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200109052
<br />Phase II. Notwithstanding anything to the contrary herein contained, in no event
<br />shall Pedcor I be obligated to construct any Recreational Facilities.
<br />3. Reciprocal Utility Easements. There are or will be utility line and pipe facilities
<br />located on Phase I that will provide utility service to both Phases. Pedcor I hereby
<br />declares, for the benefit of Pedcor II, and to be appurtenant to Phase II and for the
<br />benefit of Pedcor II's tenants, officers, employees, agents and invitees and such
<br />tenants' invitees and guests, a conditional non - exclusive right and easement to use
<br />and enjoy the utility line and pipe facilities wherever located upon Phase I from
<br />time to time (the "Utility Facilities ") on the same terms and conditions that such
<br />Utility Facilities are available for use by Pedcor I's tenants, sub - tenants, officers,
<br />employees, agents and invitees and such tenants' invitees and guests (the "Utility
<br />Facilities Easement "). As a precondition to the development of Phase II and the
<br />use of the Utility Facilities Easement, Pedcor II shall grant a reciprocal easement
<br />to Pedcor I as to any such facilities to be located on Phase II.
<br />4. Reciprocal Drainage Easements. There is a detention pond located on Phase I
<br />and Phase II that will provide drainage to both phases. Pedcor I hereby declares,
<br />for the benefit of Pedcor II, and to be appurtenant to Phase II and for the benefit
<br />of Pedcor II's tenants, officers, employees, agents and invitees and such tenants'
<br />invitees and guests, a conditional, non - exclusive right and easement to use and
<br />enjoy the detention pond described and depicted on Exhibit D, which is attached
<br />hereto and incorporated herein by reference (the "Detention Pond/Drainage
<br />Facilities ") on the same terms and conditions that such Drainage Facilities are
<br />available for use by Pedcor I's tenants, subtenants, officers, employees, agents,
<br />and invitees and such tenants' invitees and guests (the "Drainage Facilities
<br />Easement "). Pedcor II hereby declares, for the benefit of Pedcor I, and to be
<br />appurtenant to Phase II and for the benefit of Pedcor I's tenants, officers,
<br />employees, agents and invitees and such tenants' invitees and guests, a
<br />conditional, non - exclusive right and easement to use and enjoy the Detention
<br />Pond described and depicted on Exhibit E on the same terms and conditions that
<br />such Drainage Facilities are available for use by Pedcor II's tenants, subtenants,
<br />officers, employees, agents, and invitees and such tenants' invitees and guests.
<br />5. Access Easement. Pedcor II hereby declares and grants an access easement over
<br />and across the westernmost sixty (60) feet of Lot 5 described in Exhibit B, for
<br />ingress and egress to and from Lot 4. This easement shall run with the land and
<br />inure to the benefit of the owner of Lot 4, its successors and assigns in title.
<br />6. Reciprocal Recreational Facilities Licenses. Pedcor I hereby declares, for the
<br />benefit of Pedcor II and for the benefit of Pedcor II's tenants, officers, employees,
<br />agents and invitees and such tenants' invitees and guests, a conditional non-
<br />exclusive license to use the Recreational Facilities, if any are constructed, situated
<br />on Phase I (the "License "). As a precondition to the development of Phase II and
<br />the use of the License, Pedcor II shall grant a reciprocal license to Pedcor I as to
<br />any such facilities to be located on Phase II.
<br />AAEasement & License Declaration.doc 3
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