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<br /> 17604—The Augustine Co., County 3uppliea, Grand Island, Nebr.
<br /> all such interest payments to be mad� Au�ust first and February first in each y�ar.
<br /> FOURTH: The Buyer shall have the option of payin� One Hundred Dollars, or any multiple �
<br /> thereof, in a�`�dition to the payments agreed to be made hereir�, on the amount due and owin�±
<br /> under this agreemPnt, includin� alI interest due thereon, �,t any time during the continuance
<br /> of this a�reement.
<br /> FIFTH: The Buyer hereby a�rees, so long as any part of the principa.l or interest of the
<br /> �aid consider�tion money rema..in� unpa,id, tp well and faithfully, in due sea.son, in each an�d
<br /> every year, p�y, or cause to be paid befor� they bec�me delinauent, all taxes assessed or ;to ,
<br /> be assessed for the year i937, and payable in the yea.r z93�; and thereafter; any special
<br /> taxes or a�sessments now a lien but not yet payable, and a.ny instalments of any special ta;xes
<br /> or a�sessments now a lien but not yet pay�ble.
<br /> SIXTH: The Buyer agrees to keep the buildin�s on said Iand insured in the name of the
<br /> Company a.� oti�rner, in such amount and kinds as sha.11 be a.p�roved by said Company against
<br /> al1 manner of damage a� may be required by �aid Compariy, which amount snall not be Iess
<br /> than $�1, �00.00 and to deliver the policy or I�olicies to the s�id Company. In case any losis
<br /> sh�ll become payable und.er such insur�rice, the �mo�.�nt of' such loss shall be paid to th�
<br /> Company and excep� as nerein provided s'r,�.11 constitute a fund for the repair or replacemen;t
<br /> of' the dama.ged and destroyed property so insur�d; providPd, however, if th� p�rties h�reto!
<br /> shall fa.il �romptly to agreP upon �he cost, nature a.nd details of such repair or replaceme;nt,
<br /> the �roceeds of such insurance may be applied by the Company to the unpaid b�lanee of thej
<br /> purch�.se r�rice. LikeUrige any excess o�' �uch proceeds over such cost ah�ll be so applied t'o
<br /> any such unp�id balance. The bremium on the Comp�.ny' s insurance policy is to �be apportion�d
<br /> between the partiPS as of July l, 1937.
<br /> SEVENTH: If the Buyer s'ria.Il fail to pa.y any inst�lment of taxes, or any instalment of
<br /> special assessments, as hereinbefore �t�,ted, when due, or sha11 fail to ke�p the buildings:
<br /> insur�d as herPin provid�d, the Cornpany may pay such taxe� or assessments before or after
<br /> the penalty a.tt�ches, or the premiums upon the insur�nce policy or policies, and the amour�t
<br /> so paic� s�l<�.11 become a �d be treated a5 a ?�a.rt of tne purchase pric� hereunder, and such '
<br /> amount with in��rest tnereon, at the rate of nine per cen'�. shall be payable upon demand,
<br /> anc� payment thereof must be m�de befor� the Buy�r is entitled to a deed to the said premisles
<br /> a.s hereina.ftPr �rovided. �
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<br /> EIGHTH: The Buyer agrees not to commit, or allow, suffer or permit any othPr person to
<br /> commit, �ny t�raste or dama�e to the said land or the appurtenances thereon and thereunto be.-
<br /> 1Qn�;in�;; �.nd not to cut any timber or ahade trees on said land without the �conBent in wri'�ing
<br /> of the Compa.ny.
<br /> NINTH: It is furth�r agreed th�.t the Buyer, upon tne execution of �his agreement and
<br /> sub�ject to any lease or rental agr. eement tYl��t may be in force, or the ri�hts of any persor�
<br /> or persons in possession, if any, m�y on the date hPr. eof, enter upon said real est�.te and
<br /> use and occupy it in thP ordina,ry ��ray, a.d�pted t� the cl�ss of farming con��mtplated here- `
<br /> under, taith�ut in,jury or w�.ste therPto, so long a� no default shall h�ve occured in said
<br /> BTayer ' s obligations to be ke�t �rid performed hereunder, and upon the occurence of any de-
<br /> fault upon the part of trie Buyer, �11 of the Buyer ' s right to such possession and occup�.tion
<br /> shall cease, and. the Comp�.ny sna.11 thereupon h�ve the rignts to immediately, or �t any tir�e
<br /> thereafter, re-enter and take tne entire �nd exclusive posses�ion of' said premises �.nd e,j�ct
<br /> and d.is�ossess the Buyer, a.nd the Buyer hereby further agrees �.s �. p�.rt of' tne consideration
<br /> for being let into ��ossession hereund.er th�.t at ar�y time aft��aricl3uring any default by tl�e
<br /> Buyer, upon rPC�uest, the Buyer will peaceably �.r�d withaut opposition surrender u,� th� pos=
<br /> session of s�.id prPmises and remove therefrom, but it is expressly understood a.nd a.greed
<br /> tha,t the ret�.king of possession by the Company shall not oper�,te to abrogate or cancel. tY�is .
<br /> a.greement or be treated as a rescission thereof; but the right of each party �o perform or
<br /> to exact perform�.nce �hall rem�,in in full force and effect, and that ��.is a�reement sh�ll,
<br /> from that time on, st�nd as �n agreement, reserving possession in the Company, until full
<br /> and complete performance by the Buyer, unless the agreement is c�ncelled as hereinafter
<br /> providea.
<br /> TENTH: To insure and facilitate the prompt ar�d full ��e .rform�.nce of this a greement by the
<br /> Buyer, the Bu�er a�rees tn�t until it sh�.11 k�e fully performed, the Buyer will at all times
<br /> farm thP premises involved in a fa.rmer-like manner according to the usual course of hugbandry,
<br /> �nd at the Buyer ' s own expense till, farm, cultivate and pasttxre all of the lands upon 5�id
<br /> premises, suit�ble to such purposP�, to the end that a11 of the said lands be availed of as
<br /> far as practica.bl.� for the conduct of grain �.nd stock fa.rmin�, ��rhich is within the contemplation
<br /> of' the p�.rties her�tQ.
<br /> ELEVENTH: The title to th� premises during the life of �r�is agreement shall rem�,in in
<br /> the Company, and tne Buyer coven��.nts and agrees that the Buyer will not in any :�Tay attemp�
<br /> � it i n� to attach to the same .
<br /> to encamber it or nerm 1 �
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<br /> TWELFTH: Shoul� def<�.ult be m�.de in the payment of any or either of the said 9everal �ums
<br /> of money, or any p�rt tnereof, to be paid by said Buyer, or in payment of the inter�st
<br /> thereon, or in tne �erforma.nce of �riy or either of t'rle covenants, agreements, terms or con-
<br /> ditons of this agreemPnt to be by said Buyer kept or performed, the ��id C�mpany may, at
<br /> its option, declare trie entir� indebtedness, ar any �:».rt thereof then remainin�� unp�.id,
<br /> immediately due and. paya.ble, a.nci may proceed to c�ncel said agr�ement upon givin� proper
<br /> notice t� said Huyer of its intention so to do; such notice to be mailed to the Buyer at
<br /> Doni�h�n, Nebraska, arld ariy statutory provisions �aith rPf�rence to notice are hereby waived.
<br /> Hoc�rever, nothing herein shall be canstrued. or co��sidered as makin� it n��etisary for or
<br /> obligatory on the Comp�ny to tender a. c�eed to the premisPs herein d�seribed before cancell�.no
<br /> this agreement or enforcing any of the other provisions o�' this a�reement.
<br /> THIRTEENTH: It is furthAr undPrstood and �greed that the time of payment of' tne several.
<br /> instalment� of ,�urcnase price and interest, �.nd of ea,ch t'rlereof as herein provided, is of
<br /> the essen e of this agreemPnt, ar�d that no extensi�n of' the time of p�yment of a.ny insta.l-.
<br /> ment,,sn�.��eemed a waiver of the ri�hts of the �omp�ny to insi5t upon strict perform�.r�ce
<br /> upon tne maturity of a�iy subsequent in5t�lment.
<br /> FOURTE�'NTH: It is further agreed by the Buyer, s�p�rate and apart from all othPr agreements,
<br /> that in casP of the cancellation of this �greement, for any default or breach of �ny of the
<br /> covenants rlerein contained, by the Buyer, or sa.id Buyer ' s assigns, any and all �rowing crop
<br /> and crons not h�.rvested on said 1and, and all improvements placed thereon lay the Buyer,
<br /> shall be tne �o1e property of tne Company a.nd ke�t and retained by th� Company as liquida�ed
<br /> damages and all payments that hav� been made hereunder by the Buyer sha.11 be retained by '
<br /> the Comp�.ny" a.s combensation for t'rie possession or right of possession given by said agree-»
<br /> ment to the Buyer.
<br /> FIFTEENTH: It is mutu�.11y agre�d and understood tha.t all of the covenants and agreements
<br /> herein contained shall extend to and be obli�atory upon the� heirs, executors, administratqr�,
<br /> successors and. �ssi�ns Qf the parties hereto; but tne Buyer shall not aasign tnis agreemerit
<br /> or any right tne Buyer may aca,uire hereunder, without the approvai of the Comp�ny endorsecl
<br /> hereon, ana �.ny assignment he�eof so m�.de, whether absolute or as seeurity, without the '
<br /> approval of' the Company, sha11 be void at its electio��, and ahall constitute such a defau7;t
<br /> hereuncler as will entitle th� Company to either canc�l tnis agreement or take possession cif
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