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200109052 <br />7. Condition to Continuance of Easements and Licenses. Each of the <br />aforementioned easements and licenses as to the owner of a Phase is conditioned <br />and shall continue as to such Phase only for so long as such owner or its successor <br />hereunder shall reimburse and pay to the owner or its successor hereunder of the <br />Phase upon which the respective easement or license is located the proportionate <br />share of the cost associated with the maintenance and operation of the easement <br />or license, as the case may be. The proportionate share of such expenses shall be <br />apportioned between the owners of the Phases based on the number of residential <br />rental units on each Phase. Such expenses shall be promptly reimbursed monthly <br />upon receipt of a statement therefor. The owner of the respective Phase upon <br />which is located an easement or license for which maintenance is required shall <br />be responsible in the first instance for maintaining the same and then shall provide <br />a monthly statement of the proportionate share to be paid by the owners of the <br />other Phase. <br />8. Si na e. Pedcor I is hereby granted a perpetual nonexclusive easement to <br />construct identifying signage upon the southernmost twenty (20) feet of Lot 1 and <br />the easternmost twenty (20) feet of Lot 5 so long as such sign complies with all <br />applicable federal, local and state governmental requirements. Upon request of <br />Pedcor II, the location of such easement shall be more particularly described and <br />limited to the actual location of any such signage constructed by Pedcor I. <br />9. Termination. This Declaration shall be perpetual, and it shall only terminate <br />upon mutual written agreement of the owners of Phases. <br />10. Covenants Run with the Land. All of the covenants made herein shall run with <br />the land and shall extend to, be binding upon and shall inure to the benefit of <br />Pedcor I and Pedcor II and their respective successors and assigns. <br />11. Miscellaneous. <br />(a) This Declaration may not be amended or modified orally but may be <br />amended or modified only in writing, signed by the owners of the Phases <br />(or their respective successors or assigns, as the case may be). No waiver <br />of any term or provision of this Declaration shall be effective unless it is in <br />writing, making specific reference to this Declaration and signed by the <br />party against whom such waiver is sought to be enforced, and any such <br />waiver shall not constitute a waiver of any other or subsequent rights <br />under or violations of this Declaration. <br />(b) This Declaration shall be binding upon the owners of Phases and their <br />respective successors and assigns and shall inure to the benefit of each of <br />them. <br />MEasement & License Dedaration.doc 4 <br />