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<br />9. Sl1YER TAKES REAL ESTATE "AS IS". Buyer acknowledges buyer has fu by
<br />inspected the real estate and all improvements thereon and agrees to pLrCfla~e
<br />the real estate "as is". It is specifically understood seller has made no
<br />'warranties or representations pertaining to or regarding the real estate, the
<br />condition thereof, or the improvements thereon,
<br />10. RISK OF LOSS. Risk of loss for damage to the real estate and the
<br />improvements rests on seller to the date of possession, and thereafter,
<br />on buyer.
<br />11. TIF1E OF THE ESSENCE. Time is of the essence of this Contract.
<br />12. BUYER CONTRACTING AS TENANTS IN COMMON. James D. Riley and Daniel E.
<br />Riley "buyer" herein, are contracting as tenants in common and not a5 joint
<br />tenants in their execution and delivery of this Contract.
<br />13. REMEDIES OF SELLER UPON DEFAULT BY BUYER. If buyer defaults in the
<br />performance of this Contract, seller, after 90 days' notice in writing to
<br />buyer, may elect to declare the whole of the indebtedness due under this
<br />Contract from buyer immediately due and payable and enforce the contract
<br />by any of the following remedies: Foreclose the Contract as a real estate
<br />mortgage, or enforce any other remedy afforded by law against buyer. If
<br />buyer does not remedy the default within 90 days after notice in writing is
<br />given to buyer by seller of default in the performance of this Contract by boyar,
<br />buyer agrees to surrender possession of the real estate to seller and to leave
<br />the real estate in as good condition as when buyer took possession, reasonable
<br />wear and tear excepted.
<br />14. REPAIRS. Upon taking possession, buyer agrees, at buyer's cost and
<br />expense, to keep the real estate, including the improvements thereon, in
<br />reasonably good condition and repair until buyer has fully performed this
<br />Contract, including all necessary replacements, and to keep and maintain the
<br />real estate and improvements in a condition of repair at least equal to the
<br />condition of the real estate and improvements at the time buyer takes possession.
<br />15. WARRANTY DEED; ESCROW AGENT; AND ESCROW PROVISIONS. At the time of sign-
<br />ing this Contract, seller has executed a Warranty Deed of conveyance of the
<br />real estate, conveying the real estate to buyer as tenants in common and
<br />not as joint tenants. The Warranty Deed, together with a fully executed copy
<br />of this Contract, and the Abstract of Title to the real estate, shall be
<br />forthwith deposited in escrow with Bank of Wood River, of Wood River, Nebraska,
<br />designated herein as "Escrow Agent". The Warranty Deed, executed copy of the
<br />Contract, and Abstract of Title are delivered to the Escrow Agent upon the
<br />following instructions and conditions:
<br />a.. Upon full performance of the Contract by buyer, the Escrow Agent
<br />shall surrender and deliver the Warranty Deed, executed copy of the
<br />Contract, and Abstract of Title to the buyer,
<br />b, At the time of delivery of the Warranty Deed by the Escrow Agent to
<br />buyer, the Escrow Agent shalt pay such Nebraska Documentary Stamp Tax or
<br />other tax as may be imposed upon the conveyance or transfer of the real
<br />estate from seller to buyer, the amount of such tax to be deducted by
<br />Escrow Agent out of the last installment payment made by buyer to the
<br />Escrow Agent under the terms of this contract.
<br />c. [f buyer defaults in the perfo rnrance of this Contract, upon proof
<br />submitted to Escrow Agent by seller that seller has given 90 days' notice
<br />in writing to buyer of seller's election to declare the whole of the
<br />indebtedness due and payable under this Contract from the buyer immediately
<br />due and payable, Escrow Agent shall, forthwith, surrender and deliver the
<br />Warranty Deed, executed copy of this Contract, and Abstract of Title
<br />to seller.
<br />d. Seller and buyer shall share and pay equally the escrow fees charged
<br />by the Escrow Agent for acting as escrow agent under this Contract.
<br />lE, CONTRACT INCLUDES ALL AGREEMENTS OF PARTIES. All understandings and
<br />agreements between seller and buyer, whether oral or written, are merged in
<br />this Contract, This Contract alone fu11y and completely expresses the
<br />agreement of the parties, Neither seller nor buyer rely upon any statement
<br />or representation made by the other not contained in this Can tract,
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