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09%03%2'010 18:08 IFA% EDENPRAIRIEREALTYFA%�CBBURNET.COM i Allison Van Sloo �039/041 <br /> duzing the last fifteen(1 S) days of May of that year. At the meeting so caileti, a majority of the <br /> Owners, voting in person or by proxy, shall have authority to adopt an annus! budget with <br /> respect to maiatenance o�'the Road. At such meeting, a majority of the Owners of the Lots shall <br /> have right to designate one of the Owners as the person authoriz�d to rece�ve paymem artd to <br /> inc�u aU expenses as set forth in the Budget, or as otherwise suthoriz.ed by a majority of the <br /> Owners at such meeting, for the maintena,nce of the Road. The budget so approved by a <br /> majority may be revised at any time upon majarity vote afte.r notice to all Owners of the lots at <br /> least fifteen(15)days prior io a meeting r,alted for such revision <br /> 3. In the.e�►errt any Owner fails or refuses to pay 6is perceatage share of the <br /> maintenance expenses from time to time authorized by a majority of the Owners as 1�erein <br /> provided, such unpaid amount shall be a lien (subordinated to fust mortgages) against that Lot <br /> whose Qwner has not paid, until the same is fully paid, with interest ihereon from the mne <br /> payment was due until payment or collection ai the rate of eight percent (8%} per annum; aad <br /> the remaining 4wners, upon majority vote, shall have t�e right and authority to 51e a lien <br /> statement evidencing the unpaid sum, foreciose the lieq and seu the Eot svbject to the lien in <br /> order to recover such unpaid maintenance expenses•together with accrued interest. <br /> 4. Nothing contained herein shall prevent any Ovmer unilateraqy and at his sole cost <br /> and expense to mainiain any portion of the Road. The foregoing authority is apeafic.ally gamed <br /> so as to permit ar�y Owner to cause maintenance of the Road to be done in excess of the annual <br /> budget authorized as grovided herein. <br /> 5. All benefits and burdens under this Agreement are intended to and shall run with <br /> the land aad shall inure to and bind not only each Owner but also the heirs, successors and <br /> assigns of each Owner. <br /> 6. This Agreement may be amended only by a writing signed by all of the Owners of <br /> the Lots. <br /> 7. In the event that the Owners of the property fail to maintain the Roadway. ia <br /> compliance with the the appGcable provisions of the Code, the City of Ocono may undertake <br /> such maintenance and may assess the cost of such maintenanc� against each Lot in et�ual, <br /> proportionate shares. No such maintenance conductecf by ihe City will cause the Roadway to <br /> become a public roadway. Such assessment sha11 be and becume a lien upon the Lot until <br /> paymeni in full has been made. <br /> �1 WITNESS REOF this instrument as been exe�uted by the undersigned this <br /> j,3 day of ��� 199 <br /> ame P. eanovic <br /> eborah W. Deanovic <br /> Page 2 af 3 <br />