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i G. Grantee may enter upon the Land for the purposes of inspection and enforcement of the covenants contained herein and to cause to be removed &om the Lanci, without any liabifity,any structures,uses,materials,substances,or unnatural matter inconsistent with the covenants contained herein and the natural state of the Land. H. Creation and maintenance of non-hardcover walking paths is allowed on the Land.A private trail with no more than one(l)connecting point to the Luce Line Trail may be constructed pursuant to this section,with prior written approval of the Minnesota Department of Natural Resources. 1. Pennanent markers of a design and material acceptable to the Planning Director of , thc City of Orono shall be placed at atl points where this easement intersects a lot boundary or where this easement boundary line changes direction,as noted on � Exhibit A. 2. Grantor hereby grants,gifts,quit claims and conveys to Grantee,a perpetual flowage easement and right and privite�e to trespass with water over and upon any or all of the Land. ' 3. 'The existing wood creek crossing bridge is to remain on the Land. The Grantor,or its assigns shall have�he ribht and obligation to make such use of said Land as is reasonably necessary and advisable to the maintenance,rcpair or replacement of said bridge. 4. Grantor herein does hereby remiss,release,acquit and forever discharge,forever, the Grantee and any and all of its officers and employees of and from any and all claims, demand or eauses of action of any kind or nature whatsoever which may arise or accrue by virtue of any(i)flowage or trespass with water within terms of these agreements or (ii)the maintenance,repair or replacement of said bridge referenced in Section 3 hereof and any path,if any,created by virtue of Section 1(H)above,which was specifically perfocmed by Grantor or its assigns. In addition to any other remedy the Grantee may have,the covenants and restrictions coniained herein may be enforced by injunction. Grantor does not intend that the public should have any interest in the above Land by virtue of this indenture or otherwise,except as hereinabove set forth. Thc Grantors herein ceriifies that the Land herein described are free and ctear of all encumbrances except: � a. A mortgage which was made by Creekside in Orono,LLC,as borrower,to Construction Mortgage Investors Co.,as tender,which was dated October 21,2004 and recorded October 28,2004 as Document No.4035050. i ! � 2 � i I I