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• DRAIR"rFIELD AND SEPTIC EASEMENT AGREEMENT / (/ 19 _33 TQ/(J �I C� BETWEEN THE LEWIS AND SHIRLEY KANTHACK TRUST AND REEL 4492 PAGE 108 MILL CITY BAPTIST CHURCH MARION COUNTY BILL BURGESS,COUNTY CLERK AFTER RECORDING RETURN TO 05-20-2021 02:52 pm. Control Number 655800 $ 101.00 /MILL CITY BAPTIST CHURCH i Instrument 2021 00030785 v C/O MARK SMITH PO BOX 334 LYONS,OREGON 97358 SEPTIC AND DRAIN FIELD EASEMENT AGREEMENT THIS AGREEMENT, MADE AND ENTERED INTO THIS 2 4 DAY OF 4 , 2021, BY AND BETWEEN LEWIS D. KANTHACK AND SHIRLEY E. KANTHACK,CO-TRUSTEES OF THE LEWIS AND SHIRLEY KANTHACK TRUST, HEREINAFTER CALLED THE FIRST PARTY,AND MILL CITY BAPTIST CHURCH, HEREINAFTER CALLED THE SECOND PARTY; WITNESSETH: WHEREAS:THE FIRST PARTY IS THE RECORD OWNER OF: THAT CERTAIN LAND AS DESCRIBED AS PARCEL 4, IN DEED RECORDED IN REEL 4258 PAGE 97 IN THE MARION COUNTY DEED RECORDS. AND THE SECOND PARTY IS THE RECORD OWNER OF: THAT CERTAIN LAND AS DESCRIBED BY DEED RECORDED IN REEL 4280 PAGE 152 IN THE MARION COUNTY DEED RECORDS. NOW,THEREFORE, IN VIEW OF THE PREMISES AND IN CONSIDERATION OF$ F BY THE SECOND PARTY TO THE FIRST PARTY PAID AND OTHER VALUABLE CONSIDERATIONS,THE RECEIPT OF ALL OF WHICH HEREBY IS ACKNOWLEDGED BY THE FIRST PARTY,THEY AGREE AS FOLLOWS: THE FIRST PARTY DOES HEREBY GRANT,ASSIGN AND SET OVER TO THE SECOND PARTY A 30.00 FOOT SEPTIC DRAIN FIELD AND SEPTIC EASEMENT OVER AND ACROSS THE PROPERTY DESCRIBED AS FOLLOWS: SEE ATTACHED EXHIBIT"A"AND EXHIBIT"B" THE SECOND PARTY SHALL HAVE ALL RIGHTS OF INGRESS AND EGRESS TO AND FROM SAID REAL ESTATE(INCLUDING THE RIGHT FROM TIME TO TIME, EXCEPT AS HEREINAFTER PROVIDED, TO CUT, TRIM AND REMOVE TREES, BRUSH, OVERHANGING BRANCHES AND OTHER OBSTRUCTIONS) NECESSARY FOR THE SECOND PARTY'S USE, OPERATION AND MAINTENANCE OF THE EASEMENT HEREBY GRANTED AND ALL RIGHTS AND PRIVILEGES INCIDENT THERETO. EXCEPT AS TO THE RIGHTS HEREIN GRANTED,THE FIRST PARTY SHALL HAVE THE FULL USE AND CONTROL OF THE ABOVE DESCRIBED REAL ESTATE. THE SECOND PARTY HEREBY AGREES TO HOLD AND SAVE THE FIRST PARTY HARMLESS FROM ANY AND ALL CLAIMS OF THIRD PARTIES ARISING FROM SECOND PARTY'S USE OF THE RIGHTS HEREIN GRANTED. THE EASEMENT DESCRIBED ABOVE SHALL CONTINUE FOREVER, ALWAYS SUBJECT, HOWEVER, TO THE FOLLOWING SPECIFIC CONDITIONS,RESTRICTIONS AND CONSIDERATIONS: DURING THE EXISTENCE OF THIS EASEMENT, IT'S MAINTENANCE AND THE COST OF SAID MAINTENANCE SHALL BE THE RESPONSIBILITY OF THE SECOND PARTY. THIS AGREEMENT SHALL BIND AND INURE TO THE BENEFIT OF, AS THE CIRCUMSTANCES MAY REQUIRE, NOT ONLY THE IMMEDIATE PARTIES HERETO BUT ALSO THEIR RESPECTIVE HEIRS, EXECUTORS, ADMINISTRATORS AND SUCCESSORS IN INTEREST AS WELL