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Assignment of judgment.
ASSIGN- chasers) or either of them, their or either of their heirs or assigns shall be lawfully and reasonably of Annuity advised, or advised and required. AND THIS Judgment. INDENTURE FURTHER WITNESSETH, that, for the considerations aforesaid, and also for and in consideration of the sum of 5s. of like lawful money by the said (new trustee) to the said (grantee) at or before the sealing and delivery of these presents paid, the receipt whereof is hereby acknowledged, HE the said (grantee) at the request and by the direction and appointment of the said (three purchasers) (testified by their being parties to and severally sealing and delivering these presents) HATH granted, bargained, sold, assigned, transferred and set over, and by
these presents DOTH grant, bargain, and sell, assign, transfer and set over unto the said (new trustee) his executors, administrators, and assigns, the said judgment hereinbefore mentioned, and all benefit and advantage thereof, and all monies thereby secured, or which can be recovered thereupon; and all the powers and remedies which the said (grantee) HATH for the recovery or getting in the same, or for suing out execution upon or otherwise prosecuting the said judgment, Habendum in TO HAVE, HOLD, perceive, receive, and take the ing the payment same unto the said (new trustee) his executors,
trust for secur
administrators, and assigns, upon trust, for better securing to the said (three purchasers) and their heirs and assigns, the due and punctual payment of the said annual sum or yearly rent charge hereby granted and conveyed as aforesaid on the days or times hereby before mentioned for payment thereof, and all arrears thereof, and all costs and charges to be incurred or sustained in reco
vering and receiving the same. AND for the purposes last mentioned, the said (grantee) HATH nominated, constituted and appointed, and by these presents DOTH nominate, constitute, and appoint the said (new trustee) his true and lawful attorney in the name of him the said (grantee) or attorney to su otherwise to sue forth and prosecute any writ or writs of execution and any other proceeding upon the said judgment; and in respect thereof to do, perform, and execute every other act, matter, and thing whatsoever, as fully, amply, and effectually, to all intents and purposes, as he the said (grantee) could do in his proper person, or as he, his heirs, executors, or administrators could or might have done if these presents had not been made. AND the said (grantee) for himself, his Covenant that judgment is in heirs, executors, and administrators, DOTH Cove- full force. nant, promise, and agree, to and with the said (new trustee) his executors, administrators, and assigns by these presents, in the manner following, (that is to say) that he the said (grantee) hath not at any time heretofore made, done, committed, or suffered any act, matter, or thing whatsoever, whereby or by means whereof the judgment mentioned to be hereby assigned as aforesaid, is, can, or may be assigned, released, discharged, or vacated. AND ALSO, that he the said (grantee) Covenant to his heirs, executors, or administrators, shall and firm all acts of will at all times hereafter, justify and allow, ra- not to revoke tify and confirm, all and whatsoever the said (new judgment. trustee) his executors or administrators, shall or may lawfully dó or cause to be done, in or about the premises; and that he the said (grantee) his heirs, executors, or administrators, shall not nor will revoke or make void the powers and autho
justify and con
rities hereby or in pursuance thereof to be given to the said (new trustee) his executors, adminisor Annuity trators, or assigns; nor release, discharge, or vacate the said judgment, or the monies thereby secured or recoverable thereupon; nor do any thing to impede or delay any proceedings to be hereafter had upon the said judgment; nor otherwise act or interfere in or about the premises than as the said (new trustee) his executors, administrators, or assigns shall or may direct or Further assur- require. AND MOREOVER that he the said (grantee) his heirs, executors, or administrators, shall and will at any time or times hereafter, at the request of the said (new trustee) his executors, administrators, or assigns, make, do, and execute all such further or other lawful and reasonable acts and act, things and thing, assignments and assurances in the law whatsoever for the better empowering and enabling the said (new trustee) his executors, administrators, and assigns, to make use of, and take all benefit and advantage of the said judgment, or to acknowledge satisfaction upon the record thereof as by the said (new trustee) his executors, administrators, or assigns, or his, their, or any of their counsel learned in the law, shall be lawfully and reasonably devised, or advised and required. PROVIDED ALWAYS, and lastly it is hereby agreed and declared that it shall and may be lawful to and for the said (new trustee) his executors and administrators, by and out of the monies which by virtue of these presents, or any proceeding to be had or taken by him or them upon the said judgment, or any of the trusts herein declared shall come to his or their hands,
Trustee may reimburse him
self all expences.
answerable for more than he shall receive.
to deduct and retain to and reimburse himself ASSIGN and themselves, all such costs, charges, and expences as he and they respectively shall or may sustain, expend, or be put unto in or about the Judgment. execution of the trusts hereby in him and them respectively reposed. AND ALSO that the said And not to be (new trustee) his executors, administrators, and assigns, or any of them, shall not be charged or chargeable with or for any sum or sums of money other than such as shall actually come to his and their hands as aforesaid, nor with or for any loss or damage which shall or may happen in or about the premises without his or their respective wilful default. AND WHEREAS certain deeds or instru- Recital of portions charged ments, releases or discharges, whereby the for- on the premises tunes or portions of of the sisters of the
said (grantor) charged upon the said lands and hereditaments hereby assigned in and by the marriage settlement of their late father deceased, were released and discharged; and also the deed or deeds, instrument or instruments, whereby two several mortgages from the said (grantor) to (grantee) for the principal sums of
and , upon or effecting the said hereditaments were re-assigned, re-conveyed, and dis. charged, have not been produced or shewn to them the said (three purchasers) or their agents, but the same releases, discharges, re-assignments, and re-conveyances are now in the bands or custody of
being paid off.
, as he the said (grantee) doth aver and is satisfied. Now THEREFORE THIS Covenant that
the portions are
deeds in the
(three hands of the
INDENTURE FURTHER WITNESSETH, that for paid off, and the satisfaction and security of the said purchasers) in this respect, HE the said (grantee) for himself, his heirs, executors, and admi
nistrators, DoтH, by these presents, further covenant, promise, and agree to and with the said (three purchasers) and each of them, their, and each of their heirs, executors, administrators, and assigns, that the said portions or fortunes provided for and to which the sisters of the said (grantor) became entitled under their said father's marriage settlement, have been satisfied, released, and discharged, and that proper releases and discharges for the same are now in the hands, custody, or power of the said
and also that the said mortgage to the said (grantee) have been paid off and discharged, and the said hereby assigned premises properly reconveyed, released, or discharged from the same, and that such release, discharge, and re-conveyance or re-conveyances are, or is now vested in the hands, custody, or power of the said
And to indem- AND ALSO that he the said (grantee) his heirs, executors, or administrators, or some of them, shall and will from time to time, and at all times hereafter, save, defend, and keep harmless and indemnified the said annual sum or yearly rent charge of
hereby granted, conveyed, or expressed and intended so to be, and also the hereditaments and premises hereby assigned, or expressed and intended so to be, and also the said (three purchasers) and the said (grantee) each and every of them, their and each and every of their heirs, executors, administrators, and assigns, lands, tenements, goods and chattels, of, from, and against the said portions of the said sisters of the said (grantor) and of and from the said mortgage of the said and the principal monies thereby secured; and of and from