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0£090£Z0Z !LAST Z023 0b030 EASEMENT AGREEMENT CASH CHECK 76 (..7 REFUNDS: CASH CHECK RECORDED HALL CC' l'slTY NE 1023 NOV ! b A 9: 29 KRIS) l WOLD REGISTER OF DEEDS THIS EASEMENT AGREEMENT ("Easement") is made as of this /.5 day of November, 2023, by and between John W. Amick, a single person ("Grantor") and BMGM Investments, LLC, a Nebraska limited liability company ("Grantee"). WHEREAS, Grantor is the fee simple owner of a tract of land legally described as The West One - Third (W1/3) of Lot Seven (7) Block Six (6), Village of Doniphan, referred to herein as "Parcel 1"; and WHEREAS, Grantee is the owner in fee simple of a tract of land legally described as Lot One (1), DDD Subdivision, in the Village of Doniphan, Hall County, Nebraska, and referred to herein as "Parcel 2"; and WHEREAS, Grantor desires to grant an easement across a portion of Parcel 1 for the benefit of Parcel 2. NOW THEREFORE, for $1.00 and other valuable consideration, Grantor makes the following grant of easement rights: 1. Grant of Easement. Subject to the terms and conditions set forth in this Agreement, Grantor hereby grants an easement across a portion of Parcel 1 for the benefit of Parcel 2, more particularly defined as Beginning at the Northwest Corner of the West One -Third (1/3) Lot Seven (7) Block Six (6), Original Town of Doniphan; thence running Easterly along the North Line of said of the West One -Third (1/3) Lot Seven (7) Block Six (6), a distance of 4.00' feet; thence Southerly 47.00' feet to the actual point of beginning in center of a 8.00' foot wide easement; thence continuing Southerly for a distance of 53.00' feet to the south line of 8.00' foot wide easement of which is 6.00' feet from the back of the building at 100 W. Plum; hereinafter referred to as the "Easement Area". 2. Scope of Easement. The easement in the Easement Area granted herein is for the benefit of the fee simple owner of Parcel 2, along with its successors and assigns, (collectively "Parcel 2 Owner") and constitutes a permanent non-exclusive easement in, over and through the Easement Area, permitting the use of the Easement Area by Parcel 2 Owner, along with its agents, employees, tenants, and invitees, for normal and reasonable use of Parcel 2. The rights granted herein with regard to the Easement Area shall burden the fee simple owner of Parcel 1, along with its successors and assigns, tenants, licensees and permittees (collectively "Parcel 1 Owner"). The Easement Area shall be used by Parcel 2 Owner, along with its agents, employees, tenants, and invitees, solely for the purposes set forth herein. 3. Maintenance. The Easement Area shall be maintained and kept in at least as good a condition as it is presently in. The responsibility and expense for the repair and maintenance of the Easement Area shall be borne by the Parcel 2 Owner. 4. Additional Terms. The Easement shall be subject to the following terms and conditions: a. The Easement shall be permanent and shall be appurtenant to and run with the title to the land.