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� i � :_�� ��SI�I��JJ�J��)��ti,V�l?�j�4�� :SI,U'��J�'�2�5�JJ � -==--_.:: .. �._=- -:_.__-_ _ _ - - :-,- __ .= ---- -- ___ � 88871-STATEJOURNAL COMPANY,LINCOLN,NEB. exercisin� the election as above stated,shaZl fail to perfor:n work and/or furnish ma-�erial in accordanee �ith such election,the Ra,ilroad Company may perfoxm such �ork and jor furnish ; such material. (3) VGORK ON GROSSING-LICENSEE T� BEAR ERPENSE: The crossing shall be construeted and kept in a manner and ccmdition sa�isfactory to the Ra.ilroad Comnany and �he construction,r�aintenance,repair and renewal thereof shall be in, accorda.nce with plans and specifications �pproved by the Railroad �ompany.All expense inciden;t to such construction,maintenance,renair and rene�al shall be borne by the Licensee. (�#)LICENSEE TO P�AKE DEP09IT-PAY�dENT OF BILLS: Before any �ork is done in eonnection with the construction af the croesing the vicensee , shall deposit iith the Railroad Gompany the sum of forty-four dollars ( �4�-.00) ,being t�e es- , timated cost to the Railroad'Company of the work hereinafter provided to be done by it. After the construction of the crossing has been completed the Railroad Company shall render to the Licensee an itemized bill showing all e�enditures made bp it in conneetion therewith,and the ' Licensee shal]. pay to �he Railroad Campany,or the Railroad Company shall refund to the Licenaee, as the case made be,the difference between the am ount deposited and the amount of �ueh expenditure. � All amounts due the Railroad Company during the life of this agreement not eovered by the aforssaid deposit shall be paid to the Railroad Company by the vicensee within thirty t30) days after the rendition of itemized bills there�or, ( 5) MODTFICATION OR RELOCATION OF CROSSING: The Ra.ilroad Company shall 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 change in location is necessitated by a physical change in the Railroad Company� s property or by the requirements of the Railroa.d Company in the operation of it s railroad, All the terms,eonditions and stipulations herein expressed with reference to the mainten- anee,repair,renewal and uae of the crossing in the 2ocatiQn hereinbefore described shall apply to the crossing v�hen modified or moved to a new loeation under the t erms of this sectiC►n. ( 6)CROSSING TO BE A STRICTLY PRI�A`TE ONE: � It is expressly st�pulated that the crossing is to be a strictly private one and is not intended for public uae. ( 7) TERMINATION: � In the vent of a default by the Licensee in the pe�formance of any of the covenant$ made '�y � the L,icensee hereunder continuing for a period of thirty t30) days after writ#�� notice from " the Railroad Comnany specifying sueh defaul�,the Railroad Company ma� at its option ��rminat� � this ag�eement on ten (10) days� written notice ,and the Licens�e shall be �ithout recourae or redr�ss against the Railroad Company bp reason of sv.ch termination. (�) TERM OF' AGREE�dENT: This agree�nen� �hall take effect upon the da.y and year first herein written and shall con� � tinue in full force and effect until �erminated as provided;PROVIDED,HO�NEVER,that the.: ter�n : hereof sha.11 in no event extend beyond the period of the tenancy of said land by the License�. � IN WITNESS �1F�REOF,this agreement is executed in duplicate by the parties hereto as of th� day and year first herein written. w ; VGitness: L. 8. Reynolds � THE ST. JOSEPI3 AND GRAND ISLAND RAIL'NAY COMPA�tY. �CORP) Attest: SEAL) B3� E. E. Calvin G..$..b��th$i' Vice Preeident. Assisicant Secretary. . ; , ,