Industry Track Agreement between Nebraska Northeastern Railway Company and NEDAK Ethanol, LLC (July 24, 2007)

 EXHIBIT 10.2 NEBRASKA NORTHEASTERN RAILWAY COMPANY INDUSTRY TRACK AGREEMENT THIS INDUSTRY TRACK AGREEMENT ("Agreement") made as of this 24th day of July, 2007, ("Effective Date") by and between NEBRASKA NORTHEASTERN RAILWAY COMPANY, a Nevada corporation ("Railroad"), and NEDAK ETHANOL, LLC, a Nebraska Limited Liability Company ("Industry"). WHEREAS, Industry desires to (i) construct and maintain railroad track on and over such rights and ownership as Railroad may have in certain real property in or near O'Neill, County of Holt, State of Nebraska as shown in heavy solid on Exhibit "A" and legally described on Exhibit "B" attached hereto and incorporated herein ("Railroad Track"); (ii) construct and maintain railroad track on and over certain real property to be leased by Industry, all as shown as heavy hatched on Exhibit "A" and legally described on Exhibit "B-1" ("Industry Track"); and WHEREAS, Industry desires that Railroad operate over the Railroad Track and the Industry Track (collectively, together with all appurtenances, called "Track"), to serve an ethanol transload facility operated by Industry in west O'Neill, County of Holt, State of Nebraska ("Transload Facility"), and Railroad desires to provide such service, subject to the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. OWNERSHIP. Railroad shall own the Railroad Track, and Industry shall own the Industry Track. Railroad hereby grants Industry, subject to all non-fee, underlying or reversionary interests, reservations, easements and other encumbrances, of record or otherwise, including the rights of the public, if any, in and to those portions of the property described on Exhibit "B" lying within boundaries of any public streets, alleys and thoroughfares, a non-exclusive easement to enter upon Railroad's real property to construct and maintain (but not to operate railroad locomotives, cars or trains) the Railroad Track pursuant to the terms of this Agreement. 2. CONSTRUCTION, MAINTENANCE AND OPERATION. (a) Industry shall be responsible for obtaining, without expense to Railroad, all necessary real property rights and public authority and permission, including applicable permits, for the construction and maintenance of the Track hereunder. Industry shall strictly comply with all laws, statutes, regulations, ordinances, orders, covenants and restrictions, or decisions of any court of competent jurisdiction, including, without limitation, those pertaining to environmental matters (collectively, "Legal Requirements") and other Railroad requirements relating to the use of the Track, Facilities or Equipment. (b) Industry shall at all times, and at its sole risk and expense, maintain, or cause to be maintained, the Track and all facilities and equipment (if any) thereon in a safe and satisfactory condition and in compliance with all applicable Legal Requirements. Maintenance means, among other things, providing proper drainage along the relevant portion of the Track, expeditiously keeping the Track free and clear of snow, ice, vegetation, structures, and other 1 

 obstacles, maintaining grade crossing warning devices, passive warning signs, gates, fences, barriers, roadways, track drainage facilities, lighting and track and other signals. Industry shall assure that the Track complies with the conditions of the Conditional Use Permit issued by the City of O'Neill in connection with the construction of the Transload Facility. Without relieving Industry from any of its obligations under this Agreement, Railroad may refuse to operate over the Track or use or enter the Facilities or contact the Equipment whenever Railroad, in its sole discretion determines that the same is unsatisfactory for Railroad's operation, entry or contact. If and when Industry has remedied such condition to Railroad's sole satisfaction, railroad shall resume operation over the Track or use of or entry into the Facilities or contact with the Equipment. Railroad's operation over the Track or use of or entry into any Facility or contact with any Equipment with knowledge of an unsatisfactory condition is not a waiver of Industry's obligations contained herein or of Railroad's right to recover for or be indemnified and defended against such damages to property or injury to or death of persons that may result therefrom. (c) Industry shall, at its sole expense, pay all costs for changes, repairs or alterations to the Industry Track that may be necessary to conform to any alterations of grade or relocation of the Railroad Track at the point of connection with the Industry Track, if such alteration of grade or relocation is required to comply with any Legal Requirement or is made for any other reason beyond Railroad's reasonable control. Railroad shall provide Industry reasonable notice should any such changes, repairs or alterations be required to Industry Track. (d) If Industry installs any gates or fencing across the Industry Track, or a track scale, unloading pit, loading or unloading device, adjustable loading dock, warehouse door, or any other structure (collectively, "Facilities") affecting the Industry Track, Industry shall be solely responsible for assuring the safe and satisfactory condition of the same and shall not allow any Facilities to be a source of danger to the safe operation of the Industry Track. Industry shall also be solely responsible for assuring the safe and satisfactory condition of all of Industry's equipment touching, used in conjunction with or affecting the Industry Track ("Equipment") and shall now allow any Equipment to be source of danger to the safer operation of the Industry Track. Before utilizing or unloading any equipment spotted onto the Industry Track, Industry shall inspect the same and all other Equipment and Facilities for the safety of persons working on or about these items to assure compliance with the foregoing. Industry shall utilize all Facilities, Equipment and spotted equipment so as not to affect negatively safe and efficient operation over the Industry Track. Industry shall, among other things: keep any gates across the Industry Track open whenever necessary, in Railroad's reasonable judgment, to enable Railroad to safely and efficiently operate over the Industry Track; keep unloading pits securely covered when not in actual use and at all times when the Track is being switched by Railroad; keep all doors firmly secured; and keep adjustable loading docks at warehouses securely fastened in an upright position when not in actual use and at all times when the Industry Track is being switched by Railroad, (e) Railroad may require for safety purposes that Industry, at its sole cost and expense, provide flagmen, lights, traffic control devices, automatic warning devices, or any such safety measure that Railroad reasonably deems appropriate in connection with Railroad's operation over the Industry Track. In the event Railroad provides reasonable notice to Industry that such safety measures are required, and Industry does not provide such safety measures, then Industry shall reimburse Railroad within thirty (30) days of receipt of bill therefor for all costs 2 

 expended by Railroad, including but not limited to the reasonable cost of Railroad's Flagman in connection with this Section 2(e). (f) In the event the public authority having jurisdiction thereover orders the separation of the grade of the Industry Track and any street, road, highway, other rail line or the like, Industry will cause the removal and/or relocation of the Industry Track. In the event Industry does not cause such removal and/or relocation of the Industry Track, then Industry shall reimburse Railroad all expenses which Railroad incurs in connection with the required removal and/or relocation of the Industry Track. (g) Neither Railroad nor Industry shall place, permit to be placed, or allow to remain, any permanent or temporary material, structure, pole, container, storage vessel, above-ground or underground tank, or other obstruction within 8 1/2 feet laterally from the center (nine and one-half (9-1/2) feet on either side of the centerline of curved Track) or within 24 feet vertically from the top of the rail of said Track ("Minimal Clearances"), provided that if any Legal Requirement requires greater clearances than those provided for in this Section 2(g), then Railroad and Industry shall strictly comply with such Legal Requirement. Industry shall not place or allow to be placed any freight car within 250 feet of either side of any at-grade crossings on the Track. Railroad's operation over the Track with knowledge of an unauthorized reduced clearance will not be a waiver of the covenants of Industry contained in this Section 2(g) or of Railroad's right to recover and be indemnified and defended by Industry against such damages to property, or injury to or death of persons, that may result therefrom. (h) Upon termination of this Agreement, the Railroad Track shall be the sole property of Railroad without further cost or expense, and the Industry Track shall be the sole property of Industry without further cost or expense. 3. RAIL SERVICE (a) Railroad agrees, pursuant to the provisions of this Agreement, its tariffs, circulars, rules and rail transportation contracts, to operate over the Track in the delivery, placement and removal of railcars consigned to or ordered by Industry, at such times established by Railroad. Railroad may also use Industry Track for its own general or emergency operating purposes, so long as such purposes do not materially affect the use of the Industry Track for rail service to Industry, provided, further that such use shall not be as a common carrier subject to the entry or exit jurisdiction of the Surface Transportation Board pursuant to the ICC Termination Act or any other federal or state statute or regulation. (b) Industry shall not permit the use of the Industry Track by or for the account of third parties without the written consent of Railroad. If such use occurs without such consent, Industry assumes the same responsibilities, as stated in this Agreement for such use as if for its own account. Railroad shall not be required to provide rail service to such third parties. (c) Railroad shall be deemed to have delivered any railcar consigned to or ordered by Industry when such railcar has been placed at the Transload Facility, so as to allow access by Industry, and Railroad's locomotive has uncoupled from the railcar. At that time, Railroad shall be relieved of all liability as a carrier or as a bailee, and possession of the railcar and its contents 3 

 shall be transferred to Industry. Similarly, any obligation of Railroad as a carrier or as a bailee shall not begin until it has coupled its locomotive to the loaded railcar and departed the Transload facility. (d) Industry is responsible for all railcars and their contents while in Industry's possession and assumes all responsibility for payment of all damage to any rail and its contents that may occur during that time, even if caused by third parties. (e) If Railroad is unable to deliver a railcar at the Transload Facility for loading or unloading due to the acts of Industry or any third party, then such railcar will be considered as constructively placed for demurrage purposes at the time of attempted delivery. 4. TERM. Unless earlier terminated as provided herein, this Agreement will be in force for the term of five (5) years from the Effective Date, and will automatically continue thereafter until terminated by either party giving to the other thirty (30) days' written notice. 5. INDEMNITY. (a) For purposes of this Agreement: (i) "Indemnitees" means Railroad and Railroad's affiliated companies, partners, successors, assigns, legal representatives, officers, directors, shareholders, employees and agents; (ii) "Liabilities" means all claims, liabilities, fines, penalties, costs, damages, losses, liens, causes of action, suits, demands, judgments and expenses (including, without limitation, court costs, reasonable attorneys' fees and costs of investigation, removal and remediation and governmental oversight costs) environmental or otherwise; and (iii) "Industry Parties" means Industry or Industry's officers, agents, invitees, licensees, employees, or contractors, or any party directly or indirectly employed by any of them, or any party they control or exercise control over. (b) INDUSTRY SHALL RELEASE, INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY CLAIM RESULTING FROM THE OPERATION OF RAIL LOCOMOTIVES, CARS, OR TRAINS OVER ANY PUBLIC OR PRIVATE CROSSING LOCATED ON THE INDUSTRY TRACK, REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNITEE. (c) INDUSTRY SHALL RELEASE, INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY CLAIM THAT BY VIRTUE OF THE USE OF THE TRACK CONTEMPLATED IN THIS AGREEMENT, UNDER CERCLA OR OTHER ENVIRONMENTAL LAWS RAILROAD IS (I) AN "OWNER", "OPERATOR", "ARRANGER" OR "TRANSPORTER" OF THE INDUSTRY TRACK OR THE FACILITY, OR (II) OTHER THAN A COMMON CARRIER WITH RESPECT TO THE TRACK, REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNITEE. (d) IF ANY EMPLOYEE OF ANY INDUSTRY PARTY CLAIMS HE OR SHE IS AN EMPLOYEE OF ANY INDEMNITEE, INDUSTRY SHALL INDEMNIFY AND 4 

 HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY SUCH CLAIM, INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATED TO PROCEEDINGS UNDER OR RELATED TO THE FEDERAL EMPLOYERS' LIABILITY ACT, THE SAFETY APPLIANCE ACT, THE BOILER INSPECTION ACT, THE OCCUPATIONAL HEALTH AND SAFETY ACT, THE RESOURCE CONSERVATION AND RECOVERY ACT, AND ANY SIMILAR STATE OR FEDERAL STATUTE AND REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNITEE RELATED TO SUCH CAUSES OF ACTION. (e) INDUSTRY SHALL RELEASE, INDEMNIFY, DEFEND, AND HOLD THE INDEMNITEES HARMLESS FROM AND AGAINST ANY LIABILITIES ARISING OUT OF OR RELATED TO (IN WHOLE OR IN PART) ANY CLAIM RESULTING FROM ANY BREACH BY INDUSTRY OF THIS AGREEMENT THAT HAS NOT BEEN CURED AS PROVIDED HEREIN. (f) Upon written notice from Railroad, Industry agrees to assume the defense of any lawsuit or other proceeding brought against any Indemnitee by any entity, relating to any matter covered by this Agreement for which Industry has an obligation to assume liability for and/or save and hold harmless any Indemnitee. Industry shall pay all costs incident to such defense, including, but not limited to, reasonable attorneys' and investigators' fees, reasonable litigation and appeal expenses, settlement payments, and amounts paid in satisfaction of judgments. 6. INSURANCE. (a) Industry shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: (i) Commercial General Liability insurance that contains broad form contractual liability with a combined single limit of a minimum of $1,000,000 each occurrence and an aggregate limit of at least $2,000,000. Coverage must be purchased on a post 1998 ISO occurrence or equivalent and include coverage for, but not limited to Bodily Injury, and Property Damage, Products and completed operation. The contract shall be amended if necessary to remove any exclusion or other limitation for any activity within 50 feet of railroad property. (ii) Workers Compensation and Employers Liability insurance including coverage for, but not limited to: (A) Industry's statutory liability under the worker's compensation laws of the state(s) in which the work is to be performed. If optional under State law, the insurance must cover all employees anyway. (B) Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee. (iii) Automobile liability insurance covering owned, non-owned and leased vehicles for limits not less than $1,000,000 per occurrence. 5 

 (b) In addition, Industry shall comply with the following additional requirements with respect to such insurance: (i) Any insurance policy shall be written by a reputable insurance company with a current Best's Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the service is to be provided. If any portion of the operation is to be subcontracted by Industry, Industry shall require that the Subcontractor provide and maintain insurance coverage as set forth herein. (ii) Prior to commencing operations governed by this Agreement, Industry shall furnish to Railroad an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if available. The policy(ies) shall contain a provision that obligates the insurance company(ies) issuing such policy(ies) to notify Railroad in writing at least 30 days prior to any cancellation or non-renewal with such provision indicated on the Certificate of insurance. In the event of a claim or lawsuit involving Railroad arising out of this agreement, Industry will make available any required policy covering such claim or lawsuit. (iii) Failure to provide evidence as required by this Section 5(b)(iii) shall entitle, but not require, Railroad to terminate this Agreement immediately if such failure is not remedied by Industry within five (5) days from notice by Railroad. Acceptance of a certificate that does not comply with this section shall not operate as a waiver of Industry's obligations hereunder. The fact that insurance (including, without limitation, self-insurance) is obtained by Industry shall not be deemed to release or diminish the liability of Industry including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad shall not be limited by the amount of the required insurance coverage. (c) All insurance maintained by Industry under this Agreement shall name Railroad as an additional insured. (d) Industry and Railroad each agree to cause to be included in their respective policies of insurance the agreement of the insurer thereof that said policies shall not be invalidated by a waiver of claim by the insured against Industry or Railroad, as the case may be, and each will furnish evidence thereof to the other. Each party hereto does hereby remise, release and discharge the other party hereto, and any officer, agent, employee or representative of such party, of and from any liability whatsoever hereafter arising from loss, damage or injury for which insurance (permitting waiver of liability and containing a waiver of subrogation) is required to be carried by the injured party pursuant to the term of this Agreement at the time of such loss, damage or injury. 7. DEFINITION OF COST AND EXPENSE. For the purpose of this Agreement, "cost' or "costs" "expense" or "expenses" includes, but is not limited to, actual labor and material costs including all assignable additives, and material and supply costs at current value where used. In the event that Industry shall fail to pay any monies due to Railroad within thirty (30) days after 6 

 the invoice date, then Industry shall pay interest on such unpaid sum from such due date until paid at an annual rate equal to the lesser of (i) the prime rate last published in The Wall Street Journal for the month in which the sum begins to accrue plus two and one-half percent (2 1/2%), or (ii) the maximum rate permitted by law. 8. RIGHT OF RAILROAD TO CONSTRUCT FUTURE FACILITIES. Railroad retains the right, without liability to the Industry or any other party, to construct or allow to be constructed upon its property other facilities, and to use its property in any manner, provided that such construction shall not materially interfere with the use of the Railroad Track as described herein. Railroad shall provide Industry with at least thirty (30) days' written notice of the commencement of such construction. 9. PUBLIC ASSESSMENTS. Industry shall timely pay all compensation, assessments and levies required at any time by any public authority, entity, or person for the privilege of maintaining and operating the Industry Track. Industry shall not cause any liens to be filed against the Railroad Track or any Railroad property. In the event any such liens are filed as a result of action or inaction by Industry, Industry shall cause such liens to be released within fifteen (15) days. 10. NOTIFICATION REQUIREMENTS (a) Industry shall give immediate notice to Railroad of any release of hazardous substances on or from the Track, violation of environmental Legal Requirements, or inspection or inquiry by governmental authorities charged with enforcing environmental Legal Requirements with respect to Industry's use of the Track. Industry shall use the best efforts to promptly respond to any release on or from the Track. Industry also shall give Railroad immediate notice of all measures undertaken on behalf of Industry to investigate, remediate, respond to or otherwise cure such release or violation. (b) In the event that Railroad has notice from Industry or otherwise of a release or violation of Environmental Laws on the Track which occurred or may occur during the term of this Agreement, Railroad may require Industry, at Industry's reasonable risk and expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation affecting the Track or Railroad's property. (c) Industry shall promptly report to Railroad in writing any conditions or activities upon the Facility or Track which create a risk of harm to persons, property or the environment and shall take whatever action is necessary to prevent injury to persons or property arising out of such conditions or activities; provided, however, that Industry's reporting to Railroad shall not relieve Industry of any obligation whatsoever imposed on it by this Agreement. Industry shall promptly respond to Railroad's request for information regarding said conditions or activities. 11. DEFAULT. The following events shall constitute defaults hereunder: (a) creating or allowing to remain any condition, including without limitation, any environmental condition, on or about the Track, which in Railroad's reasonable judgment interferes with or endangers the operations of Railroad; or (b) defaults on any of the covenants or agreements of Industry contained in this document. 7 

 12. TERMINATION. (a) In addition to all other remedies available at law or in equity, Railroad may, without incurring any liability to Industry, terminate this Agreement and discontinue operation on and over the Track and remove the Railroad Track, in the event of any of the following events: (i) any default as described in Sections 11 (a) or (b) occurs and is not remedied to Railroad's reasonable satisfaction within 30 days after Industry's receipt of written notice of such default; (ii) Railroad is authorized by the Surface Transportation Board to abandon its line to which said Track is connected; or (iv) Railroad is dispossessed of the right to operate over the Track or its connecting track or any part thereof, Railroad may terminate this Agreement effective immediately by written notice to Industry. (b) Industry hereby agrees to waive and release all claims, rights, and causes of action that Industry has or may have against Railroad because of the discontinuance of operation and removal of the Railroad Track as provided in this Section 12. 13. ASSIGNMENT. This Agreement will inure to the benefit of and be binding upon the successors and assigns of the parties hereto. Either party hereto may assign this Agreement; provided, however, that such assignments will not relieve the assignor of any of its rights or obligations under this Agreement. 14. NOTICES. Any notice required or permitted to be given hereunder must be in writing and the same shall be given and will be deemed to have been given if (i) placed in the United States mail, certified, return receipt requested, or (ii) deposited into the custody of a nationally recognized overnight delivery service, addressed to the party to be notified at the address specified below, or to such other address as the party to be notified may designate by giving the other party no less than thirty (30) days' advance written notice. The address for such notice shall be the address set forth below each party's signature, which may be changed by written notice to the other party. 15. SURVIVAL. Neither termination nor expiration will release either party from any liability or obligation under this Agreement, whether of indemnity or otherwise, resulting from any acts, omissions or events happening prior to the date of termination or expiration. 16. MISCELLANEOUS (a) This Agreement must not be placed of public record. (b) To the maximum extent possible, each provision of this Agreement must be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is prohibited by, or held to be invalid under, applicable law, such provision will be ineffective solely to the extent of such prohibition or invalidity, and this will not 8 

 invalidate the remainder of such provision or any other provision of this Agreement. All questions concerning the interpretation or application of provisions of this Agreement must be decided according to the laws of the State of Nebraska. (c) This Agreement is the full and complete agreement between Railroad and Industry with respect to all matters relating to the maintenance and operation of the Track and supersedes all other agreements between the parties hereto relating to the maintenance and operation of the Track. However, nothing herein is intended to terminate any surviving obligation of Industry or Industry's obligation to defend and hold Railroad harmless in any prior written agreement between the parties. (d) The waiver by Railroad of the breach of any provision herein by Industry shall in no way impair the right of Railroad to enforce that provision for any subsequent breach thereof. All remedies provided hereunder are cumulative and are in addition to all other remedies available at law or in equity. (e) This Agreement is also made for the benefit of such other railroads that, either by agreement with Railroad or order of competent public authority, have the right to use the Track, all of which railroads shall be deemed "Railroad" under this Agreement. 9 

 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate the day and year first herein above written. RAILROAD: NEBRASKA NORTHEASTERN RAILWAY COMPANY By: /s/ Dennis L. Prewett Name: Dennis L. Prewett Title: President Address for notices: Nebraska Northeastern Railway Company c/o TNW Corporation 5430 LBJ Freeway, Suite 1444 Dallas, Texas 75240 INDUSTRY: NEDAK ETHANOL, LLC By: /s/ Jerome Fagerland Name: Jerome Fagerland Title: President Address for notices: NEDAK Ethanol, LLC 87590 Hillcrest Road Atkinson, Nebraska 68713 10 

 EXHIBIT "A" 11 

 EXHIBIT "B" A non-exclusive easement for railroad tract over those portions of Section 30, T29N, R11W of the 6th P.M. in Holt County, Nebraska, described according to a centerline description as follows: COMMENCING at the southeast corner of Block 43, Rigg's Addition to the City of O'Neill, Holt County, Nebraska; thence S 00(degree)04'37" W (assumed bearing) on the west line of 1st Street, a distance of 29.10 feet; thence on a non-tangential curve with the last course, concaved northerly, having a radius of 764.47 feet, a chord distance of 83.9 feet, and a chord bearing of S 89(degree)43'34" E, an arc distance of 83.94 feet, to the east line of said 1st Street; thence continuing easterly on last described curve with a chord bearing of N 83(degree)54'35" E and a chord distance of 85.84 feet, an arc distance of 85.89 feet, to a point of tangency; thence continuing on said centerline N 80(degree)41'30" E, a distance of 241.82 feet, to the southerly line of Grant Street, also being the true POINT OF BEGINNING of an 18.5-foot right-of-way easement lying within Grant Street; thence continuing N 80(degree)41'30" E on a centerline with 10 feet on the south side measured radially from said centerline and with 8.5 feet on the north side measured radially from said centerline, a distance of 108.62 feet, to the beginning of a tangential curve concaved southerly, having a radius of 1,015.42 feet, a chord distance of 163.88 feet, and a chord bearing of N 85(degree)19'14" E; thence northeasterly, an arc distance of 164.07 feet on said curve, along said centerline, to a point of tangency; thence continuing on said centerline N 89(degree)56'44" E, a distance of 623.78 feet, to the west line of 4th Street; thence N 89(degree)14'39" E on said centerline with 10 feet on the south side measured radially from said centerline and with 8.5 feet on the north side measured radially from said centerline, 239.49 feet, to the beginning of a tangential curve concaved southerly, having a radius of 2,155.07 feet, a chord distance of 703.76 feet, and a chord bearing of S 81(degree)21'30" E; thence easterly, an arc distance of 706.92 feet on said curve along said centerline, to a point of tangency; thence S 71(degree)57'40" E, 22.53 feet, to a point on the east line of 6th Street, said point being 73.90 feet south of the northwest corner of Block 1, Fahy's Addition, to the City of O'Neill, Holt County, Nebraska, said point also being on the centerline of the existing track of the Nebraska Northeastern Railway Company. 12 

 EXHIBIT "B-1" That part of Section 30, T29N, R11W of the 6th P.M. in Holt County, Nebraska, described by a centerline as follows: COMMENCING at the southeast corner of Block 43, Rigg's Addition to the City of O'Neill, Holt County, Nebraska; thence S 00(degree)04'37" W (assumed bearing) on the west line of 1st Street, a distance of 29.10 feet, to the true POINT OF BEGINNING of an 18.5-foot wide strip of land; thence easterly on a centerline of said strip of land, with 10 feet of said strip lying on the southerly side measured radially from said centerline and with 8.5 feet of said strip lying on the northerly side measured radially from said centerline, on a non-tangential curve with the last course, concaved northerly, having a radius of 764.47 feet, a chord distance of 83.90 feet and a chord bearing of S 89(degree)43'34" E, an arc distance of 83.94 feet, to the east line of said 1st Street; thence continuing on the last described curve with a chord bearing of N 83(degree)54'35" E and a chord distance of 85.84 feet, an arc distance of 85.89 feet, to a point of tangency; thence continuing on said centerline N 80(degree)41'30" E, a distance of 241.82 feet, to the southerly line of Grant Street, also being the point of termination, containing 0.138 acre of land, more or less. AND: Those parts of Section 25, T29N, R12W, and Section 30, T29N, R11W of the 6th P.M. in Holt County, Nebraska, described by a boundary description as follows: COMMENCING at the southeast corner of Block 43, Rigg's Addition to the City of O'Neill, Holt County, Nebraska, said point also being on the northeasterly right-of-way line of the Cowboy Trail, formerly known as the northeasterly right-of-way line of Chicago and Northwestern Railroad, and assuming the northeasterly right-of-way line of said Cowboy Trail to have a bearing of S 80(degree)40'55" E; thence S 80(degree)40'55" E and on said northeasterly right-of-way line, 80.81 feet, to the POINT OF BEGINNING; thence S 80(degree)40'55" E and on said northeasterly right-of-way line, 124.10 feet; thence S 77(degree)08'28" W, 5.91 feet, to a point on a curve; thence southwesterly on a 782.49-foot radius curve concaved northwesterly, 327.73 feet, with a chord bearing of S 89(degree)08'23" W and chord distance of 325.34 feet; thence N 78(degree)51'42" W, 434.10 feet; thence southwesterly on a 5,711.65-foot radius curve concaved southwesterly, 118.56 feet, with a chord bearing of N 79(degree)27'23" W and chord distance of 118.56 feet; thence N 80(degree)03'04" W, 5,928.92 feet; thence N 09(degree)56'56" E, 43.00 feet; thence S 80(degree)03'04" E, 859.12 feet; thence S 85(degree)15'22" E, 184.57 feet; thence southeasterly on a 789.49-foot radius curve concaved southwesterly, 71.72 feet, with a chord bearing of S 82(degree)39'13" E and a chord distance of 71.70 feet; thence S 80(degree)03'04" E, 1,376.76 feet; thence southeasterly on a 189.49-foot radius curve concaved southwesterly, 71.72 feet, with a chord bearing of S 77(degree)26'55" E and a chord distance of 71.70 feet; thence S 74(degree)50'46" E, 184.57 feet; thence S 80(degree)03'04" E, 3,182.17 feet; thence southeasterly on a 5,754.65-foot radius curve concaved southwesterly, 119.45 feet, with a chord bearing of S 79(degree)27'23" E and a chord distance of 119.45 feet; thence S 78(degree)51'42" E, 434.10 feet; thence southeasterly on a 739.49-foot radius curve concaved northeasterly 202.03 feet, with a chord bearing of S 86(degree)41'19" E and a chord distance of 201.40 feet, to the point of beginning. 13