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200502'738 <br />negligence or willful misconduct of an Indemnitee. The term "affiliate" (or "affiliates" as the <br />case may be) as used herein means any corporation which directly or indirectly controls, or is <br />controlled by, or is under common control with Grantor. <br />It is expressly made a condition of this grant of easement that if Grantee, its <br />successors or assigns, shall abandon the Property or any portion of the Property for the purposes <br />of the easement herein granted, the rights herein granted shall cease and terminate with respect to <br />the portion of the Property so abandoned, and the title to the Property shall be freed from the <br />burden of the easement. It is further agreed that nonuse of the Property as part of its highway <br />facility or any portion thereof for the purposes of the easement herein granted for the period of <br />one (1) year shall be deemed an abandonment of the Property or portion thereof not so used. <br />IN WITNESS WHEREOF, Grantor and Grantee have caused this Deed to be duly <br />executed as of the date first herein written. <br />UNION PACIFIC RAILROAD COMPANY, <br />a Delaware corporation <br />By: 4Nf — <br />Title: GENE ANAGER -REA ATE <br />THE STATE OF NEBRASKA, DEPARTMENT <br />OF ROADS <br />In <br />G:\LAWADM�BMH\PSA \Omaha \State of NR Dcpt of Rds.Hall County Easement Deed. doe 3 <br />