This section is from the book "The Law Of Land Contracts", by Asher L. Cornelius. Also available from Amazon: Michigan Law Of Land Contracts.
Article of agreement, made this................day of................in the year of our Lord one thousand nine hundred and ................, between
....................of the City of Detroit, in the County of Wayne and
State of Michigan, party of the first part, and ...................., of the same place, party of the second part in mannner following: The said party of the first part, in consideration of the sum of....................dollars to be to him duly paid, hereby agrees to sell unto the party of the second part all that certain piece or parcel of land lying and being situate in the....................in the
County of....................and State of...................., and more particularly known and described as .................... for the sum of
........................dollars which the said party of the second part hereby agrees to pay the party of the first part as follows:
....................dollars at the date hereof, and the remaining........
....................dollars with interest from....................on all sums at any time unpaid hereon at the rate of six per cent. per annum till due, and thereafter at the rate of seven per cent. per annum till paid, payable............................herefrom. Said party of the second part as part of the purchase price also agrees to pay all taxes and assessments, extraordinary as well as ordinary, that shall be taxed or assessed on said premises from the date hereof until said sum shall be fully paid as aforesaid, within twenty-five days after the same shall become payable. If default be made on the part of the party of the second part in making such payment of taxes or assessments, said party of the first part shall have the right to pay the same and have the payment due hereon from the time of such payment with interest at seven per cent. per annum till paid.
Said party of the first part agrees that before or upon the completion of this contract he will furnish to said second party a Burton Guaranteed Certificate of Title, showing a marketable title to the above described premises in said first party.
And it is also agreed by and between the parties to these presents that the said party of the second part shall and will pay the expenses of keeping the buildings, erected and to be erected upon the lands above contracted for, insured against loss and damage by fire (in policies to be held by the party of the first part, with loss if any payable to vendor as interest may appear), by insurers in manner and amount approved by the said party of the first part, such expense to be chargeable hereon if paid by the party of the first part, with interest thereon at the rate of seven per cent. per annum. And that the said party of the first part, on receiving the aforementioned payment in full, at the time and in the manner above mentioned, and all sums chargeable in his favor hereon, and upon the surrender of the duplicate of this contract, shall at his own proper cost and expense, execute and deliver to the said party of the second part, or to his assigns, a good and sufficient conveyance of said described lands....................free and clear from all liens, and encumbrances,..........................except such as may have accrued thereon subsequent to the date hereof by or through the acts or negligence of said party of the second part or his assigns.
It is mutually agreed between said parties that the said party of the second part shall have possession of said premises on and after this date while he shall not be in default on his part in carrying out the terms hereof, taking and holding such possession hereunder, and shall keep the same in as good condition as they are at the date hereof, until the said sum shall be paid as aforesaid and if said party of the second part shall fail to perform this contract, or any part of the same, said party of the first part shall, immediately after such failure, have a right to declare the same void, and retain whatever may have been paid hereon, and all improvements that may have been made on said premises and may consider and treat the party of the second part as his tenant holding over without permission, and may take immediate possession of the premises, and remove the party of the second part therefrom.
It is further agreed by and between the parties hereto that this contract or any right or interest therein or thereunder shall not be transferred or assigned by said party of the second part or by any person or persons claiming by, through, or under without the consent of the party of the first part hereto endorsed in writing hereon.
And it is agreed that the stipulations aforesaid are to apply to and bind the heirs, executors, administrators and assigns of the respective parties.
In witness whereof, the said parties have hereunto set their hands and seals the day and year first above written.
..............................................L.S.
..............................................L.S.
..............................................L.S.
Sealed and delivered in presence of
.......................................
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