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No. 205; Jun 72 027di0-0OB PAR TtAL~RELEASE GF MORTGAGE iCorpomti on - 2 Po ge) Project: F-Z-4(103) APE: R-497 Tract: 24 8th --5;0442 _n~n aLS~: A TRACT OF LAND hOCATED IN-THE WEST HALF OF THE SOUTHEAST QUARTER`OE SECTION 3f; TOWNSHIP` S2 NORTH, fiANGE i0 WEST OF THE SIXTH PRINCIPAL MERIDIRN, HALL C-OUNTY, NEBRASKA, DESCRIBED AS FOLLOWS: $EGINNING AT THE NORTHWEST CORNER OF SAID QUARTER SECTION; THENCE EASTERLY A DISTANCE OF 1324.22 FEET ALOPlG THE NORTIi-LINE DF SAID WEST HALF OF THE SOUTHEAST QUARTER; THENCE SOUTHERLY DEFLECTING 084 DEGREES, 47 MINUTES, OS SECONDS RIGHT, A DISTANCE OF 119.66 FEET ALONG TH£ EAST LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER; THENCE WESTERLY DEFLECTING 094 DEGREES, if MINUTES, 30 SECONDS RIGHT, A DISTANCE OF 1324.13 FEET TO A POINT ON THE WEST LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER; TiiENCE NORTHERLY DEFLECTING 089 DEGREES, 46 MINUTES, 44 SECONDS RIGHT, A DISTANCE OF 120.25 FEET ALONG SAID LINE Tfl TiiE POINT OF BEGINNING CONTAINING 3.63 ACRES, MORE OR LESS, WHICH YNCLUDES 3.33 ACRES, MORE OR LESS PREVIOUSLY OCCUPIED AS PUBLIC HIGHWAY. THEREi WTLL BE NO INGf:ESS OR EGRESS OVER TI-'.E ABOVE DESCRIBED TRACT FROM OR- Tfl THE REMAINDER OF SAID WEST HALF OF THE SOUTHEAST QUARTER. EXCEPT, flV£R TWO COtlDT7i0NAL RESTRICTED ACGESSiES). SUCM ACCESS IS TO $E PEfitiiTTED ONLY IF IT DOES NOT EXCEED 94 FEET IN WIDTH, AND ONLY SO LONG -AS TRAFFIC UPON SUCH ACCESS(ESi llOES NOT EXCEED i4 VEHICLE MOVEMENTS FER HOUR AS DETERMINED BY THE DEF'ARTPiEi`IT OF ROAAS IN ACCORDANCE WITH THE F'ROCEI>URES INDICATEI) BELOW. THE CENTERLINEIS) OF THE ACCESSIES) <IS, ARE1 LOCATED EA::T 824.80 AND (294.84 FEET FROM THE WEST LINE DF SAID WEST HALF OF THE SOUTHEAST QUARTER AS MEASURED ALONG THE CENTERLINE OF THE HIGHWAY. FOR THE PURPOSE OF THIS INSTRUMENT, THE t0 VEHICLE MOVEMENTS FER HOUR WFLL HE MEASURED AND DETERMINED BY THE FOLLOWING PROCEllURE: UPON ITS OWN DETERMINATION Ofi WHENEVER TRAFFIC CONGESTION OCCURS AT A RESTRICTED ACCESS, THE D£F'RfiTMENT MAY MAKE A TRAFFIC COUNT, SUCH COUNT TO HE FOR A MINIMUM 8-HOUR PERIOD DURING THE HOURS OF 7 AM TO 9 AM, 10 AM TO 4 FM, 3 F'M TO u FM, AND, IN ADDITION, FOR ANY OTHER FEAIt HOURS F£CULIAR TO THE HIGHWAY. THE AVERAGE HOURLY TRAFFIC WILL BE DETERMINED BY DIVIDING THE TOTF,L NUMBF_R OF VEIiICL£ MOVEMENTS RECORDED DURING THE TIME PERIODS BY 7H£ LENGTH OF THE TIME FEFIODS IN HOURS. IN THE EVENT ANY OF THt F`EAK HOUR VEHICLE COUNTS EXCEEDS THE RVERAGE BY A FACTOR OF t.5, THE HIGHEfi FIGURE MAY BE USED TO DETERMINE THE~NUMBER OF VEHICLE MOVEMENTS FOR THE ACCESS POINT. PROVIDED THAT THE GRANTOR DOES COVENANT AND AGREE THAT SHOULD HE OR HIS SUCCESSORS iN TITLE FAIL AND REFUSE TO KEEP OR PERFORM THE PROVISIONS LIMITING TRAFFIC IN SUCH ACCESS TO 10 VEHICLE MOVEMENTS FER HOUR, BY EXCEEDING THIS AMOUNT ON FIVE OR MORE SEPARATE OCCASIONS WITHIN A CONTINUOUS THREE-MONTH PERIOD, HE, OR HIS SUCCESSORS IN TITLE, WILL-HE GONSIUERED IN VIOLATION OF THE TERMS OF THIS INSTRUMENT AND SUBJECT. TO APPROPRIATE PROCEEDINGS AT LAW OR IN EQUITY FOR ITS ENFORCEMENT. - ~rsid ifortt;agec retains a lien ugoxi the remainder of said-prapertr os preuioustr deseritirtl in said mortgage :xf s-ecure thle grixicipa!_surzt, to;eKther etzl-th ail interest an name re±nadning unpaid cccording to the Germs and {,ond;t3Gtkd O{ satd mttrt~a~C. ltulr e.~rcuted tliis....l3t_._daY of...._......_.T33S~.___.._._._., )'3,..83. 7F„!. i ~. ~. ,.~uz. r~tvr'.~Tna^ ~ ~ sr~G~rzc~a ~~~:~~ .~...~.,.~d'~t.=~.e .....,.._.-. rr~ ~~~'~~ ~, ~-..sue. a~._.,~... ._ fit. E3. r,~x~sati: I*n?~c~4nL _. ..., _..._