EASEMENT AGREEMENT

(State of New Mexico)

[// GUIDANCE: This template is drafted for New Mexico real property transactions. Customize all bracketed placeholders, delete inapplicable options, and conform the notary block to the county where the document will be recorded.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Grant of Easement
4. Consideration & Payment Terms
5. Use, Maintenance, and Performance Standards
6. Representations and Warranties
7. Covenants and Restrictions
8. Default and Remedies
9. Risk Allocation
10. Dispute Resolution
11. General Provisions
12. Execution Block
13. Exhibit A – Legal Description of Servient Property
14. Exhibit B – Depiction/Survey of Easement Area
15. Exhibit C – Insurance Requirements (optional)

1. DOCUMENT HEADER

Easement Agreement (this “Agreement”) made and entered into as of [EFFECTIVE DATE] (the “Effective Date”), by and between:

• [GRANTOR LEGAL NAME], a [ENTITY TYPE & STATE OF ORGANIZATION] with a principal address at [ADDRESS] (“Grantor”); and
• [GRANTEE LEGAL NAME], a [ENTITY TYPE & STATE OF ORGANIZATION] with a principal address at [ADDRESS] (“Grantee”).

Grantor is the owner in fee simple of certain real property located in the County of [COUNTY], State of New Mexico, more particularly described in Exhibit A (the “Servient Property”). Grantee desires to obtain, and Grantor desires to grant, an easement over a portion of the Servient Property described in Exhibit B (the “Easement Area”) for the purposes and on the terms set forth herein.

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Other capitalized terms are defined contextually elsewhere in this Agreement.

“Actual Damages” means direct, out-of-pocket damages, excluding punitive, consequential, special, exemplary, or incidental damages.

“Applicable Law” means all federal, state, county, and local statutes, ordinances, rules, regulations, and common-law requirements governing the Easement, including, without limitation, New Mexico real property and recording laws.

“Easement” means the non-exclusive [PERPETUAL / TERM-SPECIFIC] easement interest granted in Section 3.

“Easement Purposes” means [DETAILED PURPOSES—e.g., ingress/egress, utility installation, drainage, etc.].

“Event of Default” has the meaning set forth in Section 8.1.

“Indemnitees” has the meaning set forth in Section 9.1.

“Parties” means, collectively, Grantor and Grantee; and “Party” means each of them individually.

“Termination Conditions” has the meaning set forth in Section 7.5.

[ADD additional defined terms as necessary, in alphabetical order.]

3. GRANT OF EASEMENT

3.1 Grant. Subject to the terms and conditions of this Agreement, Grantor hereby grants, bargains, sells, conveys, and warrants to Grantee, its successors and assigns, a [PERPETUAL / TERM OF ___ YEARS] non-exclusive easement over, across, under, and through the Easement Area for the Easement Purposes (the “Easement”).

3.2 Scope. The Easement includes the right of Grantee to:
a. construct, install, inspect, improve, maintain, operate, repair, replace, and remove [SPECIFIC IMPROVEMENTS/UTILITIES];
b. reasonable ingress to and egress from the Easement Area over the Servient Property; and
c. take any other actions reasonably necessary to accomplish the Easement Purposes in compliance with Applicable Law and the terms of this Agreement.

3.3 Reservation. Grantor reserves the right to use the Servient Property for any purpose not inconsistent with Grantee’s full enjoyment of the Easement; provided, however, that Grantor shall not materially interfere with Grantee’s rights hereunder.

4. CONSIDERATION & PAYMENT TERMS

4.1 Easement Consideration. In consideration of the Easement, Grantee shall pay Grantor the sum of [DOLLAR AMOUNT] on or before the Effective Date.

4.2 Reimbursement of Costs. Grantee shall be responsible for (a) all costs of recording this Agreement, (b) any documentary transfer taxes, and (c) any third-party costs incurred by Grantor at Grantee’s written request in connection with the Easement.

4.3 Late Payments. Any unpaid amounts shall accrue interest at the lesser of (i) [___]% per annum and (ii) the maximum rate permitted by Applicable Law.

5. USE, MAINTENANCE, AND PERFORMANCE STANDARDS

5.1 Compliance. Grantee shall perform all activities within the Easement Area in a good and workmanlike manner and in compliance with Applicable Law and all Permits.

5.2 Restoration. Following any installation, maintenance, or repair work, Grantee shall promptly restore disturbed portions of the Servient Property to a condition reasonably comparable to that existing immediately prior to such work, ordinary wear and tear excepted.

5.3 Access Coordination. Grantee shall give Grantor [___] business days’ prior written notice of any non-routine entry onto the Servient Property, except in emergencies.

5.4 Grantor’s Maintenance Obligations. Grantor shall not cause or permit activities on the Servient Property that unreasonably interfere with the Easement or damage Grantee’s Improvements.

6. REPRESENTATIONS AND WARRANTIES

6.1 Mutual Representations. Each Party represents and warrants to the other that:
a. it is duly organized, validly existing, and in good standing under the laws of its jurisdiction of organization;
b. it has full power and authority to enter into and perform this Agreement;
c. the execution, delivery, and performance of this Agreement have been duly authorized; and
d. this Agreement constitutes a legal, valid, and binding obligation enforceable against such Party in accordance with its terms.

6.2 Grantor’s Title Representation. Grantor further represents and warrants that it (a) is the owner in fee simple of the Servient Property, free and clear of all liens and encumbrances other than those of record and disclosed to Grantee prior to the Effective Date, and (b) has the right to grant the Easement.

6.3 Survival. All representations and warranties shall survive the Closing and the recordation of this Agreement.

7. COVENANTS AND RESTRICTIONS

7.1 Affirmative Covenants of Grantee. Grantee covenants that it will:
a. maintain all Improvements in good order and repair;
b. carry insurance as set forth in Exhibit C; and
c. indemnify Grantor in accordance with Section 9.1.

7.2 Negative Covenants of Grantee. Grantee shall not store hazardous materials or create any environmental condition requiring remediation under Applicable Law on the Easement Area.

7.3 Notice & Cure. Each Party shall give the other written notice of any breach and a [___]-day opportunity to cure (except where emergency action is reasonably required).

7.4 Recording. The Parties shall cause this Agreement, and any amendments or termination statements, to be duly acknowledged and recorded in the real property records of [COUNTY] County, New Mexico, in compliance with Applicable Law.

7.5 Termination. The Easement shall terminate upon the earliest to occur of any of the following (“Termination Conditions”):
a. mutual written agreement of the Parties recorded in the county land records;
b. abandonment of the Easement by Grantee for a continuous period of [___] years, verified by objective evidence;
c. merger of title under New Mexico law; or
d. expiration of the stated term (if not perpetual).

[// GUIDANCE: For New Mexico, abandonment requires clear and convincing evidence of intent to abandon. Adjust clause (b) to fit the agreed evidentiary standard.]

7.6 Recorded Termination Instrument. Upon the occurrence of any Termination Condition, the Parties (or the terminating Party, as applicable) shall execute, acknowledge, and record an instrument sufficient under Applicable Law to remove the Easement from title.

8. DEFAULT AND REMEDIES

8.1 Events of Default. The following constitute an “Event of Default”:
a. material breach of any covenant, representation, or warranty that is not cured within the applicable cure period;
b. failure to make any payment when due and failure to cure within [___] days after written notice; or
c. bankruptcy, insolvency, or assignment for the benefit of creditors by either Party.

8.2 Remedies. Upon an Event of Default, the non-defaulting Party may, subject to Section 9 and Section 10, exercise one or more of the following remedies:
i. specific performance or injunctive relief (the Parties acknowledging that monetary damages may be inadequate);
ii. recovery of Actual Damages;
iii. reimbursement of reasonable attorneys’ fees and costs; and
iv. any other remedy available at law or in equity.

8.3 Cumulative Remedies. Except as expressly limited herein, remedies are cumulative and not exclusive.

9. RISK ALLOCATION

9.1 Indemnification. Grantee shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless Grantor and its affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively, “Indemnitees”) from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) Grantee’s use or occupation of the Easement Area, or (b) any breach of this Agreement by Grantee, except to the extent caused by the gross negligence or willful misconduct of any Indemnitee.

9.2 Limitation of Liability. Except for (i) indemnification obligations under Section 9.1, (ii) liability for fraud or willful misconduct, and (iii) either Party’s obligation to pay Actual Damages awarded in accordance with this Agreement, neither Party shall be liable to the other for consequential, incidental, punitive, exemplary, or special damages, even if advised of the possibility thereof.

9.3 Insurance. During the term of the Easement, Grantee shall maintain the insurance policies described in Exhibit C with insurers licensed to do business in New Mexico and having an A.M. Best rating of not less than A-VII.

9.4 Force Majeure. Neither Party shall be liable for failure to perform its obligations (other than payment obligations) to the extent such failure is caused by events beyond its reasonable control, including, without limitation, acts of God, natural disasters, war, civil disturbance, labor disputes, or governmental action (“Force Majeure Event”), provided that the affected Party (a) gives prompt notice to the other Party, (b) uses commercially reasonable efforts to mitigate, and (c) resumes performance promptly after the Force Majeure Event ceases.

10. DISPUTE RESOLUTION

10.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict-of-laws principles.

10.2 Forum Selection. Subject to Section 10.3, each Party irrevocably submits to the exclusive jurisdiction of the state courts located in [COUNTY] County, New Mexico, for any action arising out of or relating to this Agreement.

10.3 Optional Arbitration. Either Party may elect, by written notice, to submit any dispute (other than requests for injunctive relief) to binding arbitration administered by [AAA / JAMS] in accordance with its commercial arbitration rules then in effect. The arbitration shall take place in [CITY], New Mexico before a single neutral arbitrator who is a licensed attorney with at least 10 years of relevant real estate experience. Judgment on the award may be entered in any court of competent jurisdiction.

10.4 Jury Waiver. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT.

10.5 Specific Performance. The Parties acknowledge that a breach of this Agreement may cause irreparable harm for which monetary damages may be inadequate; therefore, in addition to all other remedies, the non-breaching Party shall be entitled to seek specific performance and other equitable relief without the necessity of proving actual damages or posting a bond.

11. GENERAL PROVISIONS

11.1 Amendments; Waivers. No amendment or waiver of any provision of this Agreement shall be effective unless in a writing signed by both Parties and recorded if required under Applicable Law.

11.2 Assignment. Grantee may not assign its rights or obligations under this Agreement without the prior written consent of Grantor, which consent shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Grantee may assign to (a) an affiliate, or (b) a successor by merger or acquisition of substantially all of Grantee’s assets, with written notice to Grantor. Any assignment shall be recorded.

11.3 Successors and Assigns. Subject to Section 11.2, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns, and shall run with the land.

11.4 Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder shall remain in full force, and the provision shall be reformed to the minimum extent necessary to render it enforceable.

11.5 Entire Agreement. This Agreement (including the Exhibits) constitutes the entire agreement between the Parties concerning the subject matter, superseding all prior or contemporaneous oral or written agreements.

11.6 Counterparts; Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. Signatures delivered by facsimile, PDF, or other electronic means shall be deemed original signatures for all purposes.

11.7 Recording Costs. Grantee shall pay all costs associated with recording this Agreement and any termination or amendment thereof.

12. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the Effective Date.

GRANTOR
[GRANTOR LEGAL NAME]

By: ____
Name: ____
Title: _________

GRANTEE
[GRANTEE LEGAL NAME]

By: ____
Name: ____
Title: _________

NOTARY ACKNOWLEDGMENT

[// GUIDANCE: Use the New Mexico statutory short form acknowledgment, NMSA § 14-14-7, and adapt to the appropriate Party and signatory.]

State of New Mexico )
County of ____ ) ss.

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared _____, who acknowledged that [he/she] is the ___ of ____, and that [he/she] executed the foregoing Easement Agreement on behalf of said entity.

Notary Public# EASEMENT AGREEMENT
(State of New Mexico)

[// GUIDANCE: This template is drafted for New Mexico real property transactions. Customize all bracketed placeholders, delete inapplicable options, and conform the notary block(s) to the county(ies) where the document will be recorded. Record in the real property records of the county where the Servient Property is located to ensure constructive notice under New Mexico’s recording statutes.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Grant of Easement
4. Consideration & Payment Terms
5. Use, Maintenance, and Performance Standards
6. Representations and Warranties
7. Covenants and Restrictions
8. Default and Remedies
9. Risk Allocation
10. Dispute Resolution
11. General Provisions
12. Execution Block
13. Exhibit A – Legal Description of Servient Property
14. Exhibit B – Depiction/Survey of Easement Area
15. Exhibit C – Insurance Requirements (optional)

1. DOCUMENT HEADER

Easement Agreement (this “Agreement”) made and entered into as of [EFFECTIVE DATE] (the “Effective Date”), by and between:

• [GRANTOR LEGAL NAME], a [ENTITY TYPE & STATE OF ORGANIZATION] with a principal address at [ADDRESS] (“Grantor”); and
• [GRANTEE LEGAL NAME], a [ENTITY TYPE & STATE OF ORGANIZATION] with a principal address at [ADDRESS] (“Grantee”).

Grantor is the owner in fee simple of certain real property located in the County of [COUNTY], State of New Mexico, more particularly described in Exhibit A (the “Servient Property”). Grantee desires to obtain, and Grantor desires to grant, an easement over a portion of the Servient Property described in Exhibit B (the “Easement Area”) for the purposes and on the terms set forth herein.

For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following capitalized terms have the meanings set forth below. Other capitalized terms are defined contextually elsewhere in this Agreement.

“Actual Damages” means direct, out-of-pocket damages, excluding punitive, consequential, special, exemplary, and incidental damages.

“Applicable Law” means all federal, state, county, and local statutes, ordinances, rules, regulations, and common-law requirements governing the Easement, including, without limitation, New Mexico real property and recording laws.

“Easement” means the non-exclusive [PERPETUAL / TERM-SPECIFIC] easement interest granted in Section 3.

“Easement Purposes” means [DETAILED PURPOSES—e.g., ingress/egress, utility installation, drainage, etc.].

“Event of Default” has the meaning set forth in Section 8.1.

“Indemnitees” has the meaning set forth in Section 9.1.

“Parties” means, collectively, Grantor and Grantee; and “Party” means each of them individually.

“Termination Conditions” has the meaning set forth in Section 7.5.

[ADD additional defined terms as necessary, in alphabetical order.]

3. GRANT OF EASEMENT

3.1 Grant. Subject to the terms and conditions of this Agreement, Grantor hereby grants, bargains, sells, conveys, and warrants to Grantee, its successors and assigns, a [PERPETUAL / TERM OF ___ YEARS] non-exclusive easement over, across, under, and through the Easement Area for the Easement Purposes (the “Easement”).

3.2 Scope. The Easement includes the right of Grantee to:
a. construct, install, inspect, improve, maintain, operate, repair, replace, and remove [SPECIFIC IMPROVEMENTS/UTILITIES];
b. reasonable ingress to and egress from the Easement Area over the Servient Property; and
c. take any other actions reasonably necessary to accomplish the Easement Purposes in compliance with Applicable Law and the terms of this Agreement.

3.3 Reservation. Grantor reserves the right to use the Servient Property for any purpose not inconsistent with Grantee’s full enjoyment of the Easement; provided, however, that Grantor shall not materially interfere with Grantee’s rights hereunder.

4. CONSIDERATION & PAYMENT TERMS

4.1 Easement Consideration. In consideration of the Easement, Grantee shall pay Grantor the sum of [DOLLAR AMOUNT] on or before the Effective Date.

4.2 Reimbursement of Costs. Grantee shall be responsible for (a) all costs of recording this Agreement, (b) any documentary transfer taxes, and (c) any third-party costs incurred by Grantor at Grantee’s written request in connection with the Easement.

4.3 Late Payments. Any unpaid amounts shall accrue interest at the lesser of (i) [___]% per annum and (ii) the maximum rate permitted by Applicable Law.

5. USE, MAINTENANCE, AND PERFORMANCE STANDARDS

5.1 Compliance. Grantee shall perform all activities within the Easement Area in a good and workmanlike manner and in compliance with Applicable Law and all Permits.

5.2 Restoration. Following any installation, maintenance, or repair work, Grantee shall promptly restore disturbed portions of the Servient Property to a condition reasonably comparable to that existing immediately prior to such work, ordinary wear and tear excepted.

5.3 Access Coordination. Grantee shall give Grantor [___] business days’ prior written notice of any non-routine entry onto the Servient Property, except in emergencies.

5.4 Grantor’s Maintenance Obligations. Grantor shall not cause or permit activities on the Servient Property that unreasonably interfere with the Easement or damage Grantee’s Improvements.

6. REPRESENTATIONS AND WARRANTIES

6.1 Mutual Representations. Each Party represents and warrants to the other that:
a. it is duly organized, validly existing, and in good standing under the laws of its jurisdiction of organization;
b. it has full power and authority to enter into and perform this Agreement;
c. the execution, delivery, and performance of this Agreement have been duly authorized; and
d. this Agreement constitutes a legal, valid, and binding obligation enforceable against such Party in accordance with its terms.

6.2 Grantor’s Title Representation. Grantor further represents and warrants that it (a) is the owner in fee simple of the Servient Property, free and clear of all liens and encumbrances other than those of record and disclosed to Grantee prior to the Effective Date, and (b) has the right to grant the Easement.

6.3 Survival. All representations and warranties shall survive the Closing and the recordation of this Agreement.

7. COVENANTS AND RESTRICTIONS

7.1 Affirmative Covenants of Grantee. Grantee covenants that it will:
a. maintain all Improvements in good order and repair;
b. carry insurance as set forth in Exhibit C; and
c. indemnify Grantor in accordance with Section 9.1.

7.2 Negative Covenants of Grantee. Grantee shall not store hazardous materials or create any environmental condition requiring remediation under Applicable Law on the Easement Area.

7.3 Notice & Cure. Each Party shall give the other written notice of any breach and a [___]-day opportunity to cure (except where emergency action is reasonably required).

7.4 Recording. The Parties shall cause this Agreement, and any amendments or termination statements, to be duly acknowledged and recorded in the real property records of [COUNTY] County, New Mexico, in compliance with Applicable Law.

7.5 Termination. The Easement shall terminate upon the earliest to occur of any of the following (“Termination Conditions”):
a. mutual written agreement of the Parties recorded in the county land records;
b. abandonment of the Easement by Grantee for a continuous period of [___] years, verified by objective evidence;
c. merger of title under New Mexico law; or
d. expiration of the stated term (if not perpetual).

[// GUIDANCE: In New Mexico, abandonment requires both non-use and intent to abandon. Include appropriate evidentiary standards to reflect the Parties’ intent.]

7.6 Recorded Termination Instrument. Upon the occurrence of any Termination Condition, the Parties (or the terminating Party, as applicable) shall execute, acknowledge, and record an instrument sufficient under Applicable Law to remove the Easement from title.

8. DEFAULT AND REMEDIES

8.1 Events of Default. The following constitute an “Event of Default”:
a. material breach of any covenant, representation, or warranty that is not cured within the applicable cure period;
b. failure to make any payment when due and failure to cure within [___] days after written notice; or
c. bankruptcy, insolvency, or assignment for the benefit of creditors by either Party.

8.2 Remedies. Upon an Event of Default, the non-defaulting Party may, subject to Section 9 and Section 10, exercise one or more of the following remedies:
i. specific performance or injunctive relief (the Parties acknowledging that monetary damages may be inadequate);
ii. recovery of Actual Damages;
iii. reimbursement of reasonable attorneys’ fees and costs; and
iv. any other remedy available at law or in equity.

8.3 Cumulative Remedies. Except as expressly limited herein, remedies are cumulative and not exclusive.

9. RISK ALLOCATION

9.1 Indemnification. Grantee shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless Grantor and its affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively, “Indemnitees”) from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) Grantee’s use or occupation of the Easement Area, or (b) any breach of this Agreement by Grantee, except to the extent caused by the gross negligence or willful misconduct of any Indemnitee.

9.2 Limitation of Liability. Except for (i) indemnification obligations under Section 9.1, (ii) liability for fraud or willful misconduct, and (iii) either Party’s obligation to pay Actual Damages awarded in accordance with this Agreement, neither Party shall be liable to the other for consequential, incidental, punitive, exemplary, or special damages, even if advised of the possibility thereof.

9.3 Insurance. During the term of the Easement, Grantee shall maintain the insurance policies described in Exhibit C with insurers licensed to do business in New Mexico and having an A.M. Best rating of not less than A-VII.

9.4 Force Majeure. Neither Party shall be liable for failure to perform its obligations (other than payment obligations) to the extent such failure is caused by events beyond its reasonable control, including, without limitation, acts of God, natural disasters, war, civil disturbance, labor disputes, or governmental action (“Force Majeure Event”), provided that the affected Party (a) gives prompt notice to the other Party, (b) uses commercially reasonable efforts to mitigate, and (c) resumes performance promptly after the Force Majeure Event ceases.

10. DISPUTE RESOLUTION

10.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict-of-laws principles.

10.2 Forum Selection. Subject to Section 10.3, each Party irrevocably submits to the exclusive jurisdiction of the state courts located in [COUNTY] County, New Mexico, for any action arising out of or relating to this Agreement.

10.3 Optional Arbitration. Either Party may elect, by written notice, to submit any dispute (other than requests for injunctive relief) to binding arbitration administered by [AAA / JAMS] in accordance with its commercial arbitration rules then in effect. The arbitration shall take place in [CITY], New Mexico before a single neutral arbitrator who is a licensed attorney with at least 10 years of relevant real estate experience. Judgment on the award may be entered in any court of competent jurisdiction.

10.4 Jury Waiver. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT.

10.5 Specific Performance. The Parties acknowledge that a breach of this Agreement may cause irreparable harm for which monetary damages may be inadequate; therefore, in addition to all other remedies, the non-breaching Party shall be entitled to seek specific performance and other equitable relief without the necessity of proving actual damages or posting a bond.

11. GENERAL PROVISIONS

11.1 Amendments; Waivers. No amendment or waiver of any provision of this Agreement shall be effective unless in a writing signed by both Parties and recorded if required under Applicable Law.

11.2 Assignment. Grantee may not assign its rights or obligations under this Agreement without the prior written consent of Grantor, which consent shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Grantee may assign to (a) an affiliate, or (b) a successor by merger or acquisition of substantially all of Grantee’s assets, with written notice to Grantor. Any assignment shall be recorded.

11.3 Successors and Assigns. Subject to Section 11.2, this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns, and shall run with the land.

11.4 Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder shall remain in full force, and the provision shall be reformed to the minimum extent necessary to render it enforceable.

11.5 Entire Agreement. This Agreement (including the Exhibits) constitutes the entire agreement between the Parties concerning the subject matter, superseding all prior or contemporaneous oral or written agreements.

11.6 Counterparts; Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. Signatures delivered by facsimile, PDF, or other electronic means shall be deemed original signatures for all purposes.

11.7 Recording Costs. Grantee shall pay all costs associated with recording this Agreement and any termination or amendment thereof.

12. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Easement Agreement as of the Effective Date.

GRANTOR
[GRANTOR LEGAL NAME]

By: ____
Name: ____
Title: _________

GRANTEE
[GRANTEE LEGAL NAME]

By: ____
Name: ____
Title: _________

NOTARY ACKNOWLEDGMENTS

[// GUIDANCE: Provide a separate acknowledgment for each Party if signatures are notarized in different counties or on different dates.]

State of New Mexico )
County of ____ ) ss.

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared _____, who acknowledged that [he/she] is the ___ of ____, and that [he/she] executed the foregoing Easement Agreement on behalf of said entity.

Notary Public
My Commission Expires: ____

(Duplicate acknowledgment block for second Party if required.)

EXHIBIT A

LEGAL DESCRIPTION OF SERVIENT PROPERTY

[INSERT FULL METES-AND-BOUNDS OR PLAT DESCRIPTION EXACTLY AS IT APPEARS IN THE CURRENT TITLE COMMITMENT.]

EXHIBIT B

DEPICTION/SURVEY OF EASEMENT AREA

[ATTACH SURVEY OR DRAWING SHOWING THE EASEMENT AREA IN RELATION TO THE SERVIENT PROPERTY, BEARING THE SURVEYOR’S SEAL AS REQUIRED FOR RECORDING.]

EXHIBIT C (OPTIONAL)

INSURANCE REQUIREMENTS

1. Commercial General Liability: $[] per occurrence / $[] aggregate, naming Grantor as additional insured.
2. Workers’ Compensation: Statutory limits in accordance with New Mexico law.
3. Automobile Liability: $[___] combined single limit.
4. Umbrella/Excess Liability: $[___] per occurrence / aggregate.

[// GUIDANCE: Tailor coverage limits to project size, risk profile, and lender/municipal requirements.]

[// GUIDANCE: Review local county clerk recording requirements—e.g., font size, margin width, indexing references—to avoid rejection or re-recording delays.]