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�44
<br /> �I ��]EL�A�T���T� ��E� �R� ']C
<br /> 17604—The Angustine Co., County SupPHes, Grand Island, Nebr.
<br /> Nothing her�in sna11 be construed to prevent Buyer f'ram procuring additional insurance on . _ �.
<br /> said improvements for said period at his �wn expense. �3 11 r shall not.b liable t Buy
<br /> for any loss or damage to said improvemen s not covered �y lnsurance whic�. occurs a�ter ��ie
<br /> d.ate of the a�proval and execution of this agreement by "the °e11er. ,
<br /> ( ) Se11er sha11 retain possession of said bremises until Ma.rch l.st. 1941, at which �ime
<br /> it ahall �except a.s hereinafter stated) deliver pvssession thereof to the Buyer, providing
<br /> that upon said date Buyer is not in dePault in performance of any of the a�reements hereir�
<br /> agreed by h�m to be performed.
<br /> (6) Buyer covenants and. a�rees while he is in possession of said property to abstain from
<br /> • t kee the buildings �hereon in as good repair as they
<br /> th reon o p
<br /> the commission o�' �
<br /> aste e ,
<br /> now are; not to se11 and remove gravel, coal, gas, oi1, minerals, timber or soi�. therefro�l
<br /> �aithout the written consent of the 8eller thereto, exce�t for use on the premises; and to '
<br /> assign any con�rac� �'or the sale of suchtma�ea�adown�orhdestroyror�removeianylbuildings fqr
<br /> the payment of' said purchase price; not o
<br /> situated on said premises, and th�t any building erected thereon or improv�ments �dded '
<br /> thereto by the Buyer, shall become a part of said real estate.
<br /> ( �) The Buyer, to secure his performance of tne provisions of this agreement, hereby ;
<br /> grants and conveys to the �eller a lien upon any a.nd a11 c�ops growing or to be grown ;
<br /> upon said premisea so long as any part of said nurchase pr. ice r��°a�houldpth�� aboveldescribed
<br /> constitute and be trea�ed in all respeeta as a chattel mort�;age.
<br /> premises be loc�.t�d i.n � ,�urisdiction where a present chattel mortgage of crops to be
<br /> grown in the f uture is invalid, then 3.n such case the Huyer hereby speeif ieally agrees th�t
<br /> he will on dem�nd by Seller, execute and deliver to Seller a, chattel rnortgage on the �row�
<br /> �ng or harvested, cra�s cn said x�remises to secur� his performance of the provisions of th�.s
<br /> agreement. 8hould Buyer lease said premiSes to a third persoi1, it is agrEed that Buyer
<br /> will on demand by Seller, execute and deliver to Se11er an assignment of al1 rents reserv�d
<br /> to Buyer by the terms of said lease to secure the performance by Buyer� of the pravisions i
<br /> of this agreement. �
<br /> (�) It �s understood and agreed that time is the essence of thia agreement and that in t�e
<br /> event of failure of Buyer to perform any or all of the agreements herein agreed by him to'
<br /> be kept or perf'or•med or in the event Buyer shall assign his interest in this agreement
<br /> without obtaining the Se11er' s �rritten �nsent thereto, the �eller may at ite option ( 1)
<br /> declare the whole b€�.Zance of s:� id purchase price, , together with any a.mounts expended by
<br /> it pursu�nt to this agreement, due and payable at once, and ma.y maintain either a sui.� at
<br /> l a w f o r t h e b a l�,n c e d u e �e l l e r, or a suit in equity for the foreclosure or for specific
<br /> performance of this agreemerit, or (2) declare a forfeiture of this agreemen t an d re t a ke
<br /> possession of s�id premises and retain aIl amounta p�id by Buyer �.nd. all improvemen�s by I!
<br /> him made on said premises, as rental and liquidat�d .damages. Sel.ler further res�rves the;
<br /> right upon defaul.t in tne p�.yment of any sum herein agreed to be paid by the Buyer, to
<br /> sue at law for the sums �o due withou'� acceleratin� the d.ate of' rnaturity oP tne remainaer
<br /> of said purcha�e price and without waiver of any of its ri�hts hereunder.
<br /> (9) It is a�reed th�.t: The 3eller shall have the rigrlt at aZ1. times to enter upon said
<br /> �roperty by its represent�,tives or employees, for the purpose of viewing the same or
<br /> supervisin� cultiv�.tion thereof, or rnaking improvements thereon; the 5eller may enforce
<br /> any of the provisions and stipulations of this agreement at any time and any forbeara.nce
<br /> by the °eller shall not be construed �s a waiver caf a.ny right to enforce any of the pro- '
<br /> �risions of this a greement; the Huyer sh�ll pay the costs and expenses of any legal pro-
<br /> ceddings brou�ht by the Seller to enforce any of its righ'�s under this agreement, includ,
<br /> ing a reasonable attorney � s fee for �e1ler� s attorney. '�he int�rest of the Buyer in thi�
<br /> agreement ean only be assigned with the written consent of the seller, and the accenta,ne�
<br /> of payments by the 5eller from any assi4nee of 'Ghe buyer shall not eons'Citute a waiver by
<br /> the Se]-ler of the Buyer ' s personal liability to the �eller.
<br /> (10) The following shall and do constitute the sole and only special agreements be-
<br /> tween �he parties, to-wit:
<br /> (11) It is understood and further agr�ed that this agreement ig made expressly sub,ject
<br /> to the acquisition, by the Seller, of title to and passession of the property herein agr�ed
<br /> to be sold, and that, if the Seller does not acquire title to, or for any reason oannot
<br /> deliver possession of said premises to the $uyer at the time hereinbefore stated, then and
<br /> in either of such events, the Se11er may, at its exclusive option, refund to the Huyer
<br /> all amounts of cash paid by the Buyer on said purchase price, together with interest
<br /> f thereon at 3 per oent per annum from the respective dates of payment, af'ter deducting th�
<br /> fair and reasonable rental value of said �remises for the period durizzg which the Buyer '
<br /> m�y�:�ave had. po�se�sion of said .preinises� 'and. that, upan the ten�er of. such refund to th�
<br /> �� ���i�h�� ���,e���r�t� ��l�stb�heu�7�1���. vo�d and the Buyer shall . there�after h�.ve no righ�
<br /> 12 Tt is specifical�y agreed that any represent�tion, promise or agreement made by th�
<br />� reprPSentative of either of the parties hereto not eon�.ained in this agreement, $ha11 not
<br /> be binding upon the parties hereto, and shall in no wi�e aff'ect the val3dity of this a�ree;�
<br /> ment or any part thereof.
<br /> (13) Tt is agreed that this agreemen� duly executed by the Buyer shall not be binding
<br /> upon the Se11er until appro��ed and �ccepted by the Executive Committee of The Feder�l Lat�d
<br /> Bank of Omaha �nd executed by the proper officer or attorney in faGt oP Beller, and v�rhen;
<br /> so executed same s:�a11 be binding upon both parties hereto and their heirs, representati'ves,
<br /> . successors and. assigns.
<br /> (14�) Any party hereto who is a married woman, hereby specifically binds her sepa,rate : ,
<br /> estate both that owned on the date her�of ar�d any t��at she may subsequently aequire. j i
<br /> ;
<br /> ( 15) The sum tendered herewith a.ld a11 payments m�de or tendered to 'Ghe Seller hereunder�,
<br /> if not in money, will be accepted by the Seller for collection only, and the Se11�r sh�1�l
<br /> be re�ponsible only far the application or return as, the case may be oP cash proceeds
<br /> thereof received by it.
<br /> In witness whereof, the parties h�reto have caused this agreement to be execut�d.
<br /> Witness : B.Peck FEDERAL FARM MORTGAGE C�RPORATION
<br /> By Chester H.arau, Vice President �
<br /> �eller
<br /> J. E. �ieher A1ex i�argheim
<br /> Filed for record this �0 d.ay of March, 1942, at 11: �5 o ' clock A. MB�yer :
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<br /> l�eg��ter Qf ���
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