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<br /> I�IISCELL�AN�OUS RECORD V
<br /> 29058-TNC11U6Ui7INEt0.CHANDIBLAND.NFBR. � ' � � �
<br /> RIGHT OF WAY LEASE
<br /> FoxNt .5386-A(DUP ORIa RR �0' S COPY)
<br /> Audit No. . . . . . . . . . . .Div. No. . . . . . . . . . . . . . . . . . . . . . . . . .Land Dept. No. M 4�764
<br /> RIGHT OF WAY I�EASE
<br /> U�iION PACIFIG RAILROAD COMPANY hereby leasee �o WESTLAWN MEMORIAL PARR CEMETERY, a
<br /> cemetery assoQiat3on (an abutting land owner) of Grand Ialand, Hal.l County, Nebraaka,
<br /> Por a period of twenty years. Prom J�ly 29th, 195� �unle�a sooner terminated in aecordance
<br /> with the terma hereof) , a portion of its 1�00 Poot right of way .in Hall County, Nebraska,
<br /> to be used for agrieultural purposea only„described as f'ollows:
<br /> A21 that part of the Southwest Quarter (SW�) of 3ection Twenty-four (2�) ,
<br /> �ownship Eleven (11) .Nor.th, Range Ten (10) West of the Sixth Principal
<br /> Meridian, whiah is includ�d b�tween lines drawn parallel wl�h and distant
<br /> respeatively fifty (�0) fee� and two hundred (200) feet, when measured
<br /> at ri�ht angleg on the sou�herly side from the center lir�e of the moat
<br /> southerly or ea,stbound main track of �he railroad of the Lessor, as
<br /> eaid �rack is Qonatruc�ed, maintained and operated, over and acroas
<br /> ssid Section Twenty-f our (2�).
<br /> The premiass above desarlbed were f orm�rly included in that certain lease from
<br /> Ur�ion Pacifia Ra,l.lroad Company �o Cl,aude E. Reuting and Pearl M. Reuting, dated February
<br /> l3, 1930, record�d in �he Off3.ce of �he Regiater of Deede, Ha11 County, Hebraaka on
<br /> Mareh 11, 1930, in Book "P" of Miseellaneoua Records at page 622, whieh said lease, with
<br /> respect to sa�.d premises only, is superaeded hereby, the Lesaee herein being at the date
<br /> hereof the owner of the land abutting thereon.
<br /> The leasehold e�tate hereby granted sha11 run with the title to the abutting land,
<br /> aituated in Hall County, Nebraska, and described as followa: A11. �ha� part of �he Sot�th-
<br /> west Q,uarter (SW�) oP Section Twenty-four (24) , Township El�ven (lI) North, Range Ten
<br /> (10) W�st of the Sixth Prineipal Meridian, whieh lies sou�herly of the right of way of
<br /> '�he Lessor S.E8S�C1 tf� the Lessee hereunder. .
<br /> Should the title oP this Ieasehold at any time during ita life become severed from
<br /> the title to tY�e abuttir�g land, then �hi8 lease ghall b�come ipso facto null and void.
<br /> Any sale or conveyanae of' such abu�ting land shall aarry with it said 1�asehold esta�e
<br /> and the purcha.ser or grantee �ha].1 become bound by the terma hereof as fully as the
<br /> original Lesaee. The Lessee is al�o to notiPy �he Lessor of any transfer of the title
<br /> of �he abutting property owned by the Lessee.
<br /> As a consideration for '�his leaae �he Lesaee is '�o pay in advanee to the Lessor
<br /> One Do11ar per annum; to pay all taxes and assessmer�ts levi�d upon the Ieased premises
<br /> dur3ng the eontinuanee of this lea,se, not including taxes or assessments levied against
<br /> the leased premises as a componen�G par� of the railroad property of Lessor in the state
<br /> as a whole; �o plow and maintain upon �he outer boundary of Lessor� s �00 f oot right of
<br /> way, or ae near thereto ae praaticable , a f ireguard at least aix f eet wide; to keep th�
<br /> leas�d premises .free froffi combus�ible ma�erial; to plant no trees or ahrubbery, and to
<br /> erea� no struc�ures th�reon; to put no�hirig upon the leased premiaes which might obstruct
<br /> or ir�ter�ere with the view; to elose safely and seeurely, immediately af t�r usin�, any
<br /> gate, opening or bars in �he fences of the Lesaor whieh the Lesaee may have acqulred or
<br /> during the '�erm hereof may acquire, the r9.�ht t� use, and not to use any sueh gate,
<br /> opening or bars whieh the Lessee ma,y not have aequired the right �o use. Lesaor reserves
<br /> �he right to ta,�e temporary or permanent possession of all or any portion of the leased
<br /> pr�mises whenever. their use may beeome neQessary or expedient, in the �ud�ment of the
<br /> Leasor, for railroad purpose$, including the locatio� of publie or private ware-houses,
<br /> elevators, or other ir�du�tries with the design to facilitate and promote traf'fia, or for,
<br /> or in connection with, drilling for or mining of oil, �as, coal or other minerala of
<br /> wha'�soever nature upon or underlying the surfaoe of �he leased premises by �h� Lessor
<br /> or by oth�ra with its permisaion.
<br /> Thie lease is aub�ect to all outstanding s�perior righ'�e, ineludirig those in favor
<br /> of' telegraph and �elephone companiea and for public highway purposes. If by reason of
<br /> . a lin� ehange, o� otherwise, the title oF the Lesaor shall eease bef ore the expirat�.on
<br /> ` ` of �he term above provided, or if the leasing of the above desaribed premise� is held to
<br /> be, or should �ae dome, incansisten� w3.th �he law of the land, thia 1ea$e sha11 thereupon
<br /> terminate. �he Leseee shall have the ri�h� to canael this leaee at any time upon 30
<br /> days� written Motice.
<br /> This lease is to become null and void upon the failure of Lessee to ke�p any of the
<br /> conditions hereof and �.s not to be assigned without the wr3�ten consen� of the Lessor.
<br /> The Lessee will srurrender peaceable possession of said premises at the e�cpiration of
<br /> thla lease. �
<br /> It is understood that all covenants and agreements herein r�cited are made by the
<br /> parties hereto for, and shall be binding upon, '�hemselves and their� heire, exeautors,
<br /> adminiatrators, successors and assigna.
<br /> Dated this 29th day of July, 1950•
<br /> (CORP) UNI4N PACIFIC R.AILROAD COMPANY
<br /> Witnese: (SEAL)
<br /> C. W. WeMt2 By A. J. Seitz
<br /> Exeeutive Vice Preaident
<br /> Attest L. J. Baehman
<br /> ' Asaistant 8ecretaxy.
<br /> � .
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