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DRIVEWAY EASEMENT DECLARATION
<br />THIS DRIVEWAY EASEMENT DECLARATION is made as of the ay of
<br />AAUSf 2019, by OCBR 1, LLC, a Minnesota limited liability company ("Declarant").
<br />RECITALS:
<br />WHEREAS, Declarant is the fee owner of certain real property legally described on
<br />Exhibit A attached hereto (the "Burdened Property");
<br />WHEREAS, Declarant is also the fee owner of certain real property legally described on
<br />Exhibit B attached hereto (the "Benefitted Property");
<br />WHEREAS, the Declarant desires to create a perpetual covenant and easement for
<br />driveway purposes, for the benefit of the Benefitted Property, over that portion of the Burdened
<br />Property that is legally described on Exhibit C attached hereto (the "Easement Area").
<br />NOW, THEREFORE, in consideration of the foregoing and for other valuable
<br />consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree and
<br />state as follows:
<br />1. Grant of Easements. For the benefit of all current and future fee owner of the
<br />Benefitted Property, and their respective tenants, agents, contractors, mortgagees and invitees,
<br />Declarant hereby grants, conveys and declares a perpetual nonexclusive easement over and
<br />across the Easement Area solely for the following purposes: (a) the construction, maintenance,
<br />repair, replacement and use of a driveway for vehicular and pedestrian access and improvements
<br />ancillary thereto, including, without limitation, a mailbox, and (b) the installation, maintenance,
<br />repair, replacement and use of underground utilities.
<br />2. Maintenance and Repair. The fee owner of the Benefitted Property shall, at its
<br />sole cost, be responsible for the construction, maintenance, repair and replacement of the
<br />improvements it installs in the Easement Area. The fee owner of the Benefitted Property shall
<br />promptly observe and comply with all present and future laws, ordinances, requirements, orders,
<br />directions, rules and regulations of all governmental authorities having jurisdiction over the use
<br />conducted by the owner of the Benefitted Property within the Easement Area.
<br />3. Liens. The lee owner of the Benefitted Property shall at all times keep the
<br />Burdened Property free and clear from all liens and encumbrances created by or through the fee
<br />owner of the Benefitted Property, including, without limitation, any liens or other claims asserted
<br />by any contractor supplying labor or materials to the Pee owner of the Benefitted Property, and
<br />the fee owner of the Benefitted Property shall defend, indemnify and save the fee owner of the
<br />Burdened Property harmless from and against all loss, attorneys' fees and other costs and
<br />expenses incurred or expended in connection with any such lien or encumbrance, or the
<br />prosecution or defense of any suit, action or proceeding relating to the same. If a lien as herein
<br />described is filed against the Burdened Property, the fee owner of the Benefitted Property shall,
<br />086664\001\5232845.0
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