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subdivision, a provision that lot owners will not be per- mitted to build or install side yard or back yard fences within forty feet (40 ' ) of the back property line of each respective lot. 2. Club agrees to : (a) Convey to Developer a merchantable title in and to the twenty-seven (27) acres hereinbefore described, upon payment by Developer to Club, the original down pay- ment in the sum of $100, 000. 00 . Title shall be evidenced by a standard policy of title insurance (owners and joint protection) in the sum of $661 , 000. 00 . Said conveyance shall be made to Developer, or to its nominee. Developer agrees to give, and Club agrees to accept, a Promissory Note secured by a Deed of Trust for the balance of the purchase price in the sum of $140 , 000. 00 , payable , without interest, as hereinabove set forth. Club further agrees to subordinate said Note and Deed of Trust to an improvement and construc- tion loan , in a sum not to exceed $750 ,000 . 00. The form of said subordination agreement shall be the standard form used by Delta Title Insurance Company, and it is understood and agreed by Developer and Club that said subordination agree- ment is subject to the approval of the improvement and con- struction lender, Stockton Savings- and Loan Association. (b) In respect to the nine-hole golf course herein- above mentioned, Club agrees to provide and pay for the fol- lowing items : (1) Sealer for lakes , in excess of the $6 ,00.0 . 00 allowed in Paragraph 1 . (a) . (2) Pumping plant for sprinkler system. (3) Installation of all sand. (c) Convey proper easements for a domestic water system, storm drainage, and utilities , and all other ease- ments required , pursuant to Resolution R-77-2236 of the Board of Supervisors of the County of San Joaquin, dated Novem- ber 17 , 1977 . Club further agrees , if necessary, to convey to Developer and/or Developer' s assignees easements not to exceed 2 ,000 square feet per lot for the purposes of leach line fields under Club's proposed nine-hole golf course. De- veloper, and Developer' s assignees , covenant and agree that in the event such leach lines extend into Club' s fairways , and in the event repairs or maintenance must be performed in the area encompassed by said easements , then Developer, and/or its assignees , shall replace all grass and shrubbery to' its -3-