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11 <br />LA-2 <br />Account /Well Number 10156--2 <br />003"2. <br />0wnerVM-4&*'id"strWti= Charge under this Agre t shall be N <br />may elect to a emen one <br />PAY the construction The <br />or Amy *3AP-t to Charge in lull at the slZiTiMS of the Air.;;.t <br />this "" the first installment 't"rb-et&c:4L3n-&t—rtucstbjma=13.cbbe&rigne tlbnafi�,v (5) equal annual Installments. In <br />lasing <br />of amount of $ <br />this Agreement, with the remaining installments To be —bl1led approximately <br />April 1st each year until the construction charge has been paid in full. payable at the <br />VII <br />This Agreement shall become effective -upon exec utlon and shall Con <br />aRry term Of five (5) years from --- April tinue fora pri- <br />year (referred to as the "yearly 19 83 <br />termtt), until t and thereafter from year to <br />(90) days written notice before Y either party giving ninety <br />the expiration Of the primary term or any yearly term <br />thereafter' If owner Wishes to terminate this Agreement during the Primary term it U <br />specifically agreed the Owner will Pay the District the amount designated under the mini <br />Mum bill provision of the approprfate irrigat <br />lag annual construction installments for t ion rate schedule and shall pay any remain_ <br />P"Ovis'cm may be VniVed providing he remag Years Of the primary term. This <br />the succeeding Owner executes a new Irrigation Electric <br />Power Service Agreement for the remaining term of the original Agreement, <br />VIII <br />If District shall be wholly or partially prevented <br />vice Contracted for under this from delivering electric ser- <br />vice <br />Owner under this Agreement, or if the service shall be interrupted, or if <br />reason Agreement shall be Prevented from receiving, using and applying t <br />electric service by AgrPem . or through strikes, stoppage of labor, riots, fire. g he <br />invasion, insurrection, accident, the order of any court, judge or civil authority, Act <br />of God, Or any cause reasonably beyond the District's control and not attributable to <br />District's negligence. the District shall not be Obligated to deliver electric service <br />under this Agreement during such period, and shall not be Liable for any damage or lo,, <br />resulting from the -interruption or suspension of electric service. Distr ct have <br />the Tight to suspend temporarily the delivery of electric I shall <br />for the Purpose Of making repairs or improvements of _ service under this Agreement <br />bution system, <br />the District's electric distri- <br />Ix <br />The Owner agrees this Agreement may be filed in the office of the County Clerk or <br />the Office Of the Register of Deeds in the <br />foregoing part of this Agreement is situatscOuntY where the 'real estate described t <br />d. ibd in be <br />The filing of this Agreement of Record in <br />the office of the County Clerk or the Register of Deeds in the <br />Late is situated shall cause th_'�-- Agreement to constitute and to be construed and legally <br />,2 on the real estate. If default is <br />treated as a real estate mortgag County where the real es- <br />of the charges to be paid by th.� Owner for electric energy supplied b made in the Payment <br />for the construction charge, t1n, District shal' y the District or <br />' have the right to foreclose 0 this <br />Agreement in the manner and form provided for the upon h <br />under the statutes of the state :)f Nebraska. e foreclosure of real estate mortgages <br />District and Owner intend, by this pars- <br />graph of the Agreement, for own(!,- to create a contractual equitable lien upon the real <br />estate for the charges to be pa.j by Owner to District under this Agreament_ t <br />this Agrzeftbut creates a contra. ual equitab-A, ten upon the real estate Of Ow r for <br />Even bough <br />securing the Payment of the cha to be pai,,. -ne <br />this Agreement shall note co-L 11Y Owner to District under this Agreement. <br />statutory lien that may be .-rued as a waiver by District Of the right to assert any <br />ova lable to District for securing the Payment of the charges <br />required to be paid by Owner L7 `f-r this Agreement. <br />If more than one individil , <br />,.1 person is av�� Owner under this Agreement, <br />Persons executing this Agrzeenje - <br />, as an Dw-'Jel the individual <br />obligations of Owner under thi Agreement. <br />are jointly and severally liable an all <br />it <br />This Agreement is bindi, Upon the District and its successor or successors and <br />aaal4pa and up= Owner and 7, <br />6OUtatives and assn gns. (if 1nt and thel" resPective heirs. (jevI&Ces. personal repr*- <br />" ;J.BnWeut JF, i)ermitted by District), If Owner and Tenant <br />0 <br />