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<br />
<br />THIRD AMENDMENT
<br />
<br />This document (hereinafter, the Third Amendment), amends the non-continuous easement agreement
<br />(hereinafter, the Agreement) entered into on March 7, 2002 by and between the Department of Health &
<br />Human Services Regulation and Licensure (hereinafter, the Department) and the Game and Parks
<br />Commission (hereinafter, the "Commission").
<br />
<br />WHEREAS, The Commission is the owner in fee simple of certain property which is the subject of this
<br />easement. The commission desires to convey and Department desires to accept a non-cont!lliJous
<br />asement to construct water wells on test sites PER THIS AMENDMENT dated the,10~y of
<br />,2007 on that portion of the Property legally described as:
<br />(,
<br />WHEREAS, The SW VliSE VI NE VI, Section 20, Township 11 North, Range 10 west, Hall County
<br />Nebraska. Measuremen~s from 'the East Section line the area 660 feet to 1,320 and from the North section
<br />line of the Y2 Section the area 0 feet to 650 feet. This Non-Continuous Easement is bound by this area.
<br />
<br />
<br />WHEREAS, All of the provisions in the Original Non-Continuous Easement dated the Th of March, 2002
<br />that do not conflict with this AMENDMENT TO NON-CONTINUOUS EASEMENT AGREEMENT
<br />continue in full force and effect. This Amendment shall be attached to the Original NONCONTINUOUS
<br />EASEMENT AGREEMENT and incorporated as iffully set out by this reference.
<br />
<br />NOW, THEREFORE, the parties agree as follows:
<br />
<br />Section 1. General Provisions
<br />1.1 This Third Amendment becomes effective only upon the signing of all parties hereto.
<br />I .2 The Recitals set forth above are an integral part of this Third Amendment; therefore, they are
<br />hereby incorporated herein.
<br />1.3 The written Agreement, all attachments, any prior amendments, and this Third Amendment
<br />represent the entire agreement between the parties, and any prior or contemporaneous
<br />representations, promises, or statements by the parties, that are not incorporated herein, shall not
<br />serve to vary or contradict the terms set forth in the written agreement between the parties,
<br />
<br />Section 2. Amended Terms
<br />2.1 The parties herein agree that there shall be sixteen (16) additional wells with annular fill material.
<br />This shall be in addition to the sixteen (23) previously created wells,
<br />2.2 The parties agree that the non-continuous easement for the additional well added under Section
<br />2.1, above, shall be for a duration, not to exceed three (3) years, from the date of the signing of all
<br />parties hereto.
<br />2.3 The Department shall file a copy of this Third Amendment with the Hall County Recorder, within
<br />a reasonable amount of time, not to exceed forty-five (45) days.
<br />2.4 All other terms and conditions of said Agreement, not hereinafter modified or amended, shall
<br />remain in full force and effect.
<br />
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