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NOW,THEREFORE,in consideration of the foregoing Recitals,which are incorporated in <br /> and made a part of this Agreement, and of the terms and conditions stated below, Lansings and <br /> Suddendorfs agree: <br /> 1. Release of Existing Driveway Easement and Establishment of Replacement <br /> Easement. Subject to the terms and conditions stated in this Agreement,Lansings and Suddendorfs <br /> agree that they shall execute and deliver the Declaration and Dedication of Driveway Easement in <br /> the form attached to this Agreement as Exhibit A("Declaration"), Exhibit A being incorporated in <br /> this Agreement by reference. The Declaration shall be executed by the parties and delivered at such <br /> time as the terms, covenants and conditions stated in Paragraph 3 of this Agreement have been <br /> satisfied. The Declaration shall be recorded as an encumbrance against Lot 1,and shall burden and <br /> benefit Lot 1 and Lot 2. The Declaration shall also be recorded on Lot 2. <br /> 2. Consideration. The consideration for Lansings' execution of this Agreement and <br /> performance of the terms, covenants and conditions stated herein is the Suddendorfs' agreement to <br /> tenninate and release the Existing Driveway Easement. The consideration for Suddendorfs' <br /> execution of this Agreement and performance of the terms,covenants and conditions stated herein is <br /> the Lansings' agreement to grant the New Driveway Easement and comply with and perfolin all of <br /> the terms,covenants and conditions stated herein, including payment of all of the costs and expenses <br /> described in Paragraph 3. <br /> 3. Terms and Conditions for Release of Existing Driveway Easement and Execution of <br /> Declaration. Suddendorfs'agreement to terminate and release the Existing Driveway Easement and <br /> execute and deliver the Declaration is subject to and contingent upon Lansings'performance of the <br /> following terms, covenants and conditions: <br /> c:\Suddendorf\Agreement.clean.083006 - 2 - <br />