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iii i. ° Q4 Parks (,p1'il(Tll;i: ivil 200307684 MAY - 1 2003 I � % "- i_;;i +lf-.O r ili)IPlf;''�Iflli �I'llSlrn AMENDMENT TO NON - CONTINUOUS EASEMENT AGREEMENT A� This NO CONTINUOUS EASEMENT AGREEMENT was entered into as of the , day of , 2003, by and between the Game & Parks Commission, (hereinafter "the Commission "), and the Department of Health and Human Services Regulation & Licensure (hereinafter the "Department "). RECITALS I. The Commission is the owner in fee simple of certain property which is the subject of this easement. The Commission desires to convey and Department desires to accept a non - continuous easement to construct water wells on test sites PER THIS AMENDMENT dated the day of , 2003 on that portion of the Property legally described as: The SW 1/4, of the SE '/4, of the NE '/4 , Section 20, Township I 1 North, Range 10 West, Hall County Nebraska, Measurement from the East Section line the area 660 feet to 1,320 feet. From the North section line of the '/z Section 0 feet to 650 feet. This Non - Continuous Easement is bound by this area. All of the provisions in the Original Non - Continuous Easement dated the 8"' of March 2002, that do not conflict with this AMENDMENT TO NON - CONTINUOUS EASEMENT AGREEMENT, continue in full force and effect. This Amendment shall be attached to the Original NON - CONTINUOUS EASEMENT AGREEMENT, and incorporated as if fully set out by this reference. Pursuant to this Amendment there will be an additional six (6) geothermal closed loop water wells, and one (1) additional monitoring well with 100% chip bentonite grout. These shall be in addition to the ten (10) previously created wells. This non - continuous easement shall be for a duration, not to exceed three (3) years, from the date of both signatures to this Agreement. The Commission is entitled to all rights stemming from the original easement agreement, which entitle the Commission to notify the Department, in writing of said wells the Commission wishes to retain upon expiration of this easement. The Department shall be held harmless for maintenance of those wells retained by the Commission upon expiration of this easement. This Amendment is effective upon the date of the last signor to this instrument, and shall be filed by the Department within a reasonable amount of time, not to exceed forty-five (45) days.