Vendor and a Term. PURCHASES. and clear, and clearly and absolutely discharged and exonerated, or otherwise by and at the exMortgagee for pense of the said (vendor) his heirs, executors, or administrators, effectually protected, and indemnified from and against all former and other [feoffments, gifts, grants, bargains and sales, releases, settlements,] mortgages, demises, leases, contracts, devises, wills, conveyances, and assurances, descents, uses, trusts, limitations, entails, conditions, estate, right and title of or to dower, remainders, reversions in the crown or elsewhere, judgments, decrees, recognizances, statutes, extents, executions, sequestrations, elegits, debts of record, debts due to the king or any of his predecessors, legacies, portions, annuities, rents of all kinds, forfeitures, rights of entry, and cause and causes thereof, fines, amerciaments, and all and singular other estates, rights, titles, interests, charges, liens, and incumbrances whatsoever, which at any time or times heretofore have been, or at any time hereafter shall or may be made, executed, created, occasioned, or knowingly suffered by the said (vendor) or his heirs or any person or persons, claiming, or entitled to claim any estate, right, title, or interest, either at law or in equity, from, through, under, or in trust for him or them, or by or through his or their acts, means, defaults, consent, or privity.) AND moreover, that he the said (vendor) and his heirs, and all and every person or persons now or at any time hereafter rightfully claiming or possessing Covenant for further as surance. Vendor and a Term. any estate, right, title, charge, or interest, at law PURCHASES. or in equity, in, to, out of, upon, or relating to the hereditaments and premises hereby granted Mortgagee for and released, or otherwise assured, or intended so to be, or any part thereof, from, through, under, or in trust for him, them, or any or either of them, by or through his or their acts, means, or defaults, shall and will from time to time, and at all times hereafter, upon the request, and at the cost and expense 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 despatch, 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 recoveries, deed or deeds, enrolled or otherwise, release, confirmation, limitation, or declaration, 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 and absolutely or satisfactorily granting, releasing, conveying, confirming, and assuring the said messuages, lands, tenements, hereditaments and premises, and every or any part or parcel thereof, and the possession, reversion, and inheritance of the same, with their and every of their respective rights, members, privileges, appendants, and appurtenances, unto and to and for the use, behoof, and benefit of the said Vendor and a Term. PURCHASES. (purchaser) his heirs and assigns (1), in the manner aforesaid or otherwise, as he or they, Mortgagee for or his or their counsel in the law, (being of the degree of a barrister) shall advise and require, and prepare and tender, (if the nature thereof permit) for his or their signature and execution; ; [so that such further assurance or assurances, or any of them, do not contain or imply any further or other warranty or covenant, than against or on the part of the person or persons who shall be required to make or execute the same, his, her, or their devisors, ancestors, heirs, executors, and administrators, and his, her, or their own respective acts, deeds, omissions, or defaults, and so that the person or persons, who shall be required to make or execute any such assurance or assurances, be not obliged to go from his, her, or their then place or respective places of abode, for the making or executing the same, without a reasonable and suf, ficient sum being previously paid, tendered, or secured to him, her, or them, for or in respect of his, her, or their time, trouble, and expenses, (2). IN WITNESS, &c. Term to attend, Production of deeds. (1) If the term be assigned to attend, add, "And for the further, better, and more perfectly or satisfactorily assigning the said term of years therein, unto the said (trustee) his exccutors, administrators, and assigns, upon and for the trusts, intents, and purposes aforesaid." (2) 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 PURCHASES. when required by particular circumstances attending the title, or by agreement of parties, see variations, Vol. I. No. XVI. p. 188, et seq. If the purchaser desire the mortgage to continue a charge, see post, p. 168, rider (A). Vendor and Mortgagee for a Term. Provisoes, &c. Mortgage to continue a charge. As to the stamp to be impressed, see Vol. I. INTRODUC- Stamp. TION, p. xcvi. also 4 Elem. Conv. 2d edit. p. 86. As to the execution, attestation, receipt for consideration Exccution, &c. 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. PURCHASES. Vendor and Mortgagee for a Term. (A) Variation where the Purchaser is desirous of having the Mortgage Money continued a Charge upon the Estate for the Benefit of his personal Representative (1). In the case here supposed add to the preceding precedent AND WHEREAS the said (purchaser) is desirous that the said sum of £ so lent on the security of the said hereditaments as aforesaid, should be kept on foot and continued as a subsisting charge thereupon for the benefit of his personal representative. Now THIS INDENTURE WITNESSETH, that in order to effectuate the said end and intent, and in consideration of the said sum of £ so paid to the said (mortgagee) by the said (purchaser) as hereinbefore is mentioned, and for and in consideration of the sum of 5s. to the said (mortgagee) in hand paid by the said (purchaser's trustee) the receipt whereof is hereby acknowledged, HE the said (mortgagee) at and by the request and direction of the said (vendor), and the nomination of the said (purchaser) testified, &c. HATH bargained, sold, assigned, transferred, and set over, and by these presents, doth, &c. unto the said (trustee), his executors, administrators, and assigns, ALL that and those the said messuages, &c. comprised in and expressed to be demised by the hereinbefore in part recited indenture of the day of and all the estate, &c. To HAVE AND TO HOLD the said hereditaments with the appurtenants, unto the said (trustee) his executors, administrators, and assigns, for all the residue of the said term of [subject (if the purchase be of the equity of redemption only years (1) Where the purpose is intended to be effected by a separate deed, which is a preferable mode, see INDEX, VOC. ASSIGN MENT. |