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EASEMENT AND WATER USE AGREEMENT This agreement entered into by and between Donald F Moss and Donna L Moss, (Party One); and Donald F Moss and Donna L Moss (Party Two); WHEREAS, Party One is the owner of the following described real estate, to-wit: The North Half of the Northeast Quarter (N'/2NE'/4) of Section 20, Township 10 North, Range 12 West of the 6"' P.M., Hall County, Nebraska. WHEREAS, Party Two is the owner of the following�lescribed real estate, to-wit: The West Half of the Southeast Quarter (W'/zSE'/4) of Section 17, Township 10 North, Range 12 West of the 6 P.M., Hall County, Nebraska WHEREAS, the two tracts adjoin each other and the parties wish to enter into an agreement whereby Party One will supply water from a well located on the above described real estate owned by Party One. The well will supply water to an irrigation system that will irrigate the farm ground on both tracts of the above described real estate; WHEREAS, it is the intention of the parties that Party Two be granted a permanent and perpetual easement to install and erect the irrigation system and then to maintain, repair, replace, remove, and use the irrigation system to water its crops as necessary across Party One's property; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Party One does hereby grant, bargain, sell and convey to Party Two:. A permanent and perpetual easement to install, erect, maintain, repair, replace, remove, and use the irrigation system installed by Party Two to water its crops across Party One's property including rights of ingress and egress to service, maintain and repair the irrigation system. This easement shall run with the land and shall be permanent in nature. 2. The right to use the water produced by Party One's irrigation well in the irrigation system is to water its crops in the normal course of irrigation. IN WITNESS WHEREOF, the parties sign this easement on February �, 20ll . � � � �1 � ; .�- . . �, �.� �� . � 1/� Par Two: . ��1� Donald F Moss STATE OF NEBRASKA) )SS County ' �° ) �� � ii� ��; � `-- �� • i I� • ul,. i ��.t� � �� . On this �_ day of February, 2011, before me the undersigned Notary Public, personally appeared Donald F Moss and Donna L Moss, to me known to be the individual(s) described in and who executed the foregoing instrument, and acknowledged that he/she signed the foregoing instrument as his or her free and voluntary act and deed, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I hereunto set my hand and official seal. GENERAL NOTARY- State of Nebraska '�'(SEAIf�DI L. CARPENTER — My Comm. Exp. May 25, 20t1 Not ry Public My commission expires: � ��// � O � Q W Prepared by: First Dakota National Bank/Dakota MAC, PO Box 495, Yankton, SD 57078