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200406869 Easements. a. Ingress, Egress, and Access Easements. Trust does hereby grant and convey to Wal -Mart and its successors and/or assigns, a perpetual non - exclusive easement for pedestrian and vehicular ingress, egress and regress over that portion of the Trust Property legally described as Outlot B of Wal -Mart South Addition to the City of Grand Island, Hall County, Nebraska and identified as a "Access and Utility Easement" on the Site Plan (the "Access Easement Area ") by Wal -Mart and its agents, customers, invitees, licensees, tenants and employees. No party shall erect any permanent structures over or across the Access Easement Area. Wal -Mart does hereby grant and convey to Trust and its successors and/or assigns, a perpetual non - exclusive easement for pedestrian and vehicular ingress, egress, and regress over the Wal -Mart Property by Trust and its agents, customers, invitees, licensees, tenants and employees (the "Trust Access Easement "). Except as otherwise set forth in Section 3(b) hereof, Wal -Mart hereby reserves the unilateral right to construct buildings or other improvements on the Wal- Mart Property, provided that such buildings do not unreasonably impede the orderly flow of vehicular and pedestrian traffic to, from and between the Wal -Mart Property and the Trust Property. Wal -Mart also reserves the unilateral right to alter or modify the parking areas, access ways, entrances, and exits on the Wal -Mart Property. Notwithstanding anything in the preceding sentence to the contrary, the location of the curb cut identified as the "Fixed Access Point" on the Site Plan shall not be changed by Wal -Mart. b. Utility and Service Easements. Trust and Wal -Mart do hereby grant and convey to each other and their respective successors and/or assigns, a perpetual non- exclusive easement for the installation, repair and replacement of storm drains, sewers, utilities and other proper services necessary for the orderly development and operation of the Wal -Mart Property and the Trust Property over the Access Easement Area. The parties shall cooperate in the granting of appropriate and proper easements for the installation, repair and replacement of storm drains, sewers, utilities and other proper services necessary for the orderly development and operation of the Wal -Mart Property and the Trust Property. Both parties will use their best efforts to cause the installation of such utility and service lines prior to any paving. If from a necessity either party has to install such lines underneath areas already paved by the other party, then the installing party shall restore the paving to its original or better condition promptly after the installation. No such lines, sewers, utilities or services of one party shall be installed in a place where a building is anticipated to exist in the future. C. Water Flow. Each party hereto agrees that it will not alter the flow of surface water from its property onto the other, provided that any alteration in the water flow which may occur as a natural consequence of normal construction activities (including without limitation building and building expansion, curbs, drives and paving) shall be permitted. d. The Trust hereby grants to Wal -Mart, for the benefit of the Wal -Mart Property and Wal -Mart's successors and assigns, perpetual easements (i) to allow storm -water leaving the Wal -Mart Property to enter onto and/or cross over that portion of the Trust Property which comprises a part of the "45' Drainage Easement" which is depicted and legally described on Exhibit D attached hereto (the "Drainage Easement 01498488.6/4 4