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That the faid A. A. doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree, to and with the said F. F. G. G. and H. his wife, 7. 3. and L. his wife, and M. B. their heirs and asigns, that he the faid A. A. his executors and adminiftrators, thall and will, at all time or times hereafter, at the requeft, costs, and charges of the said D. D. G. G. and H. his wife, 1.7. and L. his wife, and M. B. or any of them, their or any of their heirs or aligns, (unless hindered or prevented by fire, or other inevitable accident) produce and thew forth, or cause and procure the faid indentures of lease and release to be produced and shewn forth unto them the said D. D. G. G. and H. his wife, J. F. and L. bis wife, and M. B. or any of them, their or any of their heirs or alfigns, or in any court of law or equity, or to any council or councils, agents, attornies, or solicitors, or otherwise, as occafion shall be and require, for the better evidencing, maintaining, and proving the respective titles of them the raid D. D. G. G. and H. his wife, 7.4. and L. his wife, and M. B. their respective heirs and alligns, in and to their respective parts and shares of and in the said manors, lands, hereditaments, and premises, in the said indentures comprised, and not fold or conveyed away as aforesaid. In witness &c.

Sealed &c.

An alignment by lease and release of a mortgage in fee, by the

purchaser of the fee, and a grantee (or ajignee) of the former mortgage, to a new mortgagee (or afgnce) wish tbe a sual covenants, and a special one, against felling timber.

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THIS INDENTURE, tripartite, made the

day of in the year of our Lord

and in the

— year of the reign &c. BETWEEN 1. A. of &c. malifter, of the first part ; E.-E. of 8°c. Gent. of the second part; and G. G. of &c. Erq; of the third part; WHEREAS by indentures of lease and release, dated respectively on or about the day of

which were in the vear of our Lord H. H. then of c. Gent, for the confiderations therein mentioned, did grant and convey the capital mefľudge, or farm-house, cloics, lands, and hereditaments herein after granted, and released, or mentioned so to be, with their appurtenances, unto and to the use of L. L. of &c. Efq; and O. L. of Bc. Gent. their heirs and asiigns, by way of mortgage in fee, subject to a proviso, in the said indenture of release contained, for redemption of the premises, on payment of the fom of

pounds principal money, and interest for the feme, at the rate of five pounds in the hundred by the year, by die fuid H. H. his heirs, executors, or administrators, unto the said L. L. and 0. L. their executors, administrators, or afligns, at a day therein for that purpole limited, and long lince paft; AND WHERLAS

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by indentures of lease and release, dated respectively on or about the day of

which were in the year of our Lord and in the

year of the reign&c. the release being made, or mentioned to be made, between the said L. L. and O. L. of the first part; the said H. H. of the second part; and the said A. A. of the third part; (reciting in part to the effect as is herein before recited) and for the confiderations in the same indentures mentioned; the said L. L. and O. L. by the direction and appointment of the said H. H. and also the faid H. H. did grant, release, and convey, all and every the said capital messuage, or farm-house, closes, lands, and hereditaments, herein after granted and released, or mentioned or intended so to be, with their appurtenances, 'unto and to the use of the said A. A. his heirs and assigns, by way of mortgage in fee, subject to a proviso in the said last mentioned indenture of release contained, for redemption of the premises, on payment of the sum of — pounds, principal money, and interest for the same, at the rate of five pounds by the hundred by the year by the said H. H. his heirs, executors, or administrators, unto the said A. A. his executors, ad ministrators, or assigns, at certain days and times therein for that purpose limited and long since past; AND WHEREAS by indenture tripartite, dated on or about the

day of

in the said

year of the reign & c. and made, or mentioned to be made, between the said H. H. and S. bis wife, of the first part and the faid A. A. of the second part; and T. T. Gent. of the third part; the said H. H. did covenant, that he and the faid S. his wife, would, before the end of Easter term then next ensuing, levy one or more fine or fines, unto the said T. T. and his heirs, of all the faid capital messuage, or farm-house, closes, lands, and hereditaments herein after granted, and released, or mentioned, or intended so to be, with their appurtenances ; which said fine or fines, it was thereby declared should be and enure to the use of the faid A. A. bis heirs and alligns for ever, subject to the same proviso for redemption, in the said last recited indenture of release contained, as by the faid several recited indentures and fine, (which was duly levied in pursuance of the said recited covenant in that behalf) relation being thereunto respectively had, may more fully appear; AND WHEREAS the said sum of

pounds, or any part thereof, was not paid unto the said A. A. at the day in the said last recited proviso for that purpose limited, nor at any time since, but yet doth remain due and payable, by means whereof the said eftate and interest of the said, 1. A. of and in the said mortgaged premises, have long since become absolute in law; AND WHEREAS by indenture of lease and release, dated respectively the

day of

which were in the year of our Lord

che said H. H. and S. his wife, for the confiderations therein mentioned, did absolutely grant, convey, and allign, all and every the said capital messuage, or farmhouse, cloles, lands, and hereditaments, herein after granted and released, or mentioned or intended so to be, with their appurtenances, and the right and equity of redemption thereof, unto and to the use of the

faid E. E. his heirs and assigns for ever ; AND WHEREAS all the interest become due for the said principal sum of - pounds, until the day of the date hereof, hath been duly paid and satisfied to the said A. A. by the said E. E, so that the principal sum of pounds only, and no more, now remains due and owing to the said A. A. upon his said recited mortgage and security, which he the faid 1. A. doth hereby own and acknowledge; NOW THIS INDEN. TURE WITNESSETH, That for and in consideration of the sum of

pounds, of lawful money of Great Britain to the said A. A. in hand well and truly paid by the faid G. G. at or before the sealing and delivery of these presents, at the request, and by the direction and appointment, and as the proper debt of the said E. E. (testified by his being a party to, and his sealing and delivery of these presents), in full of all monies now due and owing to the said A. A. upon his faid recited mortgage and security, the receipt and payment of which said sum of

pounds accordingly he the said A. A. doth hereby acknowledge, and thereof, and therefrom, and of and from every part thereof, doth acquit, release, and discharge the said G. G. and É. E. and each of them, their and each of their heirs, executors, administrators, and assigns, and every of them for ever by these presents : and in consideration of the sum of

of like money to the said E. E. in hand paid by the said G. G. at or before the execution of these presents, the receipt whereof is hereby acknowledged, the said A. A. at the request, and by the direction and appointment of the said E. E. (testified as aforesaid), and also the said E. E, HAVE, and each of them HATH, granted, bargained, sold, released, and confirmed, and by these presents DO, and each of them DOTH, grant, bargain, sell, release, and confirm unto the said G. G. his heirs and afligns, all that capital messuage or farm-house, called or by whatsoever other name the same is, or hath been called or known, together with all houses, out-houses, dove-houses, edifices, buildings, barns, ftables, yards, gardens, orchards, backsides, and hereditaments whatsoever thereunto belonging, or appertaining, or therewith used and enjoyed, situate, lying, and being in – aforesaid, in the said county of, and now or late in the tenure or occupation of W. W. his under tenants or afligns; and also all those ten acres of pasture ground, be the same more or less, in aforesaid, adjoining or near unto the said capital messuage, late in the tenure or occupation of the said H. H. but now of the said W. W. his under tenants or alligns, (here follow more parcels); and also all other the freehold lands, meadows, pastures, woods, wood-grounds, underwoods, rents, and other hereditaments whatsoever, late of the faid H, H. or now of the said A. A. and E. E. or either of them, in

- aforesaid, or in any other town, parish, or place, thereunto near or adjoining, with their and every of their appurtenances; and alio all timber trees, and other trees, woods, and underwoodi, standing, growing, or being, or to stand, grow, or be upon the faid premises, every, or any part thereof; and also all commans, common of pasture for sheep, and all other commonable cattle, ways,

waters,

waters, water-courses, hedges, ditches, fences, liberties, privileges, profits, commodities, advantages, emoluments, hereditaments, and appurtenances whatsoever, to the said capital messuage or farm-house, clofes, lands, hereditaments, and premises, every and any part or parcel thereof, belonging, or in any wise appertaining, or therewith, or with any part thereof, used, occupied, possessed, or enjoyed, (all which faid capital messuage, closes, lands, hereditaments, and premises, are now in the actual poffeffion of the said G. G. by virtue of a bargain and fale to him thereof made by the said A. A. and E. E. for the term of one whole year, in consideration of five shillings to them in hand paid by the faid G. G. in and by one indenture, bearing date the day next before the day of the date hereof, and by force of the statute for transferring uses into posseifion in that case made and provided, and the reversion and reversions, remainder, and remainders, yearly, and other rents, issues, and profits thereof, and of every part and parcel thereof; and also all the estate, right, title, interest, trust, property, equity of redemption, claim and demand whatsoever, both at law and in equity, of them the faid A. A. and E. E. and of each or either of them, of, in, to, or out of the faid capital mesfuage, closes, lands, hereditaments, and premises, or any of them, or any part or parcel thereof, TO HAVĖ and to HOLD the said capital mesfuage, or farm-house, closes, lands, hereditaments, and all and fingular other the premises, with their, and every of their appurtenances, unto the said G. G. his heirs and alsigns, to and for the only proper use and behoof of him the said G. G. and of his heirs and assigns for ever, subjekt neverthelefs to the proviso herein after contained, for redemption of the fame premises, that is to say, PROVIDED ALWAYS, and it is hereby declared and agreed, by and between the said G. G. and E. E. that if the said E. E. his heirs, executors, or administrators, shall, and do, well and truly pay, or cause to be paid unto the said G. G. his executors, administrators, or afligns, at or in the Guildhall, of the city of London, the full and just sum of pounds, of lawful money of Great Britain, without any deduction or abatement whatsoever out of the fame, or any part thereof, for or in respect of any taxes, charges, affessments, payments, or other matter, cause, or thing whatsoever, taxed, charged, or imposed, or to be taxed, charged, or imposed upon the said premises, or any part thereof, or upon the said G. G. his heirs, executors, administrators, or assigns, for or in respect thereof, by authority of parliament, or otherwise howsoever, in manner following, that is to fay, pounds (part thereof) on the

w now next ensuing, which will be in the year of our Lord and pounds (the residue and in fuil payment of the faid fum of pounds) upon the

then next ensuing, and that then and in such case, he the said G. G. his heirs or afligns, fhail or will, at any time or times then after, upon the request, and at the cofts and charges of the said E. E. or his heirs, re-convey, assign, and afsure the faid capital mesfuage, or farm-house, closes, lands, hereditaments, and premises, with their and every of their appurtenances, unto and to the of the luid E. E. his heirs and amigos, a, be or they fall in that

caalf

day of

day of

behalf direct or appoint, free from all incumbrances made or done, or to be made or done by the said G. G. his heirs, executors, admi. nistrators, or affigns, or any other person or persons lawfully claiming, or to claim by, from, or under him, them, or any of them, any thing therein contained to the contrary thereof notwithstanding ; AND the said E. E. doth hereby for himself, his heirs, executors, and adminiftrators, covenant, promise, grant, and agree, to and with the said G. G. his heirs, executors, administrators, and assigns, in manner following, that is to say, that he the said E. E. his heirs, executors, or administrators, shall and will, well and truly pay, or cause to be paid, unto the said G. G. his executors, administrators, or asigns, the said sum of

pounds, at such times and place, and in such manner and form, as are herein before mentioned, for payment thereof, without any deduction or abatement out of the same, or any part thereof, for taxes or otherwise as aforesaid, according to the purport of the said proviso herein before contained for the payment thereof, and the true intent and meaning of these presents; AND FURTHER, That the said G. G. bis heirs and affigns, fhall, or lawfully may, from time to time, and at all times, from and after default shall happen to be made, of or in payment of the said sum of

pounds, or any part thereof, contrary to the form and effect of the aforesaid proviso and covenant for paying the same, and the true intent and meaning of these presents, peaceably and quietly enter into, have, hold, occupy, poffefs, and enjoy the faid capital messuage, or farm-house, closes, lands, hereditaments, and premises, with their appurtenances, and every part and parcel thereof, and receive and take the rents and profits thereof, and of every part thereof, to and for his and their own use and benefit, without the lawful let, suit, trouble, denial, eviction, or interruption, of or by the said E. E. his heirs or afligns, or of, or by any other person or persons whomsoever, and that free and clear, and freely and clearly acquitted, exonerated, and discharged, or otherwise, by the said E. E. his heirs, executors, or administrators, well and suficiently saved, defended, and kept harmless, and indemnified, of, from, and against, all former and other gifts, grants, bargains, sales, leases, mortgages, jointures, dowers, uses, wills, crusts, intails, ftatutes, recognizances, judgments, extents, executions, and of, from, and againft all and singular other estates, titles, troubles, charges, and incumbrances whatsoever, had, made, done, committed, occafioned, or suffered, or to be had, made, done, committed, occafioned, or suffered, by the said E. E. and his heirs, or any other person or persons whomsoever ; AND MOREOVER, Thai he the laid E. E. and his heirs, and all other persons having, or lawfully claiming, or which shall or may have, or lawfully claim any eitate, right, title, fruft, or interest at law or in equity, of, in, to, or out of the said capital messuage, or farm-house, closes, lands, heredicaments, and premises, or any part or parcel thereof, shall and will, from time to time, and at all times, froin and after default shall happen to be made, of or in payment of the faid sum of pounds, or any part there. 8 R

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