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<br /> ; P„�RTY �ALL LEA3E. _,_, �
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<br /> � This indenture and lease made and entered into on this 20th day of Januarq,1909,b� and ,
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<br /> ; between Ba ard H.Paine and Grace B.Paine,his wife i�
<br /> Y ,parties of the first part and Douglas Gil- �;
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<br /> � bert and Ida �. Gilber't�iis wife,and Frea E. Gilbert and �a,ry L. Gilbext,his wife,parties of the :,I
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<br /> second part,all of Hall Cour�ty,�Tebraska,Witnesseth: �i
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<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 �;
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<br /> ' Gilbert and Fred E. Gilbert a strip of ground tWelve inches wide (or so much thereof as may ;�
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<br /> �i be needed for the purposes herein s�t forth) ,along and off t�ie weat side of the west one- i�
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<br /> third of lot ATumber Two. in Block Number 63 ,in the original town (now city) of Grand Island, ��
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<br /> ; Nebraska,for the purpose of erecting and maintaining a party ww��..11 thereon �ith proper: foot- �
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<br /> in�s thereunder as herein a fter stated. � '�
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<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
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<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 �
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<br /> % off the east side of the east one-third of Lot Number Three fn Block Number Sixty-three in ;�
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<br /> ;� the original tovvn (no� city) of Grand Island,Nebraska,for the purpose of erecting and main- i; j
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<br /> '' taining a party wall thereon,wi�.th suitable footings thereunder,as hereiz�after stated. This i� '�
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<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' �,
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<br /> ;! wall to be erected a�ong and over eaid dividing line betweer� the t�vo tracte of land owned
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<br />' respectivelq by the first and aeoond parties,as hereinbefore stated,and shall be and eon_ :'
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<br /> ,i tinue in force �so long as aaid wall,when erected,shall stand or �ither party hei�to shall �'
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<br /> �j desire to maintain or l�xtend the same. Said �vall to be built of brick or stone,including ;�
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<br /> !; a Hasement Wall of bri�k �or stone,�ith good,substantial footin�s thereunder to support "
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<br /> ! same� and to be of sufficient strength and thickness to carry at leaet a two-story buildix�g , j
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<br /> i'' all built in a �ood,substantial mar�ner,the center of said wall to be eaactly over the di- i';
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<br />� �� viding line bet�eeer� �id lota above mentioned. • �(
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<br /> ' i And whereae the said second partie�s are now readq to build said wall along the lines �;
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<br /> �' and ugx�n the premises herein described,and the said first parties axe not ready .at this time i)
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<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 ��
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<br /> `� amd mairlained at the sole charge and expense +�f the said secofla parties,as :^..long as th�r ;�;
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<br /> I retain the eole use thereoY. Onlp such part of the land mutually 1 eased herein ahall be �i�
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<br /> � considered used or under the c�ntral of the other party as is actually used in the building ii
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<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 '{
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<br /> they mgy desire so to do u�,on the payraent ,by them,to the said second parties of one-half ii
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<br /> of the value of s�id wall,or such part a$ they desire to use,the value thereof to be det- '
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<br /> i,� ermined at the time when they elect or desire to use same,or such part thexeof as theq map ',i
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<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
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