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r ~ DUPLICATE WARRANTY DEED (INDIVIDUAL-3 Page) Project: F-2-4(103) AFE: R-491 Tract: 11 AND ALSO: 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 PER HOUR, BY EXCEEDING THIS AMOUNT ON FIVE OR MORE SEPARATE OCCASIONS WITHIN A CONTINUOUS THREE-MONTH PERIOD, HE, OR HIS SUCCESSORS IN TITLE. WILL BE CONSIDERED IN VIOLATION OF THE TERMS OF THIS INSTRUMENT AND SUBJECT TO APPROPRIATE PROCEEDINGS AT LAW OR IN EQUITY FOR ITS ENFORCEMENT. ; THERE WILL BE NO INGRESS OR EGRESS OVER THE FOLLOWING DESCRIBED CONTROLLED ACC~SS LINE LOCATED IN THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26. TOWNSHIP 12 NORTH. RANGE II WEST OF THE SIXTH PRINCIPAL MERIDIAN, HALL COUNTY. NEBRASKA: REFERRING TO THE SOUTHWEST CORNER OF SAID QUARTER SECTION; THENCE NORTHERLY A DISTANCE OF 1292.48 FEET ALONG THE WEST LINE OF SAID QUARTER SECTION, THENCE EASTERLY DEFLECTING 105 DEGREES, 24 MINUTES, 41 SECONDS RIGHT. A DISTANCE OF 66.41 FEET ALONG THE SOUTHERLY BURLINGTON NORTHERN RAILROAD COMPANY RIGHT OF WAY LINE; THENCE SOUTHWESTERLY DEFLECTING 100 DEGREES, 57 MINUTES. 05 SECONDS RIGHT, A DISTANCE OF 16.94 FEET; THENCE SOUTHEASTERLY DEFLECTING 085 DEGREES. 52 MINUTES, 08 SECONDS LEFT. A DISTANCE OF 514.66 FEET; THENCE SOUTHEASTERLY DEFLECTING 005 DEGREES. 07 MINUTES. 31 SECONDS RIGHT. A DISTANCE OF 1698.86 FEET, THENCE WESTERLY DEFLECTING 144 DEGREES, 06 MINUTES. 15 SECONDS RIGHT, A DISTANCE OF 281.42 FEET ALONG THE SOUTH LINE OF SAID QUARTER SECTION TO THE POINT OF BEGINNING; THENCE NORTHWESTERLY DEFLECTING 035 DEGREES, 53 MINUTES, 45 SECONDS RIGHT, A DISTANCE OF 1353.78 FEET, THENCE NORTHWESTERLY DEFLECTING 003 DEGREES. 52 MINUTES. 42 SECONDS LEFT, A DISTANCE OF 506.56 FEET; THENCE WESTERLY DEFLECTING 052 DEGREES, 56 MINUTES, 01 SECONDS LEFT, A DISTANCE OF 37.83 FEET TO THE POINT Of TERMINATION; EXCEPT. OVER ONE CONDITIONAL RESTRICTED ACCESS(ES). SUCH ACCESS IS TO BE PERMITTED ONLY IF IT DOES NOT EXCEED 40 FEET IN WIDTH, AND ONLY SO LONG AS TRAFFIC UPON SUCH ACCESS(ES) DOES NOT EXCEED 10 VEHICLE MOVEMENTS PER HOUR AS DETERMINED BY THE DEPARTMENT OF ROADS IN ACCORDANCE WITH THE PROCEDURES INDICATED BELOW. THE CENTERLINE(S) OF THE ACCESS(ES) (IS, ARE) LOCATED ON THE SOUTH LINE(S) OF SAID QUARTER SECTION. FOR THE PURPOSE OF THIS INSTRUMENT, THE 10 VEHICLE MOVEMENTS PER HOUR WILL BE MEASURED AND DETERMINED BY THE FOLLOWING PROCEDURE: UPON ITS OWN DETERMINATION OR WHENEVER TRAFFIC CONGESTION OCCURS AT A . RESTRICTED ACCESS, THE DEPARTMENT MAY MAKE A TRAFFIC COUNT, SUCH COUNT TO BE FOR A MINIMUM 8-HOUR PERIOD DURING THE HOURS-OF 7 AM TO 9 AM, 10 AM TO 1 PM. 3 PM TO 6 PM, AND, IN ADDITION, FOR ANY OTHER PEAK HOURS PECULIAR TO THE HIGHWAY. THE AVERAGE HOURLY TRAFFIC WILL BE DETERMINED BY DIVIDING THE TOTAL NUMBER OF VEHICLE MOVEMENTS RECORDED DURING THE TIME PERIODS BY THE LENGTH OF THE TIME PERIODS IN HOURS. IN THE EVENT ANY OF THE PEAK HOUR VEHICLE COUNTS EXCEEDS THE AVERAGE BY A FACTOR OF 1.5. THE HIGHER FIGURE MAY BE USED TO DETERMINE THE NUMBER OF VEHICLE MOVEMENTS FOR THE ACCESS POINT. Page 2 of 3