PURCHASES. LEASEHOLDS. Vendor to Purchaser by Indorsement. No. LXXII. An Assignment of Leasehold Premises to a Purchaser, by Indorsement (1) on the Lease. WITNESS, in TO ALL TO WHOM (2) these presents shall come the within named (lessee) sends greeting. WHEREAS the said (lessee) has contracted with (3) (the purchaser) of, &c. for the purchase of the messuage or tenement, and premises comprised in the within written indenture for the residue of the term of at the sum of £ years, now to come therein, NOW THESE PRESENTS Indorsement. Deed-poll. Auction. (1) Where the whole of the premises comprised in the lease are intended to be assigned, or if for any other reason the lease is delivered to the assignee, the most convenient mode of assigning is by indorsement, which prevents the separation of the title. (2) This assignment may be by indenture or deed-poll; but where no covenants are entered into by the assignee, as in the present case (see post, p. 187, n. (1)), and a counterpart therefore not necessary, a deed-poll is equally efficacious as an indenture; and as the whole of the deed proceeds from the assignor, a deed-poll, or declaration by him alone, seems with respect to technical propriety the most proper. (3) If the premises were sold by public auction, recite as ante, p. 132, n. (1). WITNESS, that in pursuance of the said agreement, PURCHASES. and in consideration of the sum of £ of LEASEHOLDS. Vendor to Purchaser by Indorsement. lawful money (1) of the United Kingdom of Great Britain and Ireland, of English value and currency, to the said (vendor) in hand well and truly paid by the said (purchaser) (2), at or immediately before the sealing and delivery of these presents, the receipt whereof in full for the purchase of the said premises, the said (vendor) doth hereby acknowledge, and of and from the same doth hereby acquit, release, and for ever discharge the said (purchaser), his executors, administrators, and assigns, and also the said premises, by these presents, HE the said (vendor) [HATH bargained, The vendor sold, and assigned, and by these presents], DoтH assigns. bargain, sell, and assign unto the said (purchaser), [his executors, administrators, and assigns], ALL (3) that the messuage, tenement, or dwellinghouse, &c. and all and singular other the premises in or by the within written indenture of lease granted and demised, or therein or thereby mentioned or intended so to be, with all and every of grants and transfer of (1) If the consideration for the purchase be a transfer of Consideration money in the funds, or other than money paid down, vary this stock. part of the draft agreeably to Vol. I. No. XVI. p. 165. (2) If the sale were by public auction, see ante, p. 132, Auction. n. (1). (3) If any material variation, by reason of new erections or Parcels. otherwise, have taken place in the description of the premises, since their demise to the present owner, see ante, p. 136, n. (2). LEASEHOLDS. Vendor to Purchaser by Indorsement. TO HOLD LO the purchaser for the residue of the term. PURCHASES. the rights, members, easements, appendancies, and appurtenances to the same, or any part thereof, belonging, or in any wise incident or appertaining; and all the estate, right, title, interest, possession, property, claim, and demand whatsoever, both at law and in equity, of him the said (vendor), of, in, to, or respecting the same premises. To HAVE AND TO HOLD the said messuage, tenement, or dwelling-house, and all and singular other the premises hereby assigned, or otherwise assured, mentioned or intended so to be, and every part thereof, with their and every of their rights, members, easements, appendages, and appurtenances, unto the said (purchaser), his executors, administrators, and assigns, from henceforth for and during all the rest and residue or remainder of the term of years, in and by the within written indenture granted and demised thereof, now to come and unexpired by effluxion of time. SUBJECT nevertheless to the payment of the rent in or by the same indenture reserved, and which from and after the day of Subject to the rents and co venants in the lease. Covenant by vendor that the lease is valid. shall become due and payable, and to the obşervance and performance of the covenants and agreements therein contained, which by or on the part of the tenant of the said premises, are from henceforth to be observed or performed. AND the said (vendor) for himself, his heirs, executors, and administrators, doth hereby covenant and declare to and with the said (purchaser), his executors, administrators, and assigns, in the manner following (that is to say), that for and day of LEASEHOLDS. Vendor to Purchaser by Indorsement. and taxes paid. notwithstanding any act, deed, matter, or thing PURCHASES. by him the said (vendor), at any time or times heretofore done, committed, occasioned, or knowingly suffered or omitted to the contrary, the within written indenture of lease, at the time of the sealing and delivery hereof is, and during the remainder now to come of the said term of years, thereby granted or demised, shall and will be and continue a good, valid, and effectual lease both at law and in equity, [and not in any manner forfeited, assigned, become void or voidable, or otherwise prejudicially affected]. [AND also, that And the rent the rent thereby reserved, and all taxes and duties payable for or in respect of the premises, have been duly paid up to the last past. AND that all covenants and agreements therein contained, which by or on the part of the tenant of the said premises are to be observed or performed, have been observed and performed up to the date of these presents]. AND also, that for Has right to and notwithstanding any such act, deed, matter, or thing as aforesaid, he the said (vendor) now hath full and absolute right and title to assign and assure the said premises unto the said (purchaser), his executors, administrators, and assigns, in the manner aforesaid, and according to the true intent and meaning of these presents, [for the remainder of the said term of years, now to come, or hereby mentioned to come therein]. AND that the said (purchaser), his executors, For quiet enjoyadministrators, and assigns, shall or lawfully may, from time to time, and at all times hereafter assign. ment. LEASEHOLDS. Vendor to Purchaser by Indorsement. PURCHASES. during the residue now to come and unexpired of the said term, enter into or upon, and have, hold, possess, occupy, and enjoy the same, with their and every of their appurtenances, and receive and retain the rents, issues, and profits thereof, from the day of now last past, to and for his and their own use and benefit, without any hindrance, interruption, or disturbance whatsoever, of or by the said (vendor) his executors or administrators, or any person or persons whomsoever, lawfully claiming or possessing any estate, right, title, or interest, from, under, or in trust for him, them, or any of them [other than any person or persons claiming or entitled under or by virtue of underleases or agreements for underleases, of which counterparts have been produced unto the said (purchaser), his counsel or solicitor, at or before the sealing and delivery of these preFree from in- sents], and that free and clear of and from all former and other grants, bargains, and sales, assignments, conveyances, assurances, estates, rights, titles, charges, liens, and incumbrances whatsoever (save as aforesaid), by him, them, or any or either of them made, incurred, occasioned, or knowingly suffered. AND further, that he the said (vendor) his executors and administrators, and all and every person or persons now or at any time hereafter during the continuance of the said term hereby assigned or otherwise assured, lawfully or rightfully claiming or possessing any estate, right, title, trust, or interest, in, to, or in respect of the said messuage cumbrances. Further as surance. |