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200801577
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Last modified
2/27/2008 3:10:56 PM
Creation date
2/27/2008 3:10:56 PM
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DEEDS
Inst Number
200801577
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<br />200801577 <br /> <br />2. Permittees. Subject to the provisions of this Declaration, the Easement Area and the <br />Sign shall be used exclusively by the Grantor and the real property owners and tenants located <br />within Eagle Run in accordance with Sections 8 and 9 of that certain Second Amendment to <br />Declaration of Restrictions and Grant of Easements dated July 24, 2002 (the "Second <br />Amendment"). The Second Amendment was recorded on July 25, 2002 as Instrument No. <br />0200207725 in the Official Records of Ran County, Nebraska. All persons and entities benefited <br />by the easement established by this Declaration are referred to from time to time conectively as the <br />"Permittees". <br /> <br />3. Access to Sign. The record owner of Lot 2 shall at all times provide the Grantor and <br />the Permittees and their respective contractors, employees and agents nonexclusive temporary <br />easements for entry and access upon, over, across and under the Easement Area for the <br />construction, placement, installation, repair, maintenance, replacement and removal of the Sign <br />including any utility line servicing the Sign. <br /> <br />4. Maintenance. Grantor and the Permittees shall maintain and keep in good repair the <br />Sign and Easement Area. Such maintenance obligations shall be performed in a workmanlike <br />manner and shall be solely at the cost and expense of the Grantor and the Permittees in accordance <br />with the terms of the Second Amendment. <br /> <br />5. Exercise Responsibility. The Grantor or any Permitee and their respective <br />contractors, employees and agents, exercising any right granted under this Declaration shall be <br />responsible, at its sole cost and expense, for the prompt repair and restoration of any portion of the <br />Easement Area and Lot 2 which is damaged by reason of such exercise, including any landscaping <br />located thereon, with such damaged area or areas to be restored to the condition which existed <br />immediately prior to such damage. In the event Grantor or any Permittee does not restore the <br />Easement Area as required herein, Grantor agrees to be liable for the reasonable cost of such <br />restoration or repair undertaken by or at the direction of the record owner of Lot 2 if such owner <br />provides written notice to Grantor advising Grantor of the necessity of repairs and allowing Grantor <br />a reasonable time (but in no event more than thirty (30) days) to perform the restoration. Subject to <br />this Easement, the record owner of Lot 2 shan have the full use and enjoyment of Lot 2. <br /> <br />6. Record Owner of Lot 2's Use and Limitations. The record owner of Lot 2 shan have <br />the right to use and occupy the Easement Area for any purpose consistent with the rights and <br />privileges above granted and which win not interfere with Grantor or the Permitee's rights <br />hereunder. <br /> <br />7. Indemnification. Grantor, its successors and assigns, shan indemnify, defend and <br />save the record owner of Lot 2 and its agents, employees, members, directors and officers harn11ess <br />from all loss, damages, liability, costs or expenses, including, but not limited to, reasonable <br />attorney's fees and an other sums incurred by or threatened against the record owner of Lot 2, its <br />agents, employees, members, directors and officers because of any claim or assertion of liability <br />arising or alleged to have arisen out of any act or omission of Grantor or Permittee, its agents, <br />employees and contractors, for any work to be performed by or at the direction of Grantor or <br />Permittee pursuant to this Agreement. <br /> <br />2 <br />
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