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<br />subdivision approval, then Grantor agrees to cooperate with Grantee, at Grantee's expense, in obtaining all necessary approvals for such
<br />subdivision.
<br />(d) Grantor shall not grant, create, or suffer any claim, lien, encumbrance, easement, restriction or other charge or exception
<br />to title to the Easements that would adversely affect Grantee's use of the Easements.
<br />(e) Grantor will comply, with all environmental, health and safety laws with respect to the Premises.
<br />(t) Grantor hereby agrees to indemnify, defend and hold harmless Grantee and its officers, directors, shareholders, agents
<br />and attorneys for, from, and against all damages asserted against or incurred by any of them by reason of or resulting from a breach by
<br />Grantor of any representation, warranty or covenant of Grantor contained herein or in any agreement executed in connection herewith.
<br />10. Non-Disturbance. During the term of this Agreement, Grantor will not improve or grant any other easement, ground lease,
<br />lease, license, sale or other similar interest of or upon the Premises if such improvement or interest would interfere with Grantee's use of the
<br />F:asements. Grantee and its customers are currently utilizing the Exclusive Easement for the purpose of transmitting and receiving
<br />telecommunication signals, including but not limited to wireless telecommunications signals. Grantor and Grantee recognize that Grantee's
<br />use of the easement rights set forth in this Agreement would be fnastrated if the telecommunications signals were blocked, if an obstruction
<br />were built that would cause interference with such transmission, or if access and/or utilities to and from the Exclusive Easement were
<br />partially and/or completely inhibited. Grantor, for itself, its successors and assigns, hereby agrees to use its best efforts to prevent the
<br />occurrence of any of the foregoing, and shall promptly undertake any remedial action necessary to do so. Grantee shall have the express right
<br />to seek an injunction to prevent any of the activity prohibited by this Section L0.
<br />11. Access and Utilities. To the extent not otherwise addressed herein, (or to the extent any access and utility easement
<br />specifically referenced herein, including but not limited to the Access and Utility Easement or the Exclusive Easement, if applicable, cannot,
<br />does not, or will not fully accommodate the access and utility needs of the Exclusive Easement at any time), Grantor hereby grants and
<br />conveys unto Grantee, its tenants, licensees, employees, agents, contractors, successors, assigns, assignees, and sublessees, full, complete,
<br />uninterrupted and unconditional access to and from the Exclusive Easement, seven days a week, 24 hours a day, over and across any adjacent
<br />property now or hereafter owned by Grantor, for, without limitation, ingress and egress to and from the Exclusive Easement, as well as the
<br />construction, installation, location, maintenance, relocation and repair of overhead and/or underground utility connections, including electric,
<br />telephone, gas, water, sewer, and any other utility connection, provided that Grantee shall. repair any damages to the Premises caused by such
<br />access. This easement, and the rights granted herein, shall be assignable by Grantee to any public or private utility company to further effect
<br />this provision. Grantor agrees to maintain all access roadways from the nearest public right of way to the Exclusive Easement in a manner
<br />sufficient to allow for pedestrian and vehicular access to the Exclusive Easement at all times. If it is reasonably determined by Grantor or
<br />Grantee that any utilities that currently serve the Exclusive Easement are not encompassed within the description of the Access and Utility
<br />Easement set forth herein, then Grantor and Grantee agree to amend the description of the Access and Utility Easement set forth herein to
<br />include the description of such areas. ]f it becomes necessary to relocate any of the utility lines that serve the Exclusive Easement, Grantor
<br />hereby consents to the reasonable relocation of such utility lines upon the Premises for no additional consideration, and hereby agrees to
<br />reasonably cooperate with Grantee to create a revised legal description for Access and lltility Easement that will reflect such relocation.
<br />12. Mortgagees' Continuation Rights and Notice and Cure. Grantor consents to the granting by Grantee of a lien and security
<br />interest in Grantee's interest in this Agreement and all of Grantee's property and fixtures attached to the Exclusive Easement described
<br />herein, and furthermore consents to the exercise by Grantee's mortgagee ("Grantee's Mortgagee") of its rights of foreclosure with respect to
<br />its lien and security interest. Provided that C7rantee gives Grantor written notice of any such mortgagee, Grantor agrees to recognize
<br />Grantee's Mortgagee as Grantee hereunder upon any such exercise by Grantee's mortgagee of its rights of foreclosure. Grantor hereby
<br />agrees to give Grantee and Grantee's Mortgagee written notice of any breach or default of the terms of this Agreement within fifteen (15)
<br />days after the occurrence thereof at such address as is specified by Grantee in its notice to Grantor of the existence of such Grantee's
<br />Mortgagee. Grantor further agrees that no default under this Agreement shall be deemed to have occurred unless such notice to Grantee's
<br />Mortgagee is also given and that, in the evens of any such breach or default under the terms of this Agreement, Grantee and Grantee's
<br />Mortgagee shall have the right for a period of 90 days after receipt of written notice from Grantor to cure or correct any such default, and
<br />Grantor agrees io accept such payment or performance on the part of the Grantee's Mortgagee as though the same had been made or
<br />performed by the Grantee. Grantor agrees that it shall enter into any reasonable amendment hereto requested by Grantee's current or
<br />proposed mortgagee.
<br />13. Notices. All notices required to be given by any of the provisions of this Agreement, unless otherwise stated, shall be in
<br />writing and delivered in person or by a national overnight delivery service (and shall be ef3`ective when received, when refused or when the
<br />same cannot be delivered) to the appropriate party at the address set forth below (or at such other address designated in writing pursuant to
<br />the terms hereof):
<br />7~o Grantee: American Towers, Inc.
<br />c/o American 'l'ower Corporation
<br />10 Presidential Way
<br />Woburn, MA 01801
<br />With copy to: American Towers, Inc.
<br />c/o American "N'ower Corporation
<br />116 Huntington Avenue
<br />Boston; MA 02116
<br />Attn: Legal Department
<br />Easement Agreement
<br />To Grantor: James D. Riley and Sharon J. Riley
<br />8609 S. McGuire Road
<br />Wood River, NE 68883
<br />Site Name: Shelton NE
<br />Site Number: 98583
<br />
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