|
��e7
<br /> �'��������!�����'��� �������� �
<br /> �
<br /> by the defendant Sehool Distriot, is the sum of �900, that the Defendant Slula L.Qilbert has
<br /> failed, ne�lected and refu$ed to seeure a releQSe of the aaid �udg�ents aa to said real estate
<br /> and he.a f�ailed, negleoted, e,nd refused to deliver to the said School District a warranty deed
<br /> to said premiees, a�l as required by •said contract. _
<br /> The eourt further finds that a deeree of specific performanc� againat the �lula L.Gilbert and
<br /> in favor of the defendant 3chool District should be entered by_ �he court. :. __
<br /> IT IS THEREFORE ORDERED, ADJUDt3�'D AI�D DECREED BY THE OOURT, that the defendant Elula L.Gilbert
<br /> do within 20 days from the date hereof, to-w�t: on or be�ore the third daq of September, �930
<br /> deposit witY� the clerk of the District Court of Fiall Oountq, l�ebraska, a Warrantq deed to Lots
<br /> 2,4 � 6, of Block 29, of t�ilhert's Third Addition to the fSity of Girand Island,Ha11 �ounty,
<br /> Nebraska, and aecure a release as to said real estate from the lien of the 3uclgm�nts o� the
<br /> Oommercial State Bank of (�rand Isla.nd, Nebraska, which deed the said CSlerk is to deliver to t
<br />� said Sahool Dietrict upon payment into court of the eum of #�00.00 _ _
<br /> IT IS FURTHER ORDERED, ADJUDt�ED A�D DECREED�BY �HE COURT, tba�t 3n the event sa.i8 �lula L.Qilb t
<br /> fail, neglecst or refuee to depoeit said deed with said elerk on or before the third day of
<br /> September,1930, then upon the Sehool Distriot oi t3rand Island paying to said-elerg the sum of
<br /> �900,this dearee shall operate Qs a rvarranty deed from the said �lula L.t�ilbert and all parti
<br /> cla3ming by, throu.�h, or under her to the said 3chool District free and clear Prom a,ll liens d
<br /> encumbrances in favor .of any pereon or parsons whomsoever and with the same etfect a� though
<br /> the said �lula� L.Gilbert had made, eaecuted, and delivered to the Sehool•District a valid
<br /> warranty deed�to said �remises on January 11, 193�. _
<br /> IT Z9 FURTHER ORDERED, ADJUDGED AMD DECREED BY THE COURT, that the dePendante,�lula L.GFilbert
<br /> a.nd �lula 0.(�ilbert upon the 9chool Di�trict of (�rand Island,paqing into court the eaid eum
<br /> of �900, be and theq are hereby perpetuallq barred and en�oined from aBSertiag or olaiming an
<br /> in�erest in or to said premises or anq part thereof and a Frit to place the sa,id School Distr ct
<br /> in possession, to issue on demand Rithout further order of the Qourt.
<br /> The court further finds that the only liens as againat eaid Lote 2,4 � 6, are the �udgment
<br /> liens set forth in their ansr�er of the Commercial 8ta�te Bank, Girand Island,�ebraska, a.nd that
<br /> the eaid Commercial State Bank of (�rand Island ie entitled to the said �900.0�.
<br /> IT IS THEREFOAE ORDE�D, AIWUDt��D AND DECREED BY THE COURT, that the clerk upon the paqment o
<br /> the_said sum of �900 into Court by the 8ehool District, paq the eame, leas the ooets of the
<br /> eaid 8chool Distriet and sheriff'a fee for eummons on Elula L.Gilbert and the Olerk�e fee Por
<br /> ieeuing said summong, to the said 0ommercial 8tate Bank of arand Island,Hall County,Nebraska.
<br /> The court further find� that the option to the def endant 8ehool D3striet on l�ots 1, 3 �: �, of
<br /> Block 29, in t�ilbert�s �hird Addition wae recorded in the office of the Register ot Deeds of
<br /> Hall County, �ebraska, long prlor to the ezecution �of the plainti�ff's mortgage and that the
<br /> ri�hts_ of the plaintiff are �unior to the rights oY the defendant School �istrict as set fort
<br /> in said contract. �
<br /> The eourt further finde that said Lots i, 3 & 5 are subjeot to a first mortgage in the proai te
<br /> sum of �2,700, that the defendant School District eleated to eaerciee its option to purahase
<br /> said premises for the sum oP $1,000 in aecordanee with the terms of said contract, but that
<br /> the defendant �lula O.ailbert was uaable to complq with the terms of eaid oontract, whereupdt�
<br /> in open court the defendant 9chool Dfstriet rescinded its election to eaercise its option, bu
<br /> specifically reserved the right �o eaereiee its option at any time until 12 ��cloak aoon on
<br /> Jaauary 10, �935� �n aacordancs with the terms of said contraet. :: '
<br /> IT IS TEi1�E�ORE ORDERED, ADJUDQ�ED AND DECREED BY THE COURT, that the Sohool Distriat of the
<br /> Qit of (�rand Island, in the oount ,of Hall, in the State of Nebraska, has an o tion- as fol-
<br />
|