Lease of Well Property

I certify that the within instrument is duly entered and registered in the Registry office for the Registry Division of the West Riding of the County of Northumberland, In Book 42[?] for the Township of Haldimand at 12.05 o’clock P.M., of the 14 day of June A.D. 1938
Number 15-820

THIS INDENTURE made in duplicate the 29th day of December A.D. 1937

ALBERT E. SMITH of the Township of Haldimand in the County of Northumberland, farmer (herein after called the Lessor),

Of the FIRST PART

SCHOOL SECTION No. 11 of the said Township of Haldimand (hereinafter called the Lessees),

Of the SECOND PART,

WITNESSETH that in consideration of the covenants and agreements hereinafter reserved and contained by the Lessees to be observed and performed, the Lessor hereby demises and leases unto the Lessees all that certain parcel or tract of land situate, lying and being in the Township of Haldimand in the County of Northumberland, and being that part of the south half of Lot Number 28 in the Fourth Concession of the Township of Haldimand across the road from and to the south of the school known as School Section No. 11, enclosed by a fence, and on which enclosure is a well.

TO HAVE AND TO HOLD unto the Lessees for and during the term of Ninety-nine years from the date hereof; the said well to be used for the purpose of supplying water for the said school known as School Section No. 11, and for no other purpose, except as hereinafter set out. With free access to and from the said well at all times.

RESERVING to the Lessor or any members of his family full use of said well at such times as there is a sufficient supply of water from the said well for all parties hereto.

The said Lessees to keep pump and well on said property in repair.

PROVIDED, that if at any time during the said term the school known as School Section No. 11 is closed permanently and is not replaced by a school to which the said well would be of any benefit the Trustees or other parties acting for said School Section No. 11 shall assign to the said Lessor, his heirs, executors, administrators or assigns all the interest of said School Section No. 11 in the land hereinbefore described; it being the intention and understanding of all parties concerned that the said well is to be used for school purposes only.

THE said Lessor covenants with the Lessees that he had good right and full power to grant, demise and lease the said lands, rights and privileges unto the Lessees in the manner aforesaid, notwithstanding any act of the Lessor or any other person whomsoever.

AND it is hereby declared and agreed that these presents and everything herein contained shall respectively ensure to the benefit of and be binding upon the parties hereto, their heirs, executors, administrators and assigns respectively.

IN WITNESS WHEREOF the said parties hereto have hereunto set their hands and seals the day and year first above written.

in the presence of

A. E. Smith

Grant Massey
________________
John W. Aird

Trustees S. S. No. 11

Stuart A. Nelson


PROVINCE OF ONTARIO
COUNTY of
NORTHUMBERLAND
To Wit:

I, Stuart Akeem[?] of the Township of Haldimand in the County of Northumberland, farmer make oath and say:

1- THAT I was personally present and did see the within instrument and duplicate thereof duly signed, sealed and executed by A. E. Smith, Grant Massey, and John W. Aird [?] of The parties thereto.

2- THAT the said Instrument and duplicate were executed at the Township of Haldimand.

3- THAT I know the said parties.

4- THAT I am a subscribing witness to the said Instrument and duplicate thereof.