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200407899
<br />NO. DACA45 -2 -04 -6021
<br />DEPARTMENT OF THE ARMY
<br />EASEMENT FOR RAILROAD FACITIIES
<br />LOCATED ON
<br />CORNHUSKER ARMY AMMUNITION PLANT
<br />HALL COUNTY, NEBRASKA
<br />THE SECRETARY OF THE ARMY under and by virtue of the authority vested in the
<br />Secretary by Title 10, United States Code, Section 2668, having found that the granting of this
<br />easement will not be against the public interest, hereby grants to DTE Rail Services, Inc., a
<br />Michigan corporation, with its principal office located at 425 South Main Street, Ann Arbor,
<br />Michigan 48104, hereinafter referred to as the grantee, a nonexclusive easement and right -of -way
<br />for the operation, repair, maintenance and replacement of certain grantee owned railroad and spur
<br />tracks located on the Comhusker Army Ammunition Plant, Nebraska, hereinafter referred to as the
<br />facilities, over, across, in and upon the lands of the United States as identified in Exhibit "A ",
<br />attached hereto and made a part hereof, hereinafter referred to as the premises. Pursuant to Lease
<br />No. DACA45 -1 -79 -6041, the grantee and its predecessors in interest have leased and occupied the
<br />granted easement area since September 1979 for railroad purposes.
<br />THIS EASEMENT is granted subject to the following conditions:
<br />1. TERM
<br />This easement is revocable at will by the Secretary. This easement is granted for a term of
<br />one year, beginning 1 April 2004, and ending 31 March 2005; thereafter the term of said
<br />easement shall be automatically extended on a month -to -month basis until the Government gives
<br />30 days written notice of termination to grantee.
<br />2. CONSIDERATION
<br />The grantee shall pay in advance to the United States the amount of One Thousand Two
<br />Hundred and No /100 Dollars ($1,200.00) (in full for the term hereof); thereafter the grantee shall
<br />pay in advance to the United States One Hundred Dollars each month the term of the easement is
<br />extended beyond the ending date (31 March 2005) of the easement. Payment shall be
<br />made to the order of the "FAO USAED — Omaha ", and delivered to USAED, Omaha,
<br />ATTN: CENWO- RE -PC, 106 South 15th Street, Omaha, NE 68102 -1618.
<br />3. NOTICES
<br />All correspondence and notices to be given pursuant to this easement shall be addressed, if to
<br />the grantee, to DTE Rail Services, Inc., a Michigan corporation, with its principal office located at
<br />425 South Main Street, Ann Arbor, Michigan 48104, and if to the United States, to the
<br />District Engineer, ATTN: Chief, Real Estate Division, 106 South 15th Street, Omaha, Nebraska
<br />68102 -1618, or as may from time to time otherwise be directed by the parties. Notice shall be
<br />deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper
<br />addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the
<br />United States Postal Service.
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