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201403613
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Last modified
8/19/2014 2:26:13 PM
Creation date
6/16/2014 3:59:25 PM
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DEEDS
Inst Number
201403613
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20/403613 <br />manner to take advantage of existing trees, access to utilities, water, public roads and <br />existing drainages, and to minimize disturbance to the Conservation Values. <br />5. NOTICE AND APPROVAL REQUIREMENTS. <br />5.1 Notice. For activities for which the Conservancy's prior approval is not expressly <br />required, Grantee hereby agrees to notify the Conservancy in writing fifteen (15) days <br />before exercising any reserved or retained right under this Conservation Easement that <br />may have an adverse impact on the Conservation Values. <br />5.2 Approval. When the Conservancy's approval is required prior to Grantee <br />engaging in any activity, Grantee's request for approval shall be in writing and contain <br />detailed information regarding the proposed activity. Such a request shall be delivered to <br />the Conservancy at least sixty (60) days prior to the anticipated start date of such activity. <br />The Conservancy agrees to use reasonable diligence to respond to the request within 60 <br />days; provided, however, that approval shall not be deemed to have been given in the <br />event of the Conservancy's delay in response. This section is only intended to request <br />approval for activities that are expressly allowed in the Conservation Easement but that <br />are subject to the Conservancy's approval or consent. It is not intended for any other <br />purpose, including, without limitation, to request approval for activities that are expressly <br />prohibited or activities for which an amendment of this Conservation Easement is <br />needed. <br />6. CONSERVANCY'S RIGHTS. To accomplish the Conservation Purpose, the following <br />rights are granted to The Conservancy (and The Conservancy's agents, representatives and <br />invitees) by this Conservation Easement: <br />6.1 Right to Enforce. The right to preserve and protect the Conservation Values of the <br />Property and enforce the terms of this Conservation Easement. <br />6.2 Right of Entry. The right to enter the Property at reasonable times for the <br />purposes of: (a) inspecting the Property to determine if there is compliance with the <br />terms of this Conservation Easement; (b) obtaining evidence for the purpose of seeking <br />judicial enforcement of this Conservation Easement. The Conservancy agrees that entry <br />will be done in a manner that will not interfere unreasonably with Grantee's permitted <br />uses of the Property. In the event Grantee elects to maintain gated, locked access to and <br />through the Property, Grantee shall provide the Conservancy with keys for all such locks. <br />This right of entry shall include the right to access the Property over roads owned <br />by Grantee and any rights -of -way or other access ways now or hereafter available to <br />Grantee for access to the Property including without limitation that certain non - exclusive <br />easement of right of way described in the Abandonment of the State of Nebraska <br />Department of Roads dated October 12, 1994, and recorded as document 94- 108693 in <br />the Land Records of Hall County, Nebraska. <br />Page 13 of 24 Pages <br />
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