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• <br /> ( 3 ) The driveway shall be reasonably maintained by the <br /> owners of said Lots 1, 2 , 3 , A, B and C. Reasonable maintenance <br /> may include, without necessarily being limited thereto, grading, <br /> graveling, ditching, culverts and snow and ice removal. The main- <br /> tenance costs shall be shared equally by the said lot owners, <br /> provided that in determining the maintenance cost to be paid by <br /> each lot owner, the actual portion of the driveway used by the <br /> lot owner for access to the owner' s lot shall be considered <br /> along with the particular maintenance item. A lot owner shall <br /> not be required to contribute to the cost of a maintenance item <br /> over any portion of the driveway not used by that owner as a <br /> means of access . If a lot owner shall, through their use or use <br /> by their invitees or by contractors or subcontractors making im- <br /> provements to an owner' s lot, cause unreasonable wear thereto, <br /> such owner shall be solely responsible for the repair of such un- <br /> reasonable wear. <br /> ( 4 ) It is the intent of this .Easement & Maintenance Agree- <br /> ment that the driveway be maintained in a condition that permits <br /> regular use by automobile for ingress and egress and which is rea- <br /> sonably safe and which the automobile should be able to negotiate <br /> at a reasonable speed without damage. <br /> ( 5 ) Any amount expended for maintenance in excess of $100.00 <br /> shall be approved by the lot owners responsible for payment of <br /> such cost. Such approval shall not be unreasonably withheld. <br /> ( 6 ) In the event of the commencment of any litigation with <br /> respect to any provision of this Easement & Maintenance Agreement <br /> or the interpretation thereof, and which litigation is contested, <br /> the person or persons prevailing in such litigation shall be en- <br /> titled to be reimbursed for the reasonable attorney fees , costs <br /> and disbursements actually incurred in such litigation from the <br /> person or persons not prevailing. <br /> ( 7 ) This Easement & Maintenance Agreement is binding upon <br /> and inures to the benefit of each owner of said Lots 1, 2 , 3, A, <br /> B anc C, their heirs , personal representatives , successors and <br /> assigns and the conveyance of any said lots shall automatically <br /> subject the grantee to the provisions of this Easement & Mainten- <br /> ance Agreement. <br /> Dated this day of , 1997. <br /> ( SEAL) <br /> Randy S. Page <br /> -2- <br />