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<br />RIGHT-Of-WAY GRANT
<br />SourceGas Distribution LLC
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<br />200810395
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<br />KNOW ALL MEN BY THESE PRESENTS:
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<br />That Pioneer Hi-Bred International, Inc., an Iowa corporation ("Grantor"), for itself, its heirs,
<br />successors and assigns, for and in consideration of the sum of Ten Dollars ($10.00), the receipt
<br />and adequacy of which is hereby acknowledged, does hereby grant, convey and confirm unto,
<br />SourceGas Distribution LLC, a Delaware limited liability company whose address is 370 Van
<br />Gordon Street, Lakewood, CO 80228, its successors and assigns ("Grantee"), a right-of-way and
<br />easement to survey, construct, install, inspect, maintain, renew, repair, remove, replace and
<br />operate pipeline(s) and appurtenances, including all above-ground structures associated therewith,
<br />for the transportation of natural gas or any other sub~tance which can be transported by pipeline, in,
<br />on, over, under, upon and through the following described lands, situated in portions of the
<br />Southwest Quarter of Section 17, Township 9 North, Range 9 West of the Sixth Principal Meridian,
<br />County of Hall, State of Nebraska, more particularly described as follows:
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<br />See Attached Exhibit "A"
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<br />(the "Subject Lands")
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<br />This Right-of-Way Grant is subject to any and all other easements, rights-of-way, variances,
<br />memorandums and/or agreements of record.
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<br />TO HAVE AND TO HOLD said right-of-way and easement unto Grantee so long as such pipelines
<br />and appurtenances, or any part thereof, shall be maintained, together with the right of ingress to
<br />and egress from the Subject Lands for the purposes herein stated, at the will of Grantee. Grantor
<br />retains the right to use and enjoy the Subject Lands, subject only to the right of Grantee to use the
<br />same for the purposes herein expressed, and subject to the limitations contained herein.
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<br />_ Grantor hereby binds himself, his heirs, executors, administrators, successors, and assigns
<br />to warrant and forever defend all and singular the right-of-way and easement herein conveyed unto
<br />Grantee, its successors and assigns, against every person whomsoever lawfully claims the same or
<br />any part thereof (effective term only if initialed).
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<br />Grantor hereby acknowledges that the consideration received herewith is full consideration for the
<br />right-of-way and easement granted herein, and also for damages to both the Subject Lands and
<br />growing crops occasioned by the initial installation of Grantee's facilities. Grantor reserves the right
<br />to cultivate, use and occupy the Subject Lands for any purpose consistent with the rights and
<br />privileges herein granted, and which will not interfere with or, in the sole judgment of Grantee,
<br />endanger any of the facilities thereon or Grantee's use thereof. Such reservation by Grantor shall in
<br />no event include the right: (i) to construct any buildings or structures of any kind; (ii) to impound,
<br />retain, collect or store any water; or (iii) to plant any trees or shrubs upon the right-of-way and
<br />easement granted herein without the express written consent of Grantee.
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<br />Grantee agrees to lay all pipelines at a sufficient depth to avoid interfering with cultivation of the soil,
<br />and to pay Grantor for damages to growing crops, fences or other improvements which may arise
<br />from the operations of Grantee. Any such damage, if not mutually agreed upon, shall be
<br />ascertained and determined by three disinterested persons, one appointed by Grantor, one by
<br />Grantee, and the third chosen by the two persons so appointed. The written award of a majority of
<br />such three persons shall be final and conclusive upon Grantor and Grantee.
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<br />It is agreed by Grantor that any payment of consideration due under the terms hereof may be made
<br />jointly to Grantor and any mortgagees of record at the time such payment becomes due. This
<br />Right-of-Way Grant and the duties and obligations created herein shall run with the land and shall
<br />be binding upon Grantor, Grantee and their respective heirs, devisees, successors and assigns.
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