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<br /> i PARTY WALL LEASE ,
<br /> This indenture made �nd entered 3.nto this 11��day of November,1907,by and between Jacob Windnagel,a
<br /> widower,of the first part,and Theodore Bern�tein and Wiebke Barnstein,his wife,of the Seoond part,
<br /> �.il partie� being of Hall County,Nebraska,Witnesseth:- That for and in aonsiderativn of the paymen
<br /> of one dollar ( �1.Ot7 and other valuab].e consideratione,paid by, and passing from the e�id Second
<br /> Parties to said First Party,the said First Party doe� hereby demisQ and lea�� unto the Seeond
<br /> Parties,a strip of �round twelve inchee ( 12�� ) wir�o ( or so much th�ereof as may be needed for the '
<br /> purposes hereir�after set forth },along the east boundry line of th� sasteriy tw�nty-two ( 22 ) feet '
<br /> or 1�3),of lot number six ( 6) in block number fifty-seven ( 57),in the ori�n.3.al town now ai�y of
<br /> ; Grand Ssland,Nebraska,commencing at the Third Street line on the SQUtherly sid� of said �.ot :and
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<br /> ( extending norther]�y one hundred and thirty-tti�ro ( 132 ) �'eet,to the alley line on the north eidi
<br /> therof,for the purpose of ere�ting and maintaining a party wall thereon w�.th th� proper footings
<br /> thereunder. And for and in consideration of the payment of one dollar ( �1.00) and other valuable
<br /> Qonsiderations paid by,and pa�sing from the First Party to the Seaond Parties,the Seaond Parties
<br /> ` do hereby demise and 1ea�e unto the First Party,a strip of ground twelva inch�s ( 12�wide ( or so
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<br /> much thereof a� may be n�ed�d for the pur�oses hereinaf'ter set forth) along the west boundry line
<br /> of the westerly twenty-two (,2�) fee� ( or 1�3 ) of lot number seven ( 7),in said bloek fifty-seven
<br /> ( 57),aommencing at the Third Str�et 1in� on the southerly side of said lot and extending northerly
<br />� on� hundred and thirty-two ( 132 ) feet,to the alley line on the north side thereof for the purpose
<br /> � of erecting and maintaining a Party Wall t��ereon with the proper footings thereunder.
<br /> This lease includes a strip of land or ground tv�elv� ( 12) inches wide on either side of the said
<br /> , dividin�; �.ine between said lots six ( b ) and seven ( 7) in said block fifty-seven ( 57 ),;�id �s made
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<br /> for the purpose of recting and maintaing a party wall for a brick or stone building u�on and along
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<br /> s�id line between said two tracts of land, said �Ta11 to� be of brick or stone,the basement wall to
<br /> be not leas t3��an seven ( 7 ) feet deep below sidewaik line,at least s�.xteen ( �6 ) inehes thick with
<br /> proper footings thereunder to make same substantial,the upper wail to be not less than twelve ( 12)
<br /> inehe� th3.ek ( of briek or stone ) and to be built one-half upon �ach ttide of eaid line �.n a good ..�,
<br /> substanti�l mann�r and this lease sha11 eont3nue in forae so long as sa3d wall shall st�nd or ��.
<br /> I either party shall desire to maintain same. It is further a�reed between the partiee ' hereto,that
<br /> whereas the said First Party is now ready to build said wall along a�part of said dividing line,r:.
<br /> and sa�d Second Parties ars not at this t�te ready to� �oin in same,tha.t the said First Part ahsll
<br /> at this time,at his ovm proper and sole expense,build said 9Va11 along and ove� said dividing line
<br /> runnin� from the Third Street l�.ne baek as far as he may at tnis time desire to build eame, and
<br /> that he shall maintain said t�all,after its aompletion,at his o�vn charge and expense so long as he
<br /> is the sole u�er thereof and un�ilthe seaond pa:�ties do �oi.n same with a briek or stone wall on -
<br /> their said premises,after z��hich time the wall,thus �o�.ntly uaed,shall be �ointly maintain�d by
<br /> said parties. it is furtr�er agreed� that when the said Second Parties shall desire to uae or
<br /> utilize said wall or any part thereof for their building as h�rein stated,they aha11 be �llo�ed _
<br /> to at any time,upon the payment,to the �aid First Party,of one-half the proper cost and value
<br /> � thereof,to be determined at the t3me said use: eommenees,and this sha11 apply only to such part of
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<br /> said party wa11 used and utilized by them. In case said parties cannot agree betvv�rea'i thema�elve�
<br /> as to what the aaid value is �t sa�d time,�hey agree that eaeh of them wi11 ohoo�e an arbitrator
<br /> and the two thus cho�en ahalY choose a third arbitratar,and a decision of a ma�ority oP the board
<br /> thus cho�en sha11 determine the value of the wall thus used and the oompen�ation to be paid by
<br /> the Second Parties thereof. Sn case the First Party does not extend his said wa11 to the �lley
<br /> iline bacl� of esid lots above described at this time,then either party hereto,can,at any time,upon I
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<br /> � a thirty days 'written notice to the other party, extend sa3.d party wall a.long said line northeriy
<br />� to the alley or so far as he or they may choose or desire to extend same,at his or their sole
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