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164 Third; The times of payment above mentioned are of the essence of .this agreement and in case party of the second* part shall fail to make any such payments at the time agreed on or within thirty days thereafter, or shall fail to pay the texes dr assess- ments as aforesaid, or shall - otherwise breach this agreement, party of*.the second part shall, at the option of the party of the first' part, be deemed to have abandoned and given up to the party of the first part all right, title and int'eres't in and to the above described premises, -and to any payments which shall have been' made hereunder and all the right- of action upon or growing out of -this agreement. Fourth; Th'e covenants and agreements herein contained shall inure to the benefit of. and be binding upon the respective parties' hereto, and their successors, heirs, 'personal representatives and assigns. In fitness whereof party of the first part has caused these presents to be sign- ed by its President and countersigned by -its secretary, and has caused to be affixed hereto its corPorate seal, and Party of the second Part hers hereunto set his hand and.seal this 20th day of June 1922 Signed, sealed and delivered Eagle Heights Land Company in presence of; By; b, f._ Shakshesky (seal)' _President. Selma Hanaon Countersigned; Albert D. t,,tillard Robert C. O'Malley ( seal) . As to Eagle heights land Company, Secretary. Its President and Secretary Geo A. Schmitt '(seal) _ _ J.G. McKenna Asa B. Groves as to second PArty. (corporate seal) For and in consideration of the sum of Thirteen hundred dollars ($1300.00) to me in hand paid, receipt whereof is hereby acknowledged,!, George A. Schmidt,,formerly of Chicago,now of Omaha, Nebraska, hereby assign, convey and set over unto John Gross and Katherine V. Gross all my right title and interest in and to the within land contract, to -wit; that certain contract entered into on the 20th day of June 1922, between Eagle Heights Land Company as party of. the first part, and George A. Schmidt, as party of the second part, together with all my right, title and interest in_ and to the land in the within 1 and contract described. in Witness whereof I have hereunto set my -hand and seal this 2nd day of September 19 2.4 Signed and Sealed in Presence of; George A. Schmidt (seal) Alfred H. Bushnell Beulah Schou State of Wisconsin) ss County of Dane ) Personally came before me, this 2nd day of September, 1924, the above named George A. Schmidt, to me known to be the person who executed the foregoing instrument and acknowledged the °same'_ Alfred H. BushneFll _ 6' - notary Public, Dane County, Wis.- (Notarial seal) My commission expires May 8,1927 Recorded Sept. 3, A. D. 1924 at 3;30 P.M.