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<br />Form 20091-2 6/1/76
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<br />Railroad's grant herein is limited to Railroad's right, title and interest
<br />in the premises affected and is made without any warranty of title, express or implied,
<br />and no damages shall be recoverable from Railroad because of any dispossession of
<br />Licensee or because of failure of, defect in, or extinction of Railroad's title,
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<br />2. It is expressly agreed, however, that this license and permission is granted,
<br />solely, for the purposes above s.et out and if the Licensee, its successors or assigns,
<br />shall cease to use the aforesaid.cpremises, or any part thereof, for said purposes, this
<br />license and permission, as to the portion or portions so abandoned, shall expire and
<br />terminate at the time each portion, if any, shall be so abandoned; whereupon, Railroad,
<br />its successors and assigns, shall have the same complete title to the land as though
<br />these presents had never been executed and shall have the right to enter thereon and
<br />to exclude therefrom Licensee, its successors and assigns.
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<br />3, It is expressly understood and agreed by and between the parties hereto that I
<br />this grant of right of way is made subject to and subordinate to the rights of the
<br />Railroad, its successors, 'assigns, lessees and licensees, to maintain, operate and
<br />renew any telephone, telegraph, power and signal lines and poles, railroad tracks,
<br />roadways, pipe lines and any other facility of a similar or different character which
<br />are presently located on, under or over the hereinabove-described premises, or as
<br />relocated in accordance with any provisions which may be contained herein providing
<br />for such relocation,
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<br />It is further agreed between the parties hereto that the Railroad, its suc-
<br />cessors, assigns, lessees and licensees, may hereafter construct or install and
<br />thereafter maintain, operate and renew any or all of the above-described facilities
<br />on the granted premises; provided, however, no such facilities shall be constructed
<br />or installed on the granted premises hereinabove described which will materially
<br />interfere with the Licensee's use thereof as herein provided. All such facilities
<br />hereafter constructed or installed on the granted premises shall be constructed or
<br />installed in accordance with the applicable rules and regulations governing such con-
<br />struction or installation; provided further, however, the foregoing conditions for
<br />future construction and installation shall not apply to railroad tracks which Railroad"
<br />its successors and assigns, shall have the right to install, construct, maintain and
<br />operate on, over or under the granted premises at any and all times,
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<br />4. (a) Licensee, its successors and assigns, except as otherwise hereinafter
<br />provided, shall perform all th~ work incident to establishing and maintaining the
<br />highway over Railroad's premises, including grading, drainage, drainage structures
<br />and Paving, at Licensee's sole cost and exgense,
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<br />(b) Railroad shali'''fl)rnish all labor, material, equipment and supervision
<br />for and shall install heavy-duty timber crossing, reflectorized crossbuck sign, sub-
<br />grade filter~abric, field weld rail joints, relocate existing crossbuck sign and
<br />remove existing. crossing, .all a~.,Licens~Il',s, S~lll ,cost and expense.
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<br />(c) Licensee hereby expressly stipulates and agrees to reimburse Railroad
<br />in the amount of $4,765.00, being the cost of Railroad's work set forth in Subsection (
<br />of this Section 4.
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