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<br />The reservations, covenants, conditions and <br />reversionary provisions contained herein shall run with the land <br />and inure to the benefit of Grantor and the successive owners of <br />any portion of Grantor's 27.11 acre tract and 1.19 acre tract as <br />shown on Exhibit "B" attached, and be binding upon Grantee, and <br />the successive owners of any portion of the Permanent Easement <br />strip hereby conveyed. <br /> <br />The acceptance by Grantee of this conveyance is <br />expressly conditioned upon and subject to the reservations, <br />covenants, and conditions provided herein, and its agreement <br />thereto and is evidenced by Grantee's causing this instrument to <br />be recorded in the Deed Records of Hays County, Texas. <br /> <br />The persons and officers signing below on behalf of <br />Grantor or Grantee personally represent and warrant that Grantor <br />or Grantee, as the case may be, has full right and authority to <br />execute this agreement, that the person or persons signing below <br />on behalf of Grantor or Grantee was authorized to do so. <br /> <br />This agreement and all of the terms, provisions and <br />obligations hereof shall be covenants running with the land <br />affected thereby and shall inure to the benefit of and be binding <br />upon Grantor and Grantee and their respective successors and <br />assigns. <br /> <br />Grantor, for the consideration and subject to the <br />reservations from and exceptions to conveyance and warranty and <br />the covenants and conditions contained herein, HAS GRANTED, SOLD <br />AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY <br />to Grantee an underground utility easement for the purpose of <br />enabling the Grantee to lay, construct, reconstruct, operate and <br />maintain underground municipal waterlines and wastewater lines <br />along, across, through, within and over the Property, and for <br />Grantee's_free and uninterrupted use, liberty, privilege and free <br />ingress, egress and regress to the Property (together with the <br />Temporary Easement); provided, however, that Grantee's use of the <br />Property shall not obstruct ingress, egress and regress over the <br />Property by Grantor, Grantor's successors and assigns and those <br />going onto or over the Property with the consent of Grantor, its <br />successors and assigns. <br /> <br />TO HAVE AND TO HOLD the Property unto the said Grantee, <br />Grantee's successors and assigns, forever, and Grantor does <br />hereby bind Grantor and Grantor's successors and assigns to <br />WARRANT AND FOREVER DEFEND all and singular the Property to <br />Grantee and Grantee's successors and assigns against every person <br />whomsoever claiming or to claim the same or any part thereof, <br />subject to the reservations and exceptions contained herein. <br /> <br />When the context requires, singular nouns and pronouns <br />include the plural. <br /> <br />4 <br />