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It is further agreed as follows:
<br />Return to: Seiler & Parker, P.C., L.L.O., P.O. Box 1288, Hastings, NE 68902 -1288
<br />EASEMENT AND RIGHT OF WAY AGREEMENT
<br />That THELEN GRAIN CO., a Nebraska Corporation, whose mailing address is 124 W Ninth
<br />St., P.O. Box 7, Wood River, Nebraska, 68883, for themselves, heirs, successors or assigns, ( "Grantor ")
<br />for and in consideration of One Dollar ($1.00), the receipt and adequacy of which is hereby
<br />acknowledged, does hereby grant and confirm unto SOUTHERN PUBLIC POWER DISTRICT, a
<br />Public Corporation, whose mailing address is P.O. Box 1687, Grand Island, Nebraska, 68802 -1687, its
<br />successors and assigns, ( "Grantee ") a perpetual permanent easement ( "Easement ") with rights of ingress
<br />and egress for the purposes of surveying, constructing, reconstructing, maintaining, operating, inspecting,
<br />renewing, repairing, removing, replacing, changing the size of, upgrading, removing, and abandoning
<br />underground power lines and all related above and below ground appurtenances (collectively the
<br />"Distribution Line "), in on, over, under, across, upon and through the following described real estate:
<br />A tract of land comprising of part of the Southeast Quarter of the Northeast
<br />Quarter (SE % NE %) and the Northeast Quarter of the Southeast Quarter (NE 1/4
<br />SE %) of Section Thirty -Six (36), Township Nine (9) North, Range Eleven (11),
<br />West of the 6th P.M., Hall County, Nebraska, more particularly described as
<br />follows:
<br />Beginning at the Northeast Corner of said Southeast Quarter of the Northeast Quarter (SE
<br />NE %), thence running Southerly along East line of said Section, a distance of one
<br />thousand two hundred seventy two and nineteen hundredths (1272.19) feet to the actual
<br />point of beginning; thence deflecting right 87° 57' 01" and running Southwesterly a
<br />distance of one thousand three hundred twenty three and forty five hundredths
<br />(1323.45) feet; thence deflecting left 87° 55' 34" and running Southerly a distance
<br />of twenty and one hundredth (20.01) feet; thence deflecting left 92° 04' 26" and
<br />running Northeasterly a distance of one thousand three hundred twenty three
<br />and forty six hundredths (1323.46) feet; thence deflecting left 87° 57' 01" and
<br />running Northerly along east side of said section a distance of twenty and one
<br />hundredth (20.01) feet to the actual point of beginning.
<br />The construction or location of any building or structure, excluding fences, over, upon, or under
<br />the Easement shall be prohibited by Grantor.
<br />1. That at pole locations, only a single pole will be used and that the location of the poles
<br />will be such as to form the least possible interference to farm operations, so long as it does not materially
<br />increase the cost of production. Power poles and anchors to be installed on the above described tract of
<br />land.
<br />2. That Grantee shall have the right from time to time and during any construction,
<br />operation, repair, relocation or removal of the Distribution Line, to cut and trim any trees, shrubs, brush or
<br />other obstructions that may injure, endanger or interfere with the operation or maintenance of the
<br />Distribution Line.
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