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2odsl <br />as to views and landscape effects. <br />SECOND: It is further,.understood and agreed- that the party of the first part will entirely at <br />his 'own expense and not later than Sept.l'-,ig23,complete on the street inn front of loVs 36 and 37 <br />and in front of lots 52•,53,and 54 a road of concrete or macadam '%vith tarvia filler,o'f a minimum <br />width of 15 feet. <br />a <br />THIRD: It is further understood and agreed that the party of .the first part will,not later than <br />Sept. 1,91723,aomplete a road of concrete or;macadam- with tarvia filler of a minimum width of Xof 15 <br />feet ftom the aforesaid lets 36 and 37,and from lots 52,53 and 54 to`!connect directly with e'Itl,er <br />theso-called Middleton concrete road to the east,or College Hills concrete road,sb that there <br />will be continuous concrete or macadam road from ~the aforesaid lots to the City of Madison. <br />FOURTH: It is further understood and agreed that the.party of the second part or any occupant <br />of the aforesaid lots has a right,of way to Lake Mendota. on outlots 2 and 3 in Shorewood;the loca- <br />tion of said right of way to be designated by party of the first part. <br />FIFTH: Party of the second;osrt,in consideration of the foregoing,hereby agrees to pay to the <br />party of the first part,in addition to the payment aforesaid,mentioned in FIRST,the'further sum <br />of Six Thousand Dollars 66000.00),at the time or times and in the manner following,to-wit; Five. <br />Hundred Dollars ($500.00) or more,as he may elect,on"the 2nd day of'February,19 23,and Five Hundred <br />Dollars 4500.0() or more as he may elect on the 2nd day of each six months thereafter until Six <br />Thousand Dollars Id'6000.00)is paid in full with interest upon each of said deferred payments at <br />the rate of 6% per annum,payable semi-annually,provided tha+hen Thirty-five Hundred dollars <br />C$3500.00) have been paid b 4arty of the second part,party of the first part shall glve�arty of the <br />second part a good and marketable deed,free from all incumbrance,and party of the second part <br />shall give back a mortgage to party of the first part; provided. further, that when}party of the <br />second part shall have paid Four Thousand Dollars �04000.00) on the aforesaid lots,party of the <br />first pest will relejise from mortgage any two lots at request of party of the second part,and <br />when Five. Thousand Dollars 650100.00) have been paid party of the first part will release from <br />mortgage any three lots at request of party of second part. <br />Party of the second part further agrees to pay all taxes and assessments,general or special, <br />which may bb hereafter assessed or levied on the premises above described, previous to the day <br />appointed by or according to law for the sale of such land for taxes or assessrdents,provided that <br />seven -twelfths 7/12) of the taxes for the year 1 Y22 shall be paid by the party of tha first part, <br />and five twelfths 5/12) of the taxes_ for 1922 shall be paid by party of the second part. and <br />party of the second.part further agrees not to commit or suffer to be committed any waste or damage <br />upon said premises. <br />SIXTH: The times of payment above mentioned are of the essence of this agreement,and in case <br />party of the second part shall fail to make any such payments at the time agreed on or within <br />thirty days thereafter,or shall fail to pay the taxes or assessments as aforesaid,or shall other - <br />part <br />wise breach this agreement,party of the second/shall ,at the 6ption of the party of the first <br />part be* deemed to have abandoned and given up to the party of the first part all right, title and <br />interest in and to the above described premises, and. to �' any payments which shall have been made <br />hereunder and all the right of action upon or growing out of this agreement. .11 <br />SEVENTH: It is understood and agreed that !should party of the first part fail to complete <br />roads as provided for in this contract,party of the first part shall,at the option of 6bw party <br />of thd—seboria'party,be deemed to have forfeited all right, title, and interest in and to the above <br />described premises o the party of the second part who shall be entitled to full ownership of <br />