Exclusive Municipal Sanitary Sewer Easement - Mike's Carwash – 4502 S. Michigan Street LLC

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-2- promptly restore any surfaces damaged in conducting any such work to a condition equal or superior to that existing prior to Grantee exercising its rights under this easement. 4.Grantor shall neither cause nor permit the construction or placement of any structure or building on any part of the Easement Area, so as to interfere with Grantee’s full enjoyment of occupancy or use provided for herein. 5.The Grantor agrees to allow existing connections to remain, be operated and maintained by the users, and to allow new connections from adjacent properties upon expansion of the Sewer Facility or subdivision of the adjacent land, or similar circumstances. 6.The rights and privileges granted herein by Grantor to Grantee are exclusive. Grantor will not convey to any other party any conflicting easement right or interest within the Easement Area. This covenant shall not prevent Grantor from using, or granting easements, rights or interests to others for the use of the Property for other utility lines, pipes or facilities, or for roadway, street, parking or driveway purposes, or any other use, easement, right or interest that is not in conflict with Grantee’s use. 7.Grantor warrants that it has full right and lawful authority to make the grant herein contained, that the Grantee shall have quiet and peaceable possession, use and enjoyment of the easement and that the Grantor shall execute such further assurances thereof as may be required. 8.The easement hereby granted, the restrictions herein imposed, and the agreements herein contained shall be easements, restrictions and covenants running with the land and shall inure to the benefit of, and be binding upon, the parties hereto and respective, hei rs, successors, assigns, and transferees, including, but not in limitation, to all subsequent owners of said real estate and persons claiming under them. 9.Grantor and Grantee acknowledge the existence of that certain right-of-way agreement dated November 20, 1944, and filed for record on November 21, 1944, in Book 380 Page 338, in the Office of the St. Joseph County Recorder, State of Indiana, as affected by that certain release dated July 19, 1945, and filed for record July 27, 1945, in Miscellaneous Book 84 Page 283, in the Office of the St. Joseph County Recorder, State of Indiana (collectively, the “Pipeline Easement”), which burdens the Property. Notwithstanding anything herein to the contrary, the rights granted to Grantee herein are subject and subordinate to the rights of the holder of the Pipeline Easement and Grantee shall have no right to utilize any portion of the land burdened by the Pipeline Easement without the prior written consent of the holder of the Pipeline Easement. IN WITNESS WHEREOF, the Grantor or the duly authorized representative(s) of Grantor have hereunto set his/her/their hand(s) and seal on the day and year first written. [Signatures on following page]