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T <br /> • i <br /> v, • <br /> dwelling of adjacent owners and shall be subject to approval of <br /> Gary J. DiVall in the initial instance . <br /> Any subsequent approvals after DiVall has sold all four <br /> lots shall be by two of the remaining three owners which approval <br /> shall not be unreasonably withheld and shall be based on <br /> proximity to adjacent buildings and compatibility of design of <br /> the house. <br /> 5 . Adjacent property owners shall each be responsible for <br /> one-half of the cost of erecting and maintaining any fences <br /> required between them. The type of fence erected and approved,by <br /> Gary J. DiVall in the original instance shall be the type of <br /> fence used by all property owners in the future unless changed by <br /> a majority vote of the four property owners . <br /> 6 . Each property owner shall be responsible for the <br /> control of noxious weeds on the premises either by spraying or by <br /> harvesting prior to the time the seeds would spread to the <br /> adjacent property owners . <br /> 7 . Property owner who violates any of the terms and <br /> conditions of this declaration shall be obligated to pay <br /> reasonable attorney fees of property owner who prevails in a law <br /> suit to enforce the rules and regulations provided for herein. <br /> In the event the complaining property owner fails in <br /> such law suit, that owner shall be obligated to pay reasonable <br /> attorney fees of other property owner in defense of complaint. <br /> 2 <br />