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`� __ �� �� - N �� � = � = 0 �� �� e s —� �� ..�� � �� � . .. IR1 C 1 v � � � � � �e�ee � � � at � � � �` � l �' g ,. r � �. a r , � r � ,__ o �� � � rn L7 -• CIe —� rn � � o � �-;, c a -,., �-,. o � � m � � v � c� cn o --i C D z m � '� o o �l Tt Z S (T1 D C� r � r n � x n �� cn � 01/�'�'y�'c� LAND USE AGREEMENT O N O I--+ � 0 s s O O THIS AGREEMENT IS ENTERED INTO between Michael T. Leaman and Ralisa E. Leaman , husband and wife, � whose mailing address is 2829 Fort Worth Avenue, Grand Island, Nebraska 68803, who own land identified on the attached ��`— Exhibit "B" (hereinafter referred to as the "Users property"), and telephone number is (308) 382-9312 (hereinafter referred to as the "User"), and Platte River Recovery Implementation Foundation, Trustee (hereinafter referred to as the "Owner"). 1. DESCRIPTION OF PROPERTY. The Owner hereby agrees to allow the User to use for the activities set forth in Paragraph 3 real estate owned by the Owner and located in the Southwest Quarter (SW 1/4) of Section 18, Township 9 North, Range 11 West of the 6�' P.M., Hall County, Nebraska, consisting of approximately five (5) acres, all of which is shown more particularly on the attached Exhibit "A" that is made a part hereof by this reference (hereinafter referred to as"the Property"). The access to the Property shall be by foot as shown on Exhibit "A". 2. TERM OF AGREEMENT. The term of this Agreement shall be from June _, 2011 and shall stay in effect until the ownership of the Users property is transferred all or in part from the User. 3. USE AND OCCUPANCY. The Property herein identified may be used and occupied by the User, and its family, and guests, for access to volleyball pit use, hunting only as set forth in the Real Estate Purchase contract between User and Owner dated April l9, 2011, fishing, boating, wading, and swimming in the Platte River. Guests are permitted only if User or their children are present. No commercial hunting is allowed. Foot access will be allowed to the North Channel of the Platte River for putting in or taking out canoes by the User family and guests. No commercial use of this access is allowed. 4. CONSIDERATION. The only consideration between the parties is the mutual benefit being provided to each party. 5. USER'S AGREEMENTS. The User agrees that: (a) Removal of Personal Propertv. Upon termination of this agreement, the User shall have thirty (30) days to remove any and all personal property of the User, even though said property may be attached to the realty; provided, the User shall repair all damages to the Property caused by the installation and removal. Failure or refusal of the User to remove any or all of the personal property within such time period shall cause the User to forfeit all rights in and to such personal properiy and such personal property shall become the property of the Owner. (b) Indemnification of Owner. The User agrees to indemnify and hold harmless the Owner against all liability, loss, cost, damage, or expense sustained by the Owner arising out of, directly or indirectly, or due to the User's use of the Property or due to any accident or other occurrence causing injury to any person or persons or damage to property resulting from the User's use of the Property. The User shall keep in force User's own liability insurance policies as will fully protect the User and the Owner against claims against any and all persons for personal injury, death, or property damage occurring in or about the Property. (c) Owners Access. The Owner may cross the southeast corner of Users property to access the river boat ramp owned by the Owner. (d) Transfer of Propertv. If the User should sell or otherwise transfer all or part of the Users Property or upon the death of both parties known as User as defined in this agreement, the Agreement will terminate without further notice. (e) Delivery of Possession. The User agrees to yield possession of the Property to the Owner and vacate the Property at the expiration of the term of this Agreement without further notice. 6. OWNER'S AGREEMENTS. The Owner agrees that: (a) Real Estate Taxes. T'he Owner will pay all real estate ta�ces on the Property. (b) Sale of Propertv. If the Owner should sell or otherwise transfer the Property, the Owner will do so subject to the provisions of this Agreement. (c) Ouiet Enjovment. The Owner warrants that the Owner has the right to enter into an agreement in relationship to the Property, and will defend the User's possession against any and all persons whomsoever. 7. SUB-LEASE AND ASSIGNMENT. The User will not sublet nor assign this Agreement or any portion thereof without the express written consent of the Owner. Such consent shall be in the absolute discretion of the Owner. Page 1 of 5