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�, �� �� ' �'�� '.��5� �,��J��_�� ,� lSI��-_�_�_,__� �__J .J - _ _., __ __ ,_ . . , �,: _ _ _ __ _ �_-.. - �- - - -----.-._ ____ 89871-�STATE JOURNAL COMPANY.LINCOLN.NEB. __ _� _ _.., __._',- .-..-,_-� __...�_. ._..._� �..-z-.--.. . . =_ _':.-_ ' ._.._ ._:-._. . . .... .. __ ._.. .. .. . . , . .___-:.. ... � . the estiz�lated cost to tne Failroad Com�any of the v�rork to be done by it in connection �tith such construction. k.fter the construction of the crossing has been completed the Railroad , Company shall render to the Licensee an itemized I�ill showing alI expsnditures made by it in ! connection therev�rith, and the Licensee shall pay to the P�ailroad Cornpany, or the Railroad Company shall refund to the Licensee, as the case may be, the difference betwesn the amount deposited and the anlount of �vch expenditures. .��11 amounts dL�e the R�!ilroad Company during the life of this agreement not eovered by the afo�esaid deposit shwll be �aid to the Railroad Company by the Licensee within thirty (30) days after the rendition of itemized bills therefor. (5) r�?ODIFICI�TICN OR RELOCATION OF CROSSING: The R�.ilroad Com�any sh�ll have the right to modify the crossing or to change the location thereof at any time if, in the judgment of the Railroad Company, such modification or ch�nge in loc��tion is necessitated by a physic�l change in the Railroad Company' s property or by the re�uirernsnts of the Railroad Company �n the orera,tion of �.ts railroad. All the terms, conditions and stipulations herein expressed with reference to the m�.intenance; ret air, renev�ral �,nd vse of the cross�ng in the location hereinbefore described shall a�ppl;� to the crossing v��hen modified or moved to a nev�r location under the terms of this section. (6} CRCSSITIG TG BE �� STRICTLY PRIVATE ONE: It is expressly stipulated that the crossing is to be a strictly private one and is not intended for �ublic use. (7 j G�TE; TC BE Y,EPT CLCSED : The gates in the right of way fences affording access to the crossing shall be kept closed by the Licensee �t aII timas except during the tims of actz�al passage through them ' onto o� from the crossing pursuant hereto. - (8} TERT�,"IN�:TION: In the event of a default by the Licensee in the performance of any of the covanants �; made by the Licensee�heroiznder continuing for a perioa2 of thirty (3G} days after urritten notic� I from the Railro��d Company specifying such default, the Railroad Company may at its o�tion termin�.te this agreement on ten (1G} days� written noticg, and the Licensee shall be without recoursa or redress aga.inst the Railroad Company by re�.son of such ter�nination. (9} TEI3PJI QF AGREEr:�F�,T�1T: . This �.greement shall take effect upon the d�y and year first herein written and shall ' continue in full force ancl effect until terminated as provided; and the canditions, covenants�' and agreements herein expressed to be kept, observed and performed by the Licensee shall att;a.ch to and run with the Zand of the Licensee abutting the right of way of the Railroad Company in the location hereinbediore described. (10� SU�CESSO�S IN IrTTEREST BCUND: It is understood th�.t all the covenants �nd agreements herein recited are mada by tho parties hereto for �nd shall be binding upon themselves and their heirs, executors, adminis- trators, successors �.nd a,ssigns. IN d.ITT�TLSS Z.�'HEE�ECF this �gresment is executed in duplicate by the parties hereto as of the day and ye�.r f�:rst herein written. �:�itness: UNION PACIFIC F�ILRO�D CObTPANY, , C .H.Eloom By E.E.Calvin Vice President ':.itness: Charles ��inter P�.rty of the Second Part. �'�.�-i.Loucks ------- -_ _-- -_ _ _ _ . _ -----. -— -- ._ _ _ _-- .__ ---- - _ _ __ - _._ -,�----_.