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99 111307 <br /> NOW, THEREFORE, in consideration of the sum of Two Thousand <br /> Dollars ($2 , 000 . 00) paid by Grantee to Grantor, the receipt of <br /> which is hereby acknowledged, Grantor hereby grants to Grantee, <br /> their heirs, successors in interest and assigns, the following: <br /> A. A permanent easement to travel, pass or drive upon the <br /> unimproved road on Grantor' s estate which is located as set forth <br /> and highlighted on Exhibit 1 attached hereto and incorporated <br /> herein by reference. In the event the unimproved road is impass- <br /> able, obstructed, or washed out, Grantee may travel, drive or pass <br /> upon Grantor' s estate immediately adjacent to the unimproved road <br /> until such time as the road is passable . <br /> B. A permanent and perpetual easement and right-of-way to <br /> construct, inspect, maintain, and repair such electrical lines and <br /> poles as may be necessary to provide electrical service to <br /> Grantee' s real estate, which poles and lines shall be located <br /> immediately adjacent to the unimproved road referenced above . <br /> C. Grantee may maintain or improve the unimproved road but <br /> not with crushed concrete and shall not commit waste upon said <br /> property, shall keep it free of refuse and debris, and shall <br /> further install at Grantee' s sole cost and expense, a cattle guard <br /> on or near the gate connecting Grantor' s and Grantee' s estate which <br /> shall be repaired and maintained by Grantee . In addition, upon <br /> completion of the Locust Street road-widening project by the State <br /> of Nebraska, in the event that the State does not install a cattle <br /> guard at the Locust Street entrance to Grantor' s property, Grantee <br /> shall install, maintain and repair a cattle guard at Grantee' s sole <br /> cost and expense . Grantor shall install a gate at said entrance and <br /> shall be responsible for maintenance and repair of said gate . <br /> D. Neither Grantor nor Grantee may exclude the other from <br /> access to the unimproved road. <br /> E. This easement shall be binding upon the parties, their <br /> successors in interest, heirs and assigns and shall run with <br /> Grantor' s estate and Grantee' s estate . <br /> F. This easement replaces the Grant of Right of Way filed as <br /> Document No. 99-109203 which is hereby terminated. <br /> GR.ANTOR: <br /> �� <br /> arles McDonald <br /> - i�'/ �/- <br /> Bett . McDonald <br /> I <br /> � <br />