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2 <br />201607996 <br />WHEREAS, after the closing and conveyance of the personal property situated on the <br />property described in Exhibit `B" and the property described in Exhibit "A" attached hereto from <br />SELLER to BUYER, BUYER shall grant to SELLER a twenty (20) foot access and utility <br />easement, said twenty (20) foot strip legally described in Exhibit "C" attached hereto and <br />incorporated herein by reference. <br />NOW THEREFORE in consideration of the foregoing the parties hereto agree as follows: <br />1. The recitals made above are incorporated into the body of this Agreement and are <br />made a part of this by reference. <br />2. The SELLER hereby conveys to the BUYER the personal property of the well <br />situated on the real estate described in Exhibit `B" and the real estate described in Exhibit "A" <br />and the BUYER shall be allowed along with its successors and assigns an easement of access, <br />ingress and egress hereinabove described to allow use of the farm ground for BUYER to farm <br />and use of the irrigation well on the land owned by the SELLER as described in the preceding <br />provisions of this Agreement as Exhibit "B ". The personal property of the irrigation well is the <br />property of the BUYER. The BUYER shall have exclusive use of the irrigation well which is a <br />subject of this agreement. BUYER shall have the sole, exclusive right to the said water usage for <br />watering crops, livestock and/or whatever uses BUYER needs for his use of the property. <br />3. The BUYER shall be responsible for all irrigation well pump and gear head <br />equipment maintenance and repair so long as BUYER continues to use said irrigation well. <br />BUYER may fix, repair and install equipment on the real property described in Exhibit `B" <br />hereto, for the continued use, maintenance and any repairs necessary for the continued operation <br />and use of the irrigation well. <br />4. This Agreement is subject to the agreement between Loyd A. and Judith A. <br />Luehr and the City of Wood River, Nebraska recorded with the Hall County, Nebraska Register <br />of Deeds as Instrument #99- 107735 on August 2, 1999 and the agreement between Darrel L. and <br />Sharon K. Gloe and the City of Wood River, Nebraska recorded with the Hall County Register of <br />Deeds as Instrument #99- 107736 on August 2, 1999. <br />5. This Agreement shall be indexed against the legal descriptions of the tracts of real <br />estate shown on Exhibit "A" and on Exhibit "B" and the BUYER shall have the use of the <br />irrigation well located on SELLER'S property for the life of the irrigation well . The parties <br />agree that upon expiration of the term of this Agreement either by abandonment, failure of the <br />