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<br />DEPARTMENT OF THE ARMY
<br />ASSIGNMENT OF EASEMENT INTERESTS FOR RAILROAD
<br />FACILITIES
<br />LOCATED ON
<br />�� 7•
<br />CORNHUSKER ARMY AMMUNITION PLANT
<br />HALL COUNTY, NEBRASKA
<br />WHEREAS, Section 2836(a) of the National Defense Authorization Act for Fiscal Year
<br />1995 (Public Law 103 -337, 108 Stat 2663, 3063) ( "said Act "), authorized the Secretary of the
<br />Army to convey the property interests herein to the Hall County Board of Supervisors, or its
<br />designee; and
<br />WHEREAS, the said Board designated that the property interests to be conveyed herein be
<br />transferred to DTE Rail Services, Inc.; and
<br />WHEREAS, the assignee and its predecessors in interest have leased and occupied the
<br />Assigned Easements being assigned herein since September 1979 for railroad purposes; and
<br />WHEREAS, the assignee's use of the property will be in a manner consistent with the
<br />Cornhusker Army Ammunition Plant Reuse Committee Comprehensive Reuse Plan;
<br />NOW THEREFORE, THE SECRETARY OF THE ARMY under and by virtue of the
<br />authority vested in the Secretary and pursuant to the powers and authority contained in said Act,
<br />having found that the assignment of certain previously reserved easement interests will be in the public
<br />interest, hereby assigns to DTE Rail Services, Inc., a Michigan corporation, with its principal
<br />office located at 425 South Main Street, Ann Arbor, Michigan 48104, hereinafter referred to as
<br />the assignee, and its assigns, non - exclusive and perpetual easements and rights -of -way 30 feet in
<br />width, for the installation, operation, use, repair, replacement, and maintenance of a railroad, railroad
<br />tracks, ballast, and associated railroad facilities located on the Cornhusker Army Ammunition Plant,
<br />Nebraska, including all right, title and interest in and to all appurtenances, and conveys and sells
<br />rails, ties, beds, and ballast, located thereon, hereinafter referred to as the facilities, that exists in, on,
<br />over, and across, the property which is identified in Exhibit "A ", which is attached hereto and made
<br />a part hereof. The easement interests being assigned were reserved in the quitclaim deeds
<br />(hereinafter referred to as the Assigned Easements) identified in Condition No. 17 herein. Assignee
<br />assumes all rights, duties, obligations and liabilities of the assignor, if any. Assignor makes no
<br />implied or express warranties or guarantees of any kind to the assignee and its assigns. Assignee
<br />accepts the Assigned Easements and Facilities located thereon in "as is ", "where is" condition. This
<br />assignment is made without recourse; and
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