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J <br />f- -10209 . <br />1 <br />.. <br />I. Dedication of Party Wall.. Any wall presently existing <br />or hereafter to be bullt for the purposes o£ - separat•ing-. that por- <br />tion of the shared garage allocable to the Linhart real es.tate <br />- <br />from that portion allocable to the Kersten real. estate shall be <br />deemed to be a party wall, and Linhart, his heirs, ,.successors and <br />assigns, and Kerstens, their heirs, successors and -signs, shall <br />have the right to use such party wall so long as it'shail remain <br />in existence. <br />2.. Unintentional Destruction of Party Wall. :''.'In the event, <br />the pares wall s a I e n ured or destroyed at a t -ime when the <br />` <br />then vWiers of the adjoining tracts of real estate described <br />above have not mutually agreed to its destruction or removal, the <br />same shall be rebuilt at the joint expense of the'then owners -of <br />the adjoining tracts of real estate, provided that. any sum <br />received from insurance in respect to such injury. or destruction <br />of the party wall shall be first applied to such restoration. <br />to ,Continuing Use and Maintenance of Party Wall. At any <br />time ,after.. the party wall, or any part thereof, shall be jointly <br />used b� the owners of -the respective parcels of real estate, the <br />.; :- ...C.ost of rebuilding and repairing said wall shall be shared <br />"! <br />equally by the parties, their respective successnzs and assigns, <br />r� <br />it be q ,understood. and agreed at all times that Bach wall shall- <br />be maintained in a structurally sound and not unsightly condition <br />while it remains in mutual use. <br />4. Repair and Maintenance of Shared -Gara e. Each respec- <br />tive <br />owner of the parcel. of real ,estate .s _all be solely responsi- <br />ble for the mzintenOnce and ,r6r.ali� cf. the. portion of the garage <br />.1pcated upon 07.a t* - ta'Adowner's teal' estati" <br />and may remove that <br />tp ortion of the . .arage on such heal .estate so long as its removal <br />shall :!3'e accomplish(Ad- in such a falkibn as to permit the portion <br />of the giarage located, upon the adjoining parcel to remain intact <br />in' the event the adjoining landowner 'shall n,-)t mutually agree to <br />the removal of that adjoining landowner's § artion of the garage. <br />So long as the shared garage shall continue to exist in its <br />entirety,, each .landowner shall be obligated to assJre that por- <br />tion of the <br />.shared garage located upon thi? r.•rSgfa tfve parcels is <br />maintained in a strui6turally= sound and not unsightly condition. <br />5. Joint D,tiveway. There is a driveway which has been con'- <br />structed between the parcels of real estate described above for <br />the joint use and enjoyment of the property owners and to permit <br />access f or ingress and egrev3 to the shared garage. Each party <br />hereto confirms that a portion of this joint driveway is located <br />upon the Linhart real estate and a portion is located upon the <br />real estate owned by the Kerstens and that the unres ricted use <br />of this joint driveway by the owners of the real estate described <br />above and their <br />guests and invitees has at all times been by <br />mutual consent and agreement from the date of its construction. <br />2 <br />J <br />