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el, Public or Private Road. The Declarants may dedicate the Easement Area to the
public servitude, to become a public road or right-of-way, a road (and related right-of-way)
accepted by the City of Nashua and/or a Class V road, and/or may designate the Easement Area
as a private road (as permitted under the Nashua Land Use Code), and in connection therewith,
cause to be filed with the City of Nashua and/or recorded with the Hillsborough County Registry
of Deeds instruments and plans effecting the same.
8. Utility Easements. The Declarants may grant easements to the City of Nashua
and/or any public or private utility providers in connection with the installation, maintenance,
the utility services referenced in Section 4 above.
9. Enforcement. The Benefited Parties may enforce their rights under this
Declaration by all remedies available at law and equity, including the remedies of specific
performance and mandatory injunction.
10. Law. This Declaration shall be governed by and enforced in accordance with the
laws of the State of New Hampshire.
ll. Binding Effect. This Declaration shall be binding upon the owners of the Open
Space, their successors, successors-in-title and assigns, and inure to the benefit of the Benefited
Parties, The rights and easements established under this Declaration shall be perpetual and run
with the land, and be appurtenant to Lot 57 and any lots subdivided therefrom. This Declaration
shall be effective, whether or not referenced in any deed of the burdened parties or the Benefited
Parties.
12, Amendment and Termination. So long as Etchstone Properties, Inc. is the sole
owner of Lot 57, it may amend and/or terminate this Declaration.
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