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AGREEMENT <br />NOW THEREFORE, in consideration of the mutual benefits accruing to the parties hereto, and <br />the promises set forth, and other valuable consideration, the receipt and sufficiency of which is <br />hereby acknowledged, the parties hereby agree as follows: <br />]. The Easement Deed shall unconditionally, be, and at all times remain, an interest and <br />obligation upon the property described therein which is prior and superior to the lien or <br />interest created by the Deed of Trust held by the Beneficiary. <br />2. The Easement Deed shall be controlling with regard to the priority of the Deed of Trust and <br />Easement Deed specified above, and the terms hereof shall supersede any provisions <br />contained in the Deed of Trust for the use and benefit of the Beneficiary regazding <br />subordination. <br />3. The Beneficiary has reviewed the terms and conditions of the Easement Deed in favor of the <br />Ditch Company, and hereby approves those terms and conditions. Beneficiary understands <br />that the Ditch Company would not have allowed Landowner's construction of the <br />Installations without the Easement Deed. <br />LANDOWNER: <br />Signdture <br />Name, Title <br />STATE OF ~o~uarlG ) <br />)ss. <br />COUNTY OF ~dCtC~ ) <br />The foregoing instrument was subscribed and sworn to before me this ~ ~~~ ~ day of <br />0 1an~,~ , 2004, by , as ~~~~~Lr ~( ~('y ~"(` C ~1~j1~} <br />Witness my hand and official seal. <br />My commission expires:~C~ <br />C:\DOCUME-1\SJANZEN\LOCALS-1\TEM%C.NOTES.DATA\-489266].DOC 9I9I09 33] PM ~F_W <br />tt <br />