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<br /> 21917—The Augustine Co., County 8upplies, Grand Island, Nebr.
<br /> RIGHT OF WAY LEASE �
<br /> Audit No. . . . . . . . . Div. No. . . . . . . . .Land Debt. No.M3��63
<br /> UNION PACIFIC RA.ILROAD COMPANY hAreby leases to Helen PreisendorP, 1021 No.Elm Street,
<br /> (an abutting l�nd owner) of F�ra.nd Island,Hall County, Nebraska, �for a period of twenty years
<br /> from September rd, 1943 (unless sooner terminated in accordanc� witM the terms hereoP) , a
<br /> portion of its �00 foot right of �aay in Hall County, Nebraska, to be used Por agricultural
<br /> purposes only, described as follows:
<br /> Al1 that part of Southwest Qua.rter of the Northeast 4uarter (SW4NE4) of Section Twenty-
<br /> �ix �26) , Township Eleven North ( tT lI N) , Range Ten West (R 10 W) of the Sixth Principal
<br /> Meridian which is included bettaeen lines Sixth-Four (64) feet and Two-Hundred (200) feet
<br /> on the Northerly side from the center line of the South main track of Lessor as constructed,
<br /> operated and maint�ined over and across said Section TT�renty-Six (26)
<br /> 'I'he premises above described were formerly included in that certain lease Prom Union
<br /> Pacific Railroad Company to National Life Insurance Company, Dated July l, �935, recorded
<br /> in the office of the Register of Deeds, H�,11 Co��nty, Nebraska., on December 13, 1935, in
<br /> book nn. R of Misc. , at page no. 50�, which said lease twith res�ect to said pr emises only)
<br /> is superseded hereby, the lessee herein being at the date hereof the owner of the land
<br /> abutting therPon.
<br /> The leasehold estate herPby granted ahall run �rith the title to the abutting land,
<br /> situated in Hall County, Nebraska, and described as follows:
<br /> All that part of the Southwest Q,uarter of the Northeast 9,uarter ( 3W�NE4) oP Section
<br /> Twenty-8ix (26) Township Eleven North (T 11 N) Range Ten West (R 10 W) lying North of the
<br /> Lessor ' s Ri�ht of Way.
<br /> Should the title oP tnis 1Pasehold at any time during its life, become severed from the
<br /> title to the abutting land, then this lease shall become ipso facto null and void. Any
<br /> sale or conveyance of s�_�ch abutting land shall carry with it said leasehold estate and the
<br /> purchaser or grantee shall become bound by the terms hereoP as fully as the original Lessee.
<br /> The Lessee is also to not�ify the Lessor of any transfer of tne title of the abutting property
<br /> owned by the Lessee.
<br /> As a consideration for this lease the Lessee is to pay in advance to the Lessor One
<br /> Dollar, Fu�-� Term; to pay al1 ta.xes and assessment� levied upon the leased premises during
<br /> the continu�nce of this lease, not including taxes or assessments levied against the leased
<br /> premises as a component part of the railroad pro�erty oP Lessor in the state as a whole; to
<br /> plow and maintain upon the outer boundary of Lessor' s �00 foot right oP way, or as near
<br /> thereto as practicable, a fireguard at least six Peet wide; to keep the leased premises
<br /> free from combustible material; to plant no trees or shrubbery, and to er�ect no atructures
<br /> thereon; to put nothing upon the leased premises which might obstruct or interfere with
<br /> the view. Lessor re�erves the r��'��t .`�r� take temporary or permanent possession of all or
<br /> any portion of the leased nr. emises wnenever their use may become necessary or expedient,
<br /> in the ,judgment of the Lessor, for railroad purposes, including the location of public or
<br /> private �►arehouses, elevators, or other industries with the design to fa.cilitate and promote
<br /> traffic, or for, or in connection with, drilling for or mining of oil, ga.s, coal or other
<br /> minera:ls of w�natsoever nature upon or underlying the surfa.ce of the leased premises by the
<br /> Lessor or by others ?��ith its oermission.
<br /> This lease is sub,�ect to all outstanding su�erior rights, including those in favor of
<br /> telegraph and telephone eompanies and fo» ��ublic highway purposes. I�' b�r �eason of a line
<br /> change, or otherwise, the title of the L�ssor shall cease before the' expiration of the
<br /> term above provided, or if the leasing of the above described pr�mises is held to be, or
<br /> ahould become, inconsistent with the law oP the 1and, this lease shall thereupon terminate.
<br /> The Lessee shall have the right to cancel this lease at any time upon 30 days ' written
<br /> notice.
<br /> This lease is to become null and void upon the failur. e of Lessee to keep any of the
<br /> conditions herPof and is not to be assigned without the written consent of the Lessor.
<br /> The Lessee will surrender peaceable possession of said premises at the expiration of this
<br /> lease.
<br /> It is understood th�,t all covenants �.nd agreements herein recited are made by the parties
<br /> hereto for, a.nd sh�ll be binding upon, themselves and their heirs, executors, administrators,
<br /> successors a.nd assi�ns.
<br /> Dated this 3rd day of Sept. 19�+3•
<br /> Witness : UNION PACIFIC RAILROAD COMPANY
<br /> C.W,Wentz (CORP) By G.F.Ashby,
<br /> ( SEAL) Vice President
<br /> AttAst :
<br /> C. B.Mat thai
<br /> Assistant Secretary
<br />� The fore�oing lease is a,ccepted upon the terms therein stated upon this 3rd day of
<br /> Sept. 19�+3.
<br /> Helen PreisendorP
<br /> Wit;ness : Lessee
<br /> Earl M.Wea.ver .
<br /> STATE OF NEBRASKA ) �S. On this 19th d�y of October,A. D. 1g43, bePore me, a Notary
<br /> COUNTY OF DOUGLAS ) Public in and for said County, personally appeared G. F.Ashby
<br /> to me personally known to be the identical verson whose name is signed to the forego�ng
<br /> instr�.zment as Vice President of �nion Pacific Railroad �ompany, a corporation, who, being
<br /> by me duly sworn did say that he is the Vice President oP said corporation and that the
<br /> seal affixed to the Poregoing instrument is the corporate seal of said corporation and that
<br /> sai� instrument w�s signed and sealed on behalf of said corpor�tion by authority duly
<br /> conferred according to law and said G. F.Ashby acknowledgec� said instrument to be his f ree
<br /> and vol.untary act and deed, and the free and voluntary act and deed of said corporation.
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