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AINk <br />��'Wmim I <br />1W <br />r• <br />102248 <br />Southwesterly Forty (40) Feet of Lot one (1), DeFreece <br />Subdivision, Hall County, Nebraska, more particularly described <br />as the "easement area" on Exhibit "A ", attached hereto and <br />incorporated herein by reference. <br />2. The easement granted herein shall be unrestricted and <br />may be used by DeFreeces for any-or all of the following uses: <br />A. A driveway for ingress and egress onto the <br />Northwest Quarter of the Northeast Quarter <br />(NWINE}) of Section Twenty -Eight (28), <br />Township Twelve (12) North, Range Twelve <br />(12), Hall County, Nebraska, from the County <br />Road right -of -way; <br />H. A driveway for the driving, turning, parking <br />and operating:of tractors; machinery, <br />equipment, trucks o' any other agricultural <br />'machinds or"Ve €iicles used -ir -the farming <br />operation by DeFreeces., their successors or <br />assigns; <br />C. Operation of a center pivot irrigation system <br />which may encroach onto the easement-area and <br />which.m,ay result in irrigation water <br />containing fertilizer, herbicides, and <br />Pesticides being known by wind onto •tL -e - <br />easement area; and, <br />D. All other appurtenent uses consistent with <br />normal farming practices by DeFreeces, their <br />successors and assigns. <br />3. The Smiths covenant and agree to not obstruct the <br />easement area witth fences, trees, or any other obstructions. <br />DeFreeces covenant to u�.ilitize the easement area only for <br />agricultural purpidses and to ma:iMtein the surface Of -the easement <br />area in a condittIca as near as rosssble as it now is. <br />4• The Smiths, on behalf of themselves, their successors <br />and assigns, hereby agree to hold Lloyd E. VeIFreece and Unadean <br />DeFreece, their successors and assigns, harmless from all <br />liability for damages to persons, animals , or <br />occur on the easement area resulting from any rindeblownw water mor <br />normallYllsed types and amounts of fertilizer, herbicides or <br />pesticides therein. <br />5• This Agreement shall be filed at the Register of Deeds <br />of Hall County, Nebraska, and shall be binding upon the parties <br />hereto, their estates, personal representatives, successors and <br />assigns. <br />DATED this _�LZ day of <br />1989. <br />0 ��0" <br />LLOYD kFREECE <br />v"AubAtt DeF EECE <br />_. ..- ?- <br />�.irrr <br />kit <br />r <br />rr <br />i <br />