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200406341 AND ALSO EXCEPT that Grantor reserves unto itself and to its successors and assigns a perpetual and assignable right and easement in the land described below, for the perpetual right, power, privilege and easement occasionally to overflow, flood and submerge (the land described below) in connection with the operation and maintenance of Wood River Flood Control Project 97 -0174 with Grantor further hereby retaining all right, title and interest in and to the structure; and improvements now situated on the land, except fencing; specifically hereby prohibiting the construction or maintenance of any structures for human habitation on the land described below, and further hereby providing that no other structures may be constructed or maintained upon the land described below, except as may be approved in writing by the representative of the Grantor, or its successor, in charge of the above - mentioned project as to that portion of the real estate described as: A PERMANENT FLOWAGE EASEMENT LOCATED IN SECTION 1, TOWNSHIP 10 NORTH, RANGE 10 WEST OF THE 6TH. P.M., HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE NORTHEAST QUARTER (El /2, NE1 /4) OF SAID SECTION 1; THENCE ON AN ASSUMED BEARING OF S00 039'31 "E ALONG THE WEST LINE OF SAID El /2, NEIA A DISTANCE OF 1429.97 FEET TO THE POINT OF BEGINNING; THENCE N86 °11'06 "E A DISTANCE OF 75.12 FEET; THENCE S20 028'58 "W A DISTANCE OF 208.06 FEET TO A POINT ON THE WEST LINE OF SAID El /2, NE1 /4; THENCE N00 °38'54 "W ALONG SAID WEST LINE A DISTANCE OF 189.92 FEET TO THE POINT OF BEGINNING, SAID EASEMENT CONTAINS .164 ACRES MORE OR LESS. RESERVING, however, to the Grantee, Grantee's successors and assigns, the right of excavation for the purpose of quarrying sand, gravel, etc., subject only to the limitations on location from the base of the levee hereinabove specified and such approval as to the placement of overburden, if any, in connection with such excavation, AND FURTHER RESERVING unto Grantee all such other rights and privileges in the land as may be used without interfering with or abridging the rights and easements hereby retained and restrictions imposed; subject, however, to Federal and State laws with respect to pollution, existing easements for public roads and highways, public utilities, railroads and pipelines, situated upon the real estate. GRANTOR covenants with the GRANTEE that GRANTOR: (1) is lawfully seised of such real estate and that it is free from encumbrances, except easements and restrictions of record and hereby reserved for the benefit of Grantor, its successors and assigns; (2) has legal power and lawful authority to convey the same; (3) warrants and will defend the title to the real estate against the lawful claims of all persons. Executed this A l day of 2004. CENTRAL PLATTE NATURAL RESOURCES DISTRICT: a Nebraska Political Subdivision l By STATE OF NEBRASKA ) (ss: COUNTY OF HALL ) Ron Bishop, General The foregoing Warranty Deed was acknowledged before me on this /? day of , 2004, by Ron Bishop, General Manager of Central Platte Natural Resources District, Nebraska political subdivision, on behalf of the political subdivision. GENERAL NOTARY - $tate of WAUka AREND R. BAACK My Comm. EJV. June 29, 2005 Notary Public 1754 - 23/86744x2