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1 <br />• <br /> <br /> <br /> <br /> <br />This easement may be used by the Grantee, its successors <br />and assigns, for the purposes described above. In addition, <br />Grantors expressly agree that this easement may also 6e used <br />by any persons, firms, corporations or other entities for the <br />above-described purposes which have been granted the right by the <br />Grantee, its successors or assigns, to use the coal loadout <br />facility which the Grantee intends to construct upon the property <br />to which this easement is appurtenant. <br />TO HAVE AND TO HOLD the same, together with all rights <br />necessary to operate, use and maintain the roadway over the <br />easement hereby granted unto the Grantee, its successors and <br />assigns, forever, and the Grantee may convey the rights and <br />easement herein granted, either in whole or in part, to the owner <br />or owners of all or any part of the dominant estate to which the <br />rights and easement herein granted is appurtenant, subject to <br />the terms of this grant, and such rights and easement shall be <br />covenants running with the Land burdened by them and be binding <br />upon Grantors and their successors in title to the burdened land. <br />Grantors represent and warrant to Grantee, its successors and <br />assigns, that they are the owners in fee simple of the property <br />described in Exhibit A, and have good right, full power and lawful <br />authority to grant, bargain, sell and convey an easement over said <br />property in manner and form as aforesaid, and that the same is <br />free and clear from all former and other grants, bargains, sales, <br />liens, taxes, assessments and encumbrances of whatever kind or <br />nature whatsoever, except the lien for general taxes for 1978, <br />payable in 1979, and except for the above-described Option for <br />Right of way Easement granted to Peabody Coal Company, and subject <br />only to patent reservations; mineral reservations of record; <br />building and zoning regulations and restrictive covenants of <br />record; and the above bargained premises in the quiet and peaceable <br />-3- <br />