Upon trust, if annuity in

grant, bargain, sell, and demise unto the said [trustee], his
executors, administrators, and assigns, THE said messuages,
lands, tenements, hereditaments, and all and singular other
the premises hereinbefore particularly mentioned, and hereby
charged with the payment of the said annuity or yearly rent
or sum ofl., or expressed or intended so to be, with their
appurtenances, TO HAVE AND TO HOLD the said messuages,
lands, tenements, and hereditaments, and all and singular
other the premises hereby granted, bargained, sold, and de-
mised, or expressed or intended so to be, with their and every
of their appurtenances, unto the said [trustee], his exe-
cutors, administrators, and assigns, from the day next before the
day of the date of these presents, for and during and unto the
full end and term of ninety-nine years thenceforth next en-
suing, and fully to be complete and ended, if the said [grantor]
shall so long live, without impeachment of waste, upon and for
the trusts, intents, and purposes, and with, under, and subject to
the powers, provisoes, and agreements hereinafter expressed
and contained of and concerning the same, (that is to say)
Upon trust, that if the said annuity or yearly rent or sum of
-l., or some part thereof, shall at any time or times be in
arrear and unpaid by the space of forty days next after the
same ought to be paid as aforesaid, then and in such case,
when and so often as the same shall happen, he the said
[trustee], his executors, administrators, or assigns, DO and expenses;
shall, by and out of the rents, issues, and profits of the said
hereditaments and premises, or by demising, leasing, mort-
gaging, or selling the same premises, or any part thereof, for
all or any part of the said term, or by bringing actions
against the tenants or occupiers of the same premises for the
recovering of the rents, issues, and profits thereof, or by more
than one or by all the ways and means aforesaid, or by such
other ways and means as to him or them shall seem meet,
levy and raise such sum and sums of money as will be suf-
ficient, or as he or they shall think proper or expedient to
raise for paying or satisfying to the said [grantee], his exe-
cutors, administrators, or assigns, the said annuity or yearly
rent or sum of —l., or such part thereof as shall be so in
arrear and unpaid, and all costs, charges, and expenses
whatsoever which the said [grantee] and the said [trustee],

arrear 40 days, by sale, mort

gage,

&c. to

raise money and pay annuity and

and surplus to grantor.

In the mean time permit grantor to

receive rents.

Grantor covenants to pay annuity.

or either of them, their or either of their executors, administrators, or assigns, shall or may sustain, expend, or be put unto by reason of the nonpayment thereof, or otherwise in the execution of the trusts of the the said term of ninety-nine years, and do and shall apply the money so to be levied and raised, or a competent part thereof, in or towards satisfaction of the said arrears, costs, charges, and expenses accordingly, and pay the surplus or residue thereof (if any) unto the said [grantor], his executors, administrators, or assigns, to and for his and their own use and benefit; And upon further trust, that he the said [grantee], his executors, administrators, and assigns, DO and shall, subject and without prejudice to the trusts herein before contained, permit the said [grantor], his executors, administrators, and assigns, to receive and take the rents, issues, and profits of the said hereditaments, to and for his and their use and benefit: AND the said [grantor], for himself, his heirs, executors, and administrators, DOTH hereby covenant, promise, and agree to and with the said [grantee], his executors, administrators, and assigns, in manner following, (that is to say) that he the said [grantor], his heirs, executors, or administrators, shall and will well and truly pay or cause to be paid unto the said [grantee], his executors, administrators, and assigns, for and during the natural life of him the said [grantor], the said annuity or yearly rent or sum of —————l. clear of all deductions and reprizes whatsoever, when and as the same shall become due and payable as aforesaid by virtue of and according to the true intent and meaning of these presents, and also such proportional part thereof as aforesaid; And that he the said [grantor] now hath that he has good in himself good right, full power, and lawful and absolute authority to grant and confirm the said annuity or yearly rent or sum ofl., and the said powers and authorities for recovering and compelling payment thereof as aforesaid, and to charge the same upon all and singular the said hereditaments and premises hereinbefore mentioned, and also to grant, bargain, sell, and demise the said premises unto the said [trustee], his executors, administrators, and assigns, for and during the term of ninety-nine years, Upon the trusts aforesaid, and according to the true intent and meaning

And for title:

right to grant ;

and charge

same.

distresses.

term:

cumbrances.

assurance.

of these presents; And that all and singular the said pre- That premises mises shall, during the natural life of the said [grantor], with the shall be charged remain, continue, and be charged with and subject to the annuity; said annuity or yearly rent or sum of ―l., and subject and liable to the distress and distresses, entry and entries, of and subject to the said [grantee], his executors, administrators, and assigns, for recovering the same, and for all costs, charges, and expenses, to be occasioned by the nonpayment thereof; And shall and may be held, possessed, occupied, and en- And be held by joyed by the said [trustee] his executors, administrators, and trustee for the assigns, for the said term of ninety-nine years, determinable as aforesaid, and according to the true intent and meaning of these presents; And that free and clear, and freely and clearly Free from inand absolutely exonerated and for ever discharged, or by the said [grantor] or his assigns well and sufficiently saved, defended, kept harmless, and indemnified of, from, and against all charges and incumbrances whatsoever: AND FURTHER, And for further that he the said [grantor], and all other persons whomsoever having or claiming any estate or interest, legal or equitable, into or out of the said messuages, lands, tenements, and hereditaments, and all and singular other the premises hereby granted, bargained, sold, and demised or intended so to be, shall and will at any time or times hereafter, upon every reasonable request of the said [grantee] and [trustee], or either of them, their or either of their executors, administrators, or assigns, but at the proper costs and charges of the said [grantor] or his assigns, make, do, and execute, or cause and procure to be made, done, and executed, all and every such further and other lawful and reasonable acts, deeds, assurances, matters, and things whatsoever, for the further better, and more effectually charging the said hereditaments and premises with the said annuity, or yearly rent, or sum of ——l., and with such powers and remedies for recovering and enforcing payment thereof as aforesaid; and also for the further and more effectually granting, bargaining, selling, and demising the said messuages, lands, tenements, and hereditaments, and all and singular other the premises hereby granted, bargained, sold, and demised according to the true intent and meaning of these presents, as by the said [grantee] and trustee], or either of them, their or either of their exe

3d Witness; Judgment is a

and no execution to issue till annuity in arrear 21 days.

cutors, administrators, or assigns, or their counsel in the law, shall be reasonably devised or advised and required: AND THIS INDENTURE FURTHER WITNESSETH, and it is further security, hereby agreed and declared between and by the parties to these presents, that the judgment so to be entered up against the said [grantor] as aforesaid is intended and agreed to be a further security to the said [grantee], his executors, administrators, and assigns, for the said annuity or yearly sum ofl. hereby secured, and that no execution or executions shall be issued or taken out upon the said judgment unless and until the said annuity or yearly rent or sum of —l., or some part thereof, shall be in arrear by the space of twenty-one days next after any of the said days or times on which the same ought to be paid as aforesaid, and that in case, and when and so often as the said annuity or yearly rent or sum of —————l., or any part thereof, shall be in arrear by the space of twentyone days, then and in such case, and when and so often as the same shall happen, it shall be lawful to and for the said [grantee], his executors, administrators, or assigns, to sue out such execution or executions upon or by virtue of the said judgment as he or they shall think fit for the recovery of the arrears of the said annuity or yearly rent or sum of —l., and all costs, charges, and expenses (if any) which he the said [grantee], his executors, administrators, and assigns, shall bear, sustain, or be put to for or by reason of the nonpayment thereof; And it is hereby agreed and declared, that the received grantee said [grantee], his executors, administrators, or assigns, shall, by, with, and out of the money to be received by the ways and pay surplus and means lastly hereinbefore mentioned, retain, pay, satisfy, and discharge all the arrears of the said annuity or yearly rent or sum ofl., and all costs, charges, and expenses (if any) to be occasioned by the nonpayment thereof, and shall pay the residue or surplus of the money so to be raised to the said [grantor], his executors, administrators, or assigns, for his and their proper use and benefit; And it is hereby further agreed to revive judg- and declared between and by the parties to these presents, that it shall not be necessary for the said [grantee], his executors, administrators, or assigns, to revive or cause to be revived the said judgment, or do any act, matter, or thing to keep the same on foot, notwithstanding the same judgment

Out of money

to retain an

nuity arrears

and expenses,

to grantor.

Not necessary

ment.

After decease of will acknowledge satisfacjudgment on

grantor, grantee

tion on the

record.

shall have been entered of record for the space of one year or upwards, and that the said [grantor], his heirs, executors, or administrators, shall not nor will have or take or attempt, by any ways or means whatsoever, to have or take any ad-" vantage of the want of reviving or keeping the said judgment on foot, and that if he or they shall attempt so to do by action, motion, or other legal proceeding or proceedings whatsoever, this present agreement shall or may be pleaded or shown in bar thereto, any rule or practice of the courts, or any of them, to the contrary thereof in anywise notwithstanding: PROVIDED ALWAYS, and it is hereby agreed and declared between and by the parties to these presents, that after the decease of the said [grantor], and full payment to the said [grantee], his executors, administrators, or assigns, of the said annuity or yearly rent or sum ofl., and all arrears thereof up to the day of the decease of the said [grantor], and of all such costs, charges, and expenses as aforesaid, the said [grantee], his executors, administrators, or assigns, shall, at the request, costs, and charges of the heirs, executors, administrators, or assigns of the said [grantor], acknowledge satisfaction upon the said judgment so to be entered up against the said [grantor] on the record thereof, in due form of law, or do any further or other reasonable acts, matters, or things that may be required in regard thereto, so that for the doing thereof the said [grantee], his executors, administrators, or assigns, be not compelled or compellable to travel from his or their place or places of abode: AND THIS IN- 4th Witness; DENTURE ALSO WITNESSETH, and the said [grantee] doth Repurchase hereby covenant, promise, and agree with and to the said [grantor], his executors and administrators, that in case the said [grantor] shall be minded or desirous of repurchasing the said annuity or yearly rent or sum ofl. at any time hereafter, and of such his intention shall give three calendar months' notice in writing unto the said [grantee], his executors, administrators, or assigns, then and in such case he the said [grantee], his executors, administrators, or assigns, shall and will, at any time after expiration of the said three calendar months for which such previous notice shall be so given as aforesaid, and on receiving of and from the said [grantor] full payment of the said annuity or yearly rent or sum

clause.