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The said payments to be made to the part ies of the first part, at YAdiaon, Wiscona�M ?'"i <br />s <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 Done and State of Wisconsin, to -wit: <br />Lot TMITY-0M (21) , Block 017W (1) , NOME GAhDIVS , <br />in the City of Nadi son, accordii,4,; to the recorded <br />plat thereof. <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 line than six feet. <br />3. No building erected elsewhere shall be moved on to any lot in 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, the 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 61A. 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 plans, <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 lines "X" for the purpose of installing, repairing, renewing, extending and maintaining thereon poles, <br />wires, pipes, conduits and other construction, and accessories for light, power, telegraph and telephone purposes. <br />The said part ies of the` second part further agree that they 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 zst day of January, A. D., zg 29 , 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 <br />and agree that the interest of the part ies of the first part, and the interest of the part ies 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 ies of the second part, and <br />the said part ies of the second part hereby waive 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 parties of the second part further agree that the said part ies of the first part shall in- <br />sure and keep insured against loss or damage the building now on said premises and such as may here- <br />after be erected thereon during the life of this contract in the sum of at least Five Thousand ('%,000) <br />Dollars, <br />against loss or damage by fire , and Twen. ty —f iv e Hund re d (y 2500 ) agains t to ss or damaf,,e by. <br />-tornado, . <br />, in the name of the part ie a <br />of the first part as owner in fee, with clause in said policy that the said parties of the second part ha ve <br />a land contract interest therein and the loss, if any, under such insurance shall be payable to, the said <br />part ies of the first part to the extent of their interest and the surplus, if any, to the said <br />part ies of the second part, subject however to the rights of mortgages, if any, respecting such in- - <br />surance; such policy or policies to be held by the said part ies,of the first part, their heirs, legal <br />representatives or assigns, as collateral to this contract; and the sid parties of the second part shall <br />pay the premium on such policy or policies when due, and in case of the failure or neglect of the said <br />part ies of the second part to pay such premiums when due, said part iea of the first part, <br />heirs, legal representatives or assigns may pay the same and charge the cost thereof with interest thereon <br />at the legal rate, to the said part ies of the second part, and the same shall be considered and taken to, <br />be an additional part of the consideration of this contract. <br />The part ies of the second part further agree to hold the said premises from the date hereof, as <br />the tenant by sufferance of the said part . of the first part, subject to be removed as their <br />tenant , holding over, by process under the statute in such case made and provided, when- <br />ever default shall be made in the payment of any of the installments of purchase money, interest, taxes, <br />assessments or insurance Premiums as above s•Pecified: and also to.keen the building . fences and im- <br />provements on -said premises in as good repair and condition as they, now are, except ordinary wear and <br />decay, and not to do any act whatsoever which tends to depreciate the value of said premises. their <br />Second, That the said part ies of the first part, hereby .agree and bind themselveEVeirs, exec- <br />utors and administrators, that, in case the aforesaid sum of Sixty five Hundred (W"6500) 'Dollars <br />with the interest and other moneys shall be fully paid and all the conditions herein provided shall be fully <br />performed at the times and in the manner above specified, they will, on demand thereafter cause <br />to be executed and delivered to the said part iea of the second part, or their heirs or legal rep- <br />resentatives, a good and sufficient Warranty Deed, in fee simple, of the promises .above described, free <br />and clear of all legal liens and incumbrances, except the taxes and assessments herein agreed to be paid by <br />the part ies of the second part and except any liens or incumbrances created by the act or default of <br />the part ies of the second part, the ix heirs, legal representatives or assigns ,; and to furnish <br />.with the deed an up—to—date abstra.et of title showing the property to be free of a1:1 <br />. liens and encumbrances except as to act or oml6si6ne of said sei wnd parties,-----; <br />. Third, It is distinctly agreed and understood by and between the parties hereto, that if the said <br />part i@ss, of the second part shall fail to. piake any -of ae payments of purchase rhozzep land"interest <br />above specified, at the times and in the manner above spech bd, or fail' to pay the taxes and assessments, <br />or fail to'insure and keep insuf-ed the premises herein as above stipulated, or fail to'.,pa�r• any dr 'all i4 <br />surance premivans herein specified, or violate ahy other;terms or conditions herein oontazned, this agree- <br />ment shall at the option of the said part iesof the first part be hencelaith utterly void without any <br />notice whatsoever, and all payments thereon forfeited, subject to be revived and renewed only by the act <br />of the part ie, <br />e of the first ,part, or the mutual agreement of both parties; and whenever such default <br />or violation shall 'occur, the part ies of the second part shall have no further right to collect rents <br />from tenants, if any, of the said rear estate, or any part thereof, but such rerifa'shall be collected by, and <br />belong to the part ie:s of the first' part. <br />The said part le -0 of the .second part, further promise and agree that in case of the cnrbence- <br />ment of an action to forclose this contract; and -also in case of the foreclosure thereof <br />will pay, in addition to the taxable costa and'eipenses incurred, a reasonable sum of money as at <br />fees <br />