|
<br />If)
<br />:-
<br />~
<br />I
<br />
<br /> ;g n Jr'
<br /> m ~ en '.
<br /> ""11
<br /> C n ::c .......
<br />n z ~
<br />% ~ C
<br />~ r.....".,:;I I
<br />m ..!: (~ Q (fJ
<br />n en c~ 0
<br />::E: l5' "''7.> 0 -!
<br />~ '" c:: J>
<br /> ^ ~~;" .... '...i) :z: -! N
<br /> f".,. ,\,~
<br /> \!\ .-" f.,. r-., -! rr1
<br /> 0 r'Tl -0 -< C=>
<br /> ,.-"") !'-- C Oi'
<br /> o'--..t: r0 0 "T! 0
<br /> ~ \ 0 .."
<br /> --rJ .~: ., CT)
<br /> b -
<br /> C"J :r.: nl ~
<br /> fo' " -1) 1:>- 01 C)
<br /> rtl ~ ::3 i :;c
<br /> (D l i 1:>- eo
<br /> (J1 (f)
<br /> (..;) ;><: J: i
<br /> J> W
<br /> ........ ---- .-----
<br /> J: <1'l CO
<br /> (,Q 2
<br /> 0
<br />
<br />I\.)
<br />s
<br />s
<br />0)
<br />S
<br /><Xl
<br />~
<br />c..v
<br /><Xl
<br />
<br />'---rh1Silistrument prepared by:
<br />Brad Rogers
<br />Wal-Mart Stores, Inc.
<br />2001 S.E. 10th Street
<br />Bentonville, AR 72716-0550
<br />(479) 204-3147
<br />
<br />Return recorded document to:
<br />Fidelity National Title Insurance Company
<br />717 North Harwood Street, Suite 800
<br />Dallas, TX 75201
<br />Attn: Rod Paris
<br />(214) 969-5300
<br />
<br />~
<br />~
<br />\,-'t
<br />
<br />"
<br />
<br />ACCESS EASEMENT
<br />
<br />This ACCESS EASEMENT is made effective ~ ' 1 , 2006, between ERIC S.
<br />ZORN, AS MANAGING TRUSTEE FOR WAL~MART RE L ESTATE BUSINESS TRUST, a Delaware
<br />statutory trust, with an address of 702 S.W. 8th Street, Bentonville, AR 72716 ("Wal-Mart"); and GRAND
<br />ISLAND NEBRASKA ASSOCIATES, LLC, a Michigan limited liability company, with an address of 89 W.
<br />Chicago Street, Coldwater, MI 49036 ("Grantee").
<br />
<br />WITNESSETH
<br />
<br />WHEREAS, Wal-Mart is the owner of that certain tract or parcel of land situated in the City of
<br />Grand Island, County of Hall, State of Nebraska, identified as Tract 1 on the site plan attached hereto as
<br />Exhibit "A" ("Tract 1 "); and
<br />
<br />WHEREAS, Grantee will be by the time this instrument is recorded the owner of that 1.84 acre,
<br />more or less, tract or parcel of land in the same city, county, and state, which tract lies adjacent to Tract 1 and is
<br />identified as Tract 2 on Exhibit "A" and more fully described on Exhibit "B" ("Tract 2") which tract Wal-Mart
<br />Stores, Inc., is current owner of and intends to convey title to Grantee by deed; and
<br />
<br />WHEREAS, Grantee has requested from Wal-Mart, and Wal-Mart is desirous of granting to
<br />Grantee, a non-exclusive easement for pedestrian and vehicular ingress and egress over and across that portion
<br />of Tract 1 identified as the Access Area on Exhibit "A" and more fully described on Exhibit "c" ("Access
<br />Area ") .
<br />
<br />NOW THEREFORE, in consideration of one dollar ($1.00) and other good and valuable
<br />consideration, Wal-Mart does hereby grant to Grantee a non-exclusive easement for vehicular and pedestrian
<br />ingress and egress over and across the Access Area for access to and from Tract 2, subject to the following
<br />terms and conditions to which the parties hereto do hereby agree:
<br />
<br />1. Use of Access Area. The ingress and egress rights granted hereby may be used
<br />non-exclusively by, and are limited to, Grantee and its tenants and their respective customers and employees
<br />associated with the business operation to be located on Tract 2. Only passenger vehicles and light trucks and
<br />pedestrian traffic associated with Tract 2 may use the Access Area, but nothing herein shall be construed to
<br />limit or restrict ingress or egress associated with Tract 1 or any part thereof. Grantee shall not be allowed to use
<br />the Access Area for heavy truck traffic except as may be necessary for developing Tract 2 or delivering
<br />merchandise to the business operation to be located thereon.
<br />
<br />2. Maintenance. (a) In the event Wal-Mart fails to maintain or repair the Access Area, Grantee
<br />may do so at its sole expense, provided Grantee uses like or similar quality and type of materials originally
<br />installed on the Access Area, and further provided Grantee does not change the grade or elevation of the Access
<br />Area without the permission of Wal-Mart. Any repair or maintenance performed within the Access Area must
<br />be preceded by a two (2) week written notice to Wal-Mart. Notwithstanding the foregoing, routine maintenance
<br />or construction shall be prohibited during the months of November and December, except for the initial
<br />
|