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THIS INDENTURE made the 26th day of November 1861 BETWEEN GEORGE HAMLEY of Saint Mabyn Cornwall Mason of the one part MARK KENNAWAY HENRY HOOPER and WILLIAM TOMBS of Exeter Esquires the Trustees of the Resident Permanent Building Society duly formed and the rules of which have been duly certified and enrolled according to the Law hereinafter called the Trustees of the other part WITNESSETH that in consideration of the sum of £35 sterling now paid by the said Trustees out of the funds of the said Society on the application of and to the said George Hamley on and in respect of a certain share in the said Society of which the said George Hamley is a proprietor and subscriber for the receipt of which he doth hereby acknowledge HE the said George Hamley doth hereby grant bargain sell and assign unto the said Mark Kennaway Henry Hooper and William Tombs as such trustees their successors executors administrators and assigns ALL THAT piece or parcel of ground together with the three cottages and dwelling houses thereon situate in the Church Town of Saint Mabyn within the Parish of Saint Mabyn formerly part of Greenwix’s Farm or Tenement which said premises were lately in the tenure or occupations of Richard Andrews and Thomas Parry being the same premises comprised in and demised by the hereinafter mentioned Indenture of Lease of the 16th of September 1861 TOGETHER with all edifices buildings fixtures ways rights easements privileges and appurtenances to the same premise respectively belonging And all the Estate Right Title property claim and demand whatsoever by him the said George Hamley in or to the said premises except as hereinafter mentioned together with the said Indenture of Lease TO HAVE AND TO HOLD the said premises with their appurtenances unto the said Mark Kennaway Henry Hooper and William Tombs their Executors Administrators and Assigns from henceforth for the residue and remainder of a certain term of 21 years save the last day thereof created by a certain Indenture of the 16th of September 1861 and therein granted John Tremain Esquire to the said George Hamley PROVIDED that if the said George Hamley his Executors Administrators and Assigns shall pay unto the Trustees for the time being of the said Society their Executors Administrators and Assigns the sum of £1 3 6 on the first Monday of every calendar month of March June September and December in every year now next ensuing for the term of 12 years from the 3rd day of March next which is the day for the first quarterly payment and shall pay the other sums which under the rules of the said Society shall become payable on the aforesaid share or monies advanced thereon at the respective times at the places and in manner in which the same ought to be paid in accordance with the present or any future rules of the said Society and shall in the meantime observe the covenants hereinafter contained the said George Hamley may hold and enjoy the said premises without disturbance by the said Trustees PROVIDED that if default shall be made in any of the matters aforesaid for the space of 2 calendar months It shall be lawful for the Trustees for the time being of the Society at any time or times thereafter without any further notice to or even against the consent of the said George Hamley his Executors Administrators and Assigns to enter upon and take possession of and receive the Rents and Profits of the same premises and to let and lease the same and also either by public auction or private contract and subject to such special or other conditions of sale as may be deemed expedient absolutely to sell and dispose of the said premises or the Policies of Insurance hereinafter mentioned either in parcels or together for the residue of the said term other the Estate hereby granted with full power to buy in and resell the same without being answerable for any loss thereby occasioned and to make and resend all such contracts deeds and assurances as Trustees for the time being of the said Society for the time being may deem expedient and shall out of the monies arising by any of the means aforesaid firstly satisfy the costs and expenses attending the execution of the Trusts or enforcing the covenants powers and authorities hereby given declared and contained or in enforcing any covenant without purchaser or lessee or in keeping on foot the Policy of Insurance hereinafter covenanted to be effected or in observing the covenants contained in the hereinbefore mentioned Indenture of Lease and then shall retain to themselves the full amount of all payments in arrear and fines then due in respect of the said share or the monies hereby secured in accordance with the said rules and of all the then future quarterly payments hereby made payable on the said advanced share for the remainder of the said term of 12 years calculated according to the said Rules of it being hereby declared that all such future payments as would after such sale become due shall be deemed due at the time of such sale and shall pay the surplus if any unto the said George Hamley his Executors Administrators and Assigns AND IT IS HEREBY DECLARED that the receipt of the Trustees for the time being of the said Society their Heirs Executors Administrators or Assigns shall be valid discharged to a person paying him or them any monies nor shall such person be answerable for the application thereof or be bound to enquire whether any default has been made as aforesaid or as the regularity of any sale or lease nor shall such person or whether the net rents were insufficient to satisfy the payments as aforesaid be affected by express notice of any irregularity and that no default had been made but as respects a purchaser any sale shall be deemed valid and within the power aforesaid AND the said George Hamley doth hereby for himself his Heirs Executors Administrators and Assigns covenant with the time being of the said society that he the said George Hamley his Executors or Administrators will on the first Monday of every calendar month of March June September and December during the said period of 12 years punctually pay to the Trustees for the timer being of the said security the said quarterly sum of £1 3 6 and all other monies which shall come due and payable in respect of the said share under the said rules for the time being of the said security and that this covenant may be sued on and enforced as often as any default shall be made in any payment which shall become due without prejudice to the exercise of any other powers herein contained AND FURTHER that the said George Hamley now hath in himself good authority to assign the said premises in manner aforesaid and that the said Indenture of Lease are good valid and subsisting and not become void or voidable AND also that it shall be lawful for the Trustee or Trustees for the time being of the said Society and their Heirs Executors Administrators and Assigns at any time hereafter when authorised by the said rules or these presents so to do into and upon the said premises to enter and the same peaceably to hold and enjoy for the time thereby assigned therein AND that the said George Hamley his Heirs Executors Administrators and Assigns will upon the request of the Trustees for the time being at the said Society at the costs of the said George Hamley his executors and administrators until the premises shall be assigned or sold under the powers herein contained and afterwards at the expense of the Purchaser thereof make and execute all such further acts and assurances for the more perfectly assuring the said premises to the said trustees their Heirs Executors Administrators and Assigns or any purchaser or purchasers their or his Heirs Executors Administrators and Assigns as he or they shall reasonably require AND further at the said George Hamley his executors and administrators will during the continuance hereof and while any monies shall remain due hereunder pay the ground rent and perform the covenants as on the Lessees part in the same Indenture are to be paid performed and kept AND further that the said George Hamley his Heirs Executors Administrators and Assigns will during the continuance of this security insure and keep insured against loss by fire the said messuages and premises in the sum of £50 at the least in some respectable Fire Insurance Office to be approved of and in the names of the said Trustees or other the Trustees of the said sums hereby secured by the said George Hamley his executors or administrators shall make default in payment of the said quarterly payment or other sums hereinbefore stipulated to be paid or the said Insurance Premiums at the times places and in manner when and where the same ought to be paid rents or herriotts reserved in the said Lease or shall fail to observe the covenants and stipulations therein contained on the lessees part to pay any monies that may be expended in repairs that then and in either of such cases and as often as either of such events shall happen it shall be lawful for the Trustee or Trustees or acting Secretary for the time being of the said Society or his or their Appointees Servants or Bailiffs break enter into the said premises or any other Tenement which may hereafter be in the actual possession of the said George Hamley and his goods chattels and effects to seize keep possession of all remove and dispose of such distress or distresses as a Landlord might a lawful distress for rent reserved upon a lease for years or a Sheriff might under a lawful writ of execution issued against the said George Hamley without any hinderance or denial to the intent that the deficiency if any in-payment of the remainder of the said premises or other sums hereby made payable then due in arrear and all rents then unpaid and the costs occasioned thereby shall be fully paid and satisfied AND IT IS HEREBY DECLARED that nothing herein contained shall hinder or preclude the Trustees for the time being of the said Society from exercising or having any of the Rights or Authorities given to him by the rules so certified as aforesaid of the said Society AND that the said Trustees shall have full power at any time hereafter to have such stamp shall be a charge on the said Premises IN WITNESS of the said parties to these presents their hands and seals have hereunto set the day and year first above written
George Hamley
Witness
P J Hennesy
 

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Contributed by Malcolm McCarthy, (Malc in Sunny Padstow), who has the original document.