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non -defaulting Owners, to collect a defaulting Owner's share of such costs which <br />are not paid when due, and shall be entitled to recover such reasonable attorneys' <br />fees as the court may allow, together with all necessary costs and disbursements <br />incurred in connection therewith. <br />The plans, specifications and the awarding of contracts for the <br />private road or for any alterations in the private road after construction thereof <br />shall be approved in writing by the Owners of twenty-five (25) percent of the Lots. <br />The costs incurred for maintenance and repair of the private road <br />shall be approved in writing by the Owners of twenty-five (25) percent of the Lots. <br />No Owner may exempt himself from the liability for assessments by <br />• waiver of the use or enjoyment of any of the private road or by the abandonment <br />of his Lot. <br />In the event that the Owners of each Lot described herein fail to <br />maintain, repair and replace the private road as provided for herein, it is agreed <br />by all parties that the City of Orono may undertake to maintain, repair and replace <br />the private road as provided for herein, and that such actions by the City of Orono <br />'will not result in the private road's becoming a public roadway, and that each of <br />the Owners will pay to the City of Orono the proportionate cost incurred by the <br />City of Orono within thirty (30) days of the receipt of such charges, or else <br />such charge shall become a lien upon each Lot at the proportion as provided for <br />herein. Said proportionate share is to be determined by dividing the total costs <br />of maintenance, repair or replacement, including without limitation, the cost of <br />cleaning, snow removal, surfacing and resurfacing, by the number of Lots set forth <br />0 above, adjoining the private road; and that each Owner shall become liable for said <br />proportionate share from and after the date of this Agreement. <br />3) Each of the Owners of a Lot described herein hereby covenants <br />with each of the Owners of all of the other Lots described herein, and each Owner <br />of a lot described herein, by acceptance of a deed therefor, whether or not it shall <br />be so expressed in such conveyance, shall be and hereby is deemed to covenant with <br />the then Owners of all of the other Lots described herein, that he/she/they shall <br />pay promptly when due his/her/their proportionate share of the costs described in <br />