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201806663 WHEREAS, Grantors' residence on the Rasmussen Property will be within the odor footprint of the Commercial Feedlot on the C&I Property and the Grantors and Grantee desire to waive the Hall County and Howard County Zoning Regulations and requirements concerning separation and setback on a reciprocal basis as set forth herein; and WHEREAS, Grantors and Grantee desire to create an easement for noise, dust, illumination and odor in order to assure the continued or future operation by Grantee of the Commercial Feedlot in order to avoid interference with the Commercial Feedlot, to clarify the legal rights of Grantors and Grantee with regard to the production of noise, dust, illumination and odor by the Commercial Feedlot operation and to provide a proper record of the easement; and WHEREAS, Grantors and Grantee desire to permit Grantors to continue their current residential use and permit future additional single family residences on the Rasmussen Property; and WHEREAS, the parties agree to restrict the use of Kohlhof's Property as provided herein; NOW THEREFORE FOR GOOD AND VALUABLE CONSIDERATION THE PARTIES AGREE AS FOLLOWS: 1) Grantors hereby waive the Howard County and Hall County setback requirements for the Commercial Feedlot upon C&I's Property, grant to Grantee a non- exclusive easement for the existence, passage and emanation on, over, under, and upon Rasmussen's Property of all natural or artificial noise, dust, odor, and illumination as may occur or result directly or indirectly from the Commercial Feedlot operations, including but not limited to, the conduct and operation of truck and other traffic to and from the Commercial Feedlot upon public and other roadways in the vicinity of the Rasmussen and C&I Property, all subject to the following: a. Grantee shall pay Grantors the sum of $1,500.00 upon execution of this Agreement and shall pay the recording fees for this Easement. In addition, Grantee shall pay Grantors, their successors and assigns the sum of $500.00 on January 1 of each year hereafter in perpetuity commencing January 1, 2019, regardless of whether the Commercial Feedlot is operated on C&I's Property. b. Grantee shall maintain and plant a viable shelterbelt on the west and north boundaries of the C & I Property and shall replant with mature trees as requested by Grantors. c. Grantee shall use the best management and animal husbandry practices as are available to minimize dust, odor and flies, including, but not limited to: clean all cattle pens on a regular and timely basis, water the yard to minimize dust, spray for flies (including spraying the Rasmussen Property at Rasmussen's request) and shall not permit waste runoff. The operation of the Commercial