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<br />KNOW ALL MEN BY THESE PRESENTS:
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<br />of" County, Nebraska~ in considenHion of $" , receipt of which is herebyacknowiedged,'and- the
<br />further payment of a sum to make total payment of $ ~ 01>, and in consideration of the benefits to accrue to the casement
<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:
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<br />UNDERGROUND FIBER OPTIC
<br />RIGHT-OF-WAY EASEMENT
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<br />An easement area being a strip of land over, under, upon and across a portion of a tract of land located in Lot 2
<br />Mainland, and Lot 3 Island, Section 11, Township 10 North, Range 1O'West Qfthe 6th'PJ;f., Hall County, Nebraska,
<br />described as: Commencing at the Nl/4 comer of Mainhmd, thence North 890"14'00" West along the North line of
<br />said Mainland a distance of 575.05 feet to the point ~(K'e.ginnhi'g, tl@tC~~9.llrP.Ooo'27' IS" West a distance of
<br />1693.03 feet to the center line ofa 30.00 foot wide easement for roadway purposes, thence South 500 01' 30" West
<br />along the center line of said 30.00 foot easement a distance of 605.28 feet, thence North 000 27' 15" East a distance
<br />of 2088.07 feet to a point on the North line of said Mainland, thence South 890 J 4' 00" East along the North line a
<br />distance of 460.75 feet to the point of beginning; AND, Commencing at the Southwest comer ofIsland, thence North
<br />2082.07 feet along the West line of Section 11 to a point, thence along the center line of a 30.00 foot wide easement
<br />for road purposes the following courses and distances: North 72030' East 500.55 feet, thence
<br />North 50001' 30" East 2061.92 feet to a point, thence leaving said center line of easement across Island and
<br />Mainland North 000 27' 15" East 1693.03 feet to the North line of Mainland, thence South 890 14' East along the
<br />North line of said Mainland 575.05 feet to the prolongation of the North-South center line of Island, thence South .
<br />00027' 15" West across Mainland and Island, thence South 00027' IS" West across along said center line 937.97
<br />feet, thence South 89032' 45" East 10.00 feet, thence South 00027' IS" West 270.52 feet to the center line of said
<br />30.00 foot wide easement for road purposes, thence South 500 0 I' 30" West along the center line of easement 741.03
<br />feet to the point of beginning, excepting a tract more particularly described in Warranty Deed recorded as Document
<br />No. 81-000012 in the Register of Deeds Office, Hall County, Nebraska. Said strip of land is 30.00 feet in width,
<br />being 30.00 feet south of and parallel to a reference line (said reference line being coincident with a portion of the
<br />North line of the Mainland and the North line of said Section 11), the reference line is described as follows:
<br />Referring to the North Quarter Comer of said Section 11; thence North 89014'00" West, on the North line of said
<br />Section 11, a distance of216.93 to the Point of Beginning for said reference line; thence continuing
<br />North 89014'00" West, on the North line of said Section II, a distance of818.87 to the Point of Termination of said
<br />reference line at a location 1035:RO feet west of the North Quarter Comer of said Section 11. Said strip of land
<br />contains 0.56 acres, more or less.
<br />
<br />The actual location of the underground l1ber optic facilities may deviate within said easement area.
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<br />The District shall have the right to ingress and egress across and along thc property within the easement arca fi:Jr 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 witll
<br />the safe construction, operation, maintenance, alteration or reconstruction of its underground fiber optic facilities and equipment used
<br />in connection therewith.
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<br />No buildings, structures, improvements or trees shall be located so as to intertere 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' ftlmling opcrations such as plowing, seeding, cultivation, and harvesting of crops. Thc undcrground
<br />fiber optic line will be installed at a minimum of 3 feet in depth.
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<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 aiter such occurrence; otherwise, it is agreed that said claim for damages shall have
<br />been waived.
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<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.
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