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<br /> First. That the ea.sement of a right of �ray upon,over,and across the southerly � feet of the
<br /> noxtherly �� #'e�t of the �esterly one-third of said Lot 4,in Block 6b,of the Original Town,
<br /> nov� �ity,of Grand Island,in Hall Cbunty,Nebraska,no� a�ned and posssssed by �aid August �Geyer
<br /> by virtue of said written arant record�d in Book 29 of Deeds at Page 27� of the deed recoxds '
<br /> of Ha11 Caunty,�Tebr�s'�a,sh�_11 in no manner be affected, interfered with,or impa.ired by reason
<br /> of anythin� herein ecntained,until the party of the seeond part, ite suecessor or assigna,has
<br /> fully performed all and singular the covenants and agreements herein contained and by the party
<br /> of the second part to be kept and perfflrrned,except such interference as is necessarily ineid�nt
<br /> to the aetual o� nstruction of the bui lding and i�mprovement s herein contemplated by the party
<br /> of the second part. . ,
<br /> . Second. Tha.t in tr�e event the �arty of the secon� part its successor� Qr:a��igns construets -
<br /> a ne�r building upon the premises so ov�ned by it,such buildin� sball be so construeted that �
<br /> there sh�,ll be a ground floor passa,ge �ay from the Locust Str�et sidewalk over and across tha
<br /> southerly £� feet of the northerly F�� fEet .of the westerly one-third of said Lot 4,which �round
<br /> floor passage �ay �hall be not les� than three feet, six inches, in �idth,leading to the cente�
<br /> one-third of said Lot 4,provided,hov�ever,that the party of the second part may close said pa�s-
<br /> age way by a aoor or doors,in �hich event the party of the second part shall furnish ta the '
<br /> p arties of the first part keys to such daor or d�ors,and upon,over,and across which said pas�age
<br /> way said Au„ust �deyer ,his �eirs,executors,administr�.tors ,assigns,agents,_servants,and tenants�'
<br /> shall have a perpetual easement for foot passage,�hich said easement for right of �:�ay purpos�s
<br /> for foot passage is hereby perpetually �ranted for� the use and benefit of said northerlp �� �'eet
<br /> of the center ane-third of said Lot 4,and for the use and benefit of the o�mer ar owners the�eof,
<br /> and his or their heirs,executors,administrators, successars,assign�,agents,servants,employeesa;
<br /> and tenants ,and �t the time of the construetion of said building, in the event the same is
<br /> constructed,the party of the second part shall,at its o�n proper costs ana expense,ex� eava.te 'a ,
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<br /> s�.1�-area�vay of not le�s th�.n � feet in depth from the westerly line af the Locust Street sid�- �
<br /> ��,lk throu�h and across the sau}h�sly � feet of the northerly �� feet of the weeterly t�ro_th�;rds
<br /> of sai�. �ot 4,-�ith supvorting si�ie walls and a supporting �all u�ader the wa11 on the ea.sterl.y�
<br /> ' side of said �-foot surface are�.way,such supporting ��alls to be of brick or concrete,that it '
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<br /> �ill cover said sul�areaway over a.nd across the southerly � feet of the northerly �� feet of th� �
<br /> center one-third of said Lat 4 �ith a substa.ntial concrete and c�ment ievel cover containing ';
<br /> te�o standard side�ralk lights of the dimensions of at least four feet by four feet each ,the tdp
<br />'I � of said cover to be not less th�,n foux inches,nor more than eight inches below the top of th�
<br />� daor �i13 to the rear door of th e building on sait� �r��ises ,auch C04E� to be constructed of
<br /> a su�ficient st�ength to enable th� a�ner or occu�ants of the building on $aid premises to
<br /> use the same for passa�e in goin� to and fram said buildin�,and for carryin� merchandise
<br /> over such cover , fth�,t it �ill construct a suitable drain fQr said cover �.nd conneet sueh dra�n
<br /> ��ith the city sl_ewer ,that it will remove::�'rom said su�areaway alI see�er pipes,drain pipes,
<br /> ; and �ater pipes ,including those serving said northerly �� feet of the center one-third of
<br /> j saia Lot 4,and re-connect the sewer pip es and dra.in pipes servin� said northerly �� feet of the
<br /> center one-third of said Lot 4 �ith the �e�er pipes and �rain pipes serving the building to
<br /> be constructed by it, in such manner as not to interfere with said sub�ra3t �hen completed,the !
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<br /> aetua,l cos� of removing �.nd re-connecting the drain pipes an d serwer pip ea serving exclusivel�
<br /> � the northerly �� feet of the center one-third of said Lot 4 to be �aid by the o�ner or owner�
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<br /> '; of said northerly �� feet of the cs��er one-third. of said Lot �,to the �arty of the second
<br /> a . �
<br /> � part ,as soon �s completed; that it v�ill construct a hoist in the sidewalk �.t the westerly
<br /> ; end of said sub-areav�ay of aimensiflns of at lea$t four feet i�y four feet,approved by the ;
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