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<br /> I�IISCEI�L�AN�OU� RECORD V
<br /> 29058�TN[�UQU�TINECO.GRANDIlLANO.X[!R. ' � ' ���
<br /> PARTY WALL LEASE AND AGREEMENT
<br /> KNOW ALL MEN BY �HESE PRESENTB; That we, James A. Michelson and Tmogene Michelson,
<br /> his wife, hereinafter described as first pa.rties, are the owners of the Westerly
<br /> TwPnty-two (W22) feet af the Easterly Forty-four (E44) �'eet of LOt Seven(7) in B1ock
<br /> Fifty-ei�ht �5�) in the Original Town now City oP Grand Island, Nebraska, and that Otto
<br /> F. Zlornke and Eugenia Zlomke, his wife, as �oint tenants, hereinafter described as second
<br /> parties, are the ownPrs of the Westerly Twenty-tT,ao (W22) feet oP Lot Seven (7) in Block
<br /> Fifty-elght (5�) in the Or3ginal Town now City of Grand Island, Nebraska;
<br /> That the second p�.rtles arP the owners of the ?n�est�rly one-half of the �.aall now
<br /> standing on the line dividing said Westerly 22 Peet of said Lot 7 from the U�esterly 22
<br /> Peet of the EaSterly 4�+ Peet of said Lot 7, and the Pirst parties are the owners of the
<br /> easterly one-ha1P of said wal.l la�t herelnbefore .deseribed, and all of the parties
<br /> hereto desire to ePf eet an agreement betT�aeen themselves with respect to said wa11 for
<br /> the ben�fit and use of the hereinbefore dsscribed premises owned by the second parties
<br /> and the Westerly 22 feet of the Easterly �-�- feet oP said fl�ot 7 owned by firat parties.
<br /> NOW THEREFORE, it is hereby stipulated and agreed by and between the parties
<br /> hereto, that said Pirst par�ies hereby convey unto second pr�rties and undivided one-
<br /> ha1P interast in and to that portion of said wa.11 now situated upon the above-described
<br /> premises owned by first p�,rties and in addition thereto an undivided one-half interest
<br /> in �.nd to the westerly six inches of the Westerly 22 feet of the EastPrly 4� feet of
<br /> Lot 7 in B1ock 5� in the Original Town gnw C1ty of Grand Island, Nebraska, and the
<br /> second parties hereby convey unto said James A. Michelson an undivided one-half interest
<br /> in and to that portion of said wall now situated upon the above-described premises
<br /> owned by second parties on and upon the �a�'�erly �i� in�he� of ths 4�este�ly 22 feet oP
<br /> said Lot 7 and in addition thereto, an �tndivided one-half intPrest in and to the
<br /> Easterly six inches oP the Westerly 22 feet o�' lot �. in B1ock 5� in the Original Town
<br /> now City of Grand Island, Nebraska, said mutual conv�,yances being for the sole and
<br /> express purpose of maintaining a paxty wall thereon for the use and benefit oP the
<br /> respective,�wners oP said abutting re�,l estate which benefits sha.11 be covenants
<br /> running wiath said regpective tracts and the ownership thereof, and for the further sole
<br /> and ex�ress purnose of erecting a wall thereon, which wall shall at no time be less
<br /> than twelve inches in width, one-half thereof to stand u�on the Westerly six inches of �
<br /> � *.;: - " the Westerly 22 feet oP the EasterZy 44 feet of said Lot 7,
<br /> ar��:i the other half' tnereof to stand upon the Easterly 6 inches of the Westerly 22
<br /> feet of said Lot 7.
<br /> IT IS FURTHER STIPULATED AND AGR�'ED between the parties hereto with respect to
<br /> said wall now standin� on said premises �.nd any wa11 to be hereafter built thereon as
<br /> herein contemplated that the Pirst parties and �he second parties shall each pay one-
<br /> half the cost oP all repair and maintenance to said present party wall including
<br /> reoonstruction thereof in the event th�.t the same is damaged or demolished by the
<br /> elements or an,y other cause whatsoever excepting the willful act or riegligence of said
<br /> res�ective owners or their agents; in which last two e�ents, the tot�,1 cost of rebuilding�
<br /> said ��rall. shall be borne by the p�.rty or whose agen�s the wilful acts or r�egligence
<br /> caused the reconstructic�n of said wall.
<br />' It is further mutually agreed between the parties hereto that should either of the
<br /> part,�e�� s o add to a i i�r �1 cona ruction either in an upward direction or to eXtPnc!
<br />' �the �i�,1ley�a utting`�ot�sa�em�s on the north, such additional construction to
<br /> said wall shall be �aid for by the party desiriri�; such eonstruction; in the event the
<br /> party not c�esirin� s�zch construction, shall,� after said aclditional wa11 ahall be so '
<br /> constructed desire to use said additional wall he or they sha11 have the right so �
<br /> to do upon payment to the party ha'v��g made and paid for said additional constr,u�tion,
<br /> one-half of the original cost of �€ald additional construction, upon which payment, .
<br /> both parties sha11 then be the owneres in common of said additionally constructed wall
<br /> and all repairs thereto shall thereaP'�er be borne equally by both parties. -
<br /> Tt is further covenanted and agreed by and between the parties hereto that all oP
<br /> the agreements herein contained sk�all extend to and be binding upon the heirs successors
<br /> and assigns of the p�.rties hereto and each of them and the benefits and abligations
<br /> oP this agreement shall pass with th� title to each oY: said respective 22 foot tracts
<br /> now owned by the �arties to this a�ree���ent hereinbefore described.
<br /> In witness whereoP the parties hereto have set their hands this lst day of March, 1g47.
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<br /> Witness. James A Michelson
<br /> Imogene Michelson
<br /> R S Wenger
<br /> Otto F. 2lomke Jr.
<br /> Eugenia zlomke
<br /> STATE OF NE�3RA"KA )
<br /> SS
<br /> COUNTX OF' HALL )
<br /> On this lst day oP March, A. D. , 1947, peraonally appe�red bePore me, the under-
<br /> signed Notary Pub11c ?aithin and for Hall County, Nehra3ka, James A. Michelson and
<br /> Imogene Michelson, his wife Qtto F. Zlcimke and Eugenia Zlomke, his wif e, who are
<br /> personal.ly known to me to be the identical persons who executed the foregoing Party
<br /> Wall Le�se anc� Agreement, anc�acknowled�ed the execution thereaf to be their vol�zrrtary
<br /> act �nd d.eed for the purposes� therein set forth.
<br /> Witness my hand and. notarial seal at Grand Island Nebraska the date hereinbefore
<br /> first written. My commission expires June 23 19�+7
<br /> R. S. Wenger
<br /> (SEAL) Notary Public ,
<br /> Fi1ed for record this lst day of March 1947, at 1:30 o !clock P. M. �
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<br /> �e�ister of Deeds ,
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