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i A n n (� n n s (� m D fl rn o O -1 O CD s � 2' ry CD Ca c> -n O C r- D 00 co r� O co PARTY WALL DECLARATION cn __j cn WHEREAS, the undersigned, Nitzel & Co., Inc. and El Palenque, Inc., are the present title holders of the following described real estate, to wit: Lot Eight (8) in Block Thirty-one (31), Original Town of Grand Island, Hall County, Nebraska EXCEPTING a tract of land more particularly described in Warranty Deed filed as Document No. 89- 101735; and Lot Seven (7), Block Thirty-one (31), Original Town of Grand Island, Hall County, Nebraska; WHEREAS, there is a common wall dividing both of said properties; and WHEREAS, it is the intention of the undersigned to preserve the east face of the party wall on Lot Seven (7), Block Thirty-one (31), Original Town of Grand Island, Hall County, Nebraska; NOW, THEREFORE, the undersigned hereby state and agree as follows: 1. With respect to that portion of the party wall facing east, there shall be no changes made to said exterior wall without the express written consent of the owners of both above - described tracts. 2. In the event that any changes are made to the exterior wall (i.e. either replacement or repairs of any nature), said replacement and/or repairs shall consist of materials identical, or similar to, the materials now existing, as of the date of this agreement. 3. If it shall become necessary to replace or repair the party wall in any manner, the expense of rebuilding the same shall be borne by the then owners of the fee, in equal proportions, and whenever the party wall or any portion thereof shall be rebuilt, it shall be erected on the same place where it stands and be the same size as when originally' erected. The parties hereto acknowledge that the real estate above described has a unique historical significance and it is the intent of this agreement to preserve the historical integrity of this property, if at all possible. 4. This declaration shall at all times be construed as a covenant running with the land. This declaration shall be binding upon the undersigned, their successors, assigns and grantees. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed this 3 day of , 2001. NITZEL & CO., INC. on Nitzel, President EL PALENQUE, INC. a By vier De La Torre, P sid