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-:. .,,:~, 200809272 6. ACCESS ROAD EASEMENT. The Parties agree that the non-monetary consideration for this no-build easement shall include the right of the Grantors to use the Grantee's portion of the existing driveway serving the parties' properties for access to the Grantors' real estate at any point not further than Seven Hundred Feet (700') from the Southeast Comer of Lot 2, Connell Industrial Park Second Subdivision to the City of Grand Island, Hall County, Nebraska. This easement may be used by the Grantors, their successors, assigns, business invitees, customers, and representatives. This easement shall include the right to cross the Grantee's real estate from such portions of the access drive as are wholly on the Grantee's property directly to the Grantors' real estate. 7. SUCCESSORS AND ASSIGNS. This no-build easement contains all the agreements and stipulations between the Grantors and Grantee with respect to said easement and the same shall inure to the benefit and be binding on the Grantors and Grantee, their respective successors and assigns. 8. AMENDMENTS. The terms of this no-build easement may be modified or terminated only by a written agreement executed by the Grantors and Grantee, their respective successors and assigns, and approved by the Mayor and City Council of the City. 9. CHOICE OF LAWS. This No-Build Easement Agreement shall be construed in accordance with the laws of the State of Nebraska and the United States of America. -<-t.... DATED this ~ day of October, 2008. ,CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation Attest~~ B~~ ~"" Edwards,Titt.(lerk /1/ Mar ret Homady, Mayo A~ ~~(Tc~[U.Y1r GLOBAL INDUSTRIES, INC., A Corporation, Grantee Attest: . ~~.:-c-- Todd Kleint By: ~ M~ 1 s D. Fargo, c.F.O.! xecutive V.P. '0 ~ ~ BY:~~ .W/7~ GENE pENROSE, Grantor BY:~KL~ JANICE K PENROSE, Grantor 2