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XXI. AGREEMENT by a Vendor to REPURCHASE
Premises if required by the Purchaser within a limited Period, in case the TITLE DEEDS are not FOUND in the meantime.
ARTICLES OF AGREEMENT made the — day Parties. of , 18—, BETWEEN [vendor] of &c., of the one part,
and [purchaser] of &c., of the other part.
WHEREAS the said [purchaser] has purchased of the said purchase,
[rendor] a certain messuage or tenement, garden and premises, situate at in the county of and the in
heritance thereof in fee simple, at the price of £- - ; and convey. And by an indenture dated the
inance in fee.
stant, and made between the said [rendor] of the one part, and the said (purchaser] of the other part; the said [rendor] has, in consideration of the said sum of £ granted and conveyed the said messuage and premises, with their
appurtenances, unto and to the use of the said [purchaser], Recital of the his heirs and assigns: AND WHEREAS the title-deeds and deeds, and writings relating to the said premises have been lost or misagreement for laid, and previously to the completion of the said purchase case they and payment of the said sum of £ - it was agreed beshould not be found within tween the said parties, that the said [rendor] should enter a limited
into the covenants and stipulations hereinafter contained, and period.
on his part to be observed and performed, for the repurchase of the said messuage and premises at the price of [purchase
money], and otherwise in relation to the premises, in manner Testatum. hereinafter appearing. NOW THESE PRESENTS WIT
NESS, and it is hereby agreed and declared between and Covenant by, by the parties hereto, and the said [vendor] hereby covenants vendor, that if purchaser
with the said [purchaser], that in case the said [purchaser], his should require heirs, or assigns (a), shall at any time after the expiration of chase premises three years, and within the space of nine years, to be computed within a limi- from the date hereof, be desirous to sell the same messuage ted period, before the and premises comprised in the said indenture of even date deeds are found,
herewith, and of such his or their desire shall give unto the said [vendor], his heirs, executors, or administrators (a), or leave at his or their usual place of residence, six calendar months'
(a) For these words may be substituted throughout :
“or the person or persons claiming under him."
notice in writing, Then and in such case, and at the expira- XXI. To tion of the six calendar months for which such notice shall be Repurchase if given, if the deeds and writings mentioned in the first are not found. schedule hereunder written should not previously thereto have he will purbeen found and delivered to the said [purchaser], his heirs, ingly, at the or assigns, whole and undefaced, he the said [vendor], his sum now paid heirs, executors, or administrators, shall purchase the said by purchaser. messuage and premises, of and from the said [purchaser], his heirs or assigns, at the price of £-: AND THE SAID Agreement by [ purchaser] hereby agrees that on payment of the said sum purchaser to of £ , pursuant to the aforesaid agreement, he the said cordingly. [purchaser], his heirs or assigns, and all other persons claiming through or under him, shall, at the request, costs, and charges of the said (vendor], his heirs, executors, or administrators, convey the said messuage and premises, with the appurtenances, unto and to the use of the said [vendor] and his heirs, or as he or they shall direct or appoint, free from incumbrances: And further that in case the said [rendor] his Premises at heirs, executors, or administrators, shall be called upon to the time of
repurchase to repurchase the said messuage and premises, in pursuance of be in good
repair, the agreement hereinbefore for that purpose contained, the same premises shall, at the time of such repurchase, be in good and tenantable repair; And upon the completion of such and fixtures purchase, the same premises, together with the several fixtures as good stato mentioned in the first schedule hereunder written, shall be as at present. delivered to the said [rendor], his heirs or assigns, in as good order and condition, in all respects, as the same now are: Provided ALWAYS, that these presents shall not, nor shall the Agreement above-recited indenture of the day of — be considered, construed, or taken to be a mortgage or security mortgage. for money, or anything in the nature of a mortgage or security for money ; nor shall the same give, or be construed to give, unto the said [vendor], his heirs, executors, administrators, or assigns, any right, title, or equity, to redeem the said premises, upon payment of the said purchase-money or sum of £with interest: PROVIDED ALSO, that in case the deeds and In case the writings mentioned in the second schedule hereunder written be delivered, shall, previously to any such notice as aforesaid, or to the agreement to
be void. expiration of the said six calendar months, for which such notice shall be given or left as aforesaid, be found and delivered to the said (purchaser], his heirs or assigns, whole
not to be
18–, deemed a
and undefaced ; Then, and in such case, these presents, and Repurchase if Title-Deeds every thing herein contained, shall cease and be void. are not found.
IN WITNESS, &c.
XXII. AGREEMENT betueen the Vendors and Pure
chaser of an Estate in Fee-simple, TO REFER TO ARBITRATION the Question whether certain LANDS WERE INCLUDED IN THE CONTRACT; and what COMPENSATION the Vendors should receire in consequence of part of the premises being discovered to be
of a Leasehold Tenure : (very specially draun).
ARTICLES OF AGREEMENT, made the day Parties. of
18—, Between [three vendors], of &c. (devisees in trust, and executors named in the will of (testator], late of &c., esquire, deceased), of the one part; and (purchaser],
of &c., of the other part. Recital of WHEREAS the said (rendors], as devisees in trust as aforesale of certain said, in the year 18–, by writing under their hands, conpremises in tracted with the said (purchaser] for the absolute sale to him fee. of the several manors of
and ; and of divers farms, lands, and hereditaments, situate in the county of
and the inheritance thereof, in fee-simple, at the price of £
; Among which hereditaments so contracted to be sold are included a farm and lands called Acre Farm; and also certain lands called Evergreen Lands; and also a house and gate-room hereinafter mentioned; which sale so
made to the said (purchaser] has not yet been completed. Recital of AND WHEREAS the whole of the said farm and lands called agreement to relinquish
Acre Farm, and now let upon lease, under the yearly rent of part of pre- £
is included in the contract for the sale, so agreed to mises, and allow propor. be made to the said [purchaser] as aforesaid ; and as the said tion of rent; (purchaser], at the request of the said [vendors ], hath consented compensation. and agreed, that such part of the said farm called Acre Farm, and containing
roods, and perches, or thereabouts, as is specified in the schedule hereunder
lease of copy•
written, shall be discharged from the said contract, and that XXII. On the said (purchaser) shall be allowed out of the said purchase- Purchase, money a compensation for the loss of the part so discharged; Disputes to and that the said (purchaser) should be entitled to the yearly
Arbitration. rent of Capportioned rent], to be paid in respect of the part of Acre Farm aforesaid, which is retained by, and intended to be conveyed to the said [purchaser], as the apportioned part of the said yearly rent of [whole rent]. AND WHEREAS it has Recital of been agreed between the said [vendors] and [purchaser], that leave value of
agreement to the value of the lands specified in the schedule hereunder premises re
linquished to written, being part of Acre Farm aforesaid, shall be ascer- arbitration, tained by two indifferent persons, one of whom shall be or umpirage. chosen by the said [rendors], and the other of them by the said (purchaser]; and that in case such two persons shall not agree in their valuation, then the same shall be ascertained by such one person as the said two first referees shall for that purpose appoint; and the value of the said lands so to be ascertained shall be deducted by the said (purchaser], out of his said purchase-money, by way of compensation. And Recital of WHEREAS by an indenture dated the
*, hold lands by and expressed to be made between [one of the lessors], of &c., two tenants widow, of the first part; [the other lessor], of &c., spinster, of life, for the second part; and [lessee), of &c., of the third part; Re- twenty one
years, if they citing a license bearing date the the hand of the deputy steward of the manor of
tively so long
live, with the said [first-named lessor), to let to farm to the said [lessee] separate her moiety of the cottage at
in the manor aforesaid, steward. for the term of twenty-one years from the 29th day of September then last, if the said [first lessor] should so long live; And also a license dated the
under the hand of the said deputy steward of the same manor, to the said [first lessor], to let to farm to the said [lessce], a moiety of one barn and gate-room, and half a yard of land, called the
containing acres; And also a moiety of a close of land called
containing acres; And also a moiety of those four closes of land, containing
in the manor aforesaid, for the term of twenty-one years from the 29th day of September then last, if the said [first lessor] should so long live; And also, a license dated the
day of under the hand of the said deputy steward, to the said [second lessor], to let to farm unto the
in common for
under should respec
XXII. On said [lessee] her moiety of the aforesaid cottage in
for the term of twenty-one years from the 29th day of Disputes to September then last, if the said [second lessor] should so Arbitration.
long live; And also, a license dated the
under the hand of the said deputy steward, to the said [second lessor], to let to farm to the said [lessee] her moiety of the hereinbefore mentioned barn and gate-room, and half a yard of land called ; And also one moiety of a close of land called
acres ; And also, a moiety of the said four closes of land called
-; for the term of twenty-one years from the day of September then last past, if the said [second lessoi] should so long live; And further reciting, that the said [lessors] were entitled to one moiety each of and in All that meadow or pasture ground, containing by estimation acres, lying and being in aforesaid, and then in the tenure or occupation of during the term of their natural lives; It was witnessed, that the said [lessors] did demise, and to farm let unto the said [lessee], All their aforesaid undivided moieties of and in the several copyhold messuages and tenements above mentioned; And all their aforesaid undivided moiety, or half part each, of and in All that meadow or pasture ground above mentioned; All which premises were then in the tenures or occupations of the said [lessee and others] ; To hold the same unto the said [lessee], his executors, administrators, and assigns, from the 29th day of September then last past, for the term of twentyone years, if the said [first lessor] and second lessor] should so long live; At the yearly rent of £
> payable half yearly, as therein mentioned; And subject to the covenants Recital, that and agreements therein contained. AND WHEREAS the lease was lease granted to the said [lessce], as aforesaid, was so granted granted in trust for tes. to him in trust for the said [testator], deceased. AND Recital of dif- WHEREAS the said [purchaser] contends, that the premises ference be- herein before mentioned to be comprised in the said indenand purcha- ture of lease, of the
, are included, or ser, whether
were intended to be comprised in the contract for sale, so leaseholds were includod made between him and the said [vendors], as aforesaid ; And
the said [purchaser] claims a compensation, to be deducted out of his said purchase-money, and the amount thereof to be settled as hereinafter mentioned, for the difference in value in the same premises, between a freehold and