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n (.e " -y~ +,~u~ „KVM :CI `K R6ALSY CORP ID-90® 93038 PAGE ./9 not be given for work to clear the impose and obtain reimbursement therefor. If another Lot holder can have the proposed work done Eor at least r.en percent (10lI less than the proposed price es set forth In the notice given pursuant to liii) above, the work shall be done at a lower price. iiithout the unanimous consent of all of the Lot holders and users of eh• RDadway, or the portion thereof which will be subject to the contract, no contract for maintenance and repair shall have a term exceeding one (1) year. Any Let holder contracting with an unlicensed contractor for saintenance or repair work pursuant to this Paragraph 3, shall first veeify that the contractor is rousted by an appropriate general liability insurance po]icy of a Eorm an3 aiaount customarily held by persons operating such a licensed contracting business. Nothing hesein shall be deemed to constitute any Lat holder or user of the Roadway as an agent oL any other Lot holder or user and the rights and liabilities of the Lot holders and users of the Roadway shall be limited to those apecifica~ly set forth in this Roadway Vse and Maintehance Agseement and only for the puipases herein described. ld) Lien And Collection. Tn the event any Lot holder or other user s a ai eo pay his pro rata share of a proper expense for maintenance or repair of the Roadway within thirty (34) days after receiving a written notice of sucn expense, the amount df such expense and any costs and fees associated or related to the collection thereof, shall constitute a lien upon the property of the Lot holdor or user for whose benefit the Roadway 1a being utilized. Ohs lien for such expense may be foreclosed upon by an action initiated by any Lot holder or user oho shall have paid his own pro cats --tense. Actions to recover a money judgment for the unpaia expense ahnll 6e maintainable by any Lot holdor or user who shall have paid his pro rata Gxpenne without foreclosing upon or waiving the lien securing the payment of rife same. SLLLi, :oraclosuce action to collect the unpaid expense will be prosecuted in accordance with the provisions of Rawaii Revised Statutes, Chapter 667, as amended. Interest shall accrue at the rate of one and one-half percent (S.SOt) pot month, from and after the thirty-first (31st! day following the receipt of written notice of the expense by the Lot holder or user iiable therefor. In the event of any legal action to collect the expense, the prevnilinQ patty shell be entitled to recover his attorney's fees and coats of court. It shall be the obligation of the Grantor, as a condition of granting any right of access to or use of the Roadway to any other person, to obtain the agreement of ouch person i.n writing to bq bound by the terms and conditions of this Paragraph 3 of this Roadway Use and xaintenance Agreement, and such agreemcnc shall be recorded and noted on the document of title of such person for the property 'which receives the benefit of ouch access or use. Y SO'd O9£S 886 405 "~~+I 'S"d"S Zb~£i L6-80-L~~C