The agreement on the reverse side hereof is made and accepted subject to the following expressed terms and conditions.
For the purpose of definition, the word, “seller” means: Loren F. Bayer and/or his assigns.
It is the understood and agreed that in connection with this purchase the purchaser acquires any and all interest in and to the ENDOWMENT CARE FUND to the herein described property, in accordance with the rules and regulations governing said Memorial Park, as they now exist and may hereafter be amended or revised.
Time is of the essence of this contract and if the Purchaser for any reason fails to pay any one or more installments of principal or interest when due, the seller, by giving (10) days written notice by deposit of a regular or registered letter in the United States mail addressed to the Purchaser or to his or her heirs or executors or administrators or assigns at the address stated in the agreement or as stated on the records of the Seller, may declare this agreement cancelled and all rights of Purchaser in and to the interment space herein described forfeited, and the seller may reenter said premises and hold same as of its former estate. Upon such cancellation the Seller shall be released from all obligations both at law and in equity to convey or cause to be conveyed such interment space and property described in this agreement or in any part thereof to Purchaser or to repay to said Purchaser any of the money paid hereunder.
The acceptance of overdue payments, or the waiving of any term or conditions of this agreement by the Seller shall not constitute a waiver of any subsequent payment or provision hereof. In the event of the employment of an attorney by the Seller on account of any violation of the condition of this agreement by the Purchaser, the fees of such attorney shall be payable by the Purchaser.
Any interments made or which may be made in interment space described in this agreement before full payment of the purchase price hereinabove specified shall be only temporary until said principal sum and interest shall be wholly paid, and no rights shall, be reason of said interment or interments, be acquired by Purchaser.
Acceptance of this agreement shall not preclude Seller from filing a claim against the estate of the deceased for whom interment property and or any other charges are provided hereunder and such claim shall not release Purchaser nor prevent the taking of any legal procedure necessary to effect the collections of this obligation.
It is agreed that the obligation of the Seller from filing a claim against the estate of the deceased for whom interment property and or other charges are provided hereunder and such claim shall not release Purchaser nor prevent the taking of any legal procedure necessary to effect the collection of this obligation.
It is agreed that the obligation of the Seller to furnish any of the items listed on the front hereof is the subject to its ability to proceed same.
It is agreed by and between the parties that it is impractical and difficult to fix the actual damage, if any, which may proximately result from a breach of this contract or any error or mistake in connection therewith, and that in case of the failure of the Seller to perform or furnish, or in case of any error or mistake in connection with the services, commodities or property provided hereunder, or any other breach of this contract and a resulting loss, Seller’s liability hereunder shall be limited to the maximum of one hundred dollars as liquidated damages and not as a penalty and this liability shall be exclusive.