Lapas attēli
PDF
ePub

(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

our Lord one thousand nine hundred and

until the
nine hundred and

day of

[ocr errors]

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 consideration 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 upon 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 he 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 incumrances, 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 herein 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 diminution, 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 o, 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 'aw, 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 verplus 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 exerution 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, administrators, 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

term as aforesaid, and if he shall remain in possession of the same after 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.

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

In Presence of

STATE OF

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

SS.

COUNTY OF

I,

Justice of the Peace in and for said county, do hereby certify that this lease and mortgage was duly acknowledged before me by the above-named (name of lessee) this

(225.)

day of

A Building Lease.

A.D. 18. (Seal.)

This Deed of Lease, Made and entered into, in duplicate, this

A.D. 19 between (name of lessor) of

[ocr errors]

day of

of

and State of

[blocks in formation]

County

party of the first part, and (name

and State of

party of the second part:

Witnesseth, That the said party of the first part, in consideration of the covenants, agreements, and stipulations hereinafter mentioned, as well as the yearly rent of dollars, to be paid to him in four equal quarterly

payments in each year (the first payment to be made on the day of

A.D. 19 ), doth by these presents lease to the said party years, which said term begins on 19 , the following-described lot of land, to

of the second part for the term of
the
day of

wit (here describe the premises as in Form 211).

The said party of the second part, for himself and his heirs, hereby covenants with said lessor and his heirs to pay said rent as aforesaid, and also to pay all city, county, and State taxes, and all other taxes and demands of every description, nature, or kind whatever, which may from time to time be legally required or demanded of said premises, whether general tax or special

tax.

Every failure, first, to pay the said rent, or any part thereof, when it is respectively made payable; or, second, to pay the said city, county, and State taxes, and all other taxes and demands, or any part thereof (legally required or demanded of said premises, within the year the same shall become due, assessed to either said lessor, his heirs or representatives, or

to said lessee or his representatives); or, third, to keep and perform any of the other covenants, agreements, or stipulations herein mentioned, shall make and create a forfeiture of this lease, and a termination of the term for which the above premises were let, and all the estate hereby conveyed shall be absolutely void, if so determined, at any day or time however distant, after such failure, by notice in writing to that effect, given by said lessor, his heirs or assigns, to said lessee or his assigns; which said notice may be served by posting a copy or duplicate of the same up at one of the most public places on said premises, or by delivering a copy or duplicate of such notice to said lessee or his assigns.

This lease of said premises, or any part thereof, is not to be assigned, under penalty of forfeiture, without the written consent of said lessor, his heirs or assigns. At the expiration of this lease, the said premises to be delivered to said lessor, his heirs or assigns. The said lessee, and all who hold under him, hereby engage to pay double rent for every day they or any one else in their name shall hold on to the whole or any part of said prem ises, after the expiration of this lease, or after forfeiture thereof.

The said lessee is, under penalty of forfeiture, bound to keep said premmises free from any disorderly, bawdy, or gambling establishments, dramshops, tippling-shops, beer-houses, or any nuisances whatsoever. And in case of any forfeiture of this lease, the said lessor, his heirs and assigns, may forthwith take possession of said premises, with all the improvements thereon, and shall be entitled to the same, any custom, usage, or law to the contrary notwithstanding.

All improvements erected on said premises by said lessee or his assigns, or by any one who may claim under them, are bound for the payment of each quarterly installment of rent, and for the city, county, and State taxes, an all other taxes and demands as aforesaid, and for any arrears of rent o taxes; and in case of the punctual payment of the rent and taxes, as herei specified, the said lessee or his assigns is hereby authorized to remove a such improvements (and no others), at the expiration of this lease, which h or any one who may claim under him, may have erected on said premises during said term.

In Testimony Whereof, The parties hereto have hereunto set their hands and seals to duplicate leases the day and year aforesaid.

[blocks in formation]

between (name and

of our Lord one thousand nine hundred and residence of the lessor) of the first part, and (name and residence of the lessee) of the second part, witnesseth, That the said party of the first part, for and in

« iepriekšējāTurpināt »