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<br />Made -this- da of --- eb * - , in the year of our Lord on,a thousand nine ;
<br />��° lxunired olid - =-3 be£wee fi 1;<oss' M� testa .and _ Be ase_ D. _ gds his vrii'e , of Madison, Dane ;
<br />doldat-v¢ wisoonaIn --
<br />pa f� e� o £hfi first ,Isart acid T14 JOSEPH M. B0V CQ14PAN ; O MADISON, VIS QN TN, a coaporation
<br />dittly _60atocl, aoigaittied and a isixng i ixd r and iy vi of the laws.of .the State ,of Wisconsin, and doing Business at l
<br />,� ?Vaclisonr 1iYxsconsin,arEy of the second part;
<br />l les Five Thousand and
<br />. ra$Ej that lice said pati of the first part, for and in consideration of ills sum of 'i
<br />a
<br />B xt 100 (462 o. oo)-----i---�- Dollars, to -- 'them -- in hand paid by the said party of the second a
<br />i art, the receipt wbo-keof is hereby acknowledged, ham anted, batgained, sold and conve .ed and do_ _ b these
<br />prese n p y g � � y y
<br />� d co
<br />follawiri� d sctribed g rerxiisesaffif i situate; Ivirx� to the ancl �einld patty of the in the Count socfond part_ is successorsD�and assigns forever, the
<br />,ha g p g g y - - --and
<br />°{ State of Wisconsin, tb-wits
<br />Lot Four (4), Block Three (3) Arlington Heights, Toian of Madison, aeoording to the
<br />recorded plat thereof, sabject_ to the following g1xictions,
<br />1. Said real estate shall be used exclusively for private dwelling purposes, and no building designed or intended to be used i
<br />for more than one family, shall be built more than two ordinary stories in height. No building shall be erected on less than
<br />one lot. Any building erected shall be placed not less than the number of feet back from the front line indicated on the recorded }
<br />�l plat as building line, nor within six feet of the side lines of any lot or building plot wider than a lot. This restriction as to dis- e
<br />tante at which buildings should be placed from front and side lines of said premises shall apply to and include porches, verandas, }
<br />i
<br />attached gaxp$es and._other similar projections. If, for any reason it is uncertain which are the front or side lines of any lot, e
<br />this original jrantor, his heirs, or successor in interest as sueli grantor shall in any case determine what are to be termed -such mox nx—
<br />-- t
<br />lines and such decision shall be final.
<br />2. No barn, or stable for animals shall be erected on premises or be suffered to remain thereon.
<br />3. No building shall be erected, or suffered to remain upon the premises herein conveyed, within a period of ten years from
<br />the date hereof unless the exterior plans thereof, showing such structure and a plan showing the location on the property of such
<br />structure shall fust have been submitted to, approved in writing, and a copy thereof, as finally approved lodged permanently
<br />with this original grantor, his representatives or successor in interest as such grantor.
<br />4. No garage shall be erected on said premises except at the time or co -incident with the erection of the residence or thereafter.
<br />The intention being to prohibit the erection or use of garages for living or residence purposes on the premises herein conveyed
<br />prior to the erection of a residence.
<br />5. No privy shall be erected or maintained on any lot hereby conveyed except for temporary use during the time that a
<br />building is in process of construction or without the written consent of the original grantor.
<br />6. No bill board, advertising boards or structures exceeding five square feet in size, for posting, painting or printing of signs
<br />or advertisements shall be constructed or maintained on any lot hereby conveyed without the written consent of the original
<br />grantor.
<br />7. That these premises shall not be sold, leased or conveyed to persons of African blood.
<br />All these restrictions as above set forth shall continue for a period of ten years from May 4, 1927.
<br />All these conditions shall run with the land and be a part of the consideration for the purchase thereof, and shall bind every
<br />subsequent owner or buyer thereof. It is hereby made an express condition hereof that any resident or owner of Arlington Heights
<br />shall be a proper person and be entitled to give and serve notice of any violation of these conditions.
<br />The original grantor, or his successors in interest, reserve the right to lay sidewalks and curb and gutter and charge the pro-
<br />portionate cost to the owner of each lot.
<br />There is reserved hereby to the original grantor or his successors in interest the right to use the rear five feet of all lots in the
<br />plat for the purpose of installing and maintaining thereon poles, conduits and pipes for electric, telephone and other public services.
<br />a anywise appertaining, unto the said party of the second part, its successors and assigns, forever, and the said
<br />i Ross M* Koan and Bassa D. Koen, his cmSfe _ __part*P:s-of the first
<br />part, for ___-_ themselves, their _—heirs, executors and administrators, do- ___hereby covenant
<br />with the said The Joseph M. Boyd Company, party of the second part, its successors and assigns, that —they -are___ _
<br />lawfully seized of said premises; that---they--have-good right to sell and convey the same; that the same are free
<br />from all incumbrances, and the said parties --of the first part will WARRANT AND DFrEND the title to the same against all
<br />lawful claims, PRovIDRD, Nevertheless, that if the said__ Ros8 M. Koen and Besse Da Koen, his wife
<br />shall well and truly pap, orause to be paid to the said party of the second part, its successors or assigns, the sum of
<br />Five Thousand and not 100 ( 5,Q00.o0) ,Dollars, with interest thereon;
<br />according to the terms and conditions of -- One ----certain note executed by said _Ross M, Koen
<br />to said party of the second part, bearing even date herewith, and shall well and
<br />truly keep and perform all and singular the covenants and agreements herein contained, on the part of the said
<br />part ies of the first part to be kept and performed, and of the. note accompanying this
<br />mortgage, then this mortgage to be null and void. And the said Ross M, Koen and Besse D. Koen, his wi:
<br />e -do further covenant and agree to pay the sum of
<br />money above specified, and the interest thereon, at the time and in the manner above mentioned; to pay, all taxes
<br />and assessments of every nature, that may be assessed on said premises or any part • thereof, and to deposit
<br />the receipts therefor with said second . party, its successors or assigns, previous to the day appointed by law for
<br />the sale of lands for such taxes; to pay all taxes assessed against the -mortgage interest hereby created; also that
<br />the—do hereby exercise the option to have the interests of mortgagor and mortgagee in said real estate
<br />assessed and taxed together to the mortgagor, without separate valuation; and also thatthey—hereby irrevocably
<br />request.—the assessor of the assessment district wherein said lands lie and his successors in office to assess the interests
<br />of :the mortgagor and mortgagee Hereunder to the mortgagor, without any separate valuation, and waive
<br />the right of offset ar reafter provided by any statute; and to keep the buildings on the said premises
<br />at all times insured, . '�e said mortgagee, its successors and assigns, against loss or damage by fire or
<br />lightning, for at least the sum of Six Thfland DOLtarz-ana-by—twmulo-�ii-ra-n-ae for Three Th sanx-A
<br />dollars, payable, in case of loss, to said party of the second part, to the amount then secured by this mortgage, and
<br />deposit policies therefor with said mortgagee, its successors or assigns, and that in case of failure so to pay said
<br />taxes, or to keep said buildings so insured, or so deposit tax receipts and insurance policies, the said party of the second
<br />part, its successors and assigns, may without notice, pay and discharge such taxes, and effect such insurance on said
<br />buildings, and that the sum' or slims which may be so paid by said party of the second part, its successors or assigns,
<br />in the discharge of such taxes, or in effecting such insurance, shall draw interest from the time of such payment, at the
<br />rate of a ,per tent -per ;annum, and shall be an additional- lien upon --the premises -above described; to the amount
<br />which shall be so paid, with interest thereon as aforesaid, and shall be collectible with, as a part of, and in the same
<br />*manner, as "the original debt which. This mortgage is given to secure. If default shall be made in any of the conditions
<br />or covenants_ herein, or in said no, contained, and such default shall continue for the space of nO days,
<br />thewhole of said principal, sum amid all ilhe -accrued' :interest thereon shall thereupon at the option of the said party of
<br />the second part, arid_ w tlxout notice- to said imortgagor, their heirs or assigns, become and be forthwith due and
<br />payable, The 'said` part ,Of tfie-: first part,- in_ case of such default and the continuance thereof as aforesaid, do
<br />llereiiy authorize, ane' #ally empower .the said' party of the second part, its successors or assigns, to sell the said prem-
<br />ices at public auction ;and convey the sameto the purchaser, agreeably to. the statute in such case made and provided,,
<br />and out. of the Moneys arising from $uch sale to` retain the principal and interest whir- shalt then fie due :on the said
<br />e- together_ with all the moneys which the said party of the second pact;, it1.s successors or assigns,:
<br />shall -have paid- for, taxes. .or insurance, w_"itH xnierest thereon -:and allf;costs _a_nd eharges,.and re6sonabZB
<br />alto-»ey's' fees `and poly the overplus, if any, to said part i�'n�.of the first Va_rt "Inch , _ executors,
<br />administrators or assigns. = - -
<br />And the said Ross M..Koerx :and -Besse 7;. Ktiexi, hist w
<br />of the first part, do _ Hereby agree to =pay to the said The ,Joseph M. t$oyd Company, party of. the second part', its
<br />Successors or.. assign's; in -case ,of the comniencennent of, a. foreclosure, of this mortgage, a reasonable sum as attorney's fee
<br />in addition to the taxable costs allowed- by law.'-
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