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Sanders Gravel Pit <br /> Exhibit A-5:Easement for Existing Access Road <br /> against the Property owned by the delinquent Owner with respect to which the past due amount is <br /> owing. The lien statement shall specify the amount due from the delinquent Owner for which alien <br /> is claimed,provided that any error or misstatement of the amount due shall not affect the validity of <br /> the lien with respect to the amount actually due. From and after the date of recording of the <br /> statement of lien, a lien shall exist on the Property owned by the delinquent Owner in favor of the <br /> Owner tiling the lien statement, which lien shall include all amounts owing by the delinquent <br /> Owner, including interest,costs of collection and attorneys' fees. Such lien may be foreclosed as a <br /> mortgage on real property, and in any foreclosure proceeding the foreclosing party or parties shall <br /> be entitled to purchase the Property of the delinquent Owner at the foreclosure sale. <br /> (d) Personal Obligations. Each Owner shall be personally obligated to pay all <br /> amounts owing pursuant to this Agreement attributable to the Property owned by such Owner. If <br /> there is more than one Owner of a Property, all such Owners shalt be jointly and severally <br /> personally obligated to pay all amounts owing pursuant to this Agreement attributable to such <br /> Property. Each Owner shall be obligated to pay amounts attributable to a Property incurred from <br /> and after the date such Owner acquires tittle to a Property. No Owner shall be relieved from any <br /> obligation to pay amounts due pursuant to this Agreement as a result of such Owners failure to use <br /> the Common Improvements or conveyance or abandonment of such Owner's Property. In the event <br /> any Owner transfers its Property (or any portion thereof}, such Owner shall remain liable for <br /> amounts accruing prior to the date of transfer, but shall have no obligation for amounts accruing <br /> with respect to the transferred Property after the date of transfer. A successor Owner shall not be <br /> liable for unpaid amounts owing by a predecessor Owner unless a statement of lien with respect to <br /> amounts owing by the predecessor Owner has been recorded pursuant to Section 8(c) prior to the <br /> recording of the instrument of transfer to the successor Owner. <br /> S. General Provisions. <br /> (a) Covenants are Cumulative. Each provision of this Agreement is cumulative <br /> and independent and is to be construed without reference to any other provision dealing with the <br /> same subject matter or imposing similar or dissimilar restriction. <br /> N Waivers. No provision of this Agreement may be waived except by an <br /> instrument in writing signed by the party to be charged with the waiver. No waiver shall be a <br /> continuing waiver unless expressly so stated in the instrument of waiver. The failure to enforce any <br /> provision of this Agreement shall not constitute a waiver of or impair the effectiveness of this <br /> Agreement. <br /> (c) Duration-, Successors. The Easement and the provisions of this Agreement <br /> shall be perpetual, shalt run with the land and shall bind and benefit the heirs,devisees,assigns and <br /> other successors in title to the Properties burdened and benefited by the Easement. <br /> (d) Amendment. This Agreement may be amended only with the consent of all <br /> the Owners of the Benefited Properties. Any amendment shall be effective upon recording in the <br /> real property records of Routt County written instruments(which may be executed in counterparts) <br /> setting forth the amendment executed by all the Owners of the Benefited Properties. <br /> «�I <br /> -9- <br /> 620829 <br /> Page: 9 of 26 <br /> 06/23t2005 12:481 <br /> Ka+ W*Jnla^d Rout Ca:.nty, CC EASEMENT R 131.00 D 0.00 <br />