|
� � �m =
<br /> . ,�_ - = D Z � _ �
<br /> rn cn � `
<br /> � = cn cy� �
<br /> � � � � �
<br /> � ::J
<br /> r '.1� � �► ��
<br /> �„ ' � `,� rp :t� � rr� 0 c�"""o
<br /> � A � � ��
<br /> � � � �.. � � � � ��
<br /> � �'�' z °'
<br /> �.1 , , . z. r,.� �„_,c.�
<br /> 1--;.
<br /> "1 i'; �; � r-�— � p v�i
<br /> � 99 109396 L' `' �� `�� w�
<br /> ,� �� �-�b-- c,p �
<br /> PARTY WALL AGREEMENT `� �' �
<br /> u' � a
<br /> This Party Wall Agreement ("Agreement") is made and entered into as of this �f�+�day `
<br /> of S��h�fl1 , 1999, by and between Mid-Country Trading, LLC, a Nebraska limited �/ 1�
<br /> liability company, ("Mid-Country") P.O. Box 139, Grand Island, Nebraska 68802, Breslin °a
<br /> Grand Island Associates, a Nebraska general partnership ("Breslin"), 500 Old Country Road,
<br /> Garden City, New York, and National Bank of Commerce Trust and Savings Association, a
<br /> National banking association("NBC"), P.O. Box 82408, Lincoln,Nebraska 68501.
<br /> WHEREAS, Breslin is the owner of the real property legally described as Lot 1, Park
<br /> Island Square Fourth Subdivision in the City of Grand Island, Hall County,Nebraska("Lot 1");
<br /> WHEREAS, Mid-Country is the owner of the real property legally described as Lot 2,
<br /> Park Island Square Fourth Subdivision in the City of Grand Island, Hall County, Nebraska ("Lot
<br /> 2"), immediately adjoining Lot 1 to the north;
<br /> WHEREAS, NBC is the beneficiary of a Deed of Trust dated N o v emb e r 3 p 1994,
<br /> filed against Lot 1 as Document No. 94-109854 and a Deed of Trust dated S e p t emb e r 2 2
<br /> ,
<br /> 1999, filed against Lot 2 as Document No. 99- �j�(collectively"Debt Instruments"); and
<br /> WHEREAS, a portion of the south wall of the building located on Lot 1 and the north
<br /> wall of the building located on Lot 2 form a common wall and boundary between Lots, 1 and 2
<br /> (the"Party Wa11"); and
<br /> WHEREAS, the parties desire to enter into an agreement outlining their rights and
<br /> obligations with respect to the Party Wall.
<br /> NOW, THEREFORE, in consideration of tlie mutual covenants and conditions set forth
<br /> in this Agreement, the parties covenant and agree as follows:
<br /> 1. Declaration of Party Wall. The Party Wall from now on shall constitute and
<br /> remain a�arty wall.
<br /> 2. Use of Party Wall. The parties shall have the right to use the Party Wall jointly
<br /> with each other. Each party shall have the right to use the Party Wall for the insertion or
<br /> attachment of beams and other structural or finishing materials, or in any other lawful manner as
<br /> a party wall for the benefit and support of any building now or subsequently constructed on the
<br /> party's property, except as provided in paragraph 5 below. However, such use shall not in any
<br /> way injure or impair any adjoining building or the property of the other party, and shall not
<br /> impair the party wall benefits and support to which the adjoining building is entitled, unless the
<br /> other party consents in writing to that use.
<br /> 3. Additions or Extensions to Party Wall. Each party shall have the right to add or to
<br /> extend the Party Wall in any direction, either horizontally or vertically. However, any added
<br /> thickness or height shall not be placed on the property of the other party without the other party's
<br /> prior written consent. Any addition or extension shall 'also not injure the adjoining building, and
<br /> shall not impair the party wall benefits and support to which the adjoining building is entitled.
<br /> All additions or extensions shall comply with all requirements of the laws, ordinances, and
<br /> regulations of the City of Grand Island and the State of Nebraska governing building and
<br /> construction and the construction of party walls then in effect.
<br />
|