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<br /> I�IISCELL�N��JLJ� RECORD V
<br /> 29058-TN[IIU6tllTINE C0.iR11ND IELAND.NEB R. � .
<br /> ��Thereas, the south wall of sa.id buildin is cons�ruc�Led upon and alonb the dividing �
<br />� line between such Lots �even ( 'j) and Eight (��, Block Ten ( 10) , Original To�an of Cairo, � "
<br /> Nebraska, a.nd occu?�ies a p�.rt of each lot on either side of such dividing line, and, '
<br /> ?�Tnereas, the sa.id John E. Rounds and Ella !�I. Rounds are this day purchasing such Lot
<br /> Eight (�) , Illock Ten (10) , Ori�ina.l To?�rn of Cairo, Hall County, Nebraska, from the first
<br />: parties and desire to use such southerly wall of the building now located upon� Lot Seven
<br /> (7) as the northerly wall of the brick building to be so constructed upon Lot Ei�ht (�} ,
<br /> Block Ten (10) , Origin�.l Town of Cairo, Hall County, Nebraska. '
<br />� �
<br /> NO'�1, THrREFORE, in consideratior. of the mutual promises herein �nade and in consideration
<br /> of the sum of One Do11ar ( ��1.00) to them in hand �a_id, the receipt whereof is hereby
<br /> acknot�rleclged, t��e first narties do for themselves, their heirs, executors, administrators
<br /> and assi�;ns coven�.nt , grant, promise and agree to and ti�rith John E. Rounds and Ella M. Rounds
<br /> and �aith their assigns, and ?��ith the heirs, executors, administrators and assigns of the
<br /> survivor of eithFr that they the said John E. Rounds and Eli�. M. F.ounds their assigns, and
<br /> the heirs �.nd a,ssigns of the survivor of either, shall or may in the erection of the �uilding
<br /> to be built as aforesa_id, freely and lawfully, but in a zaorkmanlike manner, and without dams:ge
<br /> to the propertT,r of s�.id first n�rties, make use of such southerly wa.11 of the said bui7ding
<br /> belon�ing to the first parties, or so much thereof -�.s they may desire, as a party wa11, to
<br /> be constructed and used as such forever.
<br /> It is further agreed tha.t in c�se either p�,rty, their heirs or assi�ns decide to�
<br /> build a, builning longer than trie present tiaall herein mentioned, the same shall be on a line
<br /> ?��ith the nresent T:�rall, and if either n�.rty shall desire to build more than one story hi�h; ,
<br /> the wall sh�.11 be on top of anc� on the same line as the �aresent ��rall or any extension
<br /> thereof; and ��rhen either uarty shall extend the s�.id w�,ll the other r��rty sha.11 ha.ve the
<br /> ri�nt to use the same as a p�rty wall and ,joint the sa.me by pa,ying the other pa,rty one
<br /> half the c�st cf such ��;rt of the ?aall as shall be used. It is unaerstooc! �.nd a�reed that
<br /> the !aall herein described and �,ny extension thereof sha.11 at all times be, and the same
<br /> i s a pa.rty ural l.
<br /> And the said Gus Ericksen and Annie M. Ericksen, his wife, �.nd John E. Rounds and Ella
<br /> M. Rounds, each individually, a.nd �,s spouse of the other, do hereby mutually a..�;ree for and
<br /> with themselves their heirs �,nd assigns that if it sh�,Zl here�fter become necess�x�* or
<br /> desirable to repa.ir or rebuild the T�rhole or any portion of said p�.rty wall, the expense
<br /> of such repairing or rebuilding shall be borne equally by the paxties hereto their heirs �
<br /> or assigns, as to so much, and such portion of said pa,rty wall, as the. pa,rties hereto, their
<br /> heirs and assigns, shall or m�y at the time oF rebuilding or repairing be using in common
<br /> as a na.rty T�,��,11, and tha.t whenever said party wall or such portion thereof shall be rebuilt
<br /> it shall be erected on the same spot and on the sa.me line and be o� the s�me si�e and o�'
<br /> the sa.me or simila.r material and af like auality ?^�ith the t�resent wall. -
<br /> „
<br /> It is further understood and agreed that in case of dam�ge or destruction of said
<br /> wall a.nd anv extension thereof, including the foundation, either paxty, their heirs and `
<br /> assigns, shall h�.ve the righ� to repair or rebuild the said wall �nd said extension and the
<br /> other p�rtJ or ��arties ?�rhenever he or they desire to use the same shall have the ri�ht� to
<br /> do so upon the �ayment of' one half the expense of such repairing or rebuilding.
<br /> It is fvrther understood and agreed by the parties th�.t this agreement shal� be x�erpetual
<br /> and at all times be construed as a eovenant running with the land; and that no p�rt of the
<br /> fee of the soil upon �a�hich the x��.rt,y wall s�ands shall pass or be vested in either p�rty in
<br /> any other m�nner than if this agreemerit ha.d not been made. '
<br />' In T�ritness *�rhereof the parties have� here untb set their h�nds the da.y and yea,r a.bove
<br /> , . , written.
<br /> Gus Ericksen
<br /> ��litr�esses : Annie M. Ericksen
<br /> ��. E. Sorensen John E. Rounds
<br /> ?�l. E. Sorens en Ella M. Rounds
<br /> SiATE OF NEBRASKA)
<br /> ss. On this lOth .day of March, 19�-�, bef'ore me, a Notary Public,
<br /> CO?JTJTY OF HALL ) in and for said County, personally ca.me the above named Gus
<br /> .
<br /> .
<br /> Ericksen and Annie M. Ericksen, husband and �,�ife, John E. Rounds
<br />' and Ell�. M. Rounc�s, husband �,nd ?aife, T�►na �re personally knoTfrn to me to be the identical
<br /> persons T�r':;ose na.mes are affixed to the above instrument as makers a.nd they acknoteledged
<br /> sa:�.d inatrument to be their voluntary act and deed. -
<br /> T�TITPvESS my hand �nd Notarial Seal the date last aforesaid. -
<br /> - W. E. Sorenes en
<br /> ( SEAL) Notary Public.
<br /> n�Iy cornmission ext�ires July 20, 1��-F9. , �J✓
<br /> Filed for record thE 11 da.y of March, 194� a.t �: 30 0 ' clock A. M. ��
<br /> Register of ee s.
<br /> o-�p-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o
<br /> �FIDAVIT
<br /> STATE OF NEBRASKA
<br /> ss.
<br /> C�7UN�Y OF HALL
<br /> Ca.therine E. Dunning, �e�ng first duly sworn, on oath deposes and says that she is the
<br /> wife of Donald L. Dunning, and that she is also kno�dn as Elizabeth E. Dunning, and that she �
<br /> is the sa�e person named as one of the grantees in a certain deed executed, acknowledged
<br /> a.nd delivered to herself and T3onald L. Dunnin� by Minerva 3. Arbogast to Lot Four (1�) ,
<br /> Block Eight (8) in Wallich' s Addition to the ity of Grand Island,Ha11 County, Nebraska,
<br /> recorded in Hoo� 95 of deeds on Page 13 in the office of the Regi�ter of Deeds of Ha11
<br /> County, Nebraska, anc� af�'iant makes this affidavit for the pur��ose of correcting the
<br /> discrepancies in names in said deed and in a mortgage given by affiant a,nd her husband,
<br />�� Dona�d L. Dunning, to The Overland National Bank of Grand Island.
<br /> r k Furt�3er sayeth aff iant not.
<br />����: � Catherine E. Dunnin
<br />�.,. �
<br /> Subscribed in my presence, sworn to before me this �th day of March, 19�8. `
<br /> � (SEAL) Lida Dietz '
<br /> 4'� Cor�mission expires Nov. l0, 19�8 �
<br /> Filed for record this 11 day of Ma_rch, l9�£i, at 1:30 0� c�.ock p,M.Notar Pub ic �
<br /> ':._.�g_s ,_er o e
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