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20��o�os� <br />NOW, THEREFORE, for and in consideration One Dollar ($1.00) and other valuable <br />consideration of the premises and other good and valuable consideration, receipt and sufficiency <br />are hereby acknowledged, the parties hereby agree as follows: <br />1. RECITALS. The foregoing recitals are true and correct and are incorporated <br />herein by this reference. <br />2. GRANT. BOLTON, KROEGER, and HORAK hereby grant to MIDLAND a <br />perpetual non-exclusive easement over and across their respective properties (known as the Loup <br />River Road) acquired by reason of the abandonment and vacating by the Howard and Hall <br />County Board of Supervisors. Said use shall be for the purpose of vehicular egress and ingress <br />and for such other purposes as are incidental for the continued use (agricultural) of said property <br />by MIDLAND, its successors and/or assigns. <br />3 MAINTENANCE AND USE OF ACCESS EASEMENT. MIDLAND <br />shall maintain and use the BOLTON, KROEGER, and HORAK parcels, (access easement) in <br />such a way that the same shall not unreasonably interfere with the normal customary use of the <br />HORAK, BOLTON, and KROEGER parcels by them. <br />MIDLAND, its successors and assigns, agree with BOLTON and KROEGER that all <br />costs to create, maintain, or improve said easement shall be shared equally as has been done <br />previously by the parties hereto subsequent to the abandonment and vacation of the Loup River <br />Road by the Howard and Hall County Boards of Supervisors. <br />4. INDEMNIFICATION. MIDLAND hereby indemnifies and agrees to <br />defend and hold harmless BOLTON, KROEGER, and HORAK from and against all liabilities, <br />damages, costs, claims and expenses whatsoever arising out of or in connection with <br />MIDLAND'S use of the BOLTON, KROEGER, and HORAK parcels (access easement). <br />5. RESERVATION BY BOLTON, KROEGER. AND HORAK. BOLTON, <br />KROEGER, and HORAK reserve all rights of ownership in and to their respective parcels which <br />are not inconsistent with the easement (access easement) including, without limitaxion, the right <br />to grant further easements over and across the BOLTON, KROEGER, and HORAK parcels. <br />BOLTON, KROEGER, and HORAK further reserve the right to use their respective parcels for <br />all uses not interfering with the use permitted by MIDLAND hereunder. <br />6. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon and <br />inures to the benefit of the parties hereto and their respective successors and assigns and shall run <br />with the land in perpetuity. <br />'�� � <br />MARK E. BOLTON <br />� ' <br />LLEE S. OL ON <br />� <br />