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op <br />rn <br />Z <br />✓ ft <br />• Z <br />DETENTION POND USAGE AGREEMENT <br />( "Roby Property "), as shown on the attached Exhibit A. <br />� U) <br />CD - I <br />D <br />rn <br />r Tl <br />This Detention Pond Usage Agreement ( "Agreement ") is made this 3 <br />day of October, 2012, by and between Shirley, L.L.C., a Nebraska limited liability <br />company ( "Shirley "); CEOMOM, LLC, a Nebraska limited liability company <br />( "CEOMOM "); and Leon D. Roby and Judy A. Roby, husband and wife ( "Roby ") <br />on the one hand (Shirley, CEOMOM, and Roby referred to collectively as "Pond <br />Owners ") and Hornady /Alda, LLC, a Nebraska corporation ( "Hornady", with <br />Pond Owners and Hornady together referred to as the "Parties "). <br />RECITALS <br />A. Hornady owns certain real property legally described as: <br />Lot 5, Argo Subdivision, an addition to the Village of Alda, <br />Hall County, Nebraska, <br />on which Hornady operates a manufacturing facility ( "Hornady <br />Property "), as shown on the attached Exhibit A. <br />B. Shirley and CEOMOM each hold an undivided one -half interest in that <br />certain real property legally described as: <br />Lots 1 & 2, Evers Subdivision, an addition to the Village of <br />Alda, Hall County, Nebraska <br />( "Shirley Property"), as shown on the attached Exhibit A. <br />C. Roby owns certain real property legally described as: <br />Lots 1 & 2, Prairieland Subdivision, an addition to the <br />Village of Alda, Hall County, Nebraska <br />