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i ' , � � � � � �°4? i � � � ( ,-� Party �`Ja1Z Agreement � ) This Tnden�ure And Lease made and entered into this 2bth day of 0etober, A.D. 1907,by and between ,x� - Fred H.M3.ehelson and Ethe1 A.A�ichelson,his wife,parties� of the firs� part and Mary Lambert,Lena �ilkins and�Matthew H.V�ilkins,her husband,part�.es of the seeond par�,�litnesseth: ) � That whereas,the said Fred H�MicheT�on,first party and Mary Lambert and Lena �Iilkin�,second pa�i e . _ are the o�mers of ad�oinfng lotG in the c�ty of q�rand Island,Nebr.and: are desirous of�building thereon and of erecting and maintaining a party wQ�1 between the respective bui].dings,now �he�e�o e In considerat�.on of the premises and of one dol3.ar to said eeeond parties 1n hand paid,the receip whereof is hereby aeknowledged,the S21C� �econd parties have and do hereby demi�e and lease unto t e . �� _ $-� Fred H.Miehelson,a strip or p�.eae of land eight (g ) inches �r�de and sixty-six ( 66 ) feet lo , running east and west along the northerly boundary line of the southerly one third of the South � '' ` ' ' H�lf of 1ot one ( 1 ) in Bloek Fifty-five ( 55 ) in the � ' �#s-1 town now City of Qrand Tsland, Nebraska for the purpose and use of ereetin� and maintainin� a party wa11 thereon; and the aaid p�rtiee of the first part in eonsideration of the premises and of one dollar to them in hand paid recei t whereof i� hereb aak ovdled o h re demi e a d 1 ase unto the said Mar p , y n ged,have and d e by s n e Y . ( 66 ) Lambert and Lena Wilk3ns,a strip of land ei,�ht ( g ) incnes wide and sixty-�ix feet long running east and west a2ong the �vutherly boundary of the northerly t�o thirds of the South Half of Lot , One ( 1 ) in Block Fifty-five ( 55 ) in the original town now C�ty of 4rand T�land,Nebraaka for ' the purpose of erectin� and maintaining a party wall thereon. This lease includes a etrip of land eight � � ) inches w3.de arid S�xty-six fest lon� on each side of the boundary line between the , southerly one third and the northerly two �h�.rds of the South Half of said Lot One ( 1 ) in Bloak Fifty-five ( �� ) of the original town now City of Grand Isl.and,Hali County,Nebr; and shall . aontinue in foroe and effeet untii a partit�.on wall is built by either party and thereafter so - long as eaid buildings or either of them sha11 stand;said wall to be built of brick or stone or both brick and atone and and to be sixteen ( 16 ) inche,s in width in the baeement and twelve inc�he in width for the next two storiQS above the bas�rnent and shall be eonstruated in a good,workman like mannar. And Wherea�,t��e parties hereto are Qontemplating building on the above desaribe - , ad�o�.ning fraational lots,it is agreed that either party may proceed with eaid partition Wall but the one� etarting i'irst sha11 oomplete it or so much thereof as he desires to use. It shall be I� ; �, built in� a substantial manner at the sole expense of the party startin� it and shall be ma�ntaine ' by either party hereto so long as either ehall have the sole use of it;said v�a11 to be on the ? � , line betw+�en the tracts,one half on each s3d� thereof. And the other party to this agreement ; shall have the right,which is hereby granted,to use,utilize and en�oy eaid wa11 at any time t�e � other party may eleet upon payrnent to the party hereto who has built of one half of the proper � coet and value of said wa11 to be determined at the time said use aomanenaes if with3.n two years �i from date hereof,but to be paid at allevents within two year�-the agreement being that if either '� party eha11 fail to build and to use said party wall. within two years from date,'the party so � failing ehall nevertheless pay one ha1.f of the value of said wall as determined at that time. And in eaae the parties hereto ean not agree upon the v alue thereof then eaeh shall ahoose an erbitrator and the two so chosen shall seleat a third and the decision of the ma�ority shall ahaii be finai. It i� further agreed that said wa11 shall be buiit along said line as far as the party first aonstruating same shall desire and that either party hereto ma3� have the right � to extend said wa11 as flar as he may ahoose at any time under eonditions in� this lease upon ' . giv�.ng the other party thirty days notice in writing of such inl�ention. It is also� agreed that _ each party hereto shali pay one half the co�t of the entire wall within two years prov3ding sa�d w�ll sha11 not exeeed t�ro stories in height. above the basement. ;._ Tt is further agreed that either party may build upon and extend said �rall one stnry in height _ � under the eonditions in this lea�e and sub�eet to the right of the other party to u�e said atory �..� ` upon p�ying one half the value thereof ae above speeified when his use begir�s. � , .