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PARTY WALL AGREE::'SENT <br /> THIS AGREEMENT made this day of July, 1954, effec- <br /> tive as of July 1, 1954, by and between Grace Bentley Paine and <br /> Bayard H. Paine, wire and husband, hereinafter referred to as the <br /> PAI 1ES, and the West Third Development Company, a Nebraska coreora- <br /> tion, hereinafter referred to as the CORPORATION. <br /> WHEREAS, the PAINES are owner as joint tenants with right <br /> of survivorship of the Westerly Two-thirds (W 2;3) of Lot Three ( 3) , <br /> in Flock Sixty-four (64) of the Original Town, now City, of Grand <br /> Island, in Hall County, Nebraska; and, <br /> WHEREAS, the CORPCRA=IOii is the owner of Lot Four (4) in <br /> sold Flock Sixty-four (64) of the Original Town, now City, of Grand <br /> Island, in Hall County, Nebraska; and, <br /> WHEREAS, in 19 <br /> , 1506, the two above parcel s of <br /> land were re- <br /> spectively owner by George H. :_iller and his wife, and by Claus <br /> Stoltenberg and his wife, and the ownership, in said respective <br /> tracts of land, by successive transfers of title, has massed to the <br /> resent owners, as above designated; end, <br /> WHEREAS, on April 11, 1906,06, a party wall lease agreement <br /> was entered into between the said Liiller and wife and the said <br /> ftoltenberg and wife, providing among other t "in ;S, for a lease to <br /> cn Ol the then owners, by the ad o in i ti <br /> " owners, of a .strip ground <br /> _iC <br /> of r <br /> ^ <br /> eight ( oil ) inches wide and the 1 <br /> u--.;, e er:tire length of said lot, <br /> rtherl;, and <br /> no and southerly, along the : arty line between said <br /> parcels <br /> of land, which said agreement provided i <br /> -,� 1e-- �� cvidea n part as 'ollo::;s. <br /> "It is further agreed t-ent � . <br /> su ��.a 1 shall be built along <br /> said amine so far +r ; <br /> e r� . firet tr c+ <br /> sane shall� '7csi re <br /> to use same and that either party hereto the may have <br /> ex- <br /> tend sai^ well as far i , a s they may c O c at any time under t r uei t-on o� this uson g, _r n t _e other `r y trim - ac ' <br /> notice <br /> in -:,ritiree of such nten sio .. <br /> It further a Tree _ t first� -"��, <., said _rs� Ua.T'ti es are con- <br /> templating <br /> t- e erection of- a wall-- first, tr_e,, shall erect sal d <br /> in a good workmanlike manner as ago 'e stated, <br /> ` s t trr one or <br /> said <br /> wall a <br /> ll to 0: -,^ each side of the .a' d a_vision line as their sole e . <br /> or -o cost and, to be maintained them cis they rEta n the sole of same and the said party of the second ^,art shall have the which is hereby Fronted + Jse, utilize and enjoy aid wall ar p t thereof <br /> at any time they of the first ;=art time may elect ur�,n payment to sa:.i';. <br /> used first _ to one half the roper cost o' the <br /> value thereof „o he determined time <br /> c:es; and in case they cannot agree the � �m e say d use ,-,or ryes, <br /> can o .- ee On said value then each s ,11 <br />