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<br /> �I� SC ]E��A�T�E��J� ��C ��� LJ
<br /> 21917—The Auguatine Co., County Supplies, Grand Island, Nebr.
<br /> gGREEMENT ,�
<br /> '�i�TS AGREEM�'�1T, rnade and entered into this 20th day of �arch, 19�5, by and between
<br /> Clayton M.Evang and Elizab�th �rans, nusba.nc� and wife, of Hall County, Nebraska, pa.rties af
<br /> the first �.�art, and Chris A. Tiernan and Inez Tiernan, husbanc� and wife, of Hall �ounty, Ne-
<br /> braska, parties of tlle second part:
<br /> WHER�AS, the s�.id parties of the f'irst part are t'r�e ot�rners of the southerly 74. 6 feet of
<br /> Lot TQn (10} in $lock Twenty-Nine (29) in Charles Wa.smer' s Ad�'3tion to the City of arana
<br /> Islat7c�, H�,11 County, Nebr�ska, Yiereinafter referred to as the southerly portion of s��id
<br /> Lo�, ��.nd the p�rties of' the second part are tYie own�rs of the Northerly 57.4 feet of said
<br /> o and herein�,fter referrec� to as the northerly portion of sa.id Lot, and which southerly
<br /> and northerly portion5 are ad,�oining; and
<br /> WHEREAS, a double garage has her. etofore been erected on said premises, one-half on the
<br /> southerly portion of said Lot and on�-half on� the northerly portion, and used by the res-
<br /> pective oti�rners of said two partial lots, with a sin�le concrete driveway extending from
<br /> the e�.st si�.e of s�ic?. gara�e east to Ma�.ison Street, with one-half of sai� dr�vetiaay on
<br /> each si�� of t'r�e d.;.viclin� line be�ta�e�n saic�. pa.rtial lots; and
<br /> �?�R.Ei��, t':.�e aforenamed parties, consic?erin� tlzat it zaill continue to be a_ mutual benefit
<br /> to the o�mprs of said ad,�aining partial lots �to continue to maintain and use said driveway
<br /> ,jointl� so lon�, as a gaxa�e is maint�ined on the two partial lots and used by either or both
<br /> owners tlzerro�', do, f'or �hemselves, tlzeir se�reral heirs, executors, administrators and
<br /> as�i�ns, covenant and a�ree each t�rith th� otner, for the purpose of continuing and main-
<br /> taining anci usin� saic�. driveway �.s aforesaic�, �ha,t p�.rties of t��e firat part r�7ill, and by
<br /> t�ese presents do, �r�,nts;�o part��es of �h� sPCOnc: part an ea.�ernent and right to dr�ve over
<br /> such portian of tie northerly end of t��e southerly por�ion of said Lot 10 as is now use� as
<br /> a mutual �riveway fro� Madison Str°eet to t1Me �arage, and that parties of the second part
<br /> will, and by thAse presents do, gr�.nt �o parties of the first part an ease*n°I�t an� ri�ht to
<br /> drive �v�r such porticn of the southerly end o.i the n�rtnerly portion of said Lot 10 as ia
<br /> now usec? as a mutual d�iveway fro;n Madison Street to the garage.
<br /> The parties her�to also mutually a�ree that each party and his respective suecessors in
<br /> title shall be erititled to use the driveway in cominon, an� t:�e expense of maintaining it,
<br /> togeth�r with s�tch portions of the gax'age as can be considered used mutually sh��ll always
<br /> be equally born by the pax'ties hereto, their respective successors in title and assigns.
<br /> It is further agreed neither party will unnecessarily obstruct, or permit the obstruction
<br /> of said driveway or any part thereof. Shoizld tne land 'nereby sub�j ected to �h3�s easement
<br /> e ver cease ta be used as a driveway, tlzen in such case, the full right and title shall
<br /> revert to the �resent owners or their respeetive successors in title.
<br /> In furtner consideration of the mutual covenant anci agreement of the parties, the p�.rties
<br /> of ti�e first part hereby grant unto parties of the second part, their heirs �.nd assigns,
<br /> an eas�r�ent ove,^ and across the soL?therly portion of sai.d Lot 10 for the maintenance of any
<br /> water anc� gas pipes and other utilities now on said premises serving the northerly portion
<br /> of said Lot 10, �nd the parties of' the second part hereby grant unto parties of th e first
<br /> part, tneir heirs and assigns, an easement over and across the northerly portion of said
<br /> Lot �0 for the maintenance of any sewer pipes, telephones and �lectric light lines and other
<br /> utillties now on said �remises serving the southerly portion of said Lot 10.
<br /> IN WITNESS ���iEREOF, we have hereunto set our hands and seals the day and date first above
<br /> written. �
<br /> Clayton M.Evans
<br /> � Elizabeth Evans
<br /> �tie� of t e irst par
<br /> Chris.A. Tiernan
<br /> Inez R. Tiernan
<br /> ar ie� of t e econ _ �,r�—
<br /> STATE OF NEBRASKA ) On this 20th c?�.y of March, 19�5, before me, the undersign�d, a
<br /> COUTJTY 0�^ HALL ) S�' Notary Public, duly com�issianed and qualified for and residin�
<br /> in s�.id County, personally car.�e Clayton M.Evans and Elizabeth Evans, husband and c,rife,
<br /> being the p�.rties of' the first part herein, and Chris A. Tiernan and Inez Tiernan, husband
<br /> �,nd wife, being the p�x°ties of the s�cond part herein, to m� knoT�rn to be the identical
<br /> persons wnose names are affixed to the for�going instrument as parti�s thereto, and ack-
<br /> nowledged the same to be their voluntary act and deed.
<br /> WITI�SFSu my hand and Notarial Sea1 ths day and year last abave written.
<br /> � A.J.Luebs
<br /> (SEAL) otaxy Public
<br />' My Commission expires July 6, 19�+5
<br /> Filed for record this 23 day of March, 19�+5, at 1:00 o � clock P.M. • �j
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<br /> �egister of ee s
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<br /> POWER OF ATTORNEY j
<br /> �J
<br /> KNOtnT ALL MEN BY THESE PRESENTS: �
<br /> THAT I, Earl J.Ruby, in the United States Army, being de$irous of appointing a peraon
<br /> to act for me a.nd on my behalf on any and all matters of whatsoever kind, nature, or des-
<br /> eripti�n, in which I may have any ri�ht, title, or interest, c�o hereby make, nominate, con-
<br /> stitute, and appoint Alicellen Ruby, residing in said (�rand Island,Nebr. my true and lawful
<br /> attorney-in-fact to act for me and in my stead with full power to sell, tranafer, exchange,
<br /> encumber, alien, or in any other manner whatsoev�r dispose of any part or all of my property
<br /> both real and personal or mixed, and to execute, acknowledge, and deliver good and sufficient
<br /> deeds or other instruments for the eanveyance, transfer, or encumberance of any or all of
<br /> the sa,me; to collect, �ue for, compromise, settle, discharge, quit claim, or otnerwise dispose
<br /> of any clalm, debt, or chose in action, in which I may now or hereafter have any right, title,
<br /> or interAst; ta pay, compromise, settle, or otherwise dischar�e and secure releases from any
<br /> and all obligations, claims, or demands a�ainst me; to negotiate and deliver any and all
<br /> checks, bills of exchan�e, promissory notes, or any and all negotiable or non-negotiable
<br /> instruments; to deposit in my na me and for my account t�rith any bank, banker, or trust company
<br />
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