|
r'- y!i.f�la
<br />11"
<br />90-- 107078
<br />WHEREAS, DEFINED MANAGENEW, INC., a Nebraska Corporation,
<br />hereinafter referred to as '"DMI", is the owner of a tract of land
<br />located in the East Half of the Northeast Quarter (EkNEk) of
<br />Section Twenty -Three (23), Township Eleven (11) North, Range Nine
<br />(9) West of the 6th P.M., Hall County, Nebraska, more
<br />particularly described on Exhibit "D ", attached hereto and made a
<br />part hereof, and
<br />WHEREAS, MIDLAND AG SERVICE, INC., hereinafter referred to
<br />as "MIDLAND ", is the owner of a tract of land located in the East
<br />Half of the Northeast Quarter (E%NE %) of Section Twenty -Three
<br />(23), Township Eleven (11) North, Range Nine (9) West of the 6th
<br />P.M., Hall County, Nebraska, more particularly described on
<br />Exhibit "H", attached hereto and made a part hereof, and
<br />WHEREAS, DMI's predecessor in title, GLC, INC.,-hereinafter
<br />referred to as "GLC", did enter into an agreement with MIDLAND
<br />and said agreement was filed March 21, 1988 in Hall County
<br />Register of Deeds office as Document 088- 101336„ and
<br />WHEREAS, GLC *s predecessor in title, WILLIAM J. GERHOLD and
<br />JAMES S. GERHOLD, hereinafter referred to as "GERH ®LDS ", became
<br />owners of the tract described in Exhibit "A" by virtue of a
<br />Warranty Deed dated November 5, 3.975, and recorded November 5,
<br />1975, in Book 180, Page 187 in the Office of the Register of
<br />Deeds of Hall Coun y, ::e:rasta. The conveyance of the property
<br />described in Exhibit "A" to the GERHOLDS additionally granted
<br />GMUIOLDS, their heirs, successors and assigns, a perpetual
<br />Easement over and across the property described in Exhibit "B ",
<br />as more fully shown on Exhibit "C ", attached hereto and made a
<br />part hereof, and
<br />WHEREAS, GLC granted to Norwest Bank Nebraska, N.A., a Deed
<br />of Trust to the property described above in Exhibit "A ", dated
<br />December 30, 1986, and recorded as Document 186- 107456 in the
<br />office of the Register of Deeds of Hall County, Nebraska, and
<br />WHEREAS, DMI and GLC have not used the Easement, as shown on
<br />Exhibit "C ", for access to its property, but have, rather, been
<br />permitted to use an existing roadway as its access to its
<br />property, and
<br />WHEREAS, Exhibit "Al' does contain a parcel of land which was
<br />-transferred to Xc:dith Poland by GLC by Corporation Warranty Deed
<br />and recorded as Document #87- 104260 previous to the agreement
<br />between GLC and MIDLAND, and
<br />WHEREAS, it is the intent of this document to exclude the
<br />land previously transferred to Judith Poland (Document - =
<br />#F37- 104260) from the legal clescription of the property which was
<br />included in the original agreement (Document 088- 101336) between
<br />4._.,s..
<br />t1'1
<br />�1•
<br />.�x:v
<br />
|