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201806663 <br />Feedlot shall be conditional upon and subject to all local, state and federal <br />requirements, rules, regulations, ordinances, zoning restrictions and statutes. <br />d. Notwithstanding that current or future regulations and laws may authorize <br />more than 3,000 cattle on C&I's Property, the number of cattle on C&I's <br />Property shall NEVER UNDER ANY CIRCUMSTANCES exceed 3,000 <br />cattle at any time. <br />e. The grant by Grantors is limited to the C&I Property as described herein and <br />shall not extend to any additional or replacement property under any <br />circumstances without Grantors' prior written consent. <br />2) Kohlhof agrees that Kohlhof's Property shall never be used: (i) as a commercial <br />feedlot for any livestock, (ii) for a hay grinding operation or (iii) for a manure <br />stockpile or storage. However, Kohlhof may spread cattle manure as fertilizer on <br />the crop ground on Kohlhof's Property and Kohlhof reserves the right to construct <br />a holding pond in the easterly thirty (30) acres of Kohlhof's Property with the <br />pond not to exceed 2 acres in size. In the event a holding pond is constructed, <br />Kohlhof shall either construct a berm, or plant and maintain a viable shelterbelt on <br />the west and south boundaries of the holding pond of sufficient height to block the <br />view of the holding pond from ground level. Notwithstanding the foregoing, <br />Kohlhof may pasture up to, but no more than, 400 calves on corn stalks between <br />October 15 and April 1 of each year. <br />3) Grantee and Kohlhof hereby grant to Grantors, a perpetual easement for the <br />continued and future occupancy of Grantors' residence, replacement, repair, <br />improvement, reconstruction of Grantors' residence, construction of a new <br />residence and the subdivision of Rasmussen's Property to permit the construction <br />of one or more additional residences upon Rasmussen's Property notwithstanding <br />the proximity of Rasmussen's Property to C&I Property and Kohlhof's property <br />and hereby waive the right to object to the aforesaid residential use now and <br />continuing or expanded residential use in the future and will execute any <br />additional waivers or consents that may be requested by Rasmussen in support <br />thereof. <br />4) Except as provided herein, Grantors hereby reserves for themselves and their <br />successors and assigns the right to use the Rasmussen Property for any permitted <br />purpose not inconsistent with this Grant of Easement. Except as herein provided, <br />the Agreement shall not create any right in favor of Grantee to enter upon or use <br />the Residential Property. <br />5) The terms, restrictions and conditions contained in this Grant shall be covenants <br />running with the land in perpetuity upon Rasmussen's Property, C&I's Property <br />and Kohlhofs Property and shall be binding upon the parties hereto, their heirs, <br />successors and assigns. <br />