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Exhibit 3 <br /> general real estate taxes on said Project Site or Project without first obtaining the prior written approval of <br /> the City of Decatur. Nothing herein shall be construed so to prevent Declarant from contesting the <br /> assessment or collection of any taxes under statutory procedures set forth in the Illinois Compiled <br /> Statutes; provided that the Declarant, its successors and assigns shall give the City of Decatur fifteen (15) <br /> days prior written notice of its intent to contest the assessment or collection of taxes. <br /> GENERAL PROVISIONS <br /> 4. It is intended and agreed that the covenants provided in Sections 1 and 3 of this Declaration <br /> shall remain in effect until the termination of the Agreement; provided, that all such covenants shall be <br /> binding on the Declarant only for such period as the Declarant maintains a direct ownership interest in the <br /> Project Site or Project or part thereof(excluding, for example, an interest therein solely as a creditar or <br /> mortgagee), and only with respect to such direct ownership interest in the Project Site or Project or part <br /> thereo£ The termination of the covenants in Sections 1 and 3 shall be effective upon the happening of the <br /> events described in this Section 4 without any further action by either Declarant or the City and without <br /> the recording of any release or other document. <br /> 5. Subject to Section 4 above, it is intended and agreed that the covenants set forth in Sections 1 <br /> through 3 above shall be covenants running with the land and that they shall in any event and without <br /> regard to technical classification or designation as legal or otherwise, be binding to the fullest extent <br /> permitted by law and equity, for the benefit and in favor of and enforceable by the City and with regard to <br /> Section 2 above,the City,the State of Illinois, and the United States of America. <br /> 6. Failure by the City or as the case may be, by the State of Illinois or the United States of <br /> America to enforce any covenant or restriction herein contained, shall in no event be deemed a waiver of <br /> the right to do so thereafter. <br /> 7. Invalidation of any one of these covenants or restrictions by judgment or court order, shall in <br /> no way affect any other provisions, which shall remain in full force and effect. <br /> 8 Covenants and restrictions of this Declaration may be amended by the Declarant only by duly <br /> recording an instrument, executed and acknowledged by the City. <br /> Executed at Decatur, Illinois, on the date first above written. <br /> PACE HOSPITALITY LLC <br /> Illinois Corporation <br /> By: <br /> Print Name: <br /> Title: <br /> City of Decatur/PACE HOSPITALITY LLC 27 <br />