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200205239 WHEREAS, by exercise of rights of eminent domain Easement Holder has also obtained fee simple title to certain real estate intended to be utilized for flood protection levee construction legally described as: A tract of land located in Section 1, Township 10 North, Range 10 West of the 61i P.M., Hall County, Nebraska, and more particularly described as: Commencing at the Northwest corner of the East Half of the Northeast Quarter (F,l /2NE1 /4) of said Section 1; thence on an assumed bearing of S 00 039'31" E along the West line of said El /2NE1 /4 a distance of 1429.97 feet to the point of beginning; thence N 86'11'06" E a distance of 1241.04 feet to a point on the West right -of -way (R.O.W.) line of U.S. Highway #281; thence upon and along said R.O.W. line S 00'07'17" E a distance of 227.09 feet; thence S 89 °52'32" W a distance of 60.00 feet; thence S 00 °07'28" E a distance of 16.92 feet; thence leaving said R.O.W. S 86 °11'06" W a distance of 1178.70 feet to a point on the West line of said El /2NE1/4; thence N 00 °38'54" W along said West line a distance of 240.00 feet to the point of beginning. Said tract contains 6.814 acres more or less; WHEREAS, such described parcel acquired through eminent domain proceedings may be affected by the Easement retained by the Subordinating Party; and WIIEREAS, the Subordinating Party is willing to subordinate any rights she may now or hereafter have in respect to the Subordinated Easement to all easements and property interests of record in favor of Easement Holder, whenever and wherever filed, in order to assure the Easement Holder of the unrestricted right to utilize property to which it has fee simple title, temporary construction easements, levee easements and flowage easements as the same might otherwise be affected by the Subordinated Easement so long as Subordinating Party's access rights are interfered with to the minimum extent reasonably possible during and restored after any construction by Easement Holder; NOW, THEREFORE, it is agreed: 1. The Subordinating Party hereby consents to a subordination of the Subordinated Easement priority position to the Easement Holder and agrees that Subordinating Party's rights to ingress and egress in respect to the Subordinated Easement hereinabove described, shall at all times be secondary to the extent herein provided and subject to the unrestricted right of use by the Easement Holder, its successors and assigns, for the purposes described in those recorded easements in favor of Easement Holder identified as the Flood Protection Levee Easement dated February 12, 2002 and filed March 14, 2002 in the office of the Hall County Register of Deeds as Document No. 200202836; the Flowage Easement dated February 12, 2002 and filed March 14, 2002 in the office of the Hall County Register of Deeds as Document No. 200202837; and the Right of Way Contract Temporary Easement dated February 12, 2002 and filed March 14, 2002 in the office of the Hall County Register of Deeds as Document No. 200202838. Additionally, such Subordinated Easement shall also be subordinate to uses by Easement Holder, its successors and assigns, of that real estate described as: A tract of land located in Section 1, Township 10 North, Range 10 West of the 6`1' Y.M., Hall County, Nebraska, and more particularly described as: