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20i0a7995
<br />3. Electrical Utility Easement. Woitasz�wski does hereby convey to
<br />Blender, its respective successors and assigns, a non-exclusive easement to inspect,
<br />maintain, repair, replace, remove, operate, and use electrical utility services to serve
<br />the Blender Pr�perty, along with the right to enter the Woitasz,:wski Property for
<br />purposes of inspecting, rnairitairiing, repairing, replacing, rernoving, operating, and
<br />using such electrical utility services. Woitaszewski shall have the right, at
<br />Woitaszewski's cost and expense, to relocate any electrical utility services, including
<br />relocating such sexvices onta the Blender Property, provided such relocation provides
<br />similar electrical service to the Blender Praperty and dc�es not dirninish the value ar
<br />use of the Blender Property in any way.
<br />4. Binding Effeet. This Easement shall be permanent and shall be
<br />appurtenant to and run with the Blender Property and the Woitaszewski Property.
<br />The grant of this Eas�ment shall also be binding upon the heirs, executors,
<br />administrators, successors and assigns of Blender and Woitaszewski herein.
<br />5. Maintetia�ee. Blender shall maintain and keep in good repa.ir the utility
<br />services located on the Woitaszewski Property that provide utility service to the
<br />Blender Property. Any rnairitenance, repair, ar relpcation of utility services
<br />undertaken by either party shall be performed in a workmanlike manner and shall be
<br />solely at the cost and expense of the party undertaking the same.
<br />6. Additional Ymprovement�. Blender retains the ability ta make
<br />improvements to the Blender Property, including within the easement areas, provided
<br />such improvements do not impair or diminish Woitaszewski's ability to irigress or
<br />�gress the Woitaszewski Property or us� of the easement areas for the purposes
<br />described in Paragraph 1. Woitaszevvski retains the ability to rnake irnpravements to
<br />the Woitaszewski Property, including within the easernent axeas provided such
<br />improvements do not impa.ir or diminish Blender's ability to ingress or egress the
<br />Blender Property or use of easement areas as described in Paragraphs 2 and 3.
<br />7. Liability. The sole rights granted herein axe the rights to use the
<br />easement areas for the purposes described herein, and each paxty shall be liable to the
<br />other party for any damage caused by the use of the easement areas by thezn or their
<br />ernployees, invitees, agents, successors ar assigns, ordinary wear and tear excepted.
<br />8. Terminatian. This Easement shall not be released, terrninated, revoked,
<br />amended, or modified in any manner, without written consent of the pa.rties. Any
<br />purported release, tierrnination, revocation, amendment, or modification without such
<br />written consent shall be null and void and of no force and effect.
<br />9. F�rther A�suranee�. Each undersigned party �cxrill, whenever it shall be
<br />reasonably requested to do so by the other, promptly execute, acknowledge, and
<br />deliver, or cause to be executed, acknawledged, ar delivered, any and all such further
<br />conveyances, confirmations, instrurn�nts, or further assurances and consents as may
<br />be necessary or proper, in order to effectuate the covenants and agreexnents herein
<br />provided. Each of the undersigned parties shall coaperate in good faith with the other
<br />and shall da any and all other acts and execute, ackn.owledge and deliver any and all
<br />documents so requesied in arder to satisfy the canditions set forth herein and carry
<br />out the intent and purposes of this Easem�nt.
<br />Dated this r� ''-� day of October, 201Q.
<br />BLENDER, LLC, a Nebraska limited
<br />Liability company
<br />Jerry D, Wotiaszewski and Linda K.
<br />Woitaszewski
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