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. � , . • <br /> , „ . . <br /> {03) A survey of said easement a:�eas is attach�3d hereto a <br /> "Exhibit Ap and is incorpor���ed herein fo:: reference <br /> purposee. <br /> (04� The foregoing easement descriptions sha11 hereinafter <br /> collectively be referred to as the "drive��►ay area" . <br /> � 2. Main�enance Agreement. <br /> Each of 5�1f� LO�S 17 and 18, Block 6� Nav3rre He3ghts <br /> and the owners thereot sha11 be charged with paying <br /> fifty percent {50�y o£ the cost of mainte�an.ce of the <br /> driveway area. "Maintenance", as the tern is used <br /> herein, shall mean normal, ordinary maint�nance, <br /> repair and replacement of the driveway araa, <br /> including, without limita�ian, snowplowin�, patching, <br /> overlaying and replacement as is necessary ta maintain <br /> a driveway consistent with residential standards in <br /> the community in which the property is located. <br /> Each owner of each said i�ot 17 and Lat 18 shall be <br /> personally, jointly and saverally responsible to pay <br /> his or her respective fifty percent (5D�) allocation <br /> of said costs. In addition, any such unpaid costs <br /> shall constitute a lien upan the property of such <br /> owner, inferior, however, to the lien of any firs� <br /> mortgage recorded or to be recorded thereon,and a].so <br /> inferior to any mortgage af record on the date hereo�. <br /> Delinquent payments sha11 r•ear interest at eight <br /> percent (8�? per annum fron. their due date until paid. <br /> Any owner of said Lot 17 or• said Lot 18 nay bring an <br /> action under paragraph 4 hereof on behalf of the rion- <br /> deFaulting owner(s) to collect a defaulting owner's <br /> share of such costs, and, i�x such event, shall be <br /> entitled to recover such reasonable attor�ney's fees <br /> and aI1 ne�essary costs anc! disbursement� incurred in <br /> connection with said colZer.tion action. <br /> The driveway area is intended to be used for ordinary, <br /> residenti�l traEfic by the ownera of saic. Lots ].7 and <br /> 7.8, and their guests. Any use which is out o£ the <br /> ordinary, such as construct.ion traffic wY..ich causes <br /> 3 <br />