This section is from the book "Popular Law Library Vol3 Contracts Agency", by Albert H. Putney. Also see: Popular Law-Dictionary.
ARTICLES OF AGREEMENT, Made and concluded the 27th day of June, in the year of our Lord One Thousand Nine Hundred and Eight.
Between Arthur Johnson, party of the first part, and Henry S. Smith, party of the second part,
Witnesseth, That the party of the first part, at the request of the party of the second part, and in consideration of the money to be paid and the covenants as herein expressed to be performed by the party of the second part (the prompt performance of which payments and covenants being a condition precedent, and time being the essence of said condition and of this contract, hereby agrees to sell to the said party of the second part all the certain lot and parcel of land, be the same more or less, situated in the City of Chicago, County of Cook and State of Illinois, known and described as Lot 7, in Block 3, in Walter Jones' Subdivision of the east quarter of Section numbered seventeen (17), in Township numbered 38 North, Third Range East of the Third Principal Meridian, with the privileges and appurtenances thereto belonging.
And The said party of the second part in consideration of the premises, hereby agrees to pay to the said party of the first part, his executors, administrators or assigns, at the office of the said Arthur Johnson, in the City of Chicago, the sum of three thousand Dollars, in manner following, to wit: One thousand dollars on the delivery of this Contract, and the remainder in four equal payments, the first payment to be made on the first day of January, A. D. 1909, with interest at the rate of six per cent, per annum from the date hereof, to be paid on the whole sum from time to time remaining unpaid; And Also that he will well and faithfully, in due season, pay and discharge all taxes and assessments, ordinary, extraordinary, or for revenue purposes, imposed upon said premises, or any part thereof subsequent to June 27, 1908. But in case the said party of the second part shall fail to pay any or all such taxes or assessments, upon said premises or appurtenances or any part thereof, whenever and as soon as the same shall become due or payable, and the party of the first part shall pay any or all such taxes or assessments, the amount of such payments so made by the party of the first part shall immediately thereupon become an additional consideration and payment to be made by the party of the second part hereto for the premises herein described.
And The said party of the second part further agrees, that in case he shall not make the payments above named, or any part thereof, on the day or days they are respectively made payable, he will pay interest on any payment, or part of payment, remaining unpaid after due, at the rate of eight per cent, per annum until paid; but neither the receipt of payments or parts of payments after due, with interest as aforesaid, nor anything herein contained, shall be construed as a waiver of the right of the said party of the first part to declare this Contract forfeited for nonpayment, as hereinafter provided.
And The party of the second part hereby covenants and agrees to and with the party of the first part, that when a building is erected upon the said lot herein described, it shall be for a private dwelling nouse only, to cost not less than five thousand dollars. And the party of the second part hereby covenants to and with the party of the first part, that all buildings, erections and improvements now upon or hereafter to be placed upon said premises shall stand as security for the payment of the sums to be paid for the said land, and shall not be removed from said premises without the written consent of the party of the first part. And if any suit at law or in equity shall be commenced to enforce payment for work or material for any building that may be erected upon said premises, or against the said party of the second part, for any alleged indebtedness, and said party of the first part shall be made a party thereto, then and in that case he may add to the consideration of this Contract all expenses necessarily incurred by him in that behalf, and collect the same at once, with interest thereon at the rate of eight per cent, per annum.
And The said party of the first part further covenants and agrees with the said party of the second part, that upon the full payment of the purchase money, taxes and interest, as aforesaid, and upon the faithful performance of all the obligations of this Agreement, on the part of the party of the second part to be fulfilled,........................................ the said party of the first part, shall and will, without delay, well and faithfully execute, acknowledge and deliver in person, or by attorney duly authorized, to the party of the second part a good and sufficient deed or conveyance of the above described premises, with their appurtenances, with covenants of warranty, to be delivered on surrender of the duplicate Contract.
And it is Mutually Covenanted and Agreed, By and between the parties hereto, that in case default shall be made for the space of thirty days in any payment, or any part thereof, or in any of the conditions herein stipulated to be performed by the party of the second part, it shall and may be lawful for the party of the first part, if he see fit, to declare this Contract void, without notice to said party of the second part, and to re-enter upon the said premises at any time after such default, without serving on the party of the second part, or other person holding under him or them a notice to quit said land. And in case this Contract shall be so declared void, the party of the second part shall be thenceforth deemed a mere tenant at will under the said party of the first part, and be liable to be proceeded against without notice to quit, under the provisions of an Act regulating proceedings in cases of forcible entry and detainer, and the Acts amending the same. And the party of the first part, in case he shall declare this Contract void, shall be at liberty to sell the land to any person or persons whomsoever, without being liable in law or equity to the party of the second part, or any person claiming under........h........, for any damage in consequence of such sale, or to restore any payment made on account of this Contract; and payments that shall have been made upon or under this Contract shall be forfeited to said party of the first part, and may be held by the party of the first part as stipulated damages for the non-performance of this Contract. And said party of the first part shall have a right to recover all damages sustained by reason of the holding over of said party without permission.
And it is Further Agreed, That no sale, transfer, assignment or pledge of this contract shall be in any manner binding upon the party of the first part, unless he first consent in writing thereon to such sale, transfer, assignment or pledge, and that in case this Contract shall be recorded he shall deed only to the party of the second part hereto.
In Witness Whereof, The said parties have hereunto set their hands and seals the day and year first above written.
Arthur Johnson, (seal.)
Henry S. Smith. (seal.)
 
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