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85003485
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Last modified
10/17/2011 10:35:58 PM
Creation date
4/1/2008 4:40:26 PM
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DEEDS
Inst Number
85003485
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A <br />'85'° �i .+ <br />4 'account/ ell Number 10757 -2 <br />The net construction charge under this Agreement shall be $ done <br />[Owner may elect to pap the construction charge is full at the ' The <br />or a" elect to pay the construction charge in five full Snag of the � L <br />this case the first installment qual anaual installments. Irt <br />si of this t shsll be in the L of $ <br />with the r payable at the <br />April let each Year until the construction ichargeLhas n pc d full appraai�ately <br />pail in lull_ <br />M <br />This Agreement shall become effective upon execution and shall continue for .a pri- <br />anry of five (5) pears free April <br />, gj <br />Year (referred to as the 'yrari term s- and Hereafter from year to <br />_' <br />d by either party giving ninety <br />D) days written notice before the r,-zPiration y <br />o trthe p <br />thereafter. If Owner wishes to terminate this Primary term or any yearly term <br />specifically agreed the Owner mill Agreement during the primary term it is <br />Pay the District the <br />mount designated cinder the mini - <br />mid bill provision of the a Ppropriate irrigation <br />rate schedule and shall Pay any rem <br />ing annual construction. installments for the remaining aiss- <br />gears of the <br />graeisi� �imap i p zoviding Lire succeeding - executes a ac�rrIrr gaLioa <br />Fowxeer <br />Electric <br />ema3nIng term o, the original Agreement. <br />'III <br />If District shall be wholly or partially <br />Prevented from delivering electric set - <br />dice Contracted for under tnis Agre�nt, aS If the service shall a ngterectric et <br />Ifs <br />the Owner under this <br />shall be prer if <br />from receiving, using and BPPlping the <br />electric service by reason of or through strikes, <br />stoppage <br />invasion, inaas�- reciion, accident, the order of oppage of labor, riots, fire, flood, <br />of God, or any cause reasonably <br />court, judge ar civil authority, <br />beyond -he Dis£any <br />Act <br />District's negligence, ict's control and not attributable to <br />g $ease the District shall not be <br />obligated to deliver electric service <br />under this Agreement during such period, <br />r and shall not be liable <br />for any damage or loss <br />corresulting from the interruption or suspension of electric service. District shall have <br />right to suspend temporarily <br />the delivery c.f electric service under this <br />oz the purpose of making repairs or imprave�mtG <br />Agreement <br />of <br />bution system, the District s electric dstri- <br />IR <br />The Owner agrees this Agreement may be filEe -" in <br />the office of the Register the office of the County Clerk or <br />Register :needs in the county where <br />the real estate described in the <br />situated. The fill <br />the hoffi.ce oftthe County C3 of Record <br />enaris <br />in <br />g thcou� where tie real sin <br />tau is situated shall cause this Agreement to <br />constitute and to be construed and legally <br />trued as a real estate mortgage on the real estate. <br />Of the char to be if default is made in <br />paid b , t payment <br />the Owner for electric energy <br />for the construction charge, the District � or <br />toeforeclosseDupon <br />shall have the right <br />g this <br />under Agreement in the manner ane form Provided for "ae foreclosure of real estate <br />the statutes of <br />mortgages <br />the ,;-ate of Nebraska. istrict and Owner intend, by this para- <br />graph of the Agreement, far Owner to <br />create a t;sntractuai equitable lien <br />estate for the charges to ?• paid by Owner to ';-strict under this upon the real <br />this g <br />creates <br />a coitractual equitable lien upon the real of Owner even though <br />securing the payment of ti.: charges to be far <br />this t shall P y owner to District under Lhis <br />aid Agreement, <br />statutory Ii en £hat magtbteavai�ab gdtasDa ai of the right to assert any <br />=trfor securing <br />required to be paid by Owl .r under this Payment of the charges <br />Agree ,..nt. <br />If more then One inx.ividual person is ; 7VIler under this Agreement, the individual <br />executing f Owner this AF- nt as fiwrise•, are Jointly and severally liable on all <br />eibl.lgat tsf rands: this <br />Agreement. <br />
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