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EXHIBIT"B-I" <br /> Memorandum of Easement <br /> THIS MEMORANDUM OF EASEMENT is hereby executed this day of <br /> , 20 , by and between BNSF RAILWAY COMPANY, a Delaware corporation <br /> ("Grantor"), whose address for purposes of this instrument is 2500 Lou Menk Drive, <br /> Fort Worth, Texas 76131, and , a <br /> ("Grantee"), whose address for purposes of this instrument is <br /> , which terms "Grantor" and "Grantee" shall <br /> include, wherever the context permits or requires, singular or plural, and the heirs, legal <br /> representatives, successors and assigns of the respective parties: <br /> WITNESSETH: <br /> WHEREAS, Grantor owns or controls certain real property situated in <br /> County, as described on Exhibit "A-1" attached hereto and incorporated <br /> herein by reference (the "Premises'); <br /> WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated _ <br /> (the "Easement Agreement") which set forth, among other things, the <br /> terms of an easement granted by Grantor to Grantee over and across the Premises (the <br /> "Easement"); and <br /> WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions <br /> of the Easement Agreement of record. <br /> For valuable consideration the receipt and sufficiency of which are hereby <br /> acknowledged, Grantor does grant unto Grantee and Grantee does hereby accept from <br /> Grantor the Easement over and across the Premises. <br /> The term of the Easement, unless sooner terminated under provisions of the <br /> Easement Agreement, shall be perpetual. Provisions regulating the use and purposes <br /> to which the Easement shall be limited, are set forth in detail in the Easement <br /> Agreement and Grantor and Grantee agree to abide by the terms of the Easement <br /> Agreement. <br /> All the terms, conditions, provisions and covenants of the Easement Agreement <br /> are incorporated herein by this reference for all purposes as though written out at length <br /> herein, and both the Easement Agreement and this Memorandum of Easement shall be <br /> deemed to constitute a single instrument or document. This Memorandum of Easement <br /> is not intended to amend, modify, supplement, or supersede any of the provisions of the <br /> Easement Agreement and, to the extent there may be any conflict or inconsistency <br /> between the Easement Agreement or this Memorandum of Easement, the Easement <br /> Agreement shall control. <br /> [Signature page follows] <br /> 28 <br />