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THIS PARTY WALL AGREEMENT made and entered into this fA day of ; u (V , 2004, by and between 4th & Eddy Plaza, G L.L.C. ("Plaza") and Clifford H. Stohs, Trustee of the Clifford H. Stohs Revocable Living Trust dated December 12, 1996 ( "Stohs "). WITNESSETH: WHEREAS, Plaza is the owner of the real estate legally described as Fractional Lot Six (6) in Fractional Block Seventeen (17), in Rollins Addition and complement Fractional Lot Six (6) in Fractional Block One Hundred Eleven (111) , Railroad Addition in the City of Grand Island, Hall County, Nebraska ( "Plaza Property ") ; and WHEREAS, Stohs is the owner of the property described as Lot Seven (7) in Block One Hundred Eleven (111) in Railroad Addition to the City of Grand Island, Hall County, Nebraska ( "Stohs Property "); and WHEREAS, there is a shared wall on the common line which is the east boundary of the Plaza Property and the west boundary of the Stohs Property; and WHEREAS, the parties desire to enter into this agreement for the purpose of setting forth their respective obligations and rights with respect to said common wall. NOW, THEREFORE, IT IS AGREED by and between the parties as follows: 1. The wall presently existing upon the boundary of the Stohs Property and the Plaza Property as set forth above is hereby declared to be a party wall. Plaza, its successors and assigns, and Stohs, his successors and assigns, shall have the right to use such party wall so long as it shall remain in existence. 2. In the event the party wall shall be damaged or de- stroyed, said wall shall be rebuilt or repaired at the joint and equal expense of the then owners of the Stohs Property and the Plaza Property, provided that any sum received from insurance in respect to such injury or destruction of the party wall shall be first applied to such restoration cost and except that any party -�� rn s c � _4 O s :? fi d'7 n c --r m CD O N O (n O 2 co :; n CD N Z q"� C -ij PARTY WALL AGREEMENT THIS PARTY WALL AGREEMENT made and entered into this fA day of ; u (V , 2004, by and between 4th & Eddy Plaza, G L.L.C. ("Plaza") and Clifford H. Stohs, Trustee of the Clifford H. Stohs Revocable Living Trust dated December 12, 1996 ( "Stohs "). WITNESSETH: WHEREAS, Plaza is the owner of the real estate legally described as Fractional Lot Six (6) in Fractional Block Seventeen (17), in Rollins Addition and complement Fractional Lot Six (6) in Fractional Block One Hundred Eleven (111) , Railroad Addition in the City of Grand Island, Hall County, Nebraska ( "Plaza Property ") ; and WHEREAS, Stohs is the owner of the property described as Lot Seven (7) in Block One Hundred Eleven (111) in Railroad Addition to the City of Grand Island, Hall County, Nebraska ( "Stohs Property "); and WHEREAS, there is a shared wall on the common line which is the east boundary of the Plaza Property and the west boundary of the Stohs Property; and WHEREAS, the parties desire to enter into this agreement for the purpose of setting forth their respective obligations and rights with respect to said common wall. NOW, THEREFORE, IT IS AGREED by and between the parties as follows: 1. The wall presently existing upon the boundary of the Stohs Property and the Plaza Property as set forth above is hereby declared to be a party wall. Plaza, its successors and assigns, and Stohs, his successors and assigns, shall have the right to use such party wall so long as it shall remain in existence. 2. In the event the party wall shall be damaged or de- stroyed, said wall shall be rebuilt or repaired at the joint and equal expense of the then owners of the Stohs Property and the Plaza Property, provided that any sum received from insurance in respect to such injury or destruction of the party wall shall be first applied to such restoration cost and except that any party