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t ~f <br />more common walls (each, hereinafter a "Party Udall"), have one or more separate and <br />independent walls that are constructed immediately adjacent to one another (each, hereinafter a <br />"Separate Wall") or have a combination of one or more Party Walls and one or more Separate <br />Walls. <br />WHEREAS, all Party Walls and Separate Walls that currently orm the common wall <br />between the building located on Parcel 1 and the building located on Parcel 2 are referred to <br />herein, collectively, as the "Common Walls." The terms Party Wall, Separate Wall and Common <br />Walls, as used herein, refer to the walls and any foundations or footings supporting the walls. <br />WHEREAS, Rum River Land Surveyors,. Inc.'s December 12, 2006 ALTA/ACSM Land <br />Title Survey, attached hereto as Exhibit B, indicates that the Common Walls are located on the <br />Boundary Line with a portion of the Common Walls located on each Parcel. <br />WHEREAS, Parcel 1 and Parcel 2 are subject to the terms of a Quit Claim Deed dated <br />March 18, 1923, and recorded on January 5, 1924 in Book 40 of Deeds, Page 488, and a Quit <br />Claim Deed dated June 28, 1959, and recorded on May 15, 1962, as Document No. 95135 (the <br />"Prior Deeds"). The Prior Deeds describe certain walls that were in existence when the Prior <br />Deeds were executed and establish certain rights with respect to those prior walls, but the Parties <br />are not certain if the walls described in the Prior Deeds still exist on the Parcels and, in any <br />event, the Common Walls that currently, exist on the Parcels extent further north than the walls <br />referenced in the Prior Deeds. <br />WHEREAS, the Parties intend for this Wall Agreement to supersede and replace the <br />Prior Deeds. <br />NOW THEREFORE, in consideration of the mutual agreements herein contained, the <br />Parties covenant and agree for themselves, and their heirs, successors, and assigns, as follows: <br />i9~si~t~2 2 <br />