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m <br /> M <br /> MIMIMINIM dliP ---4 ITV <br /> N..) MIMI= ' e` M 411 4) F;) .e* -4 r....) :). <br /> (S) mmi■Iliml <br /> Lvil re. = ' x - --rj (=) <br /> Cn �'. N ,r C J t, -+ Z <br /> 0) •• , ...l CD U1 <br /> ■■• (n t Pr OD <br /> NIMMEINIME <br /> CJ1 c,, p O <br /> CP <br /> Return to: Steptoe & Johnson PLLC 2 ,t <br /> Post Office Box 1588 <br /> Charleston, WV 25326-1588 <br /> Attn: Mr. Joseph G. Bunn, Esq. <br /> ASSIGNMENT OF EASEMENT <br /> THIS ASSIGNMENT OF EASEMENT is made and entered into on this 30�' day of <br /> September, 2015. FreightCar Rail Services, LLC, a Delaware limited liability company <br /> ("ASSIGNOR'), for good and valuable consideration, the receipt of which is hereby <br /> acknowledged, does hereby grant, assign, transfer, quit claim and set over to ARS Nebraska, <br /> LLC, a Delaware limited liability company ("ASSIGNEE'), all of ASSIGNOR's right, title and <br /> interest granted to ASSIGNOR under that certain Assignment of Easements from DTE Rail <br /> Services, Inc., dated November 1, 2010 and recorded November 5, 2010 as Instrument No. <br /> 201008265 with the Hall County Register of Deeds, a copy of which is attached hereto as <br /> Exhibit A, in and to the easements or such other rights described in such documents. <br /> ASSIGNOR covenants with ASSIGNEE that ASSIGNOR: <br /> (1) is lawfully seised of such easements and other rights and tracks and that the same <br /> are free from all liens, claims, reservations, restrictions and encumbrances, except <br /> that the rights granted and the warranties made herein are subject to the rights and <br /> warranties as specifically provided in Exhibit A and further, although <br /> ASSIGNOR is unaware of any easements, restrictions or covenants not of record, <br /> ASSIGNOR is not covenanting with ASSIGNEE with respect to the same; <br /> (2) has legal power and lawful authority to convey the same; and <br /> (3) subject to the foregoing, warrants and will defend title to the rights and tracks <br /> herein conveyed against the lawful claims of all persons claiming the same or any <br /> part thereof through,by or under ASSIGNOR. <br /> TO HAVE AND TO HOLD the same unto ASSIGNEE, its successors and assigns. <br />