his representatives by process of law, by proceedings in bankruptcy or insolvency or otherwise, the lessor or his heirs or assigns may, while the default or neglect continues, or at any time after such taking by process of law, and notwithstanding any license or waiver of any prior breach of condition, without any notice or demand enter upon the leased premises and thereby determine the estate hereby created, and may thereupon expel and remove, forcibly if necessary, the lessee and those claiming under him and their effects.

But it is Agreed that, in case of a determination of the estate hereby created by an entry for breach of the condition herein contained, the lessee shall indemnify the lessor, or his heirs or assigns for all loss or damage which they may, prior to the time fixed as above for the expiration of this lease, suffer by reason of such determination, whether through decreased rent of said estate or otherwise; and it is also agreed that if the leased premises or any part thereof shall be damaged by fire or other unavoidable casualty, so as to be thereby rendered unfit for use and occupation, then and in such case the rent herein before reserved, or a just and proportionate part thereof, according to the nature and extent of the injury sustained, shall be abated until the said premises shall have been duly repaired and restored by the lessor or his heirs or assigns, or, in case they shall be substantially destroyed, the estate hereby created shall thereupon be determined. It is also Agreed that all furniture, merchandise or property of any kind which may be on said premises shall be at the sole risk of the lessee, or if the whole or any part thereof shall be destroyed or damaged by fire, water, or otherwise, the lessor shall in no case be held liable to any party by reason thereof.

In Witness Whereof the said parties hereunto, and to another instrument of like tenor, set their hands and seals on the day and year first above written.

Witnesseth, That the said party of the first part doth hereby demise and lease unto the said party of the second part the SUITE OF ROOMS numbered in the (here describe building by name, or by street and number and name of city or town).

day of

To Have and to Hold the above described premises for the term of , beginning with the day of A. 'D. 19—, and this lease shall continue in full force and effect thereafter from year to year, until one of the parties shall on or before the any year, give to the other party written notice of his intention to terminate this lease, on the day of the following month, in which case the lease bereby created shall terminate in accordance with such notice.

in

payments of

Yielding and Paying (except only in case of fire or other casualty as hereinafter mentioned) as rent, the sum of dollars yearly, by equal dollars at the expiration of each and every hereafter during said term, and at that rate for such further time as the said lessee or any other person or persons claiming under him shall hold the said premises or any part thereof; the first payment thereof to be made on the now next ensuing.

day of

And the lessor hereby covenants with the lessee that he shall peaceably hold and enjoy the said premises; and that except in case of accident, or except during necessary repairs, the lessor will, during said term supply said suite with hot and cold water for ordinary household purposes, and furnish heat during the heating season to the various rooms in said suite where radiators or registers are provided by the lessor.

And the lessee hereby covenants with the lessor and his heirs and assigns that he and his executors and administrators will pay the said rent in manner aforesaid; that they will not assign this lease nor underlet the whole or any part of the leased premises without the written consent of the lessor; that they will not make or suffer any unlawful, improper, noisy or otherwise offensive use thereof, nor any use whatsoever other than as and for a private residence; that they will not drive any nails or screws in, or otherwise mar, deface or alter the plastering, woodwork, or any other part of the leased premises; that they will allow the lessor and his heirs and assigns, and their agents, at all seasonable times to enter upon said premises, and examine the condition thereof, and make necessary repairs, and show the said premises to others, and at any time within three months next before the expiration of said term affix to any suitable part of said premises a notice of letting or selling and keep the same so affixed without hindrance or molestation, and remove placards, signs, awnings and wires not approved and affixed as herein provided; that they will conform to such reasonable regulations as may from time to time be established by the lessor, or by his heirs or assigns, for the general convenience and comfort of the tenants and the welfare of said building; that they will at their own expense replace with the same kind and quality any glass in the premises, including shades belonging to the gas and electric fixtures, that may become injured or broken, unless the same shall be damaged by fire, said glass now being in perfect order; that they will compensate the lessor for any damage done to the walls of the halls or any other part of the building by the lessee, his agents, servants, or others in conveying furniture, merchandise, or any article to or from the demised premises; that they will indemnify and save harmless the lessor from all loss or damage in or about the building of which the demised premises form a part, caused by misuse or carelessness of any member of his household or others; that they will not permit any holes to be drilled or made in the stone, brick, metal or terra cotta work or roof of said building; that they will not allow the halls and stairways to be obstructed or to be used for any other purpose than for ingress and egress to and from their respective apartments; that they will not hold the lessor or his heirs or assigns liable for any damage by water or otherwise to any goods or property on the premises; that they will pay all damages which may result to the building or to

property of tenants below from the leakage of water in or from the suite hereby leased, caused or permitted by the lessee or by his servants, agent or personal representative; that they will not allow the heat or water supplied to the leased premises to be wasted, and will not keep in or about the premises any dog or other objectionable animal after notice by the lessor; that they will, at the end of said term, peaceably deliver up to the lessor, or his heirs or assigns, the leased premises and all erections and additions made to or upon the same, and all keys thereto, in as good order and condition as the same now are or may be put in, ordinary wear and damage by fire or other unavoidable casualty excepted; and that any notice from the lessor to the lessee relating to the demised premises, or the occupancy thereof, shall be deemed duly served if left at the demised premises addressed to the lessee. Provided also, and these presents are upon this condition, that if the lessee shall neglect or fail to perform or observe any of the covenants contained in this lease, and on the part of said lessee to be performed and observed, or if said lessee shall be declared bankrupt or insolvent according to law, or if any assignment shall be made of his property for the benefit of creditors, then and in any of the said cases (notwithstanding any license or waiver of any prior breach of condition) the lessor lawfully may immediately or at any time thereafter, and without demand or notice enter into or upon the said premises, or any part thereof in the name of the whole, and repossess the same as of his former estate and expel the lessee and those claiming through or under him and remove their effects, (forcibly if necessary) without being deemed guilty of any manner of trespass, and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenants, and upon entry as aforesaid this lease shall determine.

And it is agreed that in case of a determination of the estate hereby created by an entry for breach of the condition herein contained, the lessee shall indemnify the lessor or his heirs or assigns, for all loss or damage which he may, during the residue of the term above specified, suffer by reason of such determination, whether through decreased rent of said estate or otherwise; and it is also agreed that if the leased premises or any part thereof, shall be damaged by fire or other unavoidable casualty, so as to be thereby rendered unfit for use and occupation, then and in such case the rent herein before reserved, or a just and proportionate part thereof, according to the nature and extent of the injury sustained, shall be abated until the said premises shall have been duly repaired and restored by the lessor heirs or assigns; or, at the election of the said lessor or

or

legal representatives, this lease may be determined and ended.

In Witness Whereof the said parties hereunto, and to another instrument of like tenor, set their hands and a common seal on the day and year first above written.

Signed and sealed in presence of

(297.)

Country Lease, in use in some Western States.

This Indenture, Made this
Lord one thousand nine hundred and

day of

in the County of

in the year of our between (name of lessor) of and State of

party of the first part, and (name and residence of lessee) party of the second part, witnesseth, That the said party of the first part for and in consideration of the covenants and agreements hereinafter mentioned, to be kept and performed by the said party of the second part, his executors, administrators, and assigns, has demised and leased to the said party of the second part all those premises situate, lying and being in the township of County of State of known and described as follows, to wit: (describe the premises in such way as to identify them perfectly by situation, metes, and bounds, or otherwise).

To Have and to Hold the said above-described premises, with the appurtenances, unto the said party of the second part, and his executors, administrators, and assigns, from the in the year of our Lord one thousand nine hundred and for and during the term of

day of

and until the

day of

thousand nine hundred and stated.

in the year of our Lord one paying rent therefor as hereinafter

And the said party of the second part, in consideration of the leasing of the premises aforesaid, by the said party of the first part, to the said party of the second part, does covenant and agree with the said party of the first part, and his heirs, executors, administrators, and assigns, to pay the said party of the first part, as rent for the said demised premises, the sum of dollars, annual rent, payable quarterly, in four equal quarterly payments, the first payment to be due and made in three months from the date of this lease, payable at the (here state the place where the rent should be paid).

And the said party of the second part further' covenants with the said party of the first part, that at the expiration of the time in this lease mentioned, he will yield up the said demised premises to the said party of the first part, in as good condition as when the same were entered upon by the said party of the second part, loss by fire or inevitable accident, and ordinary wear excepted.

It is further agreed by the said party of the second part, that neither he nor his legal representative will underlet said premises, or any part thereof, or assign this lease, without the written assent of said party of the first part, first had and obtained thereto.

It is Expressly Understood and Agreed by and between the parties aforesaid, that if the rent above reserved, or any part thereof, shall be behind or unpaid, on the day and at the place of payment, whereon the same ought to be paid, as aforesaid, or if default shall be made in any of the covenants herein contained, to be kept by the said party of the second part, his execu

tors, administrators, and assigns, it shall and may be lawful for the said party of the first part, his heirs, executors, administrators, agent, attorney, or assigns, at his or their election, to declare said term ended, and the said demised premises, or any part thereof, either with or without process of law, to reënter, and the said party of the second part, or any other person or persons occupying, in or upon the same, to expel, remove, and put out, using such force as may be necessary in so doing, and the said premises again to repossess and enjoy, as in his or their first and former estate; and it shall be the duty of the said party of the second part, his executors, administrators, or assigns, to be and appear at the said place above specified, for the payment of said rent, and then and there tender and pay the same as the same shall fall due from time to time, as above, to the said party of the first part, or his agent or assigns; or in his or their absence, if the said party of the second part shall offer to pay the same then and there, such offer shall prevent said forfeiture.

And it is expressly understood that it shall not be necessary in any event for the party of the first part or his assigns, to go on or near the said demised premises to demand said rent, or elsewhere than at the place aforesaid. And in the event of any rent being due and unpaid, whether before or after such forfeiture declared, to distrain for any rent that may be due thereon, upon any property belonging to the said party of the second part, whether the same be exempt from execution or distress by law or not, and the said party of the second part, in that case, hereby waives all legal rights which he now has or may have to hold or retain any such property, under any exemption laws now in force in this State, or in any other way. Meaning and intending hereby to give to the said party of the first part and his heirs, executors, administrators, and assigns, a valid and first lien upon any and all the goods, chattels, or other property belonging to the said party of the second part, as security for the payment of said rent in manner aforesaid, anything herein before contained to the contrary notwithstanding. And if at any time said term shall be ended at such election of said party of the first part, or his heirs, executors, administrators, or assigns, as aforesaid, or in any other way, the said party of the second part, for himself and his executors, administrators, and assigns, does hereby covenant promise, and agree to surrender and deliver up said above-described premises and property, peaceably, to said party of the first part, or his heirs, executors, administrators, and assigns, immediately upon the determination of said term as aforesaid; and if he shall remain in the possession of the same days after notice of such default, or after the termination of this lease, in any of the ways above named, he shall be deemed guilty of a forcible detainer of said demised premises, and shall be subject to all the conditions and provisions above named, and to eviction and removal, forcibly or otherwise, with or without process of law, as above stated.

And it is further covenanted and agreed by and between the parties, that the party of the second part shall pay and discharge all costs and attorney's fees and expenses that shall arise from enforcing the covenants of this indenture by the party of the first part.