New South Wales Consolidated Acts

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CONVEYANCING ACT 1919 - SECT 81

Short forms of covenants by mortgagor

81 Short forms of covenants by mortgagor

(1) Whenever, in any deed of mortgage which is expressed to be made in pursuance of this Act, or in any mortgage under the Real Property Act 1900 , the mortgagor employs the form of words contained in the first column of Part 1 of the Fourth Schedule, and distinguished by a number therein, such form of words shall imply a covenant by the mortgagor for himself or herself, his or her executors, administrators, and assigns, with the mortgagee, his or her executors, administrators, and assigns, in the terms contained in the second column of the said Schedule, and distinguished by the corresponding number.
(2) There may be introduced into, or annexed to, any form in the said first column any addition to, exception from, or qualification of the same; or any words in such column may be struck out or omitted; and a proviso which would give effect to the intention indicated by such addition, exception, qualification, striking out, or omission shall be taken to be added to the corresponding form in the second column.
(3) This section applies only to deeds made after the commencement of this Act and to mortgages made under the Real Property Act 1900 , after the commencement of the Conveyancing (Amendment) Act 1930 .



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