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to time, as often as the same shall happen, it shall PURCHASES. be lawful for the said (vendor), his heirs and assigns, into and upon the said piece or parcel of ground, Fce-farm Rent. hereditaments, and premises, or any of them, or any part thereof, in the name of the whole to enter and distrain, and the distress and distresses there found to deal with according to law, until and to the end and intent that the said yearly rent and all arrears thereof, and all costs, charges, and expenses attending the recovery of the same, shall be fully satisfied and paid. PROVIDED ALSO, and these presents are upon this further condition, that if the said yearly rent of £ or any part thereof shall be behind and unpaid by the space of twenty-one days next after the same ought to be paid as aforesaid, and no sufficient distress or distresses for the purposes aforesaid then is, or are, or can be had or found in or upon the said premises, then and immediately or at any time thereafter, it shall be lawful for the said (vendor), his heirs, or assigns, to enter into and upon the said piece or parcel of ground, hereditaments, and premises, as of his and their former estate, and then and in that case the grant and release, or other assurance hereby made, and the covenants for quiet enjoyment and further assurance of the said premises, hereinafter contained, shall thenceforth cease and be utterly void to all intents and purposes whatsoever.
And the said (vendor) for Covenants by himself, his heirs, executors, and administrators, &c. doth hereby covenant, declare, grant, and agree with and to the said (purchaser), his heirs, and
vendor for title,
PURCHASES. assigns, in the manner following (that is to say)
that for and notwithstanding any act, deed, matter Fce-farm Rent. or thing whatsoever, made, done, executed, or
knowingly suffered, or omitted by him the said (vendor) to the contrary, he the said (vendor) at the time of the sealing and delivery of these presents, is seised of, or well entitled to, in his own right, and hath full and lawful and absolute power and title to grant, bargain, sell, release, and confirm, all and singular the hereditaments and
premises hereinbefore granted and released, or otherwise assured, or mentioned, or intended so to be, and the possession, reversion, and inheritance thereof, unto and to the use and behoof of the said (purchaser), his heirs, and assigns, in the manner aforesaid, and according to the true intent and meaning of these presents. And that he the said ( purchaser) his heirs and assigns, shall or lawfully may from time to time, and at all times hereafter, (he and they well and truly observing and performing all and every the covenants and agreements hereinbefore contained, which on his or their part are required to be observed and performed respectively), enter into and upon, and hold and enjoy all and singular the same hereditaments and premises, with their appurtenants, and receive and retain the rents and profits thereof, for his and their own use and benefit, without any manner of hindrance, disturbance, claim, or demand whatsoever, by or through the said (vendor), or his heirs, or any person or persons rightfully claiming from, under, or in trust for him or them; And that
free and clear, or by the said (vendor), his heirs, PURCHASES. executors, or administrators, effectually protected and defended, from and against all former and Fee-farm Rent. other grants, bargains and sales, releases, conveyances and assurances, and all other estates, charges, liens, and incumbrances whatsoever, by him the said (vendor), or any of his ancestors, or any person or persons claiming under him or them, made, executed, or knowingly occasioned or suffered. And moreover, that he the said (vendor), and his heirs, and all persons claiming under or in trust for him or them, shall and will from time to time, and at all times hereafter, until some breach, or non-performance, or non-observance shall be made, take place, or happen, of or in some or one of the covenants, stipulations, or agreements on the
part of the said (purchaser), his heirs or assigns, to be performed or observed, upon every reasonable request, and at the costs and expense of the said (purchaser), his heirs or assigns, make, do, execute and perfect all such further and other lawful and reasonable acts, deeds, conveyances, assurances, matters, and things whatsoever, for the better, and better or more satisfactorily conveying and assuring the same hereditaments and premises or any part thereof, with their rights, members, and appurtenants, unto, or to and for the use of the said (purchaser), his heirs or assigns, in such manner and form as he or they, or his or their counsel in the law shall advise and require. IN WITNESS, &c.
Mortgagee, of his legul Title.
Conveyance of Freeholds lo a Purchaser from a
Mortgagee in Fee, after Forfeiture, subject to the Mortgagor's Equity of Redemption.
THIS INDENTURE made the
(1) in the year of the reign, &c. and in the year of our Lord
BETWEEN (the vendor, being the mortgagee) of, &c. of the one part, and (the purchaser) of, &c.
of the other part. WHEREAS by indentures of lease and release, bear. ing date respectively the and which was in the year
the release being made or expressed to be made between the (mortgagor) of, ốc. of the one part, and the said (vendor) of the other part, the said (mortgagor) in consideration of the sum of £ then advanced to him by the said (vendor) by way of loan, and at interest after the rate therein mentioned, conveyed and assured unto and to the use of the said (vendor) his heirs and assigns, ALL, &c. subject nevertheless
(1) For a precedent of assignment of a mortgage debt to a purchaser, and of premises mortgaged by demise or assignment, see post, Vol. III.
to a proviso in the said indenture of release con- PURCHASES. tained, that if the said (mortgagor) his heirs, exe
Mortgagee, of cutors, or administrators should pay or cause to be his legal Title. paid unto the said (vendor) his executors, administrators, or assigns the said sum of £ with interest for the same, after the rate of £5 per cent. per annum, on the
next ensuing the date thereof, then the said indenture should cease and be void. AND WHEREAS the said principal sum of £
was not paid at the time in the said in part recited indenture appointed for that purpose, nor hath the same since been paid, wherefore the estate and interest of the said (mort. gagee) therein became and still is absolute at law. AND WHEREAS the further sum of £ also due to the said (mortgagee) for years arrears of interest upon the said sum, making together the sum of £ and no tender of the same or any part thereof, or any claim to the redemption of the said premises, has ever yet been made by the said (mortgagor) or any person on his behalf to the knowledge or belief of the said (vendor), as he the said (vendor) doth hereby express, assert, and declare. AND WHEREAS the said (vendor) hath been for the space of years and upwards in the possession and actual enjoy. ment of the said mortgaged premises under or by virtue of a judgment in ejectment obtained against the said (mortgagor) as of term in the year of his present majesty, for or concerning the same, but no decree of foreclosure or other bar to any the equity of redemption which the said