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200102577 <br />portion allocated to the Johnsons real estate shall be deemed to be a party wall and each <br />owner, their heirs, successors and his heirs, succesLsors and assigns, shall have <br />the right to use such party wall so long as it shall remain in existence. <br />2) Unintentional Destruction of Party Wall. In the event the parry wall shall be <br />injured or destroyed at a time when the then owners of the adjoining tracts of real estate <br />described above have not mutually agreed to its destruction or removal, the same shall be <br />rebuilt at the expense of the owner who destroyed the .garage. All insurance received by <br />either party in respect to such destruction of party wall shall be first applied to such <br />restoration. <br />3) Continuing Use and Maintenance of Party Wall. At any time after the parry wall, or <br />any part thereof, shall be jointly used by the owners of the respective parcels of real <br />estate, the cost of rebuilding and repairing said wall shall be shared equally by the <br />parties, their respective successors and assigns, it being understood and agreed at all <br />times that such wall shall be maintained in a structurally sound and not unsightly <br />condition while it remains in mutual use. <br />4) Repair and Maintenance of Shared Garage. Each respective owner of the parcel of <br />real estate shall be solely responsible for the maintenance and repair of the portion of the <br />garage located upon that landowner's real estate and may remove that portion of the <br />garage on such real estate so long as its removal shall be accomplished in such a fashion <br />as to permit the portion of the garage located upon the adjoining parcel to remain intact <br />in the event the adjoining landowner shall not mutually agree to the removal of that <br />adjoining landowners portion of the garage. So long as the shared garage shall continue <br />to exist in its entirety, -each landowner shall be obligated to assure that portion of the <br />shared garage located upon the respective parcels is maintained in a structurally sound <br />and not unsightly condition. <br />5) Joint Driveway. There is a driveway which has been constructed between the <br />parcels of real estate described above for the joint use and enjoyment of the property <br />owners and the permit access for ingress and egress to the shared garage. Each party <br />hereto - confirms that a portion of this jointt driveway is located upon the .Johnson's real <br />estate and a portion is located upon the real estate owned by Callejas and that the <br />unrestricted use of this joint driveway by the owners of the real estate described as above <br />and their guests and invitees has all times been by mutual consent and agreement from <br />the .date of its construction. <br />6) Mutual Easement, In order to better define the rights of the parties to the continued <br />use of this joint driveway, .Johnson's hereby acknowledges the existence of an easement <br />for ingress and egress over the real estate owned by them as described above, Callejas <br />hereby acknowledges the existence of an easement for ingress and egress over the real <br />estate owned by him as described above. <br />