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201103628
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201103628
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Last modified
5/25/2011 8:55:42 AM
Creation date
5/16/2011 8:54:44 AM
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DEEDS
Inst Number
201103628
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, <br />201103628 <br />RESERVING, however, unto Grantor, its successors and assigns, <br />the right to construct at any and all times and to maintain railroad tracks, fiber <br />optic, telephone and other communication lines, electric wires, and pipelines, and <br />their appurtenances, upon, over, under and across the Property, and to grant <br />such rights to third parties, but in such a way as to not unreasonably interfere <br />with Grantee's use of the Property for the purposes specified in this Deed; it <br />being understood that the rights so reserved unto Grantor, its successors and <br />assigns, are retained afong with the general right of Grantor, its successors and <br />assigns, to the use of the Property for any purpose not inconsistent with <br />Grantee's use of the Property for the purposes herein defined. Grantee <br />acknowledges that this grant of easement is subject to the terms and conditions <br />of the federal grant under which Grantor acquired its interest in the Property. <br />This grant of easemenfi is made SUBJECT to all outstanding <br />leases, licenses and other outstanding rights, including, but not limited to, those <br />for pipe, telephone, electric and fiber optic lines and the right of renewais and <br />extensions of the same, and subject also to all conditions, limitations, restrictions, <br />encumbrances, reservations or interests of any person or entity which may affect <br />the Property, whether recorded or unrecorded. <br />The easement herein granted is also limited to such rights as <br />Grantor may have in the Property and is granted without warranty, express or <br />implied. No damages shall be recaverable from Grantor because of any <br />dispossession ofi Grantee or because of failure of, or defect in, Grantor's title. <br />Grantee covenants to maintain the Property in good repair so that <br />no damage will result from its use to the adjacent land of Grantor, its successors <br />and assigns. Grantee covenants that its use of the easement wilt not interfere <br />with the railroad operations of Grantor, its successors and assigns. <br />It is expressly made a condition of this grant of easement that if <br />Grantee, its successors or assigns, shall abandon the Property or any portion of <br />the Property for the purposes of the easement herein granted, the rights herein <br />granted shall cease and terminate with respect to the portion of the Property so <br />abandoned, and the title to the Property shall be freed from the burden of the <br />easement. It is further agreed that nonuse of the Property as part of its highway <br />system or any portion thereof for the purposes of the easement herein granted <br />for the period of one (1) year shall be deemed an abandonment of the Property <br />or portion thereof not so used. <br />2 <br />
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