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r ' <br /> 4. Owner's Covenants. Owner c.�venants and agrees that: <br /> a. The Easement Area shall not be encroached upon by fill, excavation, <br /> paving or concrete, erection of buildings or permanent enclosures, fences or walls, or <br /> other obstructions by Owner which would interfere with, or which would otherwise <br /> obstruct access to the Public Improvement in any manner by Owner. <br /> b. Owner has the lawful right and authority, without restriction, to convey <br /> the easements as herein granted, that the Easement Area is not subject to any other <br /> interest other than the interests of Owner, except the interests of Norwest Bank <br /> Minnesota National Association and Bank of America, FSB, both of which have <br /> consented to the easement granted herein, and that the Easement Area is embraced <br /> wholly within the Property. <br /> �. Bindin� Effect. The terms, provisions and easements provided herein shall inure <br /> to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of <br /> the Owner. The covenants, agreements and easements contained herein shall be deemed to run <br /> with, burden and benefit the Property. <br /> 6. Termination of Easements. In the event that use of the Easement Area is at <br /> anytime discontinued by the City, the City shall have the right, but no the duty, to enter further <br /> upon the Easement Area and remove all or any portion of the Public Improvement which has <br /> been placed upon, over or under the Easement Area. <br /> IN WITNESS WHEREOF, this Agreement has been executed as of the day and year <br /> first above written, subject to all of the terms and conditions herein set forth. <br /> CITY OF ORONO OWNER <br /> BY /�L/C_Qi'� <br /> Its Mayo Evangelin, T. Kerber <br /> B ���-�' ��� <br /> Y <br /> Its City Clerk <br />