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-.■ ___ r 2 <br />W <br />_.. <br />I <br />Return to: The Arter Group/ Artvest III <br />927 M Street <br />Lincoln, NE 68508 -2235 <br />ASSIGNMENT OF EASEMENT <br />RECITALS <br />1 <br />F�lMf ( 4p,4(a $,lr ro g U+I.t(y.,, ttNc <br />Oc) / AMd 2)i4, flu_ 'tot t4ce``�� tw“acd aft r <br />6124,5 ( ;IGwe (4(f ACt geed. <br />This ASSIGNMENT OF EASEMENT is entered into this t __ day of 4 , <br />2013, by and between Artvest III, a Nebraska general partnership ( "Artvest ") and ' quitable <br />Building and Loan Association of Grand Island, Nebraska, a/k/a Equitable Bank ( "Equitable "). <br />A. The Declaration of the Yancey Condominium Association, recorded on October 17, <br />1984, as Instrument No. 84- 005507 with the Register of Deeds of Hall County, Nebraska <br />(the "Declaration ") granted an easement for communications equipment ( "Rooftop <br />Easement ") for the benefit of the Owner of Unit 201 as follows: <br />"14 (b). Rooftop Easement. Notwithstanding any provision herein to the <br />contrary, by these presents is hereby granted, bargained, sold and <br />conveyed to the Owner of Class "B" Unit 201, its successors and assigns <br />forever, an exclusive permanent easement for the installation, <br />maintenance, repair, replacement or substitution of antennas and/or other <br />electronic or communications devices and equipment on the roof of the <br />Building together with the right of access through the Class "C" Property, <br />Class "A" Limited Property or the Class "B" Limited Property, said <br />easement is appurtenant to and shall run with the Class "B" Unit 201 and <br />shall burden all other Owners of the Property, their successors and <br />assigns; provided, however, that the costs of maintenance of said <br />equipment and devices so located and/or any cost of maintenance or <br />repair to any other property in the Project required as a result of the <br />installation and/or maintenance of such equipment shall be the sole <br />responsibility of the owner of this easement"; <br />B. The Declaration has been amended by the Second Amendment to Declaration recorded <br />on December 31, 1986, as Instrument No. 86- 107514, and, pursuant thereto, Devco <br />Investment Corporation ( "Devco "), as the then owner of all Class B Units, along with the <br />Association, subdivided Unit 201 into Units 201A, 201B, 201C and 201D and allocated <br />all rights and obligations attributable to the Rooftop Easement unto the owner of Unit <br />201A; <br />C. Devco subsequently sold and conveyed Unit 201A to Artvest by Corporation Warranty <br />Deed recorded on December 31, 1986, as Document No. 86- 107515; <br />