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<br />Return to:
<br />Daniel M. Placzek
<br />Leininger, Smith, Johnson, Baack
<br />Placzek & Allen
<br />104 N. Wheeler St., P.O. Box 790
<br />Grand Island, NE 68802 -0790
<br />Permanent Easement
<br />PERMANENT EASEMENT
<br />RECITALS
<br />WITNESSETH
<br />O'Neill Wood Resources, LLC, a Nebraska Limited Liability Company, is the owner of a
<br />tract of land more particularly described on attached Exhibit "A" incorporated herein by
<br />reference. There is located on said described land a certain railroad bed, ties and rails,
<br />hereinafter referred to as "railroad track," and the owner of the real estate, O'Neill Wood
<br />Resources, LLC, is willing to grant a permanent easement to FreightCar America, Inc.,
<br />FreightCar Rail Services, LLC, and their affiliates, successors, and assigns, as more particularly
<br />set forth herein.
<br />O'Neill Wood Resources, LLC, a Nebraska Limited Liability Company, "Grantor ", in
<br />consideration of Ten Dollars ($10.00), and other good and valuable consideration, receipt of
<br />which is hereby acknowledged, does hereby grant to FreightCar America, Inc., a corporation
<br />authorized to conduct business in Nebraska, FreightCar Rail Services, LLC, a limited liability
<br />company authorized to do business in Nebraska, and their affiliates, successors, and assigns,
<br />hereinafter referred to collectively as "Grantee," full and free right, liberty and authority to enter
<br />upon and to construct, operate and maintain a railroad track over and upon a strip of land Thirty
<br />(30) feet in width along the entire northerly boundary of the real estate described in Exhibit "A"
<br />incorporated herein by reference. Grantee shall have and hold said easement as a permanent
<br />easement appurtenant to its railroad track constructed upon said real estate so long as Grantee
<br />shall continue to utilize the said railroad track. Cessation of use of the easement for a term of six
<br />months will work an extinguishment of the easement and the full ownership of the easement will
<br />revert to the Grantor or its successors and assigns, unless Grantee gives written notice to Grantor
<br />of Grantee's intent to make continued use of the railroad track. As long as Grantee continues to
<br />operate the railroad track, the easement granted herein is in perpetuity to the Grantee, its
<br />successors and assigns, and is intended as an easement appurtenant to the land.
<br />As long as Grantee continues to operate the railroad track, Grantor agrees not to store any
<br />wood products within a Ten (10) foot wide strip along the entire southerly boundary line of the
<br />easement described herein. (Within Forty (40) feet of the center of the existing railroad track.)
<br />There is an existing fence located within the Thirty (30) foot easement area granted herein. The
<br />existing fence or a subsequent fence may continue to be located within the easement area and
<br />maintained by Grantor. Grantor grants to Grantee, its successors and assigns, ingress and egress
<br />over Grantor's remaining real estate described in Exhibit "A" for the purpose of providing weed
<br />control on either side of the existing fence within the easement area. In the event the existing
<br />fence or subsequent fence should be destroyed by Grantee, then Grantee by accepting and
<br />recording this Easement agrees to repair or replace the destroyed fence in its then existing
<br />location at its expense.
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