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<br />Surface Easement
<br />(Meter & Regulator)
<br />\::J........
<br />The undersigned (hereinafter referred to in the singular as GRANTOR, whether one or more), the owner of the ~
<br />real estate herein described, for valuable consideration received the receipt and sufficiency of which is hereby
<br />acknowledged, does hereby grant, bargain, sell and convey unto KINDER MORGAN INTERSTATE GAS
<br />TRANSMISSION LLC, a Colorado Limited Liability Company, whose post office address is 370 Van Gordon street,
<br />P.O. Box 281304, Lakewood, Colorado 80228-8304 and PIONEER TRAIL ENERGY, LLC, a Delaware Limited
<br />Liability Company, whose post office address is 7878 South 140th Road, Wood River, Nebraska, 68883. their
<br />successors and assigns, (hereinafter referred to as GRANTEES), an easement in and to the tract of land hereinafter
<br />described for the exclusive use and occupancy thereof for the purpose of erecting and constructing thereon, and
<br />thereafter maintaining, operating, altering, repairing and removing a meter and regulator station and all appurtenances
<br />and equipment used, useful, or convenient in connection therewith, said tract of land being in the Southwest Quarter of
<br />the Southwest Quarter of Section 6, Township 11 North, Range 11 West of the 6th Principal Meridian, Hall County,
<br />Nebraska more particularly described as follows:
<br />
<br />Commencing at the Southwest corner of said Southwest Quarter of Section 6; thence North 00000'00" East (bearing
<br />assumed and all of the following bearings referenced there from) along the West line of said Southwest Quarter of Section
<br />6, distance 447.90 feet; thence North 90000'00" East, distance 50.00 feet to the East right of way line of State Highway
<br />number 11 (eleven) to the point of beginning; thence continuing North 90000'00" East, distance 50.00 feet; thence South
<br />00000'00" West, distance 200.00 feet; thence South 90000'00" West, distance 50.00 feet to the said East right of way line
<br />of State highway number 11 (eleven); thence North 00000'00" East along the said East right of way line of State highway
<br />Number 11 (eleven) distance 200.00 feet to the point of beginning, said tract containing 0.230 acres more or less.
<br />
<br />together with the rights of ingress and egress thereto across adjacent lands of Grantor at convenient points for the
<br />enjoyment of the uses, rights and privileges aforesaid; hereby releasing and waiving all rights under and by virtue of any
<br />applicable homestead exemption laws.
<br />Grantees shall have the right to fence and enclose the above described tract of land within a single fence or to
<br />fence any of the facilities installed thereon in separate enclosures, and all other rights and benefits necessary or
<br />convenient for the full enjoyment and use thereof, including, but not by way of limitation, the right to erect a building or
<br />buildings and radio facilities thereon, the right to install pipelines, valves, conduits and meter runs above and below the
<br />surface thereof, Grantees having the right to select the route or location thereof, and the right, from time to time, to cut
<br />and remove all trees, undergrowth, and other obstructions, whether on the above described tract of land or adjacent
<br />thereto, which may injure, endanger or interfere with the rights herein granted, but Grantees shall pay to the then owners
<br />of said land as their interests may appear, the reasonable value of any trees, undergrowth, or other obstructions cut or
<br />removed from any area adjacent to the above described tract of land.
<br />TO HAVE AND TO HOLD said rights, privileges and easements unto Grantees, its successors and assigns, until
<br />a meter station or other facility of Grantees be constructed thereon, and so long thereafter as a meter station or other
<br />facility of Grantees may be maintained thereon, and Grantors bind themselves, their successors and assigns, against
<br />every person whosoever lawfully claiming, or to claim the same, or any part thereof.
<br />It is mutually understood and agreed that the person securing this Surface Easement is without authority from
<br />Grantees to make any agreement in respect of the subject matter hereof not herein expressed, and that the rights and
<br />interest of Grantees hereunder may be assigned in whole or in part.
<br />If any part, term or provision of this agreement is, by a court of competent jurisdiction or regulatory authority
<br />having jurisdiction over said tract of land, held to be illegal, void, or unenforceable, or to be in conflict with the law of the
<br />state of Nebraska, the validity of the remaining provisions or portion hereof shall not be affected, and the rights and
<br />obligations of the parties shall be construed and enforced as if this agreement did not contain the particular part, term, or
<br />provision held to be invalid.
<br />This agreement together with exhibits incorporated herein by reference, if any, embodies the whole agreement of
<br />the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this
<br />agreement shall supersede all previous communications, representations, or agreements, either verbal or written,
<br />between the parties.
<br />
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