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Home My WebLink About20081400~'ilYLP9.GE DOCT~lX PD CIC° . z-~;ES ~ SO xn :5~' O cx~ ,f~/5/~j . cxc ticcTR xrxx~~s: S. SO cns~x_/~.o.n. cry: ~,xv~ the/~H ,c S',•h'/~,/ ~Q S fih9.S N E 1090/ s i ADAMS COUNTY, NE Zoosi4oo ~ INST. N0. f il_~.~ ~ o Date~:2-(1~Tim ~~ ,/[ ~/ n REGISTER OF DEEDS NUM: _ / 7Q;~'CS Jrc[~ RD COMP: x ~ S/. j$ COMPARE: ~/4>c~` CADAS: ----~-~ AO Y 1ZESERVED rOR REGISTER'OI~' DEEDS RECORDING SPACE ADAMS COUNTY NE PAGE Y OF ~~ PAGES ' i 2UU8141 AFFIDAVIT ` STATE OF NEBRASKA ) ss: COUNTY OF ADAMS ) Stephen A. Scherr, being of legal age and duly sworn, states upon his oath: 1. That the Affiant is a resident of the City of Hastings, Adams County, Nebraska; 2. That the Affiant is one of the parties to a certain Agreement executed on the 4th day of April, 2008, by Stephen A. Scherr and Janice L. Scher, husband and wife, and on the 5th day of April, 2008, by Gary L. Cuddeford and Deena E. Cuddeford, husband and wife concerning the use of the following parcels of real estate: a. The West Seventy-Five Feet (W 75') of the South Two Hundred Fifty Feet (S 250') of Lot Thirteen (13) of Haire's Subdivision of the City of Hastings, Adams County, Nebraska, according to the recorded plat thereof, also known as 1006 West 9th Street in Hastings, Nebraska; and, b. The East One Hundred Twenty-Five Feet (E 125') of the South Two Hundred Fifty Feet (S 250') of Lot Thirteen (13) of Haire's Subdivision of the City of Hastings, Adams County, Nebraska, according the recorded plat thereof, also known as 1000 West 9th Street in Hastings, Nebraska; 3. That the true and correct names of the second parties thereto are Gary R. Cuddeford and Deena E. Cuddeford, husband and wife; 4. That the true and correct name of the real estate described in the said Agreement as Lot Thirteen (13) of Haire's Addition is Lot Thirteen (13) of Haire's Subdivision. Further the Affiant sayeth not. Executed on this ~~ day of April, 2008. phen A. Sch •r, Affiant On this ~ ~ day of April, 2008, Stephen A, Scherr, known to me to be the Affiant hereinabove and the identical person who executed the foregoing Affidavit, appeared before me and acknowledged execution they be hirs1voluntary act and deed. ~~ GENERAL. NOTARY -State of Nebraska C.t/~l~ `~/' `Q KAY PAV~LttA Notary Public - My Comr;t. Exp. Qct. 31, ?009 Law Offices WHELAN & SCHERR Hastings, Nebraska ass ~oos~.~o AGREEMENT WHEREAS, Stephen A. Scherr and Janice L. Scherr, husband and wife, are titleholders fee simple as joint tenants with right of survivorship in the following real estate: The West Seventy-Five Feet (W 75') of the South Two Hundred Fifty Feet (S 250') o Lot Thirteen (13) of Haire's Addition to the City of Hastings, Adams County, Nebraska also known as 1006 West 9th Street, Hastings, Nebraska; and, WHEREAS, Gary R. Cudde~'ford and Deena E. Cudde:~ford,. husband and wife, into an agreement for purchase of the-'said real estate; and, WHEREAS, asingle-family residence was constructed upon the said real estate in of 1924; and, WHEREAS, the said improvements were occupied as asingle-family residence mately 1944; and, WHEREAS, Stephen A. Scherr and Janice L. Scherr, husband and wife, are fee simple with the right of survivorship of the following real estate: The East One-Hundred Twenty-Five Feet (E 125') of the South Two Hundred Fifty Fee of Lot Thirteen (13) of Haire's Addition to the City of Hastings, Adams County Nebraska, also known as 1000 West 9th Street, Hastings, Nebraska; and, WHEREAS, upon their purchase in 1976 of the residence located at 1000 West 9th present titleholders converted the said residence from amulti-unit residence to a ; ily residence which they have owned and occupied as such to the present time; and, WHEREAS, in 1980 the present titleholders acquired the residence located at 1006 W th Street and rented the units thereof to members of the general public; and, WHEREAS, the most recent occupation of the said residence by any tenant ended i and, WHEREAS, the said residence has been unoccupied since 2003; and, WHEREAS, continued use of the said residence as a: multi-unit residence is no tically feasible; and, WHEREAS, at the present time the said residence is uninhabitable by reason of failure the heating system, of the water system, of the electrical system and of general disrepair; and, Law Offices WHELAN & SCHERR Hastings, Nebraska ~~~ `~OO8~.40a WHEREAS, the said proposed purchasers have made the offer to purchase the •esidence with the intention of restoring it to asingle-family residence for their own use occupation; and, WHEREAS, to the knowledge and belief of the present titleholders thereof only sink Emily residences and no multi-family residences are located within the two-block area bounc y Burlington Avenue, 9th Street, Bellevue Avenue and 10th .Street in Hastings, constituting ] Leven (11), Lot Twelve (12), Lot Thirteen (13) and Lot Fourteen (14) of Haire's Additi airview Addition and Heartwell Subdivision of the City of Hastings; WHEREFORE, Stephen A. Scherr and Janice L. Scherr, husband and wife, and Gary udderford and Deena E. Cudderford, husband and wife, hereby stipulate and agree: 1. That the residence known as 1006 West 9th Street in Hastings shall be used cupied as asingle-family residence until such use is ended by agreement between the o~ the said two (2) parcels of Lot Thirteen (13) of Haire's Addition or by lawful authority; 2. That the residence known as 1000 West 9th Street in Hastings shall be used ccupied as asingle-family residence until such use is ended by agreement between the ova f the said two (2) parcels of Lot Thirteen (13) of Haire's Addition or by lawful authority; 3. That this Agreement shall be binding upon the grantees, assignees, creditors and the parties hereto, Signed on this _ ~''-day of April, 2008. ATE nF NEBRASKA ) ss: >UNTY OF ADAMS ) Stephen A. Scherr, being of legal age and duly sworn, states upon his oath that he the preamble to the Agreement hereinabove, that he understands the contents thereof the allegations therein are true according to his kn~ledge and beliefs Stephen A. Janice L. Scherr, being of legal age and duf'y sworn, states upon her oath that she has preamble to the Agreement hereinabove, that she understands the contents thereof and allegations therein are true according to her knowledge and belief. Janice L. Scherr Law OHices WHELAN & SCHERR Hastings, Nebraska '~~, S ~~o$~.~o ~ . S~~ tephen A. S err Janice L. Scharr ...- ~~ ~~ Gary R. Cudde~f ' ..~..{~ Dean ~ a E. Cuddefo County of Adarns, st~-~~ o-F N~hrask~ On this '~I ~ day of April, 2008, Stephen A. Scharr, being of legal age and duly swe and known to me to be the identical person who executed fhe foregoing Agreement, appear before me and acknowledged execution thereof to be his voluntary act and deed. GENERAL NOTARY -State of Nebraska ~ ~ KAY PAVELKA My Comr7. Exp. Oct 31, 2009 C' J_ ~_~' \1 Notary Public ~oU„~y a~F~ams, S-la~e of Nebraska On this -L day of April, 2008, Janice L. Scharr, being of legal age and duly swo end known to me to be the identical person who executed the foregoing Agreement, ~ppear~ Before me and acknowledged execution thereof to be her voluntary act and deed. GENERAL NOTARY-State of Nebraska KAY PAVELKA • My Comte. Exp. Oct. 31, 2009 _ Notary Public Cou.nt~y ~ A~arns~ Sfa~e o~ N~~Pas On this ~j`f~ day of April, 2008, Gary R. Cudde,~ o~ing legal age and duly swo: end known to me to be the identical person who executed the foregoing Agreement, appearE Before and acknowledged execution thereof to be his voluntary act and deed. GENERAL NOTARY- State of Nebraska ~ Ih DARLA J. E3RUNA ( ,~ ~~ _ My Comm, Exp. June 22, 2008 _L Cotnn-~Y a~ /~dams~ 51~a~e of 1Ve~Oraska N Pu tic On this S L day of April, 2008, Deena E. Cuddy rd, being of legal age and du.l. and known to me to be the identical person who e:~ecuted the foregoing Agreement ;d before me an acknowledged execution thereof to be trier voluntary act and deed. GENERAL NOTARY -State of Nebraska 6 ~__ il" DARLA J. C3RUNA ~_ . N Fub~C ~.;_~ ;_ My Comm. Exp. June 22, 2008 l.aw Offices WHELAN & SCHERR Hastings, Nebraska ~~f