The second sentence of the present letter gives the bank the right to call on the customer to raise money elsewhere to. apply to – presumably in reduction of – his loans, or, alternatively, to provide “collateral mortgage security” for the loans. If the option is that of the borrower, rather than the bank, I do not think it can be said that the borrower has agreed to execute a mortgage when required or that his land shall stand as security. He has a right to do something else instead. In Mornington v. Kean (1858), 2 De G. & J. 292, 44 E.R. 1001 (L.C.), it was held that a covenant to secure an annuity in any of several ways creates no security.
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