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Trust

Deed.

Debtors

having ob-
tained cer-

selves in all respects to their satisfaction so as to be
entitled to be discharged from their debts then and
immly after such certificate shall be indorsed thereon
and signed by the trustee or trustees for the time being
they the sd (D) their exs and ads shall thenceforth be
absolutely discharged of and from all and singr the
debts and sums of money and or. demands whatsr
which are now due and owing or secured or paye by or
from the sd (D) to the sd crs in the way of their busi-
ness and also upon their private or separate accts resply
or upon or by virtue of any secty or secties or any or.
conson or acct whatsr and also of and from all and all
manner of actions suits proceedings dams costs chas
and exps dues debts reckonings accts claims and de-
mands whatsr which, &c. And furr that they the sd
crs pties hereto of the second and third pts or any or
either of them or their exs or ads or ptnrs shall not nor tificates not
will for or in respect of any debt or demand now due to be sued,
or owing to them or any or either of them arrest or except for
attach the psn or goods of any or either of them the sd conformity.
(D) in whose favour such last mentd certificate or cer-
tificates shall have been signed nor take his or their
psn or psns or his or their real or psnl property in exon
nor sue him or them in whose favour such last mentd
certificate shall have been signed in any or. manner than
for conformity only And also that in case the psn or psns
in whose favour such last mentd certificate or certifi-
cates shall be signed shall appear to any action or ac-
tions suit or suits in which he or they shall be named be repaid.
for conformity or shall suffer the plaintiff or plaintiffs
in such action or actions suit or suits to enter (as he
she or they is and are hby authorized to do) an appear-
ance or as the case may be file common bail for the
psn or psns in whose favour such last mentd certificate
or certificates shall be signed such plaintiff or plaintiffs
shall and will reimburse and pay to the sd psn or psns
resply who have obtained his or their certificate or certi-
ficates as afd the full amount of all the costs chas dams
and exps which shall be incurred or sustained by such psn
or psns resply by reason or on acct of such actions or
suits or any of them Provided always nevss and these
prests are upon this condon and it is hby expssly decld Deed to be
void, unless
and agrd by and betn the pties to these prests that un- creditors
less all the just crs of the sd (D) jtly and sevlly (ex- come with-
cept the crs of the sd C seeking relief under the fiat of in
bankruptcy) shall come in within calr mths after the months.
day of the date of these prests or orwise accede thereto
by agreeing to accept a divd under the same or in case
any difficulties shall within the sd time arise in the exon

If sued for
conformity,

their ex

penses to

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Deed of
Trust.

Debtors to receive the dividends of creditors

of the trusts hnbefe contd and which shall render the same impracticable Then and in either of the sd cases all the clauses and provisions hnbefe contd shall if the trustees or trustee for the time being shall think fit to make a declaration to that effect to be indorsed on these prests or a duplicate thof on or before the

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day of cease determine and become void to all intents and purps whatsr any thing hnbefe contd to the contrary thof notwthstg And the sd (T) or the survors, &c. shall reconvey pay or assign and deliver to the sd (D) their hrs exs and ads all the sd este effects trust mos and preses conveyed and assigned by the sd indres of assignment Lease and Release [or, Bargain and Sale'] bearing even date with these prests first deducting thereout their exps as afd or shall convey assign pay and apply the same estes effects and mos as the sd (D) their hrs exs or ads according to their respive rights and ints therein shall direct or appt and shall reinstate them resply in the same condon as they would resply have been if these prests had not been made and exted or as near thereto as reasonably may be and as the existing circumstances will admit Provided always and it is hby furr decld and agrd by and betn the pties hereto that in case any cr or crs of the sd (D) or the exs or ads of the same cr or crs (except crs labouring under such disability as afd and except crs seeking relief under the sd fiat of not coming bankruptcy and except such crs as the sd (T) shall pay settle or compound with pursuant to the power hnbefe contd shall for the space of months after notice for that purpe to be given to the same cr or crs his her or their exs or ads by the sd (T) or any or either of them refuse neglect or decline to exte these prests or to accede to the same Then and in that case the cr or crs so refusing neglecting or declining his her or their exs or ads shall be excluded of and from all or any bent of or under any of the trusts hnbefe decld expssd or contd and all such and so many of them the sd (D) as shall be the debtor or debtors of the same cr or crs or his her or their exs or ads shall stand in the place of the same cr or crs resply and have the same or like bent under the trusts hnbefe contd as if the same cr or crs his her or their exs or ads had exted these prests Provided always that the provision lastly hnbefe contd shall not extend nor be construed to extend to any cror crs resident abroad the amount of whose debts shall be retained or appropriated as hnbefe is mentd and apptd unless such notice as last afd shall be given with the concurrence of the trustee or trustees for the time being

in.

to be testified by their or his joining therein Provided lastly that no psn or psns shall be entitled to be admitted a cr or crs under the trust hnbefe contd unless notice shall be given of his her or their debt before a final dividend shall be made under the trusts hubefe contd And that all psns who shall be admitted crs after a first or any subsequent dividend shall have been made shall be admitted crs upon the terms only of not disturbing any former divd or divds nevss with a right to be placed on a footing with the or. crs or as near as may be without disturbing such former or or. divd or divds In Witness, &c.

Convey

ance in Trust to sell.

Release of Freeholds, and Covenant to surrender Copyholds to Trustees in Trust to sell and pay Debts where the Debtor is not a Trader.

Obs. As to the validity of such a deed, see Pref. § 9; and as to the stamps, see § 11.

This Indre made, &c. Btn (debtor) of, &c. of the one pt and (trustees) of, &c. of the or. pt Whas the sd (D) is indebted to sundry persons mentd in the schedule hereunder written or hereunto annexed in several sums of money secured by mortgages bonds and judgments and is also indebted to sevl or. psns named in the sd schedule in very considerable sums of money due upon notes and or. simple contracts And the sd (D) hath granted sevl annties or rent charges to different psns during their lives or the life of some or. psn or for or during his own life and for securing the paymt of the sd annties hath confessed sevl judgmts which have been entered up agst him or hath charged the sd annties on his real este or on some pt or pts thof which are likewise mentd in the sd schedule And whas the sd (D) is seised of and in the sd sevl freehd and copyhd manors messes lds tents [rectories advowsons tithes] and heredts in the counties of, &c. hnaftr parlarly mentd and described in fee-simple in posson subject to the sevl mtges chas annties and or. incumbs affecting the same as afd and the sd (D) being desirous of making provision for the due and regular paymt and discharge of the sevl principal sums of money due and owing from him on the mtges bonds judgmts notes and simple contracts which are parlarly mentd and set forth in the schedule thof here under-written or hereunto annexed and the int now due and which shall

Recital of

debts.

Testatum.

Convey- from time to time become due for or in respect of such ance in of the sd sums of money as now carry int until the Trust to same can be paid off and discharged hath proposed and sell. agrd to convey surrender and assure the sevl messes, &c. and heredts whereof he is so seised as afd unto and to the use of the sd (T) their hrs and ass Upon trust that they and the survor or survors of them or the hrs or ass of such survor shall and do by sale or mtge of the sd preses or of a competent pt thof levy and raise a sufficient sum of money for the purps afd and by and out of the money arising from such sale or sales mtge or mtges pay off and discharge the sd principal sums of money so due and owing from the sd (D) as afd and the int now due and to become due in respect of the same or any of them and redeem the sd annties (except an annty to as hnaftr is mentd) or such of them as they shall think fit in such manner as is hnaftr mentd Now this Indre witnesseth That for the purps afd and for the more effectually carrying the sd recited proposal and agrt of the sd (D) into execution and for and in conson of the sum, &c. to him the sd (D) in hand, &c. pd by the sd (T) at, &c. the rect, &c. and for divers good and valuable causes and consons him the sd (D) hereunto moving He the sd (D) Hath granted bargained sold aliened reld and confirmed and by, &c. Doth grant, &c. unto the sd (T) in their actual posson, &c. (see Release) and to their hrs and ass All those, &c. And all the este, &c. and the revn, &c. (see Habendum. Release) To Have and to Hold the sd manors or lordships messes lds tents [rectories, &c.] heredts and all and singr or. the presses hby granted and reld or intended so to be and evy pt thof with their and evy of their apts (except as hnbefe is excepted) unto and to the use of the sd (T) their hrs and ass for ever But nevss upon the trusts and to and for the sevl intents and purps hnaftr mentd and decld of and concerning the same And this Indre furr witnesseth That for the purps and consons hnbefe mentd He the sd (D) for himself his hrs exs and ads doth hby promise and agree with and to the sd (T) and the survor of them and the hrs exs and ads of such survor that he the sd (D) or his hrs shall and will immly or as soon as conveniently may be after the exon of these prests surrender or cause to be surrendered into the hands of the respive, lords of the manor of R in the county and the manors and rectory of S in the county according to the custom of the same manors All those, &c. And also All or. the customary messes lds tents and heredts of him the sd (D) held of the afd manors

Covenant

to surren

der copyholds.

of

of

of

ance in Trust to

sell.

Declaration

of trusts.

to the use of the sd (T) and their hrs and ass ConveyBut nevss upon the trusts and to and for the sevl intents and purps hnafter mentd and decld of and concerning the same And it is hby expssly decld and agrd by and betn the pties to these prests and it is the true intent and meaning of them and of these prests that all and singr the freehd and copyhd manors or lordships messes lds tents [rectories advowsons tithes] and heredts habefe parlarly mentd and described are hby granted and reld and covenanted to be surrendered to them or intended so to be upon the trusts and to and for the sevl intents and purps hnaftr mentd and decld

of and concerning the same resply that is to say Upon Upon trust Trust that they the sd (T) or the survor, &c. shall and to sell or do as soon as conveniently may be after the exon of mortgage. these prests of their and his own proper authty witht the concurrence or any furr power or authty of or from the sd (D) or his hrs (unless the same shall be required by the trustee or trustees for the time being or any purchaser or purchasers mortgagee or mortgagees) convey and surrender either absolutely or by way of mortgage in fee-simple or for any term or terms of yrs All and singr the sd freehd and copyhd manors or lordships messes lds, &c. and heredts hnbefe mentd and hby granted and reld and covenanted to be surrendered or intended so to be with their and evy of their apts or a sufficient pt thof for the purps of such sale or sales to be made either togr or in pels and either by public or private contract for the best price or prices that at the time of such sale or sales can be reasonably had or gotten for the same and such mortgage or mortgages to be made of the whole or any pt of the preses hby granted or conveyed or intended so to be to such psn or psns as shall be willing to purchase or take a mortgage or mortgages thof who having pd his her or their purchase or mortgage money to and obtained a a rect or rects for the same from the sd (T) or the survor of, &c. shall be by such rect or rects fully acquitted and discharged from such purchase money or monies or the sum or sums of money to be borrowed on mtge or mtges of the sd preses or any of them or so much thof as such rect or rects shall expss to be recd and shall not aftwds be liable to see to the application of the same or answerable for the loss or misapplication thof And upon this furr trust that they the sd (T) or the survor, &c. or the exs or ads of such survor do and shall by with and out of the money to arise by such sale or sales or to be borrowed upon such mtge or mtges and by and out of the rents and prfts

Trustees'

receipts to

be sufficient discharges;

out of the proceeds of sale first to pay costs,

&c.

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