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202004048
<br />structure located above the surface of the ground, all as shown on the attached "Exhibit
<br />A"
<br />2. Legacy shall have the reasonable right of non-exclusive ingress and egress over and
<br />across the Real Estate for the purpose of obtaining access to the Easement Area for the
<br />purposes provided for above, and for the provision of power, communication devices and
<br />connections to the Structure. The right of access shall be non-exclusive access from the
<br />nearest public street or highway across the west side of the Real Estate providing the
<br />most direct route to access the Easement Area.
<br />3. The use of the Easement Area shall be exclusive to Legacy, except as provided below.
<br />The Owner shall locate no buildings, structures, improvements or trees so as to interfere
<br />with Legacy's use of the Easement, except by express written permission from Legacy;
<br />provided, however, the Owner shall have the right to make parking lot or landscape
<br />improvements to the Real Estate, subject to the rights of Legacy under this Easement.
<br />Legacy shall have no responsibility for damage to any such improvements made by the
<br />Owner and shall have the right at any time to trim or remove trees and underbrush as may
<br />in any way endanger or interfere with the safe construction, maintenance, alteration,
<br />reconstruction or operations of the Structure.
<br />4. Legacy shall at all times use the Easement Area and operate and maintain the Structure in
<br />compliance with all applicable laws, rules and regulations. Legacy will indemnify, defend
<br />and hold harmless the Owner, and its respective members, managers, owners, directors,
<br />officers, agents, attorneys, successors and assigns, and reimburse each for them, for, from
<br />and against any and all claims, demands, actions, losses, liabilities, damages, fines,
<br />penalties, costs and expenses, including reasonable attorney's fees incurred by Owner,
<br />arising out of or related to the maintenance and removal of the Structure and access
<br />thereto. These obligations will survive termination of the Easement.
<br />5. This Easement is subject to all existing easements, restrictions, declarations, covenants
<br />and encumbrances of record against the Real Estate.
<br />6. This Easement shall run with the Real Estate, and its term shall be perpetual.
<br />Notwithstanding the foregoing, if Legacy fails to provide Owner with the full amount of
<br />consideration set forth in the Easement Purchase Agreement, Owner may, upon sixty (60)
<br />days' written notice to Legacy, terminate this Easement unless Legacy cures its default
<br />within the 60 day period by providing the consideration set forth in the Easement
<br />Purchase Agreement. Legacy specifically acknowledges that the rights granted by Owner
<br />herein are subject to Legacy's fulfillment of the terms and conditions of the Easement
<br />Purchase Agreement. In addition, if Legacy discontinues use of the Easement Area, or
<br />discontinues, voluntarily or involuntarily, use of the Structure, the Owner shall have the
<br />right to terminate this Easement upon ninety (90) days' written notice to Legacy;
<br />provided, however, if the Structure is damaged, and Legacy commences work to repair or
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