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ENCROACHMENT AGREEMENT <br />CO <br />CD <br />The parties, KUESTER LAKE, INC., a Nebraska Corporation (hereinafter "Kuester"), and LEE <br />HADENFELDT andJIANADA HADENFELDT, husband and wife (collectively "the Hadenfeldts"), hereby agree <br />as follows: <br />1. Landscaping and improvements completed by the Hadenfeldts on their property located at 581 S. Shady <br />Bend Road, Grand Island, Nebraska, encroach upon real property owned by Kuester. <br />2. Said encroachment occurs as follows on Kuester property: <br />South of the south property line of Lot Four (4), Ummel Second Subdivision, Hall County, Nebraska <br />(referred to as 581 S. Shady Bend Road), said encroachment being on property owned by Kuester Lake, <br />Inc., said property being a part of the Southwest Quarter of the Southwest Quarter (SW1/4SW1/4) of <br />Section Thirteen (13), Township Eleven (11) North, Range Nine (9) West of the 6`I' P.M. Hall County, <br />Nebraska. <br />3. Kuester consents to the Hadenfeldts use of the encroachment upon Kuester property only for the <br />purposes of maintaining the existing landscaping and improvements completed by the Hadenfeldts. <br />4. Hadenfeldts make no claim of right of ownership to the encroached upon Kuester property now and will <br />make no such claim of right of ownership to the encroached property in the future. <br />5. Hadenfeldts release Kuester Lake, Inc., its officers, agents and employees from any and all liability <br />resulting now or in the future from Hadenfeldts use of the encroached upon property owned by Kuester. <br />This Agreement shall be binding upon the parties hereto, the successors of Kuester and the heirs, devisees, <br />personal representatives and assigns of Hadenfeldts. <br />Dated: September (, , 2022. <br />Vicky Frost, President of Kuester Lake, Inc. <br />STATE OF NEBRASKA <br />) ss. <br />COUNTY OF HALL <br />Amanda Hadenfeldt <br />The foregoing Encroachment Agreement was acknowledged before me this day of September, 2022, by <br />Vicky Frost, President of Kuester Lake, Inc., a Nebrask rporation, on behalf of the corporation. <br />GENERAL NOTARY - State of Nebraska <br />DUANE A. BURNS <br />My Comm. Exp. March 28, 2024 <br />STATE OF NEBRASKA <br />COUNTY OF HALL <br />) <br />) ss. <br />Notary Public <br />The foregoing Encroachment Agreement was acknowledged before me this 6 day of September, 2022, by <br />Lee Hadenfeldt and Amanda Hadenfeldt, husband and wife. <br />Notary Public <br />