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200212310
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Last modified
10/15/2011 9:39:44 AM
Creation date
10/22/2005 10:32:30 PM
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DEEDS
Inst Number
200212310
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200212310 <br />C. The Lessee may exercise this option at any time within fifteen (15) years <br />after the date the Lessee takes possession, but only if the Lessee is not in default under the <br />terms of this Lease Agreement. No part of the option price or monthly payments will be <br />refunded if the Lessee fails to exercise the option to purchase. <br />D. The Lessee shall receive a further credit against the purchase price for all <br />principal amounts paid under the amortization schedule attached hereto as Exhibit A. <br />E. At the time of purchase, when the purchase price is paid in full, the Lessor <br />shall deliver to the Lessee a warranty deed with title free and clear of all liens and <br />encumbrances. In all other respects, prevailing terms of a residential purchase agreement <br />shall apply, with the parties bearing expenses in accordance with local custom. <br />21. INDEBTEDNESS. The real property is currently subject to a first deed of trust <br />in favor of Wells Fargo Home Mortgage, Inc. The Lessor agrees to make all monthly <br />payments upon the note secured by said deed of trust, and will fully satisfy said note and <br />deed of trust at or p rior to the time that the deed to the Lessee is delivered to the Lessee as a <br />buyer under the terms of the option to purchase described hereinabove. The Lessor <br />covenants and warrants that it will make all scheduled payments upon the note to Wells <br />Fargo Home Mortgage, Inc.; the amount due upon the note to Wells Fargo Home Mortgage, <br />I <br />i purchase Inc. is less than the amount of the option pu ase rice set forth hereinabove⢠and that the <br />p c o <br />Lessor shall, from time to time, make payments to Wells Fargo Home Mortgage, Inc., as <br />and when necessary, so that the amount owed by the Lessor to Wells Fargo Home <br />Mortgage, Inc. is always less than the option purchase price set forth above. <br />22. SECURITY FOR PAYMENT OF INDEBTEDNESS. The Lessor agrees that as <br />additional assurance and security for the Lessor's promise to service the Wells Fargo Home <br />Mortgage, Inc. debt, the Lessor will establish an escrow account with the instructions that <br />all payments by the Lessee shall be paid into that escrow account, and the monthly payment <br />owed by the Lessor to Wells Fargo shall be paid by the Escrow Agent as and when due out <br />of said account. The Lessor shall provide the Lessee with a copy of the amortization <br />schedule on said debt, and give the Lessee written authorization to confirm the payoff <br />balance on said debt at any time. The Lessor also agrees to obtain, at or prior to time of <br />closing, the personal guaranty of Wendell Fairbanks and Sarah Fairbanks that they will <br />assure and guaranty the Lessor's performance of the terms of this Agreement, and the <br />execution of the said Wendell Fairbanks and Sarah Fairbanks of a copy of this Agreement <br />shall constitute such Guaranty. <br />23. TITLE INSURANCE. The parties agree to obtain title insurance for this <br />transaction and to share the cost thereof equally between them. <br />24. BINDING EFFECT. The covenants and conditions herein contained shall <br />HELMANN & SULLIVAN, P.C. <br />ATTORNEYS AT LAW <br />747 N. BURLINGTON AVENUE <br />SUITE 305 <br />HASTINGS, NE 5B901 <br />
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