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4. Warranty of Title -Grantor represents and warrants to the Grantee that he is the only owner of fee <br />• simple title to the Easement Tract, and that there are no owners of mortgages, contracts for deed, <br />leases, rental agreements, occupancy agreements, or any other encumbrances or verbal or written <br />agreement of any nature whatsoever affecting title to the Easement Tract. Grantor, on behalf of <br />himself, his successors, and assigns, hereby indemnify and hold harmless the Grantee against and <br />from any and all claims for loss, damage, or expenses which may be incurred or asserted by Grantor <br />or any party whose consent is required to be obtained hereunder, in connection with this Easement <br />Agreement or Grantee's use of the Easement Tract pursuant to this Easement Agreement. <br />Governing Law -This Easement Agreement shall be construed and governed by the laws of the <br />State of Minnesota. <br />IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement on the above <br />date. <br />• <br />• <br />GRANTEE: <br />CITY OF ELK RIVER , <br />Bv: <br />~ _ <br />Its: ayor <br />~ ,. <br />B -~ <br />Its: Clerk <br />230000M/0325/Emt-052302-Template.doc 2 Form 2A <br />