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)0,...... .. 200609093 5. Right of Access to Party Wall Enclosures. Either party to this Agreement, together with their successors interest, shall have the right to break through the party wall for the purpose of repairing or restoring, sewerage, water or utilities, subject to the obligation to restore said wall to its previous structural condition at such party's expense. If the party wall is broken through for the purposes of this section ofthe Party Wall Agreement, the party taking such action shall also be responsible to the adjoining owner for the repair of any damages caused to the adjoining owner's property by reason of such action. 6. Perpetuity of Use. The party wall hereby acknowledged shall constitute a permitted use for the mutual benefit of both lots hereinabove referenced and is deemed a perpetual covenant and easement running with the real estate and each and every person accepting a deed to either lot herein described shall be thereby conclusively determined to have accepted said deed with the understanding that each and every other grantee is also bound by the provisions herein contained. Acceptance of a deed to either of the lots to which this Party Wall Agreement relates shall bind the recipient of such deed to each of the covenants herein contained as though the recipient had actually signed this Party Wall Agreement. 7. Filing of Record. This Party Wall Agreement shall be filed of record in the Office ofthe Hall County Register of Deeds and shall from the date of its recording constitute notice of the rights and obligations herein set forth. 8. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heir, successors and assigns. IN WITNESS WHEREOF, the undersigned have executed this Party Wall Agreement to be effective as of the date first indicated above. (j/~ An l W. Meier '''7 U If k 'itl llU'l-PltJ ~~h Steven . osle tJ<ct;J i i~.df .B e I, e.' "Townhouse Owners" STATE OF NEBRASKA ) (ss: COUNTY OF HALL ) The foregoing instrument was acknowledged before me on this / [: (I'day of 2006 by Andrew W. Meier and Nicole M. Meier, Husband and Wife. . ') (f'O fJ( v U , My commission expires: )b(((~;l~ ~O , d!~ ~ ;;. !/vU1Tv{/,i~j Notary Public STATEOFNEBRASKA ) (ss: COUNTY OF HALL ) ! it ..,. ~ ~ The foregoing instrument was acknowledged before me on this JIJ 'day of [)c:izL/-I:-/L/ 2006 by Steven D. Bosle and Judy L. Bosle, Husband and Wife.. LISA l. CRUMRINE GentfaI Notay Sfrc:M of NebraIkO MV ConmIIIIon ExplNiI Mar 27,2010 My commission expires: 2823.11156953 t{{1(i cJ7, [;bID ~(L4-I. r;l.t1a'~H ) Notary Public. LISA L. CRtMftNE GeMfat Notary · .. of ,........ 4 -- Com..1Wu.'l1rpllw Mar 27, 2010