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j <br />� s el /_ ii � <br />THIS AGREEMENT, made this � day of 9u4.ist 2003, by and between Grand r <br />Island Mall, LTD, a Nebraska Limited Partnership, hereinafter called "The Mall ", and Gerald �� <br />R. Jacobsen, a married person, and Gary R. Jacobsen, a single person, hereinafter called �. <br />"Jacobsen "; <br />WHEREAS, the Mall is selling Lot Two (2), Grand Island Mall Eleventh Subdivision <br />to the City of Grand Island, Hall County, Nebraska, to Jacobsen, and Jacobsen desires to <br />have proper access rights to and from said Lot Two (2), Grand Island Mall Eleventh <br />Subdivision, City of Grand Island, Hall County, Nebraska, for the operation of its facilities <br />on the land conveyed from the Mall; <br />WITNESSETH: <br />1. In consideration of One Dollar ($1.00) and other good and valuable <br />consideration and of the sale of the real estate by the Mall to Jacobsen legally described <br />as Lot Two (2), Grand Island Mall Eleventh Subdivision to the City of Grand Island, Hall <br />County, Nebraska, this Easement Agreement is made and entered into. Grand Island Mali, <br />LTD, is owner of the following real estate: Lot One (1), Grand Island Mall Eighth Addition <br />to the City of Grand Island, Hall County, Nebraska. <br />2. The Mall grants to Jacobsen, their respective heirs, successors and assigns <br />(including mortgagees) and any person who shall be from time to time entitled to the use <br />and occupancy of said Lot Two (2), Grand Island Mall Eleventh Subdivision to the City of <br />Grand Island, Hall County, Nebraska, under any lease, sublease, license or concession <br />agreement or other instrument or arrangement under which rights are acquired, the <br />following easements for use of Jacobsen on the aforementioned real estate owned by <br />Grand Island Mall, LTD: <br />A. Pedestrian Easement - Non - exclusive easement for the purpose of <br />pedestrian traffic over, upon or across said aforementioned Mall real estate and for <br />access to public streets and alleys now or hereafter abutting or located on any <br />portion of Mall's real estate. <br />B. Vehicular Easement - Non - exclusive easement for the purpose of vehicular <br />traffic over, upon or across said aforementioned Mall real estate and for access to <br />public streets and alleys now or hereafter abutting. <br />C. Utility Easement - Non - exclusive easement for the installation, use, <br />connection to, operation, maintenance, repair, replacement and removal of: Water <br />lines and system; electrical lines and system; gas lines and system; storm sewer <br />1 <br />M <br />= <br />�` <br />Z <br />c i <br />CJ <br />O r'+ <br />-? <br />N <br />U <br />mt <br />0 Q <br />C} <br />? <br />fV <br />Ord <br />O N <br />1 4 <br />- <br />� <br />cJ <br />c� <br />tom. <br />CD <br />—7 <br />~ <br />Cn <br />U) <br />O Z <br />EASEMENT AGREEMENT <br />O <br />j <br />� s el /_ ii � <br />THIS AGREEMENT, made this � day of 9u4.ist 2003, by and between Grand r <br />Island Mall, LTD, a Nebraska Limited Partnership, hereinafter called "The Mall ", and Gerald �� <br />R. Jacobsen, a married person, and Gary R. Jacobsen, a single person, hereinafter called �. <br />"Jacobsen "; <br />WHEREAS, the Mall is selling Lot Two (2), Grand Island Mall Eleventh Subdivision <br />to the City of Grand Island, Hall County, Nebraska, to Jacobsen, and Jacobsen desires to <br />have proper access rights to and from said Lot Two (2), Grand Island Mall Eleventh <br />Subdivision, City of Grand Island, Hall County, Nebraska, for the operation of its facilities <br />on the land conveyed from the Mall; <br />WITNESSETH: <br />1. In consideration of One Dollar ($1.00) and other good and valuable <br />consideration and of the sale of the real estate by the Mall to Jacobsen legally described <br />as Lot Two (2), Grand Island Mall Eleventh Subdivision to the City of Grand Island, Hall <br />County, Nebraska, this Easement Agreement is made and entered into. Grand Island Mali, <br />LTD, is owner of the following real estate: Lot One (1), Grand Island Mall Eighth Addition <br />to the City of Grand Island, Hall County, Nebraska. <br />2. The Mall grants to Jacobsen, their respective heirs, successors and assigns <br />(including mortgagees) and any person who shall be from time to time entitled to the use <br />and occupancy of said Lot Two (2), Grand Island Mall Eleventh Subdivision to the City of <br />Grand Island, Hall County, Nebraska, under any lease, sublease, license or concession <br />agreement or other instrument or arrangement under which rights are acquired, the <br />following easements for use of Jacobsen on the aforementioned real estate owned by <br />Grand Island Mall, LTD: <br />A. Pedestrian Easement - Non - exclusive easement for the purpose of <br />pedestrian traffic over, upon or across said aforementioned Mall real estate and for <br />access to public streets and alleys now or hereafter abutting or located on any <br />portion of Mall's real estate. <br />B. Vehicular Easement - Non - exclusive easement for the purpose of vehicular <br />traffic over, upon or across said aforementioned Mall real estate and for access to <br />public streets and alleys now or hereafter abutting. <br />C. Utility Easement - Non - exclusive easement for the installation, use, <br />connection to, operation, maintenance, repair, replacement and removal of: Water <br />lines and system; electrical lines and system; gas lines and system; storm sewer <br />1 <br />