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<br /> l��l� �� ���� l�l �� �.J � ��`V ��� '�.J
<br /> 21917—The Augustine Co., County Buppliea, Grand Island, Nebr.
<br /> ' T CT
<br /> CONDITIGI�AL SALES CON RA
<br /> Th�.s contract m�,de and. enterec? into this 5th day of 5eptember, 194�, by and between
<br /> F, D. i7reisba.ch and R.A. Dreisbach, hPreinafter known �zs parties of tne fir��t pa.rt, and �eo M.
<br /> Kunz and Hester S.Kunz, herein�.ft�r kno?�rn as p�rtiea of the sec�nd part as follows�
<br /> The pa.rties of the first part her. eby sell to the parties of the second p�.rt the follota-
<br /> ing de�cribed property, sub,ject to the conditions hereinaPter set out, to-tait�
<br /> The �outh mT�To �2� Acres of the south��rest Q,uartP .r � ���4� , southTaest Qua.rter of the
<br /> Nortr?aest Quarter � SW4-NW�) of �ection TT�renty-Two �22) , in �ownship Eleven �11) ,
<br /> . rlorth,Range Nine � 9� , west c�f the Sixth P.M. , excet�tin� that p�.rt thereof taken
<br /> by the �ity of Gr�.nc� Island �ebr ska, as ghown by �rd.inance No. 1302 condemf�ing
<br /> praperty recorded in Book "�'" at ��.ge 57�} of Miscellaneous Records of Hall �dunty,
<br /> Nebr�.ska, and. sub,ject to one-half of the �ounty Road along the ?aest end thereof;
<br /> the business known as ��DreiSba.ch� s�� along ���ith the furniture, fixtures, stock on hand as �
<br /> of this c�a.te, the good wi11 of the business and the right to use the name '�Dreisbach' s'�
<br /> in connection ?aith s�id. bu�iness only.
<br />' The consi�leration shall bP trie sum of Ten Thousan� � v�10, 000.00� Dollars paya.ble as
<br /> follo?as� �$5, 000.00 sha.11 be paid- upon the signin� oP tr.is agreement, receipt ?�rhereof is
<br /> � hereby acknowledged,, the bal.ance of �5, Q00. 00 shall be nay�ble at the rate of �100.00 per
<br /> month beginning �ctobPr 1, 19�+4 and �100.00 Pach arid every month thereaftPr until thP full
<br /> amount a.long j,�aith interest at the rate of 5� is pa.id in full. Unpaid ba.lances computed
<br /> quarterly shall draL•r interest at thP r�.te of 5� anc� second ��a,rti?s shall p�y s�.id interest
<br /> quarterl,y in add�tion to the pa.yment of �IQQ.00 per month. Second ��arties ha.ve the privilege
<br /> of raying �11 or any part of the rPmaining b�la.nce due at any time.
<br /> Fi_rst ��arties a�ree to furrish an abstract of tit?P shotaing mercha_ntable title at this
<br /> _ time to be in �'erdinand. D. Dreisbach, ��,rith all t�_xes including 1943 p�id; to execute �.
<br /> deec� at t�i� time, r�ann�ng to second parties or the�r survi��or a:�d te hold the same along
<br /> s��itn th� abstract �a.ntil the fLil� ��.mount of this contraet is paid. second parties agree
<br /> to pay al1 taxes beginnin� with those due for tr�e yea,r 194�, �ahen tr�e sa.me become due,
<br /> to keep the prPmi�es insured ag�inst fire and extended coverage, in at least the amount
<br /> of �5, 000.00, nolicy to be held_ by first parties.
<br /> The name ��Dreisbach� s° may be used by second. p�rties to describe the business, said
<br /> narne to be used in t�P 9��.me m�.nner. as it has been previously used b�zt the right to use '
<br /> the nam? sh�ll be limited to thP premises herein described. '�he second parties shall make
<br /> known t?�e fact tha.t they are the proprietors a.nd that neither of fir�t parties are in any
<br /> taay connected Taith the Y�usines� nor responsi�-�le for tre ind_ebtedness thereof. In the
<br /> event second p�,rties permit thp standa.rd of food flr�d service in s�id. establicnment to be
<br /> lowered, fi,�5t partiPS h�.ve the ri�ht to raithdrat� the use of the name r�Dreisbach� �" and the
<br /> question of T�hether the present standard of food and �ervice and ger�eral reput�°tion: of the
<br /> rusiness is being ma.,intair�ed at its present level sh�_li be solely for the determination oP
<br /> the firat parties.
<br /> second. partiPS a�reP to at all times mainta,in the premises in �s good condition as they
<br /> noT� a.rP, reasonable T�JP.,c'�-T' and tear PXCP.T)tPd.� to keep the interior and_ exterior properly
<br /> t�ainted a.nc� decora.ted, to keep the Uremises surr. ounding the build.ings �lean and to main-
<br /> tain the la_1an. In the event second pa.rties desi .re to remodel any portion of the premises
<br /> durin� thP term of this �.greement, ��ariti,en c�on5ent shall be obtained from first parties.
<br /> In the event secor.d parties sha11 fa.il to make the payments herein set out for a period �
<br /> oP three months or in other ?ti�ords, if the payments �h�ll a.t any time be in arrears a total
<br /> of three months, or. in the event the taxPS are not p�ic� ���hen they are due or tha.t the in-
<br /> surar�ce 1JX'PI?1�.UFt'1B are not pa.id as they become d�ze anc� the ��olicy is delivered to the first
<br /> partie�, or in the sver�t the »remises are not ma,intained in as good condition as they no?�r
<br /> I are rea�cna.b_le T,re�r and tear exce��ted, or in the event the second pa.rties shall be in
<br /> , ..
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<br /> c� v ., P f an oF the covenants herPin containen then
<br /> n or ob,�. r. �.nc o ,
<br /> . trie Prforma ce y
<br /> default of n
<br /> the ��hole cr princip<�,l sum �aith accrued interest thereon sh�ll at thP election of the
<br /> first parties, become immec�ia.tely due �nd payable and the firot parties shall have the
<br /> � ri�ht to termina.te this �greement by giving to the second partie^, ten days ?aritten
<br /> notice of such termin�tion, time being of the essence of thi� ��grPemen� and upon such
<br /> written notice of termination, seconc�. p�rties a�ree to d.eliver possession of the premises
<br /> t,aith a11 eouipment there9.n contained., to first parties; in the event of such termination,
<br /> any r�ayments a .re to be retained by the first parties �s liquidated damage by the breach
<br /> of this a.gr. eement by the second p�rtiPs and. the first parties sh�11 have the right to
<br /> reenter �nd ta.ke possession of s�id pr. Pmises �,aith the buildin�s and improvements then
<br /> - thereon, �nd all the fixtures therPin contained, it being agreed that until such defa.ult
<br />' the second ��rties sh�.11 h�ve possPssion of the said bremise�. '
<br /> The firat pa.rtieg sha11 h�ve the ri�ht to determine the insura.nce companies in ?ahich
<br /> the cover�be herein mentioned �h�11 be carried, no assignment of this agreemPnt in any
<br /> m�.nner by second paxties shall be permitted �aith�ut the -�lritten consent of first parties,
<br /> the first 1»rtiPS m�.y sell and assi�n or other?�rise dispose of their interest in sa.id
<br /> contract.
<br /> �o ille�al enternrise sh�.11 be. ca.rriec�. on on s�.id r�remises di�ring the term of this
<br /> contract, no�► shall any g�mes of chance of any character be pPrmitted to oper�te on the
<br /> premises. First parties sha.11 h<�ve the ri�ht to inspect the premises a� a.rly re�sonable
<br /> time.
<br /> Posses5ion of the ��ropPrt,y and. premises herein describPd sha11 be delivered b�l first
<br /> . partiPS to seconc�. parties u�on exec�ation of_ this agrePment. Attached hereto and made a
<br /> part hereof i� a Pull an�. complPte list of the persora,l pro��Arty included in the cer.ditional
<br />� �ale herPin de5cribPd. �
<br />� �t 18 fully understood by �nd. betzaeen the parties hereto that this is a conditional
<br /> sa.lPs contract, tha.t no titl� passE;s until the fu11 arncunt of tnis contract is paid and
<br /> that title to all property her. ein dPSCribed.remainG in first parties until the terms of
<br />, thi� con��ract are fully comp�ied �aith.
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<br /> vP t f' t e
<br /> ,. �r .n the a.rt�es hereto tha.t in the e �n o
<br /> �t i.� ftzrther undPrstood by and bet ee p
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