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distance of 12.00 feet to said northerly line of Lot 2; thence North 75 degrees 07 minutes <br /> East along said Northerly line to the point of beginning. <br /> 4. Encumbrances. Dudley, and their heirs and assigns, shall not suffer or permit anything <br /> to be done that will cause Peters, or his heirs and assigns, to become encumbered by any <br /> mechanic's lien or similar lien, charge or claim. If any mechanic's lien or similar charge or <br /> claim is filed against Peters Parcel, due to Dudley's, or their heirs and assigns, alleged request <br /> for labor or materials, Dudley, or their heirs and assigns, shall immediately discharge the same of <br /> record by a release or bond within thirty (30) days or as soon as practicable after the filing of any <br /> notice of such lien, claim or other charge. <br /> 5. Maintenance. Dudley, and their heirs and assigns, shall be responsible for all costs of <br /> repairing, replacing and/or maintaining the Reformed Easement and all improvements thereon. <br /> All such construction, repair, replacement or maintenance shall conform to the use of the <br /> easement area as a patio. <br /> 6. Events of Termination. Notwithstanding anything in this Agreement to the contrary,the <br /> Reformed Easement shall terminate only upon the first to occur of the following: <br /> 6.1 the stone paving, brick barbeque and steps are removed and not replaced; <br /> 6.2 Dudley, or their heirs and assigns, no longer uses the Reformed Easement area as <br /> a patio; For the purpose of this condition of termination(6.2),the word "uses" is defined <br /> to mean the occupation of any part of the easement area by Dudley, or their heirs or the <br /> assigns or guests on at least one occasion within a 24 month continuous period or if patio <br /> furniture such as a table or a chair is present on any part of the easement area for at least <br /> 2 weeks during a 24 month period; <br /> 6.3 failure of Dudley, or their heirs and assigns, to remove or remedy the cause of any <br /> mechanic's lien or similar lien, charge or claim and such failure of performance shall <br /> continue for a period of thirty(30) days after delivery of written notice to Dudley, by <br /> certified mail, specifying such failure; and <br /> Upon the occurrence of an uncontested Event of Termination or a finding that termination is <br /> awarded pursuant to Section 7, Dudley, their heirs and assignees, at their sole cost and expense <br /> shall file a"Declaration of Termination of Easement" in the office of the Hennepin County <br /> Registrar of Titles. Upon such filing, the Reformed Easement and this Agreement shall be <br /> immediately void and have no further force or effect. In addition, upon to occurrence of an <br /> uncontested Event of Termination or a finding that termination is awarded pursuant to Section 7, <br /> Dudley, their heirs and assigns, at their sole cost and expense shall remove all improvements on <br /> and within the Reformed Easement, and restore the land to a natural sodded condition. Dudley, <br /> and their heirs and assigns, hereby irrevocably constitutes Peters, or his heirs and assigns, as their <br /> attorney in fact for the limited purpose to execute such Declaration in Dudley's (or their heirs' <br /> and assign's)name,place and stead in the event of an uncontested Termination or a finding that <br /> termination is awarded pursuant to Section 7 and Dudley, or their heirs and assigns, should fail to <br />