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200905803 <br />All that portion of the following described property located south of S Nebraska <br />Highway 11: Lots Two (2) and Three (3), on Mainland and the Southeast Quarter <br />(SE'/) of Section Twenty (20), Township Nine (9) North, Range Eleven (11) <br />West of the 6th P.M., Hall County, Nebraska, EXCEPTING certain tracts mare <br />particularXy described in Deed recorded in Book 132, Page 127; Deed recorded in <br />Book 135, page 477; Warranty Deed recorded as Document No. 96-101427; all of <br />Derr Subdivision, plat recorded as Document No. 98-111125 and Warranty Deed <br />recorded as Document No. 200214417. <br />2. The terms, conditions and restrictions of the Conservation Easement are as follows: <br />a. As used in this Conservation Easement, the term "vegetation" will refer to current <br />type and management of plant species as described in Exhibits " 2" and " 3" <br />attached hereto and incorporated herein by this reference. <br />b. As used in this Conservation Easement, the term "water well" shall mean any water <br />well as that term is defined in Nebraska statutes. <br />No water well capable of pumping mare than SO gallons per minute may exist or be <br />constructed on the Property. Any water well that exists on the Property on, the date <br />of this Conservation Easement and that is capable of pumping mare than SO gallons <br />per minute shall be decommissioned in accordance with all applicable statutes, <br />rules and regulations or permanently reduced in capacity so that it is incapable of <br />pumping more than 50 gallons per minute. Except that any irrigation well existing <br />on the Property on the date of this Conservation Easement that was previously used <br />to irrigate other land in addition to the Property may continue to be used to irrigate <br />the other land. Only land previously certified by the District for irrigation by that <br />well maybe imgated. No additional land may ever be irrigated with the well, The <br />pipes, pivot, and any and all other equipment formerly used to irrigate the Property <br />must be permanently removed, detached, or otherwise disabled to the satisfaction <br />of the District. <br />d. Water wells capable of pumping 50 gallons per minute or less individually but in <br />excess of SO gallons per minute collectively may not be clustered or joined nor may <br />the water from such wells be commingled or in any other way combined unless the <br />wells are used as described in Paragraph 2.c. above. <br />e. Water wells capable of pumping 50 gallons per minute or less maybe used to <br />provide water on the Property for (1) household and other domestic uses, or (2) <br />watering range livestock. <br />f. No use of the water from a natural stream, regardless of whether or not a permit for <br />such use is required from the Nebraska Department of Natural Resources ar any <br />2 <br />