DECLARATION OF CROSS - EASEMENTS

____________________ , L.P., a Delaware limited partnership, having its principal office at is the owner of the property located at in the Borough of ___________ , County of ___________ , City and State of New York as more fully described in paragraph 1 hereof, having acquired the described property from on the day of by deed filed on __________ in the office of the Register of the County of __________ , State of New York in Reel ______ at page_________ hereby declares in respect of the described property as follows:

1. DEFINITIONS:

(A) The Property shall mean and include all that certain plot, piece or parcel of land including the buildings and improvements thereon, situate, lying and being in the Borough of ______________ , County of |_______________ , City and State of New York, known and designated on the tax map of the City of New York for the Borough of ____________ as and by Section _____ , Block ______ , Tax Lots ___________, being more particularly bounded and described as follows:

BEGINNING at a point ……

[INSERT DESCRIPTION]

(B) A "Lot" shall mean and include any one of the separate tax lots ( ) constituting and forming a part of the Property.

(C) The Architect is __________________________ .

2. CONVEYANCE.. If, at any time in the future, any one or more of the Lots shall be severed from the other Lots by separate ownership in fee, then, in such case, the owners of each and every one of the Lots shall have, at any and all times, and from time to time and except as otherwise limited by this declaration, access to, and the right of use in common with the occupants of each and every one of the other Lots, the concrete filled steel deck walkway and ramp commencing on the east side of Lot and spanning parallel with across the north side of each of the four story buildings presently improved on the Property ("Walkway"), identified as "New Ramp System" and "New Walkway" on Architect's drawing No. __________ ( Site Plan and Landscape Details) and as marked on a reduced copy of the Architect's said drawing which is annexed hereto as Exhibit A.

3. USE: The right of way created by this declaration shall be used by the occupants for the purposes of obtaining ingress to and egress from the four story buildings presently located on the Property. The Walkway shall not be used by any occupants for any purpose except pedestrian passage over and across the Walkway as a means of obtaining ingress to and egress. No bicycles or motored vehicles other than electronic wheelchairs shall travel across the Walkway.

4. DURATION: The easements, rights and privileges created by this declaration shall cease and terminate upon the permanent removal of the Walkway, or a portion thereof solely in the event of the repeal of the applicable laws under which compliance is sought by the construction of the Walkway, or any amendments to such applicable laws provided the result of said amendment would be similar to a repeal thereof.

5. MAINTENANCE: The owners of each and every Lot shall contribute with the owners of each and every other Lot an amount equal to one-third (1/3) of the cost of any material and labor used in the repair, replacement and/or maintenance of the Walkway. Without limiting the foregoing, the duty to maintain also applies to the removal of snow.

6. OBSTRUCTION: The rights granted by this declaration shall be exercised with due regard for the rights of others and their use of such easement, and the Walkway shall not be used by any person in any way that will impair the rights of others to use it, and shall not obstruct passage thereon.

7. BINDING EFFECT: This declaration of easement shall run with the land and shall be binding upon and shall inure to the benefit of , its successors and assigns, and any person or other entity that at any time hereafter shall become the owner of any one or more of the Lots, their respective heirs, successors and assigns.

8. MODIFICATION: Any modification of this declaration shall be binding only if evidenced in writing signed by each owner of the respective Lots constituting and forming a part of the Property and recorded in the appropriate governmental office.

IN WITNESS WHEREOF, this declaration of easement has been executed on this _____ day of ___________ , 19____ with the intent that it shall be recorded in the office of the Register of the County of ________ , State of New York.

(Signed and Acknowledged)