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vni <br />The said payments to be made to the parties of the first pari, at 124 Wo Mifflin Street, 'Madison, <br />Wisconsin, k. <br />and the same being intended to -apply, when. fully completed, as the purchase money for the following <br />tract, piece or parcel of land, situated in the County of Dane and State of Wisconsin, to -wit: <br />The Wast 45 feet of Lots SIXTEEN (16) and SEVENTEEN (17), <br />Block ONE (1), NORTH GARDENS, in the City of Madison, ac- <br />cording to the recorded plat thereof® <br />r- <br />subject, however, to the following reservations and restrictions which are intended for the mutual benefit and advantage of all <br />the lots in said plat and which shall run with the land, to -wit: <br />1. The line of any building or any part thereof erected on these premises shall not be nearer to the street line than <br />twenty feet. <br />2. No part of the main building erected on any lot shall be nearer to the side lot Iine than six feet. <br />3. No building erected elsewhere shall be moved on to any lotJn the plat. <br />4. No building to be used as a residence shall be erected on any lot unless the actual cost of said building be not- less <br />than $3,000. <br />5. For a period of two years after July 15, 1928, tho grantor reserves the right to construct a sidewalk along the front- <br />age of any or all lots in the plat, if in his discretion it"is advisable, the actual cost thereof to be repaid to him by the then <br />owner of the lot or lots within 6 months from the -date of completion, with interest at 6I7c. For this purpose the vendee in a <br />contract of purchase shall be deemed an owner."' <br />6. None of the lots shall be conveyed to,"used, owned, or occupied by negroes as owners or tenants. <br />7. For a period of five years from 'July 15, 1928, no building shall be erected on any lot until the exterior plans thereof <br />have been approved in writing by the Building Commissioner of the City of Madison, or, on his failure to act on such pians, <br />then by the grantor herein or any licensed architect of the city of Madison. <br />8. There is hereby reserved to the grantor the right on his part and on the part of any present or future owner of any <br />lot, and in common with other owners, to perpetually use that part of the plat designated as Pole Line Service Strip, such <br />designation being by fines "X" for the purpose of installing, repairing, renewing, extending and maintaining thereon pules, <br />wires, pipes, conduits and other construction and accessories for liglit, power, telegraph and tolephone purposes. <br />The said part of the second part further agree 8 that he will pay, when due and pay- <br />able, all taxes and assessments which have been assessed or levied on the above described premises since <br />the first day of January, A. D., rg 28, and also all such as may be hereafter assessed or levied thereon, or <br />upon the interest of said part ies of the first part in said premises; and also all taxes and assessments <br />now or hereafter assessed or levied against any mortgage which may exist against said premises, or <br />against the note or the indebtedness secured by such mortgage, or against the interest in said premises <br />of any party holding a mortgage against said premises during the term of this contract, and promise 6 <br />and agree s that the interest of the part ies of the first part, and the interest of the part y of <br />the second part in said real estate, and the interest of any party holding a mortgage against said real es- <br />tate, during the term of this contract, shall be assessed for taxation and taxed together, without separate <br />valuation, as unincumbered real estate, and shall be paid by the said part y of the second part, and <br />the said party of the second part hereby waive s all rights of offsets or deductions because of the <br />payment of any such taxes and assessments, until the aforesaid purchase money shall be fully paid, in the <br />manner above stated. <br />The part y of the second part further agree s to hold the said premises from the date hereof, as <br />the tenant by sufferance of the said part ie s of the first part, subject to be removed as',, Int i r tenant <br />holding over, by process under the statute in such case made and provided, whenever default <br />shall be made in the payment of any of the installments of purchase money, interest, taxes or assessments <br />as above specified and not to do any act whatsoever which tends to depreciate the value of said premises. <br />Second, That the said part ies of the first part, hereby agree and bind t }.o i r heirs, exec- <br />utors and administrators, that, in c@se the aforesaid sum of Six Hundred ; ifty Dollars, <br />with the interest and other moneys shall be fully paidand all-the-c6pdiir'ons herein provided shall he fully <br />performed at the times and in the manner above specife,d, the"will„ on` I'demand, thereafter cause <br />to be executed and delivered to the said party of the setohd, pzrt,.'or = -'hi 8 LL- heirs or legal rep- <br />resentatives, a good and sufficient Warranty - Deed, -in •fee simple; ,of the- premtse4 above described, free <br />and clear of all legal -liens Ian d incumbrances except the taxes incl assessments hereif- agreed to be paid by <br />the part y of tlzt? second dart and except any Herts and zrturribzances-created by the act or default of <br />the party of the lseclpnj _part-, heirs, legal re prese�sfta�it�es�'or ���zl�ns. �:- ' o f t�a::�!, <br />.with the, deed an_up--�o.-dn„te abstract showing; hard ana--isidrtit le, in A. <br />-premises:herein conve' yea except Ws" .Lo acts or omission's- of cald`•veconu <br />Third, rt zs'agreed and understood, by and between; the parties hereto, that, if the said <br />.part ,y' of the second part shall_ fail to .nlake ,any, of the 'payments of purchase •money and interest <br />above _specified at the times .anti in `the manner above specified, or fail to pay the' taxes and assessments, <br />as above .stipulated, ar vzolltcany other terms or conditions harezrz con -fainted,_ thfs7agreement shall, at the <br />optionthe svid part 1e0 of the first part, be henceforth utterly -void., -without any notice whatsoever, <br />and all -_payments thereon forfeited, subj_ <br />ect to be revived and renewed only by th.c act of the part <br />of the first part,, ae'the mutual agreement of both partiEs. <br />The said party, of the second part fur#her promise,3 and agree a .fnaf_in case of the commence- <br />. ' m"t of an action to foreclose this contract, and also in case_ of -tire fore&osure thereof, <br />w 11 pay, in addition to the taxal?le c;- sts and expenses incurred, a reasonable suV of money as attorney's <br />fees <br />31lt itnesso 1),greaf,' the said parties have "heretznta sit their hands and seals this --•--filth day <br />_ ueptemberA: D . r 28 v <br />9'_ <br />Signed and Sealed in presence of <br />% 7PP <br />a -.....1 '< �" �.•--.. .._.''_............ .., �: ".`f........ al) <br />(Seal) <br />(Seal) <br />-- _ - (Seal) <br />btate of Wfoconoin, <br />_ <br />Dane — _County, ss <br />Personally came before me, 'this fifth•:= --.day of ` September , A. D„ zy 26 <br />the agave named---- E+, STT'A4 s, 4T LIA X. STARK, and LE.O �P. SCHLE.CK . <br />lfi own <br />TA, <br />+� f <br />� l <br />0 V <br />ed the foregoin in ent and acknowledged the same <br />Notary Public.- -Dane � County, Wis. <br />My, Commission expires.May 240 ..:--A. D,, <br />