Fill and Sign the Montana Easement 497316471 Form

PIPELINE EASEMENT KNOW ALL MEN BY THESE PRESENTS: That                               Center,                         , MT       hereinafter referred to in the singular as “Grantor” for and in consideration of the sum of             Dollars ($       ) and other valuable considerations, does hereby grant, convey and warrant unto                                                 having its’ principal operational office at                                           ,             , hereinafter referred to in the singular as the “Grantee”, and to its’ successors and assigns, the exclusive right, privilege and easement to survey, construct, maintain and operate a natural gas pipeline and appurtenances thereto on, over, under, across and through a strip or strips of land as shown on Exhibit(s) “A” attached hereto and made a part hereof, said strip and/or strips being described as follows: CENTERLINE DESCRIPTION DESCRIBED IN SURVEYOR’S PLAT (Section       of Township                   North, Range       East, MPM,                               , Montana), ATTACHED HERETO AND MADE A PART HEREOF. (This Easement includes the right to install a meter station as well as the pipeline) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ TO HAVE AND TO HOLD unto said Grantee, its’ successors and assigns, together with the right of ingress and egress from said land, for the purpose of constructing, operating, inspecting, repairing, maintaining, and replacing, re-sizing, or removing the property of the Grantee located thereon, in whole or in part, at the will of the Grantee; it being the intention of the parties hereto that the Grantor shall have the right to construct water, utility or other lines upon and under the easement strips herein granted, provided, however, that Grantor shall not construct or permit to be constructed anything upon the easement strip which would interfere with the Grantee’s exercise of the rights hereby created. IT IS FURTHER AGREE D , as follows: (1) That the Grantee will bury all line pipe to a sufficient depth so as not to interfere with the ordinary use and cultivation of the soil by the Grantor. (2) That the Grantee will pay for any damages to Grantor’s growing crops, grasses, trees, shrubbery, fences, buildings, flowing waters, springs, reservoirs, or livestock, caused directly or indirectly by the construction, maintenance, operation or removal of Grantee’s facilities, said damages to growing crops and grasses to be determined by the mutual agreement of the Grantee and the Grantor. Provided, however, that the Grantee shall have the right from time to time to cut or clear trees, brush and other obstructions on said right- of-way that might interfere with the operation or maintenance of Grantee’s facilities. (3) That Grantee will restore the surface to its’ original contour as nearly as practical, including the moving or burying of all newly exposed rocks, all to the reasonable satisfaction of the Grantor, and will replace or rebuild to the reasonable satisfaction of the 1 Grantor, or of its’ representative, any and all damaged fences and parts of all drainage or irrigation systems; the damage to which will be occasioned by the construction, maintenance, operators or removal of said pipeline under and through the above described lands. (4) That in the event Grantor suffers a crop deficiency within two (2) years after completion of construction of said pipeline, its’ operation, maintenance or removal upon the easement herein granted, as compared to crops adjacent to or in close proximity with said easement, Grantee agrees to pay for any such crop deficiency occasioned by Grantee’s construction, operation, maintenance or removal activities as determined by evidence provided by Grantor; provided that Grantor notified Grantee in writing at least thirty (30) days prior to harvest, in order that the grantee may view and verify the condition of the growing crops. (5) That the balance of the consideration due from Grantee to grantor, if any, as provided for in Paragraph 2 above, shall be paid when the Grantee’s pipeline is constructed, and upon demand by the Grantor. (6) That in the event Grantee ceases to use all or any part of the easement for the purposes herein granted for a period of two (2) years, all right to all of that part not used for a period of two (2) years, shall revert to the Grantor; provided Grantee shall have a reasonable time after said two (2) years to remove Grantee’s facilities and restore the surface. (7) That the right of ingress and egress granted herein is limited to the above described easement and does not include the right of ingress and egress to any part of Grantor’s other lands. Upon commencing construction, repair, maintenance or removal of said pipeline, Grantor shall be given reasonable notice, either oral or written, when the initial entry shall be made. (8) That this instrument may be executed in counterparts, and that Grantor shall receive payment hereunder in such proportion as to its’ respective interest bears to the fee simple title. (9) That the rights of the Grantee may be assigned in whole or in part. (10) That this instrument, and the covenants and agreements herein contained shall inure to the benefit of and be binding and obligatory upon the heirs, executors, administrators, successors and assigns of the parties hereto. DATED this       day of                         , 20       . GRANTEE:                                           . c/o                                           2 By:                                     Chairman ACKNOWLEDGMENT STATE OF Montana ) ss. County of                               ) This instrument was acknowledged before me on                               ,2003 by                                           [Name(s) of Person(s)] as                                     [Type of Authority, e.g., officer, trustee, partner, attorney-in-fact] of                                     .                                     (Signature)                                     (Printed Name of Notary) Residing at:                                                                                                             My commission expires:                   3