DECLARATION OF PRIVATE UTILITY and ACCESS EASEMENT - 3 <br /> <br /> <br />6. Notices. All notices required or permitted to be given shall be in writing and shall <br />be deemed given and received on personal service or deposit in the United States Mail, certified <br />or registered mail, postage prepaid, return receipt requested, addressed to the owner of the Parcel <br />at the address then on record with the Lane County Assessor for the owner of the Parcel. Such <br />addresses may be changed by written notice, given in the same manner. Notice given in any manner <br />other than the manner set forth above shall be effective when received by the party for whom it is <br />intended. <br /> <br />7. Recording. Declarant shall promptly record this Declaration in the Official <br />Records of Lane County. <br /> <br />8. Attorney Fees. If litigation is instituted with respect to this Declaration, the <br />prevailing party shall be entitled to recover from the losing party, in addition to all other sums and <br />allowable costs, its reasonable attorney fees, both in preparation for and at trial and any appeal or <br />review, such amount to be set by the court before which the matter is heard. <br /> <br />9. Binding Effect. The covenants, easements and restrictions contained herein run <br />with the Parcels, including any future subdivision or partition thereof. This Declaration shall be <br />binding on and inure to the benefit of the parties and their respective heirs, successors and assigns <br />of the interest in the Parcels. <br /> <br />10. No Waiver. Granting a waiver or failing to enforce a covenant, easement or <br />restriction contained herein in one or more instances shall not constitute a waiver of the right to <br />enforce a covenant, easement or restriction in the future. <br /> <br />11. Governing Law; Interpretation. This Declaration shall be governed by the laws <br />of Oregon. If a court of competent jurisdiction holds any portion of this Declaration to be void or <br />unenforceable as written, the parties intend that (1) that portion of this Declaration be enforced to <br />the extent permitted by law, and (2) the balance of this Declaration remain in full force and effect. <br /> <br />12. Amendments. Any modifications, changes, additions, or deletions to this <br />Declaration must be approved by both parties, in writing. <br /> <br />13. Termination. The easements and obligations contained in this Declaration shall <br />terminate only upon mutual written agreement between the parties. <br /> <br />14. Pronouns; Electronic Copies. With respect to any pronouns used in this <br />Declaration, each gender used shall include the other gender and the singular and the plural, as the <br />context may require. An electronic copy of the original executed Declaration shall be binding. <br /> <br />15. Statutory Statements. Reference to this Declaration and any required statutory <br />statements shall be included in all deeds or other instruments conveying all or any portion of the <br />Parcels. <br /> <br />[Remainder of page intentionally left blank.]