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`. � _` �' i� � �� t� �� : ACCESS EASEMENT AGREEMENT T�� Access Ea�ement Agreement is made and entered into this � Z ' day of , 2011, by and between MARK E. BOLTON and KELLEE S. BOLTON, hus d and wife, hereinafter referred to as BOLTON; BRADLEY KROEGER and JILL R. KROEGER, husband and wife, hereinafter referred to as KROEGER; DAVID B. HORAK and LEANN M. HORAK, husband and wife, hereinafter referred to as HORAK; and MIDLAND AG SERVICE, INC., a Nebraska Corporation, hereinafter referred to as MIDLAND. � � . , a. BOLTON is the owner of a part of the Northwest Quarter (NW'/4), Section Three (3), Township Twelve (12) North, Range Ten (10) West of the 6 P.M., Hall County, Nebraska. b. KROEGER is the owner of the North Half (N'/Z), Section Four (4), Township Twelve (12) North, Range Ten �10) West of the 6 P.M., Hall County, Nebraska. c. HORAK is the owner of the South Half (S'/:), Section Thirty-Five (35), Township Thirteen (13) North, Range Nine (9) West of the 6 P.M., Howard County, Nebraska. d. MIDLAND is the owner of the Southeast Quarter (SE'/) of Section Thirty- Three (33) and the South Half (S'/Z) of Section Thirty-Four (34), all in Township Thirteen (13) North, Range Ten (10) West of the 6 P.M., Howard County, Nebraska. e. Landowners adjac�nt to the Loup River Road petitioned the Howard County Supervisors and the Hall County Supervisors to vacate a portion of the Loup River Road, a portion which is adjacent to the properties by all the parties hereto. f. On or about September 14, 1993, the Hall County Board of Supervisors voted unanimously to abandon its northerly thirty-three (33) feet of right-of-way known as the Loup River Road, copy of which is attached hereto and marked as Exhibit "A". g. On or about July 28, 1993, the Howard County Board of Supervisors voted unanimously to abandon it southerly thirty-three (33) feet of the right-of-way known as the Loup River road, copy of which is attached hereto and marked as Exhibit "B". h. MIDLAND is negotiating the sale of its real property described hereinabove and a preliminary title report found that MIDLAND had no legal access to its property, and therefore, the title insurance company has informed MIDLAND that it would not issue a policy based upon the fact that MIDLAND had no legal access to convey to a subsequent purchaser. i. BOLTON, KROEC'TER, and HORAK have agreed with MIDLAND to grant MIDLAND a perpetual non-exclusive easement over and across that portion of their respective properties which they acquired pursuant to the abandonment and vacation of the Loup River Road by the Howard and Hall County Boards of Commissioners.