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owned by the Buyer to the East of the premises being sold herewith, it is speci,
<br />fically agreed and covenanted that any alteration of said stairway, which is pre-
<br />sently the only access to the second floor of these premises, made by the Buyer
<br />will in no way lapse,, impair, abrogate, diminish, or in any way affect said ease-
<br />ment,- and that said easement shall continue and exist without regard to physical
<br />change thereof, and that in event the Buyer should convey the premises on which
<br />said easement is located to third persons, he shall do so specifically reserving
<br />all rights of easement now in existence which run with the premises being sold
<br />under this contract. Any alterations, revision, repair or improvement of said
<br />stairway, now the only access to the second floor of the premises sold herewith,
<br />may be made only under the following conditions:
<br />A. First, in event the Buyer desires to alter, improve or
<br />physically change said Easement Stairway during the first
<br />six years of the term of this contract, the Buyer shall give
<br />written notice to the Seller, at least thirty days in ad-
<br />vance of the time such alteration, repairs, etc., are to be
<br />commenced, that said easement shall be altered, repaired,
<br />etc., and shall simultaneously, with said notice place with
<br />the Escrow Agent, a $1,000.00 cash bond. It is specifically
<br />agreed and covenanted to by the parties hereto that unless
<br />said cash bond is placed with the Escrow Agent, no altera-
<br />tion of any type shall be commenced upon said Easement
<br />Stairway, during the first six years of this contract. It
<br />is, also, agreed and covenanted by the parties hereto that
<br />in event the Buyer shall, after availing himself of the
<br />provisions hereinbefore provided for, with regard to alter-
<br />ation of the Easement Stairway, and shall thereafter default
<br />upon this contract, the Seller, in event she decides to re-
<br />take possession of the premises, shall receive the $1,000.00
<br />cash bond placed with the Escrow Agent so that she may apply
<br />the same for reconstruction of said stairway in its original
<br />form, as it now exists, and that the Buyer, in event these
<br />conditions shall have taken place, shall in no way impair
<br />or impede the Sellerts access for the purpose of reconstruc-
<br />tion of said stairway. If the Buyer defaults, and the Seller
<br />retakes possession of these premises, and receives the
<br />$1,000.00 cash bond from the Escrow Agent for the purpose
<br />of reconstructing the Easement Stairway, and such reconstruc-
<br />tion does not actually cost $1,000.00, the difference between
<br />actual cost of construction and the $1,000.00 shall be re-
<br />imbursed to the Buyer; however, in event the actual cost of
<br />construction shall exceed $1,000.00, the excess over $1,000.00
<br />shall be paid forthwith by the Buyer to the Seller.
<br />B. In event the Buyer has availed himself of the provisions
<br />set out in Paragraph 12A above, having given notice, posted
<br />the $1,000.00 bond provided for therein, and made alterations
<br />pursuant thereto, during the first six years of this Install-
<br />ment Purchase Agreement and Contract, but is not in default,
<br />either in payments or any other covenants herein contained,
<br />the Buyer shall be entitled to have his $1,000.00 cash bond
<br />returned to him, such return not to be made prior to the 6th
<br />anniversary of this contract, and only upon the conditions
<br />set out herewith.
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