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05/04/06 14:19 FAX. 60945993t¢ P. COLUMBIA BASIN RR Q009
<br />f, ) 4. If access to and from the Property shall be required by use of Lessor's property adjacent to the
<br />Property, such use is granted on a non-exclusive basis. Lessor shall have the right to designate the location or route
<br />to be used. For the purpose of this Lease, access, whether specifically defined or not, is included under the definition
<br />of Property. Lessee understands and agrees that lessor shall apply all of these terms to any property adjacent to the
<br />Property which Lessee may occupy just as though the property lad been specifically described herein.
<br />5. LESSOR DOES NOT WARRANT ITS TITLE'TO THE Property NOR UNDERTAKE TO DEFEND
<br />LESSEE IN TEE PEACEABLE POSSESSION OR USE 'THEREOF. NO COVENANT OF QUIET ENJOYMENT
<br />IS MADLY. This Lease is made subject to all outstanding rights or interests of others. If the Property is subsequently
<br />found to be subject to prior claim, this Lease shall terminate lmmediately on notice to -that affect from Lessor. Lessee
<br />accepts this Lease subject to that possibility.
<br />In case of eviction of Lessee by anyone, other than Lessor, owning or claiming title to or any interest In Property,
<br />Lessor shall not be liable to Lessee for damage of any kind or to refund any rental paid hereunder, except to return
<br />the proportionate part of any rental paid in advance.
<br />6. Lessor:reserves to itself. -and -others, right of access to its 40iningproperty and the right to..eomtruet,
<br />maintain, and operate trackage, fences,• pipelines, signal and communication facilities, telegraph,ephbna; power,
<br />or other transmission lines, or appurtenances or facilities of like -character, upon, over, across, or beneath the
<br />Property. without payment of any sutra for any damage, including damage to growing crops, occasioned thereby. The
<br />foregoing rights, (except the right of access, which is unconditional),• shall not be exercised in a manna- that
<br />unreasonably interferes with Lessee's use of the property.
<br />7- It is understood that Lessee hased the Property and takes it "AS IS, WEERE IS", and "WrM
<br />ALL FAULTS". Lessor Is not obligated by this; to make any changes, removals, or repairs of any kind nor to
<br />construct any fences. Lessee shall use the Property only in the manner described in Section 2 hereof, and shall not
<br />construct or place on the Property an advertising billboards, structures, additions, or Improvements not described
<br />herein, or plant or remove trees and shrubbery, except with express prior written permission of Lessor, and at
<br />Lessee's sole risk and cost.
<br />(
<br />S. (a) In addition to the root, Lessee shall pay all taxes, atl0des, and other charges which may become
<br />due or be levied against the Property, against Lessee, against the business conducted on the ftopetty or against
<br />Improvements placed thereon dating the actual term hereof, even though such taxes, license fees or odter charges
<br />may not become due and payable until after cancellation of this Lease. Lessee agrees to provide Lessor with proof
<br />ofpayment of ad valorem taxes within 30 days following the duo date for such taxes. Failure to provide such notice
<br />wIU cause Lessee to be subject to the default provisions outlined in Paragraph 20 of this Lease. Lessee agrees that
<br />Lessor shall not be required to furnish to Lessee any utilities. If this is a transfer of an existing lease, Lessee must
<br />make arrangements with the present Lessee for payment of any delinquent and current taxes. If such arrangements
<br />are not made, Lesiee agrees to pay all such taxes. If Lessor should make any such payments, lessee shall reimburse
<br />Lessor for all such suras.
<br />(b) Should the Property be subject toecial assessment for public improvements in the amount of
<br />Five Hundred Dollars ($500.00) or less, Lessee shah prompay reimburse Lessor the amount Ila fWL Should the
<br />assessment exceed Five Hundred Dollars ($500.00), the rental herein shall be. increased by twelve (12) percent per
<br />annum of the total.
<br />(c) In case of nonpayment of rental, taxes, or other charges, the same shall, untilpaid, constitute a lien
<br />on any buildings or other property owned by Lessee on the Properly, foreclosable arcordu,g to law. Lessee shall not
<br />remove said buildings or property until said rental, taxes, or otter charges are paid, unless directed to do so by
<br />Lessor.
<br />9. (a) Lessee shall not place, or permit to be placed, any material, structure, pole or other permanent or
<br />temporary obstruction within 8-I2 feet laterally of the center line or within 24 feet vertically from the top of the all
<br />of any track or such greater clearances as may be required by Lessor or Federal Railroad Authority requirements. A
<br />by statute or order or public authority, greater clearances shall be required, Lessee shall strictly comply with such
<br />statute or order.
<br />(b) IF, ON APPLICATION BY LF.SSI3P., EITHER OR BOTH THE LATERAL AND VERTICAI,
<br />CLEARANCES ARE PMUZa $17 TO BE REDUCED BY ORDER OF COMPETENT PUBLIC AUTHORITY, .
<br />LESSEE SHALL STRICTLY COMPLY WITH THE TERMS OF ANY SUCH ORDER, AND MM OM AND
<br />I4OLD HARMLESS LESSOR, REGARDLESS OF ANY NEGUGENCE OF LESSOR, FROM AND AGAINST
<br />�, u,� ANY AND ALL CLAIMS, DEMANDS, EXPENSES, COSTS AND JUDONIENTS ARISING OR GROWING
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