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The easement will benefit the Grantee by providing an essential means of access to the named <br /> property in the form of Easement by Necessity. <br /> S. Limitations <br /> It is expressly agreed that the easement, rights and privileges conveyed to Grantee are limited <br /> to Providing access to the Grantee's property. <br /> 6. Exclusiveness of Easement <br /> The easement, rights, and privileges granted by this easement are exclusive, and Grantor <br /> covenants not to convey any other easement or conflicting rights within the area covered by <br /> this grant, or nonexclusive, and Grantor reserves and retains the right to convey similar <br /> easement and rights to such other persons as Grantor may deem proper. <br /> 7. Grantor's Rights <br /> Grantor also retains, reserves, and shall continue to enjoy the use of the surface of the land <br /> subject to this easement for any and all purposes that do not interfere with or prevent the use <br /> by Grantee of the easement. <br /> 8. Grantee's Rights and Duties <br /> Grantee shall have the duty to repair and maintain the property subject to the easement and <br /> shall at all times keep the easement property free and open for the benefit of Grantor and any <br /> other concurrent user. Grantee shall at all times act so as to safeguard Grantor's property. <br /> Grantee shall have the right to keep access to the easement open by removing vegetation and <br /> by cutting or trimming trees or vegetation that may encroach on the easement property. <br /> 9. Entire Agreement <br /> This instrument contains the entire agreement between the parties relating to the rights <br /> granted and the obligations assumed. Any oral representations or modifications concerning <br /> this instrument shall be of no force and effect. Any modification of this Agreement must be in <br /> writing and must be signed by both parties. <br /> 10. Attorney's Fees <br /> If legal action is initiated by either party for the purpose of enforcing or interpreting this <br /> Agreement, or to compel the recording of a release, the prevailing party shall be entitled to <br /> recover from the losing party reasonable expenses, attorney's fees, and costs. <br />