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I�IISCELLANEOUS �.ECORD V
<br /> � � �5
<br /> 290a6—THlIlU60lTIMECO.iRAXDIfL11ND,N[BR. - . .
<br /> AF'FI DAVIT .
<br /> STATE OF NEBRASKA)
<br /> ) ss I, Ernest Lep�.n, of Doniphan, Nebraska, do hereby swear and
<br /> COUNTY OF HALL ) affirm that I was personally acquainted with Anabelle Wille
<br /> , � Farabee and that she died during the month of January, 1947, in
<br /> the Lutheran H��pital in Grand Island, Nebraska.
<br /> � Ernest M. Lepin
<br /> Sworn and subscribed to before me, a Notary Public, this 16th day of December, 19�9•
<br /> �
<br />' ( gEAI,) Martha F. Scholz
<br /> o ary u c
<br />• My commis5ion expires 2/6/54
<br /> Filed for record this 19 day of December 19�-9, at 2 :30 o 'clock P.M. �
<br /> � ��
<br />. egister of Deeds
<br /> o-o-o-o-o-o-o_o_o-o-o-o_o-o-o_o-o_o-o-o_o-o-o-o-a_o-o-o-o-o-o-o-o_a-a_o-o-o-o-o-o-o-o-o-o
<br /> AGREEMENT �
<br /> This agr�ement is �nt�red into �his l�th day of November, 19�9, b�tw�en Herb�rt
<br /> Joseph and Mary Joseph, eaeh in his and her own righ� and as spouse of the other, and T. F.
<br /> Sunderru�ier and Mary L. Sundermeier, each in h�.s and her own right and as spouse of the
<br /> other, a� first par�3.es, and Roy D. Martin, as the second party, in consideration of �he
<br /> , con�ract betwe�n �erbert Joseph and Mary Joseph and R. D. Martin f or the sale and purchase
<br /> of �he wes�erly twenty-two (22) feet of �he nor�herly six�y-s3.x (b6) feet of Lot Fourt (��
<br /> in Block One Hundred Five (10�) in Railroad Addi'�ion to �he city of Grand Isl and, in Hall
<br /> C ounty and Stat� of Nebraska. _
<br /> Tt is understood and agre�d that there is a bu3.lding consisting of thr�e distinet
<br /> units situated on and covering the northerly ,�0 fee� of the northerly 6b fee� of said
<br /> Lot Four (�) and that f or �he purpose of �his agr�emen�: the ea�terly 22 feet of the
<br /> northerly b6 fee'� of said Lo� Four is referred �o ag Tra.ct "A" ; �he w�sterly 22 feEt of
<br /> �he ea,sterly 4� feet of the northerly 66 feet oP said Lot Four is rEferred �o as Tract
<br /> "Bt' ; the westerly 22 feet of the northerly 6b feet of ea�.d Lot Four is referred to as
<br /> Tract "C" ; and the southerly 66 feet of said Lot Four is referred to as Tract "D" .
<br /> Th� fir�t par�ieg her�by grant, dedicate and convey un�o second party and to the
<br /> present and future owncre or owner of Tracts "A" , "B" , and "C" , and their heirs, gucce8sors
<br /> and assigns, a �erp�tual easemen� of pa�sage over the northerly six fe�� of Tract "D" , for
<br /> �he ordinary us�� of a private alley by the present and all fu�ure own�rs of said tractg
<br /> ��Au � ��BE, � ���u � ancl "D" , and the use of their respeetive �gents, servants, and employeeg.
<br /> The first parties hereby gra,nt, d�dicate, and convey unto second party and '�o the
<br /> present and futur� own�r or owners of TractS "A" , "B" , r'C" , and "D" , th�ir heirs, suceessorg
<br /> and assigns a perpetual easaement al.ong, above, through and across �he eas�erly six fee�
<br /> of Tract "D�' f or the installation, maintenance, repair and use of electric, '�elephone,
<br /> sanitary sewer, wa'Ger and �as util3.ties, or any of them, for the benefit of each of said
<br /> Tracts ��A° , ��H" , ��C�� , and D'� .
<br /> The f irs� partiss further agre� tha� sec•ond party, hi� heirs, successors and aesigns
<br /> may at any time hereafter cut off and terminate at the easterly line of Tract "C", the
<br /> 2 easterly and weaterly sanitary ��wer no�r eerving the build�.ng units on such tracts, upon
<br /> ten days� notice in writing to the then owner or owners of Tracts"A" , and "H" . It is
<br /> further agreed that in sueh case the second party, hi5 h�irs, successors, or assigns, may
<br /> enter upon Trac�G "H° �o effec't such cu�-off a� the exp�nse of 5econd party and that the
<br /> san3'Gary sewer now traversing Tract "C" shall not �hereafter be used �Go service Tracts
<br /> uAn or aB�,
<br /> The second party agre�� that th� owner or owners of Tracts "A" , a.nd "B" , �hall hav�
<br /> the right to enter upon Tract "C" to serv3.ce said sanitary s�wer si� 1on� as it sha.11
<br /> traverg� Trac� "C" .
<br /> The f irst partie� further agree tha� second par�y, his heirs, suecesaors, assigns,
<br /> agents, servan�s and employees, at �he expense of 5econd party shall hav� the perpetual
<br /> righ� �o �n'��r upon Tracts "A" and "B" , or either of them, to service, rEpair, mainta3.n
<br /> and use the now �xist3.ng gas and water service lines as are �ointly conneeted to the
<br /> bullding units on Tracts ��A'� � '�B�' � and '�C'� .
<br /> It is further a�r�ed b�tween th� partles h�reto �hat there is one roof covering the
<br /> three units of the build3.ng situated on Tracts "A" , "H", and "C" , and the parties hereto
<br /> mu'�uaZ1y agr�e, f or and with themselves, their heirs, succ�ssors and assigns, tha� if
<br /> it �ha1l. .hereafter become necessary or reasonable to r�pair or rebuild such roof or �he
<br /> roof structur� that the then owner or owners of each respectiv� unit of said building
<br /> shal� at h3,s, her, their or ita expen�e, repair the area of such roof and roof structure
<br /> above and covering his, her, th�ir or its resp�ctive unit �o and including the center of �
<br /> party wall b�tw�en said unit and an abutt�.ng unit.
<br /> It is fur�Gher agreed �hat the un3.ts of the building erec�ed on Tracts "A" , "$" , and
<br /> "C" , are divided by party wa11s, and 3.t is mutually a�reed between firs� par�ies and second
<br /> party aa to the party wall be�ween uni�s on Tracts "B and "C" and the first parti�s .
<br /> b�tween themselves as to the party wall between uni�s on Tra�tg "A" and "B" ; and for their , ..
<br /> heir�, successors, and assigns, that in case either of sa3d pa ty walls shall be totally
<br /> or partly destroyed wi�hout fault of either par�y or should 3,t�become necessary to r�pair
<br /> or rebuild either of eaid wa1.7.s for reason of ordinary wear ankl deterioration, the expEnse
<br /> o�' such repairing or rebuild3.ng shall be born� equally by the then owner or owners of the
<br /> abutting �racts upon wMich such party wa11 stands; provided tha.t if either such party wall
<br /> is dar.�aged, destroyed, or in�ured by the owner or oVrners of one of said tracts, then �he ` ,t.
<br /> 3 expens� of rebu�.lding or repair sha].1 be borne by �uch owner or owners w�.�hout contribution
<br /> by the oz�rn�r or owners of tn� abutting tract. ,
<br /> It is further covenan'�ed and agr�ed that thi� a,greement sha11 be perpe�ual and is an�
<br /> sha.11 be construed as a covenant and covenants running wi�h �he tracts of land herein
<br /> described a� the case may be, and shall bind the respective heirs, 1.ega1 representativea,
<br /> and assigns of the par�ie�.
<br /> WTTNESS our signatures this lOth day of Nov�mber, 19�9•
<br /> Herbert_ JoSeph
<br /> Mary J_oseph
<br /> T. F. Sundermeier
<br /> Mar�___L�_�. _�_S_�un�.erm�i�r
<br /> o��art�in
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