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<br />PARTY WALL AGREEMENT
<br />
<br />THIS AGREEMENT made and executed this /0'" day of Otto /:e.;t ,2006, by and
<br />between ANDREW W. MEIER and NICOLE M. MEIER ("Meier"), Husband and Wife, and
<br />STEVEN D. BOSLE and JUDY L. BOSLE ("BosIe"), Husband and Wife, hereinafter
<br />collectively referred to as "Townhouse Owners".
<br />
<br />WITNESSETH:
<br />
<br />WHEREAS, Meier is the owner of that real estate described as Lot One (1), Amick Acres
<br />West Fourth Subdivision, Hall County, Nebraska;
<br />
<br />WHEREAS, BosIe is the owner of that real estate described as Lot Two (2), Amick Acres
<br />West Fourth Subdivision, Hall County, Nebraska;
<br />
<br />WHEREAS, Townhouse Owners share a common wall located along the common
<br />boundary line between the lots hereinbefore described, that constitutes a part of the structure
<br />comprising a residential duplex;
<br />
<br />WHEREAS, the parties hereto, theirs heirs, successors and assigns shall be bound by the
<br />provisions of this Party Wall Agreement in respect to the maintenance, repair and utilization of
<br />the common wall that is shared by each separate unit of the duplex and is constructed upon the
<br />common boundary line between the lots hereinabove described,
<br />
<br />NOW, THEREFORE, the undersigned Townhouse Owners, in order to protect each and
<br />every purchaser, his successors and assigns, of either lot hereinabove referenced, the following
<br />provisions shall be applicable to such common wall of the existing dwelling structures:
<br />
<br />1. Declaration of Party Wall. Townhouse Owners agree that the dividing wall
<br />common to the existing duplex shall be and constitute a party wall for the two parcels of real
<br />estate hereinabove described so long as the existing duplex residential unit as now constructed
<br />shall not be materially altered or changed in a manner that would negate the necessity of a
<br />common wall.
<br />
<br />2. Location and Extent of Part v Wall. No person shall have the right to add to, or
<br />detract from the party wall in any manner whatsoever, it being the intention that said party wall
<br />shall at all times remain in the same position as when erected.
<br />
<br />3. Obligations Relating to Maintenance of Part v Wall. Ifit shall become necessary
<br />to provide maintenance for preservation of the party wall, all expense of maintaining that party
<br />wall shall be borne by the then owners of each lot hereinabove described, in equal proportions,
<br />and whenever the party wall, or any portion thereof shall be rebuilt, it shall be erected on the
<br />same place where it currently exists and shall be of the same size as when originally erected.
<br />
<br />4. Obligations Relating to Damage or Destruction of Part v Wall. In the event of
<br />damage or destruction of the party wall from any cause other than the intentional act of either
<br />party hereto, or their successors in interest, the then owners shall, at equal expense, repair or
<br />rebuild the party wall, and each party, his successors, heirs and assigns, shall have the right to the
<br />full use of the party wall so repaired or rebuilt. In the event that an intentional act of either party
<br />hereto, or their successors in interest, shall cause damage to or destruction of the party wall, the
<br />party causing damage or destruction to the party wall as a result of the intentional act shall bear
<br />the entire cost of repair or reconstruction of the party wall. If either party to which this Party
<br />Wall Agreement is then applicable shall neglect or refuse to pay that party's share, or all of such
<br />cost in the event of intentional act, the other party may have such wall repaired or restored and
<br />shall be entitled to have a construction lien on the premises of the party so failing to pay, for the
<br />amount of such defaulting party's share of the repair or replacement cost.
<br />
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