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<br /> ARTZCLE VI
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<br /> PARTY WALLS � ; �`�
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<br /> Section 1 . General Rules of Law to A 1 . Each wall built " � �
<br /> as a a$'�i g wal etween separate we lings constructed upon ', �' ' � �
<br /> � the Lots as part of the original construction of homes upon the
<br /> Properties shall constitute a party wall to be used by the ad -
<br /> joining landowners as such , notwithstanding the fact that the
<br /> wall so constructed , through error in construction or settling of
<br /> the wall , may not be located precisely on the dividing line between 3t ,'- '
<br /> the Lots . To the extent not inconsistent with the provisions of
<br /> � this Article , the general rules of law regarding party walls and ' *
<br /> liability for property damage due to negligence or willful acts or
<br /> omissions shall apply thereto .
<br /> Section 2 . Destruction b Fire or Other Casualt . If a � ;
<br /> party wal-1 s destroyed or damaged y ire or ot er casualty °
<br /> to the extent the same is not covered by insurance , any Owner � �^• �w
<br /> who has used the wall may restore it and shall have and there ` ' � ,' �
<br /> is hereby created an easement over the premises of the adjoin - r� ` r''=..'::
<br /> in landowner for the " "•. +�`��'
<br /> a` g purpose of construction of said wall , and ,` ; ; n,� a`y
<br /> if any other Owner thereafter makes any use of the wall by �,;; ; � .,
<br /> commencement of construction on his premises adjoining said f,;' ;
<br /> wall such other Owner shall contribute to the cost of restoration "s°' ' �
<br /> thereof in the proportion in which the adjoining Owner uses the ° . ' " '�;
<br /> wall without prejudice , however , to the right of any such Owners ,'» ' ='
<br /> �� to call for a larger contribution from the others under any rule ' i"' ���
<br /> of law regarding liability for neqligent or willful acts or � � ` '
<br /> omis sions . G u ' �;;
<br /> Section 3 . Weatherproofing . Notwithstanding any other � ,;�
<br />,; provision of this Article , an Owner who by his negligent or ,?;
<br /> willful act causes the party wall to be exposed to the elements , „,:;
<br /> shall bear the whole cost of furnishing the necessary protec- "'> ' , x;
<br />�� tion against such elements .
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<br />�' Section 4 . Right to Contribution Runs with Land . The :;.�
<br /> right of any Owner to contribution from any other Owner under ��.�
<br /> this Article shall be appurtenant to the land and shall pass
<br /> to such Owner ' s successors in title . ri�
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<br /> Section 5 . Arbitration . Zn the event of any dispute aris -
<br /> ing conce� ng a party wall , or under the provisions of this
<br />- Article , such dispute shall be submitted to and determined by
<br /> , a board of three ( 3 ) arbitrators as follows : The party desir-
<br />� ing to have the matter in dispute submitted to arbitration
<br />; shall give the other party written notice of such desire and
<br /> shall name one of the arbitrators in such notice . Within ten
<br />,'� ( 10 ) days after the receipt of such notice , the other party
<br /> e' sha11 name a second arbitrator , and in case of failure so to
<br /> do , the party who has already named an arbitrator , may have
<br /> F the second arbitrator selected or appointed by a judge of the
<br /> N Hall County District Court , State of Nebraska , and the two
<br /> arbitrators so appointed in either manner shall select and ap -
<br />' point a third arbitrator , and in the event the two arbitrators
<br />' so appointed shall fail to appoint the third arbitrator within
<br /> ten ( 10 ) days after the naming of the second arbitrator , either
<br /> party may have the third arbitrator selected or appointed by
<br /> one of said judges , and the three arbitrators so appointed
<br /> shall thereupon proceed to determine the matter in question ,
<br /> P, disagzeement , or difference , and the decision of any two of
<br /> them shall be final , conclusive and binding upon all parties . ' ' �
<br /> In all cases of arbitration , the parties hereto shall each pay
<br /> the expense of its own attorneys and witness fees , and all
<br /> other expenses of :uch arbitration shall be divided equally be -
<br /> tween the parties _ ��'^ �`�
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