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•• • <br />4. MATNTKNANCE AND CONSTRUCTION AND COMPLIANCE. At the lime <br />the Property is developed, the owner of the Property will, at their sole cost and expense, <br />constnict the driveway and parking areas on the Easement Parcels and maintain end repair such <br />improvements C'lmprovements*’)'. Upon completion of said Improvements, Grantor shall keep <br />the parking and ingress and egress portions of the Easements in good repair, with stripes <br />designating parking spaces and in compliance with all applicable rules, regulations, laws and <br />ordinances. <br />5. INDEMNTnCATION AND HOLD HARMLESS. Each of the parties hereto <br />hereby agrees to indemnify and hold the other harmless from any loss or damage resulting from <br />their use of the Easement Parcels by themselves, their customers, guests, invitees, licensees or <br />other users of said Easements. Grantee shall carry commercial general liability insurance <br />Coinsurance**) in an amount of not less than One Million and No/100 Dollars ($1,000,000) for use <br />of the Easements as set forth herein. <br />6. ENFORCEMENT. If any party to this Agreement seeks to enforce any tenn or <br />provision of this Agreement against the other, the non-prevailing party, in addition to any <br />judgment or award against them, shall also pay the prevailing party’s reasonable attorneys’ fees, <br />paralegal fees, costs and disbursements. <br />7. OWNERSHIP. The Grantor warrants that they are the Contract for Deed <br />purchaser of the Property and has the right to make this conveyance. Grantor covenants that the <br />Grantee, its successors and assigns, may quietly enjoy the Easement Parcels for the uses set forth <br />herein. <br />8. APPURTENANT EASEMENT. This Easement shall be appurtenant to and run <br />with the Grantee Parcel. <br />9. SUCCESSORS OR ASSIGNS. This Agreement shall be binding upon the <br />successors or assigns of the parties hereto. <br />IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year <br />above first written. <br />CONSENT TO EASEMENT <br />North Central Conservative Baptist Association, the Fee Owner of the Property, hereby <br />consents and agrees to the terms and conditions of this Agreemeni. <br />M <br />• I <br />H2590/2«V$03!.DOC