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202402095
<br />(b) A non-exclusive PERPETUAL EASEMENT ("Access Easement")
<br />across, in, on, over and upon that certain portion of the Property more particularly
<br />described in Exhibit B, attached hereto and made a part hereof ("Access Easement
<br />Area"), for the purpose of vehicular and pedestrian ingress and egress onto Grantor's
<br />adjacent railroad right-of-way property, including one (1) cellular/microwave tower
<br />and appurtenant facilities located thereon ("Grantor's Adjacent Property"), across an
<br />existing gravel roadway located across, in, on, over and upon the Access Easement
<br />Area. The Access Easement shall run with and be appurtenant to and for the benefit of
<br />Grantor's Adjacent Property (and each and every parcel into which it may be divided)
<br />as the dominant tenement and shall be a burden upon the Property as the servient
<br />tenement. Grantee shall be solely responsible for the cost of repair and maintenance to
<br />the Access Easement Area.
<br />The Property is quitclaimed by Grantor subject to the following covenants, conditions
<br />and restrictions which Grantee, by the acceptance of this instrument, covenants for itself, its
<br />successors and assigns, faithfully to keep, observe and perform:
<br />Restriction on Use. The Property must not be used for (i) residential, (ii) lodgings or
<br />accommodations (including, without limitation, hotels, motels, boarding houses,
<br />dormitories, hospitals, nursing homes, or retirement centers), or (iii) educational or
<br />child-care facilities (including, without limitation, schools, kindergartens or day-care
<br />centers).
<br />The foregoing and following covenants, conditions and restrictions shall run with the
<br />Property, the burdens of which will be binding on the successors and assigns of Grantee and the
<br />benefits of which will inure to the successors and assigns of Grantor. A breach of the foregoing and
<br />following covenants, conditions and restrictions, or the continuance thereof, may, at the option of
<br />Grantor, its successors or assigns, be enjoined, abated, or remedied by appropriate proceedings.
<br />Environmental Covenants:
<br />(a) "As Is" Sale. Grantee acknowledges and agrees that the Property is
<br />sold and quitclaimed by Grantor and accepted by Grantee in an "as is" condition with
<br />all faults. Grantee further acknowledges that the Property was used for railroad,
<br />commercial and industrial purposes. Grantor makes no representation or warranties
<br />of any kind whatsoever, either express or implied, with respect to the Property; in
<br />particular, but without limitation, Grantor makes no representations or warranties
<br />with respect to the use, condition, title, occupation or management of the Property, or
<br />compliance with applicable statutes, laws, codes, ordinances, regulations,
<br />requirements, covenants, conditions and restrictions (whether or not of record).
<br />Grantee acknowledges that it is executing this instrument on the basis of Grantee's
<br />own investigation of the physical and environmental conditions of the Property,
<br />including the subsurface conditions, and Grantee assumes the risk that adverse
<br />physical and environmental conditions may not have been revealed by its
<br />investigation.
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