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20040789
<br />I. CONVEYANCE
<br />Grantor, for and in consideration of: (1) good and valuable consideration in the sum of
<br />Seven Hundred Fifty Two Thousand and No /100 Dollars ($752,000.00), the receipt of which is
<br />hereby acknowledged by Grantor; and (2) the specific agreements hereinafter made by Grantee,
<br />for itself and its successors and assigns, to abide by and take subject to all reservations,
<br />restrictions, covenants, exceptions, notifications, conditions and agreements hereinafter set forth
<br />in this Quitclaim Deed, does hereby convey, remise, release and forever quitclaim to the Grantee,
<br />his successors and assigns, including a non - exclusive 20 -foot wide access easement located on
<br />Tract 26A that is shown on Exhibit "A -1" to the quitclaim deed dated 30 May 2003, conveying
<br />said Tract 26A to Southern Public Power District, recorded as Instrument Number 0200307151
<br />on 6 June 2003 in the land records of Hall County, Nebraska, and also shown and described on
<br />Exhibit "A -1" hereto, under and subject to the reservations, restrictions, covenants, exceptions,
<br />notifications, conditions and agreements hereinafter set forth, all right, title and interest, in and to
<br />the following described Property situate, lying, and being in Hall County, State of Nebraska,
<br />including any and all buildings, appurtenances and improvements thereon:
<br />Four parcels of land comprising parts of Sections Five (5), Eight (8), Seventeen (17),
<br />Twenty (20) and Twenty Nine (29), Township Eleven (11) North, Range Ten (10) West of the
<br />Sixth Principal Meridian, all being located in Hall County, Nebraska, containing 145.719 acres,
<br />more or less (hereinafter referred to as the "Property "), and more particularly shown and
<br />described in Exhibits "A -1 ", 66A -2999 "A -3" and "A -411, attached hereto and made a part hereof.
<br />RESERVING, however, to the Grantor and its assigns, a perpetual and assignable
<br />easement for the operation of the existing water lines (hereinafter "facilities ") that cross the
<br />Property (Parcel 1), as shown in Exhibit "A -1 ", and connects Well Houses EW -6 (Tract 37A)
<br />and EW -7 (Tract 38A), associated with the Pump and Treatment Plant located in Section Seven
<br />(7), Township Eleven (11) North, Range Ten (10) West of the Sixth Principal Meridian, together
<br />with access to the facilities for monitoring and/or maintenance purposes. The Grantee, its
<br />successors and assigns shall allow ingress and egress of all equipment necessary to accomplish
<br />the same.
<br />RESERVING, however, to the Grantor, its successors and assigns, ownership and
<br />exclusive use of the existing monitoring wells located on the Property together with access
<br />across the Property for the purpose of monitoring and/or closing the two wells located on the
<br />Property. The Grantee, its successors and assigns shall allow ingress and egress of all equipment
<br />necessary to accomplish the same. One monitoring well is located in the northern part of Parcel
<br />No. 1 (G0004) and the other monitoring well is located near the middle of Parcel No. 1 (G0009).
<br />RESERVING, however, to the Grantor and its assigns a perpetual and assignable right,
<br />power, and easement in, upon, over and across the above described Property as follows: no new
<br />water wells shall be constructed and maintained on the land for domestic purposes; no existing
<br />water wells shall be utilized on the land for domestic purposes; and no ground water shall be
<br />used for domestic purposes. Domestic purposes include human consumption, sanitation,
<br />bathing, cooking, laundering, and swimming. Domestic purposes do not include crop irrigation,
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