AZ vs. CA:20 California Exhibits, Vol. XX; Nos. 4050-4092

page 56

56. 3rd- And it is farther agreed that in all oases • where the party of the first part cells any of said 30,000 shares of stock for cash, the said sum of *5.00 par share shall be paid by it to the party of the seoond part from suoh cash selling price; and that in all eases where any of said 30,000 shares of stock is sold, wholly or partly, on credit, the party of the seoond part is to receive said stun of *5.00 per share' from the last deferred installments or the last moneys collected on suoh sales; in oases of sales so made wholly or partly on oredit, the &aue rate oi' interest shall be provided for on all deferred installments, and the party of the seoond part shall be entitled to the interest earned by or aooruing fron time to time on. the portion of said deferred installments representing said ana of *5.00 per share. 4th- And it is further agreed that the party of the \ first part is to settle semi-annually with the r*rty of the seoond part for all interest collected on si.les, and monthly as to oolleotione on purohase prioe of siook sold. i • And it is farther agreed and understood that said indenture or agreement of July £8, 1908, shall be and remain in fall foroe and effect as to all of its terms and provisions, excepting only as the same is hereinbefore modified. And it is farther agreed and understood that said party of the seoond part does hereby waive and relinquish any and all right which it has to sell or to have the selling prioe or prooeeds of 2,000 shares of the oapital stock of the party of tho first part, or to locate a portion or all the same on any unsold portions of said Blythe Ranch, by virtue of a certain mder.tur* or writln?, dated March 16th, 1911, made by the party of tho first part herein as party oi the first part therein, with the party of the seoond port herein as party of the second part therein, a true copy of which it set forth on pages 42 to 44, both inclusive, of Minute Book No. 1, of the party of the first part, and on pages 66 to 68, both inclusive, of Minute Book flo« 2 of the party of the second part. IN WITNESS WHEREOF, the said parties hereto have hereunto caused their corporate names to be subscribed and their oorporate seals to be affixed by their respective Presidents and Secretaries