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<br /> i
<br /> UNDERGROUND FIBER OPTIC
<br /> RIGHT -OF- WAY EASEMENT
<br />
<br />
<br />
<br />KNOW ALL MEN BY THESE PRESENTS: I D' oS 0
<br />
<br />That Hle/.r>J f? AA/f? ~R~ U: &<;.qA4.4A./~~L/<;i~./1':;.'>U//~
<br />of .J//// J ~ County, Nebraska, in' consideraf n of $ . , receipt of which'is hereby acknowledged, and the
<br />further payment of a sum to make total payment of $ /~ , 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 portion of the Southwest Quarter of the
<br />Southeast Quarter, also described as Lot I on Mainland, in Section 2, Township 10 North, Range 10 West of the 6th
<br />P .M, Hall County, Nebraska, said strip of land is variable from 60 feet Ito 30 feet in width and more particularly
<br />described as follows: Beginning on the west line 60 feet north of the Southwest Comer of the Southwest Quarter of
<br />the Southeast Quarter of said Section 2; thence southeasterly to a location approximately 50 feet east of the west line
<br />and 40 feet north of the south line of the Southwest Quarter of the Southeast Quarter of said Section 2; thence
<br />easterly ending on the east line 30 feet north of the Southeast Comer of the Southwcst Quarter of the Southeast
<br />Quarter of said Section 2.
<br />
<br />The actual location of the underground fiber optic facilities may deviate within said casement area.
<br />
<br />The District shall 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 reconstruction
<br />of said underground fiber optic facilities and related equipment.
<br />
<br />The District shall have the right at any time to trim or remove such trees and underbrush as may in any way endanger 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 of 3 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 />survey, 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 shall have
<br />been 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 />tenninate, 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 instrument 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 \lIhich are not expressly set forth herein.
<br />
<br />Effective this S~ay of ~L ,2007.
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