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<br /> EASEMENT AGREEMENT en N 0
<br />
<br />THIS AGREEMENT, made this 711- day of August 2008, by and between Grand Island ~o
<br />Mall, L TD, a Nebraska Limited Partnership, hereinafter called "The Mall", and James 1. Wiltgen, <2.....0
<br />a married person, hereinafter called "Wiltgen";
<br />WHEREAS, the Mall is selling Lot One (I), Grand Island Mall Fifteenth Subdivision to the
<br />City of Grand Island, Hall County, Nebraska, to Wiltgen, and Wiltgen desires to have proper access
<br />rights to and from said Lot One (I), Grand Island Mall Fifteenth Subdivision, City of Grand Island,
<br />Hall County, Nebraska, for the operation of its facilities on the land conveyed from the Mall;
<br />WITNESSETH:
<br />1. In consideration of One Dollar ($1.00) and other good and valuable consideration
<br />and ofthe sale ofthe real estate by the Mall to Wiltgen legally described as Lot One
<br />(1), Grand Island Mall Fifteenth Subdivision to the City of Grand Island, Hall
<br />County, Nebraska, this Easement Agreement is made and entered into. Grand Island
<br />Mall, L TD, is owner of the following real estate: Lot Two (2), Grand Island Mall
<br />Fifteenth Subdivision to the City of Grand Island, Hall County, Nebraska.
<br />2. The Mall grants to Wiltgen, his respective heirs, successors and assigns (including
<br />mortgagees) and any person who shall be trom time to time entitled to the use and
<br />occupancy of said Lot One (1), Grand Island Mall Fifteenth Subdivision to the city
<br />of Grand Island, Hall County, Nebraska, under any lease, sublease, license or
<br />concession agreement or other instrument or arrangement under which rights are
<br />acquired, the following easements for use of Wiltgen on the aforementioned real
<br />estate owned by Grand Island Mall, L TD:
<br />A. Pedestrian Easement - Non-exclusive easement for the purpose of pedestrian
<br />traffic over, upon or across said aforementioned Mall real estate and for
<br />access to public streets and alleys now or hereafter abutting or located on any
<br />portion of Mall's real estate.
<br />B. Vehicular Easement - Non-exclusive easement for the purpose of vehicular
<br />traffic over, upon or across said aforementioned Mall real estate and for
<br />access to public streets and alleys now or hereafter abutting.
<br />C. Utility Easement - Non-exclusive easement for the installation, use,
<br />connection to, operation, maintenance, repair, replacement and removal of:
<br />Water lines and system; electrical lines and system; gas lines and system;
<br />storm sewer drainage lines and system; and other utility lines and systems
<br />hereafter developed to serve the Wiltgen property; provided, however, that
<br />all pipes, wires, lines, conduits, mains, sewers, systems and related
<br />equipment (hereafter called "Utility Facilities") will be installed underground
<br />or otherwise enclosed and will be installed, operated and maintained in a
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