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'lease return to:
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<br />Hamilton Long Distance Company, 1001 12" Street, Aurora, NE 68818
<br />EASEMENT AND RIGHT -OF -WAY AGREEMENT
<br />Platte Valley Industrial Park Third Subdivision Lot 12
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<br />For and in consideration of the sum of Ten Dollars ($10.00) paid in accordance with this Easement and Right -
<br />of -Way Agreement (this "Agreement "), the mutual promises of the parties herein and other good and valuable
<br />consideration, the receipt and sufficiency of which are hereby acknowledged (collectively, the "Consideration "), Gappa
<br />Distributing, Inc., a Nebraska corporation, and Boyd & Boyd Investments, LLP, a Nebraska Limited Liability Partnership,
<br />whose mailing address is 4845 Juergen Road, Grand Island, Nebraska 68803 (hereinafter called "Grantors ") does hereby
<br />grant, sell, convey and warrant unto Hamilton Long Distance Company, a Nebraska Corporation having its principal place of
<br />business at 1001 12 Street, Aurora, NE 68818, its successors and assigns (hereinafter called "Grantee "), a perpetual
<br />permanent easement and right -of -way (the "Easement ") for the purposes of surveying, laying, constructing, inspecting,
<br />maintaining, operating, repairing, replacing, altering, reconstructing, removing and abandoning in place telecommunication
<br />cables, together with all fittings, markers, and all other equipment and appurtenances thereto, on, under, across and/or
<br />through a strip of land 10 feet in width, as more particularly described in Exhibit A. which is attached hereto and made a part
<br />hereof (the "Easement Area ") located on real property situated in the County of Hall, State of Nebraska owned by Grantors
<br />and described as follows:
<br />(the "Property"). In addition, during the original installation of the telecommunication cables, the easement and
<br />right -of -way granted hereunder shall also include all areas necessaries for the installation of said telecommunication cables.
<br />1. Grantee shall have the right to remove all fences from the Easement Area as required for purposes of construction or
<br />repairs of Grantee's cables and Grantee shall repair all such fences promptly upon completion of construction or repairs on
<br />Grantor's Property to substantially the same condition as such fences were in prior to removal by Grantee. Grantee further
<br />shall have the right to install access gates in any fences which cross the Easement Area. Grantee and its designated
<br />contractors, employees and invitees hereby agree to keep all access gates closed at all times when not in use.
<br />2. Grantee shall have the right hereafter to cut, keep clear and remove all trees, brush, shrubbery, undergrowth,
<br />buildings, engineering works, structures and other obstructions or facilities, without additional compensation, in the
<br />Easement Area being conveyed that are deemed by Grantee to injure, endanger or interfere in any manner with the proper
<br />and efficient construction, operation, use, inspection, maintenance or repair of said cables, fittings and other appurtenances
<br />thereto. Grantee shall have all privileges necessary or convenient for the full use of the rights herein granted, together with
<br />reasonable ingress and egress over and across that part of the Property located adjacent to the Easement Area, provided.
<br />however, except in case of emergency, Grantee agrees that to the extent existing public roads, public rights -of -way, the
<br />Temporary Access Easements (if any) or other easements in favor of Grantee provide reasonable access to the Easement
<br />Area and Temporary Work Space, Grantee shall use such existing roads, rights -of -way, and easements for ingress and
<br />egress.
<br />3. Grantee shall dispose of all brush and debris, if any, cleared from the Easement Area by burning, chipping, and/or
<br />burying, which method of disposal shall be selected by Grantee in Grantee's sole discretion.
<br />4. Notwithstanding anything herein to the contrary, except as otherwise required by applicable law, regulations or
<br />industry standards, Grantee shall not install or maintain any permanent above - ground structures of any kind on or within the
<br />Easement Area other than markers which may be required to be placed along the Easement Area by applicable regulations
<br />and statutes.
<br />5. The undersigned hereby bind themselves, and their respective heirs, executors, administrators, successors and
<br />assigns, to this Agreement unto Grantee, its successors and assigns. The Easement granted hereby shall create a covenant
<br />and burden upon the Property and running therewith.
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