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. ,� ���_� <br /> �,I���������'���� � J,���{ �'. ���i,�; � '�?� � <br /> � -,� � _ �J ---,- " � __.�- � <br /> - ------ ---°- <br /> � ------ ---- =--- -_°---_:,_..___.__.._ <br /> ��, ------ _.`__---- I <br /> ; P„�RTY �ALL LEA3E. _,_, � <br /> : I <br /> ; ,� <br /> � This indenture and lease made and entered into on this 20th day of Januarq,1909,b� and , <br /> �� <br /> ; between Ba ard H.Paine and Grace B.Paine,his wife i� <br /> Y ,parties of the first part and Douglas Gil- �; <br /> ,, <br /> � bert and Ida �. Gilber't�iis wife,and Frea E. Gilbert and �a,ry L. Gilbext,his wife,parties of the :,I <br /> � <br /> , ;; <br /> second part,all of Hall Cour�ty,�Tebraska,Witnesseth: �i <br /> !i <br /> That gor an in consideration of the pay�ent of one dollar bq the second parties to the !'� <br /> said Bayard �i. Paine and the recefpt of other good and valuable ��considerations by him,the I� <br /> said first parties do hereby,and bq� these presents,demise and lease unto the aaid Douglae �; <br /> ; ii <br /> ' Gilbert and Fred E. Gilbert a strip of ground tWelve inches wide (or so much thereof as may ;� <br /> � <br /> r <br /> �i be needed for the purposes herein s�t forth) ,along and off t�ie weat side of the west one- i� <br /> li '� <br /> third of lot ATumber Two. in Block Number 63 ,in the original town (now city) of Grand Island, �� <br /> i; �' <br /> ; Nebraska,for the purpose of erecting and maintaining a party ww��..11 thereon �ith proper: foot- � <br /> �; <br /> in�s thereunder as herein a fter stated. � '� <br /> i! <br /> ,� <br /> And the said second parties on their part ,for the consideration of one dollar and other �; <br /> �� valus�,ble considerations paid to and passing to the said Douglas Gilbert and Fred E. Gilbert, !i <br /> !{ �i <br /> � do herebq demise and lease unto the eaid Bayard H. Paine a strip of. ground twelve inches ;� <br /> !� rride ( or so rnueh thereof as may be needed for the purposes herein set forth) ,along and � <br /> � <br /> � � <br /> % off the east side of the east one-third of Lot Number Three fn Block Number Sixty-three in ;� <br />� �� ± � , �i <br /> ;� the original tovvn (no� city) of Grand Island,Nebraska,for the purpose of erecting and main- i; j <br /> ' ( , <br /> '' taining a party wall thereon,wi�.th suitable footings thereunder,as hereiz�after stated. This i� '� <br /> li , <br /> lease includes twelve inchee of land on eaeh side of the dividing line between said Lc�ts �; !i <br /> I Two and Three,in said Block 3i xty-three,and i s made for the purpo se of allo�ving a paxty i' �, <br /> i{ <br /> ;! wall to be erected a�ong and over eaid dividing line betweer� the t�vo tracte of land owned <br /> ;� <br />' respectivelq by the first and aeoond parties,as hereinbefore stated,and shall be and eon_ :' <br /> ' � <br /> ,i tinue in force �so long as aaid wall,when erected,shall stand or �ither party hei�to shall �' <br /> �; <br /> ;i �� <br /> �j desire to maintain or l�xtend the same. Said �vall to be built of brick or stone,including ;� <br /> � (; <br /> !; a Hasement Wall of bri�k �or stone,�ith good,substantial footin�s thereunder to support " <br /> ;� <br /> ! same� and to be of sufficient strength and thickness to carry at leaet a two-story buildix�g , j <br /> ',,j �� <br /> i'' all built in a �ood,substantial mar�ner,the center of said wall to be eaactly over the di- i'; <br /> �; <br /> i; <br />� �� viding line bet�eeer� �id lota above mentioned. • �( <br /> � <br /> ' i And whereae the said second partie�s are now readq to build said wall along the lines �; <br /> ,; <br /> �' and ugx�n the premises herein described,and the said first parties axe not ready .at this time i) <br /> � ,; �� <br /> jij to �oin in said building,it is agreed that they are to ereat same as soon as they may desire� <br /> � j� one_half of said wall to one each side of said dividing line,and same to_built and erected �� <br /> I <br /> , !� <br /> `� amd mairlained at the sole charge and expense +�f the said secofla parties,as :^..long as th�r ;�; <br /> il <br /> I retain the eole use thereoY. Onlp such part of the land mutually 1 eased herein ahall be �i� <br /> ,� <br /> � considered used or under the c�ntral of the other party as is actually used in the building ii <br /> �; o� sai d Wa.11. �1 <br /> �� <br /> - ,� <br /> ; It is further agreed that the said firat parties have the right,which is herebp granted, f'; � <br /> ;, to them,or either of them,to uee,utiliae and en�oy saidve,ll,or any part thereof,at any time '{ <br /> �! <br /> they mgy desire so to do u�,on the payraent ,by them,to the said second parties of one-half ii <br /> i: <br /> li <br /> of the value of s�id wall,or such part a$ they desire to use,the value thereof to be det- ' <br /> li <br /> i,� ermined at the time when they elect or desire to use same,or such part thexeof as theq map ',i <br /> � � <br /> ; desire to use ,which uee shall include the right to �oin to said wall or extend the same a,n- .j <br /> other story or stories and use any flues or �himneys therein. jl <br /> '� In the event the parties hereto cannot agree upon the value of said aall,or the part I� <br /> � thereof used by the first parties,then each party shall ehoose an arbritrator,and the t�ro <br /> � <br /> ,�. <br /> . II � <br /> � <br />