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2. Definitions. For purposes hereof. 2 O O 5 O 616 2 q
<br />(a) The term "Owner" or "Owners "shall mean the Declarant and any and all
<br />successors or assigns of such persons as the owner or owners of fee simple
<br />title to all or any portion of the real property covered hereby, whether by sale,
<br />assignment, inheritance, operation of law, trustee's sale, foreclosure, or
<br />otherwise, but not including the holder of any lien or encumbrance on the real
<br />property.
<br />(b) The term " Permittees" shall mean the tenant(s) or occupant(s) of a Lot, and
<br />the respective employees, agents, contractors, customers, invitees and
<br />licensees of (i) the Owner of such Lot, and/or (ii) such tenant(s) or
<br />occupant(s).
<br />(c) The term "Driveway" shall mean that driveway and related driveway
<br />improvements, paving, curbing, entrances and exits existing now or in the
<br />future upon Outlot B.
<br />(d) The term "ECR" shall mean that certain Easements with Covenants and
<br />Restrictions Affecting Land dated 25, 2004, by and among Wal -Mart Stores,
<br />Inc., Wal -Mart Real Estate Business Trust, and Wells Fargo Bank, N.A.,
<br />recorded July 13, 2004 as Document No. 0200406869.
<br />(e) The term "Lot" shall mean individually any of said Lot 6, Lot 5 or Outlot B,
<br />as the case may be.
<br />3. Ingress,_ Egress and Access Easement. Declarant hereby declares that Lot 5, and all
<br />Owners and Permittees of Lot 5, shall be benefited by and Oulot B, and all Owners and
<br />Permittees of Oulot B shall be burdened by a non - exclusive, perpetual easement for
<br />pedestrian and vehicular access, ingress, egress and regress over, across and upon Outlot
<br />5 and the Driveway. Declarant hereby declares that Lot 5 and the Owner of Lot 5 shall
<br />have the right, at its sole cost and expense, to install curb cuts, entrances and exits to and
<br />from the Driveway and upon Outlot B in such locations as necessary or desirable.
<br />Declarant hereby declares that Outlot B and the Owner of Outlot B shall be solely
<br />responsible for compliance with all maintenance requirements respecting said Driveway
<br />as set forth in Section 6(b) of the ECR. If the Owner of Outlot B fails to so maintain the
<br />Driveway, the Owner of Lot 5 shall have the right to go onto Outlot B and perform the
<br />maintenance work. The Owner of Outlot B shall promptly reimburse the Owner of Lot 5
<br />for the expense thereof.
<br />4. Utility and Service Easements. Declarant hereby declares that Lot 5, and all Owners
<br />and Permittees of Lot 5, shall be benefited by and Outlot B, and all Owners and
<br />Permittees of Outlot B shall be burdened by a non - exclusive, perpetual easement for the
<br />installation, repair and replacement of storm drains, sewers and utilities and other proper
<br />services necessary for the orderly development and operation of Lot 5 over and across
<br />Outlot B and, with respect to storm drains, access under Outlot B and into that certain 45'
<br />drainage easement dedicated and identified as "45' Drainage Easement Dedicated with
<br />this Plat" as shown on the Plat (the "45' Drainage Easement "). The Owner of Lot 6
<br />hereby ratifies and confirms said 45' Drainage Easement extends for the non - exclusive
<br />easement and enjoyment of Lot 5 and grants a non - exclusive, perpetual easement for
<br />benefit of Lot 5 and the Owner of Lot 5, for storm water diversion, storage and flow over
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