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202605714
<br />AGREEMENT
<br />1. Future Utility and Drainage Easement.
<br />For good and valuable consideration, the receipt and sufficiency of which are acknowledged,
<br />Seller covenants and agrees that, upon written request from Buyer, Seller shall promptly grant,
<br />execute, acknowledge and deliver to Buyer a permanent, nonexclusive utility and drainage
<br />easement over and across the northerly fifteen feet (15') of the Burdened Property, generally in
<br />the location depicted on Exhibit "B" (the "Easement").
<br />The precise legal description and location of the Easement shall be established by a survey
<br />prepared by a Nebraska -licensed surveyor and shall be substantially consistent with the location
<br />depicted on Exhibit "B"; provided, however, that the Easement shall not exceed fifteen feet (15')
<br />in width without the written consent of the then -owner of the Burdened Property.
<br />2. Purpose and Scope of Easement.
<br />The Easement shall be perpetual and appurtenant to the Benefited Property and shall be for the
<br />benefit of Buyer, the Benefited Property, and any future lots, outlots, parcels or subdivisions
<br />created from or comprising any portion of the Benefited Property.
<br />The Easement shall permit Buyer and its successors and assigns, together with their respective
<br />agents, employees, contractors, utility providers and governmental authorities, to enter upon and
<br />use the Easement area for the installation, construction, reconstruction, use, operation,
<br />inspection, maintenance, repair, replacement, relocation and removal of public or private utilities
<br />and drainage facilities, including, without limitation, storm sewer, stormwater conveyance and
<br />drainage facilities, sanitary sewer, water, electrical, gas, telecommunications and related
<br />facilities, together with reasonable rights of ingress and egress and such excavation, grading and
<br />restoration activities as are reasonably necessary or incidental thereto, in each case to the extent
<br />permitted by applicable governmental authorities.
<br />3. Execution of Easement Documents; Cooperation.
<br />Within ten (10) business days following Buyer's written request, Seller shall execute,
<br />acknowledge and deliver such easement agreements, plats, subdivision documents, consents,
<br />applications, certificates and other instruments as may be reasonably necessary or appropriate to
<br />establish, dedicate and record the Easement in accordance with this Memorandum.
<br />Seller shall reasonably cooperate with Buyer in connection with any subdivision, replat,
<br />development, governmental approval or other proceeding necessary or appropriate to establish
<br />and record the Easement.
<br />4. Restrictions on Burdened Property.
<br />Until the Easement has been finally established and recorded, Seller shall not construct or permit
<br />any permanent building or other improvement within the Future Easement Area that would
<br />materially interfere with the establishment, use or enjoyment of the Easement.
<br />Seller shall not convey, transfer or otherwise dispose of the Burdened Property, or any portion
<br />thereof, unless such conveyance is expressly made subject to this Memorandum and the
<br />obligations contained herein. Seller shall cause each successor owner of all or any portion of the
<br />Burdened Property affected by the Future Easement Area to take title subject to and assume the
<br />obligations contained herein.
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