Fill and Sign the Amendment to Easement Form

Page 1 of 3 AMENDMENT TO EASEMENT(Pipeline Easement / Long Form) STATE: COUNTY: EFFECTIVE DATE: _____ (the “Company”), whose address is _____, is the present owner of the pipeline right of way and easement or easements identified and described in Part I. of Exhibit “A” attached to this Amendment (the “Primary Easement”). The undersigned party or parties (collectively the “Landowner”), whether one or more, represent that he/she/they is/are the owner(s), subject to the Primary Easement, of al l or a portion of the land affected by the Primary Easement under and by virtue of the deed or deeds ide ntified in Part II. of Exhibit “A” (the “Landowner’s Deed”), (whether one or more), has requested that the Company amend the Primary Easement insofar only as it affects the tract of la nd described in the Deed(s). Company is willing to do so subject to the terms and provisions of this Amendment. In consideration of the covenants and agreements contained in this Amendment, Company and Landowner have agreed to amend the Primary Easement, ONLY INSOFAR as the Primary Easement affects the land described in the Landowner’s Deed, in the manner se t forth below: 1. From and after the Effective Date of this Amendment, all of the Company’s pipeline s and other incidental equipment and facilities laid and constructed by authority of the Primary Easement shall be confined within the strip of land described in Part III. of Exhibit “A” (the “Defined Easement”).2. In consideration of the benefits to be derived, Company shall have, and is granted by Landowner, without additional monetary consideration, the right of way and easement, from time to time, to lay, construct, maintain, operate, replace, change the siz e of, and remove pipelines (without limitation as to number, size, or time of construction), for the transport ation of oil, gas, water, petroleum products, and any other liquids, gases, or substances (whether or not of a similar nature) which can be transported through a pipeline, with all incidenta l equipment, on, over, and through the Defined Easement, together with the rights of ingress and egress over a nd across Landowner’s adjoining lands for all incidental purposes, and the right of assignment in whole or in part, for as long as the Defined Easement is used for the purposes stated above. 3. The Company shall hold the amended right of way and easements subject to the following covenants and agreements between Company and Landowner: a.Company shall have the right, during any period of time when a pipeline is being laid, constructed, replaced, repaired, changed, or removed, to use those portions Page 2 of 3 of a strip or strips of land, not at that time occupied by substantial improvements, alongside, adjacent to, and on either side of the Defined Easement (the “Temporary Working Space”), the strip or strips being more particularly described as to location and width in Part IV. of Exhibit “A.” b. Company shall have the right at any time, and from time to time, to remove from the Defined Easement, any trees, structures, fixtures, improvements, or personal property of Landowner, which may obstruct or obscure the Defined Easement, which may cause increased risks to persons or property, which may interfere in any way with the use, operation, maintenance, repair, or replacement of the pipelines, or interfere with the maintenance or inspection of the Defined Easement. c. Company shall pay for any damages to growing crops (and to Landowner’s improvements constructed outside the Defined Easement or within it pursuant to paragraph (d.) below) caused by its exercise of rights, but Company shall not be liable for any damages to grass, trees, shrubs, growing ornamentals, or other vegetation (or to improvements constructed in violation of paragraph (d.) below), situated within the Defined Easement d. For so long as the Primary Easement remains in effect, as to the Defined Easement, or any portion of it, Landowner shall not erect, construct, or permit the erection or construction on the Primary Easement, any structure, house, building, pavement, parking lot, storage area, any permanent improvement, or any similar use, except as otherwise provided below, it being the intention of the Landowner that Company shall have an unobstructed and unobscured easement on, over, and across the Defined Easement. Landowner shall have the right to construct streets, sidewalks, driveways, fences, and utility lines across, at an angle of 30 degrees or more, but not along and over the Defined Easement, and shall reimburse Company for any expenses which may be incurred by Company in making any alterations, modifications, or relocations of the pipelines or incidental equipment located within the Defined Easement which may, in Company’s judgment, be necessary as a result of the construction of any such facilities. Nothing in this Amendment shall be construed as releasing any rights or privileges under the Primary Easement insofar as the Primary Easement covers the Defined Easement ; but the Primary Easement, insofar as it relates to the Defined Easement, and insofar as it may be inconsistent and in conflict, is hereby amended so that the rights and obligations of the parties to this Amendment shall be determined under the terms and provisions of this Amendment. The Primary Easement, insofar as it may cover and relate to land other than the land described in the Landowner’s Deed, shall remain in effect in accordance with all of its terms and provisions. It is the intention of both the Company and the Landowner that the Defined Easeme nt shall: (1) extend completely across the land conveyed by the Landowner’s Deed; and, (2) be located in such a manner that all of the Company’s presently existing pipelines (if more than one) will be within its boundaries. To this end it is understood and agreed that, in the event it Page 3 of 3 should ever be determined that either of the boundary lines have not been properly located or that there is a conflict between calls for the boundary lines or for the existing pipeline or pipelines and calls for other objects or monuments or calls for course or distance in the description of the Defined Easement, the call for the pipeline or boundary line shall prevail over any call in conflict, and if necessary, the Defined Easement shall be extended in length a nd/or adjusted as to location in order that the intention of the parties will be carried out. The provisions of this Amendment shall extend to, be binding on, and inure to the benefit of the Company and Landowner, and their respective successors and assigns. This Amendment is executed by Landowner as of the date of the acknowledgment, but shall be deemed effective, for all purposes, as of the Effective Date stated above. Landowner (Acknowledgment) Exhibit “A”: Part I. – Description of Easement(s) Part II. – Description of Landowner’s Deeds Part III. – Description of Defined Easement Part IV. – Description of Temporary Work Space