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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 />