Vendor and Fee. them, or any or either of them, or by or through PURCHASES. his, their, or any or either of their acts, means, or defaults. AND moreover, that he the said Mortgagee in (vendor) and his heirs, and all and every person and persons, now or at any time hereafter, rightfully claiming or possessing any estate, right, title, or interest, at law or in equity, in, to, out of, or relating to the hereditaments and premises hereby granted and released, or otherwise assured, or intended so to be, or any part thereof, from, through, under, or in trust for him, or by or through his acts, means, or defaults (1), shall and will from time to time, and at all times hereafter, upon the request, and at the expense and costs of the said (purchaser) his heirs or assigns, make, do, acknowledge, levy, suffer, execute, and perfect, [or cause and procure to be made, done, acknowledged, levied, suffered, executed, and perfected,] with all proper expedition, all and every such further and other lawful and reasonable acts, deeds, conveyances, assurances, matters and things whatsoever, [whether by feoffment, fine or fines, with or without proclamations, common recovery or common recoveries, deed or deeds enrolled or otherwise, feoffment, release, confirmation, limitation or declaration, or limitation of or to any use or uses, or other assurance or assurances, of record or not of record,] for the further, better, and more effectually, fully, and absolutely, or satisfactorily granting, releasing, conveying, confirming, and (1) See ante, p. 135, n. (1); 136, n. (1). PURCHASES. assuring the said messuages, lands, tenements, hereditaments and premises, and every or any part Vendor and Fee. Mortgagee in thereof, and the possession, reversion, and inheritance of the same, unto, and to and for the use and behoof of the said (purchaser) his heirs and assigns, in such manner and form as he or they, or his or their counsel in the law, (being of the degree of a barrister) shall advise and require (1). IN WITNESS, &c. Full form. Leases. Outstanding term. Rent charge. Production of deeds. Provisoes, &c. (1) If there be no wish that the deed should be in a form particularly concise, see and add as ante, No. XXXI. p. 29. marg. *. Here may be added, if thought requisite, a covenant by the purchaser that he will confirm leases made by the mortgagor since the mortgage, and without the concurrence of the mortgagee, which see post, rider (A). p. 141. If there be an outstanding term, which is to be assigned or surrendered, see ante, No. XXXI. p. 24, n. (1). If the premises are subject to a rent-charge or the like, see Vol. I. p. 212. 427. If any of the title deeds are retained by the vendor or his predecessors in title, add a covenant for their production or otherwise as directed, Vol. I. No. XVI. p. 183. in notes, and p. 196. For various covenants, provisoes, clauses, &c. to be inserted when required by particular circumstances attending the title, or by agreement of parties, see variations, Vol. I. No. XVI. p. 188, et seq. Stamp. Execution, &c. **As to the stamp to be impressed, see Vol. I. INTRODUCTION, p, xcvi. also 4 Elem. Conv. 2d edit. p. 86. As to the execution, attestation, receipt for consideration money, &c. &c. see Vol. I. No. XV. p. 158. n. (82); No. XVI. p. 184. n. 28. et seq.; and see also INTRODUCTION, Vol. I. p. xliv. and lxxxiv. et seq. also 4 Elem. Conv. 2d edit. p. 88. et seq. (A) Variation to the preceding Precedent (or to that of the Conveyance of an Equity of Redemption to the Mortgagee, see ante, Vol. I. No. XXV. where the Premises have been leased by the Mortgagor since the Mortgage, and without the concurrence of the Mortgagee. In order to prevent, in the case above supposed, any apprehension on the part of the purchaser, that he may be led into a confirmation of leases concealed from him, recite all subsisting leases granted subsequently to the mortgage, and the covenants contained in them respectively on the part of the lessor, for quiet enjoyment by the lessees on payment of rent and performance of covenants; then proceed, "AND WHEREAS it has been agreed between the said (purchaser) and (vendor), that the said (purchaser) shall allow and confirm, or otherwise validate the leases so granted of the said premises as aforesaid. Now in pursuance of the said agreement the said (purchaser), for himself, his heirs, executors, administrators, and assigns, doth hereby covenant and declare, to and with the said (vendor), his heirs, executors, and administrators, that he the said (purchaser), his heirs and assigns, shall and will at any time or times, at the request and costs of the said (lessee) (or lessees respectively, as the case may be), his (or their respective) executors, administrators, or assigns, allow, ratify, confirm, or otherwise make good, valid, and effective, the indenture of lease, (or all and every the indentures of lease), so hereinbefore recited, or otherwise set forth or mentioned as aforesaid, [and all and every other indenture or indentures of or contract or contracts for any demise or lease, or demises or leases, if any, of which he the said (purchaser) hath or had information or notice, before or at the time of his accepting of or assenting to these presents], and shall and will in the mean time, and until such ratifying, confirming, or making good and valid the same, he the said (lessee), his executors, administrators, and assigns, (or they the said several lessees, PURCHASES. Vendor and Mortgagee in Vendor and Fee. PURCHASES. and their, respective executors, administrators and assigns], paying the [or their respective] yearly rent [or rents] and Mortgagee in performing the several covenants and agreements on their part or respective parts to be performed, permit and suffer him and them, peaceably and quietly to have, hold, occupy, and enjoy, all and singular the premises therein comprised, for and during all the residue now to come and unexpired of the term or period thereby expressed or intended to be granted thereof, without any ejectment, hindrance, or disturbance of or by him the said (purchaser), his heirs or assigns, or any person or persons who shall or may be entitled thereto, or to any estate or interest therein, from, under, or in trust for him or them, and also shall and will thereby or otherwise save harmless, and keep indemnified the said (vendor), his heirs, executors, and administrators from and against the proviso or covenant in the said indenture of lease [or indentures of lease respectively] contained on his or their part or behalf, for such peaceable and quiet enjoyment and tenure of the said premises as aforesaid." (B). Variation where the Mortgagee is an Infant. If the legal estate be vested in an infant mortgagee, or otherwise under a dry or unbeneficial trust, or upon trusts which have been performed, satisfied, or determined, he will on application to the Court of Chancery, under the stat. 7 Ann. c. 19. be directed to convey to the mortgagor, or other person entitled to call for a conveyance. In which case, after making the infant a party, by the description of " an infant under the age of twentyone years, (that is to say) of the age of years or there abouts, and being the eldest son and heir-at-law of in the county of deceased, of the first late of AND WHEREAS by an order of the High Court of Chancery made on the day of last, upon the petition of the said (vendor) it was referred to ( ), one of the day of last make his report, and did thereby certify who afterwards duly proved the same, but that the said PURCHASES. Vendor and Mortgagee in Fee. |