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said B. It is understood that the stipulations aforesaid are to bind the heirs and assigns of the parties. In case of failure, the parties bind themselves, each to the other in the sum of which they hereby fix and liquidate as the amount of damages to be paid by the failing party for his non-performance.

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In witness whereof the parties have hereunto set their hands the day and year aforesaid.

A. B.
C. D.

[An ordinary agreement is seldom any better, for seal, but if one is preferred, add after the word "hands" the words "and seals" and affix seals].

4. ANOTHER FORM FOR SALE OF REAL ESTATE.

[Every agreement for the sale of Real Estate must be in writing. If it be the intention of the parties that a simple warrantee deed or quitclaim only be given, it should be so stated in the agreement].

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Articles of Agreement made between A. B. of and C. D. of as follows:

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The said A. B., for the consideration hereafter mentioned, doth covenant and agree to convey to said C. D., in fee, all that lot of land, situate in , [give description, boundaries, &c.] by a warrantee deed in common form, with good title, [and a release of dower of the wife of said A. B.] (1). on or before the day of next.

In consideration whereof, the said C. D. doth agree to pay said A. B. the sum of Dollars in the manner following:

dollars in money on the delivery of the deed, and dollars in a negotiable note, payable to said A. B. in two years, with interest semi-annually, secured by a mortgage of said premises to be made by said C. D. to said A. B., as collateral security for the payment of said note.

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(1.) NOTE.-In a State in which a wife has dower only in the land which is owned by her husband at the time of his death, the clause in brackets will be omitted, as also of course where the seller has no wife.

[Must be acknowledged and recorded].

5. THIRD FORM FOR SALE OF REAL ESTATE. Agreement made this

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day of between A. B. of

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at.

, A. D. 18
, and C. D. of

FIRST. The said A. B. in consideration of the sum of dollars, to him paid by the said C. D. (the receipt of which is hereby acknowledged,) and in further consideration of the promises of the said C. D. hereinafter contained, hereby agrees with the said C. D., that he will on or before the

day of next, make and deliver to the said C. D., a good and sufficient deed, with the usual covenants of warranty, release of dower, &c., of all that tract of land in the town of in the county of and State of known as the &c., (or, bounded and described as follows:-) Said estate to be at the date and delivery of such deed free of all incumbrance.

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SECOND. In consideration whereof, the said C. D. hereby agrees with the said A. B., that he will on such deed being tendered to him by the said A. B. on or before the said day of next, pay the said A. B. the further sum of dollars, in addition to the payment already made, being the balance of the purchase money hereby agreed upon for the said tract of land.

To the performance of the agreements herein contained on the part of the said A. B. and C. D., each of them binds himself to the other and his assigns.

In witness whereof, we have hereunto set our hands the day and year first above written.

Executed and delivered in presence of

A. B.

C. D.

Payments, &c., will of course be easily varied according to the facts in each case, and covenants as to dower, and homestead release will be inserted or omitted, with reference to the local statute law.

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the said A. B. agrees to sell, and the said C. D. agrees to purchase, for the price of dollars, the house and lot known and distinguished as number in street, in the city of The possession of the property is to be de

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livered on the day of next, when per cent. of

the purchase money is to be paid in cash, and a bond or note and mortgage, on the premises, bearing per cent. interest, payable in years, (such interest payable on &c.) is to be executed for the balance of the purchase money; at which time also a deed of conveyance in fee simple, containing the usual full covenants and warranty, is to be delivered, executed by the said A. B. and wife, and the title made satisfactory to the said C. D.; it being understood that this agreement shall be binding upon the heirs and assigns of the respective parties; and also that the said premises are now insured for dollars, and in case the said house should be burnt before the said day of next, that the said A. B. shall hold the said insurance in trust for, and will then transfer the same to the said C. D., with the said deed.

In witness whereof, the parties have hereunto set their hands the day and year aforesaid.

A. B.

C. D.

Varying the description, the above agreements will answer for any species of property-as an agreement of purchase.

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said A. B. agrees by lease, to be executed on or before the next, to let to the said C. D. the house and

day of

in

street in said

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now in

lot known as number
the occupation of E. F., to hold to the said C. D. and his
assigns from the day of next, for and during the
term of years, at the yearly rent of dollars, payable
; in which lease shall be covenants on the part of the
lessee and his assigns, to pay rent, (except, in case the prem-
ises are destroyed by fire, the rent is to cease until they are
rebuilt), and to pay all taxes and assessments, to repair the
premises, (except damages by fire, or other casualty happen-
ing without fault of the lessee), not to carry on any business
on the premises, (except by the written permission of the
said A. B.); to deliver the same up at the end of the term in
good repair, (except damages by fire, or other casualties as
aforesaid), with all other usual and reasonable covenants, and
a proviso for the re-entry of the said A. B. or his assigns, in
case of the non-payment of the rent for the space of
days after either of said rent-days, or the non-performance
of any of the covenants; and there shall also be contained
therein covenants on the part of the said A. B. his heirs and
assigns, for quiet enjoyment, to renew said lease at the expi-
ration of said term for a further period of
years at the
same rent, on the said C. D. or his assigns paying the said
A. B., his executors, administrators or assigns, the sum of
dollars as a premium for such renewal, not less than
days before the expiration of such lease; and that in case of
an accidental fire at any time during the said terms, or
either of them, the said A. B. will forthwith put the prem-
ises in as good repair as before the fire, the rent in the mean

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time to cease. And the said C. D. hereby agrees to accept such lease on the terms aforesaid; and it is mutually agreed that the costs of making and recording said lease and a counterpart thereof, shall be borne by the said parties equally. Witness our hands the day and year first above written.

A. B.

C. D.

NOTE. It is seldom that parties will desire to make an "agreement for a lease" as the lease itself may with about as little trouble, be immediately drawn, to take effect when needed, and thus the making of one instrument is saved.

8. SAME, SHORTER FORM.

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A. B. of , agrees to let, and C. D. of on lease, for the term of years, to be computed from the date hereof, the premises situate in , at the yearly rent of dollars per annum, to be paid quarterly and to commence from the first day of next, without deduction on account of taxes; the lease to contain the same covenants as are in the lease from E. F. to the said A. B., and also that

all erections now on the premises are to be left.

In witness whereof, the parties have hereunto set their hands, this day of

, A. D. 18

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A. B.
C. D.

9.

BUILDER'S AGREEMENT TO BUILD ACCORDING TO PLANS.

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and C. D. of

It is agreed by and between A. B. of as follows, to wit: The said C. D. for the consideration hereinafter mentioned, agrees with the said A. B. that he will,

within the space of next after the date hereof, in good

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and workmanlike manner and according to the best of his skill, at well and substantially erect, build and finish, according to the plans and specifications hereunto annexed, of the dimensions following, viz.: with such materials as the said A. B. shall provide for the same: In consideration whereof, the said A. B. agrees with the said C.

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