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preparation, filing and approval of a lot line adjustment, subdivision application, plat, etc., <br />Grantee shall prepare, file such necessary documents and obtain any and all required <br />governmental approvals, at its sole cost and expense, and hereby indemnifies, saves, holds <br />harmless and agrees to defend Grantor from any and all costs, expenses, and claims caused by or <br />arising from the failure to do so. Obtaining any such required or necessary governmental, <br />municipal or other approval is a condition precedent to the transaction described herein. Grantor <br />agrees to reasonably cooperate with Grantee to obtain such approval, if necessary, provided that <br />Grantor shall not incur any expenses associated therewith. <br />RESERVING unto Grantor, its successors and assigns _ a perpetual non-exclusive <br />easement on over, and across the Property to access the improved public right of way. <br />ALSO RESERVING unto Grantor any water rights or rights to the use of water whether <br />appurtenant to the Property or not in which Grantor may have an interest. Grantor does not <br />intend by this deed to transfer any water rights or rights to the use of water and it is Grantor's <br />intent that this conveyance shall not transfer any water rights or rights to the use of water by <br />implication. The Grantor specifically reserves, excepts and retains Mineral Rights. For purposes <br />of this instrument, "Mineral Rights" include, whether on, in or under the premises, all of the <br />following --minerals, whether common or precious; coal; carbons; hydrocarbons; oil; gas; <br />petroleum; chemical elements and substances whether in solid, liquid or gaseous form; and steam <br />and all sources of geothermal energy. In the event all or part of the Mineral Rights have been <br />reserved or severed previously from the surface estate, grantor hereby reserves, excepts and <br />retains all of the Mineral Rights not previously reserved and reserves, excepts and retains its <br />after-acquired title to all of the Mineral Rights to the extent that prior reservations thereof are <br />released or abandoned after the date of this conveyance. <br />THIS CONVEYANCE IS SUBJECT TO: (i) any state of facts which an accurate survey <br />or physical inspection of the Property might show, (ii) all zoning regulations, restrictions, rules <br />and ordinances, building restrictions and other laws and regulations now in effect or hereafter <br />adopted by any governmental authority having jurisdiction, and (iii) current taxes, reservations, <br />easements, rights-of-way, covenants, conditions, restrictions, encroachments, liens, and <br />encumbrances, and all other matters of record or enforceable at law or in equity. <br />1061385 <br />