|
FILE HUY
<br />20010001
<br />H & H PARTNERSHIP
<br />DUPLICATE ORIGINAL
<br />188 -00
<br />R-4 -1096W7
<br />UNION PACIFIC RAILROAD COMPANY, a Utah corporation ( "Grantor ") for and
<br />in consideration of Ten Dollars ($10.00) and other valuable consideration, the receipt whereof is
<br />hereby acknowledged, does hereby grant to H & H PARTNERSHIP, a Nebraska General
<br />Partnership, ( "Grantee "), and its successors and assigns, PERMANENT RIGHTS (hereinafter the
<br />'Rights ") in, on, along and over the property consisting of 39,904 square feet, more or less as situated
<br />in the S1 /2 NWl /4 of Section 20, Township 11 North, Range 9 West of the Sixth Principal Meridian
<br />in Hall County, Nebraska, as more particularly described in Exhibit A, hereto attached and hereby
<br />made a part hereof (hereinafter the "Premises "), together with the right of ingress and egress to the
<br />Premises.
<br />RESERVING, however, to the Grantor, its successors and assigns, the right to
<br />construct and maintain at any and all times fiber optic, communication or signal lines, or other
<br />wielines or pipelines over, under and across the Premises, but in such a way as to not unreasonably
<br />interfere with Grantee's use of the Premises for the purposes specified in this Right's Agreement.
<br />RESERVING, further, unto the Grantor, its successors, assigns and lessees, the
<br />nonexclusive right to use an existing gravel roadway in the location indicated on the print dated
<br />November 8, 1994, marked Exhibit B, hereto attached and hereby made a part hereof.
<br />This Right's Agreement is also made SUBJECT to all outstanding licenses and other
<br />outstanding rights, including, but not limited to, those for pipe, wire, telephone, electric and fiber
<br />optic lines and the right of renewals and extensions of the same and subject also to all conditions,
<br />limitations, restrictions, encumbrances, reservations or interests of any person or entity, which may
<br />affect the Premises, whether recorded or unrecorded.
<br />The Rights granted herein are also subject to the terms, conditions, limitations and
<br />covenants contained in Exhibit C, hereto attached and hereby made a part hereof, which terms,
<br />conditions, limitations and covenants shall run with the Rights granted herein. By its acceptance of
<br />this Agreement, the Grantee, its successors and assigns, agrees to observe each and all of said terms,
<br />limitations, conditions and covenants.
<br />The Rights granted herein are limited to such rights as the Grantor may have in the
<br />Premises and are granted without warranty, express or implied.
<br />If the Grantee, its successors and assigns, shall abandon the Premises, or any portion
<br />of the Premises, for the purposes of this Rights Agreement, the Rights granted herein shall cease and
<br />G: \LAWADM \PAR \JML \188- 00.PRA
<br />EXHIBIT "A"
<br />
|