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<br /> 17604—The Augustlne Co., County 3uppliea, Grand Island, Nebr.
<br /> premiums and cost of such insur��nce covering s�id proper�y as Se11er rnay from time to time
<br /> require ancl ( c) any other levies, charges ox° items which Seller may deem it neeessary or
<br /> proper to p<�y, whether or not the Game constitute liens , or charges upon or against said :
<br /> property. From and out of moneys received by Seller pursuant to the provisions of' this
<br /> paragraph and�ar frem and out of any other moneys received by SE11Pr from Buyer or for
<br /> Buyer ' s account, Se11er may <�t any time p�y the �ahcle or any pa.rt of the items mentioned
<br /> in this paragraph, or any of tnem, together with any penalties, interest and chargea there�on,
<br /> or may retain any of such moneys for payment of any of said items, or Seller may �t its
<br /> sole ot�tion an��1.y at a.ny time any or all of such moneys to tne payment of any indebtednPSs
<br /> o�ain�; to it from B�zyer. Se21er sh�,ll not be reau�.red to disburseany of sa�.d moneys to any
<br /> agent or insur�nre company from wh�m Buyer may directly order insura.nce. ��Seller rnay commi'ngle
<br /> ��rith its general funds any moneys received or retained by it pursuant to the provisions of
<br /> this paragraph and shall not be liable for the payment of any interest tnPre�n, nor shall
<br /> Seller incur any liability to the Buyer on account of such moneys, exce��t to apply, retain
<br /> �nd/or disY�urse funds received by it hereunder as is herein provided. �f the moneys recei'�ed
<br /> or retained by Seller purs;�ant to the provisions of this paragraph are in5ufficient in
<br /> amount to pay and� discharge such taxes, assessments, insurance premiums and other levies,
<br /> char�es and items to�;ether with any penalties, interest or charges thereon, when the same
<br /> become due, payable, r�a.st due or delinquent and/or if B�iyer fails, neglects or refuses to
<br /> keep s�id premises in good repa.ir, then SPller at its sole option may at any time pay the
<br /> whole or any part of such items, or any of them, together with penalties, interest and
<br /> charges thereon, from its own funds and�or m��y effect such repairs and �ay for them from
<br />� its o �n funds, and any such payments by Seller from its oti�rn funds shall be addi tional ob-
<br /> �.igations owin� from Buyer to Se11er hereunc�er, and ariy such pa.yment by S�Iler. from its
<br /> o�an f�.zncs, together with interest tnereon at thP rate of 4-� per cen� per annum, shall be
<br /> repa.id by Buyer to �eller immediately and taithout demand, or a.t such time or times, in
<br /> such amcunts and in such manner as �eller m<�y require. All payments of said items made
<br /> nd r ma be in s?�ch amounts as are sho?an b i.ts own records or b bills
<br /> ;->y Seller hereu e y Y , Y
<br /> obtained by �eller, or by any other information received by �eller, to be d�ae, payable,
<br /> p�.st due or delinquent. jf requested by Seller, Buyer s�la.11 t;romptly obtain, �p1JT'pJP and ,
<br /> delive.r to Se1_ler all l�ills for s�id iter:ls. �eller ' s rights to hold, apply and dispose of
<br /> said funr�5 f or the r�urposes and in the manner herein provided are irrevncable and absolute
<br /> prior to the ful1. payment of all of Buyer ' s inde'ptedness to Seller, whether secured or
<br /> unsecured, and nonP of saic� ftznds m�.y be withdrawn by BuyPr so long as any of such indebted-
<br /> ness rPmains un�aid.
<br /> 4. Buyer hereby assigns, t .ransfPrs and sets over to Seller, up to the amount of the
<br /> tot�l indebtedness of Buyer to Seller hereunder, a.11 of his ri�ht, title and inter�st in
<br /> or to all awards of damages in connection with the condemnation of any of the pr. operty for
<br /> public use or for in,jury to any thereof, and the pr. oceeds of all such awards, a,fcer payment
<br /> tnerefrom of all reason�.ble expenses incurred, including fees for a.ttorneys representing
<br /> �3e11er in any proceedin�•s in which any such a��rard is made, sr�all be paid to Seller, and
<br /> �eller is here�y autnorized in the name of Buyer to execute and del.iver valid acquittance5
<br /> thereof and to ap��eal from a.ny or all of such awards. If' any of the property or any righ'�
<br /> o.r. interes� therein or thereto be condemned for public use, tlzen Seller shall 'pe under no
<br /> obligation hereunc?er to s?11 or canvey tne r�roberty, right or interest so condemnPd,
<br /> 5. A11 moneys received he .reunder by Se11er under ariy policy or policies of insur�nce
<br /> or any condemnation award or other award m�y, at tne optien of Se11er, without notice and '
<br /> witho�at waivin� or impa�rin� any equity or ri;rit �ccruing to �e11er by virtue of this agre�-
<br /> ment, be used for the pur�?ose of' reconstraneting, rep�irin��, replacin�, improving or adc;ing
<br /> to the buildin,s or im�rovements now or herea.fter situate in or unon the property of for
<br /> any other pur��ose which Seller shall elect, or, at the option of Seller and witnout notice,
<br /> such moneys so received by Se11er may be credited and applied to such portion or portions
<br /> of the indebtedness a��aing to Seller hereunder as Seller m=�y elect and in such order and
<br /> manner as Seller m�y determine.
<br /> 6. Buyer siall not commit, permit or suffer any was�e of the property and sha11 keep
<br /> and maintain thP s�me in �ood condition and repair and snall. nromptly effect 'or cause
<br /> to be effected, at nis o?�rn expense, ,�uch repairs and improvements of the prop�rty as
<br /> Seller may from time to time require, Seller bein� hereby made the sole ,judge of' the nece�s-
<br /> ity of the rep��irs �nd improvements so required. Buyer shall not permit . any claims of li�r�
<br /> r,o be filPd �gainst the property or any liens to attach thereto by reason of any repairs c�r
<br />� improvements.
<br /> 7. Upon full payment by Buyer of the �urchase ��rice brovided herein and on full perform-
<br /> �nce 1�y Buyer of each and. all of Buyer � s obligations hereunder, tne Seller shall deliver
<br />� to Buyer a �ood ar�d. sufficient warranty deed conveying said real property to the party or
<br /> partips hereinafter nar�ed, free from all encumbrances, exce��t covenants, conditions, rest�ic-
<br /> tions, reservations, easemer�ts, rights and rights of way of recor. d, ana except liens, char�ges
<br /> and Pncumr�rances made, created or suffered by Buyer or to be pai«, diseharged or assumed
<br /> by Buyer hereunder. Buyer shall pa.y reco.rding fees and all recorda.tion, transaction, t.ra.r�s-
<br /> fer, con�Ayance anci other simi�ar taxes upon any deed or other instruments executed in cor�-
<br /> nection �aith this transaction, togethPr with any a.nd �11 revenue, documentary or other
<br /> sta.m�s reauired for any purpose to be aft ixec�. to s��cn deed or otner instru�nen'Gs.
<br /> The name, marita,l st�tus and address of each person to wnom the property sn.all by said
<br /> deed be conveyed and the ten�.ncy, if any, to be s��ecif�Qd in said deed, snall be as f'ollows :
<br /> Leon Braun
<br /> �. It is further agreed by and be'tT�veen the ��arties hereto that if' the Buyer fails,
<br /> r�fuses or ne�lects to pa�y said purchase money and interest thereon for �, period of
<br /> triirty (30) days or fails to keep and perf'orr� any of the other terms ar�d conditions of
<br /> tnis agrePment on his part to be kept arict performed, as herein provided for, t'rien the
<br /> Se11er at its ontion, may at once and ?ait'r.�ut notice, declare tne whale amount of the
<br /> x�urcr�ase n.rice rema.ining tizn���id at once due and collectibfie.
<br /> �. It is further understood and agreed by and bett�een the pa.rties hereto that if the
<br /> Buyer fails to t:�ay a.ny of sa�a monthly installmer�ts, or any �a.rt thereof, for a period of
<br /> thirty �j0) da�,�s or fails to keep ancy �erforrn any of the other terms and conditions of this
<br /> agreem?nt on hie part to be kept and performed, a� herJin provided for, time being of the
<br /> es�ence or thi.� contract, tnen a.nd in such ca.se the Seller, at its opt3.on, may c�ncel this
<br /> contra.ct, �nn �ntithaut notiee, and in the event of the exercise of such option by the .�'irst
<br />_ ��arty, �ny pa�,�ments made in accordance with tnis contract sriall r;e considered as rent for_
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