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RELEASE. the said freehold and copyhold hereditaments and Of an Annuity, premises, and every part and parcel thereof with the payment of the said annuity or yearly rent charge of as aforesaid, and with such powers and remedies for recovering or compelling payment thereof as hereinbefore is mentioned. AND, for the further, better, and more effectually granting and demising of the said hereditaments and premises hereby granted and demised, or intended so to be and every part thereof, for the term of years, or so much thereof as shall then be unexpired, as by the said (grantees) their executors, administrators, and assigns, or his or their counsel learned in the law, shall be reasonably devised, or advised and required. WHEREAS by indenture bearing date on or about day of last, and made or expressed to be made between (assignor of old term) therecuring the an- in described of the first part; the said (grantor) of the second part; and the said (assignee and trustee of old term, party hereto) of the third part; the residue of a certain term of years, created of the said manor and premises hereinbefore released by a certain indenture therein referred to, bearing date the
Recital of a term outstanding, and declaration that trustee shall
stand possessed thereof for se
nuity, and to
attend the in
was assigned to the said (trustee) his executors, administrators, and assigns, in trust for the said (grantor) his heirs and assigns, and to be assigned as he or they shall direct, and in the mean time to permit the said term of years, to attend upon and be subservient to the freehold inheritance of the premises therein comprised, in order to protect the same from all mesne incumbrances. Now THIS INDENTURE
Of an Annuity,
FURTHER WITNESSETH, that in consideration of RELEASE. the premises, the said (trustee) doth, by the direction of the said (grantor) (testified by his sealing and delivering these presents), agree and declare that he the said (trustee) his executors and administrators, shall and will stand and be possessed of and interested in the residue of the term of years, in trust, in the first place, for the better securing the payment of the said annuity or yearly rent charge of the times and in the manner hereinbefore appointed for the payment thereof, and subject thereto, in trust, to permit and suffer the same term to attend upon and be subservient to the reversion, freehold, and inheritance of the said premises, in order to protect the same against mesne incumbrances, if any such there be. AND WHEREAS Recital of a the said (grantor) hath or doth intend to confess a judgment in his Majesty's Court of King's Bench at Westminster, as of
term last in
an action of debt by the said
(grantees) for the
according to the true intent and meaning of these presents. AND therefore the said (grantees) for Usual cove themselves, their heirs, executors, and adminis-pants on that trators do, and each of them doth, covenant and agree with the said (grantor) his heirs, executors, and administrators, that they the said (grantees), or either of them, their, or either of their heirs, executors, administrators or assigns, shall not
Of an Annuity, &c.
nor will, until default shall be made in payment of the said annuity or rent charge of hereby granted, or some part thereof, contrary to the true intent and meaning of these presents, sue forth and prosecute any writ or writs of execution upon the said judgments, nor in any wise sue, interrupt or molest the said (grantor) his heirs, executors, or administrators, in his or their persons, or in the quiet enjoyment of his or their lands or tenements, goods and chattels, by reason or means of And for enter the said judgment, (save as aforesaid). AND ALSO, that after the said annuity or rent charge of
on the judgment after payment.
Terms of repurchase.
hereby granted shall cease, and all arrears thereof,
stock, at which rate the sum of would on that day have actually purchased the three per centum consolidated Bank Now THEREFORE IT IS HEREBY PROVIDED, declared and agreed, by and between the said parties to these presents, that if the said (grantor) his heirs, executors, or administrators, shall at any time hereafter be desirous of re-purchasing and determining the said annuity or rent charge of
; AND shall, at or upon any of
the days of payment hereinbefore mentioned, give RELEASE. or cause full months previous notice in writ of an Annuity, ing of such his or their intention to be given or left for the said (grantees) or the survivor of them, bis executors or administrators, at their most usual place of abode, then upon transferring or causing to be transferred unto the names of the said (grantees) their executors, administrators, or assigns, in the books of the Governor and Company of the Bank of England, the sum of three per centum consolidated Bank annuities, for their use and benefit, and upon payment of all arrears of the said annuity or rent charge due and computed to the time specified in such notice, then and in such case the said annuity or rent charge hereby granted, shall determine. AND the said term of years, as also the said copyhold premises shall, at the costs and charges of the said (grantor) his heirs, executors and administrators, be merged and surrendered, and satisfaction shall be entered on the aforesaid judgment, or the same annuity and remedies for recovering the same, and the said term of years, and judgment shall, at the expence of the said (grantor) his heirs, executors and administrators, be assigned and conveyed to such person or persons, in such manner as the said (grantor) shall direct or appoint, any thing herein contained to the contrary notwithstanding. PROVIDED LASTLY, and No benefit of it is hereby mutually covenanted, agreed, and declared, by and between the said (grantees) that no benefit of survivorship shall be had or taken by them or either of their heirs, executors, administrators or assigns, in respect of the said annuity
Of an Annuity,
or rent charge hereinbefore granted and secured, but that the survivor, his executors or administrators, and the trustees aforesaid, shall stand possessed of and interested in the said annuity or rent charge, and the securities for the same, IN TRUST for the part or share of the other of them therein, for the executors or administrators of the party dying first, in the same manner as such deceased party was entitled to whilst living, without any regard to the one surviving the other. IN WITNESS, &c.