Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-05-06

are actually occupied, then in addi-
ton thereto, and within 10 days
after service on the vendee, a copy
Of such notice shall be served upon
the person in possession Of said
premises; and provided further,
that in case Of such service by
publication as herein provided, the
said notice shall specify the con-
ditions in which default has been
made and stating that at a specified
time, not less than ninety days after
the first publication of said notice,
he will apply to said court for an
order adjudging said contract ter
minated, unless prior thereto the
purchaser, his personal representa-
tives or assigns shall comply with
and perform the conditions then
in default and pay the costs of
service.
If within the time mentioned in
said notice within which the VEN
dee, his personal representatives or
assigns must perform the condi-
tons in default, the vendee COM
plies with such conditions and pays
the costs Of service, the contract
shall remain in full force and eff
feet; but If the yendee fails or
neglects to perform the conditions
in default within the time men,
toned in said notice for such per-
Torrance and to pay the costs of
service, and fails to serve written
objections to the termination of
such contract upon the vendor,
within fifteen days after service of
notice on the vendee, the court
shall, upon motion Of the vendor,
and proof Of service Of said notice,
and in the absence Of any appear
ance upon behalf OF the vendee,
make its order adjudging such con-
tract terminated and said contract
shall, thereupon forthwith, be and
become finally terminated.
The vendee may, within fifteen
days after service Of said notice,
serve upon the vendor, or his attor-
ney, written objections to the max
ing Of any order adjudging the
contract terminated and any legal
or equitable defenses claimed by
him; and if it shall be made to APP
pear to the court upon the appli-
cation and hearing for an order
adjudging the termination of said
contract, that the vendee has, in
addition to the payment of taxes,
insurance and interest, II any,
made and paid for valuable I'M
provements upon the premises, or
paid upon the contract price of
the premises whether to the vendor
or to the owner Of any incum-
brance subject to which the con-
tract was made, or which the con-
tract provides that the vendee, his
successors or assigns shall pay, OF
to both, a sum or sums equal to a
substantial part Of the original
contract price and that the VEN
doris interest Is reasonably secure,
the court may, on taking into con-
Sideration the reasonable value of
the income Of such property, or,
If the property have II income,
then the reasonable rental value
thereof, the efforts and ability of
the Vendee to pay, and all the
facts and circumstances of the
case, by order and upon such terms
and conditions as to it appear just
and equitable, extend the time in
which the vendee may perform the
conditions of the contract in de-
fault, not to exceed one year from
the date of the service of notice of
no event beyond March LIST, 1899.
In case the vendee, in addition
to taxes, insurance and interest.
has paid upon the total contract
price and/or for improvements
upon the real estate an amount
equal to or exceeding 30 per cent
Of the value Of the real estate, or
has made substantial improvements
thereon, in cost or value at the
time of hearing equal to or exceed
ing 80 per cent Of the value Of the
real estate, a showing Of such facts
shall be prima facie evidence that
substantial Improvements have been
made or substantial payments made.
If the vendee shall fail to per-
form the conditions in default, or
any of them, as required and di-
rected by the court to be performed,
said contract shall forthwith be
and become terminated and the
vendor may thereupon apply to
the court for an order adjudging
said contract terminated. on Civ
ing at least ten days written notice
Of such application to the vendee,
served in the manner herein pro-
vided for service of the notice of
for an order terminal
ing the contract. If it shall be |
made to appear to the court, upon
a hearing on said application, that
the vendee has defaulted in per-
forming such conditions, the court
shall make an order declaring said
contract terminated and said con-
tract shall thereupon forthwith be
and become finally terminated.
Section 3. A copy of any order Of
the court made pursuant to this
act may be recorded with the
register Of deeds of the county
wherein the real estate is situated.
Section 4. The provisions Of this
act shall not apply to leaseholds.
This act shall apply only to con-
tracts for deed made prior to April
81, 1888 but shall not apply to con-
tracts made prior to the passage
Of this act which shall hereinafter
be renewed or extended for period
ending more than one year after the
passage Of this act; neither shall
this act apply in any way which
would allow a stay, postponement
or extension to such time that any
right might be adversely affected by