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t.Ae�� <br /> DEED RECORD NO. 96 <br /> 32841-7'HFAUGUS71NEC0.6RANDISLAND,NEBR. <br /> �ubscribed in my nresence and s�aorn to before me this 12th. day of Septem'per, 19�-9- <br /> � ��L� Mar�u_erite E. P�e er <br /> Notary Public <br /> My commission expires P•2ay 10, 195�- <br /> Fees, �11.10. <br /> Filed for record this 11 day of 'Octdber -• 19�9, a.t 1: 1�5 0 �clock P.M. <br /> .eg ster of Deeds N <br /> 0-0-0-0-0-��-���-0-0-0-0-0-0-0-0_0-0-0-0-;�-0-0-G-0-U-0-0-0-0-0-'�-0-0-0-0-0-0-0-0-0-0-��-0-0-0-0-0-0-0 <br /> '"WARRANTY DEFD VESTING ENTIRE TITLE IN SURVIVOR <br /> KNOt�T ALL MET�T BY THESE PRESENTS, That we, Dent 7. Holcomb and Helen Holcomb, each in his and <br /> n.er o�rn ri�nt and as spouse of each ot�er in consideration of One Dollar and Other Valuable Con- <br /> sideration - - - DOLLARS, in hand paid, do hereby grant, bargain, sell, convey and confirm unto <br /> Richard Erdbruger, Jr. , and Bernice A. Erdbruger, His T�life as JOINT TENANTS, and not as tenants in <br /> common, tYie folloT�rin� described real estate s3.tuate in the County of Hall and State of Nebraska, <br /> to-wit: <br /> Lot (1) One in "HOLCOP�B�S HIGHWAY HOMES�' , a Sub-division of a �art of the Northeast <br /> Quarter of the �lortneast Quarter (NEl��I-P1El/4) and a part of Lot Four (�-) (Mainland) <br /> all in Section Twenty-eight (2�) , in Township Eleven (11) Nortn, Ran�e Nine �9) , <br /> [�Jest of the oth P.M. , according to the rec�rded pl�t tiiereof, <br /> sub,�ect to the �'ollotain� conditions and. restrictions, e�ch and all of wnich snall be anc� remain in <br /> full force and ef�'ect as covenants running ti,rith the land fo-r tho time hereinafter set forth, <br /> namely: <br /> l. Lots 1 to 10 inclusive shall be known and described as, used and sold only for residential <br /> purposes. <br /> 2. �.TO building shall be moved onto any of said Lots numbered 1 to 26 inclusive, without the <br /> owner of such lot first procuring the written consent of all owners of alI lots in "Holcomb� s <br /> Highway Homes" Sub-Division. <br /> 3. No building shall be erected or placed on any of Lots 1 to 27 inclusive in said Sub- <br /> division closer than 35 feet from the front of the Lot on wnich such building is to be erec�ed or <br /> moved, front meanin; the side of said Lot facing rlorth so far as Lots 1 to 10 inclusive are con- <br /> cerned, and front meaning the side of said Lot facing East so far as Lots 11 to 27 are concerned. <br /> �-. No noxious or offensive trade or activity sha11 be carried on upon any Lot in said Sub- <br /> div�.sion nor shall anything be done thereon which may be or become an annoyance or nuisance to the <br /> neighborhood. <br /> 5. No basement, tent, shack, garage, barn or other out-building placed upon or erected in said <br /> Sub-division shall �,t any time be used as a residence temporarily or permanently. <br /> 6. No dwelling costing less than �6, 500 shall be permit�ed on any of' the Lots numbered 1 to <br /> 10 inclusiv� in said Sub-division. <br /> 7. No person of any race otner than the ti�lhite or Caucasian race shall reside �:n any building <br /> or on any Lot in said Sub-division exceptin� that tnis covenant shall not prevent occupancy by <br /> domestic servants of a different r�c� residin; with an otaner or tenant of said premises thereon. <br /> �. No swine nor sheep shall be kept or maini,ained on �ny of t'rle premises in said Sub-division. <br /> � 9. No cesspools sha11 be uermitted on any of the �remises in sa_id Sub-division, anc� all � <br /> owners of said �remises snall �isnose of sewerage on their respective premises in said Sub-division <br /> only by the use of se�tic ta_n?is or other enclosed che�nical disposition of seUrera�e. <br /> 10. All sidetaalks built on any of t:��e premises in this Sub-division runnin� along the front <br /> of any lot in sai.d Sub-division shall be constructed along the front edge thereof. <br /> 11. These covenants are to run t�rith �he l�,nd. ancl sh�.11 be bindin� on all parties and all per- ( 2) <br /> sons claiming under them until May l, 1963, �,t sfahich time said covenants shall be automatically <br /> extended for successive periods of ten years each, unless by vote of a ma�jority of the then owners <br /> of �Gn.e Lots in said Sub-division it is agreed to ch�,nge said covenants in �rhole or in part. <br /> 1z. If any owner of any of '�h? Lots in said Sub-division, or their heirs or assigns, shall <br /> violate or attempt to violate any of �he covenants herein, it shall be Iawful for a.ny other person <br /> or persons ownino any real. property situated within said Suo-division �o prosecute any proceedings <br /> at 1aw or in equity againt the person or persons viol�ting or attempting to violate any such <br /> covenants and either �revent him or them from so doing or to recover ciamages or other dues for <br /> such violation. <br /> 13. Tnvalidation of any one of tnese covenant� by ,jud�;ment or Court Order shall in no wise <br /> affect any of the other proviaions and covenants herein contained, wnich shall remain in full <br /> force and effect. <br /> IT BEIrJG THE INTENT20N OF ALL PARTIES HERETO, T�IAT IN THE EVENT OF THE DEATH OF EITHER OF <br /> SASD G.�tANTEES, THE ENTIRE FEE SII�IPLE TITLE TO THE REAL ESTALE DESCRIB.�D HEREIN SHALL VEST IN THE <br /> SURVIVING GRANTEE. <br /> TO HAVE A"JD TO HOLD the above described premises, wi�h �he appurtenances, unto the said <br /> grantees as JOINT TENANTS, and not as tenants in cammon, a,nd to tneir assi�ns, or to the heirs and <br /> assigns of the s��rvivor of them, forever, and ttiTe the �ranto�s named herein for us and�ur heirs, <br /> executors, and adnlinistrators, do covenant witn the grantees named 'nerein and �aith their assigns <br /> and ���ith the heirs and assigns of the survivor of them, that ttire are lawfully seized of' said <br /> premises; that tney are free from incumbra.nce except as stated herein, ��nd t:iat we tne said �rantors <br /> have ;ood ri�ht and lawful authority to sell the s�.me, and that �re ��i11 and our heirs, executors <br /> and administrators sha,ll warrant and defend the sa,me unto the �rantees named rierein and unto their <br /> assi�ns and unto the heirs and assi�;ns of the survivor of tnem, forever, against tne lawful claims <br /> of all Y�ersons ti�rhomsoever, excludin� the exceptions named herein. <br />