SURRENDER. Lease. Covenant for further assur ance. with their and every of their rights, members and appurtenances, unto him the said (lessor), his heirs [or executors and administrators (1)] and assigns, for all the residue or remainder now to come and unexpired by effluxion of time, of or in the same messuages, &c. and premises, to and for the end, intent, and purpose that all and singular the same messuages, &c. and premises and estate and interest, shall or may henceforth become and be merged and extinguished in, or consolidated with the freehold reversion and inheritance thereof; AND &c. [add covenant by lessee, that he has not incumbered (2)]; AND the said (lessee) for himself, his heirs, executors and administrators, doth hereby covenant, promise and agree with and to the said (lessor), his heirs [or, &c.] and assigns, that he the said (lessee), his executors and administrators, shall and will from time to time, and at all times hereafter, at the request and costs and charges in the law of the said (lessor), his heirs [or, &c.] or assigns, make, do, and execute all such further and other lawful and reasonable assignments, surrenders and assurances whatsoever, for the further and better or more satisfactorily surrendering the aforesaid messuages, &c. and premises, and the estate and interest of him the said (lessee) therein, unto the said (lessor), his heirs [or, &c.] or assigns, for all the then residue of the term demised, by the within written indenture, as he the said (lessor), his heirs [or, &c.] or assigns, or his or their counsel in the law, being of the degree of a barrister, shall advise and require. IN WITNESS, &c. (1) See ante, p. 770. n. 2. Stamp. See ante, "STAMP", Schedule. No. CCCCLXXVIII. *A Surrender of a Mortgage Term by a Mortgagee on the Mort- Variations where it is an annuity Term, on the annuity being SURRENDER. Satisfied Term. TO ALL TO WHOM THESE PRESENTS SHALL COME, the within named (mortgagee or other termor) sends greeting. WHEREAS the within mentioned sum of £ was not paid at the time in the within written indenture appointed for the payment thereof, and the same is still due and owing to the said (mortgagee) upon the security of the within mentioned premises, but all interest for the same hath been fully paid or satisfied up to the date of these presents [or as the case may be]. AND WHEREAS the said (mortgagor) has requested the said (mortgagee) to accept payment thereof, and to yield up and surrender the said premises for the residue now to come of the said term, which he has agreed to do. Now THESE PRESENTS WITNESS, that in pursuance of the said agreement, and in consideration of the sum of L of lawful money of the United Kingdom of Great Britain and Ireland, to the said (mortgagee) in hand well and truly paid by the said (mortgagor), at or before the sealing and delivery of these presents, the receipt whereof, and that the same is in full of all principal and interest-money now due upon the within written security, the said (mortgagee) doth hereby acknowledge, and of and from the same doth acquit, release, exonerate, and for ever discharge the said (mortgagor), his heirs, executors, and administrators, and also the within-mentioned premises by these presents (1), he the said tisfied term. (1) If the term was enacted for securing an annuity which has been Annuity or sarepurchased, or other purpose which has been satisfied, instead of the preceding recitals, recite such other facts as lead to, or are the motives or considerations of the surrender. SURRENDER. (mortgagee) HATH assigned, surrendered, and yielded up, and by Satisfied Term. these presents DOTH assign, surrender, and yield up unto the said (mortgagor), his heirs and assigns, all and every the messuages or tenements, &c. in or by the within-written indenture described, and thereby demised or otherwise assured unto the said (mortgagee), his executors, administrators, and assigns, for the term of years, or intended so to be, as within is mentioned, with the outhouses, buildings, and other appurtenants thereunto belonging, and all the estate, right, title, interest, term of years yet to come and unexpired, trust, property, claim and demand whatsoever, both in law and in equity of him the said (mortgagee), of, in, to, or out of the same, and to and for the end, intent, and purpose, that all and every the said estate, interest, term or number of years now to come and unexpired therein by effluxion of time, shall and may be and become henceforth and for ever merged, drowned, and extinguished in the freehold reversion and inheritance thereof. AND the said (mortgagee) doth, &c. [covenant by mortgagee that he has not incumbered] (1). IN WITNESS, &c., (1) See ante, p. 604. Stamp. See ante, "STAMP", Schedule. No. CCCCLXXIX. *Memorandum of a surrender of Copyholds taken in Court. Variations where it is taken out of Court, also where the surrender is on a Purchase, a Mortgage or a Trust deed. SURRENDER. Copyholds. Manor of BE it remembered that at a court holden in Surrender. and for the said manor of , this day of , in the year of our Lord 18 (1) If the surrender be made by attorney, say, "By A. B. his attorney duly appointed by a certain deed-poll under the hand and seal of the said (vendor), bearing date, &c. which was produced and read." Attorney. Surrender out of (two copyholders), Court. SURRENDER. Copyholds. Mortgage. Trusts. or any of them, to and for the use and behoof of (the purchaser) Mortgage. (1) See ante, MOD. PREC. Vol. V. pp. 283. 297. n. (2). If the surrender be for securing the payment of an annuity, see ante, MOD. PREC. Vol. VI. p. 271. |