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<br /> SPT-804
<br /> 635169-2
<br /> EASEMENTrF RaEL CTRIC DISTRI�BUTI�ON LINE ��� ��'�����
<br /> KNOW ALL MEN BY THESE PRESENTS:
<br /> That Quality Loving Care L.L.C.
<br /> of Hal 1 County, Nebraska, in consideration of S 1.0 0 , receipt of which is hereby acknowledged, and the
<br /> further payment of a sum to make total payment of S 1.0 0 , do(es) hereby grant and convey unto Nebraska Public Power
<br /> District (hereinafter called District), its lessees, successors and assigns, the permanent right, privilege, and easement of
<br /> right-of-way to construct, operate, maintain, inspect, repair, remove, alter, relocate and reconstruct its electric distribution
<br /> lines, including all necessary poles, wires, guys and other equipment used in connection therewith, along a route described
<br /> herein. The centerline of the electric distribution line shall be established by the actual location of the electric
<br /> distribution line as originally constructed on said premises. The location of the right-of-way is described as follows:
<br /> A strip of land over, under, upon, and across a portion of Lot 1 of Prairie Winds Subdivision in the Village
<br /> of Doniphan, Nebraska, said Subdivision being a part of the Northwest Ouarter of the Northwest �uarter of
<br /> Section 8, Township 9 North, Range 9 41est of the 6th P.M. in Hall County, Nebraska, said strip of land is 10
<br /> feet in width, 5 feet south and 5 feet north of a centerline (the centerline being the approximate centerline
<br /> location of an electric distribution line) said centerline is described as follows: Beginning on the west line
<br /> and 5 feet north of the Southwest Corner of said Lot 1; thence 457.7 feet east parallel with and 5 feet north
<br /> of the south line of said Lot 1, ending on the east line of said Lot 1.
<br /> The District shall have the right of ingress and egress across and along the property within the easement area for any purpose
<br /> in connection with the survey, construction, operation, maintenance, inspection, repair, removal, alteration, relocation and
<br /> reconstruction of the District's electric distribution lines or any associated equipment used in connection therewith.
<br /> The District shall also have the right at any time to trim or remove such trees and underbrush within the easement area as may
<br /> in any way endanger or interfere with the safe construction, operation, maintenance, alteration or reconstruction of its
<br /> distribution lines and equipment used in connection therewith, including but not limited to topping or removing any other trees
<br /> which in falling would come within fifteen (15) feet of the nearest electric line conductor. All refuse from such tree cutting
<br /> or trimning shall be burned or removed by the District, and the District shall have the right to control by chemicals all weeds,
<br /> trees, and brush along the described right-of-way if said right-of-way is not being utilized for cultivated crops.
<br /> The District agrees to pay the Grantor or Lessee, as their interests may appear, for any damage to personal property, fences,
<br /> livestock, and to growing crops caused by the survey and original construction of said line. Final payment shall be made on or
<br /> before 60 days after completion of the construction stated herein.
<br /> The District agrees to pay the Grantor or Lessee, as their interests may appear, for any damage to personal property, fences,
<br /> livestock, and to growing crops occurring after the initial construction and resulting from the survey, operation, maintenance,
<br /> inspection, repair, removal, alteration, relocation and reconstruction of the District's electric distribution lines. It is
<br /> further agreed that all claims for such damages must be submitted to the District in writing within 90 days of such occurrence;
<br /> otherwise, it is agreed that said claim for damages shall have been waived.
<br /> The District agrees to take all reasonable steps to restore, as nearly as possible to the condition it was in prior to
<br /> construction, all land in the easement area which is damaged as a result of said construction.
<br /> The Grantor may cultivate, use, and enjoy the land within the easement area, provided that such use shall not endanger or be a
<br /> hazard to or interfere with the survey, construction, reconstruction, repair, maintenance, inspection, operation, alteration,
<br /> relocation and removal of the District�s electric distribution lines. It is further agreed that the Grantor will not be allowed
<br /> to place and maintain ouildings, structures, hay ar straw st,,�ks within the ease�^ent area without first obtaining express written
<br /> permission from the District for such placements.
<br /> The District agrees that should said right-of-way not be used for the purposes herein stated, or should any distribution line
<br /> constructed hereunder be removed and not replaced by another distribution line, for a period of five years, the right-of-way and
<br /> easement hereby secured shall then cease and terminate, and this instrument shall be of no further force and effect.
<br /> The undersigned agrees and represents that he has read and understands the foregoing and that this instrument contains all
<br /> agreements and understandings between the parties and the undersigned has not relied upon any promises, inducements, covenants,
<br /> oral statements, or agreements of any kind or nature which are not expressly set forth herein.
<br /> Signed the � day of �Pr c � , A.D., 1998.
<br /> SIGNATURE SIGNATURE
<br /> ��1�
<br /> STATE OF NEBRASKA )
<br /> � ; SS
<br /> COUNTY OF
<br /> On this � day of �� 1998, before me the undersigned, a Notary Public in and for
<br /> said County and State, personally appeared �/ 1� ID�Q�QO personally to me known
<br /> to bg the identical person(s> who signed the foregoing instrume as Grantor and who acknowledged the execution thereof to be
<br /> r1�_S voluntary act and deed for the purposes therein expressed.
<br /> uITNESS my hand and notarial seal the date above written.
<br /> �°� � `�.�
<br /> Notary Public
<br /> My Comni ssi on expi res on the � day of �e�°A)aC'!', a°°�
<br /> ��
<br /> 6ENERAL NOiARY Stata of Ne6raska
<br /> ��MERAL NQiAA�SbU of Ne�uln PATT��•F�ERSTEIN
<br /> Ib0�.6�.�2001 MYComm.Exp.Sept.3,20^�
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