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Grant of, secured on Freeholds.

Clause of

entry.

rent reserved upon common leases To the intent that thby and therewith the sd (grantee) his exs ads and ass shall and may be lfully pd and satisfied the sd annty or yrly, &c. and all arrears thof And further That in case the sd annty or any pt thof shall be behind or unpd for the space of 40 days next after any of the days or times hraftr apptd for the paymt thof (although (a) no formal or legal demand shall have been made thof) Then and so often it shall and may be lful to and for the sd (grantee) his exs ads and ass into and upon the sd preses or into or upon any pt thof in the name of the whole to enter and the same to have hold and enjoy and the rents and prfts thof and of evy pt thof to rece and take to and for his and their own use and bent until he or they shall be thby and therewith or orwise fully pd and satisfd the sd annty as shall accrue and grow due during such time as he the sd (grantee) his exs ads or ass shall continue in posson of the sd preses after such entry togr with all losses costs chas dams and exps as shall be occasioned by nonpaymt thof as afd such posson to be witht impeachment of waste other than wilful and malicious waste (b) And this Indenture further Witnesseth That in Further furr pursuance of the sd agrt and for the furr better testatum. and more effectually securing the paymt of the sd annty or clear yrly sum of £— and also in conson of 10s. of Iful money of Gt Britain to the sd (grantor) in hand pd by the sd (trustee) at or befe the sealing and delivering of these prests the rect whof is hby ackngd the sd (grantor) at the request and by the diron and apptmt. of the sd (grantee) (testified by his sealing and delivering of these prests) Hath granted bargained sold and demised and by these prests Doth grant bargain sell and demise unto the sd (trustee) his exs, &c. All those the sevl messes or tents lds and heredts with the apts hinbefe mentioned and chagd with the paymt of the sd annty with all outhouses, &c. and the revn, &c. and the estate, &c. (see Release) To Have and to Hold the sd messes or tents lds heredts and preses hby granted and demised or orwise assured with the apts unto the said (T) his exs ads and ass from the day next before the day of the date of these prests for and during the term of 99 years thence next ensuing and fully to be complete and ended without impeachment of waste (c) (a) See Pref. § 7.

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(b) If the grantor be tenant for life, add, as far as the sd (grantor) can grant that privilege.'

(c) If it be needful, add, 'Together with all deeds muniments writings and evidences whatsr which in anywise relate to the same and which are or at any time shall or may be in the posson custody or Iful power of him the sd (grantor) his hrs exs or ads witht any action or suit at law or in equity.'

Demise of lands to

trustee for 99 years.

Grant of, Upon the trusts nevss hinaftr expssd concerning the secured on same that is to say Upon trust in the first place to Freeholds, permit and suffer the sd (grantor) to rece and take the

Upon

trusts.

To permit grantor to take the rents and profits.

To raise

mortgage

or sale.

rents issues and profits of the sd hby demised preses with the apts until deft shall happen to be made of or in paying the sd annty or some part thof on or at the days and times and in manner hinbefe appted for paymt of the same And upon this further trust That in case the said annty or yrly sum of £- or any pt thof shall happen to be behind or unpd by the space of 40 days next after any of the sd days or times of paymt then arrears by and so often as the same shall happen the sd (T) his exs, &c. shall by and out of the issues and prfts of the sd messes preses or any pt thof or by demising leasing mtgaging or selling the same preses or any pt thof for ali,or any part of the sd term of 99 yrs or by such or. ways or means as to the sd (T) his, &c. shall seem meet raise and levy such sum or sums of money as shall be sufficient to pay and satisfy the sd annty or yrly, &c. or so much thof as from time to time shall happen to be in arrears and unpd togr with all such losses costs chas dams and exps as the sd (grantee) his exs, &c. shall sustain or incur in consequence of the nonpaymt of the same annty as afd or the sd (T) shall incur in the exon of the trusts reposed in him And shall apply the mos arising thby in or towds the paymt or satisfaction thof accly (a) And shall permit and suffer the sd (grantor) his hrs and ass to rece the surplus (if any) of the rents issues and profits of the sd messcs heredts and preses as afd to and for his and their own use and benefit And for the purpose of facilitating any such sale or mtge it is hby decld and agrd by the pties to these prests that all contracts sales mtges assignmts and things which shall be entered into made and exted by the sd (7') his exs, &c. of or concerning the sd messes or tents and preses or any pt thof shall to all intents and purps whtsr be as valid and effectual in

Contracts, &c. of trustee good without

consent of

grantor.

(a) If it be so agreed, say,' And from and after and subject to the paymts afd Upon trust to lay out and invest the residue and surplus of the mos which shall arise and be produced by such sale or sales in the name or names of him the sd (7) his, &c. in the purchase of a competent share or competent shares of the parliamentary stocks or funds of Gt Britn or at int upon govt secties to be from time to time altered varied and transposed in, for and upon such funds or secties of the same or like nature as often as the sd (7) his hrs, &c. shall think fit and to stand possessed of and interested in such stocks, &c. upon the trusts following that is to say That the sd (7') his, &c. shall during the life of the sd (grantor) pay and satisfy unto the sd (grantee) his exs, &c. the sd annty or vrly, &c. of, &c. expssed to be hby granted at the days and times and in manner hinbefe appted for paymt thof.'

Indemnity to trustees.

Receipts of trustees to be good discharges.

the law as the same would have been if the sd (grantor) Grant of, his exs, &c. had actually joined in and exted the same secured on Provided always and it is hby furr decld and agrd by Freeholds. and betn the pties hto That the sd (T) his exs ads or ass or any of them shall not be answe for any loss which may happen to the sd preses in the exon of the trusts hinbefe expssd unless the same shall happen through his or their own wilful deft And that the rect or rects of him the sd (T) his exs, &c. for any mos paye to him or them by virtue of these prests shall be a sufficient discharge or discharges unto the psn or psns paying the same and that the psn or psns making such paymts shall not be bd or liable to see to the applicon of such mos or be answe or accountable for the loss misapplication or non-application thof Provided Cessor of always and it is hereby furr decld and agd That after the term. dece of the sd (grantor) when the trusts hinbefe decld concerning the sd term of 99 yrs shall in all things be fully satisfied and performed or shall have become unnecessary or incapable of being performed Then and thenceforth the sd term or so much thof as shall not be disposed of under the trusts afd shall cease determine and be absolutely void And the sd (grantor) for himself his hrs exs ads and ass doth hby covt promise and agree with and to the sd (grantee) his exs, &c. in manner following that is to say That he the sd (grantor) now at the time of the sealing and delvy of these prests hath in himself full power and absolute authority to charge all and singular the sd messes or tents lds and heredts hby chagd and made chagbe with the paymt of the sd annty or yrly sum of £ and also to demise the same with the apts unto the sd (T) Upon the trusts and to and for the intents and purps afd And also that the sd preses now are and shall remain and be sufficient for and liable to such distress and entry as afd And shall be holden and enjoyed as a secty for the sd annty without any hinderance interruption claim and demand whatsr from or by him the sd (grantor) his exs ads or ass according to the true intent and meaning of these prests And that free and clear and freely and Free from clearly acquitted exonerated and discharged by him the incumsd (grantor) his exs and ads of from and against all and brances. all manner of former estes rights chas and incumbs whatsr And furr that he the sd (grantor) his hrs exs and ads and evy or. psn having or lfully or equitably claiming or who shall or may have or claim any estes right titles trusts and int whatsr either at law or in equity in to or out of the sd heredts and preses hby granted and demised and any pt thof shall and will from time to time

Covenant

that grantor has power to charge the premises with payment of the annuity. That they are sufficient for distresses, and shall be held as a

security.

Grant of, and at all times hraftr during the continuance of this secured on secty upon evy reasonble request of the sd (grantee) his Frecholds. exs, &c. but until such sale or mtge shall be made at

And for further assurance,

That grant

or will appear at in

surance

office,

And not leave the kingdom without giving notice.

the costs and chas of the sd (grantor) his hrs exs or ads and after such sale or mtge then at the costs and chas of the psn or psns to whom the sd preses shall be conveyed make do and exte all such furr and or. Iful and reasone acts deeds matters and things whatsr for the more effectually granting demising and assuring the same preses unto the sd (T) his exs, &c. for and during the then remainder of the sd term of 99 yrs Upon the trusts hinbefe decld as by the sd (grantee) his exs, &c. or his counsel in the law shall be lfully and reasonably advised or devised and required And moreover that the sd (grantor) shall and will from time to time during the continuance of the sd annty at the request of the sd (grantee) his exs, &c. appear in person at any office or offices for life insurances within the cities of London and Westminster or send such notice in writing of his place of abode togr with a certificate or certificates of the state of his health for the purpe of enabling the sd (grantee) his exs, &c. to insure or keep insured any sum or sums of money upon the life of him the sd (grantor) And furr that he the sd (grantor) shall not nor will at any time hraftr during his life depart from or leave the kingdom or go or travel upon the seas or reside in foreign parts witht giving evy time sufficient notice in writg to the sd (grantee) his exs, &c. of his intention so to do in order to enable him the sd (grantee) his exs, &c. to make known the same if necessary at the sd office so that the additional premium or premiums if any to be hby incurred for the purpe of keeping on foot the sd policy of insurance on the life of the sd (grantor) may be pd And also that he the sd (grantor) shall not nor will do any act or thing whatsr whereby or by means whereof any policy or policies for effecting such insurance as afd shail become void or voidable or orwise Warrant of prejudiced or impeached Provided always and it is hby attorney in- declared and agrd by and betn the pties hereto That the tended only sd warrant of attorney and the judgmt to be entered up by virtue thof are intended only as a collateral secty for the paymt of the sd annty or yrly, &c. on or at the several days and in the manner hinbefe apptd for paymt thof as afd And that no exon or exons shall be issued or taken out upon the sd judgmt unless and until some payment of the sd annty shall be in arrear for the space of 21 days next after some or one of the sd days hinbefe appted for paymt thof as afd Provided nevertheless that when and so often as the sd annty shall be

as collateral security.

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revive

judgment.

so in arrears then and in such case it shall be lful for Grant of, the sd (grantee) his exs, &c. to sue out such exon for secured on recovering all or any pt of the sd annty and all costs and Freeholds. chas which the sd (grantee) his exs, &c. shall bear pay sustain or be put unto by reason of the nonpaymt of the same And that it shall not be necessy for the sd (grantee) his exs, &c. to revive the sd judgmt nor to do Grantee not any act to keep the same on foot notwithstg it shall obliged to not have been entered on record for the space of one yr or upwards and notwithstg any rule or practice of the sd court in which the said judgmt shall have been entered up And that the sd (grantor) his exs or ads shall not nor will attempt by any ways or means to take advantage of such want of revival of the sd judgmt And lastly it is hby decld and agrd by and beta the Power to pties to these prests and particularly the sd (grantee) repurchase. for himself his hrs exs and ads doth hby covt promise and agree with and to the sd (grantor) his hrs exs ads and ass That in case the sd (grantor) his hrs, &c. at any time after the expiration of yrs from the date hereof be desirous of (a) purchasing the sd annuity or yrly rent charge or sum of £- and of such his or their desire shall give unto the sd (grantee) his exs ads or ass six calr mths notice in writing under his hand or in lieu of such notice shall pay one half yrs paymt of the same annty Then and in such case from and immly after the expiration of such notice or upon such paymt in lieu thof and upon payment by him the sd (grantor) his exs, &c. of the sum of £ for the re-purchase of the same annty togr with all arrears and or. sums which shall be then due for or in respect of the same he the sd (grantee) his exs, &c. shall and will at the request costs, &c. of the sd (grantor) his exs, &c. assign rele and surrdr or orwise dispose of the sd annty or yrly, &c. and all the then subsisting secties for the same and also all and singular the heredts and preses hby made chagbe with the paymt thof for the residue then remaining and unexpired of the sd term of 99 years or so much thof as shall not have been disposed of under or by virtue of the trusts hinbefe expssd And shall deliver up these prests and the afd warrant of atty to the sd (grantor) his exs or ads to be cancelled and acknge or cause satisfaction to be ackngd on record of the sd judgment (if any) And also at the like request costs and chas of the sd (grantor) his exs, &c. assign unto the sd (grantor) his exs, &c. the bent of any policy of insurance which may have been effected by the sd (grantor) his exs, &c. and which

(a) As to the necessity of this clause, see Pref. § 9.

That grantee will assign annuity, &c

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