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repairs. The Easement Area shall remain improved with a driveway to accommodate the uses described above. 4. Successors and Assigns. This Easement and all of its terms, covenants and conditions shall inure to the benefit of and be binding upon the Remainder Owner and the Parcel A Owner, their heirs, executors, administrators, successors, transferees, personal representatives and assigns. The Owner intends that the terms, covenants and conditions of this Easement shall be covenants running with the Remainder Property and Parcel A in accordance with Section 1468 of the California Civil Code, and that such covenants shall be appurtenant to and shall benefit and burden the respective properties, with the effect that the provisions of this Easement shall be binding upon and inure to the benefit of current and future owners of such properties. 5. Attorneys' Fees. In any action to enforce any of the provisions or rights under this Easement, the unsuccessful party or parties to such litigation, as determined by the court in a final judgment or decree, shall pay the successful party or parties all costs, expenses and reasonable attorneys' fees incurred by the successful party or parties (including, without limitation, costs, expenses and fees on any appeals). 6. Governing Law. This Easement shall be construed and governed in accordance with the laws of the State of California as applied to instruments between California residents which are wholly performed in California. 7. Exhibits: Execution. The Exhibits attached to this Easement are incorporated herein by this reference. This Easement may be executed in counterparts, each of which shall be an original, and all of which together shall be one instrument binding upon the parties hereto. In Witness Whereof, the Owner, in its capacity as the Remainder Owner and the Parcel A Owner, has executed this Easement effective as of the date first above written. OWNER: Mike Erceg / Jaqueline Erceg