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200502514 eminent domain or transfer in lieu thereof of any part of any easement area, the award attributable to such easement area shall be payable only to the Owner thereof, and no claim thereon shall be made by the Permittees of any other Property. 4. Rights and Obligations of Lenders. If by virtue of any right or obligation set forth herein a lien shall be placed upon any Property, such lien shall expressly be subordinate and inferior to the lien of any first mortgage lienholder now or hereafter placed on such Property. Except as set forth in the preceding sentence, however, any holder of a lien on any Property, and any assignee or successor in interest of such first lienholder, shall be subject to the terms and conditions of this Declaration. 5. Release from Liability. Any person acquiring fee or leasehold title to any of the Properties shall be bound by this Declaration only as to the Property or portion of the Property acquired by such person. In addition, such person shall be bound by this Declaration only with respect to the period for which such person is the fee or leasehold owner of such Property or portion thereof and shall be responsible for all obligations and liabilities which accrue during such period. Although persons may be released under this Section 5, the easements, covenants, and restrictions in this Declaration shall continue to be, as provided herein, benefits to and servitudes upon such Property or Properties, running with the land. 6. Breach. In the event of the breach or threatened breach of this Declaration, any or all of the Owners of the Property adversely affected by such breach or threatened breach shall be entitled to institute proceedings for full and adequate relief from the consequences of such breach or threatened breach. The unsuccessful party in any action shall indemnify the prevailing party from all reasonable attorney's fees and other reasonable costs and expenses incurred by the prevailing party. No breach of this Declaration will entitle any Owner of the Parcels to cancel, rescind or otherwise terminate this Declaration. 7. Legal Effect. Each of the easements and rights created by this Declaration are appurtenant to each of the Properties and may not be transferred, assigned or encumbered except as an appurtenance to a Property. For the purpose of each such easement and right, the Benefited Tract will constitute the dominant estate and the Burdened Tract will constitute the servient estate. Each easement or covenant contained in this Declaration: (a) is made for the direct, mutual and reciprocal benefit of the Properties; (b) creates equitable servitudes on the Properties upon which easements have been granted in favor of other Properties; (c) constitutes a covenant running with the land; (d) binds every Owner now having or hereafter acquiring an interest in a Property; and (e) will inure to the benefit of and be binding upon the Owners of the Properties and their respective successors, assigns, mortgagees and beneficiaries under deeds of trust. :I