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<br /> � ��.10 �C� C���Q� �OC� � ��� O� D � �
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<br /> 37'�.19-0.01PPSBARTLETTGO.�PRINTING���TNO6PpPii1NG,ST11TiONERY:OMAHfl � ! - ` '
<br /> PARTY W�LZ AGAE�ENT.
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<br /> This �ree�ent m€�de and entered into this 7th day of August in �x}� year,1919, by and between
<br /> RicY3.ard I�. �dc�dullin and E�a McA�ullin, his wife �nd Fred Herrell a.nd Rose Herrell, his wife, of
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<br /> the first gart �.nd Geor�e Fi.Z�.nge and P��rl Lange his xife, of the second . p��.rt, 9�IT�TESSF�TH: -
<br /> That for and in consider�tion of the covenants und agreements $s hereinafter set forth the
<br /> p�.rti�s hereto �gree as follows:
<br /> That whereas the parties hexeto are� respectively seized �f p�.xcela of land ad�oining each '
<br /> other in the Village of Doniphan in Ha12 County, Nebraska, s�.id parcel$ of land bein� situ�ted �
<br /> on the Souther2 side of the �,.in Street in the sa�id Villr�e of Doniph�n, Iiall County,Aebr�,$ka, I
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<br /> �.nd being described as follows:
<br /> The real est�.te o� thE first pr�rti�s bein� the ��ster2y Thirty-five (35 y feet of Lot 3 in
<br /> Block 1 of the Originul Town, now City of Doniph�.n, Aebraska, and the real estate of th� second
<br /> parties being the Westerly Forty {40} feet of said Zot dnd Block t�nd the dividing line between
<br /> s.aid �.d,f oi.ning parce].s being a, line parallel with the �e�terly line of said Block 1 and 115 feet ,
<br /> �ast of tY�e said 1�lesterly line of said Block 1, snd
<br /> �hereas the re are now brick buildings loc�ted on the respective p�.rce�ls of land �,nd a brick
<br /> �dll, x�pproximately 12 inches in thickness is nov� and for s�ver�l ye�rs last�. p�.$t has been used
<br /> as a garty wall between the buildin�s loca.ted on the respectiv� pdreels of land, said 'orick wdll
<br /> being locuted approxim�.tely upon the line between said respecti�e narcels of land a.nd bein� approx-
<br /> imately 6 inches �ithin eac2� parcel of land and
<br /> Whereas, the parties hereto arP desirous of enter�.ng into an a.greernent� which will insure
<br /> to e�.ch the right to the unmolested u9e of said w►�.11 during its life and thg ri�ht to extend the
<br />� present wdl]. to the soutn�eriy lot line if either �,�rty hereto desires�
<br /> Now, therefora, it is agreed by a.nd between the pa.rties her�to that the above mentioned wall
<br /> or any extention thereof is and shall be �nd remain a p�.rty v�all.
<br /> Thdt both parties hereto shull h�ve the privilege of extending s�iid wa.11 horizontally or .
<br /> verticdlly at his or her own cost, as the cdse may be, or may re-build the s�,me in case of the
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<br /> ,�artial or totdl destruction, provided, however, tha.t in the svent of a destruction of ?5 � or
<br /> more, in case of r�-bu3.ldin� p�.rticular care shall be exercised to p3��e s�id wr�ll directly u�on
<br /> the line hereinbefore mentioned and de�crib�d, and provided further that when any portion of s�id
<br /> wall or any wal]. so buil� on said line or extended or re-built sh�ll be useci by the party, by
<br />�;- whom tne portion af the wall so used was not built� he or they shall �ay to the paxty who con-
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<br />�i structed the sdme, one-half of the value at the time of such use of the whole t�.ic�ness of the
<br /> I; portion of such wall, includin� the foundation thEreof� so used by him or tY�em and the sum so to
<br />� be paid shall, unti�::pwid rer�in u. charge u�on the land of the �arty 2i�ble �o pay the same.
<br /> i But no ce�renwnt herein conta�ined an�.11 be person�lly binding on any person ar �usrsons, exc�ept ix�
<br /> respect of b�e�.ches committed durin� his or their seiaen, of, or title to, the said est�,te$.
<br />' In case of dispute as to the value of �.ny part of a wall erected by one of the parties hereto
<br /> and later used by the other, such differences shall be submitted to arbittration in the usu�l
<br /> way, that is ea.ch party hexeto choosing one artitratar �.nd the tv�o thus chosen choosing a third,
<br /> I the decision of a.ny two to be bindin� on a.11 the p�rties..
<br /> f It is understood u�nd �reed th�.t �n extention or rebu3lding erected by any of the partiss here-
<br />; tv sh�.11 be of �ood materials �.nd workm�nship and in coniormity with the building laws then in
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<br /> force in the Vill�.�e of Doniphan �.nd in the State of Nebr�ska.
<br />� . The p�.rties hereto £or themaelves, their successors, heixs, ��ecutors, administrators and
<br /> �.ssigns do covena,nt with each other that the agreements herein contain�d sha11 be covenants runn-
<br /> ing tNith the l�xnd �.nd t�at the ri�hts, duties und obligations hereunto of each party a.nd those
<br /> claiming under nim or them sh�.11 ce�se �vith the determination of his o� their ownership of said
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