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200406864
<br />AGREEMENT:
<br />NOW, THEREFORE, in consideration of the aforesaid recitals, and other good and
<br />valuable consideration, Trust hereby declares that the Trust Property shall be held, sold and
<br />conveyed subject to the following covenants, easements and conditions which shall run with the
<br />Trust Property, burden the Trust Property and be binding on all parties having a right, title or
<br />interest therein along with their heirs, successors and assigns and which shall inure to the benefit
<br />of Poland, its successors and/or assigns, and Poland hereby declares that the Poland Property
<br />shall be held, sold and conveyed subject to the following covenants, easements and conditions
<br />which shall run with the Poland Property, burden the Poland Property and be binding on all
<br />parties having a right, title and interest therein, along with their successors and assigns and which
<br />shall inure to the benefit of Trust, its successors and/or assigns.
<br />1. The parties hereto confirm and agree that the recitals set forth above are true and
<br />correct, and incorporate the same herein for all purposes.
<br />2. Trust does hereby grant, bargain, sell and convey to Poland, its successors and/or
<br />assigns, agents, licensees and invitees, a perpetual non - exclusive easement for pedestrian and
<br />vehicular ingress, egress and regress (the "Poland Easement ") over that portion of the Easement
<br />Area which is located on the Trust Property (the "Poland Easement Area "). It is understood and
<br />agreed that Poland shall have the right to assign these easement rights and benefits accruing
<br />hereunder for the purposes provided herein.
<br />3. Poland does hereby grant, bargain, sell and convey to Trust, its successors and /or
<br />assigns, agents, licensees and invitees, a perpetual non - exclusive easement for pedestrian and
<br />vehicular ingress, egress and regress (the "Trust Easement ") over that portion of the Easement
<br />Area which is located on the Poland Property (the "Trust Easement Area "). It is understood and
<br />agreed that Trust shall have the right to assign these easement rights and benefits accruing
<br />hereunder for the purposes provided herein.
<br />4. Poland does hereby grant, bargain, sell and convey to Trust, its successors and/or
<br />assigns, a non - exclusive easement and right of way to permit Trust and its successors, assigns,
<br />agents, employees, contractors and subcontractors to construct that portion of the Access Road,
<br />which is to be located on the Trust Easement Area, together with the right of ingress and egress
<br />upon the Trust Easement Area as reasonably necessary to construct the Access Road. Trust and
<br />its successors and/or assigns shall have the sole right to demolish, excavate, grade, construct the
<br />Access Road upon and otherwise improve the Easement Area. No buildings, improvements or
<br />other structures, nor any fill or fill material, or embankment work shall be placed in, on, over or
<br />across the Easement Area by Poland or its successors or assigns. Poland acknowledges that
<br />Trust has no duty to construct the Access Road and may do so in its sole discretion, without
<br />liability to Poland.
<br />5. Poland does hereby grant, bargain, sell and convey to Trust, its successors and/or
<br />assigns, agents, and licensees, a perpetual non - exclusive easement for the installation, operation,
<br />maintenance and replacement of utilities on, above or below the Trust Easement Area, including,
<br />01- 499230.4 2
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