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__ • . MI NMI MM1 111111•11111=1•1 #13360051 vl (1356421) (B) XI - n x C3 ow 311 " ft us 1 7C Z ASSIGNMENT OF EASEMENT Assignor covenants with Assignee that Assignor: has legal power and lawful authority to convey the same; and Executed effective as of November 1, 2010. ITT fit rn rn rn C.71 Cr) DTE RAIL SERVICES, INC. a Michigan corporation By: Name: Matthew Paul Its: President 201506731 CD ) c� CJ --4 � � m o - - n KNOW ALL MEN BY THESE PRESENTS that DTE Rail Services, Inc., a Michigan corporation ( "Assignor "), for good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, assign, transfer, quit claim and set over to FreightCar Rail Services, LLC, a Delaware limited liability company ( "Assignee "), all of Assignor's right, title and interest as the assignee under that certain Department of the Army Assignment of Easement Interests for Access Roads and Railroad Facilities and Bill of Sale for Rails, Ties, Beds and Ballast Located on Comhusker Army Ammunition Plant Hall County, Nebraska dated December 27, 2005, and recorded as Instrument No. 200600528 with the Hall County Register of Deeds, in and to the easements described in Exhibit A attached hereto, but subject to the matters set forth in Exhibit 13 attached hereto. (A) is lawfully seised of such easement rights and tracks and that the same are free from all liens, claims, reservations, restrictions and encumbrances, except: (1) as specifically provided in Instrument No. 200600528 so that the rights granted and the warranties made herein are subject to the rights and warranties granted in Instrument No. 200600528, and (2) for all easements, restrictions and covenants of record and the matters set forth in Exhibit B. and further, although Assignor is unaware of any easements, restrictions or covenants not of record, Assignor is not covenanting with Assignee with respect to the same, if any; (C) subject to the foregoing, warrants and will defend title to the title against the lawful claims of all persons claiming the same or any part thereof through, by or under Assignor. TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns.