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r <br /> <br />4. Time is of the essence of the Contract. Buyers <br />agree that if they fail to pay any taxes or assessments or insur- <br />ance premiums, as provided, Sellers may pay such taxes, assessments <br />of premiums, and the amount so paid shall be due and payable immed- <br />iately by Buyers to yellers without notice of demand, and shall <br />become a part of the principal balance of the Contract. <br />5. If Buyer fails to pay any amount due under the <br />terms of the Contract, or if Buyer fails to perform any of the <br />other terms, covenants, or agreements to the contract, or if <br />Buyer shall abandon the sale property, the whole of the indebted- <br />ness due under the Contract, together with any advances made by <br />Seller, shall become immediately due and payable at the option <br />of the Sellers without notice or demand, and Sellers may proceed <br />to foreclose the contract in the manner provided by law. <br />6. Failure of the Sellers to exercise any optional <br />remedy hereby specified at the time of any default shall not <br />operate as a waiver of the right of Sellers to exercise such <br />.~..~ ~.-...-1 ._.. _.._ __.._ .. <br />optional remedy for the same or a~iy su-z55C:~-c-~.=-~~-A~.~== <br />time thereafter. <br />7. Buyers have the right to prepay the entire amount of <br />the Contract at any time during the. term of the Contract, wi*_h <br />no prepayment penalty being assessed against them. <br />8. Buyer specifically will not permit waste on the <br />premises, and keep the premises in good repair, reasonable <br />wear and tear accepted. 3uyer shall not be entitled to make <br />any repairs or alterations on the premises which might result <br />in a lien against the premises in excess of 51,600, without <br />first obtaining the ~rritten consent of the Sellers. This pro- <br />vision does nvt consitute uermission to make any such repairs <br />or improvements not in excess of the foregoing amount. This <br />does not constitute, nor is there any restriction against Buyer's <br />obtaining subsequent martgages to this Agreement, subordinate to <br />the inter=sts of Sellers. <br />9. It is agreed between the parties to the Contract <br />that no person shall giver be entitled to any liens, directly <br />or indirectly deriving through or under the Buyers, or through <br />any act or omission of them superior to that in the Land Sale <br />Contract reserved to Sellers upon the land or the improvements <br />thereon. All persons £urnishiny any such labor or materials, <br />as well as any other persons whomsoever, shall be bound by the <br />arovisions of the Contract, and by notice thereof, from and <br />after the date of the filing of the Memorandum. <br />10. The Can tract shall not ne assigned by Buyers without <br />written permission of the Sellers, which permission shall not be <br />unreasonably withheld. <br />I1. The Warranty Deed from Sellers to Buyers has been <br />executed and is escrowed under the terms of the Escrow Agreement <br />provided for in the Land Sale Contract, and is to be delivered to <br />Buyers upon completion of the terms and conditions provided for <br />in the Contract. <br />12. The ~te;norandum of Land Sale Contract is subject to <br />terms, conditions and restrictions contained in the Land Sale Con- <br />tract between Sellers and Buyers of even date herewith. Any <br />conflict between provisions of this Memorandum and the Land Sale <br />Contract itself are inadvertent, and in the event of a conflict <br />the provisions of the Land Sale Contract shall prevail. <br />Idd ',dIT'~ESS 6dHE?2EOF , *_he parties have executed this <br />;r-3morandum this __.3rd day of ___JUI~_____._~____~ 1481. <br />A. ~d. RECRLuR <br />.._, , <br />.T t3%SiTts K. Bf~:.KI,Efi2 <br />'~~ E?sLt~; I~ <br />..fir <br />