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201701701
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Last modified
3/17/2017 4:19:50 PM
Creation date
3/17/2017 4:15:04 PM
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DEEDS
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201701701
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Return to: <br />Grand Island Abstract <br />P.O. Box 62 <br />Grand Island, NE 68802 <br />LICENSE AGREEMENT <br />NOW THEREFORE, IT IS AGREED by and between the parties as follows: <br />P This License Agreement is made and entered into this (7 day of it -- , <br />• 2017, by and between Pathway Bank, a Nebraska banking corporation ( "Licensor") and Ratlike <br />OAD Development, LLC, a Nebraska limited liability company ( "Licensee "). <br />RECITALS: <br />g WHEREAS, Licensor owns the property identified as Tracts "C" and "D" as legally <br />described on the survey attached as Exhibit `B" ( "Licensor's Property"); and <br />WHEREAS Licensee owns the property known and operated as Centura Hill Golf Course, <br />identified and legally described on attached Exhibit "A" ( "Licensee's Property"); and <br />WHEREAS several golf cart pathways ( "Cart Paths ") exist upon Licensor's Property which <br />are currently used for the convenience of Licensee and its golfing customers; and <br />WHEREAS Licensee desires to continue to use and have access to the Cart Paths and <br />Licensor is willing to grant such access upon the terms and conditions set forth herein. <br />1. Licensor hereby grants to the Licensee a license to use the Cart Paths and permit <br />its golfing customers to use the Cart Paths in their present location on an "AS -IS, WHERE -IS" <br />basis without warranty of any nature as to quality, condition, fitness or safety. <br />2. It is understood and agreed that Licensee and its customers may use the Cart Paths at <br />their own risk. Licensee hereby waives any claims for damages against Licensor, its officers, <br />agents, employees and representatives for any damage or injury that may result through use of the <br />Cart Paths. Licensee shall indemnify Licensor for any and all claims of personal property damage <br />or personal injury occurring as a result of the use of the Cart Paths and shall provide liability <br />insurance, with limits not less than $1,000,000.00, listing Licensor as an additional insured. <br />3. Licensee shall be responsible to maintain the Cart Paths, but shall construct no <br />additional golf cart paths or permanent improvements on the Cart Paths without Licensor's prior <br />written consent. <br />4. This license shall take effect immediately and shall continue for an indefinite term; <br />PROVIDED HOWEVER, (i) in the event Licensor's Property or any part thereof is sold or <br />developed and (ii) the present location of any part of any Cart Path interferes with the development <br />of Licensor's Property or any part thereof, upon 90 days written notice to Licensee, Licensee shall <br />remove or relocate such part of the Cart Path as reasonably necessary at Licensee's expense to <br />facilitate development of Licensor's Property, or any effected part thereof, to another location or <br />locations on Licensee's Property. Upon termination, Licensee and its customers shall cease using <br />
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