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be adopted |
time to time so that the amount received shall approximate the total sum required annually for taxes, |
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special assessments and insurance. This adjustment shall be made on demand of either of the parties |
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and any deficiencies shall be paid by Purchaser upon Seller's demand. |
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Acceptance of |
(g) That he has examined a title insurance commitment/policy dated |
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an abstract of title |
Title and |
certified to covering the land, and is satisfied with the marketability of title shown thereby. Delivery of |
Premises |
such commitment or an owner's title policy issued pursuant to such commitment, or an abstract, to |
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Purchaser shall constitute fulfillment of Seller's agreement to furnish title evidence herein contained. |
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(h) That he has examined the land and is satisfied with the physical condition of any structure thereon, |
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and hereby waives any and all claims on account of any encroachments on the land or any premises |
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adjacent thereto. |
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Mortgage |
3. Seller and Purchase Mutually Agree: |
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by Seller |
(a) That Seller may at any time encumber the land by mortgage or mortgages to secure not more than |
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the balance owing hereon at the time such mortgage or mortgages are executed, which mortgage or |
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mortgages shall provide for payments of principal and/or interest not in excess of nor sooner than those |
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provided for in this contract, and shall be a first lien upon the land superior to the right of Purchaser |
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therein; provided notice of the execution of such mortgage or mortgages containing the name and |
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address of the mortgagee or his agent, the amount of such mortgage or mortgages and the rate of |
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interest and maturity of the principal and interest shall be sent to Purchaser by certified mail promptly |
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after execution thereof. Purchaser shall, on demand of the Seller, execute any instruments that may be |
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required for the exercise of the foregoing power. If Purchaser shall refuse to execute any such |
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instruments demanded by Seller or to accept such certified mail, or such certified mail shall be returned |
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unclaimed, then Seller may post such notice in two conspicuous places on the land, and make affidavit |
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of such facts and of such posting, after which Purchaser's rights shall be subordinated to such mortgage |
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or mortgages as hereinbefore provided. The consent obtained, or subordination effected as herein |
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provided, under or by virtue of the foregoing power, shall extend to any and all renewals, extensions or |
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amendments of such mortgage or mortgages after Seller has given notice thereof to Purchaser in like |
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manner as is herein provided for giving notice of the execution of such mortgage or mortgages, except |
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as to amendment which would increase the mortgage amount to one in excess of that owing hereon, or |
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provide for a rate of interest in excess of that provided or a maturity date sooner than provided herein. |
Encumbrances |
(b) That if the title of Seller is evidenced by land contract or now or hereafter encumbered by mortgage, |
on Seller's |
Seller shall meet the payments of principal and interest thereon as they mature and produce evidence |
Title |
thereof to Purchaser on demand. On Seller's default Purchaser may pay the same, which payments |
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shall be credited on the sums matured or first maturing hereon with interest at |
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% per annum on |
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payments so made. If proceedings are commenced to recover possession of the land or to enforce the |
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payment of such contract or mortgage, because of Seller's default, Purchaser may at any time thereafter |
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while such proceedings are pending encumber the land by mortgage securing such sums as can be |
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obtained upon such terms as may be required and with the proceeds pay and discharge such mortgage |
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or purchase money lien, and any mortgage so given shall be a first lien upon the land superior to the |
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rights of Seller therein. Thereafter Purchaser shall pay the principal and interest on such mortgage so |
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given as they mature, which payments shall be credited on the sums matured or first maturing hereon. |
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When the amount owing hereon is reduced to that owing upon such contract or mortgage or upon any |
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mortgage executed under either of the powers contained in this contract, a conveyance shall be made in |
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the form above provided with a covenant by the grantee to assume and pay the same. |
Non-payment |
(c) That if default is made by Purchaser in the payment of any tax or special assessment or insurance |
of Taxes or |
premiums or in the delivery of insurance as above provided, Seller may pay such tax, special |
Insurance |
assessments or premiums or procure such insurance and pay the premiums therefore, and any amount |
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so paid shall be a further lien on the land payable by Purchaser to Seller forthwith with interest at |
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% per annum. This provision shall be effective only if Paragraph 2(e) applies. |
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Disposition |
(d) That during the existence of this contract, any proceeds received from a hazard insurance policy |
of Insurance |
covering the land shall first be used to repair the damage and restore the property, with the balance of |
Proceeds |
such proceeds, if any, being distributed to Seller and Purchaser, as their interests may appear. |
Assignment |
(e) That no assignment or conveyance by Purchaser shall create any liability whatsoever against Seller |
by Purchaser |
until a duplicate thereof duly witnessed and acknowledged, containing the residence address of the |
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assignee, shall be delivered either personally or by certified mail to Seller and receipt therefor obtained. |
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Purchaser's liability hereunder shall not be released or affected in any way by delivery of such |
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assignment, or by Seller's endorsement of receipt or acceptance thereon. |
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Possession |
(f) That Purchaser shall have the right to possession of the land from and after the date hereof, unless |
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otherwise herein provided, and be entitled to retain possession thereof only so long as there is no default |
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on his part in carrying out the terms and conditions hereof. If the land is vacant or unimproved, |
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Purchaser shall be deemed to be in constructive possession only, which possessory right shall cease |
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and terminate after service of a notice of forfeiture of this contract. Erection of signs by Purchaser on |
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vacant or unimproved property shall not constitute actual possession by him. |
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Right |
(g) That should Purchaser fail to perform this contract or any part thereof, Seller immediately after such |
to Forfeit |
default shall have the right to declare this contract forfeited and void, and retain whatever may have been |
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paid hereon, and all improvements that may have been made upon the land, together with additions and |
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accretions thereto, and consider and treat Purchaser as his tenant holding over without permission and |
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may take immediate possession of the land, and Purchaser and each and every other occupant remove |
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and put out. A proper notice of forfeiture, giving Purchaser at least fifteen (15) days to pay any moneys |
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required to be paid hereunder or to cure other material breaches of this contract, shall be served on |
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Purchaser, as provided by statute, prior to institution of any proceedings to recover possession of the |
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land. |
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Acceleration |
(h) That if proceedings are taken to enforce this contract by equitable action, after Purchaser shall have |
Clause |
been in default for a period of forty-five (45) days or more, the entire amount owing hereon shall be due |
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and payable forthwith, anything herein contained to the contrary notwithstanding. |
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