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Public roadway. Each Owner will pay to. the City its equal, incurred by the City within thirty (30) days after Owner'sr receipt Offssuch charges rtionate C t or else such charge, including attorneys' fees and costs in collectiofi thereof, shall become a lien upon the Lot for which payment has not been made. - 5.2) 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 cost of such restorations against the violating Qwnee. Any such assessment shall become due and payable upon the demand of any of said remaining Owners. All of the remaining Owners, or any Qfthem, shall have the right and power to enforce this Declaration and to collect the cost of any Maintenance required as a result of an Owners violation, iri a legal proceeding 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 S.Z is intended 'to alleviate any obligation of an Owner to pay assessments to City in accordance with Section 5.1 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. DiMIing ffle t. This covenant shall run with the land and, shallbe binding on and inure to the benefit of the Owners, their heirs, representative, sUccessot s and assigns. 7 NO endment. This Declaration may be modified or ameAded only upols the recording of a document setting forth such amendment executes{ by al! of the In the L their mortgage lenders, City and any other party having a record interest In the Lots. 8. a era ilii . Invalidation of any covenant,condition, or restriction set forth herein by judgement 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 C 4sdare the lawful owner(s) of the Roadway and tale Lots and have fit11 right, title and authority to enter into this Declaration. Any mortgage lender, or other party in iyxterest a1" the bots of the Outlot, if any, $hall consent to this Declaration, winch consent shall be attached and made a part of this Declaration. 3