AGREEMENT OF SALE OF LAND
THIS AGREEMENT made this day of, A.D. 19, under the provisions of Parts I and III of the Veterans’ Land Act.
THE DIRECTOR, THE VETERANS’ LAND ACT
(hereinafter called the “Director”)
OF THE FIRST PART:
of the Post Office of
in the Province of
(hereinafter called the “Veteran”)
OF THE SECOND PART:
The Veteran has been certified by the Director to be qualified to participate in the benefits under the Veterans’ Land Act;
Pursuant to the provisions of the said Act the Director has acquired the land hereinafter more particularly described and has determined the cost to the Director of the said land together with improvements to be effected, if any.
The parties have agreed that the outstanding indebtedness under any previous Agreement of Sale shall form part of the indebtedness under this Agreement and shall be repayable in accordance with the terms of this Agreement.
NOW THIS AGREEMENT WITNESSETH as follows:
1. In consideration of the conditions and provisions herein contained the DIRECTOR AGREES TO SELL TO THE VETERAN WHO AGREES TO PURCHASE all and singular that certain parcel of land and premises lying and being in the Province of
more particularly described as follows:
at and for the sale price of
of lawful money of Canada, payable to the Director at his office in the City of Ottawa, or at his office for the region in which the said land is situated, on the days and in the manner hereinafter set out, upon and subject to the terms, conditions and stipulations herein contained, and the payments to be made as herein specified, the observance of each and every of the said conditions and stipulations, as well as the making of the said payments being expressly declared the essence of this Agreement.
2. (1) The Director acknowledges having received from the Veteran the sum of
being the down payment on the sale now being made under Part I of the Act.
(2) It is agreed:
that the balance of the sale price outstanding on the sale now being made under Part I of the Act is the sum of
that the balance of the sale price outstanding on any previous sale made under Part I of the Act is the sum of
that the amount of the loan now being made under Part III of the Act is the sum of
that the balance outstanding under any previous loan made under Part III of the Act is the sum of
Balance of the sale price payable to the Director
(3) The Veteran covenants and agrees that he will pay to the Director the balance of the said sale price as follows; the sum of
with interest at the rate of 3 1/2 per cent per annum; the sum of
with interest at the rate of per annum;
the sum of Dollars ($)
with interest at the rate of per annum;
the sum of Dollars ($)
with interest at the rate of per annum;
the sum of Dollars ($)
with interest at the rate of per annum;
and the sum of Dollars ($)
with interest at the rate of per annum.
Interest at the said rates to accrue from theday of, 19 and to be paid in the following manner:
Inequal consecutive amortized payments of Dollars ($) such payments to be made on the the first of such payments to be made on theday of, 19. Each amortized payment consists of principal and interest, such interest being calculated yearly not in advance, which payments are sufficient on an amortization plan to pay the principal and interest thereon. Each amortized payment shall be applied, firstly, in the reduction of interest outstanding and secondly, in the reduction of principal. All payments of principal on becoming overdue shall bear interest at the rate(s) aforesaid.
3. The Veteran agrees that the Director has determined the cost to the Director under Part I of the Act inclusive of any cost under a previous Agreement which is included in this Agreement to be the sum of
The Veteran further agrees that save upon payment in full of the said Part I cost together with interest at the rate of 3 1/2 per cent per annum, together with the balance of the said Part III loan or loans payable under Clause 2 hereof together with interest thereon at the rate or rates therein set out and all other charges in respect thereof and any amount payable to the Director under any Agreement of Sale of Livestock and Equipment, Agreement of Sale of Permanent Improvements, no conveyance or transfer shall be given by the Director to the Veteran during a period of 10 years from theday of, 19, which is the effective date of this Agreement for the purposes of subsection 11(4)(a) of the Act, and thereafter only if the Veteran has complied with the terms of this Agreement for the said 10-year period.
4. The Veteran immediately upon the execution of this Agreement shall have the right of possession of the said land and he agrees forthwith to enter into occupation of the said land, and, save with the approval of the Director, to reside thereon during the continuance of this Agreement.
5. The Veteran agrees that he will not lease the said land during the first 10-year period from the effective date of this Agreement and thereafter only with the permission of the Director, and that the Director, his officers, agents and employees, may at any and all times enter upon the said land, or any part thereof, to view the state of the buildings and of the cultivation and to inspect the farming operations.
6. The Veteran agrees that he will in a good and husbandmanlike manner, in each and every farming season during the continuance of this Agreement, break, cultivate, seed and crop the said land or such portion thereof as may from time to time be expedient in good farming operation of the said land, and that instructions as to cultural practices or management given by the duly authorized representative of the Director shall be observed.
7. It is agreed between the parties hereto that all buildings and any appurtenances thereto now on, or which may be erected or constructed on, the said land shall be a part of the freehold, and shall not be removed or destroyed without the previous permission of the Director in writing, and the Veteran agrees that he will keep and maintain the said land, buildings and any and all appurtenances, and all fixtures and things thereto belonging in good and substantial repair and in a tidy and clean condition, damage by fire, lightning and tempest only excepted, and that he will permit any agent of the Director at any time during the currency of this Agreement to enter and view the state of repair and cleanliness, and further, that he will promptly repair and clean according to notice and fulfill any further requirements which the Director may deem necessary, and in default of his compliance with any such notice as aforesaid, the Director may enter upon the property and effect such work as he may deem necessary and all costs so incurred by the Director shall be repaid by the Veteran on demand with interest at the rate ofper annum from the time of such payment by the Director and until so repaid the amount of such payment shall be added to the purchase price of the said land.
8. The Veteran agrees that, save with the approval of the Director, during the continuance of this Agreement no building or buildings, booth, or structure of any kind whatsoever shall be erected on the premises, or additions or alterations made to existing buildings. The Veteran also agrees that he will not exercise or carry on nor permit to be exercised or carried on in or upon the said land any form of trade, business or undertaking likely to be obnoxious to the occupiers or owners of the adjoining lands.
9. The Veteran covenants that he will commit no waste on the said land and that he will not, without the consent of the Director in writing, cut any wood or timber therefrom except a quantity sufficient for fuel and fencing for actual and necessary use thereon, and for buildings to be erected thereon.
10. The Veteran covenants and agrees that the title, ownership and right of possession of any livestock, farm equipment and other chattels as described in any Purchasing Orders, together with the natural increase of such livestock held as security by the Director, whether purchased by the Director for the Veteran or title to which is transferred as security to the Director, shall remain in the possession of the Director until all moneys herein agreed to be paid and all other charges are fully paid or until the title, ownership, and right of possession are transferred by the Director to the Veteran under the relevant provisions of the Act.
11. The Veteran covenants and agrees to pay punctually and regularly all rates, taxes and assessments that have been or may be levied or imposed upon or in respect of the said land or improvements thereon for the current year, and each subsequent year during the continuance of this Agreement, and to deliver the receipts for same to the Director prior to the 31st day of December in each year, and if the Veteran fails or neglects to pay any such lawful rates, taxes or assessments by the date on which such rates, taxes or assessments fall due, that the Director may pay any arrears of such rates, taxes or assessments and all moneys so expended by the Director shall be repaid by the Veteran on demand with interest at the rate ofper annum from the time of such payment by the Director and until so repaid the amount of such payment shall be added to the purchase price of the said land.
12. The Veteran agrees that he will, during the continuance of this Agreement, insure and keep insured against loss or damage by fire, tempest and flood to the extent of the full insurable value, in an Insurance Company approved by the Director, all buildings now erected, or which may hereafter be erected, on the said land, and will also insure and keep insured against loss or damage by fire and such other perils as required by the Director such livestock, farm equipment and other chattels as may be designated by the Director in such amounts as the Director deems necessary in an Insurance Company approved by the Director and will not do or suffer anything whereby any insurance policy or policies may be vitiated, and will pay all premiums and sums of money necessary for such purpose as the same become due, and will assign to the Director the proceeds of the insurance policy or policies and have attached to the policy or policies the Special Loss Payable Clause as prescribed by the Director. When so required by the Director, the Veteran shall deliver to the Director the policy or policies of insurance and renewal receipt or receipts thereto appertaining. When the Veteran neglects to keep insured the said buildings or any of them and livestock, farm equipment and other chattels, or to attach the Special Loss Payable Clause as above required, or to pay the premiums, or, when so required by the Director, fails to deliver the policy or policies and renewal receipts to the office of the Director for the region within which the land is situated at least 3 days before the insurance then existing shall expire, then the Director may insure the said buildings and livestock, farm equipment and other chattels and all moneys so expended by the Director shall be repaid by the Veteran on demand with interest at the rate ofper annum computed from the time of advancing the same and in the meantime the amount of such payment shall be added to the purchase price of the said land. The Veteran agrees on the occurrence of loss or damage to furnish forthwith at his own expense all the necessary proofs and do all the necessary acts to enable the Director to obtain payment of the insurance moneys and that all moneys received by the Director by virtue of any policy shall be disbursed or applied to the Veteran’s account by the Director in accordance with the Act.
13. (1) It is agreed that if the Veteran sells or attempts to sell or otherwise dispose of the whole or any part of the said land, or if the Veteran, save with the approval of the Director, fails to remain in actual and personal possession and occupation of the said land, or if he fails to cultivate the said land in a good husbandmanlike manner as provided by this Agreement, or fails to pay promptly any payment hereinbefore mentioned when the same falls due, or fails to comply with any covenant or condition contained in this Agreement or any of the provisions of his Undertaking Precedent to the Granting of a Part III Loan which forms part of his Application for Assistance, the Director may, subject to the provisions of the Veterans’ Land Act and the Regulations made thereunder, without any formal re-entry or retaking and without resort to proceedings in equity or at law, rescind this Agreement. The effect of such rescission shall be to vest the said land in the Director absolutely free and discharged of all rights and claims of the Veteran and of all persons claiming or entitled to claim through him for any estate in, or lien, charge or encumbrance upon or against the said land.
(2) It is further agreed that if the Veteran sells or attempts to sell or otherwise dispose of any livestock or any natural increase thereof or any farm equipment or other chattels held by the Director as security without the written approval of the Director or if the Director considers that through neglect or otherwise any such livestock, farm equipment and other chattels are misused by the Veteran or if the Veteran fails to comply with any covenant or condition in this Agreement, any portion of the moneys herein agreed to be paid and then outstanding shall, at the option of the Director, become due and payable forthwith and the Director may, in his discretion, by his officers, agents or employees, repossess any or all of the livestock, farm equipment, and other chattels referred to in this Agreement and sell or dipose of them and, at the option of the Director, apply the proceeds towards the indebtedness owing under this Agreement.
14. The Veteran agrees that until the Director grants or conveys the said land to him, the Veteran shall hold or occupy the said land as a Tenant at Will.
15. It is agreed that upon punctual payment by the Veteran of all moneys herein by him agreed to be paid and subject to performance of all and singular the aforesaid provisions, conditions and agreements he shall be entitled to a conveyance of the said land free from all encumbrances other than such as may have resulted through the act or neglect of the Veteran, but subject nevertheless to all reservations, limitations, provisos and conditions contained or expressed in the title held by the Director.
16. Wherever the singular or the masculine is used throughout this Agreement, it shall be construed as including the plural or feminine wherever the context so requires, and the expression “Veteran” shall include the heirs, devisees and personal representative of the Veteran, and the expression “Director” shall include the successors and assigns of the Director.
17. Any assignment of this Agreement shall not be valid.
18. It is expressly agreed between the parties hereto that time shall be of the essence of this Agreement.
19. It is agreed that the Veteran may at any time, without giving notice or paying a bonus, pay the whole or any part of the moneys herein agreed to be paid.
20. In the event this Agreement is rescinded as hereinbefore provided, all moneys theretofore paid by the Veteran shall be retained by the Director, excepting as otherwise provided in the Veterans’ Land Act.
IN WITNESS WHEREOF the Director has authorized to be hereunto affixed his corporate seal and his name to be signed, and the Veteran has hereunto set his hand and seal and designated the undernamed place as his post office address.
As to execution by the Director
As to execution by the Veteran
Signature of Veteran
Post Office Address
AFFIDAVIT TO BE TAKEN BY WITNESS TO AGREEMENT
|of the of in the|
(Occupation of Witness)
make oath and say as follows:
1. THAT I was personally present and did see the within Agreement and duplicate duly executed by
(Full Name of Veteran)
one of the parties thereto.
2. THAT I know the said party and that he is of the full age of twenty-one years.
3. THAT the same was executed at in the Province aforesaid and that I am a subscribing witness to the within Agreement and duplicate.
|SWORN before me at the|
|of , in the Province of|
|, this day of|
(Signature of Witness)
|, A.D. 19|
Notary Public, Justice of the Peace, Commissioner for Oaths, or Authorized for this purpose under the Veterans’ Land Act.
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