Laserfiche WebLink
The Seller further covenants and agrees that he will not default in the payment of his obligations against said property. <br />12. The Buyer agrees to pay the general taxes after tLe 'r„L" 106 ` "T'^ ?Q(" nnnn —fPl ta• -rho •¢n <br />13. The Buyer further agrees to keep all insurable buildings and improvements on said premises insured in a com- <br />pany acceptable to the Seller in the amount of not less than the unpaid balance on this contract, <br />and to assign said insurance to the Seller as his interests may'appear and to deliver the insurance policy to him. <br />14. In the event the Buyer shall default in the payment of any special or general taxes, assessments or insurance <br />premiums as herein provided, the Seller may, at his option, pay said taxes, assessments and insurance premiums or either <br />of them, and if Seller elects so to do, then the Buyer agrees to repay the Seller upon demand, all such sums so advanced <br />and paid by him, together with interest thereon from date of payment of said sums at the rate of % of one percent per <br />month until paid. <br />15. Buyer agrees that he will not commit or suffer to be committed any waste, spoil, or destruction in or upon <br />said premises, and that he will maintain said premises in good condition. <br />16. In the event of a failure to comply with the terms hereof by the Buyer, or upon failure of the Buyer to make <br />any payment or payments when the same shall become due, or within ^ days thereafter, the <br />Seller, at his option shall have the following alternative remedies: <br />A. Seller shall have the right, upon failure of the Buyer to remedy the default within five days after written notice, <br />to be released from all obligations in law and in equity to convey said property, and all payments which have <br />been made theretofore on this contract by the Buyer, shall be forfeited to the Seller as liquidated damages for <br />the non - performance of the contract, and the Buyer agrees that the Seller may at his option re -enter and take <br />possession of said premises without legal processes as in its first and former estate, together with all improve- <br />ments and additions made by the Buyer thereon, and the said additions and improvements shall remain with <br />the land and become the property of the Seller, the Buyer becoming at once a tenant at will of the Seller; or <br />B. The Seller may bring suit and recover judgement for all delinquent installments, including costs and attorneys <br />fees. (The use of this remedy on one or more occasions shall not prevent the Seller, at his option, from resorting <br />to one of the other remedies hereunder in the event of a subsequent default): or <br />C. The Seller shall have the right, at his option, and upon written notice to the Buyer, to declare the entire unpaid <br />balance hereunder at once due and payable, and may elect to treat this contract as a note and mortage, and pass <br />title to the Buyer subject thereto, and proceed immediately to foreclose the same in accordance with the laws of <br />the State of Utah, and have the property sold and the proceeds applied to the payment of the balance owing, <br />including costs and attorney's fees; and the Seller may have a judgement for any deficiency which may remain. <br />In the case of foreclosure, the Seller hereunder, upon the filing of a complaint, shall be immediately entitled to <br />the appointment of a receiver to take possession of said mortgaged property and collect the rents, issues and <br />profits therefrom and apply the same to the payment of the obligation hereunder, or hold the same pursuant <br />to order of the court; and the Seller, upon entry of judgment of foreclosure, shall be entitled to the possession <br />of the said premises during the period of redemption. <br />17. It is agreed that time is the essence of this agreement. <br />18. In the event there are any liens or encumbrances against said premises other than those herein provided for or <br />referred to, or in the event any liens or encumbrances other than herein provided for shall hereafter accrue against the <br />same by acts or neglect of the Seller, then the Buyer may, at his option, pay and discharge the same and receive credit <br />on the amount then remaining clue hereunder in the amount of any such payment or payments and thereafter the pay- <br />ments herein provided to be made, may, at the option of the Buyer, be suspended until such a time as such suspended <br />payments shall equal any sums advanced as aforesaid. <br />19. The Seller on receiving the payments herein reserved to be paid at the time and in the manner above mentioned <br />agrees to execute and deliver to the Buyer or assigns, a good and sufficient warranty deed conveying the title to the <br />above described premises free and clear of all encumbrances except as herein mentioned and except as may have accrued <br />by or through the acts or neglect of the Buyer, and to furnisl��gt t4blo€ tifli jj$yra� i oth� @}count <br />of the purchase price or at the option of the Seller, an abstract/bro`u'g`fii i� ia"fe a-E ime oT sale or ai any time'-during the <br />term of this agreement, or at time of delivery of deed, at the option of Buyer. <br />20. It is hereby expressly understood and agreed by the parties hereto that the Buyer accepts the said property <br />in its present condition and that there are no representations, covenants, or agreements between the parties hereto with <br />reference to said property except as herein specifically set forth or attached hereto T1�:.71g <br />21. The Buyer and Seller each agree that should they default in any of the covenants or agreements contained here- <br />in, that the defaulting party shall pay all costs and expenses, including a reasonable attorney's fee, which may arise <br />or accrue from enforcing this agreement, or in obtaining possession of the premises covered hereby, or in pursuing any <br />remedy provided hereunder or by the statutes of the State of Utah whether such remedy is pursued by filing a suit <br />or otherwise. <br />22. It is understood that the stipulations aforesaid are to apply to and bind the heirs, executors, administrators, suc- <br />cessors, and assigns of the respective parties hereto. <br />IN WITNESS WHEREOF, the said parties to this agreement have hereunto signed their names, the day and year <br />first above written. <br />Signed in the presence of <br />a <br />�C11 <br />CD <br />� m <br />N K <br />N m <br />o0 <br />p� <br />0 <br />_M <br />`,\ <br />fN <br />r• <br />n M <br />n1O'; <br />G' <br />; <br />q; <br />C <br />; <br />t <br />7 b <br />O CL M 7 <br />a <br />cC 10 <br />C <br />O <br />O <br />ZY <br />ro <br />n <br />(~D 11 <br />19 1 <br />y <br />Gd <br />to <br />Seller <br />Buyer <br />0 <br />O <br />B <br />M <br />M <br />CIArt <br />elD <br />Q <br />n <br />z <br />Ct <br />Q <br />Q <br />h <br />►fin; ro <br />" 'O N ao <br />5 m <br />'p- <br />�' w, <br />CL <br />ro� <br />CD <br />� <br />� <br />M <br />.^' <br />: W as <br />' 44 <br />0, 0, �. <br />.. <br />cC 10 <br />C <br />O <br />O <br />ZY <br />ro <br />n <br />(~D 11 <br />19 1 <br />y <br />Gd <br />to <br />Seller <br />Buyer <br />0 <br />O <br />B <br />M <br />M <br />CIArt <br />elD <br />Q <br />n <br />z <br />Ct <br />Q <br />