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INSIRUMEN1 NU <br /> REODRDED BY <br /> First America3Tttie Co. of Stockton <br /> RECORDED ; - <br /> RECORDING REQUESTED BY �,c,,3 �. <br /> AND WHEN.RECORDED RETURN TO: �vsT oFFi tAL RECORDS OF <br /> SAN JOAQUIN COUNTY <br /> ISG Resources, Inc. JAMES JONNSTONE COUNTY RFCORDER <br /> 10653 S. River Front Parkway, Suite 300 WE FiEpEBY CERTIFY THIS TO BE A FULL. TRUE <br /> South Jordan, UT 84095 AND CORRECT Copy OF THE ORIGINAL <br /> ;First A icon Titte Co. of Stockton <br /> EASEMENT AGREEMENT <br /> This Easement Agreement ("Agreement") is made as of September 19 , 2003 by and <br /> between the following persons, referred to herein as the Parties: <br /> ISG Resources, Inc. ("ISG"), Daphne Ann Munzer, Trustee of the Munzer <br /> Utah Corporation Family Trust dated February 18, 1982 ("Munzer") <br /> 10653 S. River Front Parkway, Suite 300 4260 Virginia Road <br /> South Jordan, UT 84095 Long Beach, CA 90807 <br /> RECITALS <br /> A. The property located at 2025 West Hazelton Avenue, in Stockton, California more <br /> particularly described in Exhibit A (the "Property") is or may be contaminated by elevated levels of <br /> nitrates and ammonia in the soil and groundwater. <br /> B. The California Regional Water Quality Control Board has directed those parties <br /> responsible for the contamination to cleanup the Property. As of the date of this Easement <br /> Agreement, the Responsible Parties are conducting phytoremediation which utilizes trees and plants <br /> to cleanup the soil and groundwater. <br /> C Munzer and ISG have made this Easement Agreement (the "Easement Agreement") <br /> to allow the Responsible Parties unlimited access to cleanup the Property using phytoremediation or <br /> any other remediation technique. <br /> D. Munzer and ISG desire, through the execution and recordation of this Easement <br /> Agreement to reaffirm and give notice of the rights and interest created thereby. <br /> AGREEMENT <br /> NOW, THEREFORE, for and in consideration of the foregoing and the mutual promises and <br /> considerations stated herein and in the Standard Offer, Agreement and Escrow Instructions for <br /> Purchase of Real Estate (Non-Residential) and the Addendum thereto dated January 30,2003 and <br /> March 19, 2003 respectively, the Parties agree as follows: <br /> 1. Definitions. <br /> 1056879.1 <br />