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By grantee of annuity that grantor shall

be at liberty to repurchase after certain time,

months' notice;

and he will in that event re

the premises.

administrators, and assigns, shall and will pay all fines and dues to be paid in or about the obtaining of such renewal.

CXX. Covenant, promise, and agree with and to the said C. D., his executors, administrators, and assigns, that in case the said C. D., or his assigns, shall be minded or desirous of repurchasing the said annuity or yearly rent or upon giving six sum of £, at any time after the expiration of three years, to be computed from the day of the date of these prelease and assign sents, and of such his intention shall give six calendar months' previous notice in writing to the said A. B., his executors, administrators, or assigns, or leave the same at his or their usual place or places of abode, then and in such case he the said A. B. shall and will, upon the expiration of such notice, and on receiving from the said A. B., or his assigns, all and every sum and sums of money whatsoever which shall then be due for or on account of the said annuity, yearly rent, or sum of £, and a proportionate part thereof up to the day of repurchasing the same, and all sums of money (if any) which shall then be due for or on account of any costs, charges, and expenses occasioned by the nonpayment thereof, accept and take the sum of £ as and in full for the repurchase of the said annuity or yearly rent or sum of £ hereinbefore granted as aforesaid; and on receipt of the said sum of £—, and all arrears of the said annuity or yearly rent or sum of £, and such proportionate part thereof as aforesaid, and all costs as aforesaid, he the said A. B. and said E. F., their executors, administrators, or assigns, shall and will thereupon, at the request and at the proper costs and charges of the said C. D., or his assigns, release, assign, or otherwise dispose of the said annuity or yearly rent or sum of £, and the said hereditaments and premises, and all other the securities hereby given for the same respectively, unto the said C. D., or unto such other person or persons as he or they shall in that behalf nominate or appoint; and do or cause to be done every other act, deed, matter, or thing which shall be necessary for the releasing, assigning, vacating, or discharging the said annuity, yearly rent, or sum of £ (as the case may be or require), and the several securities given for securing and

enforcing the payment thereof as aforesaid, as by the said C. D., or his assigns, or his or their counsel in the law, shall be reasonably advised or devised or required.

CXXI. Covenant, promise, and agree with and to the said A. B. and C. D., their executors, administrators, and assigns, by these presents, that in case the said E. F. the son shall depart this life during the joint lives of the said G. H. and I. K., then and in such case he the said E. F. the father, his heirs, executors, or administrators, or the heirs, executors, or administrators of the said E. F. the son, shall and will yearly and every year during the joint lives of the said G. H. and I. K. well and truly pay or cause to be paid to the said L. M., or her assigns, one annuity or clear yearly sum of £ of lawful money of Great Britain, free and clear of and from all deductions or abatements whatsoever, by four even and equal quarterly payments, on the 25th day of March, the 24th day of June, the 29th day of September, and the 25th day of December in every year, the first quarterly payment of the said annuity to be made on such of the said days of payment as shall first and next happen after the decease of the said E. F. the son, if the said G. H. and I. K. shall be then living.

By father and nuity (after the death of the son) during the joint lives of certain persons. (In settlements).

son to pay an

By intended husband, that

during joint lives of intended mother, he will not reduce property into

wife and her

wife's unsettled

CXXII. Covenant and agree with the said A. B. and C. D. [trustees], their executors, administrators, and assigns, that he the said E. F. shall not nor will, at any time or times during the joint lives of the said G. F. and I. K., make, do, or execute, or cause or procure to be made, done, or executed, any act, deed, assignment, matter, or thing whatsoever, whereby, or by reason or means whereof, all or any of the possession. monies, property, and effects to which the said I. K. is entitled under the will of the said G. H., (expectant as aforesaid), and which are not included in the settlement hereby made, may be or be deemed or taken to be reduced into the actual possession of the said E. F., either at law or in equity.

CXXIII. And the said C. B. doth hereby for himself, his heirs, executors, and administrators, covenant and agree with the said E. F. and G. H., their executors and adminis

For payment of annuity; such covenant to be an auxiliary security only.

That grantor shall have the

option of repur

chasing rentcharge, either

in one sum or in several; and that, on such

the land shall be discharged therefrom: if

part only pur

chased, then to have the option of exonerating

lands released from a just proportion of the

trators, that the heirs, executors, administrators, or assigns
of him the said C. B. shall or will from time to time, from
and after the death of the said C. B., and thenceforth during
the natural life of the said A. B., well and truly answer and
pay, or cause to be answered and paid to the said A. B., or
her assigns, the said annuity or yearly rent-charge of £
or, as the event shall happen, £— a year respectively, re-
ducible as aforesaid, on the days or at the times hereinbefore
appointed for payment thereof respectively; But this cove-
nant is to be and to be deemed only an auxiliary and not a
primary security for the payment of the said annuity or
yearly rent-charge of £, or, as the event shall happen,
£- respectively, reducible as aforesaid. (Vide Tit. IX.

art. cxvii.)

shall be

CXXIV. Covenant and agree with the said E. F. and G. H., their heirs and assigns, that they the said E. F. and G. H., their heirs and assigns, shall be at liberty and have the option of repurchasing the said rent of £—, either in one entire sum, or in several sums, not less than £- in repurchase, the any one purchase, at any time before the said day of whole or part of -; and when and as soon as any such purchase shall be made, to have any part, not exceeding a just proportion, according to the then value of the said messuages or dwellinghouses, plot of land, and hereditaments, or any messuages or dwelling-houses to be erected thereon, exonerated of and from the same rent-charge; and that when and as soon as the full amount of the said yearly rent-charge of £ repurchased, the said rent-charge shall cease and be void to all intents and purposes whatsoever; And further, that from time to time, when and as often as any part or parts of the said rent-charge shall be repurchased, such part or parts as the said E. F. and G. H., their heirs or assigns, shall think fit of the said messuages &c. hereby released or otherwise assured, or intended so to be, not exceeding a just proportion thereof as aforesaid, shall be exonerated and discharged of and from the residue of the said rent-charge; and so much of the same rent-charge as from time to time shall be existing shall be charged and chargeable only on the residue of the said messuages &c.; and that on the request, and at the

residue of rent.

costs and charges of the said E. F. and G. H., their heirs or assigns, they the said A. B. and C. D., their heirs or assigns, shall or will release and discharge of and from the said rentcharge of £, or so much thereof as shall be then subsisting, such part or parts of the said messuages &c., as, by virtue of and pursuant to the agreement hereinbefore contained, are to be exonerated of and from the same rentcharge, or the residue thereof, which shall be subsisting from time to time; and that the residue of the same rent-charge shall, notwithstanding such release, continue as an existing charge on the residue of the said messuages, &c. hereby charged with the same rent-charge.

CXXV. And the said A. B., by way of agreement and not of release, doth hereby grant and agree to and with the said C. D., his heirs and assigns; and the said E. F. and G. H. do hereby severally consent, direct, and appoint that the said rent of £— a year shall henceforth be answered and paid out of the residue of the hereditaments charged with the same exclusively, and by way of exoneration of the close of land, tithes, and hereditaments hereby released or otherwise assured, or intended so to be.

CXXVI. And the said A. B. [jointress], at the request and by the direction of the said C. D. [vendor], testified by his being a party to and executing these presents, doth for herself, her heirs, executors, administrators, and assigns, covenant and agree with the said E. F. [purchaser], his heirs and assigns, that she the said A. B. shall not, nor will at any time hereafter, distrain upon or otherwise resort to the said hereditaments comprised in the said indenture of the &c., or any part thereof, for enforcing or compelling the payment of or for securing the said annual rent-charge of £— so limited to her as hereinbefore is mentioned (a).

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CXXVII. Covenant, grant, declare, and agree to and Not to claim with the said C. D., his heirs and assigns, in trust for the jointure out of part of lands;

(a) Vide Tit. I. art. viii. note, pp. 47-49.

and if claimed, released there

such shall be

from, with a

proviso that

shall remain

subject to the jointure.

said E. F., his heirs and assigns in manner following; (that is to say), that she the said A. B., her executors, administrators, and assigns, or any of them, shall not nor will, at residue of lands any time or times hereafter, claim or demand the payment of the said jointure or rent-charge of £ a year, or any part thereof, out of the said lands, tenements, and hereditaments hereby assigned and surrendered or otherwise assured, or intended so to be; and that in case she the said A. B., her executors, administrators, or assigns, or any or either of them, shall at any time or times hereafter claim or demand the said jointure of £ a year, or any part thereof, out of the same lands, tenements, and hereditaments, or any of them, contrary to the true intent and meaning of these presents, then and in that case, and from that time, the said C. D., his heirs and assigns, and the said lands, tenements, and hereditaments hereby assigned and surrendered or otherwise assured, or intended so to be, and every part thereof, shall be released, exonerated, and discharged of and from the payment of the said rent-charge of £ a year, and every part thereof, and all powers of distress and entry for recovering and enforcing the payment of the same annuity or rent-charge and arrears thereof. Provided always, and it is hereby declared and agreed by and between all the said parties to these presents, as far as they are respectively interested, that the residue of the manors, messuages, lands, tenements, and hereditaments charged and chargeable with the said jointure rent-charge of £ a year, and the payment of such part of the said sums of £- as has not already been raised and satisfied, shall remain subject and liable to the payment thereof respectively, in the same manner as if these presents had not been executed, or as near thereto as may be, and the circumstances of the case will admit.

Direction and

appointment by

request to a trustee, and

CXXVIII. And it is hereby declared and agreed by and between the parties to these presents, and the said A. B. and C. D. do hereby severally direct and appoint, and the said E. F. [trustee], at the instance and request of the said A. B. stand possessed and C. D., testified by their executing these presents, doth hereby, for himself, his heirs, executors, and administrators,

covenant by

the trustee to

of premises for residue of a

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