Now therefore, this indenture witnesseth: That the said A. B., in consideration of the premises and of the sum of one dollar to him paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath bargained, sold, released, conveyed and confirmed, and by these presents doth bargain, sell, release, convey and confirm, unto the said party of the second part, all that certain lot of land, situate in the town of bounded and described as follows: [here insert description of the premises,] together with all the tenements, hereditaments and appurtenances thereto belonging, and the reversions, remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well at law as in equity, of the said party of the first part, in the above described premises, with the appurtenances.

To have and to hold the above mentioned and described premises, together with the appurtenances, unto the said C. D. [the trustee,] his successors and assigns.

In trust, and upon the uses, trusts, and purposes hereinafter mentioned, viz. :

First. To lease the same, and to take, collect, and receive, the rents, issues, and profits thereof; and out of the same to keep the said premises in good order and repair, and properly insured, and pay all taxes, assessments, and charges, that may be imposed thereon.

Second. To pay the residue of such rents, issues, and income, to the said S. B., upon her [or his] sole and separate receipt, to the intent and purpose that she may enjoy, possess, and have, the same, [free from the control, interference, or liability of any husband she may hereafter have, during the term of her natural life.]

Third. To convey the said land and premises to such person or persons as she, [or he,] the said M. B., by her last will and testament, or by an instrument in the nature of a last will and testament, subscribed by her in the presence of three credible witnesses, notwithstanding her coverture, may direct and appoint.

And the said A. B. hereby declares, that upon the decease of said M. B., the said trusts hereby created shall cease and determine, and the land and premises above described shall belong in fee simple absolute to such person or persons as the said M. B. shall, as aforesaid, direct and appoint: and in default of such appointment, shall revert to the said A. B., the grantor herein named, and to his heirs, to his and their sole use, benefit, and behoof forever.

And the said party of the second part doth hereby signify his acceptance of this trust, and doth hereby covenant and agree, to and with the said party of the first part, faithfully to discharge and execute the same, according to the true intent and meaning of these presents.

In witness whereof, the parties have hereunto set their hands and seals, the day and year first above written. A. B. [L. S.] C. D. [L. S.]

Signed, sealed and delivered in presence of

28 TRUST DEED TO SECURE PERFORMANCE OF SOME DUTY OR PAYMENT OF A DEBT.

This Indenture witnesseth, that [here insert name and residence of grantor,] in consideration of the indebtedness hereafter named, and of other considerations proceeding from [here insert name and residence of grantee,] receipt whereof is hereby acknowledged, do hereby grant, sell, and convey, unto the said grantee, the following parcel of land: [here insert description,] with all hereditaments and appurtenances thereto appertaining.

To have and to hold the premises aforesaid, with the appurtenances, to said grantee, his heirs and assigns, in trust however, to and for the following uses and purposes: Whereas the grantor is indebted upon a certain bond bearing even date herewith, payable to [here describe the bond, note, contract, or other evidence of indebtedness, or set forth the debt or duty, to be paid or performed.]

Now, if said grantor shall fully pay said indebtedness according to the tenor of said instrument, and shall fully and in all respects perform as is therein set forth on his part to be performed, then, and in that case, said grantee or his legal representatives shall reconvey the estate, hereinbefore described, to said grantor, his heirs or assigns. And provided, that said grantor, his heirs and assigns, may remain in possession and take the rents, issues, and profits of said estate, until default be made by him. And in case of such default in payment of said indebtedness, or any part thereof, or in the performance of any other matter or thing set forth in said instrument, on the part of said grantor to be performed, then, and in that case, upon the application of the party to whom said indebtedness shall be due, the grantee may sell the granted premises, with all improvements that may be therein, at public auction in said first publishing a notice of the time and place of sale, once each week for three successive weeks, in one or more newspapers published in aforesaid, and may convey the same by proper deed or deeds to the purchaser or purchasers, absolutely and in fee simple and such sale and conveyance shall forever bar the grantor and all persons claiming under him from all right and interest in the granted premises, whether at law or in equity. And the proceeds of the sale shall be applied as follows: First, to the payment of all advances made by said party of the second part for taxes, assessments, or other burdens properly coming upon said premises, and expenses of advertising, selling, and conveying as aforesaid, including reasonable counsel fees. Second, to the amount due upon said indebtedness, with all accruing interest and proper charges and Third, rendering the overplus, if any there be, to said grantor or his assigns, at the office of said grantee in on demand. It shall not be obligatory upon the purchaser, to see to the application of the purchase money.

:

And the said grantor, for himself and his assigns, covenants with said grantee and his assigns, that he is seized in fee of the premises aforesaid; that he has good right to convey and sell the same in manner aforesaid; that they are free from

all liens and incumbrances of whatever nature; that he will warrant and defend the same against the lawful claims and demands of all persons; and that he will pay all taxes, assessments for improvements, and charges of every nature, which may come upon said premises while he shall remain in possession thereof, as hereinbefore stipulated. Witness the hand and seal of

this

day of

29. TRUSTEES' DEED, UPON SALE UPON DEFAULT OF

, party of the first part, and

party of the second part, witnesseth: That whereas one [here insert the name of the party who conveys the estate to the trustees,] by his deed of the day of

18

, re

corded Book , page , conveyed the estate hereinafter described to said [here insert the name of grantors,] to sesure payment of certain indebtedness and performance of certain agreements, as in said deed (a copy whereof is hereto annexed,) is fully set forth: and whereas default has been made by the said [here set forth the default,] and the party of the first part herein, acting pursuant to the request of the party to whom said indebtedness was due, and according to the provisions of said deed of trust, having first published a notice of the time and place of sale once each week for three successive weeks in one or more newspapers published in (as appears by copy of such advertisement and certificate of publication hereto annexed,) did sell the property described in said deed at public auction, at said on said day of , 18, when and where the same was duly disposed of to said [here insert the name of grantee,] as the highest bidder therefor, at the

sum of

dollars, payment whereof is hereby acknowledged: Now, therefore, said party of the first part, in pursuance of the proceedings aforesaid and of the powers given him in and by said trust deed, in consideration of said sum, to wit: dollars, to him paid by said party of the second part, hereby grants, sells, and conveys, to said all the right, title, and interest, which, by force of said trust deed and the proceedings aforesaid, he is empowered to grant, sell, or convey, in and to the estate described in said deed of trust, as follows: [here insert description of the estate.]

To have and to hold said estate to said heirs and assigns forever.

his

In witness whereof, the said party of the first part has set his hand and seal, the day and year above written.

to me

Then personally appeared before me

known to be the person whose name is subscribed to the foregoing instrument of conveyance as grantor therein, and acknowledged the same to be his free act and deed.

[Signature and official designation.]

30. DEED FROM A MASTER OR RECEIVER UNDER AN ORDER OF COURT.

[here set forth the official character of the grantor, whether master or receiver, and of what estate,] at the

term of

A. D. 18

which

in a proceeding then pending in said court, in was plaintiff and

was defendant,

the purpose of which was, to obtain an order for the sale of

on the

day of