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<br />� OONTRACT OF 5ALE AND PURCHA3E,made and entered into tnis l�th day of January,�929 ,by
<br /> i and between �alter J.Ernst ,hereinafter party of the first part ,and James �Vebb,hereinafter
<br /> j party of the second part ,both of Grand Island,Nebraska,
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<br />_ j WITAT�'3SETFi: That in consi3eration of the sum of Eighteen Thousand Dollars (�$1t� ,000) to
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<br /> i hi� to be paid by the party of the second part ,as hereinafter provided,tbe party of the
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<br /> ;� first part hereby sells _.unto the party of the second part the folloWing described real ea-
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<br /> . ! tate situated in the county of Hall and state of Nebraska,to-wit; The �Pesterly twenty-t�ro
<br /> ' feet of Lot Tnree (3� and the eaeterly twenty-tRO (22) feet of Lot Four (�F) ,in Block Siaty-
<br /> i three ( 63) of the Ori�;ir�al Town ,now City,of Grand Island,together with the hereditaments
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<br /> 1 and appurtenances thereunto belonging ,and including! so muoh of the easterly wall of the brick
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<br /> ; building now situated on the westerly forty-four feet � of said Lot �,as. eatends upon the
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<br /> � easterly one-third of eaid Lot �+,and to furnish to the pa.rty a� the second pe,rt an abstraet
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<br /> i of title to said real eatate shoRin� marketable title thereto in the party of the first part ,
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<br /> and that said premises are free from taxes ,liena,�,nd incumbrancea,and upon payment of sai d
<br /> purchase price ,to convey eaid premises to the party of the aecond pa.rt by warranty deed,
<br /> and p7a.ce tne party of tne seoond part in peaceable poasession of said premises. '
<br /> ' 3aid party of t�e second part hereby purchases from the party of the firs� part said
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<br /> westerly one-third of Lot Three ( 3) and the easterly one-tl�ird of Lot Four (�+j ,in Block
<br /> Sixty-three ( 63) of the Original T�vn,now City ,of (�rand Is1�,nd ,Nebraska,and agrees to pay
<br /> to the pa,rty of the first part thersfor said sum of Ei�;hteen Thouea,nd Dollars (�1� ,000) ,
<br /> payable as follows,to-wit; ��DO on the signin� of these presents ,the receipt whereof is
<br /> hereby ackno�led�ed by the party of the first part ,and �17 ,500 upon the party of the firet
<br /> part furnishing to. the party of the second part an abstract of title to said real estate
<br /> showing that the party ot the first part is the owner of a marketable title to said real
<br /> � estate ,and tlaat said real estate is free from taxes ,Iiens,and incunabrances,and the delivery
<br /> to tne party of the second part by the party of the first part e►f a warranty deed to said
<br /> premi�es.
<br /> And whereas ,said party of t he fixst part has hereto:�'ore constructed a brick. building upon
<br /> the west�rly two-thirds of said Lot �4,the easterly wall of w hich eatends several inchea
<br /> upon the easterly one-thixd of said Lot 4,and that the portioa of said easterly wall which
<br />, is upan the easterly one-third of said Lot �,is hereby conveyEd to the party of the second
<br /> part by the party of the first par� ,and henceforth said easterly �a,ll of said building shall ,
<br /> for all purposes ,be and constitute a party wall betReen the easterly one-third and the wes- I
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<br /> �� terly two-thirds of eaid Lot �,in Block 63 ,of the Original ToKn,now City ,of t�rand I$2and,
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<br /> and the party of the second part hereto sha11 have the right to utilize the s ame as sucb
<br /> i at any tir�e when he shall erect a building upon the westerly one-thirdof $aid Lot j ,and the �
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<br />� easterly one-third of eaid Lot �,and whcn he so erects a buil3in� upon said premises he ehall�j
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<br />�, i� have the right ,at his own expense ,to close up any openings in said easterly wall of eaid ��
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<br /> brick buiiding and if he desires to ereet a two-story building he ehall have the right to !;
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<br /> - eatend said wall upward for auch dietance as�"necessary for tha�C purpose ,at his own proper �
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<br /> � co�t and expense ,anci in the event the owner of the westerly two-thirds of said Lot 4 ehould li
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<br /> � � ever desire to Utilize the additional wall constructed by the party of the second part here- �
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<br /> , i to for the purpose of pZacing an additionalstory upon �he building n�r situated on the west- �
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<br /> j erlyt two-thirds of eaid Lot �F,such owner of the westerly two-thir�s of said Lot 4 sha1l
<br /> � pay to the party of the second part ,at the t ira� � utilizing said wall ,one-half of the value �
<br /> I of the additional wali so constructed by the �ty of the seco nd part ,and in the event the
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