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i <br /> G. Grantee may enter upon the Land for the purposes of inspection and enforcement <br /> of the covenants contained herein and to caus� to be removed from the Land, ; <br /> without any liability,any structures,uses,materials, substances,or uiu�atural <br /> matter inconsistent with the covenants contained herein and lhe natural state of <br /> the Land. <br /> H. Creation and maintenance of non-hardcover walking paths is allowed on the Land.A <br /> private trai]with no more ihan one{l)connecting point to the Luce Line Trail rnay be <br /> constructed pursuant to this section,with prior written approval ot the Minnesota <br /> Depamnent of Natural Resources. <br /> 1. Permanent markers of a design and material acceptable to the Planning Director of , <br /> thc City of�rono shall be placed at all points where this easement intersects a lot ; <br /> �oundafy ur�,�i�ere ti�is easen�e��i Uuur�dsry iine cha,-�gcs ui�cctioa,as noied -vi, � <br /> Exhibit A. <br /> 2. Grantor hereby grants,gifts,quit claims and conveys to Grantee,a perpetual flowage <br /> easement and right a��d privitege to trespass with water over and upon any or all of the <br /> Land. <br /> ' 3. The existing wood creek crossing bridge is to remain on the Land, The Grantor,or ils <br /> assigns shall have the ribht and obligation to make such use of said Land as is reasonably <br /> necessary and advisable to the maintenance,rcpair or replacement of said bridge. <br /> 4. Grantor herein does hereby remiss,release,acquit and forever discharge,forever, the <br /> Grantec and any and all of its officers and employees of and from any and all claims, <br /> demand or c�uses of action of any kind or nature whatsoever which may arise or accrue <br /> by virtue of any(i) flowage or trespass with water within terms of these agreements or <br /> (ii) the maintenance,repair or replacement of said bridge reforenced in Section 3 hereof and <br /> any path, if any,created by virtue of Section 1(H)above,which was specifically performed <br /> by Grantor or its sssigns. <br /> In addition to any�ther remedy the Grantee may have,the covenants and restrictions <br /> coniained herein may be enforced by injunction. <br /> Grantor does not intend that the public should have any interest in the above Land by <br /> virtue of this indenture or otherwisc, except as hereinabove set forth. <br /> The Grantors herein certifies that tha Land herein described are free and ctear of all <br /> encumbrances except: <br /> a. A mortgage which was made by Creeksida in Orono,LLC,as borrower,to <br /> Construetion Mortgage Investors Co., as lender,which was dated October <br /> 21,2004 and recorded October 28,2004 as Document No.4035050. <br /> i <br /> i 2 <br /> i <br /> I <br />