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<br />4. Taxes. All real estate taxes ir_,r 1479 and prior years, shall be paid by
<br />the Seller. All subsequent taxes shall be paid by the Buyer and upon requwst of
<br />the Seller, Buyer shall furnish to Seller copies of tax receipts showing payment
<br />the reef ,
<br />5. Title. Seller agrees that he shall, at hi, own cost <,nd expense, at time
<br />of final payment under this agreement, deliver t~, the ETuyer an abstract of title to
<br />real property described herein showtng marketabit-- title to said property to be in
<br />the Seller on the date hereof, subject only tc ..ovenant s, cx>nditions, restrictions,
<br />reservations. easements of record, and unpaid taxes, and encumbrances which are
<br />required to be paid by Buyer under the terms of tht, contract.
<br />6. Deed and Bill of Sale. .i he Setter agrees to convey the rea( property being
<br />soltl hereunder by ~+arranty vend ic= ibr iiuyer iPr~- a.-.t, ..><„r „ ., ,.3 and «z„^;bra.^.cAs,
<br />except unpaid taxes and ehe encumbrantE which t3uyer Etas undertaken to pay as above
<br />set forth, subject to covenants, conditions, restrictions, reservations and easements
<br />of record and to convey the personal property by Bill of Sale warranting the title.
<br />Buyer agrees that the deed and bell of safe as oat to be delivered until the total pur-
<br />chase price with interest is paid =.n full.
<br />7, Representations. The parties further agree that the real property described
<br />herein is expressly sold without the requirement of a surrey and tFe descriptions
<br />thereof and the deed is not warrant ed as to any fact which an accurate survey might
<br />reveal and the Buyer hereby assumes responsibility for such survey and hereby ac-
<br />kncwiedges the notice of any such fact whtch an accurate survey might reveal. Buyer
<br />further agrees that he accepts the personal property being sold hereunder "as is"
<br />and that neither Seller nor any persori an Seller's behalf has made any representa-
<br />tions ar warranties touching the character a: d sttuatior: thereof .
<br />8, Prior p^reements Terminated. Selig-r and }3uyer -t,puiate and agree that
<br />any and ail prior agreements either ,r, wrrttn~+, or by oral a~+rrc~ment pertaining to
<br />the sale and purchase of the real a:,d personal pc;rperty Subl,•ct :>I thts Instailmer,t
<br />Purchase Agreement, are herebyde•Liaredr,ul~ ,nd ~-.old, and that this agreement con-
<br />stitutes the enttre agreement between ;re parties.
<br />9. Escrow, The parties hereto hereby designate I'1?E SI'aTE SAS+K t~F ~',l1lt(~,
<br />Gaira, Nebraska, as Escrow Agent.
<br />The Escrow Agent shall acknowledge receipt of the Warranty Deed, abstract of
<br />title, and a copy of this agreement ~s the same are received. Said documents shall
<br />be held by the Escrow Agent and shall be delivered to the Buyer at such time as the •
<br />Buyer shall have paid the enttre purchase puce and shall have delivered to the Escrow
<br />Agent a good and sufficient release signed by the Seiiez or his agent or legal repre-
<br />sentative, releasing said docutents and stating that this agreement is fully paid.
<br />At such time as the 4~arranty Deed is delivered to the Buyer, the Seller shall
<br />affix ihereta, at the Seller's owr. expense, sufficient documentary stamp fax and if
<br />such is oat affixed by the Salter, the Buyer shall cause such documentary stamp tax
<br />to be paid and shall deduct the cost thereof from the amount due Seller under this
<br />Agreement.
<br />The Estrnw Agent shat! be obligated to exercise. goad faith and reasonable tare
<br />and diligence in the performance of its duties under the terms of this Agreement. Seller
<br />and Buyer, jointly and severally promise to gay promptly and to indemnify and hold
<br />harmless the Escrow Agent from and against all costs, damages, attorneys fees,
<br />expenses ar liabilities which the Escrow Agent may incur or sustain in connection
<br />with its obligations hereunder or in connection with any court action azising out of
<br />this Agreement, provided, however, that such costs, damages, attorneys fees, ex-
<br />penses and liabilities are not caused by the failure of the Escrow Agent to exercise
<br />good faith and reasonable care and diligencern the performance of its duties, in which
<br />event no obligatian shall be imposed an the Seller and Auyer.
<br />10. Default. Time is of the esse--nee of this agreement,
<br />The, parties hereto afire*_> ihattn. the evk>nt that the Buyer refuses or fails to pay.
<br />any taxes as• provided in this agreement, the `feller may pay but shall not be obligated
<br />said taxes and tteE amounts sa paid shall tx due= and payable by the Buyer to the Seller
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