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200100091 E=ITC Permanent Rights Agreement Union Pacific Railroad Company, Grantor H & H Partnership, Grantee Terms, Conditions, Limitations and Covenants Running with the Permanent Rhzhts W-T"MOMWI 81' ' • I 4 It is agreed that no improvements placed upon the Premises by the Grantee shall become a part of the realty. Section 2. TAXES AND ASSESSMENTS. A. The Grantee further agrees to pay, before the same shall become delinquent, all taxes levied during the life of this Rights Agreement upon the Premises and upon any buildings and improvements thereon, except taxes levied upon the Premises as a component part of the railroad property of the Grantor in the state as a whole. B. If, during the life of this Rights Agreement, any street or other improvement shall be made, whether consisting of new construction, maintenance, repairs, renewals, or reconstruction, and the whole or any portion of the cost of which is assessed against or is fairly assignable to the Premises, the Grantee agrees to pay the entire amount so assessed against or assignable to the Premises. Section 3. WATER RIGHTS. This Rights Agreement does not grant, convey or transfer any right to the use of water under any water right owned or claimed by the Grantor which may be appurtenant to or otherwise associated with the Premises. All right, title, and interest in and to such water is expressly reserved unto the Grantor, its successors and assigns, and the right to use same or any part thereof may be obtained only by the prior written consent of the Grantor. Section 4. CARE AND USE OF PREMISES. A. In the Grantee's use and occupancy of the Premises, the Grantee will observe and exercise reasonable care and caution against damage or destruction to the Premises by fire or otherwise. The Grantee shall not do, suffer or permit anything upon or about the Premises which will or may increase the fire hazard thereon. The Grantee shall not commit or suffer waste thereof or injury thereto and shall not use or permit the use of the Premises for any unlawful purpose nor create or maintain thereon any nuisance or any offensive object, matter or thing. The Grantee, at Grantee's G: \LAWADM \PAR \JML \188- 00.BXC