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200605156 NOW THEREFORE, in consideration of the foregoing: 1. Declarant hereby declares, grants and conveys for itself, its agents, the Benefitted Parties, and their respective successors and assigns, a non-exclusive easement on, over and across the Sign Parcel for the construction, installation, maintenance, repair, replacement and removal of the Sign, and the right of ingress and egress across the Access Parcel to access the Sign Parcel and the Sign. Upon the completion of any work on the Sign or the Sign Parcel, Declarant, or such Benefitted Parties performing such work, at its or their sole cost and expense, shall promptly repair and restore any material damage to the Sign Parcel and the Access Parcel resulting from any such entry. 2. Declarant and/or such Benefitted Parties shall maintain, repair and replace the Sign in a good and attractive operating condition. Any and all work performed in connection with the Sign shall be done in a good and workmanlike manner and, once commenced, shall be promptly and diligently pursued to completion. Any and all such work shall be done in a manner so as not to unreasonably interfere with the operations being conducted on or from the Property. 3. Each and every one of the benefits and burdens of this Declaration shall inure to and be binding upon the respective successors and assigns of Declarant and the Benefitted Parties. The benefits and burdens hereof shall be a covenant running with the land and be appurtenant thereto. 4. This Declaration shall be governed and construed in accordance with the laws of the State in which the Property is located. '-z rfi'--- WITNESS WHEREOF, the undersigned has executed this Declaration as of the ----L-- day of V<-r-->-- , 2006. DECLARANT: 281 & OLD POTASH LLC, a Nebraska limited liability company By: Edgemark Development LLC, a Colorado limited liability company, Manager By: {31858.18.5/23/2006 11 :30 AMJEPE.A02I 8802.DOC; I} 2 ("Front Street Sign Easement")