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PRECEDENT
XXI.

LIFE, REMAIN

DERMAN, AND
MORTGAGEES.

2. Recites exist
ing limitations
under a will
and divers

scheduled deeds;

derman], of the fourth part; N. O., of, &c. [purchaser], of the fifth part; and P. Q., of, &c. [dower trustee], of the BY TENANT FOR Sixth part: WHEREAS, under and by virtue of the will of the late R. S. deceased, the father of the said I. K., and the grandfather of the said L. M., and the several indentures specified in the second schedule hereunder written, or some of them, the messuage and hereditaments hereinafter expressed to be hereby granted now stand (together with other hereditaments of far greater value) limited to the use of the said A. B. and C. D., their executors, administrators, and assigns, for the residue of a term of 1000 years from the 10th day of January, 1810, the day of the decease of the said R. S., as a subsisting security for the payment to the said A. B. and C. D., their executors, administrators, and assigns, by the said I. K. and L. M., their heirs, executors, or administrators, of divers principal sums of money specified in the same several indentures, or some of them, and amounting altogether to £35,000, and of interest thereon respectively, with remainder to the use of the said E. F. and G. H., their heirs and assigns, in trust for the said A. B. and C. D., their executors, administrators, and assigns, as a further security for the same sums and interest, with remainder to the use of the said I. K. and his assigns during his life, with remainder To such uses, upon and for such trusts, intents, and purposes, and with, under, and subject to such powers, provisoes, agreements, and declarations. as the said I. K. and L. M., by any deed or deeds, instrument or instruments in writing, with or without power of revocation and new appointment, to be by them respectively sealed and delivered in the presence of and attested by two or more credible witnesses, shall jointly direct, limit, or appoint; And in default of, and until and subject to such direction, limitation, or appointment, to the use of the said L. M., his heirs and assigns for ever; AND WHEREAS the said I. K. and L. M. have agreed with the said N. O. for the sale to him of the fee simple in possession of the said hereditaments hereinafter expressed to be hereby granted, free from incumbrances, at the

3.-agreement for sale;

PRECEDENT

XXI.

LIFE, REMAIN-
DERMAN, AND
MORTGAGEES.

price of £, AND WHEREAS the said A. B. and C. D., being satisfied that the said other hereditaments subject to the limitations, charges, and trusts hereinbefore recited BY TENANt for or referred to, are amply sufficient for securing the payment of the whole of the said £35,000, and all interest due and to grow due for the same, consent to the said 4-for release sale to the said N. O., and have agreed that they and the by mortgagees; said E. F. and G. H. will join in these presents for the purposes and in manner hereinafter appearing; AND 5.-agreement WHEREAS the several deeds and writings specified in the said second schedule hereto relate as well to the said hereditaments hereinafter expressed to be hereby granted as to the said other hereditaments of greater value subject to the limitations, charges, and trusts aforesaid, and upon the treaty for the said sale it was agreed that the said deeds and writings should remain in the custody of the said A. B. and C. D., and that these presents should contain such a covenant and undertaking relative thereto

for covenant to produce deeds.

as are hereinafter contained: NOW THIS INDEN- 6. Witnesseth: TURE WITNESSETH, that, in pursuance of the said

agreements, and in consideration of the sum of £, -consideration, upon the execution of these presents paid by the said N. O. to the said I. K. and L. M., with the concurrence of the said A. B. and C. D. (testified by their being parties to and executing these presents), the receipt whereof the said I. K. and L. M. hereby acknowledge, and the payment whereof with their concurrence the said A. B. and C. D. do and each of them doth hereby admit, They the said I. K. and L. M., in exercise and execution appointment. of the said power limited to them as herein before mentioned, and of every or any other power enabling them, do by these presents jointly direct, limit, and appoint that the messuage and all the hereditaments hereinafter expressed to be hereby granted shall henceforth go and remain To THE USES, upon the trust, and with the power hereinafter limited and declared; AND THIS INDEN- 7. Witnesseth TURE ALSO WITNESSETH, that, in further pur- secondly: suance of the said agreements, and for the consideration aforesaid, they the said A. B. and C. D., at the request as

PRECEDENT
XXI.

BY TENANT FOR
LIFE, REMAIN-
DERMAN, AND
MORTGAGEES.

-assignment and grant;

8. Habendum,

-free from mortgage debts;

dower.

well of the said I. K. and L. M., as of the said N. O., and for the purpose of merging the said term of 1000 years, do and each of them doth hereby assign and release, and they the said E. F. and G. H., by the direction of the said A. B. and C. D., and at the request of the said I. K. and L. M. (testified by their severally being parties to and executing these presents), do and each of them doth hereby grant and release, and they the said I. K. and L. M., according to their respective estates and interests, do and each of them doth hereby grant and confirm unto the said N. 0. and his heirs [Parcels, supra, pp. 207, 210, 213, 215, or 219,-General Words, supra, p. 208]; To HAVE AND TO HOLD all the said premises hereinbefore expressed to be hereby granted, UNTO the said N. O. and his heirs, Discharged from all principal moneys and interest owing on or intended to be secured by and from all claims and demands under the said several indentures specified in -to uses to bar the said second schedule hereto, TO THE USES, upon the trust, and with the power hereinafter limited and declared; AND IT IS HEREBY declared, that the direction, limitation, and appointment, and the grant hereinbefore contained, shall respectively operate and enure To SUCH USES [Dower 9. Covenants for uses, supra, p. 211,-Covenant by A. B., C. D., E. F., and G. H., that they have not incumbered the premises assigned and granted, supra, p. 269]; AND THE SAID I. K. and L. M. do hereby, for themselves, their heirs, executors, and administrators, and as a separate covenant each of them doth hereby, for himself, his heirs, executors, and administrators, covenant with the said N. O., his heirs, appointees, and assigns, that, notwithstanding anything by the said R. S., or by the said I. K. and L. M., or either of them, or by any person claiming through or in trust for the said R. S., I. K., and L. M., or any of them, done, omitted, or knowingly suffered, the said E. F. and G. H. now have power to grant and release, and the said I. K. and L. M. now have power to appoint and also to grant and release, all the said premises hereinbefore expressed to be hereby granted to the uses and and surrender in manner aforesaid; AND ALSO that, notwithstanding term,

title:

-for right to convey,

PRECEDENT

XXI.

BY TENANT FOR
LIFE, REMAIN-
DERMAN, AND
MORTGAGEES.

any such thing as aforesaid, the said A. B. and C. D. now have power to assign all the said premises hereinbefore expressed to be hereby assigned unto the said N. O. and his heirs in manner aforesaid; AND THAT the said premises hereinbefore expressed to be hereby appointed and assigned and granted respectively shall at for quiet enjoyment, all times remain and be to the uses hereinbefore declared, and be quietly entered into and upon and held and enjoyed, and the rents and profits thereof received, by the said N. O., his heirs, appointees, and assigns accordingly, without any interruption or disturbance by the said I. K. and L. M. or either of them, or any person claiming through or in trust for them or either of them, or through or in trust for the said R. S.; AND THAT free and dis--free from incumbrances, charged from, or otherwise by them the said I. K. and L. M., their heirs, executors, or administrators, sufficiently indemnified against all estates, iucnmbrances, claims, and demands, created, occasioned, or made by the said I. K. and L. M., or either of them, or by the said R. S., or any person claiming through or in trust for them, or any of them; AND FURTHER, that the said I. K. and L. M., and every person having or claiming any estate or interest in the said premises through or in trust for them or either of them, or the said R. S., will at all times, at the cost of the said N. O., his heirs, appointees, or assigns, execute and do every such assurance and thing for the further or more perfectly assuring all or any of the said premises to the uses hereinbefore declared, as by the said N. O., his heirs, appointees, or assigns, shall be reasonably required; AND THE SAID L. M. doth hereby, for himself, 10. Covenant by his heirs, executors, and administrators, covenant with remainderman the said N. O., his heirs, appointees, and assigns, that he cession duty. the said L. M., his heirs, executors, or administrators, will, when and so soon as the same shall become payable, pay to the Commissioners of Inland Revenue, or to their officers, or other the persons or person for the time being authorised or empowered to receive the same, the duty, and all and every the sums and sum of money, which, under the provisions of "The Succession Duty Act,

-for further assurance.

to pay suc

PRECEDENT
XXI.

LIFE, REMAIN

DERMAN, AND
MORTGAGEES.

1853," shall, on the death of the said I. K., be leviable or payable to Her Majesty in respect of the succession BY TENANT FOR thereby conferred on the said L. M. or his heirs, or on the said N. O., his heirs, appointees, or assigns, of and in the said premises hereinbefore expressed to be hereby granted; and will at all times keep the said N. O., his heirs, appointees, executors, administrators, and assigns, indemnified against the payment of the said duty and sums or sum of money, and against all actions, suits, proceedings, costs, damages, claims, and demands which may be incurred or sustained by reason of the non-pay11. Witnesseth ment thereof, or of any part thereof; AND THIS INDENTURE ALSO WITNESSETH, that, in purproduce deeds by Suance of the said agreement in this behalf, and for the considerations aforesaid, they the said I. K. and L. M. do hereby for themselves, their heirs, executors, administrators, and assigns, and as a separate covenant each of them doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant with the said N. O., his heirs and assigns, that, &c. [Covenant to produce deeds infra, Precedent lxxvi., p. 76]. IN WITNESS, &c.

thirdly:

-covenant to

tenant for life and remainder

man.

Add two Schedules, the first containing the parcels, the second the deeds to be produced.

PRECEDENT
XXII.

BY MORTGAGEE

AND TRUSTEE,

FOR SALE,

MORTGAGE KEPT

ON FOOT.

1. Parties.

On keeping on foot incum

XXII.

CONVEYANCE by a MORTGAGEE and a TRUSTEE for SALE of the Equity of Redemption; the MORTGAGE being KEPT ON FOOT for the Benefit of the Purchaser (a).

THIS INDENTURE, made, &c., between A. B., of, &c. [mortgagee], of the first part; C. D., of, &c. [trustee for

(a) If there be two or more mortgages on an estate, and the owner of the first mortgage, or of any of the first mortgages, purchases and

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