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NOTICE 200609534 TO: Southern Public Power District P.O. Box 1687 Grand Island, NE 68802-1687 Notice is hereby given that David W. Thorn and Janis M. Thorn ("the Thoms") and Platte River Mallard Haven, Inc., a Nebraska corporation, ("Mallard Haven") have entered into an Electric Service License and Right of First Refusal ("the License") in the form attached hereto and incorporated herein by reference. Thoms and Mallard Haven grant to Southern Public Power District ("Southern") the reasonable access and right to enter upon the Thorn Property as described in the License at any and all times necessary or required to place, lay, operate, inspect, maintain, repair, replace and remove the underground electric supply line situated under and across the Thorn Property as described in the Licensesubjee-t tothe.understanding that Southern shall charge such costs as determined by Southern for services by Southern. Thoms and Mallard Haven further direct Southern to interrupt electric service to the Mallard Haven Property as described in the License through the underground supply line described in the License upon receipt of the written verified notice described in Paragraph 3.D. of the License. Thorns agree to deliver a copy of the written verified notice described in Paragraph 3.D. of the License to the President of Southern. Southern shall have no obligation to verify the accuracy of any information in the written verified notice described in Paragraph 3.D. of the License and may rely conclusively on the written verified notice described in Paragraph 3.D. ofthe License in interrupting electric service to the Mallard Haven Property as described in the License through the underground supply line described in the License. Thoms and Mallard Haven unconditionally release Southern from any damages, losses, causes of action and other claims whatsoever arising out of or related to the interruption of electric service by Southern or the failure to interrupt electric service by Southern under the License. Thorns further indemnify and hold Southern harmless from any damages, losses, causes of action and other claims whatsoever arising out of or related to the interruption of electric service by Southern as a result of the receipt ofthe written verified notice from Thorns described in Paragraph 3.D. of the License. Thorns and Mallard Haven acknowledge that, in the event of the interruption of electric service by Southern consistent with the terms of the License, Mallard Haven shall have the right to apply to Southern for electric service, subject to Mallard Haven paying such costs as determined by Southern for providing such electric service, consistent with NEB. REV. ST AT. 970-1017 or other applicable statutes of the State of Nebraska and that Southern shall have such rights and duties as provided in the Statutes of the State of Nebraska or otherwise including, but not limited to, the authority to acquire right-of-way consistent with NEB. REV. STAT. 970-301 or other applicable statutes of the State of Nebraska. It is agreed that no amendment or amendments to the License shall be have any effect on the terms and conditions of this Notice and that Southern may rely on the terms and conditions of this Notice except as otherwise specifically agreed in writing by Southern. This Notice is binding on all successors and assigns of Thorns and Mallard Haven.