THIS INDENTURE, made this _________ day of ___________, 20_______, by and among ___________________ and ____________________, husband and wife, hereinafter called the "Assignor", and __________________, (marital status), and ___________________, (marital status), whose address is _________________________________________, hereinafter called the "Assignee",
For TEN DOLLARS ($10.00) and other valuable consideration the receipt of which is hereby acknowledged, and in consideration of the covenants and agreements of the Assignee hereinafter expressed, the Assignor does hereby sell, assign, transfer, set over and deliver unto the Assignee as Joint Tenants with full rights of survivorship, their permitted assigns and the heirs and assigns of the survivor of them, the following:
All of the property more particularly described in Exhibit "A: which is attached to and expressly made a part hereof, including, without limitation, all right, title and interest demised by that certain apartment Lease demising apartment No._____ in the Condominium Project known as the ________________; together with all interest thereto appertaining, and together also with the personal property, if any, described in Exhibit "A".
And all of the estate, right, title and interest of the Assignor in and to the premises thereby demised, and all improvements, rights, easements, privileges and appurtenances thereunto belonging or used, occupied and enjoyed in connection therewith.
TO HAVE AND TO HOLD the same unto the Assignee according to the tenancy set forth herein, for and during the remainder portion of the term of said lease, absolutely, and as to said personal property (if any) absolutely and forever.
AND, in consideration of the premises, the Assignor does hereby covenant with the Assignee that the Assignor is the lawful owner of the herein described property; that said lease is in full force and effect and is not in default; that said property is free and clear of and from all liens and encumbrances, except for the lien of real property taxes not yet by law required to be paid, and except as may be specifically set forth herein, that the Assignor is the lawful owner of said personal property (if any) and that the Assignor's title thereto is free and clear of all encumbrances except as aforesaid; that the Assignor has good right to sell and convey said real property and said personal property (if any) as aforesaid; and, that the Assignor shall WARRANT AND DEFEND the same unto the Assignee against the lawful claims and demands of all persons, except as aforesaid.
AND, in consideration of the foregoing, the Assignee does hereby promise, covenant and agree with the Assignor and to and with the Lessor, that the Assignee will, effective as of and from the date of the execution and delivery of this instrument and during the remainder of the term of said lease, pay the rents thereby reserved as and when the same become due and payable pursuant to the provisions of said lease, and will also faithfully observe and perform all of the covenants and conditions contained in said lease which from and after the date hereof are or ought to be observed and performed by the Lessee therein named, and will at all times hereafter indemnify and save harmless the Assignor and the Lessor from and against the nonpayment of said rents and the nonobservance or nonperformance of said covenants and conditions and each of them.
The Assignee does hereby covenant and agree, for the benefit of the owners from time to time of all other apartments in the condominium property regime described in Exhibit "A", to observe and perform at all times all of the terms, covenants, conditions and restrictions set forth in the Declaration and Bylaws referred to in Exhibit "A", as the same may from time to time be amended, on the Assignee's part to be observed and performed as and when required to do so, and to indemnify and hold and save harmless the Assignor from any failure so to observe and perform any of such terms, covenants, conditions and restrictions.
The terms "Assignor" and "Assignee", as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine, feminine or neuter, the singular or plural number, individuals, trustees, partnerships or corporations and their and each of their respective successors, heirs, personal representatives, successors in trust and permitted assigns, according to the context thereof. All covenants and obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention is clearly expressed elsewhere herein. The term "lease" as and when used herein means the lease or sublease demising the leasehold estate described in Exhibit "A", together with all recorded amendments thereof, if any, whether or not listed in Exhibit "A". The term "rents" as and when used herein means and includes all rents, taxes, assessments and any other sums charged pursuant to the lease.
IN WITNESS WHEREOF, the undersigned have executed these presents the day and year first above written.
STATE OF HAWAII)
CITY AND COUNTY OF _______________)
On this ____________ day of __________, 20_______, before me personally appeared
__________________________ and __________________________, husband and wife and __________________________, an unmarried person and __________________________, an unmarried person to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as his free act and deed.
NOTARY PUBLIC, State of Hawaii
My commission expires: ________________
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