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 term as aforesaid; and if he shall remain in the possession of the same days after notice of such default, or after the termination of this lease, in any of the ways above named, he shall be deemed guilty of a forcible detainer of said demised premises, and shall be subject to all the conditions and provisions above named, and to eviction and removal, forcibly or otherwise, with or without process of law, as above stated. And it is further covenanted and agreed by and between the parties, tha the party of the second part 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. In Testimony Whereof, The said parties have hereunto set their hands and seals the day and year first above written. between (name and our Lord one thousand nine hundred and residence of lessor) party of the first part, and (name and residence of lessee) party 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 party of the second part, hath demised and leased to the party of the second part, all those premises situate in the of in the County of and State of known and described as follows, to wit (here give such description of the premises as shall identify them, and distinguish them from any other). To Have and to Hold The above described premises, with the appurtenances, unto the party of the second part, from the day of in the year of our Lord one thousand eight hundred and for and during, and until the . And the party of the second part, in consideration of the leasing of the premises aforesaid, does covenant and agree with the party of the first part to pay to the party of the first part as rent for said demised premises, at the office of in the sum of (state the sum to be paid as annual rent) in four equal quarterly payments, each of them the sum of dollars, to be paid on the first (or other) day of the month of (the four months in which the rent is payable) in each year (or describe otherwise the terms and times of the payments as they may have been agreed upon); and also that the said party of the second part will pay, or cause to be paid, all water-rates, and all taxes, and assessments that may be laid, charged or assessed on said demised premises pending the existence of this lease; or if at any time after any tax, assessment, or water-rate shall have become due or payable, the party of the second part, or his legal representatives, shall neglect to pay such water rates, tax, or assessment, it may be lawful for the party of the first part to pay the same at any time thereafter, and the amount of any and all such payments so made by the party of the first part shall be deemed and taken, and are hereby declared to be, so much additional and further rent, for the above demised premises, due from and payable by the party of the second part; and may be collected in the same manner, by distress or otherwise, as is hereinafter provided for the collection of other rents to grow due thereon. And it is expressly understood and agreed by the said party of the second part hereto, for himself and his heirs, executors, administrators, and assigns, that the whole amount of rent reserved, and agreed to be paid for said above demised premises, and each and every installment thereof, shall be and is hereby declared to be a valid and first lien upon any and all buildings and improvements on said premises, or that may at any time be erected, placed, or put on said premises by said party of the second part, or his heirs, exec. utors, and administrators, or assigns, and upon his or their interest in this lease, and the premises hereby demised; and that whenever, and as often as any installment of rent or any other amount above declared to be deemed and taken as rent, shall become due and remain unpaid for one day after the same becomes due and payable, said party of the first part, his heirs, executors, administrators, agent, attorney, or assigns, may sell at public auction to the highest bidder for cash, after having first given ten days' notice of the time and place of such sale in some newspaper published in all the buildings and improvements on said premises, and all the right, title, and interest acquired by said party of the second part, under this lease, to the premises herein described, and as the attorney of the said party of the second part-hereby irrevocably constituted-may make to the purchaser or purchasers thereof, a suitable and proper transfer bill of sale or deed of the same—and out of the proceeds arising from such sale, after first paying all costs and expenses of such sale, including commissions and attorney's fees -retain to himself the whole amount due on said lease up to the date of said sale, rendering the surplus (if any) to said party of the second part, his heirs, executors, administrators, agent, attorney, or assigns, which sale shall be a perpetual bar to and against all rights and equities of said party of the second part, his heirs and assigns in and to the property sold. And the party of the second part further covenants with the party of the first part, that, at the expiration of the time in this lease mentioned, he will yield up said demised premises to the party of the first part, in as good condition as when the same were entered upon by the party of the second part, loss by fire, or inevitable accident and ordinary wear excepted. 40 It is further agreed by the party of the second part, that neither he nor his legal representatives will underlet said premises, or any part thereof, or assign this lease, without the written assent of said party of the first part first had and obtained thereunto, nor use or suffer them to be used for any purpose calculated to injure the reputation of the premises, or of the neighborhood, or to impair the value of the surrounding neighborhood property for present use or otherwise. It is Expressly Understood and Agreed, By and between the parties aforesaid, that if the rent above reserved, 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 party of the second part, executors, administrators, or assigns, it shall and may be lawful for the party of the first part, or 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 the 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 und enjoy, as of his or their first and former estate; and to distrain for any rent that may be due thereon, upon any property belonging to the party of the second part, whether the same be exempt from execution and distress by law or not; and the party of the second part, in that case, hereby waives all legal rights which he now has or may have, to hold or retain any such property under any exemption laws now in force in this State, or in any other way; meaning and intending hereby to give the party of the first part, his heirs, executors, administrators, agent, attorney, or assigns, a valid and first lien upon any and all the goods, chattels, or other property belonging to the party of the second part, as se curity for the payment of said rent, in manner aforesaid, anything hereinbe fore contained to the contrary notwithstanding. And if at any time sai term shall be ended at such election of said party of the first part, or hi. heirs, executors, administrators, agent, attorney, or assigns, as aforesaid, or in any other way, the party of the second part does hereby covenant and agree to surrender and deliver up said above described premises and property peaceably to the party of the first part, or his heirs, executors, administrators, agent, attorney, or assigns, immediately upon the determination of said term as aforesaid; and if the said party of the second part, or his legal representatives, shall remain in possession of the same one day after notice of such default, or after the termination of this lease, in any of the ways above named, he or they shall be deemed guilty of a forcible detainer of the premises, and shall be subject to all the conditions and provisions above named, and to eviction and removal, forcibly or otherwise, with or without process of law, as above stated. And it is further understood and agreed by the said party of the 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 kase 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 also 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 hereditaments 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 named above mentioned. the sum of being the full consideration money (Witness.) On the day of (Signature of the assignor.) Anno Domini, 19, before me, 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) |