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g3..,_,t1~i580 <br />provided heretofore in this Contract, shall be made by the Buyer <br />to the Commercial National Bank and Trust Company, Grand Island, <br />Nebraska, the F,scrow Agent, and proper credit shall be given on <br />the purcha:~e pri^e. Upon the payment of the balance due on the <br />purchase price as hereinabove provided,~and of any advances made <br />by Seller as hereinabove provided, said Escrow Agent, the Commercial <br />National Bank and Trust Company, Grand Island, Nebraska, shall <br />provide sufficient monies to purchase the required Documentary <br />Stamp to be affixed to the Warranty Deed, and said Warranty Deed <br />with said Documentary Stamp thereto affixed and the Abstract of <br />Title shall be delivez°ed to the Buyer. The charge of the Escrow <br />Agent, if any, shall be paid equally by the Buyer and the Seller. <br />If the Seller exercises Seller's option to declare the whole of <br />the indebtedness due under this Contract, together with any <br />advances made by Seller as hereinabove provided, to become and be <br />immediately due and payable by reason of Buyer's failure to pay <br />any amount due under the terms of this Contract, ox~ if Buyer shall <br />abandon the Real Estate, Seller shall, within thirty (30) days <br />after making such exercise of Seller's option, notify said Escrow <br />Agent, the Commercial National Bank and Trust Company, Grand <br />Island, Nebraska, and the Buyer, in writing of Seller's exercise <br />of said option, and said Escrow Agent, the Commercial National <br />Bank and Trust Company, Grand Island, Nebraska, with the consent <br />of the Buyer, shall thereupon immediately deliver to Seller the <br />AbsY,racts of Title and the Warranty Deed hereinabove referred <br />to, and the Buyer shall return to Seller the Buyer's Contract <br />for Conditional Sale of Real Estate. If Buyer refuses to consent <br />to such delivery of these documents and the Buyer"s Contract for <br />Conditional Sale of Real Estate, then the Seller shall proceed to <br />foreclose this Contract for Conditional Sale of Real Estate in <br />the manner provided for by law. <br />2. Duties of the Escrow A~ent_Upon_Default of Buffer. Upon <br />satisfactory proof'~cf Buyer's cie~fault in performing Buyer's duties <br />and obligations as oravided in this Contract, and in accordance <br />with the provisions of Paragraph (1) above, in ±:his Paragz°aph VII, <br />said Escrow Agent, t;hc Commercial. National Nanic and Trust Comp<zny, <br />Grand Island, Nebraska, shall delivez• to we11~r all ~f the documents <br />above provided to be I7eld by the Escrow Agent rind ariy further duties <br />t~poi~ t??~ part iaf the E~wi--law _"n~~nt aha~l th`c°r°~iip4n be t~rmisi~.ted; ani'~ <br />the Luye-r will likewise deliver +vo rr,e culler +~-?.e Buyer's Cont;•act <br />for Conditional Sale of Real Estate, it being understood that <br />nothing herein contained will waive the provision that upon Buyer's <br />default in performing Buyer's duties and obligations as provided <br />in this Contract that the Seller shall vroceed to foreclose this <br />Contract for Conditional Sale of Real Estate in the manner provided <br />for by law. <br />VIII. <br />Sh~LLER AND HUYh:R CON`PRAC`i'ING <br />AS BUYER I3}::IPdG 'I'HE :i(1LE OWNER <br />AS PROVIDED 3iF.REIN <br />l.. Seller. It is understood and agreed that Alfred I9eyer <br />and Evangeline i~eyer, hold title to said Real Estate as joint tenants <br />with right of survivorship, and not as tenants in common, and that <br />they are contracting as joint tenants with right of survivorship, <br />and. not as tenants in conunon, and as husband and wife; and that in <br />the event of the death of either one of the parties during the term <br />of thip said Contract, then the ownership of such said Contract <br />shall be vested in the surviving party. <br />2. B__u~er. It is expressly understood and agreed tixat the said <br />Caletta Oakley is acquiring title to said Real Estate in her own <br />Warne and right. <br />