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<br />200315854
<br />PIVOT EASEMENT
<br />Recitation of Facts:
<br />This Pivot Easement is being established pursuant to a Purchase Agreement dated
<br />September 28, 2003, between Ronald Toben and Vivian Toben, Sellers, and Joe E. Hurd
<br />and Linda Hurd, Buyers, for a rural acreage subsequently platted and recorded as the
<br />"Toben Subdivision," in the office of the Hall County Register of Deeds.
<br />At the time of executing the contract for the sale and purchase of the Toben
<br />Subdivision, both the Buyers and the Sellers were aware of an encroachment caused by
<br />the center pivot irrigation system across the northeast corner of the Toben Subdivision.
<br />The encroachment occurred when the last set of pivot wheels and approximately sixty
<br />feet of the end boom of the pivot crossed the northeast corner of the Toben Subdivision.
<br />Further, both parties agreed that an easement allowing the pivot to operate in a full 360
<br />degree circle on the adjacent farmland owned by the Toben's would be executed and filed
<br />on record.
<br />Easement Grant:
<br />Pursuant to the Purchase Agreement mentioned above, the "Hurd's," as the Buyers
<br />of the "Toben Subdivision," and now as Grantors, hereby grant to the " Toben's," and all
<br />subsequent owners of interest in the farmland located in the Northwest Quarter of Section
<br />Twenty -Five (25), Township Nine (9) North, Range Ten (10) West of the 6th P.M. in Hall
<br />County, (excluding the Toben Subdivision), the right to operate a 360 degree center pivot
<br />irrigation system across the Toben Subdivision. Such encroachment shall not include
<br />more than one set of pivot tracks, nor more than sixty feet of the end boom of the center
<br />pivot. Further, the "Hurd's," and any future owners or residents of the Toben Subdivision,
<br />agree not obstruct the path of the center pivot across the northeast corner of the Toben
<br />Subdivision, nor encumber the pivot in any way from running in a full 360 degree circle
<br />across either the Toben Subdivision, or the adjacent farmland owned by the " Toben's."
<br />This easement is granted by the "Hurd's," to the " Toben's" and all future owners of
<br />interest in the farmland described above, and their assigns including any tenant farmers.
<br />This easement shall be in perpetuity, or so long as the adjacent farmland, described above,
<br />is used for farming and a center pivot system is needed to irrigate the land, whether by the
<br />" Toben's," or any subsequent owners of interest in the land, including tenant farmers.
<br />DA ED THIS DAY OF DECEMBER, 2003.
<br />F Zv-v// <�( w. A c,,
<br />Aoe E. Hurd, Grantor Linda Hurd, Grantor
<br />STATE OF NEBRASKA )
<br />COUNTY OF i S ) ss:
<br />The foregoing instrument was
<br />2003, by jeF i_ 9Ya4
<br />GENERAL NOTARY-State Nebraska
<br />ICI MARILYN D. STI C!<ELS
<br />My Comm. Exp. Jan. 19, 2004
<br />before me.this d" day of
<br />Notary Public
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<br />PIVOT EASEMENT
<br />Recitation of Facts:
<br />This Pivot Easement is being established pursuant to a Purchase Agreement dated
<br />September 28, 2003, between Ronald Toben and Vivian Toben, Sellers, and Joe E. Hurd
<br />and Linda Hurd, Buyers, for a rural acreage subsequently platted and recorded as the
<br />"Toben Subdivision," in the office of the Hall County Register of Deeds.
<br />At the time of executing the contract for the sale and purchase of the Toben
<br />Subdivision, both the Buyers and the Sellers were aware of an encroachment caused by
<br />the center pivot irrigation system across the northeast corner of the Toben Subdivision.
<br />The encroachment occurred when the last set of pivot wheels and approximately sixty
<br />feet of the end boom of the pivot crossed the northeast corner of the Toben Subdivision.
<br />Further, both parties agreed that an easement allowing the pivot to operate in a full 360
<br />degree circle on the adjacent farmland owned by the Toben's would be executed and filed
<br />on record.
<br />Easement Grant:
<br />Pursuant to the Purchase Agreement mentioned above, the "Hurd's," as the Buyers
<br />of the "Toben Subdivision," and now as Grantors, hereby grant to the " Toben's," and all
<br />subsequent owners of interest in the farmland located in the Northwest Quarter of Section
<br />Twenty -Five (25), Township Nine (9) North, Range Ten (10) West of the 6th P.M. in Hall
<br />County, (excluding the Toben Subdivision), the right to operate a 360 degree center pivot
<br />irrigation system across the Toben Subdivision. Such encroachment shall not include
<br />more than one set of pivot tracks, nor more than sixty feet of the end boom of the center
<br />pivot. Further, the "Hurd's," and any future owners or residents of the Toben Subdivision,
<br />agree not obstruct the path of the center pivot across the northeast corner of the Toben
<br />Subdivision, nor encumber the pivot in any way from running in a full 360 degree circle
<br />across either the Toben Subdivision, or the adjacent farmland owned by the " Toben's."
<br />This easement is granted by the "Hurd's," to the " Toben's" and all future owners of
<br />interest in the farmland described above, and their assigns including any tenant farmers.
<br />This easement shall be in perpetuity, or so long as the adjacent farmland, described above,
<br />is used for farming and a center pivot system is needed to irrigate the land, whether by the
<br />" Toben's," or any subsequent owners of interest in the land, including tenant farmers.
<br />DA ED THIS DAY OF DECEMBER, 2003.
<br />F Zv-v// <�( w. A c,,
<br />Aoe E. Hurd, Grantor Linda Hurd, Grantor
<br />STATE OF NEBRASKA )
<br />COUNTY OF i S ) ss:
<br />The foregoing instrument was
<br />2003, by jeF i_ 9Ya4
<br />GENERAL NOTARY-State Nebraska
<br />ICI MARILYN D. STI C!<ELS
<br />My Comm. Exp. Jan. 19, 2004
<br />before me.this d" day of
<br />Notary Public
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