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<br /> I�IISCELI�.ANEOUS RECORD V
<br /> 2908H-TNQI1UBOfTINECO.CA11NDiSt1{NO.NEBR. . . � � , � � �� �
<br /> AFFIDAVIT OF IDENTITY
<br /> STATE OF NEBRASKA )
<br /> ) SS I, the undersigned, of 1aw�'ul age, being first duly sworn upon
<br /> HALL. COUNTY ) oath, depose and say that T was well acquainted with Katharyn Hoye,
<br /> a daughter a.nd devisee under the 1as� will and testament of Fred J.
<br /> Miller, deceased, probated in the County Court of Hall County, Nebraska, in the year 1939,
<br /> whieh said wlll devised to the said Katharyn Hoy� �he Northeast Quarter of Sect3.on 32,
<br /> Township 11 North, Range 12 West of the Sixth Principal Meridian, Hall County, Nebraska,
<br /> and with Kathryn J. Hoye whose estate was probated in the County Court of Hall County,
<br /> Nebraska, in the year �9�+g, a.nd I know of my own personal knowledge that Katharyn Hoye and
<br /> Kathryn J. Hoy� is one and the same person, notwithstanding the discrepancy in �he na.me.
<br /> Thomas A. Langan
<br /> STATE OF NEBRASKA )
<br /> ) SS Subscribed and sworn to before me, a Notary Public in and for said
<br /> HALL COUNTY� ) County and Sta'Ce, on this 19 day of May 1950, . by Thomas A. Langan
<br /> �o me known to be the identical person who executed the within and
<br /> foregoing instrument, who acknowledged to me that he executed the $ame a,s his free and vol-
<br /> untary act and deed, and for the uses and purposes therein se� forth.
<br /> WITNESS MY HAND and aeal the date last above written.
<br /> (SEAL) Herman F. Buckow
<br /> My commission expires : 4-17-1956
<br /> Notary ublic
<br /> Filed for record this 19 day of May 1950, a� 1:05 0 �clock P.M. C/o)��
<br /> ,r/' eg s t er o� De e ds
<br /> 0-0-0-0-0-0-0-0--0-0-0-0-0-0-0-0-0-0-0-Q-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0-0
<br /> RIaHT OF WA� LEASE DUPL ORIG RR COPY recieved one Dollar
<br /> FoxM 53�6-A cas�3/20/50 Recd
<br /> Audit No. Div. No Land Dept. No. M 4�+�+63
<br /> UNION PACIFIC RAILROAD COMPANY hereby leases �o JEROME W. FULLER & CHARLOTTE FULLER
<br /> (H&W)and. IRVING M. FULLER & ANNA M. FULLER (H&W) c�o Jerome W. Fuller (an abutting land
<br /> owner} of R�. #l, Grand Island, Hal.l County, Nebraska, for a period of twenty eara from
<br /> March 1 th, 1950 (unless sooner terminated in accordanc� with the terms hereoP�, a portion
<br /> of its �00 foot right of way in Hall County, Nebraska, to be used for agr�.cultural purpoaes
<br /> only, described as follow� :
<br /> All tha�G part of the 3outheast Quarter (SE�) of Seetion Twenty-sev�n (27) , Townshlp
<br /> Eleven (11) North, Range Ten (l0) West oP the Sixth Prineipal Meridian, which ie
<br /> included between lines drawn para11e1 with and distant respectively sixty-four (64)
<br /> feet and two hundxed (200) feet, when measured at right angles on the northerly
<br /> side from the center line of the original main track (now the most southerly or
<br /> eastbound main track) of the railroad of the Lessor, as 5aid traek is constructed,
<br /> maintained and operated, over and across 5aid Sec'�ion Twenty_seven (27) .
<br /> The premises above described were formerly included in that certain lease from Union
<br /> Pacific Railroad Company to Peter Hennings dated March 22, 1935, recorded in the office
<br /> � of the Register of Deeds of Ha11 County, Nebraska,on May 11, 1935, in Book "R" of Miscel-
<br /> laneous records at page 374, which said lease with re5p�ct to said premises only, is
<br /> superseded hereby, the Lessees herein being at ths date hereof the own�rs of the land
<br /> abut�ing thereon.
<br /> The leasehold estate hereby granted snall run wi'�h the title to the abutting 1and,
<br /> situated in Hall County, Nebraska, and described as followat
<br /> All that part of the Southeast Quarter (SE�) of Section Twenty-seven (27), Townahip
<br /> Eleven (11) North, Range Ten (10) West of the Sixth Principal Meridi�n, which lies
<br /> northerly from the right oP way of the Lessor leased to the Lessees hereunder.
<br /> Should the title of this leasehold at any time during its liPe become severed from
<br /> �he title to the abutting land, then this lease shall become ipso facto null and void.
<br /> Any sale or conveyance of such abutting land sha.11 carry with it esid leasehold estate and
<br /> the purchaser or grantee shall b�come bound by the terms hereoP as Pully as the original
<br /> Lesse�. The Lessee is also to notify '�he Lessor of any transPer of the 'Git1.e of the abutting
<br /> prope�ty owned by the Lessee.
<br /> As a consideration �or this lease the Lessee is to pay in advance to the Lessor One
<br /> Dollar per annum; to pay all taxes and asses�ments levied upon the leased premises during
<br /> the continuance of this lease, not including taxes or assessmen�s levied against �he leased
<br /> premises as a component part of the ra3.lroad property of' Lessor in the state as a whale; to
<br /> plow and main�ain upon the outer boundary of L�ssor� s 400 f'oot right oY way, or as near
<br /> �hereto as prac�icable, a Pireguard at least slx feet wide; to keep the leased premises
<br /> free from eombustible material; to plant no trees or shrubbery, and to erect no structures
<br /> thereon; �o put nothing upon the leased premises which might obstruct or in�erPer� wi�h
<br /> the v�.ew; to close safely and securely, immediately aPter using, any gate, opening or bars
<br /> in the fences of the Lessor which th� Lessee may have acquired, or during the term hereof
<br /> may acquire, the right to use, and no� to use any such gate, opening or bars which the
<br /> Lessee may not have acquired the right to use. Leasor reserves the right to take temporary
<br /> or permanent possession of al1 or any portion of the leased premisea whenever their use may
<br /> become neeessary or expedient, in the �udgment of the Lessor, for railroad purposes, includ-
<br /> ing the location of public or priva�e warehouses, elevators, or other industries wi�h �he
<br /> design to facilitate and promote traffic, or for, or in connection with, drilling for or
<br /> mining of oil, gas, coal or other minerals of whatsoever nature upon or underlying the
<br /> surface of the leas�d premises by the Lessor or by others with ita permission.
<br /> This lease is �ubJec'G �o all outstanding superior rights, 3.ncluding those in Pavor of
<br /> telegraph and telephone companies and for public highway purposes. IP by reaeon of a line
<br /> change, or otherwiee, the title oP th� Lessor shall cease before the expiration of the term
<br /> above provided, or �f the leasing of the above described premi5�s is held to be, or should
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