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DITTER HILL TRACTS NO. 2 Declaration of restrictions, including the terms and provisions thereof, as set forth in instrument executed by Louis J. Ditter and Louise A. Ditter, and recorded April 21, 1971 in Book 701, l~ge 551, Deed Records for Marion County, Oregon as follows: "The undersigned, being the record owners and parties in interest of all of the following described real property located in the County of Marion, State of Oregon: Dltter Hill Tracts No. 2, Marion County,Oregon. (See Vol. 25, Page 22, Town Plats for sa~d County and State) do hereby prohibit the resubdivision of the lots contained in the above described real property without approval by the Marion County Planning Commission, specifying that this Declaration shall constitute a covenant to run with all of the land and shall be binding on all persons claiming under them and that this Restriction shall be for the benefit of and limitation upon all future owners of said real property. The foregoing restr~ction shall bind and enure to the benefit of, and be enforce- able by suit for Injunction or for damages by the owner or owners of any of the above described lands, their and each of their legal representatives, heirs, suc- cessors.or assigns; and a failure, either by the owners above named or their legal representatives, heirs, successors or assigns, to enforce such restriction shall in no event be deemed a waiver of the r~3ht to do so thereafter. Should suit or action be instituted to enforce the foregoing restriction after written demand for the discontinuance of a violation thereof and any failure so to do, then, whether said suit be reduced to decree or not, the owner seeking to enforce or to restrain any such violation shall be entitled to have arid recover from such defendant or defendants, in addition to the costs and disbursements ~llowed by law, such sum as the Court may adjudge reasonable as an attorney fee In .such suit or action.