North Dakota Code 35-03-05 – Form of real estate mortgage
A mortgage of real property may be made in substantially the following form: NORTH DAKOTA STANDARD FORM THIS INDENTURE, Made this day of A.D. Two thousand between whose post-office address is of the county of and state of North Dakota, part of the first part, and whose post-office address is of the county of and state of North Dakota, party of the second part:
Terms Used In North Dakota Code 35-03-05
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Statute: A law passed by a legislature.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
- year: means twelve consecutive months. See North Dakota Code 1-01-33
WITNESSETH, That the said part of the first part, for and in consideration of the sum of dollars to in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do by these presents grant, bargain, sell, and convey to the said party of the second part, heirs, executors, administrators, successors, and assigns, forever, all the following described real estate in the county of and state of North Dakota, described as follows, to wit:
TO HAVE AND TO HOLD THE SAME, Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, unto the said party of the second part, heirs, executors, administrators, successors, and assigns, FOREVER. And the said part of the first part, do covenant with the said party of the second part, heirs, executors, administrators, successors, and assigns, as follows: That he ha good right to convey the same, that the same are free from all encumbrances and that the said party of the second part, heirs, executors, administrators, successors, and assigns, shall quietly enjoy and possess the same, and that the said part of the first part will warrant and defend the title to the same against all lawful claims, hereby relinquishing and conveying all right of homestead, and all contingent claims and rights whatsoever in and to the said premises.
PROVIDED, NEVERTHELESS, That if the said part of the first part, heirs, executors, or administrators, shall well and truly pay, or cause to be paid, to the said party of the second part, heirs, executors, administrators, successors, or assigns, the sum of dollars and interest according to the conditions of note of even date herewith, as follows:
payable at the with interest from date until maturity, at the rate of percent, per annum, payable annually and shall also keep and perform all and singular the covenants and agreements herein contained, then this deed to be null and void, and the premises hereby conveyed to be released at the cost of the said part of the first part; otherwise to remain in full force and effect.
And the said part of the first part do covenant and agree with the said party of the second part, heirs, executors, administrators, successors, and assigns to pay the said sum of money and interest thereon as above specified; to pay as a part of the debt hereby secured, in case of each or any foreclosure or commencement of foreclosure of this mortgage, all costs and expenses and statutory attorney’s fees in addition to all sums and costs allowed in that behalf by law; to permit no waste, and to do or permit to be done, to said premises, nothing that may in any manner impair or weaken the security under this mortgage; to pay all taxes or assessments that may be assessed against or be a lien on said premises, or any part thereof, or upon this mortgage or note or the legal holder thereof, before the same shall become delinquent; to keep the buildings on said premises insured for dollars, in companies acceptable, with loss payable to the mortgagee or assigns; and in case of failure so to pay said taxes or assessments, or any of the agreements hereunder, or in case there exists any claim, lien, or encumbrance upon said premises, which is prior to this mortgage, the said party of the second part, heirs, executors, administrators, successors, or assigns may at option, pay and discharge such taxes or other obligation, and the sum or sums of money which may so be paid, with interest from the time of payment at the same rate as said principal sum, shall be deemed and are hereby declared to be a part of the debt secured by this mortgage and shall be immediately due and payable. It is further agreed and understood that this mortgage shall also cover any renewal note for the above described indebtedness or any portion thereof.
But if default shall be made in the payment of said sum of money, or interest, or the taxes, or any part thereof, at the time and in the manner hereinbefore or hereinafter specified for the payment thereof, the said part of the first part, in such cases do hereby authorize and fully empower the said party of the second part, heirs, executors, administrators, successors, or assigns, to sell the said hereby granted premises and convey the same to the purchaser, in fee simple agreeably to the statute in such case made and provided, and out of the moneys arising from such sale to retain the principal and interest which shall then be due on said note , and all taxes upon said lands, together with all costs and charges, and statutory attorney’s fees, and pay the overplus if any to the said part of the first part, heirs, executors, administrators, or assigns, And if default be made by the part of the first part in any of the foregoing provisions it shall be lawful for the party of the second part, heirs, executors, administrators, successors, or assigns or above specified to be due.
attorney to declare the whole sum IN TESTIMONY WHEREOF, The said part of the first part ha hereunto set hand the day and year first above written.
Signed and delivered in presence of