Fill and Sign the Grant of Communications System Easement to Operate Cable System Indiana Form

GRANT OF COMMUNICATIONS SYSTEM EASEMENT In consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt whereof is hereby acknowledged, the undersigned,                                     (hereinafter collectively with his/her/its successors in interest called "Grantor"), hereby grants, conveys and assigns to                                     , a                   corporation, its associated and allied companies, and its and their successors and assigns (hereinafter called "Grantee"), a permanent easement to operate, maintain (to include aerial patrol), reconstruct, replace and remove its present telecommunications cable system, which system includes, without limitation, underground and/or surface cables, conduits, wires, pipes, ducts, waveguides, surface testing terminals, conduits, manholes, markers, regeneration huts, and other appurtenances (hereinafter collectively called "Telecommunications Cable System"), all where they are presently in place, plus such future additions, upgrades, or expansions to the Telecommunications Cable System that are consistent with present uses and do not increase the burden of the individual parcel without additional compensation upon, across or under a strip of land (hereinafter called "Grantee’s Communications Corridor") sixteen and one-half (16.5) feet wide, the location of which is in the                                     , County of                   , State of             , and described as follows:                                                                                                                                                                                                                                                                                                                                                                       It is understood and agreed that the permanent easement granted herein is subject to all presently existing uses of Grantor’s land whether such uses are by Grantor or others and whether for surface uses, crossings or encroachments by communications companies or utilities, and Grantor shall have the exclusive rights to permit, restrict, maintain or remove such existing uses on the land of the Grantor, including land comprising the Grantee’s Communications Corridor. It is further understood and agreed that Grantee shall not interfere with such reasonable uses of the land of the Grantor, and that Grantor retains the right to grant, convey, assign, and restrict any and all rights on his land that is not part of the Grantee’s Communications Corridor. The permanent easement granted herein, including all rights incidental thereto, shall vest in and belong to Grantee exclusive of any rights or claims of Grantor that are not expressly reserved herein, and Grantor shall have no rights to grant other or additional telecommunications or utility easements of any kind upon, across or under Grantee’s Communications Corridor without the consent of and upon payment of just compensation to Grantee. Grantee shall have the right to grant, convey, and assign to third parties in Grantee’s sole and absolute discretion, and with no further compensation to Grantor, sublicenses, subeasements or other rights (collectively "Subeasement Rights"), provided Grantee’s rights hereunder are limited to grants, conveyances or assignments to use excess capacity within systems and additions that were installed and maintained primarily for Grantee’s own use. In the event that any utility, or any Corridor Entity created pursuant to the Settlement Agreement in                         v.                               , hereafter requests from Grantee a sublicense or subeasement to cross or encroach on Grantee’s Communications Corridor, Grantee shall not unreasonably withhold its consent to the granting of the same; provided that the use and maintenance of the same shall not interfere with or restrict the rights granted, conveyed and assigned to Grantee or the rights retained by Grantor and subject to just compensation to Grantee. The Grantor further grants and conveys to the Grantee the following incidental rights and powers: Temporary rights-of-way and easement to be used during all periods of construction, reconstruction, repair and removal upon so much of a strip of land ten (10) feet wide on each side of side of Grantee’s Communications Corridor as is owned by Grantor. 1 Ingress and egress upon and across the lands of the Grantor to and from said temporary and permanent easement for the purpose of exercising the aforesaid rights, all upon reasonable notice by Grantee. In keeping with environmentally safe and sound practices, the right to clear all trees, roots, brush, vines, overhanging limbs, and other obstructions from the surface and subsurface of the above described permanent easement as are reasonably necessary for the Grantee’s use and operations, and during periods of construction, reconstruction, repair and removal only, the same rights on the surface and subsurface of the above described temporary easement, subject to just compensation to Grantor for damage. The right to install gates in any fence that Grantor may choose to erect across Grantee’s Communications Corridor, provided however that Grantee has no right to erect fences. The Grantor hereby covenants that with the exception of fences in which Grantee has a right to install gates, no excavation, building, structure or obstruction will be constructed, erected, built, or permitted on said permanent easement, and no change will be made by grading or otherwise to the surface or subsurface of Grantee’s Communications Corridor, and that no change will be made by grading or otherwise to the surface or subsurface of the land immediately adjacent to Grantee’s Communications Corridor in such a manner that will interfere with Grantee’s rights herein granted. The Grantor shall have the right to use and enjoy the land hereby encumbered by the above described temporary and permanent easement so long as such use does not interfere with Grantee’s use and enjoyment of such land or the rights herein granted. The Grantee agrees to pay for any damages to fences and growing crops arising from the construction and maintenance of the aforesaid systems; provided, however, that Grantor agrees that from and after the date hereof, Grantor shall not plow or cultivate to a depth greater than fifteen inches on the Grantee’s Communications Corridor, and shall not operate equipment, other than normal farming equipment such as tractors, plows, trucks, combines, balers, pickers, tillers, etc., on or across the Grantee’s Communications Corridor. Prior to commencement of any digging or excavation (other than cultivation or plowing) on or in the immediate vicinity of the Grantee’s easement, Grantor shall notify "Call Before You Dig" at 1-800-252-1133 at least 24 hours prior to such activity. Grantee releases Grantor from any and all damages and liability of any kind, whether past, present or future and whether foreseen or unforeseen, arising directly or indirectly on or from Grantor’s use of Grantee’s Communications Corridor, including any damages to Grantee’s Telecommunications Cable System, except upon proof of Grantor’s negligence, and if such negligence shall be proven then such damages and liability shall be limited to costs of repair and restoration and shall not include consequential damages. Grantor and Grantee shall mutually indemnify, defend and hold harmless each other from any loss, damages, injuries or liability, arising directly or indirectly in whole or part from either party’s actions upon or use of the land encumbered by Grantee’s Communications Corridor. The Grantor represents, warrants, covenants, and agrees that (a) except as to any ownership interest of                         or anyone claiming title through either of them, the Grantor is the fee simple owner of the property and/or has/have the right, power, and authority to grant and convey to Grantee the above described rights and easement; and (b) the Grantor will obtain, in recordable form, from any person currently having a lien, security interest or other interest in the land encumbered by the above described easements, which is senior to the rights of the Grantee granted and conferred hereunder, such person’s consent to the terms and provisions of this grant of easement. Grantor and Grantee expressly acknowledge and agree that this Grant of Communications System Easement sets forth the entire understanding and agreement of Grantor and Grantee with respect to Grantor’s and Grantee’s use, maintenance, and operation of the Communications Corridor on Grantor’s property, and as between Grantor and Grantee, any prior easement, license, or other similar rights with respect to Grantee’s use of Grantor’s property from any source derived is hereby disclaimed and of no further force or effect. 2 The covenants, rights, terms conditions, and provisions herein shall extend to and be binding upon the parties hereto and their respective heirs, executors, administrators, personal representatives, successors, assigns, lessees and agents. Grantor acquired his/her/their right, title and interest in and to the land that is subject to this permanent easement pursuant to instrument dated                         and recorded             as Instrument Number                   , Book             , pages             , in the                   County (Indiana) Recorder’s Office. Signed, sealed and witnessed this             day of             , 20       at                               . I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. _______________________________       (Name of Preparer) WITNESS: GRANTOR:                                                                                           (SEAL)                               (SEAL) Accepted and Agreed to this       day of                   , 20       GRANTEE                         By:                   3