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<br /> � ___ �J48B4-STA7'E JOURNAL COMPANY,LINCOLN,NE$ �- �--�--
<br /> and delivery of these presents ,and upon the delivery to the party of the second pa.rt by the
<br /> party of the first part of his bond in the penal sum of Five Thousand Hollars (�5000.00) ,
<br /> with surety approved by the party of the second part ,conditioned for the faithful performance
<br /> of this contract by said party of the first part ,the sum of Forty-six Hundred Twenty-four
<br /> Doilara and 3ixteen Cents ($��+62�.16). .
<br /> 2.That the party of the first part shall,withaut delay ,remodel said leased premises and
<br /> conver� said theatre building into a store building,not later then July 1.;1926,substantially
<br /> in accordance �ith the plans a'rcd specifications so pr�parred and submitt�id by said Emil Voss ,
<br /> but the party of the first part shall have the right to rnake changes therein,so long as such
<br /> changes do nat cSefeat the purpose of converting said building from its use as a theatre,
<br /> motion picture,vaudeville ,and general theatre purposee,�or anything pertaining thereto , in-
<br /> to a store building,provided,however,that fire party shall expend or cause to be expended a
<br /> sum of not Iess than Three Tnousand Five Hundred Dollars (�3500.00) in the remodeling and/
<br /> or alteration of said precnises from a theatre building into a store building.
<br /> 3.Upon the completion of said alterations in said building,substantially as herein speci-
<br /> fied,the party of the second part shall pay to the party of the first part the further sum
<br /> of One Hundred Tweltte Dollars and. Fifty Cents (�112.50) ,and upon such payments being made,
<br /> said lease under which t�ie party of the second part now holds said leased premises,and aIl
<br /> obligations created by said lease,ghall be ,and the same hereby are,canceled,rendered null and
<br /> void and of no effect ,and botlz parties hereto released fro�n the obligations hereo�.
<br /> 4. It i.s understood and agreed that the said amounts herein paid by second pa,rty shall
<br />� constitute a full and complete payment and release for any and all claims a.nd demands ,liqui-
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<br /> t " dated or unliquidated whether arising under this a greement or under said lease herein mention d,
<br />{ ,
<br /> or whether arising out of the making of any plans,specifications ox estimates of the said
<br /> Voss or others,and in general,for any and all costs, clairos and demands of whatever nature.
<br /> S.Upon the co�pletion of the remodeling of said leased premises,which shall not .be later
<br /> than July 1,1926,and upon tne delivery thereof by the party of the seoond part to the party
<br /> of the first part and the cancelation of eaid lease as herein provided,the party of the
<br /> first part shall have the right to use or rent said preraises for comrnercial purposes,PROVIDED
<br /> HO�VEVER,that neither the party of �he first part nox his lessees,grantees ,nor any one claim-
<br /> ing by,through,or under them,shall for a period of six ( 6) years from the d�,te of the eaecuti
<br /> � of tlie within agreement ,use or permit to be used said premises for motion picture presenta-
<br /> tions ,vaudeville ,drama.,general theatre purposes,or any branch thereof,or anything connected
<br /> with,or pertaining thereto;a.nd the said party of the first part does covenant with the party
<br /> of the second part that neither he ,nor hi� heirs ,executors,administxators and assigns ,nor bi�
<br /> lessees ,grantees,nor any one claiming by,through,or under them,shall ,for a period of six (6)
<br /> i years from the da.te of the execution of the �ithin agreement ,use or permit said premises to b
<br /> ` used for motion picture presentations ,vaudeville ,drama,general theatre purposes,or any branch
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<br /> thereof,or anything conneeted wit h or thereto pertaining. In this connection it is understood
<br /> a.nd agreed that the forebearance of the pa.rty of the first part as to t�e provisions relatin�
<br /> to this paragraph shall be construed and shall be a covenant running with the land and shall
<br /> be binding upon said party of the fir st part ,his heirs,e�ecutors,ad.ministrators,and his less-
<br /> ees ,grantees,andjor any and alI persons elaiming by,through,or under them.
<br /> The parties hereto reepeQtively bind their heirs,executors ,administratars ,succeesors and
<br /> assigns to the faithful performance of the within agreement.
<br /> IN WITTJESS WHEREOF,the party of the first part has hereunto set his hand and the partp
<br /> . , � - � of the second par� has duly caused this to be si�ned in its behalf and its eor-
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