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<br />No.2, Dec 71
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<br />WARRANTY DEED (INDIVIDUAL - 2 Page)
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<br />PROJECT: F-2-4(103)
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<br />AFE: R-491
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<br />TRACT: 12 Revised
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<br />84......... 004318
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<br />AND ALSO:
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<br />EXCEPT, OVER ONE CONDITIONAL RESTRICTED ACCESS(ES). SUCH: ACCESS IS: TEl'"
<br />BE PH,MITTED ONLY IF IT DOES NOT EXCEED 40 FEET IN WTJ)TH, . AND/O~~)' ~(r
<br />LONG AS TRAFF IC UPON SUCH ACCESS( ES) DOES NOr EXCEED 10 VEHIcce
<br />MOVEMENTS PER HOUf, AS DETERMINED BY THE DEPARTMENT' OFRQAD',SiH
<br />ACCORDANCE WITH THE PROCEDURES INDICATED BELOW. THE. CENTERLINECSFOI:'
<br />THE ACCESS(ES) <IS, ARE) LOCATED ON THE NORTH LINE(S) OF' SAID qUARTER
<br />SECTION, NORTHWESTERLY 1235.38 FEET FROM THE EAST LINE OF SAIlFQUARTER
<br />SECTION AS MEASURED ALONG THE HIGHWAY CENTERLINE.
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<br />FOR THE PURPOSE OF TI-lIS INSTRUMENT, THE 10 VEHICLE MOVEMENTS PER HOUR; .
<br />WILL BE MEASURED AND DETERMINED BY THE FOLLOWING PROCEDURE:UPOltTTS'
<br />OWN DETERMINATION OR WHENEVER TRAFFIC CONGESTION OCCURSATA\,
<br />RESTRICTED ACCESS, THE DEPAf\TMENT MAY MAKE A Tf\AFFIC COUNT, SUGHCOUWr
<br />TO BE FOR A MINIMUM 8-HOUR PERIOD DURING THE HOURS OF 7 AMT09AM,f€>
<br />AM TO 1 PM, 3 PM TO 6 PM, AND, IN ADDITIC':I, FOR ANY OTHER PEAK HOURS'
<br />PECULIAR TO THE HIGHWAY. THE AVERAGE HOU.;>\,' TRAFFIC WILL BE DETERMINED'
<br />BY DIVIDING THE TOTAL NUMBER OF VEHICLE "OVEMENTS RECORDED DURINirTHE
<br />TIME f.'ERIODS BY THE LENGTH OF THE TIME PERIODS IN HOURS. IN THE EVENT
<br />ANY OF THE "'EAK HOUR VEHICLE COUNTS EXCEEDS THE AVERAGE BY A FACTOR OF
<br />1.5, THE HIGHEf~ FIGURE MAY BE USED TO DETERMINE THE NUMBER OF VEHICLE
<br />MOVEMENTS FOR THE ACCESS POINT. '
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<br />PROVIDED "'THAT THE GRANTOR DOES COVENANT AND AGREE THAT SHOULD HE OR
<br />HIS SUCCESSORS IN TITl:.E FAIL AND REFUSE TO KEEF.' OR PERFORM THE.
<br />PROVISIONS LIMITING TRAFFIC IN SUCH ACCESS TO 10 VEHICLE MOVEMENTS PER
<br />HOUR, BY EXCEEDING THIS AMOUNT ON FIVE OR MORE SEPARATE OCCASIONS
<br />WITHIN A CONTINUOUS THREE-MONTH 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 FORIIS
<br />ENFORCEMENT.
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<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 MINERALS, 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 REAL 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 IMPAIR THE USE OF SAID REAL PROPERTY.
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<br />Page 2 of 2
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<br />TO HA VE .iND TO HOLD rhe premises abvl!e described, togetller with. "II the TeJiem€l1ts. Hereditaments and
<br />A.ppu.rtenances rhereu.rlto belonging, Imlo The State of Nebraska, Department oj Roads, and to its successors and ass(iJ'lS
<br />forever,
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<br />.ind the Grantor does hereb)' covenant with The State of Nebraska. Departmerlt of ROtUis, .md with its ,successors "U'I(] ~1$sigtIS
<br />that tIle Grantor is lau.fuUy seized of said premise.): that they are free froTn enCldJlbrance; that the. Grantor has good "i.~ht
<br />.md lawful tJu.thority to sell the same; and the Gramor does hereby nweUant to u/arraHt and defend tile title /() said pn.~ntlst'S
<br />against tlte lau.-jul claims of all persons whomsoever.
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<br />L Signed ,his ,J6,1:!:1.. day "f, m.,M.~E_SI1. .. .......-\,1>.19.1>.1..
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