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Mountain Arrow Drive Maintenance Agreement

This Agreement shall be binding on the property owners in the Mountain Arrow Village Green subdivision, Mountain Arrow, LLC, and Joseph D. Messler as owners of property abutting Mountain Arrow Village Green subdivision, excepting Lot 13, and all subsequent divisions thereof, and their successors and assigns, located in the Town of Camden, Knox County, Maine.
  1. Property. This Agreement shall apply to the real property (the “Parcels”) identified on a plan prepared by Gartley & Dorsky   Engineers entitled “ Mountain Arrow Village Green,” dated March 5, 2008, recorded in Cabinet 19, Sheet 160 of the Knox County Registry of Deeds and as may be amended.
  2. Owner. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Parcel who has signed this Agreement, and the heirs, successors, assigns and personal representatives of said Owners, but, notwithstanding any applicable theory of mortgage law, shall not mean or refer to any mortgagee unless and until such mortgagee has acquired title by foreclosure or any proceeding in lieu of foreclosure. Lot 13 shall be accessed directly from High Street and shall be exempt from the provisions of this Agreement.
  3. Road. The purpose of this Agreement is to provide for the maintenance and upkeep of the Road identified as Mountain Arrow Drive, the Road identified as Seaverns Drive and all bridges and culverts located along the Road, which services the Parcels for the use and benefit of all Owners, and shall be binding upon all Owners. This Agreement shall apply to that portion of Mountain Arrow Drive located easterly of the line establishing the boundary between the Mountain Arrow Village Green subdivision and the remaining land of Mountain Arrow, LLC as shown on the above-referenced Plan. 
  4. Voting. All Owners shall have one (1) class of voting membership. For purposes of any meeting, a quorum shall consist of Owners of at least one- half (1/2) the Parcels being present and voting. Each Parcel shall represent one (1) vote. When more than one Owner holds an ownership interest in a Parcel, the vote for that Parcel shall be exercised as such Owners among themselves may determine by majority vote. Not more than one (1) vote shall be cast with respect to any one Parcel. If Owners of a Parcel are unable to agree in any instance as to how their vote shall be cast, in any instance, then the vote shall not be counted.
  5. Expenses. Each Owner shall be assessed a sum equal to the expenses for Road maintenance, repair, plowing, sanding, and upkeep expenses for the ensuing year multiplied by a fraction of which the numerator shall be the number of Parcels owned by the Owner and the denominator shall be the total number of the Parcels, with the exception of the Owners of Lots 1 and 2 in the Mountain Arrow Village Green subdivision. Lot 1 shall be assessed for one-quarter of one full share due the limited length of access required to serve Lot 1. For the same reason, Lot 2 shall be assessed for three-quarters of one full share. Road maintenance and upkeep shall be limited to that required to remove snow, to repair and prevent erosion and to repair ordinary wear to the surface of the Road unless otherwise agreed by the unanimous vote of all Owners, and other costs and expenses necessary and proper for the effective and efficient functioning of the Road. All maintenance and upkeep, including snow removal and tree and grass trimming within the right of way, will be by competitive bid unless a non-competitive price is accepted by vote of the majority of the Owners present at a meeting duly called for the purpose of voting on the budget.Commencing January 1, 2010, and on the same day of each year thereafter, each owner of a Parcel with a substantially complete residence, shall make payments to create and continue a Maintenance Fund to be used by the Owners for future maintenance, repair, and replacement of the road and all associated drainage structures. The Owners may vote to assess the maintenance fee and charges in installments and to set the due date for such installments. The charges will be delinquent when not paid within thirty (30) days after they becomes due. Mountain Arrow Village Green, Inc., its successor and assigns, shall be responsible for all costs of maintenance and repair until January 1, 2010, except as specifically provided below. Each Owner shall be responsible for all damage to the Road surface, bridges, ditches, drainage ways or culverts caused by construction vehicles and equipment operated by the Owner or their agents, contractors or employees and such damage shall be immediately repaired and the Road shall be restored to its original condition at the sole expense of such Owner.
  6. Lien. Each Owner, by signing this Agreement, does covenant and agree to pay, within sixty (60) days after the date of notice of an assessment, all assessments made. Each assessment, together with interest in amounts or at rates specified together with costs of collection, shall be a lien and charge upon the Parcel against which each such assessment is made which lien shall continue until the assessment is paid and shall be the personal obligation of the Owner. The personal obligation of the Owner to pay such assessments, however, shall remain the personal obligation of the person who was the Owner when the assessment was first due and shall not pass to successors in title unless expressly assumed by such successors.
  7. Enforcement. The Mountain Arrow Village Green Owners Association or any Owner may bring a civil action against another Owner personally obligated to pay an assessment in order to enforce payment of the delinquent assessment or to foreclose the lien against the Parcel, and there shall be added to the amount of such assessment due all costs of collection. In the event a judgment is obtained, such judgment shall include interest on the assessment, together with all attorney’s fees and expenses and costs of the action.
  8. Subordination. The lien of the assessments provided for shall be subordinated to the lien of any mortgage or mortgages now of hereafter placed upon the Parcels. Such subordinator, however, shall apply only to the assessments which have become due and payable prior to a sale or transfer of a Parcel pursuant to any allowable method of foreclosure, or any other proceeding in lieu of foreclosure. The lien of the assessments also shall be subordinate to all utility easements which may be placed upon any Parcel.
  9. Severability. Invalidation of any one provision of this Agreement by competent authority shall in no way affect any other provision, which shall remain in full force and effect.
  10. Amendment. This Agreement may be amended by a written instrument executed in recordable form and signed by the Owners entitled to cast at least 75% of the votes allocated to the Parcels.