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Return to: Grand Island Abstract P.O. Box 627 Grand Island, NE 68802 RECITALS: EASEMENT AGREEMENT NOW THEREFORE, IT IS AGREED by and between the parties as follows: rr This Easement Agreement is made and entered into this i7 day of , 2017, by and between Pathway Bank, a Nebraska banking corporation ( "Grantor") and Ratlike Development, LLC, a Nebraska limited liability company ( "Grantee "). WHEREAS, Grantor owns the property identified as Tracts "C" and "D" as legally described on the survey attached as Exhibit `B" ( "Grantor's Property"); and WHEREAS Grantee owns the property known and operated as Centura Hill Golf Course, identified and legally described on attached Exhibit "A" ( "Grantee's Property"); and WHEREAS several underground water and sprinkler lines, trace wires and drain lines ( "Utilities ") exist upon Grantor's Property which are currently used for the operation of the golf course on Grantee's Property; and WHEREAS Grantee desires to continue to use and have access to the Utilities and Grantor is willing to grant such access upon the terms and conditions set forth herein. 1. Grantor hereby grants to the Grantee an Easement to maintain, repair, replace, remove, operate, and use the Utilities to serve Grantee's Property, along with the right to enter the Grantor's Property for purposes of inspecting, maintaining, repairing, replacing, removing, operating, and using the Utilities. 2. It is understood and agreed that Grantee may use the Utilities at its own risk. Grantee hereby waives any claims for damages against Grantor, its officers, agents, employees and representatives for any damage or injury that may result through use of the Utilities. Grantee shall indemnify Grantor for any and all claims of personal property damage or personal injury occurring as a result of the use of the Utilities. 3. Grantee shall be responsible to maintain the Utilities, but shall construct no additional utilities or permanent improvements on the Grantor's Property without Grantor's prior written consent. 4. This Easement shall take effect immediately; PROVIDED HOWEVER, (i) in the event Grantor's Property or any part thereof is sold or developed and (ii) the present location of any part of the Utilities interferes with the development of Grantor's Property or any part thereof, upon 90 days written notice to Grantee, Grantee shall remove or relocate such part of the Utilities as reasonably necessary at Grantee's expense to facilitate development of Grantor's Property, or any