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11-14-2005 Council Packet
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11-14-2005 Council Packet
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S'- <br />has been given a written noboe specifying the default and fails to cure it within <br />ten (10) days of such notice, or within such longer period of time as may be <br />reasonably required to cure such default, up to a maximum of thirty (30) days. <br />(d) t^oiiacHon of Cost Shares . Each present Owner of a Parcel, and <br />each future Owner of a Parcel, whether or not it shall be so expressed in the <br />conveyance or assignment to such Owner, hereby covenants with the Owners of <br />each of the other Parcels that such Owner shall pay promptly when due such <br />Owner's Cost Share of Easement Area Costs. Each Owner's Cost Share of <br />Easement Area Costs, together with interest at the Default Rate, <br />attorneys' fees incurred in col <br />Parcel ftom the date such Cost Share, or any Installment payment thereof. <br />becomes deUnquent. and such lien may be enforced by foreclosure thereof in the <br />same manner as a mortgage either by action or by advertisement, the power of <br />sale being hereby expressly granted. However, such lien shall be subordinate to <br />the Hen of any first mortgage on a Parcel, and the sale or transfer of a Parcel <br />mortgage <br />extinguish the Hen of such Percentage Share as to payments thereof which <br />became due prior to such sale or transfer. No such sale or transfer shall relieve <br />a Parcei or Ha Owner from liability for any installments of Easement Area Costs <br />thereatter becoming due or from the Hen thereof. Any lien dabn filed for record <br />pursuant hereto shaH tarmin a tB one (1) year after the filing thereof, unless a <br />foreclosure by advertisement or by action has been IntHated before the end of the <br />one*year period. In addition, each such inctoMment of Easemerrt Area Costs, <br />i <br />i <br />•^1
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