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WHEREAS, Grantor is the owner of the real estate legally described as Lot Ten (10), Westgate Sixth Subdivision in the City of Grand Island, Hall County, Nebraska ( "Servient Estate "); and WHEREAS, Grantee is the owner of the real estate legally described as Lot Two (2), Westgate Eighth Subdivision in the City of Grand Island, Hall County, Nebraska ( "Dominant Estate "); and WHEREAS, on February 14, 2003; Grantor and Grantee entered into a Memorandum Agreement providing that Grantor would grant and convey a perpetual easement for parking purposes to Grantee upon part of the Servient Estate; and WHEREAS, the parties desire to enter into this Easement Agreement. IN CONSIDERATION of the mutual covenants and agreements of the parties, it is therefore agreed as follows: 1. Grantor hereby grants and conveys to Grantee a permanent and perpetual easement for parking upon the part of the Servient Estate legally described as set forth on Exhibit 1 attached hereto and incorporated herein by reference. 2. Grantee shall maintain the parking lot in its current condition at Grantee's expense except that if Grantor develops the remaining portion of the Servient Estate, Grantor shall pay one - half of the maintenance, repair or replacement expense for the parking lot and in such event, the Grantor and Grantee, their customers and patrons, shall each have equal right to the use of the parking lot. This easement shall run with the land and shall be binding and inure to the benefit and detriment of the parties to this agree- ment, their respective heirs, successors in interest and assigns. N o C? CJ7 M 0R / n (� > N O - _ -J O C:) _11 0 �7 3 D ca r o Nr rn cad Cil CD CIO Wz 200309123 EASEMENT AGREEMENT ao A01 THIS AGREEMENT made and entered into L 2003, o� o�S by and between Martin J. Partridge, a single pers n ( "Grantor ") and Mehring, Inc., a Nebraska corporation ( "Grantee "). RECITALS: WHEREAS, Grantor is the owner of the real estate legally described as Lot Ten (10), Westgate Sixth Subdivision in the City of Grand Island, Hall County, Nebraska ( "Servient Estate "); and WHEREAS, Grantee is the owner of the real estate legally described as Lot Two (2), Westgate Eighth Subdivision in the City of Grand Island, Hall County, Nebraska ( "Dominant Estate "); and WHEREAS, on February 14, 2003; Grantor and Grantee entered into a Memorandum Agreement providing that Grantor would grant and convey a perpetual easement for parking purposes to Grantee upon part of the Servient Estate; and WHEREAS, the parties desire to enter into this Easement Agreement. IN CONSIDERATION of the mutual covenants and agreements of the parties, it is therefore agreed as follows: 1. Grantor hereby grants and conveys to Grantee a permanent and perpetual easement for parking upon the part of the Servient Estate legally described as set forth on Exhibit 1 attached hereto and incorporated herein by reference. 2. Grantee shall maintain the parking lot in its current condition at Grantee's expense except that if Grantor develops the remaining portion of the Servient Estate, Grantor shall pay one - half of the maintenance, repair or replacement expense for the parking lot and in such event, the Grantor and Grantee, their customers and patrons, shall each have equal right to the use of the parking lot. This easement shall run with the land and shall be binding and inure to the benefit and detriment of the parties to this agree- ment, their respective heirs, successors in interest and assigns.