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<br />r <br /> <br />84- 003014 <br /> <br />PARTY DRIVEWAY AND GARAGE AGREEMENT <br /> <br />THIS AGREEMENT is made dnd entered into this 5th day of June, 1984, <br />by and between JEFFREY L. MIHM AND KIMBERLY K. MIHM, husband and wife, <br />each residing at 208 West 10th Street, Grand Island, Nebraska, (herein <br />"the Mihms") and ~~INE I. ROBERTS, a single person, residing at 204 <br />West 10th Street, Grand Island, Nebraska (herein "Roberts"). <br /> <br />RECITALS <br /> <br />A. The Mihms are the owners of certain real estate co~monly known <br />as 208 West 10th, Grand Island, Hall County, Nebraska, said premises <br />being legally described as the East 35.2' of Lot 9, Block 26, Wheeler's <br />Addition, Hall County, Nebraska; said property being improved by part <br />of a driveway running along the easterly line thereof; and <br /> <br />B. Roberts is the owner of certain real property known as 204 <br />West 10th, Grand Island, Hall County, Nebraska, said premises being <br />legally described as Lot la, Block 26, Wheeler's Addition, Hall County, <br />Nebraska, said property being improved by a part of a driveway running <br />along the westerly line thereof; and <br /> <br />c. The driveway improvements on the respective properties adjoin <br />and abutt each other, along the common property line between the two <br />properties, and neither driveway improvement alone is sufficient to <br />a~te the vehicular traffic relating to the use of the respective <br />properties; but both driveway improvements, together, are sufficient <br />and ~te for the ve ,.cular traffic of both properties; and <br /> <br />D. The partH~s by this Agreement wish to make provisions for <br />the unobstructed use of sa~d respective driveway improvements for in- <br />gress and egress and for the maintenance of said improvements for their <br />mutual benef it. <br /> <br />AGRE.EMENT <br />~-- <br /> <br />NOW, THEREFORE, in consideration of Ten DOllars ($lO.~O), each in <br />hand paid to the other, and in consideration of the mutual covenants <br />and easements herein contained, it is agreed as follow~: <br /> <br />1. Mutual Easements. The Mihms hereby grant to Roberts and RObert.~ <br />hereby grants to the Mihms, an easement of ingress and egress over so <br />much of their respective property as is presently improved as part qf <br />11 driveway for use of vehicular traffic used in connection with thei:r <br />respective properties. <br /> <br />2. Obstruct ions. The parties hereto a<;lree not to obtltl:'~ct., j.~", 'i. <br />or interfere, one wi th the other, in the reasonable use of such, drive; . <br />way improvements for t.he purpose of ingress and egress to and fro. the <br />respective properties. <br /> <br />3. Maintenance. The parties hereto agree to maintain the resp~t- <br />ive driveway improvements in a usable, neat, and uniform manner, so ' <br />that the overall appearance of the said driveway improvements is that <br />of one driveway. Any extraordinary cost of repair and rebuildioq said <br />driveway improvements shall be shared equally between the part!" <br />hereto, except that any damage due to the negligence of any person <br />who uses or has used the driveway improvements pursuant to authority <br />of either party hereto in which case, the party granting such authority <br />to use shall be liable for such damages. <br /> <br />4. Value, No value has been given to the share garage on the <br />appraisal"dOMby llome Federal Savings and Loan on May 17, 1984, and <br />that the Mihms and Roberts agree that each will be responsible for the <br />maintenance and/or replacement of their respective share of the garage <br />in the event lMintenance or improvements are necessary. <br /> <br />5. Bindi~Effect. This Agreement shall be binding upon the <br />parties heriit'O, their resp..ctive heirs, executon., administrators, <br />SUCC2SS0ra ~ncl assigns. <br /> <br />- 1 <br />