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� �'����� �93
<br /> tims they may eleet, upon payment to the said George Ba.rtenbacri of one half of the value o1' such -
<br /> part of said wall as said parties of tri� first p�.rt ma�r at any time use, such value to be determi d
<br /> at the time when saic� use .commences, and in�vent the parties hereto cannot a,gree upon the value
<br /> of said wall, so utilized by the pa,rties o�' thE first part, they agree to each choose one man and,::�.��-
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<br /> the two thus chosen shall choose a third and the three persons thus electeci shall determine the
<br /> value of said wall so utilized. During the �oint use of said wall the expense of repair� and
<br /> �
<br /> main��rianee sha11 be equally b orne by both parties using and owning the sanle.
<br /> � It is further understood and agreed th�t in the event the partiea oP the �econd part do not at thi
<br /> time extend �aid wa.11 to the Northerly limit oP the premises hereby leased, either party may at
<br /> � any time, extend said wall along s�.icl line as Par as he may desire, at his sole charge and expense
<br /> during his sole use thereof, under the terms and conditions herein prescril�ed for the building oP
<br /> ` sa,id party wall, any such extension shall be built substantially, to corre�pond with �rie wall
<br /> already in exi�tenee and in case either party riereto shauld at any time dee�ire to erect an
<br />�i additional story on the buildings situated on their respective premi�es, S�ch party shall riave the
<br /> . privilege to extend sa,id wall or ax�y part thereof another atory high at hi�l own cost and expense
<br /> ;
<br /> � during his sol� use thereaf, trie oth�r party shall h�.ve the right at any ti:me to use and utilize
<br /> any 'such extension by paying one rialf the cost anc� value of such extension, euch value to be
<br /> � determined in the manner hereinbefore provided, and aPter payment of one ha1P the value oP said
<br /> i _ .
<br /> ? p�.rty wall or ar�y ext�nsion, or �xten�ions, thereoP the �ame shall become the �oint property oP
<br /> the parties hereto, eacri owning one h�,lf ther�of, so Par as the same is �oi,ntly used and paid Por
<br /> by the parties rier�to. Either party desiring to m�ke ar�y sucri extension �hall give to the other
<br /> � paxty thirty day� �vritten notice oP hia intention so to do bePore commencirig work thereon, and it
<br /> �
<br /> is under�tood that only such portion of the premises as axe actually u�ed and occuFied by the part
<br /> � wa11 herein contemplated, or ar�y extension th�reof, shall be considered as cover�d by triis lease
<br /> � Ilto th� extent that th� use thereof can innure to the respective le�sees.
<br /> .; 1 ..�
<br />! iTriat efther party, his heir� or assi�ns owning on either sid� may build sa�d wall higher, thicKer
<br /> � or d�e�per or longer taking due care not to injure th� other owner and doing the work �rholly Prom
<br /> his own side tznless the otrier side be vaca.nt, and doing all that may be neaessary as by caxrying
<br /> up �'iu�s Por chimneys or ventilating shafts, to leav� the other owner as near as may be in as good
<br /> condition a� bef ore, and one h<�,lf oP said addition when used by the ad�oiningF owner to be paid
<br /> f or share and share alik�, but no part of trie cost of s�.id additions shall be due or payable from
<br /> jthe ad�oining owner until used by him.
<br /> �
<br /> fIt is Puxther understood and agreed that the covenants and agreements oP t2�i� lease ahall exten�
<br /> to and be binding upon the assi�ns, heirs and personal representatives of t'he parties.. hereto, as
<br /> covena,nt� running witri th�; land.
<br /> IN WITNESS WHEREOF, the parties h�reto hav� hereunto set their hands in duplicate, the day and
<br /> year Pirst above written.
<br /> Ell� M.Paine
<br /> ' Witness
<br /> � Ira �T.Paine
<br /> Ba.vaxd H.Paine
<br /> ,_� � Geor,�e Bartenbach
<br /> BaYard H.Paine
<br /> Charlott� Bartenb ach
<br /> Stat� of Nebraska, )
<br /> ) SS.
<br /> Hall County, ) BE IT REMEII�ERED, that on this 13th day oP Decamber A.D.1910, befor�
<br /> the undersigned, a Notar3r Public, within ar�. Por said County, personally appeared Ella M.Paine
<br /> ar�d Ira T.Paine, he�husband, p�,rti�s of the Pirst paxt, and George Bartenbach and Charlotte
<br /> Aartenb ach, hi� �ife, parties oP the second part , to me personal�y Known tca bE the identical
<br /> I' persons who si�ned the above and Por�going instrument , a.nd the,y severally acknowl�dged the
<br /> execu�ion oP the �ame to b� their� voluntary act and deed Por the purposes tJherein expreased.
<br /> i+�y commission �xpires Nov 10: 1916
<br /> Witneas rr�y hand a.nd Notarial Seal, at Grand I�l�nd, the date last above w itten.
<br /> Filed Por ecoTd. ay 3rd 1912 at 10 :30 o�clock . ' B�,vard H.Paine
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<br /> (��L) Nofi•arv PubliC
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