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99106376
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99106376
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Last modified
3/13/2012 6:13:50 PM
Creation date
10/20/2005 11:47:40 PM
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DEEDS
Inst Number
99106376
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�' N � <br /> � <br /> , .1 • r <br /> 99 106376 <br /> or death of any person or damage to or destruction of any property resulting from the willful or <br /> negligent act or omission of the indemnifying Owner. <br /> 8. GENERAL PROVISIONS <br /> 8.1 Covenants Run With the Land. Each Restriction on each Parcel shall be a <br /> burden on that Parcel, shall be appurtenant to and for the benefit of the other Parcels and each <br /> part thereof to which its benefit runs, and shall run with the land. Notwithstanding the foregoing, <br /> the Restrictions in Section 5.1 shall be appurtenant to and for the benefit of only Parcel2 and <br /> each part thereof and may be waived in writing only by the Owner and Prime Lessee of Parcel 2 <br /> without the joinder of any other person. <br /> , <br /> 8.2 Successors and Assigns. <br /> (a) Persons Bound. This Declaration and the Restrictions created hereby <br /> shall inure to the benefit of and be binding upon the Owners, their heirs, successors, assigns and <br /> personal representatives, and upon any person acquiring a Parcel, or any portion thereof, or any <br /> interest therein, whether by operation of law or otherwise. Notwithstanding the foregoing, if any <br /> Owner sells or transfers all or any portion of its interest in any Parcel, such Owner shall, upon <br /> delivery of the Transfer Notice (as defined in subparagraph [b] below), be released and <br /> discharged from all of its obligations as Owner in connection with the property sold by it arising <br /> under this Declaration after the sale and conveyance of title but shall remain liable for all <br /> obligations arising under this Declaration prior to the sale and conveyance of title. The new <br /> Owner of any such Parcel or any portion thereof (including, without limitation, any Owner [or <br /> Lienholder] who acquires its interest by foreclosure, trustee's sale or otherwise) shall be liable for <br /> all obligations arising under this Declaration with respect to such Parcel or portion thereof after <br /> the date of sale and conveyance of title. <br /> (b) Transfer Notice. An Owner selling or transferring all or any portion of its <br /> interest in any Parcel shall give prior written notice thereof("Transfer Notice") to all Owners of <br /> Parcels in the Phase in which the Parcel being transferred is located, and also to all Consenting <br /> Owners in the Shopping Center. The Transfer Notice shall include at least the following <br /> information: (i) the name, current address and current phone number of the transferor, (ii) the <br /> name, current address and current phone number of the transferee, and (iii) a copy of the legal <br /> description of the Parcel, or portion thereof, or other interest sold or transferred. <br /> 8.3 Duration. Except as hereinafter provided, the term of this Declaration shall be <br /> for a period of sixty-five (65) years ("Primary Period") from the date hereof. Notwithstanding <br /> the foregoing, upon the expiration.of the Primary Period, the term of this Declaration shall <br /> automatically renew for successive periods of ten (10) years each (each such period being <br /> referred to as an "Extension Period") unless, at least ninety (90) days prior to the date of <br /> 24 <br />
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