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6. DEFAULT AND REMEDIES:
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<br />ELECTRICAL EASEMENT AGREEMENT
<br />2. TERM: The term of this Agreement shall be perpetual and shall be recorded.
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<br />DO NOT WRITE ABOVE THIS LINE — FOR REGISTER OF DEEDS USE ONLY
<br />kt THIS ELECTRICAL EASEMENT AGREEMENT (this "Agreement ") is made and entered into this
<br />l ay of 0% „e_ , 2016, by and between PILOT TRAVEL CENTERS LLC, aDelaware limited
<br />liability company, having a mailing address of 5508 Lonas Road, Knoxville, TN 37909 (the "Grantor ") and
<br />SOUTHERN PUBLIC POWER DISTRICT, a public corporation, having a mailing address ofP0Bax1687, Grand Island,
<br />NE 68802 (the "Grantee ").
<br />WHEREAS, Grantor owns certain real property located in Hall County, Nebraska, as more specifically
<br />described in Exhibit A, which is attached hereto and incorporated herein by this reference (the "Grantor Property ");
<br />WHEREAS, Grantee desires access over, under, across and through the Grantor Property for the construction,
<br />installation and operation of electric distribution lines.
<br />NOW, THEREFORE, in consideration of the foregoing premises and other good and valuable consideration,
<br />the receipt and sufficiency of which is acknowledged, it is agreed as follows:
<br />1. EASEMENT: Grantor hereby grants, bargains, sells and conveys to Grantee a non - exclusive
<br />easement (the "Easement') over, through and across that certain portion of the Grantor Property described on
<br />Exhibit B (the "Easement Area ") attached hereto and incorporated herein by this reference, for the sole use and purpose
<br />of constructing, maintaining, repairing and operating electric distribution lines to service certain real property adjacent
<br />to the Grantor Property.
<br />3. CONSTRUCTION: Grantee shall cause the installation of the electric distribution lines in a good
<br />and workmanlike manner The parties acknowledge that the work shall comply with specifications and requirements
<br />set forth in Grantee's civil plans. Grantee shall (i) restore the surface of the portions of the Easement Area to as near as
<br />reasonably possible its condition when first entered upon by Grantee, and (ii) repair or replace all damaged fences,
<br />gates, drains, drain tiles and ditches located on the Grantor Property, which may result from Grantee's installation and
<br />maintenance of Grantee's electric distribution lines.
<br />4. MAINTENANCE COSTS: Grantee shall be fully responsible for maintaining, operating, repairing
<br />and replacing the electric distribution lines. Grantee's activities shall not unreasonably interfere with the operation of
<br />Grantor's business on the Grantor Property.
<br />5. NO BARRIERS: Grantor understands that with the exception of the right to use the surface of the
<br />Easement; which use expressly prohibits the placement of structural improvements which would prevent Grantee's
<br />access to the electric distribution lines; that it shall not block, obstruct, impede or otherwise restrict Grantee's free
<br />access to or use of the Easement during the term of this Agreement.
<br />(a) Notice and Cure. Except as otherwise expressly provided herein, an event of default by a party
<br />shall have occurred if such party fails to comply with any of the terms set forth herein for a period of thirty (30)
<br />calendar days after actual receipt by such party of written notice from the other properly alleging a breach or
<br />default, or such longer period, if reasonably necessary to cure such failure, and provided such cure is commenced
<br />within such thirty (30) calendar day period.
<br />(b) Enforcement and Remedies. In addition to a suit or action to recover damages or the exercise
<br />of any other remedies available herein or at law or in equity, the parties and their respective successors and
<br />assigns may, without having to first demonstrate or prove that a remedy at law is not available or is
<br />unsatisfactory, enforce each covenant, agreement and obligation of the parties, and their respective successors
<br />and a ssigns by specific performance or by a proceeding for a prohibitive or mandatory injunction. If a breach
<br />or default is not cured by the defaulting party within thirty (30) calendar days' of receipt of written notice from
<br />the non - defaulting party of such breach or defaul t, then the non - defaulting party may perform the
<br />obligations of the defaulting party ,at the expense of the defaulting party, and any costs incurred by the non-
<br />defaulting party shall bear interest at the highest rate permitted by law, and shall be paid to the non - defaulting
<br />party upon demand. The failure of any party to enforce any covenant or agreement of the parties herein contained
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