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Grantor will not erect, construct, or create any building, improvement, obstruction, or <br /> structure of any kind within the Easement Area during the term of this Easement, either above or <br /> below the surface or change the grade thereof without the express written permission of the City <br /> and MCES. <br /> 3. Warranty of Title. Grantor warrants that it is the owner of the Property, and it has the <br /> right, title, and capacity to convey to the City and MCES the easement herein. <br /> 4. Environmental Matters. The City and MCES shall not be responsible for any costs, <br /> expenses, damages, demands, obligations, including penalties and reasonable attorneys' fees, or <br /> losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of <br /> release of any hazardous substances, pollutants, or contaminants which may have existed on, or <br /> which relate to, the easement area or Property prior to the date of this instrument. <br /> 5. Binding Effect. The terms and conditions of this instrument shall run with the land and <br /> be binding on Grantor, its successors and assigns. <br /> 6. Term. The easement granted herein expire on . <br /> STATE DEED TAX DUE HEREON: NONE <br /> NE136-24-727068.v1 2 <br />