Page images
PDF
EPUB

LEASE

HOLDS.

mises hereby assigned, and has not in any respect become forfeited or surrendered, or become void or voidable: AND THAT the rent, covenants, conditions and agreements by and in and rent and the said indenture of lease reserved and contained have, on have been the tenant's or lessee's part, been duly paid, observed, or per

[ocr errors]

Covenants

performed;

f red, up to the day of -: AND THAT for and not- for right to assign; withstanding any such act, deed, matter, or thing as aforesaid, he, the said A. B., now hath in himself good right and absolute authority to assign the said hereditaments and premises hereby assigned or expressed, and intended so to be, unto the said C. D., L:s executors, administrators and assigns, for all the residue of the said term of years, in manner aforesaid, and according

enjoyment

to the true intent and meaning of these presents: AND THAT for peaceable it shall be lawful for the said C. D., his executors, administrators during term; and assigns, at all times hereafter during the said term of years, peaceably and quietly to enter into, and have, hold, Ger.py, possess, and enjoy the same hereditaments and premiss, with their appurtenances, and to receive the rents and pets thereof, and of every part thereof, to and for his and their own use and benefit, without any lawful let, suit, trouble, evotion, claim or demand whatsoever of or by him the said A. B., his executors or administrators, or any person or persons Planing or to claim from, under, or in trust for him, them, or y of them: AND THAT free and clear, and freely and clearly free from inenerated and discharged, or by the said A. B., his heirs, tors or administrators, well and sufficiently saved, 4ed, kept harmless and indemnified, of, from and against all frer and other estates, titles, troubles, charges and incumbra whatsoever, either already or to be hereafter had, made, dote, committed or suffered by the said A. B., his executors or

cumbrances;

istrators, or by any other person or persons lawfully caning or to claim, from, under, or in trust for him, them, or any of them: AND FURTHER that the said A. B., his executors and for and administrators, and all other persons having or claiming, or assurance. who shall or may hereafter have or claim any estate, right, title

interest, at law or in equity, in, to or out of the said hereditaments and premises hereby assigned, or expressed, and intended so to be, or any of them, or any part thereof, from, der, or in trust for the said A. B., his executors or adminis

further

LEASE

HOLLS.

trators, shall and will, from time to time, and at all times after during the said term of — years, upon every reas request, and at the proper costs and charges of the said his executors, administrators and assigns, make and per cause to be made and perfected, all such further and lawful and reasonable acts, deeds, assignments and assu in the law whatsoever, for the further, better, more po and absolutely assigning and assuring of the said heredit and premises hereby assigned or expressed, and intende be, with their appurtenances, unto the said C. D., his ex administrators or assigns, for the remainder which shall to come and unexpired of the said term of years the said C. D., his executors, administrators or assigns Covenant by or their counsel, shall be devised, advised, and required THE SAID C. D. doth hereby for himself, his heirs, ex administrators and assigns, covenant with the said A. executors and administrators, that he, the said C. executors, administrators and assigns, shall and will times hereafter during the said term of

purchaser,

years,

for payment cause to be paid, the yearly rent by the said recited in observance of of lease reserved, which shall henceforth grow due and

of rent and

covenants,

in respect of the premises hereby assigned, and also perform, and keep all and singular the covenants, co and agreements in the said indenture of lease contain which henceforth on the part of the tenant, lessee. assignee of the premises hereby assigned, are or ough observed, performed, and kept, and shall and will from time, and at all times hereafter, save, defend, and keep 1 and indemnify the said A. B., his heirs, executors and vendor from trators, and his and their estates and effects, from and the payment of the said rent, and the performance of covenants, conditions and agreements, and from and ag actions, suits, cause and causes of action and sui expenses, damages, claims and demands whatsoever, fo account of the same, or in anywise relating thereto WITNESS, &c.

and for indemnifying

the same.

Covenants.

(a) An assignee of a leasehold interest is not liabl rent and covenants contained in the lease, after he has

No. XVII.

APPOINTMENT and CONVEYANCE of FREEHOLDS to APPOINT
PURCHASER to USES to BAR DOWER. [Short Form.]

THIS INDENTURE, made the

MENT AND
GRANT.

[Short

Form.]

day of—, BETWEEN

Parties.

day of

Recite con

A. B. of &c. [vendor], of the first part, C. D., of &c. [purchaser], of the second part, and E. F., of &c. [dower trustee], of the third part: WHEREAS by an indenture dated the and made between [parties], the hereditaments herein- veyance to after described, and intended to be hereby assured, and the

appurtenances, were conveyed by

to the said A. B., and

vendor.

sale.

his heirs, to such uses, and upon and for such trusts, intents and purposes, as the said A. B. should direct or appoint, and subject thereto, to the said A. B., his heirs and assigns for ever: AND WHEREAS the said A. B. hath agreed with the said Contract for C. D. for the absolute sale to him of the hereditaments bereinafter described, and intended to be hereby assured, with their appurtenances, and the freehold and inheritance thereof, in fee simple in possession, free from all incumbrances,

at or for the price or sum of £

DENTURE WITNESSETH, that in pursuance of the said "

-:NOW THIS IN- Witnessing

part.

to the Considera

tion,

cution of

agreement, and in consideration of the sum of £4. B. paid by the said C. D. immediately before the execution of these presents, the receipt whereof he the said A. B. doth hereby acknowledge, and in exercise and in execution of and in exethe said power to him for this purpose reserved by the said this behalf, he the said A. B. doth hereby direct, limit and recited indenture, and of every other power enabling him in appoint, THAT ALL THOSE hereditaments hereinafter described, appointment

power,

an assignment of the lease to another person; so that if the vendor of representative of an assignee, he is not entitled to a covenant from a leasehold interest is not the original lessee, but an assignee, or the the covenants, unless he, the vendor, is under the obligation of a the purchaser for the payment of the rent and the observance of Covenant for the payment and observance of such rent and

Covenants.

by vendor,

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

and intended to be temeby zasured shall henceforth go, remain *INT AND gud be so subles of upc and for such trusts, intents and purposes as are hem loafter expressed and declared concerning the size: AND THIS INDENTURE ALSO WITNESSETH, that in fomber pursuance of the said agreement, and for the emailemtions of resid, he the said A. B. doth bereby grant to the said C. D. and his heirs, ALL, &c. Garrel), IL-ITER WITH £ buildings, yards, gardens, orchards, commiIA, WETS, SERLIS, watcreourses, liberties, easeLeite, comm ditis gr appurte han es whatsoever to the said berolitaments and proses, or any part thereof, belonging or in anywise appertaining, or with the same, or any part thereof, now or her bf re he used and enjoyed, or appurtenant And the thert): AND ALL THE ESTATE, interest, claim and demand of him the said A. B. in and to the said hereditaments and premises, and every part there f: To HAVE AND TO HOLD the said hereditaments and premises hereby granted unto the said C. D. and his heirs, to such uses, and upon and for such trusts, intents and purposes, as are hereinafter expressed and declared concerning the same: AND IT IS HEREBY AGREED AND DECLARED that the direction, limitation and appointment, and the said grant hereinbefore contained, shall respectively operate and enure, To SUCH USES, upon and for such trusts, intents and purposes, for such estates, and generally in such manner as the said C. D. shall by any deed or deeds direct and appoint, and in default of, and until such direction or appointment, To THE USE OF the said C. D. and his assigns for his life, without impeachment of waste: AND AFTER the determination of that estate by any means in his lifetime, to the use of the said E. F., his executors, administrators and assigns, during the life of the said C. D. in trust for him and his assigns: AND AFTER THE DETERMINATION of that estate, To the use of the said C. D., Declaration his heirs and assigns for ever: IT BEING HEREBY declared that the widow of the said C. D. shall not be entitled to dower in or out of the premises: AND THE SAID A. B. doth hereby for himself, his heirs, executors and administrators, covenant with the said C. D., his heirs, appointees and assigns, THAT notwithstanding any act or thing by the said A. B. done, or for right to knowingly or willingly suffered to the contrary, the said A. B.

that widow

shall not be

entitled to dower.

Covenants

by vendor,

appoint and

APPOINT

GRANT.

[Short Form]

grant here

enjoyment;

from incum

now hath full power to appoint and grant the said hereditaments and premises unto and to the use of the said C. D., his heirs, MENT AND appointees and assigns, in manner aforesaid: AND THAT it shall be lawful for him and them at all times hereafter quietly to hold and enjoy the said hereditaments and premises, and to ditaments; receive the rents and profits thereof, to and for his and their enjoyme own use and benefit, without any claim or demand of or by the said A. B. or his heirs, or any person or persons claiming under or in trust for him, them or any of them: AND THAT free from freedom all incumbrances, occasioned or suffered by the said A. B., or brances; his heirs, or any person or persons claiming under or in trust for them or any of them: AND THAT the said A. B. and his and for furTirs, and all other persons claiming any estate or interest, at? Law or in equity, in or out of the said hereditaments and premises, under or in trust for the said A. B. or his heirs, will at all times hereafter, upon the request and at the costs of the said C.D., his heirs, appointees or assigns, make and perfect all such further and other acts and assurances for the further and more perfectly assuring of the said hereditaments and premises, and every part thereof, with their appurtenances, unto and to the use of the said C. D., his heirs, appointees and assigns in manner aforesaid, as by the said C. D., his heirs, appointees or assigns, or his or their counsel in the law, shall be reasonably

dvised or required. IN WITNESS, &c.

ther assur

ances

No. XVIII.

CONVEYANCE of FREEHOLDS, and ASSIGNMENT of GRANI AND
LEASEHOLDS to PURCHASER. [Short Form].

THIS INDENTURE, made the

A. B., of &c. [vendor], of the one

day of, BETWEEN part, and C. D., of &c.

ASSIGN

MENT.

[Short

Form.]

Parties.

purchaser], of the other part: WHEREAS by an indenture of Recite inden

lease, dated the

ture of lease,

day of

[ocr errors]

and made between [parties], and contract

for sale of

« EelmineJätka »