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~r.~s fy ~~ 0~~7.rnSs 1~~ AGREEMENT RELATING TO COMMON WAIL ,a For and in consideration of their mutual promises and agreements set forth herein, the undersigned limited partner- ships do hereby contract and promise and agree as falTbws: 1. Ile de Grand, Ltd., is a Nebraska limited partner- ship which owns the following described real estate: A tract of land comprising all of Lot Two (2), Block Nine (9), Continental Gardens, an addition to the City of Grand Island, Nebraska. 2. Rx de Grand, Ltd., is a Nebraska limited partner- ship and the owner of the following described real estate: A tract of lava` comprising all of Lot Three (3), Block Nine (9), Continental Gardens, an addition to the City of Grand Island, Nebraska, 3. The North line of the above described Ile de Grand real estate is one and the same as the South line of the above described Rx de Grand real estate. Immediately ad- jacent to that line and an the South side thereof Ile de Grand built the North wall of a building. Thereafter, Ile de Grand permitted Rx de Grand to construct a building on the real es±ate of Rx de Grand and to tie that building into the Ile de Grand building in such a way that the above described North wall of the Ile de Grand building became the South wall of the Rx de Grand building. This common wall now exists and each of the parties hereto hereby agree that the common use of the wall shall continue for the life of the wall and that neither of the limited partnerships shall destroy or modify the common wail without the prior written consent of the other. With regard to the maintenance of the _ommon ..all the irmited partnerships agree a~ ~ollows. (a) Anl= maintenance which is directly caused by it the of RS de Gran d'S L53 ~rS T?;~ __ed in t~? ____ Ile Vde Grand wall shall be paid for by Rig dereran d. (b) Any normal maintenance or restoration of damage or destruction to the wall which is not caused directly by Rx de Grand's having tied into the wall shall be geld equally by the two limited partnerships. ~. Each of the two limited partnerships does hereby promise, covenant and agree with the other that in the event that there is any damage to the common wall which damage is covered by valid and c;oiiectibie fire and extended insurance coverage payable to [hat limited partnership then that limited partnership shall and hereby does waive and release any and all rights of recovery which it might have against the other partnership as a result of that other partnership having caused or contributed to the cause of the damaae to the common wall. It is furtirer agreed that this waiver and Release shall apply rvt only to insured damage to the ca„u-non wall, but r_n any and all ;r.surad ~farnage to the building of the one partnership which is in anyway caused by the acts ar failures to act of the other partnership. However, this Waiver and Release shall be ineffective and of no force and effect whatsoever if by reason of its existence otherwise valid and collectible insurance proceeds would be rendered uncollectible. -i-