200801578 - Laserfiche WebLink

Browse

200801578 2. Use. The Permittees shall have the nonexclusive unrestricted use of the area within the Easement for the purposes set forth herein. In use of the Easement, the owner of Lot 2 and its employees, agents, invitees and contractors (collectively "Lot 2 Owners") shall not unreasonably interfere with or block the usage of the Easement by the Permittees. The Declarant and the owner of Lot 1 shall have the right to connect to the Easement on Lot 2 for the purposes set forth in this Easement. Any connection to the Easement shall be at the sole cost and expense of the Permittee. The owner of Lot 2 shall operate, maintain and replace the surface and subsurface of the Easement in accordance with Section 2.8 of the ECR Declaration dated December 10, 2003, and recorded as Instrument No. 0200316111 in the office of the Register of Deeds of Hall County, Nebraska. Any damage caused to Lot 2 as a result of any Permittee's exercise of any rights under the Easement shall be immediately repaired by the Pennittee, and the Permittee shall indemnify and hold the owner of Lot 2 and its guests, invitees, employees, agents and contractors ("Indemnified Parties") harmless from and against any and all liabilities, damages, claims, costs, expenses and reasonable attorney's fees incurred by the Indemnified Parties as a result of the Declarant's exercise of the rights granted under this Declaration with respect thereto. 3. Amendment and Termination. This Declaration or any provision herein contained may not be terminated in any manner without the express written consent of the Declarant or its designee and the owner of Lot 1, or amended in any manner without the express written consent of the Declarant or its designee and the owners of Lot 1 and Lot 2. No tenant, licensee or other person having only a possessory interest in the Property is required to join in the execution of or consent to any action of the owner of such Property taken pursuant to this Declaration. 4. Notices. All notices, statements, demands, approvals or other communications given pursuant to this Declaration will be in writing and will be delivered in person, by certified or registered mail, postage prepaid, or by recognized courier service to the owners of the Properties affected at the addresses on file with the office of the Hall County Assessor for delivery of ad valorem tax statements relating to their respective Properties. All such notices which are mailed shall be deemed to be delivered on the third day after postmark unless delivered sooner. 5. Declarant's Consent. In the event Declarant does not respond to owner's written requests for approvals or consents of Declarant as required by this Declaration, within thirty (30) days of the effective date of delivery to Declarant of such owner's written request, such request shall be deemed approved. 6. Miscellaneous. This Declaration will be construed in accordance with the laws of the State of Nebraska. The provisions of this Declaration will be binding upon the owners of Lots 1 and 2 and their successors, assigns, heirs and personal representatives to the extent provided herein. 2