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DEED OF EASEMENT
<br />Water Utilities
<br />Grand Island, Nebraska
<br />The Easement is granted subject to the following conditions and provisions:
<br />201602902
<br />The U.S. Department of Veterans Affairs (hereinafter referred to as "VA "), acting for and
<br />in behalf of the United States of America (hereinafter referred to as the "Government "),
<br />under and by virtue of the authority contained in 40 United States Code 1314 (116 Stat.
<br />1139), having determined that it will not be adverse to the interests of the United States,
<br />does hereby grant and convey, for and in consideration of One Dollar ($1.00), and other
<br />good and valuable consideration, the receipt and sufficiency of which is hereby
<br />acknowledged, without covenant or warranty of any kind and subject to the conditions
<br />hereinafter stated, unto the City Of Grand Island, Nebraska, a municipal corporation in
<br />Hall County, Nebraska, (hereinafter referred to as the "Grantee "), its successors and
<br />assigns, an easement and right of way for the purposes of surveying, construction,
<br />inspection, maintenance, repair, replacement, relocation, extension, removal, and
<br />operation of an underground water line and appurtenances connected therewith,
<br />(hereinafter referred to as "Said Facilities ") to be on, over, under, across or through a
<br />portion of Lot One (1), Lot Two (2), and Lot Three (3) Victory Village Subdivision in the
<br />City of Grand Island, Hall County, Nebraska, which is a portion of the Grand Island VA
<br />Medical Center, which the undersigned owns in the City of Grand Island, State of
<br />Nebraska all as depicted and described on Exhibit "A ", which is a legal survey by
<br />Rockwell and Assoc. Engineering & Surveying dated January 15, 2016, attached hereto
<br />and made a part hereof. The property is currently encumbered by that Amendment #1
<br />to the Enhanced -- Use Lease of Certain Real Property and Facilities of the VA
<br />Nebraska - Western Iowa Health Care System, Grand Island Community Living Center
<br />and Community -Based Outpatient Clinic Campus, in Grand Island, Nebraska, dated
<br />December 3, 2015, as may be amended from time to time, ( "EUL ") by and between VA
<br />and Victory Village, LLC ( "Lessee "). Government is granting this easement at the
<br />request of, and with the consent of, the Lessee.
<br />1. The term of this Deed of Easement shall not exceed seventy -five (75) years and
<br />shall expire on the earlier of the termination or the expiration of the EUL, commencing
<br />on April 20, 2016 . The Government shall provide Grantee with not less than ninety
<br />(90) days prior notice that the EUL will be or reasonable prior notice in the event the
<br />EUL is terminated.
<br />2. That the Government reserves unto itself rights for all purposes across, over, or
<br />under the Easement; such rights, however, to be exercised in a manner that will not
<br />create undue interference with the use and enjoyment by the Grantee of said
<br />Easement; provided, that any construction by the Government in connection with the
<br />rights so reserved shall be at the expense of the Government.
<br />3. Grantee acknowledges the property is currently encumbered by the EUL. Lessee,
<br />and Lessee's Successor(s), as defined in Article 1 of Amendment #1 to the EUL, as
<br />may be amended from time to time, shall have the right to use the easement area for
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