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200316111 10. Rights and Obligations of Lenders. If, by virtue of any right or obligation set forth herein, a lien shall be placed upon any Parcel, such lien shall expressly be subordinate and inferior to the lien of any first lienholder now or hereafter placed on such Parcel. Except as set forth in the preceding sentence, however, any holder of a first lien on any Parcel, and any assignee or successor in interest of such first lienholder, shall be subject to the terms and conditions of this Declaration. 11. Release from Liability. Any person acquiring fee or leasehold title to any Parcel shall be bound by this Declaration only as to the Parcel or portion of the Parcel acquired by such person. In addition, such person shall be bound by this Declaration only during the period for which such person is the fee or leasehold owner of such Parcel 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 11, the easements, covenants and restrictions in this Declaration shall continue to be benefits to and servitude upon such Parcel or Parcels, running with the land. 12. Breach. In the event of the breach or threatened breach of this Declaration, either (a) any or all of the Owners of Parcels adversely affected by such breach or threatened breach, or (b) the Declarant 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 in connection with such proceedings. No breach or threatened breach of this Declaration will entitle any Owner of any of the Parcels to cancel, rescind or otherwise terminate this Declaration. 13. Legal Effect. Each of the easements and rights created by this Declaration are appurtenant to the Parcel to which they relate and may not be transferred, assigned or encumbered except as an appurtenance to such Parcel. For the purpose of each such easement and right, the Benefited Parcel will constitute the dominant estate and the Burdened Parcel will constitute the servient estate. Each easement or covenant contained in this Declaration: (a) is made for the direct, mutual and reciprocal benefit of each other Parcel now or hereafter constituting a part of the Shopping Center; (b) creates mutual equitable servitudes on each Parcel in favor of each other Parcel; (c) constitutes a covenant running with the land; (d) binds every Owner now having or hereafter acquiring an interest in any Parcel; and (e) will inure to the benefit of each Owner and each Owner's successors, assigns, mortgagees and beneficiaries under deeds of trust. 14