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<br />201009i'73
<br />execute the necessary doc�unentation to transfer its rights, title and interest of the lmprovements
<br />to Licensar.
<br />6. Inspection of the Licensed Property. Licensee acknawledges that it has had
<br />adequate opportunity to insp�ct the Licensed Property, knows its condition and agrees that the
<br />License is granted without any representation or warranty by Licensor.
<br />7. Maintenance of Licensed Pro�ertv. At all times the License is in effect,
<br />Licensee shall maintain the Licens�d Property and the Property Railroad Track, including
<br />reasonable mowing and weedin�, at its sole cost and expense. Licensee shall be fully
<br />responsible for any and all harm caused to the Property by exercising its rights under the
<br />License.
<br />8. Indemnification and Hold Harmless. Licensee agrees to indemnify and hold
<br />Licensor, its of�cers, directors, ernployees and agents, harmless from any and all claims,
<br />damages, fines, assessments and expenses, including, but not limited to, reasonable attorney fees,
<br />to the extent arising out of or in any manner related to Licensee's use of the Licensed Property or
<br />the License by Licensee, its officers, directors, shareholders, employees, agents, licensces,
<br />invitees or other persons acting by or tk�rough Licensee, directly or indirectly; provided, howevcr,
<br />such indemnification shall not apply to the extent such claims, damages, fines, assessments and
<br />expenses, including, but not limited to, reasonable attorney fees, arise out of or in any manner
<br />relate to Licensor's or Licensor's officers, directors, shareholders, employees, agents, licensees,
<br />invitees or other persons acting by or throu�h Licensor, directly or indirectly, acts or omissions.
<br />9. Disclosures and Covenants. The Licensed Froperty is subject to the reservations,
<br />easements, restrictions and covenants of the United States of America as set forth in the Quit
<br />Claim Deeds dated August 5, 2008, filed October 30, 2008 as Instrument Nos. 0200809097,
<br />0200809098, 0200809099, and 0200809100 in the Office of the Register of Deeds of Hall
<br />County, Nebraska, whereby Seller obtained title to the Property (the "Quit Claim Deed"). The
<br />Quit Claim Deed sets forth certain notice5 of the condition of the Licensed Property (the
<br />"�;nvironmental Disclosures") as well as reservations, restrictions and easements, related to the
<br />environrnental condition of the Licensed Property (the "Fnvironmental Conditions"). Licensee,
<br />on behalf of itsclf and its permitted successars and assigns, covenants and agrees that it
<br />acknowledges the �nvironmental Disclosures and the Environrnental Conditions and shall be
<br />bound and take possession of the Licensed Property subject to the Environmental Disclosures
<br />and Environrnental Conditions and fizrthcr covciaants that:
<br />a. The United States of America is a third party beneficiary of the Environmental
<br />Disclosures and Environmental Conditions; and
<br />b. Licensee and its permitted successors or assigns, shall neither transfer, lease nor
<br />grant any interest, privilege ar license whatsoever in connection with the Licenscd
<br />Property without inclusion of the Environmental Disclosures and Environmental
<br />Conditions and shall require the inclusion of such Environmental Disclosures and
<br />Environmental Conditions in all future deeds, transfers, leases, or grants of any
<br />interest, privilege or license in the Licensed Froperty.
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