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located within the Common Driveway easement Area, and to pay other Common Driveway <br /> Easement Expenses. <br /> 4.3 Annual Assessment. The Owners shall fix the amount of annual assessments and <br /> the dates and methods of payment. <br /> 4.4 Special Assessment for Capital Improvements. Special assessments for the <br /> purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or <br /> replacement of a capital improvement shall be levied only with the assent of the Owners of the <br /> Lots. <br /> 4.5 Uniform Rate of Assessment. Both annual and special assessments shall be fixed <br /> at a uniform rate for all Lots, and may be collected on a monthly, quarterly or annual basis, as <br /> determined from time to time by the Owners. <br /> 4.6 Effect of Nonpayment of Assessments. Any assessment not paid within thirty <br /> (30) days after the due date shall bear interest from the due date until paid, at a rate equal to the <br /> lesser of the highest rate permitted by law, or eight percent (8%) per annum. The Owners may <br /> bring an action at law against the other Owner who has not timely paid an assessment for which <br /> such Owner is personally obligated (a"Defaulting Owner"), and/or foreclose the lien against the <br /> Lot owned by the Defaulting Owner,to collect any assessment owed by the Defaulting Owner. <br /> No Owner may waive or otherwise escape liability for the assessments provided for herein by <br /> non-use of the Common Driveway Easement Area or abandonment of a Lot. A suit to recover a <br /> money judgment for unpaid assessments and expenses hereunder may be maintained without <br /> foreclosing or waiving the lien securing the same. <br /> 4.7 Lien for Assessments. All sums assessed to any Lot pursuant to this Article, <br /> together with interest thereon and other costs as provided herein, shall be secured by a lien <br /> 1021479v5 6 <br />