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<br />DEFENCE OF ACTIONS <br /> <br />9. Vendee shall appear in and defend Vendor or Trustee in any actiDn Dr proceeding purporting to affect the security <br />hereof or the rights or pDwers Df VendDr or Trustee. <br /> <br />DELIVERY OF DEED UPON VENDOR AND VENDEE'S PERFORMANCE <br /> <br />10. Trustee Dn Vendor's written instruction and conveyance shall deliver to Vendee a deed tD the property as hereinabove <br />provided for, conveying to Vendee Vendor's and Trustee's interest in the property which VendDr and Trustee hDld <br />pursuant to this Agreement at such time as Vendee has paid to Vendor, as hereinabove provided, the entire balance <br />due directly to Vendor under the provisions of Paragraph 3(d) above. <br /> <br />TAXES <br /> <br />11. Vendee hereby assumes and agrees to pay before delinquency any and all taxes and assessments hereafter falling <br />due on the property, commencing on the date this Contract is recorded. If Vendee shall fail tD pay any of said taxes <br />or assessments on or before the due date thereof, Vendor may, at his option, declare a default under this Agreement <br />or may pay said taxes and assessments and add any amounts so paid to the baiance due Vendor under the terms Df <br />this Agreement. Any sums so paid by Vendor and added to the balance due under this Agreement, shall bear <br />interest at the rate provided for herein or the maximum interest rate provided by law, whichever is greater, until the <br />same has been paid in full. <br /> <br />INSURANCE <br /> <br />12. Vendee further agrees that from and after the time Vendee assumes possession of the property, and until such time <br />as all balances due to Vendor have been paid, Vendee: (1) shall provide, maintain and deliver to Vendor fire <br />insurance satisfactory to and with loss payable to Vendor. The amount collected under any fire or other insurance <br />policy may be applied by Vendor upon any indebtedness secured hereby and in such order as Vendor may <br />determine, or at the option of Vendor, the entire amount so collected or any part thereof may be released to Vendee. <br />Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act <br />done pursuant to such notice; and (2) shall provide public liability insurance on the property in reasonable amounts for <br />the protection of all parties hereto. Vendee agrees to pay all of the premiums therefor and to deliver copies of all <br />policies and renewals thereof to Vendor. In the event Vendee fails to provide such insurance or upon cancellation of <br />such insurance, Vendor may obtain the insurance required by this paragraph and add to the balance due under this <br />Agreement the amount of any premium thereof. Such added sum shall bear interest at the rate provided in <br />Paragraph 11 above. <br /> <br />MAINTENANCE <br /> <br />13. Vendee further agrees, until the purchase price hereof has been paid, to maintain all buildings and improvements <br />now or hereafter placed on the property in a good and habitable state of repair to maintain the value thereof and to <br />pay when due all claims for labor performed and materials furnished therefor. <br /> <br />TIME <br /> <br />14. Time is of the essence of this Agreement. <br /> <br />ATTORNEY'S FEES <br /> <br />15. If any party to this Agreement or any assignee of any party hereunder shall bring an action in any court of competent <br />jurisdiction to enforce any covenant of this Agreement, including any action to collect any payment required <br />hereunder, or to quiet his titie against the other party to this Agreement, it is hereby mutually agreed that the prevailing <br />party shall be entitled to reasonable attorney's fees and all costs and expenses in connection with said action, which <br />sums shall be included in any judgment or decree entered in such action in favor of the prevailing party. <br /> <br />BINDING EFFECT <br /> <br />16. This Agreement binds the parties hereto, their heirs, legatees, devisees, administrators, executDrs, successors and <br />assigns. <br /> <br />7 <br />