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HomeMy WebLinkAbout92-623r '? - 623 Dated.�z-�---J----vim(- --- 18��/ To ag-�"Z� S;3� - Lot No. in the � Concession, Township of DOW & McGILLIYAAY, Conveyancers, S�c., WHITBY, - ONTARIO. Counf� of 3, - - - — -- of the in the County of --- -- - -- make oath and say 1. That I was personally present, and did see the within Instrument and Duplicate thereof duly signed seal- ed and executed by 2. Thai the said Instrument agd Duplicate- were executed at the 3, That I know the said part 4. That I inn a subscribing witness to the said Instrument and Duplicate. Sworn be,fore the at th( Of- Of - day of of our Lord 18 C this in the County the year A Commissioner, &c. the parties thereto. made L �— the day of in the year of our ord one thousand eight hundred and On pursuance of 'The Qct respecting Short Torms of 'qeases. ��iween hereinafter called the "LESSOR ," of the'Tirst Part, and hereinafter called the "LESSEE ," of the Second Dart. WifneSSCih that in consideration of the rents, covenants, and agreements hereinafter reserved and contained on the part of the said Lessee executors, administrators, and assigns, to be paid, observed, and performed. The said Lessor j{a--Zdemised and leased, and by these presents Do-tkdemise and lease unto the said Lessee4,executors, administrators and assigns, Q1� that parcel or tract of land and premises sit ate lying and being in the �� ?/ of /�. in the County of containing by admesurement n acres be the same more or less and being composed of i TO have ana 10 hOla the said demised premises for and during term of C�-� years; to be computed from theday of one thousand eight hundred and Zand from thenceforth next ensuing and fully to be complete and ended. ViCldltlg C[nd �Q�ing therefor, yearly and every year during the said term her by granted unto the said Lessor %wlULheirs, executors, administrators or assigns, the sum of Dollars, to be payable on the following days and times, that is to say without any deduction,^ efalcation or atement whatsoeve ; 'Thz first of such payments to become due and to lie made on the day of �Ci�'r r ,Anb that the said Lessee COVENANTS with the said Lessor to pay rent. ,Anb to pay Taxes. Allb to repair. (Reasonable wear and tear, and damage by fire or tempest only excepted.) A- ub to keep up fences. _ f nb not to cut down timber, or trees of any kind, for any put -pose whatever except "'g/ ,Attb that the said Lessor may enter and view state of repair. Anb that the said Lessee will repair according to notice, (except as aforesaid.) Aub will not assign or sub -let without leave. Aub will not carry on any business that shall be deemed a nuisance on the said premises. ,Anb that 4id�11' will leave the premisesingood repair, (except as aforesaid.) ,.nb the said Lessee doereby fortelfl�cl4executors, administrators and assigns further covenant and agree, with the said Lessortleeirs, executors, administrators and assigns in manner following that is to say : 'That the said Lessee will during the said term cultivate, till, manure, and employ such parts of the said premises as are now or shall hereafter be brought under cultivation in a good husband -man -like and proper manner, and will in like manner crop the same by a regular rotation of crops so as not to impoverish, depreciate or injure the soil, and at the end of said term will leave the said land so manured as aforesaid. And will during the continuance of said term keep down all noxious weeds and grasses, and will pull up or otherwise destroy all docks, red root, wild mustard, wild oats, wild tares, twitch grass, Canada thistles and noxious weeds of every kind which shall grow upon the said premises, and w#tl not-sorw,—or permit to be sown, any grain containing any foul seeds, and will not surfer or pertuit any such foul or noxious weeds or grasses to go to seed on said premises. And will spend, use and employ upon said premises, in a proper husband -man -like manner all the straw and manure which shall grow, arise, renew or be made thereupon, and will not remove or permit to be removed from said premises any straw of any kind, manure wood or stone and will carefully stack or house the straw in the last year of said term, and will each and every year of said term turn all the manure thereon into a pile, that it may thoroughly heat and rot so as to kill and destroy any foul seeds which may be therein, and will thereafter, and not before, spread the same on the land. And will not remove, alter or change the style or position of, any buildings or fences on said premises without the consent of the said Lessor in writing tbcreto. ,Anb will in each and every year of said term make naked summerfallow of, or put in some hoe crop at least z -,Id- acres of said premises, and will plough, hoe and otherwise cultivate the same in a thorough farmer -like manner, so as to kill and destroy all noxious weeds and grasses which may grow thereon. ,Aub will in each and every year of said term seed down with good timothy and clover seed, in a proper manner, at least acres of said premises, and will at the expiration of said term leave at least-1acres thereof in grass. And will without charge draw upon said premises from any reasonably distant place all materials suppli, by the said Lessor, for the purpose of mak- ing alterations, repairs or improvements in or upon said premises during the currency of the said demise. ,.ttb will carefully protect said preserve all orchard, fruit, shade and ornamental trees on said premises from waste, injury or de- struction, and will carefully prune and care for all such trees as often as they may require it, and will not suffer or permit any horses, cattle or sheep to have access to the orchard on said premises. And will not allow the manure to be placed, or to lie against the buildings on said premises. And will allow any incoming tenant or purchaser to plough the said lands after harvest in the last year of said term, and to have stabling for one team, and bedroom for one man, and reasonable privileges and rights of way to do said ploughing. And will keep the mouths of all underdrains on said premises open and free from obstruction, and in good running order at all times during said term, and will not suffer or permit such drains, or the water courses in any open ditches on said premises to become obstructed, but will constantly keep the same free and clear, for the escape of the water flowing therein. Provided also, and it is hereby expressly agreed and understood by and between the parties hereto for themselves and their respective heirs, executors, administrators and assigns, that if the term hereby granted, or any of the goods and chattels of the said Lessee shall be at any time during said term seized or taken in execution or attachment by any creditor of the said Lessee , or if any writ of execution or attachment shall issue out of any court of law against the said Lessee , t I `f\ or his goods or chattels, or if the said Lessee shall make any chattel mort�gacre or bill of sale of any of his crops or other goods and chattels, or any assignment for the benefit of creditors, or if such crops, goods or chattels shall or may be at any time liable to seizure by any chattel mortgagee thereof, or becoming bankrupt or insolvent, shall take the benefit of any Act that may be in force for bankrupt or insolvent debtors, or shall attempt to abandon said premises, or so act that the occupation of said premises is or would be no longer a personal occupation by said Lessee, or to sell and dispose of his farm stock and implements, by public auction or private sale, so that there would not in the event of such sale or disposal being completed be a sufficient distress on said premises for the rent then due or accruing due, then and in every such case the then current as well :ts the next ensuing years rent and taxes for the then current year (to be reckoned upon the rate for the previous year in case the rate shall not have been fixed for the then current year) shall immediately become.due and payable, and the term hereby granted shall at the option of the said Lessor immediately become forfeited and void, and in every of the above mentioned cases such taxes or accrued portion thereof shall be recoverable by the said Lessor in the same manner as the rent hereby reserved. w� , ttD the said Le see hereby waive_, ll his rights to exemptions from seizure by distress given to him or which in the event of a dis- tress for rent by the said Lessor , he might or could, but for this provision, claim or be entitled to under Chapter 143 of the Revised Statutes of Ontario 1887, Sec 27, or any other section or statute now in force relating to exemptions from distress, and the said Lessee hereby agrees that said Chapter 143, of said Revised Statutes shall not have any operation or effect upon or application to this Indenture or the tenancy hereby created, but that the rights and remedies of the said Lessor for the recovery of the rents hereby reserved shall, notwithstanding anything to the contrary in the said Statutes contained, be as full and extensive as if this Inden- ture and the tenancy hereby created had been made and created prior to the first day of. October, A. D. 1887, and all such goods of the said Lessee as are by the said Revised Statutes of Ontario, Chapter 143, declared to be exempt ftoul seizure by and chattels distress by a Landlord for rent shall remain and continue to be liable to seizure and sale under distress for the rents hereby re- served in all respects the same as if the said Revised Statutes of Ontario, Chapter 143, bad never been passed, and it is upon this express understanding and agreement that these presents are entered into. Proviso for re-entry by tha said Lessor on non-payment of rent or non-performance of covenants. gThe said Lessor Covenant with the said Lessee for quiet enjoyment. Provided also and if is hereby agreed that if at any time during said term the said Lessee shall'neglect to pull up or otherwise destroy or prevent from going to seed on said premises any wild mustard or other noxious weeds growing thereon, and which are reasonably within the power and duty of said Lessee so to pull out or otherwise destroy, or prevent from going to seed, the said Lessor may, by notice in writing, require the said Lessee within 48 hours after the service of such notice, to pull out or otherwise destroy, or prevent the same from going to seed, and on default of the said Lessee in so doing, the said Lessor may enter upon said premises with laborers and workmen and do the work by said notice required to be done by said Lessee , and all costs, charges and expenses of or incidental thereto shall be added to the rents hereby reserved and shall be recoverable in like man- ner as rent reserved, but this provision shall not in any way impair or abridge the right of re-entry by said Lessor on non-perform- wice of an On Witness Whereof the said parties hereto have hereunto set their hands and seals. ,Signed, Stalcb anb 13thbutb, IN THE PRESENCE OF //�