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Mortgage of interest of partner

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Mortgage of interest of partner. [Add to ordinary form of mortgage the following:] The mortgagor is a partner in the firm of _________, engaged in the business of _________ at _________, in the county of _________, state of _________, under articles of partnership dated the _________ day of _________, 19__. The mortgagee has agreed to lend, etc. [same as in ordinary mortgage]. The mortgagor hereby charges all his [her] share and interest in the partnership business, including its goodwill, and in the capital, book debts and assets with the repayment to the mortgagee, his [her] executors, administrators or assigns, of the money secured at the times and in manner above. The mortgagor covenants with the mortgagee that he [she] the mortgagor, will, so long as he [she] shall continue a partner in the partnership and during the continuance of this security, duly observe and perform all the covenants, conditions and stipulations contained in the articles of partnership and on his [her] part to be observed and performed. He [She] will not do or suffer anything where the partnership may be determined, or the share or interest, or any of the premises charged, may be encumbered or alienated, save in the ordinary course of business, or otherwise prejudicial in any way. He will at all times devote his [her] time and attention to the business, and use the utmost endeavor to carry it on to advantage. Also from time to time inform and keep informed the mortgagee, his [her] executors, administrators and assigns, if and whenever requested to do so of the state and condition of the affairs of the partnership business, and of the liabilities, assets, profits and losses. The mortgagor irrevocably appoints the mortgagee, to be the lawful attorney and attorneys, in the name and on behalf of the mortgagor, to give notice of dissolution of the partnership, and to demand and take all accounts pursuant to the articles of partnership, and to demand, sue for, recover, receive and give valid receipts for all money, effects and things to which the mortgagor is entitled under the articles of partnership, or otherwise in relation to the premises, and for those purposes or any of them to execute and to do all instruments and things as may be deemed necessary or expedient. If the mortgagor shall die, or if he [she] or the firm becomes bankrupt or enters into any composition or scheme for the arrangement or liquidation, statutory or otherwise, of his [her] or their affairs for the benefit of creditors generally, or fails to observe and perform any of the covenants, and particularly if he [she] shall at any time during the continuance of the security absent himself [herself] from the business at any time for more than _________ days except in case of illness, without the consent of the mortgagee, his [her] executors, _________[etc.] then and in that case the debt of _________ dollars (principal and interest), shall immediately become due and payable.

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