And it is further mutally covenanted and agreed by and between the parties hereto that in the case of the non-payment of rent at the time or times such rent or any portion thereof becomes due, under this lease, as above stipulated, or in the case of non-compliance with the conditions, or any of them, stipulated to be done and performed by the said part of the second part then and in that case the said attorney, agent or assigns, shall have the full right to vacate this lease, and declare all the provisions, conditions and terms thereof null and void. Whereupon the said lessee.... shall yield up to the said lessor attorney, agents or assigns, full, quiet, peaceable and immediate possession of the said premises leased, anything herein contained to the contrary thereof notwithstanding; and the said lessor at own option, may institute, proceedings in law or equity to collect such sums as may be due by the conditions of this lease. And it is herein stipulated that in case the premises should be sold during the said term, in that case the lessor may at.. option terminate and cancel the lease by giving ..days' notice to the lessee who shall thereupon vacate the premises according to such notice, and the lessee may reserve to himself for damages the sum of the rent accrued after said notice. ..own The conditions and terms of this lease are binding on the heirs, executors, or administrators of the said lessee, and binding on the heirs, executors, administrators or assigns of the said lessor For the faithful performance of which several covenants and conditions, the parties have hereunto set their hands and seals the day and year first above written. In Presence of No. 85. (Seal) ..(Seal) LEASE PROVIDING FOR SHARE OF CROPS AS RENT. This Agreement, Made this by and between of the day of and county of 190.... in the state of Wisconsin, party of the first part, and party of the second part, Witnesseth: That the party of the first part does hereby lease, demise and farm let unto the party of the second part the following described premises situated in County, State of Wisconsin: To Hold for the term of years from the... day of.. upon the conditions and for the rental hereinafter specified. .190.... And the party of the second part hereby covenants and agrees with the party of the first part, in consideration thereof, that he will enter upon said premises and till and cultivate the same during the term aforesaid to the best advantage, in a husband-like manner, according to the usual course of husbandry practiced in the neighborhood; that he will pay for the same as a rental one-third (or any other share) of all the proceeds and crops of every name, kind and description produced on said premises during said term, to be divided, paid and rendered to the party of the first part within a reasonable time after such crops have been gathered and harvested in the following manner: (State fully when, how and where delivery is to be made.) It is further agreed between the parties that the straw raised on the demised premises shall not be taken therefrom but shall be used thereon, and the party of the second part agrees to haul and properly distribute all the manure produced on the premises; that he will keep at least ..head of stock on the premises, that he will keep... acres under plow, to be sown with crops in about the following proportions: wheat; acres of barley; acres of ; acres of... acres of ; acres of And the said lessee promises to pay the rent at the times and in the manner above specified during the continuance of said term; and not to underlet the premises or assign this lease without the written consent of the lessor; and to quit and deliver the same to the lessor or his attorney peaceably and quietly at the end of the term; and also to keep the same in as good repair as the same were in at the commencement of said term (reasonable use and wear thereof and damage by accidental fire, or other accidents not happening through the negligence of the lessee excepted.) It is further agreed that if the lessee shall fail to pay the rent at the times and in the manner aforesaid, or shall violate any of the covenants in this lease contained, then the lessor may terminate this lease immediately, at his option, and expel the lessee from the premises forthwith. It is further agreed that (Insert any desirable covenant.) The covenants herein contained shall bind the parties mutually and their respective heirs, executors, administrators and assigns. In Witness Whereof, the said parties have hereunto set their hands and seals the day and year first above written. In Presence of [Seal.] [Seal.] No. 86. COVENANT TO RENEW A LEASE. It is further agreed that the party of the first part will, at the expiration of the term herein mentioned, let and lease the premises herein described to the party of the second part for another term of years at the same rent and upon the same conditions under which said party of the second part now holds said premises under this lease, provided the party of the second part shall, at least.. months before the termination of the present lease notify the party of the first part in writing of his intention to renew said lease. No. 87. COVENANT TO BUY FIXTURES AT END OF TERM. And the parties further agree that at the expiration of the present lease, or any renewal thereof, if the same be accepted, the party of the first part will purchase of the party of the second part all fixtures that may have been placed upon the premises by the latter during the whole time he occupied the same under this lease or the renewals thereof, allowing the full valuation therefor, estimated according to their value in said buildings and not for the purpose of removal, and if the parties cannot agree upon such valuation, then the same shall be made by three disinterested persons, one of whom is to be chosen by each of the parties, the other to be selected by the two so chosen and the award of any two shall be binding on the parties. No. 88. COVENANT TO INHABIT THE PREMISES. In is further covenanted and agreed that the party of the second part, shall dwell in and personally inhabit and occupy the leased premises, or a part thereof, with his family, and not desert the same during the term. No. 89. AGREEMENT TO SECURE PAYMENT OF RENT. In consideration of the letting of the above-described premises, and one dollar, I, the undersigned, do hereby become surety for the prompt payment of rent (and the full performance of the covenants) in the above lease to be paid and performed by tenant, as therein agreed; and I do hereby promise and agree that if any default shall be made by said tenant, that I will pay to the landlord mentioned in said agreement such amount as will be sufficient to make up such deficiency, and fully satisfy the conditions of said agreement, waiving all notice of non-payment or proof of demand. at In Witness Whereof, I have hereunto set my hand and seal day of.. this...... In Presence of 190.... part of the second part. Dollars to in Witnesseth, That the said part of the first part, for and in consideration of the sum of hand paid, the receipt whereof is hereby acknowledged ha granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell and convey unto the said part of the second part, and to heirs and assigns forever, the following described real estate, situate, lying and being in the County of and State of and particularly described as follows, to-wit: To Have and to Hold, The above bargained premises, with the appurtenances, unto the said part of the second part, heirs and assigns forever, hereby covenanting that the said part of the first part...well and truly seized of a good and perfect title to the premises above conveyed in the law, in fee simple, and ha good right and lawful authority to convey the same, and will forever warrant and defend the same to the part of the second part, heirs and as signs, against all claims whatsoever. PROVIDED ALWAYS, and these presents are upon the express condition, that if the said. part of the first part sum of of with, executed by certain heirs, executors, administrators or the first part, to the said part of the second part then these presents and the said And the said and agree, that assigns shall well and truly pay, or cause to be paid, to said part of the second part, heirs, executors, administrators or assigns, the according to the terms and conditions bearing even date herethe said part of shall cease and be null and void. do further covenant will pay all taxes and assessments of every nature that may be assessed on said premises previous to the day appointed in pursuance of any law of the state for the sale of land for taxes. And also will pay the sum of Dollars, as solicitor's fee, in case of foreclosure of this mortgage by reason of the non-performance of any of the conditions hereof by said part of the first part. And in case of the non-payment of said sum or any part therof, at the time or times above limited for the payment thereof, or in case of the non-payment of any taxes or assessments that may be levied or assessed on said premises in manner aforesaid, then, and in either case, it shall or may be lawful for the said part of the second part heirs, executors, administrators or assigns, and the said part of the first part do by these presents empower and authorize the said part of the second part, heirs, administrators or assigns, to grant bargain, sell, release and convey the said premises, with the appurtenances thereunto belonging, at Public Auction or Vendue, and on such sale to make and to execute to the purchaser or purchasers, his, her or their heirs and assigns forever, good, ample and sufficient DEEDS OF CONVEYANCE in the law, pursuant to the statute in such case made and provided, and out of the moneys arising from such sale, to retain the principal and interest which shall then be due on the said together with the costs and charges, and the said sum of. Dollars, solicitor's fees, as aforesaid, rendering the surplus moneys, if any there be, to the part of the first part, heirs, executors, administrators or assigns, after deducting the cost of such Vendue as aforesaid. In Witness Whereof, the said part .... of the first part ha.... hereunto set..........hand.... and seal.... the day and year first above written. Signed, Sealed and Delivered In Presence of (Add Acknowledgment.) (Seal.) (Seal.) No. 91. MORTGAGE.-INSURANCE, OPTION AND TAX CLAUSE. Know all men, That... part of the first part, in consideration of Dollars, in hand paid by part of the second part, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey to the said part of the second part, heirs and assigns forever, the following real and State of Wis estate, lying and being in the County of consin, and known and described as together with all the privileges and appurtenances to the same belonging. To Have and to Hold the same to the said part of the second heirs and assigns forever. And the said part, part of the first part, hereby covenant that.. well and truly seized of a good and perfect title to the premises above conveyed in the law, in fee simple, and ha good right and lawful authority to convey the same, and that the title so conveyed is clear, free and unincumbered, and that I will forever war rant and defend the same to the part of the second part,. heirs and assigns, against all claims whatsoever. Provided always, and these presents are upon this express con heirs, exe dition, that if the said part of the first part, cutors and administrators shall pay or cause to be paid to the said part of the second part, heirs, executors, administrators or as bearing even of signs, the just and full sum of according to the conditions of date herewith, executed by the said the first part, to the said part of the second part, and shall moreover pay annually to the proper officers, all taxes which shall be assessed on the said real estate, and to deliver duplicate receipts therefor to said part of the second part heirs or assigns, on or before the first day of May next after such taxes shall have become due and payable; and to insure and keep insured the buildings thereon against loss or damage by fire in the snm of Dollars or over, in insurance companies to be selected by the said part of the second part,. heir or assigns, and the policy or policies of such insurance assigned as collateral hereto, and in default thereof it shall be lawful for the said part of the second part, heirs or assigns, to effect such insurance, and the premium and premiums and other legal expenses, fees, costs and charges paid for effecting the same, together with interest thereon at the rate of ten per cent. per annum, shall be a lien upon the said mortgaged premises, added to the amount of the said and secured by these presents until the payment of said ..then these presents shall be null and void. But in case of the non-payment of any sum of money, (either of principal, interest or taxes) at the time or times when the same shall become due, or to insure and keep the policies assigned agreeably to the conditions of these presents, or of the aforesaid or any part thereof, or in case of failure to deliver such receipts as above provided, or in case of the failure on the part of said part of the first part to keep or perform any other agreement, stipulation or condition herein contained, then in such case the whole amount of the said principal sum shall, at the option of the said part of the second part, representatives or assigns, be deemed to have become due, and the same, with interest thereon at the rate aforesaid, shall thereupon be collectible in a suit at law, or by foreclosure of this mortgage, in the same manner as if the whole of said principal sum had been made payable at the time when any such failure shall occur as aforesaid, and it shall be lawful in such case for the said part of the second part, heirs, executors, administrators or assigns, to grant, sell and convey the said real estate, with the appurtenances thereunto belonging, at public auction or vendue, and on such sale to make and execute to the purchaser, his, her or their assigns forever, good and sufficient deeds of conveyance in the law, pursuant to the statute in such case made and provided; and out of the moneys arising from such sale to retain the principal and interest which shall then be due on the said together with the costs and charges, rendering the surplus moneys, if any there be, to the said part of the first part, heirs, executors or administrators, after deducting the costs of such vendue as aforesaid; and in case of the foreclosure of this mortgage, the said part of the first part, for representatives or assigns, do covenant will pay to the said part of the second part, representatives or assigns, in addition to the taxable as solicitor's fees. and agree that costs in the foreclosure suit, In Witness Whereof, the said part of the first part ha herehand and seal this. unto set.. day of In Presence of (Add Acknowledgment.) No. 92. ..190.... [Seal.] [Seal.] TAX CLAUSE. And the said part of the first part, in consideration of the loan hereby made by the said part of the second part, do hereby expressly exercise the option granted by chapter 378 of the laws of 1903 and any acts amendatory thereof and promise and agree that the interest of the said part of the first part and the interest of the said part of the second part in and to the said real estate shall be assessed for taxation and taxed together to the said part of the first part, without separate valuation, the same as though the said real estate was unincumbered, and the said part of the first part expressly agree to pay all taxes general or special that may be levied or assessed against the said premises including the interest therein of the said part of the second part as though said real estate were unincumbered; and the said part of the first part expressly waive the right of offset or deduction provided for in said chapter 378 of the laws of 1903 and any acts amendatory thereof. NOTE.-This form may be inserted in any mortgage. It compels the mortgagor to pay any taxes on the mortgage for which the mortgagee might otherwise become liable. |