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pressed or intended to bear date the

and

day of thereby assigned, or expressed or intended to be assigned unto the said (mortgagee), his executors, administrators, or assigns, for the residue then to come of the said term of

years; together with all and every the appurtenances whatsoever to the said messuages or tenements, and premises belonging, or in anywise appertaining; and all the estate, right, title, interest, trust, property, possession, claim and demand whatsoever, both at law and in equity of him the said (mortgagee), of, in, or to the said premises, and every, or any part thereof under, or by virtue of the said hereinbefore in part recited indenture of mortgage, or otherwise howsoever in relation thereto; together also with the said in part recited indenture of assignment, and all and singular other the deeds, evidences and writings now in the custody or power of him the said (mortgagee), relating to the said premises, or any part thereof. TO HAVE AND TO HOLD the said messuages or tenements, and all and singular other the premises hereby assigned or mentioned or intended so to be unto the said (mortgagor) (1), his executors, administrators and assigns, for and during all the residue and remainder now to come and unexpired of and in the said term of years, in or by the said in part re

RE-ASSIGNMENT.

Leaseholds

(mortgaged).

To hold to the mortgagor for the residue of the term.

(1) If the mortgagor be immediately to convey to a new mortgagee, New mortgagee.

say

Unto the said (mortgagor), his executors, administrators and assigns, for the residue and remainder now to come and unexpired of the said term of years, but nevertheless in trust for the said (new mortgagee), his executors, administrators and assigns, and to and for the end, intent and purpose, that he the said (mortgagor), his executors or administrators, do and shall immediately after the execution of these presents, assign and transfer the same messuages or tenements and premises unto the said (new mortgagee), his executors, administrators, or assigns, for securing the repayment of the said sum of L so advanced by him as aforesaid, with interest for the same after the rate of £ per cent. per annum, at the days and times, and in the manner and form expressed in and according to the true intent and meaning of a certain indenture already prepared and engrossed, and bearing or intended to bear even date with these presents, and made or expressed to be made between the said (mortgagor) of the one part, and the said (new mortgagee) of the other part, wholly and absolutely freed, exonerated and discharged of and from all liens, charges, claims and demands, as well legal as

RE-ASSIGNMENT. cited indenture of the

Leaseholds (mortgaged).

Freed of mortgage.

Covenant by mortgagee that he has not incumbered.

day of

and all in

assigned to him the said (mortgagee) as aforesaid, wholly and absolutely freed, exonerated and discharged of and from the said sum of £ terest and other monies now or heretofore due in respect thereof, and of and from all other liens, charges, claims and demands whatsoever, as well legal as equitable, of or by the said (mortgagee), his executors, administrators, or assigns, upon or concerning the same respectively, by reason of the said in part recited mortgage or otherwise howsoever. AND the said (mortgagee) for himself, his heirs, execucutors and administrators, doth hereby covenant, declare and agree with and to the said (mortgagor), his executors, administrators and assigns, in the manner following (that is to say), that he the said (mortgagee) hath not at any time or times heretofore made, done, committed, occasioned or knowingly suffered or omitted any act, deed, matter or thing whatsoever, whereby or by reason or means whereof, the said messuages or tenements and premises hereby assigned or mentioned or intended so to be, or any of them, or any part thereof, or any estate or interest therein, are, is or can or may be impeached, charged, incumbered, or in anywise prejudicially affected in estate, title, value, or otherwise howsoever. NESS, &c.

IN WIT

equitable, of him the said (old mortgagee), his executors or administrators, upon or concerning the same respectively, by reason of the said hereinbefore in part recited indenture of mortgage of the

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day

RE-ASSIGNMENT.

Leaseholds, &c. (trust premises).

No. CCCCXXXVII.

A Re-assignment of Leasehold and Personal Estates, by Trustees,
to their Cestui que Trust on Trusts being satisfied.

Variations where the Re-assignment is made by Assignees of
a Bankrupt. Where by the Representatives of the surviving
Trustee.

THIS INDENTURE made the

day of

in the

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year of the reign, &c. and in the year of our Lord 18 BETWEEN (1) (the trustees) of, &c. of the one part, and (the cestui Parties. que trust, debtor, or bankrupt, as the case may be) of, &c. of the other part (2). WHEREAS by an indenture of assignment bearing Recital of as

signment of

(1) If the re-assignment be made by the assignees of a bankrupt, Assignees of bankrupt.

say,

"BETWEEN (the assignees) of, &c. assignees of the estate and effects of (the bankrupt) of, &c. of the one part, and the said (bank

rupt) of the other part."

If the re-assignment be made by the representatives of the surviving Representatives trustee, say,

"(The executors or administrators) executors of the last will and testament, (or administrators of the estate and effects) of (the surviving trustee) late of

deceased, who was the surviving

trustee named and appointed in and by a certain indenture hereinafter mentioned, of the one part."

of surviving trustee.

(2) If the re-assignment be made by assignees of a bankrupt, recite Assignees of here the commission and appointment of assignees, as post. p. 587. bankrupt. n. (3), and then say,

“AND WHEREAS by an indenture of bargain and sale enrolled in

BE-ASSIGNMENT.

Leaseholds, &c. (trust premises).

leaseholds to trustees.

date the

day of

, in the year of our Lord

and made or expressed to be made between the said (cestui que trust) of the one part, and the said (trustees) of the other part, the several messuages or tenements and premises hereinafter particularly described, were, together with other messuages or tenements and premises therein mentioned, assigned unto the said (trustees), their executors, administrators and assigns, for the residue of the term of years then to come therein, under or by virtue of the indenture of lease under which the same were holden, UPON TRUST, by sale or other disposition of the same or any part thereof, to pay and satisfy the several debts mentioned in the schedule thereunder written, in the manner therein mentioned. AND WHEREAS the said (trustees) in pursuance and exercise of the trusts so reposed in them by the said in part recited indenture, afterwards sold and disposed of various parts of the messuages or tenements and premises so assigned to them for that purpose, and by and out of the produce thereof have fully paid and satisfied all and every the debts mentioned in the schedule to the said in part recited indenture annexed, together with all costs Part of premises and expenses attending the execution of the said trusts. AND WHEREAS the several messuages or tenements and premises hereinafter described (being part and parcel of the messuages or tenements and premises comprised in the said in part recited indenture) still

Sale of part of premises.

remain unsold.

his Majesty's court of
day of

at Westminster, bearing date the which was in the year , and made

or expressed to be made between, &c. the said (commissioners) bargained, sold, and assigned all and singular the goods, wares, merchandize, chattels, stock in trade, debts, sum and sums of money, and other the personal estate whatsoever of him the said (bankrupt) unto the said (assignees), their executors, administrators and assigns, UPON TRUST for themselves and other the creditors of the said bankrupt, who should thereafter seek relief under the said commission. AND WHEREAS the said (assignees) by and out of the said personal estate and effects of the said (bankrupt) so assigned to them as aforesaid, have fully paid and discharged all debts and demands due and owing by the said (bankrupt). AND WHEREAS the messuages or tenements, and other the premises hereinafter described, still remain unsold and undisposed of, &c." as above.

Leaseholds, &c. (trust premises).

WITNESS.

The trustees re

assign

remain undisposed of (1), wherefore the said (cestui que trust) hath RE-ASSIGNMENT. requested the said (trustees) to re-assign and assure the same to him in the manner hereinafter expressed, which they have consented to do. Now THIS INDENTURE WITNESSETH, that for the consideration aforesaid, [and also for and in consideration of the sum of five shillings of lawful English money, to the said (trustees) in hand paid by the said (cestui que trust) at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged] they the said (trustees) HAVE, and each of them HATH, bargained, sold, assigned, transferred, released, relinquished, and quitted claim, and by these presents Do, and each of them DoтH, bargain, sell, assign, transfer, release, relinquish, and quit claim, and by way of conveyance only, and not for or by way of warranty of title, Do, and each of them DоTH, grant and assure unto the said (cestui que trust), his executors, administrators, and assigns, ALL, &c. (2) be- Parcels. ing part and parcel of the several messuages or tenements and premises comprised in and expressed to be assigned to them the said (trustees) by the said hereinbefore in part recited indenture of the day of in trust to sell as aforesaid (3), together with all and all manner of rights, members, easements, privileges, advantages, appendages, and appurtenances to the same premises, or any of them, or any part thereof respectively belonging; and all the estate, right, title, interest, term and terms of years now to come and unexpired, trust, property, possession, claim and demand whatsoever, both at law and in equity, or otherwise howsoever, of them the said

(1) If the re-assignment be made by the representatives of the sur- Representatives viving trustee, recite here his decease, and his will and appointment of of surviving executors, or intestacy, as post. p. 589.

trustee.

(2) Insert here a particular description of the premises intended to be Parcels. re conveyed.

(3) If personalty be also re-assigned, add,

"And also ALL and every the debts and sums of money, goods, household furniture, plate, linen, china, and other goods, chattels, and things whatsoever, part and parcel of the personal estate of the said (debtor) so assigned to them the said (trustees) by the same in part recited indenture, and still remaining undisposed of, and outstanding, and due and owing to them the said (trustees) under or by virtue of the said indenture.”

Personalty.

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