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V.". 15455PACE 40 . <br /> agree upon a mutually acceptable app <br /> raiser, each party may <br /> who will in turn select a third <br /> ed by the third appraiser so <br /> • select their own appraiser, The cost of <br /> appraiser. The appraisal developed parties hereto. <br /> selected shall be binding upon all Y party appraisal <br /> the mutually agreed upon appraisal or heirdppartyalpprais shall <br /> shall be split by th? parties. All appraiser shall be paid by the party incurring said cost. The <br /> appraise the property on the basis that it is <br /> be instructed to aPP <br /> not suitable for building purposes. <br /> 6. Except as specifically provided to the contrary <br /> herein, Rosenberry will be responsible to accomplish all <br /> matters necessary <br /> for the transfer and shall be reponsiblebfor <br /> all costs and to meet all requirements that any g s <br /> - might require as a result of tne division and transfer <br /> use of attorneys easement fees,including,, ai <br /> attorneys fees, and title evidence. Steuerwald shall be <br /> costs, prorated real estate taxes and all other costs <br /> and expenses ease for P provide merchantable title, free and <br /> and expenses incurred to p <br /> clear of any and all liens and encumbrances. <br /> u on reacquiring real <br /> 7. In the event that Rosenberry, p public roadway, <br /> estate from Steuerwald, should develop a responsible for all costs of <br /> Rosenberry shall assume and be reap <br /> • <br /> said roadway and Steuerwald shall not be responsible for any <br /> assessments or costs in development of samnd Rosenberry <br /> shall hold Steuerwald harmless in this regard. ublic roadway <br /> � g, In the event that RosenbRosenbevel shallp if otherwise <br /> adjoining Steuerwald's property, be allowed otrerw <br /> permitted under local or county ordinance, pr providing <br /> access onto said roadway or the purpose e oremaining id portion of <br /> Steuerwald ingress and egress <br /> Lot 1 which is retained. <br /> 9. Rosenberry may record this Ag To <br /> Estate at any time after execution by <br /> Steuerwald shall be required to obtain the written consent and <br /> y <br /> acknowledgement to the priority of this Agreement from ereanynt to <br /> future mortgagee, and shall obtain any mortgagee's a9 <br /> • <br /> provide a th timeofeexecution, s upon <br /> At partial <br /> the and <br /> request. At the release <br /> represents that he has free and clear title to the referenced that there is nothing that impairs or prohibits <br /> ' <br /> real estate and grant the rights herein contained. <br /> Steuerwald's right to g <br /> Steuerwald shall do <br /> 10. While this Agreement is in effect, right to <br /> nothing which will interfere or prevent Rosenberry's rig <br /> reacquire the referenced land for private or public roadway <br /> purposes and shall insure that and written water and/or sewer <br /> easement granted to the Windsor Sanitary eDistrict <br /> t ddoes not <br /> ot <br /> prohibit and specifical_,y recognizes <br /> construct a roadway over the easement. <br /> -3- <br />