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<br />SUBORDINATION AGREEMENT J
<br />2001109
<br />c WHEREAS, the City of Grand Island, Hall County, Nebraska, a Municipal Corporation of the State of Nebraska,
<br />hereinafter referred to as CITY, is the holder of a Perpetual Conservation Easement over, under, upon and across
<br />'�- the following described real property:
<br />Lot 1, Mainland of Section 21, Township 10 North, Range 9 West of the 6`h P.M., Hall County,
<br />Nebraska.
<br />WHEREAS, Nebraska Public Power District ( "NPPD "), a public corporation and political subdivision of the State
<br />of Nebraska, intends to obtain an easement over, under, upon, and across the above - described real property for the
<br />construction, operation, maintenance, inspection and removal of an electric transmission line.
<br />NOW, THEREFORE, in consideration of the benefits to accrue to said real property and the covenants, conditions
<br />and agreements contained herein, NPPD agrees that its subsequent easement is and shall be subordinate to the
<br />rights and privileges granted to CITY by its easement dated June 18, 1999, recorded as instrument No.
<br />200002236, in the Office of the Register of Deeds, Hall County, Nebraska.
<br />NPPD's subsequent easement is described as follows:
<br />An easement area being a strip of land over, under, upon and across a portion of Lot 1, mainland, in
<br />Section 21, Township 10 North, Range 9 West of the 6`h P.M., Hall County, Nebraska, EXCEPT that
<br />portion deeded to Hall County, Nebraska for South Locust road right -of -way, said strip of land is
<br />coincident with the west right -of -way line of said road and is variable from 50 feet to 81 feet in width,
<br />being 50 feet west and variable from 0 feet to 31 feet east of a reference line, (the reference line being
<br />the approximate centerline location of an electric transmission line), said reference line is described as
<br />follows: Entering the property on the south line at a location 80 feet west of the Southeast Corner of
<br />said Section 21, said location is on the west right -of -way line of said road; thence northerly to a location
<br />1949 feet north of the south line and 102 feet west of the east line of said Section 21, said location is 31
<br />feet west of the west right -of -way line of said road; thence northerly to a location 2016 feet north of the
<br />south line and 103 feet west of the east line of said Section 21, said location is 21 feet west of the west
<br />right -of -way line of said road; thence northerly leaving the property on the north line of said Lot 1 at a
<br />location 110 feet west of the east line of said Section 21, said location is 17 feet west of the west right -
<br />of -way line of said road. The west sideline of said strip of land is lengthened or shortened to begin on
<br />the south line of said Section 21 to meet on the bisector of the angle and to end on the north line of said
<br />Lot 1. Said strip of land contains 3.4 acres more or less.
<br />NPPD agrees that it shall at all times exercise all due care and diligence to avoid injury or damage to the property
<br />of the CITY, and shall indemnify and save harmless the CITY from any injury, death, damage or loss to the
<br />person or property of any persons whomsoever, arising or occurring by reason of the aforesaid construction,
<br />operation, maintenance, inspection or removal of NPPD's electric transmission line.
<br />NPPD agrees that if the aforesaid construction, operation, maintenance, inspection or removal shall make
<br />necessary any change, alteration, protection or rearrangement of existing facilities of the CITY, that the
<br />reasonable costs resulting therefrom shall be paid by NPPD.
<br />It is understood and agreed that this Subordination Agreement shall not subordinate or in any way affect the
<br />easements of NPPD with respect to other property, nor shall it affect any other easement. It is further understood
<br />and agreed that this Subordination Agreement shall not affect the privileges and easement of ingress and egress to
<br />NPPD for any purpose necessary in connection with the construction, operation, maintenance, inspection or
<br />removal of its electric transmission line.
<br />This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto.
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