Sidebilder
PDF
ePub

And if it fhall happen that the faid Annuity, or yearly Rent-charge, or any half-yearly Sum or Payment thereof, fhall be behind or unpaid in Part or in All, by the Space of 30 Days next over or after any of the faid Feasts or Days of Payment on which the fame ought to be paid as aforefaid, That then and so often it fhall and may be lawful to and for her the faid S. S. and her Affigns, into all and fingular the said Lands, Hereditaments and Premiffes, and every or any of Claufe of Dithem to enter and distrain, And the Distress and ftrefs. Diftreffes fo taken, to lead, drive, take and carry away, and the fame to detain and keep, and afterwards to fell and difpofe according to Law, from Time to Time, and at all Times hereafter, during the Natural Life of the faid S. S. until The the faid S. S. as well of the faid Annuity or yearly Rent-charge of 35 1. with the Arrears thereof (if any be) as alfo of the feveral Pain and Pains of 40 s. (if any be incurred by Non Payment of the faid Annuity in Manner as aforefaid) be fully paid and satisfied, together with the Cofts and Charges in that Behalf from Time to Time fuftained and expended. Of which faid Seifin, Annuity or yearly Rent-Charge of 35 . the faid E. H. hath put the faid S. S. in peaceable Poffeffion by the Payment and Delivery of 6 d. unto her the faid S. S. in the Name of Seifin at the Time of the Delivery of thefe Prefents. In Witness, &c.

[ocr errors]

A Collateral Grant by way of Mortgage for a Term of 99 Years, for the fecuring the Annuity aforefaid.

[ocr errors]

His Indenture made, &c. Between E. H. of, &c. Efquire of the one Part, and S. S. of 6. Widow, and W. H. of the other Part, Wit

B 2

neffeth,

on.

Confiderati- neffeth, That as well for the Security of the Payment of one Annuity or Annual Rent-Charge of 35 1. of lawful Money of England, clear of all Deductions, for or in refpect of Taxes, or any other Matter or Thing whatfoever, iffuing and going and to be iffuing, and going out of all those Grounds or Closes of Meadow and Pafture, and Hereditaments herein after mentioned, during the Natural Life of her the faid S. S. according to the true Intent and Meaning of one Indenture of Annuity or Rent-Charge, bearing even Date with these Prefents, made between the faid E. H. of the one Part, and the faid S. S. of the other Part, and for fecuring the Pain, Penalty and Forfeiture, in the faid Indenture of Annuity mentioned to be incurred and forfeited by Non Payment of the faid Annuity, as therein limited. As alfo for and in Consideration of the Sum of 400 of lawful Money of England, to him the faid E. H. in Hand, at or before the Sealing and Delivery of these Presents, by the faid S. S. well and truly paid, being the very fame Sum and Confideration Money, as in the faid Indenture of Annuity is mentioned, And in Confideration of the Sum of 5 s. of like Money by him the faid W. H. in like Manner paid to him the faid E. H. the Receipt and Receipts of which said several Sums, he the faid E. H. doth hereby acKnowledge, And thereof, and of every Part thereof, doth acquit, exonerate, and for ever charge the faid S. S. and W. H. their Heirs, Executors and Adminiftrators respectively by these Prefents, He the faid E. H hath at the Request and by the Direction, Nomination and Appointment of the faid S. S. teftified by her being made a Party to thefe Prefents, and her Sealing and Delivery hereof, Granted, Bargained and Sold!

dif

And

Grant of

And by thefe Prefents doth Grant, Bargain, and Sell unto the faid W. H. his Executors, Adminiftrators and Affigns, II, &c. And all Ways, Grant of the Waters, Water-courfes, Commons, Commons of fame Parcels Pafture, Woods, Underwoods, Profits, Commo as in the dities, Emoluments, Hereditaments and Appur- Annuity. tenances whatsoever to the faid Premiffes, or any of them belonging or appertaining, or to or with the fame, 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 fame. And the Reversion or Reversions, Remainder and Remainders, Rents, Iffues and Profits of all and fingular the faid Premiffes, or any Part or Parcel thereof, To have and to hold the faid Grounds or Clofes of Meadow and Pafture, Barns, and all and fingular other the Hereditaments and Premiffes, with their and every of their Appurtenances, herein before granted, bargained and fold, or herein or hereby meant, mentioned, or intended to be granted, bargained and fold, and every Part and Parcel thereof, unto the said W. H. his Executors, Adminiftrators and Affigns, from the Feaft-day of the Annunciation of the Bleffed Virgin Mary, laft paft before the Date of these Presents, for and during, and unto the full End and Term of 99 Years, from thence next enfuing, and fully to be compleat and ended. In Cruft never. In Truft for thelefs for the faid S. S. and her Affigns, fub. the Annuiject to the Provifo or Condition herein after contained. Bielding and paping therefore Yearly and every Year during the faid Term, unto the faid W. H. his Executors, Adminiftrators and Affigns, the Rent of one Pepper Corn only, Under a Proat the Feast of St. Michael the Archangel, in every vifo to be Year, if the fame fhall be lawfully demanded. ment of the Provided always, and thefe Prefents, and the Annuity and

B 3

void on Pav

Term Pain,

Term and Estate hereby granted, are upon Condition neverthelefs, and the true Intent and Meaning of the fame, and of all the Parties hereunto is, That if the said E. H. his Heirs, Executors, Adminiftrators, or any of them, do and fhall well and truly pay, or cause to be paid unto her the faid S. S. or her Affigns, yearly and every Year, during the Natural Life of her the faid S. S. the Annual and clear yearly RentCharge of 35 1. of lawful Money of England, free and clear of all Taxes, Rates, Affeffments, Impofitions, Deductions and Reprizes whatfoever, Parliamentary, Parochial, Military and Civil, or of what other Kind or Nature foever, at the two moft ufual Feafts or Days of Payment in the Year (that is to fay) the Feast of St. Michael the Arch- Angel, and the Annunciation of the Bleffed 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 enfuing 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 faid Annuity or Annual RentCharge of 35 1. per Annum, or any Half-yearly Payment thereof, or any Part thereof, fhall be behind or unpaid, by the Space of 30 Days next over or after any of the faid Feafts, or Days of Payment on which the fame ought to be paid as aforefaid, according to the true Intent and Meaning of the faid Indenture of Annuity or Rent-Charge; That then and from thenceforth, this prefent Indenture of Grant, Bargain and Sale, and every Covenant and Claufe herein contained, fhall 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 wife notwithstanding.

And

5

And the faid E. H. for himself, his Heirs, Exe The Grantor cutors, Adminiftrators, and for every of them Covenants to doth covenant and promise, grant and agree to pay the Annuity, and with the faid S. S. her Executors, Adminiftrators Pain, when and Affigns, by these Prefents, that he the faid incurred. E. H. his Heirs, Executors or Administrators, fhall and will well and truly pay, or caufe to be paid unto the faid S. S. and her Affigns, the faid Annual Sum of 35 L of lawful Money of England, yearly and every Year during the Natural Life of the faid S. S. at Day-times, and Times, and in fuch Manner and Form as is herein before limited, Together with the faid Pain of 40 s. as Without de often as the fame fhall happen to be incurred, duction. and that without any Deduction, Defalcation, or Abatement whatsoever as aforefaid, according to the true Intent and Meaning of the said Indenture of Annuity or Rent-Charge, and the Tenour of the Provifo above-written. Or in Default thereof, that it fhall and may be lawful to, and for the faid W. H. his Executors, Adminiftrators and Affigns, from Time to Time, and at all Times afterwards, into all or any the faid Pre In Default miffes hereby before granted, to enter, and the therefore, fame and every of them, with their and every that the of their Appurtenances, peaceably and quietly Mortgagee to have, hold, occupy, poffefs and enjoy; and and quietly the Rents, Iffues, and Profits thereof, and every enjoy. Part thereof, to and for the Ufe and Behoof of her the faid S. S. and her Affigns, to have, receive and take during the faid Term of 99 Years hereby granted, without any lawful Let, Suit, Trouble, Denial, Difturbance, Eviction, Molefta tion or Interruption whatsoever. And further, That the the faid E. Hi for himself, his Heirs, Executors Grantor is and Administrators, and for every of them, doth feifed in Feefimple. covenant, promife, grant and agree to and with the faid S. S. her Executors, Administrators and

[blocks in formation]

may enter

« ForrigeFortsett »