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202006582 <br />1. The Court has jurisdiction of the parties and the subject matter of this action. The <br />Amended Complaint filed herein constitutes a justiciable cause of action against the Defendants <br />pursuant to Neb. Rev. Stat. § 34-301 (Reissue 1998), Neb. Rev. Stat. § 25-21, 149 et seq. <br />(Reissue 1995), and Neb. Rev. Stat. § 25-1002 et seq. (Reissue 1995). <br />2. The parties agree that settlement of these matters is in the public interest and that <br />entry of this Consent Judgment is the most appropriate means of resolving their dispute. The <br />parties desire to conclude this case without trial or adjudication of any issues of fact or law, <br />without this Consent Judgment constituting an admission by the Plaintiffs or Defendants with <br />respect to such issues. The Plaintiffs and Defendants agree to the form and entry of this Consent <br />Judgment for the purposes of settlement only. Therefore, and for only the purposes of this <br />Consent Judgment, the parties agree to the entry of this Order by the Court. <br />3. This Consent Judgment shall be in full satisfaction of all claims alleged in the <br />Amended Complaint filed herein and any claims arising out of the same transaction or <br />occurrences asserted therein, provided that such claims were known to the parties, or were <br />reasonably ascertainable from information in the parties' possession, as of the date of the filing of <br />the Consent Judgment. <br />4. The allegations in the Amended Complaint involve ownership and control of <br />property owned by Plaintiffs and Defendants which includes a portion of the waters of Firethome <br />Lake. <br />5. The Plaintiffs acquired property generally described as 360 Midaro Drive through <br />a Warranty Deed filed as Document No. 94-108186 of record in the Hall County Register of <br />Deeds' office. The metes and bounds legal description for the property generally described as <br />360 Midaro Drive was corrected by a Corrective Warranty Deed filed as Document No. 96- <br />2 <br />