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200110087 <br />h. Easement for a road over and across the east 50 feet and along southern boundary <br />varying in width from 33 feet on the east to 46.46 feet on the west of the property. Also, subject <br />to an easement for a drainage ditch, running north and south, over and across the west 60 feet of <br />the property. Also subject to an easement for a recreational trail over and across the north 30 <br />feet of the south 63 feet to 74.46 feet of the Property. Grantee is not permitted to disturb the area <br />lying within the recreation trail easement. The locations and extent of these easements are <br />indicated on the attached Exhibit "A ". <br />VI. MISCELLANEOUS GRANTEE COVENANTS <br />Grantee covenants for itself, and its successors or assigns, and every successor in interest in <br />the Property, to abide with each of the agreements and covenants running with the land described <br />in Section IV of this Quitclaim Deed. In addition, Grantor and its assigns shall be deemed a <br />beneficiary of each of the following agreements and covenants without regard to whether it <br />remains the owner of any land or interest therein in the locality of the Property hereby conveyed <br />and shall have a right to enforce each of the following agreements and covenants in any court of <br />competent jurisdiction. Notwithstanding the foregoing, Grantor, and its assigns shall have no <br />affirmative duty to any successor in title to this conveyance to enforce any of the following <br />agreements and covenants. <br />a. It is understood and agreed by Grantee, for itself and its successors and assigns, that the <br />Property is conveyed "as is" and "where is" without any representation or warranty on the part <br />of Grantor to make any alterations, repairs or additions. Grantor shall not be liable for any latent <br />or patent defects in the Property. Grantee, for itself and its successors and assigns, acknowledges <br />that Grantor has made no representations or warranty concerning the condition and state of repair <br />of the Property nor in any agreement or promise to alter, improve, adapt or repair the Property. <br />b. The Grantee shall neither transfer the property, lease the property, nor grant any <br />interest, privilege, or license whatsoever in connection with the property without the inclusion of <br />the environmental protection provisions set out in Section IV herein, and shall require the <br />inclusion of such environmental protection provisions in all further deeds, transfers, leases, or <br />grant of any interest, privilege, or license. <br />THIS QUITCLAIM DEED is exempt from the documentary tax under the provision of <br />Neb. Rev. Stat. 76- 902(2) (R.S. Supp., 1991) in which property is transferred by the United <br />States. <br />THIS QUITCLAIM DEED is not subject to the provisions of 10 U.S.C. 2662. <br />5 <br />