Lapas attēli
PDF
ePub

or interest at the time or any of the times above specified for the payment thereof, and for days thereafter, this agreement, and all the preceding provisions hereof, shall be null and void, and no longer binding, at th3 option of said party of the first part, representatives or assigns; and all the payments which shall then have been made thereon, or in pursuance hereof, absolutely and forever forfeited to the said party of the first part; or at the election of the said party of the first part, representatives and assigns, the covenants and liability of said party of the second part shall continue and remain obligatory upon the said party of the second part, and may be enforced, and the said consideration-money, and every part thereof, with the annual interest as above specified, be collected by proper proceedings in law or equity, from the said party of the second part, heirs, executors, administrators, or assigns.

And it is Further Mutually Covenanted and Agreed, by and between the parties hereto, that in case of default in the payment stipulated to be made by the said party of the second part, or any part thereof, and the election of the party of the first part, representatives or assigns, to consider the foregoing contract of sale at an end, and prior payments for feited, the said party of the second part, heirs, representatives or assigns, who may have possession, or the right of possession, of said premises at the time of such default, or at any time thereafter, shall be considered, and are hereby agreed and declared to be, in law and equity, the tenant or tenants at will said party of the first part, representatives and assigns, on a rent equal to an interest of ten per cent per annum on the whole sum of the purchase-money above specified, payable quarter-yearly in advance from the day of such default in payment of principal or interest. And after such default in payment, and election to consider the above contract of sale as void, the said party of the first part, representatives and assigns, shall and may have and exercise all the powers, rights, and remedies provided by law or equity to collect such rent, or to remove such tenant or tenants, the same as if the relation of landlord and tenant, hereby declared, were created by an original absolute lease for that purpose, on a special rent, payable quarterly on a tenure at will. And that in such case the said tenant or tenanis shall and will pay, or cause to be paid, all taxes, assessments, ordinary and extraordinary, which may be laid or assessed on such premises or any part thereof, during the continuance of such tenancy; and will not permit or suffer any waste or damage to said premises or the appurtenances, but will keep and deliver up, on the termination of such ten: ancy, the said premises and appurtenances, in as good order and repai (ordinary wear and decay, and unavoidable injury by the elements, excepted) as they were in at the commencement of said tenancy. In Witness Whereof, The party of the first part

and the party of the second part, in own proper person, have hereunto respectively set their hands and seals on the day and year first above written.

(Signatures.) (Seals.) Signed, Sealed, and Delivered in Presence of

in the year

11.) An Agreement for Warranty Deed Used in the Western

States. Articles of Agreement, made this day of of our Lord one thousand nine hundred and

between party of the first part, and

party of the second part, Witnesseth, That said party of the first part hereby covenants and agrees, that if the party of the second part shall first make the payment and perform the covenants hereinafter mentioned on part to be made anj performed, the said party of the first part will convey and assure to the party of the second part, in fee simple, clear of all incumbrances whatever, by a good and sufficient warranty deed, the following lot, piece, or parcel of ground, viz. :

And the said party of the second part hereby covenants and agrees to pay to said party of the first part, the sum of

dollars, in the manner following: dollars, cash in hand paid, the receipt whereof is hereby acknowledged, and the balance

with interest at the rate of per centum per annum, payable annually, on the whole sum remaining from time to time unpaid, and to pay all taxes, assessments, or impositions that may be legally levied or imposed upon said land, subsequent to the year 19 And in case of the failure of the said party of the second part to make either of the payments, or perform any

of the covenants on part hereby made and entered into, this contract shall, at the option of the party of the first part, be forfeited and determined, and the party of the second part shall forfeit all payments made by on this contract, and such payments shall be retained by the said party of the first part in full satisfaction and in liquidation of all damages by sustained, and

shall have the right to re-enter and take possession of the premises aforesaid.

It is mutually agreed that all the covenants and agreements herein contained shall extend to and be obligatory upon the heirs, executors, administrators and assigns of the respective parties.

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

(Signatures.) (Seals.) Signed, Sealed, and Delivered in Presence of

(12.) A Contract to convey Real Estate, in Use in the Middle

States This Article of Agreement, Made and entered into the one thousand nine hundred and

between of the first part, and of the second part,

day of

Witnesseth, as follows: The said party of the first part hereby agrees to sell unto the said party of the second part all that parcel of land situated, bounded, and described as follows. That is to say

for the sum of

to be paid by the said party of the second part, in manner and at the times hereinafter mentioned and covenanted, on the part of the said party of the second part: And the said party of the first part further agrees, that on the

on receiving from the said party of the second part the sum of

day of

the said party of the first part shall and will, at at

own proper cost and expense, execute and deliver to the said party of the second part, or to assigns, a proper deed of conveyance, duly. acknowledged, for the conveying and assuring to them the fee simple of the said premises, free from all incumbrances,

which deed of conveyance shall contain a general warranty, and the usual full covenants.

And the said party of the second part hereby agrees to purchase of the said party of the first part the premises above mentioned, at and for the price and sum above mentioned, and to pay to the said party of the first part the purchase-money therefor, in manner and at the times following, to wit:

day of

And it is further agreed by and between the parties to these presents, that the said party of the first part shall have and retain the possession of said premises, and be entitled to the rents and profits thereof until the

when full possession of the same shall be delivered to the said party of the second part, by the said party of the first part:

And it is understood and agreed, that the stipulations aforesaid are to apply to and bind the heirs, executors, administrators, and assigns of the respective parties.

And it is further hereby agreed, that in case the said party of the first part shall fail or refuse to execute and deliver a proper deed of conveyance in manner and at the time and place above specified for that purpose, provided the party of the second part shall be ready to fulfill and perform the covenants then to be fulfilled on

part; or in case the said party of the second part shall fail or refuse to pay the said sum of

at the time and place as above agreed upon, provided the party of the first part shall be ready to deliver such deed of conveyance, as aforesaid ; then the party so failing shall and will pay to the other party, or assigos. the sum of

dollars, which sum is hereby declared, fixed, and agreed

upon, as the liquidated amount of damages to be paid by the party so failing as aforesaid, for

non-performance.

(Signatures.) (Seals.) Signed, Sealed, and Delivered in Presence of

part, and

of

day of

(13.) An Agreement for the Purchase of an Estate, in Use in Nev

England. Articles of Agreement, Had, made, concluded, and agreed upon this day of

A.D.
between

of

of the ona of the other part. First, the said (seller) in consideration of the sum of to him paid by the said (buyer) at or before the sealing and delivery of these presents, and of the further sum cat

to be paid as hereinafter is mentioned, doth hereby for himself, his heirs, executors, and administrators, and every of them, covenant, promise and agree, to and with the said

his heirs, executors, and adminirtrators, and every of them, by these presents, that he the said hii: heirs and assigns (and all and every other person and persons whatsoever claiming or to claim any right, title, or interest under him, or any other person or persons whatsoever, of, in, or to the lands and premises hereinafter mentioned) shall and will, at the proper costs and charges of the said

his heirs and assigns (except fees to counsel), on or before the

next ensuing, by such con. veyances, assurances, ways and means in the law, as he the said

his heirs and assigns, or his or their counsel, shall reasonably devise, advise, or require, well and sufficiently grant, sell, release, convey, and assure to the said and his heirs, or to whom he or they shall appoint or direct, all that situate now in the tenure or occupation of or his assigns, with covenants to be therein contained, that the said premises, at the time of such conveyance, are free from all incum. brances and demands whatsoever (except ) and all other usual an! reasonable covenants. In consideration whereof, the said for himseli, his heirs, executors, administrators, and assigns, doth hereby covenant, promise, and agree to and with the said his heirs, executors, and administrators, by these presents, that he the said his heirs, executors, or administrators, or some of them, shall and will, well and truly, pay, or cause to be paid, unto the said his heirs, executors, or administrators, the aforesaid sum of at the time of executing the said conveyances. And for the true performance of all and every the covenants and agreements aforesaid, each of the said parties to these presents doth hereby bind himself, his heirs, executors, and administrators to the other of them, his heirs, executors, administrators, and assigns in the penal sum of

In Witness Whereof, The said parties to these presents have here unto set their hands and seals the day and year first above written.

(Signatures.) (Seals.) Signed, Sealed, and Delivered in Presence of

An agreement for the sale of lands should always state the covenants, whether of general or special warranty, which it is intended that the contemplated conveyance shall contain.

Covenants. Provisos, and Agreements, which may be

Inserted in the Preceding Form. 1. Covenant that the vendor, before the purchase is completed, shall not commit waste, or grant any new leases.

And also that the said (the seller) shall not nor will, in the mean time, cut down any timber or trees, or commit any waste or spoil whatsoever, in or upon the premises, or any part thereof, nor shall or will grant any new leases of the premises, or any part thereof, without the privity or consent of the said

(the buyer) or his heirs or assigns. 2. Another covenant for the payment of the purchase-money.

And the said (the buyer) doth hereby covenant and agree to and with "le said (the seller) his heirs, executors, and administrators, that upon sealing and executing such conveyance and assurance of the said unto him and them as aforesaid, according to the true intent of these presents, he the said his heirs, executors, or administrators, shall and will pay, or cause to be paid, unto the said his heirs, executors, or administrators, the said sum of in full for the purchase of the said premises. (Or there may be an agreement to retain part of the purchase-money to pay off an incumbrance, as follows: And it is agreed between the said parties that the said

shall or may retain out of the said purchase-money the sum of

for the purpose of paying off the sum of

secured by a mortgage on the said premises, given by the said

to

bearing date when the said sum shall become due by virtue of the said mortgage.

3. This agreement may be inserted :
And it is agreed, that if the counsel of the said

shall not approve of the title of the said to the said premises, this agreement shall be void.

4. This proviso may be inserted:

Provided always, and it is hereby mutually covenanted and agreed, by and between the parties to these presents, for themselves and their respective heirs, in manner as follows, viz: That in case the counsel of the said (the buyer) shall not approve of the title of him the said (the seller) to the said or in case (the buyer) on his view thereof (he not having ever viewed the same) will not proceed in the purchase thereof, and shall and do, within one month next after the date hereof, give notice, in writing, to the said (or to

of

) that he will not purchase the said then and in either of the cases, these presents shall be absolutely

« iepriekšējāTurpināt »