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• ~ ~ ~aioass34 A tract of land comprising a part of Lot Ten (10), Westgate Sixth Subdivision, in the City of Grand Island, Hall County, Nebraska more particularly described as follows: Beginning at the northeast corner of said Lot Ten (10); thence running southerly along the east line of said Lot (10), a distance of Twenty-One (21.0) feet, to the ACTUAL point of beginning; thence deflecting right 90°00'00" and running westerly a distance of Fifty-Six (55.0) feet; thence deflecting left 90°00'00" and running southerly a distance of One Hundred Twelve (112.0) feet; thence deflecting left 90°00'00" and running westerly a distance of Eight (8.0) feet; thence deflecting right 90°00'00" and running southerly a distance of Thirty- Eight (38.0) feet; thence deflecting left 90°00'00" and running easterly a distance of Forty-Eight (48.0) feet, to a point on the easterly line of said Lot Ten (10); thence deflecting left 90°00'00" and running northerly on the easterly line of said Lot Ten (10), a distance of One Hundred Fifty (150.0) feet, to the ACTUAL point of beginning ("easement area"). 2. Fischer shall: (a) Restripe the existing parking stalls within the easement area by October 1, 2010 and at least annually thereafter. Such restriping shall be done by Mehring Construction Company, L.L.C. and the cost and expense thereof shall be paid by Fisher; and (b) Keep the easement area free of litter, snow, ice and debris and the cost and expense thereof shall be paid by Fisher. (c) Maintain the easement area in good repair by repairing any potholes, chuckholes, cracks or similar types of disruptions in the surface of the easement area that now exist or that hereafter develop and resurfacing the easement area when necessary. So long as Mehring or its successors and assigns, together with any of the tenants, licensees, employees and business invitees of either of the foregoing, continues to routinely use heavy machinery on the easement area, the cost and expense of repairing or resurfacing the easement area shall be split equally between among Mehring and Fisher. However, in the event Mehring or its successors and assigns, together with any of the tenants, licensees, employees and business invitees of either of the foregoing, discontinues using heavy machinery on the easement area, the cost and expense of repairing or resurfacing the easement area shall be paid by Fisher; In all other respects, the parties hereto ratify and affirm the terms and conditions of the Easement Agreement. (Signature Page to Follow) 2