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�. _ .. y 22�3 assist in the erection thereof, then tha party so desiring to proceed may build said wall at its or nis sole cost and e:cpense. Either r�arty clesiring and eleeting to b�ild said wall before the other is ready may run the sarne back on said leae�d strip so far as he may defair,e and it is � agreed t'hat the other party may at any time th�;rea�'ter use, utilize anc� en�oy said wall so , I erected, by the other party, or any part thereof, by �oining a brick or stone buildin� �neroto, upon payment to the �arty so erecting said �rall oneQ�}alf of the proper cost and v�lue of said wall so used and utilized at the time said use commences; and in cas� said parties heret•o �annot agree upon the value, then each 1��rty sha11 choose an arbitrator and the two thus chosen ghall� �elect a third and a decision of a majority .of said arbitrators shall be final as to. said value. It i$ also a;reea that in case the first narty building upon said leased strip ahall not ', � extend the �vall the entire length thereof, then Qither � �ty may extend the game as far back a1on� said leased stri,� as he chooses at any time, under the conditions of this�. lease, and the other party hereto shall have the ri�ht tc�� use and u�ilize the same at any time upon making I pay�n,ent as herein �rovidecl. 1�hd for a valua'r�le consideration passing from the par�ies of the ' second n�rt �o the party of the first j�art , the receint ��rhereof is hereby acknowledged, t�le said • ��arty of the firs� yaart rrants unto th� said �arties of the second part a perpetuel easement in, �� upon ana over the easterly sixteen (16) ,�eet of �he southerly #'orty-four .(44) of said lot three . '�,' (3) in said block seventy-nine (79) , for the �urnoses of a w`ay over the surface and of laying '� pipes beneath the surface, for the use and benefit of the northerly eighty-oight (88) feet of sa3d lots �hree (�) and four (4) ir� said block seventy-nine (79) , all such pipes to be laid in • aceordance v�itn the ordinances of the city of Grand Island and under the supervision of the �� proper authorities of said city, the o�rner or ov�mera of the northerly eighty-eight (88� feat of � I i said latg three (3) and four (4} to respond in damage� for any in�u"ry occurring to the improve- � ments on the southerly for�y-four (44} feet of said lots �hree (3) and four (4) caused in the � constxuction or by the maintainance of any ana all x�ines across s�id premises . Arid in con- ' f �ideration of the granting of the aforesaia easement across �he eastsrly �ixteen (16,�, fset of the southerly forty-four (4�} feet of said lot thrae (3) by the�said` party of the firat part , I the said parties of the second part here'qy release, cancel and annul any and all eas$ments and servitu�es hereto�`ore granted or resefved in, u�on ox over the said southerly forty-four (44) f e t of said lotg �hree (3) and four (4) for the use and benafit of the northerly ei�hty-eig�it (88) feet of said lots three (;3) and four (4) or any part therQOf . It �s further agread that the � � covenants and aareements herein contained shall be binding upon the heirs, administrators, executor�, assi;ns and successors o�' the xes�ec�ive parties hereto. In �'itnese Whereof the saia The Tndependent Publishing Company of Grand Island, has caused these present� to Ue � si�,ned b�t its President and attested by its Sec�rta-r�,� and its corporate seal to �e hereunto affixed, in pursuance to a resolution of its Board of Diroctors duly pasaed ana ado�ted and the said r�arties of the second �art have hereunta set their hands, all done in duplicate, the day . ► � and year first above written. THE Il`?DEP�AIDENT PIJ�3LISHIi1G COI�IPATIY �F GFtAT1D �SLATdD. In presence of R. R. Horth. By A. F. Buechler it� President . Attest : J. R. Fu ton, its Secertary. S. C. Huston. �` - (CORP SEAI,) Elula L. �ilbert. - L. C. q�ilbert. > ___�_ _.��--- ----- . -_ _____ .. _ , � ___�- - _ _