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nuc 29 Ub U4t*dbp OjC ilia p. f GRANT OF A PERMANENT RETAINING WALL EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned. Hilloway Shopping Center, LLC, a Minnesota limited liability company, vendees and William W. Wear and Mable J. Wear, husband and wife, fee owners rOiantoi^, whether one or more), as contract vendee and owners, respectively, of the property tegally described on Exhibit A, attached hereto and made a part hereof, located in Hennepin County, Minnesota (the *Tfopei^), for and in consideration of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged do hereby convey unto the Sugarwoods Office Center, LLC, a Minnesota limited liability company (“Oranlec**, whether one or more)., a non-exclusive permanent easement for construction and maintenance of a retaining wall, over that portion of tte Property described on attached Exhibit D (the "Easement Area"). Grantee shall be responsible for and shall pay for construction of the retaining wall located on the Easement Area. Grantor and Grants shall share die cost of maintaining and repairing the retaining wall equally unless maintenance is required because of the negligence of one of the parties. In such event, the negligent party shall be r«q>onsible for the cost of repair.. Tiie parties agree that the Easement Area shall always be maintained in good condition and repair consistent with applicable governmental standards and other commercially reasonable standards and at all times comply with qiplicable regulations, ordinances and codes. The Parties will take such actions as are reasonably necessary to ensure diat the structure or integrity of the retaining wall located within the Easement Area will be maintained. If Grantor or Grantee, their heirs, devisees, successors or assigns, Dul to maintain or repair the retaining wall within the Easement Area, or fails to pay its shwe of the cost of maintenance and or repair, any non-defaulting owner may give the definilting owner or owners a seven-day written notice of such Allures. If the definilting party fiuls to cure the deAult during thv. notice period, the non-defiuilling party shall have the right to enter the Easement Area and perform the maintenance or repair. The definilting party shall reimburse the non-defaulting party for the reasonable cost of said maintenance or repair within seven days of receipt of an invoice. Failure to make such payment shall give the nonnlefaulting owner the rigM to enforce such payment at law. Grantee agrees that it shall, at its sole expense, repair any damage done to the Property as a result of the Grantee's use of the Easement Area and hold Grantor harmless from any and all claims arising from Grantee's use of the Easement Area. IN TESTlK^^^^yEREOF the Grantors and Grantee have executed this agreement this SUGARWOODS OFFICE CENTER, LLC HILLOWAY SHOPPING CENTER, LLC (3i i amdtt