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3. Declarant represents that he or she has a fee simple or easement interest in the land on <br />which the Drainage and Utility Easement is or will be located. Declarant represents that he or she <br />has obtained the consent of all other parties who may have an interest in the land on which the <br />Drainage and Utility Easement is or will be located to the creation of the restrictions and <br />covenants herein, and that, all such parties have agreed in writing to subordinate their interests to <br />these restrictions and covenants, pursuant to the attached Consent and Subordination <br />Agreement(s). <br />4. Declarant shall record or file this Declaration, pay all costs associated with <br />recording or filing. <br />5 These restrictions and covenants shall be unlimited in duration, without being re- <br />recorded. <br />5.(a) Shall, at Declarant's cost, establish and maintain permanent vegetative cover on <br />areas specified in the Drainage and Utility Easement for permanent vegetative cover, including <br />any necessary planting and replanting thereof. <br />5.(b) Shall not produce agricultural crops on the areas specified in the Drainage and <br />Utility Easement. <br />5.(c) Shall not graze livestock on the areas specified in the Drainage and Utility <br />Easement. <br />5:(d) Shall not place any materials, substances, or other objects, nor erect or construct <br />any type of structure, temporary or permanent, on the areas specified in the Drainage and Utility <br />Easement. <br />5.(e) Shall, at Declarant's cost, be responsible for weed control by complying with <br />noxious weed control laws and emergency control of pests necessary to protect the public health <br />on the areas specified in Exhibit A <br />5.(f) Shall comply with requirements that limit haying, mowing, timber removal or other <br />vegetative alterations that do not enhance or would degrade the ecological functions and values of <br />the Drainage and Utility Easement. <br />Page 2 of 3 <br />