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200407898
<br />State of Nebraska, and the Department of the Army, effective September 1990, and a copy of any
<br />amendments thereto, have been provided the assignee. The assignee agrees that should any conflict
<br />arise between the terms of the FFA as they presently exist or may be amended, and the provisions of
<br />this assignment, the terms of the FFA will take precedence. The assignee further agrees that
<br />notwithstanding any other provisions of the assignment, the United States assumes no liability to the
<br />person or entity to whom the Assigned Easements are assigned should implementation of the FFA
<br />interfere with their use of the Assigned Easements. The assignee or any subsequent assignee shall
<br />have no claim on account of any such interference against the United States or any officer, agent,
<br />employee or contractor thereof.
<br />16. RAIL USE AGREEMENT BETWEEN DTE AND HALL COUNTY
<br />Use of the Assigned Easements and facilities will be in accordance with the provisions set forth
<br />in the AGREEMENT AND DECLARATION OF COVENANTS, RESTRICTIONS AND
<br />CONDITIONS dated 17 December 2002, between DTE Rail Services, Inc., and County of Hall,
<br />Nebraska, attached hereto as Exhibit `B" and made a part hereof.
<br />17. PREVIOUSLY RESERVED EASEMENTS
<br />The Assigned Easements identified on said Exhibit "A" are the easements being thirty feet in
<br />width, 15 feet on either side of the centerlines, which are located on lands conveyed to: Big B, Inc.,
<br />and identified as Tract 22 (Deed dated 22 April 2002, recorded as Instrument No. 0200204918,
<br />Hall County, Nebraska); Big B, Inc., and identified as Tract 25 (Deed dated 22 April 2002, recorded
<br />as Instrument No. 0200204920, Hall County, Nebraska); Keith W. Brown, as Trustee of the Brown
<br />Family Trust, and identified as Tract 24 (Deed dated 8 October 2002, recorded as Instrument
<br />No. 0200212786, Hall County, Nebraska); Southern Public Power District and identified as
<br />Tracts 26A and 37B (Deed dated 30 May 2003, recorded as Instrument No. 0200307151,
<br />Hall County, Nebraska); and Southern Public Power District and identified as Tracts 26B and 37A
<br />(Deed dated 30 May 2003, recorded as Instrument No. 0200307152, Hall County, Nebraska). The
<br />said deeds quitclaimed the United States' interests in those lands, reserved unto the United States and
<br />its assigns, perpetual and assignable easements and rights -of -way, thirty (30) feet in width, in, on,
<br />over, and across the property for the installation, operation, use, repair, replacement, and
<br />maintenance of a railroad, railroad tracks, ballast, and associated railroad facilities.
<br />THIS ASSIGNMENT is not subject to Title 10, United States Code, Section 2662, as
<br />amended.
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