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4:11 -cv- 03211- JMG -CRZ Doc # 44 Filed: 12/03/12 Page 7 of 8 - Page ID # 644 <br />201306737 <br />system to remain in a railroad right of way except (a) under <br />existing or future agreements with the railroad or (b) in <br />any railroad right of way in which no railroad operates and <br />no railroad retains any right, title, or interest. This <br />easement also shall not permit any new components to be <br />installed to connect the existing telecommunications cable <br />system to the edge of the right of way in any railroad right <br />of way as to which the interstate commerce commission or <br />the surface transportation board has entered an order, <br />pursuant to 49 U.S.C. § 10903, that the railroad is <br />authorized to cease to provide or maintain rail service over <br />that right of way and the railroad no longer provides or <br />maintains rail service over that line, provided that if the <br />railroad does not cease such rail service or later reactivates <br />such service, then this limitation shall not apply. <br />This telecommunications cable system easement deed <br />is executed and delivered on behalf of grantor for the <br />purpose of granting the easement to grantee in, on, over, <br />under, through and /or across the easement premises to the <br />full extent of grantor's right, title or interest, if any, in or to <br />the easement premises, and the easement granted hereby <br />shall affect the easement premises only to the extent of <br />grantor's right, title, and interest therein. Grantor and <br />grantee agree that this telecommunications cable system <br />easement deed shall not grant any rights to the easement <br />premises, or any portion thereof, in which grantor holds no <br />right, title or interest. <br />No rights reserved to grantor herein shall be deemed <br />to expand rights reserved to grantor under any other <br />easement, right of way, license, lease, or any similar <br />instrument or court order. No limitation herein on the <br />rights of grantee shall be deemed to limit rights heretofore <br />granted by grantor or its predecessors in interest under any <br />other easement, right of way, license, lease, or any similar <br />instrument or court order. <br />The terms and provisions of this instrument shall <br />constitute covenants running with the land and shall be <br />binding upon and inure to the benefit of the settling <br />defendants, the grantor, their successors, assigns, personal <br />representatives, and heirs. <br />7 <br />