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.. ~ '. . . . 200600528 AGREEMENT AND DECLARATION OF COVENANTS. RESTRICTIONS AND CONDITIONS This Agreement and Declaration (this "Agreement"), dated December 17, 2002, is between DTE Rail Services, Inc., a Michigan corporation ("DTERS") and the County of Hall, a political subdivision of the State of Nebraska (the "County"). RECITALS A. Pursuant to Public Law 103-337, Section 2836 and Resolution Number 98-0030B (the "Resolution") of the Hall County Board of Supervisors (the "Board"), DTERS is the designated transferee from the Department of Defense of certain designated tracts, rail easements and railroad track (the "DTERS Designated Property") located in the Cornhusker Army Ammunition Plant ("CAAP") and more particularly described in the Resolution which includes the North-Sou;th Rail Line, as defined below and described in Exhibit A attached hereto. A Legal description of the CAAP is attached hereto as Exhibit B. B. Pursuant to the Resolution, DTERS is required to enter into an agreement with the County of Hall incorporating certain conditions, restrictions and covenants contained in the Resolution. C. Pursuant to Public Law 103-337, Section 2836 and Resolution Number 02-0030a of the Board, Nebraska Public Power District, a public corporation and political subdivision of the State of Nebraska ("NPPD") is the designated transferee from the DOD of certain other designated tracts described (subject to final deed) in Exhibit C attached hereto (the "NPPD Designated Property") located in the CAAP. D. This Agreement sets forth the conditions, covenants and restrictions agreed to and declared by DTERS and accepted by the County in complete satisfaction of the requirements of Paragraph 2 of the Resolution, as the same may be amended. AGREEMENT AND DECLARATIONS DTERS hereby declares, and DTERS and the County hereby agree as follows: 1. Private Rail Crossings DTERS agrees to grant easements and/or rights-of-way, without charge or compensation therefor, for necessary private crossings of roads over DTERS' railroad easements and track to owners of parcels located in the CAAP whose property is divided by such easements and track. The grantee of such private crossings shall bear all costs of construction and maintenance of such crossings and shall comply, at its sole expense, with all applicable federal, state, local and industry association, laws, rules, regulations, standards and guidelines; provided, however, any construction or maintenance of such crossings shall not interfere with the operation of the North- South Rail Line. In the event such crossings are requested, the requesting party shall provide DTERS with reasonable prior notice of any proposed crossing and the parties shall cooperate to minimize disruption to the use of the North-South Rail Line. 2. Public Rail Crossings EXHIBIT ~ ATTACHED TO AND MADE A PART OF ASSIGNMENT OF EASEMENT