Recording Documents for LA19-000046

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within ten (10) days of the delivery of a written request by the owner of the Burdened Property to the owner of the Benefitted Property, post a bond or other security adequate to release the Burdened Property from the attachment of the lien. 4. Taxes and Assessments, Compliance with Encumbrances. The fee owner of the Burdened Property shall, at its sole cost, pay, prior to the due date therefor, (a) all real estate taxes and special assessments of any nature assessed against the Burdened Property and (b) all assessments levied against Lot 3, Block 1, Little Orchard pursuant to that certain Declaration of Covenants, Conditions, Restrictions and Easements (Little Orchard) dated July 1, 1998, recorded July 30, 1998 as Document Number 6939561 (as may be amended from time to time, the "Little Orchard Declaration"). Subject to the foregoing, the fee owner of the Burdened Property shall at all times comply with the terms and provisions of all covenants, conditions, restrictions, easements and declarations of record affecting the Burdened Property, including, without limitation, the terms and provisions of the Little Orchard Declaration. 5. Miscellaneous. The benefits and burdens of the easement and covenants contemplated herein shall be perpetual and run with title to, and shall inure to the benefit of the Benefitted Property, and shall run with title to, and be binding upon the present and future owners of, the Burdened Property, and shall be subject to that portion of any perimeter drainage and utility easement that is dedicated in the recorded plat of Little Orchard. This Agreement shall be interpreted in accordance with Minnesota law. Common ownership of the Benefited Property and the Burdened Property, or any portions thereof, shall not cause this Declaration to be extinguished in whole or in part by operation of merger. [signature pages follow]