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MAINTENANCE AGREEMENT <br />The undersigned who a:!.:e partjts to that certain Deed Of <br />Appurtenant Easement dated the /-5" day of Fe:!:.. 199 2, to which <br />this Maintenance Agreement is attached hereby stipulate and agree <br />as follows: <br />1. a.) <br />b.) <br />C.) <br />"Owner", as the t'erm is used herein, shall include <br />any fee owner, life tenant, contract for deed <br />purchaser or assignee of contract for deed <br />purchaser, unless said assignment is given solely <br />for the purpose of collateral for the repayment of <br />a debt, of the two properties covered by the <br />attached Deed of Appurtenant Easement. <br />"Maintenanceu, as the term is used herein, shall <br />consist of snowplowing and sanding, shoulder <br />grading, weed control, asphalt patching and asphalt <br />replacement, and such other additional, ordinary and <br />riecessary maintenance as from time to tine may be <br />reasonably necessary for a good, safe, fieely <br />travelable and well maintained driveway. <br />"Driveway", as the term is used herein, shall be <br />defined as that part of the legal description <br />contained on the attached Deed Of Ap~urtenant <br />Easement lying southwesterly of "Point 'A'" as shown <br />on Exhibit 'A' which is attached hereto and <br />incorporated herein by reference, and including all <br />of Outlet C, Bayside Landing. <br />2. Hereafter, the two properties described on the attached <br />Deed Of Appurtenant Easement shall be owned and conveyed <br />subject to and together with the covenants contained in <br />this Maintenance Agreement, and the present Owners and <br />subsequent owners by acceptance of a deed or other <br />conveyance · therefor, whether or not it shall be so <br />expressed in such conveyance, shall be and hereby are <br />deemed to covenant with the then and future Owners of the <br />lots described in said Deed Of Appurtenant Easement, that <br />such Owners shall promptly pay when due his, her or its <br />proportionate share of the cost of maintenance as <br />hereinafter provided. <br />3. Each of the two lots shall be charged with the <br />responsibility for paying one-half of the maintenance <br />cost of said driveway. Eich Owner of each lot shall be <br />personally, jointly and severally responsible t::; ;:ay that <br />part of the cost of the maintenance of the driveway <br />attributable to his, her or its lot. Each Owne~•s share <br />of· such-costs shall be due and payable on the date such <br />costs are payable to the person or entity prov~jing the <br />labor or materials for such maintenance. Eac~ owner's <br />share shall bear interest at the rate of eig~~ percent