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09-11-1978 Planning Packet
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09-11-1978 Planning Packet
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2/9/2023 12:50:44 PM
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nsferred, sold, conveyed and <br />'asements are hereby granted <br />•s thereof, as follows: <br />lement for roadway purposes <br />Tty described as Outlet B, <br />:h easement is outlined in <br />lit A, attached hereto and <br />:i1ities and drainage easements <br />of Stielow's Addition, a <br />:hed hereto as Exhibit A. <br />>e used strictly in accordance <br />irein provided, no Owner shall <br />1 privileges of other Owners <br />[anted, altered, constructed <br />/ements. If an Owner shall <br />lave the right to restore the <br />issess the cost of such restoration <br />jch assessment shall become <br />naining Owners. All of the <br />right and power to collect the <br />or that purpose. If an Owner <br />her (Vfner in the use of the <br />he reneining Owners, or any of <br />ference and the prevailing party <br />- i <br />shall be entitled to recover such reasonable attorney's fees as the court may <br />allow, together with all necessary costs and disbursements incurred in connection <br />therewith. <br />3) Any Owner may delegate his right of enjoyment to the Common <br />Improvements and facilities to his tenants who reside on a Lot and to the members <br />of his family and his guests. <br />ARTICLE IV. <br />COVENANTS RELATING TO THE COMMON IMPROVEMENTS <br />' 1) Each Owner of each Lot covenants and agrees to pay one-eighth <br />(1/8) of the costs for the maintenance and repair of the Common Improvements in <br />such amounts as are incurred for such purposes upon the approval of the Owners <br />as specified in Paragraphs 2 and 3 of this Article IV. Each Owner's share of <br />such costs shall be due and payable on the date such costs for construction, <br />maintenance or repair are due and payable to the person or entity rendering an <br />account therefor. Each Owner's share of such costs shall bear interest at a <br />rate of eight (8) percent per annum from such due date to the date of payment. <br />Any Owner may bring an action, on behalf of the non-defaulting Owners, to collect <br />a defaulting Owner's share of such costs which are not paid when due, and shall <br />be entitled to recover such reasonable attorney's fees as the court may allow, <br />together with all necessary costs and disbursements incurred in connection therewith <br />2) The plans, specifications and the awarding of contracts for the <br />Common Improvements or for any alterations in the Common Improvements after con <br />struction thereof shall be approved in writing by the Owners of six (6) of the <br />eight (8) Lots. <br />3) The costs incurred for maintenance and repair of the Common <br />Improvements shall be approved in writing by the Owners of six (6) of the eight <br />(8) Lots. <br />4) No Owner may exempt himself from the liability for assessments <br />by waiver of the use or enjoyment of any of the Common Improvements or by the <br />abandonment of his Lot.
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