(15.)

Contract to Convey Real Estate with Provision for Liquidated

Damages.

This Article of Agreement, Made and entered into the

one thousand nine hundred and

between

day of

of the

Witnesseth, as follows: The said party of the first part hereby agrees to sell unto the said party of the second part all that parcel of land situated, bounded, and described as follows, that is to say: for the sum of dollars, to be paid by the said party of the second part, in manner and at the times hereinafter mentioned and covenanted, on the part of the said party of the second part: And the said party of the first part further agrees, that on the

day of

on receiving from the said party of the second part the sum of dollars, the said party of the first part shall and will, at at his own proper cost and expense, execute and deliver to the said party of the second part, or to his assigns, a proper deed of conveyance, duly acknowledged, for the conveying and assuring to him or them the fee simple of the said premises, free from all incumbrances, which deed of conveyance shall contain a general warranty, and the usual full covenants.

And the said party of the second part hereby agrees to purchase of the said party of the first part the premises above mentioned, at and for the price and sum above mentioned, and to pay to the said party of the first part the purchase-money therefor, in manner and at the times following, to wit:

And it is further agreed by and between the parties to these presents, that the said party of the first part shall have and retain the possession of said premises, and be entitled to the rents and profits thereof until the day of when full possession of the same shall be delivered

to the said party of the second part, by the said party of the first part: And it is understood and agreed, that the stipulations aforesaid are to apply to and bind the heirs, executors, administrators, and assigns of the respective parties.

And it is further hereby agreed, that in case the said party of the first part shall fail or refuse to execute and deliver a proper deed of conveyance in manner and at the time and place above specified for that purpose, provided the party of the second part shall be ready to fulfill and perform the covenants then to be fulfilled on his part; or in case the said party of the second part shall fail or refuse to pay the said sum of at the time

and place as above agreed upon, provided the party of the first part shall be ready to deliver such deed of conveyance, as aforesaid; then the party so failing shall and will pay to the other party, or his assigns, the sum of dollars, which sum is hereby declared, fixed, and agreed upon, as the liquidated amount of damages to be paid by the party so failing as aforesaid, for non-performance.

Signed, Sealed, and Delivered in presence of

(Signatures.), (Seals.)

(16.)

An Agreement for the Sale and Purchase of an Estate, followed by

Special Clauses.

Articles of Agreement, Had, made, concluded, and agreed upon this day of ———————————, A. D. 19—, between

of

of of the of the other part. First, the said (seller) to him paid by the said (buyer) at or

one part, and in consideration of the sum of before the sealing and delivery of these presents, and of the further sum of to be paid as hereinafter is mentioned, doth hereby for himself, his heirs, executors, and administrators, and every of them, covenant, promise and agree, to and with the said his heirs, executors, and adminis

his

trators, and every of them, by these presents, that he the said heirs and assigns (and all and every other person and persons whatsoever claiming or to claim any right, title, or interest under him, or any other person or persons whatsoever, of, in, or to the lands and premises hereinafter mentioned) shall and will, at the proper costs and charges of the said his heirs and assigns (except fees to counsel), on or before the day of next ensuing, by such conveyances, assurances, ways his heirs and assigns, or his

and means in the law, as he the said or their counsel, shall reasonably devise, advise, or require, well and sufficiently grant, sell, release, convey, and assure to the said heirs, or to whom he or they shall appoint or direct, all that now in the tenure or occupation of

and his situate

or his assigns, (description) with covenants to be therein contained that the said premises, at the time of such conveyance, are free from all incumbrances and demands whatsoever (except -) and all other usual and reasonable covenants. Such conveyance to convey to the purchaser a good and clear title to the premises therein described. In consideration whereof the said for himself, his heirs, executors, administrators, and assigns, doth hereby covenant, promise, and agree, to and with the said his heirs, executors, and administrators, by these presents, that he the said his heirs, executors, or administrators, or some of them, shall and will, well and truly, pay, or cause to be paid, unto the said his heirs, executors, or administrators, the aforesaid sum of at the time of executing the said conveyances. And for the true performance of all and every the covenants and agreements aforesaid, each of the said parties to these presents doth hereby bind himself, his heirs, executors, and administrators to the other of them, his heirs, executors, administrators, and assigns in the penal sum of

In Witness Whereof, The said 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.)

An agreement for the sale of lands should always state the covenants, whether of general or special warranty, which it is intended that the contemplated conveyance shall contain.

(17.)

Covenants, Provisos, and Agreements, which may be Inserted in the Preceding Form.

1. Covenant that the vendor, before the purchase is completed, shall not commit waste, or grant any new leases.

And also that the said (the seller) shall not nor will, in the mean time, cut down any timber or trees, or commit any waste or spoil whatsoever, in or upon the premises, or any part thereof, nor shall or will grant any new leases of the premises, or any part thereof, without the privity or consent of the said (the buyer) or his heirs or assigns.

2. Another covenant for the payment of the purchase-money.

And the said

with the said

(the buyer) doth hereby covenant and agree to and (the seller) his heirs, executors, and administrators, that upon sealing and executing such conveyance and assurance of the said unto him and them as aforesaid, according to the true intent of these presents, he the said his heirs, executors, or administrators, shall and will pay, or cause to be paid, unto the said his heirs, executors, or administrators, the said sum of said premises. (Or there may be an agreement to retain part of the purchase

in full for the purchase of the

money to pay off an incumbrance, as follows:)

And it is agreed between the said parties that the said may retain out of the said purchase-money the sum of

shall or

for the pursecured by a mortgage on the said

bearing date

the said sum shall become due by virtue of the said mortgage.

3. This agreement may be inserted:

And it is agreed, that if the counsel of the said of the title of the said

void.

when

shall not approve

to the said premises, this agreement shall be

4. This proviso may be inserted:

Provided always, and it is hereby mutually covenanted and agreed, by and between the parties to these presents, for themselves and their respective heirs, in manner as follows, viz: That in case the counsel of the said

(the buyer) shall not approve of the title of him the said (the seller) to the said or in case (the buyer) on his view thereof (he not having ever viewed the same) will not proceed in the purchase thereof, and shall and do, within one month next after the date hereof, give notice, in writing, to the said. -) that he will not purchase the said

(or to

of

_then and in either of the cases, these presents shall be absolutely void; and that then he the said (the seller) his heirs, executors, or

(the buyer) ris

so by

administrators, shall and will, within six months now next ensuing, well and truly repay, or cause to be repaid unto the said heirs, executors, administrators, or assigns, the said sum of him now paid as aforesaid, together with legal interest for the same, from henceforth to be computed until payment thereof.

5. A provision in articles of purchase, in case of the delay or default of either party.

If by reason of any delay, neglect, or default, by or on the part of the said (the purchaser) or his heirs, or his or their counsel or agents, the said conveyances of the said estates and premises shall not be ready and tendered to the said (the vendor) or his heirs, to be executed, on or before the said day of case, the said

his

his

then and in such

shall and will pay and allow to the said interest for the said sum of

day of

at the rate of

until the said

to be computed from the
(the principal sum) shall be paid as aforesaid; but if, by reason of

or any

any delay, neglect or default, by or on the part of the said claiming under him, such conveyances as aforesaid shall not be executed on or before the said then and in such case, no such interest as aforesaid shall be paid or allowed during the time of such delay of the said

day of

6. An agreement that if a good title, &c., cannot be made on, &c., the premises shall stand as security for the money paid down, &c.

It is hereby further agreed and declared by and between all the said parties to these presents, and particularly the said (the vendors) do hereby agree and declare, that in case they cannot make out a good title to, and execute and perfect such conveyances and assurances of the premises as aforesaid on or before the now next ensuing, then and every part thereof, shall remain and be a security to (the purchaser) for securing to him, his the repay

the said

the said

ment of the said sum of the said

day of

day of

now by him paid as aforesaid, at or upon
now next ensuing, together with interest
from henceforth in the meantime and

for the same after the rate of
until payment thereof, which interest in such case they the said

(the vendors) do hereby for themselves, severally and respectively, and
for their several and respective heirs,
promise and agree to pay ac-

cordingly, and then, also, in such case all such rents, as he the said (the purchaser) shall have received, by or out of the premises as aforesaid, shall be deemed and allowed by him in part of payment of the (the principal purchase-money) and interest.

same

7. That if the other parties do not perform their covenants, the purchaser shall not be obliged to perform his.

And it is mutually agreed and declared to be the true intent and meaning of these presents, that if it shall happen that any of them the said

their heirs, shall neglect to perform his or their parts of the covenants and agreements herein contained, that then, and in any such case, the said his heirs, executors, and administrators, or any of them, shall not be hereby obliged to perform his and their covenants herein contained, or any of them, but shall, if he shall think fit, be absolutely discharged from

the same.

(18.)

Agreement for the Sale of an Estate by Private Contract.

Articles of Agreement, Made this

of

The said

day of

between

and will, on

(description) with the appurtenances, for the sum of

or before the of

next, on the receipt of the said sum execute a proper convey

ance thereof, with a covenant of general warranty and against incumbrances, conveying a good and clear title to said premises to the said

his heirs and assigns.

And the said

and

agrees, that, on the execution of such conveyance,

to said

or his assigns.

he will pay the said sum of And it is further agreed, that the conveyance shall be prepared by and at the expense of the said to the approbation of the respective counsel and that all taxes and outgoings in re

of the said

and

spect of the premises in the meantime shall be paid by the said

And it is agreed, that the of the premises, from

that if the said conveyance paid on or before the

said

shall receive the rents and profits next, to his proper use. And it is agreed, shall not be executed, and the purchase-money day of then the said

pay interest for the same from the same day, unto the said

shall

after

(19.)

(Signatures.) (Seals.)

Short Agreement for Sale of Real Estate with Mortgage for Part

The party of the first part hereby agrees to sell, and the party of the second part to purchase, a certain estate situated

dollars of which

and bounded as fol

lows: Said premises are to be conveyed on or before by a good and sufficient warranty (or quit claim) deed of the party of the first part conveying a good and clear title to the same free from all incumbrances and for such deed and conveyance the party of the second part is to pay the sum of dollars have been paid this day, dollars are to be paid in cash upon the delivery of said deed, and the remainder is to be paid by the note of the party of the second part, dated — per cent. per annum, payable semi-annually, and secured by a power of sale mortgage in the usual form upon the said premises, such note to be payable Full possession of the said premises, free of all tenants is to be delivered to the party of the second part at the time of the delivery of the deed, the said

-bearing interest at