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THEREFORE, in consideration of the mutual covenants contained herein, it is agreed:
<br />1. Conveyance of Easements. For and in consideration of Four Hundred Eighty -Five
<br />and No /100 Dollars ($485,000.00) and other good and valuable consideration, the Grantor hereby
<br />grants and conveys unto the Grantee, its successors and assigns, the above - described Permanent
<br />Flood Easement and Temporary Construction Easement upon those parcels of real estate as
<br />described in the recitals above, and agrees to convey by proper warranty deed Tract 6 as identified
<br />in the Amended Report of Appraisers filed August 13, 2012, from which the Grantor took its
<br />appeal in the aforementioned district court action.
<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 -930, upon execution of this
<br />Permanent Flood Easement and Temporary Construction Easement Agreement;
<br />execute a warranty deed for that portion of the Grantor's property on which the
<br />flood control dam mechanism has been constructed, more specifically identified as
<br />Tract 6 in the Amended Report of Appraisers filed August 13, 2013 in the County
<br />Court of Hall County, Nebraska, Case No. CI 12 -1762; and
<br />(c) not allow any structures, buildings, or other property of any kind
<br />whatsoever, to be erected, constructed, placed, stored or accumulated in,
<br />up, above, along, over, across, or through the easement herein granted.
<br />3. Termination of Temporary Construction Easement. The Grantor and the Grantee
<br />hereby acknowledge that the Temporary Construction Easement referenced hereinabove has
<br />previously been fully and properly utilized by the Grantee pursuant to the Award of the Board of
<br />Appraisers entered in the initial county court action filed in the County Court of Hall County,
<br />Nebraska. As such, the Grantor and the Grantee agree that the need for the Temporary
<br />Construction Easement has passed, and although the Temporary Construction Easement will not
<br />be used in the future, hereby acknowledge that the consideration contained herein shall
<br />satisfactorily compensate the Grantor for the Grantee's prior use of the Temporary Construction
<br />Easement.
<br />(b)
<br />4. 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 easement with the permission or at the direction of the
<br />Grantee, its heirs, successors and assigns.
<br />5. Binding Effect. This Permanent Flood Easement and Temporary Construction
<br />Easement Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto,
<br />and their heirs, legal representatives, successors and assigns.
<br />IN WITNESS WHEREOF, the undersigned have executed this Permanent Flood Easement
<br />and Temporary Construction Easement Agreement on the date first above.
<br />6
<br />STUART W. MIETH TRUST
<br />By: a30-44171.. - • ° 17,0t ,
<br />Carol M. Mieth,f
<br />and
<br />the STUART W. MIETH TRUST
<br />c0 i`7)•
<br />CAROL M. ME
<br />in her individual capacity
<br />"Grantor"
<br />201 4021 27
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