COVENANTS. Production of deeds. Vendor to be exonerated on future sale. writings and evidences respectively, or of any or either of them, or any part or parts of the same respectively, and permit the same to be compared and examined with the said deeds or writings, [and also that he the said (vendor) shall and will in the mean time, and so long as the said deeds and evidences shall be in his custody or power, use and take, and cause to be used and taken, all due and proper care to preserve and keep the same deeds, writings, and evidences, from being lost, destroyed, torn, damaged, cancelled, or otherwise defaced or injured.] PROVIDED ALWAYS, and it is hereby further agreed and declared between and by the said parties to these presents, that if the said (vendor), his heirs or assigns (1), shall at any time hereafter sell and dispose of other parts of the said estates to which the said deeds and evidences relate as aforesaid, to whom the same shall be delivered, and shall and do procure the purchaser or purchasers thereof to enter into a proper covenant with the said (purchaser), his heirs or assigns, for the production of the said deeds and evidences, to him and them, and writings and delivery of copies thereof in the manner aforesaid (2), then and in that case the covenants and agreements hereinbefore contained for that purpose, by or on the part of the said (vendor), shall from thenceforth cease and be void, and these presents shall at the request of the said (vendor), his heirs, executors or administrators, be delivered Trustees for sale. Mortgagee or annuitant. *(1) If the covenant be entered into by trustees for sale in consequence of the largest purchaser at a sale by auction (who ought to enter into the covenant) not having completed his purchase, instead of the words in the text say, "That if the said (trustees) shall at any time hereafter at their own costs and charges, or at the costs and charges of the said trustestate, procure the largest purchaser of the said estates to which the said evidence relates as aforesaid, or any other person or persons to whom the said deeds and evidences shall be delivered to enter into a like covenant," as above. *(2) If the covenant for production be with a mortgagee or annuitant, add, "And shall and will, upon payment of all principal and interest annuity or yearly sum of £ up to be cancelled, [any thing hereinbefore contained to the contrary thereof in anywise notwithstanding (1).] IN WITNESS, &c. COVENANTS. Production of deeds. THE SCHEDULE ABOVE REFERRED to (2). (1) If the deeds are supposed to be lost, and are to be delivered when found, add, (after appropriate recitals). "And further that he the said (vendor), his heirs, executors or administrators, shall and will from time to time, and at all times hereafter, indemnify and save harmless the said (purchaser), his heirs, [executors, administrators,] and assigns, and his and their real and personal estates and effects, and also the aforesaid premises, from and against all actions, suits, costs, charges, damages and expenses whatsoever, which shall or may at any time or times hereafter be brought or commenced against him or them by any person or persons who shall claim the said premises or any part thereof, by, from, or under all or any of the said title deeds, so lost or destroyed as aforesaid, or which the said (purchaser), his heirs, executors, administrators or assigns, shall or may pay, expend, sustain or be put unto by reason or in respect thereof. (2) Insert in this schedule all such deeds and evidences, including of ficial extracts from wills, pedigrees of descent, certificates of burials, &c. as are at all necessary to substantiate a marketable title to the lands conveyed. For the form of which, see ante, MOD. PREC. Vol. V. p. 60, (3d Ed.) Deeds, &c. to be inserted in schedule. COVENANTS. Production of lease. No. CCCXIX. A Deed of Covenant for the Production of the original Lease by a THIS INDENTURE made the day of [*in the BE year of the reign, &c. and in the year of our Lord 18 TWEEN (the lessee) of, &c. of the one part, and (the purchaser) of, Recital of lease. &c. of the other part. WHEREAS by an indenture of demise or lease Contract for purchase. bearing date the day of which was in the year and made or expressed to be made between (the lessor) therein described years to be thence next ensuing, at the yearly rent of £ Brevity. (1) See notes and variations, ante, No. CCCXVIII. p. 402. *If it be the wish of the parties that the deed should be prepared with as much conciseness as possible, the parts within brackets may be omitted throughout the precedent. COVENANTS. Production of lease. WITNESS. The lessee cove the lease. AND WHEREAS upon the treaty for the said purchase it was agreed that the said (lessee) should enter into such covenant for the production of the said in part recited lease as hereinafter is contained. NOW THIS INDENTURE WITNESSETH, that in pursuance of the aforesaid agreement and in consideration of the premises, the said (lessee) nants to produce for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree with and to the said (purchaser), his executors, administrators and assigns, in manner following, (that is to say,) that he the said (lessee), his executors, administrators, or assigns, shall and will from time to time and at all times hereafter, unless prevented by fire or other inevitable accident, upon every reasonable request in writing made to him or them for that purpose, and at the proper cost and expense of the said (purchaser), his executors, administrators, or assigns, produce and show forth, [or cause and procure to be produced and shown forth,] unto the said (purchaser), his executors, administrators, or assigns, or his, their, or any, of their counsel in the law, or agent, or attorney, [or at any trial, hearing, commission, or examination, in or directed by any court or courts of law or equity in any part of the United Kingdom of Great Britain and Ireland, and to any arbitrators or umpire lawfully authorised, and upon every other fit and reasonable occasion,] the said hereinbefore in part recited indenture of lease [for the maintenance, manifestation, defending, or support of the estate, interest, right, title, property, or possession of him the said (purchaser), his executors, administrators, or assigns, in or to the said messuages or tenements, and premises so assigned to him by the said in part recited indenture of even date herewith, or in or to any part thereof]. AND also that he the said (lessee), his executors, administrators, or assigns, shall and will from time to time and at all times hereafter, at the like request, costs, and charges of the said (purchaser), his executors, administrators, or assigns, make and deliver, [or cause to be made and delivered to him the said (purchaser), his executors, administrators, or assigns,] such true and attested and other copies of the same indenture, or of any parts thereof, or of any covenants, clauses or agreements therein contained, as he or they may require; and in the meantime shall and will use all proper care and means to keep the said indenture of lease safe, whole, uncancelled, and undefaced, loss or damage by fire or other inevitable accident only excepted (1). PROVIDED ALWAYS, and it is hereby declared exonerated on (1) Here may be inserted a proviso for the re-delivery of the lease when used, the form of which will be similar to that given post. p. 415. SUP.-VOL. II. EE And deliver attested copies. Lessee to be future sale. COVENANTS. lease: and agreed by and between the said parties to these presents, that if Production of the said (lessee), his executors, administrators, or assigns, shall at any time hereafter sell or dispose of the other of the said messuages and dwelling-houses comprised in the said indenture of lease, and deliver over the said indenture of lease to the purchaser thereof, and shall and do procure such purchaser to enter into a like covenant to that herein contained with the said (purchaser) for the production of the said in part recited indenture of lease, and for the delivery of copies thereof to him and them; then and in that case the covenants and agreements herein contained for that purpose, shall from thenceforth cease and be void, and these presents shall, at the request in writing of the said (lessee), his executors or administrators, be delivered up to him or them to be cancelled, anything herein contained to the contrary thereof in anywise notwithstanding. NESS, &c. IN WIT Stamp. Common deed Stamp, see post. Vol. III. "STAMP." |