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Witnesseth.

Covenant by

vendor to produce deeds,

and allow

copies to be taken.

indenture of even date as to other hereditaments belonging to the said A. B., and on the said contract for sale it was agreed that the said deeds, evidences, and writings should remain in the possession of the said A. B., his heirs and assigns, and that he should enter into the covenant hereinafter contained. Now THIS INDENTURE WITNESSETH, that, in pursuance of the said agreement, and in consideration of the premises, he the said A. B. doth hereby, for himself, his heirs, executors, administrators, and assigns, covenant with the said C. D., his heirs and assigns, that he the said A. B., his heirs and assigns, will, at all times, upon a reasonable request in writing by the said C. D., his heirs, appointees, or assigns, or any person lawfully or equitably claiming through him or them any estate or interest in the said hereditaments comprised in the said indenture of even date, at the expense of the person or persons requiring the same, produce to him or them, or to such person or persons as he or they shall appoint, or in any court of law, equity, or other judicature, or elsewhere, as occasion shall require, all or any of the deeds, evidences, or writings specified in the said schedule hereto, for the support or manifestation of the estate or title of the said C. D., his heirs, appointees, and assigns, and every other person claiming as aforesaid; AND WILL at all times, upon such request and at such expense as aforesaid, make and deliver to the person or persons requiring the same, or to such person or

persons as he or they shall appoint, such true and attested copies, or true copies unattested, of the same deeds, evidences, and writings as he or they may require, and will, in the meantime, keep the same deeds, evidences, and writings safe, uncancelled, and undefaced, unless prevented by fire or other inevitable accident (a). IN WITNESS &c.

THE SCHEDULE to which the above-written INDENTURE refers.

(a) If the contract for sale contains (as is often the case) a stipulation to this effect, insert the following proviso :— "PROVIDED NEVERTHELESS, that, if the said A. B., his heirs or assigns, shall dispose of all or any of the said other hereditaments to which the said deeds, evidences, and writings relate, to any person or persons, and shall deliver the same deeds, evidences, and writings to such person or persons, and shall at his or their own cost procure such person or persons to enter into a covenant with the said C. D., his heirs and assigns, of the purport and effect of the covenant hereinbefore contained, then the said covenant hereinbefore contained shall become void."

Parties.

LI.

AGREEMENT for the DEPOSIT of DEEDS relating to Two Estates mortgaged to DIFFERENT Mortgagees.

THIS INDENTURE, made &c.,

BETWEEN

A. B., of &c. [mortgagor], of the first part; C. D., of &c. [mortgagee], of the second part; and E. F.,

Recital of the of &c. [mortgagee], of the third part.

first mort

gage;

-of the title

deeds having

ed to the

mortgagee, and deposited at his bankers;

day of

WHEREAS

and

by an indenture dated the expressed to be made between [parties], certain estates in the county of W. were conveyed by, or by the direction of, the said A. B. to the use of the said C. D., his heirs and assigns, by way of mortgage, for securing the sum of £, and interest. AND WHEREAS the deeds, evidences, and been deliver writings specified in the schedule hereto relate to the title of the said estates, and on the said mortgage were delivered to the said C. D., and have been deposited by him with Messrs., his bankers. AND WHEREAS, by an indenture bearing even date with, but executed before, these presents, and made, or expressed to be made, between [parties], certain estates in the county of S. have been conveyed by the said A. B. to the use of the said E. F., his heirs and assigns, by way of mortgage, for securing the sum of £, and interest. AND WHEREAS the said deeds, evidences,

of the second mortgage;

-that the

estates deeds relate

estates

to the title of

the estate in

the second

--of the agree

into the pre

ment.

that the deeds

deposited,

mortgagees

shall have ac

cess thereto;

and writings relate to the title of the said in the county of S., as well as to the said in the county of W. AND WHEREAS, on the mortgage; treaty for the said mortgage to the said E. F., it ment to enter was agreed that the said parties hereto should sent agreeenter into the agreements hereinafter contained. NOW THIS INDENTURE WITNESSETH, and in con- Witnesseth. sideration of the premises it is hereby agreed, that, Agreement so long as any money shall remain on the said shall remain mortgage of the said W. estates, and also on the and that both said mortgage of the said S. estates, the said deeds, evidences, and writings specified in the said schedule hereto shall remain deposited in the banking-house of Messrs. on the account and for the use of the said C. D. and E. F., and their respective heirs, executors, administrators, and assigns; and that the said C. D., his heirs, executors, administrators, and assigns, and his and their solicitors and agents, and the said E. F., his heirs, executors, administrators, and assigns, and his and their solicitors and agents, shall at all times have access to the said deeds, evidences, and writings, to examine, copy, or abstract the same, or make extracts therefrom, and for all other reasonable purposes; AND THAT the said deeds, evidences, and writings shall be produced and used on all occasions on which they may be reasonably occasions; required for the support or manifestation of the title of the said C. D., his heirs, executors, administrators, and assigns, to the said W. estates, or any part thereof, and of the said E. F., his heirs,

-and that the deeds shall be

produced on

all reasonable

and that, if

either of the mortgages shall be paid off, the deeds shall be given to the other mortgagee.

executors, administrators, or assigns, to the said S. estates, or any part thereof; AND THAT, when and if the said mortgage on either of the said estates shall be paid off, while any money remains on the mortgage of the other of the said estates, the said deeds, evidences, and writings shall be delivered and belong to the mortgagee whose mortgage-money, or some part of whose mortgagemoney, shall still remain unpaid, his heirs, executors, administrators, and assigns. IN WITNESS &c.

THE SCHEDULE to which the above-written INDENTURE refers.

Parties.

Recital of first mort

gage;

LII.

AGREEMENT for the DEPOSIT of DEEDS relating to an Estate mortgaged to Two Mortgagees SUCCESSIVELY.

THIS INDENTURE, made &c., BETWEEN A. B., of &c., and C. D., of &c. [mortgagors], of the first part; E. F., of &c., G. H., of &c., and J. K., of &c. [first mortgagees], of the second part; and L. M., of &c., N. O., of &c., P. Q., of &c., and R. S., of &c. [second mortgagees], of the third part. WHEREAS, by an indenture dated the day of

and made, or expressed to be made, between [parties], divers hereditaments, situate in the parish

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