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202306200
<br />Parcel "B" — Legal Description
<br />A 23 -foot -wide tract of land located in part of the Northeast Quarter (NE1/4) of Section
<br />Twenty (20), Township Eleven North (T11N), Range Ten West (R10W) of the 6th Principal
<br />Meridian, Hall County, Nebraska, and more particularly described as follows:
<br />Commencing at the North Quarter (N114) corner of said Section 20; thence on an assumed
<br />bearing of North 89°33'34" East, along the North line of the Northeast Quarter (NE1/4), a
<br />distance of 950.73 feet; thence South 00°16'02" West, a distance of 49.94 feet to the South
<br />line of a 50 -foot -wide public road easement as described in Instrument No. 99109121 filed
<br />September 14, 1999, and also being the Point of Beginning; thence North 89°31'55" East,
<br />along the South line of said 50 -foot -wide public road easement, a distance of 23.00 feet;
<br />thence South 00°1912" West, a distance of 124.07 feet; thence South 89°37'52" West, a
<br />distance of 23.00 feet; thence North 00°1912" East, a distance of 124.03 feet to the Point of
<br />Beginning; as illustrated in Exhibit "A" attached hereto. Said tract containing 0.066 acres,
<br />more or less.
<br />[The purpose of the above-described easements is for an underground natural gas pipeline
<br />along with all appurtenances thereto (the "Facilities").]
<br />TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, so long as such Facilities shall be
<br />maintained and operated, together with the right of ingress and egress from said premises for the purpose of
<br />surveying, constructing, installing, inspecting, repairing, maintaining, renewing and replacing the property of the
<br />Grantee located thereon, or removed thereof, in whole or in part, at the will of the Grantee.
<br />The Grantor further covenants for itself, its lessees, successors or assigns, that the Grantee, its lessees,
<br />successors or assigns shall at all times have the right to cut and remove or trim all trees, bushes and saplings
<br />growing upon said lands above described, or extending over same, so far as may be reasonably necessary for the
<br />construction, reconstruction, operation, repair and maintenance of said Facilities, and shall have the right of access
<br />and entry to and upon said above-described lands for such purposes.
<br />The Grantee shall pay for all damages to landscaping, gardens, roads, sidewalks, parking lots, driveways,
<br />fences, livestock, crops and fields, subject to Grantor providing means of ingress and egress, caused by the
<br />construction, reconstruction, repair, replacement or maintenance of said Facilities.
<br />The Grantee shall be liable for all damages and losses arising out of Grantee's negligent or intentionally
<br />wrongful actions or violation of applicable law in surveying, constructing, installing, inspecting, repairing, maintaining,
<br />renewing, replacing or operation of the Facilities that may be asserted against Grantor (other than to the extent any
<br />such claims arise from the conduct of Grantor or Grantor's agents or third -parties). Grantee agrees to defend,
<br />indemnify and hold harmless Grantor from and against all claims, demands and causes of action for injury to persons
<br />or property or fines or penalties or environmental matters arising out of, incidental to or resulting from Grantee's
<br />negligent or intentionally wrongful actions or violation of applicable law in its use of the easements or the exercise of
<br />any rights by Grantee pursuant to this grant of easements, and from and against all costs and expenses incurred by
<br />Grantor by reason of any such claim or claims, including reasonable attorneys' fees. Provided Grantee shall not be
<br />responsible or liable in any way for any environmental contamination or hazardous waste presently existing on said
<br />property. The provisions of this paragraph shall survive the termination or abandonment of this gas utility easement.
<br />The Grantor reserves the right to use and occupy the above-described lands. Grantor agrees not to erect
<br />any structures or other objects, permanent or temporary thereon. Grantor further agrees that Grantor will not perform
<br />any act which will interfere with or endanger said Facilities, and that Grantor will not plant any trees upon the above-
<br />described lands without the prior expressed written approval from the Grantee.
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