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2. That the owners will and do hereby assume and agree to pay a proportionate <br />share of the costs of constructing, maintaining, repairing and replacing, if necessary, the <br />private road over said easement described herein to at least a standard of quality equal to <br />a private road, and as may be required from time to time by the ordinances of the City of <br />Orono in regard to private roads. <br />Each owner's share of such costs shall be due and payable on the date such costs for <br />construction, maintenance or repair are due and payable to the person or entity rendering <br />an accounting therefore. Each owner's share of such costs shall bear interest at the rate of <br />eight (8 %) per annum from such due date to the date of payment. Any owner may bring <br />action, on behalf of the non -defaulting Owners, to collect a defaulting Owner's share of such <br />costs which are not paid when due, and shall be entitled to recover such reasonable <br />attorney's fees as the court may allow, together with all necessary costs and disbursements <br />incurred in connection therewith. <br />No Owner may exempt himself from the liability for assessments by waiver of the use <br />or enjoyment of any of the private road or by the abandonment of his lot. <br />In the event that the Owners of each Lot described herein fail to construct, maintain, <br />repair or replace the private road as provided for herein, it is agreed by all parties that the <br />City of Orono may undertake to construct, maintain, repair and replace the private road as <br />provided for herein, and that such actions by the City of Orono, will not result in the private <br />road's becoming a public roadway, and that each of the Owners will pay to the City of <br />Orono one-half (112) of the cost incurred by the City of Orono within thirty (34) days of the <br />receipt of such charges, or else such charge shall become a lien upon each Lot at the <br />proportion as provided for herein. Said half shares are to be determined by dividing the <br />total costs of construction, maintenance, repair, or replacement, including without limitation, <br />the cost of cleaning, snow removal, surfacing and resurfacing, by two; and each Owner shall <br />become liable for their share from and after the date of this Declaration. <br />3. Each of the Owners of a Lot described herein hereby covenants with each of <br />the Owners of the other Lot described herein, and each Owner of a Lot described herein, <br />by acceptance of a deed therefore, whether or not it shall be so expressed in such <br />conveyance, shall be and hereby is deemed to covenant with the then Owners of the other <br />Lot described herein, that he/she/they shall pay promptly when due his/her/their share of <br />the costs described in the preceding paragraph. The costs described in the preceding <br />paragraph shall be a personal obligation of the person or persons who are the owner(s) of <br />such Lot at the time when such costs were incurred, and said obligation shall not pass to <br />his/her/their successors in title unless expressly assumed by them. <br />4. The private road shall be used strictly in accordance within the easements <br />granted therefore. Except as herein provided, no Owner shall obstruct or interfere <br />whatsoever with the rights and privileged of other Owner in the private road and nothing <br />shall be planted, altered, constructed upon or removed by an Owner from the private road. <br />K3 <br />