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202003936
<br />WHEREAS, Owner has requested that MPL provide a more definite and specific description of
<br />its Easement in a minimum width for that portion of Owner's Land currently utilized and to be
<br />utilized in the future by MPL for its exercise of the rights granted in the Easement.
<br />NOW THEREFORE, for and in consideration of One Dollar ($1.00) in hand paid by Owner and
<br />the covenants contained herein, MPL hereby releases and forever quitclaims to Owner, all of
<br />MPL's right, title and interest in, and all obligations with respect to, the Easement (except as
<br />specified in the exceptions and reservations set forth below), INSOFAR AS AND ONLY TO THE
<br />EXTENT that the Easement affects Owner's Land.
<br />EXCEPTING AND RESERVING, however, unto MPL and its successors and assigns: (1) all
<br />of MPL's rights, title, uses and interests acquired or permitted by virtue of the Easement in and
<br />to the parcel or strip of land described in EXHIBIT "A" attached hereto (hereinafter called the
<br />"MPL Easement Tract") and (2) the right of ingress and egress to the MPL Easement Tract
<br />and the MPL Facilities, and the right, from time to time, to use temporary work space as
<br />reasonably necessary, on, over and across Owner's Land. Owner and MPL agree that their
<br />mutual intent is the MPL Easement Tract shall contain within its described boundaries, all of the
<br />MPL Facilities existing on Owner's Land as of this date (except those MPL Facilities, if any,
<br />which are the subject of a separate written agreement). If, however, it is determined in the future
<br />that all or any part of such MPL Facilities are not contained within the MPL Easement Tract,
<br />Owner and MPL shall amend the description of the MPL Easement Tract and shall make any
<br />conveyance as may be necessary to encompass such MPL Facilities so that the outside edge of
<br />the MPL Easement Tract will not be less than a minimum distance of twenty-five (25) feet from
<br />the outside edge of such MPL Facilities, while at a minimum maintaining the overall width of the
<br />MPL Easement Tract.
<br />In further consideration of the releases, promises and mutual covenants herein contained and other
<br />good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
<br />Owner and MPL agree that this Agreement shall provide, and the Easement is hereby amended
<br />to the extent necessary to provide the following and Owner hereby grants, sells and conveys to
<br />MPL the following rights:
<br />1. Owner further covenants and agrees that Owner will not place, create, erect or
<br />construct any building, improvement, road, driveway, structure, fence, water
<br />impoundment, waterway or obstruction of any kind, either on, above or below the
<br />surface of the ground on the MPL Easement Tract, or change the grade or elevation
<br />of, or conduct any activities (including mining) that would endanger lateral support
<br />for the ground within, the MPL Easement Tract, or plant any trees, bushes or shrubs
<br />thereon or cause or permit any of these aforementioned things to be done by others,
<br />without the prior written permission of MPL. Owner shall assume all liability for
<br />and shall indemnify and save harmless MPL and its affiliates, and their members,
<br />partners, directors, officers, employees and agents and their successors and assigns,
<br />from all liabilities (including, without limitation, claims and damages) of any nature
<br />2
<br />Tract: 7261, Hall County, NE — Agent TK - Agent Project # 20-051 - Form PR -G -RW — 5/1/06
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