any breach of any covenant herein contained; then this deed, as also a note of even date herewith, signed by me, whereby I promise to pay to the grantee or order the said principal sum and instalments of interest at the times aforesaid, shall be void. But upon any default in the performance or observance of the foregoing condition, the grantee, or his executors, administrators or assigns, may sell the granted premises, or such portion thereof as may remain subject to this mortgage in case of any partial release hereof, together with all improvements that may be thereon, by public auction in said Boston, first publishing a notice of the time and place of sale, once each week for three successive weeks, in some one newspaper published in said Boston, and may convey the same by proper deed or deeds to the purchaser or purchasers absolutely and in fee simple; and such sale shall forever bar me and all persons claiming under me from all right and interest in the granted premises, whether at law or in equity. And out of the money arising from such sale the grantee or his representatives shall be entitled to retain all sums then secured by this deed, whether then or thereafter payable, including all costs, charges and expenses incurred or sustained by them by reason of any default in the performance or observance of the said condition, rendering the surplus, if any, to me or my heirs or assigns; and I hereby, for myself and my heirs and assigns, covenant with the grantee and his heirs, executors, administrators and assigns, that in case a sale shall be made under the foregoing power, I or they will upon request execute, acknowledge and deliver to the purchaser or purchasers a deed or deeds of release confirming such sale. And it is agreed, that the grantee, or his executors, administrators or assigns, or any person or persons in their behalf, may purchase at any sale made as aforesaid, and that no other purchaser shall be answerable for the application of the purchase money; and that until default in the performance or observance of the condition of this deed, I and my heirs and assigns may hold and enjoy the granted premises and receive the rents and profits thereof. (24) ASSIGNMENT OF MORTGAGE. (Form used in Massachusetts.) Know all men by these presents, That I, Charles K. Marsh of the mortgagee named in a certain mortgage given by James Wilbur of, to me dated February 14, A. D., 1891, and recorded with Suffolk Deeds, libro 1931, folio 692, in consideration of one dollar and other valuable considerations to me paid by Richard F. Steele of -, the receipt whereof is hereby acknowledged, do hereby assign, transfer and set over unto the said Richard F. Steele the said mortgage deed, the real estate thereby conveyed, and the note and claim thereby secured. To habe and to hold, the same to the said Richard F. Steele and his heirs and assigns, to their own use and behoof forever; subject nevertheless, to the conditions therein contained and to redemption according to law. In witness whereof, I hereunto set my hand and seal this eleventh day of March, A. D. 1893. Know all men by these presents, That I, Charles K. Marsh of the mortgagee named in a certain mortgage given by James Wilbur of—————, to me dated February 14, A.D., 1892, and recorded with Suffolk Deeds, libro 1931, folio 692, do hereby acknowledge that I have received from James Wilbur, the mortgagor named in said mortgage, full payment and satisfaction of the same; and in consideration thereof, I do hereby cancel and discharge said mortgage and release and quitclaim unto the said James Wilbur and his heirs and assigns forever, the premises thereby conveyed. In witness whereof, I hereunto set my hand and seal this tenth day of April, A. D., 1894. Signed and sealed in the presence of CHARLES K. MARSH, [SEAL] (26) LEASE. This Indenture, Made the first day of January, in the year of our Lord one thousand eight hundred and ninety-two, Witnesseth: that I, John Oliver of hereby lease, demise and let unto Frank Morris of —————, a certain dwelling-house, together with the lot on which it stands, situated on K Street in and being numbered twentyseven (27) on said street to hold for the term of one year from the first day of January, eighteen hundred and ninety-two, yielding and paying therefor the rent of Three Hundred and Sixty Dollars; and said Lessee promises to pay said rent in equal monthly payments, the first of such payments to be made on the first day of February, next, and at the same rate for any part of a month remaining unexpired at the termination of this lease, and to deliver up the premises to the Lessor, or his attorney, peaceably and quietly, at the end of the term, in as good order and condition, reasonable use and wearing thereof, fire and other unavoidable casualties excepted, as the same now are, or may be put into by said Lessor, and to pay the rent as above stated, during the term, and also the rent as above stated, for such further time as the Lessee may hold the same, and not make or suffer any waste thereof; nor lease, nor underlet, nor permit any other person or persons to occupy or improve the same, or make or suffer to be made any alteration therein, but with the approbation of the Lessor thereto in writing having been first obtained; and that the Lessor may enter to view and make improvements, and to expel the Lessee, if he shall fail to pay the rent as aforesaid, or make or suffer any strip or waste thereof. And Provided, also, that in case the premises or any part thereof, during said term, be destroyed or damaged by fire or other unavoidable casualty so that the same shall be thereby rendered unfit for use and habitation, then, and in such case, the rent hereinbefore reserved, or a just and proportional part thereof, according to the nature and extent of the injuries sustained, shall be suspended or abated until the said premises shall have been put in proper condition for use and habitation by the said Lessor, or these presents shall thereby be determined and ended at the election of the said Lessor or his legal representatives. In witness whereof, the said parties have hereunto interchangeably set their hands and seals, the day and year first above written. Signed, sealed, and delivered in the presence of JOHN OLIVER, [SEAL] |