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l3VdIS8b 'I'9 711 rrI is c: n6 rn ›v, Prepared By and Return To: John M. Prososki Dvorak Law Group, LLC 9500 W. Dodge Rd., Ste. 100 Omaha, NE 68114 C;) C` rry IN) Q CD Cr) cr) Cf C161A ACCESS AND UTILITIES EASEMENT AM) ENCROACHMENT AGREEMENT THIS ACCESS AND UTILITIES EASEMENT (this "Easement Agreement") is entered into the 31St day of October, 2022, by and between Southside Tire of Nebraska, LLC, a Nebraska limited liability company ("Grantor"), and Delores K. Garrett and Michael W. Garrett, as Trustees of the Delores K. Garrett Living Trust U/A dated October 17, 2003 ("Grantee"). WHEREAS, Grantor is the owner of property in Hall County, Nebraska more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Grantor Parcel"); WHEREAS, Grantee is the owner of certain real property located in Hall County, Nebraska more particularly described on Exhibit "B" attached hereto and incorporated herein by this reference (the "Grantee Parcel"); WHEREAS, Grantee previously owned the Grantor Parcel and developed and improved the Grantor Parcel and Grantee Parcel is such a way that: (i) the Grantee Parcel relies on access over the Grantor Parcel for ingress and egress to and from the public rights-of-way known as West Old Potash Highway and Piper Street; and (ii) certain improvements benefitting the Grantee Parcel, including, an electricity -powered gate, the source of electricity powering the gate, and appurtenances thereto (with such gate, electricity source, and all appurtenances thereto being referred to herein as the "Gate System") and a driveway which solely serves the Grantee Parcel (the "North Driveway" and together with the Gate System, the "Encroachments") are located on, in whole or in part, the Grantor Parcel; WHEREAS, Grantor acknowledges and agrees that Grantee would not have been willing to convey the Grantor Parcel without Grantor entering into this Easement Agreement to provide Grantee and Grantee's successors and assigns with the same access over the Grantor Parcel as Grantee has previously had and the same right to use and maintain the Gate System, the North Driveway, an any other Encroachments located on the Grantor Parcel as Grantee previously had; WHEREAS, the parties by this instrument intend to create an access and utilities easement and encroachment agreement and right-of-way for ingress and egress over portions of the Grantor Parcel, for the benefit of Grantee and Grantee's successors and assigns; and WHEREAS, by virtue of the recording of this Agreement, the Grantor Parcel and the Grantee Parcel