Fill and Sign the Striking the Delicate Balance between Easement Form

Page 1 of 3 AMENDMENT OF EASEMENT(Communications System) STATE: COUNTY: EFFECTIVE DATE: _____ (the “Company”), is the present owner of the communications system right of way and easement or easements identified and described in Part I. of Exhibit “A” att ached and incorporated into this Amendment by reference for all relevant purposes (the “Primary Easement”). The undersigned party or parties (other than the “Company”) (the “Landowner”) whether one or more (who represents that he/she is the owner, subject to the Primary Easement, of al l or a portion of the land affected by the deed or deeds identified in Part II. of Exhibit "A,” referred to as the “Landowner’s Deed,” whether one or more), has requested the Company amend the Primary Easement insofar only as it affects the tract of land described in the Landowner’s Deed. Company is willing to do so subject to the terms and provisions of this Amendment. In consideration of the premises and 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 particulars set forth below. 1. From and after the Effective Date, all of the Company’s communications system s and other incidental equipment and facilities, previously or later laid and constructed by authority of the Primary Easement, shall be confined within the strip of land particularly describe d 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, and remove comm unications systems (without limitation as to number or time of construction) with all incidental equipm ent, on, over, and through the Defined Easement, together with the rights of ingress and egress over and ac ross 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 right of way and easement subject to the following covenants and agreements between the parties: a. Company shall have the right, during any period of time when a communications system is being laid, constructed, replaced, repaired, changed, or removed, to use those portions 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 Page 2 of 3 (referred to as the “Temporary Working Space”), the strip or strips described as to location and width in Part IV. of Exhibit “A.” b. The Company shall have the right at any time, and from time to time, to remove from the Defined Easement, any trees, and all or part of structures, fixtures, improvements, personal property, which may obstruct or obscure the Defined Easement, or which may cause increased risks to persons or property, or which may interfere in any way with the use, operation, maintenance, repair, or replacement of the communications systems, or with the maintenance or inspection of the Defined Easement. c. The 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 of any structure, house, building, pavement, parking lot, storage area, any permanent improvement or any similar use, except as otherwise provided, it being the intention of the parties that the Company shall have an unobstructed and unobscured easement on, over, and across the Defined Easement. Landowner shall, however, 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 but shall reimburse the Company for any expenses which may be incurred by the Company in making any alterations, modifications, or relocations of the communications systems or incidental equipment located within the Defined Easement which may, in the 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 with this Amendment, is amended so that the rights and obligations of the parties 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 Landowner’s Deed; and, (2) be locate d in such manner that all of the Company’s presently existing communications systems (if more than one) will be within its boundaries. To this end it is understood and agreed that, i n the event it should ever be determined that either of the boundary lines have not been properly loc ated, or Page 3 of 3 that there is a conflict between calls for the boundary lines or for the existing communications systems and calls for other objects or monuments, or calls for course or distance in the description of the Defined Easement, the call for the communications systems or boundary line shall prevail over any call in conflict, and if necessary, the Defined Easement shall be extended in length and/or adjusted as to location in order that the intention of the parti es will be carried out. The provisions of this Amendment shall extend to, be binding on, and inure to the benefit of the parties and their respective successors and assigns. Company Landowner (Acknowledgments) Exhibit “A”: Part I. Part II. Part III. Part IV.