Opinion of Counsel Relative to Right-of-Way and Easements

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Position 5

Form RD 442-22
(Rev. 10-96)

UNITED STATES DEPARTMENT OF AGRICULTURE
RURAL DEVELOPMENT

OPINION OF COUNSEL RELATIVE TO RIGHTS-OF-WAY

FORM APPROVED
OMB NO. 0575-0015
Exp. Date: MM/DD/YY

Date
Dear Sir:
I have reviewed the action taken by
(hereinafter called the ''Corporation'') in obtaining a right-of-way for the construction, operation, and maintenance of the facilities to be installed,
repaired, or enlarged with the proceeds of a loan made or insured by, and/or a grant from Rural Development to the Corporation. I have examined the
right-of-way instruments, permits, or licenses obtained from landowners, public bodies, and public utilities and made such searches of the public
records necessary to determine the legal sufficiency of the instruments covered by the ''Right-of-way
, 20
. I also have examined the ''RightCertificate,'' executed by the Corporation on
of-way Map'' to determine whether continuous and adequate land and rights-of-way are owned or have been acquired by the instruments covered in
the ''Right-of-way Certificate".

Based on the foregoing examination, and to the best of my knowledge, information, and belief, I am of the opinion that:
A. The legal instruments by which the Corporation has acquired said rights-of-way (a) are in appropriate and due legal form and
adequately confer upon the Corporation the necessary rights-of-way for the construction, operation, and maintenance of its facilities in their
present or proposed location, and such omissions or defects as may exist will in no substantial way or manner endanger the value or operation
of the facilities, and (b) have each been properly recorded in the appropriate public land records of each County in which any of the land
affected thereby is situated. Such consents, releases, or subordinations from lienholders recommended by me or required by Rural Development
have been obtained.
B. The legal instruments referred to above give unto the Corporation a continuous and adequate right-of-way to permit the construction, operation,
and maintenance of the Corporation's facilities except as below noted.
C. Exceptions:

Very truly yours,

Attorney for

A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of
information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 0575-0015. Public reporting for this collection of information is estimated to be approximately 1 hour per response,
including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of
information.
All responses to this collection of information are voluntary. However, in order to obtain or retain a benefit, the information in this form is authorized under 7 CFR Part
1942, Subpart A - “Community Facility Loans.” Rural Development has no plans to publish information collected under the provisions of this program. Send comments
regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance
Officer, Rural Development Innovation Center, Regulations Management Division at [email protected]

RD 442-22 (Rev. 10-96)
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