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Item 7BH 1 l � EASEMENT AGREEMENT This Easement Agreement (this "Agreement ") is made and entered into by and between Jay Wasserman. and Christina Wasserman: (collectively herein "Grantor ") and Robert J. Gray and Sara J. Gray (collectively herein "Grantee "). This Agreement is also approved, consented and subordinated to and otherwise acknowledged by Distinctive Mortgage, Ltd., a Texas limited partnership and Mortgage Electronic Registration Systems, Inc. as Nominee for Distinctive Mortgage (herein "Grantor's Lender ") through Aurora Loan Services, 601 Fifth Avenue, P.O. Box 1706, Scottsbluff, NE 69363 -1706, servicer. RECITALS A. Grantor is the owner of the real property described on Exhibit "A" attached hereto (herein "Grantor's Land "), B, Grantee is the owner of the real property described on Exhibit "B" hereto (herein "Grantee's Property "). C. Grantee's Property is located adjacent to and immediately north of Grantor's Land as reflected on the plat attached hereto as Exhibit "C" D, Grantor's Land is currently encumbered by that certain ingress and egress easement benefiting Grantee's Property (the "Existing Easement ") as expressly granted in: (i) that certain warranty deed dated June 20,1997 from Mary L. Arnold and Elmer Youngblood to Joseph M. Reilly and Nanette M. Reilly recorded in Volume 12827 Page 330 and Instrument D197122020 Real Property Records, Tarrant County, Texas; (ii) as conveyed to Brian A. Crook and Kathleen A.. Crook recorded as Instrument D200242002, Real Property Records, Tarrant County, Texas; and (ii) and conveyed to Grantee in that certain warranty deed dated March 12, 2004, recorded as Instrument D2040 &0711, Real Property Records, Tarrant County, Texas. E. Grantor's Land was conveyed to Grantor subject to the Existing Easement as stated in the warranty deed dated May 26, 2006 filed for record on July 7, 2006 from Mills Custom Noires, L. P. to Grantor and recorded as Instrument D206205392, Official Public Records, Tarrant County, Texas (the "Deed "). Grantor's Lender's Deed of Trust liens are recorded as: (i) D206205395 and D206205396 recorded on July 7, 2006, Official Public Records, Tarrant County, Texas, and (ii) the vendor's lien reserved for the benefit of Grantor's Lender appears in the Deed (collectively the "Liens "). F. Grantor has requested Grantee to enter into this Agreement so as to relocate the Existing Easement to the eastern boundary area of Grantor's Land as described below in Recital "G" and Grantee is willing to agree to the relocation of the Existing Easement in accordance with all of the terms and conditions herein, G, The parties desire to relocate the Existing Easement to: the eastern -mast twenty (20') feet of Grantor's Land, and provide for a fifteen (15') foot wide concrete entrance approach structure as required by the City of Southlake, Texas from the southern most boundary line of said portion of Grantor's Land. The aforesaid concrete entrance approach has been constructed and approved by the City of Southlake. The parties agree that the new easement shall be located on Grantor's Land as reflected on Exhibit "C" (the "New Easement Tract "). H. Grantor's Lender hereby acknowledges that the release of the Existing Easement will benefit Grantor's Lender and Grantor.. Accordingly, in consideration of Grantee agreeing to relocate the Easement (as defined herein) to the Easement Tract and in accordance with this Agreement, Grantor's Lender hereby agrees that the Lien's are and for all purposes shall always be subordinate, secondary and inferior to the New Easement and the right of the current and all future owners of Grantee's Property. NOW, THEREFORE, for and in consideration of the premises and in further consideration of the mutual benefits and consideration each of the parties has received from the other, the parties agree to this Agreement and hereby agree as follows: I. GRANT OF EASEMENT L New Easement Grantor hereby grants and conveys to the current and all future owners of Grantee's Property an exclusive, perpetual easement for ingress and egress and for the other rights stated herein on, across, over the Easement Tract for all purposes (the "Easement "). Grantee and all subsequent owners of Grantee's Property shall have the right, but not the obligation, to construct a road on the Easement Tract for the use and benefit of Grantee and all subsequent owners of Grantee's Property, . 2. Approvals/Improvements /Additional Obligations, etc In further consideration of this Agreement, Grantor covenants and agrees to: (i) have a surveyor stake out the location of the Easement Tract with wooden stakes at least 3' high which shall be no more than 25' part from one another; (ii) pay Grantee 52,000.00 toward reimbursement of Grantee's attorney's fees incurred in connection with this Agreement; (iii) reimburse Grantee for all actual costs incurred to obtain a partial release from Grantee's lien holder; (iv) Grantor's payment of any outstanding or future assessment by any governmental entity related to the easement; and (v) the payment of all County Clerk recording fees related to this Agreement or otherwise described herein. Grantee shall have the right, but not the obligation, to install gates at the north and south ends of the Easement Tract and to place locks on such gates. The easements granted herein are solely for the benefit of the current and all future owners of Grantee's Property, their respective employees, tenants, licensees, invitees, agents, representatives, independent contractors, successors and assigns, is private and is not intended to grant any rights to the public. The owners of Grantee's Property are expressly authorized to block access to third parties so as to prevent the Easement from becoming a right- of-way by prescription or otherwise. The failure of Grantee to exercise such right will not be deemed a grant of rights to the public or any other third parties. 3. No Abandonment of Utility Easement Under no circumstances shall the owner of Grantor's Land ever abandon or attempt to abandon the existing five (5') foot utility easement which is currently Iocated along the eastern boundary line of Grantor's Land without the prior written consent of the then existing owner of Grantee's Property. 4. O_bstrpctions/Drainape No activities will be conducted on Grantor's Land which will in any way create an obstruction, blockade, or otherwise hinder, inhibit or prevent the Easement Tract from being available at all times for ingress and egress to and from Grantee's Property. Activities or future construction or development on Grantor's Land shall be performed in such a manner as to 2 prevent surface water runoff from coming upon the Easement Tract. If either; (a) the aforesaid concrete approach serving the Easement along W. Highland Drive requires maintenance or replacement, or (b) any portion of the Easement becomes unusable or is no longer safe due to surface water run off from Grantor's Land, erosion due to such surface water run off, soil condition, water springs, septic activity, etc., them the owner of Grantor's Land shall within 30 days of written notice from the owner of Grantee's Property: (i) pay for the necessary repairs or correction of the problem; or (ii) reimburse Grantee for all costs incurred to correct such problem. Otherwise, all repair and maintenance expenses related to the Easement Tract shall be borne by the owner of Grantee's Property, S. Lender's Consent, Subordination As described in the Recitals to this Agreement, Grantor's Lender is the owner and holder of the Liens, For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of Grantee allowing for the Existing Easement to be relocated to the Easement Tract, Lender hereby: (i) consents to Grantor's conveyance of the Easement; and (ii) acknowledges that Lender's rights concerning the Liens on Easement Tract shall be subordinate, secondary and inferior to the Easement and all rights granted herein by Grantor to the owners of Grantee's Property.. f►. Covenants Running With Land The Easement and covenants created herein and the covenants, rights, privileges, benefits, obligations and liabilities created hereunder shall run with the Iand and shall burden the Easerent Tract and the remainder of Grantor's Land and shall be binding upon Grantor, their legal representatives, tenants, employees, successors and assigns and all future owners of Grantor's Land. 11. CONDITIONED TERMINATION OF PREVIOUS EASEMENT For and in consideration of: the Easement conveyed herein by Grantor to the owners of Grantee's Property; the subordination of the Lien by Grantor's Lender's and the other covenants from Grantor to Grantee; the complete execution and recordation of this Agreement; and Grantee's receipt of all of the payments described above in Article I, Section 2; all necessary consents, approvals, permits from governmental authorities and performance of Grantor's covenants as itemized in Article 1, Section 2 above, Grantee agrees to quitclaim, terminate, abandoned, or otherwise convey to Grantor all rights concerning the Existing Easement in such a manner as to terminate such Existing Easement; provided however, Grantee shall not, under any circumstance, be deemed to have waived, terminated or otherwise effected the Easement granted herein and the other rights and obligations of the parties as stated in this Agreement.. III. MISCELLANEOUS 1. No Waiver Failure on the part of either party to complain of any action or inaction on the part of the other party no matter how long the same may continue shall not be deemed to be the waiver of any such party's rights hereunder. Furthermore, it is covenanted and agreed that no waiver at any time of the provisions hereof by either party shall be construed as a waiver of any of the other provisions hereof and that a waiver at any time of any of the provisions hereof shall not be construed at any subsequent time as a waiver of the same provisions, The approval of either party to or for any action by the other party requiring that party's consent or approval shall not be deemed to waive or render unnecessary the party's consent or approval to or of any subsequent similar act by the other party. party's consent or approval shall not be deemed to waive or render unnecessary the party's consent or approval to or of any subsequent similar act by the other party. 2. Arnendments/Modifications This Agreement may not be modified, terminated or amended except by written agreement signed by the parties or their successors in title and recorded in the real property records of Tarrant County, Texas. 3. No Partnership Nothing contained in this Agreement shall be construed to make the parties hereto partners or joint venturers or to render either of said parties liable for the debts or obligations of the other. 4. Partial Invalidity If any term, provision or condition contained in this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each and every other term., provision or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 5. Captions The captions of the paragraphs of this Agreement are for convenience only and shall not be construed or referred to in resolving questions of interpretations or conditions. 6. Counterparts This Agreement may be executed in two or more counterparts, and it shall not be necessary that any one counterpart be executed by all of the parties hereto. Each fully or partially executed counterpart shall be deemed an original, but all such counterparts taken together shall constitute but one and the same instrument. 7. Successors and Assigns. The terms of this Agreement shall be binding upon and shall inure to the benefit of Grantor and Grantee and their respective successors and assigns. SIGNED effective this } 0 - day of MZ"i _ _ 2007 GRANTOWS LENDER: Mortgage Electronic Registration Systems, Inc. as Nominee for Distinctive Mortgage By: Printed Name: Its: C: h r; s-jth a party's consent or approval shall not be deemed to waive or render unnecessary the party's consent or approval to or of any subsequent similar act by the other party. 2. Amendments/Modifications This Agreement may not be modified, terminated or amended except by written agreement signed by the parties or their successors in title and recorded in the real property records of Tarrant County, Texas. 3. No Partnership Nothing contained in this Agreement shall be construed to make the parties hereto partners or joint venturers or to render either of said parties liable for the debts or obligations of the other. 4, Pnrtiai Invalidity. If any term, provision or condition contained in this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each and every other terror, provision or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. S. Captions The captions of the paragraphs of this Agreement are for convenience only and shall not be construed or referred to in resolving questions of interpretations or conditions. 6. Counterparts This Agreement may be executed in two or more counterparts, and it shall not be necessary that any one counterpart be executed by all of the parties hereto. Each (ally or partially executed counterpart shall be deemed an original, but all such counterparts taken together shall constitute but one and the same instrument. 7. Successors and Assip_ns The terms of this Agreement shall be binding upon and shall inure to the benefit of Grantor and Grantee and their respective successors and assigns. SIGNED effective this ._.1 '� day of M " , 2007. GRANTOR'S LENDER; Mortgage Electronic Registration Systems, Inc, ns Nominee for Distinctive Mortgage By �Aa Printed Name: �L�� �. 1' :•�r�/ _ `F'� �� ••�� Its. 4 nrnsuusswN Cht 1s 0 ou 06/ 11:50 FAX 81731 K zLG= LnW OFFICE GRANTOR'S LENDER.: Di9ductiive Mortgage, lA d, a Texas limited paxtctersbip By: Distinctive GB, LLC, gencr4lpwtner By: Daryl g Homes, Inc., v ,WmapgeT and solo member By: z Narne: Its: Spa 3. Gray / GRANTEE'S LENDER Sank of America N.A. BT.. Name: Its: .� THE STATE OF TEXAS § COUNTY OF — L o III o _ § 0 007 i iris ent was acknowledged efore me an &is �._ d ay of � � ��iP _ -- � 2007 by � r � of Marling Homes, Inc., sole manager and sole member ofDistiactive GP, LLC, gmeral partner of DW=dve Mortgage, Ltd, a Texas limited partnership, on behalf of said � sr ;,'• ;,�t, <� „�; NNE RI.ACK6Uf:f3 S - -- _ � otuy ,i ty ub C NoO nl f S7'i "•, Jr- r tl � f 1ex5 S l� c" tuto of Tex MV (.�u[nini;:r4Ui'1 GX(3i1C ,l THE SME OF NEW YORK § COUNTY OF § This mstn ment was wk nowledgel before me on this __-- day of _ _ , 2007 by _ of Bank ofAmmica N.A. a on behalf of said Notary Public -- State of New York J"UN -08 -2007 10 :47AM FAX :8173100999 ID:DARLINC HOMES PAGE:007 R=95% GRANT'OR'S LENDER: Distinctive Mortgage, Ltd, a Texas limited partnership By: Distinctive GP, LLC, general partner By: :Darling Homes, Inc. sole manager and sole member Name: Its: President GRAN EE: I t I G _ Robert 1. y ara J. C;r y t GRANTEE'S LENDER: Bank o' erica. N. By: _ . )q QAM Name: 9 ' Its: AwM" Viea THE STATE OF TEXAS r)&w i�. orb' § COUNTY OF This instrument was acknowledged before me on tHs day of , 2007 by of Darling Homes, Inc., sole manager and sole member of Distinctive GP, LLC, general partner of Distinctive Mortgage, Ltd, a Texas limited partnership, on behalf of said limited partnership. Notary Public - State of Texas THE STATE OF NEW YORK § COUNTY OF �'� § `}R" This instrument was acknowledged before me on this day of J _ , 2007 by (Ina v X) of Bank of America N A. a on behalf of said I - 0n 7 y n n Notary Public - State of York Low WSVTMS. REG 0 (n NA508M f ot Hew *k Vy � 17 , o0 THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this ) l "- day of by Jay Wasserman and Cristina Wasserman. .`uti0 Nlou DEBBIE MEI,SON Q tll]iiG State ofT as s: % Notary Public, State of Texas y Arty Commission Expires ,,� Jortuaty 27, 2006 THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this Z J day of _ Ja y ---. - - ,2007 by Robert J. Gray and Sara J. Gray. Not lie — State of Texas THE STATE OF C{3UNTY OF _ a�?��Jr'I This instrument was acknowledged before me on this zs day of , 2007 by � �_ �r S j J 6r �j of Mortgage Electronic Registration Systems, Inc, as Nominee for Distinctive Mortgage, on behalf of said corporation. z+r � Notary is — State of EX11113IT "A" Legal Description of Grantor's Land Lot 1, 13lock 1, ARNOLD ESTATES, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 387, Map/Plat Records, Tarrant County, Texas. SAVE AND EXCEPT a portion of Lot 1, Block 1, ARNOLD ESTATES, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded on Slide 387, Cabinet A, in the Tarrant County flat Records and being a portion of a tract as recorded on Page 281 of Volume 6008 in the Tarrant County Deed Records and being more particularly described as follows: BEGINNING at a found '/2 inch iron rod at the Northeast corner of said Lot 1 and being the Northwest corner of a 5.0 acre tract as recorded in Page 861 of Volume 643:3 in the Tarrant County Deed Records and being by deed South a distance of 7125 varas, West a distance of 475 varas, and S 89 degrees 32 minutes W, a distance of 462..3 feet from the Northeast corner of the T. M. Hood Survey, A -706, Tarrant County, Texas; THENCE S 0 degrees 19 minutes 04 seconds E along the East line of said Lot 1 a distance of 251.98 feet to a set 518 inch iron rod; THENCE S 89 degrees 32 minutes W a distance of 345,49 feet to a set 518 inch iron rod in the West line of said Lot 1; THENCE N 02 degrees 26 minutes W along the west line of said Lot I a distance of 251.98 feet to a found 518 inch iron rod at the Northwest corner of said Lot 1; THENCE N 89 degrees 32 minutes E along the North line of said Lot 1 a distance of 34b.0 feet to the PLACE OF BEGINNING, and containing 2.00 acres or 87,121 square feet of land. M EXXHIBIT "B" Legal Description of Grantee's Property Tract 1 Being Lot 2- B -2 --A, Block 1, of BURNETT ACRES ADDITION, an Addition to the City of Southlake, Tarrant County, Texas, according to the Plat thereof recorded in Volume 388 -171, Page 71, of the Plat Records of Tarrant County, Texas. Tract 2 Being a portion of Lot 1, Block 1, ARNOLD ESTATES, an Addition to the City of Southlake, Tarrant County, Texas according to plat recorded in Cabinet A, Slide 387, Plat Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a found 518 inch rod at the northeast corner of said Lot 1, said addition; THENCE South 00 degrees 19 minutes 00 seconds East, a distance of 251.98 feet along the east line of said Lot; THENCE South 89 degrees 32 minutes 00 seconds West, a distance of 345.49 feet to a point on the east line of .Lot 2- 13-2 -B, Burnett Acres Addition, from which a found 1 12 inch iron rod bears North 24 degrees, 08 minutes 24 seconds West, a distance of 0.49 of one foot; THENCE North 00 degrees 26 minutes 00 seconds West, a distance of 251.98 feet along the west line of aforesaid Lot 1 to a point from which a found'/ inch iron rod bears North 25 degrees 48 minutes 24 seconds East, a distance of 0,52 of one foot; THENCE North 89 degrees 32 minutes 00 seconds East, a distance of 346.00 feet along the north line of said Lot 1, to the Point of Beginning and containing 87,121 square feet or 2.000 acres of land, Together with the following ingress and egress easement: Centerline of a 20 foot ingress and egress easement in Iaot 1, Block 1, ARNOLD ESTATES, an addition to the city of Southlake, Tarrant County, Texas, according to the plat recorded I Cabinet A, Slide 387, Plat Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING in the north line of W. Highland Road and being by deed call South 89 degrees 32 minutes 00 seconds West, a distance of 244.93 feet from the southeast corner of said Lot 1; THENCE North 09 degrees 00 minutes 00 seconds East, a distance of 171.13 feet; THENCE North 23 degrees 00 minutes 00 seconds East, a distance of 82.00 feet; THENCE North 02 degrees 00 minutes 00 seconds West, a distance of 130.75 feet to the south line of a 2.00 acre tract.. M M EXHIBIT "G" Plat Reflecting Location of Grantor's Land, ��-- Grantee's Property, and the Easement Tract 11PV•v6F I ltsv.es.�re i I 's w o� t r d Q 11W114 11G9'P6F _ , ry rN i � MR & MRS ROBERT J GRAY 1275 SHADY OAKS DRIVE SOUTHLAKE TX 76092 Submitter: RICHARD M KILGORE SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD PORT WORTH:, TX 76196 -0401 DO NOT DESTROY MRNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For R gistretlon: 0810712007 02:31 PM In meet #: D207276762 A 13 PCsS $60.00 1 lllllllllll (llll IIII 11111(llll lull 11111 VIII Ilil11111 IIII 0207276762 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Wuest Number 198017 Requaled [3y CITY 1OF SCOCITIHILAKE AL 991130007 MRS PPVP un a P r 1 n t at ,, O9,;l3f23 12 PM Cr"-.nhfJccj Apyl P4 Co