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� ' ' �Q_ �� 1�4304
<br /> Beginning at a point on the Northerly line of said Lot 2, Block 23 distant 35.0 feet
<br /> Easterly of the Northwest corner thereof; thence Southerly parallel with the
<br /> Westerly line of said Lot 2 a distance of 40.9 feet to a point of curve having a
<br /> radius of 90.0 feet, central angle of 30° 12' 22.5"; thence Southeasterly, along
<br /> said curve concave Northeasterly, an arc distance of 47.45 feet; thence
<br /> Southeasterly, tangent to said curve, to the intersection with the Easterly line of
<br /> said Lot 8 at a point 84.75 feet Southerly of the Northeast corner of said Lot 8 and
<br /> there terminating.
<br /> RESERVING,however, unto said Grantor, its successors and assigns and any designees,
<br /> a 15.0 foot wide easement for utilities, upon over and across the Northwesterly 15 feet of the
<br /> hereinabove described vacated 6�' Street, together with all appurtenant fixtures necessary in
<br /> connection therewith, whether in the present form and location or in such form and location as
<br /> may hereafter be substituted therefor, together with the right, privilege and easement of ingress
<br /> and egress by the Grantor, its successors and assigns, and any designees, together with the
<br /> Grantee, to and from adjacent property of the Grantor, to said premises for the purpose of
<br /> constructing, maintaining, replacing, repairing, renewing and removing the same, to have and to
<br /> hold said easement so long as the same is used or required for such purposes and until all such
<br /> facilities are removed from said premises with the intent to abandon said easement.
<br /> Grantee has been allowed to make an inspection of the Property and has knowledge as to
<br /> the past use of the Property. Based upon this inspection and knowledge, Grantee is aware of the
<br /> condition of the Property and GRANTEE ACKNOWLEDGES THAT GRANTEE IS
<br /> PURCHASING THE PROPERTY IN AN "AS-IS WITH ALL FAULTS" BASIS WITH
<br /> ANY AND ALL PATENT AND LATENT DEFECTS, INCLUDING THOSE RELATING
<br /> TO THE ENVIRONMENTAL CONDITION OF THE PROPERTY, AND THAT
<br /> GRANTEE IS NOT RELYING ON ANY REPRESENTATION OR WARRANTIES,
<br /> EXPRE5S OR IMPLIED, OF ANY KIND WHATSOEVER FROM GRANTOR AS TO
<br /> ANY MATTERS CONCERNING THE PROPERTY, including the physical condition of the
<br /> Property and any defects thereof, the presence of any hazardous substances, wastes or
<br /> contaminants in, on or under the Property, the condition or existence of any of the above ground
<br /> or underground structures or improvements in, on or under the Property, the condition of title to
<br /> the Property, and the leases, easements or other agreements affecting the Property. Grantee is
<br /> aware of the risk that hazardous substances and contaminants may be present on the Properiy,
<br /> and indemnifies, holds harmless and hereby waives, releases and discharges forever Grantor
<br /> from any and all present or future claims or demands, and any and all damages, loss, injury,
<br /> liability, claims or costs, including fines, penalties and judgments, and attorney's fees, arising
<br /> from or in any way related to the condition of the Property or alleged presence, use, storage,
<br /> generation, manufacture, transport, release, leak, spill, disposal or other handling of any
<br /> hazardous substances or contaminants in, on or under the Property. Losses shall include without
<br /> limitation (a) the cost of any investigation, removal, remedial or other response action that is
<br /> required by any Environmental Law, that is required by judicial order or by order of or
<br /> agreement with any governmental authority, or that is necessary or otherwise is reasonable under
<br /> BNSF Ol l58 Grand Island,NE 2
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