87103438 - Laserfiche WebLink

Browse

87- 103438 WAIVER WHEREAS, J. Paul. McIntosh and Eleanor McIntosh, husband and wife, hereinafter McIntoshs have acquired certain real estate described on attached Exhibit "A". WHEREAS, Leo Mettenbrink and ,lean e Mettenbrink, hereafter Mettenbrinks plan to utilize the property adjoining the property described on Exhibit "A" on the East for farming purposes and to irrigate such property by an irrigation pivot system and to dispense fertilizer in the water in accordance with normal farming practices on said adjoining property. WHEREAS, McIntoshs recognize that when such pivot system is in operation, due to wind and other atmospheric conditions, some of the water and fertilizer may be blown over onto a portion of the tract of land described on Exhibit "A ". NOW, THEREFORE, BE IT KNOWN that for valuable consideration McIntoshs agree as follows: 1. In the event that the pivot system referred to above should have water, or fertilizer blown by wind over the prorarty described on Exhibit "A ", neither they nor their successors and assigns shall object. 2. The McIntoshs, on behalf of themselves, their successors and assigns, hereby agree to hold Mettenbrinks• and their successors and assigns, harmless from all liability for damages to persons or property which may occur on the property described on Exhibit "A ", resulting from any wind blown water or fertilizer. Dated this 9 day of June, 1987. - - L2a- aul McIntosh Eleanor McIntosh STATE OF NEBRASKA ) SS: COUNTY OFLd°79 Before me, a notary public qualified for said county, personally came J. Paul McIntosh and Eleanor McIntosh, husband and wife, known to me to be the identical persons who signed and executed the foregoing instrument and they acknowledged the execution thereof to be their voluntary act and deed. Witness my hand and notarial seal on this day of June, 1987. &F1FRAt NOTARY Slate 0 na c; L '�I Notary Public My Commission expires: