Titles to Land Consolidation (Scotland) Act 1868

SCHEDULE (FF.) U.K.

Modifications etc. (not altering text)

C1 Sch. (FF.) amended by Conveyancing (Scotland) Act 1924 (c. 27), s. 25

No. 1 U.K.

Form of a Bond and Disposition in Security U.K.

I, A.B., [here name and design the grantor,] grant me to have instantly borrowed and received from C.D. [here name and design the creditor] the sum of [insert the sum] sterling; which sum I bind myself, and my heirs, executors, and representatives whomsoever, without the necessity of discussing them in their order, to repay to the said C.D.,his executors . . . F1 or assignees whomsoever, at the term of [here insert the date and place of payment], with a fifth part more of liquidate penalty in case of failure, and the interest of said principal sum at the rate ofper centum per annum from the date hereof to the said term of payment, and half-yearly, termly, and proportionally thereafter, during the not-payment of the same, and that at two terms in the year, Whitsunday and Martinmas, by equal portions, beginning the first term’s payment of the said interest at the term of next, for the interest due preceding that date, and the next term’s payment thereof at following, and so forth half-yearly, termly, and proportionally thereafter during the not-payment of the principal sum, with a fifth part more of the interest due at each term of liquidate penalty in case of failure in the punctual payment thereof. And in security of the personal obligation before written I dispone to and in favour of the said C.D. and his foresaids, heritably, but redeemably as after mentioned, yet irredeemably in the event of a sale by virtue hereof, all and whole [here described or refer as in schedule(E.) or schedule(G.) to the lands] (a), and that in real security to the said C.D. and his foresaids of the whole sums of money above written, principal, interest, and penalties; and I assign the rents, and I assign the writs, and I grant warrandice, and I reserve power of redemption, and I oblige myself for the expenses of assigning and discharging this security; and on default in payment I grant power of sale; and I consent to registration for preservation and execution. [F2 Testing clause+].

(a) If the lands are held under any real burdens, conditions, provisions, or limitations, insert them here or refer to them in or as nearly as the circumstances may require in the form of schedule (D.)[F2 + Subscription of the document by the granter of it will be sufficient for the document to be formally valid, but witnessing of it may be necessary or desirable for other purposes (see the Requirements of Writing (Scotland) Act 1995)]

Textual Amendments

F1 Words repealed by Succession (Scotland) Act 1964 (c. 41), s. 37, Sch. 3

F2 Words in Sch.(FF.) No. 1 substituted (1.8.1995) by 1995 c. 7, ss. 14(1), 15(2), Sch. 4 para. 18 (with ss. 9(3)(5)(7), 13, 14(3))

No. 2 U.K.

Form of Schedule of Intimation, Requisition, and Protest U.K.

I, A.B. [design him], procurator for C.D. [design creditor in right of the security], in whose favour the bond and disposition in security after mentioned was granted, [or, if he is not the original creditor,now in right of the bond and disposition in security after mentioned,] do hereby give notice to you E.F. [design debtor under the security] that payment is now required of the sum of £ being the principal sum due under the bond and disposition in security, dated and recorded , granted by you E.F. [or by G.H.] in favour of the said C.D. [or original creditor], [if C.D. is not the original creditor, add, to which C.D. has now right by various transmissions, but these transmissions need not be particularly specified], and of the sum of £, being the interest due at present on the said principal sum, with such further sum of interest as shall accrue on the said principal sum till paid. And I further give you notice, that if at the expiry of the period of three months from the date hereof the sums, principal and interest, and liquidate penalty incurred and to be incurred, of which payment is now required, shall not be paid in terms of the said bond and disposition in security, then the said C.D.,or the person or persons who may then be in right of the said bond and disposition in security, may proceed to sell the lands and others [or subjects] thereby conveyed in the manner provided by the “ M1 Titles to Land Consolidation (Scotland) Act 1868,” and with all powers and privileges conferred on or competent to creditors under bonds and dispositions in security by that Act. This I do at on the day of before and in the presence of L.M.,notary public, and N.O. and P.Q. [design them] witnesses to the premises, called and required, and hereto with me subscribing.

Marginal Citations

M1 1868 c. 101.

(Signed) A.B.

N.O.,Witness.

P.Q.,Witness.

No.3 U.K.

Certificate by Notary on Copy of foregoing Schedule U.K.

I certify that what is above written is a true copy.

(Signed) L.M.,Notary Public.