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4. Additional Terms. <br />201303238 <br />3. Permanent Easement. The easement granted hereby constitutes a permanent easement in, <br />over and through the Easement Area. <br />a. The owner of Parcel 3 shall be responsible for initial improvement to (any <br />necessary grading, compaction and graveling), snow removal, maintenance and <br />repair of the Easement Area as necessary to permit use of the Easement Area. <br />b. The easement shall be constructed in a manner that is suitable for motor vehicles <br />such as pickup trucks, and shall be placed within the easement area at a specific <br />location which minimizes the impact on Parcel 1 as reasonably determined by the <br />owner of Parcel 1. <br />c. The easement granted hereby shall be appurtenant to and run with the land as a <br />benefit and burden to the respective owners of Parcel 1 and Parcel 3 and all <br />persons claiming by or through them. <br />d. The owner of Parcel I shall have the right to place unlocked gated fences <br />separating the easement area from the public right of way on Blaine Street and <br />separating Parcel 1 from Parcel 3 so that Parcel 1 is suitable for keeping of <br />livestock, so long as the owner of Parcel 3 can at all times access the easement <br />area and Parcel 3 through the gates. The Trustee and the subsequent owners of <br />Parcel 3 shall have the right to the full use and enjoyment of the Easement Area <br />for ingress and egress. <br />e. Nothing herein contemplates or constitutes a public dedication of any property. <br />f. The relationship of the parties is only as set forth herein. Nothing herein <br />contemplates or constitutes a partnership or joint venture between or among the <br />properties. <br />g. If either party violates any term or provision herein, the aggrieved party shall have <br />all rights and remedies then permitted by law, including equitable relief. Nothing <br />herein shall permit either party to terminate this easement notwithstanding any <br />breach. <br />2 <br />