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• <br />CASH <br />CHECK 1(Q00 <br />REFUNDS: <br />CASH <br />CHECK <br />RECJ`DED <br />HALL COUNTY NE <br />N <br />es <br />INST 1D13 0 3 8 5.9 1013 JUL 31 A 38 <br />oo�� iS{t{S11 WOLD <br />REGISTER OF DEEDS <br />HA -1 -Southern Tie <br />EASEMENT <br />I (we), M. I. J. LLC a Limited Liability Company , record owners of real property <br />described below, for and consideration of the sum of $1.00, duly paid, the receipt of which is hereby <br />acknowledged, and the further consideration of the performance of the covenants and agreements by <br />the Grantee as set out and expressed below, do hereby grant, remise and relinquish to Howard <br />Greeley Rural Public Power District, a political subdivision of the State of Nebraska with offices in <br />St Paul, Howard County, Nebraska, it successors and assigns, as grantee herein, the right to erect, <br />construct, reconstruct, replace, remove, maintain, and use a line of poles with such wires and cables <br />as grantee shall from time to time suspend there from for the distribution and transmission of electric <br />energy, and for communication purposes, and all necessary and proper foundations, footings, cross <br />arms, guy wires, anchors and other appliances and fixtures for use in connection with such poles, <br />wires, and cables, together with a right-of-way, on, along, and in all of the strip in the described real <br />property as follows: <br />West Half of the West Half (W 1/2 W '/2), Section 16, Township 12 North, Range 9 West of <br />the 6th P.M., Hall County, Nebraska, EXCEPTING a certain tract to the County of Hall as <br />shown in Quitclaim Deed recorded in Book 137, Page 423. <br />A 20 -foot easement adjacent to and parallel with the current U.S. Highway 281 right-of-way, <br />which borders the West side of property. Said easement extends over the entire length of <br />property. <br />Grantor, for the above stated consideration, further grants the Grantee the right of ingress to and <br />egress from the above described strip over and across the land by means of roads and lanes on such <br />property, if there is such, otherwise by such route or routes as shall cause the least damage and <br />inconvenience to Grantor, provided that such right of ingress and egress shall not extend to any <br />portion of the land that is isolated from the above described strip by any public road or highway, <br />now crossing or hereafter crossing the above described real property. <br />Grantor shall have the right to use the above-described strip for purposes not inconsistent with <br />Grantee's full enjoyment of the rights herein granted, provided that Grantor shall not erect or <br />construct or any building or other structure, or drill or operate any well within such strip. <br />Grantee shall have the further right to install, maintain, and use gates and all fences that now cross or <br />shall hereafter cross the above-described strip. <br />Grantee shall also have the right from time to time to trim and to cut and clear away any and all trees <br />and brush now or hereafter on the above described strip and shall have the further right from time to <br />time to trim and cut down and clear away any trees on either side of such that now or hereafter in the <br />opinion of grantee maybe a hazard to it's poles, wires or cables, by reason of the danger of falling on <br />the strip, provided, however, that all trees that Grantee is hereby authorized to cut and remove, if <br />valuable for timber or wood, shall continue to be the property of Grantor, but all tops, lops, brush, <br />refuse wood shall be burned or removed by grantee, at Grantee's sole expense. <br />Grantee shall also have the right to mark the location of the above-described strip by suitable <br />markers set in the ground or on the towers, but the markers when set in the ground shall be placed in <br />fences or location that will not interfere with any reasonable use Grantor shall make of such strip. <br />Grantee shall repair any damage it may do to Grantor's private roads or lanes on the above-described <br />property, and shall indemnify Grantor from and against any and all loss and damage that Grantee or <br />Grantee's employees, agents or subcontractors shall cause to crops based upon market value at the <br />end of the crop year as calculated by the average production from the field in question. <br />Page 1 of 2 <br />Return To: 401 <br />RVW, Inc. <br />4118 Howard Blvd. P.O. Box 495 <br />Columbus, Nebraska 68602-0495 <br />