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<br /> d the said oause came on further to be heaxd on the petttion of the plaintiff, the enswer and
<br /> cross-petition of the Bchool District cf the Citq of arand Island, in the Countq of Hall, in th
<br /> State of Nebraska, and the 0ommexcial State Bank of arand Island, Nebraaka, aad the anewer of
<br /> the defendant, . the �qui:table Building and Loan Aesociation of arsnd Island,Nebraska; and the
<br /> court being_ fully advised in the premises, after takirig the testimonq of Harold A.Pri.nae a.nd
<br /> .J.OunningY�am and hearing the argument of counsel, finda the following,to-wit;
<br /> The court finds that the defendant, the �quitsble Building and I�oan Asaooiation, ie the owner o
<br /> a first mortgage lien covering Lots 1,3 d� 5, in B1ocY 29, of ailbext's Third Addition to the
<br /> f31ty of arand Zslarld:Ha11 t3ounty, Nebra.aka, whioh said mor�tgage liea is a firet and best lien
<br /> agaiast sa3d premises, and that the rights of the other defenda,nts are �unior and in�erior wit
<br /> respect to the above deeoribed real e�tate to the lien of the eaid �quitsble Building a.nd Loan
<br /> Association of Qrand Island,Nebraeka, but that at the reque�t of the said Building and Loan
<br /> Association no decree of foreclosure is entered a� thie time.
<br /> The caurt further finds that on or about the lOth day o� January,i93o, the defendanta, klula L.
<br /> (�ilbert and l�lula C.Qilbert far value made, exeauted and delivered to the defendant, the Sehoo
<br /> District of Girand Island, a certain contract in writing, which eontract ie in �orde and figure
<br /> ae followB to-wit: �
<br /> '�HIS Af�AEEMEI�T made and entered_ into this lOth day of Ja,rivary, 1930 by and between �lula, L.ail rt,
<br /> sin�le and $lula C.ailbert, single, both of (3rand Island,Ha11 0ountq, Nebraeka.partiea of the
<br /> firet part and the 9chool District ef the City of arand Island 3n th�e Countq oP Hall, in the
<br /> 9tate et Nebraska, a corporation, party of the eecond part, witnesseth:
<br /> The parties of the first part h�.ve this day eold to the party of the seQOnd part in considerat n
<br /> of the premises, the followin� described real estate,to-wit: Lots two (2y,four (4� and sia (6 ,
<br /> of Block t�enty-nine (29) ,Gilbert's_ Third Addition to the Oity oF arand Island,Ha,11 0ountq,l�e-
<br /> braeka. In consideration whereof, the par�y of the second past agrees to_ paq the Bum of one
<br />, ;� thousaud (� :1,000) Dollars payable as follows,to-r�it: the� swn of one hundred: (�100.00) Dollar$
<br /> on or before the ensealing of theee instruments and the balance, nine hundred (�900.0�) Dollar
<br /> .+�� on or before th� first da.y of July, 1930; and in addition thereto, the second p�.rty assumeg an
<br /> agrees to pap all special and improvement taxes consist3ng of sewer taaces a,nd �vater taaes;and
<br /> in addition thereto, the seQOnd party agrees to pay the 1�29 real estate taaea.
<br /> Th� firet parties agree that they will�;. not later than th� first day of June,1930, submit to
<br /> Harold A.Prince, attorneq for the �eeond party, an abstraat of title eatended to date, shotring
<br /> a, �slid, mark�table,legal title to be vested in the firet parties, aad the eecond parties �shal
<br /> have a reasonable time to examine said abstract and fn event there are any correotions to be
<br /> made or any matter� to be oorrected, the first parties ehall have a reaeona,ble time thereafter
<br /> to correct eaid abstract. On the payrnent of the remaining eum of nine hundred {�900.00� Dolla e,
<br /> the first parties �gree that they will make, e�cecute and de2lner td the second partp a warrant
<br /> deed to said premises, with general aovenante of parranty a,nd Rarranting against all lien8 aad
<br /> encumbrances except taa�ee for the year 1929 arid thereafter and sewer a�nd water taaes.
<br /> The said first parties, in consideration of the eecoad par-�.i:ea having agreed to pttrohase the
<br /> lots hereinbefore described, do further grant to the second partq an option to purchase Lots
<br /> one (1),three (3) and Pive (5} of eaid Block twenty-nine (29) , (iilbert�s �'hird Ad.dltion to the
<br /> City of Gra.nd jslland,Ha11. County, l�ebraska, for the price of one thousand (�1,000) Dollar8,
<br /> sub�eot to the conditions hereina.fter set forth.
<br /> The second parties shall have five yeare, or until 12 o'clock noon on �he lOth day of Jaunuary
<br /> 1935, to eaeroise said option. In the event the eecond party eYeots to eaercise eaid optton,
<br /> the�� the first arties shall have the rf ht to emo
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