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202003361 <br />AMENDED AND RESTATED <br />ACCESS AREA MAINTENANCE AGREEMENT <br />(Bosselman Brothers Subdivision) <br />The undersigned Declarants, as the owners of Lots 1, 2, 3, 8, 9, and 13 Bosselman Brothers <br />Subdivision, and Lots 1 and 2, Bosselman Brothers Second Subdivision as further defined in <br />attached and incorporated Exhibit A (the "Property") create this Access Area Maintenance <br />Agreement (the "Agreement"). This Agreement shall be applicable to the Declarants and any <br />subsequent owners of the Property (the "Property Owners"). This Access Area Maintenance <br />Agreement is intended to provide for the management, maintenance and cost sharing of the <br />described ingress and egress to the Property. This Amended and Restated Access Area <br />Maintenance Agreement amends, restates and replaces the original Access Area Maintenance <br />Agreement file on May 20, 2015 in the office of the Register of Deeds, Hall County, Nebraska. <br />1. ACCESS EASEMENT AREA DESCRIPTION: Property Owners mutually agree <br />that the following described ingress and egress area (herein collectively, the "Access <br />Easement") is situated in Hall County on the Property and consists of the central dedicated <br />roadways providing access to and from the Property, all as depicted and shown on the attached <br />Plats of the Property, namely, Bosselman Brothers Subdivision, recorded with the Register of <br />Deeds of Hall County, Nebraska on January 31, 1983 and Bosselman Brothers Second <br />Subdivision recorded with the Register of Deeds of Hall County, Nebraska on April 21, 2015 and <br />incorporated herein by this reference and marked as Exhibit B. <br />2. Property Owners and Assessment Allocation. Property Owners shall provide Lot <br />1 Owner a current mailing address and contact information on an annual basis. Failure to <br />provide contact information shall permit Lot 1 Owner to post any notice required in this <br />Agreement on the individual lot within the Property. Assessments, as provided hereunder <br />shall be apportioned pursuant to the allocation as set forth on Exhibit A. <br />3. COMMON ELEMENTS: <br />a. Common Roadway Easement. Property Owners and their employees, <br />agents and invitees, shall have the right of ingress and egress <br />over and upon the Access Easement for the purpose of utilizing <br />the Property. <br />b. Maintenance. The owner of Lot 1, Bosselman Brothers Subdivision ("Lot 1 <br />Owner") shall maintain the Access Easement in a commercially reasonable <br />manner. Maintenance shall include upkeep, paving, repair and general <br />maintenance of the Access Easement ("Maintenance"). Lot 1 Owner shall <br />maintain records of all cost associated with performing the Maintenance <br />("Maintenance Costs"). The Lot 1 Owner shall assess the Property Owners for <br />all costs of repair and maintenance not more often than quarterly. <br />Assessments shall be paid by the Property Owners within 15 days of receipt of <br />1 <br />