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.~~' The Instrument Drafted By: Bill Geneser Qwest Corporation 2103 E. University Ave. DesMoines, IA 50317 (515) 263-7216 RECORDING INFORMATION ABOVE Return to: John Boheman Ulteig Engineers, Inc. 4808 S. Technopolis Dr. Sioux Falls, SD 57106 (605) 323-2306 Jo,StJ .---" EASEMENT AGREEMENT The undersigned Hastings Ventures, L.L.C. (Grantor), for and in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and convey unto QWEST CORPORATION, a Colorado corporation (Grantee), whose address is 1801 California St., Suite 5200, Denver, CO 80202, and its successors, assigns, affiliates, lessees, licensees, and agents, a perpetual non-exclusive easement to construct, modifY, add to, maintain, and remove such telecommunications facilities, electrical facilities, and other appurtenances, from time to time, as Grantee may require upon, over, under and across the following described property situated in the County of Hall, State of Nebraska, which the Grantor owns or in which Grantor has an interest to wit: SEE EXHIBITS A & B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. LEGAL DESCRIPTION IS ON PAGE THREE Grantor further conveys to Grantee the right of ingress and egress to and from the Easement Area during all periods of construction, maintenance, installation, reinforcement, repair and removal over and across Grantor's lands with the right to clear and keep cleared all trees and other obstructions as may be necessary for Grantee's use and enjoyment of the Easement Area. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for environmental contamination, which is either pre- existing or not caused by Grantee. Grantor reserves the right to occupy, use and cultivate the Easement Area for all purposes not inconsistent with the rights herein granted. Grantor covenants that Grantor is the fee simple owner of the Easement Area or has an interest in the Easement Area, Grantor will warrant and defend title to the Easement Area against all claims, Grantor hereby covenants that no excavation, structure or obstruction will be constructed, or permitted on the Easement Area and no change will be made by grading or otherwise that would adversely affect Grantee's use and enjoyment of the Easement Area. The rights, conditions and provisions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. R/W# JJE:b~O'7b"8"Je.ol Initials IJJ3l