Trust to sell.

Trustees' receipts to be sufficient discharges;

No. CCCLI. for the same and such mortgage or mortgages to be made of Conveyance in the whole or any pt of the preses hby granted or conveyed or intended so to be to such psn or psns as shall be willing to purchase or take a mortgage or mortgages thof who having pd his her or their purchase or mortgage money to and obtained a rect or rects for the same from the sd (T.) or the survor of &c. shall be by such rect or rects fully acquitted and discharged from such purchase money or monies or the sum or sums of money to be borrowed on mtge or mtges of the sd preses or any of them or so much thof as such rect or rects shall expss to be recd and shall not aftwds be liable to see to the application of the same or an

out of the pro- swerable for the loss or misapplication thof And upon this furr

ceeds of sale

first to pay costs, &c.

Next to pay grantor an annuity;

trust that they the sd (T.) or the survor &c. or the exs or ads of such survor do and shall by with and out of the money to arise by such sale or sales or to be borrowed upon such mtge or mtges and by and out of the rents and prfts of the sd manors messes &c. and or. the heredts hby granted and reld and covenanted to be surrendered or intended so to be in the first place pay the costs chas and exps of the trustee or trustees for the time being in the exon and performance of the trusts hby reposed in the sd (T.) and also the costs and chas of preparing for and making such sales or mtges or anywise relating thereto And in the next place do and shall pay to the sd (D.) yrly and evy yr the sum of £ by two equal portions on the feast of and the feast of in evy yr witht making any deduction or abatement out of the sd yrly sum to be pd or allowed to the sd (D.) for taxes or on any or. acct whatsr the first paymt of the sd yrly sum of £ to be made on such of the feasts as shall happen next after the exon then to pay off of these prests And after the paymt of the sd costs chas and and of the sd annty shall and do satisfy and discharge all the principal money and int now due or hraftr to grow due on the sevl mtges mentd in the schedule hereunder-written or hereunto annexed made by the sd (D.) of or affecting the manors &c. and heredts so to be sold such mtges to be resply pd out of the money arising by sale of the estes whereon they are resply charged To redeem an- And in the next place do and shall by with and out of the money to arise by such sale or sales or to be borrowed on any mortgage or mortgages to be made by the sd (T.) or the survor &c. redeem all the annties granted by the sd (D.) (except the annty to the sd

mortgages upon estates to be

sold.

nuities.

exps

pay

No. CCCLI.
Conveyance in

Trust to sell.

and then all

bond debts;

) or such of them as the sd (T.) shall think fit and pay all the arrears thof and the costs and chas of assigning or entering satisfaction on the records of the sevl judgmts for the securing such annties And after redeeming the same and paying all To discharge such arrears thof and the costs and chas as afd do and shall judgment debts; off and discharge the sevl sums of money secured by the judgmts mentd in the schedule hereunder-written or hereunto annexed entered up agst the sd (D.) and the int thof and the costs and chas of assigning or having satisfaction ackngd on the records of such judgmts to be pd and discharged at such time or times in such order course priority and manner as to them the sd (T.) or the survor &c. shall seem most convenient And from and after paymt thof do and shall discharge all sums of money secured by the sevl bonds parlarly mentd and specified in the schedule hereunder-written or hereunto annexed to be due and owing to the sevl psns therein named togr with the int thof now due and to become due the sd sevl debts secured by bonds to be pd and discharged at such time or times and in such order course priority and manner as to them the sd (T.) or the survor shall seem proper and expedient And from and after full satisfaction and discharge of all the sd sevl sums secured by judgmts and bonds and all int now due and to grow due for the same resply Then upon Trust that they the sd (T.) or the survor &c. shall and do pay off and discharge all the sevl simple contract debts parlarly mentd and specified in the sd schedule to be due and owing to the sevl psns therein also named togr with the int of such as carry or bear int the same simple contract debts to be likewise pd off and discharged at such time or times and in such order course priority and manner as to them the sd (T.) or &c. shall seem most proper And from and after full paymt then to pay all satisfaction and discharge of all the sd costs chas and exps and the sd annty hby provided for the sd (D.) and the sd sevl mtges judgmts bonds and simple contract debts in the order and manner afd and all int due and to grow due for such of the same resply as do carry or bear int Then upon Trust that they the sd (T.) and the survor &c. shall and do pay all the residue of the money arising from such sale or sales as afd (if any shall remain in their hands unapplied or undisposed of) after paymt of such debts chas outgoings and incumbs as afd unto the sd (D.) his

VOL. I.

Ꮓ Ꮓ

and then to discharge all simple contract debts;

the residue of

the money undisposed of to the grantor;

No. CCCLI.

Conveyance in

and reconvey premises that remain un

sold.

exs ads and ass to and for his and their own use and benefit Trust to sell. And it is hby decld and agrd by and betn the sd pties to these prests that in case any pt of the sd manors and heredts hnbefe mentd and hby granted &c. and directed to be sold shall remain unsold and undisposed of after the sd sevl mortges judgmts bonds and simple contract debts and all int due and to grow due for or in respect of such of them as do carry or bear int shall be fully pd satisfied and discharged Then and in such case and as soon as conveniently may be aftwds they the sd (T.) or the survor &c. shall and will at any time upon the request and at the costs and chas of the sd (D.) his hrs or ass reconvey surrender and reassure unto and to the use of the sd (D.) his hrs and ass or unto such or. psn or psns as he or they shall by any writing or writings signed by him or them under his or their hand or hands direct and appt all such pts and so much of the sd freehd and copyhd manors &c. and heredts hnbefe mentd with the apts as shall remain unsold with the equity of redemption of such pt thof as shall be so mortgaged free from incubs to be made done or committed by the sd (T.) or the survor &c. his hrs &c. in the mean time but so as the psn or psns required to make and exte such reconveyance surrender and assurance be not compelled or compellable for the making thof to go or travel from the place of his or their respive abode or dwelling Provided always and it is hby also decld and agrd by and betn all the sd pties to these prests that in the mean time and until a sale or sales of the manors &c. and heredts hby granted and reld and covenanted to be surrendered or intended so to be and directed to be sold as afd or of a competent pt thof for the purps afd can be properly effected and completed it shall and may be Iful to and for the sd (T.) or the survor &c. to hold and enjoy the same preses and evy pt thof and rece and take all the rents issues and prfts thof which from henceforth until the time of such sale or sales shall accrue and grow due in respect of the same Upon Trust that they or the survors &c. shall and do from time to time apply and dispose of the rents issues and profits so to be recd in the first place in paying and discharging of the sd costs chas and exps of the exon of the trusts hnbefe mentd and in the next place in paymt of the sd annty hnbefe provided for the sd (D.) and after paymt thof in paying and discharging all

Proviso that trustees shall receive rents until sale,

and apply them upon the same

trusts.

Conveyance in
Trust to sell.

such arrears of int as are now due and owing upon the sd sevl No. CCCLI. mtges affecting the este hby granted and released or intended so to be and the growing int thof and also the int of the sum or sums of money to be borrowed by virtue of these prests And in the next place in paymt of the sd annuities and the int of the sd sevl or. debts or sums of money in the sd schedule mentd and of such or. of the debts of the sd (D.) the paymt whereof is hby provided for as carrying int or such of them as they shall think fit (before the same shall be pd off and discharged by virtue of these prests) And in case the rents issues and prfts of the sd preses so to be recd as afd shall be more than sufficient to pay the sd annty hby provided for the sd (D.) and to keep down all surcharges of int due and to accrue due as afd and the annties granted by the sd (D.) Then upon Trust that they the sd (T.) or the survor &c. shall and do from time to time and until such sale or sales shall be made as afd pay and apply the residue or surplus of such rents issues and prfts for and towards satisfaction and discharge of the principal of the sd secties debts or sums of money in the sd schedule specified and in or towards the redeeming the sd annties so far as the same will extend And this Indre furr witnesseth That for the purps afd and for Further tescarrying the sd hnbefe recited agrt and proposal of the sd (D.) into more effectual exon and also for the consons hnbefe mentd he the sd (D.) Hath bargained sold and assigned and by &c. Doth &c. unto the sd (7.) or the survor &c. and the exs ads and ass of such survor all such rent and rents and arrears of rent and rents sum and sums of money whatsr which at the time of the exon of these prests is and are due and owing to him the sd (D.) from all evy or any of the tenants farmers or occupiers of all or any of the freehd and copyhd manors &c. heredts and preses hnbefe mentd to be hby granted and reld and covenanted to be surrendered unto and to the use of the sd (T.) their hrs and ass upon the trusts afsd and all powers remedies and means whatsr for recovery of the sd rent and rents and arrearages of rent and rents and also all the right title int property claim and demand whatsr of him the sd (D.) therein or thereto or in respect of the same To have hold rece and take the same unto the sd (T.) or the survor &c. as fully and amply to all intents and purps as the sd (D.) his exs or ads could or might have

tatum.

No. CCCLI. Conveyance in Trust to sell.

ney to receive

and recover

rents.

done in case these prests had not been made Upon such Trusts nevss and to and for such intents and purps and to be pd applied and disposed in such sort and manner and form as are hnbefe mentd expssd and decld of and concerning the same and Power of attor to and for no or. use intent or purpe whatsr And for the better enabling the sd (7.) and the survor &c. to recover and rece the rent and rents and arrears of rent and rents sum and sums of money hby assd or intended so to be He the sd (D.) Hath made ordained constituted and apptd and in his place and stead put and deputed and by these prests Doth make &c. the sd (T.) and each and evy of them and the survor &c. and the exs ads and ass of such survor jtly and sevly his true and lful atty and atties for him the sd (D.) and in his name or in their own names or name to ask for demand rece and take all and evy such rent and rents arrears of rent and rents so assd as afd now due to the sd (D.) from all evy or any of the tenants farmers or occupiers of the sevl manors heredts and preses hnbefe mentd and upon the rect of the same or any pt or pts thof to give any rect rele or or. discharge or discharges for the same either in their own names or in the name of him the sd (D.) or of his exs or ads And also in case of neglect of paymt thof for him the sd (D.) and in his name or in their own names to employ or make use of all such lful remedies and means whatsr for the recovery and compelling the paymt of all such rents and arrears of rent so assd as afd as to them the sd (T.) or the survor &c. shall seem meet and expedient either by entering upon the sevl manors messes lds tents and heredts in respect whereof such rent or rents and arrears of rent or rents are due and by seizing and distraining all or any goods and chattels that shall be found thereupon or upon any pt or pts thof or by bringing any action or actions or orwise howsr and generally to do and transact in and about the preses all and whatsr the sd (D.) could do if he were personally present and did the same he the sd (D.) hby ratifying and confirming all and whatsr the atties or atty shall Ifully do or cause to be done therein by virtue of these presents Provided also and it is hby expssly decld and agrd by and betn the sd pties to these prests and it is the true intent and meaning of them and of these prests that in case any of the psns named in the schedule hereunder-written or hereunto annexed the crs

Proviso as to

creditors prosecuting.