Document 10zN6rR793xdLpegYYvBELxaX

R. D. Uhrich Assistant Vice President J, A, Anthony Director-Contracts D. D. Brown Director-Real Estate M. W. Casey General Director-Special Properties J. P. Gade Director-Facility Management UNION PACIFIC RAILROAD COMPANY Real Estate Department 1800 Farnarn Street Omaha, Nebraska 68102 Fax (402) 997-3601 FEB 01 2000 J. L. Hawkins Director-Operations Support M. E. Heenan Director-Administration & Budgets D. H. tightwine Director-Real Estate T. K. Love Director-Real Estate NIBCO INC ATTN MR TOM EISELE 1167 MIDDLEBURY STREET ELKHART INDIANA 46515 Folder: 1759-52 Dear Mr. Eisele: RE: Assignment at Augusta, Arkansas Attached is your original of our Assignment folly executed on behalf of the Railroad Company. The Railroad Company has authorized the installation of fiber optic cable facilities on its property in certain areas. Prior to using the Railroad Company's property covered herein, you should thoroughly review the terms and conditions ofthis Assignment and contact the Railroad Company at 1-800-336-9193 to determine if a fiber optic cable is buried on the subject property. In compliance with the Internal Revenue Service's new policy regarding their Form 1099, this is to advise you that 94-6001323 is Union Pacific Railroad Company's correct Federal Taxpayer Identification Number and we are doing business as a corporation in Delaware. Sincerely yours, NIBCO001134 m 8612X5 Form Approved, AVP-Law Form 5 ASSIGNMENT Folder No. 1759-52 AUDIT... C4 s'UHS NIBCO, INC., an Indiana corporation to be addressed at 1167 Middlebury Street, Elkhart, Indiana, 46515 ("Assignor"), and UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Railroad"), or their predecessors in inter^^, have heretofore entered into an agreement dated 4^Ya*S$r5bearing Railroad's^ Audit Number CA59345 (hereinafter "Basic Agreement") covering industrial track located at New Augusta(Augusta), Arkansas. Effective as of , the Assignor does hereby sell, assign, transfer and set over, unto SLOAN VALVE COMPANY, an Illinois corporation to be addressed at P.0. Box 60, Augusta, Arkansas, 72006("Assignee") all of Assignor's right, title and interest in and to the Basic Agreement including any supplement or amendment thereto (if any). . The Assignee hereby accepts the above assignment and agrees to be bound by and to perform and observe fully and faithfully all of the covenants, stipulations and conditions contained in the Basic Agreement and any supplement or amendment thereto (if any) to be performed and observed by the Assignor and assumes all liabilities and obligations mentioned in the Basic Agreement and any supplement or amendment thereto (if any) to be assumed by the Assignor. The Railroad, in consideration of the covenants and agreements of the Assignor and the Assignee herein contained, gives its consent to the aforesaid assignment; PROVIDED, however, that such consent shall not be deemed or construed to authorize any further assignment of the Basic Agreement, whether voluntary, by operation of law, or otherwise, without the prior consent in - writing of the Railroad; and M'COTITOJLr; FUM.T5M7 IliaL an jjg'WW.nm ^ '****. j i-i----!-j-------a------frf nirirriji------ 1 -mTM } 1 ` i-rj Ifg'i'K'g'i^'e'ieiii.toaaBi' sltiaHi bo njiiiarwitfrgratad wo--iroit Tnicifi,.yg frho ftautgiibiL' j..in 44'Hi "U l cut T'--... -'P-- -T1 "|C ................... ,^4-,... j.. 1,1.1 iO.........8...... j*J.......... --aij' I.lippiumuift....... u.uundiigfii.-teheuateu (If..gaiji) |jju .toe poiigattwod toy fell? "TTOItPcHIJ'1..U4*9*ftRSWS!fiaeas* witlui '"a'H'iQ agx uuuianl............ f '' The Assignee, when returning this agreement signed by the Assignor and Assignee, shall pay to Railroad an administrative handling charge of $500.00. pg l of 2 NIBCO001135 AR 861215 Form Approved, AVP-Law Executed this day of 1999 . UNION PACIFIC RAILROAD COMPANY aBy. Representati SLOAN VALVE COMPANY, Pg 2 of 2 NIBCO001136