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�� <br />� <br />� �rr�' <br />�N� <br />� �� <br />� �� <br />� ��^ <br />N = <br />� <br />� �� <br />� <br />�.r.. <br />� <br />�� <br />� <br />• <br />� <br />� <br />� <br />� <br />�nr � <br />�. <br />� <br />C <br />� N � <br />� � <br />n � <br />e �A <br />f"1 = <br />� <br />� <br />� <br />ASSIGNMENT OF EASEMENT <br />�.. <br />; .�: r a c. � <br />�-.� �> _. { <br />C I:� <br />` y �'� --� <br />r '� � �� � � <br />�� —� <br />W a c -..._... � � C.:? <br />CM �:; ,�• � � <br />...�., �� , _7 .. � _..,," <br />C.7 (,,,�.V .� �.. <br />r*i S � � ;a cz� <br />r � T � � r"- �7 <br />C;] r ` .� <br />� <n <br />, c..� � <br />�, ..� � <br />�7 cn <br />cn <br />-- KNOW ALL MEN BY THESE PRESENTS that DTE Rail Services, Inc., a <br />Michigan corporation ("Assignor"), for good and valuable cansideration, the receipt of which is <br />hereby acknowledged, does heareby grant, assign, transfex, quit claim and set over to FreightCax Rail <br />Serviccs, LLC, a Delaware limited liability company ("Assignee"), all of Assignor's right, title and <br />interest as the assignee under that certain Depart�ment of the Anmy Assignment of Easement <br />Interests for Access Roads and Railroad Facilities and Bill of Sale far Rails, Ties, Beds and Ballast <br />Lacated on Comhusker Artny Ammunition Plant Hall County, Nebraska dated December 27, 2005, <br />and recorded as Instiument No. 200600528 with the Hall County Register of Deeds, in and to the <br />easements described in Exhibit A attached hereto, but subject ta the matters set farth in Exhibit B <br />attached hereto. <br />Assignor covenants with Assignee that Assignor: <br />(A) is lawfully seised of such easement rights and tracks and that the same are <br />free from all liens, claizns, areservations, restrictions and encumbrances, except: (l) as specifically <br />provided in Instru�ment No. 200600528 so that the rights granted and the warranties made herein are <br />subject to the rights and warranties granted in Instrument No. 200600528, and (2) far all easements, <br />restrictions and covenants of record and the matters set forth in Exhibit B, and further, although <br />Assignor is unaware af any easements, restrictians or covenants not of recard, Assignor is nat <br />covenanting with Assignee with respect to the sarne, if any; <br />(B) has legal power and lawful authority to convey the same; and <br />(C) subject to the foregoing, warrants and will defend title to the title against the <br />lawful claims of all persons claiming the sarne or any part thereof through, by or u�nder Assignor. <br />TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns. <br />Executed effective as of November 1, 2010. <br />DTE RAIL SERVICES, INC. <br />a Michigan corporation <br />By: , <br />Name: Matthew Paul <br />Its: President <br />#13360051 vl(135642.2) <br />� � <br />� � <br />Cf'i <br />C»'� v <br />�^� � <br />�7 � <br />C�? � <br />� � <br />rv � rn <br />� � <br />� <br />r <br />"�.� p <br />