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202207759
<br />3. Term. The term of the Access and Utilities Easement shall be perpetual. This Access and
<br />Utilities Easement is and shall be deemed to be a covenant running with the land and shall be binding upon
<br />the parties hereto and upon their successors and assigns, until released upon the unanimous agreement of
<br />the then record owners the Grantor Parcel and the Grantee Parcel. Any modification or amendment shall be
<br />effective when duly executed, acknowledged, and recorded in the Office of the Register of Deeds of Hall
<br />County, Nebraska.
<br />4. Purpose. The Access Utilities Easement and Encroachment Agreement is hereby granted
<br />for the following purposes: (i) to provide Grantee, Grantee's successors and assigns, and Grantee's tenants,
<br />agents, employees, invitees, licensees, and permitees ingress and egress over, across and upon the Easement
<br />Area, to and from the public rights-of-way commonly known as Old Potash Highway and Piper Street to
<br />access Grantee's Parcel; (ii) to provide Grantee and Grantee's successors and assigns access to electricity
<br />necessary to operate the Gate System and appurtenances connected with the operation of the Gate System
<br />owned by Grantee; and (iii) to Grantee, and Grantee's successors and assigns to permit the Encroachments
<br />to continue to exist so that Grantee its successors and assigns may reasonably use and operate the Gate
<br />System and the appurtenances connected therewith, as well as for the purpose of allowing Grantee and
<br />Grantee's successors and assigns, and Grantee's tenants, agents, employees, invitees, licensees, and
<br />permitees to permit the Encroachments related to vehicular ingress and egress to access Grantee's Parcel
<br />over the North Driveway.
<br />5. Maintenance of Easement Area. Except for the Encroachments, Grantor shall, at Grantor's
<br />cost, maintain the Easement Area (and all paving and other improvements thereon) in a manner
<br />substantially the same condition as the balance of the Grantor Parcel, including completing any paving
<br />repairs and performing snow removal, in a manner consistent with the performance by Grantor of such
<br />maintenance on the balance of the Grantor Parcel. Except as set forth in the preceding sentence, each party
<br />shall be responsible for the repair and maintenance of the real property owned by it and all improvements
<br />located on such real property in a manner determined by such party.
<br />6. Warranty of Title. Grantor hereby warrants and confirms to Grantee and Grantee's
<br />successors and assigns that (i) it is the owner of the Easement Area; (ii) has marketable fee simple title to
<br />Grantor's Parcel; and (iii) it has the right to grant and convey this Access and Utilities Easement and
<br />Encroachment Agreement in the manner set forth herein. Furthermore, Grantor and its successors and
<br />assigns will warrant and defend the Access and Utilities Easement and Encroachment Agreement granted
<br />herein against the lawful claims of all persons and entities.
<br />7. Taxes. Each party shall be solely responsible for payment of all real estate taxes and
<br />assessments, if any, on the real property owned by it and all improvements located on such real property.
<br />8. Restrictions. Neither Grantor nor any agent, servant, or employee of Grantor, nor any
<br />successor or assign of Grantor (the "Grantor Parties"), shall create, permit, or suffer at any time any
<br />obstruction to or interference with the: (i) ingress and egress over, across, and upon the Easement Area for
<br />any purpose; (ii) ongoing connection to electricity source; and (iii) operation or removal of the Gate System.
<br />Furthermore, the Grantor Parties shall not, at any time, endanger, interfere with, or otherwise obstruct the
<br />maintenance, repair, operation or use of the Easement Area for ingress and egress, nor unreasonably impede
<br />or interfere with Grantee's rights of access and use pursuant to this Agreement.
<br />9. Remedies.
<br />a. In the event the Grantor fails to maintain and repair Easement Area as herein
<br />provided, Grantee, after thirty (30) day prior advance notice to Grantor, shall have the right (but
<br />not a duty) to perform such obligations; provided, however, no notice shall be required by Grantee
<br />for any failure by Grantor to perform its maintenance and repair obligations that causes an
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