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5. A water drainage area which now drains the Kruse <br />Property has been established on the Yankten Property to replace <br />a natural drainage area and that now existing drainage area is <br />hereafter referred to as the Yankten Drainage Area. The Kruses <br />hereby waive their right to require Betty A. Yankten to reopen <br />the original drainage area which has been replaced by the <br />Yankten Drainage Area. In consideration for that waiver, Betty <br />A. Yankten grants to The Kruses the right to use the Yankten <br />Drainage Area for water coming off of the Kruse Property. Betty <br />A. Yankten agrees that it is her responsibility to keep the <br />Yankten Drainage Area open and free from obstruction that would <br />interfere with the flow of water. Be- y A. Yankten further <br />agrees that she is responsible for any damage that may be caused <br />by the backup of water caused by obstructions in the Yankten <br />Drainage Area. If the Yankten Drainage Area is obstructed at <br />any time, The Kruses and their agents shall have the right, but <br />not the duty, to enter the Yankten Property and clear the <br />obstructions and be reimbursed for the costs thereof by Betty A. <br />Yankten and her successors in ownership of the Yankten Property. <br />6. The rights granted in this Mutual Agreement are <br />perpetual easements that run with the land and which are binding <br />upon Betty A. Yankten and The Kruses, their heirs, personal <br />representatives, assigns and grantees and all persons claiming <br />any right, title or interest in either the Yankten Property or <br />the Kruse Property by, through or under any of them. <br />�� ��Executed this --�Q�= day of 2005. <br />Betty 6aten <br />Ima J n Kruse <br />Daniel Kruse <br />Donna Kruse <br />2 <br />