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202003361
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Last modified
5/26/2020 10:38:30 AM
Creation date
5/26/2020 10:32:25 AM
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DEEDS
Inst Number
202003361
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202003361 <br />the invoice for such maintenance. Failure to pay an assessment in a timely <br />manner may result in a lien In accordance with Section 4, below. Each Property <br />Owner shall be responsible for snow removal of the Easement Area to the <br />center line of each roadway adjacent to their Property at their own cost and <br />expense. In the event a Property Owner fails or refuses to timely remove snow <br />from the Easement Area as provided herein, after written notice to the non- <br />compliant Property Owner, Lot 1 Owner may have the snow removed for the <br />benefit of all Property Owners and assess the cost of such removal to the non- <br />compliant Property Owner as provided for Maintenance herein. <br />4. LIEN RIGHTS AND PRIORITIES: <br />a. Lien. Any assessment for Maintenance Costs or Capital Improvements, <br />as provided in Section 7 below, not paid within thirty (30) days after the due date shall be <br />delinquent. Thereupon, the Lot 1 Owner shall provide Notice of such delinquency and may, at its <br />option, (1) charge interest from the due date at an annual percentage rate of twelve percent <br />(12%); (ii) charge a late fee in an amount equal to five percent (5%) of the delinquent installment; <br />(iii) give Notice to the Owner that in the event payment with accrued interest and late fees is not <br />made within thirty (30) days from the date of such Notice, then the lien provided for herein shall <br />be recorded, foreclosed, or (iv) bring an action against the Owner of the Lot personally obligated <br />to pay the same and/or foreclosure the lien against the Lot. No remedy reserved to the Lot 1 <br />Owner herein is intended to be exclusive of any other remedy or remedies, and each and every <br />remedy shall be cumulative, and shall be in addition to every other remedy given hereunder or <br />now or hereafter existing at law, in equity or by statute. <br />b. Lien Requirements; Priorities. Lot 1 Owner may execute and file with the <br />Register of Deeds of Hall County, Nebraska, a lien for the amount of said assessment, together <br />with interest, late fees and costs of collection, including Lot 1 Owner's attorney's fees incurred <br />in pursuing collection, whether or not suit is filed. Such lien shall state the date of the <br />delinquency of the assessment, the current interest rate, the legal description of the Lot, the <br />name and address of the Owner as last shown on the books and records of the Lot 1 Owner, and <br />that the lien shall cover all subsequent unpaid assessments. The lien established hereby shall <br />bind the Lot(s) of the then Property Owners, their heirs, devisees and personal representatives, <br />and the personal obligation of the Property Owners to pay such assessment shall, in addition, <br />remain their personal obligation. <br />5. CONVEYANCES, RESTRICTIONS OF RECORD AND INTERESTS: Any lot will be <br />conveyed or encumbered subject to the provisions of this Agreement. <br />6. LIABILITY: Any tort liability arising from use of the Access Easement and occurring <br />on a portion of the easement owned by a Property Owner shall be the responsibility of that <br />Owner. Each Property Owner shall indemnify and hold the others harmless for claims, <br />damages, costs and expenses arising from actions or inactions on the individual Property <br />Owners Property. <br />7. ASSESSMENTS AND CAPITAL IMPROVEMENTS: Any Property Owner may <br />request capital improvements to the roadways within the Access Easement. Any capital <br />improvement request shall be approved by the written confirmation of all Property Owners <br />which shall not be unreasonably withheld. All costs associated with the capital improvements <br />2 <br />
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