Lapas attēli
PDF
ePub

second part, that neither the right given in this lease, to said party of the first part, to collect the rent that may be due under the terms of this lease by sale, or any proceedings under the same, shall in any way affect the right of said party of the first part to declare this lease void, and the term hereby created ended, as above provided upon default made by said party of the second part.

And the said party of the first part hereby waives his right to any notice from said party of the second part, of his election to declare this lease at an end, under any of its provisions, or any demand for the payment of rent, or the possession of premises leased herein; but the simple fact of the nonpayment of the rent reserved shall constitute a forcible entry and detainer as aforesaid.

And said party of the second part further agrees not to remove any buildings or other improvements from said premises, without written consent of said party of the first part, and that the said second party shall pay and discharge all costs and attorney's fees and expenses that shall arise from enforcing the covenants of this indenture, by the party of the first part.

It is further understood and agreed, That all the conditions and cov enants contained in this lease shall be binding upon the heirs, executors, administrators, and assigns of the parties to these presents respectively.

In Testimony Whereof, The said parties have hereunto set their hands and seals, the day and year first above written.

(Signature of the lessor.) (Seal.) (Signature of the lessee.) (Seal.)

Signed, Sealed, and Delivered in Presence of

(223.)

An Assignment of Lease, and Ground-Rent.

day of

in the year

between (name and

This Indenture, made the of our Lord one thousand nine hundred and residence of the assignor) party of the first part, and (name and residence of the assignee) party of the second part, witnesseth, That the said party of the first part, for and in consideration of the sum of dollars, lawful

money of the United States of America, unto him in hand well and truly paid by the said party of the second part, at the time of the execution hereof, the receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, assign, release, and confirm unto the said party of the second part a certain indenture, made and executed on the

in the year of our Lord nineteen hundred and

day of whereby

the said party of the first part leased to one (name of the lessee in the lease here assigned) certain premises therein described as follows (here copy the description of the premises in that lease) reserving a certain rent, payable to said party of the first part; that is to say (here state the rent reserved in that

lease) payable (here state the times and terms of payment) together with the said rent to the said party of the first part, payable as aforesaid.

Together with all right and power of entry and distress and of re entry, and all other the covenants, ways, means, and remedies for the recovery thereof, and all and singular the rights, incidents, and appurtenances whatsoever, thereunto belonging, and the reversions and remainders thereof, and all the estate, right, title, interest, property, claim, and demand whatsoever, of him the said party of the first part, or his legal representatives, either in law or equity, as well of, in, and to the said yearly rent or sum hereby granted and assigned, as al o of, in, and to the said lot or piece of ground, with the appurtenances, for and out of which the same rent is issuing and payable. To have and to hold, receive and take, all and singular the hereditaments and premises hereby granted and assigned, with the rights, remedies, incidents, and appurtenances, unto the said party of the second part, his heirs and assigns, to and for the only proper use and behoof of him the said party of the second part, his heirs and assigns forever. And the said party of the first part, and his heirs, all and singular the heredi. taments and premises hereby granted and assigned, with the rights, remedies, incidents, and appurtenances, unto the said party of the second part, and his heirs and assigns, against him the said party of the first part and his heirs, and against all and every other person and persons whomsoever, lawfully claiming or to claim, by, from, or under him or them, or any of them, shall and will warrant and forever defend by these presents.

In Witness Whereof, The said parties to these presents have hereunto Interchangeably set their hands and seals the day and year hereinbefore first written.

(Signature of the assignor.) (Seal.) (Signature of the assignee.) (Seal.)

Sealed and Delivered in the Presence of us, (Witnesses.)

Received the day of the date of the above indenture of the above

[blocks in formation]

personally appeared the above-named (name of the assignor) and in due form of law acknowledged the above indenture to be his free act and deed, and desired the same might be recorded as such. Witness my hand and seal the day and year aforesaid. (Signature.) (Seal)

(224.)

A Lease containing Chattel Mortgage Covenants, to secure the Rent.

day of

in the year of between (name and

This Indenture, Made this our Lord one thousand nine hundred and residence of lessor) of the first part, and (name and residence of lessee) of the second part, witnesseth, That the said party of the first part, for and in consideration of the covenants and agreements hereinafter mentioned, to be kept and performed by the said party of the second part, his executors, administrators, and assigns, has demised and leased to the said party of the second part all those premises situate, lying, and being in the city of

and in the State of

in the County of known and described as follows, to wit (here describe the premises as in Form 211).

To Have and to Hold The said above-described premises, with the appurtenances, unto the said party of the second part, his executors, administrators, and assigns, from the

Gur Lord one thousand nine hundred and until the

nine hundred and

day of

day of

in the year of for and during and

in the year of our Lord one thousand And the said party of the second part,

in consideration of the leasing of the premises aforesaid, by the said party of the first part to the said party of the second part, does covenant and agree with the said party of the first part, his heirs, executors, administra. tors. and assigns, to pay the said party of the first part, as rent for said demised premises, the sum of dollars, in four equal quarterly paypayable (here state the days when

ments of

dollars each ($

the rent should be paid) at the house (or office, or counting-room, or store) of said party of the first part, in said city of

And it is further agreed by the said party of the second part, in 'con. sideration of the leasing of the premises aforesaid, that the said party of the second part shall and will pay, or cause to be paid promptly, as soon as the same becomes due, all assessments for water-rents that may be levied upon said demised premises during the continuance of this lease, and save said premises and the party of the first part harmless from all charges and expenses connected with the supply of water to said premises. And the said party of the second part hereby covenants and agrees, in case of default in the payment of any water-rent levied upon said premises during said term, to pay unto said party of the first part, as liquidated damages for such breach of covenant, double the sum of such rent so assessed upor said premises as aforesaid.

And the said party of the second part further covenants with the said party of the first part, that he will keep said premises in a clean and healthy condition, in accordance with the ordinances of the city, and directions of the proper authorities.

It is further agreed by the said party of the second part, that neither be or his legal representatives will underlet said premises or any part thereof,

or assign this lease, without the written assent of the said party of the first part first had and obtained thereto.

This Indenture Further Witnesseth, That the said party of the second part, for and in consideration of the sum of (insert the whole sum to be paid under the lease) dollars, in hand paid, the receipt whereof is hereby acknowledged, does hereby grant, sell, convey, and confirm unto the said party of the first part, his heirs and assigns, all and singular the following-described goods and chattels, to wit (here give a schedule or list of the articles, describing them sufficiently).

Together with all and singular the appurtenances thereunto belonging or in anywise appertaining: to have and to hold the same unto the said party of the first part, his heirs, executors, administrators, and assigns, to his and their sole use forever. And the said party of the second part, for himself and for his heirs, executors, and administrators, does covenant and agree with the said party of the first part and his heirs, executors, administrators, and assigns, that he is lawfully possessed of the said goods and hattels as of his own property; that the same are free from all incumtrances, and that he will, and his heirs, executors, and administrators shall, warrant and defend the same unto the said party of the first part, and his heirs, executors, administrators, and assigns, against the lawrul claims and demands of all persons.

Provided, Nevertheless, That if the said party of the second part or his heirs, executors, administrators, or assigns, shall well and truly pay, or cause to be paid, unto the said party of the first part or his heirs, executors, administrators, or assigns, the said sum of dollars, rent, above reserved, punctually, and in the manner and at the times and place above mentioned, then and from thenceforth these presents, and every thing hereist contained, shall cease, and be null and void.

And Provided Also, That it shall be lawful for the said party of the second part, his heirs, executors, and administrators, to retain possession of the said granted good and chattels, and at his own expense to keep and to use and enjoy the same, until the said party of the second part, or his heirs, executors, administrators, or assigns, shall make default in the payment of said rent above specified, at the time or times, and in the manner hereinbefore contained, or unless the said party of the first part shall fear diminu tion, removal, or waste for want of proper care, or if the said party of the second part shall sell or assign, or attempt to sell or assign said goods and chattels, or any part thereof, or if any writ issued from any court shall be levied on any part of the above-described goods and chattels-that then, and in any of the aforesaid cases, all of said sum of dollars, above reserved as rent for said demised premises, shall become due and payable, and the said party of the first part, his heirs, executors, administrators, and assigns, agents on attorneys, or any of them, may elect to take possession of the said property, and for that purpose may pursue the same or any part thereof, wherever it may be found, and also may enter any of the

premises of the said party of the second part, with or without force or process of law, wherever the said goods and chattels may be or be supposed to be, and search for the same, and, if found, to take possession of and remove, and sell and dispose of said property, or so much thereof as may be necessary to pay the rent due, and the balance of rent for the whole unexpired term, whether due or not due, at public auction, to the highest bidder, after giving ten days' notice of the time, place, and terms of sale, together with a description of the property to be sold, either by publication in some newspaper in the city of or by similar notices posted up

in three public places in the vicinity of such sale, or at private sale, with or without notice. for cash or on credit, as the said party of the first part, or his heirs, executors, administrators, or assigns, agents or attorneys, or any of them, may elect, and out of the money arising from such sale, to retain, first, all costs and charges for pursuing, searching, taking, removing, keeping, storing, advertising, and selling of such property, goods, chattels, and effects, and all prior liens, together with the rent due, and the balance of rent for the whole unexpired term, whether due or not due, rendering the everplus of the money arising from such sale, and the remainder of said goods and chattels, if any there shall be, unto the said party of the second part, or his legal representatives.

It is Expressly Understood and Agreed, by and between the parties aforesaid, that if the rent above covenanted to be paid, or any part thereof, shall be behind or unpaid on the day of payment whereon the same ought to be paid, as aforesaid, or if default shall be made in any of the covenants herein contained, to be kept by the said party of the second part, his execu tors, administrators, and assigns, it shall and may be lawful for the said party of the first part, his heirs, executors, administrators, agent, attorney, or assigns, at his or their election, to declare said term ended, and into the said demised premises, or any part thereof, either with or without process of law, to re-enter, and that said party of the second part, or any other person or persons occupying, in or upon the same, to expel, remove, and put out, using such force as may be necessary in so doing, and the said premises again to repossess and enjoy, as in his or their first and former estate, and to distrain for any rent that may be due thereon, upon any property belonging to the said party of the second part, whether the same be exempt from execu tion or distress by law or not, and the said party of the second part, in that case, hereby agrees to waive all legal right which he may have to hold or retain any such property, under any exemption-law now in force in this State, or in any other way. And if at any time said term shall be ended at such election of said party of the first part, or his heirs, executors, adminis trators, or assigns, as aforesaid, or in any other way, the said party of the second part, or his executors, administrators, or assigns, does hereby covenant and agree to surrender and deliver up said above-described premises and property, peaceably, to said party of the first part, or his heirs, executors, administrators, and assigns, immediately upon the determination of said

« iepriekšējāTurpināt »