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per cent. on their claims, and he has been fully discharged from all liability for the residue of his said debts; but in consequence of said creditor's having advanced to him during said bankruptcy proceedings, moneys for his personal and family expenses, and for other good and sufficient reasons, he considers himself morally bound to pay him the residue of said debt, as well as the sum of dollars advanced to him as aforesaid: Now these presents witness that, in consideration of the facts before recited, as also of the agreement of the said creditor hereinafter contained, and for the purpose of rendering himself legally liable to said creditor for the payment of the remainder of said debt, from which he was discharged in bankruptcy as aforesaid, amounting to the sum of dollars, the said debtor hereby expressly acknowledges that he is justly indebted to the said creditor in said sum of dollars, as well as the sum of dollars advanced to him as aforesaid since his said bankruptcy, and agrees to pay said sums within months from the date hereof, together with interest at the rate of - per cent per annum. And the said creditor, in consideration of the promise and agreement hereinbefore contained, hereby agrees that he will not require payment of, or sue for, the said debt unless and until default shall be made in the payment thereof, at the time herein before appointed for the payment of the same. In witness, etc.

(Such an agreement must not be entered into prior to or during the barkruptcy proceedings.)

(8.)

Agreement to Revive a Debt Barred by the Statute of Limitations.

This Agreement made this..

of

day of

hereinafter called the debtor, and

hereinafter called the creditor.

Whereas on the

day of

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19, between

of

19, the said debtor was justly indebted to the said creditor in the sum of for (here state the consideration for said indebtedness-as for goods purchased, money loaned, and if evidenced by a promissory note describe it), and said indebtedness being still unpaid but barred by the statute of limitations, the said debtor, recognizing his moral obligation to pay the same, and being desirous to renew said indebtedness for the purpose of giving full effect to his liability for the payment of such debt, enters into the following agreement:

In consideration of his said indebtedness to said creditor as aforesaid, and of the forbearance of said creditor to sue for the same before the recovery thereof was barred by statute of limitations, the debtor hereby acknowledges the said debt to be justly due to the said creditor, and promises and agrees to pay the same within years from the date hereof, together per cent. per annum.

with interest thereon at the rate of

And the said creditor in consideration of the promise and agreement herein before contained, hereby agrees not to require payment of said debt, or to sue for the same, unless and until default shall be made in the payment thereof at the time appointed.

In witness, etc.

(9.)

Subscription to Build a Church.

are

Whereas, The trustees of a church corporation, known as about to erect a church for such corporation: Now, therefore, we, the undersigned, for the purpose of such erection, in consideration of our mutual promises, hereby agree to and with such trustees, and to and with each other, to pay to the treasurer of said corporation, or his successors in office, the respective sums set opposite our several names, on or before the day of 19. And we hereby authorize and direct said trustees to expend the moneys so subscribed by us in the erection of said church.

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and the parties whose names are hereunto subscribed, hereinafter called the subscribers.

Whereas the subscribers are desirous and deem it for their advantage to have a building for such Association, with a library, reading rooms and gymnasium, erected at in the county of and state of

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and the Association has agreed to erect such a building at said
at a cost not to exceed the sum of
dollars: Now this

agreement witnesseth that, in consideration of the mutual promises herein
contained, the Association and the subscribers hereto agree as follows:
1. The Association hereby agrees to erect, or cause to be erected, said
building, at
according to plans and specifications to be approved

by the board of trustees of said Association, at a cost not to exceed dollars, and to have the same ready for occupancy on or before the day of

-"

19_.

2. The subscribers hereto, in consideration of said undertaking to erect, or cause to be erected, said building, as herein specified, hereby agree, each for himself, or herself, his or her heirs, executors and administrators, to and with said Association, and with each other, to pay to said Association the sums set after their respective names, on the dates and according to the terms herein expressed.

3. It is further agreed that this contract shall not be binding on either party hereto until the sum of dollars at least is subscribed; provided, however, that neither said Association, nor any subscriber, or all of them shall have power to cancel this agreement, as to him, her or them, prior to the 19, it being the object of this proviso that the parties shall have until that date to secure subscriptions amounting to the entire sum of

day of

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dollars.

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to shall have power to cancel this contract as to him, her, or them, by giving

a written notice, personally or by mail, of an intention to do so. If said agreement is cancelled by said Association, notice addressed to the last ascertainable post-office address of any subscriber shall be sufficient; if by a subscriber, notice shall be given to the board of trustees.

5. It is further agreed that within days from the time the total amount of dollars is subscribed, said Association may call for the payment of at least twenty-five per cent. (25%) of the respective subscriptions of said subscribers, and may call for the whole or any part of the remainder at any time after months from the first call.

In Witness Whereof, The said Association has caused this instrument to be executed in its name and sealed with its seal by its thereunto duly authorized, and the several subscribers have set their hands and affixed their common seal the day and year first above written.

(11.)

Agreement to Indemnify Corporation for Issue of New Certificate.

Whereas, The tificate for

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shares of stock in said company, of which shares he is the owner, and the said has represented to said company, and now declares, that the said certificate has been mislaid, lost or destroyed, and has applied to said company to give him another certificate in place thereof, which the said company has consented to do upon receiving the indemnity hereinafter contained, in which as surety has agreed to join: Now, therefore, the said (shareholder) and (surety) do hereby jointly and severally agree to save harmless and indemnify the said company from and against all claims and demands in respect of the said original certificate; and from and against all damages, losses, costs, charges and expenses which said company may sustain, incur or be liable for, or in consequence of any such claims or demands, or of its having given to said shareholder a second certificate as aforesaid.

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in the county of
of said

side of

lying

the line dividing said parcels being line of street, which crosses said the parcel owned by the said and whereas said parties are desirous to provide for wall on said line: Now this agreement, made this 19, by and between said

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party of the second part, witnesseth:

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respectively own two ad

street, in said

feet from the

street at a right angle,

of said dividing line; the erection of a party day of

party of the first part, and said

1. Whichever party first builds adjoining said line shall erect a wall thereon, of such length as such party shall see fit, the same to be of good materials and workmanship, and in conformity with the building laws for the

time being in force; but not more than six inches of wall in thickness, with its proportion of the necessary foundation, shall be placed on land of the other party without his consent.

2. Said wall, when so built, shall be and remain a party wall.

3. Whenever the owner for the time being of the other parcel uses said wall, or any part thereof, he shall pay to the party who constructed the same, or to his heirs or assigns, one half of the then value of the entire structure of said wall, or so much thereof as he may use, including piles, or other foundations, or substructure, and coping.

4. Either party may add to said wall in height, depth, thickness or length, and in case of damage may repair, or in case of destruction rebuild said wall and any addition thereto, carrying up flues and the like to leave the other party as near as may be in as good condition as before, and using good materials and workmanship, and conforming to the building laws, and doing work from his own side if the other side is built upon; and in case of repairs one half of the cost of such repairs shall be paid to the party making the same by the owner of the other parcel, on demand; and one-half of the value of any such rebuilt wall, or of any addition made as aforesaid to any wall, when used, shall be paid for like the original structure. No addition to the thickness is to be made by either on land of the other unless such land is vacant, and in no event so as to cause, inclusive of such addition, more than six inches of wall, with its proportion of the necessary foundation, to be on land of the other party, without the consent of such party.

5. Said parties mutually covenant, for themselves and their respective heirs and assigns, to observe the above agreement, and that the covenants herein contained shall run with the land, but no owner is to be responsible except for his acts and defaults while owner.

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Whereas the party of the first part is the owner of a building situate on

side of

street in the city of

the and the party of the second part is the owner of a lot of land adjoining thereto on the side thereof; and whereas by mistake a portion of the wall of said building encroaches on the land of the said party of the second part; it is now mutually agreed as follows:

1. The said encroachment of said wall of said building shall be deemed to have been made, and the continuance of the same hereafter shall be deemed to be with the express license and consent of the said party of the second part, to the intent that the said party of the first part shall not acquire any easement or right in respect thereof.

2. The said party of the first part shall pull down and remove the said wall, so far as the same encroaches upon the said land of the party of the

second part, within months after the said party of the second part shall have given to the said party of the first part, or to the owner or occupant for the time being of the said building, a notice in writing in that behalf, and every such notice shall be sufficient if mailed to such owner or occupant at his usual post-office address, or delivered to any person in the apparent occupation of said building although not addressed to any person by name or description.

3. The respective owners for the time being of the said lots of land shall have the benefit of and be bound by this agreement, and shall be deemed to be included wherever the names of the said parties hereto respectively

occur.

In witness, etc.

(14.)

Agreement for Sale of Land with Forfeiture Clause.

Articles of Agreement, made this our Lord one thousand nine hundred and the first part, and

day of

in the year of

between

party of

party of the second part,

dollars, in

Witness, That said party of the first part hereby covenants and agrees, that if the party of the second part shall first make the payment and perform the covenants hereinafter mentioned on his part to be made and performed, the said party of the first part will convey and assure to the party of the second part, in fee simple, clear of all incumbrances whatever, by a good and sufficient warranty deed, the following lot, piece, or parcel of ground, viz.: And the said party of the second part hereby covenants and agrees to pay to said party of the first part, the sum of the manner following: dollars, cash in hand paid, the receipt whereof is hereby acknowledged, and the balance with interest at the rate of per centum per annum, payable annually, on the whole sum remaining from time to time unpaid, and to pay all taxes, assessments, or impositions that may be legally levied or imposed upon said land, subsequent to the year 19—. And in case of the failure of the said party of the second part to make either of the payments, or perform any of the covenants on his part hereby made and entered into, this contract shall, at the option of the party of the first part, be forfeited and determined, and the party of the second part shall forfeit all payments made by him on this contract, and such payments shall be retained by the said party of the first part in full satisfaction and in liquidation of all damages by him sustained, and he shall have the right to reënter and take possession of the premises aforesaid.

It is mutually agreed that all the covenants and agreements herein contained shall extend to and be obligatory upon the heirs, executors, administrators and assigns of the respective parties.

In Witness Whereof, The parties to these presents have hereunto set their hands and seals the day and year first above written.

Signed, Sealed, and Delivered in presence of

(Signatures.) (Seals.)

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