|
<br />t
<br />
<br />200902855
<br />
<br />1. Term ofUsal!e Right. So long as the aforedescribed irrigation well shall continue
<br />to produce water without the need that it be re-drilled, First Party and Second Party, together
<br />with all heirs, successors and assigns to them, shall be entitled to utilize such irrigation well for
<br />the purpose of providing irrigation water to the First Party's Tract and Second Party's Tract.
<br />
<br />2. Easement for Access. In addition to the usage grant in respect to the irrigation
<br />well which is the subject of this Agreement, so long as the aforedescribed irrigation well shall
<br />continue to produce water without the need that it be re-drilled, First Party hereby grants and
<br />conveys unto Second Party, their heirs, successors and assigns, an easement for access to,
<br />together with rights of ingress and egress, over, under, on and across, that real estate described
<br />as:
<br />
<br />The North Half ofthe Southwest Quarter (N1I2SW1I4) of Section Nine (9),
<br />Township Ten (10) North, Range Twelve (12) West of the 6th P. M., Hall
<br />County, Nebraska;
<br />
<br />and Second Party hereby grants and conveys unto First Party, their heirs, successors and assigns
<br />an easement for access to, together with rights of ingress and egress, over, under, on and across,
<br />that real estate described as:
<br />
<br />The South Half of the Southwest Quarter (S 1I2SWl/4) of Section Nine (9),
<br />Township Ten (10) North, Range Twelve (12) West of the 6th P.M., Hall County,
<br />Nebraska;
<br />
<br />for the purposes of utilizing the irrigation well, including the placement of such pipe and power
<br />units as may be necessary to convey water from such irrigation well to the First Party's Tract and
<br />Second Party's Tract and to permit First Party and Second Party to inspect, maintain, operate,
<br />repair and make replacements in respect to component parts of such irrigation well, pump,
<br />gearhead drive, power unit or the pivot.
<br />
<br />3. Ongoing Obligations of First Party and Second Party. Such easements and grants
<br />of usage rights herein conveyed by First Party to Second Party, their heirs, successors and
<br />assigns, and by Second Party, their heirs, successors and assigns by First Party are conditioned
<br />upon First Party, and any subsequent owner of First Party's Tract, together with Second Party,
<br />and any subsequent owner of Second Party's Tract, each bearing one-half (1/2) of all
<br />maintenance costs, repairs and expenses associated with the operation, use and replacement of
<br />said well, pump, gearhead drive, power unit and pivot which may be required to provide an
<br />adequate supply of irrigation water, including all horsepower charges as may be assessed for its
<br />operation.
<br />
<br />4. Effect of Breach of Mutual Oblilzations. Until such time as the First Party, her
<br />heirs, successors and assigns and the Second Party, his heirs, successors and assigns shall
<br />mutually otherwise agree, in the event either First Party, her heirs, successors or assigns or the
<br />Second Party, his heirs, successors and assigns shall fail to pay their allocable share of one-half
<br />(1/2) of all costs, repairs, expenses and necessary replacements associated with said well and
<br />related and attached equipment herein described, the non-breaching party shall have the right to
<br />file a legal proceeding in any appropriate court to collect contribution for all such items,
<br />including, to the extent permitted by applicable law, all attorney fees incurred for the collection
<br />of such contribution.
<br />
<br />5. Character of Licenses and Easements. The licenses for use and easements herein
<br />granted and the effect of this Well Usage Mutual License Agreement shall be perpetual and
<br />deemed to run with the land herein described until such time as the parties hereto or their heirs,
<br />
|