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(3) The terms,conditions,restrictions and purpose of this EASEMENT shall be referenced in any subsequent deed or other legal <br /> instrument by which the owners divest themselves of any interest in the COVERED LAND. <br /> (4) The HOLDERS shall be notified in writing of the name(s)and address(es)of any party to whom an interest in the COVERED LAND <br /> is granted,conveyed or otherwise transferred,at or prior to the time said transfer is executed. <br /> (5) No provision of this EASEMENT shall be construed as impairing the ability of the owners to use the premises as collateral for any <br /> subsequent loan,provided that any mortgage or lien arising from such a transaction must not be inconsistent with the terms of this <br /> EASEMENT,and must be subordinate to this EASEMENT <br /> K. EASEMENT DOES NOT CREATE PUBLIC ACCESS RIGHT <br /> This EASEMENT AGREEMENT does not give the general public any right of access to any portion of the COVERED LAND,nor does it <br /> limit any right of public access that otherwise exists. <br /> L. EASEMENT DOES NOT LIMIT LANDOWNER RESPONSIBILITIES <br /> Except as specifically provided in this EASEMENT AGREEMENT: <br /> (1) This EASEMENT AGREEMENT does not relieve the GRANTORS,or any subsequent owners,occup ers or users of the COVERED <br /> LAND,from any responsibility or liability which they currently have or may subsequently incur in c nnection with the COVERED <br /> LAND. <br /> (2) The HOLDERS assume no responsibility for the use,management,control,operation,upkeep or maintenance of the COVERED <br /> LAND,and assume no liability for any action or omission related to the use,management,control,operation,upkeep or maintenance <br /> of the COVERED LAND. <br /> M. ENFORCING THE EASEMENT <br /> (1) Any or all of the HOLDERS,or their authorized agents,may do any of the following: <br /> (a) Upon reasonable prior notice and at reasonable times,enter onto the COVERED LAND to moni lor compliance and collect <br /> evidence of noncompliance. <br /> (b) Issue notice of apparent EASEMENT violations to an alleged violator.The notice may include a demand for timely corrective <br /> action.A notice under this subsection is not a prerequisite to court action under sub.(c). <br /> (c) Initiate action in court to enjoin an apparent violation of the EASEMENT The action may include a request for an ex parte <br /> restraining order or temporary injunction,as circumstances may warrant.The court may enjoin the violation,require appropriate <br /> corrective action,award costs,and grant any other relief to which the HOLDERS may be entitled. <br /> (2) No failure on the part of any HOLDER to enforce any term of this EASEMENT shall discharge or invalidate the term or any other <br /> provision of the EASEMENT or affect the rights of the HOLDERS to enforce the EASEMENT in the event of a subsequent breach or <br /> default. <br /> (3) The GRANTORS and HOLDERS acknowledge and agree that the COVERED LAND is in agricultural and open space use as of the <br /> recording of this EASEMENT AGREEMENT GRANTORS and HOLDERS further acknowledge and agree that the condition and use <br /> of the COVERED LAND is documented in various publicly available records and maps,including the 2010 Dane County Land Use. <br /> Inventory and 2010 Dane County Orthophotography. <br /> N. AMENDING THE EASEMENT <br /> (1) The terms of the EASEMENT may be amended with the written consent of all of the HOLDERS and all of the persons who own the <br /> COVERED LAND at the time of the amendment.An amendment under this subsection does not inc de an amendment that <br /> extinguishes the EASEMENT. <br /> (2) The HOLDERS may give their consent under sub.(1)only if the amendment is consistent with the purpose of the EASEMENT,does <br /> not affect the perpetual duration of the Easement and does not materially weaken the EASEMENT to the detriment of the HOLDERS. <br /> Page 5 of 9 <br />