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201403281 perpetual, non - exclusive easement for ingress, egress and regress on, over, through and across the driveway located on the Williams Tract which is located approximately 44 feet in width on the Willams Tract. The access easement and right provided shall be for the purpose of facilitating pedestrian and vehicular traffic to and from the Fugate Tract, with full right to use and enjoy the benefits of the Easement Tract which has heretofore been or shall hereafter be constructed. 3. Fugate hereby grants to Willilams, their heirs, successors and assigns, for the benefit of the Williams Tract including the use by Williams' customers and invitees, a perpetual, non - exclusive easement for ingress, egress and regress on, over, through and across the driveway located on the Fugate Tract which is approximately 10 feet in width on the Fugate Tract. The access easement and right provided shall be for the purpose of facilitating pedestrian and vehicular traffic to and from the Fugate Tract, with full right to use and enjoy the benefits of the Easement Tract which has heretofore been or shall hereafter be constructed. 4. Neither party shall modify or change the location of the Easement Tract without the consent of the other. 6. This Agreement cannot be altered, amended or modified except by written instrument executed by the parties hereto, or their successors and assigns. 7. This Agreement and all provisions, rights, privileges and obligations created herein shall run with the land and be perpetual in duration. Each and every provision, covenant, agreement, easement, undertaking, obligation, right and privilege contained herein, shall inure to the benefit of and be binding upon the respective successors and assigns of the parties hereto. All obligations of the Agreement shall be binding on the party making such obligation in and upon the property to be burdened thereby, and shall inure to the benefit of the party or parties for whose benefit such obligations of this Agreement was created and for the benefit of the property to be benefited thereby. 8. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. 9. This Agreement shall be construed and governed by the laws of the State of Nebraska. Any legal action brought to enforce or construe this Agreement shall be brought in the courts located in Hall County, Nebraska, and the parties hereto hereby agree to the jurisdiction of such courts. 2