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DOC #2025-0099985 Page 4 of 7 <br />7. This Declaration of Covenant and Waiver shall bind the undersigned, and the <br />undersigned's successors and assigns (individuals, corporations and other entities) and <br />grantees and tenants thereof. The acceptance by any person or entity of any conveyance <br />of any interest in the Property shall constitute acknowledgment of the terms of this <br />Declaration and agreement to be bound by this Declaration. <br />8. The undersigned waives any and all rights the undersigned may have <br />pursuant to California Civil Code section 1542 which states: <br />"A general release does not extend to claims that the creditor <br />or releasing party does not know or suspect to exist in his or her favor <br />at the time of executing the release, and that, if known by him or her, <br />would have materially affected his or her settlement with the debtor or <br />released party <br />9. In the event any action is commenced to enforce or interpret any of the terms <br />or conditions of this Declaration of Covenant and Waiver the prevailing party in such action, <br />in addition to recovery of its costs and other relief, shall be entitled to the recovery of its <br />reasonable attorneys' fees. <br />This Declaration of Covenant and Waiver shall be a covenant running with the Property and <br />shall inure to the benefit of the Benefitted Parties, their successors and assigns. <br />djm\agree\ Declaration of Covenant and Waiver 6-14-06 3 <br />