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3. Duration. The term of said easement shall continue so long as the building <br /> currently located on Grantee's Property, legally described in Section B above, remains on <br /> Grantee's Property. If said building is destroyed or removed for any reason or by any cause, said <br /> easement shall terminate. Otherwise, the easement is intended to and shall run with the land and <br /> the benefits and burdens of the easement herein created shall pass to the heirs, successors and <br /> assigns of the parties in and to their respective properties benefited and burdened by these <br /> easements. <br /> 4. Costs and Attorneys' Fees. If any party hereto shall bring any suit, arbitration or <br /> other action against another for relief, declaratory or otherwise, arising out of this Agreement,the <br /> prevailing party shall have and recover against the other party, in addition to all costs and <br /> disbursements, such sum as the Court, or arbiter may determine to be a reasonable attorney's fee. <br /> 5. Specific Performance. If any party shall default in its obligations under this <br /> Agreement, the parties each acknowledge that it would be extremely difficult to measure the <br /> resulting damages. Accordingly, any nondefaulting party, in addition to any other rights or <br /> remedies, shall be entitled to restraint by injunction of a violation, or attempted or threatened <br /> violation, of any condition or provision of this Agreement, or to a decree specifically compelling <br /> performance of any such condition or provision. In such event, all parties hereto each expressly <br /> waive their defense that a remedy in damages or at law would be adequate. <br /> 6. Mediation. If any claim arises out of this Agreement, the parties shall endeavor <br /> to resolve it by good faith mediation. <br /> 7. Documents. Each party to this Agreement shall perform any and all acts and <br /> execute and deliver any and all documents as may be necessary and proper under the <br /> circumstances in order to accomplish the intents and purposes of this Agreement and to carry out <br /> its provisions. <br /> IN WITNESS WHEREOF, the parties have caused this Agreement to be duly signed as of <br /> the day and year first above written. <br /> GRANTOR: <br /> FTW, LLC The Living Trust of Rex and Lorena <br /> A Washington limited liability company Strickland dated December 15, 1960 for <br /> the benefit of Barbara Frances Strickland <br /> Bailey <br /> By: By: <br /> Its Member Co-Trustee <br /> By: <br /> Co-Trustee <br /> 33 3 <br />