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-f <br /> days after Owner's receipt of such charges, ora else <br /> including <br /> payment has not been <br /> costs 1n collection thereof, shall become a lie upon the Lot for w <br /> made. <br /> 5.2 If an Owner shall violate any of the obligations, covenants, conditions <br /> or restrictions contained in this Declaration, the remaining Owners shall have the right to <br /> enforce this Declaration, and in the event an Owner's violation results in damage to the <br /> Roadway, Owners may restore the Roadway to its prior condition and assess the cost of such <br /> restoration against the violating Owner. Any such assessment sera become <br /> wers od any of <br /> payable <br /> upon the demand of any of said remaining Owners. All of the remaining <br /> them, shall have the right and power to enforce this Declaration and to collect the cost of any <br /> Maintenance required as a result of an Owner's violation, in a legal proceeding for that <br /> purpose. The prevailing party in any such legal proceedings shall further be entitled to <br /> recover such reasonable attorney's fees as the court may allow, together with all necessary <br /> costs and disbursements incurred in connection therewith. Nothing contained in this Section <br /> 5.2 is intended to alleviate any obligation e an Ownersy s meay ats are levied bysments to 1ty in <br /> C City as a <br /> accordance with Section 5.1 above. In theY <br /> result of violations of an individual Owner or Owners, then such non-violating Owners may <br /> collect such sums paid to City from any violating Owner, in accordance with this Section. <br /> 5. Binding Effect. This covenant shall run with the land and shall be binding on <br /> and inure to the benefit of the Owners, their heirs, representatives, successors and assigns. <br /> 6, No Amendment. This Declaration <br /> modified <br /> d by oall of the Owners, the1r nded only upon the <br /> recording of a document setting forth such amendment execu e <br /> mortgage lenders, City and any other party having a record interest in the Lots. <br /> 7. Severability. Invalidation of any covenant, condition, or restriction set forth <br /> herein by judgment or court order shall in no way affect any of the other provisions hereof, <br /> which shall all remain in full force and effect. <br /> g. Warranties ofTitle. Declarants represent and warrant that they are the lawful <br /> owners, in their capacities set forth herein, of the Roadway and the Lots and have full right, <br /> title and authority to enter into this Declaration. <br /> IN WTINESS WHEREOF, the parties have hereto executed this Declaration and <br /> covenant the day and year first above written. <br /> Monica . Fischer <br /> Robert F. Suess,­- <br /> 357=041104 <br /> uess,;35722041104 4/1/94 3 <br />