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_ <br /> — `���'"► . :, _ - _ <br /> ,.,,� <br /> �� <br /> _ __ . <br /> . � . _. - -- -;,- -�: �,._ <br /> . . ��M�V`.r�� <br /> _' .__�._W. 'riY ' . .'rf�''i�o.. <br /> ,�4~1Oi44i <br /> --�----�_--� <br /> P�TY MaLL �0�lOQMT <br /> � WHBRBAS, ALVBRNON L. IQJOBPFBL and DARLBNS i. KNOBPFSL, <br /> Husbruzd and wife, (Knoepfels) are the ownera of the following <br /> �_ a� deacribed real eatate: <br /> The Northerly Seventy-six and One-half t76 1/2) feet of <br /> Loti One (i) , in Block Twenty-five (25) , in Russei <br /> Wheeler�s Addition to the City of ara�nd IBland, Hail <br /> F�.. <br /> County, Nebraska; and <br /> - � WHSRBAS, R08ERT J. MARVICKA and TBItRY J. l�1RViCKA, Husband <br /> and Wife, tMarvickae) are the ownere of the following described <br /> -. , . <br /> ��. '.•.\Ni:M1 .....e��. <br /> - �' The Southerly Fifty-five and Five Tentha (55.5) feet of <br /> �'���•�� Lot �ne (1) , in 81ock Twenty-five (25) , in Rueael <br /> _ . ;,:, <br /> - '��,='ti':';�.�='�::-�=:;:,�. Wheeler's Addition to the City of (�rand Island, Hall <br /> ' �'�'Y�� �r ' County, Nebraska; and <br /> f'�tR.�sY'R.y�.�.��.;� .. <br /> � � WHEREAS, Knoepfels are about ta sell the above-described <br /> ��'r,�:x: � � real estate owned by them and there is a building which is a <br /> -- �'x� x"-'JL°'�''�f�� commQn gax�ags ueed by br+th �.+re?FFSrt-.i Pp c�PSCribed above on the <br /> -- �.s ,:_ ..;. <br /> property line between the abdve-described real estate parcels and <br /> '. �` the partiee desire that such center wall of the garage be and <br /> � remain a party wall. The wall extends 18 feet from the Westerly <br /> line of each of the above-described parcels of real eatate in an <br /> . Easterly direction through the center of the common garage. <br /> �•� � � � �� For the reasons set forth above and in conaideration of the <br /> mutual covenants and promises hereinafter set fortla, the parties <br /> ,�,;� agree as follows: <br /> :�� j <br /> 1. The above-described wall shall conetitute a party wall <br /> " from and after the date of the execution of this Agreement by the <br /> '�;, parties and each of them or their successors or aseigns share the <br /> right to use the wall jointly with the owner of the adjoining <br /> tract of real estate. <br /> , 2. Should the party wall at any tfine while in u�e by both <br /> - par.ties as aforesaid be injured or damaged by any cause other _ <br /> than the act and omission of either party, the party wall shall - <br /> be repaired or rebuilt as their joint expense, provided that any <br /> � , sum received from insurance against such injury or destruction - <br /> shall be first applied to such repair or restoration. Should the <br /> � party wall be injured by act or omission of either party, the <br /> :' ..� wall shall be repaired or rebuilt at that party's expense. <br /> , :I�' . � <br /> �� . , 3. This Agreement shall be perpetual and the covenants <br /> '�'� 1 herein contained shall run with both parcels of land above- <br /> � : described, but the Agreement shall not operate to convey to <br /> • • either party the fee of any part of the land owned or to be <br /> � acquired by them, the creation of rights to a party wall shall be <br /> : , the sole purpose of this Agreement. <br /> � 4. This Agreement shall only be terminated by mutual � <br /> - . i. _ written consent of the owners of the owners of the parcels of <br /> • r. � real estate described above. <br /> � 5. This instrument constitutes the entirP Agreement between <br /> ' � I <br /> �� the parties relating to the party wall rights herein granted and <br /> � the obligations herein assumed �nd any oral representations or <br /> �, modificationa concerning this instrument shall be of no force and <br /> effect. <br /> � <br /> � <br />