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<br /> now in sueh wall, the same m�.y be done. by and only by each contributir� equally to the expense
<br /> � thereof. However , if but one of such parties his heirs or assigns, desire to so extend duch
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<br />� party wall, then fn that case nermission is hereby granted, but upon consider�.tion that the
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<br /> �� one so electing must be at the entire expene� of such extenaion, do so �,t his o�m risk, and
<br />� before entering upon sueh enterprise must procure to be executed a good and suffieient bond of
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<br /> � indenmity, signed by the party so desirin� to construct such third atory, together with a sure y
<br /> icompany, authorized to do business in this state, the bond to be conditioned for the faithful
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<br /> performance of tne contract on the part of the party heretb desiring to eo construct such
<br /> 1lthird story, tha� he will pay the ez�ense thereof as the work is done and material furnished,
<br /> � and not permit or suffer any laborers� or material Iien or lier�s �o be filed against the prqpe ty;
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<br /> that the usual bond under the Nebr�.ska workmen�s compens�.tion statutes in f�,vor of employees
<br /> ; in�ured in the course of their emp�nyment wi31 be procured; al8o with a f�rther condition
<br /> ; against waste and injury to the other parties' property involved. If, at any time thereafter,
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<br /> � the other party desires to join in the use of said partq wall in the construction of �. third
<br /> s r th n and in that case he must before us�n the same a unto the arty constructin suc
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<br /> ( wall one-ha.lf of the then . ascertained value thereof.
<br /> It is �.lso further provided that before the afore�aid Pizers, their heira or aesigns, ca�n con-
<br /> struct or join Cawtons, or their heirs or assigns, in the construction of such third story,
<br /> he or they must pay to such Cowtons, their heirs or asaigns, the then fair value of the pilast rs,
<br /> used as reenforcements, placed in or against the narty wall, as hereinbefore indicated.
<br /> Whereas, in the construction �,nd erection of the aforesa.id norther2y ��.12, of the here di.eign ed
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<br /> Pizer building, in order that such buiYding mi�ht be provided w�th two area ways, or courts,
<br />' � which eatended from the base, to the top, of the second story, the wall followed the inner
<br /> Ilines of the are�. ways, a,nd not that of the north�rly line of the Pizer tract, thus leavirig
<br />� a space unfinished in the northerly w�.11 for the distance of Quch respeetine area, ways, or
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<br /> courts. Now, in considerat.ion of the covenants to be done and performed by the said. Pizers,
<br /> � the Cowtons hereby agree to extend the herein na.med partition wall f rom the now base of such
<br /> courts for the entire distance now unconstructed of such northerly �v�,ll to the hei�ht of that
<br /> pa,rt of the party vaall naw constructed, and proper�y tied into and �oin�d�. to the present wal ,
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<br /> which new wall construction is to be o� the s�me materi�.l, workmanahip and uniformity as that
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<br /> of the now constructed w� the expense thereof to be borne equ�.11y by the part�es hereto.
<br />' � In further�.nce of the intent and purpose of this party wall lease, it is further agreed that ,
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<br /> the said (�eorge Cowton, and Emma Cowton, his wife, hereby demise and lease unto the said Pize
<br /> and wiYe, the aforesaid northerlysiz inches of ground and that part of the party wall resting
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<br /> � thereon; and the said Phil H.Pizer, and Mable M.Pizer, his wife, hereby demise and lease iuito
<br /> the said Gearge Oowton, and Emma Qov►ton, hig wife, the remainder of suoh p�.rty w�ll and the
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<br /> ground upon �vhich it rests, for the full term hereinbefore provided in this lease and �.gree-
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<br /> i � ment.
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<br /> � During the entire term of this iease the expense of repairs and maintenance of the above des-
<br /> cribed gaxty wall shall be borne equ�,lly.
<br /> This le�.se shall continue and be in full force and effect forever, unle�s the parties hereto,
<br /> or their heirs or assigns, mutually agree, in writing, to a cancellation thereof.
<br />' If, in any case, the parties hereto �,re �unable to agree �.s tca the value, or values, of suoh
<br /> party w all, or any part thereof, to be ascertained and paid by one party to the other, then
<br /> in that case each of said parties shall selec� one arbitrator and the two so seleoted a third
<br /> � the findin� of any two or more thereof being $ufficient.
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