This section is from the book "The Law Of Land Contracts", by Asher L. Cornelius. Also available from Amazon: Michigan Law Of Land Contracts.
3rd. That your Orator be placed in possession of said premises pursuant to the statute in such case made and provided, and,
4th. That your orator have such other, further or different relief in the premises as shall be agreeable to equity and good conscience. And your orator will ever pray, etc. Clinton Nelson.
L. C. Palmer,
Solicitor for Complainant, Business Address:
Stanton, Michigan.
State of Michigan, | ss. |
County of Gratiot. |
On this 14th day of December, A. D. 1915, personally came before me a notary public in and for said county, Clinton Nelson, who, being by me duly sworn, deposes and says, he has read the foregoing bill of complaint by him subscribed and knows the contents thereof, and that the same is true, except as to such matters as are therein stated to be on information and belief, and as to such matters he believes it to be true.
Philip W. Creaser,
Notary Public
My commission expires March 16, 1916.
(c) Exhibits "A" and "B," the Contracts Relied Upon.-(Exhibit A) -This Contract, made the fifteenth day of June, A. D. 1915, between James C. Walsh and Inez V. Walsh, of Grand Ledge, Eaton County, Michigan, herein called first party, and Louis F. Breitenwischer and Fannie H. Breitenwischer, of Lansing, Ingham County, Michigan, herein called second party.
Witnesseth, as follows:
1. Said first party, in consideration of the sum of thirty-five thousand and no/100 dollars to be paid by second party to first party, and of the covenants to be performed by second party, as hereinafter expressed, hereby agrees to sell to second party, all that certain piece or parcel of land situate in the Township of Home, in the County of Montcalm and State of Michigan, described as follows, viz.:
The east one-half (1/2) of the east one-half (1/2) of section twenty-two (22), and the west one-half (1/2) of section twenty-three (23) in town twelve (12) north, range six (6) west, Montcalm County, Michigan.
It is understood by second party that there are three fields of rye to be harvested on the above described farm, of which he is to receive one-half of grain delivered at market, said second party to pay one-half of threshing bill and one-half of twine. Also one field of rye second party is to receive one-third of grain delivered at market without expense to him.
2. Said second party, in consideration of the covenants herein made by first party, agrees to purchase of first party, the above described premises, and to pay therefor to first party, or their legal representatives, at Grand Ledge, Mich., the sum of thirty-five thousand and no/100 dollars in manner as follows, viz.: Eighteen thousand three hundred and no/100 dollars on the signing and delivery of this contract and the balance of sixteen thousand seven hundred ($16,700) dollars to be paid as follows: Two thousand ($2,000) dollars thirty days from date; and a further payment of two thousand ($2,000) dollars sixty days from date; and an additional payment of thirty-two hundred ($3200.00) dollars ninety days from date, when the first party agrees to deed to second party the above described property subject to a real estate mortgage of ninety-five ($9500.00) dollars together with interest on the whole sum that shall be from time to time unpaid, at the rate of six per cent. per annum, to be computed from date hereof, and to be paid with principal. Principal or interest not paid when due shall bear interest until paid, at six per cent. per annum.
3. Said second party shall keep all buildings now on, or that may hereafter be placed on said premises, insured in the name of, and in manner and amount and by insurers approved by, first party, and leave the policy with first party, and in case of loss, the insurance, unless by mutual agreement used to repair or rebuild, shall be paid to first party and be endorsed on this contract to the extent of the amount unpaid thereon, and the balance, if any, shall belong and be paid to second party.
4. Said second party shall enter said premises for taxation in their name and shall well and faithfully pay when due, all taxes and assessments, ordinary and extraordinary, that may for any purpose be levied or assessed on said premises, Dec, 1915, and shall not commit or suffer any other person to commit any waste or damage to said premises or the appurtenances. Should second party fail to pay any tax or assessment when due, or to keep said buildings insured, first party may pay the same and have the buildings insured, and the amounts thus expended shall be a lien on said premises, be added to the amount then unpaid hereon, be due at once, and bear interest until paid, at six per cent. per annum.
5. Said first party further agrees that upon the full performance by second party of all covenants and agreements by second party to be performed, and upon the payment to first party of the several sums of money above mentioned, in time and manner and at the place mentioned, that thereupon first party will execute and deliver to second party a good and sufficient warranty deed, and thereby convey to second party the premises above described free and clear of all encumbrance except taxes after date hereof, and claims and liens thereon due to any act or neglect of second party.
6. All buildings and improvements now on, or that shall be placed or made on said premises, shall remain thereon as security for the performance by second party of this contract, and should default be made, and said contract be forfeited, said buildings and improvements and all payments made on said contract shall be forfeited to first party as stipulated damages for non-performance of this contract, or first party may at their option declare all sums unpaid immediately due and payable and enforce the collection thereof at law and make conveyance as aforesaid.
7. Said second party shall not assign or transfer this contract, or lease or sublet said premises, or the buildings thereon, or any part thereof, or add to or change said buildings without the previous written assent of first party thereto endorsed hereon.
 
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