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200301029 NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed 1. Dedication of Party Wall. Any wall presently existing or hereafter to be built for the purposes of separating that portion of the shared garage allocable to the Carlsons real estate from that portion allocable to the Fila real estate shall be deemed to be a party wall, and Carlson, their heirs, successors an assigns, and Fila, her 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 Wall. 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 party wall shall be first applied to such restoration. 3. Continuing Use and Maintenance of Party Wall. At any time after the party wall, or any part thereof, shall be jointly used by the owners of the respective parcels of real estate, the cost of rebuilding and repairing said wall shall be shared equally by the parties, thew respective successors and assigns, it being understood and agreed at all times that such wall shall be maintained in a structurally sound and not unsightly condition while it remains in mutual use. 4. Repair and Maintenance of Shared Garage. Each respective owner of the parcel of real estate shall be solely responsible for the maintenance and repair of the portion of the garage located upon that landowner's real estate and may remove that portion of the garage on such real estate so long as its removal shall be accomplished in such a fashion as to permit the portion of the garage located upon the adjoining parcel to remain intact in the event the adjoining landowner shall not mutually agree to the removal of that adjoining landowner's portion of the garage. So long as the shared garage shall continue to exist in its entirety, each landowner shall be obligated to assure that portion of the shared garage located upon the respective parcel is maintained in a structurally sound and not unsightly condition. 5. Joint Driveway. There is a driveway which has been constructed between the parcels of real estate described above for the joint use and enjoyment of the property owners and to permit access for ingress and egress to the shared garage. Each party hereto confirms that a portion of this joint driveway is located upon the Carlson's real estate and a portion is located upon the real estate owned by Fila and that the unrestricted use of this joint driveway by the owners of the real estate described above and their guests and invitees has at all times been by mutual consent and agreement from the date of its construction. 6. Mutual Easement. In order to better define the rights of the parties to continued use of this joint driveway, Carlsons hereby acknowledges the existence of an easement for ingress and egress over the easterly nine (9) feet of the real estate owned by them as described above, and Fila hereby acknowledges the existence of an easement for ingress and egress over the westerly nine (9) feet of the real estate owned by her as described above.