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200308268 WHEREAS, one subject of the lawsuit involves a dispute over the ownership and use of the property located generally on the boundary where the Best's property adjoins the Wieland property and WHEREAS, Wieland has raised, as an affirmative defense in that lawsuit, inter alia, a claim of adverse possession to some of the property generally along and near the boundary of the Best's property and the Wieland property and WHEREAS, the Best's have entered into a contract of sale of the their property and Wieland's claim of adverse possession creates an impediment to Bests title preventing a the sale of that property, NOW, THEREFORE, the parties agree as follows: 1. The parties agree that the boundary line between the Best's property and the Wieland property is the surveyed lot line. See exhibit "A" attached hereto and incorporated herein by reference. 2. Myrl L. Wieland agrees to withdraw any and all claim of title to any property owned by the Best's by virtue of adverse possession, or otherwise, and will remove any structures, trellises or any other item within five feet of surveyed lot line in conformity with existing City of Grand Island code. 4. The parties agree that the Best's, or their successors in title, will be primarily responsible for the maintenance of the evergreen and blue spruce trees located inside the boundary line between the Best's property and the Wieland property, on the land owned by the Bests, as per the attached survey. 5. Wieland, or his successor in title, agree to allow limited access to his property for the sole purpose of maintaining the aforesaid evergreen trees and the ground immediately below their branches. 6. Wieland specifically reserves any right he may have under Nebraska law to trim branches of the spruce trees draping three feet above the ground or less, to the extent that these branches may extend onto his property. 7. Wieland specifically agrees to sign any other documents which may be required in connection with the sale of the Best's property to a third party. 8. Wieland acknowledges that the lawsuit pending between the parties will not be dismissed as the result of this agreement. Wieland and Bests acknowledge that the purpose of the agreement is to allow the Bests to sell their property to Marris Carda without any encumbrance of title by virtue of any filing made by Wieland. � a j I