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201 302384 WHEREAS, the County has filed an appeal in the District Court of Hall County, Nebraska, Case No. CI11 -146, appealing the damages awarded to the Ellises in the Ellis Condemnation Action, and the Ellises have cross - appealed said damage award; and WHEREAS, the Ellises and Little E Eagle have filed an appeal in the District Court of Hall County, Nebraska, Case No. CI11 -1089, appealing the damages awarded to them in the Little E Condemnation Action; and WHEREAS, the parties hereto desire to reach a full, final, and complete settlement of the Ellis Condemnation Action, the Little E Condemnation Action, and all appeals thereof. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Incorporation By Reference. The foregoing recitals are specifically incorporated in this Agreement and made a part hereof by this reference as though set out verbatim. 2. Easement. The Ellises shall convey to the County and to Kroeger a permanent easement (the "Easement ") over the Trail Road on the Ellis Property for purposes of vehicular access to the Kroeger Property and the County Property. The Easement shall be 24 feet in width and use as its centerline the center of the currently existing Trail Road. The Easement shall not run through, or in any way disrupt or interfere with, the water hydrant, corral, and cattle shed located on the Ellis Property. The Easement shall be legally described as set forth on Exhibit "A" attached hereto and incorporated herein by reference, and the County warrants and represents that said legal description accurately and correctly describes a 24- foot -wide strip of land along and upon the Trail Road that complies with the requirements of this paragraph. The Easement will not be located on the Little E Property, and the parties hereto acknowledge that Little E is not required to convey any easement to the County or to Kroeger. 3. Use of Easement. The Easement shall be perpetual and shall run with the land. The Ellises further agree that the Easement will be binding upon the Ellises' heirs, successors, and assigns. Use of the Easement will extend to agents of the County and the Kroegers, as well as other persons authorized by them to access their land for lawful purposes. 4. No Public Road. The County will not open, dedicate, or construct a public road over the Ellis Condemned Property or the Little E Condemned Property, or anywhere else on the Ellis Property or the Little E Property, except under the circumstances set forth in paragraph 9 herein. The County shall have the right to conduct minimum maintenance on the Easement to facilitate reasonable use of the Easement by the Ellises, Kroeger, the County, and the successors in interest to their respective properties. 5. Compensation. The Ellises agree that they will receive no compensation from the County or Kroeger for the Easement. 4