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of, contrary to the form and effect of the aforesaid proviso, and covenant for payment of the same, and the true meaning of these presents, upon every reasonable request, and at the costs and charges of the said G. G. his heirs, executors, administrators, and afsigns, make, do, and execute, or cause to be made, done, and executed, all such further and other lawful and reasonable acts, deeds, conveyances, and assurances in the law whatsoever, for the further, better, more perfect, and absolute granting, conveying, and assuring of the said capital mcfluge, or farm house, closes, lands, hereditaments, and premises, with their appurtenances, unto, and to the use of the said G. G. his heirs and assigns, freed and absolutely discharged of and from the said last mentioned proviso or agreement, for redemption of the said premises, and all equity thereupon, as by the said G. G. his heirs, executors, administrators, or assigns, or his or their council learneit in the law shall be reasonably advised, devised, and required; AND it is hereby declared and agreed, by and between the said G. G. and E, E. that in the mean time, and until default shall happen to be made of or in the payment of the said sum of

- pounds, or some part thereof, contrary to the form and effect of the said provilo and covenant for payment of the same, and the true meaning of these presents, it shall and may be lawful to and for the said E. E. and his heirs, peaceably and quietly to have, hold, and enjoy the faid capital mesluage or farm-house, closes, lands, hereditaments, and premises, and to receive and take the yearly rents and profits thereof, and of every part and parcel thereof, to and for his and their own use and benefit, without the lawful let, suit, trouble, or interruption of or by the said G. G. bis heirs, executors, administrators, or asigns, or any of them, or, of, or by any other person or persons, lawfully claiming, or to claim by, from, or under them, or any of them; AND the faid A. A. doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree, to and with the said G. G. bis heirs, executors, administrators, and aligns, that he the said A. A. hath not heretofore done or committed any act, deed, matter, or thing whatsoever, whereby, or by means whereof the premises, or any part thereof, is, are, Mall, or may be impeached, charged, or incumbered, in title, charge, eftate, or otherwile howsoever : AND LASTLY, the said E. E. doth hereby for himself, his heirs, executors, and administrators, covenant, promise, grant, and agree, to and with the said G. G. his heirs, executors, administrators, and affigns, that for so long time as the said principal sum of pounds, so now lent and advanced by the said G. G. on the security of the said capital messuage, closes, lands, hereditaments, and premises as aforesaid, or any part or parcel thereof (over and above the fum of pounds) shall remain due and owing thereupon, unto the said G. G. his executors, administrators, and aligns, he the faid E. E. his heirs and afligns, shall not, nor will (without the consent and approbation of the said G. G. first thereunto bad and obtained, in writing under his or their hand and seal, or bands and seals) cut down, fell, sell, or dispose of any wood, timber, trees, or other trees, off or from the faid closes, lands, hereditaments, and premises, or any part or parcel

thereof

thereof (other than such wood, timber, or other trees, only as shall or may, from time to time, be employed or made use of, for, in, or about, the necessary repairs of the said capital messuage, hereditaments and premises, or some part or parcel thercof. In witness &c.

Sealed c.

An asignment of a new built house &c. by the builders, to a

gentleman, one of ihe builders having formerly afligned bis interest 10 tbe other, in which they bolb join, with proper covenants.

day of

THIS

HIS INDENTURE, tripartire, made the
in the year of our Lord

and in the year of the reign &c. BETWEEN A. A. of &c. of the first part; B. B. of &c. of the second part; and C. C. of &c. of the third part; WHEREAS by indenture, bearing date on or about the day of

-, which was in the year of our Lord and made, or mentioned to be made between D. D. of &c. formerly the widow and relict of E. E. Esq; deceased, of the one part, and the said A. A. and B. B. of the other part, reciting as tbercin is recited, and in particular, that the said A. A. and B. B. or one of them, had undertaken to erect and build, at his or their own proper costs and charges, or at the proper costs and charge of one of them, one good uniform, and substantial brick-house, meffuage, or tenement, and other buildings, on part of the said ground, therein after particularly mentioned to be demised, and herein aftermentioned, or intended to be hereby afligned, fronting the west, on and containing in depth

feet of assize, little more or less, and in breadth or front, from north to south,

feet of affize, little more or less, and that they had accordingly laid the second floor thereof above the ground, the the said D. D. did, for ihe confiderations in the said indenture mentioned, demise, grant, fet, and to farm let, unto the faid A. A. and B. B. their executors, adminiftrators, and assigns, all that piece or parcel of ground, being part and parcel of a certain close or field called

; fituace, Vying, and being in the parish of

containing in front from north to south feet of asize, little more or less, fronting welt on a street called -- and in depth from west to cast feet of afize, little more or less, and adjoining north, on a melluage or tenement then building, or then lately built by F. F. bricklayer, and south on a mefiuage or tenement then built, or in building, by one G.G. &c. which said piece or parcel of ground thereby demised, or intended to be thereby demised, is more particularly described by a plan or ground plot thereunto annexed, together with all ways, paths, passages, waters, water-courses, ligtits, easements, profits, commodities, advantages, emoluments, and apportenances whatso:ever, to the said piece or parcel of ground, meifuage or tonement, building, and premises thereon, to be erected and built, belongin, or in any wise appertaining, together also with the use of the wat:

R 2

day of

in

ground (or way) of that part of the said field or close formerly railed out from the said close, at the north end of

street, be ing a passage leading from thence to

-, containing in depth from the end of the said street called

street, unto the said field or close, containing - feet of aflize, little more or less, set out for the common use of the inhabitants of the said street, for coaches and carts to turn and stand on, in common with the inhabitants of the said street, and also free liberty of a way to pass and repass with coaches, carts, carriages, and horses, to and from through

ftreet, and by, through, and along the two new ways to be made at the north-east and north-west ends of the said field, over Mr. M.'s flip of ground there, to hold unto the said A. A. and B. B. their executors, administrators, and assigns, from the Feast of the Annunciation of the blessed Virgin Mary last past, before the date of the said recited indenture, for the term of

years, at and under the yearly rent or sum of

pounds, of lawful money of Great Britain, payable quarterly, as therein is mentioned, as by the said recited indenture, relation being thereunto had, may more at large appear; AND WHEREAS by a certain writing, or deed-poll, bearing date the the

year of our Lord -, and indorsed on the said recited indenture, the said B. B. in consideration that the said A. A. had then (at his own proper costs and charges) erected and built a new brick mersuage or tenement, and other erections and buildings on the said piece or parcel of ground in the said recited indenture mentioned and described, and thereby demised, and for other the confiderations in the faid deed-poll mentioned, did bargain, sell, assign, set over, and reJease unto the faid A. A. his executors, administrators, and asigns, all his the said B. B.'s moiety, or one half part or share of and in all the faid piece or parcel of ground, and the said meffuage or tenement, and all other erections and buildings thereon erected and built aforesaid, with their and every of their appurtenances, and all his estate, term, and interest therein, both at law and in equity, TO HOLD unto the faid A. A. his executors, administrators, and assigns, from henceforth for all the then residue and remainder of the term of years therein to come and unexpired; AND WHEREAS the said message or tenement was soon after the said cited deed-poll burnt down and demolished, and the same has been since rebuilt by the faid A. A. at his own proper cost and charge, AND WHEREAS the said C. C. hath lately contracted and agreed with the faid A. A. for the absolute purchase of the said messuage or tenement, erections, and buildings, erected and built on the faid ground and premises, in and by the said recited indenture demised as aforesaid together with the same ground for the residue of the said term of years therein, for the sum of

--pounds of lawful money of Great Britain : NOW THIS INDENTURE WITNESSETH, That for and in confideration of the said sum of

pounds of lawful money of Great Britain to the said A. A. in hand paid by the said C. C. at or before the sealing and delivery hereof, with the privity, consent, and agreement of the said B. B.

(ierified

re

2

(teftified by his being a party to, and his sealing and executing of these presents), the receipt and payment of which said sum of pounds the faid A. A. doth hereby acknowledge, and thereof, and therefrom, and of and from every part thereof, doth acquit, release, and discharge the said C.C. his executors, administrators, and assigns, for ever by thefe presents, and for and in consideration of the sum of 5 s. of like lawful money to the said B. B. in hand paid by the said C. C. at or before the sealing and delivery of these presents, the receipt whereof he the said Ž. B. doth hereby acknowledge he the said A. A. at his request, and by his direction and appointment, teftified by his being a party to, and his sealing and delivery of these presents, together with the said B. B. have, and each of them hath, bargained, fold, aßigned, transferred, and let over, and by these presents do, and each of them doth, bargain, sell, affign, transfer and set over unto the said C. C. his executors, administrators, and assigns, ALL the said piece or parcel of ground, and other the premises, in and by the faid recited indenture of lease demised, or mentioned, or intended to be demised as afore., said; AND ALSO ALL the said messuage or tenement, erections and buildings thereon erected and built, with their, and every of their appurtenances, and the reverfion and reverfions, remainder and remainders, rents, issues, and profits thereof, and of every part and parcel thereof, and all the estate, right, title, interest, term of years yet to come and unexpired, trust, property, claim, and demand whatroever, both at law and in equity, of them the said A. A. and B. B. or either of them, of, into, or out of the said messuage or tenement, buildings, piece or parcel of ground, and premises, mentioned, or intended to be hereby assigned, or any of them, or any part or parcel thereof, by force or virtue of the raid recited indenture and deed-poll, or either of them, or otherwise howsoever, together with the said indenture of lease and deed-poll, TO HAVE AND TO HOLD the said messuage or tenement, buildings, piece or parcel of ground, and all and fingular other the premises, mentioned, or intended to be hereby aligned, with their, and every of their appurtenances unto the faid C. C. his heirs, administrators, and asigns, from henceforth, for and during all the rest and residue yet to come and unexpired of she said term of

years therein, subjekt nevertheless to the rents and covenants in the said recited indenture of leale reserved and contained, which from henceforth on the tenants or lesiee's part, are to be paid, done, and performed; AND the faid B. B. doch hereby for himself, his heirs, executors, administrators, and aligns, covenant, promise, and agree, to and with the said C. C. his executors, administrators, and afrigns, that he the said B. B. hath not at any time heretofore done, committed, or wittingly, or willingly suffered any act, matter, or thing whatsoever, whereby, or by means thereof the said mellwage or tenement, ground and premises, mentioned, or intended to be hereby afligned, or any of them, or any part or parcel thereof, or the said term of years therein, is, are, fhall, or may be surrendered, forfeited, or avoided, or impeached, charged, or incumbered, in title, charge, eftate, or otherwise howsoever, (except the said cited

release

release made to the said A. A. in and by the said recited writing or deedpoll as aforesaid); AND the said A. A. doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and grant, to and with the said C. C. his executors, administrators, and alligns, in manner and form following, that is to say, that the said recited original indenture of lease, is a good and sufficient lease, valid in the law, of and for the said messuage or tenement, buildings piece or parcel of ground, and other the premises mentioned, or intended, to be hereby aligned, not forfeited, surrendered, or any ways avoided, or avoidable; AND ALSO, that they che faid A. A. and B. B. or one, of them, for, and notwithstanding any act, matter or thing, by them, or either of them, done, committed, or wittingly, or willingly suffered to the contrary, have, or hath at the time of the sealing and delivery of these presents, in themselves or one of them, good right, full power, and lawful and absolute authority to bargain, sell, allign, and set over, the said meffuage or tenement, buildings piece or parcel of ground, and other the premises mentioned, or intended to be hereby afligned, with their appurtenances, unto the said C. C. his executors administrators, and affigns, for all the rest and residue yet to come and unexpired of the said term of

years therein; AND FURTHER, That it shall and may be lawful to and for the said C. C. his executors, administrators, and assigns, from time to time, and at all times hereafter, during the continuance of the said term, peaceably and quietly to enter into, have, hold, occupy, possess, and enjoy the said mesfuage or tenement, buildings, piece or parcel of ground, and other the premises, mentioned, or intended to be hereby assigned, and to receive and take the rents, issues, and profits thereof, and of every part and parcel thereof, to and for his and their own use and benefit, for and during all the rest and residue yet to come and unexpired, of the said term of years therein, without any the lawful let, suit, trouble, denial, evi&tion, or interruption of or by the said A. A. and B. B. or either of them, their, or either of their executors, administrators, or asigns, or of, or by any other person or persons, lawfully claiming, or to claim, by, from, or under, or in trust for them, or any of them; AND that free, and clear, and freely, and elearly acquitted, exonerated, and discharged, or otherwise by the faid A. A. his heirs, executors, or administrators, well and fufficiently saved, defended, and kept harmless, and indemnified of, from, and against all former and other grants, bargains, sales, Jeases, morte gages, ftalutes, recognizances, judgments, extents, and executions, and of, from, and against, all and singular other estates, titles, rights, troubles, and incumbrances whatsoever, had, made, done, committed, occasioned, or suffered, or to be had, made, done, committed, occasioned, or suffered by the said A. A. and B. B. or either of them, their, or either of their executors, administrators, or assigns, or by any other person or persons, lawfully claiming, or to claim, by, from, or under them, or either of them, the rents and covenants in the said recited indenture of leafe reserved and contained, and which from henceforth on the tenant's and lessee's part are to be paid, done,

and

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