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For further assurance.
other gifts, grants, bargains, sales, jointures, dowers, uses, trusts, intails, wills, statutes, With Liberty to judgments, executions, rents, sum and sums of Twelve Months. money, forfeitures, re-entries, and all other estates, titles, troubles, charges and incumbrances whatsoever, had, made, executed, occasioned or suffered by the said (relessor) or the said (his father) deceased, or any person or persons whomsoever claiming or to claim, by, from or under, or in trust for them or either of them; and except the rents, covenants and agreements to be henceforth paid, performed and observed in respect of the said leasehold premises, and the proviso hereinbefore contained for re-purchase of all and singular premises hereinbefore released, or intended so to be. AND FURTHER, that he the said (relessor) and his heirs, and all and every other person and persons whomsoever having or claiming, or who shall or may have or claim any estate right, title, interest, at law or in equity, in, to, or out of the said messuage, closes of land and other hereditaments hereby released, or intended so to be, or any of them, or any part thereof, by, from or under, or in trust for him the said (relessor) or the said (his father) respectively, shall and will from time to time and at all times hereafter, upon every reasonable request, and at the proper costs and charges of the said (relessee) his heirs or assigns, do and execute, or cause and procure to be made, done and executed all and singular such further and other lawful and reasonable acts, deeds, things, conveyances and assurances in the law whatsoever, for the further, better, and more absolutely granting, conveying,
and assuring the said messuage, closes of land and other hereditaments hereby released, or intended so to be, and every part thereof, with their Declaration of and every of their appurtenances, unto and to the use of the said (relessee) his heirs and assigns, according to the respective natures or legal qualities thereof, subject as aforesaid, as by him or them, or his or their counsel in the law shall be reasonably devised or advised and required. WITNESS, &c.
The Declaration of Trusts.
THIS INDENTURE, made, &c. BETWEEN (re- Parties. lessor in last precedent) of, &c. of the one part, and (the relessee in same) of the other part. WHEREAS the said
is and stands justly Recites debt.
and truly indebted to the said gage bonds and other specialty securities, and also upon promissory notes and for monies advanced and paid on his account and at his request in several sums of money, amounting together to as the said (relessor) doth hereby acknowledge. AND WHEREAS by indentures of Last precedent. lease and release, the lease bearing date before the day of the date of the release, and the release bearing even date with these presents, and made or expressed to be made between the said (relessor) of the one part, and the said (relessee) of the other part, reciting the said debt of AND RECITING among other things that the said (relessor) had agreed to convey the therein mentioned fee-simple messuage, and the therein mentioned parcels of land held by lease for lives
CONVEY- unto the said (relessee) in discharge or satisfacbut with liberty for
tion of said debt of
Declaration of the said (relessor) or his heirs, executors, and administrators, to re-purchase the same premises for the said sum of at any times within twelve calendar months from the date thereof, but not afterwards: IT IS WITNESSED, that in pursuance of the said agreement, and in consideration that the said (relessor) had delivered up all the securities for the said sum of , or any
Value of the premises.
part thereof, unto the said (relessor) to be can-
the same several premises unto and to the use of the said (relessee) his heirs and assigns, according to the respective tenures or legal qualities thereof, but subject to a proviso therein contained enabling the said (relessor) or his heirs, to repurchase all the same premises at or any time before the end of twelve calendar months next ensuing, (but not afterwards) on giving days previous notice, and on payment of the sum of unto the said (relessee) his executors, administrators, or assigns. AND WHEREAS the
the Trusts thereof.
computed value of the said messuage, lands, and CONVEYpremises comprised in the said recited lease, is much less; and therefore, although the same premises are thereby absolutely conveyed to said (retessee) in discharge of the same debt, yet the Actual intent of actual intent and agreement of the parties hereto the parties. was and is that the same premises should be vested in the said (relessee) in order to sell the same at the end of twelve calendar months, if his said debt should not be paid to him with interest within that period, and to apply the money arising thereby as far as it will extend towards the discharge of the same, and interest; and that the said (relessor) should enter into and covenant with the said (relessee) for payment of the deficiency of such produce in manner hereinafter mentioned; and the said recited conveyance was made absolute as aforesaid, the better to enable the said (relessee) to carry the aforesaid purpose into effect. NOW THEREFORE THIS INDENTURE Declaration. WITNESSETH, that the said (relessor) doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said (relessee) his executors, administrators, and assigns, that in case the said (relessor) or his heirs shall not re purchase the messuage, lands, and hereditaments comprised in the said indenture of release of equal date herewith according to the said proviso therein for that purpose contained, then and in such case, if the clear money to arise and be produced by the sale to be made by the said (relessee) his heirs or assigns, of the same premises, and the rents and profits thereof, until the same shall be so sold, shall prove insufficient to satisfy and discharge the said debt or sum of
so owing to him as aforesaid, together with interest for the same after the rate of
Declaration of for
the Trusts thereof.
for a year, he the said (relessor) his heirs, executors, or administrators, shall and will within calendar months next after sale of all the same premises, well and truly pay or cause to be paid unto the said (relessee) his executors, administrators, or assigns, so much or such part of the said debt of and the interest thereof, as the produce of such sale, and such rents and profits as aforesaid shall be insufficient to satisfy. AND LASTLY, the said (relessee) doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree with and to the said (relessor) his executors, administrators, and assigns, to render to him or them a true and faithful account of all monies to be produced by such sale and of such rents and profits as aforesaid; and also that if such monies, rents, and profits shall prove more than sufficient to pay the aforesaid debt of and the interest thereof, together with all costs and expences attending such sale, then and thereupon the said (relessee) his heirs, executors, or administrators shall and will duly pay or cause to be paid the residue or surplus thereof, unto the said (relessor) his executors, administrators, or assigns., IN WITNESS, &c.