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and the cleansing and repairing the sewers and drains thereunder the amount to be determined by such surveyor as aforesaid and to be recoverable as rent in arrear; A covenant to pay the rent and all rates taxes assessments and outgoings (landlord's property tax only excepted) in respect of the dwelling-house and premises thereby demised; A covenant to repair the said dwelling-house and premises and to keep the same in good condition and complete repair; A covenant to paint all the outside wood and iron work once at least in every three years and the inside wood and iron work once at least in every seven years; A covenant to permit the said A. and his successors in title and his and their agents at all reasonable times to enter the said dwelling-house and premises to view the condition thereof and to give to the lessee notice of all decays and wants of repair and a covenant to make good such decays and wants of repair within three months; A covenant to insure the said dwelling-house and premises in the sum of two thirds of the amount of the rent at the least in the joint names of the said A. and the lessee, and to pay all premiums and produce all receipts for premiums and to lay out all moneys received under any such insurance in rebuilding the said dwelling-house and premises and in case the moneys received shall be insufficient then to make good the deficiency at the cost of the lessee; A covenant not to make any addition or alteration to the said dwelling-house and premises; A covenant not to carry on or permit to be carried on any trade or business but to use the said dwelling-house and premises as a private dwelling-house only; A covenant at the expiration or sooner determination of the said term quietly to yield up the said dwelling-house and premises in good condition and complete repair. And every such lease shall contain a proviso for re-entry in case of non-payment of rent or breach of any covenant. And every such lease shall be prepared by the solicitor of the said A. and shall be in such form as the said solicitor shall require for the purpose of carrying out this agreement, and a counterpart of

such lease shall be executed by the lessee and delivered to the said A. The costs of the preparation and execution of every such lease and counterpart shall be paid by the said L. or his nominee.

may be

9. If the said L. or his nominees shall fail in erecting and In case of default by completing the said dwelling-houses and stables and out- lessee, buildings and in rendering them fit for habitation within agreement the said -years or shall fail to comply with the terms avoided. of this agreement it shall be lawful for the said A. notwithstanding anything that may have been done thereunder to determine and make void this agreement except as to such parts of the said hereditaments as shall have been actually demised.

10. Nothing herein contained shall operate as a present Agreedemise or to vest the said hereditaments in the said L. IN WITNESS &c.

ment not to operate as lease.

LXXI.

BUILDING LEASE by TENANT for LIFE under the SETTLED
LAND ACT, 1882, to a NOMINEE of the BUILDER.

day of

THIS INDENTURE made the Between A. of &c. (tenant for life) of the 1st part L. of &c. (builder) of the 2nd part and P. of &c. (nominee of builder) of the 3rd part, WITNESSETH that in consideration of the expense already incurred by the said L. in erecting the dwelling-house hereinafter mentioned and in consideration of the rents and covenants hereinafter contained and on the part of the said P. to be paid observed and performed respectively the said A. in exercise of the power for this purpose given to him by the Settled Land Act, 1882, as tenant for life in possession of the hereditaments intended to be hereby demised and of every other power enabling him in this behalf doth hereby by the direction of the said L. demise unto the said P. his executors administrators and assigns ALL that piece of land Parcels. situate &c. and containing acres by admeasurement

Rent.

as the same is delineated on the plan drawn in the margin
of the
skin of these presents and thereon coloured
red, Together with the messuage or dwelling-house now
erected and in course of completion thereon, TO HAVE AND
TO HOLD the piece of land messuage and premises hereby
demised UNTO the said P. his executors administrators and
assigns for the term of ninety-nine years from the
day of, YIELDING AND PAYING therefor during the
first - years of the said term the rent of a peppercorn
if demanded and during the residue of the said term the
yearly rent of £-
— payable quarterly on the 25th day
March &c. every year without any deduction whatsoever
(landlord's property tax if any only excepted) the first of
such payments to be made on the

day of Covenants next. AND the said P. doth hereby covenant with the by lessee said A. that he the said P. his executors administrators to pay rent or assigns will during the continuance of the said term punctually pay the said rent on the days and in manner and taxes, aforesaid, AND will also pay all rates taxes assessments and outgoings which are or may become payable in respect of the said premises hereby demised or the buildings erected thereon (landlord's property tax if any only excepted): AND ALSO will within the period of

to com

plete

dwelling years from the said house,

day of

complete finish and render fit for habitation the said dwelling-house with the stables and outbuildings thereon and with all proper drains sewers watercourses and conveniences in a good and workmanlike manner with sound and substantial materials to the satisfaction of the surveyor of the said A. or his successors in title and in accordance with the plans and elevations already approved by the said surveyor and signed by him and the said L.: AND will not erect any building on the said piece of land hereby demised otherwise than in accordance with the said plans and elevations: AND will contribute a reasonable proportion towards the maintenance and repair of the road marked on the said plan repair of and thereon called Road and the pavements thereon and towards the cleaning and repairing the drains and

not to

erect other

buildings,

to contribute towards

road.

sewers under the said road, the amount of such contribution to be determined by the said surveyor of the said A. or of his successors in title and to be recoverable as rent in arrear: (Add covenants to repair, to paint, to permit the lessor to view the condition of the premises, and thereupon to repair defects, to insure, not to alter the premises, not to trade on the premises, quietly to yield up, Proviso for re-entry, Covenant by lessor for quiet enjoyment, as in Prec. LXVIII., p. 123, mutatis mutandis). IN WITNESS &c.

LXXII.

UNDERLEASE at advanced rent.

THIS INDENTURE made the

day of

Between L. of &c. (underlessor) of the one part and U. of &c. (underlessee) of the other part, WHEREAS by an Lease. Indenture dated &c. and made between A. of the one part and the said L. of the other part ALL &c. (parcels from lease) with the appurtenances were demised by the said A. to the said L. his executors administrators and assigns for the term of years from the day of

ment for

at the yearly rent thereby reserved and subject to the covenants and conditions therein contained and on the part of the lessee to be observed and performed, AND AgreeWHEREAS the said L. has agreed to grant to the said U. an underunderlease of the said premises upon the terms hereinafter lease. expressed, NOW THIS INDENTURE WITNESSETH that in pursuance of the said agreement and [in consideration of the said sum of £now paid by the said U. to the said L., The receipt whereof the said L. doth hereby acknowledge, and also] in consideration of the rent hereinafter reserved and the covenants hereinafter contained on the part of the said U. He the said L. doth hereby demise Demise of premises. unto the said U. his executors administrators and assigns ALL AND SINGULAR the messuage or dwelling-house with the stables outbuildings yard garden grounds and premises comprised in the hereinbefore recited Indenture of Lease

lessee to pay rent &c.,

TO HAVE AND TO HOLD the messuage and premises hereby demised unto the said U. his executors administrators and assigns for the term of

of —

years from the

day

YIELDING AND PAYING therefor during the said

term hereby granted the yearly rent of £- — payable
quarterly on the
&c. in every year

day of

without any deduction whatsoever the first of such quarterly payments to be made on the

day of

next, AND ALSO YIELDING AND PAYING &c. (see p. 122). Covenant AND the said U. doth hereby covenant with the said L. by underthat he the said U. his executors administrators or assigns will during the continuance of the said term hereby granted punctually pay the said rent hereby reserved on the days and in manner aforesaid, And will also pay all rates taxes and outgoings which are or may become payable in respect of the said messuage or premises or any part thereof: AND also will at all times during the said term hereby granted observe and perform all the covenants and conditions contained in the herein before recited Indenture of Lease and on the part of the lessee to be observed and performed except the covenant therein contained for payment of the rent thereby reserved and will keep indemnified the said L. his executors administrators and assigns against the said covenants and conditions and all actions To yield claims and demands on account thereof: AND will at the

and to observe the covenants of the lease.

up.

expiration or sooner determination of the said term hereby granted quietly surrender and yield up to the said L. his executors administrators or assigns the said messuage and premises in such good condition and complete repair as that in which the said messuage and premises are required to be surrendered by the herein before recited Indenture of Lease at the expiration or sooner determination of the term thereby granted. (Proviso for re-entry, see p. 124, mutatis mutandis). AND the said L. doth hereby covenant with the said U. that he the said U. his executors administrators and assigns paying &c. (covenant for quiet enjoyment, see p. Covenant 124, mutatis mutandis): AND also that he the said L. his by lessor executors administrators and assigns will during the said

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