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<br />~ EASEMENT
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<br />t' INDENTURE made this ~ TJ.- day of OrTg0 f'v; _ '2008 between BILL HAYES and
<br />MARL YS HAYES, husband and wife, owners of the servient tenement, hereinafter referred to as
<br />"Owners" and GENE HOFFMAN, single, owner of the dominant tenement, hereinafter referred
<br />to as "Beneficiary":
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<br />WHEREAS, Owners are seised of an estate in fee Simple, free from encumbrances, of
<br />Lot One (1), Hayes Family Subdivision, Hall County, Nebraska, over which the Beneficiary
<br />seeks a perpetual access easement over and across the same to provide access for agricultural
<br />purposes from Ash Street to the Beneficiary real estate hereinafter described, and
<br />
<br />WHEREAS, Beneficiary is seised of an estate in fee simple of a fraction of the Southeast
<br />Quarter (SEI/4) of Section Five (5), Township Nine (9) North, Range Nine (9) West of the 6th
<br />P.M., Hall County, Nebraska, more particularly described as set forth in Exhibit "A", herein
<br />referred to as the "dominant tenement" and incorporated herein by, which will be benefited by
<br />the access easement for agricultural purposes over and across the servient tenement, and
<br />
<br />WHEREAS, the Owners have agreed, in consideration of the sum of One Dollar and
<br />$1. 00 and other valuable consideration to be paid by the Beneficiary, to grant to the Beneficiary,
<br />his heirs, successors and assigns, a perpetual access easement for agricultural purposes over and
<br />across the North Sixty feet (N 60') of Lot One (1) Hayes Family Subdivision, Hall County,
<br />herein referred to as the "servient tenement", for the purposes and in the manner hereinafter
<br />expressed:
<br />
<br />NOW. THEREFORE, in consideration of One Dollar ($1.00) and other valuable
<br />consideration paid by the Beneficiary to the Owm:rs, the receipt of the samc being hereby
<br />acknowledged, Owners hereby grant an easement for ingress and egress, (in common with all
<br />others having the like right), to the Beneficiary, his heirs, successors and assigns, over, through
<br />and upon that real estate described as:
<br />
<br />The North Sixty feet (N 60') of Lot One (1), Hayes Family Subdivision, Hall
<br />County, Nebraska,
<br />
<br />for purposes of permitting access to the dominant tenement only by Beneficiary, his heirs,
<br />employees, successors and assigns, together with vehicles and agricultural equipment connected
<br />with the use and enjoyment of the land of the Beneficiary herein described for those usual
<br />agricultural endeavors as the said land may be from time to time lawfully used and enjoyed.
<br />
<br />To have and to hold the said perpetual access easement and right of ingress and egress
<br />over and across the same is hereby granted to the Beneficiary, his successors and assigns, as
<br />appurtenant to the said land of the Beneficiary_
<br />
<br />The easement hereby established is specifically subject to a reservation of the right by the
<br />Owners, their heirs, successors and assigns to dedicate and convey the entirety of such easement
<br />area to the public for use as a public roadway without necessity ofioinder by the Bcneficiary, his
<br />heirs, successors or assigns in such dedication or conveyance, and, (prior to any such dedication
<br />and conveyance to the public), the reservation by the Owners that the same may be used by the
<br />Beneficiary, his heirs, successors and assigns, in conjunction with the use of the Owners, their
<br />heirs, successors and assigns, as to its entirety, and further subject to the express understanding
<br />that the Owners, their heirs, successors and assigns, shall in no way be bound to construct or
<br />maintain the private drive and shall in no way assume any liability or responsibility to
<br />Beneficiary, his heirs, successors and assigns, using said private drive as herein permitted.
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