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2oo9oso4s recorded in Book 47, Page 282; except a tract more particularly described in Deed recorded in Book 47, Page 615 grid except a tract of land more particularly described in Warranty Deed recorded in Book 135, Page 471. 2. The terms, conditions and restrictions of the Conservation Easement are as follows: a. Grantor hereby agrees to relinquish all claims to the right to divert surface water and apply it to the Property described hereinabove in accordance with any and all surface water appropriations granted by the Nebraska Department of Natural Resources, including, but not limited to, surface water appropriation number A-15880 with a priority date ofJ'une 1, 1981. Grantor further agrees to sign and deliver to the District far filing with the Nebraska Department of Natural Resources, all appropriate forms required by the Nebraska Department of Natural Resources to permanently and completely relinquish all surface water appropriations for the Property described hereinabove, including, but not limited to, surface water appropriation number A-1 S8$0. b. Grantor further agrees that no use of the water from a natural stream, regardless of whether or not a permit for such use is required from the Nebraska Department of Natural Resources or any successar agency, shall be made on the Property except for providing water for range livestock on the Property. Grantor further agrees that no applications for permits to appropriate surface water shall be applied for with the Nebraska Department of Natural Resources, or any successor agency, for the Property described hereinabove. 3. This Conservation Easement shall be perpetual. It is appurtenant and runs with the land as an incorporeal interest in the Property and shall be enforceable against any owner or other person having any interest in the above described property including the Grantor, all persons or entities holding any interest acquired through the Grantor and all Grantor's heirs, successors, assigns and personal representatives. 4. It is the Grantor's intent, through this Deed of Conservation Easement, to permanently transfer and surrender any rights that they or their successors, heirs, assigns or personal representatives may have to irrigate the above-described property with surface water except as allowed or permitted by the District in accordance with its rules and regulations. 5. Upon any breach of the terms of this Conservation Easement by the Grantor, the Grantee may, after reasonable notice to the Grantor, institute suits to enjoin any breach or enforce any covenant by ex parte, temporary, and/or permanent injunction either prohibitive or mandatary. The Grantee's remedies shall be cumulative and shall be in addition to any other rights and remedies available to the Grantee at law or equity. If the Grantor is found to have breached any of the terms of this Conservation Easement, the Grantor shall reimburse the Grantee for any costs or expenses incurred by the Grantee, including court costs and reasonable attorney's fees to'the extent permitted by applicable law. No failure on the part of the Grantee to enforce any term of this Conservation Easement shall discharge or invalidate such term or any 2