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200901914 it traverses the Hastings Property legally described in Exhibit "e" and depicted on Exhibit "D", which is attached and incorporated by this reference (the "Easement Area"). This easement will terminate when the Hastings Property adjacent to the Woodland Property is developed and Pennsylvania Avenue is extended through the Hastings Property. 2. Grading. Ifrequired, Woodland shall, at its sole cost and expense, perform the' grading of the Easement Area as expeditiously as is reasonable and in a good and workmanlike manner to accommodate the use of the Turn Around Area. Woodland shall be responsible for'the design and grading necessary to accommodate the transition of grade between the Easement Area and the Hastings Property. 3. Temporary Construction Easement. In connection with the grading to be performed by Woodland on the Hastings Property, Hastings hereby grants to Woodland a temporary construction easement upon the Hastings Property in order for Woodland to perform the grading. The temporary construction easement granted herein shall be limited to the Easement Area and shall terminate upon completion of the construction of the grading. 4. Binding Effect. The gra,nt of this'Easement shall be binding upon the heirs, executors, administrators, successors and assigns of Hastings herein. Woodland and its successors and assigns, including but not limited to the owners of the Woodland Park Townhomes and shall be entitled to use and enjoy the Easement granted by Hastings herein. 5. Maintenance. The parties agree that the Easement, Area shall be maintained and kept in good repair and shall be kept clear of snow, ice, and other obstructions. The maintenance obligations of the parties shall include any construction, reconstruction, removal, replacement, operation, maintenance, repair or improvement of the easements. All maintenance shall be performed in a workmanlike manner and solely at the cost and expense of the parties actually using the Easement Area. Provided, however, in the event Woodland is the only party using the Easement Area such maintenance obligation shall belong solely to Woodland. 6. Liability. The sole rights granted herein are the rights to use the Easement Area for the purposes described herein, and each party shall be liable to the other party for any damage caused by the use of the Easement Area by them or their employees, invitees, agents, successors or assigns. Woodland further agrees that Woodland shall not cause, permit, or allow any use of the Easement Area that will materially interfere with the use of the Hastings Property by Hastings once the Hastings Property is developed eliminating the need for the Turn Around Areas 7. Other Agreements. This Easement shall constitute the entire easement and agreement between the owners of the Hastings Property and the Woodland Property with respect to the subject matter hereof and supersedes all prior easements of record, if any, relating to the property referenced herein. 8. Further Assurances. Each undersigned party will, whenever it shall be reasonably requested to do so by the other, promptly execute, acknowledge, and deliver, or cause to be executed, acknowledged, or delivered, any and all such further conveyances, conflfIllations, instruments, or further assurances and consents as may be necessary or proper, in order to effectuate the covenants and agreements herein 0919896.3 -2-