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DEED OF EASEMENT
<br />201405735
<br />The U.S. DEPARTMENT OF VETERANS AFFAIRS, acting for and in behalf of the
<br />UNITED STATES OF AMERICA, hereinafter referred to as the Government, under and
<br />by virtue of the authority contained in 40 United States Code 1314 (76 Stat. 1129),
<br />having determined that it will not be adverse to the interests of the United States, does
<br />hereby grant and convey, for and in consideration of one dollar ($1.00), and other good
<br />and valuable consideration, the receipt and sufficiency of which is hereby
<br />acknowledged, without covenant or warranty of any kind and subject to the conditions
<br />hereinafter stated, unto the CITY OF GRAND ISLAND, NEBRASKA, whose address is
<br />100 East First Street, Grand Island, NE 68801, hereinafter referred to as the Grantee,
<br />its successors and assigns, an easement and right of way for the purposes of
<br />constructing and maintaining an underground sanitary sewer line thereon, hereinafter
<br />referred to as "said facilities," to be on, over, under, across or through a portion of the
<br />VHA Nebraska Western Iowa Healthcare System, Grand Island Campus, Grand Island,
<br />Nebraska which the Government owns in the City of Grand Island, County of Hall, State
<br />of Nebraska, as described on Exhibit A and depicted on Exhibit B, attached hereto and
<br />made a part hereof.
<br />The Easement is granted subject to the following conditions and provisions:
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<br />1. That the Government reserves unto itself rights for all purposes across, over, or
<br />under the easement area herein described; such rights, however, to be exercised in a
<br />manner which will not create undue interference with the use and enjoyment by the
<br />Grantee of said easement; provided, that any construction by the Government in
<br />connection with the rights so reserved shall be at the expense of the Government.
<br />2. That said facilities shall be installed, operated, maintained, reconstructed,
<br />repaired, and replaced by the Grantee within the easement area without cost to the
<br />Government, under the general supervision and subject to the approval of the
<br />Government official having immediate jurisdiction over the property. The Grantee shall
<br />replace, repair, restore, or relocate any property of the Government affected or
<br />damaged directly or indirectly by the construction, reconstruction, installation, operation,
<br />maintenance, and replacement of said facilities all to the satisfaction of the Government
<br />official having immediate jurisdiction over the property.
<br />3. No mining operations shall be conducted on the premises described above. No
<br />minerals shall be removed therefrom except such as are reasonably necessary incident
<br />to the utilization of the described premises for the purpose for which the easement is
<br />granted.
<br />4. That the Grantee will indemnify and save the Government harmless from any
<br />liability or responsibility of any nature whatsoever arising directly or indirectly from the
<br />privileges herein granted.
<br />5. That all right, title, interest, and estate hereby granted shall cease and terminate
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