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DEED RECORD NO. 101 ��- � � 3950&-THEAUGUSi1NEC0.GRANDISLAND,NEBR. � EXECUTORS� DEED '� ♦1 THIS DEED made th is 27th daq of December, 1951, by and between Theodore William Baumer and Herbert F. Ma.yer, both of Grand Island, in the Conntq of Hal1, 9tate of Nebraska, Executors of the Last Will and Testa�ent and Codic3.�s thereto bf Charlotte C. Wasmer, also known as Charlotte C. von Wasmer, deceased, late of Crand Island, in the County ' of Hall, State of Nebraska,parties of the first part, and James E. Wenger of Crand Island, in the County of Hall, State of Nebraska, party of the second part: WITNESSFTH, that the said parties of the first part, the dulp appointed, qualified and acting Executors of said Charlotte C. Wasmer, also knawn as Charlotte C. von Wasmer, deceased, under her Last Will and Testament and Codicils thereto, which are of record in the office of the Probate Court of Hall County, Nebraska, bp virtue of the pawer and auth ority granted and conferred upon them, under said Wil�. and C�dicils, and in consideration of the sum of SEVEN THOUSAND EIGHT HUNDRED DOLLARS ($7,800.00) to them paid by the party of the second part, the receipt whereof is herebp confessed and acknowledged, do by these presents grant, bar�ain, sell, remise, release, alien, convey and confirm unto the said partp of the second part, and to his heirs and assigns forever, all of the folla+ring described tract, piece and parcel of land, situate, lying and bein� in the County of Hall and State of Nebraska, to-wit; The Westerlq 33.6 feet of the northerly 90:35 feet of Lot Four (4) in Block One Hundred Thirtp (130) of Koenig and Wiebe�s Addition in the City of Grand Islarxl, Hall Countq, Nebraska, according to the recorded plat thereof, sub�ect to a perpetual easement rnnning with the land in favor of the awners of the southerly 41.65 feet of said Lot Four (4) and the easterlp 32.A feet of the northerly 90.35 feet of said Lot Four (4), which easement is over, across and upon the southerly 8 feet of said westerly 33.6 feet of the Northerly 90.35 feet of said Lot rour (4) for driveway purposes; th� cost of maintenance, repair and replacement of the drive�ay covered by this easement shall be borne one-half by the owner of the southerlp 41.65 feet of said Lot Four (4) and the other one-half bp � the owner of the eas�erly 32.4 feet of the northerly 90.35 feet of said Lot Four (4) at the time such maintenance, repair, or replacement becomes necessary; also , subject to a perpetual easement ruim ing with the land in favor of the amers of the easterly 32.4 feet of the northerly 90.35 feet of said Lot Four (4), over, across and upon the southerly f our feet of the easterly 19 feet of the westerly 33.6 feet of the northerlq 90.35 feet of said Lot Four (4), f or the use, maintenance, repair and replacement of �'acilities for drping, airing and cleaning clothes i upon clothes lines; First parties herewith and hereby further grant unto second party of perpetual easement over, across and npon t�e southerly 41.65 feet of s�.id Lot Four (4) for the maintenance, repair and reDlacement of electric and telephone wires above the�roand substantially in the approxi.mate location of said wires as they n� exist over, across and upan said subservient premises; first parties hereby further grant unto second party, a perpetual easement running with the land over, aeross, upon and under that portion of the southerly 41.65 feet of said Lot Four (4) where " the sewer pipes now exist connecting the sewer in the alley inanediately to the South of of said Lot Four (4) with the westerlp 33.6 fect of the northerly 90.35 feet of said Lot Four (4), �hich easement is for the replacement, maintenance, repair and upkeep of said sewer line, but anq damages done to the subservient pre�nises b� the �ner of the dominant premises in the maintenance, repair or replacement of said sewer line cooered by this easement shall be paid . by the owner of said dominant premises in the exercise thereof, said damages bein� hereby expresslp limited to the cost of r�pair and replacement of improvements now or hereafter existing upon said subservient premises at the time of making such repairs and replacements; first parties hereby further grant unto second party the express right to re-lap said sewer line under the surface of the follawing �round, to-wits The Northerlp 102 feet and the easterlq 18 feet of said southerly 41.65 feet of said Lot Four (4) at any time that the awners of the westerly 33.6 feet of the northerly 90.35 feet of said Lot F�r (4) shall desire, which right shall be a covenant running with the awners of said dominant land, but in the exercise of such right, the owners of said dominant land shall pay for all damages occasioned by them in the exercise of said right to the awners of the southerly 41.65 feet of said Lot , Four (4); the awners of the subservient premises shall construct no improvements on the southerly 41.65 feet of said Lot Four (4) upon or under that portion of said premises covered by this right and easement las t above described which shall extend lower than 12 inches above the present sewer main running along and under the allep to the South of said Lot Four (4); t ogether with ,all and singular the tenements, hereditaments and appurtenances thereunto belon�ing or in anp wise appertaining; and also all the estate, right, title, interest, property, possession, claim and demand whatsoever� whi¢h the said Testatrix had in her lifetime, and at the tiaie of her decease, and which the said parties of the first part have by virtue of the said Last Will and Testament and Codicils thereto or otherwise, of, in or to the abobe granted premises and every part and parcel thereof, with the appurtenances; TO HAVE AND TO HOLD the said premises, the tract of land af oresaid, with the hereditaments and appurtenances thereof, unto the said partp of the second part, his heirs and assigns forever. And the said parties of the first par.t, for themselves, their heirs, Fxecutors and administrators, do covenant, prcx�ise and undertake to and with the said party of the second part, his heirs and assigns, that they are lawfully the Executors of the Last Will and Testament and Codicils thereto of the said Charlotte C.. Wasmer, also known as Charlotte C. von Wasmer, and have p�rer to convey as af oresaid, and have in all respects acted, in making this convepance in pursuance of the authority granted in and by the said Last Will and Testament and Codicils thereto, and that they have not made, done or suffered any act, matter or thing whatsoever, since they were Executors as aforesaid, Whereby the above granted premises, or any part thereof, are, shall or map be i.mpeached, charged or encumbered, in any manner whatsoever, excepting only as hereinbefore stated. IN WITNESS WHEAEOF, the sa�d parties of the first part have herennto set their hands the day and pear first above written. ($8.80 I. R. STAMPS) Theodore William Baumer (CANCELLED ) Herbert F. Mayer E�cecutors of the La.st Will and Testament and Codicils thereto of Charlotte C. Wasmer, also knawn as Charlotte C. von Wasmer, deceased STATE OF NEBRASKA ) ) ss: On this 2nd day of January, 1952, before me, a Notary Public, within and for said County, COUNTY OF HALL ) personally appeared Theodore William Baumer and Herbert F. Mayer, Executors of Lhe Estate of Charlotte C. Wasmer, also knawn as Charlotte C. von Wasmer, deCeased, to me knon�n to be the identical persons and Executors described in and who executed the above and foregoing instr�nnent and thep ackn�+ledged the same to be their voluntary act and deed as such Exectt�ors for the uses and purposes therein mentioned. IN WITNESS tdHEREOF I have hereunto set my hand and official seal the day and pear last above writ-�en. My co�fssion expires ,july 15, 1956. (SEAL) Gladys L. Simpson Notary Ppb�ic Filed for record this 18 day of January 1952, at 9:00 O�clock A. M. ��_ Register of Dee