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Larry F. Bellamy, as Attorney in fact for Elmer J. Bellamy under Power of Attorney
<br />dated July 25, 2001, ( "Grantor ") for and in consideration of One Dollar (51.00) and other
<br />good and valuable consideration, the receipt of which is hereby acknowledged, does hereby
<br />grant and convey unto QWEST CORPORATION, a Colorado corporation ( "Grantee "), whose
<br />address is 1801 California St., Suite 5200, Denver, CO 80202, and its successors, assigns,
<br />affiliates, lessees, licenses, and agents, a perpetual non - exclusive easement to construct,
<br />modify, add to, maintain, and remove such telecommunications facilities, electrical and gas
<br />facilities, and other appurtenances, from time to time, as Grantee may require upon, over,
<br />under and across the following described property situated in the County of Hall, State of
<br />Nebraska, which Grantor owns or in which Grantor has an interest ( "Easement Area "), to
<br />wit:
<br />An easement located in the northerly portion of the Grantor's property, being
<br />the northerly 10 feet of the easterly 1,080.42 feet of Grantors property, all of
<br />which Is situated in the Northeast Quarter (NE1 /4) of Section Twenty -Three
<br />(23), Township Twelve (12) North, Range Twelve (12), West of the 61h P.M.,
<br />Hall County, Nebraska, said real estate being immediately to the South of the
<br />parcel conveyed to the State of Nebraska Department of Roads in document
<br />#95- 102715 filed with the Register of Deeds of Hall County.
<br />Grantor further conveys to Grantee the right of ingress and egress to and from the
<br />Easement Area during all periods of construction, maintenance, installation, reinforcement,
<br />repair and removal over and across Grantor's lands with the right to clear and keep cleared
<br />all trees and other obstructions as may be necessary for Grantee's use and enjoyment of the
<br />Easement Area.
<br />Grantee shall indemnify Grantor for all damages caused to Grantor as a result of
<br />Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have
<br />no responsibility for environmental contamination, which is either pre- existing or not caused
<br />by Grantee.
<br />Grantor reserves the right to occupy, use and cultivate the Easement Area for all
<br />purposes not inconsistent with the rights herein granted.
<br />Grantor covenants that Grantor is the fee simple owner of the Easement Area or has
<br />an interest in the Easement Area. Grantor will warrant and defend title to the Easement Area
<br />against all claims.
<br />Grantor hereby covenants that no excavation, structure or obstruction will be
<br />constructed, or permitted on the easement Area and no change will be made by grading or
<br />otherwise that would adversely affect Grantee's use and enjoyment of the Easement Area.
<br />The rights, conditions and provisions of this Agreement shall run with the land and
<br />shall insure to the benefit of and be binding upon Grantor and Grantee and their respective
<br />suc ssors and assigns.
<br />L RR BE LLAMY, er of Attorney
<br />for Elmo J. Bellamy, GR TOR
<br />STATE OF NEBRASKA 1
<br />) ss.
<br />COUNTY OF HALL 1
<br />The foregoing instrument was acknowledged before me this X day of
<br />F—ek, -.4 , 2003, by Larry E. Bellamy, Power of Attorney for Elmer J. Bellamy.
<br />T
<br />Witness my hand and offjcial seal:
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<br />200302220
<br />EASEMENT
<br />AGREEMENT
<br />Larry F. Bellamy, as Attorney in fact for Elmer J. Bellamy under Power of Attorney
<br />dated July 25, 2001, ( "Grantor ") for and in consideration of One Dollar (51.00) and other
<br />good and valuable consideration, the receipt of which is hereby acknowledged, does hereby
<br />grant and convey unto QWEST CORPORATION, a Colorado corporation ( "Grantee "), whose
<br />address is 1801 California St., Suite 5200, Denver, CO 80202, and its successors, assigns,
<br />affiliates, lessees, licenses, and agents, a perpetual non - exclusive easement to construct,
<br />modify, add to, maintain, and remove such telecommunications facilities, electrical and gas
<br />facilities, and other appurtenances, from time to time, as Grantee may require upon, over,
<br />under and across the following described property situated in the County of Hall, State of
<br />Nebraska, which Grantor owns or in which Grantor has an interest ( "Easement Area "), to
<br />wit:
<br />An easement located in the northerly portion of the Grantor's property, being
<br />the northerly 10 feet of the easterly 1,080.42 feet of Grantors property, all of
<br />which Is situated in the Northeast Quarter (NE1 /4) of Section Twenty -Three
<br />(23), Township Twelve (12) North, Range Twelve (12), West of the 61h P.M.,
<br />Hall County, Nebraska, said real estate being immediately to the South of the
<br />parcel conveyed to the State of Nebraska Department of Roads in document
<br />#95- 102715 filed with the Register of Deeds of Hall County.
<br />Grantor further conveys to Grantee the right of ingress and egress to and from the
<br />Easement Area during all periods of construction, maintenance, installation, reinforcement,
<br />repair and removal over and across Grantor's lands with the right to clear and keep cleared
<br />all trees and other obstructions as may be necessary for Grantee's use and enjoyment of the
<br />Easement Area.
<br />Grantee shall indemnify Grantor for all damages caused to Grantor as a result of
<br />Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have
<br />no responsibility for environmental contamination, which is either pre- existing or not caused
<br />by Grantee.
<br />Grantor reserves the right to occupy, use and cultivate the Easement Area for all
<br />purposes not inconsistent with the rights herein granted.
<br />Grantor covenants that Grantor is the fee simple owner of the Easement Area or has
<br />an interest in the Easement Area. Grantor will warrant and defend title to the Easement Area
<br />against all claims.
<br />Grantor hereby covenants that no excavation, structure or obstruction will be
<br />constructed, or permitted on the easement Area and no change will be made by grading or
<br />otherwise that would adversely affect Grantee's use and enjoyment of the Easement Area.
<br />The rights, conditions and provisions of this Agreement shall run with the land and
<br />shall insure to the benefit of and be binding upon Grantor and Grantee and their respective
<br />suc ssors and assigns.
<br />L RR BE LLAMY, er of Attorney
<br />for Elmo J. Bellamy, GR TOR
<br />STATE OF NEBRASKA 1
<br />) ss.
<br />COUNTY OF HALL 1
<br />The foregoing instrument was acknowledged before me this X day of
<br />F—ek, -.4 , 2003, by Larry E. Bellamy, Power of Attorney for Elmer J. Bellamy.
<br />T
<br />Witness my hand and offjcial seal:
<br />i wxoTnm- sma`47
<br />DENISED G
<br />►M�l� / "' '_ Notary Public
<br />
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