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NOW THEREFORE, for good and valuable consideration: <br /> l. The Levangs hereby grant and convey to iJ.S. Bank a perpetual non-exclusive <br /> easement for driveway, walkway, ingress, egress, and utility access purposes over, under and <br /> across the above-descnbed Easement Area. <br /> 2. The easement granted herein sha11 be permanent, shall run with the land, and sha11 <br /> be an appurtenance to the U.S. Bank Property so as to benefit and burden the present and future <br /> owners and encumbrancers of the U.S. Bank Property and the Levang Property. <br /> 3. U.S. Bank and its successors and assigns shall pay one-half of the costs of <br /> maintenance, repair, and snow removal incurred with respect to a11 of the Easement Area; it <br /> being understood that, for purposes of determining,he amounts paya'�le hereunder by U.S. Bank, <br /> any amounts due and payable to the Levangs by the owners of Lot 2, Block 1, Popov Addition, <br /> for the use of the Levang Properiy shall be deducted from the aggregate costs to be shared by the <br /> parties hereto prior to the calculation of the amounts payable to the Levangs under the easement <br /> granted herein. <br /> 4. This Agreement sha11 not be construed to disturb the nghts and obligarions of the <br /> owners of the owners of Lot 2, Block l, Popov Addition, or any other parties in and to the <br /> Easement Area. <br /> S. This Agreement takes the place of and is in lieu of all prior understandings and <br /> agreements between the Parties and their predecessors as to the use and maintenance of the <br /> Easement Area, whether such understandings and agreements are oral or written. This <br /> Agreement constitutes the entire agreement of the Parties. No other agreement not expressed <br /> within this Agreement shall ha�e any force or effect, and no modification, amendment or change <br /> of any land to this Agreement shall be effective unless it is in writing and signed by each of the <br /> Parties to this Agreement. <br /> 6. All references in this Agreement to "Levangs" and to "U.S. Bank" shall be <br /> deemed and construed to include their heirs, successors, and assigns. <br /> (remainder of page intentionally left blank; signature pages to follow) <br /> 2 <br />