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2. The right (a) Io clear and Io keep the slrip(s) free of trees (except fru~l trees below 15 ft. in <br /> heigh0, structures, buildings, mobile hames and trailers, human groves, wells, seplic tanks, underground <br /> slorage lanks, garbage, lrash, rubble, flammable material, building material, iunk, and wrecked or dis- <br /> abled vehicles; (b) Ia keep said strip(s) free and dear from all other objects, whether above or below <br /> graurd, which may inlerfere in any way wilb or endanger lhe transmission line, or the maintenance and <br /> operalion of lhe line by Company; (c) ~o fell all trees on Grantor'.~ land outside of said strip(s) boJh now <br /> and in the fulure, loft enough Io fa~l on a Iransmission llne (or any component of same) on said strip(s); <br /> (d) Io pul gates in Gran~or's fences on Ihe strip(s) Io give Company access through Granlor's fences on <br /> the strip(s); and (e) to plant or maintain shrubs and ornamental Irees wilhln said strip(s} at selecled <br /> <br /> AIl trees which Company is authorized to cai by this agreement shall be lhe properly of Duke Power <br /> Company. <br /> <br /> Company's righl to enler Grantor's land shall be confined Io slreets, roads, and driveways when <br /> Ihey exist at lbo l/me enlry is necessary and When Ihey are adequale for Company's purposes; but when <br /> lhey do nol exisl or are r~ol adequate, such righl 1o enler shall be over the nearest most practicable <br /> roule or reales la said strip(s). Company shall repair damage Io Grantor's land, roads, driveways, and <br /> fences caused by Company's exercise of the righls herein granted and shall compensole Grantor for <br /> damages occurring 1o crops Grief lhe line is construcled. <br /> <br /> Granlor reserves oll other righls to said strip(s) not inconsislent with Ihe rights and easements herein <br /> granted. Such reserved righls shall include, but shall not necessarily be limited Io, lhe following: (1) the <br /> right to cultlvale crops, plants, shrubs, and fruit Irees Ihal do not exceed 15 feet in heighl; (2) the right <br /> to pave, improve, and use lhe strip(s) for lemporary aulomobile parking provided Grantor installs ada- <br /> quale proteclive barriers for Company's slruclures; (3) Ihe right Io use Ihe strip(s) for recreation, provided <br /> no slruclul-es are erected; (4) lhe righl 1o retain existing roods, drives, sewer, waler, end Giber utilily <br /> lines on the slrip(s) at Iheir existing Ioc~lions os of the date of this inslrument; (5) lhe righl 1o conslrucl <br /> and mainlah~ new streels, roads, water, sewer, and utilily lines across said slrip(s) provided they cross <br /> Ihe slrip(s) at an angle of more lhan 30 degrees and are nol Iocaled wghin 20 feet Df Company's strut. <br /> lures and meet legal clearance requirements; (6) the right to maintain existing fences and the right 1o <br /> build new fences on said slrlp(s) provided they are iocaled al least 10 feet from Company's slructures; <br /> a~d (7) lbo rlg~t to excavate, grade, and fill provided sucl~ is in accordance with goad engineering proc- <br /> ments.tice' does not end~ qger Company's structures and their foundations, and meets legal clearance require- <br /> <br /> The failure of Grantee to exercise any of Ihe righls herein granted shall hal be conslrued os a waiver <br /> or abandon rnenl of Ihe right lbereafler ¢ t any time and from time 1o time Ia exercise any or oll of Ihem. <br /> <br /> TO HAVE AND TO HOLD sold Irocl(s) or parcel(s) of land togelher with oil privileges and appurten- <br />forever.ances lhereun~o belongin~ for the use and purposes aforesaid, unlo Grantee, its successors and ossigns <br /> <br /> And Grc r~lor, far the Granlor and for lhe Gronlor's heirs, executors, odmlnislralors, successors and <br />assigns, covenanls to and with Granlee, its successors and assigns, thai grantor is lawfully seized of lhe <br />above described land in lee and hcls the righl to cor~vey the said rights and eosemenls; lhol the some is <br />free and clear fram any and all incumbrances a ~d will forever ~uarranl and defend Ihe lille Io the said <br />rigbls an~ eosemenls againsl I~e lawful claims of all persons w~omsoever. <br /> <br /> IN WITNESS WHEREOF, I~is inslrumenl is execule~ on lhe dale ~irsl a~ove wrillen. <br /> <br /> ~us co~,~,~ <br /> <br /> ............................................................................. (SEAL) <br /> <br /> .............................................................................. (SEAL) <br /> <br /> .............................................................................. (SEAL) <br /> <br /> <br />