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<br />or in part, certain railroad tracks accessing the Adjacent Property
<br />(the "Railroad Tracks"), in, on and under the Property~ and
<br />WHEREAS, Grantor is willing to grant to Grantee the easement
<br />described below, on the terms and conditions hereinafter provided.
<br />NOW, THEREFORE, for and in consideration of the sum of Ten
<br />Dollars ($10.00) and other good and valuable considerations, the
<br />receipt and sufficiency of which are hereby expressly acknowledged,
<br />and for the further consideration of the mutual covenants and
<br />agreements contained herein, and intending to be legally bound
<br />hereby, Grantor and Grantee agree as follows:
<br />1. The above preambles are incorporated herein by reference as
<br />if fully set forth herein.
<br />2. Except as specifically provided in Paragraph 5 below,
<br />Grantor does hereby create, grant, bargain, transfer, sell and
<br />convey unto Grantee a perpetual exclusive easement over, upon,
<br />under, through, in and across the Property, to have and to hold unto
<br />Grantee, its sUccessors and assigns forever, for the benefit of the
<br />Adjacent Property, for the purposes of laying, constructing,
<br />installing, maintaining, inspecting, operating, using, replacing,
<br />monitoring, altering, repairing, changing the size and nature of,
<br />and removing at will, ~n whole or in part, the Railroad Tracks~ such
<br />easement (the "Easement") shall run in perpetuity with the Property
<br />and the Adjacent Property and is more particularly described in
<br />Exhibit "B" attached hereto and made a part hereof.
<br />3. Grantee shall have the right to lay, construct, install,
<br />maintain, inspect, operate, use, monitor, alter, replace, repair,
<br />change the size and nature of, and remove at will, in whole or in
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