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enants on his part to be kept and performed, doth covenant and agree to convey to the said party of the second part, his heirs and assigns, by a good and sufficient. deed in the law, free from all incumbrances, except such taxes and assessments as may hereafter become due thereon, that certain lot of land situate and being in Broadway, in the ........ ward of the city of New York, and known as lot No. bounded as follows: [set out the same.]

And the said party of the second part doth, for himself, his heirs, executors, administrators and assigns, covenant and agree to and with the said party of the first part, his heirs and assigns, that he, the said party of the first part, will (1.) Enter immediately into the possession of the said premises, and on or before the first day of March, 1861, build a carpenter's shop on the rear part of said lot, and not remove the same therefrom until this agreement is carried into full and complete effeet. (2.) He agrees to build and enclose upon the front of the lot a substantial brick house, of three stories in height, on or before the first day of August, 1861, or in lieu thereof, and on the same day, to pay to the said party of the first part, or his legal representatives, the sum of one thousand dollars on account of the consideration money. (3.) To execute and deliver to the said party of the first part, on the same day, a bond and mortgage of the same house and lot for two thousand seven hundred dollars, payable with interest. And if the said party of the second part fails to pay the said one thousand dollars on the said first day of August, 1861, then the said bond and mortgage are to be made out for three thousand seven hundred dollars with interest; this being the full amount of consideration money for the purchase. (4.) The said party of the second part is to pay interest at the rate of ........ per cent per annum, upon the sum of $3700, to the said party of the first part, from the date of this agreement to the first day of August, 1861, the first half year's interest in advance, and all taxes and assessments on the same premises.

And the said party of the first part doth, on his part, covenant, promise and agree to and with the said party of the second part, his heirs and assigns, to execute and deliver to the said party of the second part a good and sufficient deed for the said lot on the first day of August, 1861, free from all incumbrances, except taxes and assessments, which may become due after the making of this agreement. [Here state what covenants are to be contained in the deed.]

But upon this express condition, and the agreement between the parties is such that if the said party of the second part fails or neglects to perform all or any one of the covenants hereinbefore contained on his part, at the time or times hereinbefore limited, then and in such case all and singular the covenants and agreements on the part of the said party of the first part, shall cease and be absolutely void; and all the right, title and interest of the said party of the second part, in law or equity, in the premises, shall also cease; and thereupon the said party of the first part, his heirs and assigns, may immediately enter upon the premises and have and hold the same, with the carpenter shop, free and discharged from any claims of the said party of the second part, his heirs or assigns.

Dated 1 May, 1860.

A. B. [L. S.]

Sealed and delivered the day and year

C. D. [L. S.]

above written, in presence of

(See Wells v. Smith, 2 Edw. Ch. R. 78; S. C. on appeal, 11 Paige, 22.)

No. 22.

ANOTHER FORM OF AGREEMENT FOR THE SALE OF A FARM, OR A CITY LOT, THE AGREEMENT TO BE VOID, IF THE PURCHASER FAILS TO MAKE PAYMENTS PROMPTLY, AND THE VENDOR AT LIBERTY TO SELL TO OTHER PARTIES.

Articles of agreement, made the hundred and ....................、 between

........

...

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day of one thousand eight of the first part and ........ of the

........

.........

second part, witnesseth, that the said part.. of the first part, for and in consideration of the sum of ........ dollars, to ........ in hand paid, ha.. contracted and agreed to sell to the said part.. of the second part, all that certain piece or parcel of land, situate in the town of ........, in and state of....... ......... county known and distinguished on a map made by as lot No. ......... And on the payment by the said party of the second part, to the said party of the first part, of the several sums of money hereinafter mentioned, the said part.. of the first part, agree to execute and deliver to the said part.. of the second part, a warranty deed, for the said land: provided, and upon condition nevertheless, that the said part.. of the second part, heirs or assigns, pay to the said part.. of the first part, ........ heirs or assigns, for the same land, the sum of .... lawful money of the United States of America, payable as follows: the sum of together with lawful interest on the same, from the date hereof; and the said part.. of the second part, for ...... heirs, executors and administrators, do.. covenant and agree, to and with the said part.. of the first part, ..... heirs and assigns, that the said part.. of the second part, will pay the said several sums as they severally become due, with the interest thereof, without deduction of any taxes or assessments whatever. And it is further agreed between the parties to these presents, that if default be made in fulfilling this agreement, or any part thereof, on the part of the said part.. of the second part, then, and in such case, the said part.. of the first part, heirs and assigns, shall be at liberty to consider this contract as forfeited and annulled, and to dispose of the said land to any other person, in the same manner as if this contract had never been made. In witness whereof, ..... have hereunto set hand.. and seal..

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the day and year above written.

Sealed and delivered in

presence of

...

(See Wells v. Smith, 2 Edw. Ch. R. 78; S. C., 11 Paige, 22.)

No. 23.

AGREEMENT FOR THE SALE OF REAL ESTATE, EXECUTED ON THE PART OF THE VENDOR, BY ATTORNEY DULY AUTHORIZED.

........
..., 1860.

and state

Articles of agreement, made and concluded this ..............., day of between James Jackson, of the town of ........, county of of New York, by John Doe, his attorney duly authorized for this purpose, of the first part, and John Stiles, of the same place, of the second part, as follows, to wit: The said party of the first part, for and in consideration of the sum of........、 and of the covenants and agreement, on the part of the said party of the second part, hereinafter contained, on his part to be kept and performed, doth covenant

and agree to and with the said party of the second part, his heirs and assigns, to grant, bargain and sell unto the said party of the second part, his heirs and assigns, by a good and sufficient deed, with covenants of title and against incumbrances, the following described piece or parcel of land, to wit, [here describe it,] the said deed to be prepared at the expense of the said first party, and ready to be delivered to the party of the second part, on or before the ........ day of ........

next.

And the said party of the second part, for himself, his heirs and assigns, doth covenant and agree to and with the said party of the first part, and his legal representatives, to pay to him the sum of ........ on the delivery of the said deed, and to execute and deliver, at his own expense, a bond and mortgage of the same premises, for the sum of ........, being the residue of the consideration money for said purchase, payable in two years from the said day of the delivery thereof, with lawful interest till paid, to the said party of the first part, his executors and administrators.

And it is further covenanted and agreed by and between the said parties, that the said party of the second part shall be at liberty to enter immediately into the possession of the said premises, and cultivate and improve the same in a good husbandlike manner, and commit no waste or other destruction thereon, and that from the time of such entry, the said party of the second part shall pay unto the said party of the first part the sum of ........ annually, being the interest of the purchase money for the said premises, and also pay all taxes and assessments thereon; and in default of payment of principal or interest that shall become due before the delivery of the said deed, or which shall be due at that time, the said party of the first part shall be at liberty to avoid this contract, and re-enter upon the said premises, without notice to quit; and in such case the said party of the second part shall immediately give up possession of said premises.

In witness whereof, the said party of the first part, by his said attorney, and the said party of the second part have hereunto set their hands and seals the day and year first above written.

Sealed and delivered in presence of

JAMES JACKSON, [L. S.]

by John Doe, his Att'y. JOHN STILES. [L. S.]

NOTE.-An agreement entered into under seal, by one as attorney for another, must be executed by the attorney in the name of his principal, and must purport to be sealed with the seal of the principal, and not with that of the attorney. (Townsend v. Hubbard, 4 Hill, 351. Wilks v. Back, 2 East, 142. Berkley v. Hardy, 5 Barn. & Cres. 355.)

No. 24.

AGREEMENT TO BE INSERTED IN AN EXECUTORY CONTRACT OF A VACANT LOT, OR OTHER PREMISES, NOT TO ERECT OR SUFFER NUISANCES TO BE ERECTED THEREON.

And the said party of the second part, for himself, his heirs and assigns, doth hereby covenant to and with the said party of the first part, his heirs, executors and administrators, that neither the said party of the second part, nor his heirs or assigns, shall or will at any time hereafter erect any building within forty feet of

the front of said lot, except of brick or stone, with roofs of slate or metal; and will not erect or permit upon any part of said lot any slaughter house, smith shop, forge, furnace, steam engine, brass foundry, nail or other iron factory, or any manufactory of gunpowder, glue, varnish, vitriol, ink or turpentine; or for the tanning, dressing or preparing skins, hides or leather, or any brewery, distillery, or any other noxious or dangerous trade or business.

No. 25.

AGREEMENT BY A TRUSTEE TO CONVEY LANDS HELD IN TRUST, IN A CASE WHERE THE TRUSTEE WAS AUTHORIZED TO SELL LAND, AND REINVEST THE PROCEEDS.

Articles of agreement, made, concluded and agreed upon this

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day of 1860, between John Doe, named as trustee in certain articles of marriage settlement hereafter mentioned, of the first part, and Richard Roe, of....... &c.,........ of the second part, as follows:

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did by an instrument in writing under day of ........, 1860, in contem

........

Whereas, James Jackson, of .... his hand and seal, bearing date the plation of the marriage of his daughter A. B. to one C. D., then about to be solemnized, and in consideration thereof, and as a settlement upon his said daughter of the lands therein described, did grant, bargain and sell unto the said John Doe the following described piece or parcel of land, situate and being (&c.......,) in trust, to receive the rents and profits of the said land, and apply them to the separate use of the said A. B. during her coverture with her intended husband, free from the control of her said husband, the same as if she were a feme sole, her receipt therefor to be a sufficient voucher. And it was thereby, in and by the said marriage articles, further agreed, that the said party of the first part should be authorized and empowered, during the continuance of the said trust, to lease and demise the granted premises for such lawful term or terms, and at such rents and upon such covenants as to renewals as to them should seem proper; and that he should be, and was thereby, authorized and empowered to grant, bargain, sell and convey in fee simple absolute, at public or private sale, for cash or upon credit, or partly for cash and partly upon credit, all or any part or parcel of the said trust premises, or of any other premises in which the proceeds thereof might be reinvested, and to invest the proceeds of such sale or sales in other real estate or upon bonds and mortgages within the state of New York, or in the public stocks of the United States, or of the city of New York, or in improving other parts of the said real estate, and to alter and change such investments from time to time as he may think proper, as by the in part recited agreement more fully and at large appears. And whereas, the said party of the first part, as such trustee, and in pursuance of the power therein vested in him, hath agreed to grant, bargain and sell to the said party of the second part the premises above described for the sum of 1000 dollars. with a view to reinvest the proceeds thereof in the public stocks of the United States for the purposes of the said trust.

........

Now, therefore, it is agreed by the said parties to these presents, that on or before the ...... day of next, the said party of the first part will, by a good and sufficient deed in the law, grant, bargain and sell unto the said party of the second part, his heirs and assigns, the above described premises, on the pay

ment by him of the said sum of one thousand dollars, and which said deed shall contain a covenant that the said party of the first part, as such trustee, has good right and lawful authority to convey the said premises in manner aforesaid, and that he has neither done or suffered any act whereby his right to convey the said premises can be impaired. And the said party of the second part covenants and agrees to accept such deed, and on the delivery thereof to pay to the said first party the said sum of one thousand dollars.

In witness whereof, the said parties have hereto set their hands and seals, the day and year first above written.

Sealed and delivered in

presence of

JOHN DOE. [L. S.]
RICHARD ROE. [L. S.]

NOTE. See Belmont v. O'Brien, 2 Kern. 394. Noyes v. Blakeman, 2 Seld. 567. If the trustee be an executor, and his authority derived from the will of the testator, recite enough of it to confer the authority.

ANNUITIES.

For the form of an annuity under the English laws, see 1 Newnam's Conveyancer, 146 et seq. An annuity charged upon land, is a rent charge, and the form will be given under the head of Rent, post.

ASSIGNMENTS.

No. 26.

ASSIGNMENT OF MORTGAGE.

Know all men by these presents, that ............ of the first part, for and in consideration of the sum of lawful money of the United States of ... of the second part, at or be

America, to ........ in hand paid by fore the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, transferred and set over, and by these presents do grant, bargain, sell, assign, transfer and set over unto the said part.. of the second part, a certain indenture of mortgage bearing date the ..... day of........, one thousand eight hundred and ........ made by and recorded in the office of the clerk of the No. ........ of mortgages, page the year of our Lord one thousand eight hundred and

........

on the

county of
in book
....... day of ........, in
..., together with the

bond or obligation therein described, and the money due and to grow due thereon, with the interest. To have and to hold the same unto the said part.... of the second part, ................ and assigns forever, ... subject only to the pro

viso in the said indenture of mortgage mentioned. And thorize and appoint the said part.. of the second part.

attorney, irrevocable, in

........

name or otherwise, but at

do hereby au

true and lawful

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and charges, to have, use, and take all lawful ways and means, for the recovery of

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