Fill and Sign the Easement Maintenance Form

INGRESS AND EGRESS EASEMENT AND MAINTENANCE AGREEMENT THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF                              § This Agreement is entered to be effective                               , 20       by and between                                           ("GRANTOR" herein) and                                           ("GRANTEE" herein). WITNESSETH:                                     WHEREAS, GRANTOR is the owner of property described as:                                                                                                                                                                                                                                                                                                                                                                         WHEREAS, GRANTEE is the owner of property described as:                                                                                                                                                                                                                                                                                                                                                                         WHEREAS, GRANTOR and GRANTEE are desirous of creating and maintaining an area for easement purposes, under certain terms and conditions (referred to herein as "Easement") being more particularly described and located as:                                                                                                                                                                                                                                                                               INGRESS AND EGRESS EASEMENT AND MAINTENANCE AGREEMENT 1                                                                                           WHEREAS, the GRANTOR and GRANTEE wish to reduce to writing such terms, conditions, and agreements pertaining to the Easement; NOW THEREFORE, for and in consideration of             Dollars ($       ) and other good and valuable consideration, in hand paid by GRANTEE, and the above premises, GRANTOR and GRANTEE hereby agree as follows: 1. GRANTOR has GRANTED, SOLD AND CONVEYED, and by these presents does hereby GRANT, SELL and CONVEY unto GRANTEE, a perpetual, free, continuous and uninterrupted use, liberty, privilege and easement to use and enjoy the above described Easement. 2. Neither GRANTOR nor GRANTEE shall erect any improvements or other facilities upon the Easement which may impair the flow of traffic over and across same. 3. GRANTOR hereby grants to GRANTEE the right to permit the GRANTEE, GRANTEE'S invitees, guests, and others of the general public coming on the premises to utilize the Easement, it being the intention of the parties hereto that such persons shall have free access to, upon, and over the Easement for ingress and egress purposes. 4. GRANTEE will maintain the Easement in an all-weather road surface condition until such time (if any) in the future when the Easement is released by written instrument, signed and acknowledged by the then owner(s) of GRANTEE'S property; and any mortgagee then holding a loan secured by GRANTEE'S property. 5. This Easement shall be ONLY for the limited purpose of access, ingress, egress and maintenance to and from GRANTEE'S property. 6. GRANTOR and GRANTEE specifically indemnify and hold harmless any holder of any debt secured by GRANTEE'S property against any and all liabilities or claims or causes of action including attorneys' fees arising from any allegations that the roadway is or was not properly maintained or was otherwise in an unsafe condition. INGRESS AND EGRESS EASEMENT AND MAINTENANCE AGREEMENT 2 7. Said Easement shall bind and inure to the respective benefit of GRANTOR and GRANTEE. As used herein the terms GRANTOR and GRANTEE shall include the present and future owner or owners and mortgagees, their heirs, personal representatives, successors and assigns of GRANTOR'S property and GRANTEE'S property, respectively. 8. This is an easement, not a license. The Easement and right-of-way granted hereby is for the benefit of the GRANTEE'S property and shall be appurtenant to and run with the GRANTEE'S property. 9. It is intended that this Easement shall be construed as being an adequate, legally enforceable road maintenance agreement pursuant to applicable standards of secondary marketing investors in the residential mortgage lending industry. TO HAVE AND TO HOLD the above described Easement forever for the uses, benefits, purposes and burdens herein set forth, the GRANTOR does hereby bind themselves, their heirs, personal representatives, successors and assigns to Warrant and Forever Defend all and singular the said Easement and right-of-way against every person whomsoever lawfully claiming or to claim the same or any part thereof. GRANTOR and GRANTEE have duly executed this Ingress and Egress Easement and Maintenance Agreement effective as of the       day of                         , 20       .                                                                                     (Grantor) (Grantee)                                                                                     (Grantor) (Grantee) STATE OF TEXAS § § COUNTY OF § INGRESS AND EGRESS EASEMENT AND MAINTENANCE AGREEMENT 3 The undersigned                                                       , being the owner and holder of an existing Deed of Trust lien or other lien upon and against the Property as such mortgagee and lienholder, does hereby consent to the grant of said Easement said and to the recording of same. This consent shall not be construed or operate as a release of said Deed of Trust or Lien owned and held by the undersigned, or any part thereof. Executed this       day of                         , 20       . LIENHOLDER: By:                                           Its:                                           INDIVIDUAL ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF                                     § This instrument was acknowledged before me on                         , by                                     .                                                 Notary Public - State of Texas Printed Name of Notary:                               My Commission Expires:                   INGRESS AND EGRESS EASEMENT AND MAINTENANCE AGREEMENT 4 LIENHOLDER ACKNOWLEDGEMENT STATE OF TEXAS § § COUNTY OF                         § This instrument was acknowledged before me on                               , by                               of                                     .                                                 Notary Public - State of Texas Printed Name of Notary:                                                 My Commission Expires:                         AFTER RECORDING, RETURN TO:                                                                                                                                                 INGRESS AND EGRESS EASEMENT AND MAINTENANCE AGREEMENT 5