Fill and Sign the Right of Way Easement and Underground Conductor Agreement Mississippi Form

BOOK       PAGE       RIGHT OF WAY EASEMENT AND UNDERGROUND CONDUCTOR AGREEMENT KNOWN ALL MEN BY THESE PRESENTS, That       , (hereinafter called the “Grantor(s)”) of the County of , State of Mississippi, for a good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant to       , a       corporation and to its successor or assigns, (hereinafter called the "Association"), the right to enter upon the lands of the Grantor(s) situated in the County of       , State of Mississippi described as follows:       Together with the right to place underground circuits or cables and pad mount transformers and related electric equipment on that part of the property where underground service is located. Also the right to construct, operate, maintain and rebuild electric distribution lines where necessary to serve any and all facilities on the property of Grantor(s) as described, with conditions.       agrees that it will maintain its lines and equipment as required in accordance with good safety and construction regulations and shall be responsible for their own negligence and the Grantor(s) shall use all due precaution to not disturb or destroy the underground circuits of the Association, provide further that the Grantor(s) shall have the right to use the land in any way not inconsistent with the rights granted. It is mutually agreed that the Grantor(s) is interested in, and in need of adequate electric service in the above needed subdivision and the Association desires to supply the described area with such electric service and as a condition to securing and furnishing such electric service the following conditions are agreed to by both Grantor(s) and Association: 1. The Association agrees to furnish all necessary circuits, conductors, wire, transformers, and other related material, all installed for a complete distribution wider ground system, not to include the secondary service to residences, or places of business, for a contribution of $       per lot, to be paid to the Association by the Grantor. Also, the Association agrees to do, or have done at no cost to the Grantor, all necessary trenching and back fitting for placing of cables and circuits underground according to specifications and under the supervision of a representative of the Association. The Grantor(s) will be responsible for the full cost of all necessary road crossing done by the Association or its contractor. In the event that an all electric home is built and approved by the Association’s agents within a two year period the $       per lot contribution will be refunded to Grantor(s) on a per lot basis. 2. The Grantor(s) agrees to prepare, at no cost to the Association, that part of the property where the underground service is to be located to a final grade before the necessary 1 circuits, conductors, wire, transformers and other related material are installed. In the event these materials are relocated due to further grading or excavation by the Grantor(s) or its Contractors, the Grantor(s) will be responsible for the full cost of the relocation of underground facilities. 3. It is further agreed and understood that the Grantor(s) plans to develop the above described property by selling of lots to third parties, and at such time any lot or part of property is sold to any third party       the Grantor(s) will inform said third party as of the following agreements and conditions as a stipulation of receiving electric service from the Association. A. The third party will be charged at the rate of $       per foot for underground service wire in excess of 100 feet as being defined as the distance from the transformer to meter socket or junction box at building location. B. Where service is required by third party to be run under driveways, patio, building or other areas covered or to be covered by concrete, the third party will be required to furnish power size conduit for installation in such area. C. In event the conduit of any third party requires greater than 200 ampere service, the Association will furnish and install the necessary metering equipment, provided the third party will furnish and install a weatherproof       box in       of meter socket at building location. D. All trenching and necessary secondary service for third party       , at no cost to the Association, with trenching to be done by third party       , a backfilling company, meeting Association specifications. IN WITNESS WHEREOF: The Grantors have set their hand and seal, the       day of , 20       .             Grantor Grantor WITNESSES:             2 STATE OF MISSISSIPPI COUNTY OF       Personally appeared before me the undersigned authority in and for the above named jurisdiction, the within named       , one of the subscribing witnesses to the foregoing instrument, who by me being first duly sworn, deposeth and sayeth that he/she saw the within named       , and whose names are subscribed thereto, sign and deliver the same to the said       ,       , this affiant, subscribed his/her name as a witness thereto in the presence of the above name Grantors. SWORN TO AND SUBSCRIBED before me, this the       day of , 20       .       Notary Public My Commission Expires       STATE OF MISSISSIPPI COUNTY OF       Personally appeared before me the undersigned authority in and for the above named jurisdiction, the within named       , one of the subscribing witnesses to the foregoing instrument, who by me being first duly sworn, deposeth and sayeth that he/she saw the within named       , and whose names are subscribed thereto, sign and deliver the same to the said       ,       , this affiant, subscribed his/her name as a witness thereto in the presence of the above name Grantors. SWORN TO AND SUBSCRIBED before me, this the       day of , 20       .       Notary Public My Commission Expires       3 STATE OF MISSISSIPPI COUNTY OF       Before me the undersigned authority in and for the above named jurisdiction, this day personally appeared       and       who solemnly acknowledged that they signed and delivered the foregoing instrument at the time and for the purposes therein stated as their act and deed on the day and year therein mentioned. Given under my hand and seal of office, this the       day of       , 20       .       Notary Public My Commission Expires       STATE OF MISSISSIPPI COUNTY OF       Personally appeared before me, the undersigned authority in and for the aforesaid jurisdiction,       , who acknowledged that (s)he is       of       , a       corporation, acknowledged that (s)he signed and delivered the above and foregoing instrument for and on behalf of said corporation as the act and deed of said corporation, (s)he being first duly authorized so to do on the day and year therein mentioned. Given under my hand and seal of office, this the       day of , 20       .       Notary Public My Commission Expires:       4