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<br />..... ~ <br /> <br />]~IGI-lT -O~"'- WAY GIL\Nl"' <br />Kinder Morgan, Inc. <br /> <br />200600021 <br /> <br />KNOW ALL MEN BY TIIESE PRESENl'S: <br /> <br />That, Gordon Graf and Sally Graf, husband and wife, Shannon Graf and Jaci Graf, husband and wife, <br />Tom Johnson and Sharon Johnson, formcrly known as Sharon Graf, husband and wife and Larry <br />Beukcnhorst and Tamara Beukenhorst, formerly known as Tamara {;raf, husband and wife whose address <br />is 3463 West Lepill Road, lJoniphall, Nebraska 68832 of the County of Hall and State of Nebraska ("Grantors"), for themselves, <br />their heirs, successors, or assigns, lor and in consideration of the sum of Five Dollars ($5,00), the receipt and adequacy of which is <br />hereby acknowledged, do hereby grant, convey and confirm unto, Kinder Morgan, Inc., a Kansas corporation, whose <br />address is POBox 281304, Lakewood, CO 80228-8304, its successors and assigns (collectively, "Grantee"), the right-or-way and <br />easement to survey, construct, install, inspect, maintain, renew, repair, remove, replace and operate a pipeline and appurtenances <br />thereto, for the transportation of natural gas, gasoiine, oil, petroleum products, or any other substance which can be transported by <br />pipeline, in, on, over, under, upon and through the following-described lands situated in the County of Hall and State of Nebraska, to <br />wit: <br /> <br />TOWNSHIP 9 NORTII- RANGE 10 WEST. 6th P.M. <br />SECTION 13: The north Fifty (50') Feet of the SE/4 <br /> <br />TO HAVE AND TO HOLD said right-of-way and easement unto Grantee so long as such pipeline and appurtenances, or any part <br />thereof, shall be lnaintained, together with the right of ingress to and egress from said lands for the purposes herein stated at will of <br />Grantee. Grantor retains the right to use and enjoy said lands, subject only to the right of Grantee to use the same for the purposes <br />herein expressed, <br /> <br />Grantee agrees to lay all pipe hereunder at a suflicient depth to avoid interfering with cultivation of the soil, and to pay Grantor lor <br />damages to growing crops, fences or other improvements which may arise from the operations of Grantee, Any such damage, if not <br />mutually agreed upon, shall be ascertained and determined by three disinterested persons, one appointed by Grantor, one by Grantee <br />and the third chosen by the two so appointed. The written award of a majority of such three persons shall be final and conclusive upon <br />the parties hereto. <br /> <br />It is agreed by Grantor that any payment of consideration due under the terms hereof may be made jointly to Grantor and any <br />mortgagees of record at the time such payment becomes due. <br /> <br />IN WITNESS WHEREOF, Grantor has hereunto set its hand this <br /> <br />7~ &. ...._ day of___~_kiillo~ <br /> <br />2005. <br /> <br />WITNESS: <br /> <br />By: <br /> <br />Gordon Graf <br /> <br />WITNESS: <br /> <br />By: <br /> <br />Sally G raf . <br /> <br />WITNESS: <br /> <br />By: <br /> <br />Tom Johnson <br /> <br />WITNESS: <br /> <br />By: <br /> <br />Sharon Johnson <br /> <br />WITNESS: <br /> <br />By: <br /> <br />Shannon Graf <br /> <br />WITNESS: <br /> <br />By: <br /> <br />W~SS: <br />, .' ~~A/!>>~ cY/2 i*f-t',Yi> <br />WI'I~c~ (1 ~ <br /> <br /> <br />(over) <br /> <br />AFE # 27816~3760-999-999 <br />