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201805014 2. Grant of Easement. Grantor and its successors and assigns hereby grants and conveys to Grantee and Grantee's licensees, tenants, guests and invitees, a non- exclusive access easement for the purpose of vehicular and pedestrian ingress and egress over, through, upon, and across the Easement Area. 3. Term. The term of the Easement shall be perpetual. This Easement is and shall be deemed to be a covenant running with the land and shall be binding upon the parties hereto and upon their successors and assigns. Any modification or amendment shall be effective when duly executed, acknowledged and filed in the proper office of the Register of Deeds of Hall County, Nebraska. 4. Maintenance. Grantee shall maintain the Easement Area in good condition and repair, which shall include watering the grass contained in the Easement Area; provided, however, such maintenance obligation shall not include the cost of mowing the Easement Area, snow removal costs or any costs incurred in connection with the maintenance Riverside Drive. Except as expressly set forth herein, each party shall be responsible for the repair and maintenance of the real property owned by it and all improvements located on such real property. 5. Restrictions. Neither party, nor any successor or assign, shall create, permit or suffer at any time any obstruction to or interference with ingress and egress over, across and upon the Easement Area for any purpose nor shall any such party at any time endanger, interfere with, or otherwise obstruct the maintenance, repair, operation or use of the Easement Area for ingress and egress. Neither party shall permit liens or claims of lien to be filed against the Easement Area and shall promptly discharge or transfer to bond any lien that may be filed against such property by reason of such party's activities and the activities of its successors and assigns, employees, tenants, invitees, agents, representatives, or affiliates thereon. 6. Title. Grantor, for itself and for its successors and assigns, does hereby represent and warrant to Grantee and its successors and assigns, that Grantor is the fee simple owner of the Grantor Property and that it has the right to grant and convey this Easement in the manner and form herein. 7. Covenants Running With the Land. The covenants, agreements, conditions and restrictions set forth in this Easement are intended to be and shall be construed as covenants running with the land, binding upon and inuring to the benefits of and enforceable to the parties hereto, and all subsequent owners of their respective interest, or any part thereof. 8. Severability. If any portion of this Easement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision(s) of this Easement are invalid or unenforceable, but that by limiting such provision(s) the same would become valid and enforceable, then such provision(s) shall be deemed to be written, construed, and enforced as so limited. 9. Waiver. The failure of either party to enforce any provision of this Easement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with each and every provision of this Easement. 10. Governing Law. The laws of the State of Nebraska shall govern the jurisdiction, venue, interpretation and construction of this Easement, excluding the choice of law rules that may direct jurisdiction, venue, interpretation or construction of this Easement to other jurisdictions.