T.—3a

187

Herrman Lewis, of the City of Wellington, settler, being the holder of leases numbers 6428, 7430, 7431, 7428, 7429, 7432, and 7433 affecting the Mokau-Mohakatino Block, Subdivisions Numbers One F ( If), One G (1g), One h (1h), and One J (1j) respectively, with concurrence of the Mokau Coal and Estates Company (Limited), testified by its executing this consent, in consideration of the sum of fifty-four thousand seven hundred pounds paid to him by the said company (the receipt whereof he doth hereby admit) hereby transfers the said leases to Walter Harry Bowler, of the City of Auckland, a member of the Civil Service of New Zealand, as reversioner, subject to the subleases numbered respectively 7490, 7492, 7493, 7494, 7495, and 7496 thereover, and the said Walter Harry Bowler hereby accepts such transfer accordingly. Dated this nineteenth day of May, one thousand nine hundred and eleven. Signed by the said Herrman Lewis in the | TT r 6 J , - Herrman Lewis. presence of— i C. H. Howard, Solicitor, Wellington. The common seal of the Mokau Coal and Estates Company (Limited) was here- [seal] unto affixed in the presence of — Robert McNab. Charles Bailey. J. M. Johnston, Secretary. U. Whitaker, Law Clerk, Palmerston North. Signed by the said Walter Harry Bowler | „- j. Bowler in the presence of — I C. H. Howard, Solicitor, Wellington. Memorandum of Mortgage. Whereas Walter Harry Bowler, of the City of Auckland, a member of the Civil Service of New Zealand, is registered as proprietor of an estate in fee-simple, subject, however, to such encumbrances, liens, and interests as are notified by memorandum underwritten or endorsed here on, in all those parcels of land mentioned and described in the schedule hereto : And whereas William Nelson, of Tomoana, gentleman; Robert Donald Douglas McLean, of Napier, sheepfarmer; Mason Chambers and Bernard Chambers, of Havelock North, sheep-farmers; Paul Hunter, of Porangahau, sheep-farmer; Robert McNab, of Palmerston North, gentleman; and Charles Albert Loughnan, of Palmerston North, solicitor (hereinafter with their respective executors and administrators —except where the context requires a different construction —referred to as and included in the term " the mortgagees "), have, at the request of the Mokau Coal and Estates Company (Limited), a company duly incorporated under the Companies Act, having its registered office at Palmerston North, agreed to guarantee the payment to the Bank of New Zealand (hereinafter with its successors and assigns referred to as and included in the term " the bank '*) of an advance or overdraft made or granted by the said bank to the said Mokau Coal and Estates Company of the sum of £75,000 : And whereas the said W. H. Bowler has, at the request of the said Mokau Coal and Estates Company (Limited), agreed to grant to the mortgagees security for all moneys which the mortgagees may at any time hereafter be called upon to pay to the bank under the said guarantee (such security to be in addition to any other securities held by the mortgagees for securing such moneys or'any part thereof): Now, therefore, in consideration of the mortgagees having already executed such guarantee as aforesaid to the bank to secure tinadvance or overdraft made or granted to the Mokau Coal and Estates Company (Limited) as hereinafter recited, the said Mokau Coal and Estates Company (Limited) (hereinafter, together with its successors and assigns—except where the context requires a different construction —referred to as and included in the term " the mortgagor ") doth hereby covenant with the mortgagees in manner following, that is to say — 1. That the mortgagor will upon demand by the bank in accordance with the provisions of the said guarantee pay to the bank all moneys the payment whereof may be so demanded, and also will upon demand by the mortgagees pay to the bank all moneys which the mortgagees may be liable to pay by reason of their having executed the said guarantee, and will procure the said guarantee to be cancelled and made void and of no effect, and also will upon demand by the mortgagees pay to the mortgagees all or any sums or sum of money which the mortgagees may pay or be called upon to pay by reason of its having executed the said guarantee, together with interest upon all or any such sums or sum of money at the rate of six pounds per centum per annum computed from the time or respective times of the san>e having been advanced or paid. 2. That the mortgagor will pay interest on every amount demanded as aforesaid from the day of demand for such amount having been made till actual payment thereof at the rate aforesaid. 8. Any demand hereunder may be made in writing signed by the mortgagees or any of them, their agent or solicitors, and served upon the mortgagor either by delivering the same at its registered office in Palmerston North or by posting the same in 8 registered letter addressed to the mortgagor at its registered office aforesaid, and the receipt of any post-office in New Zealand for any such letter shall be conclusive proof of the service of any such demand. 4. That the mortgagor will repair and from time to time and at all times keep in good and substantial repair and condition all messuages, erections, and buildings, and all fences, hedges.