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<br /> I�IISC�LI�AN�OUS RECORD V
<br /> 290E8-iXi11YC0{TINECO.GRANOISMND,N!!H. � � ' .
<br /> NEBRA5KA
<br /> Sta�e af Nebraska, ) ss. �
<br /> County of Hall. ) On this 23 day of May, �950, before me a notary public in and for
<br /> said county persona.11y came the above named James S. Morton who
<br /> is personally known to me to be the identical person whose name is affixed to the above
<br /> instrument as grantor and he acknowledged said instrument to be his voluntary act and deed.
<br /> Witness my hand and notarial seal, �he date last aforesaid.
<br /> �S�) Lucile J. Lukesh
<br /> My commission expires on the 15th day of July, Z955. o�ary ublic
<br /> F11ed for record this 6 day of June 1950, a'� 11: 15 o 'clock A.M.
<br /> � Register of eeds
<br /> o-o-o-o-c_o-o-o-o-o-o_o-o-o_o-o-a-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-oo��
<br /> PARTY WALL AGREEMENT
<br /> This ag.reement is made this 6th day of June, 1950, between The State Bank of Ca3.ro,
<br /> a corporation, as first party, and Earl VJ. Dove and Lulu Dove, as second parti�s.
<br /> 2n consideration of the purchase by second parties as Joint Tenants from firgt party
<br /> of' Lot Four (4) in Block Ten (10) in the Oribinal Town of Cairo, in Hall County in the
<br /> g'�a.tE of Nebraska, together with an undivided one-half interest in the south wall of the
<br /> building now occupied by first party, even though such wall may be ascertained by an exaet
<br /> survey not to st�,nd one-half upon such Lot Four (4) and one-half upon Lot Three �3) in such
<br /> Block Ten (10) , owned and occupied by first party,
<br /> It is hereby agreed by and between the parties hereto for themselves and for and to be
<br /> b3.nding upon their respective successors, assigns, heirs, devisees,and peraonal representa-
<br /> tives, that:
<br /> Second parties in the erection of a bu3.lding upon such Lot Four ��) may in a workman-
<br /> like manner, at their sole expense, and without damage to the building of first party
<br /> standing on Lot Three (3 ) of such Block Ten (10) , attach to and make use of such south
<br /> wall of 9ueh building, as a party wall forever.
<br /> In case either first party, or second pa.rties, or their successors, assigns, heirs,
<br /> or devisees, sha11 at any time desire to build a building longer than the present south
<br /> building wall herein de�cribed, the same may be on a line w3.th the present south wall,
<br /> and if either par�y sha11 at any time� desire to build more than one story high, the wall
<br /> between Lots Four (�-) and three (3 ) may be built on top of and on the same line as such
<br /> present south buildin� wall or any extension thereof, provided that the party so desiring
<br /> to extend horizontally or perpendicul.arly such present south building wall, or extension,
<br /> may do so only in a workmanlike manner without permanent or unnecessary damage to or
<br /> interference with the property of the other and at the expense of such party or parties;
<br /> PROVIDED, further, when either party shall have extended such wall, the otner party shall
<br /> have the right to use it as a party wall upon paying to the other party one-half of the
<br /> original cost of sueh wall and the further cost of att�ching thereto.
<br /> In case a party hereto �hall extend such presen� south wall horizontally or perpendicu-
<br /> larly, such extenaion or extensions may include a window or windows Por so long as the other
<br /> party does not utilize such extension or extensions as a party wall.
<br /> Any such extension shall be of either brick or �ile construction; and any horizontal
<br /> extension shall be supported by 14 inch footing placed at a depth of Four feet within
<br /> the soil.
<br /> In case it shall hereafter become necessary ar advisable to repair or rebuild the -2-
<br /> whole or any portion of such wall or extensions then being used as a party wall, the
<br /> expense of such repairing or rebuilding shall be borne equally by the paxties hereto,
<br /> their successors, heirs, devisees, or assigna; provided '�hat in case of destruction of such
<br /> party wal1, or part thereof, or an attached buildin�, eith�r party shall have the right to
<br /> raze the attached building of such party in lieu of sharing the burden of expense of re-
<br /> building or repairing such wa11 on the same line, of the same size, with the same or similar
<br /> material of . like quality.
<br /> The firs� party hereby grants to second parties, their heirs, devisees, and assigns,
<br />�
<br /> the perpetual right and easement to maintain upon, build upon and use so much of the south
<br /> part of �uch Lot Three �3) as may be required for a party wall and extension or extensions
<br /> in conformity hereto, and the seeond parties hereby grant to first party, its successors
<br /> and assigns, the perpetual right and easement to maintain upon, build upon, and use so
<br /> much of the nor�h part of such Lot Four �4) as may be required for a party wall and extension
<br /> or extensions in conformity hereto, conditioned that no part of the fee oP the soil shall
<br /> _ pass or vest hereby.
<br /> . This agreement shall be construed as a covenant running with the lands herein described.
<br /> This agreement shall be binding upon and is further entered into for the benefit of th�
<br /> successors, assigns, grantees, heirs, devisees, and personal representatives of the parties
<br /> hereto.
<br /> Witness our signatures and the corporate seal of first party the day and year first
<br /> above set out.
<br /> ( CORP) THE STATE BANK OF CAIRO,
<br /> ( SEAL) a corporation,
<br /> by G. C. Raven
<br /> President
<br />��
<br /> FIRST PARTY
<br /> Eaxl W. Dove
<br /> Lulu Dove
<br /> E 0 E .
<br />
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