Declaration of Covenants and Easements by TCDC of La Porte, Inc.

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e e 1, the Owner of Parcel 2 and the Owner of Parcel 3, respec- tively, have been granted, including without limitation the right to construct driveways, but not structures and buildings, in or over the easements granted herein. B. All easements herein granted are easements appurtenant to and running with the land and shall at all times be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. When used herein, "Owner of Parcel I" shall mean the Owner of Parcel 1 and its successors in interest to all or any part of Parcel 1, "Owner of Parcel 2" shall mean the Owner of Parcel 2 and its succes- sors in interest to all or any part of Parcel 2, and "Owner of Parcel 3" shall mean the Owner of Parcel 3 and its successors in interest to all or any part of Parcel 3. C. The owners of Parcels 1, 2 and 3, respectively, may bring an action at law or in equity against the Owner of any other parcel to collect any amounts owed to such owners or to enjoin use of the easements granted herein for failure to pay any amounts owed to such owners. D. It is expressly understood and agreed that the parties hereto do not intend that there be, and there shall in no event be, a merger of the dominant and servient tenements hereunder by virtue of the ownership of any of said tenements being vested in the same person or entity, but. do intend that the easement servitudes shall not be extinguished thereby and that the said dominant and servient tenements be kept separate. E. The Owner of Parcel 1, the Owner of Parcel 2 and the Owner of Parcel 3 hereby acknowledge and covenant that any lien which might arise hereunder is and shall be subject and subor- dinate to the lien of (i) that certain Deed of Trust, dated as of November 1, 1981, from TCDC of LaPorte, Inc. to John Ellis, Trustee, for the benefit of First National Bank in Dallas, not in its individual capacity, but solely as Trustee under First Trust Indenture dated as of November 1, 1981, between Gulf -16-