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<br />AGREEMENT
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<br />This Agreement is executed this /a day of /~vcE,,,.~r "
<br />- 1981, by and between TANA Development Company, a Nebraska partner-
<br />.
<br />shi a d Thomas C. Beale and Maril F. B
<br />n eaie husband an
<br />d wife,
<br />P Yn
<br />Intending to be legally bound hereby, intending to legally
<br />bind their heirs and legal representatives, and for good and
<br />valuable consideration, receipt of which is hereby acknowledged,
<br />the parties hereto agree to the following:
<br />1. TANA Development Company, a Nebraska partnership, here-
<br />- inafter called "TANA," is the owner in fee of the following-
<br />described real estate, situated in Hall County, Nebraska:
<br />Lot One (1), Warren Subdivision, City of
<br />Grand Island, Hall County, Nebraska.
<br />2. Thomas C. Beale and Marilyn F. Beale, husband and wife,
<br />as joint tenants and not as tenants in common, are owners in fee
<br />of the following-described real estate situated in Hall County,
<br />Nebraska:
<br />Lot One (1), D. R. D. Subdivision, City of
<br />Grand Island, Hall County, rebraska;
<br />which premises adjoin the premises first above-described.
<br />3. There is now erected upon the premises secondly above-
<br />described a chain link fence, which fence encroaches upon the
<br />west boundary line of the premises first above-described.
<br />4. TANA agrees that, so long as the aforesaid fence shall
<br />remain standing and so long as TANA does not desire removal of
<br />said fence, Thomas C. Beale and Marilyn F. Beale shall have, and
<br />there is hereby granted to them, the right to have the fence, as
<br />now erected, overlap and extend beyond the west boundary line of
<br />the real estate owned by TANA and described above, and to encroach
<br />and rest upon saifl real estate.
<br />5. TANA further agrees that it will not break, cut, disturb,
<br />destroy, or remove said fence so long as it remains standing and
<br />so long as TANA does not desire removal of said fence. If TANA
<br />does desire removal of said fence, it shall give Thomas C. Beale
<br />or Marilyn F. Beale fourteen (14) days notice to remove the same
<br />and to repair any damage to the real estate described above
<br />resulting from installation, removal, and use of said fence and
<br />of-the- real estate- described above by Thomas-C. Beale or Marilyn
<br />F. Beale, their agents, employees, tenants, and contractors. If
<br />said fence is not removed within fourteen (14) days after the
<br />above notice is given, TANA shall have the option to remove the
<br />same and all expenses incurred in removing said fence and all
<br />damages resulting from its installation, removal, or use shall be
<br />paid by Thomas C. Beale or Marilyn F. Beale.
<br />6. Thomas C. Beale and Marilyn F. Beale covenant and agree
<br />that they shall hold TANA harmless from any claim for injury or
<br />damage resulting from anything done by Thomas C. Beale or Marilyn
<br />F. Beale, their agents, employees, tenants, and contractors in
<br />connection with said fence, including but not limited to installa-
<br />tion, removal and use of said fence and, in any event, shall
<br />indemnify TANA for any loss resulting from any such claim.
<br />7. It is further mutually covenanted and agreed that the
<br />provisions of this Agreement shall operate as covenants running
<br />with both parcels of land above -described and shall bind all
<br />parties to this Agreement and their respective heirs, executors,
<br />administrators, and assigns.
<br />8. It is further mutually and expressly understood and
<br />agreed that this Agreement and ali covenants herein contained
<br />shall remain in Eor.ce and effect only so long as that portion of
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