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ACCESS EASEMENT AGREEMENT
<br /> THIS ACCESS EASEMENT AGREEMENT (the "Agreement") is made this day of
<br /> , 2014, by and between Equal Holdings XIII, LLC, an Indiana limited liability
<br /> company (the "Grantor"), and Equal Holdings XIII, LLC, an Indiana limited liability company
<br /> (the"Grantee").
<br /> WITNESSES THAT:
<br /> WHEREAS, Grantor is the owner of certain real estate located in St. Joseph County,
<br /> Indiana, and described on Exhibit A attached hereto and made a part hereof (the "Grantor
<br /> Property");
<br /> WHEREAS, Grantee is the owner of certain real estate located in St. Joseph County,
<br /> Indiana, and described on Exhibit B attached hereto and made a part hereof (the "Grantee
<br /> Property"); and
<br /> WHEREAS, Grantor desires to grant, and Grantee desires to obtain, a perpetual, non-
<br /> exclusive easement in, on, under, over, through and across the Grantor Property, for the common
<br /> passage of persons or motor vehicles, over the areas designated for access, ingress and egress
<br /> from the Grantee Property to the public right-of-ways located adjacent to the Grantor Property,
<br /> as such areas may be modified from time to time and whether such areas provide pedestrian or
<br /> vehicular access, ingress and egress (the"Access Ways").
<br /> NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual agreements
<br /> contained herein, and other good and valuable consideration, the receipt and legal sufficiency of
<br /> which are hereby acknowledged, and the mutual undertakings hereinafter contained, the parties
<br /> do hereby agree as follows:
<br /> Easements
<br /> Section 1. Easement. Grantor hereby grants, creates, declares, makes and conveys to
<br /> Grantee, Grantee's successors, assigns, any tenants on the Grantee Property, any party benefitted
<br /> by any easement with respect to the Grantee Property, and their respective licensees and invitees,
<br /> or any of the agents or representatives of the foregoing, a perpetual, non-exclusive easement in,
<br /> on, under, over, through and across the Grantor Property, for the common passage of persons or
<br /> motor vehicles, over the Access Ways (the "Easement"). The Easement is for the benefit of the
<br /> Grantee Property.
<br /> Section 2. Maintenance and Repair Obligations. The owner of the Grantor Property,
<br /> its successors and/or assigns, as the "Maintenance Agent", shall be responsible for the repair,
<br /> replacement and/or maintenance of the Access Ways and any other improvements or landscaping
<br /> constructed or installed on the Grantor Property, including but not limited to snow removal, at its
<br /> sole cost and expense.
<br /> The Maintenance Agent shall in its reasonable discretion determine the need for any such
<br /> repair, replacement and/or maintenance to the Access Ways. In the event that the Maintenance
<br /> Agent has not repaired, replaced and/or maintained the Access Ways as required under this
<br /> {20142247.DOC}
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