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<br /> COMMON PARTY WALL AGREEMENT � �
<br /> Agreement made and entered iuto this�_day of�/U c�� L'�'��"' , 1999, by �_
<br /> and between Randal R. Beekman and Kenneth L. Beekman as Co-Personal Representatives of the �
<br /> Estate of Wilma A.Beekman,Deceased(hereinafter referred to as First Party)and Billie D. Swanson
<br /> (hereinafter referred to as Second Party)
<br /> WHEREAS, First Party is the owner of the East '/x of Lot 2, Block 3, Arnold & Abbots
<br /> Subdivision,compliment El/2 Lot 2,Block 14,Bonnie Brae Subdivision to the City of Grand Island,
<br /> Hall County,Nebraska; and
<br /> WHEREAS, Second Party is the owner of The Westerly 33 feet of Lot 2 in Fractional Block
<br /> 14 in Bonnie Brae Addition and its complement fractional Lot 2 in fractioual Block 3 in Arnold &
<br /> Abbotts Addition,both being Additions to the City of Grand Island,Hall County,Nebraska;and
<br /> WHEREAS,there is a garage with a common party wall located on the properties owned by
<br /> First Party and Second Party for which the parties wish to enter into an agreement for the
<br /> maintenance and repair;
<br /> NOW,THEREFORE,in consideration of the mutual promises of and benefits to the parties,
<br /> it is hereby agreed as follows:
<br /> 1. Maintenance and Repair: First Party and Second Party agree to keep the common party
<br /> wall and garages located on the respective properties in good condition and repair for
<br /> such time as the garages remain standing. First Party and Second Party further agree
<br /> to bear equally all costs incurred for the maintenance of the common party wall,
<br /> including, but not limited, to all paint, replacement of wood, cement, nails, labor and
<br /> any and all �ther neeessary expenses incurred in the maintenance of such party wall.
<br /> First Party and Second Party further agree not to destroy the party wall,or any portion
<br /> thereof,withaut the grior written consent of the other and to use any insurance procaeds
<br /> payable as a result of fire or other casualty to ine pariy walt for t�e �n�•Yase o:
<br /> reconstruction of the party wall to that condition ea�isting immediately prior to such
<br /> destruction.
<br /> 2. Term: This Agreement shall run with the land and shall terminate only at such time as
<br /> the owners of the two properties referred to above mutually agree in writing to its
<br /> termination.
<br /> IN WITNESS WHEREOF, the parties have executed this Agreement to become effective
<br /> ou the date above first written.
<br /> ,
<br /> ! �f /
<br /> First Party: r
<br /> Randal R.Beekman,Co-Personal Representative
<br /> ' ` ��GfNERAI NO'fARY•State of Ne�aska
<br /> � MU13.I.E
<br /> First Party: My Comm•Exp.Au4•�,
<br /> Kenneth L.Beekman,Co-Personal Representative
<br /> Second Pa • �
<br /> BiWe .Swanson
<br /> State of Nebras
<br /> county or , `� l(y�' �2c�v..e,.n�zc-2 .
<br /> Subscribed and Sworn to before me a Notary Public this�day of , I�
<br /> 1999 by Randal R.Beekman,Co-Persona:Iiepresentative of the Estate of Wilma A.Beekman,
<br /> Deceased.
<br /> t GENERlu.NOTARY-Stote W Nebnsw ;
<br /> Notar ub IINDA NGUYEN
<br /> �. M�r Comm.E�p. Auq.1�
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