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200205563 <br />evidencing the termination of the easements as may be required to clear the title record of this <br />reciprocal easement. <br />4. Miscellaneous. <br />4.1 Wilson represents and warrants that it now owns fee simple, absolute, <br />record, marketable title in and to the Wilson Tract, that there are no easements, grants, <br />mortgages, deeds of trust, restrictions, liens, claims or other encumbrances against or affecting <br />the Wilson Tract which would prevent, hinder, delay, encumber or otherwise adversely affect <br />Lyman's exercise of its rights under this Agreement. Wilson has full right, power and authority <br />to enter into, execute and deliver this Agreement and to convey the aforesaid easement to Lyman <br />and thereafter to be bound hereby and hereto. <br />4.2 Lyman represents and warrants that it now owns fee simple, absolute, <br />record, marketable title in and to the Lyman Tract, that there are no easements, grants, mortgages, <br />deeds of trust, restrictions, liens, claims or other encumbrances against or affecting the Lyman <br />Tract which would prevent, hinder, delay, encumber or otherwise adversely affect Wilson's <br />exercise of its rights under this Agreement. Lyman has full right, power and authority to enter <br />into, execute and deliver this Agreement and to convey the aforesaid easements to Wilson and <br />thereafter to be bound hereby and hereto. <br />4.3 Whenever the term "Lyman" or the term "Wilson" is used herein, the same <br />shall mean and include the party named herein as "Lyman" or "Wilson ", as the case may be, and <br />their respective heirs, successors, assigns, trustees, representatives and successors -in -title to all or <br />any portion of the "Lyman Tract" or the "Wilson Tract ", and each of them, however, Lyman's <br />interest herein shall not be expanded or divided for the use of multiple parties without the prior <br />express written consent of Wilson. Wilson's interest herein shall not be expanded or divided for <br />the use of multiple parties without the prior express written consent of Lyman. <br />4.4 This Agreement shall be governed by and construed under the laws of the <br />State of Nebraska. <br />[SIGNATURES BEGIN ON FOLLOWING PAGE] <br />C:\NrPortbl\AC\CHHOOFF\633945-8.DOC <br />