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� �� <br /> I�IISCELLAN�OUS RECORD W <br /> 99283-THEAU6UlTINECO.GRANDISLAND.HEBR. . . <br /> AFFIDAVIT r,, <br /> IN THE ATATTER Or T�-IF TI'TLL TC LOT Or;E Ht?I�?DRED SIXTY-P'IVF (165) IN WI;ST LAWIvT, IN THE CTTY OF GRAND ISLAND, <br /> Ir; HALL COi�TTY, I�T�I3�iASKA. <br /> STATE OF 1�'EB'RASKA ) <br /> Eu ene Z Stalnaker and Alma L. Stalnaker bein first dul sworn u on their' <br /> SS. . <br /> g Y <br /> ) g � P <br /> HALL COUNTY ) oaths, depose and say: WE are the owners of record, as joint tenants, of <br />, Lot One Hundred Sixty-five (165) in �aest Lawn in the City of Grand Island <br /> > > <br /> in Hall County, 1�T�braska, a.nd are now in possession ther�of, <br /> Eugene Z. Stalnaker <br /> Alma L. Stalnaker <br /> Subscribed in my presence and sworn to before me, a Notary Public, in and for said County, this 28th day of . <br /> September, 1951, <br /> (SFAL) Florence V. Myers <br /> Notary Public <br /> My commission expires AIJGiJST 27, 1955. <br /> Filed for record this 28 day of September 1951, at 3:00 otclock P.M. G���✓ <br /> � <br /> Register of Dceds <br /> 0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0 <br /> AFFIDAVIT r <br /> STAT� CF I�T�RASY��1 ) <br /> ) SS : 1TPernard M. Grant, being duly sworn, deposes and says that Carl Suesz and Clara <br /> HALL COUNTY" ) Suesz are owners of record of the following described real estate: <br /> Lots Ten (10) and Fleven (11), in Block Three (3), in Pleasant Hill Addition to the City of Grand <br /> Island, in Kall County, Nebraska, <br /> and that they are no�a in possession thereof.�T <br /> Subscribed and sworn to before me this 28th day of September, 1951. <br /> I3ernard M. Grant <br /> My commission expires Aug. 31, 1956. (SFAL) N. H. McKea <br /> potary ab /� <br /> Filed for record this 28 day of September 1951, at 4:00 otclock P. M. ��C���� <br /> Register of Deeds <br /> 0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-00 <br /> SUPPLEMENTAL AGREEMEn?T �,, <br /> � <br /> THIS AGREEMENT made and entcred into this lst day of October, 1951, by and between WALTER J. ERNST, <br /> .�widower art of the first art and AMES WEBB and EVA WEBB his wife art?�es of the second art <br /> , P Y P , 1 � � F P , <br /> WITNESSETH: <br /> THAT WHEREAS, party of the first part is the owner of the Westerly 'It�o-Third� (W2�3) of Lot Four (4), <br /> Block Sixty-three (63), Original Town, now City of Grand Island, Hall County, Nebraaka; and <br /> WHEREAS, ,�ames Webb, one of the parties of the second part, purchased the Easterly One-Third (E1/3) of ' <br /> said Lot Four (4), with other land, frorn the party of the fir�t part pursuant to � contract dat�d January 1$� <br /> 1929, recorded February l, 1929 in Book P. Page 431 of the Records of the Regi�ter of Deeds of Hall County, <br /> Nebraska, and is naw the owner thcreof and has erccted a one-story building on said prem.ises; and <br /> Wf-IEREAS, party of the first part was the owner of the one-story brick building erected on the Westerly <br /> Two-Thirds (W 2 3 of said Lot Four (4) at the time the Easterly One-thixd (E 1 3) thereof was sold to the <br /> � ) � <br /> said Ja,rnes Webb and the contract dated January 18, 1929, rccorded in Book P, Page 431, hereinabove referred <br />� to, provided further that if the said ,james Webb desired to crect a two-story building on the ground <br /> punchased from party of the first part he should have the right to extend said wall upward for such distance <br /> as necessary for that purpose at his own proper cost and expense and further provided for the utilizing of '. <br /> said additional wall, in the event a two-story building was erected by the aaid ,ja.Mes Webb, by party of the ; <br /> first part and providing for reimbursernent of the said James Webb by party of the first part and method of <br /> determining the value �hereof; and <br /> WHEREAS, the said James Webb did erect only a one-story building using the east wall of the building of' <br /> the party of the first part as a party wall and party of the first part is now desirous of erccting an additfonal <br /> story on his building located on the Westerly Two-Thirds (W 2/3) of said Lot Four (4), �.nd no agreement at this r."��°:. <br /> time existing between the parties f or the use of the present party wall by party of the first part for that <br /> purpose, now � <br /> IN CONS IDERATION OF THE SL'M OF Or?E DOLLAR ($1.00) in hand paid, and other good and sufficient <br /> consideration, it is hereby agreed by �i►d between the parties hereto as f ollc�ws: - <br /> Tha� :party of the firat part •shall have the right to extend said party wall��:rnow loc�ted between the <br /> Westerly 'I�io-Thirds (W 2/3) and the Easterly One-Third (E 1/3) of said Lot Four (4), upward f or auch diatance <br /> aa is necessarp for constructing a second story on hi� buildi�g of sufficient structural strength to be used <br /> as a party wall,� the cost thereof to be at first partyts own proper cost and expense and in the event the <br /> owner of the Easterlp One-Third (E 1�3) of said Lot Four (4) should ever desire to utilize the additional <br /> wall constructed by the party of the first part hereto, or ans part thereof, for the purpoac of placing an ��i <br /> additional story upon the building now located on the e�sterly One-third (E 1�3) of said Lot Fcauur (4), h� <br /> shall pay to party of the fir.st part at the ti�xe of utilizing said wall, one-half of the v�.lue of the <br /> -1- additional wall ao constructed by party of the first part and in the event the parties hereto cannot agree <br /> upon the value of the additional wall so eonstruc�ed by the party of the first part, then the value thereof ' <br /> �hall be determined in the same ma.nner as act f orth for determining the value of a wall erected by James <br /> Webb, or assigns, aa aet forth in the Agreerncnt hereinabove referred to, recorded in Book P, p�.ge 431, and :� <br /> such determination ahall be binding upon the parties hereto and partie� of the second part, or as�igns, ' <br /> ' <br />, � <br />