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:
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
Free access — add to your briefcase to read the full text and ask questions with AI
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:
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 ____________ attorney to declare the whole sum
above specified to be due.
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 _____________________________
______________________________ _____________________________
______________________________ _____________________________