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<br />DEPARTMENT OF THE ARMY ...J:.~
<br />ASSIGNMENT OF EASEMENT INTERESTS FOR ACCESS ROADS AND RAILROAD
<br />FACILITIES AND BILL OF SALE FOR RAILS, TIES, BEDS AND BALLAST
<br />LOCATED ON
<br />CORNHUSKER ARMY AMMUNITION PLANT
<br />HALL COUNTY, NEBRASKA
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<br />WHEREAS, Section 2836(a) ofthe National Defense Authorization Act for Fiscal Year 1995
<br />(Public Law 103-337, 108 Stat 2663,3063) ("said Act"), authorized the Secretary of the Army to
<br />convey the property interests herein to the Hall County Board of Supervisors, or its designee; and
<br />
<br />WHEREAS, the said Board designated that the property interests to be conveyed herein be
<br />transferred to DTE Rail Services, Inc.; and
<br />
<br />WHEREAS, the assignee and its predecessors in interest have leased and occupied the
<br />Assigned Easements being assigned herein since September 1979 for access roads and railroad
<br />purposes; and
<br />
<br />WHEREAS, the assignee's use of the property will be in a manner consistent with the
<br />Cornhusker Army Ammunition Plant Reuse Committee Comprehensive Reuse Plan;
<br />
<br />NOW THEREFORE, THE SECRETARY OF THE ARMY under and by virtue of the
<br />authority vested in the Secretary and pursuant to the powers and authority contained in said Act,
<br />having found that the assignment of certain previously reserved easements interests will be in the public
<br />interest, hereby assigns to DTE Rail Services, Inc., a Michigan corporation, with its principal
<br />office located at 425 South Main Street, Ann Arbor, Michigan 48104, hereinafter referred to as
<br />the assignee, and its assigns, perpetual easements and rights-of-way 20 feet in width and 50 feet in
<br />width for access roads, and a right-of-way 30 feet in width, for the installation, operation, use, repair,
<br />replacement and maintenance of a railroad, railroad tracks, ballast and associated railroad facilities
<br />located on the Cornhusker Army Ammunition Plant, Nebraska, including all right, title and interest
<br />in and to all appurtenances, and conveys and sells rails, ties, beds and ballast, located thereon,
<br />hereinafter referred to as the facilities, that exists in, on, over, and across, the property which is
<br />identified in Exhibits "A" and "B", which are attached hereto and made a part hereof. The
<br />easements interests being assigned were reserved in a Quitclaim Deed (hereinafter referred to as the
<br />Assigned Easements) identified in Condition No. 17 herein. Assignee assumes all rights, duties,
<br />obligations and liabilities of the assignor, if any. Assignor makes no implied or express warranties or
<br />guarantees of any kind to the assignee and its assigns. Assignee accepts the Assigned Easements and
<br />Facilities located thereon in "as is", "where is" condition. This assignment is made without recourse;
<br />and
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