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<br /> UNDERGROUND FIBER OPTIC
<br /> RIGHT-OF-WAY EASEMENT
<br />
<br />KNOW ALL MEN BY THESE PRESENTS:
<br />
<br />That -7Ae~ J? N/v~,J€L. G~~ft~ ..s:vW~
<br />
<br />of ~L- County, Nebraska, in consideration of $ - , receipt of which is hereby acknowledged, and the
<br />further payment of a sum to make total payment of $ ~ 0" , 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 />agrccmcnts 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 undcrground fibcr optic facilities including all related equipment
<br />over, under, upon and across:
<br />
<br />/D,6D
<br />
<br />An casement area being a strip of land over, under, upon and across a portion of a tract of land located in Lot One
<br />(I) and Two (2) Mainland, Section Eleven (11), and Lot Three (3) and Four (4) Island, Section Eleven, all in
<br />Township Ten (10) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, dcscribed as: Beginning at
<br />the Northwest Corner of Mainland Section 11, Township 10 North, Range lOWest; thence S 89014'00" E along the
<br />North Line of said Mainland Section II a distance of One Thousand Five Hundred Ninety-Three and Fourteen
<br />Hundredths (1593.14) Feet; thence S 0027'15" W a distance of Eight Hundred Fifty-Five and Thirty-Eight
<br />Hundredths (855.38) Feet; thence N 89037'00" W a distance of One Thousand Five Hundred Ninety-Two and Five
<br />Hundredths (1592.05) Feet to a Point on the West Line of the Northwest Quarter of said Mainland Section 11,
<br />thence N 0023'00" E along the West line of the Northwest Quarter of said Mainland Section II a distance of Eight
<br />Hundred Sixty-Six ad Four Hundredths (866.04) Feet to the point of beginning. Said strip ofland, being the North
<br />30 feet of the above described tract of land, contains 1.1 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, rcmoval, 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 interfcre with
<br />the safe construction, operation, maintcnance, alteration or reconstruction of its underground fibcr 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 exccpt by express written
<br />permission from the District. Grantor agrees to notify the District before doing any trcnching, excavation, or other dirt work within
<br />said easement, other than normal farming operations such as plowing, seeding, cultivation, and harvesting of crops. 'fhe underground
<br />fiber optic line will be installed at a minimum 01'3 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, opcration, maintcnance, 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 aftcr such occurrence; otherwise, it is agreed that said claim for damages shall havc
<br />bcen waived.
<br />
<br />The District agrees that should the easement be abandoned for a pcriod of five years, the easement hereby secured shall then cease and
<br />terminate, and this instrumcnt shall be of no further fc)rce 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 bctwecn the parties and the undersigned has not relied on any promises, inducements, covenants, oral
<br />statements, or agreemcnts of any kind or nature which are not expressly set forth herein.
<br />ST
<br />Effective this / - day of ...:;:r;..A-G ,2007.
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