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<br />01/21/2000 11:01 <br /> <br />5123952870 <br /> <br />ANDREW GARY <br /> <br />PAGE 03/10 <br /> <br />incorporated by reference herein. <br /> <br />Reservations from and Exceptions to Conveyance and Warranty: <br />This easement is granted, subject to all encumbrances <br />and other matters of record in Hays County, Texas, and/or visible <br />and apparent on the ground that a correct survey would reveal, to <br />the full extent the same exist and affect the easement herein <br />granted. <br /> <br />It is understood and agreed that this agreement is an <br />easement only and in no way grants or conveys any part of the <br />underlying fee simple estate of any lands owned by Grantor. <br /> <br />This conveyance is expressly made by Grantor and <br />accepted by Grantee subject to the following express <br />reservations, covenants, and conditions: <br /> <br />1. Grantor expressly reserves the right to the full <br />use and enjoyment of said lands within said Permanent Easement <br />Strip except as may be necessary for the purposes herein granted. <br /> <br />2. Grantor expressly reserves the right to construct <br />roads} curbing, utilities, and water lines across said Permanent <br />Easement Strip. <br /> <br />3. Grantor expressly reserves all oil, gas, and other <br />minerals owned by Grantor, in, on, and under the Permanent <br />Easement Strip conveyed herein, provided, however, that Grantor <br />shall not be permitted to drill or operate for minerals on the <br />surface of the said easement, but will be permitted to extract <br />oil and/or gas and/or other minerals from and under said <br />Permanent Easement Strip by directional drilling or other means, <br />so long as Grantee's use of said Permanent Easement Strip is not <br />interfered with or disturbed. <br /> <br />4. Grantor expressly reserves the right to pave with <br />asphalt, base or similar material across the area within the <br />Permanent Easement Strip. Grantee agrees that any repairs to <br />said paving resulting from Grantee's operations as provided <br />herein within said Permanent Basement Strip shall be at Granteels <br />sole cost. <br /> <br />5. Grantor expressly reserves the right to use all or <br />any part of the Permanent Easement Strip conveyed herein for any <br />other or further purpose that does not damage, destroy, injure <br />and/or interfere with the use of the easement conveyed herein for <br />the purposes for which the said easement is conveyed herein. <br /> <br />2 <br />