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<br />Lynnettte M. Davis
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<br />HAWLEY TROXELL ENNIS & HAWLEY LP
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<br />P.O. Box 1617
<br />Boise, Idaho 83701 -1617
<br />(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
<br />PARTIAL RELEASE OF CLAIM OF LIEN AFFECTING AT &T ` S'50
<br />PLEASE TAKE NOTICE that the Claim of Lien, designated as "Notice of Filing
<br />Construction Lien ", recorded as Instrument No. 0200309193, on July 18, 2003, Official Records
<br />of Hall County, State of Nebraska, by Power Engineers, Inc., and its successors and assigns
<br />(hereinafter collectively referred to as "Power Engineers "), with respect to the right, title,
<br />interest, lien, easement, franchise rights, use rights or permits owned or held by (i) Touch
<br />America, Inc. and its parents, subsidiaries, associated and allied companies and affiliates and
<br />their respective property (tangible or intangible, real, personal or mixed), officers, directors,
<br />employees, agents, successors and assigns (hereinafter collectively referred to as "Touch
<br />America ") and/or (ii) AT &T Corp., AT &T Communications of the Midwest, Inc. and their
<br />parents, subsidiaries, associated and allied companies and affiliates and their respective property
<br />(tangible or intangible, real, personal or mixed), officers, directors, employees, agents,
<br />successors and assigns (hereinafter collectively referred to as "AT &T ") in certain real property
<br />located in the state of Nebraska, and more particularly described in the attached Exhibit A,
<br />together with the underground fiber optic conduit system running across said real property is
<br />hereby partially released as follows:
<br />1) Power Engineers unconditionally and finally releases, acquits and forever
<br />discharges the Claim of Lien with respect to AT &T, and only AT &T, and further
<br />unconditionally and finally releases, acquits and forever discharges AT &T, and only AT &T, of
<br />and from any and all manner of action and actions, cause and causes of actions, suits, debts,
<br />dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts,
<br />controversies, executions, claims, liens (including, without limitation mechanics', materialmens',
<br />stop notices, lis pendens, bond rights, chattel and other construction related liens, attachments
<br />and writs) or demands of any kind and nature whatsoever, in law or in equity, known or
<br />unknown, direct or indirect against AT &T or any property of AT &T which Power Engineers
<br />ever had, has or may have arising from or relating to Power Engineers' contracts with Touch
<br />America ( "Touch America Contracts "), which gave rise to the Claim of Lien, including under the
<br />statutes and other applicable law of the place in which the work was performed (collectively, the
<br />"Claims and Liens ") and further unconditionally waives and releases any and all such Claims
<br />and Liens, which it has, had or may have on account of labor, materials or other services
<br />provided by Power Engineers under the Touch America Contracts.
<br />PARTIAL RELEASE OF CLAIM OF LIEN - 1
<br />30559.0193.760447.1
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<br />(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
<br />PARTIAL RELEASE OF CLAIM OF LIEN AFFECTING AT &T ` S'50
<br />PLEASE TAKE NOTICE that the Claim of Lien, designated as "Notice of Filing
<br />Construction Lien ", recorded as Instrument No. 0200309193, on July 18, 2003, Official Records
<br />of Hall County, State of Nebraska, by Power Engineers, Inc., and its successors and assigns
<br />(hereinafter collectively referred to as "Power Engineers "), with respect to the right, title,
<br />interest, lien, easement, franchise rights, use rights or permits owned or held by (i) Touch
<br />America, Inc. and its parents, subsidiaries, associated and allied companies and affiliates and
<br />their respective property (tangible or intangible, real, personal or mixed), officers, directors,
<br />employees, agents, successors and assigns (hereinafter collectively referred to as "Touch
<br />America ") and/or (ii) AT &T Corp., AT &T Communications of the Midwest, Inc. and their
<br />parents, subsidiaries, associated and allied companies and affiliates and their respective property
<br />(tangible or intangible, real, personal or mixed), officers, directors, employees, agents,
<br />successors and assigns (hereinafter collectively referred to as "AT &T ") in certain real property
<br />located in the state of Nebraska, and more particularly described in the attached Exhibit A,
<br />together with the underground fiber optic conduit system running across said real property is
<br />hereby partially released as follows:
<br />1) Power Engineers unconditionally and finally releases, acquits and forever
<br />discharges the Claim of Lien with respect to AT &T, and only AT &T, and further
<br />unconditionally and finally releases, acquits and forever discharges AT &T, and only AT &T, of
<br />and from any and all manner of action and actions, cause and causes of actions, suits, debts,
<br />dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts,
<br />controversies, executions, claims, liens (including, without limitation mechanics', materialmens',
<br />stop notices, lis pendens, bond rights, chattel and other construction related liens, attachments
<br />and writs) or demands of any kind and nature whatsoever, in law or in equity, known or
<br />unknown, direct or indirect against AT &T or any property of AT &T which Power Engineers
<br />ever had, has or may have arising from or relating to Power Engineers' contracts with Touch
<br />America ( "Touch America Contracts "), which gave rise to the Claim of Lien, including under the
<br />statutes and other applicable law of the place in which the work was performed (collectively, the
<br />"Claims and Liens ") and further unconditionally waives and releases any and all such Claims
<br />and Liens, which it has, had or may have on account of labor, materials or other services
<br />provided by Power Engineers under the Touch America Contracts.
<br />PARTIAL RELEASE OF CLAIM OF LIEN - 1
<br />30559.0193.760447.1
<br />
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