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receive more or less beneficial use from the Easement Area. In <br /> addition to the personal, joint and several obligation of the <br /> owners to pay their respective percentage shares of maintenance <br /> costs, any unpaid maintenance charges shall also be a lien upon the <br /> respective Benefitted Properties. Said lien shall be subordinate <br /> at all times to the lien of any first mortgage now or hereafter <br /> placed against the properties. No owner may seek to avoid payment <br /> of his or her or its maintenance obligations, nor avoid the <br /> imposition of a lien on such owner's Lot by abandoning the <br /> easement. <br /> 3. Dispute Resolution. Disputes among the Benefitted Owners <br /> arising under paragraph 1. and paragraph 2 . of this Agreement shall <br /> be settled in arbitration according to the rules then in effect of <br /> the American Arbitration Association. <br /> 4 . Termination. This Easement Agreement, and all rights, <br /> obligations, privileges and provisions herein, will automatically <br /> terminate at any time City dedicates the Easement Area for public <br /> road purposes. <br /> 5. Prior Document Terminated. This Grant of Easement amends <br /> and supersedes in its entirety that certain Grant of Easement dated <br /> November , 1993, recorded 1993 in the office <br /> of the Recorder in and for Hennepin County, Minnesota as Document <br /> No. , and the same is irrevocably and unconditionally <br /> terminated and of no further force and effect, effective as of the <br /> date hereof. <br /> 6. Binding Effect. The easements and obligations granted <br /> or contained herein shall run with the Benefitted Property and the <br /> City Property and be binding upon and inure to the benefit of City <br /> and Benefitted Owners, their successors and assigns, until such <br /> time as this instrument is terminated as herein provided. <br /> 7. Indemnification. The Benefitted Owners hereby agree to <br /> indemnify and hold City harmless from all loss, claims or causes <br /> of action, including attorney's fees and costs in defense thereof, <br /> that may arise or result from any acts of Benefitted Owners, and <br /> their invitees use of the Easement Area. <br /> 8. Counterparts. This Easement Agreement may be executed <br /> in multiple counterparts, each of which shall be deemed an <br /> original, but all of which counterparts together shall constitute <br /> one and the same instrument. <br /> 9. No Warranties. This Easement Agreement is subject to the <br /> rights of all other parties having an interest in or right to use <br /> the Easement Area. <br /> 2 <br />