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<br />PREPARED BY AND UPON
<br />RECORDING RETURN TO:
<br />BRIAN C. EADES
<br />KUTAK ROCK LLP
<br />1650 FARNAM STREET
<br />OMAHA, NE 68102-2186
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<br />Store # 3395 -00
<br />Grand Island, NE
<br />TEMPORARY CONSTRUCTION EASEMENT AGREEMENT \,
<br />THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this "Agreement ") is
<br />made as of this day of CC,� , 2004, by and among WELLS FARGO BANK
<br />NEBRASKA, N.A., AS THE TRUSTEE OF THE IRENE V. CHRISTENSEN EASTON
<br />REVOCABLE TRUST (hereinafter referred to as "Grantor "), WAL -MART REAL ESTATE
<br />BUSINESS TRUST, a Delaware statutory trust and WAL -MART STORES, INC., a Delaware
<br />corporation (collectively, "Wal- Mart").
<br />PRELIMINARY STATEMENTS
<br />Grantor is the owner of a certain parcel of real property legally described in Exhibit A attached
<br />hereto ( "Grantor Property"). Wal -Mart is the owner of certain real property legally described in Exhibit
<br />B attached hereto (the "Wal -Mart Property"), which is contiguous to the Grantor Property. The parties
<br />desire that an access road, utility lines and equipment, a drainage channel and storm water detention cell,
<br />sediment control devices or cells be constructed on the Grantor Property and the Wal -Mart Property in
<br />accordance with the terms and provisions of. (i) Development Agreement (the "Development
<br />Agreement ") entered into by and between Wal -Mart and the City of Grand Island, Nebraska, a Nebraska
<br />municipal corporation (the "City"); (ii) the Site Plan for the Grantor Property and the Wal -Mart Property
<br />dated April 12, 2004 as prepared by Olsson Associates (the "Site Plan "); and (iii) the Erosion & Sediment
<br />Control Plan for the Grantor Property and the Wal -Mart Property dated June 9, 2004 as prepared by
<br />Olsson Associates (the "Erosion Plan ") items (i), (ii) and (iii) being hereinafter collectively referred to as
<br />the "Improvements." Grantor desires to grant to Wal -Mart, and its successors and assigns, a temporary
<br />easement to construct the Improvements (including all construction activities incidental thereto) together
<br />with the right of ingress and egress to and from the same, on, over, under and through the Grantor
<br />Property. Additionally, Grantor desires to grant to Wal -Mart a temporary easement for certain grading
<br />work to be performed by Wal -Mart on the Grantor Property, subject to the terms and conditions
<br />hereinafter set forth.
<br />01- 599183.4
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<br />Store # 3395 -00
<br />Grand Island, NE
<br />TEMPORARY CONSTRUCTION EASEMENT AGREEMENT \,
<br />THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (this "Agreement ") is
<br />made as of this day of CC,� , 2004, by and among WELLS FARGO BANK
<br />NEBRASKA, N.A., AS THE TRUSTEE OF THE IRENE V. CHRISTENSEN EASTON
<br />REVOCABLE TRUST (hereinafter referred to as "Grantor "), WAL -MART REAL ESTATE
<br />BUSINESS TRUST, a Delaware statutory trust and WAL -MART STORES, INC., a Delaware
<br />corporation (collectively, "Wal- Mart").
<br />PRELIMINARY STATEMENTS
<br />Grantor is the owner of a certain parcel of real property legally described in Exhibit A attached
<br />hereto ( "Grantor Property"). Wal -Mart is the owner of certain real property legally described in Exhibit
<br />B attached hereto (the "Wal -Mart Property"), which is contiguous to the Grantor Property. The parties
<br />desire that an access road, utility lines and equipment, a drainage channel and storm water detention cell,
<br />sediment control devices or cells be constructed on the Grantor Property and the Wal -Mart Property in
<br />accordance with the terms and provisions of. (i) Development Agreement (the "Development
<br />Agreement ") entered into by and between Wal -Mart and the City of Grand Island, Nebraska, a Nebraska
<br />municipal corporation (the "City"); (ii) the Site Plan for the Grantor Property and the Wal -Mart Property
<br />dated April 12, 2004 as prepared by Olsson Associates (the "Site Plan "); and (iii) the Erosion & Sediment
<br />Control Plan for the Grantor Property and the Wal -Mart Property dated June 9, 2004 as prepared by
<br />Olsson Associates (the "Erosion Plan ") items (i), (ii) and (iii) being hereinafter collectively referred to as
<br />the "Improvements." Grantor desires to grant to Wal -Mart, and its successors and assigns, a temporary
<br />easement to construct the Improvements (including all construction activities incidental thereto) together
<br />with the right of ingress and egress to and from the same, on, over, under and through the Grantor
<br />Property. Additionally, Grantor desires to grant to Wal -Mart a temporary easement for certain grading
<br />work to be performed by Wal -Mart on the Grantor Property, subject to the terms and conditions
<br />hereinafter set forth.
<br />01- 599183.4
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