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<br />200805469
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<br />This Instcument .was drafted by:
<br />JAfts:QlCCJfdhqI~u
<br />Roben G. Dailey
<br />McGrath North Mullin & Kratz, PC LLO
<br />1601 Dodge Street, Suite 3700
<br />Omaha, NE 68102
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<br />PIPELINE EASEMENT BY OWNER
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<br />THIS INDENTURE, made this 12th day of May ,2008, between Pioneer
<br />Trail Energy, LLC, a Delaware limited liability Company, whose address is 7878 South 140"
<br />Road, Wood River, Nebraska, 68883 herelnaftercaUed "COMPANY, II Its successors and
<br />assigns, and the following named persons, herein, whether singular or plural, called "OWNER,"
<br />namely:
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<br />Charles D. McTavish and Barbara J. McTavish, Husband and Wife
<br />14712 Old Military Road
<br />Wood River, NE 68883
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<br />WITNESSETH, that for $1.00 and other good and valuable consideration received by
<br />OWNER, OWNER does hereby grant, bargain, sell and convey unto COMPANY, its successors
<br />and assigns, a permanent easement 60 feet in width described in Exhibit A attached hereto,
<br />together with the right to construct, operate, maintain, repair, increase the capacity of, remove,
<br />and replace a pipeline or pipelines, Including necessary pipes, poles, and fixtures, through, over,
<br />under and across the easement described herein, situated in the County of Hall, State of
<br />Nebraska. Additionally, OWNER does hereby grant, bargain, sell and convey unto COMPANY,
<br />its successors and assigns, a temporary construction easement 15 feet in width, being adjacent
<br />to previously defined permanent easement.
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<br />OWNER, its successors and assigns, agrees not to build, create or construct or permit to
<br />be built, created, or constructed, any obstruction, building, or other structures upon, over, or
<br />under the strip of land herein described or that would interfere with said pipeline or pipelines or
<br />COMPANY'S rights hereunder.
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<br />OWNER, its successors-and assigns, hereby grants to COMPANY, its successors and
<br />assigns, the right at all reasonable times to enter upon said premises for the purpose of laying,
<br />constructing, maintaining, operating, replacing, Increasing the capacity of, repairing or removing
<br />said pipeline or pipelines and for the purpose of doing all necessary work in connection
<br />therewith.
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<br />COMPANY hereby agrees that It will pay any and all damages that may result to the
<br />crops, fences, buildings and improvements on said premises caused by constructing,
<br />reconstructing, maintaining, repairing, increasing the capacity of, operating or removing said
<br />pipeline or pipelines. The damages, if not mutually agreed upon, may be determined by three
<br />disinterested persons, one to be selected by COMPANY and one by OWNER: these two shall
<br />select the third person. The award of these three persons shall be final and conclusive.
<br />Compensation for the initial construction on the permanent and temporary easement are hereby
<br />paid in advance as mutually agreed to and included In this initial payment.
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