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4. Babcock and Toth desire to restate and amend the terms of said Driveway <br /> Easement. <br /> NOW, THEREFORE, in consideration of the mutual agreement herein contained, <br /> the parties covenant and agree for themselves, their heirs, successors, and assigns, as <br /> follows: <br /> 1. Driveway Easement. The real property subject to the perpetual Driveway <br /> Easement is hereby amended and is legally described as set forth in Exhibit D and further <br /> identified herein as Amended Driveway Easement. The Amended Driveway Easement <br /> granted to the owner of Parcel B is a non-exclusive easement. The owner of Parcel A <br /> shall have the right to use the Amended Driveway Easement for access to Parcel A. <br /> 2. Maintenance of Amended Driveway Easement. The owners of Parcel B <br /> shall be responsible to construct, reconstruct, inspect, repair and maintain the Amended <br /> Driveway Easement, including, but not limited to the right to grade, level, fill, drain, <br /> pave, excavate, remove snow and mow. Any construction or repair in the Amended <br /> Driveway Easement shall only be done upon prior written approval by the owner of <br /> Parcel A. <br /> 3. Maintenance of Gate and Fence. The owners of Parcel B shall be <br /> responsible to maintain and control the fence located on the west, south and east <br /> boundaries of the Amended Driveway Easement. The owners of Parcel B shall also have <br /> the right, but not the obligation, to improve the fence and gate system. Any construction <br /> or repair of the fence or gate system shall only be done upon prior written consent of <br /> owners of Parcel A. <br /> 2 <br /> GP:3221224 v4 <br />