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all costs associated with the upkeep and maintenance of the Access Easement. The Lot 1 Owner shall assess the Property Owners for all costs of repair and maintenance not more often than quarterly. Assessments shall be paid by the Property Owners within 15 days of receipt of the invoice for such maintenance. Failure to pay an assessment in a timely manner may result in a lien on the Property of the Property Owner failing to timely pay. Lot 1 Owner may file a lien on the Property of the nonpaying Property Owner by recording a lien as provided in Section 4 hereunder. 4. LIEN RIGHTS AND PRIORITIES: 201503279 a. Lien. Any assessment not paid within thirty (30) days after the due date shall be delinquent. Thereupon, the Lot 1 Owner shall provide Notice of such delinquency and may, at its option, (i) charge interest from the due date at an annual percentage rate of twelve percent (12 %); (ii) charge a late fee in an amount equal to five percent (5 %) of the delinquent installment; (iv) give Notice to the Owner that in the event payment with accrued interest and late fees is not made within thirty (30) days from the date of such Notice, then the lien provided for herein shall be recorded, foreclosed, or (vi) bring an action against the Owner of the Lot personally obligated to pay the same and /or foreclosure the lien against the Lot. No remedy reserved to the Lot 1 Owner herein is intended to be exclusive of any other remedy or remedies, and each and every remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity or by statute. b. Lien Requirements; Priorities. Lot 1 Owner may execute and file with the Register of Deeds of Hall County, Nebraska, a lien for the amount of said assessment, together with interest, late fees and costs of collection, including Lot 1 Owner's attorney's fees incurred in pursuing collection, whether or not suit is filed. Such lien shall state the date of the delinquency of the assessment, the current interest rate, the legal description of the Lot, the name and address of the Owner as last shown on the books and records of the Lot 1 Owner, and that the lien shall cover all subsequent unpaid assessments. The lien established hereby shall bind the Lot(s) of the then Property Owners, their heirs, devisees and personal representatives, and the personal obligation of the Property Owners to pay such assessment shall, in addition, remain their personal obligation. 5. CONVEYANCES, RESTRICTIONS OF RECORD AND INTERESTS: Any lot will be conveyed or encumbered subject to the provisions of this Agreement. 6. LIABILITY: Any tort liability arising from the use of the Access Easement shall be for the account of the Property Owners and each shall indemnify and hold Lot 1 Owner harmless for claims, damages, costs and expenses arising from actions or inactions on the individual Property Owners Property. 7. ASSESSMENTS AND CAPITAL IMPROVEMENTS: Any special assessment for capital improvements shall be approved by the written confirmation of all Property Owners which shall not be unreasonably withheld. 8. BINDING EFFECT: The covenants contained in this Agreement shall run with the land and shall bind the Declarants and all persons claiming under the Declarants.