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C. Grantee desires and Grantor hereby agrees to an easement on, over, under and across
<br />thdGratitor Property and the installation of a drainage line across the Grantor Property in the location
<br />` desoribed below, along with access to said casement area drainage line for repairs, maintenance and
<br />replacement. £ te5Vtt- vnax s.nc& CWka s 1%)e6\�SpC
<br />NOW ,"FNEREFQRE, for and other good and valuable consideration, V✓
<br />recgipI of .wft}ch is herby confirmed by Grantor, and for the covenants and conditions set forth below,
<br />Grantor and'Gmnleo-fiat by agree as follows: 7�
<br />Gcant o�Eaacment. Grantor hereby grants and conveys to Grantee, for the benefit of
<br />the Grantee Property :ab.b"I.elusive perpetual easement in, on, upon, over, under and across that
<br />portion of tite.Giantor' Property described in Exhibit C attached hereto (the "Easement Area") for the
<br />installation, use; repair and mpl4cement of a drainage line not to exceed six (6) inches in diameter and
<br />located in, on, upon; over, under and/or across the Easement Area, which drainage line shall be used
<br />for the drainage needs of.t6e ('iran(ee Properly; and a non-exclusive perpetual easement for Grantor to
<br />cross the Grantor Property ih. ;order for Grantee to access the Easement Area (collectively, the
<br />"Easement").
<br />Ownershi(i. Grantor represents, warrants and covenants to Grantee that as of the date
<br />of recording of this Deed, Grallof is'the . le owner of the fee simple interest in the Grantor Property.
<br />Grantee represents, warrants and covenants to Grantor that as of the date of recording of this Deed,
<br />Grantee is the sole owner of the.fce sifirple.interest in.the Grantee Property. In the event of any breach
<br />by either parry of their re presentation,.wtrranty and covenant above, the breaching parry shall
<br />indemnify, defend (with counsel reasonably satisfactory to the other party) and hold the non -breaching
<br />party and his/her/their assigns harmlCss from and againsttiny And all loss, damage, claims, penalties,
<br />liability, suits, costs, and expenses (including, without limitatibo, reasonable attorneys' fees) suffered
<br />or incurred by the non -breaching party arising out of or retai�d to:said breach.
<br />J. Miscellaneous.
<br />a. Binding Effect. The E"cmant'ondother'covcnants contained herein shall be
<br />perpetual and shall run with the land and be,binding'upon and inure to the benefit of the
<br />Grantee Property and burden the Grantor Property, and shall be binding upon the respective
<br />heirs, personal representatives, transferees, successors and assigns of Grantee and Grantor.
<br />b. Enforcement. In the event of a breach•dl'the Easement or of any of the
<br />covenants or agreements set forth herein, the injured pa4. shall; except as expressly stated to
<br />the contrary hereinabove, be entitled to any and all tcmcd'ies available at law or in equity,
<br />including but not limited to the equitable remedies of spei:Itle.perfortnance, and/or mandatory
<br />or prohibitory injunction issued by a court of competent •jurisdiction;:''In any suit, action, or
<br />appeal therefrom to entbrce any provision hereof or to interpret tlris'Decd(Ihe prevailing party
<br />shall be entitled to recover its costs incurred therein, including tcasonab)e`attoritcys' fees and
<br />costs. This Deed shall be governed by and construed in accordanee,.wiih the lows'of the State
<br />of Washington.
<br />C. No Other Agreements. All prior agreements, wtitten'or..oral,,between
<br />Grantor and Grantee regarding the subject matter of this Deed are hcrcby tert m,g1ed,andshall
<br />have no further force or etTect.
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<br />DEED FOR DRAINAGE EASEMENT - 2
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