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Buyer shall pay any and all fees relating to the escrow, including, but not limited to, any <br />City and/or County Transfer Taxes and recording fees. <br />Article 6. Form of Deed; Reservations: <br />A. At Closing, Seller will transfer Sellers interest in the Property to Buyer by Deed Without <br />Warranty, subject to all outstanding rights, whether or not of record. <br />B. Seller will reserve from the transfer all minerals and mineral rights without right of <br />surface entry. <br />C. Fence. <br />The Property is conveyed by Seller subject to the following covenant, condition and <br />restriction, which Buyer by the acceptance of this Deed covenants for itself, its <br />successors and assigns, faithfully to keep, observe and perform: <br />Fence Covenant. Buyer, at its sole cost and expense, shall install, within ninety (90) days <br />after the date of delivery of this Deed, and thereafter maintain fencing or other barriers <br />to prevent access to or encroachment on the railroad right-of-way of Seller adjacent to <br />the trackside boundary of the Property. The fencing or barrier must be of a design and <br />type satisfactory to Seller, and in compiiance with applicable building codes. Buyer shall <br />submit the plans for the fencing or barrier construction to: <br />Vice President-Engineering Management <br />Union Pacific Railroad Company <br />1400 Douglas Street, Mail Stop 0910 <br />Omaha, Nebraska 68179 <br />with copy of transmittal to: <br />Assistant Vice President - Real Estate <br />Union Pacific Railroad Company <br />1400 Douglas Street, Mail Stop 1690 <br />Omaha, Nebraska 68179 <br />for review and approval. Seller shall complete such review and make appropriate <br />response to Buyer within twenty (20) days after receipt of such plans by Seller. Seller <br />shall not unreasonably withhold its approval of such plans. Such approval does not <br />constitute a guarantee or warranty that such plans comply with applicable governmental <br />laws, rules, regulations ar ordinances, or that the fence as constructed will be structurally <br />sound. <br />The foregoing covenant, condition and restriction will run with the Property. A breach <br />of the foregoing covenant, condition and restriction, or the continuance thereof, may, at <br />the option of Seller, its successors or assigns, be enjoined, abated or remedied by <br />appropriate proceedings. <br />122 <br />