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public roadway Each Owner will pay to the City its equal, proportionate cost incurred by the City within thirty (30) days after Owner's receipt of such charges, or else such charge, including attorneys' fees and costs in collection thereof, shall become a lien upon the Lot for which payment has not been made. 2) If an Owner shall violate any of the obligations, covenants, conditions or restrictions contained in this Declaration, the remaining Owners shall have the right to enforce this Declaration, and in the event an Owner's violation results in damage to the Roadway, Owners may restore the Roadway to its prior condition and assess the costs of such restoration against the violating Owner. Any such assessment shall become due and payable upon the demand of any of said remaining Owners. All of the remaining Owners, or any of them, shall have the right and power to enforce this Declaration and to collect the cost of any maintenance required as a result of an Owner's violation in a legal proceedings for that purpose. The prevailing party in any such legal proceedings shall further be entitled to recover such reasonable attorney's fees as the court may allow, together with all necessary costs and disbursements incurred in connection therewith. Nothing contained in this Section is intended to alleviate any obligation of an Owner to pay assessments to the City in accordance with Section 1 above. In the event any assessments are levied by City as a result of violations of an individual Owner or Owners, then such non- violating Owners may collect such sums paid to City from any violating Owner, in accordance with this Section. 6. Binding Effect. This covenant shall run with the land and shall be binding on and inure to the benefit of the Owners, their heirs, representatives, successors and assigns. 7. No Amendment. This Declaration may be modified or amended only upon the recording of a document setting forth such amendment executed by all of the Owners, their mortgage lenders, City and any other party having a record interest in the Lots. 8. Severability. Invalidation of any covenant, condition, or restriction set forth herein by judgment or court order shall in no way affect any of the other provisions hereof, which shall all remain in full force and effect. 9. Warranties of Title. Declarant represents and warrants that Greenfield Corporation and Hilloway Corporation are the lawful Owners of the Roadway and the Lots and have full right, title and authority to enter into this Declaration. Any mortgage lender, or other party in interest of the Lots of the Outlot, if any, shall consent to this Declaration, which consent shall be attached and made a part of this Declaration. IN WITNESS WHEREOF, the parties have hereto executed this Declaration and covenant the day and year first above written.