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� - PARTY WALL AND JOINT DRIVEWAY AGREEMENT 9 9 112 311 This AGREEMENT made and executed this 27th day of December, 1999 by and between Bruce M Francisco, Jr and Dorothy R Francisco husband and wife, hereinafter referred to as Grantor#1 and Donald L Dav , hereinafter referred to as Grantor#2. WITNESSETH: WHEREAS: Francisco, is the owner in fee simple of that real estate described as. The Southerly Eighty-Two and Seven Tenths (82.7) feet of Lot Five (5), in Block One Hundred Thirty-Four(134), in Union Pacific Railway Company's Second Addition to the City of Grand Island, Hall County, Nebraska WHEREAS: Dav, is the owner in fee simple of that real estate described as: The Northerly Forty-Nine and Three Tenths (49.3) feet of Lot Five (5) in Block One Hundred Thirty-Four (134), in Union Pacific Railway Company's Second Addition to the City of Grand Island, Hall County, Nebraska. WHEREAS, there is a shared garage situated on the common lot line of the real estate parcels described above in respect is located upon and utilizedby the real estate owned by Francisco, Grantor#1 located upon and utilized by the real estate owned by Grantor#2, to which garage access is afforded to each of the parties hereto by means of a joint driveway; WHEREAS, the parties hereto wish to enter into this AGREEMENT for the purpose of setting forth the rights and obligations of the parties in respect to the repair and maintenance of that portion of the garage located upon each separate parcel and the allocation of rights, expenses and maintenance obligations in respect to any common walls which may exist in respect to such garage, and the utilization of the joint driveway. NOW,THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1) Dedication of Partv Wall. Any wall presently existing or hereafter to be built for the purposes of separating that portion of the shared garage allocated to the Grantor#1 real estate from that portion allocated to the Grantor#2 real estate shall be deemed to be a party wall, and both ap rties, their heirs, successors and , his heirs, successors and assigns, shall have the right to use such party wall so long as it shall remain in existence. 2) Unintentional Destruction of Party Wa11. In the event the party wall shall be injured or destroyed at a time when the then owners of the adjoining tracts of real estate described above have not mutually agreed to its destruction or removal,the same shall be rebuilt at the joint expense of the then owners of the adjoining tracts of real estate,provided that any sum received from insurance in respect to such injury or destruction of the parry wall shall be first applied to such restoration. 1 f� .�