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lcVa tllAN!zY I -To iiuub&utd ►cud wlee, xmnd - Iti Ea3[o Survi or o tliilm� Vorm.14: w..xeu�ccx eaarxr+r, ara.aunwNtae, xxxA�xe* yts r <br />VOL . PAGE 70 1 . <br />fa:4U 3.4 rtb UtUrr, Made thit._.'�5.tr ..= ,.._ „__...._........day of......= ...Mpe± b r._ _.. -_ .._._.. <br />Of our, Lord, one thousand nine hundred and t 3irt ne - - in the year <br />.3t~—�? .., between David. � r . l�i.�; .Agb.s - • .. . ........... <br />..r:.a.ary... r i oha.,....h s... ifa:,....o f..Irla i o1 ...D.ana_ . f_u t. ...a 1.a.00 s.in._ ..... _.-.._.., <br />• <br />cart..;. ,:: f the first part; cod_...,._0.1arits , ;_P..z.. j.Q s:. or1 aid /taro 0.13.a ..2. ohnston <br />husband and wife, and the survivor of them in his or her own right, parties of the second part. <br />it ',t igrtit, That the said , part:..1.0 S ..:._._.of the first part, for and in consideration of the sum of <br />• • • Biro fiundrsrl .. ... .. :.........___ ...._., . <br />.....Dollars, <br />to tam in hand paid by the seta parties of the second <br />IIpart, the receipt whereof is hereby contested and <br />1I • acknowledged, lia._. :9given, granted, bargained, sold, remised released, aliened, conveyed and confirmed, and by I <br />i <br />these presents do give, grant, bargain, s{;11, remise, release, alien, convey and confirm unto the said parties of the <br />second part, a life estate as joint tenants during their joint lives and an absolute fee forever in the remainder to the sur- <br />.1 vivor of them, his or her heirs and assigns, in and to the following described real estate, suitated in the County of <br />, <br />banns . and State of Wisconsin, to-wit: <br />ii <br />I <br />;1 i <br />Lot Eleven, Block Two, of Elmhurst, Village of Monona, <br />formerly the Town of Blooming Grove, according to the recorded t <br />plat thereof. Subject to the following restrictions: <br />Y • 1 - <br />FIRST: The line of any building, or any part thereof, erected on these <br />premises, except in the case of business places, shall not be nearer to the <br />street than the building line indicated on the recorded plat; <br />SECOND: IIo residence or-place of business•shall be erected without a <br />substantial foundation .nor at:a cost of less than Thirty -Five Ilundred. (03500) <br />Dollars; <br />THIRD: No lot or any building thereon: shall be sold or leased to any <br />negro, negress or Italian; ; <br />1 FOURTH; No business place shall be erected except on Lots One (1), Two,; <br />(2), Three (3), Four (4), Five (5), and Six (6), in Block One (1); <br />4 ._ <br />All the restrictions as above set forth shall continue until July 1, <br />1946, and shall continue automatically _thereafter until the owners of the <br />majority of the net acreage of'lmhurst shall at any time after said gate <br />execute and acknowledge an agreement or agreements in writing, releasing lm- <br />hurst or any part thereof from any or all of the above restrictions, and file <br />the same for record in the Office of the Zegister of Deeds for Dane County, <br />Wisconsin., The termination of any of the aoove restrictions in the manner <br />provided shall in no wise slier restrictions not so terminated. <br />It is hereby made an express condition hereof that any owner of land in <br />3lmhurst or any resident of Elmhurst shall be a proper person to ;io or cause <br />to be done, anything necessary and proper to enforce any or all of the above <br />restrictions. <br />• <br />Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appci- <br />taining: and all the estate, right, title, interest claim or demand whatsoever, of the said part ie.S...of the first part, either <br />in law or equity, either in possession or expectancy of, in and to the above bargained premises, and their hereditament!. <br />and appurtenances. <br />To have and to hold the said premises as above described, with the hereditaments and appurtenances, unto <br />the said parties of the second part, as follows, to -wit: a life estate as joint tenants during their joint lives and an absolute <br />fce forever in the remainder to the survivor of them and to his or her heirs and assigns. <br />And the said .. DaSt- i.d..!1~.. Iiinri ells. .anal. Lay IHin ' ir-h.S . parties of the first <br />their <br />part, for t h :mse.l ve.s -, .. eirs, executors and administrators, do.. .. covenant, grant, bargain and agree to and <br />with the said parties of the second part, and to and with the survivor of them, his or her heirs and assigns, that at the <br />time of the ensealing and delivery of these presentsthey.. are .... ....well seized of the premises above described, <br />as of a good, sure, perfect, absolute and indefeasible estate of inheritance in the law, in fee simple, and that the same <br />are free and clear from all incumbrances whatever. <br />and that the above bargained premises, in the quiet and peaceable possession of the said parties of the second part, as <br />joint tenants of the life estate therein duringitheir joint lives and an absolute fee in the remainder to the survivor of them, <br />his or her heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, <br />they will forever WARRANT • and DEFEND. <br />In Witness Whereof, the said part.ieS..of the first part ha ve hereunto set. their hand Sand seals <br />this 5th day of ` ec:einber :... .... ... ... , A. D., 19 39 . . <br />SIGNED, SEALED AND DELIVERED IN PRESENCE OF <br />a •F <br />