Deed - Montague Ave, RR crossing - File 256, 1953

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12-5-52 gnp« 72/ S p �► assessments which may be levied by order of any authorized, lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred by Grantee in connection with the construction, reconstruction and maintenance of said structure. 8. Should Grantee, its successors or assigns, at any time abandon the use of the said land or any part thereof, or fail at any time to use the same for said purposes for a continuous period of one year, the right hereby given shall cease to the extent of the use so abandoned or dis- continued, and Railroad shall at once have the right, in addition to but not in qualification of the rights hereinabove reserved, to resume ex- clusive possession of the said land, or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights and privileges hereby granted,Grantee, at its own cost and expense, agrees to remove said structure from said pro- perty of Railroad and restore said premises as nearly as practicable to the same state and condition in which they existed prior to the construct- ion of said structure. Should Grantee in such event fail,neglect or refuse to so remove said structure and restore said property,such removal and re- storation may be performed by Railroad at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 9. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as of the day and year first herein written IN TAIPLICATZ) 1V R` ss • t ,try Y" " G= CITT Attest: -4-