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<br />.. <br /> <br />DRAFT <br /> <br />a. <br /> <br />The Owners of the Benefitted Lots shall and do hereby assume and agree to pay <br />one-half of the costs of maintaining, repairing, and replacing, if necessary, the <br />Improvements to at least the standard necessary for reasonable egress and <br />ingress to the Benefitted Lots for vehicular and pedestrian traffic. <br /> <br />e <br /> <br />b. No Owner of a Benefitted Lot may exempt himself from the liability for <br />maintenance, repair or replacement of the Improvements by waiver of the use <br />or enjoyment of any of the Driveway Easement or by abandonment of the <br />Benefitted Lot. <br /> <br />c. Each Owner of a Benefitted Lot described herein shall be and hereby is deemed <br />to covenant with the owners of all the other Easement Lots and Benefitted Lots, <br />that he/she/they shall pay promptly when due his/her/their proportionate share <br />of the costs described above. The costs described above shall be a personal <br />obligation of the person or persons who are the Owner(s) of such Benefitted Lot <br />at the time when such costs were incurred, and said personal obligation shall <br />not pass to his/her/their successor in title unless expressly assumed by them. <br /> <br />3. Use of the Drivewav Easement. The Driveway Easement shall be used strictly <br />in accordance with the easement granted herein. Except as herein provided, no Owner of a <br />Benefitted Lot or Easement Lot (referred to herein as an "Owner" or "Owners") shall obstruct <br />or interfere whatever with the rights and privileges of other Owner, and nothing shall be <br />planted, altered, constructed upon or removed by an Owner from the Improvements. If an .. <br />Owner shall violate this section, the remaining Owner(s) shall have the right to restore the ... <br />Driveway Easement and any Improvements to its prior condition and assess the cost of such <br />restoration against the Owner who violates this section and such assessment shall become due <br />and payable upon the demand of any of said remaining Owners. All of the remaining Owners, <br />or any of them, shall have the right and power to collect the cost of such restorations in a legal <br />proceeding for that purpose. If an Owner interferes with the rights and privileges of another <br />Owner in the use of the Improvements, except as herein provided, the remaining Owners, or <br />any of them, may commence an action to enjoin such interference and the prevailing party <br />shall be entitled to recover such reasonable attorney's fees as the court may allow, together <br />with all necessary costs and disbursements incurred in connection therewith. <br /> <br />No Owner shall obstruct or interfere with the passage of any school bus or emergency <br />vehicle over or across the Improvements. . <br /> <br />Any Owner of a Benefitted Lot may delegate his right of enjoyment to the Improvements <br />to tenants who reside on a Benefitted Lot, to the members of his family and his guests and to <br />his invites. <br /> <br />The Driveway Easement is an easement which covers the Easement Lots in their <br />entirety. Accordingly, except for the Improvements. no building or other permanent structure <br /> <br />2 <br /> <br />e <br />