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Store # 3395 -00 <br />Grand Island, NE <br />TEMPORARY CONSTRUCTION <br />AND PERMANENT SLOPE EASEMENT <br />THIS TEMPORARY CONSTRUCTION AND PERMANENT SLOPE <br />EASEMENT (this "Easement ") is made as of this /S�day of �c� , 2004, <br />by and between JUDITH K. POLAND and ROBERT K. POLAND, husband and wife <br />(collectively referred to herein as "Grantor "), WAL -MART REAL ESTATE BUSINESS <br />TRUST, a Delaware statutory trust and WAL -MART STORES, INC., a Delaware corporation <br />(collectively, "Wal- Mart"). <br />PRELIMINARY STATEMENTS <br />Grantor is the owner of a certain parcel of real property legally described in Exhibit A <br />attached hereto ( "Grantor Property "). Wal -Mart is the owner of certain real property legally <br />described in Exhibit B attached hereto (the "Wal -Mart Property "). Grantor desires to grant to <br />Wal -Mart, and its successors and assigns, a temporary easement to use the Easement Area for <br />construction activities incident to the construction of certain roadway improvements as well as a <br />temporary easement for grading of the Easement Area. For purposes of this Easement, the term <br />"Easement Area" shall be that certain real property as more particularly described on Exhibit C <br />attached hereto (the "Easement Area ") <br />AGREEMENT <br />For and in consideration of $10 and other good and valuable consideration, the receipt <br />and sufficiency of which is hereby acknowledged, Grantor hereby agrees as follows: <br />1. Grant of Temporary Construction Easement. Grantor hereby grants to Wal- <br />Mart, for the benefit of the Wal -Mart Property and Wal -Mart's heirs, successors and assigns, an <br />01- 599159.2 <br />M <br />n (y <br />C <br />m/N� <br />Z <br />C7 (10 <br />rn <br />3: <br />When recorded mail to; m <br />icy <br />(� <br />D <br />D <br />N <br />�.�, <br />o --� <br />C 2> <br />o <br />.=t <br />N <br />LandAmei Financial Crro Ioc„ (� <br />Attn: � r� <br />N <br />= <br />.—i <br />Q <br />�, <br />rT' <br />�_ <br />c— <br />z m <br />C� C� <br />-�7 _7C <br />1850 N. Cen� 0 <br />?y` <br />ve., # 03 <br />Phoenix AZ 8 004 <br />© <br />Escrow No. D �� <br />r _T1 <br />c� <br />- <br />... <br />o <br />r D <br />Cn <br />Ln <br />C 7 <br />G7 <br />PREPARED BY AND UPON <br />D <br />CD <br />RECORDING RETURN TO: <br />O <br />Cn <br />O ..y. <br />BRIAN C. EADES <br />Cn <br />Z <br />KUTAK ROCK LLP <br />0 <br />1650 FARNAM STREET <br />OMAHA, NE 68102 -2186 <br />Store # 3395 -00 <br />Grand Island, NE <br />TEMPORARY CONSTRUCTION <br />AND PERMANENT SLOPE EASEMENT <br />THIS TEMPORARY CONSTRUCTION AND PERMANENT SLOPE <br />EASEMENT (this "Easement ") is made as of this /S�day of �c� , 2004, <br />by and between JUDITH K. POLAND and ROBERT K. POLAND, husband and wife <br />(collectively referred to herein as "Grantor "), WAL -MART REAL ESTATE BUSINESS <br />TRUST, a Delaware statutory trust and WAL -MART STORES, INC., a Delaware corporation <br />(collectively, "Wal- Mart"). <br />PRELIMINARY STATEMENTS <br />Grantor is the owner of a certain parcel of real property legally described in Exhibit A <br />attached hereto ( "Grantor Property "). Wal -Mart is the owner of certain real property legally <br />described in Exhibit B attached hereto (the "Wal -Mart Property "). Grantor desires to grant to <br />Wal -Mart, and its successors and assigns, a temporary easement to use the Easement Area for <br />construction activities incident to the construction of certain roadway improvements as well as a <br />temporary easement for grading of the Easement Area. For purposes of this Easement, the term <br />"Easement Area" shall be that certain real property as more particularly described on Exhibit C <br />attached hereto (the "Easement Area ") <br />AGREEMENT <br />For and in consideration of $10 and other good and valuable consideration, the receipt <br />and sufficiency of which is hereby acknowledged, Grantor hereby agrees as follows: <br />1. Grant of Temporary Construction Easement. Grantor hereby grants to Wal- <br />Mart, for the benefit of the Wal -Mart Property and Wal -Mart's heirs, successors and assigns, an <br />01- 599159.2 <br />