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1. Successors and Assi�ns. This I�eclaration shal�be binding u�on TS 1 Z and TS�2 PHASE II,and their respecti�e successors and assigns and shall run with tlle land. 2. Attorne_ys Fees.If the fee owners of Par�el 1 or Parcel 2�eek to enfor�e any term or pra�ision of this Declaratio�� against the ❑ther, the non-pre�ailing party, in addition to any �judgment or award a�ains�them,shall also pay the pre�ailing party's reasonabte attorn�ys' fees, costs and disbursements. 3. Insurance. The fee owners of Parcel 1 and Par�ei 2 sha11 maintain an adequate amount of liability insurance for the use of�he ea�ement�created hereunder. The fee owner of Parcel 1 sha�l include the fee❑wner of ParLel 2 and the fee owner of Parce�2 shall include the fee ownex of Parcel l as an additianal insured under their respecti�e liability insurance policies. 4. Terminatian of Easements. The easements created hereunder shal� not be deemed to be extinguished by merger if the fee owners of Par�e� 1 an�i Parcel 2 are the same persan or entity. The easelnents created hereunder may be terminated upon the recording�f a written a�reement signed by all of the parties ha�ing a fee interest in the ownership of or a mortgage ar de�d�f trust recorded against any portion of Parce� 1 or Parcel 2. E Consideration for Easements contained herein: 1. TERMS AND PAYMENT:Pay�nent shall be pursuant to the followin�;s�hedule: d} Phase II(a}: sixty �6�} days after the owner of Pa��el 2 recei�es its Certifi�ate of �ccupancy far Phase II(a)(the 6f-unit huilding},the owner af Parcel�shall pay rent ta the owner of Parce� 1 of Twelve Thausand and no1lQUths dallars ��1Z,��.DU} per year,payahl�inonthIy on th�first day of each month. e� Pha�e II(b}: sixty (64} days after the owner af Parcel 2 recei�es its Certificate of accupancy fnr Phase II(b} (all of the 1 D and 11-plexes estimated at 53 units}, the awner of Parcel Z shall pay rent to the owner of Parcel 1 of Eighteen Thausand and nvI1�0�hs dvllars �$�S,QUQ.flO} per year, payable monthly c�n the f rst day af eaGh month. 6