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201103599
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Last modified
5/13/2011 8:34:12 AM
Creation date
5/13/2011 8:34:12 AM
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DEEDS
Inst Number
201103599
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201103599 <br />homeowners' or condominium Owners' association created by Grantor have entered into a Infrastructure <br />Agreement with Grantee, the easements granted to Grantee herein shall be exclusive easements, and upon <br />termination or expiration of such Agreement, such exclusive easements shall become nonexclusive for so <br />long as pernutted by Grantor as provided in the Agreement. Grantor, its successors and assigns, hereby <br />agree to warrant and forever defend the easements to Grantee as well as its successors and assigns against <br />every person who claims any part of them. <br />These easements and other rights granted to Grantee hereunder run with the title to the Property and for <br />their term are binding on Grantor, its successors and assigns and on a11 subsequent Owners of the <br />Property or portions thereof acquired direcdy or indirectly from Grantor, as well as on others who may <br />claim an interest in a11 or a portion of the Property. <br />10. Termination of Easement. Grantor or its successor or assigns may unilaterally terminate this <br />easement upon sale, redevelopment of the Property to non-manufactured home communiry use, or <br />transfer of the Property, as provided in the Infrastructure Agreement. Notwithstanding anything herein, <br />after the term or termination of the Infrastructure Agreement, or at any time after twelve (12) years from <br />the daxe of this easement, the Grantor may unilaterally ternunate this easement at any time by providing <br />Grantee with thirty (30) days advance notice and then filing a Notice of Termination of Easement in the <br />applicable real estate records. "Easement" for purposes of this paragraph shall include any and all <br />easements granted herein, such as a blanket easement, Perimeter Easement, Common Area Easement, and <br />Road Easement <br />11. Grantee Not to Interfere with Grantor's Use of Property. Grantee's easement rights granted <br />herein shall not materially interfere with Grantor's and its resident's use of the Property. <br />12. Disturbance of Easement Area, Cost. If Grantor or its agents disturb the Property in exercising <br />its rights under this Easement, Grantor shall restore at its cost the disturbed area to the level and condition <br />that it was immediately prior to the disturbance. <br />10. Access by Public Utilities and Franchise Video Providers. Notwithstanding any provision of <br />this Agreement and Memorandum of Agreement to the contrary, if a resident within the Property enters <br />into a valid bona fide service agreement with a franchise video provider or public utility in the state in <br />which the Property is located with respect to regulated video or voice services, respectively, as the case <br />may be, Grantee will, upon request by such resident, public utility or regulated service provider, and <br />subject to Grantee receiving reasonable compensation therefore, grant limited non-Infrastructure non- <br />exclusive easement access rights to the Property to such public utility or franchise video provider <br />sufficient to enable such provider to provide the regulated service to the end user on the Property during <br />the term of such service agreement, such rights to be consistent with the provisions of Section 8 above. <br />11. Memorandum of Agreement. In addition to the rights granted above, the Agreement grants to <br />Grantee certain rights to market and to designate providers of 5ervices to residents of the Property. <br />[Signature page to follow] <br />G4 <br />
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