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m <br />z <br />MUTUAL ACCESS EASEMENT AGREEMENT <br />RECITALS <br />GJ v) <br />This Mutual Access Easement Agreement ( "Easement ") is hereby made <br />and entered into on this 15th day of July, 2013, by and between NEBCO, Inc., a <br />Nebraska corporation ( "NEBCO ") and Chief Industries, Inc., a Delaware <br />corporation ( "Chief "), with NEBCO and Chief together referred to as the "Parties "). <br />A. The Parties entered into that certain Real Estate Purchase Agreement <br />( "Purchase Agreement") dated May 20, 2013, whereby Chief agreed to sell <br />certain real property, as more particularly described in the Purchase <br />Agreement, to NEBCO. <br />B. In connection with said purchase and pursuant to the terms and <br />conditions of the Purchase Agreement, each Party desires to grant the <br />other an access easement over and through the Easement Area, defined <br />below, in accordance with the terms and conditions of this Easement. The <br />Easement Area is depicted on Exhibit A attached hereto and incorporated <br />herein by this reference. <br />C. NEBCO owns certain real estate legally described on Exhibit B attached <br />hereto and incorporated herein by this reference (the "NEBCO Property "). <br />D. Chief owns certain real estate legally described on Exhibit C attached <br />hereto and incorporated herein by this reference (the "Chief Property "). <br />NOW THEREFORE, for good and valuable consideration, the receipt of <br />which is hereby acknowledged, NEBCO and Chief agree as follows: <br />1. Grant of Easement and Effective Date. NEBCO and Chief do <br />hereby convey to the other and its respective successors and assigns, a non- <br />exclusive easement to enter the Easement Area, as defined in Paragraph 2, <br />situated on its property, for purpose of ingress and egress to the other's property. <br />The grant of the easement as described herein shall become effective at the <br />Closing, as that term is defined in the Purchase Agreement. <br />