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n <br />en <br />n Z <br />ft <br />A to <br />ASSIGNMENT OF EASEMENT <br />20150673 - 0 . <br />1 r.. <br />=I C) Cr) <br />M 1I <br />• 61 m :13 �1 t`.._ <br />- 1 Fr <br />:` C3 .: _. Ca T� <br />``1 rn — � �.'- Cl.) <br />RI f :17 <br />(n ti CD <br />k C.) 7C <br />N `' <br />W cn <br />Cr) <br />KNOW ALL MEN BY THESE PRESENTS that DTE Rail Services, Inc., a <br />Michigan corporation ( "Assignor "), for good and valuable consideration, the receipt of which is <br />hereby acknowledged, does hereby grant, assign, transfer, quit claim and set over to FreightCar Rail <br />Services, LLC, a Delaware limited liability company ( "Assignee "), all of Assignor's right, title and <br />interest as the assignee under that certain Department of the Army Assignment of Easement <br />Interests for Railroad Facilities Located on Comhusker Army Ammunition Plant Hall County, <br />Nebraska dated July 26, 2004, and recorded as Instrument No. 200407898 with the Hall County <br />Register of Deeds, in and to the easements described in Exhibit A attached hereto, but subject to the <br />matters set forth in Exhibit B attached hereto. <br />Assignor covenants with Assignee that Assignor: <br />(A) is lawfully seised of such easement rights and tracks and that the same are <br />free from all liens, claims, reservations, restrictions and encumbrances, except: (1) as specifically <br />provided in Instrument No. 200407898 so that the rights granted and the warranties made herein are <br />subject to the rights and warranties granted in Instrument No. 200407898, and (2) for all easements, <br />restrictions and covenants of record and the matters set forth in Exhibit B, and further, although <br />Assignor is unaware of any easements, restrictions or covenants not of record, Assignor is not <br />covenanting with Assignee with respect to the same, if any; <br />(B) has legal power and lawful authority to convey the same; and <br />(C) subject to the foregoing, warrants and will defend title to the title against the <br />lawful claims of all persons claiming the same or any part thereof through, by or under Assignor. <br />#13360044 v1 (135642.2) <br />TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns. <br />Executed effective as of November I, 2010 <br />DTE RAIL SERVICES, INC. <br />a Michigan corpo ion <br />By: <br />Name: Matth w Paul <br />Its: President <br />