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3/14/2012 12:29:17 AM
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N-121
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Qb�� � { <br /> 121 <br /> [� � �C� �� C�a�J �O � � � �� O� D � � r <br /> . - _ _ _ __ _ <br /> -_ _ . _. - -___ -- - : -_ _ <br /> 3�L19-�IOPPh6NRTLETYCO..PNINTINS'.,LITXOORAPHING,BTNTIONEHY�OMI�HA .�_ <br />`_ _._.... _ ..�- .i}x: ...: .. . .. . . . . . . . . . ... . .. . ... . ._. ...:_ .. -.�_.�...� <br /> LEASE:- � Forr� 5356 A. Div. No. ----- Audit No. ----- <br /> C. E.No. 21�7y Z. C. No. 5790 <br /> RIGHT OF WA"!` LEASE <br /> UNION PACIFIC RAILROAD COPdPANY hereby leases to P�da�gie Dunlavey and John Dunlavey, (an abut- <br /> tin�; land owner ) of Grand Island, Hall County, Neb raska, for a geriod oP twenty years Prom the <br />' date hereof (unless sooner terminated in accordance mrith the terms hereof), a portion of its 400 <br /> foot ri�h� of way in xall County, Nebraska, to b e used for agricultural purposes only, describ ed <br /> as fallows: <br /> A strip of land one hundred (100 ) feet in width, being all that part oP trie �south Yialf oP the <br /> north�n*est quarter (SZ of NW� ) oP Section 'I�venty-six (26 ) in Township Eleven (ll ) North of Ran�e <br /> Ten ( 10 ) West, whicri ia included between lines �aralle2 with and distant resgectively one riundred <br /> (10�) and t�o hundr�ed (200 ) feet on the northerly side from the center line of the eastbound or <br /> south mairi track af the Union Pacific railroad, measured at ri�ht angles thereto, as said track <br /> is constructed through, over and across said south Ytal.f of the northweat quarter. <br /> Also, another strip of land one hundred �ifty (150 ) feet in width being all that part of <br /> � said south ha-1-�' of the north�rest quarter (52 of NW�) which is included between lines parallel <br /> � wfith and dista,nt respectively fifty ( 50 � �nd two hundred (200 ) feet on the eoutherly side from <br /> � �he center line of the eastbound or south main track of said railroad, measured at right angles <br /> � thereto, as constructed throu.gh, over and a.cross said south half of the nortYiwest quarter. <br /> � <br /> ��` The leasehola estate hereby granted shall run with the title to the abutting land, situated <br /> � � � � <br /> � in Hal1 County, Nebraska, and describ ed as follows: <br /> 0 <br /> � The South Aalf of the NortriWest Quarter (SZ of NW�) of Section Twenty-six (26 ), in Township <br /> 0 <br /> � Eleven ( 11 } North of Range Ten (10 ) West of trie Sixth Principal H�eridian. <br /> � <br /> � 't3hould the title of this leasehold at any time during its life become severed from the title <br /> ta tYle abutti�ig land, then this lease shall become ipso factonull and void. Any sale or convey- <br /> ance of such abuttin� land shall carry with it said leasehold estate and the Furchaser or grantee <br /> -. shall� become bound by- the terms riereof as fully as tne original Lessee. The Lessee is also to <br /> notify the Zessor of any transPer of the title of tne abutting property owned by hi�. � <br /> As a consideration for this lease the Lessee is to pay ir� advance to the I,essor One Dollar <br /> per ann�n; to pay a11 taxes and assessrrients levied upon trie leased �remises during the continu- <br /> ance of this lease, not inclu ding taxes or assessments levied against the�leased premfses as a <br /> component Fart of the railroad F.rogerty of Zessor in the state, as a whol.e; to plow and maintain <br /> upon the ou�er boundar,y of Zessor� s 400 f'oot- right of �vay, or as near tnereto as Fracticable, a <br /> fire�;uard at least six Peet wide; to keep the leased premises free Prom combustibl�t materi�.l; to <br /> ��.ant no trees or sYirub��ery, an�3 to erect no structures thereon; to put nothing upon the leased <br /> premiaes v�rhich might obstruct or inter#'ere with �he view. Lessor reserves the right to take tem- <br /> porary or permanent possession of all or any portion of tne leased �remisea wnenever their use <br /> may become necessary or expedient , in t�ie jud�nent of t�e Lessor, for railroad �urposes, includ- <br />� ing the location of public or �rivate warehouses, elevators , or other industries with trie design <br /> to facilitate ar�d promote traff ic. <br /> This lease is subject to all outstanding sugerior rights, including those in Pavor o�' tele- <br /> gragh and teleghone companies ancl�'or pub lic highway purposes. Tf by reason of a line change, or <br /> otherwise, trie title of trle Lessor sha11 cease before trie exgiration of the term above provided, � <br /> or if the lea.sing of the above described �remises� is held to be, or should b��come, inconsistent <br /> with the law of' the land, this lease shall thereupon terminate. The Lessee shall have the right <br /> to can�cel this lease at any time upon 30 days�written notice. <br /> This lease is to beconle null and void u��on the failure of Lessee to keep any of the condi- <br /> tidns hereof ar�d is not to be awsigne�. without tre v�rritten consent of tYie�Lessor. The Lessee �rill. <br /> surren�er peaceable possession of said premises at the expiration of triis lease. <br />
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