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<br />79ß <br />.. ~ s;..1 1 Ur\ E <br />-'-"-'uv -"- u <br /> <br />whether of record or not; all presently recorded restrictions, reservations, covenants, conditions, oil, <br />gas and mineral leases, mineral severances, and other instruments, other than liens and conveyances, <br />that affect the Easement areas; any discrepancies, conflicts or shortages in area or boundary lines and <br />any encroachments or overlapping of improvements. <br /> <br />7. Failure to Perform. If Grantee fails to perfonn any covenant, condition or obligation <br />under this Agreement, the Easements and all rights and privileges granted to Grantee under this <br />Agreement shall tenninate and this Agreement shall be of no further force or effect. <br /> <br />8. Rights Reserved. Grantor retains, reserves and shall continue to enjoy the use of the <br />surface of the Easements for any and all purposes that do not interfere with and prevent Grantee's <br />use of the Easements. <br /> <br />9. Entire Agreement. This Agreement contains the entire agreement between the <br />parties relating to its subject matter, and nay prior, contemporaneous or subsequent oral <br />representations or modifications concerning this Agreement shall be of no force and effect. Any <br />subsequent amendment of this Agreement must be in writing and signed by all parties hereto. <br /> <br />10. Attorneys' Fees. If any controversy, claim or dispute arises relating to this <br />Agreement, the prevailing party shall be entitled to recover fonn the other party all costs thereof, <br />including reasonable attorneys' fees and expenses. <br />.. <br /> <br />11. Assignability and Binding Effect. This Agreement shall not be assignable by <br />Grantee except with the written consent of Grantor, and any assignment for which such consent is <br />not obtained shall automatically tenninate the Easements. This Agreement shall bind and inure to <br />the benefit of Grantee, and Grantee's successor and pennitted assigns, and to the benefit of Grantor <br />and Grantor's successors and assigns. <br /> <br />EFFECTIVE as of the date set forth above. <br /> <br />GRANTOR: <br /> <br />THE FROST NATIONAL BANK,' AS <br />TRUSTEE OF THE JOSEPH FREEMAN <br />TEST AMENT AR Y TRUST <br /> <br /> <br /> <br />By: ~ I: . J Í-- <br />N.ame: '~T K .£Jy¿ <br />TItle: It":~ Pr'-~ ~/Jt-.... +- <br /> <br />JMW:bc.I.wrnstr <br />11081.1.51396-1 <br />'"' <br />- -' - <br />