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<br />however. that the location of the easements hereby reserved shall, <br />to the extent practicable, be limited to the location of the private <br />drives, lanes, streets. roads, and rights-of-way existing within the <br />Common Elements at the time or times that the easements hereby <br />reserved are created. <br /> <br />The easements herein reserved may be created in the event that. and from time <br />to time as, one or more Excluded Parcels are created due to lapse of time or <br />termination pursuant to Section 2 of this ARTICLE XI. As evidence of the <br />creation of one or more of the easements reserved in this Section 9, the then <br />owner or owners of the Excluded Parcels for whose benefit the easement is <br />created shall execute and cause to be filed for record a Declaration of <br />Easement setting forth a description of the easements thereby created and a <br />description of the Excluded Parcels so benefited by the easements thereby <br />created. No consent or joinder of the Association or any Owner or any <br />mortgagee or other holder of an interest in any Lot or Excluded Parcel as <br />security for the performance of an obligation. nor any release therefrom, <br />shall be required to effect or to evidence the creation of the easements <br />hereby reserved. In addition. the owner of an Excluded Parcel or of a platted <br />lot within an Excluded Parcel may at any time waive or terminate any easement <br />hereby reserved or hereafter created for the benefit of such owner's Excluded <br />Parcel or platted lot within an Excluded Parcel, as the case may be, by the <br />execution and recording of an instrument specifying such waiver or <br />termination. and without the necessity of any consent or joinder by the <br />Association. any Owner. or any mortgagee or other holder of an interest in any <br />Unit or Excluded Parcel or platted lot within an Excluded Parcel as security <br />for the performance of an obligation, or any release therefrom. In the event <br />that easements reserved in this Section 9 are created. the Owners and the <br />owner or owners of the Excluded Parcels benefited by such easements shall, so <br />long as the easements reserved herein are in existence. share all expenses of <br />maintaining. repairing and replacing the private drives, lanes, streets, <br />roads, or rights-of-way, and the utility lines, pipes, wires and other <br />facilities, which may be commonly used pursuant to the easements herein <br />reserved in the following manner. A portion of any such costs and expenses <br />equal to a fraction, the numerator of which is the number of Living Units in <br />the Property and the denominator of which is the total number of Living Units <br />in the Property plus the total number of units, lots or other individual <br />parcels within the Excluded Parcels benefited by such easements. shall be paid <br />by the Association. The balance of any such costs or expenses shall be paid <br />by the owner or owners of the Excluded Parcels benefited by such easements. <br />Any portion of the costs and expenses to be paid on account of the Property <br />shall be paid by the Association as a common expense. Notwithstanding the <br />foregoing, if one or more Excluded Parcels benefited by such easements are <br />used for other than residential purposes. then such costs and expenses shall <br />be apportioned to. and shared by the Association and the owner or owners of <br />such Excluded Parcel or Parcels on a fair and equitable basis. <br /> <br />-24- <br />