as the head of a family, who has residing on the premises and is caring for and maintaining, his or her minor child, or minor grandchild, or the minor child of his or her deceased wife or husband, a minor brother or sister or the minor child of a deceased brother or sister, a father, mother, grandmother, or grandfather of a deceased husband or wife, or an unmarried sister.

Civil Code, Section 1261.

Section 664.-FORM OF REAL ESTATE MORTGAGE. A good form of mortgage on real estate is as follows, the blank spaces to be filled in with the proper names, dates, amounts, and descriptions:

That the Mortgagor.

.mortgages to the Mortgagee

. those certain lots, or tracts of land situated in . County, State of California, particularly de

scribed as follows, to-wit:

(Here insert description of property.)

as security for the payment of a certain obligation in writing, of which the following is a copy:

rate of....

per cent per annum, payable semi

annually, principal and interest payable in United States Gold Coin. Interest if not paid when due, to be added to the principal and bear interest at the same rate until paid.

$....

But in case default be made in the payment of either the principal or any installment of interest provided for in said obligation when due, then the whole shall be due at the option of the holder of the said obligation, and action may be immediately commenced, without notice, to foreclose this mortgage.

And the plaintiff, in action to foreclose this mortgage shall, upon filing the complaint in foreclosure, be entitled ..per cent on the amount due on said obligation

to.....

as counsel fees.

And the holder of said obligation may pay all taxes or other encumbrances now subsisting or hereafter to be laid upon said land, and may at his option keep fully insured against all risks by fire the buildings which are now and may be hereafter erected thereon, and such payment shall be allowed with interest thereon at the rate of one per cent per month.

And the cost of foreclosure and sale, counsel fees, and all payments herein provided for, are and shall be a charge upon the property described herein, and repayable on demand, and payable out of the proceeds of the sale thereof.

IN WITNESS WHEREOF, the said Mortgagor,.

.., has hereunto set....... hand.... and seal..

a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared

known to me to be the person whose name is subscribed to and who executed the within instrument, and he acknowledged to me that he executed the same.

In witness whereof, I have hereunto set my hand and affixed my official seal at my office in the..

County of....

first above written.

the day and year in this certificate

Notary Public in and for the County of... . . .
State of California.

Commission expires...

191..

Section 665.-RULES WHICH APPLY TO CHATTEL MORTGAGES.-The law provides how a mortgage of personal property must be made, and because this kind of mortgage is on movable property, subject to transportation from one place to another, the law makes certain strict rules which must be applied to the making of every chattel mortgage in this State. A mortgage of personal property is void as against creditors of the mortgagor, unless it is accompanied by the affidavit of all the parties thereto that it is made in good faith and without any design to hinder, delay, or defraud creditors; and a mortgage without this affidavit is also void as against subsequent purchasers and encumbrancers of the property who become such in good faith and for value. The law also provides that a mortgage of personal property, to be valid against creditors of the mortgagor, or against subsequent purchasers or encumbrancers in good faith and for value, must be acknowledged, or proved, certified, and recorded in like manner as deeds of real property.

Civil Code, Section 2957.

Section 666.-FORM OF CHATTEL MORTGAGE.A good form of mortgage on personal property is as follows, the blank spaces to be filled in with the proper dates, names, amounts, and descriptions:—

Mortgagee.

WITNESSETH: That the Mortgagor mortgages to the Mortgagee all that certain personal property, with the