described as follows (here copy the description of the premises in that lease), reserving a certain rent, payable to said party of the first part; that is to say (here state the rent reserved in that lease), payable (here state the times and terms of payment), together with the said rent, to the said party of the first part, payable as aforesaid. TOGETHER with all right and power of entry and distress and of reentry, and all other the covenants, ways, means, and remedies for the recovery thereof, and all and singular the rights, incidents, and appurtenances whatsoever thereunto belonging, and the reversions and remainders thereof, and all the estate, right, title, interest, property, claim, and demand whatsoever, of him the said party of the first part, or his legal representatives, either in law or equity, as well of, in, and to the said yearly rent or sum hereby granted and assigned, as also of, in, and to the said lot or piece of ground, with the appurtenances, for and out of which the same rent is issuing and payable. To have and to hold, receive and take, all and singular the hereditaments and premises hereby granted and assigned, with the rights, remedies, incidents, and appurtenances, unto the said party of the second part, his heirs and assigns, to and for the only proper use and behoof of him the said party of the second part, his heirs and assigns, for ever. And the said party of the first part, and his heirs, all and singular the hereditaments and premises hereby granted and assigned, with the rights, remedies, incidents, and appurtenances, unto the said party of the second part, and his heirs and assigns, against him the said party of the first part and his heirs, and against all and every other person and persons whomsoever, lawfully claiming or to claim by, from, or under him or them, or any of them, shall and will warrant and for ever defend, by these presents. IN WITNESS WHEREOF, The said parties to these presents have hereunto interchangeably set their hands and seals, the day and year herein before first written. (Signature of the assignor.) (Seal.) (Signature of the assignee.) (Seal.) Sealed and delivered in the presence of us, (Witnesses.) RECEIVED the day of the date of the above indenture of the above personally appeared the above-named (name of the assignor), and in due form of law acknowledged the above indenture to be his free act and deed, and desired the same might be recorded as such. WITNESS my hand and seal, the day and year aforesaid. (Signature.) (Seal.) (87.) A LEASE CONTAINING CHATTEL MORTGAGE COVENANTS, TO SECURE THIS INDENTURE, Made this THE RENT. day of in the year of between (name and our Lord one thousand eight hundred and residence of lessor), of the first part, and (name and residence of the lessee), of the second part, witnesseth, That the said party of the first part, for and in consideration of the covenants and agreements hereinafter mentioned, to be kept and performed by the said party of the second part, his executors, administrators, and assigns, has demised and leased to the said party of the second part all those premises situate, lying, and being in the city of in the county of and in the State of known and described as follows, to wit (here describe the premises, as in Form 75). TO HAVE AND TO HOLD the said above-described premises, with the appurtenances, unto the said party of the second part, his executors, administrators, and assigns, from the in the year for and during day of day of in the year of our Lord one And the said party of the second of our Lord one thousand eight hundred and and until the thousand eight hundred and part, in consideration of the leasing of the premises aforesaid by the said party of the first part to the said party of the second part, does covenant and agree with the said party of the first part, his heirs, executors, administrators, and assigns, to pay the said party of the first part, as rent for said demised premises, the sum of dollars, in four equal quarterly payments of ), payable (here state the days when the rent should be paid), at the house (or office, or counting-room, or store) of said party of the first part, in said city of dollars each ($ And it is further agreed by the said party of the second part, in consideration of the leasing of the premises aforesaid, that the said party of the second part shall and will pay, or cause to be paid, promptly, as soon as the same becomes due, all assessments for water-rents that may be levied upon said demised premises during the continuance of this lease, and save said premises and the party of the first part harmless from all charges and expenses connected with the supply of water to said premises. And the said party of the second part hereby covenants and agrees, in case of default in the payment of any water-rent levied upon said premises during said term, to pay unto said party of the first part, as liquidated damages for such breach of covenant, double the sum of such rent so assessed upon said premises as aforesaid. And the said party of the second part further covenants with the said party of the first part, that he will keep said premises in a clean and healthy condition, in accordance with the ordinances of the city and directions of the proper authorities. It is further agreed by the said party of the second part, that neither he nor his legal representatives will underlet said premises or any part thereof, or assign this lease, without the written assent of the said party of the first part first had and obtained thereto. THIS INDENTURE FURTHER WITNESSETH, That the said party of the second part, for and in consideration of the sum of (insert the whole sum to be paid under the lease) dollars in hand paid, the receipt whereof is hereby acknowledged, does hereby grant, sell, convey, and confirm unto the said party of the first part, his heirs and assigns, all and singular the followingdescribed goods and chattels, to wit (here give a schedule or list of the articles, describing them sufficiently). TOGETHER with all and singular the appurtenances thereunto belonging, or in any wise appertaining: to have and to hold the same unto the said party of the first part, his heirs, executors, administrators, and assigns, to his and their sole use for ever. And the said party of the second part, for himself and for his heirs, executors, and administrators, does covenant and agree with the said party of the first part, and his heirs, executors, administrators, and assigns, that he is lawfully possessed of the said goods and chattels as of his own property; that the same are free from all incumbrances, and that he will, and his heirs, executors, and administrators shall, warrant and defend the same unto the said party of the first part, and his heirs, executors, administrators, and assigns, against the lawful claims and demands of all persons. PROVIDED, NEVERTHELESS, That if the said party of the second part, or his heirs, executors, administrators, or assigns, shall well and truly pay, or cause to be paid, unto the said party of the first part, or his heirs, executors, administrators, or assigns, the said sum of dollars, rent, above reserved, punctually, and in the manner and at the times and place above mentioned, then and from thenceforth these presents, and every thing herein contained, shall cease, and be null and void. AND PROVIDED, ALSO, That it shall be lawful for the said party of the second part, his heirs, executors, and administrators, to retain possession of the said granted goods and chattels, and at his own expense to keep and to use and enjoy the same, until the said party of the second part, or his heirs, executors, administrators, or assigns, shall make default in the payment of said rent above specified, at the time or times, and in the manner hereinbefore contained; or unless the said party of the first part shall fear diminution, removal, or waste, for want of proper care; or if the said party of the second part shall sell or assign, or attempt to sell or assign, said goods and chattels, or any part thereof; or if any writ issued from any court shall be levied on any part of the above-described goods and chattels, — that then, and in any of the aforesaid cases, all of said sum of dollars, above reserved as rent for said demised premises, shall become due and payable; and the said party of the first part, his heirs, executors, administrators, and assigns, agents, or attorneys, or any of them, may elect to take possession of the said property, and for that purpose may pursue the same or any part thereof, wherever it may be found, and also may enter any of the premises of the said party of the second part, with or without force or process of law, wherever the said goods and chattels may be or be supposed to be, and search for the same, and, if found, to take possession of and remove, and sell and dispose, of said property, or so much thereof as may be necessary to pay the rent due, and the balance of rent for the whole unexpired term, whether due or not due, at public auction, to the highest bidder, after giving ten days' notice of the time, place, and terms of sale, together with a description of the property to be sold, either by publication in some newspaper in the city of or by similar notices posted up in three public places in the vicinity of such sale, or at private sale, with or without notice, for cash or on credit, as the said party of the first part, or his heirs, executors, administrators, or assigns, agents or attorneys, or any of them, may elect; and out of the money arising from such sale, to retain, first, all costs and charges for pursuing, searching, taking, removing, keeping, storing, advertising, and selling of such property, goods, chattels, and effects, and all prior liens, together with the rent due and the balance of rent for the whole unexpired term, whether due or not due, rendering the overplus of the money arising from such sale, and the remainder of said goods and chattels, if any there shall be, unto the said party of the second part, or his legal represent atives. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties aforesaid, that if the rent above covenanted to be paid, or any part thereof, shall be behind or unpaid on the day of payment whereon the same ought to be paid as aforesaid, or if default shall be made in any of the covenants herein contained, to be kept by the said party of the second part, his executors, administrators, and assigns, it shall and may be lawful for the said party of the first part, his heirs, executors, administrators, agent, attorney, or assigns, at his or their election, to declare said term ended, and into the said demised premises, or any part thereof, either with or without process of law, to re-enter; and that said party of the second part, or any other person or persons occupying in or upon the same, to expel, remove, and put out, using such force as may be necessary in so doing, and the said premises again to repossess and enjoy, as in his or their first and former estate, and to distrain for any rent that may be due thereon, upon any property belonging to the said party of the second part, whether the same be exempt from execution or distress by law or not; and the said party of the second part, in that case, hereby agrees to waive all legal right which he may have to hold or retain any such property, under any exemption law now in force in this State, or in any other way. And if at any time said term shall be ended at such election of said party of the first part, or his heirs, executors, administrators, or assigns, as aforesaid, or in any other way, the said party of the second part, or his executors, administrators, or assigns, does hereby covenant and agree to surrender and deliver up said above-described premises and property peaceably to said party of the first part, or his heirs, executors, administrators, and assigns, immediately upon the determination of said term as aforesaid; and if he shall remain in possession of the same after such default, or after the termination of this lease in any of the ways above named, he shall be deemed guilty of a forcible detainer of said demised premises, and shall be subject to all the conditions and provisions above named, and to eviction and removal, forcibly or otherwise, with or without process of law, as above stated. IN TESTIMONY WHEREOF, The said parties have hereunto set their hands and seals, the day and year first above written. (Signature of lessor.) (Seal.) (Signature of lessee.) (Seal.) In presence of STATE OF COUNTY OF I, justice of the peace in and for said county, do hereby certify that this lease and mortgage was duly acknowledged before me by the above-named (name of lessee), this day of A.D. 18 (Seal.) (88.) A BUILDING LEASE. THIS DEED OF LEASE, Made and entered into in duplicate this day of county of and State of county of (name of lessee), of party of the first part, and and State of WITNESSETH, That the said party of the first part, in consideration of the covenants, agreements, and stipulations hereinafter mentioned, as well as the yearly rent of dollars, to be paid to him in four equal quarterly payments in each year (the first payment to be made on the A.D. 186 ), doth by these presents lease day of day of 186 years, which the following to the said party of the second part, for the term of The said party of the second part, for himself and his heirs, hereby covenants with said lessor and his heirs to pay said rent as aforesaid, and also to pay all city, county, and State taxes, and all other taxes and demands of every description, nature, or kind whatever, which may from time to time be legally required or demanded of said premises, whether general tax or special tax. Every failure, first, to pay the said rent, or any part thereof, when it is respectively made payable; or, second, to pay the said city, county, and State taxes, and all other taxes and demands, or any part thereof (legally required or demanded of said premises, within the year the same shall become due, assessed to either said lessor, his heirs or representatives, or to said lessee or his representatives); or, third, to keep and perform any of the other covenants, agreements, or stipulations herein mentioned, — shall make and create a forfeiture of this lease, and a termination of the term for which the above premises were let; and all the estate hereby conveyed shall be absolutely void, if so determined, at any day or time, however distant, after such failure, by notice in writing to that effect, given by said lessor, his heirs or assigns, to said lessee or his assigns; which said notice |