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200501599 Grand Island, Nebraska Store # ACCESS EASEMENT AGREEMENT THIS ACCESS EASEMENT AGREEMENT (hereinafter referred to as this "Easement Agreement "), is made effective as of the ,2L day of { , 200 , by and among MENARD, INC., a Wisconsin corporation, with offices located at 4777 Menard Drive, Eau Claire, Wisconsin 54703 (hereinafter referred to as "Menard ") and WAL -MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust, with offices at 2001 Southeast 10`h Street, Bentonville, Arkansas 72716 ( "Wal- Mart"). RECITALS: WHEREAS, Wal -Mart is the owner of certain real estate, located in the City of Grand Island, Hall County, Nebraska, as legally described in Exhibit A attached hereto and incorporated herein by this reference (hereinafter referred to as "Wal -Mart Property "); and WHEREAS, Menard is the owner of certain real estate located in the City of Grand Island, County of Grand Island, State of Nebraska, as legally described in Exhibit B attached hereto and incorporated herein by this reference (hereinafter referred to as the "Menard Property "); and WHEREAS, the parties have reached agreement regarding access by Menard to the storm water detention facility (the "Facility ") depicted on Exhibit C attached hereto over a certain portion of the Wal -Mart Property, and desire to set forth the terms of said agreement; NOW, THEREFORE, for and in consideration of the foregoing, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. Easement for Ingress and Egress. Wal -Mart does hereby grant and convey unto Menard a perpetual, continual and non - exclusive easement, appurtenant to the Menard Property, for the use and benefit of Menard, its successors and assigns for the purpose of vehicular and pedestrian ingress and egress over and across that portion of Wal -Mart Property depicted as the "Detention Cell Access Easement" on the site plan attached hereto as Exhibit C and legally described on Exhibit D attached hereto (said portion of Wal -Mart Property being hereinafter referred to as the `Basement Area "). Section 2. Relocation of Easement Area. Wal -Mart reserves the right to reconfigure or relocate the Easement Area onto another portion of the Wal -Mart Property upon notice to Menard; provided that (a) the Easement Area, as relocated, supplies Menard with a comparable alternative access to the Facility, and (b) any such reconfiguration or relocation of the Easement Area shall not create an unreasonable interference with Menard's access to the Facility. Upon any such relocation or reconfiguration of the Easement Area, Wal -Mart and Menard each agree to execute and record an amendment to modify this Easement Agreement to incorporate a specific metes and bounds legal description of the Easement Area as reconfigured or relocated. 01-583770.3