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12-5-52 <br />aov799P rAGi557 <br />Reserving unto Railroad, its successors and assigns, the right to <br />construct, reconstruct, maintain and operate railroad tracks, facilities <br />and appurtenances in,upon,over,along and across the property described <br />herein. <br />2. This grant is subject and subordinate to the prior and con- <br />tinuing right and obligation of Railroad and its successors to use and <br />maintain its entire railroad right of way and property in performance of <br />its public duty as a common carrier and to the valid regulations of any <br />governmental body or bodies having jurisdiction thereovero <br />This grant is also subject to all contracts,leases,liens,encum- <br />brances and claims of title which may affect the property described here- <br />in and the word GRANT as used herein shall not be construed as a covenant <br />against the existence of any thereof. <br />3< This indenture is made subject to the express condition that <br />the rights and privileges herein granted Grantee shall lapse and become <br />void if the construction of said structure upon the land described here- <br />in is not commenced within one (1) year from the date first herein written. <br />Grantee shall bear the entire cost and expense of construct- <br />ing, reconstructing and maintaining said structure upon the land des- <br />cribed herein., Grantee agrees that all work upon or in connection with <br />said structure shall be done at such times and in such manner as not to <br />interfere in any way whatsoever with the Dperations of Railroad. The <br />plans for and the construction of said structure shall be subject to the <br />approval of Railroad. <br />Grantee agrees to reimburse Railroad for the cost and expense to <br />Railroad of furnishing any materials or performing any labor in con- <br />nection with the construction, reconstruction, maintenance and removal <br />of said structure.,including, but not limited to, the installation and <br />removal of such falsework and other protection beneath or along Rail- <br />road's tracks, and the furnishing of such watchmen, flagmen and inspect- <br />ors, as Railroad deems necessary. <br />-2- <br />