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89102091
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Last modified
10/19/2011 11:19:03 PM
Creation date
10/20/2005 9:28:52 PM
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DEEDS
Inst Number
89102091
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r <br />" 102091 <br />b. Mutual Easement. In order to better define the rights <br />of the parties to t e continued use of this joint driveway, <br />Linhart hereby acknowledges the existence of an easement for <br />ingress and egress over the easterly eight and nine tenths feet <br />(8.91) of the real estate owned by him as described above, and <br />the Kerstens- hereby acknowledge the existence of an easement for <br />ingress and egress over the westerly two and nine- tenths feet: <br />(2.9•) of the real estate owned by them as described above,.: <br />7. Use of Joint Driveway. Easement. The jint::d riveway' <br />easement herein acknowledged to exist shall be €err•. the joint use <br />of the parta_e. 66reto and for their visitors, tenants , .l icensees, <br />heirs, sew; e�s.sar and assigns, to permit the ingress- and egress <br />of autom6&:.." and other. f amity - purpm4e vehicles alone with <br />attendant.;iuises thereof..', .'Neither partk hereto, them visitors, <br />tenants, •,L.i:censees, heiss', successors .:br assigns, shall so use or <br />leave any' :,tehicle, or anything -else on said driveway so .as to <br />prevent tfi+e free and uninterrupted use of said driveway by .the <br />other par�Yr- for the purpose for which this joint driveway ease- <br />ment was created. <br />S. Cost of Driveway Maintenance. Each owner of the real <br />estate described above, their heirs, successors or assigns, shall <br />bear one: -half (1/2) of the cost of matntaining the joint driveway <br />in a reasonably good condition, to the-extent it is Lr�ated upon <br />the mutual easement hereinabove described, and such cast of main- <br />tenance shall include reconstruction when reasonably necessary. <br />Notwithstanding the above provisions, the owner of eilther parcel <br />of real estate subject to this agreement causing damage to said, <br />driveway.�hrough negliggnce on the past of the owner themselves <br />or their invitees or egnloyees and agents shall be wholly respon- <br />sible for any stictlr damage resulting fr6r,. any 'such negligence. <br />9.. Rlacovery of 1dwances. Either.of the parties hereto, <br />their hers, successors or assigns, shall have the right to do <br />such work on said driveway and make such repairs thereon as are <br />reasonably necessary to maintain said driveway in a reasonably <br />good coiudl tion, and upon the completion of such repairs, the par- <br />ties maU-ng such repairs shall be entitled to recover from the <br />other parties one -half (1/2) of the cost thereof. , <br />10. Binding Covenant. This Agreement shall be deemed to be <br />a covenant running with the title to the real estate described <br />above and shall be binding upon the parties hereto, and upon <br />their heirs, successors and assigns, so long as either of said <br />above - described lots is used for private residence purposes and <br />provided, however, that this Agreement may be released at any <br />time by appropriate agreement for that purpose entered into <br />between the owners of said lots, duly executed and acknowledged <br />and filed for record in the office of the Register of Deeds of <br />Hall County, Nebraska. <br />3 <br />A <br />t' <br />
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