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<br />UNDERGROUND FIBER OPTIC
<br />RIGHT-OF-WAY EASEMENT
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<br />Page 1 of2 i
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<br />KNOW ALL MEN BY THESE PRESENTS:
<br />
<br />That ~O ;- %> ~~ s:
<br />of ~_ County, Nebra, a, in consideration of $ - , receipt of which is hereby acknowledged, and the
<br />further payment of a sum to make total payment of $~ DO., and in consideration of the benefits to accrue to the easement
<br />hereinafter described from the installation of facilities to provide underground fiber optic service, the covenants, conditions and
<br />agreements herein contained, does hereby grant and convey unto Nebraska Public Power District, its lessees, successors and assigns,
<br />(hereinafter the District), the permanent right, privilege, and right-of-way easement to enter upon and to survey, construct, operate,
<br />maintain, inspect, repair, remove, alter, relocate and reconstruct its underground fiber optic facilities including all related equipment
<br />over, under, upon and across:
<br />
<br />An easement area being a strip of land over, under, upon and across a part of Lot Two (2), Mainland, and a part of
<br />Lot Three (3), Island, all being in Section Eleven (11), Township Ten (10) North, Range Ten (10) West of the 6th
<br />P.M., Hall County, Nebraska, described as: Beginning at the North Quarter (Nl/4) Section Comer of said Section
<br />Eleven (II); thence N89017'S4"W, along and upon the north line of said Lot Two (2), Mainland, a distance of Two
<br />Hundred Sixteen and Ninety Three Hundredths (2 I 6.93) feet; thence SOOOO I '27"E, a distance of Nine Hundred Forty
<br />Three (943.0) feet; thence S7s02S'4S"W, a distance of Three Hundred Four and Twenty One Hundredths (304.21)
<br />feet; thence SlOoOS'OS"W, a distance of Four Hundred Two and Seventy One Hundredths (402,71) feet; thence
<br />S240S8'SO"E, a distance of Two Hundred Fifteen and Eighty Six Hundredths (21S.86) feet to a point on the
<br />centerline of a Thirty (30.0) foot wide easement for road purposes; thence NSOoO 1'30"E, along and upon said
<br />roadway casement centerline, a distance of Six Hundred Twenty and Sixty Five Hundredths (620.6S) feet; thence
<br />NOOoSO'S3"E, a distance of Two Hundred Seventy Six and Thirty Eight Hundredths (276.38) feet; thence
<br />N790 I 6'03 "E, a distance of Eleven and Seventeen Hundredths (11.17) feet to a point on the east line of said Lot
<br />Three (3), Island; thence NOOoO ('27"W, alon:g'arid'upoinfie\VeSfJII1e. tlt ~a1d tot Three (3), Island and its northerly
<br />prolongation, a distance of Nine Hundred Thirty Om~ and Eighty Six ifIundredths (931.86) feet to the point of
<br />beginning. Said strip ofland, being the North :W!e~tof.t~,,~9ove4~~c.ribed'tract ofland, contains 0, IS acres, more
<br />or less.
<br />
<br />The actual location of the underground fiber optic facilities may deviate within said easement area.
<br />
<br />JOltED
<br />
<br />The District shan have the right to ingress and egress across and along the property within the easement area for any purpose in
<br />connection with its survey, construction, operation, maintenance, inspection, repair, removal, alteration, relocation and reconstmction
<br />of said underground fiber optic facilities and related equipment.
<br />
<br />The District shan have the right at any time to trim or remove such trees and underbrush as may in any way endangcr or interfere with
<br />the safe construction, operation, maintenance, alteration or reconstruction of its underground fiber optic facilities and equipment used
<br />in connection therewith.
<br />
<br />No buildings, structures, improvements or trees shall be located so as to interfere with said easement except by express written
<br />permission from the District. Grantor agrees to notify the District before doing any trenching, excavation, or other dirt work within
<br />said easement, other than normal farming operations such as plowing, seeding, cultivation, and harvesting of crops. The underground
<br />fiber optic line will be installed at a minimum of3 feet in depth.
<br />
<br />The District agrees to take all reasonable steps to restore, as nearly as possible, all property, which is damaged as a result of said
<br />sUlvey, construction, operation, maintenance, inspection, repair, removal, alteration, relocation or reconstruction, to the condition it
<br />was in prior to such activity, or to pay grantor for damages, if any. It is further agreed that all claims for such damages must be
<br />submitted to the District in writing within 90 days after such occurrence; otherwise, it is agreed that said claim for damages shan have
<br />be'~n waived.
<br />
<br />The District agrees that should the easement be abandoned for a period of five years, the easement hereby secured shall then cease and
<br />terminate, and this instrument shall be of no further force and effect.
<br />
<br />The undersigned agrees and represents that he or she has read and understands the foregoing and that this instmment contains all
<br />agreements and understandings between the parties and the undersigned has not relied on any promises, inducements, covenants, oral
<br />statements, or agreements of any kind or nature which are not expressly set forth herein.
<br />
<br />Effective this ~ day of ~6
<br />
<br />,2007.
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