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The Conditions of Lots 5 and 6 will be produced at the Sale.
PARTICULARS.
CONDITIONS OF SALE
As to Lots 1 to 4, inclusive.
No.
lot l.~ The Conveniently Situated
f J
78, ALBERT STREET, CHAPEL, (Neat the Railway and Docks J
Containing the following accommodation—2 parlours, scullery, 8 bedrooms, yard and officts, and of the estimated rental value of £15.
LOT 2.—
The admirable Investment, comprising the
KNOWN AS-
Nos. 28, 30, and 32, BUGLE STREET,
Each house containing 2 sitting rooms, drawing room, 4 bedrooms, kitchen, offices, and cellars, under No. 28 being a capacious vault. No. 27 contains only 7 rooms. These houses are let at the very inadequate rentals of £58 per ann., tenants paying all rates, these rents might easily be increased. The tenancies are quarterly, from the usual quarter days.
This Property was Mortgaged by demise for the term of 500 years to the predecessors in title of the Vendors, who are selling such term as Mortgagees, having been in uninterrupted possession for upwards of 20 years.
LOT 3.—All those
Five Long-Leasehold Block of Cottages
STYLED—
1 to 5, Coronation Terrace, St. Mary Street,
Each house letting at 5/6 per week, landlord paying rates, and held on lease for the residue of a term of one hundred and ninety-nine years, from the 24th day of December, 1836, at a ground rent of £12 per annum.
LOT 4.—All that
Containing about la. 2r. 36p.
Having a frontage to HIGH STREET, BITTERNE, of 226-feet or thereabouts, and a frontage to COMMERCIAL STREET, BITTERNE, of 166-feet or thereabouts, and shewn cn the Plan, which will be produced at the Sale.
FREEHOLD
LOT B.—The
SHOP & DWELLING-HOUSE
SITUATE AND DESCRIBED AS—
No. 18, COMMERCIAL ROAD, SOUTHAMPTON,
And comprising commodious shop, 2 sitting rooms, 3 bedrooms, good size bakehouse, domestic offices, and let to a good tenant at £30 a year, tenant paying rates
lot 6.—
A Valuable Plot of FREEHOLD LAND
Having a frontage to PORTSWOOD ROAD, of 70-feet, and a depth of 210-feet or thereabouts, and fully ripe for the erection of a family residence, or a pair of semi-detached villas.
Solicitors, Lots 1—4, Messrs. PEARCE d- KEELE, 2, St. Michael Street; Lots 5 and 6, Messrs. GREEN, M0BERLY, & GREEN, 10, Portland Terrace.
1 —The property is sold subject to a reserve price for each lot, and the Vendors reserve the right to bid by themselves or their agents, So subject the highest bidder shall be the Purchaser, and if any dispute shall arise between two or more bidders the lot in dispute shall be put up again at the last undisputed bidding. No person shall advance at each bidding less than the sum to be fixed by the Auctioneer, and no bidding shall be retracted.
2 —Every Purchaser shall immediately after the sale pay to the Auctioneer a deposit of £10 per cent, on the amount of his purchase money and sign an agreement to complete his purchase according to these conditions.
3.—The remainder of the purchase money of each lot shall be paid and the purchase thereof shall be completed on the 11th day of November next, at the offices of Messrs. Pearce and Keele the Vendor's solicitors, and if from any cause whatever the purchase of any lot shall not be completed on that day the Purchaser thereof shall pay to the Vendors interest after the rate of £6 per cent per annum on the remainder of the purchase money from that day until the completion of the purchase. The Purchaser of each lot shall be entitled to the possession or the receipts of the rents and profits of the lot purchased by him from the said 11th day of November next all outgoings uj> to that day being cleared by the Vendors. All current rents and outgoings shall be apportioned tor the purpose of this condition, and any money payable to or by the Purchaser ■ n such apportionment shall be paid with or deducted from ti.i pun base money at the time of completion.
4.—The title of Lot 1 bhall commence with an Indenture of Conveyance dated the 20th day of October, 1856. The Vendor of this lot is a Mortagee selling under the power of sale and the Purchaser shall not require the concurrence of any person interested in the equity of the redemption. The Vendor shall convey 'as Mortagee" and will not otherwise enter into any covenant,
5 —The title to lot 2 shall commence with an Indenture dated the 26th day of November, 1838, whereby the property comprising sueh lot was demised for 600 years by way of mortgage The Vendor of this lot or his predecessors in title have been in uninterrupted possession of the property for more than 20 years without giving any acknowledgement of the title of the Mortgagor or the right of redemption and under these circumstances it shall be assumed by the Purchaser that the Vendor is absolutely entitled to the premises for the residue of 500 years absolutely discharged from all equity of redemption, and the Purchaser of this lot shall not be entitled to require any other evidence of the above facts than a statutory declaration by the Vendor which declaration, if required, shall be made at the expense of the Purchaser
6.—Lot 3 is held under an Indenture of Under-lease dated the 26th day of May, 1837, and (after divers mesne assignments) was assigned to the Vendors and others by way of mortgage by an Inden ture dated the 7th day of July, 1860. The title shall consist of the said Indenture of Underlease, and of the said Indenture of Mortgage, and the Purchaser shall not require the production or an abstract of the mesne assignments, or any of them, nor make any objection or requisition in respect of such mesne assignments The Vendor or his Predecessors in title has been in uninterrupted possession of the property for more thanpjT years without having given any acknowledgement of the title of the Mortgagor or his right of redemption, and under these circumstances it shall be assumed by the Purchaser that the Vendor absolutely entitled to the premises for the residue of the term granted by the Underlease absolutely discharged from all equity of redemption, and the Purchaser of this lot shall not be entitled to require any other evidence of the above facts than a statutory declaration by the Vendor, which declaration, if required, shall be made at the expense of the Purchaser. Lot 3 is subject to the annual groundrent of £12. being a part of the total grouud rent of £26, reserved by the said Indenture of Underlease. The Purchaser of this lot shall not require the consent of the ground landlord or any other person to be obtained to any apportionment nor shall he make any objection or requisition in respect to such apportionment. The said Indenture of Underlease will be produced at the time of sale and may be inspected the day before the sale at the offices of the Vendors' solicitors, and the Purchaser shall be deemed to have notice of all the contents thereof. The production of the receipt for the last payment of rent which shall have become due under the said Indenture of underlease shall be deemed conclusive evidence that all the covenants and conditions therein, and in the superior lease have been observed and performed up to the day of completion, or that all breaches (if any) of such covenants and conditions, have been waived and no evidence shall be required that such receipt is under the hand of the person properly qualified to give the same The Purchaser shall not require the production of the superior lease or any copy thereof.
7.—The Purchaser of lot 4 shall assume that Henry Poat Aslatt, and Richard Seward Pearce were possessed of the fee simple in possession of the property as appears by a recital contained in an Indenture of
Release, dated the 22nd day of October, 1861, and made between the Company of proprietors of Northam bridge and roads, of the one part, and Henry Poat Aslatt and Richard Seward Pearce of the other part, subject only to a right for the Company to seek, dig for, and carry away gravel from the premises, for use on their roads, and no objection or requisition shall be made in respect thereof, but such recital shall be deemed conclusive evidence of the fact therein stated, and no other title to the fee simple subject as aforesaid shall be required.—The title to the release of such right as before mentioned shall commence with such Indenture and it shall be assumed that the same Indenture was legally and properly executed in all respects by the said Company—by the affix ing of their common seal thereto, in the presence of Thos. H. M. Martin, chairman, and no proof shall be required that he was chairman, and no requisition or objection shall be required in respect of such execution or attestation. All houses erected upon that part of lot 4 fronting High Street, Bitterne shall be either detatched or built in semi-detatched pairs and no house shall be of less value than £200. The property is sold subject to such conditions and covenants accordingly, and the same shall be inserted in the Conveyance to the Purchaser
8.—No Purchaser shall require any other evidence of the identity of the lot purchased by him with any of the property described in the abstracted documents than such as is afforded by a comparison of the descriptions in those documents and in the particulars
9.—The several lots are sold subject to the existing tenancies and all easements, quit rents, and other incidents of tenure (if any) affecting the same.
10.—The description of the several lots in the particulars is believed and shall be deemed to be correct and no objection shall be made or compensation claimed for any error of description as to quantity or otherwise, should any such be found.
11.—If any deeds or documents executed before the 16th May, 1888, shall be f und to be unstamped or insufficiently stamped, which, however, is not known to be the case, no objection or requisition shall be made on that account.
12.—All objections and requisitions in respect of the title or the abstractor the particular or anything appearing therein shall be stated in writing and sent to the Vendors' solicitors, within 7 days from the receipt of the abstract; and all objections and requisitions not sent within that time shall be considered to be waived, and for the purpose of any objection or requisition the abstract shall be deemed perfect if it supplies the information suggesting the same although otherwise defective. If any Purchaser shall make any objection or requisition which the Vendors shall be unable or unwilling to remove or comply with and shall not withdraw the same within seven days after being required so to do in writing the Vendors shall be at liberty (notwithstanding any intermediate negotiation in respect thereof or attempts to remove or comply with the same) by notice in writing to such Purchaser to rescind the sale, in which case the Purchaser shall receive back the deposit and shall return the abstract of title, -and any other papers in his possession belonging to the Vendors, but he shall have no claim on the Vendors for interests, costs, or otherwise.
13.—Upon payment of the residue of the purchase money at the time and place afoiesaid the Vendors shall make and execute to the Purchasers proper assurances of their respective lots, such assurances to be prepared by and at the expense of the Purchasers, and to be left by them respectively for execution at the offices aforesaid not less than seven days before the said 11th day of November next, and the getting in of all outstanding estates, terms and interests (if any) shall be at the expense of any Purchaser requiring the same. The assurance of lot 3 shall contain a covenant by the Purchaser with the Vendor to pay the apportioned ground rent payable in respect of such lot, and to observe and perform the covenants and conditions in the said Indenture of Underlease so far as the same relate to such lot and to indemnify the Vendor from and against all claims and demands fot or on account of the non-payment, non-observance, and non-performance thereof respec-
14.—The Vendors will, as to all documents of title retained by them, give to every Purchaser of property to which the same relate the usual statutory acknowledgment in respect thereof, but not any undertaking for their safe custody.
15.—If any Purchaser shall fail to comply with these conditions his deposit money shall be forfeited to the Vendors who shall be at liberty to proceed to another sale either by public auction or private contract, with or without notice to the Purchaser at this present sale, and the deficiency (if any) occasioned by such sale together with all charges attending the same shall immediately after such sale be made good by the defaulter at this present sale, and in case of non-payment of the same the whole shall be recoverable by the Vendors as and for liquidated damages, and it shall not be necessary for the Vendors to tender a conveyance.
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