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20010485.
<br />to cause in all airspace above or in the vicinity of the surface of
<br />Grantors' property such noise, vibrations, fumes, deposits of dint
<br />or other particulate matter, fuel. particles (which are incidental
<br />to the normal operation of said aircraft), and communication and
<br />any and all other effects that may be alleged to be incident to or
<br />cawed by the operation of aircraft over or in the vicinity of
<br />Grantors' property or in landing at or taking off from, or
<br />operating at or on said Central Nebraska Regional Airport is hereby
<br />granted; and Grantors do hereby fully waive, remise, and release
<br />any right or cause of action which they may now have or which they
<br />may have in the future against Grantee, its successor and assigns,
<br />due to such noise, vibrations, fumes, dust, fuel particles and all
<br />other effects that may be caused or may have been caused by the
<br />operation of a1ccraft landing at, or taking off from, or operating
<br />at or on said Central Nebraska Regional Airport.
<br />As used herein, the term "aircraft', shall mean any and all
<br />types of aircraft, whether now in existence or hereafter manufac-
<br />tured and developed, to include, but not limited to, jet aircraft,
<br />propeller driven aircraft, civil aircraft, military aircraft,
<br />commercial aircraft, helicopters and all types of aircraft or
<br />vehicles now in existence or hereafter developed, regardless of
<br />existing or future noise levels, for the purpose of transporting
<br />persons or property through the air, by whoever owned or operated.
<br />The easement and right -of -way hereby grants to the Grantee the
<br />continuing right to prevent the erection or growth upon Grantors'
<br />property of any building, structure, tree or other object,
<br />extending into the airspace above the aforesaid imaginary plane,
<br />and to remove from said airspace, or at the sole option of the
<br />Grantee, as an alternative, to mark and light as obstructions to
<br />air navigation any such building, structure, tree or other objects
<br />now upon, or* which in the future may be upon Grantors' property,
<br />tvyether with the right of ingress to, egress from, and passage.
<br />over Grantors' property for the above purpose.
<br />The Grantors, for themselves, their heirs, administrators,
<br />executors, successors, and assigns, do hereby agree that for and
<br />during the life if said avigation easement, they will riot hereafter
<br />erect, permit the erection or growth of, or permit or suffer to
<br />remain upon Grantors' property any structure in the Runway
<br />Protection zone that is an airport hazard or which might create
<br />glare or misleading lights or lead to the construction of residenc-
<br />es, fuel handling and storage facilities, or smoke generating
<br />activities; and the Grantors, for themselves, their heirs,
<br />administrators, executors, successors, and assigns, further agree
<br />they will not permit places of public assembly upon Grantors'
<br />property.
<br />AND for the consideration hereinabove set forth, the Grantors,
<br />for themselves, their heirs, administrators, executors, successors,
<br />
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