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<br /> i DEED AND AGREEMENT.
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<br /> � THI3 INDENTURE AND AGREEMENT ,made and entered into by and between �falter Schimmer and
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<br /> �� Emelia Schimmer ,his wife ,hereinafter parties of the first part ,and School District Number �
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<br /> � Four in the county of Hall and in th� etate of Nebraska,hereinafter party of the second part ,
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<br /> ;! WITZdE3SETH: that whereas ,Walter Schimmer is the owner of the southwest quarter of the
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<br /> 4 southwest quarter of 8ection Five ( 5) ,in Township Ten (10) ,North ,Range Nine (9) ,West ,in Hall
<br /> ;t� County ,Nebraska,except�ing one acre thereof ,in the northeast corner thereof ,which said acre
<br /> ';j �.s owned by the party of the second part and used as a site for ite sahool house,and
<br /> '� WHEREAS ,the said school tract owned by the party of the second part has no public road
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<br /> ' reaching the same and there is no written evidence in existence showing that it has a right
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<br /> ;' of way over the premises above described owned by the said Walter Schimmer ,for the purpose
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<br /> ! of reaching said school-house site ,and
<br /> �? WHEREAS,sai.d Distxict in the past has entered on to its said school-house atte by crossing �
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<br /> ! the premises of the said Walter 5chimmer from the section line west of said school site,and I,
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<br /> also from the section line south of said school site ,by license from the owners of the �
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<br /> !; premises now owned by the said Walter Schimmer ,and
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<br /> j� 1i�HEREAS ,it is the desire of all parties hereto that the ri�htsof said party of the second
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<br /> ;� part to enter upon the land of the party of the first part,for the purpose of reaching said
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<br /> �+ achool eite ,be definitely fixed and determined, �
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<br /> ' NOW,THERE�RE,In consideration of the premises and of the mutual covenaits and agreements i
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<br /> ;! of the parties hereto and nerein contained,and for the purpose of determin�ng the right -of �
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<br /> �� the party of the second part to a righ� of way to its said school site ,it is hereby stipu- �
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<br /> � lated and agreed by and b�tween the parties hereto:
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<br /> ! First. The said parties of the first part ,in consideration of the premiaes ,has sold and
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<br /> '� conveyed and by these presents do grant and convey unto the party of the second part ,a strip ,
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<br /> ;� of ground twenty-three feet and five inches in width,off of the east side of said southwest
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<br /> �� quarter of the southwest quaxter of said Section 5 ,in Township 10 North ,Range 9 ,West ,in Hall i
<br /> !� County ,Nebraska,and more particularly descxibed as follows; Commencing at the southeast I
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<br /> � corner of the southwest quarter of the southwest quarter of said 3ection Fi.ve (5) ,and running ,
<br /> ' thence north a long the east line of said southwest quarter of the southwest quarter of sa.id i
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<br /> i� Section 5 ,to the school site owned by said party of the seo� nd part; thence running west '
<br /> i along the south line of said school site twenty-three feet and five inchea;thence south , I
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<br /> �� parallel with the easterly line of said southwest quarter of the southwest quarter of said � ,
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<br /> '! 8eetion � ,to the south line of said Section 5;thence east ,along the south line of said ! I
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<br /> ' Section 5 ,to the place of beginning,�the traet hereby conveyed now being marked on either
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<br /> .';� side by a four-wire fence ,which the party of the second party has heretofore construeted
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<br /> �; and paid for ,and which said fence is to hereafter be kept up in good condition and maintaine d
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<br /> ; by the party of �he first part ,at his own proper. cost and expense.
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<br /> � 3econd. That in consideration of the premises and the conveyance to it of the strip of
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<br /> i� ground above described,the �rty of the second part hereby cancels ,waives ,surrenders and
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<br /> �± abandons all righte of whatsoever nature to an y and all rights of 8ay it has heretofore
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<br /> � used and enjoyed for the purpose of entering and leaving the school-house site ao owned by it
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<br /> �i and the strip of ground above conveyed to it shall hereafter be used as the sole way of
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<br /> � ingress to and sgrese from said school-house site.
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<br /> IN TESTIMONY WHEREOF,the parties of the fixst part have� hereunto set their hands and the
<br /> ' party of the second part has caused these presents to be signed by its Moderator ,Direetor��and
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<br />' Treasurer,in pursuance to authority duly given at a special meeting �f the voters of said
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