No. LXXXVIII. Secured on Leaseholds. of annuity. or ass or any of them shall and do well and truly pay or cause to be paid unto him the sd (grantee) his &c. during the lives &c. and the life of &c. the sd annty or &c. on the &c. and also upon the death of the survor of them the sd (nominees) all arrears of upon payment the sd annty up to the day of the death of the sd survor &c. that then the agrmt hby made and evy article and thing hin contained shall from henceforth cease determine and be utterly void and of no effect and that then also the sd bond of even date herewith shall be delivered up to be cancelled any thing herein. contd to the contrary notwithstanding And the sd (grantor) Covenants. for himself &c. doth covt &c. in manner following &c. That he shall &c. [pay annty &c. see GRANT (FREEHOLDS)] And also shall and will pay the ground-rent of £ so reserved and paye for the sd messe &c. and preses as afd as also all or. taxes and duties touching the same and shall save harmless and keep indemnified the sd (grantee) his exs &c. of and from the same And furr That the sd (grantor) his &c. at his and their own proper costs and chas shall and will from time to time and at all times during the lives of &c. and the life of &c. insure and keep insured the sd hby assd preses &c. And in case the sd preses shall happen to be destroyed by fire or orwise that then the sd (grantor) his exs ads or ass shall and will forthwith lay out all such mos insured or to be insured on the sd preses in the rebuilding and making good all the dams so happening as afd And furr That he the sd (grantor) hath done no act to incumber &c. [see ASSIGNMENTS (LEASE)] And that it shall and may be lful to and for the sd (grantee) his exs &c. during &c. from and immly after any deft or breach in payment of the sd annty &c. contrary to the true meaning of the sd bond and these prests to enter upon the sd hby assd messe &c. and to rece and take the rents issues and profits thof to his and their own use and bent until such time as he and they shall be fully pd all such arrears of the sd annty and all costs and chas touching the same in manner as afd and that witht any let &c. (also for furr assurance &c. see ASSIGNMENT OF LEASE) In witness &c. see ante, No. XLVI. No. LXXXIX. Secured on Leaseholds in Trust. Recital of lease. Recital of repurchase. No. LXXXIX. Grant of an Annuity and Declaration of Trust of Leaseholds for securing the same charged on Lives. the day of This Indre made &c. see ante, No. LXXXV. Betn (grantor) of &c. of the first pt (grantee) of &c. of the second pt and (trustee) of &c. pty hto of the third pt Whas (recital of lease, see ante, Recital of former No. LXXXVII.) And whas by Indre bearing date on or about grant of annuity. last past and expssd to be made betn sd (grantor) of the first pt and W. B. of &c. of the second pt and T.Y. of &c. of the third pt the preses hnbefe mentd and comprised in the sd in pt recited indre of lease were assd to the sd W. B. for the purpe of securing to the sd W. B. his exs ads and ass an annty or yrly sum of £ for the lives of the sevl psns on or at the days and times thin mentd And whas by indre bearing date &c. and made or expssd to be made betn the sd W. B. of the first pt the sd T. Y. of the second pt the sd (grantor) of the third pt and the sd H. W. of the fourth pt the sd annty or &c. of £ was duly reld and the sd preses were duly exonerated and discharged from the same and the sd preses were also assd by the sd T. Y. to the sd H. W. for the then residue of the sd term of yrs but nevss In Trust for the sd (grantor) his exs ads and ass And whas the sd (grantor) hath contracted with the sd (grantee) to grant to him a clear annty or yrly sum of £ for the term of ninety-nine yrs if the sd (grantee) or A. his wife or either of them shd so long live And the true and bonâ fide conson (a) to be advanced and given for the sd annty is the sum of £ And whas for the better securing the paymt of the sd annty &c. of £ the sd (grantor) hath by a writing under his hand and seal bearing even date with these prests authorized C. C. and A. W. atties of her Maj. Ct. of Q. B. at West jtly and sevly and any or. atty of the same Ct by confession or orwise to suffer judgmt to be entd up agst him in the sd Ct in an action of debt for money borrowed at the suit of the sd (grantee) his exs ads or ass for the sum of £ and costs of suit And judgmt Recital of an agreement to grant annuity. Recital of war rant of attorney. (a) As to the necessity of the consideration being bona fide, see post, MEMO RIALS. No. LXXXIX. Secured on Leaseholds in ment. Trust. is to be forthwith entd up agst the sd W. H. under the authty of the sd warrant of atty And whas upon the treaty for the purchase of sd annty or &c. of £ it was agrd that the same should be secured by the covts trusts and provos hnfter mentd and Terms of agreethat the sd annty might be repurchased upon the terms expssd in the agrt hnaftr inserted in that behalf and that the costs and chas of preparing and perfecting the sevl secties for paymt of the sd annty and of preparing and filing a memorial thof shd be borne and pd by the sd (grantor) Now this Indre witnesseth Testatum. that in pursuance of the sd agrt and in conson of the sum of £ in notes (a) of the Gov and Compy of the Bk of Engld well and truly pd by the sd (T.) as the agent of the sd (grantee) the receipt &c. (see ante, No. LXXXV.) He the sd (grantor) for Covenant to himself his hrs exs ads and ass doth covt and agree with the sd pay annuity. (grantee) his exs ads and ass that he the sd &c. shall and will from time to time and at all times during the sd term of ninetynine yrs to be computed from the day of the date of these prests if the sd (grantee) or A. his wife or either of them shd so long live well and truly pay or cause &c. (see ante, No. LXXXV.) and in case the sd (grantee) or A. his wife or the survivor of them shall die during the sd term of ninety-nine yrs and betn and in the interval of any two of the sd quarterly days of paymnt and either before or after the sd day of next Then that the sd (grantor) shall or will immly after the dece of such survor as afd and demand made thof pay &c. unto the exs ads or ass of the sd (grantee) such pt of the sd annty as shall be in proportion to the time or number of days which (exclusive of the day of the dece of the survor of them the sd (grantor) and A. his wife) shall have elapsed prior to his dece and after the day of paymt and immly preceding that event or as the case shall require next after the day of the date of these prests. And this Indre also witnesseth That for the better and more Further testaeffectually securing the paymt of the sd annty or &c. of £ and for the conson hnbefe expssd it is hby decld and agrd betn the sd pties hto and the sd (grantor) doth hby direct and appt and the sd (T.) doth hby consent and agree that he the sd (T.) his (a) As to the mode of paying the consideration under the Annuity Act, see Dig. p. ii. tit. ANNUITIES. tum. No. LXXXIX. exs ads and ass shall stand and be possed of the sd messes or Secured on Leaseholds in Trust. Trusts. To pay rent. To insure buildings. To reimburse himself. To levy arrears of annuity. To suffer gran in the mean tents preses or heredts so assd to him by the sd hnbefe recited indre upon the trusts following that is to say Upon Trust that he the sd (T.) his exs ads or ass do and shall from time to time by and out of the rents and prfts of the sd preses pay the rent reserved by the sd hnbefe indre of lease or any under-lease of the sd preses when and as the same shall become due and also do and shall if he or they shall think fit insure or cause the sd messes &c. to be insured agst loss or damage by fire in such sum or sums of money as by him or them shall be thought proper And do and shall from time to time apply the money which shall be recd on acct of any such insurance in rebuilding or repairing such pt or pts as shall have been destryd or damd by fire And also do and shall from time to time retain or pay unto or for himself or themselves all and evy such sum or sums of money as he or they shall lay out and spend for the taxes or repairs of the sd preses or orwise relating thto And subject and witht prejudice to the trusts hnbefe decld do and shall in case and as often as the sd annty of £ or any quarterly paymt thof shall be in arrear and unpd in the whole or in pt by the space of forty days next after any one of the days or times hnbefe appted for the paymt thof by and out of the rents and prfts of the sd preses or by bringing actions agst or making distresses upon all or any of the present or future tenants of the sd preses for the recry of the rents in arrear or by any one or more of the sd ways or any or. Iful and reasone ways and means whatsr levy and raise such arrears of the sd annty &c. of £ as from time to time shall become due and remain unpd togr with such costs chas and exps as he the sd (T.) his exs &c. or the sd (grantee) shall incur sustain or be put unto by reason of the non-paymt of the sd annty of or any pt thof £ And subject and witht prejudice as afd do and shall permit tor to take rents and suffer the sd (grantor) his exs ads and ass to rece and take the rents and prfts of the sd preses to and for his and their own use and bent And in case the sd annty &c. of £ time. In case of nonpayment of months, to shall be annuity for six in arrear or unpd by the space of six cal mths next after any one of the days or times hubefe apptd for the paymt of the same it shall and may be lful for the sd (T.) his exs &c. upon make sale of premises. No LXXXIX. Secured on Leaseholds in Trust. pay arrears, &c. any request in writing of the sd (grantee) his exs ads or ass to make sale and absolutely dispose of the sd messes &c. or any pt thof by public auction or private contract or ptly by public auction and ptly by private contract as he or they shall think fit and to assign and assure the same when sold unto the purchaser or purchasers thof his her or their exs &c. And do and shall by with and out of the mos which shall arise by or from such sale or sales resply In the first place retain and pay unto Upon trust to and for himself &c. the costs &c. attending the exon of the trusts reposed in him or them and in the next place do &c. pay &c. unto (grantee) his exs &c. the arrears of the sd annuity &c. of £ which shall then remain unpaid. And do and shall and invest the invest the residue of such mos in the name or names of the sd (T.) his exs &c. in the purchase of Three per cent. Consol. Bk Annuities and stand and be possd of the same and the divds int and income thof in trust by and out of the same or a competent pt thof to pay unto the sd (grantee) his exs &c. the sd annty &c. of £ and the proportione pt thof when and as the same shall become due and paye and the costs &c. attending the same and subject to the sd trusts do and shall stand and be possd of the sd three per cent &c. Upon trust for the sd (grantor) his exs ads and ass And it is hby furr agrd and decld that after the determination of the sd annty of £ and full payment of the same and all arrears and such proportione pt thof and also of all such costs &c. the sd preses so assd to the sd (T.) or such pt thof as shall not be sold shall be in trust for the sd (grantor) his exs &c. And it is hby furr decld and agrd that the psn or psns who shall pay any pt of the rents and annual prfts of the sd messes or tents and preses or who shall become the purchaser or purchasers of any pt thof or orwise pursuant to the trusts hnbefe decld concerning the same shall not be obliged or required to see to the applcon of the sd rents prfts and mos resply or any pt thof nor whether such sale or sales is or are necssy for all or any of the purps afd nor be answe or accte for the misapplicon or nonapplicon of the same and that all the rects which shall be given by the sd (T.) his exs ads or ass of all or any of the sd rents &c. resply shall be good and sufficient dischas for the sums of money which by the residue. Declaration as to persons pay ing rents, &c. Receipts of trustee to be good discharges. |