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Part 33

Putnam's Handy Law Book for the Layman · Albert Sidney Bolles — chapter 33 of 53 · ~1,565 words · public domain

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Mortgage on Goods and Chattels--Another Form

Know all men by these presents, that A.B., residing at _______, of the first part, for securing the payment of the ______, hereinafter mentioned, and in consideration of the sum of $1, to ______ in hand paid, at or before the ensealing and delivery of these presents, by C.D., of the second part, the receipt whereof is hereby acknowledged, ha__ granted, bargained, sold, and assigned, and by these presents do __ grant, bargain, sell, and assign unto the said part__ of the second part, all ______ now remaining and being _______.

To have and to hold, all and singular, the goods and chattels above bargained and sold, or intended so to be, unto the said part___ of the second part, ______ executors, administrators, and assigns forever. And the said part__ of the first part, for ______ heirs, executors, and administrators, all and singular, the said goods and chattels above bargained and sold unto the said part__ of the second part, ______ executors, administrators, and assigns, against the said part___ of the first part, and against all and every person or persons whomsoever shall and will warrant, and by these presents forever defend.

Upon condition, that if the said part___ of the first part shall and do well and truly pay, or cause to be paid, unto the said part__ of the second part, ______ executors, administrators, or assigns, the sum of ______, then these presents and everything herein contained shall cease and be void. And the said part__ of the first part, for ______ executors, administrators, and assigns, do ______ covenant and agree to and with the said part__ of the second part, ______ executors, administrators, and assigns, to make punctual payment of the money hereby secured ______. And in case default shall be made in payment of the said sum above mentioned, or in case the said part__ of the second part shall sooner choose to demand the said goods and chattels, it shall and may be lawful for, and the said part__ of the first part do ______ hereby authorize and empower the said part__ of the second part, ______ executors, administrators, and assigns, with the aid and assistance of any person or persons, to enter and come into and upon the dwelling-house and premises of the said part__ of the first part, and in such other place or places as the said goods and chattels are or may be held or placed, and take and carry away the said goods and chattels to sell and dispose of the same for the best price they can obtain, at either public or private sale, and out of the money to retain and pay the said sum above mentioned, with the interest and all expenses and charges thereon, rendering the overplus (if any) unto the said part__ of the first part, ______ executors, administrators, and assigns. And until default be made in the payment of the aforesaid sum of money, the said part__ of the first part to remain and continue in quiet and peaceable possession of the said goods and chattels, and the full and free enjoyment of the same, unless the said part__ of the second part, ______ executors, administrators, or assigns, shall sooner choose to demand the same; and until such demand be made, the possession of the said part__ of the first part shall be deemed the possession of an agent or servant, for the sole benefit and advantage of his principal, the said part___ of the second part.

In witness whereof, the said part___ of the first part, ha__ hereunto set ______ hand __ and seal ______ this __ day of ______, 19_.

Sealed and delivered in the presence of _______ County of _______ss.:

On this ___ day of ______, 19, before me came ______, to me known to be the person__ described in and who executed the foregoing instrument, and ______ acknowledged that __ he _______ executed the same.

Notice of Sale under Chattel Mortgage

Notice is hereby given that by virtue of a chattel mortgage, dated on the ___ day of ______, 19, and duly filed in the office of the county clerk of ______ county, ______ on the __ day of ______, 19, and executed by A.B. to C.D. to secure the payment of the sum of $______, and upon which there is now due the sum of $______. Default having been made in the payment of said sum, and no suit or other proceeding at law having been instituted to recover said debt or any part thereof, therefore, I will sell the property therein described, viz.: (here describe the articles substantially as in the mortgage) at public auction at the house of ______, in the (city, town, or precinct) of ______, in ______ county, on the __ day of _______, at one o'clock P.M. of said date.

C.D. Mortgagee.

Dated ___, ______, 19_.

Assignment of Mortgage

This instrument, made this ___ day of ______, 19, between ______, of the first part, and ______, of the second part, witnesseth: That the part__ of the first part, for a good and valuable consideration, to ______ in hand paid by the part__ of the second part, ha__ sold, assigned, transferred, and conveyed, and do__ hereby sell, assign, transfer, and convey to the part__ of the second part, a certain mortgage, bearing date the __ day of ______, 19, made by ______, recorded in the clerk's office of ______ county, in liber ______, of mortgages, at page ______, on the __ day of ______, 19, at __ o'clock __m., together with the bond accompanying said mortgage, and therein referred to, and all sums of money due and to grow due thereon. And the part__ of the first part hereby covenant that there is ______ due on the said bond and mortgage the sum of _______.

In witness whereof, the part___ of the first part ha__ hereunto set ______ hand __ and seal ___ the day and year first above written.

(Assignment clause.)

Agreement for Lease

This is to certify that I have, on this 1st day of _______, 19, let and rented to C.D., lot ______, in block ______, in the city to ______, ______, together with the dwelling-house thereon, with all the appurtenances, and the sole and uninterrupted possession thereof for one year from this date, at the yearly rent of $_______, payable quarterly in advance; rent to cease in case of the destruction of the premises by fire.

(Signed) A.B.

Lease

This agreement, entered into this first day of _______, 19, between A.B. and C.D., witnesseth: That the said A.B., in consideration of the covenants of the said C.D., hereinafter set forth, does hereby lease to the said C.D., from the first day of ______, 19, to the __ day of ______, 19_, the following described property, to-wit: (The southeast quarter of section 15, in township 12 north, range 14 east of 6th principal meridian). And the said C.D., in consideration of the leasing of the premises as above set forth, does hereby covenant and agree to pay said A.B. the rent following, to-wit: (Insert terms and mode of payment). The said C.D. also covenants with the said A.B. that he will cultivate said land in a good and husband-like manner; that he will keep said premises in as good a condition as they now are; the usual wear and incidents by fire excepted, and that he will yield peaceable possession of the same to said A.B. at the expiration of said term.

In witness whereof we have hereunto set our hands this _______ day of ______, 19_.

A.B. C.D.

In presence of E.F.

Lease--Another Form

Landlord and Tenant's Agreement

This instrument, made and executed this ___ day of ______, 19, between ______, of the ______, part__ of the first part, and ______, of the ______, part___ of the second part, witnesseth:

That the part___ of the first part ha__ hereby let and rented to the part__ of the second part, and the part__ of the second part ha__ hereby hired and taken from the part__ of the first part, ______ for the term of ______ years ______ ---- to commence the __ day of ______, 19, at the yearly rent of ______ dollars, payable ______. And the part__ of the second part hereby covenant__ to and with the part__ of the first part to make punctual payment of the rent ______ in the manner aforesaid, and quit and surrender the premises at the expiration of said term, in as good state and condition as they are now in, reasonable use and wear thereof, and damages by the elements excepted, and further covenant__ that __he__, the part___ of the second part, will not use or occupy said premises for any business or purpose deemed extra hazardous on account of fire.

And further covenant___ that __he__, the part__ of the second part, will not assign this lease or underlet the said premises, or any part thereof, to any persons whomsoever, without first obtaining the written consent of said part__ of the first part, and in case of not complying with this covenant, the part__ of the second part agree__ to forfeit and pay to the part__ of the first part the sum of _______ dollars, as and for liquidated damages which are hereby liquidated and fixed as damages and not as a penalty.

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