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4 <br /> ingress, egress and regress over and on the said joint drive for access to the improvements located on <br /> the respective properties. <br /> TO HAVE AND TO HOLD the above-described easement as an <br /> appurtenance to the respective properties,which easement shall run with the respective properties <br /> forever. <br /> Article 3. This Agreement shall run with and be appurtenant to the respective properties and <br /> shall be binding upon the heirs,successors,and assigns of each current and future record owner of the <br /> aforesaid property. When used in this Agreement,the singular shall include the plural,the masculine <br /> shall include the feminine and the neuter, and vice versa, as the meaning may require. <br /> Article 4. Mercy Land and all future owners of the parcel the parcel more particularly <br /> described by the deed recorded in Deed book 6431, page 549, Orange County Registry and <br /> identified on the Orange County Land Records as PIN #9864-89-7423 shall be solely responsible <br /> for maintaining the driveway as constructed over and across the joint driveway unless and until <br /> such time as Orange County or any future owner of the property described by the deed recorded in <br /> Deed book 825, page 602 and identified on the Orange County Land Records as PIN <br /> #9864-89-6332 should begin regular use of the said driveway for access,at which time the respective <br /> property owners shall bear on a pro-rata basis the cost of maintaining the driveway as <br /> constructed. If any owner liable under this agreement shall cause any extraordinary wear and tear <br /> on or damage to the driveway by using or causing the use of the driveway by others for the <br /> transportation of building materials,well drilling equipment,heavy trucks or other extraordinary <br /> use resulting in damage, then and in said event, said owner shall be responsible to pay such <br /> extraordinary costs of maintenance as are caused by such use. <br /> IN WITNESS WHEREOF,Orange County has caused this instrument to be signed <br /> under seal by the Chair of its Board of Commissioners and his signature attested by the Secretary to <br /> the Board of Commissioners and Mercy Land Group, LLC has caused this instrument to be signed <br /> under seal by its Manager,the day and year first above written. <br /> [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK] <br /> 3 <br />