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� � <br /> , „ . . <br /> (03) A survey of said easement a:ceas is attach�;d hereto a <br /> "Exhibit Ap and is incorpor��ted herein fo:: reference <br /> purposee. <br /> (04} The foregoing easement descriptions shall hereinaftsr <br /> collectively be referred to as the "drive��ay area" . <br /> 2. Maintenance Agreement. <br /> � - <br /> Each of said Lots 17 and 16, Block 6, Nav3rre Heaghts <br /> and the owners thereot shall be charged with paying <br /> fifty percent {50�y o£ the cost of maintenance of the <br /> driveway area. "Maintenance", as the tern is used <br /> herein, shall mean normal, ordinary maint�nance, <br /> repair and replacement of the driveway ar2a, <br /> including, without limita�ian, snowplowin�, patching, <br /> overlaying and replacement as is necessary to maintain <br /> a driveway consistent with residential standards f.n <br /> the community in which the property is locaLed. <br /> Each owner of each said Lot 17 and Lat 18 shall be <br /> personally, jointly and severally responsible to pay <br /> his or her respective fifty percent (50�? allacation <br /> of said costs. In addition, any such unpaid costs <br /> shall constitute a lien upan the property of such <br /> owner, inferior, however, ta �he lien of any first <br /> mortgage recorded or to be recorded thereon,and also <br /> inferior to any mor�gage of record nn the date hereot. <br /> Delinquent payments shall r�ear interest at eight <br /> percent (8�f per annum from their due date until paid. <br /> Any owner of said Lot ].7 or• said Lot 18 nay bring an <br /> action under paragraph 4 hereof on behalf of the non- <br /> defaulting owner(s) to callect a defaulting owner's <br /> share of such costs, and, i� such event, shall be <br /> entitled to recover such reasonable attox•ney's fees <br /> and a11 necessary costs anc� disbursements incurx-ed in <br /> connection with said coller.ti.nn action. <br /> The driveway axea is intencled to be used for ordinary, <br /> residential traEfic by the owners of saic. Lots 17 and <br /> 18, and their guests. Any use which is out o� the <br /> ox'dinary, such as construc�i.on traffic wY..ich causes <br /> 3 <br />