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• Dorothy Roempke Combs, Trustee and Successor Trustee <br />Under the Irrevocable Trust Agreement <br />dated Mazch 28, 1978 <br />C/o Joady Boulwaze Perrett <br />700 Old Orchard Drive <br />Hendersonville, NC 28739-3930 <br />SECTION 15. LIMITED TERM OF EASEMENT. Notwithstanding <br />anything to the contrary contained herein, unless earlier terminated in accordance <br />with Sections 2, 4 or 14, this Agreement, and the Easement granted hereunder, shall <br />terminate and shall no longer encumber the Property and be of no further force and <br />effect on November !, 2022. Upon termination of this Easement, the parties hereto shall <br />execute, in a form suitable for recording, a release of all rights and interests hereunder. <br />SECTION 16. MEMORANDUM OF AGREEMENT. Grantor and Grantee <br />agree not to place this Agreement of record, but to execute and acknowledge a <br />Memorandum of Right-of--Way Agreement, such as the one attached hereto as Exhibit <br />"B" and made a part hereof, in order that said Memorandum may be recorded in the <br />records of Routt County, Colorado. <br />SECTION 17. COSTS AND ATTORNEYS' FEES. Anything to the contrary <br />• herein notwithstanding, in the event of any litigation arising out of this Agreement, the court <br />may award, to the substantially prevailing party, all reasonable costs and expenses. <br />including attorneys' fees. <br />SECTION 18. SUCCESSORS AND ASSIGNS. The terms Grantor and Grantee. <br />as used herein, shall include the successors and assigns of each Grantor and Grantee. <br />Grantee may not assign any of its rights under this Agreement without the written consent <br />of Grantor, which may be withheld, in its sole discretion. <br />SECTION 19. ENTIRE AGREEMENT. This Agreement is subordinate to all <br />prior agreements, written, oral or implied between the parties hereto dealing with the <br />subject matter covered by this Agreement, and constitutes the entire agreement between <br />the parties. The recitals are a part of this Agreement. <br />SECTION 20. APPROVAL AND AMENDMENT. This Agreement may only <br />be amended by a writing signed by all parties. <br />SECTION 21. RELATIONSHIP OF PARTIES. Nothing in this Agreement <br />shall be interpreted or construed as a partnership or joint venture. <br />SECTION 22. COUNTERPART E%ECUTION. This Agreement may be <br />• executed in counterparts, each of which shall be deemed an original of this instrument. <br />6 <br />