743. Provisions as to costs in the mortgage deed.

743.     Provisions as to costs in the mortgage deed.

The mortgage deed may contain express provisions varying or extending the mortgagee's general right to reimbursement from the security of costs properly incurred1. There may, for example, be agreement that the mortgagor is personally liable for payment of costs2; or that costs should be payable on the indemnity basis3; or that the mortgagee is entitled to the costs of proceedings where a third party impugns the title to the mortgage, or the enforcement or exercise of some right or power accruing to the mortgagee