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(102.)

AN AGREEMENT FOR SALE OF LAND, IN USE IN THE WESTERN

STATES.

day of

ARTICLES OF AGREEMENT, Made this

in the year one thousand eight hundred and sixty- between of the first part, and

of the second part, WITNESSETH, That the party of the first part, at the request of the party of the second part, and in consideration of the money to be paid, and the covenants as herein expressed to be performed, by the party of the second part (the prompt performance of which payments and covenants being a condition precedent, and time being of the essence of said condition), hereby agree to sell to the said party of the second part, all certain lot and parcel of land, situate in

county of and State of

known and designated as follows, viz.:

with the privileges and appurtenances thereto belonging.

And the said party of the second part, in consideration of the premises, hereby agrees to pay the party of the first part, his or their executors, administrators, or assigns,

in

days, the sum of dollars, as follows, viz.:

with interest at the rate of

per cent per annum, from to be paid semi-annually in each year, on the whole sum from time to time remaining unpaid. And also that he will weli and faithfully, in due season, pay, or cause to be paid, all ordinary taxes assessed for revenue purposes upon said premises, or any part thereof, subsequent to the year 18 And also all other assessments which now rre, or may be hereafter, charged or assessed upon or against said premises, or any part thereof. But in case the said party of the second part fail to pay any or all such taxes or assessments upon said premises or appurtenances, or any part thereof, whenever and as soon as the same shall become due and payable; and the party of the first part shall pay from time to time, or at any time, any or all such taxes or assessments, or cause the same to be paid, - the amount of any and all such payments so made by the party of the first part, with interest thereon from the date of payment, shall immediately thereupon become ari additional consideration, and payment thereof shall be inade by the party of the second part hereto, for the premises herein agreed to be conveyed.

And the said party of the first part further covenants and agrees with the said party of the second part, that upon the faithful performance by said party of the second part of

undertaking in his behalf, and of the payment of principal and interest of the sum above mentioned, in the manner specified, he the said party of the first part shall and will, without delay, well and faithfully execute, acknowledge, and deliver in person, or by attorney duly authorized, to the party of the second part,

heirs or assigns, a deed of conveyance of all the right, title, and interest of the party of the first part, of, in, and to the above-described premises, with the appurtenances, with full covenants of warranty, also of waiver and release of all rights of the said party of the first part, resulting from the laws of this State pertaining to exemption of homesteads.

AND IT IS MUTUALLY COVENANTED AND AGREED, By and between the parties hereto, that in case default shall be made in the payments of prin. cipal or interest at the time or any of the times above specified, for the payment thereof, and for

days thereafter, this agreement, and all the preceding provisions hereof, shall be null and void, and no longer binding, at the option of said party of the first part, representatives or assigns; and all the payments which shall then have been made thereon, or in pursuance hereof, absolutely and for ever forfeited to the said party of the first part; or at the election of the said party of the first part, representatives and assigns, the covenants and liability of said party of the second part shall continue and remain obligatory upon the said party of the second part, and may be enforced, and the said consideration money, and every part thereof, with the annual interest as above specified, be collected, by proper proceedings in law or equity, from the said party of the second part, heirs, executors, administrators, or assigns.

AND IT IS FURTHER MUTUALLY COVENANTED AND AGREED, By and between the parties hereto, that in case of default in the payment stipulated to be made by the said party of the second part, or any part thereof, and the election of the party of the first part,

representatives or assigns, to consider the foregoing contract of sale at an end, and prior payments forfeited, the said party of the second part,

heirs, representatives, or assigns, who may have possession, or the right of possession, of said premises at the time of such default, or at any time thereafter, shall be considered, and are hereby agreed and declared to be, in law and equity, the tenant or tenants at will of said party of the first part,

representatives and assigns, on a rent equal to an interest of ten per cent per annum on the whole sum of the purchase-money above specified, payable quarter-yearly in advance from the day of such default in payment of principal or interest. And after such default in payment, and election to consider the above contract of sale as void, the said party of the first part,

representatives and assigns, shall and may have and exercise all the powers, rights, and remedies provided by law or equity to collect such rent, or to remove such tenant or tenants, the same as if the relation of landlord and tenant hereby declared were created by an original absolute lease for that purpose, on a special rent, payable quarterly on a tenure at will. And that in such case the said tenant or tenants shall and will pay, or cause to be paid, all taxes, assessments, ordinary and extraordinary, which may be laid or assessed on such premises or any part thereof, cluring the continuance of such tenancy; and will not permit or suffer any waste or damage to said premises or the appurtenances, but will keep and deliver up, on the termination of such tenancy, the said premises and appurtenances, in as good order and repair (ordinary wear and decay, and unavoidable injury by the elements, excepted) as they were in at the commencement of said tenancy. IN WITNESS WHEREOF, The party of the first part

and the party of the second part, in

own proper person, have hereunto respectively set their hands and seals, on the day and year first above written.

(Signatures.) (Seals.) Signed, scaled, and delivered in presence of

(103.)

AN AGREEMENT FOR WARRANTY DEED, USED IN THE WESTERN

STATES.

ARTICLES OF AGREEMENT, Made this

day of

in the year of our Lord one thousand eight hundred and sixty- between party of the first part, and

party of the second part,

WITNESSETH, That said party of the first part hereby covenants and agrees, that if the party of the second part shall first make the payment and perform the covenants hereinafter mentioned on

part to be made and performed, the said party of the first part will convey and assure to the party of the second part, in fee-simple, clear of all incumbrances whatever, by a good and sufficient warranty deed, the following lot, piece, or parcel of ground, viz.:

And the said party of the second part hereby covenants and agrees to pay to said party of the first part the sum of

dollars, in the manner following:

dollars, cash in hand paid, the receipt whereof is hereby acknowledged, and the balance

with interest at the rate of

per centum per annum, payable annually, on the whole sum remaining from time to time unpaid, and to pay all taxes, assessments, or impositions that may be legally levied or imposed upon said land, subsequent to the year 18 And in case of the failure of the said party of the second part to make either of the payments, or perform any of the covenants on

part hereby made and entered into, this contract shall, at the option of the party of the first part, be forfeited and determined, and the party of the second part shall forfeit all payments made by

on this contract, and such payments shall be retained by the said party of the first part in full satisfaction and in liquidation of all damages by

sustained, and

shall have the right to re-enter and take possession of the premises aforesaid.

It is mutually agreed that all the covenants and agreements herein con-ained shall extend to and be obligatory upon the heirs, executors, administrators, and assigns of the respective parties.

IN WITNESS WHEREOF, The parties to these presents have hereunto set their hands and seals, the day and year first above written.

(Signatures.) (Seals.) Signed, sealed, and delivered in presence of

(104).

A CONTRACT TO CONVEY REAL ESTATE, IN USE IN THE MIDDLE

STATES.

THIS ARTICLE OF AGREEMENT, Made and entered into the day of one thousand eight hundred and

between of the first part, and

of the second part, WITNESSETH, as follows: The said party of the first part hereby agrees to sell unto the said party of the second part all that parcel of land situated, bounded, and described as follows. That is to say

day of

for the sum of to be paid by the said party of the second part, in manner and at the times hereinafter mentioned and covenanted, on the part of the said party of the second part. And the said party of the first part further agrees, that on the

on receiving from the said party of the second part the sum of the said party of the first part shall and will, at

at own proper cost and expense, execute and deliver to the said party of the second part, or to

assigns, a proper deed of conveyance, duly acknowledged, for the conveying and assuring to

them the fee-simple of the said premises, free from all incumbrances,

which deed of conveyance shall contain a general warranty, and the usual full covenants.

And the said party of the second part hereby agrees to purchase of the said party of the first part the premises above mentioned, at and for the price and sum above mentioned, and to pay to the said party of the first part the purchase-money therefor, in manner and at the times following, to wit:

day of

And it is further agreed by and between the parties to these presents, that the said party of the first part shall have and retain the possession of said premises, and be entitled to the rents and profits thereof until the

when full possession of the same shall be delivered to the said party of the second part, by the said party of the first part.

And it is understood and agreed, that the stipulations aforesaid are to apply to and bind the heirs, executors, administrators, and assigns of the respective parties.

And it is further hereby agreed, that in case the said party of the first part shall fail or refuse to execute and deliver a proper deed of conveyance in manner and at the time and place above specified for that purpose, provided the party of the second part shall be ready to fulfil and perform the covenants then to be fulfilled on

part; or in case the said party of the second part shall fail or refuse to pay the said sum of

at the time and place as above agreed upon, provided the party of the first

part shall be ready to deliver such deed of conveyance, as aforesaid, – then the party so failing shall and will pay to the other party, or assigns, the sum of

dollars, which sum is hereby declared fixed and agreed upon, as the liquidated amount of damages to be paid by the party so failing as aforesaid, for

non-performance.

(Signatures.) (Seals.) Signed, sealed, and delivered in presence of

(105.)

AN AGREEMENT FOR THE PURCHASE OF AN ESTATE, IN USE IN

NEW ENGLAND.

A.D.

of

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ARTICLES OF AGREEMENT, Had, made, concluded, and agreed upon this day of

between

of of the one part, and

of the other part. First, the said (seller), in consideration of the sum of

to him paid by the said (buyer), at or before the sealing and delivery of these presents, and of the further sum of

to be paid as hereinafter is mentioned, doth hereby for himself, his heirs, executors, and administrators, and every of them, covenant, promise, and agree, to and with the said

day of

his heirs, executors, and administrators, and every of them, by these presents, that he the said

his heirs and assigns (and all and every other person and persons whatsoever claiming or to claim any right, title, or interest under him, or any other person or persons whatsoever, of, in, or to the lands

and premises hereinafter mentioned), shall and will, at the proper costs and charges of the said his heirs and assigns (except fees to counsel), on or before the

next ensuing, by such conveyances, assurances, ways, and means in the law, as he the said

his heirs and assigns, or his or their counsel, shall reasonably devise, advise, or require, well and sufficiently grant, sell, release, convey, and assure to the said and his heirs, or to whom he or they shall appoint or direct, all that situate

now in the tenure or occupation of or his assigns, with covenants to be therein contained, that the said premises, at the time of such conveyance, are free from all incumbrances and demands whatsoever (except

) and all other usual and reasonable covenants. In consideration whereof, the said

for himself, his heirs, executors, administrators, and assigns, doth hereby covenant, promise, and agree, to and with the said his heirs, executors, and administrators, by these presents, that he the said his heirs, executors, or administrators, or some of them, shall and will well and truly pay, or cause to be paid, unto the said

his heirs, executors, or administrators, the aforesaid sum of

at the time of executing the said conveyances. And for the true performance of all and every the covenants and agreements aforesaid, each of the said parties to these presents doth hereby bind himself, his heirs, executors, and administrators, to the other of them, his heirs, executors, administrators, and assigns, in the penal sum of

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