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2. Use of Easement Tract - Grantor hereby agrees that it will not perform or <br /> allow or cause the construction of any improvements on the Permanent Easement which <br /> could damage or obstruct the Permanent Easement or interfere with Grantee's access to or <br /> Grantee's right to construct, maintain and repair the trail on the Permanent Easement. <br /> 3. Warranty of Title - Grantor represents and warrants to Grantee that it is the <br /> only owner of fee simple title to the Easement Tract, and that there are no undisclosed <br /> mortgages, contracts for deed, leases, rental agreements, occupancy agreements, or any other <br /> encumbrances or verbal or written agreement of any nature whatsoever affecting title to the <br /> Easement Tract, except as noted on attached exhibit C. Grantor, on behalf of itself, its <br /> successors, and assigns, hereby indemnifies and holds harmless Grantee against and from any <br /> and all claims for loss, damage, or expenses which may be incurred or asserted by Grantor or <br /> any party whose consent is required to be obtained hereunder, in connection with this Grant <br /> of Easement for Trail Purposes or Grantee's use of the Permanent Easement pursuant to this <br /> Grant of Easement for Trail Purposes. <br /> 4. Governing Law - This Grant of Easement for Trail Purposes shall be <br /> construed and governed by the laws of the State of Minnesota. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement <br /> for Trail Purposes on the above date. <br /> N:\Public Bodies\Agenda Packets\11-21-2016\Final\x4.10 at3 Trail Easement document.doc Page 2 <br />