<br />3 – 10’ WIDE PRIVATE UTILITY EASEMENT <br /> (Lots 1, 2, 6 and 7) <br />7. Notices. All notices required or permitted to be given will be in writing and will be deemed <br />given and received on personal service or deposit in the United States Mail, certified or registered <br />mail, postage prepaid, return receipt requested, addressed to the Owner of the relevant property at <br />the then-current address for such Owner shown on the Lane County Assessor’s records. 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 will be effective when received by the party for whom it is <br />intended. <br />8. Recording. Declarant will promptly record this Easement in the Official Records of Lane <br />County. <br />9. Attorney Fees. If litigation is instituted with respect to this Easement, the prevailing party <br />will be entitled to recover from the losing party, in addition to all other sums and allowable costs, <br />its reasonable attorney fees, both in preparation for and at trial and any appeal or review, such <br />amount to be set by the court before which the matter is heard. <br />10. Binding Effect. The covenants, easements and restrictions contained herein run with Lots <br />1, 2, 6 and 7, including any future subdivision or partition thereof. This Easement will be binding <br />on and inure to the benefit of the Owners and their respective heirs, successors and assigns of any <br />interest in Lots 1, 2, 6 and 7. Declarant intends this Easement to continue and not merge and to <br />remain appurtenant to and to benefit Lots 1, 2, 6 and 7. <br />11. No Waiver. Granting a waiver or failing to enforce a covenant, easement or restriction <br />contained herein in one or more instances will not constitute a waiver of the right to enforce a <br />covenant, easement or restriction in the future. <br />12. Governing Law; Interpretation. This Easement will be governed by the laws of Oregon. <br />If a court of competent jurisdiction holds any portion of this Easement to be void or unenforceable <br />as written, the Owners intend that (1) that portion of this Easement be enforced to the extent <br />permitted by law, and (2) the balance of this Easement remain in full force and effect. <br />13. Amendment and Termination. Any termination or modifications, changes, additions, or <br />deletions to this Easement must be approved by all of the Owners, in writing. <br />14. Electronic Copies. An electronic copy of the original executed Easement will be binding. <br /> <br />[Remainder of page intentionally left blank.]