<br />3 – VARIABLE WIDTH PRIVATE UTILITY AND JOINT ACCESS EASEMENT <br /> (Lots 1, 2, 6, 7, 11 and 12) <br />If any lien is filed against any other Owner’s property which the Owner performing the work <br />wishes to protest, then the Owner performing the work will immediately notify the other Owner <br />of the basis for its protest and must deposit cash with the other Owner, or procure a bond acceptable <br />to the other Owner, in an amount sufficient to cover the cost of removing the lien from the other <br />Owner’s property. If the Owner performing the work fails to remove the lien or furnish the cash <br />or a bond acceptable to the other Owner within ten (10) days, the other Owner will be entitled to <br />satisfy the lien without further notice to the Owner performing the work, and the Owner performing <br />the work will immediately reimburse the other Owner for any sums so paid to remove any such <br />lien. The Burdened Owners will each pay the property taxes on the portion of the Easement Area <br />located on such Burdened Owner’s lot. <br />6. Indemnity. The Owners indemnify, defend and hold each other harmless from and against <br />all claims and losses arising out of or resulting from the indemnifying Owner’s use of the Easement <br />Area. <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, 7, 11 and 12, including any future subdivision or partition thereof. This Easement will be <br />binding on and inure to the benefit of the Owners and their respective heirs, successors and assigns <br />of any interest in Lots 1, 2, 6, 7, 11 and 12. Declarant intends this Easement to continue and not <br />merge and to burden Lots 1, 2, 6, 7, 11 and 12 remain appurtenant to and to benefit Lots 1, 2, 6 <br />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.