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i t 20�102�� WHEREAS, Diamond-J owns the approximately 1320' of underground irrigation pipe and wiring which Diamond-J has buried under a portion of Tract 2 running from the irrigation well located on Tract 2 to the Pivot point located on Tract 1 to provide the necessary water source to irrigate the crops grown on Tract 1 and Tract 2 through said Pivot; and WHEREAS, the parties hereto now desire to reduce to writing their agreements pertaining to the use of the Pivot, irrigation well, together with 60 hp electric motor and Western Land Roller Pump and the approximately 1320' of underground pipe and wiring (collectively, the "Irrigation Equipment") and the maintenance, repair and replacement of the Irrigation Equipment set forth hereinbelow. NOW, THEREFORE, in consideration of the mutual covenants and conditions as set forth herein and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1, The foregoing recitals are specifically incorporated in this Agreement and made a part of this Agreement by this reference. 2. Jones, Trustee hereby grants to D& M Jones and to Diamond-J the non-exclusive right to use the water from the irrigation well located on Tract 2 as necessary to properly irrigate the crops grown on Tract 1 and Jones, Trustee additionally grant to D& M Jones and to Diamond-J a non-exclusive easement over, through, under and upon Tract 2 as necessary to use, maintain, repair and replace the irrigation well and the underground irrigation pipe/wiring located upon Tract 2. By this grant, Jones, Trustee does not guarantee that there will, at all times, be sufficient water to properly irrigate the crops grown on Tract 1 and Tract 2. 3. Jones, Trustee and D& M Jones/Diamond-J (collectively) shall each share one- half (1/2) of all costs and expenses to maintain, repair and replace the irrigation equipment described hereinabove so as to keep said irrigation equipment in proper condition and repair at all times during the term of this Agreement. Jones, Trustee and D& M Jones/Diamond-J (collectively), shall each have equal use of and access to the irrigation equipment, including the Pivot, whether the Pivot is physically located on Tract 1 or on Tract 2. 4. The non-exclusive right to use the water from the well located on Tract 2 as necessary to properly irrigate the crops grown on Tract 1 and the non-exclusive easement granted hereinabove to D& M Jones and Diamond-J shall be a perpetual right and easement, shall run with the land and shall inure to and be binding upon the parties hereto, their heirs, successors and assigns and all parties claiming ownership of Tract 1 or Tract 2 through the parties hereto. S. The parties hereto agree that no change or changes shall be made in this Agreement except in writing signed by the parties hereto setting forth the terms of the agreed modification. 6. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, Iega1 representatives, successors and assigns. 2