200611329 - Laserfiche WebLink

Browse

f'0 lSl lSl (J') --lo. --lo. W f'0 co After recording, return to: Steven P. Case McGrath North Mullin & Kratz, PC LLO Suite 3700, 1601 Dodge Street Omaha, NE 68102 ;lO m .." c: ~~~ R:c Q~ mCh n::l: A ,- > . . ("") C" ~ C) ._, C) C-.: 1:.. [ -.. -, r'0 ---1 r"'!' 1 -<' C.::) I': ~.,) ~'. ~ C) 0: ""'I' cn ,ow" ~--> r , f----l. ~~ '. c.,) r. ---- '-~ f'..) en CD (/) ~ '- , ""'''''.'~ r" i <~'" r-.,:.:...1 ;"'1 C";) I., i 1'.) rv r'lA>CJA \:.) ...J ~ FJ ~' r- z...f::~ r.'\~ ~" .,:.--1 ("=-1 I:lO .1:: _.. {t. f '" ~ g,1 WATER RIGHTS DEED AND ~ ~. DECLARATION OF RESTRICTIVE COVENANTS AND EASEMENTS ...., t -n :3 (..'J ',' (, I"> " ~-. r,,) !') CD ';SBRASKA DOCUMENTARY /d ST...\M? fAX ~~~~~d-- ;; /::; p.y ...........~~- &0.. 50 This Water Rights Deed and Dec1aration of Restrictive Covenants and Easements (the "Deed and Declaration") is made this ~ day of DeLe..-" k..-- ,2006 and between ROZELLA M. LEISINGER and RICHARD K. LEISINGER as fee simple owners and ROZELLA M. LEISINGER, as the holder of a life estate (together, "Grantors") and PIONEER TRAIL ENERGY, LLC, a Delaware limited liability company ("Grantee"). WHEREAS, Grantors own that certain real estate described as Tract A and Tract B situated in the County of Buffalo, State of Nebraska, and legally described in Exhibit A attaehcd hereto and incorporated by reference herein, together with all of the .improvemcnts and appurtcnanecs thcreunto bclonging, if any (collectively, hereinafter referred to as the "Leisinger Property"); and WHEREAS, Grantee (a) owns fee simple title to that certain real estate described as Tract 1 and Tract 2 and (b) holds a leasehold interest in that ccrtain real estate described as Tract 3, all situated in the County of Hall, State of Nebraska, and legally described on Exhibit B attached hereto and incorporated by reference herein, together with all of the improvements and appurtenances thereunto belonging, upon which Grantee will operate an ethanol plant (collectively, the "Ethanol Plant Property"); and WHEREAS, the Grantors have agreed to transfer to Grantee all of their right, title and interest in and to all ground water and surface water rights located on, appurtenant to or used in connection with Tract B of the Leisinger Property; and WHEREAS, because such water rights are an integral part of the operation of the ethano I plant on the Ethanol Plant Property, the Grantee has requested the Grantors to cxecute this Deed and Declaration, and the Grantors have agreed to execute this Deed and Declaration.