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201903085 F. The parties acknowledge and agree that the Original Easement terminated by merger when Grantor re -acquired the Burdened Property and is no longer of any force or effect. G. The parties intend for the Easement set forth herein to replace the Original Easement. NOW THEREFORE, in consideration of the benefits described herein, and in further consideration of One and No/ 100 Dollars ($1.00), the receipt of which is hereby acknowledged, and other valuable consideration, Grantor and Grantee agree as follows: 1. Grant of Easement. Grantor does hereby convey to Grantee, its successors and assigns, a non-exclusive perpetual easement to enter the Easement Area (as defined below) for purposes of ingress and egress between the Benefitted Property and Nebraska Highway 40(D). The Easement shall permit all vehicular and pedestrian ingress and egress on and over the Easement Area. Grantee's right to enter the Easement Area includes the right to construct, reconstruct, maintain, repair, improve, and use a roadway in the Easement Area if desired by Grantee. 2. Easement Area. The parties agree that the Easement Area shall be that area described as the "Easement Area" on Exhibit "C" attached hereto and incorporated herein by this reference. 3. Binding Effect. The grant of this Easement shall be appurtenant to and run with the Burdened Property and the Benefitted Property, and shall be binding upon the heirs, executors, administrators, successors and assigns of Grantor and Grantee herein. 4. Maintenance. Grantee shall maintain and keep in good repair any roadway and related improvements currently in existence in the Easement Area or constructed by Grantee in the Easement Area. Such maintenance obligations shall be performed in a workmanlike manner and shall be solely at the cost and expense of the Grantee. Provided, Grantor, shall remain solely responsible for maintenance of the surface of the Easement Area with respect to any items unrelated to any roadway and related improvements. 5. Grantor's Limitations. The parties further agree that Grantor shall not, without the prior written consent of Grantee, construct or permit to be constructed any house, structure, fence, reservoir, pipeline or other obstruction or excavation on, over, under or within the Easement Area, nor interfere with Grantee's use of the Easement Area. 6. Liability. The sole rights granted herein are the rights to use the Easement Area for the purposes described herein, and each party shall be liable to the other party for any damage caused by the use of the Easement Area by them or their employees, invitees, agents, successors or assigns, contrary to the terms of this easement.