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<br />200801008
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<br />respective property on Linden Turnoff Road bears to the total unpaved roadway fronting Linden Turnoff Road. Each
<br />parcel owner's share of costs incurred shall be determined as follows: Total1l1aintenance or improvement costs divided
<br />by the total frontage feet of the properties described above times the individuals owner's frontage feet. The records of
<br />the 11all County, Nebraska shall be conclusive evidence of the interest of each parcel owner at the time such expense is
<br />incurred. When a parcel is being sold on land contract, the land contract vendee shall be deemed the owner of record.
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<br />3. rID'!l!ent, Payment of maintenance and improvement costs will be made to the person designated by a majority
<br />of the parcel owners as the road commission agent of Linden Turnoff Road no later than two weeks [rom the date they
<br />receive a billing or other notification. The designated road commission agent upon receipt of all parcel owner's
<br />payment will, in turn, immediately remit payment of the road costs incuned to the respective contractor or vendor.
<br />4. Future Parcels. Three (3) parcels are currently on record as having access to Linden Turnoff Road. Any
<br />additional parcels gaining access to Linden Turnoff Road by way of splitting any of the cuo"ent three (3) parcels will be
<br />required to pay that portion of the maintenance and improvement costs incurred after the split as determined by the
<br />formula contained in Paragraph No.2.
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<br />5. Snow Plowing. The Private Road shall be snowplowed so as to permit year-round access. This cost shall be
<br />shared equally by the parcel owners.
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<br />6. Effective Ternl. This Agreement shall be perpetual, and shall encumber and run with the lan(\.
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<br />7 _ Binding Agree!l~!lt. This Agreement shall be binding upon the parties hereto, their respective heirs, executors,
<br />administrators, and assigns.
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<br />8. Recording and Filing. A copy of this Agreement shall be recorded with the Hall County, Nebraska Register of
<br />Deeds.
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<br />9. Amendment. This agreement may only be amended by the unanimous consent of all parcel owners.
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<br />10. Enforcement. This Agreement may be enforced by any property owner or by Hall County. If a court action or
<br />lawsuit is necessary to enforce this Agreement, the party commencing such action or lawsuit shall be entitled to
<br />reasonable attorney lees and costs if the prevailing party.
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<br />II. Miscellaneous. If a parcel is owned by more than one person, all of the owners of a Parcel will collecti vely be
<br />referred to as the "parcel owner" for purposes of this Agreement and will be entitled to only one collective vote (i.e.
<br />each parcel represents one vote in the matters covered by this Agreement).
<br />The parties have ex~cuted this Agreement on the day and year first above written.
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<br />jfL;~~-/tId-~ .:P~4:s
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<br />Steven F. Sorahan ~. McGowan Douglas J. E ery
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<br />STATE OF NEBRASKA; COUNTY OF IIALL: ss_
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<br />On~~ \
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<br />, 2008, before me a Notary Public, in and for said County, personally appeared Steven F. Sorahan and
<br />IJehonlh L. Sorahllll husband and wife, to me known to be the same persons described in and who executed the within instrument,
<br />who have acknowledged the Silme to be their tI-ec act and de -""""""""""""","",,""'"
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<br />~~~~
<br />N;J(;ry Public ..,.. \....... "1)\)
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<br />J:EK[ML *l.HARy.$tilte 01 ~tbraska
<br />CATHERINE J. SH~TLEFF
<br />My Comm. Exp. 3. '\ ~ ~"
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<br />ST ATE OF NEBRASKA; COUNTY OF IIALL: ss.
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<br />On ~~~~.._______._~, 2008, before me a Notary Public, in and tl)l" said County, personally appeared Douglas .I. Emery, a
<br />single person, to me known to be the saine person described in and who executed the within instrument, who have acknowledged the
<br />same to be his fi'ee act and deed.
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<br />Notary Public ...-. ~ lJ\j
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<br />ST An:: OF NEBRASKA; COUNTY OF IIALL: ss.
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<br />On ~&~ \ , 2008, bcfore me a Notary Public, in and fbr said County, personally appeared Shay P. McGowan and
<br />.Jacey L. McGowan husband and wife, to me known to be the Slime persons described in and who executed the within instrument,
<br />o have acknowledged the same to be their ti'ee ad and deed.
<br />~ ~.-.~ J:ENERAL NOTARY.State of Neflrasta
<br />$,.~ ~ CATHERINE J. SHU LEFf
<br />Notary Public My Comm. Exp. ~-.:.,,\ "'\ ~~l.\
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