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<br />
<br />
<br />
<br />UNDERGROUND FIBER OPTIC
<br />RIGHT-OF-WAY EASEMENT
<br />
<br />KNOW ALL MEN BY THESE PRESENTS:
<br />
<br />10> 50
<br />
<br />
<br />That
<br />of _ County, Nebraska, in consideration 0($ , receipt ofwhich.ffihereby acknowledged, and the
<br />further payment of a sum to make total payment of $ /cz;?,. ~ ,and in consideration of the benefits to accrue to the easement
<br />hereinafter described fr~m the installation of facilities to pro1ide underground fiber opti~ s~rvice, the covenants, conditions. and
<br />agreements herem contamed, does hereby grant and convey untO-Nebraska Pubhc Power Dlstnct, 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 ofland over, under, upon and across a portion of Lot Two (2) Island, and that part of Lot
<br />Two (2), Mainland lying East of the Half Section Line and being all of the Northwest Quarter of the Northeast Quarter
<br />(NW'!' NEV.) in Section Eleven (II), Township Ten (10), North, Range Ten (10), West of the 6th P.M., Hall
<br />County, Nebraska. Said strip ofland being the West 100 feet of the North 30 feet of the Northwest Quarter of the
<br />Northeast Quarter of said Section 11, contains 0.07 acres, more or less.
<br />
<br />The actual location of the underground fiber optic facilities may deviate within said easement 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 an~ 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 />b~en 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 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 which are not expressly set forth herein.
<br />
<br />Effective this
<br />
<br />/$1" -
<br />- day of ~~
<br />.. ---
<br />
<br />,2007.
<br />
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