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201304468
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Last modified
8/19/2014 2:23:17 PM
Creation date
6/10/2013 8:54:41 AM
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DEEDS
Inst Number
201304468
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D. Artvest, pursuant to a purchase agreement dated December 6, 1995 (the "Agreement "), <br />subsequently sold and conveyed Unit 201A to Equitable, as Purchaser, wherein Artvest <br />expressly retained the Rooftop Easement. However, the Warranty Deed conveying title <br />to Unit 201A to Equitable did not contain language necessary for Artvest to retain an <br />interest in the Rooftop Easement. <br />E. Pursuant to the Agreement, Artvest and Equitable agreed that as long as KOLN/KGIN <br />Television, and its successors or assigns, is a tenant of Unit 20IA, Artvest would permit <br />KOLN/KGIN Television, as the tenant in Unit 201A, to have use of the area covered by <br />the Rooftop Easement; <br />F. KOLN/KGIN Television, as the tenant of Equitable, desires to enter into a long term <br />agreement for the non - exclusive use of the area covered by the Rooftop Easement for <br />communications, the term of which exceeds the term of its lease for TJnit 201A, and has <br />requested that Artvest, as the assignee of Equitable's rights in the Rooftop Easement, <br />agree to enter into such an agreement on its behalf; and <br />G. Artvest desires to obtain confirmation and memorialize the fact that pursuant to the <br />Agreement with Equitable it retained the Rooftop Easement, and all benefits thereof, and <br />is the holder of the Rooftop Easement. <br />NOWTHEREFORE, Equitable, as owner of Unit 201A, hereby permanently quitclaims, <br />conveys, bargains, sells and transfers, for consideration in hand, the Rooftop Easement together <br />with all benefits and burdens described therein, to Artvest, as the owner of Yancey <br />Condominium Unit 001, and Artvest, as owner of Unit 001, hereby agrees to accept all <br />responsibilities of the Rooftop Easement, and further agrees to hold Equitable harmless from any <br />expense or liability in connection with its use and operation. Artvest agrees to allow <br />KOLN/KGIN Television the continued use and benefit of the Rooftop Easement for as long as it <br />remains a tenant of Equitable in Unit 201A. The easement rights granted herein shall be <br />appurtenant to Artvest's interest in Unit 001, shall run with Unit 001 and may be exercised by <br />Artvest and any subsequent owner(s) of Unit 001. <br />IN WITNESS WHEREOF, the parties have caused this Assignment of Easement to be <br />effective as of the date written above. <br />"ARTVEST" <br />Artvest III, a Nebraska general partnership <br />By: <br />By: <br />"EQUITABLE" <br />Equitable Building and Loan Association of Grand Island, <br />Nebraska, a/k/a Equitable Bank <br />Community Bank President <br />201304468 <br />
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