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202207759 shall be owned, held, transferred, sold, conveyed, used, and occupied and mortgaged or otherwise encumbered subject to the provisions of this Agreement and every grantee of any interest in either such property, by acceptance of a deed or other conveyance of such interest, and every person or entity owning an interest in any portion of either such property shall be subject to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual grants, covenants, and promises contained herein, and of the mutual benefits accruing to each of the parties hereto, their respective successors and assigns, and other good and valuable consideration, the receipt and sufficiency of which are all hereby acknowledged by each of the parties hereto, and intending to be legally bound, Grantor and Grantee agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated herein as a material part of this Easement Agreement. 2. Grant of Easement. Grantor hereby grants and conveys unto Grantee and Grantee's successors and assigns the following easements and other rights (collectively, the "Access and Utilities Easement"): a. Access Easement. A perpetual, non-exclusive access easement (the "Access Easement") over and across the portions of the Grantor Parcel generally depicted on the attached Exhibit "C" (the "Easement Area") for purposes of ingress egress over, across, and upon the Grantor Parcel, to and from the public rights-of-way commonly known as West Old Potash Highway and Piper Street. The Access Easement is and shall be for the benefit of the Grantee Parcel which Grantee, and its successors and assigns may use for ingress and egress, provided that the Easement Area shall at all times include an area reasonably suitable for vehicular ingress and egress. b. Utilities Easement. A perpetual, non-exclusive easement (the "Utilities Easement") to access and connect into a source of electricity, located on the Grantor Parcel, as may be necessary to operate the Gate System, including the appurtenances connected therewith, owned and operated by Grantee. The Utilities Easement is and shall be for the benefit of the Grantee Parcel, which Grantee, and its successors and assigns may use for continued operation of the Gate System and the appurtenances. c. Encroachment Agreement. A perpetual exclusive easement over and across the Easement Area for the purposes of permitting the Encroachments to continue to exist within such Easement Area so that Grantee, and its successors and assigns can continue to use and operate the Gate System and reasonably use the North Driveway for vehicular ingress and egress to access Grantee's Parcel. In addition, for the purpose of reasonable use the Easement Area for vehicular ingress and egress to access the Grantee Parcel, Grantee's tenants, agents, employees, invitees, licensees, and permits shall also benefit from the Encroachments. Grantee, and its successor and assigns shall maintain the Encroachments within the Easement Area in a safe and proper manner. Grantor acknowledges and agrees that the Gate System is owned by Grantee. d. Acknowledgement. Grantor acknowledges and agrees that the intent of the grant of the Access and Utilities Easement and Encroachment Agreement is to provide Grantee with substantially the same access over the Grantor Parcel as Grantee used prior to conveyance of the Grantor Parcel to Grantor and to provide Grantee with substantially the same use and enjoyment of the Gate System (including without limitation the connection to the source of electricity located on the Grantor Parcel) and the North Driveway as the Grantee used prior to the conveyance of the Grantor Parcel to Grantor, and the scope of the Access and Utilities Easement and Encroachment Agreement shall be interpreted consistent with such intent. 2