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�t DEPARTMENT OF THE ARMY AMENDMENT NO.3 200708367 TO EASEMENT NO. DACA45 -2 -04 -6021 CORNHUSKER ARMY AMMUNITION PLANT HALL COUNTY, NEBRASKA WHEREAS, on the 26th day of July 2004, DTE Rail Services, Inc., a Michigan corporation, hereinafter referred to as the grantee, was granted Easement No. DACA45 -2 -04 -6021, a nonexclusive easement and right -of -way for the operation, repair, maintenance and replacement of certain grantee - owned railroad and spur tracks, hereinafter referred to as the facilities, over, across, in and upon the lands of the United States; and WHEREAS, Amendment Nos. 1 and 2 changed the consideration of the Easement to be paid in full for the term and extended the term until 30 September 2006; and WHEREAS, the government wishes to extend the term of a portion of the Easement over and across Tract 37, consisting of approximately 1,441 linear feet, more or less until 31 December 2006, due to the property being designated by the Hall County Board of Supervisors to be transferred to Southern Public Power District (SPPD) in early 2007; and WHEREAS, the grantee wishes to have 90 days after 31 December 2006 to remove said 1,441 linear feet, more or less of railroad and spur tracks and restore the premises, including but not limited to rough grading of the track roadbed and removal of any debris, all to be completed on or before 31 March 2007; and WHEREAS, the government wishes to terminate a portion of the Easement which lies over and across Tract 47 because Tract 47 has been designated by the Hall County Board of Supervisors to be transferred to Heritage, Disposal and Storage, LLC in September 2006; and WHEREAS, the grantee wishes to extend the term of the remaining Easement for one (1) additional year until 30 September 2007 with the current easement terms and conditions and at the same rate of $100 per month, but to be paid in full for the term of the Easement beginning 1 October 2006 and ending 30 September 2007, and it is in the best interest of the Government to amend the aforesaid Easement; NOW THEREFORE, in consideration of the premises, Easement No. DACA45 -2 -04 -6021 is amended in the following particulars, but in no others: a. Effective 30 September 2006, the term of a portion of the Easement area over Tract 37, as shown on Exhibits "A -1" and "A -2," attached hereto and made a part hereof, is extended for a period of three months beginning 1 October 2006 and ending 31 December 2006, but revocable at will by the Secretary. Removal of railroad and spur tracks, containing approximately 1,441.47 linear feet, located over and across Tract 37 as shown on Exhibits "A -1" and "A -2 ", and restoration of the premises, including but not limited to rough grading of the track roadbed and removal of any debris shall be completed on or before 31 March 2007. b. Effective 1 October 2006, the granting clause is amended by deleting a portion of the Easement area over and across Tract 47, as shown on Exhibit "A -1 ".