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202110290408 Document:EASEMENT Rec: 5208.50 Page-3 of 6 <br /> Record Date:10/29/2021 11:35 AM Snohomish County,WA <br /> 2. This easement is granted subject to and conditioned upon the following <br /> terms, conditions and covenants: <br /> a. Grantor shall at all times conduct its activities and all other activities <br /> conducted on Grantor's property so as not to interfere with, obstruct or <br /> endanger the usefulness of any improvements, or other facilities, now or <br /> hereafter maintained upon the easement, or in any way interfere with, <br /> obstruct or endanger the Grantee's use of the easement. <br /> b. the Grantor agrees that title to all brush, trees, other vegetation or debris <br /> trimmed, cut and removed from the easement pursuant to this Agreement, and <br /> also all brush, trees, other vegetation or debris trimmed, cut and removed from <br /> Grantor's land pursuant to this Agreement is vested in the Grantee, and that <br /> the consideration paid for conveying said easement and rights herein described <br /> is accepted as full compensation for all damages incidental to the exercise of <br /> any of said rights. <br /> C. The Grantor also covenants to the Grantee that Grantor is lawfully seized <br /> and possessed of the land aforesaid; has a good and lawful right and power to <br /> sell and convey same; that same is free and clear of encumbrances, except as <br /> above indicated; and that Grantor will forever warrant and defend the title to <br /> said easement and the quiet possession thereof against the lawful claims and <br /> demands of all persons whomsoever. <br /> 3. This easement shall run with the land, be appurtenant thereto, and <br /> shall be binding on and shall inure to the benefit of the parties hereto, their heirs, <br /> executors, administrators, successors, and or assigns. <br /> 4. Each of the parties agrees to indemnify the other against all liability for <br /> injury to himself or damage to his property when such injury or damage shall result <br /> from, arise out of, or be attributable to any maintenance or repair undertaken by any <br /> party pursuant to this Agreement. <br /> 5. This Agreement embodies the entire understanding of the parties, and <br /> there are no further or other agreements or understanding, written or oral, in effect <br /> between the parties, relating to the subject matter hereof. This instrument may be <br /> amended or modified only by an instrument of equal formality. <br /> 6. In the event legal action is instituted to enforce the terms of this <br /> agreement, or any part hereof, the prevailing party shall be entitled to recover its <br /> reasonable attorney fees and court costs from the other. <br /> 3 —EASEMENT AGREEMENT <br />