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thereto, together with the right to remove trees, shrubs, or other vegetation in the Easement Area, <br />as well as the right to deposit earthen materials within the Easement Area, all as necessary to utilize <br />the Easement Area for the intended drainage and utility purposes. Grantee will install utility <br />infrastructure at depths and locations generally consistent with the October 12, 2020 plans <br />prepared by WSB Engineering, and will conspicuously flag the manholes identified in the plans, <br />so long as the property burdened by the Easement is used for agricultural purposes. <br />3. Obligation to Repair. Grantee shall, at its own expense, restore the land (to <br />substantially its condition immediately prior to the disturbance) in the Easement Area or the <br />surrounding area in the event of a disturbance caused by Grantee's use of the Easement Area. <br />However, Grantee shall not be required to restore agricultural crops impacted by Grantee's use of <br />the Easement Area. <br />4. Warranty of Title. Grantor warrants it is the owner of the property described herein <br />and have the right, title and capacity to convey to Grantee the easement described herein. <br />5. Indemnity and Liens. Grantee shall defend, indemnify, and hold Grantor harmless <br />from any claims, losses, expenses, or damages, including without limitation reasonable attorney's <br />fees, arising from its use of the Easement Area. Grantee shall keep the Easement Area free from <br />liens for work done by Grantee in the Easement Area. <br />6. Grantor's Use of Easement Area. Grantor retains the right to use the Easement <br />Area for uses not inconsistent with the rights granted to Grantee hereunder, including without <br />limitation the right to farm, landscape, and install roads and driveways. <br />7. Binding Effect. ffect. The terms and conditions of this instrument shall run with the land <br />and be binding on Grantor and its successors and assigns. <br />8. Execution in Counterparts. This Agreement may be executed in counterparts. <br />STATE DEED TAX DUE HEREON: NONE <br />Dated this day of , 2022. <br />Mm <br />