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<br />WARRANTY DEED (INDIVIDUAL. 2 Poge)
<br />AFE: R-49i 83-004143
<br />
<br />No.2, Dee 71 027. 23.Q39
<br />cP~ject: F-2-4(103)
<br />AKD AlSO:
<br />THERE WILL BE NO INGRESS OR EGRESS OVER THE FOLLOWING DESCRIBED
<br />CONTROLLED ACCESS LINE LOCATED IN THE NORTHEAST QUARTER OF SECTION 32,
<br />TOWNSHIP 12 NORTH, RANGE 10 WEST OF THE SIXTH PRINCIPAL MEfHDIAN, HALL
<br />COUNTY, NEBRASKA:
<br />
<br />Tract: 29
<br />
<br />REFERRING TO THE SOUTHEAST CORNER OF' SA I D QUARTER SEcn ON; " rH~NC~
<br />WESTERLY A DUTANCE OF 33.00 FEET ALONG THE SOUTH LINE OF SAID QUARTElf
<br />SE~nbN TO THE POINT OF BEGINNING; THENCE WESTERLY DEFLECTING0l>&;
<br />DECREErS, 00 MINUTES, 00 SECONDS A DISTANCE OF 1723.33 FEU ALON(LTHE
<br />SOUTH.LINE OF' SAID QUARTER SECTION TO THE POINT OF TERMINATION; THENtE
<br />WESTERLY DEFLECTING 000 DEGREES, 00 MINUTES, 00 SECONDS A DrsrANCEOf;'
<br />f00.02 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION TOTHEPOINT
<br />OF RESUMPTION; THENCE WESTERLY DEFLECTING 00@ DEGREES, 00 MINUTES, 00
<br />c SECONDS A DISTANCE OF 7B2.54 FEET ALONG THE SOUTH LINE OF SAID QUARTER
<br />SECTION TO THE POINT OF TERMINATION; EXCEPT, OVER ONE FUTU~E;
<br />UNRESTRICTED DRIVE<S), NOT TO EXCEED 4<:\ FEET IN WIDTH, THE
<br />CENTERLINE(S) OF WHICH <IS. ARE) LOCATED ON THE WEST LIHE<S) OFSA!D
<br />QUARTER. EXCEPT, OVER TWO CONDITIONAL RESTRICTED ACCESS(ES>' SUCH
<br />ACCESS'IS TO BE PERl;frHED ONLY IF IT DOES NOT, EXCEED 40 FEET IN WUrTH,
<br />AND ONLY SO l,.QHt.:.AE TRAFFIC UPON SUCH ACCESS(ES) DOES NOT EXCEED 10
<br />VEHICLE MOVEHl::NTS PER HOUR AS DETERMINED BY THE DEPARTMENT OF ROADS IN,
<br />ACCORDANCE WITH THE PROCEDURES INDICATED BELOW. THE CENTERLINE<SJ OF
<br />THE ACCESS(ES) <IS, ARE) LOCATED EAST 755.B0 ANDa80.55 FEET FROMiHE
<br />WEST LINE OF SAID QUARTER SECTION AS MEASURED ALONG THE CENTERLINE'OF
<br />THE HIGHWAY.
<br />
<br />FOR THE PURPOSE OF THIS INSTRUMENT, THE ff) VEHICLE MOVEMENTS PER HOUR
<br />WILL BE MEASURED AND DETERMINED BY THE FOLLOWING PROCEDURE'UPONITS
<br />OWN DETERMINATION OR WHENEVER TRAFFIC CONGESTION OCCURS AT A
<br />RESTRICTED ACCESS, T~~ DEPARTMENT MAY MAKE A TRAFFIC COUNT, SUCH COUNT
<br />TO BE FOR A MINIMUM a-HOUR PERIOD DURING THE HOURS OF 7 AM TO 9 AM, 10
<br />AM TO 1 PH, 3 PM TO 6 PM, AND, IN ADDITION, FOR ANY OTHER PEAK HOURS
<br />P~CULIAR TO THE HIGHWAY. THE AVERAGE HOURLY TRAFFIC WILL BE DETERMINED
<br />9Y DIVIDING THE TOTAL NUMBER OF VEHICLE MOVEMENTS RECORDED DURING THE
<br />TIME PEFUODS BY THE LENGTH OF THE TIME PERIODS IN HOURS. IN THE EVENT
<br />ANY or THE PEAK HOUR VEHICLE COUNTS EXCEEDS THE AVERAGE IW A FACTOR OF
<br />1.5. THE HIGHER FIGURE MAY BE USED TO DE:rERMINE THE NUMBER OF VEHICLE
<br />MOVEMENTS FOR THE ACCESS POINT.
<br />
<br />PROVIDED THAT THE GRANTOR DOES COVENANT AND AGREE THAT SHOULD HE OR
<br />HIS SUCCESSORS IN TITLE FAIL AND REFUSE TO KEEP OR PERFORM THE
<br />PROVISIONS lIMITING TRAFFIC IN SUCH ACCESS TO le VEHICLE MOVEMENTS PER
<br />HOUR, BY EXCEEDING THIS AMOUNT ON FIVE OR MORE SEPARATE OCCASIONS
<br />WITHIN A CONTINUOUS THRH-KONTH PERIOD, HE, OR HIS SUCCESSORS IN
<br />TITLE. WILL BE CONSIDERED IN VIOLATION OF THE TERMS OF THIS INSTRUMENT
<br />AND SUBJECT TO APPROPRIATE PROCEEDINGS AT LAW OR IN EQUITY FOR ITS
<br />ENFORCEMENT.
<br />SAID GRANTOR DOES HEREBY RETAIN AND RESERVE TO SAID GRANTOR AND TO
<br />HIS, HER OR THEIR HEIRS, SUCCESSORS AND ASSIGNS ALL RIGHTS TO OIL AND
<br />GAS KIN~ALS, IN OR ON THE ABOVE DESCRIBED REAL PROPERTY. SAID GRANTOR
<br />AND/OR HIS. HER OR THEIR HEIRS, SUCCESSORS AND ASSIGNS SHALL HAVE NO
<br />RIGHT TO ENTER OR USE THE SURFACE OF SAID REliL PROPERTY FOR ANY
<br />PURPOSE CONCERNING SAID OIL AND GAS MINERAL RIGHTS, NOR SHALL SAID
<br />GRANTOR AND/OR HIS, HER OR THEIR HEIRS, SUCCESSORS AND ASSIGNS IN
<br />EXTRACTING SAID OIL AND GAS MINERALS FROM SAID REAL PROPERTY, DAMAGE
<br />OR IN ANY WAY j~fJlE,lJSE,c QF .SAID REAL PROPERTY.
<br />
<br />
<br />1'0 HA liE AND TO HOLD Ilo~ pre",ises abQve described, together Wilh all the Tenements, Hereditaments and
<br />App,,uleJi<ULceJl thereWJ!t; betm.ging, unto Th.e Stale of Nebraska and 10 it.> successors and assigns fore vcr,
<br />
<br />,ituithe GfMter .we" h.eref>r cove"",,! with Tite SteM of Nebra"ka a"d witit its successors (",Ii assill~s 11.01 the
<br />G~.klr is l_{ldly seized of said prelltius; tAol Ih~c are free from encumbrance; Ihat Ihe Granlor has good right
<br />/kfl.d. tawfJd<Jl>~lJrir:y.1e $"UI},e sl'fBe; em<< lite Granier dou hereby covenantla warr""t and defend Ihe {itte to said
<br />premi"ua~auut th" ja..'!1I1 claims of aUpers""s ...,homs()f:tJu.
<br />
<br />Sl4'ledlki".,x;i,~:..tay of..,,",~.... ,,,,,,A,v. ]924_
<br />
<br />
<br />(S*. 4(j:t.no1pt-!l4~ftt. ~ Oli't:t)
<br />
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