$ With Building Loan. .-1. When the first tier of beams are on each and every house -2. When the second tier of beams are on each and every house dollars [and so on with each stage at which an advance is to be made]. -9. When each and every house shall be completely finished (including the walks in front and rear yards), ready for oc cupation, the remaining sum of dollars. And it is further agreed, that the said houses shall be so erected and finished under the direction and supervision of O. P., who is hereby appointed superintendent for that purpose, and whose certificate in writing, certifying that the work has been done to his satisfaction, and that the payment demanded is due, shall first be obtained to entitle the said party of the second part, to the several amounts agreed to be loaned as aforesaid. The expenses of the said shall be borne by the party of the first part. And it is further agreed, that if, at any time, when an advance, on account of such loans, is demanded, there shall be any unsatisfied mechanic's lien or liens affecting the title of said premises, or any part thereof, the amount agreed to be loaned shall not be advanced until such lien or liens are satisfied or discharged of record. houses, walks and And it is further agreed, that when the said yards shall be completely finished, ready for occupation as aforesaid, and when the certificate of the said O. P. shall be produced to that effect, and when all taxes, assessments and Croton water rents, assessed or imposed upon said premises, or any part thereof, after the date of this agreement, shall be paid; and when all liens affecting said premises, or any part thereof, incurred by the said party of the second part, shall be discharged of record, then the said party of the first part shall, on the execution and delivery of the bonds and mortgages hereinafter mentioned, convey the said premises to the said party of the second part, by warranty deed, with the usual full covenants, in which deed his wife shall join, and by which the said premises shall be conveyed free from all encumbrances; that to entitle the said party of the second part to such deed, he shall, at the time of the delivering thereof, execute and deliver to the said party of the first part, bonds and mortgages, each of which bonds shall be conditioned for the payment of the sum of dollars, and secured by a mortgage of or upon one of the said lots, with the house then erected thereon. All of said bonds and mortgages shall bear date on the day of the delivery of said deed of conveyance, and the money secured thereby shall become due and payable in three years from the date thereof, with interest at seven per cent. per annum, to be computed from such date, and to be paid semiannually, and shall contain the usual interest condition of thirty days. All of said mortgages shall be executed by the said party of the second part and his wife, and shall contain usual insurance covenants that the premises shall be kept insured in an amount to be approved by, and the policies to be assigned to, the party of the first part. And it is further agreed, that interest at the rate of seven per cent. per Building Loan. annum shall be paid by the party of the second part to the said party of the first part on the amount of the purchase-money above mentioned, from the date of this agreement, and on the amounts agreed to be loaned from the date of their respective advances to the date of said bonds and mortgages, or such interest may be retained by said party of the first part out of and from the last amount so agreed to be loaned. And said party of the second part shall bear and pay all taxes, assessments and Croton water rents that may be assessed or imposed upon said premises after the date of this agreement, as also the costs and charges of R. S., counsellor-at-law, for drawing this agreement and the bonds and mortgages aforesaid. And it is hereby made optional with the said party of the first part to have the amount of the purchase-money and loans secured by more than bonds and mort gages, provided the same do not exceed two mortgages on each of said houses and lots. And it shall also be optional with said party of the first part to mortgage said premises to the amount of said purchase-money and loans, or any part thereof, and then convey said premises subject to such mortgages, taking from the said party of the second part other bonds to make up the deficiency, if any, of the full amount of said purchase-money and loans, secured by mortgages of or upon said houses and lots, and containing the same terms and conditions as the bonds and mortgages first above mentioned. And it is further agreed, that when said houses shall be inclosed and roofs on, said party of the second part shall cause the same to be insured against loss or damage by fire, in an insurance company in the city of and shall assign the policies of insurance to said party of the first part as collateral security for said purchase-money and loans; that such insurance shall from time to time be increased as said houses progress in the course of erection until they shall be completely finished; and that at the time of the delivery of said deed policies of insurance shall be effected on each house and assigned to said party of the first part; and that whenever an insurance is to be made or effected as above provided, it shall be in an insurance company, and to an amount to be designated and approved by said party of the first part; and in case said party of the second part shall fail to effect such insurance or assign such policy or policies, then the said party of the first part shall effect the same, charge the expense thereof to the said party of the second part, and deduct the same from the next advance or instalment of said loan that shall thereafter become due. And it is further agreed, that the said party of the second part shall not sell, assign or dispose of this agreement, or his interest therein, without the written consent of said party of the first part first had and obtained; and that said party of the first part shall not be required to make said loan, or any part thereof, or said deed to, or accept the bonds and mortgages of any other party or parties, unless he shall elect so to do. And it is further agreed, that said party of the second part shall forthwith commence the erection of said houses, shall proceed with the same without unnecessary delay, and shall furnish all materials, and completely erect and finish the same, with the walks and yards thereof, on or before the day of 18; and in case the said party of the second part shall fail to Sale of Real Property. erect and completely finish the said houses, with the walks and yards thereof, on or by the day of 18 or in case the work of erecting said houses shall, in the opinion of said O. P., be unreasonably delayed, or in case the said party of the second part shall sell or assign his interest in or under this agreement without the written consent aforesaid, that then, and in either of such events, the said party of the first part shall have the right, and he is hereby expressly authorized and empowered to sell the whole of said premises, together with the unfinished buildings thereon, at public auction, to the highest bidder, on giving to said party of the second part fifteen days' notice thereof, and on advertising the same for fifteen days in one of the public newspapers printed in the city of and that at such sale said party of the first part shall be allowed to bid; which sale shall be a perpetual bar against any claim to be made for any of the said buildings or erections, and any claims under this agreement by the said party of the second part, and all persons claiming under him; and he, the said party of the second part, shall forthwith quit and abandon said premises; and this agreement shall thenceforth cease and determine, except that in case the said sale shall produce an amount more than is sufficient to pay the contract price of said lots and loans which have then been made, and interest and expense of insurance, and costs of sale as aforesaid, the excess shall be paid to the said party of the said second part. And if such sale shall not produce sufficient to satisfy said contract price, loans, interest, expense of insurance and costs of sale, then the said party of the second part shall forthwith, and on demand, pay such deficiency to the said party of the first part. And it is further and finally agreed, that the stipulations and agreement aforesaid shall apply to and bind the heirs, executors and administrators of the respective parties thereto. IN WITNESS WHEREOF [etc., as in preceding form]. 577. Contract for Sale of Farm and Mill; Payment in Instalments. Articles of agreement made this day of in the county of containing about 18 between A. B., and State of of the of the town of second part agrees to pay as follows-viz.: lars on the day of whereon he now lives, for next, and giving a dollars, in ments, with annual interest on the same; at which time the said party Special Clauses in Contracts for Sale of Lands. of the first part is to make and execute to the said party of the second part a good and sufficient warranty-deed for the premises hereby sold, upon the delivery of which the said party of the second part is to secure the remainder-to wit: dollars by a bond and mortgage for the equal annual instalments, with day payment of said remaining sum, in interest semi-annually upon the same, interest to commence on the of next, at which time the said party of the second part is to have full possession of all the premises. And it is agreed by the said parties, that this agreement is to bind themselves, their heirs, executors and administrators, jointly and severally, firmly by these presents. IN WITNESS WHEREOF [etc., as in preceding form1. 578. Stipulation as to Terms of Purchase-money Mortgage. With the privilege to the party of the second part, at any time before the expiration of said ten years, to pay off said mortgage in whole or in sums of thousand or more dollars at a time, on giving months' notice to the party of the first part of intention so to do, and the bond and mortgage to contain a clause to that effect. 579. Stipulation as to Time of Taking Possession and Income. It is further agreed between the said parties, that the said Y. Z. shall be let into possession of the premises on the day of next; but that all arrears of rent and other profits, arising from the said premises, which shall be due and payable on or before that day, shall belong to the said A. B., his heirs or assigns, and that he and they shall have full liberty to collect and receive the same. 580. Stipulation as to Possession, Taxes, etc. day of It is further agreed that the party of the first part is to have and retain possession of the premises until the next, when the same shall be delivered up to the party of the second part, upon his compliance with the agreements hereinabove contained; that the said party of the second part shall pay all taxes and assessments, becoming chargeable to, and upon the said premises, after the delivery of the possession thereof to him as aforesaid; and that, if default be made in fulfilling this agreement, or any part thereof, on the part and behalf of the said party of the second part, then, and in such case, the said party of the first part shall be at liberty to consider this contract as forfeited and annulled; and if the said party of the second part shall be in the possession of the said premises, at the time of making such default, the party of the first part shall have full and ample right to proceed against the said party of the second part, and remove him therefrom, in the manner now provided by law for the removal of persons forcibly entering into the possession of, and detaining, any lands or other possessions. Purchase of Land. Building. 581. Provision that Existing Insurance Shall Inure to the Benefit of the Purchaser. And, in case the house on said premises should be injured by fire before the said day of the said A. B. shall hold the said insurance in trust for, and will then transfer the same to the said Y. Z. with the deed of the premises. 582. Contract Between Several Persons to Unite in a Purchase, Each to Bear a Proportion of the Purchase-money and Charges. WHEREAS We, A.B., of and E. F., of situate in, blacksmith, are desirous to purchase the parcel of land now in the occupation of M. N. Now we severally agree with each other, that if any one or more of us shall purchase the same [or any part thereof], each of the others of us will pay his respective proportion of such purchase-money, and that all charges and expenses relating thereto shall be borne by us in equal proportions, and that any such purchase shall be for the joint and equal benefit of us all; provided, however, that the purchase-money for the said parcel of land do not exceed dollars [or in that proportion for a part]. IN WITNESS [etc., as in Form 557]. 583. Agreement for a Lease. day of 18 and Y. Z., of said city, THIS MEMORANDUM of an agreement, made this between A. B., of the city of New York, merchant, merchant, witnesseth that the said A. B. agrees, by indenture, to be executed on or before the day of next, to demise and let to the said Y. Z., a certain house and lot in said city, now or late in the occupation of M. N., known as No. in Street, to hold to the said Y. Z., his executors, administrators and assigns, from the years, at or under the clear yearly dollars, payable quarterly; in which lease there shall be contained covenants on the part of the said Y. Z., his executors, administrators and assigns, to pay the rent [except that in case the premises are destroyed by fire, the rent is to cease until they are rebuilt by the said A. B.], and to pay all taxes and assessments [except the ground-rent]; to repair the premises [except damages by fire]; not to carry on any offensive or other business on the premises, without 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, as aforesaid]; with all other usual and reasonable covenants, and a proviso for the re-entry of the said A. B., his heirs and assigns, in case of the non-payment of the rent for the space of fifteen days after either of the said rent-days, or the non-performance of any of the covenants. And there shall also be contained covenants on the part of the said A. B., his heirs and assigns, for quiet enjoyment; to renew said lease at the expiration of said term, for a further period of years, at the same |