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P 10 QA(", m ,.. -n c: men\,. N li n:I: is n Z " IS n 0 Q') :J: "-';> ~I is ~ m ~ ~ = ocn n =:> <.n ~ c:r.> o -i ....... " ::c ~~ c:J>. <.n '':''- z-i -....J ::0 ~' c:::: -1m 0' ~~:.. z -<0 0 0" oit .." CD ""'z ~I 0 ~ ::I:rr1 rrl t ::n :t>CU f"T1 ::3 r- ::u 1::1 r :t> (/l ....... (Il CJl ::><; :t> U1 ................ Ul en ~2 en 0 -THIS SPACE RESERVED FOR REGISTER OF DEEDS- --.) DECLARATION OF ACCESS EASEMENT '-1 t/t.- THIS D,ECLARA TION OF ACCESS EASEMENT is made as of the -l-- day of , 006, by 281 & Old Potash LLC, a Nebraska limited liability company, whose Cl ess is c/o Edgemark Development LLC, 410 Seventeenth Street, Suite 1705, Denver, orado 80202 ("Declarant"). c. .-' ,- WHEREAS, Declarant owns fee title to Lots 1 and 2, Martin's Sixth Subdivision, County of Hall, State of Nebraska (the "Property"), and desires to create and establish a non-exclusive access easement over and across a portion of said Property for the purpose of creating a driveway area for access, ingress and egress to, from and across said Property and to and from the public road adjoining the Property; and WHEREAS, Declarant intends to develop the Property as an integrated retail project to be served by the common shared access driveway and desires to subject and place upon the Property certain covenants, easements, and obligations pertaining to the common shared driveway for the purpose of protecting the value and desirability of the Property, ensuring access thereto, and for the purpose of furthering a plan for the improvement, sale and ownership of Property, to the end that harmonious and complementary development of the Property may be accomplished and the health, comfort, safety, convenience and general welfare of owners in the Property, or any portion thereof, may be promoted and safe-guarded. NOW, THEREFORE, for and in consideration of the foregoing described benefits accruing to the Property, Declarant hereby declares and creates for the benefit of the Property the following easement: 1. Grant of Easement. Subject to the terms, covenants, agreements and conditions of this Access Easement, Declarant does hereby declare, establish, create, reserve and grant a non- exclusive easement (the "Easement") across that portion of the Property more particularly {31858.4.5/22/20lXi 10:57 AMJEPE.A0223863.DOC;4}