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7s_ Ob'~~3~
<br />AGREEMENT
<br />MID-CONTINENT ENTERPRISES, INC., a Nebraska corporation,
<br />and HAROLD J. BARNES and DOROTHY K. BARNES, husband and
<br />wife, as joint tenants with right of survivorship and not as
<br />tenants in common: do hereby agree as follows:
<br />1. Harold J. Barnes and Dorothy K. Barnes, husband
<br />and wife, as joint tenants with right of survivorship and
<br />not as tenants in common, are the owners of the following
<br />described real estate which will hereinafter be referred to
<br />as Tract A:
<br />The easterly Thirty-One and Forty-Five
<br />F~undredths {31.45} Feet of Lot Fifteen
<br />{15), and the westerly Forty-Three and
<br />Eight Tenths {43.8} Feet of Lot Fourteen
<br />{14), all in Block One {1), Continental
<br />Gardens, an Addition to the City of Grand
<br />Island, Nebraska, as surveyed, platted
<br />and recorded.
<br />T.. the __ ,tf
<br />a. Yud-Continent EnzezYrsses, ., _ ,._
<br />the following described real estate, whichiis~hereinafter
<br />referred to as Tract B:
<br />All that part of the above referred to
<br />Continental Gardens, an Addition to the
<br />City of Grand Island, Nebraska, Block
<br />One {i}, Lot Fifteen {15), which is not
<br />included in Tract R, above.
<br />3. By and with the consent of Mid-Continent Enterprises,
<br />Inc., Harold J. Barnes and frothy K. Barnes haue constructed
<br />a dwelling on Tract A as is shown on the plat prepared by
<br />Charles B. Beer, dated September 18, 1939, which plat is
<br />marked Exhibit "A° attached hereto and incorporated herein
<br />by this reference.
<br />4. Pursuant to Article V, paragraph 7 {c) of the
<br />Declaration filed by Mid-continent Enterprises, Inc. in the
<br />Office of the Register of Deeds of Hall County, Nebraska,
<br />relating to all of Blocks One {I) and Two {2}, Continental
<br />Gardens, an Addition to the City of Grand Island, Nebraska,
<br />I#id-Continent Enterprises, Znc., u *tebzaska corporation. as
<br />the owner of Tract B, does hereby far its self, its successors,
<br />assigns, grantees, and any and all persons or entities
<br />claiming by, through, or under Mid-Continent Enterprises,
<br />Inc. to have any interest in the above described Tract B,
<br />and as a covenant to run with the ground, does hereby promise
<br />and agree that the minimum distance between the Dwelling
<br />shown on Exhibit °A" of this Agreement and any building
<br />which may be ':ereafter built upon Tract S shall be 15 feet
<br />glue 1 foot for each story in height of each of said buildings
<br />to-wit: The dwelling shown on Exhibit "A' of this Agreement
<br />and the building to be built on Tract B.
<br />5. It is further hereby agreed that the present
<br />o~ers of Tract A, their grantees, heirs, assigns, and any
<br />and all persons claiming by, through or under them to have
<br />nay right, title, claim or interest in or to Tract A shall
<br />hasrv ~ are hereby granted the specific right to demand the
<br />speaeifi~ performance of the promise and agreement set forth
<br />above, but that this remedy of specific performance shall
<br />not necessarily be deemed to be the sole and exclusive
<br />remedy for the breach of this promise and agreement, the
<br />said owners of Traci A hereby reserving any and all other
<br />claims, demands and remedies whatsaever in the event that
<br />said promise and agreement is ever breached or attempted to
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