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85- 1'06373 <br />PERPETUAL DRIVEWAY EASEMENT <br />FOR VALUABLE CONSIDERATION, the receipt whereof is <br />hereby formally acknowledged, ELSIE M. WIESE, a single person, <br />of Hall County, Nebraska, does hereby grant to MID- CONTINENT <br />ENTERPRISES, INC., a Nebraska corporation, hereinafter referred <br />to as Grantee, an easement over, along and upon the hereinafter <br />described Subservient Estate in favor of the hereinafter <br />described Dominant Estate, but only on the terms and conditions <br />hereinafter expressed: <br />1. The Subservient Estate is that real estate which is <br />specifically described upon Exhibit "A" which is attached hereto <br />and made a part hereof by this reference. <br />Z. The Dominant Estate is that real estate which is <br />legally described on Exhibit "B" attached hereto and made a <br />part hereof by this reference. <br />3. The Initial Easement Area is limited to the southerly <br />sixteen feet (161) of the Subservient Estate and to that portion <br />of the westerly sixteen feet (16') of the Subservient Estate <br />which lies between the southerly boundary of the Dominant <br />Estate and the southerly boundary of the Subservient Estate. <br />9. The owner of the Dominant Estate, its successors, <br />assigns, grantees, and persons having the permission of such <br />owners may use the easement area, on a non - exclusive basis, <br />for the purpose of ingress and egress to and from the Dominant <br />Estate over and upon said easement area by any lawful means <br />of surface transportation. <br />5. This easement shall become effective immediately <br />upon the execution of this document and shall continue in full <br />force and effect forever; provided only, that at its option <br />the owner of the Subservient Estate shall have the right to <br />cancel this Perpetual Easement by substituting for the Initial <br />Easement Area any other area not less than sixteen feet (16') <br />in width which will provide the Dominant Estate with ingress <br />and egress to and from any public road, street or highway. <br />6. By accepting this Easement Mid- Continent Enterprises, <br />Inc. does hereby consent to the formation thereof and does <br />hereby agree that as the Contract Purchaser of the Subservient <br />Estate it will not nor will its successors or assigns object to <br />Grantor's title by reason of the existence of this Easement. <br />7. This Easement is to be a covenant and an appurtenance <br />to the Dominant Estate,is to run with the ground and to be <br />fully binding upon all persons claiming any right, title, claim <br />and interest to the Subservient Estate all in favor of the <br />owners of the Dominant Estate. Moreover, no release of this <br />Easement shall be binding upon any person, firm or corporation <br />holding any type of lien against the Dominant Estate at the <br />time of the purported release unless the lien holder agrees <br />to the release of the Easement. <br />Executed at Grand Island, Hall County, Nebraska this <br />day of October, 1979. <br />Ela a M. lose <br />MID - CONTINENT ENTERPRISES, INC. <br />V nBi fire rt <br />