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5. Grant of Flowage Easement. Grantor hereby grants, gifts, quit claims and conveys to the <br /> City a perpetual flowage easement and right and privilege to trespass with water over and <br /> upon any or all of the Easement Premises,but not to the detriment of the Lots,the <br /> Common Elements, the Association, or the owners or occupants of the Lots. <br /> 6. Release. Grantor hereby remises,releases, acquits and forever discharges, forever,the <br /> City and any and all of its officers and employees of and from any and all claims, <br /> demands or causes of action of any kind or nature whatsoever which may arise or accrue <br /> by virtue of any flowage or trespass with water over and upon any or all of the Easement <br /> Premises within the terms of this Agreement. <br /> 7. No Public Interest. Nothing contained herein or the dedication in the Plat shall be <br /> construed as creating any use rights in the general public or as dedicating for public use <br /> any portion of the Easement Premises, except as expressly described in this Agreement. <br /> 8. Amendment. This Agreement may be amended, modified, or terminated in part or in <br /> whole by written consent of the City, or its respective successors and assigns in interest to <br /> the Easement Premises. <br /> 9. Representations. Grantor hereby represents to the City that,to the best knowledge of <br /> Grantor, Grantor is not aware of any mortgage or ownership interest in the Easement <br /> Premises other than the mortgages set forth in the Mortgage Holder Consent(s) attached <br /> hereto and Grantor's interest in the Easement Premises. <br /> [Remainder of page intentionally left blank. <br /> Signature page follows.] <br /> 4 <br /> Lot 17,Block 3,Lakeview of Orono <br /> 210386v1 <br />