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<br />200702031 <br /> <br />pay the costs and expenses associated with the repair and maintenance of the underground wiring <br />which provides electricity to the GIS grain bin. <br /> <br />6. Electricity and other Utility Expenses. Beberniss hereby agrees to pay all <br />electricity or other utility expenses incurred as a result of the usage of the GIS grain bin. <br /> <br />7. Taxes. Beberniss hereby agrees to pay all taxes levied upon the GIS grain bin. <br /> <br />8. Indemnification. Bebemiss agrees to indemnify and hold Nelson harmless from <br />any and all claims, liability, loss, damage or expenses resulting from Bebemiss', and their <br />agents, use of the subject property to access the GIS grain gin or the use of the GIS grain bin <br />itself, including any claim, liability, loss or damage arising by reason of the injury to, or death of, <br />any person or persons or by reason of damage to any property caused by the conditions of the <br />GIS grain bin or the acts or omissions of Be be miss or any person in or on the subject property to <br />access the GIS grain bin or in or on the GIS grain bin itself with the express or implied consent <br />of Be be miss. <br /> <br />9. Effect of Default. In the event Bebemiss should default in the performance of this <br />Agreement, Nelson shall be free to pursue any and all equitable and legal remedies as are <br />available to Nelson by reason of such default. Likewise, in the event Nelson should default in <br />the performance of this Agreement, Bebemiss shall be free to pursue any and all equitable and <br />legal remedies as are available to Bebemiss by reason of such default <br /> <br />10. Modification. It is agreed that no change or changes shall be made in and to this <br />Agreement, except by writing signed by the parties hereto, setting forth the terms of the agreed <br />modification. <br /> <br />11. Binding Effect. This Agreement shall be binding upon, and shall inure to the <br />benefit of, the parties, their heirs, personal representatives, successors and assigns. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date <br />first noted above. <br /> <br />41 .~~~;---_. <br />Ne~lson <br /> <br />I~... <br /> <br />(j(a...<.L-1....<1....-!r\ If) ~ <br />Laura M. Nelson <br /> <br />"Nelson" <br /> <br />ct~ /';( ffiArru~ <br /> <br />Cleo Bebemiss <br /> <br />2 <br />