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HomeMy WebLinkAbout92-626Dated i� 18q zo'�- roje-z") —TO— W F% 10111 ' arm ftuzjt+ Lot No in the Concession, Townshifi of Sold by Josevh Doust, Law Stationer, 56 Adelaide 6t East, Toronro Coxxnfu of i, of the in the to nit: Connt of make oath and say : I. 94at I was Personally Present and did see the within Instrument and Duplicate thereof duly signed, sealed and executed by the Parties thereto 2. g1jat the said Instrument and Duplicate were executed at the 3. 9hat I know the s2dpart 4. 9hat I am a subscribing witness to the said Instrument and Duplicate gtvorn before me at the of in the of this our Lord 189 day of in the year of A Commissioner for taking AjUavitsin the High Court of Yustice, &c. t .- F St. made the in the year of our Lord one thousand eight hundred and ninety respecting *tort JFortit8 of 3teases : and—� �In pursuance of t1jr Act CSC/ ' hereinafter called the 11 LESSOPfS' " of the 3first $)art V hereinafter called the " LESSEES "of tot .*eroO $)art. (djtjjf55rt4 that in consideration of the rents, covenant and agreements hereinafter reserved and contained on the part .� 4 of the said Lessees 14-1' executors, administrators and assigns, to be paid, observed and performed, 1949 said Lessor �3 '*a t demised and leased, and by these presents 33o demise and lease unto the said Lessee t9executors, administrators and assigns, All that parcel or tract of land and premises situate, lying and being in the �-F/Zhof7urement in the Count of containing by admea acres be the same more or less and being composed of a,-1 � Zell-, C� ^ T/O hCtV,e CtltJ" tO Otb he said demised premises fora d ing the term of years, to be cpmputed from t e day of one thou/a,eight hundred and and from thenceforth next ensuing, and fully to be complete and ended. F. Pletibing rtub PaIJ111A therefor, yearly and every year during the said term hereby gr ted unto the said Lessors G heirs, executors, administrators or assigns, the sum of o� Dollars, without any deduction, defalcation or abatement whatsoever ; to be payable on the following day a dtines, that is to say: T E first of such payment � to become due and to be made on the o day of l ���" , dL l� `k.." 01.) hereby covenant and agree with the said Lessor_f that in consideration of the premises and of the leasing and letting by the said Lessors to the said Lessees of the lands above named for the term hereby �ci;:ated (and A is upon that express understanding that these presents are entered into) that notwithstanding anything contained in Section twenty-seven of Chapter one hundred and forty-three of the Revised Statutes of Ontario, 1887, or in any other section of said Act, that none of the goods or chattels of the said Lessee,Y at any time during the continuance of the term hereby created, on the said demised premises, shall be exempt from levy by distress for rent in arrears by said Lessees* as provided for by said section of said Act above named, and that upon any claim being made for such exemption by said Lessees or on distress being made by the said Lessor v9 this Covenant and Agreement may be pleaded as an estoppel against said Lessees in any action brought to test the right to the levying upon any such goods as are named as exemptexempteJ in said Section. Said Lessee waiving as he hereby do ! ,all and every benefit that could or might have accrued to under and by virtue of the said Section of said Act, but for the above Covenant. 1 Attb that the said Lessee& COVENANT,f with the said Lessor to pay rent. Attb to pay Taxes. Attb to repair (reasonable wear and tear and damage by fire or tempest only excepted). ,Anb to keep up fences. �Vnb not to cut down timber (except Ub that the said Lessor S may enter and view state of repair. And that the said Lessee 9 will repair according to notice (except as aforesaid) ltbr will not assign or sub -let without le#Xe. AUb will not carry on any business that shall be deemed a nuisance on the said premises. `,. Ub that d" will leave the premises in good repair (except as aforesaid) 'JoiCovib)0b that the Lessee may remove h fixtures. Jprwai;�ro,3 that in the event of fire rent shall cease until t�remises are rebuilt. Anib the said L� gs�seer5 do hereby for Ll sel k� f executors, administrators and assigns, further Covenant and agree with the said Lessors U" Seirs, executors, administrators and assigns in manner following, that is to say: THAT the said Lessee'q 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 husbandman -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, twitch grass and Canada thistles which shall grow upon the said premises, and will not sow or permit to be sown any grain containing any seed of noxious weeds or grasses, or docks, red root, wild mustard, wild oats, twitch grass or Canada thistles, and will not suffer or permit any such foul weeds or grasses to go to seed on said premises And will spend, use and employ in a proper husbandman -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 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, so 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. Ann will in each and every year of said term, make naked summer fellow of or put in some hoe crop at least acres of said premises, and will plough, hoe and otherwise cultivate the same in a thorough farmer -like manner, as Io kill and destroy all noxious weeds and grasses which may grow thereon. Alt,$ will in each'and every year of said term seed down with good timothy and clover ss�d, in a proper manner, at least / - •;. acres of said premises, and will, at the expiration of said term, leave at least acres thereof in grand 1__ Anb will carefully protect and preserve all orchard, fruit, shade and ornamental trees on said premises from waste, injury or destruction, 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 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. probibrb also, anb it is brubn trprtsslU a#rttb anb ZInbtrstoob 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 LesseeS shall be at any time during said term seizad or taken in execution or attachment by any creditor of the said Lessees , or if the said Lessees' shall make any chattel mortgage or Bill of Sale of any of his crops or other goods and chattels, or any assignment for the benefit of creditors, 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 to sell and disposal of his farm stock and implements, so that there would not in the event of such sale or disposal be a sufficient distress on said premises for the then accruing rent, then and in every such case the then current and next ensuing i d years rent and the 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 immediately become forfeited and void, and in every of the above cases such taxes or accrued portion thereof shall be recoverable by the said Lessor in the same manner as the rent hereby reserved. 31P1V*UiZ* for re-entry by the said Lessor$ on non-payment of rent or non-performance of covenants. 94n2 said LessoiS Covenant with the said Lessee$ for quiet enjoyment. 21 7Q[)3jb)tb 2UXvaVz and it is hereby expressly agreed that if the buildings on said premises or any of them shall be destroyed or so much injured as to become unfit for use or occupation by tempest or fire without the default or neglect of the said Lessees 1 h;" executors, administrators or assigns, then the said Lessor' ( h .cr.- executors, administrators or assigns, shall at his or their own expense after notice and within a reasonable time (all rent in arrear previously due being first paid by the Lessee] (ham vv executors, administrators or assigns) repair said buildings as the case may require and in default thereof it shall be lawful for the said Lessees ( h-e,t:r executors, administrators or assigns to repair said buildings and to deduct the value of such repairs from the rent due after such destruction or injury as aforesaid. Aub it .is berths Mabrmanteb, M rlareb anb' -reeb by and between the parties hereto, that if the said Lessee 1 h u heirs, executors, administrators or assigns, shall make default in payment of the rent hereby reserved, or any part thereof, on any of the days or times hereinbefore limited for payment thereof, it shall and may be lawful for the said Lessons (h kAV heirs, executors, administrators and assigns to distrain therefor upon the said lands and by distress warrant to recover t to distrain upon and out of any goods and chattels that ma) be found thereon, all such rent as shall from time to time be or remain in arrear and unpaid, together with all costs, charges and expenses attending such levy or distress, provided always that the making of this covenant shall not operate to take away or interfere with any right of distress, which the Lessors has or might have by law, it being the intention of the parties that the Lessors should have the same right of distress as a Lessor had prior to the passing of the Act respecting the relation of Landlord and Tenant, Chapter 26, Statutes of Ontario, 58th Victoria, 1895• QLC..L¢.- � -- I a� �✓ Q�`.`_e� GUt/Z� In xitmezz 304trtof *igntb, Sealeb anb IDelibereb IN THE PRESENCE OF the said parties to these presents have hereunto set their hands and seals. c �Aw-' \ ct" tl✓ � /�Ct�vzvv4'. a"".ems" � LLB[ B-ea.<_.0 ✓%it-B� /I.NC>^� //�t UZ �.-� ��(�u S