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~- ~ Agreement NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Recitals. Each of the foregoing Recitals is true and correct and incorporated herein by reference. 2. Grant of the Easements. Effective upon the execution of this Agreement, Grantors do hereby grant to Grantee, for the use and benefit of Grantee, the Storm Drain Easement and the Sanitary Sewer Line Easement which are non-exclusive and appurtenant easements for the benefit of the Grantees under and across the western ten (10) feet of Grantors' Property as described on Exhibit "A" and shown on Exhibit `B", attached hereto and incorporated herein. 3. Installation, Maintenance and Repair. Grantee shall have the right to come on and upon Grantors' Property for purposes of installation, maintenance and repair of both Easements. Grantee shall give Grantors prior notice before any Easement installation or major maintenance, except in the case of an emergency where notice is waived. Grantee will use its best efforts to cause all Easement installation, maintenance and repair to be done in such as manner as to not unreasonably interfere with the then current use of the Grantors' Property. 4. Rights and Obligations of Lenders. The Storm Drain Easement and the Sanitary Sewer Line Easement contained in this Agreement are, and shall at all times be, prior and superior to the lien or charge of any mortgage or deed of trust affecting the Grantors' Property described in this Agreement, or any part (s) thereof, or any improvements now or hereafter placed thereon. Notwithstanding the foregoing, a violation of this Agreement shall not render invalid or impair the lien of any such mortgage or deed of trust. 5. Successor and Assigns. The Storm Drain Easement and the Sanitary Sewer Line Easement set forth in this Agreement shall be perpetual; shall be construed to run with the land; and, shall be binding upon and inure to the benefit of ali current and future owners of the Grantors' Property, including all of their respective successors, assigns and those claiming by, through or under subsequent owners of the Grantors' Property. 6. Amendments. This Agreement may be terminated, extended, modified or amended, but only by a written instrument duly executed by all Parties. No such termination, extension, modification or amendment shall be effective until an appropriate instrument has been properly executed and recorded. 7. Interpretation. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against any Party. If any 184078.1 2 G1555-001