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4. This Obligation runs with Land. This Obligation and the covenants created herein <br /> shall constitute covenants running with the Land(APN 205-150-39), as defined in California <br /> Civil Code Section 1462,so as to bind and benefit successors,heirs and assigns of the Obligors. <br /> 5. Notices. All notices to be given hereunder shall be in writing and may be served <br /> either personally or by certified mail,return receipt requested, postage prepaid,to the persons <br /> and addresses set forth below or to any other address provided by one to the other from time to <br /> time in writing. When personally delivered to the recipient,notice is effective on delivery. <br /> Otherwise notice is effective on receipt,if delivery is confirmed by a return receipt. <br /> If to Obligors: <br /> Dirk L. Dykxhoorn and Donna M. Dykxhoorn,husband and wife as Joint <br /> Tenants <br /> 11253 S Van Allen Rd <br /> Escalon,CA 95320 <br /> If to County: <br /> San Joaquin County <br /> c/o Director of Public Works <br /> 1810 E. Hazelton <br /> Stockton, CA 95220 <br /> 6. Repairs. Upon reasonable notice, or in the event of emergency,as determined by <br /> County's Director of Public Works with no advance notice, it is agreed that County is authorized <br /> to undertake all necessary repairs or other preventative measures at Obligors' expense. In the <br /> event Obligors,or its successors or assigns, fails to accomplish the necessary maintenance <br /> contemplated by this agreement,within five(5) days of being given written notice by the <br /> County,the County is hereby authorized to cause any repairs necessary as determined by <br /> County's Director of Public Works. In the event of failure to reimburse County for work <br /> performed, a lien will be placed on the Land in the amount of the cost of the work performed. <br /> 7. Applicable Law. The Obligors agree that this Obligation shall be subject to and <br /> construed in accordance with the laws of the State of California. <br /> 8. Severability. The Obligors agree that in the event that any of the terms and <br /> conditions of this Obligation is found to be invalid by a Court of competent jurisdiction,then <br /> the remainder of the Obligation shall be accorded with the fullest of facts feasible under the then <br /> existing circumstances. <br /> 9. Misc. This Obligation may be amended or modified only by the mutual written <br /> agreement of the parties. This Obligation constitutes the final complete and exclusive statement <br /> of the term of the agreement between the parties pertaining to the subject matter and suspends all <br /> prior understandings and agreements of the parties. <br /> 2 <br />