No. I. Grant of an Annuity for the Life of the Grantor, fc. That grantor will attend at such assurance of the said (grantor) and to be paid immediately upon the decease of the said (grantor.) 5. AND ALSO that he the said (grantor) will at his own costs, whenever thereunto requested by the said (grantee), his executors, administrators or assigns, attend personally at such assurance office as grantee office in England as the said (grantee), his executors, adminisshall require, for the purpose trators or assigns shall direct, or before some agent or agents of of effecting an such office or offices in the country, and then and there give such information respecting his age, health, or otherwise, as shall be required, in order that a policy of assurance may be effected by and at the expense of the said (grantee), his executors, administrators or assigns, on the life of the said (grantor.) assurance on his life. That grantor will not do any act whereby policy may be vacated, nor do any act 6. AND FURTHER, that the said (grantor) will not any time during the continuance of the aforesaid annuity do any act whereby the said policy of assurance, or any other policy or policies of assurance that may be effected by the said (grantee), upon the life whereby an additional of the said (grantor) may become forfeited or vacated; AND ALSO, premium may become payable. that the said (grantor) shall not nor will go upon or beyond the seas, nor reside abroad,(c) nor do any other act whereby an additional premium shall become payable on such policy or policies of assurance without on every such occasion giving one calendar month's previous notice in writing to the said (grantee), his executors, administrators or assigns, so that he or they may be enabled to make the same known at the assurance office in which any policy or policies of assurance upon the life of the said (grantor) hath been or have been so effected, in order that the additional premium or premiums to be thereby incurred in keeping up such policy or policies of assurance may be duly paid to such assurance office. 7. AND MOREOVER, that he the said (grantor), his heirs, executors or administrators will, upon demand, repay unto the said (grantee), his executors or assigns, all such sum and sums of money (c) If the grantor is in the army or navy, or likely to enter into either of those services, insert also "or enter into any active military or naval employment." as the said (grantee), his executors, administrators or assigns, shall or may pay by way of additional premium in respect of such policy or policies of assurance. is No I. Grant of an Annuity for the Life of the Grantor, fc, Declaration that bond and warrant of attorney are to be considered securities to secure annuity. 8. AND THIS INDENTURE FURTHER WITNESSETH, and it is hereby declared, that the said judgment upon the aforesaid bond to be considered only as a security for the better assuring the due payment of the said annuity of 64. to the said (grantee), his as collateral executors, administrators and assigns, at the several days and in manner hereinbefore appointed for payment thereof; and that no execution shall be sued out upon such judgment, unless the said annuity, or some part thereof, shall be unpaid for the space of twenty-one days next after any of the days hereinbefore appointed for payment thereof; but in case the said annuity or any part thereof shall be unpaid for the space of twenty-one days next after any of the days hereinbefore appointed for payment thereof, THEN and in such case it shall be lawful for the said (grantee), his executors, administrators or assigns, to sue out execution upon the said judgment for the recovery of the arrears of such annuity and every part thereof, and also all costs which the said (grantee), his executors, administrators or assigns, shall incur by reason of the nonpayment thereof. AND that it shall not be necessary for the said (grantee), his executors, administrators or assigns, to revive the said judgment, or to do any act to keep the same on foot, notwithstanding the said judgment shall have been entered on record for the space of one year or upwards, any rule or practice of the court in which such warrant of attorney shall have been entered up notwithstanding; and that the said (grantor), his heirs, executors, administrators or assigns, will not attempt by any ways or means to take any advantage for want of reviving or keeping such judgment on foot. determination acknowledge 9. PROVIDED ALWAYS, that upon the decease of the said That upon (grantor), and payment of all arrears of the said annuity and all of annuity costs as aforesaid, together with such other costs as shall be incurred grantee will by the said (grantee), his executors, administrators or assigns, in satisfaction on relation to the said judgment, the said (grantee) at the request the judgment. and costs of the heirs, executors or administrators of the said the record of No. I. Grant of an Annuity for the Life of the Grantor, &c. Proviso for repurchase or any time after the expiration of two years, upon giving six calendar months' or payment of advance of annuity. (gruntor), shall acknowledge satisfaction of the said judgment upon the record thereof. 10. AND THIS INDENTURE FURTHER WITNESSETH, and the said (grantee) doth hereby for himself, his heirs, executors and redemption of administrators, covenant with the said (grantor), his executors, the annuity at administrators and assigns, that if at any time after the expiration of two years from the date hereof, the said (grantor) shall be desirous of redeeming or repurchasing the said annuity hereby granted, and shall give six calendar months' previous notice previous notice, in writing thereof to the said (grantee), his executors, adminisone half-year's trators or assigns; or, in lieu of such notice, shall pay unto the said (grantee), his executors, administrators or assigns, one halfyear's payment in advance of the said annuity, THEN, immediately upon the expiration of the said six calendar months, or upon making such half-yearly payment as aforesaid, and also upon payment by the said (grantor), his heirs, executors, administrators or assigns, of all arrears which shall be then due upon the said annuity, including the day of repurchasing the same, and of the sum of 8007. sterling as the consideration money for the repurchase of the said annuity, then the said (grantee), his executors or administrators, will receive and accept the same as and in full for the repurchase of the said annuity; and will immediately thereupon, at the costs of the said (grantor), his executors, administrators or assigns, deliver up the said bond to the said (grantor), cancelled or to be cancelled, and also cause satisfaction to be acknowledged upon the record which shall or may be entered up by virtue of the said warrant of attorney, and the said annuity shall cease and absolutely determine. IN WITNESS, &c. No. II. GRANT OF AN ANNUITY OR YEARLY RENT-CHARGE FOR THE 1. Parties. 2. Of contract for the purchase of annuity. 9. Upon trust for securing annuity. 10. Declaration that trustee's receipts shall be a sufficient discharge, &c. Indemnity to trustee, &c. 3. Testatum, by which grantor grants 11. annuity. 4. Habendum to grantee for the life of the grantor, payable halfyearly. 5. Power of distress. 6. Power of entry. 12. Covenant from grantor for pay- 13. That grantor has good right to 14. For further assurance. Substituted and additional Clauses. A. Recital of lease to grantor of 8. Habendum to trustee for a term by fire. 1. THIS INDENTURE, made the day of A.D., 185 › Parties. BETWEEN (grantor), of &c., of the first part, (grantee), of, No. II. Grant of an Annuity for the Life of Grantor. the purchase of annuity. &c., of the second part, and (trustee), of, &c., of the third part. (a) 2. WHEREAS the said (grantor) hath contracted to sell to Of contract for the said (grantee) one annuity of 2001. for the life of the said (grantor), to be issuing and payable out of the said hereditaments and premises, payable half-yearly as hereinafter is mentioned, for the price of 1,600l. [INSERT recitals of bond and warrant of attorney, as in last precedent.] Testatum, by 3. NOW THIS INDENTURE WITNESSETH, that in pursuance of which grantor grants annuity. the said contract, and in consideration of the sum of 1,600 sterling, this day paid by the said (grantee) to the said (grantor), the receipt of which the said (grantor) hereby acknowledges, and therefrom doth by these presents release, exonerate and for ever discharge the said (grantee), his heirs, executors, administrators and assigns, HE the said (grantor), DOTH by these presents grant and confirm unto the said (grantee), his executors, administrators and assigns, ONE annuity or annual rent-charge of 2007. sterling, to be issuing and payable out of and charged and chargeable upon ALL [DESCRIBE parcels.] Habendum to grantee for the life of grantor, payable halfyearly. 4. TO HAVE, HOLD, RECEIVE AND TAKE the said annuity or Recital of lease to grantor of annuity. (a) If the property charged is leasehold for lives, substitute for clauses 2 and 3 the following clause A. WHEREAS by indenture dated on or about the day of , and made between (lessor), of, &c., of the one part, and the said (grantor) of the other part, the said (lessor) for the considerations therein mentioned, demised the leasehold messuages, tenements and premises hereinafter more particularly mentioned, unto the said (grantor), his executors, administrators and assigns, from thenceforth for the term of ninety-nine years, if (A. B.) then aged years or thereabouts, (C. D.) then aged years or thereabouts, and (E. F.) then aged years or thereabouts, or either of them, should so long live; and subject to the rents and covenants therein contained on the part of the lessee, his executors, administrators and assigns, to be paid and performed. |