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<br />.MENMM I
<br />89.- 102248
<br />WHEREAS, Lloyd E. DeFreece and Unadean DeFreece, husband and
<br />wife, herein referred to as DeFreeces, have this date sold to
<br />Darrell D. Smith and Hazel D. Smith...husband and wife as joint
<br />tenants, hereinafter referred to as Smiths, certain real estate,
<br />described as:
<br />Lot One (11, AeFreece Subdivision, Hall
<br />County, Nebraski.-I'and;
<br />WHEREAS, the DeFreeces plan to utilize the rematu'der,"'of the
<br />Northwest Quarter of the Northeast Quarter (NWJNEt.'.)-of'Section
<br />Twenty-Eight (28), Township Twelve (12.), North, Rage Twelve (12),
<br />West of the 6th P.M., Hall County, Nebraska, for farming purposes
<br />and to irrigate such, property with a center pi,,,,at-JL.6r3Lq--,ation
<br />system, and the center pivot system may al--* diiEpela"--13"."ff''rtilizer,
<br />herbicides and pestidides-in the water in i6cordahce with normal
<br />farming practices; and,
<br />WHEREAS, in order to obtain access to the Northwest Quarter
<br />of the Northeast Quarter (NWINEJ) of said Section Twenty-Eight
<br />(28), DeFreeces desire to retain an easement for driveway
<br />purposes across the Westerly and Southwesterly Forty (40) Feet of
<br />said Lot one (1), DeFreece Subdivision, to allow ingress and
<br />egress to the farmground from the County Road right-of-way and to
<br />permit the crossing of the easement area by tractors, equipment,
<br />machinery, trucks, pivot irrigation systensft-4nd other
<br />agricultural machines or vehicles; and,
<br />WEEMS, as further consideration for the sale of Lot One
<br />(1), DeFreece Subdivisida to the Smiths by the DeFreeces, Smiths
<br />have agreed to enter into this written Easement Agreement for the
<br />benefit of DeFreeces, their successors and assigns, that neither
<br />the Smiths nor their successors and assigns shall object to the
<br />Forty (40) Foot easement for irrigation purposes (which may
<br />include fertilizer, herbicides, and pesticides) ,.'and for the
<br />purpose of providing a driveway access for machinery and
<br />equipment used in the farming operations adjacent to Lot One (1),
<br />DeFreece Subdivision.
<br />NOW, THEREFORE, BE IT KNOWN:
<br />That in full consideration of the sale of Lot One (1),
<br />DeFreece Subdivision, to Smiths by DeFreeces, it is agreed by and
<br />between Darrell D. Smith and Hazel D. Smith, husband and wife,
<br />and Lloyd E. DeFreece and Unadean DeFreece, husband and wife as
<br />follows:
<br />1. Smiths hereby grant to DeFreeces a permanent and
<br />perpetual easement over, within, and across the Westerly and
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