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PROVIDED, that at any time before final payment has been made, <br />upon the request of said first party, said party of the second <br />part shall execute to the said party of the first part, notes <br />for the unpaid balance of the purchase money, secured by a first <br />mortgage on said premises upon delivery of a deed conveying title <br />to said premises to it. <br />In case the said party of the second part shall refuse, neglect <br />or fail to pay said purchase money and interest as above stated and <br />agreed, it shall forfeit any and all rights in and to said real <br />estate acquired under and by virtue of this agreement, and shall <br />henceforth be deemed mere tenants at will under the said party of <br />the first part and be liable to be proceeded against under the pro- <br />visions of an act regulating proceedings in cases of forcible entry <br />and detainer, and the acts amending the same. And any payments that <br />shall have been made, shall become forfeited to the party of the <br />first part, as stipulated damages for the non - performance of this <br />contract. <br />Said party of the second part shall be entitled to the possess- <br />ion of said land so long as the conditions of this agreement shall <br />remain unbroken by it; but upon failure to comply with the same, <br />said right of possession shall terminate and said party of the first <br />part shall be entitled to the immediate possession of said land and <br />the improvements thereon. <br />No assignment of this contract shall be valid without the con- <br />sent of the party of the first part endorsed thereon. <br />Said parties respectfully bind their successors and assigns, to <br />the faithful performance of the terms of this agreement. <br />IN WITNESS WHEREOF, the first party, or grantor, has hereunto <br />caused its corporate seal to be affixed and these presents signed by <br />its President, and the party of the second part, or grantee, has here- <br />unto caused its corporate seal to be affixed, and these presents signed <br />by its President, all at Hastings, Nebraska, on this 25th day of June, <br />1960. <br />