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200906201 such Easement Area and be binding on the Grantor and its successors, heirs and any person who shall, after the effective date of this instrument acquire title to 'whe Easement Are<~. 3. Scope of Eagemeats. The easements granted" herein shall not provide a greater or different right of ingress and egress than provided to Grantox, its tenants or residents. 4. Maintenance. Grantor shall be responsible for the maintenance of the Easement Area, including striping, resurfacing, snow removal, and other maintenance items necessary to be done to the Easement Area. Tn consideration of the grant of the easement, the Grantees axed their successors and assigns shall pay to Grantor their "Allocable Share" of the annual maintenance costs of the Easement Area as a quarterly coritribution of 1/4 of the total of such costs clue and payable on the 1'' day of each quarter (January, April, July, ~ctoberj upon notice from Grantor ("Maintenance Payment") .Grantor and Grantees shall j ointly develop a budget for the maintenance of the Easement Area. The annual maintenance costs shall be allocated based on square footage owned by Grantor and each Grantee so that the nuxnerator is the square footage owned by Grantor or Grantee and the denominator is the total square footage of the abutting properties using the easement area. The allocations for each party for such maintenance costs as budgeted will be as follows: A. GILD Pror~erty -Twenty-four percent (24%) $3,675.30 sq. ft./35D,945.21 B. Illyde _Pro~ -Thirteen and one-half percent (13.5%) 47,241.23 sq. ft./35D, 945.21 C. Buffalo Property -Thirteen and one-half percent (13.5%) 47,239.76 sq. ft./350,945.21 D. CR-PRP Property -Forty-Nine percent (49%) 172,788.92 sq. ft./350.945.21 Annually thereafter, Grantor and Grantees shall jointly prepare a budget for the maintenance of the Easement Area and each party shall be responsible for the payment of their Allocable Share of such costs on a quarterly basis as described above. At the conclusion of each year, Grantor shall conduct a reconciliation of the actual cost of such maintenance to the budget and shall notify each Grantee of any variance thereof. In the event that the actual costs exceed the budget, each Grantee shall pay their Allocable Share of such excess to Grantor within thirty (30) days of such notice. To the extent that the actual cost is less than the budgeted annount, any overpayment shall be applied to the next year's budget. 5. Entire Agreement. This Easement Agreement coxistitutes the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Easezn.ent Agreement shall not be binding on the parties except to the extent incorporated in this Easement Agreement. This Easement Agreement shall be construed and interpreted in accordance with the laws of the State of Nebraska. 0965237.3