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entitled to recover such reasonable attorneys' <br />fees as the Court may allow, toyetner with all <br />necessary costs and disoursements incurred in the <br />connection therewith. <br />C. DiCon and Points Hest shall naintain the roadway <br />on Manor Circle for the benefit of Lot 1, Block 1 <br />and Lot fl,Block 2, Countryside Manor 2nd Addition <br />and fur the benefit of Juts to be platted in <br />portions of Outlot A, Countryside Manor 2nd <br />Addition, which shall have access via Manor Circle <br />(tne Property) but not for the benefit of any <br />utuer Juts in Countrysiae Manor 2nd Addition. A <br />"Benefitted Lot" shall mean and refer to any plot <br />of land in the Property shown upon any recorded <br />subdivision nap of the Property. <br />d. In toe event that DiCon and Points West fail to <br />maintain, repair or replace the road as provided <br />fur herein, it is agreed by all parties that the <br />City may undertake to maintain, repair and replace <br />toe road as provided for herein and that DiCon and <br />Points West will pay to the City the proportionate <br />cost incurred by the City within thirty, (30) days <br />of the receipt of such cnaryes or else such charge <br />shall become a lien upon earn lot in the <br />proportion ds provided for nerein. Said <br />proportionate share is to be determined by <br />dividing the total costs of maintenance, repair or <br />replacement, including without limitation, the <br />cost of cleaning, snow removal, surfacing and <br />resurfacing, by the number of Benefitted Lots set <br />forth above, adjoining Manor Circle. <br />e. No owner may exempt himself, herself, or itself <br />from the liability fur assessments by waiver v <br />the use or enjoyment of the road or by abandonment <br />of his, ner, or its lot. <br />f. Eac:i of the owners of a Beneiitted Lot hereby <br />covenants with each of the owners of all of the <br />other Benefitted Luts, and each owner of a <br />Benefitted Lot, by acceptance of a deed therefor, <br />wnetner or not it shall be so expressed in sucâ–ºi <br />conveyance, shall be and hereby is deemed to <br />covenant with the then owners of all of the other <br />Benefitted Lots, that such owner shall promptly <br />pay when due such owner's proportionate share of <br />the costs described in the preceding paragraphs. <br />The costs described in the preceding paragraphs <br />-3- <br />