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LEASE AND

Sell,&c.

rents until sale

RELEASE. pay over all the clear residue and surplus of the

monics arising by such sale or sale's, which shall Upon Trust lo remain after answering the purposes aforesaid,

unto the said John Doe, kichard Roe, and William Denn, the husbands of the said Hannah Doe, Ann Roe, and Mary Denn, equally between them, part and share alike; and in case all, or any, or either of them the said John Doe, Richard Roe, and William Denn shall have departed this life before the amount of such residue shall be ascertained and become payable, then the share of each of them so dying shall be paid to his present wife, in case she shall be then living, and in case she shall

have also departed this life, then to his executors To apply or administrators. PROVIDED ALWAYS, and it is in discharge of hereby declared and agreed by and between all the

said parties to these presents, that in the mean time and until such sale or sales shall be made and completed as aforesaid, they the said trustees or the survivors or survivor of them, or the beirs of the survivor, shall from time to time receive the rents, issues, and profits of all and singular the said hereby granted and released premises, and apply the same in the first place in discharge of the expences of preparing and executing these

presents, and of levying the said fine or fines in and in repairs, manner hereinbefore directed; and in the next

place in discharging and defraying all the necessary expences to be occasioned by the repairs and improvements of the said premises, or any part or parts thereof, from time to time, and of all other outgoings which sball be payable in respect

of the said granted and released premises, or any and in keeping of them, and in keeping down, satisfying, and dowo interest.

expences,

RELEASE.

Sell, 8c.

discharging all interest monies which shall from LEASE AND time to time accrue or become due in respect of the said mortgage. And in case there shall be Upon Trust to any overplus, upon trust, to apply the same in discharge of such debts as shall appear to the said trustees or trustee for the time being, to be really and bona fide due from the estate of the said (Hannah Fenn) deceased, to any person or persons in the united kingdom, and of the interest of such of them as carry interest, in such order, and after such rate, and in such manner as is hereinbefore directed. And Also, to pay and account for all and singular the residue and surplus of such rents, issues and profits respectively, from time to time, to such person or persons who would for the time being, be entitled to the residue of the monies arise ing from the sale of the said premises, in case the same were then actually sold, and such resi. due were then ascertained, and become payable and distributable as aforesaid. PROVIDED ALSO, Special provithat it shall and may be lawful to and for the said timber. (trustees) or the survivors or survivor of them, or the beirs, executors, administrators, or assigns of the survivor at any time or times before such sale or sales as aforesaid, if he or they shall think fit and proper to sell and dispose of all and every or any of the timber and other trees now standing or growing in or upon all or any of the said lands expressed to be hereby granted and released, which are hereinbefore mentioned to be situate at

a foresaid. AND ALSO, of all and singular the rights, shares and interests of them the said ( William Doe, and Hannah his wife, Abell Roe, and Ann his wife, and Joseph Denn, and Mary his wife) respectively of and in all and

sion as to the

LEASE AND every or any of the timber and other trees now

standing or being on any of the lands herein before Upon Trust to mentioned to be situate in

aforesaid, a Sell, &c.

moiety whereof is expressed to be hereby granted and released for the best price that can be reasonably bad or gotten for the same respectively; and that the clear monies arising by such sale or sales shall be applied in and for the same purposes, and paid and payable to the same persons, and in the sanie manner as hereinbefore expressed or declared with respect to the rents, issues, and profits of the said granted and released premises respective. ly, until the same shall be so sold as aforesaid. Or otherwise, that it shall and may be lawful to and for the said trustees or trustee for the time being, to apply all or any part of the monies arising from such timber and trees, and shares of timber and trees as aforesaid, in or towards payment, satisfaction, and discharge of all or so much of the said principal sum secured on the

said mortgage, and of the interest of the same as That monies be to them or him shall seem proper. PROVIDED they can be ALSO, and it is hereby further declared and agreed, applied.

that in the mean time and until the monies to be raised or received by virtue of these presents can be respectively applied to the purposes hereinbefore directed, the same sball be laid out in go. vernment, or on real security at interest; and that the interest and dividends thereof from time to time, shall be applicable to the same purposes as are hereinbefore expressed with respect to the said

principal sum or sums respectively, and shall in Power to de- the mean time go in accumulation thereof. PROmise and improve the pre. VIDED FURTHER, and it is hereby declared and mises until sale,

agreed by and between the said parties to these

invested until

LEASE AND
RELEASE.

ficats as to

presents, that in the mean time, and until any such sale or sales shall be made of all or any part of the premises expressed to be hereby grant. Upon Treast to

Sell, doc. ed and released, it shall and may be lawful to and for the said (trustees) or the survivors or survivor of them, or the heirs of the survivor, from time to time, to lett, sett, demise, manage and improve the same for such times or terms respectively, and in such mavner as to them or the survivors or survivor of them, or the heirs of the survivor, shall appear most advantageous and beneficial for the said estate, and the parties interested in the monies to arise from the sale thereof. AND IT IS ALSO AGREED, that they the said trus- Usual indemnitees and each of them, shall be answerable only trustees, for such monies as they shall respectively actually receive, and not any one or more of them for the receipts of any others or other of them, their or any of their joining in any receipts for conformity only notwithstanding. Nor shall they or any of them be answerable or accountable for

any

loss which may bappen to or befal the said trust estate, monies or property, by reason of the failure of any stock, fund, or security wherein or whereon the same may be invested; or by the failure or insolvency of tenants, or of any person or persons in whose hands any of the said trust nionies may be deposited for safe custody; or by reason or nieans, or in the course of any remittance or remittances to parts beyond seas; or by the non-payment of any bill or bills of exchange; or the failure or default

any agent, receiver, or attorney to be employed by them the said trustees or any of them for the purposes of these presents; or by reason or means of any other cause or thing whatsoever, so as such loss

of

RELEASE.

!!, c.

LEASE AND do not happen by or through the wilful neglects

oj defaults of the said trustees or trustee for the U on Time to time being or any of them. And in such case the

person or persons by or through whose default the same shall happen, shall be alone liable to make good the same. AND FURTHER, that they the said trustees or trustee for the time being, and each of them, shall and may by and out of the first monies which shall from time to time come to hand by virtue of the trusts aforesaid, deduct and retain to him and themselves respectively, and pay and allow to each other, and the representatives of each other all such sum and sums of money as they shall respectively bear, pay, sustain, lay out, expend, or be put unto, in or about the execution or defence of the trusts hereby in them respectively reposed, or otherwise in relation thereto, any thing hereinbefore contained to the contrary notwithstanding. And the said (William Due) covenanting for himself and for the said (Hannah his wife), and for his and her heirs, executors and administrators; and as, to, for, and against his and her acts and deeds, and the acts and deeds of the said (John Fenn and Hannah his wife, and William Stiles) and of the ancestors of the said (William Stiles) and of the person or persons claiming or to claim under or in trust for them or any of them as hereinafter mentioned exclusively and only. And the said (Abell Roe) covenanting for himself and for the said (Ann his wife) and for his and her heirs, executors, and administrators; and as, to, for, and against his and her acts and deeds, and the acts and deeds of the said (John Fenn and Hannah his wife, and William Stiles) and of the ancestors of the said

Usual covenants for the title,

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