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as joint tenants and not as tenants in common, the 17 foot strip <br /> of real estate described as Tract III, to have and to �old �s.aid <br /> (1, premises together with all tenements, hereditaments and appurtenances <br /> �v� thereto belonging unto said First Parties and to their assigns, <br /> '\ or to the heirs and assigns of the survivor of them forever. <br /> \�o First Parties agree to remove a fence presently located <br /> v along the south boundary of Tract II at their own expense 17 : <br /> feet south and relocate the same on the south boundary of Tract <br /> ,III. Gates shall be located at the same location as now located <br /> as a part 'of this fence and ,such fence shall be reset in substantially • <br /> the same condition it is now in. <br /> Future maintenance and repairs to this fence dividing Tract <br /> III and the real estate owned by Second Parties to the south <br /> thereof shall be at the expense of both parties. <br /> Neither party will construct a fence along the north boundary <br /> line of said Tract II except with the consent of the other party <br /> with Second Parties to have the right to turn around on the 16 <br /> foot strip referred to as Tract II in connection with the farming <br /> of the land to the north thereof, such turn around in no way <br /> to damage the roadbed. <br /> First Parties shall install and maintain a't their own expense <br /> .gates across the west end of Tract II and Tract III . Division <br /> fences between property owned to the north and to the south of <br /> Tract II and Tract III shall be maintained by both parties . <br /> Neither party will erect gates across the east end of Tract <br /> II and Tract III without consent of the other parties and should <br /> both parties desire to close the east end adjacent to the public <br /> road both shall share the cost equally. : <br /> � Neither party will obstruct the road or interfere with the <br /> other parties using the east entrance off the public road or <br /> Second Parties making reasonable use of eith�r gate from Tract <br /> III to land owned by Second Parties to the south thereof or going <br /> to the irrigation well located north of Tract II . <br /> Both Tract II and Tract III shall be used by First Parties <br /> only for road purposes for ingress and egress from the' public <br /> road along the east boundary of the Southeast Quarter of Section <br /> 29 to the land owned by First Parties in said Southeast Quarter. <br /> Construction of such road not to exceed 33 feet in width and <br /> maintenance thereof shall be at the expense of First Parties <br /> except that Second Parties shall pay for any repairs or maintenance <br /> made necessary by reason of their use of any part of said 33 <br /> foot strip included in Tract II and Tract III. <br /> This Agreement shall be binding upon the parties hereto, <br /> their successors, assigns, heirs and representatives, and is � <br /> executed by the respective parties on the dates set forth in <br /> the acknowledgements hereinafter set forth. . <br /> � ; <br /> �.�/,'�,�-i,��`l C_ , r�{��--- � //�' � / � /// <br /> �1_��1A�Q cn-��.z-t--'7/ <br /> Raym�ond E. Stahla Dale E. Weinrich <br /> � � <br /> �i--�-�iZ-h,i,c�_-- <br /> i'1'. _������/� �.1'���� /"//� .����'y''�l.-C�._.� <br /> � Dianne R. Stahla Elnora M. Weinrich <br /> FIRST PARTIES SECOND PARTIES <br /> � -3- <br /> . ��f� <br />