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Private Use Enjoyment Maintenance Agreement.Filed201800061375 EASEMENT 117 PRIVATE USE, ENJOYMENT, AND MAINTENANCE EASEMENT AGREEMENT Date: March ,:2, 2018 Grantor: JET Financial Group, LLC, a Texas limited liability company Grantor's Mailing` Address: 446 Houston Street, Coppell, Dallas County, Texas 75019 Grantee: JET Financial Group, LLC, a Texas limited liability company Grantee's Mailing Address: 717 South Coppell Street, Coppell, Dallas County, Texas 75019 Dominant Estate Property: A tract of land situated in the City of Coppell, Dallas County, Texas out of the J. A. Survey, Abstract No. 1296 and being all of Lot 1 R, Block A of the Conoboy Addition Replat, an addition to the City of Coppell according to the replat thereof as recorded of even date herewith in the Official Public Records, Dallas County, Texas and depicted on Exhibit "A" attached hereto and made a part hereof. Easement Property: Being the East 8 feet of Lot 2R, Block A of the Replat of the Conoboy Addition, an addition to the City of Coppell, Dallas County, Texas, as depicted on the replat thereof as recorded of even date herewith in the Official Public Records, Dallas County, Texas and depicted on Exhibit "A" attached hereto and made a part hereof. Easement Purpose: For providing Grantee with the private use, enjoyment, and maintenance of the Easement Property and to allow Grantee access to Grantor's property. Consideration: Good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor. Reservations from Conveyance: None. Exceptions to Warranty: None. Grant of Easement: Grantor, for the Consideration and subject to the Reservations from Conveyance and Exceptions to Warranty, grants, sells, and conveys to Grantee and Grantee's heirs, successors, and assigns an easement over, on, and across the Easement Property for the Easement Purpose and for the benefit of the Dominant Estate Property, together with all and singular the rights and appurtenances thereto in any way belonging (collectively, the "Easement"), to have and to hold the Easement to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement in Grantee and Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part thereof, except as to the Reservations from Conveyance and Exceptions to Warranty. Terms and Conditions: The following terms and conditions apply to the Easement granted by this agreement: 1. Character of Easement. The Easement is appurtenant to and runs with all or any portion of the Dominant Estate Property, whether or not the Easement is referenced or described in any conveyance of all or such portion of the Dominant Estate Property. The Easement is nonexclusive and irrevocable. The Easement is for the benefit of Grantee and Grantee's heirs, successors, and assigns who at any time own the Dominant Estate Property or any interest in the Dominant Estate Property (as applicable, the "Holder"). 2. Duration of Easement. The duration of the Easement is perpetual. 3. Reservation of Rights. Grantor reserves for Grantor and Grantor's heirs, successors, and assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes that do not interfere with or interrupt the use or enjoyment of the Easement by Holder for the Easement Purposes. Grantor reserves for Grantor and Grantor's heirs, successors, and assigns the right to use all or part of the Easement in conjunction with Holder and the right to convey to others the right to use all or part of the Easement in conjunction with Holder, as long as such further conveyance is subject to the terms of this agreement and the other users agree to bear a proportionate part of the costs of improving and maintaining the Easement. 4. Secondary Easement. Holder has the right (the "Secondary Easement") to use as much of the surface of the property that is adjacent to the Easement Property ("Adjacent Property") as may be reasonably necessary and suited for providing Grantee with the private use, enjoyment, and maintenance of the Easement Property and to allow Grantee access to Grantor's property and for the Easement Purpose within the Easement Property. However, Holder must promptly restore the Adjacent Property to its previous physical condition if changed by use of the rights granted by this Secondary Easement. 5. Improvement and Maintenance of Easement Property. Improvement and maintenance of the Easement Property will be at the sole expense of Holder. Holder has the right to eliminate any encroachments into the Easement Property. Holder must maintain the Easement Property in a neat and clean condition. Holder has the right to remove or relocate any fences within the Easement Property or along or near its boundary lines if reasonably necessary to access, maintain, replace, or remove other improvements to continue onto other lands or easements owned by Holder and adjacent to the Easement Property, subject to replacement of the fences to their original condition on the completion of the work. On written request by Holder, the owners of the Easement Property will execute or join in the execution of easements for sewer, drainage, or utility facilities under or across the Easement Property. 6. Equitable Rights of Enforcement. This Easement may be enforced by restraining orders and injunctions (temporary or permanent) prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference, without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the parties to or those benefited by this agreement; provided, however, that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. e 7. Attorney's Fees. If any parry retains an attorney to enforce this agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 8. Binding Effect. This agreement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. 9. Choice of Law. This agreement will be construed under the laws of the state of Texas, without regard to choice -of -law rules of any jurisdiction. Venue is in the county or counties in which the Easement Property is located. 10. Counterparts. This agreement may be executed in any number of counterparts with the same effect as if all signatory parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. 11. Waiver of Default. It is not a waiver of or consent to default if the nondefaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this agreement does not preclude pursuit of other remedies in this agreement or provided by law. 12. Further Assurances. Each signatory party agrees to execute and deliver any additional documents and instruments and to perform any additional acts necessary or - appropriate to perform the terms, provisions, and conditions of this agreement and all transactions contemplated by this agreement. 13. Indemnity. Each party agrees to indemnify, defend, and hold harmless the other party from any loss, attorney's fees, expenses, or claims attributable to breach or default of any provision of this agreement by the indemnifying party. 14. Integration. This agreement contains the complete agreement of the parties and cannot be varied except by written agreement of the parties. The parties agree that there are no oral agreements, representations, or warranties that are not expressly set forth in this agreement. 15. Legal Construction. If any provision in this agreement is for any reason unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceability will not affect any other provision hereof, and this agreement will be construed as if the unenforceable provision had never been a part of the agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Article and section headings in this agreement are for reference only and are not intended to restrict or define the text of any section. This agreement will not be construed more or less favorably between the parties by reason of authorship or origin of language. 16. Notices. Any notice required or permitted under this agreement must be in writing. Any notice required by this agreement will be deemed to be delivered (whether actually ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned Notary Public, personally appeared Lynne Marie Pence, in her capacity as President of JET Financial Group, LLC, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this �� day of March, 2018. 'Pain - - Notary Public, State of Texas �o PATRICE q JACKSON Nmiry Public *®* STATE OF TEXAS °S r My Comm Ex^ 12-24-19 'hof Notary 10 if 13047860-5 I W I �� PART OF J.A. SIMMONS SURVEY, ABSTRACT No. 1296 co JON BROOKS INSTR. No. 201100064540 o O. P. R. D. C. T. ZONED 7/ Is 8 FOOT 12'X42' (504 SQ. FT.) PRIVATE USE, PRIVATE ENJOYMENT, AND MAINTENANCE �I MUTUAL ACCESS EASEMENT �I EASEMENT I.R.F. CAPPED (REF) BEARING N-0.83' S90'00'00"EN145.00' 42.0' 97.0' I 15' ALLEY R.O.W. 1-15• I I.R.S. 55.10' 1 ----- ---L--- LOT 1R, BLOCK A I I z 10,506 SQ. FT./0.241 AC. j 10.00 (GROSS) ,2 OLD TOWN ADDl7ON RMA,t � N Q b 9, 894 S0. FT/0.227 AC. co 107R. No. 2012001731201 o o C (NETS I z CD O. P. R. D. C. T. I V o (- ZONED PD H I F w O O i _ IJ U I m� W Liz/ 1, L?L :;•K A ICD � o LOT 4R, BLOCK CI o o i;'i;�Nt.?Fli Filed and Recorded official Public Records John F. Warren, County Clerk Dallas County, TEXAS 03/09/2018 08:12:33 AM $46.00 201800061375