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201107590
<br />respective Lot in accordance with all Legal Requirements, as nearly as practicable to the condition of the
<br />same immediately prior to such condemnation or transfer, to the extent that the proceeds of such award
<br />are sufficient to pay the cost of such restoration and repair and without contribution from any other
<br />owner.
<br />13. Release from Liability; Notice of Lot Transfer. Any person or entity acquiring fee or leasehold
<br />title to the Lots, or any portion of the Lots, or any expansion of the Developer Property, or any portion thereof,
<br />shall be bound by this Declaration only as to the Lot or portion of the Lot which such person or entity has a fee or
<br />leasehold interest. In addition, except to the extent expressly stated in this Declaration to the contrary, such
<br />person or entity and Developer shall be bound by this Declaration only during the period such person or entity or
<br />Developer is the fee or leasehold owner, except as to obligations, liabilities, or responsibilities that accrue during
<br />said period of ownership. Although persons may be released under this paragraph, the easements, covenants,
<br />and restrictions in this Declaration shall continue to be benefits to and servitudes upon said Developer Property
<br />and the Lots running with the land. Notwithstanding the foregoing, no such Party shall be so released until notice
<br />of such Transfer has been given in the manner set forth below, at which time the Transferring Party's personal
<br />liability for unaccrued obligations shall terminate. A Party transferring all or any portion of its interest in the
<br />Development shall give notice to the Developer and other Lot Owner of such Transfer and shall include therein at
<br />least the following information: (i) the name and address of the new Party; and (ii) a copy of the legal description
<br />of the portion of the Development so Transferred. Until notice of such Transfer is given, the Transferring Party
<br />shall (for purposes of this Declaration only) be the Transferee's Agent. For the purposes of this Section,
<br />"Transfer" means a conveyance by way of sale.
<br />14. Conflicting Terms. The Shopping Center Declaration shall control as to any conflicting terms
<br />set forth in this Declaration.
<br />15. Rights of Successors. The easements, restrictions, benefits, and obligations hereunder shall
<br />create mutual benefits and servitudes running with the land. A transferee or successor to the interest of
<br />Developer shall take subject to Developer's approvals, lease provisions or Declarations amending, modifying or
<br />adjusting a particular tenant's obligations hereunder, subsequent written Declarations or releases of obligations
<br />hereunder, individual written Declarations with a Lot Owner, or other written Declarations or written discretionary
<br />approvals or consents of Developer permitted by this Declaration. This Declaration shall bind and inure to the
<br />benefit of the parties hereto, their respective heirs, representatives, lessees, successors, and assigns. The
<br />singular number includes the plural, and the masculine gender includes the feminine and neuter. This
<br />Declaration is freely assignable by Developer.
<br />16. Non Merger. This Declaration shall not be subject to the doctrine of inerger.
<br />17. Term. This Declaration and each term, easement, covenant, restriction and undertaking of this
<br />Declaration shall be effective as of the date hereof and will remain in effect for a term (the "Initial Term") of
<br />ninety-two (92) years (the "Expiration Date"). Notwithstanding the foregoing, this Declaration shall be
<br />automatically extended for successive terms of ten (10} years each unless, on or before the expiration of the
<br />Initial Term or any subsequent term of ten (10) years, one hundred percent (100%) of the then Lot Owners and
<br />the holders of all notes secured by mortgages encumbering any of the Lots, or any part thereof, shall duly execute
<br />and file in the o�ce of the Register of Deeds of the County in which the Development is located, a declaration
<br />wherein said owners and noteholders shall agree that said covenants, restrictions, rights and privileges shall be
<br />amended, modified or terminated in whole or in part. Any amendment or modification to this Declaration shall
<br />require the written consent of Developer and the owner(s) of any Lot(s) affected by such amendment or
<br />modification. Upon such unanimous consent, said covenants, restrictions, rights and privileges may be so
<br />amended, modified or terminated as the parties may so agree.
<br />18. Rules and Regulations. Developer may establish and enforce reasonable rules and regulations
<br />applicable to the Common Areas (the "Rules and Regulations"). Developer hereby initially adopts the Rules
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<br />Meadowlark Declaration
<br />Lots 1 & 2-9�' Subdivision
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