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84005196
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11/20/2008 9:24:42 PM
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11/20/2008 9:24:41 PM
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84005196
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<br />84- 005198 <br /> <br />for the lead track and at anytime thereafter Granteer its <br />successors or assigns desires to expand the service of the <br />lead track to other tracts of landr then Grantee shall make <br />payment to Grantor r i ".s successors or assigns r for an amount <br />equal to the lesser of (i) the original cost to Grantor of <br />that part of the railroad tract which Grantor initially <br />built for its own use and which will serve additional tracts <br />under the expanded service plus compound interest on that <br />cost at twelve percent (12%l per annum until the amount is <br />paid or (iil the then replacement cost of that portion of <br />the railroad track to be paid for initially by Grantor which <br />will become lead track for the joint use by Gr'antorand <br />others. <br /> <br />4. If Granteer its successors or assigns builds the <br />lead track in the easement area then Grantorr its Granteesr <br />successors or assigns shall have the nonexclusiverighttQ <br />use that lead railroad track and to connectr at its expemse, <br />a private industrial railroad track to that railroadle.ad <br />track. <br /> <br />S. As additional consideration for the granting of <br />this eas~~ent, Grantee hereby assigns and grants to Delicious <br />Foods Co. and its Grantees, the nonexclusive right to build. <br />maintain and use a railroad lead track along and acro$sthe <br />eas&~ent area described in the General Private Easement of <br /> <br />Millard Warehouse, Grand Island~ which is attachsC- heret~ <br /> <br />iUld incorporated herein by this n: "erence as Exhibit "1;" <br />upon the same terms and cor.dib ;!1S. and pa}'T'.:>nt as the Grand <br />Island Industrial F'otl,f'riation (' ,:Cd do under that Millard <br />Warehouse General Private Easement. It shall be understood <br />that if either Delicious Foods Co. or Grand Island Industr~al <br />FOWldation does not build the le~d track across the Millard <br />Warehouse, Grand Island, easement area, then the other or <br />lts Grantees or assians may do so. <br />"-tt . <br />'~'l (".... 1 ,; <br />Dated t.his ~:j.,.; day of September, 1984. <br /> <br />GR.l\ND ISL.'\.ND INDUSTRIAL FOUNDATION, <br />A ~ebraska Corporation <br /> <br />--7:.' . - - , <br />i", '/~.A"'" -'lR. ~ ;y~.., , <br />"1 E' - ~. . '#,;t....~ <br />Kenneth E. Hilligas, <br />Vice-President <br /> <br />DELICIOUS FOODS CO" a corporation <br />7"f" ~,~/,'-;'. / <br />/ ~- </1/4/T--- <br />By::.........:..:.-.-r=, (/. / (~Ze .I...{".{ j <br />President <br /> <br />STATE OF NEBRASKA <br /> <br />5S:' <br /> <br />COUNTY OF HALL <br /> <br />Before me, a ~otary Public qualified in said Countv, <br />persona,l.Y came Kenneth E, Hil1igas, Vice-President of Grand <br />Islalld lndustrial Foundation, a corporation, known to me to <br />be the Vice-President and identical person who sit1ned the <br />foregoing instrument, and acknowledg~d the execution thereof <br />to be his voluntary act and deed as such and the <br />voluntary act and deed of said corporati,on~ <br />,\'itness my hand and 'wtarial Seal un <br />1984. <br /> <br /> <br />r, auw. HI..., -....... --1 <br />L1'L. HOWAAt; l::. TMCY I <br />~ It, c.a. 1:$.... Ill. <br /> <br /> <br />Public <br /> <br />
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