Laserfiche WebLink
G . Subsequent Transfers . Grantor agrees to incorporate the terms of this Easement in any deed or other <br /> legal instrument by which Grantor divests any interest in all or a portion of the Property , <br /> including , without <br /> limitation , a leasehold interest . Grantor further agrees to give written notice to Grantee of the transfer of any interest <br /> at least twenty (20) days prior to the date of such transfer . The failure of Grantor to perform any act required by <br /> this <br /> paragraph shall not impair the validity or priority of this Easement or limit its enforceability in any way . <br /> H . Notices . Any notice , demand, request, consent, approval , or communication that either party desires or <br /> is required to give to the other shall be in writing and either served personally or sent by first class <br /> mail , postage <br /> prepaid, addressed to the parties as set forth above , or to such other addresses such party may establish in writing <br /> to <br /> the other. <br /> I . Recordation . Grantee shall record this instrument and any amendments in timely fashion in the <br /> official records of Indian River County , Florida , and may re-record it at any time as may be required to preserve <br /> its <br /> rights in this Easement . <br /> J . Non -Homestead Certification . Grantor hereby certifies that if a Grantor who is married signs this <br /> Easement without the joinder of his or her spouse, the Property is neither the homestead of Grantor nor the primary <br /> physical residence of Grantor, nor is the Property contiguous to the homestead or primary physical residence <br /> of <br /> Grantor . <br /> K . Amendments . The terms and provisions of this Easement may be amended by the mutual consent of <br /> the parties hereto . No amendment shall be effective until executed with the formality of a deed and recorded in <br />the <br /> public records . <br /> L . Controlling Law . The laws of the State of Florida shall govern the interpretation and performance of <br /> this Easement . <br /> M . Liberal Construction . Any general rule of construction to the contrary notwithstanding, this <br /> Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and <br /> purpose of § 704 . 06 , Florida Statutes . If any provision in this instniment is found to be ambiguous , an interpretation <br /> consistent with the purpose of this Easement that would render the provision valid shall be favored <br /> over any <br /> interpretation that would render it invalid . <br /> N . Severability . If any provision of this Easement , or the application thereof to any person <br /> or <br /> circumstance , is found to be invalid , the remainder of the provisions of this Easement, or the application of <br /> such provision to persons or circumstances other than those as to which it is found to be invalid , as the <br /> case <br /> may be, shall not be affected thereby . <br /> O . No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor ' s title <br /> in any respect. <br /> P . Joint Obligation . The obligations imposed by this Easement upon Grantor shall be joint and several . <br /> Q . Successors . The covenants, terms , conditions , and restrictions of this Easement shall be binding upon , <br /> and inure to the benefit of, the parties hereto and their respective personal representatives , heirs , successors <br />, and <br /> assigns and shall continue as a servitude running in perpetuity with the Property . <br /> R. Termination of Rights and Obligations . A pasty' s rights and obligations under this Easement <br /> terminate upon transfer of the party' s interest in the Easement or Property , except that liability for acts or omissions <br /> occurring prior to transfer shall survive transfer . <br /> S . Captions . The captions in this instrument have been inserted solely for convenience of reference and <br /> are not a part of this instrument and shall have no effect upon construction or interpretation . <br /> BLAA04 , Revised 01 /26/06 7 <br />