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J <br />6Th <br />c p§-) <br />3 0 <br />EASEMENT <br />m y <br />r $ <br />Return to: Brian F. Beckner, Attorney at Law, P.O. Box 218, Osceola, NE 68651 <br />For and in consideration of One Dollar ($1.00) and Other Valuable Consideration, receipt <br />whereof is hereby acknowledged, Platte River Recovery Implementation Foundation, a <br />Nebraska non - profit corporation, Trustee, hereby called the Grantor, whether one or more, does <br />hereby grant, convey, and release unto Charles D. Rother and Katrina M. Rother, husband and <br />wife, as joint tenants with rights of survivorship, herein called the Grantee, an easement in, over, <br />and upon the following real estate situated in the County of Hall, State of Nebraska, to -wit: <br />for the following purposes: <br />See attached Exhibit "A" <br />For the purpose of full and free right and liberty for Grantee, in vehicles and machinery, or <br />in any other manner, to pass over and upon said real estate with rights of ingress and egress for all <br />lawful purposes connected with the use and enjoyment of Grantee's real estate adjoining: <br />See attached Exhibit `B" <br />The rights and privileges herein granted shall be subject to the following terms and <br />conditions: <br />(1) The consideration recited herein shall constitute payment in full for all damages <br />sustained or to be sustained by the Grantor by reason of the exercise of any of the rights or <br />activities granted or described by the above. <br />(2) There is reserved to the Grantor, its heirs and assigns, the right and privilege to use the <br />above - described lands of the Grantor at any time, in any manner, and for purposes not inconsistent <br />with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and <br />privileges herein granted. <br />(3) This Easement shall not pass nor shall the same be construed to pass to the Grantee any <br />fee simple interest or title to the above - described lands. <br />(4) Grantee agrees to use due care in the use and shall repair any damage caused to the <br />easement area. <br />(5) This Easement shall be perpetual, provided however, should Grantee obtain access to <br />the real estate described on Exhibit `B" from any other source, this Easement shall terminate upon <br />the recording of an Affidavit to such fact by the Grantor, it's successors and assigns. <br />(6) Grantee shall use due care in exercising its rights hereunder and shall repair any damage <br />