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Permanent Flood Easement, and subsequently entered into a Settlement Agreement and Release;
<br />and
<br />WHEREAS, in accordance with the Memorandum of Understanding and the Settlement
<br />Agreement and Release entered into by the Grantor and the Grantee in settlement of the above -
<br />referenced district court case, the Grantor is willing to grant such Permanent Flood Easement to
<br />the Grantee, its successors, and assigns for the purposes of flooding the area subject to the
<br />Permanent Flood Easement from time to time, and for maintaining the area subject to the
<br />Permanent Flood Easement, as needed to properly operate the floodway dam and related structures
<br />situated on a neighboring parcel or parcels, subject to the condition that all obligations herein
<br />required are performed;
<br />THEREFORE, in consideration of the mutual covenants contained herein, it is agreed:
<br />1. Conveyance of Easements. For and in consideration of One Hundred Sixty-Five
<br />Thousand and No /100 Dollars ($165,000.00) and other good and valuable consideration, the
<br />Grantor hereby grants and conveys unto the Grantee, its successors and assigns, the above -
<br />described Permanent Flood Easement upon those parcels of real estate as described in the recitals
<br />above.
<br />2. Obligations of the Grantor. The Grantor, its heirs, successors and assigns, shall:
<br />(a) dismiss with prejudice that action filed in The Nebraska District Court for the
<br />District of Hall County, Nebraska, Case No. CI 12 -929, upon execution of this
<br />Permanent Flood Easement; and
<br />(b)
<br />not allow any structures, buildings, or other property of any kind whatsoever, to
<br />be erected, constructed, placed, stored or accumulated in, up, above, along, over,
<br />across, or through the easement herein granted.
<br />201401786
<br />3. Indemnification. The Grantee, its heirs, successors and assigns, shall indemnify
<br />and hold the Grantor, its heirs, successors and assigns, harmless from any liability in respect to the
<br />injury of any person while using such the Permanent Flood Easement.
<br />4. Binding Effect. This Permanent Flood Easement Agreement shall be binding upon,
<br />and shall inure to the benefit of, the parties hereto, and their heirs, legal representatives, successors
<br />and assigns.
<br />IN WITNESS WHEREOF, the undersigned have e - cuted this Permanent Flood Easement
<br />on the date first above.
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<br />10. • rA.
<br />TH L. LA
<br />T L.�BROEDER
<br />LYLE BROEDER
<br />"Grantor"
<br />CENTRAL PLATTE NATURAL
<br />RESOURCES DISTRICT, aNebraska
<br />Political S ' division
<br />B
<br />gt, eneral Man
<br />"Grantee"
<br />
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