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czo 01 2 V r- c ri f1 r ' C 1 -.I m 0 .v o - 1 r- .x. rrro Cfl CD tri v ) co ) C EASEMENT AND ANNUAL WATER USE AGREEMENT This Easement and Annual Water Use Agreement is entered into by and between Cheryl B. Kuehner, single, and Paul E. Sullivan and Amanda I. Sullivan, Hsuband and Wife, as Joint Tenants, hereinafter referred to as Sullivan. WHEREAS, Cheryl B. Kuehner is the owner of the following described real estate to -wit: A parcel of property described as the Southeast Quarter of the Northwest Quarter (SE1/4NW1/4) and the West Half of the Northeast Quarter (WANE %) in Section 35, Township 10 North, Range 9 West of the 6th P.M., Hall County, Nebraska. WHEREAS, Sullivan is the owner of the following described real estate to -wit: A parcel of property described as the West Half of the Northwest Quarter (WIANW1/4) of Section 35, Township 10 North, Range 9 West of the 6th P.M., Hall County, Nebraska, except a tract of land in part of the Northwest Quarter of the Northwest Quarter (NW %NW1/4) of Section 35, Township 10 North, Range 9 West of the 6 P.M., Hall County, Nebraska, being more particularly described as follows: Commencing at the Northwest corner of said Section 35; thence South for 274.00 feet along the Westerly line of the Northwest Quarter (NW %) of said Section 35 to the true point of beginning; thence South 89 degrees, 36 feet, 5 inches East for 393.00 feet on a line 274.00 feet from and parallel with the Northerly line of the Northwest Quarter (NW %) of said Section 35; thence South for 360.00 feet; thence North 89 degrees, 36 feet, 5 inches West for 393.00 feet to a point on the Westerly line of the Northwest Quarter (NW') of said Section 35; thence North for 360.00 feet along the Westerly line of the Northwest Quarter (NW 1/4) of said Section 35 to the point of beginning. (The Westerly line of the Northwest Quarter NW %) of said Section 35 assumed North -South in direction.) Containing 3.25 acres less road right -of -way. WHEREAS, the two tracts adjoin each and the parties wish to enter into an agreement whereby Cheryl B. Kuehner will supply water from a well located on her parcel and the well will supply water to an irrigation system that will irrigate both the tracts owned by Kuehner and Sullivan. WHEREAS, it is the intention of the parties that this be an annual easement and agreement commencing for the 2014 crop year, from the date of execution to January 31, 2015. Unless written notice is given by either party to the other, at lease on or before January 31, 2015, it will be renewed on an annual basis under the same terms and conditions. IT IS THEREFORE AGREED that Sullivan's shall have access across Kuehner's property to erect and install an irrigation system, including all pumps, power sources, delivery lines, and all other equipment related to the system and to access the well and irrigation system and then to maintain, repair, replace, remove, operate and use the well and irrigation system to water the crops on both parcels, as necessary.