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the closing hereof an Abstract of Title certified to at least the
date of this Agreement and shall pay the cost thereof, said
Abstract showing good and merchantable title, subject only to
this contract, the mortgage hereinabove referred to, taxes and
assessments not yet due and payable and such easements,
restrictions, reservations and other related items so as not to
interfere with the intended use of the property by the Buyer.
Said Abstract shall be delivered to•B~yer on its issuance and
shall be accepted by them as evidence of Seller's title to the
property as hereinabove described.
8. Title in the aforesaid realty shall be and is
reserved to the Seller, his heirs, executors, administrators,
successors and assigns until full performance by the Buyer as
required hereunder. Upon full performance by the Buyer, the
Seller shall deliver to the Buyer a fee simple title to said E
realty, by general Warranty Deed, free and clear of all liens and
encumbrances, except for zoning and other governmental
regulations and such restrictions, easements and reservations as
may appear of record in the Abstract of Title being delivered to
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the Buyer prior to the closing hereof, and the Mortgage
hereinabove recited.
9. Time is of the essence of this Agreement. In
the event Buyer fails to make any payments required by -the terms
~of this contract at the time the same falls due and prior to the
delinquency thereof, including installment payments to the
Seller, and if such default continues for Thirty (30) days,
Seller at his option may:
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Accelerate and bring an action for the balance of
the purchase price remaining due, or for any other relief
available in law or equity, including suit to recover any payment
or payments made by the Seller and repayable to the Buyer-
hereunder, it being stipulated and agreed that such obligation to
re-pay is a separate and independent covenant of the- Buyer. No
action to recover any payment or payments so made by the Seller
shall constitute a waiver of the rights to proceed otherwise with
N n R O! D H. GOLDMAN
~nonnErwruw respect to any subsequent default.
eo:e S. FEDERAL NwY.
oT 57 LuclE,fua~ No waiver by the Seller of any default of the -
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