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4. Amendment or Termination. No amendment, modification or termination of this Grant of <br />Easement shall be effective unless made by written instrument signed by Grantor and Grantee or <br />their respective successors and assigns. <br />5. Run With Title. The Easement and covenants described herein run with title to the Burdened <br />and Benefited Properties and inure to the benefit of and are binding upon all owners of the <br />Burdened and Benefited Properties, their heirs, personal representatives and successors in title. <br />6. Non -Merger. It is the intent of the Grantor that if, at any time, the Burdened Property and the <br />Benefited Property come under common ownership, the Easement created herein shall not merge <br />into any successor owner's ownership. <br />7. Counterparts. This Grant of Easement may be executed in separate counterparts, all of which <br />may subsequently be assembled into one agreement for recording or other purposes. <br />8. Headings. The headings of sections in this Grant of Easement are for convenience only. They <br />form no part of this Grant of Easement and shall not affect its interpretation. All schedules, <br />exhibits, addenda or attachments referred to are incorporated and made a part of this Grant of <br />Easement. <br />9. Integration. This Grant of Easement sets forth the entire agreement of the parties hereto with <br />respect to the subject matter hereof and supersedes all prior negotiations, understandings and <br />agreements, whether written or oral. <br />10. Recording. This Grant of Easement shall be recorded against the title to each of the properties. <br />11. Governing Law. This Grant of Easement shall be governed by and construed under the laws of <br />the State of Minnesota. <br />(Remainder of page intentionally left blank; signature page follows) <br />4 <br />6983738v2 <br />