2006-P10351 - land alteration - Laserfiche WebLink

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any mortgagees, shall be a valid permanent encumbrance against Lot 1,which is not subordinate to any prior liens or encumbrances,with the exception of any utility and drainage easements of record that do not interfere with or impair the use of the new driveway improvements to be installed by Lansings as provided in this Agreement. At such time as all of the terms, conditions and undertakings described in this paragraph have been satisfied and fully performed by Lansings, Lansings and Suddendorfs shall execute and deliver the Declaration, in duplicate, and a fully executed, recordable original of the Declaration with mortgagees' consents completed and executed shall be delivered to Lansings and to Suddendorfs(i.e. one original to each). If all of the tennis, conditions and undertakings described in this paragraph have not been fully satisfied and performed by Lansings by November 30, 2006, Suddendorfs shall be entitled to terminate their agreement to execute the Declaration upon thirty (30) days written notice to Lansings, whereupon the Existing Driveway Easement shall remain in effect and Suddendorfs shall have no obligation to execute the Declaration or terminate and release the Existing Driveway Easement. 4. Miscellaneous. A. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective heirs, successors and assigns. B. If any action,lawsuit or other proceeding is initiated to enforce the provisions of this Agreement, the prevailing parties in such action, lawsuit or proceeding shall be entitled to recover, and the non-prevailing party agrees to pay, all reasonable attorney's fees, costs and expenses incurred by the prevailing party. Such recovery of attorney's fees and costs shall be in addition to any and all other remedies available, at law or in equity. The rights and obligations of c:\Suddendorf\Agreement.clean.083006 - 6 -