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99110984
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Last modified
3/13/2012 8:04:44 PM
Creation date
10/21/2005 1:24:19 AM
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DEEDS
Inst Number
99110984
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99 110984 <br /> (fl Maintenance and Repair of the Outlot. <br /> (1) The Outlot and any improvements thereon shall be <br /> continuously maintained and repaired by the Outlot Owner at its expense, so as to at all <br /> times be in a first class condition, free and clear of all debris. The Outlot Owner shall <br /> maintain, repair, and replace any lighting fixtures or poles located on the Outlot. If the <br /> Outlot Owner fails to so maintain the Outlot and does not cure such default hereunder <br /> within seven days of receipt of notice from the Company, the Company shall have the right, <br /> but not be obligated, to enter the Outlot and perform such maintenance on behalf of the <br /> Outlot Owner. If the Outlot Owner shall not pay to the Company all of the costs incurred <br /> by the Company to perform such maintenance within fifteen days of receipt of a statement <br /> therefor, the Company shall have a lien on the Outlot in the amount of the statement, which <br /> amount shall bear interest at the rate of eighteen percent (18%) per year, or the highest <br /> rate permitted by law, whichever is lower, until paid. The lien, if any, shall be filed and <br /> enforced and have priority in accordance with Article V hereof. <br /> (2) Outlot Owner shall pay the Company, on a monthly, quarterly, <br /> or annual basis as invoiced by the Company, for its proportionate share of maintaining and <br /> repairing Common Area, including the landscaping, sweeping, repairing the asphalt, and <br /> snow removal in the parking area (the "Common Area Maintenance Expenses"). The <br /> Outlot Owner's proportionate share of the Common Area Maintenance Expenses shall be <br /> 7.33 percent. Notwithstanding the foregoing, costs of replacement of the Common Areas <br /> which may be capitalized shall not be included in Common Area Maintenance Expenses. <br /> (g) Alterations. After initial construction of the Building and all other <br /> structures and improvements on the Outlot in accordance with the plans and specifications <br /> approved by the Company, the Outlot Owner shall not alter, remove or add to the exterior <br /> or structural components of the Building or construct additional buildings or structures on <br /> the Outlot, without the prior written consent of the Company to the plans and specifications <br /> for each such alteration, removal, addition or construction. <br /> (h) Taxes and Assessments. In the event that the Outlot is not separately <br /> assessed for purposes of real estate taxation, the Outlot Owner agrees to obtain, at its <br /> cost, such separate tax assessment and the Company agrees to reasonably cooperate <br /> therewith. The Outlot Owner agrees to reimburse the Company for its costs and expenses <br /> incurred in connection therewith. The Outlot Owner shall pay, or cause to be paid, prior <br /> to delinquency, all taxes, assessments and charges levied upon or assessed against the <br /> Outlot. If the Outlot Owner fails to pay any such tax, assessment or charge prior to the <br /> same becoming delinquent or bearing interest or�penalties, with seven days prior notice <br /> from the Company, the Company shall may, but shall not be obligated to, pay any such <br /> tax, assessment or charge on behalf of the Outlot Owner. If the Outlot Owner shall not pay <br /> to the Company such tax, assessment or charge and all of the costs incurred by the <br /> Company in connection therewith within fifteen days of receipt of a statement therefor, the <br /> Company shall have a lien on the Outlot in the amount of the statement, which amount <br /> shall bear interest at the rate of eighteen percent (18%) per year, or the highest rate <br /> 5 <br />
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