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By: ROBERT P. HERMAN
<br />Title:Partner
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<br />GRAND ISLAND -I
<br />GRANT OF EASEMENT
<br />(Buried and Underground Facilities)
<br />ROBERT P. HERMAN AND JOHN C. HERMAN PARTNERSHIP, a Nebraska General P
<br />OHN C. HE
<br />artner
<br />ROBERT P. HERMAN AND JOHN C. HERMAN PARTNERSHIP, a Nebraska General Partnership
<br />FOR A GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the undersigned Grantor(s),
<br />hereinafter referred to as Grantor, does hereby grant, convey, and warrant unto NEBRASKALINK, LLC, a Nebraska Corporation,
<br />with its principal office at Lincoln, Nebraska, hereinafter referred to as Grantee, its successors, assigns, and lessees the right and
<br />easement to construct, operate, maintain, replace, and remove such communications systems as the Grantee may from time to time
<br />require. Said communications systems shall consist of buried cable or conduit, surface terminals, surface markers (at fence lines, if
<br />any) and associated equipment which will be installed, maintained, reinforced, or removed as the Grantee may deem necessary for the
<br />purpose of exercising the rights herein granted upon, under, across, over and through the following described real estate located in the
<br />County of Hall , State of Nebraska. More specifically described as:
<br />A buried cable occupying a 5 foot wide parcel in Lot 3, Block 1 in Lambert's Second Addition to the City of Grand Island, Hall
<br />County, Nebraska.
<br />Said 5 foot wide parcel is located running in a north/south direction along and adjacent to the west edge of the current parking lot and
<br />driveway for a distance of approximately 174 feet.
<br />If necessary, said parcel may deviate to go around buildings, structures, trees and inaccessible waste areas. The boundaries of said
<br />parcel shall be lines parallel to and 8.25 feet either side of said cable.
<br />Grantee agrees to install all facilities designed for underground installation at sufficient depth, no less than 3 feet, so as to not interfere
<br />with Grantor's present, normal usage of the land and to pay for all damages including any crop damage to Grantor's property arising
<br />from the Grantee's exercise of the rights herein granted. The Grantor, his heirs or assigns, may cultivate, use, and enjoy the land above
<br />described provided such use shall not interfere with or endanger the construction, operation, or maintenance of said lines and provided
<br />further that no improvements or buildings shall be constructed on said right of way without the prior written consent of the Grantee.
<br />Grantor, his heirs or assigns, agents and tenants are not responsible for any damage to buried cable or conduit, surface terminals,
<br />surface markers and associated equipment which may be installed as granted by this easement provided it is damaged by normal
<br />farming operations or provided that grantees are notified prior to any construction in the vicinity of the buried cable.
<br />Notwithstanding any other term or provision of this Agreement, the parties acknowledge and agree that NebraskaLink shall have the
<br />right to mortgage, pledge, and assign this Agreement, and all of NebraskaLink's right, title and interest hereunder, to and in favor of
<br />National Telecommunications and Information Administration through the National Oceanographic and Atmospheric Administration,
<br />in its capacity as the BTOP Grants Office, UNITED STATES OF AMERICA along with its successors and assigns (the "Permitted
<br />Assignee "), in connection with a fmancial assistance award designated as NTIA/BTOP Grant Award No. NT!0BIX5570112 (the
<br />"Award "). Such assignment and interest of Permitted Assignee herein and Permitted Assignee's right to further assign this Agreement,
<br />are hereby expressly consented to by the parties to this Agreement. Upon receipt of notice from the Permitted Assignee that
<br />NebraskaLink has failed to comply with the terms and conditions of the Award and that the Permitted Assignee is exercising its rights
<br />with respect to the assignment of this Agreement, Lessor agrees to recognize Permitted Assignee as a party to this Agreement in the
<br />place of NebraskaLink, giving Permitted Assignee full benefit of the Easement and all other rights under this Agreement, in accordance
<br />with the terms and provisions thereof. The parties agree to further modify this Agreement in such manner as is or may be required by
<br />Permitted Assignee for NebraskaLink to comply with the terms and conditions of the Award.
<br />Signed this day of 20 (
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