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F <br />I Do � <br />u . � t <br />.►_ •. <br />WHEREAS, GLC, INC., a Nebraska Corporation, hereinafter <br />referred to as "GLC ", is the owner of a tract of land located in <br />the East Half of the Northeast Quarter (E1 /2NE1 /4) of Section <br />Twenty -Three (23), Township Eleven (11) North, Range Nine (9) <br />West of the 6th P.M., Hall County, Nebraska, more particularly , <br />described on Exhibit "A ", attached hereto and made a part <br />and <br />WHEREAS, MIDLAND AG SERVICE, INC., hereinafter referred to <br />as "MIDLAND ", is the owner of a tract of land located in the East <br />Half of the Northeast Quarter (E1 /2NE1/4) of Section Twenty -Three <br />(23), Township Eleven (11) North, Range Nine (9) West of the 6th <br />Exhibita"B ", attached bhereto and emade tac part lhereof, l on <br />and <br />E <br />WHEREAS, GLC's predecessor in title, WILLIAM J. GERHbeDaand <br />JAMES S. GERHOLD, hereinafter referred to as "GERHOLDS ", <br />owners of the tract described in Exhibit "A" by virtue of a <br />Warranty Deed dated November 5, 1975, and recorded November 5, <br />1975, in Book 180, Page 187 in the Office of the Register of <br />Deeds of Hall County, Nebraska. The conveyance of the property <br />described in Exhibit "A" to the Gerholds additionallygr <br />Gerholds, their heirs, successors and assigns, a perpetual <br />Easement over and across the property described in Exhibit "B ", <br />as more fully shown on Exhibit "C ", attached hereto and made a <br />part hereof, and <br />WHEREAS, GLC granted to Norwest Bank Nebraska, N.A., dated Deed <br />of Trust to the property described above in Exhibit "A", the <br />officeeof3 the lRegister ofcDeeds of Hall m County, Nebraska, and <br />and <br />WHEREAS, GLC has not used the Easement, as shown on Exhibit <br />for access to its property, but has, rather, beee1tpermitted <br />to use an existing roadway as its access to its property, and <br />WHEREAS, in consideration of the parties' desire to reach an <br />agreement with respect to the continued use of the Easement as <br />shown on Exhibit "C ", Midland and GLC mutually covenant and agree <br />as follows: <br />1. GLC, its successors, assigns and related operating <br />companies, shall be permitted the continued use of the existing <br />roadway as a means of access to its property as described on <br />attached Exhibit "A ". Said road use shall be for normal business <br />purposes and for the transportation of material, equipment and <br />related items. <br />J <br />