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400 <br /> • <br /> it <br /> II <br /> the mutual use and benefit of the owners of each half of said above <br /> described lot, and which easement shall be binding upon all parties <br /> hereto, and shall also be perpetual and run with the land; <br /> NOW, THEREFORE, in consideration of the mutual promises <br /> and covenants of, and benefits and privileges to, all of the res- <br /> pective parties hereto, it is hereby mutually agreed by and between <br /> the said respective parties as follows, namely; <br /> 1. Neyharts do hereby grant and convey to Christensen <br /> a perpetual easement and right-of-way on, upon, over, along, and <br /> across the Westerly One-half of said driveway of said above des- <br /> cribed property, and Christensen does hereby grant and convey to <br /> Neyharts a perpetual easement and right-of-way on, upon, over, along, <br /> and across the Easterly One-half of said driveway on said above des- <br /> cribed property, for the joint use and purpose of a driveway and a <br /> sidewalk from the street to and from said garage, which is for the • <br /> mutual benefit of all parties hereto, and neither party shall ever <br /> do anything, or cause or permit anything to be done, or use the <br /> driveway in such a manner, so as to hinder, block, or interfere with <br /> the rights of the other party's use of said driveway and of ingress <br /> and egress to and from said garage. <br /> 2. The said garage is a single building and has no separ- <br /> ation wall in its center, but it does have separate doors. Either <br /> party has the right to tear down his side of said garage, provided <br /> he or she builds at his or her own expense, a proper facing wall, <br /> so that the other party's garage is properly enclosed. Said garage <br /> shall be painted a white color only, unless all parties agree to <br /> some other color. Each respective party shall carry insurance on <br /> his respective half of said garage. Necessary repairs and maintenance <br /> are to be paid for equally between the respective partite. In the <br /> event of fire, windstorm, or other casualty, whereby the garage is <br /> damaged so that it cannot be reasonably used, the respective parties <br /> shall agree as to whether the garage shall be rebuilt, or not, or <br /> whether separate garages shall then be constructed. <br /> 3. The respective parties shall share equally in the <br /> expenses of maintenance and repair of such driveway, including the <br /> removal of snow and ice. The respective parties shall use such drive- <br /> way and garage at their own respective peril and each shall assume <br /> all risks in connection therewith. <br /> 4. This easement shall run with the land and shall inure <br /> to and be binding upon the heirs, executors, administrators, assigns <br /> and grantees of the parties hereto, including specifically all <br /> future owners of the said premises above described. <br /> 5. This instrument sets forth the entire agreement of the <br /> parties he'reto, and shall not be modified, altered or changed, except <br /> by the written agreement of the owners, or their legal representatives, <br /> of both tracts of real estate above described. <br /> IN 'WITNESS WHEREOF, the respective parties hereto have <br /> hereunto -4e- set their hands on the day and year first above written. <br /> WITNESSES: <br /> (11121--tf---fr:2 /71>Lt Zez-P-L-1/ $(17."-• / <br /> Arthur C. Veyha t <br /> - <br /> Vitginia N hart <br /> -2- Veda Christensen <br />