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HomeMy WebLinkAbout1939 . , attorney for the aeller in regard to the deed and mortqage to follow, including documentary etamps, intangible tax, recordinq Continuation of Abstract and the like, but not including any real eetate carmaission as this is a direct sale and no real estate aqent or broker is involved. 7. In case of the failure of the Second Parties, their aurvivory~, heirs and assigns, to make either of the payments, or any part thereof, or to perfona any of the covenants on their part hereby made and entered into, and such failure or default shall continue for a period of more than forty-five (45) days, thie ~on- ' tract of Sale shall, at the option of the First Party; his heirs, and/or assigns, be terminated, and all amounts paid hereunder shall be the property of such First Party, his heirs and/or assigns, who shall have the right to re-enter and take possession of above ~ property, without notice, without suit or legal proceedings and without being liable for any action in connection therewith; pro- vided, however, that the rights above provided to said First Party I shall be cumulative and in addition to other rights which he may ~ have in the presnises, and indulgence by said First Party shall not be taken or considered as consent; and in the event of a breach of this Contract, the Second Parties, their survivor, heirs, legal representatives and assigns, hereby agree to pay all costs and expenses of collecting any amounts due hereunder, or otherwise prot~cting the rights of said First Party, his heirs and/or assigns, including a reasonable attorney's fee. And in the event First Party shall have az,~option provided above and not exercise the same, such failure to exercise such option shall not be a waiver nor a bar to later exercise of such option. 8. It is mutually agreed by the parties hereto that the ti~ne - of payment shall be an essential part of this Contract, and that ~0~17~ P~~9~5 , ~