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And if it shall happen that the said Annuity, or yearly Rent-charge, or any half-yearly Sumi or Payment thereof, shall be behind or unpaid in Part or in All, by the Space of 30 Days nexe over or after any of the said Feafts or Days of Payment on which the same ought to be paid as aforesaid, That then and so often it shall and may be lawful to and for her the said S. S. and her Assigns, into all and singular the said Lands, Hereditaments and Premisses, and every or any of Clause of Dithem to enter and distrain, And the Distress and stress. Distresses so taken, to lead, drive, take and carry away, aod the same to detain and keep, and afterwards to sell and dispose according to Law, from Time to Time, and at all Times hereafters during the Natural Life of the said S. S. until The the said S. S. as well of the said Annuity or yearly Rent-charge of 35 l. with the Arrears thereof (if any be) as also of the several Pain and Pains of 40 s. (if any be incurred by Non Payment of the said Annuity in Manner as aforesaid) be fully paid and satisfied, together
with the Cofts and Charges in that Behalf from Time to Time sustained and expended. Of which said Seilin, Annuity or yearly Rent-Charge of 35 l. the said E. H. hath put the said S. S. in peaceable Poffelfion by the Payment and Delivery of 6 d. unto her the said s. s. in the Name of Seisin at the Time of the Delivery of these Presents. In Witness, &c.
A Collateral Grant by way of Mortgage for a Term of 99 Years, for the securing the Annuity aforesaid. This Yndenture made, &c. Between E. H.
of, &c. Esquire of the one Part, and S. S. of &c. Widow, and W. H. of the other Part, Wite
Considerati- nefreth, That as well for the Security of the Pay
ment of one Annuity or Annual Rent-Charge of 35 l. of lawful Money of England, clear of all Deductions, for or in respect of Taxes, or any ocher Matter or Thing whatsoever, issuing and going and to be issuing, and going out of all those Grounds or Closes of Meadow and Pasture, and Hereditaments herein after mencioned, during the Nacural life of her the said S. S. according to the true Intent and Meaning of one Indenture of Annuity or Rent-Charge, bearing even Date with these Presents, made between the said E. H. of the one Part, and the said S.S. of the other Part, and for securing the Pain, Penalty and Forfeiture, in the said Indenture of Annuity mentioned to be incurred and forfeited by Non Payment of the said Annuity, as therein limited. As also for and in Consideration of the Sum of 400 l. of lawful Money of England, to him the said E. H. in Hand, at or before the Sealing and Delivery of these Presents, by the said S. S. well and truly paid, being the very fame Sum and Consideration Money, as in the said Indenture of Annuity is mentioned, And in Consideration of the Sum of 5 s. of like Money by him the said W. H. in like Manner paid to him the said E. H. che Receipt and Receipts of which said several Sums, he the said E. H. doth hereby acknowledge, and thereof, and of every Part there. of, doch acquit, exonerate, and for ever discharge the said S. S. and W. H. their Heirs, Executors and Administrators respectively by these Presents, He the said E. Hi hach at the Request, and by the Direction, Nomination and Appointment of the said S. S. teftified by her being made a Party to these Presents, and her Sealing and Delivery hereof, Granted, Bargained and Sold;
And by these Presents doth Grant, Bargain, and Sell unto the said W. H. his Executors, Adminiftrators and Aligns, lll, c. And all Ways, Grant of the Waters, Water-courses, Commons, Commons of fame Parcels Paiture, Woods, Underwcods, Prohts, Commo as in the dicies, Emoluments, Hereditaments and Appur
Annuity. tenances whatsoever to the said Premisses, or any of them belonging or appertaining, or to or with the same, now or at any Time heretofore demised, used, held, occupied or enjoyed, or accepted, reputed, taken or known as Part, Parcel or Member of the same. And the Reversion or Reversions, Remainder and Remainders, Rents, Issues and Profits of all and fingular the said Premisses, or any part or Parcel thereof, To have and to hold the said Grounds or Closes of Meadow and Pasture, Barns, and all and sirgular other the Hereditaments and Premiiles, with their and every of their Appurtenances, herein before granted, bargained and sold, or herein or hereby meant, mentioned, or intended to be granted, bargained and sold, and every Part and Parcel thereof, unto the said W. H. his Executors, Administrators and Alligns, from the Feast-day of the Annunciation of the Blessed Virgin Mary, last past before the Date of these Presents, for and during, and unto the full End and Term of 99 Years, from thence next ensuing, and fully to be compleat and ended. In Trust never. In Trust for theless for the said S. S. and her Assigns, sub. the Annuiject to the Proviso or Condition herein after tant, contained. Yielding and paying therefore Yearly and every Year during the said Term, unto the said w.. his Executors, Administrators and Assigns, che Rent of one Pepper Corn only, Under a Proat the Feast of St. Michael the Archangel, in every
viso to be Year, if the same fall be lawfully demanded. ment of the
void on PayProvided always, and these Presents, and the Annuity and
Term and Estate hereby granted, are upon Condicion Devertheless, and the true Intent and Meaning of the fame, and of all the Parties hereunto is, That if the said E. H. his Heirs, Execurors, Administrators, or any of them, do and fhall well and truly pay, or cause to be paid unto her the said S. S. or her Assigns, yearly and every Year, during the Natural Life of her the said S. S. the Annual and clear yearly RentCharge of 35 l. of lawful Money of England, free and clear of all Taxes, Rates, Assessments, Impositions, Deductions and Reprizes whatsoever, Parliamentary, Parochial, Military and Civil, or of what other Kind or Nature soever, at the two most usual Feafts or Days of Payment in the Year (that is to say) the Feast of St. Michael the Arch-Angel, and the Annunciation of the Blessed Virgin Mary, by even and equal Portions, The first half-yearly Payment thereof, to begin and to be made on the Feaft-day of St. Michael the Arch-Angel next ensuing the Date of these Presents; together with the Sum of 40 s. by Way and in the Name of a Pain, when and as often as the said Annuity or Annual RentCharge of
per Annum, or any Half-yearly Payment thereof, or any part thereof, shall be behind or unpaid, by the Space of 30 Days nexo over or after any of the said Feafts, or Days of Payment on which the same ought to be paid as aforesaid, according to the true Intent and Meaning of the said Indenture of Annuity or Rent-Charge; That then and from thenceforth, this present Indenture of Grant, Bargain and Sale, and every Covenant and Clause herein contained, shall cease, determine, and be utterly void, as if the fame had never been made, this Indenture, or any Thing herein contained to the contrary thereof in any wise notwithstanding.
And the said. E. H. for himself, his Heirs, Exe. The Grantor cutors, Administrators, and for every of them Covenants en doth covenant and promise, grant and agree to nuity, and
pay the Anwith the said S. S. her Executors, Administrators Pain,' when and Alligns, by these Presents, that he che laid incurred. E. H. his Heirs, Executors or Administrators, shall and will well and truly pay, or cause to be paid unto the said S. S. and her Affigns, the said Annual Sum of 35 h of lawful Money of Engband, yearly and every Year during the Natural Life of the said S. S. at Day-times, and Times, and in such Manner and Form as is herein before limited, Together with the said Pain of 40 s. as Without de often as the same shall happen to be incurred, duction. and that without any Deduction, Defalcation, or Abatement whatsoever as aforesaid, according to the true Intent and Meaning of the said Indenture of Annuity or Rent-Charge, and the Tenour of the Proviso above-written. Or in Default thereof, that it shall and may be lawful to, and for the faid W. H. his Executors, Administracors and Alligns, from Time to Time, and at all Times afterwards, into all or any the said Pre. In Default miffes hereby before granted, to enter, and the therefore, same and every of them, with their and every
that the of their Appurtenances, peaceably and quietly Mortgagee to have, hold, occupy, possess and enjoy; and and quietly the Rents, Issues, and Profits thereof, and every enjoy. Part thereof, to and for the Use and Behoof of ber the said S. S. and her Afligns, to have, receive and take during the said Term of 99 Years hereby granted, without any lawful Let, Suit, Trouble, Denial, Disturbance, Eviction, Molestation or Interraption whatsoever. Ano further, That the the said E. H. for himself, his Heirs, Executors Grantor is and Administrators, and for every of them, doch feised in Fue
simple. covenant, promise, grant and agree to and with the said S, S, her Executors, Administrators and B 4