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<br />�� �ISC�LLA�T]EOL7S ]E��COR� '�'
<br /> r 17iO4—The Auguatine Co., County Suppliee, (3rand Island, Nebr.
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<br /> the premises or both, it being understood �.nd agreed in this connection that the lands in-
<br /> volv�d are bein�>; sold by the Compa.ny to t:ne Buyer in reliance upon the Buyer ' s peculi�.r fit-
<br /> ness E�.nd probable ability to successfully farm said lands and carry out the terms hereof.
<br /> SIXTEENTH� The Company further covenants and agrees• with the Buyer that upon the f��:thful
<br /> performance by said Buyer of the covenants and agreements 'r�y said Buyer to be erformed, and
<br /> upon the payment on account of princip�l of Two Thous�,hd Six Hundred & No�100 ��2, 600.00)
<br /> Dollars, with all interest and advancemPnts, if any, wi'ch interest tnereon, the said Company
<br /> will execute and deliver a good arid sufficient deed to tne said Buyer to the herein described
<br /> real estate, such deed to warrant only as against its own acts, as follows :
<br /> And the said party of the first part does hereby covena.�it and agree, that it will
<br /> warrant and defend the same in the quiet and peaceable possession of tne sa.id party
<br /> of the second part, trieir heirs and assi�ns forever against all �ersons wnomsoever
<br /> lawfully claimin� thP 5arne, from or under it and not otnerwise;
<br /> provided, hoj�rever, that contemporaneously with• the execution of such deed, the said Buyer,
<br /> or said Buyer ' s heir5, each �joinin� tnerein, sh�a.11 execute and deliver to the said Company
<br /> a note or notes for the amount remaining unpaia, which sh�ll �e of even da.te wit:n the date
<br /> of eaid deed to the Buyer, and shall be pa.yable a.s follows:
<br /> Said. note or notes and the mortg�ge securing same sh�ll be for not more than �5, 900.00 and
<br /> shall provide for annual curt�.ilments of principal of at least �100.00 each, pay�ble on
<br /> August fir�t of each year from tne date thereof until tne year immediately preceding the
<br /> �inal maturity of the balance which sha11 become due and p�.y�ble on or before August 1, 1947.
<br /> Interest �ha11 be nayable thereon semi-annua.11y at the rate of 5� f'�� the period from August
<br /> 1, 1942 until maturity �nd at t�ie rates set forth in P��ragraph 3 hereof for any periods of
<br /> time mentioned therein remainin�; after the d�.te of' said deed and purchase money mortgage.
<br /> The s�,id. Buyer sh�ll seeure such note ar notes by a purchase m oney mort�age on said real
<br /> estate herein described., which said mortg�ge sha•11 be superior to al1 liens and encumbr�nces
<br /> of evPry kind again5t said premi�Ps, and be property executed by tne Buyer, or said Buyer ' s
<br /> heirs, �nd other necessary p�.rties; the forms of the notes and mortgage to be executed by the
<br /> Buyer sh��l1 be those in use b,y the Compa.ny in the Sta.te of Nebraska as security for loans of
<br /> money k�y it m�.de, arld shall provide for insura.rice against all manner of damage as may be r�-
<br /> quired by said Company in tne �mount of not less than One Thougand Elght Hundred & No/100
<br /> (�1, �00. 00) Do�lars� The expense of recording said deed• and mortgage, together with any
<br /> registration tax that ma.y be irnposed tnereon, shall be �a.id by tne Buyer.
<br /> SEVEi�1TEENTH: It is agreed between the parties hereto t'ria.t all prior and contemporaneous
<br /> oral a.nd �aritten agreements pertaining to tr�nsactions herein are merged in tnis a greement,
<br /> and this agreement contains all existing agreements of �every nature and kind per. '�aining to
<br /> the transactions herein and connected therewith.
<br /> �'IGHTEENTH: The Buyer� agrees that said Buyer personally examined said land; tha.t from sa�d
<br /> examination of the s�.me, s�.id Buyer finds th�t it will be possible for said Buyer to thereon
<br /> carry out the t'erm� of tnis agreement ; that said Buy�r m�kes tnis agreement freely and vol-
<br /> untarily; that in so doin�, said Buyer does not rely u�,�on any statement or representation
<br /> pertainin� to the land or thi� tr�nsaction or any m�tters pertaining• hereto m�de to said
<br /> Buyer by th� Compa.ny or its representa,tives or any ��erson representin�; or ���orting to
<br /> rep�-��esent the Comp�ny, but th�.t in t:�iis transaction tne Bu•yer relied wholly upon said Buyer � s
<br /> oran investig��tion and �knowledge.
<br /> NINETEENTH: The Buyer agrees th�.t all communications pertaining to tnis transaction,
<br /> and� until� this a�reem�rit is fully performed, may be sent to said Buyer at the post off'ice
<br /> add.r�ss of the Buyer given elsewhere herein. ;
<br /> TWENTIETH: The Buyer �agrees no� to le�se or sub-let the farm in whole or in part nor
<br /> encumber tne crop for any purt�ose whatsoever without the c�nsent in writing of the Company.
<br /> T�JEiV'�Y-FTi�,ST : The deed herein above referred to ar�all contain the following provision;
<br /> mhi� con�reyance i's made expressly subject �o ta�es and assessments assess��or the
<br /> yea.r Note 1, pay;able in the year Note 2; any other taxes, agsessments or instalments
<br /> thereof, or eharges payable gubsequently; and rignts of oecupying tenants, if any,
<br /> Note l. Here will be recited in aeed instalment of taxes which are next due on the date
<br /> thereof.
<br /> Note 2. Z'nis will be recited �ccording to trie fact�.
<br /> TWENTY-SECOND: If the State of Nebraska, or �.ny subdivision thereof, or any power company,
<br /> railroad or other corporation, ?aith power of eminent domain, snall acquire any of the land
<br /> herein described '�y condemnation or otherwise, the Company shall be entitled to amount of
<br /> � award madP, if any, and may ap�ly it against any s,.zms herein or on sa.id note and mortgage
<br /> req_uired to be baid, �,nd t'rie Buyer s���:�ll h�ve credit accordingly.
<br /> TWENTY-'THIRD: The <�bove premises h�ve b�en rented to a ter�ant who has a lease until
<br /> March l, 193�, and this contract is ma.cte sub,ject to said tenant ' s rights. It is agreed
<br /> that Buyer is to receive all tr�e rents, is5ues, and Urofits due under said lease, and for
<br /> that purpose Compariy shall a�sign s�id lea.�e to� Buyer without recourse or warr�nty of any
<br /> kind.
<br /> TWENTY-FOURTI�: The d.eed hereinabove provided for srl�.11 be made in f avor of Albert P.Alber
<br /> and Len�. D.Alber as ,joint tenarits with right of' survivorship and not as tenar�ts in common. ,
<br /> IN WITNESS WHEREOF, the' Comb�.ny has caused these presents to be signed by it5 �Tice-
<br /> President attested by its �ecretary, and its corpor�te eeal to be hereto affixed, and the
<br /> said Buyer have hereunto 'affixed t'rieir hands a nd se�ls the da.y and year first a.bove written.
<br /> Attest : Harry H.A11en, Secretary ( CORP) THE MUTUAL BENEFIT LIFE INSUt�ANCE COMPANY
<br /> ( SEAL) By Herma.n G.Hornfeck,
<br /> • � Vice-President
<br /> In tne presence of:
<br /> H. G.Pratt Albert P.Albei�
<br /> H. G.Pra.tt Lena D.Ali�er
<br /> Filed for record thi� 26 day of April, 19�1, at 4: FO o ' clock P.M. OC2��yd �
<br /> eI� gister of eec:
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