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Other thAn the John Rose Minnesota Oval Speedskat ing <br />Facility, Grantor, its heirs, successors and assigns, w'i l l not <br />erect, construct, or create any building, improvement, <br />obstruction or structure of any kind, either above or below the <br />surface, or st ockpli le soils, construction debri s9 or construction <br />equipment, or change the grade thereof, without the express <br />written permission of the Grantees <br />Notwithstanding the aforementioned provision, the following <br />improvements by Grantor, its heirs, successors, and assigns do <br />not require Crante0 s written approval: fences, parking lots, <br />street and/or roadways, landscaping, ushe s, shrubs e, However, <br />Grantor hereby agrees that Grantee will not be responsible for <br />and will not pay for the loss of or any damage to, or replace or <br />restore the following items w i th in� the easement area. trees, <br />shrubs, bushes or other pY ant ing s, other than grass or sod, <br />fences. <br />Grantor covenants that it is, the Owner and is in possession <br />of the above described premises and has lawful right and <br />authority to convey and grant the easement described herein. <br />IN WITNESS WHEREOF, the said Grantor has caused this <br />Easement to be executed as of the date noted above. <br />By <br />Its <br />By <br />Its <br />__ <br />