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BK33572PG309 3
<br />Tract No.: 2-087
<br />i4MEPIDED AND RESTATEDEASEMENT
<br />WHEREAS, pursuant to the Last Will and Testament of Elinor M. Wolfson,. Middlesex
<br />Probate Court, Docket No. 95P2042, The Elinor M. Wolfson Revocable Trust, dated March 25;.
<br />1992, asamended on November 2, 1994,. S. Kenneth Wolfson, Trustee, (recorded herewith,.
<br />.-, hereinafter, "Owner", is the holder of certain land (the "Burdened Parcel") located at 8 Douglas
<br />Road, Lexington, Middlesex County asdescribed more particularly in a deed recorded in the
<br />J Middlesex South District Registry of Deeds, at Book 21912, Page 288;
<br />WHEREAS, the Burdened Parcel is subject to an easement (the "Original Easement") to
<br />Colonial Beacon Oil Company, a Massachusetts corporation recorded with said Deeds in the.
<br />Middlesex South Registry District of Deeds and found at Book 6828, Page 243;
<br />WHEREAS, by an Assignment and Assumption Agreement between Exxon Mobil
<br />Corporation and C2C Fiber of Massachusetts, LLC, ("C2C"): the benefits of which are set forth
<br />in the Original Easement, have been assigned to 2C and tts successors and assigns;
<br />WHEREAS, C2C and Owner now desireto amend certain provisions in the Original
<br />Easement and to reconfirm other provisions of the Original Easement;
<br />NOW, THEREFORE, for and in consideration of Five. Hundred Dollars ($500.00) and
<br />other good and valuable consideration paid by C2C, the receipt and sufficiency of which is
<br />hereby acknowledged, Owner agrees to amend and restate the Original Easement by granting to
<br />C2C Fiber of Massachusetts, LLC, a Delaware corporation, whose address is 168 Ayer �Road
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<br />Littleton, Massachusetts, 01460, the exclusive right and easement to install, construe, in taut;
<br />operate, repair, replace and remove communications systems, together with the necessary
<br />! conduits, cables, wires, and any other appurtenances thereto,. under and through the same portion
<br />' of the Burdened Parcel encumbered by the original easement, for the transmission of data and.
<br />,.I �. communications,. by C2C, its successors and assigns, and by others to whom C2C may, in whole
<br />d or in part, assign its rights to use such easement in common with, but under the direction of,
<br />p " C2C, together with a right of access across the Burdened Parcel for people and for equipment as
<br />is reasonably necessary for the purpose of exercising the rights herein gr
<br />anted.
<br />jExcept as otherwise restated and amended herein, the Original Easement is. hereby
<br />ratified and confirmed, and any use of the easement other than transmission of data
<br />'I communications is extinguished.
<br />_ Notwithstanding the foregoing, nothing contained herein shall prevent Owner from
<br />enjoying the use of the Burdened Parcelfor all purposes, including but not limited to driveways
<br />and landscaping, which do not interfere with or prevent the use by C2C and its successors and
<br />assigns of the rights herein granted. MARGINAL R-rCRENC_E RF_
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