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FEET TO THE NORTH LINE OF A SAID SOUTHWEST QUARTER;
<br />THENCE S88 °35'10 "W ON SAID NORTH LINE, A DISTANCE OF 542.15
<br />FEET; THENCE S19 °1747 "E, A DISTANCE OF 116.10 FEET; THENCE
<br />S08 °27'54 "E, A DISTANCE OF 125.88 FEET; THENCE S32 °43'31 "E, A
<br />DISTANCE OF 93.73 FEET; THENCE S74 °15'46 "E, A DISTANCE OF 58.79
<br />FEET; THENCE S12°49'09"E, A DISTANCE OF 32.41 FEET; THENCE
<br />S47 °36'52 "E, A DISTANCE OF 65.94 FEET; THENCE S11 °00 "W, A
<br />DISTANCE OF 26.70 FEET; THENCE S34 °1826 "E, A DISTANCE OF 122.87
<br />FEET; THENCE S29 °07'44 "W, A DISTANCE OF 24.11 FEET; THENCE
<br />S07 °38'04 "E, A DISTANCE OF 248.02 FEET; THENCE S12 °08'09 "E, A
<br />DISTANCE OF 128.07 FEET; THENCE S21 °02'37 "E, A DISTANCE OF 113.63
<br />FEET; THENCE S08 °30'25 "W, A DISTANCE OF 88.83 FEET; THENCE
<br />S45 °57'31 "W, A DISTANCE OF 28.48 FEET; THENCE S30 °21'51 "W, A
<br />DISTANCE OF 44.01 FEET; THENCE S84 °20'52 "W, A DISTANCE OF 69.97
<br />FEET; THENCE S15 °07'29 "W, A DISTANCE OF 77.39 FEET; THENCE
<br />N69 °07'07 "W, A DISTANCE OF 53.05 FEET; THENCE S53 °57'33 "W, A
<br />DISTANCE OF 65.89 FEET; THENCE S70 °02'10 "E, A DISTANCE OF 53.41
<br />FEET; THENCE S81 °22'22 "E, A DISTANCE OF 88.33 FEET; THENCE
<br />N61 °22'54 "E, A DISTANCE OF 62.70 FEET; THENCE S66 °01'27 "E, A
<br />DISTANCE OF 81.54 FEET; THENCE N71 °49'23 "E, A DISTANCE OF 74.87
<br />FEET; THENCE S80 °21'15 "E, A DISTANCE OF 107.39 FEET; THENCE
<br />N66 °51'35 "E, A DISTANCE OF 87.20 FEET; THENCE N34 °23'59 "E, A
<br />DISTANCE OF 60.09 FEET; THENCE N69 °12'30 "E, A DISTANCE OF 126.25
<br />FEET; THENCE S42 °50'14 "E, A DISTANCE OF 149.58 FEET; THENCE
<br />S59 °29'10 "E, A DISTANCE OF 156.11 FEET; THENCE S53 °27'39 "E, A
<br />DISTANCE OF 85.28 FEET; THENCE S17 °49'25 "E, A DISTANCE OF 45.80
<br />FEET; THENCE S38 °43'29 "E, A DISTANCE OF 38.73 FEET; THENCE
<br />S11 °36'00 "E, A DISTANCE OF 127.13 FEET; THENCE S31 °40'34 "E, A
<br />DISTANCE OF 95.36 FEET; THENCE S09 °59'22 "W, A DISTANCE OF 54.04
<br />FEET; THENCE S27 °23'24 "E, A DISTANCE OF 36.09 FEET; THENCE
<br />S07 °54'36 "E, A DISTANCE OF 126.80 FEET; THENCE S22 °11'47 "E, A
<br />DISTANCE OF 70.15 FEET; THENCE S07 °37'54 "W, A DISTANCE OF 76.70
<br />FEET; THENCE S25 °14'48 "E, A DISTANCE OF 75.16 FEET; THENCE
<br />S42 °12'27 "E, A DISTANCE OF 90.28 FEET; THENCE S56 °54'46 "E, A
<br />DISTANCE OF 130.36 FEET; THENCE N20 °49'51 "E, A DISTANCE OF 14.83
<br />FEET; THENCE N88 °36'22 "E, A DISTANCE OF 39.26 FEET; THENCE
<br />N13 °07'33 "W, A DISTANCE. OF 80.40 FEET; THENCE N22 °19'12 "W, A
<br />DISTANCE OF 175.31 FEET; THENCE N18 °25'58 "E, A DISTANCE OF
<br />165.09 FEET; THENCE N05 °49'06 "E, A DISTANCE OF 164.23 FEET;
<br />THENCE N55 °23'50 "E, A DISTANCE OF 86.18 FEET; THENCE N89 °47'12 "E,
<br />A DISTANCE OF 69.00 FEET; THENCE S66 °54'30 "E, A DISTANCE OF 87.26
<br />FEET TO THE POINT OF BEGINNING, CONTAINING 39.11 ACRES, MORE
<br />OR LESS,
<br />201401786
<br />hereinafter referred to as the "Permanent Flood Easement," and depicted on Exhibit "A" attached
<br />hereto and incorporated by this reference, as a result of the Grantee's operation of a floodway
<br />control dam and other flood control mechanisms located on a neighboring parcel or parcels; and
<br />WHEREAS, the Grantor and the Grantee previously disagreed as to the fair market value
<br />for the above - reference Permanent Flood Easement, resulting in the Grantee filing a condemnation
<br />action in the Hall County Court, and the Grantor subsequently filing an action in the Nebraska
<br />District Court for the District of Hall County, Nebraska, Case No. CI 12 -929, challenging the
<br />valuation made by the County Court's three- person Board of Appraisers in the initial
<br />condemnation action; and
<br />WHEREAS, the Grantor and the Grantee participated in a mediation, as ordered by the
<br />District Court in the aforementioned district court case, on February 15, 2014, in an effort to come
<br />to a mutual agreement on the fair market value of the above - referenced Permanent Flood
<br />Easement, and to settle the legal action; and
<br />WHEREAS, following the mediation, the Grantor and the Grantee entered into a
<br />Memorandum of Understanding with regard to the fair market value of the above - referenced
<br />2
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