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<br />2. Rights of Easement. Shriner further grants and conveys unto Mader, and Mader's
<br />heirs, successors, and assigns, full and free right and liberty for Mader, and Mader's tenants,
<br />servants, visitors, and licensees, in common with all others having the like right, at all times
<br />hereafter, with or without vehicles of any description, for all purposes connected with the use
<br />and enjoyment of Mader's Real Estate for whatever purpose the said land may be from time to
<br />time lawfully used and enjoyed, to pass and re -pass along the said private drive so established for
<br />the purpose of access to Mader's Real Estate in connection with all agricultural and residential
<br />uses to which Mader's Real Estate might be put.
<br />3. Intention of Parties as to Easements. It is the intention of the parties hereto that the
<br />easements described herein shall be perpetual and constitute a covenant that shall run with the
<br />land for the benefit of Mader's Real Estate, herein being deemed the "Dominant Estate ".
<br />4. Shriner's Retention of Rights. Such easements established hereby are specifically
<br />subject to the reservation by Shriner that the same may be used by Mader, and Mader's heirs,
<br />successors, and assigns, in conjunction with the use of Shriner, and Shriner's heirs, successors,
<br />and assigns, as to its entirety, and further subject to the express understanding that Shriner, and
<br />Shriner's heirs, successors, and assigns, shall in no way be bound to construct or maintain the
<br />private drive and shall in no way assume any liability or responsibility to Mader, or Mader's
<br />heirs, successors, and assigns, or any other person using said private drive by invitation, express
<br />or implied, or by reason of any business conducted with Mader, or Mader's heirs, successors, or
<br />assigns, or otherwise.
<br />5. Indemnification. Mader, and Mader's heirs, successors, and assigns, shall indemnify
<br />and hold Shriner, and Shriner's heirs, successors, and assigns, harmless from any liability in
<br />respect to the injury of any person while using such easements with the permission or at the
<br />direction of Mader, or Mader's heirs, successors, and assigns.
<br />6. Right of First Refusal. In the event that Shriner should at any time elect to sell
<br />Shriner's Real Estate, it may not be sold by Shriner unless the same shall be first offered for sale
<br />to Mader at its appraised value, and Mader shall have the first option to purchase Shriner's Real
<br />Estate. In the event that Mader does not exercise this right of first refusal within seven (7) days
<br />after receipt of written notice of Shriner's intent to sell Shriner's Real Estate, all rights under this
<br />provision shall lapse, and Shriner shall be free to sell the property to a third party free of any
<br />further encumbrance by the Right of First Refusal.
<br />7. Intention of the Parties. It is the intention of the parties hereto that the Right of First
<br />Refusal herein contained shall be personal to Mader and will terminate upon the death of Mader
<br />or upon the conveyance of Shriner's Real Estate by Shriner in the event that Mader shall fail to
<br />exercise such Right of First Refusal upon written notice first given.
<br />8. Notification. All notices by either party to the other provided for in this
<br />Access/Encroachment Easement and Right of First Refusal Agreement shall be in writing and
<br />shall be sent by Certified or Registered Mail, Return Receipt requested, addressed to Mader at
<br />Mader's address of 3326 West Abbott Road, Grand Island, NE 68803 -1366, and addressed to
<br />Shriner at Shriner's address of 5450 North Webb Road, Grand Island, NE 68803 -9389, or to
<br />such other address as may be designated by either party to the other by like notice; and the date
<br />on which such notice is deposited in the United States mail, postage prepaid, shall be the date of
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