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200301029
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Last modified
10/15/2011 3:07:16 PM
Creation date
10/21/2005 3:58:26 PM
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DEEDS
Inst Number
200301029
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200301029 <br />7. Use of Joint Driveway Easement. The joint driveway easement herein acknowledged <br />to exist shall be for the joint use of the parties hereto and for their visitors, tenants, licensees, <br />heirs, successors and assigns, to permit the ingress and egress of automobiles and other family <br />purpose vehicles along with attendant uses thereof. Neither parry hereto, their visitors, tenants, <br />licensees, heirs, successors or assigns, shall so use or leave any vehicle, or anything else on said <br />driveway, so as to prevent the free and uninterrupted use of said driveway by the other party for <br />the purpose for which this joint driveway easement was created. <br />8. Cost of Driveway Maintenance. Each owner of the real estate described above, their <br />heirs, successors or assigns, shall bear one -half (1/2) of the cost of maintaining the joint <br />driveway in a reasonably good condition to the extent it is located upon the mutual easement <br />hereinabove described, and such cost of maintenance shall include reconstruction when <br />reasonably necessary. Notwithstanding the above provisions, the owner of either parcel of real <br />estate subject to this agreement causing damage to said driveway through negligence on the part <br />of the owner themselves or their invitees or employees and agents shall be wholly responsible for <br />any such damage resulting from any such negligence. <br />9. Recovery of Advances. Either of the parties hereto, their heirs, successors or assigns, <br />shall have the right to do such work on said driveway and make such repairs thereon as are <br />reasonably necessary to maintain said driveway in a reasonably good condition, and upon the <br />completion of such repairs, the parties making such repairs shall be entitled to recover from the <br />other party one -half (1/2) of the cost thereof. <br />10. Binding Covenant. This Agreement shall be deemed to be a covenant running with <br />the title to the real estate described above and shall be binding upon the parties hereto, and upon <br />their heirs, successors and assigns, so long as either of said above - described lots is used for <br />private residence purposes and provided, however, that this Agreement may be released at any <br />time by appropriate agreement for that purpose entered into between the owners of said lots, duly <br />executed and acknowledged and filed for record in the office of the Register of Deeds of Hall <br />County, Nebraska. <br />IN WITNESS WHEREOF, the undersigned have executed this Agreement on this date <br />first noted above. <br />Charlene Fila <br />I <br />Dax J. Car son <br />san M. Carlson <br />
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