Assignment

For a good and valuable consideration to the undersigned, in hand paid, the receipt of which is hereby acknowledged,......................, the undersigned, part... .of the second part to the foregoing agreement do...hereby grant, assign, sell, and set over unto............................ all................rights, title, interest, claim or demand in and to the within agreement, including the right to receive the deed therein mentioned in..........name; and the said......................in consideration of and by accepting this assignment, agree to the terms and conditions of said agreement, and to make all payments therein agreed to be made by the undersigned, and in all things to carry out and perform the same.

This assignment is subject to the approval of......................the party of the first part to the within agreement.

Witness............hand this....................day of...................................................................................................

Witness :

I hereby consent to the foregoing assignment.

The following form is for use in New York City. Form 30. - Contract for Exchange of Properties.

Contract For Exchange

Agreement, made this....................day of.................

19.... between........................................herein designated as the party of the first part, and.....................................herein designated as the party of the second part, for the exchange of property;

WITNESSETH, as follows:

The party of the first part, in consideration of one dollar paid, the receipt of which is hereby acknowledged, and also in consideration of the conveyance by the party of the second part of the real property hereinafter mentioned, hereby agrees to grant and convey to the party of the second part, at a valuation for the purpose of this contract of..................

....................Dollars, all that certain lot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in...................................and bounded and described as follows:..........................................................

(Description here.)

The party of the second part, in consideration of one dollar paid by the party of the first part, the receipt of which is hereby acknowledged, and also in consideration of the above conveyance by the party of the first part, agrees to grant and convey to the party of the first part, at a valuation for the purposes of this contract of................................Dollars, all that certain lot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in........................and bounded and described as follows: ................................

(Description here.) The premises which are to be conveyed by the party of the first part are to be conveyed subject to the following incumbrances:..............

The premises which are to be conveyed by the party of the second part are to be conveyed subject to the following incumbrances:................................................................................................................................................

The difference between the values of the respective premises, over and above incumbrances, shall be deemed, for the purposes of this contract, to be $..........in favor of the party of the........................part, and the party of the......................part agrees to pay the same as follows: ............................................................

Each of the parties to these presents hereby agrees to convey the property above described as sold by that party, free from all incumbrances, except as above specified, and to execute, acknowledge and deliver or cause to be executed, acknowledged and delivered to the other party, or to the assigns of the other party (the deed to be drawn in each case at the cost of the party of the first part thereto), a proper warranty deed containing full covenants duly executed and acknowledged to convey and assure to the grantee an absolute fee of said premises, except as herein stated.

The titles to be given and accepted hereunder shall be such as the......

..........................Company will approve and insure.

Said deeds shall be delivered and exchanged at the office of..........

.......................... on ......................19___at......M.

The chandeliers, gas fixtures, ranges, heating and hot water apparatus, water closets, bath tubs and other plumbing............................now on said premises are to be included in this sale and in the warranty above set forth.1

The rents of the said premises, insurance premiums, and interest on mortgages, if any, shall be adjusted, apportioned and allowed up to the day of taking title.

Each of the parties hereto assumes the risk of loss or damages by fire prior to the completion of this contract on the premises owned by them respectively. And it is Understood that the stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties.

And for the true and faithful performance of all and every of the covenants and agreements above mentioned, the parties to these presents bind themselves, each unto the other, in the sum of......................

Dollars, as fixed, settled and liquidated damages, to be paid by the failing party, and which said sum shall constitute a specific lien on the premises of the failing party.

The brokers in this exchange are..................................representing the party of the first part, and............................. representing the party of the second part, and the usual commissions are to be paid to said brokers by their respective principals.2

Witness the hands and seals of the above parties.

.............................[seal]

.............................[seal]

Signed, Sealed and Delivered in the presence of3

1 See Forms 17-28 for further provisions which may be used where appropriate.

2 If the broker has been acting for both sides, and wishes to assure himself that there shall be no question concerning his double employment, this clause may read as follows: "The parties hereto agree that ............ is the broker who brought about this exchange, and that he acted for both parties hereto in doing so, and each of the parties hereto agrees to pay him his full commissions therefor (or, agrees to pay him the sum of $........ as broker's commissions therefor)."

3 Acknowledgment may be added. An acknowledgment makes the contract admissible in evidence without further proof. N. Y. Code of Civil Pro., Sec. 937.

Form 31. - Contract for Exchange of Property. Chicago, Illinois.1