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84004096
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84004096
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Last modified
11/20/2008 6:55:25 PM
Creation date
11/20/2008 6:55:25 PM
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DEEDS
Inst Number
84004096
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<br />I <br /> <br />84-- .,,- <br /> <br /> <br />r <br /> <br />event of such advanae, all such monies shall draw interest at the rat~e of <br />14% per annum until p<1id. Se1ler agrees that in the event ofloss,proce~ds <br />to be divided between Buyer and Seller as their respective int~restsCappear. <br />Thi,s p<1ragraph shall act as an assignment of same uponpresel1tation to~an <br />ins-uror of - sai.d- premises. <br /> <br />5. possession. It is agreed that Buger <br />the real esta~e 011 September 1, 1980, the date of closing,/:wd <br />entitled to retain possession so long as he' complies with the' <br />Agreement. <br /> <br />6, Waranty Deed - Escrow. Seller and Buyer agrwthirtFidel:itg, <br />Title Company of Lincoln shall serve as Escrow Agent under' thisAgree~nt; <br />upon the following cerms and conditions: <br /> <br />a. Seller and Buyer agree that the cost of the Escrow <br />Agent shall be borne equaJly bet-Neen the p<1rties hereto" <br /> <br />b. Seller agrees to execute a Warranty Deedconveging <br />their interest in and to the above-described real estate:co-the <br />Buyer, free of all liens and encumb.rances -' except - easements <br />and restrictions of record, if any" and to . ~liver said Deed to <br />the Escrow Agent and to direct said Escra.' ,:lent to deliver <br />said Warranty Deed to Buyer upor. ,erformance of the terms or <br />chis Agreement by the Buyer. <br /> <br />c. Seller agrees that the escrow Agent shall deliver the <br />Warranty Deed to the Buyer at such time as the outstanding <br />balance due hereunder has been paid in full by the Buyer to <br />the Seller, and Seller so notified the Escrow Agent. <br /> <br />d. Seller and Buger agree that all State Documentary <br />Stamps assessed in connection with the filing of tile Deed shall <br />be paid by Seller and flling fees for re<lOrding of the deed will <br />i~ paid for by Euyer~ Buyer will be given credit for the <br />document3.ry stamps at tl':l! rime of clusing... <br /> <br />€. Buyer agrees to execute an place in esCIOw-d -Quit <br />Cla.im Deed to Seller of Buyer's interest in said property with <br />instructions to the E;scrow that said Deed ,is to be delivered to <br />the Seller upon default of Buyer as provided in Section 8 <br />herein. <br /> <br /> <br />S_ller's Remedies on Buyer's L~fault. In the event Buyer <br />shall default und,... the terms and conditions of this Agreement, the Seller <br />shall have the following rezoodies: <br /> <br />L <br /> <br />a. Defaul t as used in t he Agreement shall mean the <br />breach by the Buyer of any of the terms, covenants and con- <br />ditions of the Agreement imposed upon it. Default shall not <br />occur unt~il thirty (30) days have expired from tile date upon <br />which the Buyer should have performed and then in that event <br />tlle Seller shall give the Buyer w~rittel) notice of such default <br />a.nd if the same shall not have been remedied within thirty <br />(30) days after the dace of such written notice, then the <br />Selle.l~ mayI' at its options declare all amounts due and owing <br />by virtue of this Agreement, together wi th any advancements <br />_de by the seller hereunder immediately due and p<1yable. In <br />that event the Seller or its SU-C<..-""€Bsor in inte-r-est .may proceed <br />to foreclose the Buyer o[ all ot- its right, title and intere-st <br />in a,nd to th~ above-d~~scribed redl estate or at its option, <br />elect to request specific ~~rformance or exercise any other <br />r~y at la... or equity which may be applicable to this ,~gr"""'ellt, <br />Upon default, the Seller~ shall be entitled to re-enter and take <br />posse$Sion of the .pH,mise... In tlle event of defaul t, tlle Buyel.~ <br />speeiEically iilgrees to pay ..1.1 reasonable attorney's fees <'I,d <br />costs ...hieh !Oily hav8 beeIlirn;'urred by the Seller occasioned by <br />the de.fa.u_l. t of the Buyer of the terms I covenants ~lld condi t ions <br />of this Agree~nt impoSed upon it. <br />
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