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<br />discretion, to eaise objections {excepting objections based upon lack of title necessary for access) <br />to any special use permit for any gravel, asphalt, crushing, or related activities on the Gray <br />property, or to any other permit related thereto. Gtay reserves elf rights to rebut or defend against <br />such objections, and this settlement agreement is not intended in any way to diminish or <br />prejudice either parties' objections or defenses to such permitting, as this settlement is intended <br />to resolve only a real property dispute associated with boundary tines and legal title of (fray to <br />access Kinikin Road.. <br />3.3. Gray shall execute a restrictive covenant, which shall be recorded, and which states <br />that for so long as Lazy A owns property adjacent to Gray at the area of the 4'" Gate, Lazy A shall <br />he entitled to prevent Gray from allowing trucks containing gravel, asphalt, or other similar or <br />related material to exit from the 41h Gate and travel South on Kinikin Road to a destination <br />beyond a point on Kinikin Road which is defined as the highest (in elevation) point of Kinkin <br />Road in the area as shown and marked on the attached Appendix I as "HILL". Amore accurate <br />descriptign of said point shall be provided for the deed restriction or restrictive covenant. 8y <br />this limitation, Gray agrees to allow gravel trucks only to proceed South on Kinikin Road for <br />purposes of providing gravel, asphalt, or other related material from the Gray Property to an end <br />user located on - or served by -that portion of Kinikin Road located North of said point on <br />Kinikin Road described above and depicted approximately tin Appendix I. This limitation shall <br />be a covenant mm~ing with and burdening the Gray Land and benefitting the Lazy A property for <br />so Long as Lazy A owns the property located to the East of the 4`~' Gatc. <br />3.4 Gray Il, including all claims and counterclaims which were raised or which could <br />6e raised, will be dismissed, with prejudice, Each party shall be responsible for its own attorney <br />fees and a!I costs. The dismissal shall note that neither party is acknowledging any fault or <br />liability. Rather, the dismissal is prompted by the patties' mutual desire to end the uncertainty of <br />the litigation and to end the attorney fees. <br />4. Miscellaneous: Parties agree to execute mutual general releases relative to all acts and/or <br />omissions related to the matters contained in Gray 1 or Gray 11 which have occurred prior to the <br />execution of said releases. The parties shall sign the releases, deed, and this settlement <br />agreement by September 29, 2006. The parties shall also execute and deliver any other <br />documents rcasonab;y necessary to effectuate the intent of this agr~remcnt, <br />o . <br />Robcr! J. Thomas se Coleman <br />Attorney for Lazy A Attorney for Gray <br />APPROVED: <br />Lazy A Corparalio J <br />~J / ~%~ <br /> <br />Autry, President Date brick Gray llate <br />