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202605105 <br />(BASIS OF BEARING BEING THE HALL COUNTY LOW DISTORTION <br />PROJECTION) ON THE SOUTHERLY LINE OF SAID LOT 3, A DISTANCE OF 68.08 <br />FEET TO THE POINT OF BEGINNING; THENCE N89°31'34"E, A DISTANCE OF <br />80.05 FEET; THENCE S00°28'26"E, A DISTANCE OF 80.05 FEET TO SAID <br />SOUTHERLY LINE; THENCE N45°28'26"W, ON SAID SOUTHERLY LINE, A <br />DISTANCE OF 113.20 FEET TO THE POINT OF BEGINNING, CONTAINING 3203 <br />SQ. FT., MORE OR LESS. <br />The "Easement." See Attached Exhibit "A," survey of the property. <br />Grantee shall acquire and maintain all necessary local, state and federal governmental <br />approvals to construct and use the Improvements. <br />This Easement is conditioned upon Grantee or its designee maintaining a commercial <br />general liability insurance policy for property damage and liability, including but not limited to <br />bodily injury, in the amount of Two Million Dollars ($2,000,000.00) per occurrence, Four Million <br />Dollars ($4,000,000.00) aggregate. Grantee shall at all times maintain a Workers Compensation <br />or, if applicable, an Employer's Liability Insurance Policy to the Statutory Limits. <br />This Easement is further conditioned upon Grantee being responsible for the acts and <br />omissions (including physical damage or liability) of all subcontractors and sub -subcontractors it <br />uses pursuant to this Easement. <br />If after construction, Grantee or its successors or permitted assigns fails to use the Easement <br />Area for telecommunications purposes for a period of (24) consecutive months, Grantee or its <br />successors or assigns shall, within (90) days, remove all Improvements, including personal and <br />mixed property thereon, and restore the Easement Area to substantially the same condition as <br />received, reasonable wear and tear excepted, so that the property may be used for agricultural <br />purposes. <br />Grantee may assign this Easement, together with the rights and obligations associated with <br />the Easement, at any time, to any legal entity, by giving written notification of the assignment to <br />the Grantor at the address noted above. <br />Grantee agrees to indemnify, defend and hold Grantor, its officers and employees harmless <br />from and against all claims and suits by third parties for damages, injuries to persons (including <br />death), property damages, losses, and expenses including court costs and reasonable attorney's <br />fees, arising out of, or resulting from Grantee's construction and operation of a <br />telecommunications tower and related facilities as set forth herein. Parties found liable shall pay <br />their proportionate share of damages as agreed by the parties or as ordered by a court of competent <br />jurisdiction over the case. <br />All real estate taxes pertaining to the Easement will be paid by Grantor; any personal <br />property taxes or taxes for Improvements on the real property made by Grantee shall be paid by <br />Grantee. <br />