Putnam's Handy Law Book for the Layman Part 20

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 inst.i.tuted 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__.

20

a.s.signment 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, a.s.signed, transferred, and conveyed, and do____ hereby sell, a.s.sign, 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.

(a.s.signment clause.)

21

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.

22

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 princ.i.p.al 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.

23

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 a.s.sign 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.

This lease is made and accepted on this express condition, that in case the part____ of the second part should a.s.sign this lease or underlet the said premises, or any part thereof, without the written consent of the part____ of the first part, that then the part____ of the first part, his heirs or a.s.signs, in his option, shall have the power and the right of terminating and ending this lease immediately, and be ent.i.tled to the immediate possession of said premises, and to take summary proceedings against the part____ of the second part, or any person or persons in possession as tenant, having had due and legal notice to quit and surrender the premises, holding over their term.

It is further agreed between the parties, that in case said premises should be destroyed by fire before or during said term, that then this lease is to cease and determine; the rent ________ to be paid up to that time.

In witness whereof, the parties have hereunto set their hands and seals the day and year first above written.

In the presence of ________ ________ ________

24

Farm Lease

This indenture, made the ____ day of ________ in the year of our Lord, 19__, between A.B., of the city of ________, party of the first part, and C.D., of the same place, party of the second part, witnesseth:

That the said party of the first part, in consideration of the rents, covenants, and agreements hereinafter mentioned, reserved, and contained on the part of the said party of the second part, his executors, administrators, and a.s.signs, to be paid, kept, and performed, has demised and to farm let, unto the said party of the second part, his executors, administrators, and a.s.signs, all (insert description), with the appurtenances, unto the said party of the second part, his executors, administrators, and a.s.signs, from the ____ day of ________, 19__, for the term of ten years then next ensuing, yielding and paying therefor, unto the said party of the first part, his heirs or a.s.signs, yearly and every year during the said term hereby granted, the yearly rent or sum of $________, in equal half-yearly payments, to-wit: on the 1st days of October and April in each and every year; provided, that if the yearly rent above reserved, or any part thereof, shall be unpaid on any day of payment whereon the same ought to be paid as aforesaid; or if default shall be made in any of the covenants or agreements herein contained, on the part of the said party of the second part, his heirs or a.s.signs, to re-enter upon the said premises, and the same to have again, as in their first and former estate.

And the said party of the second part does covenant and agree, with the said party of the first part, his heirs and a.s.signs, that he, the said party of the second part, his executors, administrators, or a.s.signs, will yearly and every year during the said term, pay unto the said party of the first part, his heirs or a.s.signs, the yearly rent above reserved, on the days and in manner limited and prescribed as aforesaid, for the payment thereof, without any deduction or delay.

And that the said party of the second part, his executors, administrators, or a.s.signs, will, at his own proper costs and charges, bear, pay, and discharge all taxes, duties, and a.s.sessments, as may, during the said term hereby granted, be charged, a.s.sessed, or imposed upon the said demised premises. And that on the determination of the estate hereby granted, the said party of the second part, his executors, administrators, or a.s.signs, shall and will leave and surrender unto the said party of the first part, his heirs or a.s.signs, the said demised premises in as good stage and condition as they are now in, ordinary wear and damages by the elements excepted.

And the said party of the first part does covenant and agree, with the said party of the second part, his executors, administrators, and a.s.signs, that the said party of the second part, his executors, administrators, and a.s.signs, paying the said yearly rent above reserved, and performing the covenants and agreements aforesaid on his part, the said party of the second part, his executors, administrators, and a.s.signs, shall and may at all times during the said term hereby granted, peaceably have, hold, and enjoy the said demised premises, without any manner of trouble or hindrance of or from the said party of the first part, his heirs or a.s.signs, or any other person or persons whomsoever.

In witness whereof, the parties to these presents have hereunto set their hands and seals.

Sealed and delivered in the presence of

________ A.B. (L.S.)

25

Lease of Furnished Rooms

Memorandum. It is agreed by and between A.B. and C.D., as follows, viz.: The said A.B., in consideration of the rent hereinafter mentioned and agreed to be paid to him, hath letten to the said C.D.

one room, up two flights of stairs forward, part of the now dwelling-house of the said A.B. situate on ________ Street, in the city of ________, together with the furniture at present standing therein--that is to say: (insert furniture). To hold to the said C.D.

for the term of two years, to commence from ________, 19__, at the yearly rent of $100, to be paid quarterly to the said A.B.

The said C.D., in consideration hereof, agrees to pay the aforesaid yearly rent of $100, at the times above limited for payment thereof; and at the end of the term, or in case of any default in the payment, shall and will, on the request of the said A.B., or his a.s.signs, immediately yield and deliver up to him or them, the peaceable and quiet possession of the said room, together with the whole furniture he, from the first entrance thereon, there found and possessed, in good, and sufficient plight and condition, reasonable wear and tear only excepted.

In witness whereof the parties have signed this agreement, this ____ day of ________, 19__.

A.B.

C.D.