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200709942 \..Q 8-4-20001\i. Page 2 01'3 The District shall havc the right at any time to trim or remove such trees and underbrush as may in any way endanger or interfere with the safe construction, operation, maintenance, alteration or reconstruction of its underground fiber optic facilities and equipment used in connection therewith. No buildings, stmctures, improvements or trees shall bc located so as to interfere with said easement cxcept by express written permission trom the District. Grantor agrees to notify the District before doing any trenching, excavation, or other dirt work within said easement, other than normal tarming operations such as plowing, seeding, cultivation, and harvesting of crops. The underground fiber optic line will be installed at a minimum of 3 feet in depth. The District agrees to take all reasonable steps to restore, as nearly as possible, all property, which is damaged as a result of said survey, construction, operation, maintenance, inspection, repair, removal, alteration, relocation or reconstmction, to the condition it was in prior to such activity, or to pay grantor tl.)r damages, if any. It is further agreed that all claims for such damages must be submitted to the District in writing within 90 days aftcr such occurrence; otherwise, it is agreed that said claim for damages shall have been waivcd. The District agrees that should the casement be abandoned for a period of five years, the easement hereby secured shall then cease and terminate, and this instrument shall be of no further torce and effect. The undersigned agrees and represents that he or she has read and understands the foregoing and that this instmment contains all agreements and understandings bctween the parties and the undersigned has not relied on any promises, inducements, covenants, oral statements, or agreements of any kind or nature which are not expressly set forth hereh. Effective this 3/if? day of,d;;e:/L. ,2007. Q~ 1Jtj;l~ ~GNATURE 'v 'd~ STATE OF NEBRASKA COUNTY OF ~ ) ) 55. ) The foregoing instrument was acknowledged before me this 3 J?:9 day of ~,,,'>L- , 2007_ by !?aP<//sUJPJP t;:,:U,vA/. ffib~?.? P~l7 .~"tM'l~ / ~ GENERAl. NOTARY . State of Nebraska ~~ ~ I R.E. DAVIES, m / / ~ My Comm. Exp, Aug. 5, 2009 .:> <> Notciry Public / 77Z SIGNATURE SIGNATURE ST ATE OF NEBRASKA COUNTY OF ) ) ss. ) The tore going instmmcnt was acknowledged before me this day of ,2007_ by Notary Public