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S6 101884 <br />EASEMENT AGREEMENT <br />THIS INDENTURE is made and entered into this day of <br />March, 1986, by and between DAVIS BROS. CONSTRUCTION CO., a /k /a <br />DAVIS BROTHERS CONSTRUCTION COMPANY, a Nebraska corporation, <br />hereinafter referred to as the "Corporation "; and CHARLES R. <br />FRITH and BESSIE E. FRITH, husband and wife, as joint tenants <br />with right of survivorship, hereinafter referred to as "Friths ". <br />WITNESSETH: <br />WHEREAS, Friths have agreed to purchase from the Corporation <br />the real estate described on the attached Exhibit "A ", herein- <br />after referred to as "Tract 1 "; and <br />WHEREAS, the Corporation also is the owner of record of the <br />real estate legally described as the East Half of the Southeast <br />Quarter (EJSE}) of Section Twenty -Four (24), Township Eleven (11) <br />North, Range Nine (9) West of the Sixth (6th) Principal Meridian, <br />Hall County, Nebraska, upon which real estate a lake of approxi- <br />mately fifteen (15) acres in size is situated; and <br />WHEREAS, Tract 1 is situated directly adjacent to the north <br />of the aforereferenced lake; and <br />WHEREAS, Friths desire to have access to said lake and to <br />have the right to use and enjoy the same for general recreational <br />purposes, including, but not limited to, fishing, hunting, <br />boating and swimming; and <br />WHEREAS, as a material part_ of the consideration for Friths <br />purchasing Tract 1 from the Corporation, the Corporation has <br />indicated its willingness to permit Friths to have access to the <br />aforereferenced lake and to have the right to use and enjoy the <br />same for general recreational purposes, including, but not <br />limited to, fishing, hunting, boating and swimming. <br />NOW, THEREFORE, for good and valuable consideration, the <br />receipt and adequacy of which is hereby acknowledged, the parties <br />hereto agree as follows: <br />1. The Corporation hereby grants, transfer and assigns to <br />Friths, as the owners of record of Tract 1, and to all parties <br />subsequently claiming ownership of Tract 1 through Friths, a <br />permanent easement to have access to the aforereferenced lake and <br />to have the right to use and enjoy the lake for general recrea- <br />tional purposes, including, but not limited to, fishing, hunting, <br />boating and swimming. <br />2. Friths agree not to use the aforereferenced lake for <br />any purposes other than the aforereferenced recreational purposes <br />-1- <br />