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Lots _j, 2. 3, 4, 5, 6 and 7_ _ _ (hereinafter "benefited lots") <br />Dickey Lake Addition _ but not for the benefit of any otner lots in <br />(Subdivision Name) <br />Dicke, Lake Addition and . <br />(Subdivision Name) <br />WHEREAS, the subdivider is the sole owner of the private road and <br />all the benefited lots except for the undersigned who are all the owners <br />of record of the following described lots in the City of Orono, County of <br />Hennepin: <br />NOW, THEREFORE, in consideration of the receipt of One Dollar <br />(>1.00) and the grantinq of the above private road easement for the <br />benefited lots, the above owners of each benefited lot, their heirs, <br />assigns and successors (hereinafter referred to as owners or owner) <br />hereby covenant and agree as follows: <br />1. That the owners do hereby acknowledge the existence of said <br />private road easement and the existence of the private road, which is <br />not a publicly dedicated roadway, and that the City of Orono has no <br />obligation to maintain or service said private road, and that the City <br />of Orono does not intend to acquire or open said private road as a <br />public roadway. <br />2. That the owners will and do hereby assume and agree to pay <br />a propertionate share -f the cysts of maintaining, repairing and replacing, <br />if necessary, the private road over said easement described herein to at <br />least a standard of quality equal to the private road as it was approved <br />by the City of Orono as part of the subdivision of the adjoining land, <br />anu as may be required from time to time by the ordinances of the City <br />of Orono in reqard to private roads. <br />Each owner's share of such costs shall be due and payable on the <br />date such casts for construction, mainterance or repair are due and payable <br />to the person or entity rendering an aceaunt therefore. Each owner's <br />share of such costs shall bear interest at a rate of eight (8) percent <br />per annum from such due date to the data of payment. Any owner may bring <br />action, on behalf of the non -defaulting Owners, to collect a default.inq <br />Owner's share of such costs which are not paid when due, and shall be <br />entitled to recover such reasonable attorney's fees as the court may <br />allow, together with all necessary costs and disbursements incurred in <br />connection therewith. <br />2 of 4 <br />