EASEMENT AGREEMENT

This Easement Agreement (the "Agreement") is entered into as of ______________ by and between ______________, located at ______________ ("Grantor"), and ______________, located at ______________ ("Grantee").

RECITALS

WHEREAS, Grantor owns certain real property in the County of __________, State of ______________, more particularly described as: ______________ (the "Servient Estate" or "Grantor's Property"); and

WHEREAS, Grantee owns, or is the owner of, certain real property adjacent to or benefited by an easement over Grantor's Property, more particularly described as: ______________ (the "Dominant Estate" or "Grantee's Property"); and

WHEREAS, Grantee desires to obtain from Grantor, and Grantor desires to grant to Grantee, an easement over a portion of Grantor's Property for the purpose described herein, on the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the payment of $1.00 and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Grant of Easement

Grantor hereby grants and conveys to Grantee, its successors, and assigns, a non-exclusive term easement (the "Easement") over, across, and through the following portion of Grantor's Property (the "Easement Area"): ______________

The Easement is granted for the following purpose(s): ______________. The Easement shall be used solely for the purposes described herein and for no other purpose.

2. Duration

The Easement shall continue until the following condition occurs: as described in the Agreement, at which point the Easement shall automatically terminate.

3. Non-Exclusive Use; Grantor's Retained Rights

This Easement is non-exclusive. Grantor retains the right to use the Easement Area and to grant additional easements or licenses over the Easement Area to third parties, provided such additional grants do not materially interfere with Grantee's exercise of the Easement. Grantor shall not construct any building or permanent structure within the Easement Area without Grantee's prior written consent.

4. Maintenance and Repair

undefined shall be responsible for maintaining the Easement Area in a safe, clean, and functional condition, at its sole cost and expense. The party responsible for maintenance shall promptly repair any damage to the Easement Area arising from its use thereof. Grantee shall not make any improvements to the Easement Area without Grantor's prior written consent. All approved improvements shall be maintained by Grantee and, upon termination of the Easement, Grantee shall, at Grantor's election, either remove such improvements and restore the Easement Area to its original condition, or leave such improvements in place.

5. Indemnification

Grantee shall indemnify, defend, and hold harmless Grantor and Grantor's successors and assigns from and against any and all claims, damages, losses, costs, and expenses (including attorney's fees) arising from or related to Grantee's use of the Easement Area, including any personal injury or property damage occurring on the Easement Area as a result of Grantee's or Grantee's invitees' activities. Grantee shall maintain commercial general liability insurance with limits of not less than $1,000,000 per occurrence and shall name Grantor as an additional insured.

6. Interference and Obstruction

Grantee shall not use the Easement Area in any manner that constitutes a nuisance to Grantor or to neighboring properties, or that violates any applicable law, ordinance, or regulation. Grantor shall not obstruct, interfere with, or impair Grantee's use and enjoyment of the Easement in accordance with its terms. Either party shall be entitled to seek injunctive relief, in addition to other remedies at law or in equity, for any breach of this provision.

7. Recording

This Agreement shall be recorded in the real property records of the county in which the Grantor's Property is located. Grantee shall be responsible for all recording costs. The Easement, when recorded, shall be binding upon and shall run with the land, as set forth herein.

8. Entire Agreement; Amendments

This Agreement constitutes the entire agreement between the parties with respect to the Easement and supersedes all prior negotiations and understandings. This Agreement may only be amended, modified, or terminated by a written instrument executed by both parties (or their successors) and duly recorded in the real property records.

9. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of ______________, without regard to its conflict-of-laws principles.

GRANTOR SIGNATURE ______________________________ ______________ Date: ____________________ GRANTEE SIGNATURE ______________________________ ______________ Date: ____________________

NOTARY ACKNOWLEDGMENT — GRANTOR STATE OF ______________ COUNTY OF ____________________ Before me, a Notary Public, personally appeared ______________, who acknowledged executing the foregoing Easement Agreement as Grantor. Notary Public: _________________________ Printed Name: __________________________ My Commission Expires: _________________ [NOTARIAL SEAL]

NOTARY ACKNOWLEDGMENT — GRANTEE STATE OF ______________ COUNTY OF ____________________ Before me, a Notary Public, personally appeared ______________, who acknowledged executing the foregoing Easement Agreement as Grantee. Notary Public: _________________________ Printed Name: __________________________ My Commission Expires: _________________ [NOTARIAL SEAL]