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1 <br />, <br />� �y ;[ {if,J,�If(,•(� .t ��1r {5 rii tty y` !1`,� •� r � •� •'IAv'. ( _ %:I�IY S''•, S :til , i(1�rErtx <br />O <br />- - <br />y 1 <br />90-"07078 <br />GLC and MIDLAND. The correct legal description of the property <br />to be included in this agreement is described in Exhibit "D ", and'�'�"�� <br />_ <br />WHEREAS, in consideration of the parties* desire to reach an <br />agreement with respect to the continued use of tha Easement as <br />shown on Exhibit "C", MIDLAND and DMI mutually covenant and agree <br />as follows: <br />1. DMI, its successors, assigns and related operating <br />companies, shall be permitted the continued use of the existing <br />.:.. ;.:•..�. ,... . <br />roadway as a means of access to its property as described on <br />attached Exhibit "D". Said road use shall be for normal business <br />purposes and for the transportation of material, equipment and <br />_.. . r. sr �, .� . _.. • = <br />related items. <br />t <br />2. DMI, its successors and assigns, agree that upon sale <br />of the property described in Exhibit "D ", the following condi- <br />tions and restrictions shall apply: <br />A. If the property on Exhibit "D" is sold, transferred, <br />; +. ; r ��' ".;` `' �:r �lV1 <br />assigned or conveyed at any time, into four tracts or <br />less, the then owners of each individual tract shall, <br />for their personal use, have the right to the continued <br />use of the existing roadway previously used by GLC, <br />=''�' <br />such use to be personal in nature and not for any <br />commercial purposes. <br />- <br />H. If the property described on Exhibit "D" is sold, <br />'.... <br />transferred, assigned or conveyed at any time, into <br />;;,,,, - .�;�x;j• <br />five tracts or more, the owners of the individual <br />tracts in Exhibit "D" shall cease using the roadway <br />previously used by GLC and shall, at their expense, <br />have a roadway constructed over the Easement as <br />originally granted, as more particularly shown on <br />i <br />Exhibit "C" herein. <br />C. If at any time the property located on Exhibit "D" <br />shall be annexed by the City of Grand Island, Hall <br />County, Nebraska, thereby requiring the construction of <br />a street over and upon the Easement conveyed on Exhibit <br />"C", all costs and assessments shall be shared equally <br />among the current property owners of the property shown <br />on Exhibit "D ". <br />D. The Agreement entered into by and between GLC and <br />MIDLAND, filed on March 21, 1988 in Hall County <br />Register of Deeds office as Document 088- 101336 is <br />hereby revoked and rescinded and all rights and <br />obligations of the parties, their successors, assigns <br />and grantees shall be determined under the terms and <br />conditions as set forth herein. <br />- 2 - <br />�l <br />