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AGREEMENT AND EASEMENT
<br />THIS AGREEMENT: Marie and entered into this
<br />1959, by and between Florence Ethel Montgomery,
<br />Custer County, youth Dakota, party of the first
<br />Peirce of Hall County, State of Nebr. -Aska, party
<br />is I •S'Iw � SS�TH :
<br />day ofu��
<br />a single woman of
<br />part, and James E.
<br />of the second part,
<br />JHE =EaS, the party of the first part owns the West Half of the
<br />Southwest quarter of Section Thirty -five (35). Township Ten (10),
<br />North of Range Twelve (12) West of the 6th P.M. In Hall County`
<br />Nebraska, and the party of the second part owns land adjacent to
<br />said described real estate; and
<br />'FIEnE.';S, the party of the second part has beer using a road
<br />Jhich traverses ov : r and through the a' ' ove described real estate
<br />for the :purpose of ingress and egress o the real estate and pre-
<br />mises owned by the second party; and
<br />moth of the parties herF:to desire: to settle all dif-
<br />ferences relating to the said road and the location thereof;
<br />NO': , _EHISF UL E, in consideration of the sum of One Hundred and
<br />fifty I:ollars (.,,150.00) and t�:e mutual coy, =Hants hereinafter speci-
<br />fied, it is agreed as follo`Js:
<br />1. the party cf tie first nart does 'hereby grant, assign, and
<br />set over to the warty of the second part an ease-r,ent for ingress and
<br />egress to th narty of the second part over and across the following
<br />described real estate, to -wait:
<br />i strir) of land com7siereinr- at the `southeast Corner of the
<br />West . s.lf of the Southwest Quarter (4t' SW40 of Section Thir-
<br />t %' -five (37) , io >.nshin Ten (10), Yorth, R> nee T!:elve (12) ,
<br />`eat o" the 6th 'I.A . in Fial -. Co!)pty, Nebraska, thence »est
<br />along and eoncarrent with the south .�ronerty line to a point
<br />33 feet distant -Prou the mint of commencing, thence north,
<br />parallel with the east property line a distanee�of 1353 feet,
<br />thence east parallel to the souti property lire a distance
<br />of 7;3 feet, Ind ?_.hence south along and u --lon the east property
<br />line 1353 feet to the noint of origin.
<br />2. The -arty o. tie tir:st part, hey, heirs and assi ns, shall
<br />fully use and enjoy the aforesaid easement, except as to the rights
<br />herein granted, and the ;� rty of the second part hereby agrees to
<br />hold and s-.- e the -.)arty of the first part harmless from any and all
<br />damage arising from use by the second party of the right, ease.3,ent
<br />and rj ght -of -gray her ein granted and agre.-:s to pay,fany damage or
<br />dar,;aees w.ich may arise tc the property, premises or rights of the
<br />partdr of tr? -. first part through second party's use, occupation
<br />and oossession of the riprhts herein f ranted.
<br />3. It i farther stip,.)l�ted that the said Jamc_o>s E. Peirce,
<br />%eirs and assigns, do not hereby acquire the right or legal
<br />authority to construot fences of any nature on the easement and
<br />road right-of-way herein described; provided, however, that the
<br />said James Peirce, his heirs and assigno, may place on the west
<br />lire of the strin.of land hereirabove described three posts, one
<br />at the northwest corner of s-,-,Id sari -) of ?and, one at the southwest
<br />corner of said strip and one midway between the two and on the crest
<br />line of said strip.
<br />4. And the party of the second part, for himself, ri7 heirs
<br />and assigns, hereby covenants wi h the party of the firs=t part, her
<br />heirs and a ^signs, that he will be responsible for any maintenance
<br />of the roadway covered by this easement if and when he deems the
<br />same necessary.
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