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<br />84~ 005195 <br /> <br />and when Grantee, its successors or assigns, builds the lead <br />railroad track contemplated by this easement Grantee, its <br />successors or assigns, shall make payment to the then record <br />owner of the real estate underlying the easement area for an <br />&~ount equal to the lesser of (i) the cost to'Gr~~tor of <br />running its industrial track from its southerly property <br />line northerly to the point where the railroad track switch <br />will be installed to connect the contemplated lead railroad. <br />track to the Burlington Northern Railroad pluscompourid <br />interest on that cost at twelve' percent (12%) per annum from, <br />the time the cost is incurred until the amount is paid or <br />(ii) the then replacement cost of that portion oftherailroaa' <br />track to be paid for initially by Grantor which will become <br />lead track for the joint use by Grantor andothers~ <br /> <br />Dated this .:J.gELday of September, 1984. <br /> <br />Before me, a 1il;tnry P\lbLi(Yqualified in said Count v , <br />personally came j~' ;_/~>,,\c:, "~,,"',..-_.-. , a general partner <br />of Millard Wareho'Use', Gra'nd Island, known to me to be the <br />general partner and identical person who signed the foregoing <br />instrument, and acknowledged the execution thereof to be his <br />voluntary act and deed as such partner and the voluntary act <br />and deed of said partnership. <br />Witness my hand and Notarial Seal on <br />1964. <br /> <br /> <br />By <br /> <br />GRAND ISLAND. INDUSTRIAL FOub$:1i!,I:ION., <br />A Nebraska Corporation '" <br /> <br />-'-', '-'-' <br />.& ,,""'.'.:::,.:': <br /> <br />By ~~<(!r;:t~~~~-il#);.{' <br />ltenneth' E. H 'lhga$i ..:..'............:,U;"c:'i:< <br />Vice-President ..... . ~:..,.;-..':c.'.~.;;/;: <br /> <br />STATE OF NEBRASKA ) <br />(55: <br />COUNTY OF H~~L ) <br /> <br />Before me, a Notary Public qualified in saidCounty~ <br />personally came Kenneth E. Hilliga5, Vice-Presid.ent ofG~an4, <br />Island Industrial Foundation, a corporation, knownto;me"to <br />be the Vice-President and identical"person wno signed. the <br />foregoing instrument, and acknowledged the execution thereof <br />to be his voluntary act and deed as such o+zrr.cer d the <br />voluntary act and deed or said corporation. ~ c-"! <br />Witness my hand and Notarial Seal ont. ~~ <br />1984. ~/ <br />-.:o'r~"'" / '/ /1 c ~ <br />......&p.... U.1_ , Lv~ <- ?I/l <br /> <br />Notary1Public <br /> <br /> <br />STATE OF NEBRASKA ) <br />(S5: <br />COu~TY OF HALL ) <br /> <br /> <br />~:r'f"~ 'i~41f.~l <br /> <br />,_;:,J~-:'~;;::,:.c ~""',..~. ~ >~",",.'. ,~"_:'"{ <br /> <br />I .A "If'U-l \'~~ .~'1 <br /> <br />L~: <br />~~~-~,-.~.': '-: <br /> <br />'- ( <br />Notary PubllC <br /> <br />__J <br /> <br />-2- <br />