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<br />NOW, THEREFORE, pursuant to said agreement and for and in consideration of the sum <br /> <br />of One Dollar ($1.00), the receipt and sufficiency of which is hereby acknowledged, it is hereby <br />agreed as follows: <br /> <br />1. Grantor does hereby grant to Grantee, its successors and assigns, a permanent <br /> <br />easement over and across the Burdened Property, for the purpose of ingress and <br /> <br />egress for the installation and maintenance of piping for the purpose of establishing <br /> <br />a private water distribution system serving Siebels Subdivision in Cass County, <br /> <br />North Dakota, and for all purposes consistent with the construction and maintenance <br /> <br />of the water distribution system. Grantor agrees that upon completion of construction <br /> <br />of the water distribution system, Grantee shall assume responsibility for the <br /> <br />continuing maintenance and care of the water distribution system, but only for so <br /> <br />long as Grantee determines, in Grantee's sole discretion. Grantee shall have no <br /> <br />obligation whatsoever to Grantor to maintain a private water distribution system at <br /> <br />any time in the future, nor shall Grantee have any obligations to Grantor related to <br /> <br />the operation or maintenance of the system after it is installed and Grantee has <br /> <br />determined, in its sole discretion that it no longer desires to operate or maintain said <br /> <br />system. <br /> <br />2. The easement granted herein is a permanent easement granted to Grantee, its <br /> <br />successors and assigns. <br /> <br />3. Grantee, in exercising the foregoing rights, shall, upon completion of the installation <br /> <br />and/or, with respect to maintenance of the water distribution system, restore and <br /> <br />repair the surface estate to its condition prior to the commencement of the project. <br /> <br />543713.1 <br /> <br />2 <br />