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<br />200609534 <br /> <br />This license is granted to Mallard Haven, its successors and assigns, and shall be a <br />perpetual non-exclusive license, subject to interruption or revocation as <br />hereinafter provided. <br /> <br />Thoms hereby grant to Southern Public Power District, a Public Corporation, or <br />any other provider of electric service through such underground supply line, <br />reasonable access and right to enter upon the Thorn Property at any and all times <br />necessary or required to place, lay, operate, inspect, maintain, repair, replace and <br />remove the underground electric supply line situated under and across the Thorn <br />Property . <br /> <br />2. Electric Supply Line Conditions: This license IS subject to the following <br />conditions: <br /> <br />A. Mallard Haven shall be solely responsible for the costs of installing, <br />maintaining, repairing or replacing the electric service line under and <br />across the Thom Property. <br /> <br />B. Mallard Haven acknowledges and recognizes that the Thorn Property was <br />acquired for and is being utilized by the Thoms for its secluded, private, <br />isolated, quiet environment giving the Thoms the opportunity to <br />experience nature, the environment, the Platte River experience and the <br />pursuit and enjoyment of family living free from interference by other <br />persons and developments, including the potential interference by the <br />owners and users of the Mallard Haven Property after such property <br />obtains electric service by reason of this license agreement. Mallard <br />Haven acknowledges these concerns and recognizes and agrees that the <br />following limitations constitute the primary consideration for and the <br />inducement to Thoms in granting this license, and but for the following <br />terms and conditions, this license agreement would not have been granted: <br /> <br />1. The electric service line shall be trenched underground across the <br />Thorn Property to the Mallard Haven Property, and no power poles <br />or other above ground delivery system shall be installed or utilized <br />on the Thorn Property or the Mallard Haven Property for delivery <br />and use of electric service on the Mallard Haven Property, <br />EXCEPT transformers or other units required to be installed and <br />utilized only above ground. <br /> <br />11. No outdoor light greater than 200 watts shall be used, maintained, <br />installed or allowed on the Mallard Haven Property at any time <br />whatsoever. Mallard Haven acknowledges and agrees that minimal <br />light pollution is a part of the consideration for this license <br />agreement. <br /> <br />111. Any outdoor lighting shall be shielded and hooded to the greatest <br />extent possible to minimize the observation of such external <br />lighting from the Thorn Property. <br /> <br />Page 2 of6 <br />