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424
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<br /> � PARTX �JALL LEASE�' This Zndenture and lease made and entered into on this 20th day of
<br /> January� 1909� by and between Paul G.�leinhold and Roselie B.Neinhold, his wife� �artios of the
<br /> firat part, and nougla�s rilbert ancl Icia M.Gilbert, his wife, and Fred .E.Gilbert, ana �ary L.
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<br /> Gilbert, his wife, �arties of tha secona part, all of Hall County, Nebraska, �itnesaeth:
<br /> Th�t for and in consideration of the �ayment of One Doll�r by the �econd partie� to the saici
<br /> Paul U.�ieinhold ancl for othar good and valuable congiderations� paid to and passing to hirr� the
<br /> said first parties do hereby ancl by thes� presents demise and iease unto the said nouglass silbert
<br /> and Fred E.silbert, a at rip of �round t�velvs inches �Nide � or so much thereof as may be needed
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<br /> for the purpoaes herein sat forth}, along and off the east side `of the west ons-third of Lot Three
<br /> in Block Sixty-thrae in the original town, ( now City) of Grand Island, Nebraeka� for the nurpose
<br /> of erectin� and maint�ining a narty wall thereon with �roper �footings thereunclor, as hereinafter .
<br /> sta'to�. .
<br /> ,And the seconci �aartie� on their nart, for the consiaeration of 4ne Dollar and other valu-
<br /> able con�iderations paid to anc� pass3ng to the said -pouglass �ilbert and Fred E.Gilbert from the
<br /> first vartiess ao heraby aemise and lease unto the said Paul O.�einizold a strip of �round twelve
<br /> inches wide ( or so much �hereof as may be needed for the purposes therein set forth ) along and � '
<br /> off tne we�t side of the centar one-third of Lot Number Thrae in Block Number Sixty-three in the .
<br /> 4riginal Town t now City } of sranc� I�land, rdebraska, for the purpose of erecting and maintaining �
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<br /> a party wall thereon ��r�th suitable footings thereunder� as nereinafter �tated. This lease incl-
<br /> udas twelve inches of land on each side of the dividing line 'oetween the center one-third and the ' .
<br /> west one-third of Lot Three in �aid Rlock Sixty-ttitc�e and is made for the nurpose of allowing a
<br /> party y��all to be rected along and ov�r saicl clivi�.ing line 'aetv�een the two tracts of land owned .. .
<br />'� respectively by the first and second ��arties , a� hereinbefore stated, and shall be and continue in ,
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<br />'� force so lon� �s saic� wall, TNhen erected, shall stanc� or either �arty riareto shall desire to main- �
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<br /> tain same. Said vrall to 'ae '�uilt of brick or 'stane, includin� a basement wall of brick or stone '
<br /> 14 �4=rith good, substantial footing�t?'iereunclor to su�port same ancl to be of sufficient stren�th and ; ,
<br /> thickness to carry at least a t�NO story buildin� ana to be 'ouilt in a good, substant ial manner,
<br />� the center of same to be exactly ovar -�he diviclin� line k�etween tlic t��ro above de�cribed tracte of
<br />� land. And arhereae the �aid secand ;�arties are naw ready to builcl said wall along the lines
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<br />� and u�on tha� rremi�ea :�erein descri��ed and the first rarties are no� ready, at this time� to 3oin '
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<br /> in said buildin�, it is �greed tliat they ara to e�-ect same as soon as they may desire, one-ha�.f of
<br />� said wall to ue on each sic�e of said ciividing line, the same to be built, ersctad and maintained
<br /> at the eole charge and expQnse of the^e ond parties as long as they retain the sole use thereof.
<br /> Only such part of ths land mutually l.eased herein shall be consiclerecl used or uncler the control of
<br /> the other Party, ae i� actually uged in tile building af said wall. �
<br /> Zt is furtlier a�reecl that the said firtt partiss have trie right, which is hereby granted
<br /> �o them, or eit"r�er of them, to use, utilize and enjoy said wall, or any nart thereof, at an�t time �
<br /> they may ciesire so to ao, upon the payment 'ay the�a to the said secand x�arties af one half of the
<br /> value �f said wa11, or such �art as they rnay deeire to u�e, the value thereof to be dete�mined at �
<br /> the time �rhen they elect or clesire to use same or any part thsreof� �Nhich uae shall include the
<br />. right to join to �aid wall and use any flues or chimneys therein.
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<br />� � In the aven� the partios hereto c�nnot agree u�on the value of said wall or the part used `
<br /> l�y the first �ar�ies, then each narty sh��ll choose an �rbit-rat�r and the two thus choosen shall
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<br /> choo�e a third ancl the findin� of a rnajority of the three as to the value of one-h�lf of the vrall
<br />� ut ilized by the f irst part y shall 'qe 'qinding unon the part ies heret o and f ix i;he amount �o be paid
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<br /> by tne first ��rt�tes to the secancl parties therefor. During ths �oint use of said wall, or any
<br /> �art thereof, by saict rarties, the expense of re�air� and maintainence of the �srt thua jointly �
<br /> usdd, shall '�e equal2y k�orne uy each of said r.arties.
<br /> �he pravisions, conditions and terms of this contract and lease shall be binding upon the
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