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<br /> 1`�JL� ������ 1�1 �� �.J � ��� ��� �.J
<br /> 21917—The Auguatine Co., County 8upplies, Grand Island, Nebr. � .
<br /> understood between the Government and the Leasor that the aovernment will not make any
<br /> pa�ments outlined in any paragraph hereof until the Lesaor delivere to the Government fu11
<br /> poseeasion of the premises in the same condition as said Premises were in at the time of
<br /> execution of� this lease. It is further agreed and underatood between the Government and
<br /> the Lessor that the C�overnment will not assume to make any such payments if the Lessor
<br /> breaches his covenant set forth in pa.r�agraph 16 hereoP to deliver possession of the
<br /> Premises ori or before the Pirst day af the term as specified in paragraph 2 hereof.
<br /> � Schedule here the character oP ti'�le or interest whieh the Lessor elaims to have in the
<br /> demised Premises, which interest is required to be such as will insure to �he Government,
<br /> upon its making all payments for which it is obligated under this lease, undisturbed
<br /> posaession of the Premises Por a period of not less than seven (73 years.
<br /> ri�5ehedule here a21 mortgages, liens, eneumbrances, easements, eneroaehments, righta-oP-
<br /> uay, restrictive covenants, Zoning regulations, and any def ects in title whatsoever.
<br /> 20. �he Lessor warrants that he (she� �it) �they) hae/have not employed any person
<br /> to solicit or secure this lease upon any agreement for a commiasion, percentage, broker�,ge,
<br /> or contingent fee. Breach of this warranty ahall give the Qovernment the� right to annul
<br /> this lease or in its discretion to deduct Prom any amount payable to the �essor the sum
<br /> of such commission, percentage, brokera$e, or contingent fees. This warranty �hall not
<br /> apply to commissions payable by the Lessor upon contracta made through bona fide established
<br /> commercial or selling or rental agencies maintained by the Lessor Por the purpose of aeeur-
<br /> inb business. �
<br /> 21. Tt is agreed that this lease embodies the whole agreement oP the parties, and that
<br /> there are no nromises, terms, conditions, or vbligations rePerring to the sub�ect ma�ter
<br /> other than those contained herein.
<br /> IN WITNESS WHEhEOF, the parties hereto have executed this lease as oP the date Pirst
<br /> above written.
<br /> In the presence of� EYfie E.f��eer t8ea1}
<br /> Harry C�rimminger
<br /> R. �.�lenger THE UNITED STATES OF AMERICA
<br /> By R.J.McMahon
<br /> � or National ousing Agency}
<br /> �Explanatory Note: As applied to the conversion program, the exce�tion to the warranty
<br /> by the Lessor is intended to permit the payment oP commissions where �he agency is a bona
<br /> fide established real-estate agency and is not intended to distinguish between such agencies
<br /> which have been employed for a lon� perSQd of time and those which may be employed a� the
<br /> instance of either the Lessor or the broker, specifically to arrange Por a lease w���i the
<br /> Government on behalP of the Lessor.
<br /> APfix acknowledgment in due form for recording in tate where remises are located.
<br /> STATE OF NEBRASKA ) On this 21 day of July A.D, 1g43, before me, a Notary Publie,
<br /> COUNTY OF HALL ) S$' in and for said �ounty, personallq came the above named,
<br /> EpP1e E.C�eer, who ie person�Ily known to me to be the identical person whose name is
<br /> affixed to the above instrument as lessor, and she acknowledged said instrument to be her
<br /> volunt�.ry act and deed.
<br /> WITNESS my hand and Notarial Seal the date l�.st aforesaid. ,
<br /> Harry (3rimminger
<br /> ( SEAL) Notary Public
<br /> My Commission expires bn the 22 d�.y of July, A.D. 1.9�+5 �
<br /> Filed for record this 21 day oP July, 1.9�3, at 3,:15 0�clock P.M. �}�,-��C �-�-1
<br /> �.1� �
<br /> Register of ��ee�e
<br /> o-o-o-o-o-o-c-o-o-o-o-.o-c-o-o-o-o-o-o-o-c-c-o-o-o-o-�-c;-o-o_o-o-�-o-o-o-o-o-o-o-o-o�-o-o-o_
<br /> DEGLARATION OF TAKING ,;`
<br /> :
<br /> I N THE
<br /> UNITED 3TATES DI9TRICT COURT
<br /> IN AND FOR THE DISTRICT OF NEBRASKA '
<br /> aR�4ND ISL�,ND DIVISION Filed: June 2, 1942
<br /> UNITED STATES OF AMERICA �
<br /> Petitioner, � DECLARATION
<br /> vs. � OF
<br /> TAKING
<br /> 12,�00 ACRES OF LAND, MORE � N0. 1.
<br /> OR LESS, SITUATE IN HALL
<br /> COUNTY, STATE OF NEBRASKA,
<br /> AND JOHN THOMSSEN, ET AL� �
<br /> Defenda,nt s.
<br /> TO THE HONORABLE,
<br /> THE UNITED STATES DISTRICT COURT:
<br /> I, Henry L.°timson, 3ecretary of War of the United 8tates, do hereby declare that:
<br /> 1. ta) 2'he lands hereinafter described are taken under and in aecordance with the Act
<br /> of Congress approved February 26, 1931 �4�6 8tat. 1�21, �0 U. 9. C. see. 25�a) , and acts
<br /> supplementary thereto and amendatory thereof, and under the further authority of the Act
<br /> of Congress approved August 1�, l� 0 (26 Stat. 316) , as amended by the Acts of Congress
<br /> approved July 2, 1917 ��+0 stat.2�+1�, and April 11, 191� (40 stat. �18, 50 U. S. C. aec. 171) , °
<br /> which A�ts authorize the acquisition of land Por military purposes, and the Act oP Congress
<br /> approved Aprtl 5, 19�� �Publie Law 29 - 77th Congress), which Act appropriated funds Por
<br /> such purposes.
<br /> (b) The public uses Por which said lands are taken are as Pollowe:
<br /> The said lands are neceasary a8equately to provide Por an ordnance muni��qns plant and Por
<br /> other military purposes incident thereto. The sald lands have been seleeted by me for
<br /> acquisition by the United Statea for use in connection with the Cornhusker Ordnance Plant,
<br /> (�rand Island, Nebraska, and for such other uses as may be au'Ghorized by Congrees or� by
<br />
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