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j# O o <br />// <br />FASRMFNT AGRHKMENT <br />I <br />“ / <br />/ <br />i.v' <br />THIS AGREEMENT, dated this 5th day of June, 1997, by and between ADAM SMITH <br />COMPANY, a Minnesota corporation (hereinafter referred to as “Grantor”) and VOYAGEUR <br />SERVICE CENTERS, INC., a Minnesota corporation (hereinafter referred to as “Grantee”). <br />RECITALS: <br />1. Grantor is the Contract for Deed purchaser and North Central Conservative <br />Baptist Association is the fee owner of the following described property located in Hennepin <br />County, Minnesota. <br />See Exhibit A attached hereto <br />(“Property”); and <br />2. Grantee is the fee owner of the following described property located in Hennepin <br />County, Minnesota. <br />See Exhibit B attached hereto <br />(“Grantee Parcel”); and <br />3. The parties desire to create appurtenant, perpetual and nonexclusive easements in <br />favor of Grantee for ingress and egress over and across the property described as Parcel 1 and for <br />customer overflow parking over and across the property described as Parcel 2, as both parcels are <br />described on Exhibit C attached hereto (“Easement Parcels”). <br />NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and <br />valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor <br />and Grantee do hereby mutually covenant and agree as follows: <br />1. GRANT OF EASEMENT. Grantor hereby grants, quit claims and conveys to <br />Grantee a perpetual, appurtenant and nonexclusive easements for ingress and egress over and <br />across Parcel 1 and for customer overflow parking over and across Parcel 2 for use by Grantee <br />(“Easements ”). <br />2. USE OF EASEMENT PARCEL. Grantor hereby grants to Grantee the right to <br />use Parcel 1 for ingress, egress and Parcel 2 for customer overflow parking. No party to these <br />Easements, their successors or assigns, customers, guests, invitees or licensees, shall in any <br />manner block, obstruct or otherwise prevent the use of these Easements by Grantee or Grantor. <br />3. DURATION AND APPURTENANCE. The Easements granted herein shall be <br />perpetual and appurtenant to Grantee’s Parcel and shall be binding upon and inure to the benefit <br />of the successors and assigns of Grantor and Grantee.