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HomeMy WebLinkAbout2619TAOA` ER ' TRANSFER i /fi1t1�, f2 O 7C b O 7-K, S-t C VIl This Declaratio day of _/ corporation (the "Deck known as the Minnes( creating Village Homes WHEREAS, ] Minnesota, described property and all in condominium, and (Above Space Reserved for Recording Data) )MMON INTEREST COMMUNITY NO. 1521 A Condominium: LAGE HOMES OF GRANDVIEW SQUARE III DECLARATION. y y is �s m� in the Count of � nri In b State R.E. C Inc., IriMinnesota, , a M�nnesota .ant"), pursuant to the provisions_ of Minnesota Statutes Chapter-51 " 5B,; . A Common Interest Ownership Act (the "Act "), for the purpose of AGrandview Square III as a condominium under the Act. larant is the owner of certain real property located in Hennepin County, Exhibit B attached hereto, and Declarant desires to submit said real vements thereon (collectively the "Property") to the Act as a WHEREAS, D clarant desires to establish on the Property a plan for a permanent residential community t be owned, occupied and operated for the use, health, safety and welfare of its resident Owners nd Occupants, and for the purpose of preserving the value, the quality and the character of the Iroperty, and WHEREAS, the Property (i) is not subject to an ordinance referred to in Section 515B.1 -106 of the Act, governing conversions to common interest ownership; (ii) is not subject to a master association as defined in the Act; and (iii) does not include any shoreland, as defined in Minnesota Statutes Section 103F.205. THEREFORE, Declarant subjects the Property to this Declaration under the name "Village Homes of Grandview Square III," consisting of the Units referred to in Section 2, declaring that this Declaration shall constitute covenants to run with the Property, and that the MPLS -Word 82902.3 Property shall be ownec easements, charges and owning or acquiring any successors and assigns. [, used, occupied and conveyed subject to the covenants, restrictions, liens set forth herein, all of which shall be binding upon all Persons right, title or interest therein, and their heirs, personal representatives, SECTION 1 DEFINITIONS The following ords when used in the Governing Documents shall have the following meanings (unless the co text indicates otherwise): 1.1 "Act" m ans the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 15B, as amended. 1.2 "Assess ents" means and refers to all assessments levied by the Association pursuant to Section b. 1.3, "Associ ion" means Village Homes of Grandview Square III Association, a nonprofi corporation created pursuant to Minnesota Statutes Chapter '317A 'arid ` Section 158.3 -101 of the Act, whose members consist of all Owners. ' 1.4 "Board" means the Board of Directors of the Association as provided ; for in the Bylaws. 1`.5 "$uildi' means, the structure which is or becomes a part of the Property `anal - contai "ns the Units and part of the Common Elements. 1.6 "$ law ' means the Bylaws governing the operation of the Association; as amend from time to time. 1.7 "City„ earts the City of Edina, Minnesota. 1.8 "Comm n Elements" means all parts of the Property including all improvements thereto, except the Units. 1.9 "Common Ex enses" means all expenditures made or liabilities incurred by or on behalf �therwise f the Association and incident to its operation, including Assessments and items identified as Common Expenses in this Declaration or the 1.10 "Declarant Control Pexiod" means the time period during which Declarant has the exclusi e right to appoint the members of the Board, as described in Section 15.5. 1.11 "Dec] ation of Easements" means the recorded instrument entitled Amended and Restate Declaration of Reciprocal Easements, Covenants, Conditions and Restric ions, and dated July 17, 2001, which establishes and defines certain easeme t rights and maintenance obligations with respect to the Property and certain ad property constituting a part of the Grandview Square develo ment. MPLS -Word 82902.3 2 1.12 "Eli ible Mort a ee" means any Person which owns a first mortgage on a Unit and whiO has requested in writing that the Association notify it regarding any proposed action which requires approval by a specified percentage of Eligible 1.I3 "Gara e' means the underground parking garage located on the lowest level or levels of he Building and reserved for the use of Owners and Occupants. 1.14 "Governing Documents" means this Declaration, and the Articles of Incorporation and Byl vs of the Association, as amended from time to time, all of which shall govern t e use and operation of the Property. 1.15 "Limite Common Elements" means a portion of the Common Elements allocated by this eclaration or by operation of Section 515B.2- 102(d) or (f) of the Act for the excl ive use of one or more, but fewer than all, of the Units. 1.16 " Membe " means all persons who are members of the Association by reason of being 0 ners as defined in this Declaration. The words "Owner" and "Member" may be sed interchangeably in the Governing Documents. 1.17 "OCCU t "'means any person or persons, other than an'Owner, in ossession of or residi g in a Unit. 1.18 "Owne ' means a Person who owns a Unit, but excluding contract for deed "> vendors mortgagees, holders of reversionary or, remainder interests and other secured parties within th&` meaning of the Act. - The term "Owner" includes contract for deed vendees and holders of a life estate: 1.19 "Person' means a natural individual, corporation, corporation, partnership, limited liability partnership, trustee, or other legal entity capable of holding title to real vronert . 1.20 "Plat" means the recorded plat depicting the Property pursuant to the require ents of Section 515B.2- 110(c) of the Act, including any amended or supple ental Plat recorded from time to time in accordance with the Act. 1,21 "Pro g " means all of the real property subjected to this Declaration, now or in the fut e, including the Units and all other structures and improvements located thereon. The Property is legally described in Exhibit B attached hereto. 1.22 "Rules and Re lations" means the Rules and Regulations of the Association as approv d from time to time pursuant to Section 5.6. 1,23 "Unit" means a part of the Property within the Building, including one or more rooms r enclosed spaces, occupying part of one floor, designed and intended for separat ownership and use, as described in Section 2 and shown on the Plat. Any terms used in a Governing Documents, and defined in the Act and not in this Section, shall have the meanin set forth in the Act. References to Section numbers refer to the Sections MPIS -Word 82902.3 3 of this Declaration and conversely, do atherwise indicated. References to the singular may refer to the plural, upon context. SECTION 2 DESCRIPTION OF UNITS AND BOUNDARIES, AND )RELATED EASEMENTS AND RESTRICTIONS 2.1. Units. ere are 50 Units. All Units are restricted exclusively to residential use. Each Unit constitutes a eparate parcel of real estate. No additional Units may be created by the subdivision or conversi n of Units pursuant to Section 515B.2 -112 of the Act. The Unit identifiers and locations of the Units are as shown on the Plat, which is incorporated herein by reference. A schedule o Units is set forth as a part of Exhibit A attached hereto. 2.2. Unit Bo ndaries. The boundaries of each Unit shall be the interior unfinished surfaces of its perimete walls, floors and ceilings. Wallpaper, paneling, tiles and other finishing materials adhered to th interior of the Unit boundaries shall be a part of the Unit; provided, that any load bearing portio s of any interior or perimeter walls, columns, ceilings or floors, and „any common.'utility, lines o other common Building, system, equipment .or, facilities iocated,,in,or passing through a'Uni ,shall be Common Elements. The boundaries of each Unit,shall also extend along the inside unfinished surfaces of its perimeter. doors and windows, and their frames; and said perimeter do s, windows and frames, and their.hardware, shall be Limited, Conunon Elements allocated to such Unit. Subject to this Section and Section 3, all spaces; interior.,",:, partitions, and interior fixtures and improvements located within the`boun'daries of a Unit area` part of the,Unit. 2.3. A urt nant Easements. The Units shall be' subject . to-:46d: benefited. by the easements described in Section 11. 3.1. follows: SECTION 3 ELEMENTS, LIMITED COMMON ELEMENTS AND OTHER PROPERTY The Common Elements and their characteristics are as 3.1.1. All of the Property not included within the Unit boundaries; any load bearing porti s of any interior or perimeter walls, columns, ceilings or floors; and any common utili y lines or other common Building, system, equipment or facilities located in or passing through a Unit shall be Common Elements. The Common Elements include, but are not limited to, all areas and items listed in this Section 3, and those parts of the Property designated as Common Elements on the Plat or in the Act. 3.1.2. The Common Elements shall be subject to (i) easements as described in this Declarati n, the Plat and any other recorded instrument; (ii) the rights of Owners and Occupants in Limited Common Elements allocated to their respective Units; and (iii) the” right of the ssociation to establish reasonable Rules and Regulations governing the use of the Prop e Y. MPLS -Word 82902.3 4 3.2. Limited C on Elements. The Limited Common Elements are those parts of the Common Elements reserved for the exclusive use of the Owners and Occupants of the Units to which they are allot ed. The rights to the use and enjoyment of the Limited Common Elements are automatical y conveyed with the conveyance of such Units. The Limited Common Elements are described d allocated to the Units, as follows: 3.2.1. hose items or areas designated as Limited Common Elements on the Plat or by the Act are allocated to the Units indicated thereon or therein. 3.2.2. Improvements, if any, such as decks, patios, porches, balconies, terraces, shutter , awnings, exterior windows and doors, window boxes, chimneys, driveways, walks doorsteps and stoops, constructed as part of the original construction to serve a single nit or Units, and replacements and modifications thereof authorized pursuant to Secti n 7.10, and located wholly or partially outside the Unit boundaries, are allocated exclu6 ely to the Unit or Units which they serve. 3.2.3. Chutes, flues, ducts, pipes, wires, conduit or other utility installations, i bearing walls, earing columns, or any other components or fixtures lying wholly or partially outside the Unit boundaries, and serving only that Unit or Units, are allocated to the Unit or Uni s they seFVe. Any portion of such installations serving or affecting the, . function of1he onvrLdn Elements is a part of the .Cbrnmorillements. 5 3.2.14.,:: Heating;: ventilating• or, air 'conditioning equipment serving only a certain` UL1it;or Units,. grid located wholly. or partially outside the Unit boundanes; are allocated to the nit or Units served by such equipment. 3.3.. Garage (collectively the "Stal the Units and/or the A and the operation at accordance with this licensing, assignment, Stalls. The Garage includes Common Element vehicle parking stalls,: a" .or individually a "Stall"). The Stalls shall be licensed and assigned to ;sociation, subject to the terms and conditions set forth in this Section 3.3 I transfer of the Stalls shall be administered by the Association in iection 3.3. The following conditions and restrictions shall govern the Sse and transfer of the Stalls. 3.3.1. h initial assignment of Stalls shall be made by Declarant, at its discretion. D clarant shall assign the exclusive right and license to use a previously unassigned St 11 designated by Declarant to each Unit conveyed by Declarant and shall provide to the Association a copy of the certificate evidencing the Stall assignment. At least one Stall shall be assigned to each Unit at the time of Declarant's initial conveyance of such Unit. Any Stalls remaining after all Units owned by Declarant or its affiliates have been conveyed may be assigned to the Association, or reserved for invitee or handicapped parking, as directed by Declarant. 3.3.2. Upon and following Declarant's initial assignment of a Stall to a Unit, the use rights wi h respect to the Stall shall be deemed to be perpetually licensed by the Association e elusively to the Unit to which the Stall is assigned, subject to reassignment in accordant with Section 3.3.3. The Association shall maintain records identifying the Stalls, the U its to which they are licensed, the names of the Owners of the Units, and the dates of lice sing and any assignment of the license in accordance with the terms of this Section. A 'tten certification of the license shall be delivered by the Association to the MPLS -Ward 82902.3 5 Owner upon the 0 licensed to a Unil 3.3.3. At least one are arranged end - be assigned and li Stalls shall be trail vner's request. The Association shall not unilaterally assign any Stall and reassignments shall be made only in accordance with Section Stall shall remain licensed to each Unit at all times. Any Stalls which > -end with restricted access to the inner Stall ("Tandem Stalls') shall ensed to the same Unit, and the license and use rights in the Tandem ferred simultaneously and not independently. 3.3.3. Th license to use a Stall shall remain with the Unit to which it is assigned until the license i reassigned in accordance with this Section. Subject to Section 3.3.2, a Stall license ma be assigned to another Unit, but only by first delivering to the Association a w tten assignment, in form approved by the Association, signed by the assignor and the ssignee. The Association shall review the proposed reassignment for compliance with his Section 3.3, and if the reassignment complies, the Association shall transfer the licen a on its records to the Unit owned by the assignee and issue a new Stall license to the ass gnee. In the absence of a proper reassignment to the contrary, a license assigned to a nit at the time of such Unit's conveyance shall be automatically reassigned with t e conveyance of title to such Unit. 3.3.4. C i . Owners . and •Oc lease or other us lessee or other i agreement to the of any ease or copy of the leas may hold, conv within a Stall 'as wners may "rent; or allow. the` use; of their licensed Stall to or by other ;upants, except 'as otherwise°auth'orized by the .'Board in writing.' The ; agreement shall be.4h written'bim' and shaI1 terminate when'ahe lessor,,l ser is -no longer''an Owner or Occupant, regardless of the terms of,any contraryt.: The Owner shall give the Association advance written notice , ise I agreement`wifh° respect to such Owner's Stall, and shall provide 'a' or `use agreement to the Association upon its request. The Association y and reassign the license to, rent, or permit guest or handicap parking igned to it' 3.3.5: e interest of a secured party holding a first lien on a Unit includes the license to any S all which is assigned to the Unit at the time of foreclosure of the secured party's lien; p ovided that, unless the secured party has given written notice to the Association of a contrary agreement with the Owner of the Unit, the secured party's consent to the signment of a Stall license prior to the commencement of a foreclosure action shall not be required if at least one Stall remains licensed to the Unit. 3.3.6. The use of the Stalls and the Garage, and the size and types of cars and other vehicles hick may be kept in the Garage, are subject to Rules and Regulations approved from time to time by the Board. The Association shall apply for and maintain any permits re aired for the Garage. 3.3.7. Any license, lease, rental, use, assignment, transfer or purported transfer of any interest in a Stall in violation of this Section shall be void. 3.4. Storao Rooms. The Building includes Common Element storage rooms (collectively the "Sto age Rooms" or individually a "Storage Room ") which are to be licensed and assigned to certai of the Units, for the storage of personal property belonging to the Owner of the Unit to which a Storage Room is assigned. The use and transfer of the Storage Rooms shall be administere by the Association in accordance with this Section 3.4. The following MPT S -Word 82902.3 6 conditions and restricti Rooms. 3.4.1. T discretion. Dec unassigned Ston shall provide to license. Any SI conveyed may t Declarant. 3.4.2. U Unit, the use rig] licensed by the assigned, subjec shall maintain i licensed, the na assignment of f is assigned and Room. license .i =' Association a o assignor and th compliance wit] transfer the lice Storage Room 1 to the contrary , automatically a shall govern the licensing, assignment, use and transfer of the Storage initial assignment of Storage Rooms shall be made by Declarant, at its rant shall assign the exclusive right and license to use a previously Room designated by Declarant to a Unit designated by Declarant and ie Association a copy of the certificate evidencing the Storage Room -age Rooms remaining after all Units owned by Declarant have been assigned to the Association, or reserved for other use, as directed by on and following Declarant's initial assignment of a Storage Room to a s with respect to each Storage Room shall be deemed to be perpetually Association exclusively to the Unit to which the Storage Room is to reassignment in accordance with Section 3.4.3. The Association :cords identifying the Storage Rooms, the Units to which they are Ies of the Owners of the Units, and the dates of licensing and any e license in accordance with the terms of this Section.. - ,A written .e license shall be delivered by the Assoc- Wion-to the °Owner upbriAhe The Association `,shall not unilaterally' reassign any Storage Room init, and "reassignments shall be made: only . in accordance with. e license to use a Room Storage R r g shall remain with :the Unit ao °which; it the Iicense is reassigned in accordance with this rSection.t A Storage. . ay be assigned to another Unit, but oonly ,Iby first delivering to the itten' assignment, in form approved b y the Association, signed by the, assignee. The Association shall review the proposed assignment for this Section 3.4, and if the assignment complies, the Association shall se on its records to the Unit owned by the assignee and issue a new .ense to the assignee. In the absence of a properly executed assignment license assigned to a Unit at the time of the Unit's conveyance shall be igned with the conveyance of title to the Unit. 3.4.4, ners shall not rent or allow the use of their licensed Storage Room by anyone except then Owners and Occupants, except as otherwise authorized by the Board in writing. Th lease or other use agreement shall be in written farm, and shall terminate when the lesso , lessee or other user is no longer an Owner or Occupant, regardless of any agreement to the contrary. The Owner shall give the Association advance written notice of any 1 ase or use agreement with respect to such Owner's Storage Room, and shall provide copy of the lease or use agreement to the Association upon its request. The Associati n may hold, convey and reassign the license to, or rent a Storage Room assigned to it. 3.4.5. he interest of a secured party holding a first lien on a Unit includes the license to any Storage Room which is assigned to the Unit at the time of foreclosure of the secured t) v's lien. MPIS -Word 82902.3 7 3.4.6. The use of the Storage Rooms, and the size and types of materials which may be kept in the Storage Rooms, are subject to Rules and Regulations as approved from time to time by the Board. 3,4.7. t�Stoassignment, license, tease, rental, use, transfer or purported transfer of any interest rage Room in violation of this Section shall be void. 3.5. Annexation of Other Pro ert . Real property may be added to the common interest community as Common Elements, and subjected to this Declaration, in accordance with Section 51513.2 -125 of th Act. SECTION 4 ASSOCIATION MBERSHIP: RIGHTS, INTERESTS AND OBLIGATIONS Membership in t e Association, and the allocation to each Unit of a portion of the votes in the Association, a po .on of the Common Expenses and a portion of the undivided interests in the Common Elements, hall be governed by the following provisions: vote. Undivided inter are allocated among th the aggregate area of attached hereto. 4.3- Appur include the voting ri Section 4.2. Said ri separated or conveys transfer of any alloca allocation of the righ except in accordance 4.4. Au on behalf of the C at meetings of the or other Person d voting rights of O, MPLS -Word 82902.3 nip.. Each Owner shall be a Member solely. by reason of owning a Unit, 1 be transferred; with the conveyance of the,Qwner's interest in the'Uptt,. shall_tenninate, when .the Owner's ownership terminates. When more Owner of a Unit, all such Persons shall be Members, bu multiple e. 11 not. change the voting rights allocated to such Unit nor authonze the ti hts. bdivided Interests and Common Expenses. Each Unit is allocated,'pne ts; and, Common Expense, obligations (subject to Sections 6.4` and 6.7),, Units according to a formula based upon the area of each'Unit relative to lI Units, as shown by the percentage interests set forth in Exhibit A ant Rig _hts, Interests and Obligations . The ownership of a Unit shall s, undivided interests and Common Expense obligations described in :s, interests and obligations, and the title to the Units, shall not be separately, and any conveyance, encumbrance, ,judicial sale or other interest in a Unit, separate from the title to the Unit shall be void. The interests and obligations described in this Section may not be changed, h the Governing Documents and the Act. :v to Vote. The Owner, or some natural Person designated to act as proxy and who need not be an Owner, may cast the vote allocated to such Unit ,ciation. However, if there are multiple Owners of a Unit, only the Owner ated pursuant to the provisions of the Bylaws may cast such vote. The > are more fully described in Section 3 of the Bylaws. The admini limited to the acts I 5.1. General. shalt be governed by t Association shah be i Association shall have under which the Associ vested in the Board, ur by the Governing Doc Association acting thro SECTION 5 ADMINISTRATION and operation of the Association and the Property, including but not of the Association, shall be governed by the following provisions: The operation and administration of the Association and the Property Governing Documents, the Rules and Regulations and the Act. The ;ponsible for the operation and management• of the Property. The I powers described in the Governing Documents, the Act and the statute :ion is incorporated. All power and authority of the Association shall be ,ss action or approval by the individual Owners is specifically required ments or the Act. All references to the Association shall mean the ;h the Board unless specifically stated to the contrary. 5.2. Operational PgMoses. The Association shall operate and manage the Property for the purposes of (i) administering and enforcing the covenants, restrictions, easements, charges I Ions' II maintaining, Rules andRe at , and liens set forth in the Governing Documents and the, , ,1 gu , {) g i repairing and replacin those- portion's of the .Property and,, any other property, for whlch itn Is 7. responsible; and (iii) - serving "the value; and the architectural character of the Property: I 5.3., Bitidin Effect' of Actions. All agreements and determinations made by the . .,� Association in accord ce with .the, , powers, and .voting rights established by the Governing= Documents or the Ac shall be binding upon" all Owners and :Occupants, and their lessees, invitees, heirs, personal representatives, successors and assigns, and;all secured parties as defined . in Act. j 5.4. Bylaws`: The Association shall have Bylaws. The Bylaws shall govern the operation and admini tration of the Association, and shall be binding on all Owners and Occupants. 5.5. Mana ent. The Board may delegate to a manager or managing agent the management duties i posed upon the Association's officers and directors by the Governing Documents and the Ac . However, such delegation shall not relieve the officers and directors of the ultimate responsib lity for the performance of their duties as prescribed by the Governing Documents and by Iaw 5.6. Rules and Re ulations. The Board shall have exclusive authority to approve and implement such reaso 11"i able Rules and Regulations as it deems necessary from time to time for the purpose of operatg and administering the affairs of the Association and regulating the use of the Property; proded that the Rules and Regulations shall not be inconsistent with the Governing Document or the Act. The inclusion in other parts of the Governing Documents of authority to approve ules and Regulations shall be deemed to be in furtherance, and not in limitation, of the auth ty granted by this Section. New or amended Rules and Regulations shall be effective only after asonable notice thereof has been given to the Owners. 5.7. Associ on Assets; Su ius Funds. All funds and real or personal property acquired by the Association shall be held and used for the benefit of the Owners for the purposes stated in the Governi g Documents. Surplus funds remaining after payment of or provision for MPiS -Word 82902.3 7 9 Common Expenses an, reserves, as determined 5.8. Resale I event of a resale of a purchaser a resale Section 515B.4- 107(b) Association shall, .wid representative, furnish 1 fee for furnishing the r( 6.1. Board, in its reserves shall be credited against future Assessments or added to the Board. sclosure Certificates. pursuant to Section 515B.4 -107 of the Act, in the knit by an Owner other than Declarant, that Owner shall furnish to the disclosure certificate containing the information required by of the Act. Pursuant to Section 515B.4- 107(d) of the Act, the h ten days after a request by an Owner or the Owner's authorized le resale disclosure certificate. The Association may charge a reasonable ;ale disclosure certificate and any documents related thereto. SECTION 6 ASSESSMENTS General. Assessments shall be determined and assessed against the Units by the scretion; subject to the requirements and procedures set forth in this Section 6 and the: requirements of the Bylaws. Assessments shall include annual Assessments, under Section 6.2, and may under- Section ".6.4. A accordance with the a Section 6.4 shall be all, • `61 Annual f _a annually by the Boar( Expenses of the Assoc the allocation formula monthly or quarterly e among provide, g other Elements and those pa funded by limited Ass( lude special Assessments under Section, 6.3, an& limited Assessments ual and; special Assessments shall be =allocated .among the Units in cation formula set forth in Scction 42 ` . Limited Assessments, under, ited`to Units as set forth in that Section:. ssessments." Annual Assessments. shall be ; established and levied Each annual Assessment shall covers 'all, of the anticipated Common . ion for that year which are`to be shared by.all Units_in accordance'.mith t ,forth in Section 4.2.: Annual Assessments . shall be payable in, equal Aallments, as established by the Board: Annual Assessments shall ngs, for an adequate' reserve fund for the replacement of the Common of the Units for which the Association is responsible and which are not ments pursuant to Section 6.4. 6.3. Special Assessments. In addition to annual Assessments, and subject to the limitations set forth he eafter, the Board may levy in any Assessment year a special Assessment against all Units in ac ordance with the allocation formula referred to in Section 4.2. Special Assessments shall be used for the purpose of defraying in whole or in part the cost of any unforeseen and unbud eted or underbudgeted Common Expenses. 6.4. Limited Assessments. In addition to annual Assessments and special Assessments, the Board may, at its discretion, levy and allocate limited Assessments among only one or more, but not al , Units in accordance with the following requirements and procedures: 6.4.1. replacement of or Units to wh their relative ar the Board. Any Common Expense associated with the maintenance, repair, or Limited Common Element shall be assessed exclusively against the Unit h that Limited Common Element is allocated, equally, in proportion to i or by actual cost per Unit, unless otherwise determined by resolution of MPIS -Word 82902.3 10 6.4.2. falling within S Units benefited Any Common Expense benefiting fewer than all of the Units but not lion 6.4.1 may, at the Board's discretion, be assessed against the Unit or lually, in proportion to their relative area or by actual cost per Unit. 6.4.3. The costs of insurance may be assessed equally, or in proportion to undivided interests or by actual cost per Unit, and the costs of common utilities may be assessed equally, in proportion to usage, undivided interests or by such other reasonable allocation as may be approved by the Board. 6.4.4. incurred by the (ii) the enforcers against an Own( 6.4.5. Section 12. 6:4.6. Reasonable attorneys' fees and other professional fees and costs Association in connection with (i) the collection of Assessments, and !ent of the Governing Documents, the Act, or the Rules and Regulations r or Occupant or their guests, may be assessed against the Owner's Unit. Late charges, fines and interest may be assessed as provided in Assessments levied under Section 515B.3- 116(a) of the Act to pay a t'the Association may be levied, only against the Units existing at the-, it was entered, in proportion to their Common Expense liabilities. If any.dainage to the Common Elements or another Unit or any. portion Jmt that the Association is obligated. to maintain hereunder is caused° by Mori, of any' Owner or Occupant, or their guests, the, Association may of repairing the damage exclusively against the . Owner's jUnit to.,the, -,d by insurance. If Common 'Expense liabilities are reallocated ,.;for any purpose ie Act, Assessments and any installment thereof not yet due shall be ecordance with the reallocated Common Expense liabilities. Assessments le ied under Sections 6.4.1 through 6.4.7 may, at the Board's discretion, be assessed as a part of, or in addition to, the Assessments levied under Section 6.1 or 6.2. 6.5. Workin Capital Fund. There shall be established a working capital fund to meet unforeseen expenditure or budget shortfalls, or to purchase additional equipment or services for the Association. The E oard may include in each subsequent annual budget a reasonable amount of working capital, bas .-d upon the anticipated needs of the Association for the year in question. There shall be contribu ed on a one -time basis for each Unit sold an amount equal to two months installments of the estimated annual Assessments for the Unit. The contribution shall be paid by the purchasers of the nits at the time of closing of the initial sales of the Units by Declarant, and may be required by the Association with respect to resales. The Association may use the working capital fund to offset operating deficits. In addition, Declarant may reimburse itself, pro rata, from funds collected from the purchasers at the respective closings for any contributions advanced by Declarant to the working capital fund. The contributions to this fiend are in addition to the regular installments of annual Assessments and are not refundable. The funds shall not be used to defray any of eclarant's development expenses, replacement reserve contributions or construction costs. MPLS -Word 82902.3 11 time `the judgme {: 6.4:7. of the Owner's fihe act or orris ,assess`ahe costs � :'extort hot cover, 6,4.8. authorized by t recalculated in a Reasonable attorneys' fees and other professional fees and costs Association in connection with (i) the collection of Assessments, and !ent of the Governing Documents, the Act, or the Rules and Regulations r or Occupant or their guests, may be assessed against the Owner's Unit. Late charges, fines and interest may be assessed as provided in Assessments levied under Section 515B.3- 116(a) of the Act to pay a t'the Association may be levied, only against the Units existing at the-, it was entered, in proportion to their Common Expense liabilities. If any.dainage to the Common Elements or another Unit or any. portion Jmt that the Association is obligated. to maintain hereunder is caused° by Mori, of any' Owner or Occupant, or their guests, the, Association may of repairing the damage exclusively against the . Owner's jUnit to.,the, -,d by insurance. If Common 'Expense liabilities are reallocated ,.;for any purpose ie Act, Assessments and any installment thereof not yet due shall be ecordance with the reallocated Common Expense liabilities. Assessments le ied under Sections 6.4.1 through 6.4.7 may, at the Board's discretion, be assessed as a part of, or in addition to, the Assessments levied under Section 6.1 or 6.2. 6.5. Workin Capital Fund. There shall be established a working capital fund to meet unforeseen expenditure or budget shortfalls, or to purchase additional equipment or services for the Association. The E oard may include in each subsequent annual budget a reasonable amount of working capital, bas .-d upon the anticipated needs of the Association for the year in question. There shall be contribu ed on a one -time basis for each Unit sold an amount equal to two months installments of the estimated annual Assessments for the Unit. The contribution shall be paid by the purchasers of the nits at the time of closing of the initial sales of the Units by Declarant, and may be required by the Association with respect to resales. The Association may use the working capital fund to offset operating deficits. In addition, Declarant may reimburse itself, pro rata, from funds collected from the purchasers at the respective closings for any contributions advanced by Declarant to the working capital fund. The contributions to this fiend are in addition to the regular installments of annual Assessments and are not refundable. The funds shall not be used to defray any of eclarant's development expenses, replacement reserve contributions or construction costs. MPLS -Word 82902.3 11 6.6. Liabilit Assessments shall com. Unit, or (ii) the due dal Assessment is payable Common Expenses ass there are multiple Ow unconditional and no C off, by waiver of use o; of the Unit, by the wail Association or its offic Governing Documents of Owners for Assessments. The obligation of an Owner to pay fence at the later of (i) the time at which the Owner acquires title to the of the first Assessment levied by the Board. The Owner at the time an with respect to the Unit shall be personally liable for the share of the ssed against such Unit. Such liability shall be joint and several where ,ers of the Unit. Subject to Section 6.7, the liability is absolute and veer is exempt from liability for payment of Assessments by right of set - enjoyment of any part of the Property, by absence from or abandonment :r of any other rights, or by reason of any claim against the Declarant, the TS, directors or agents, or for their failure to fulfill any duties under the r the Act. 6.7. Declar is Liability for Assessments. Pursuant to Section 515B.3- 115(a) of the Act, the Declarant's lia ility for Assessments shall be subject to the following limitations. 6.7.1. Notwithstanding anything to the contrary in the Governing Documents, if an Assess me t has been levied, Declarant may elect to have any unsold Unit owned by it assessed at the rate of twenty -five percent -of the Assessments (exclusive of replacement r erves) levied on' that . Unit and other Units of the same type until a certificate of o c`upancy or comparable' City approval has been issued with respect for >... `such Unit. , 6.7:2 `' Tle prtivsions'of "Section 6.7.1 shall not affectthe share ofreplacement' reserves 'for U its owried by "Declarant, which reserves must be 'funded by Declarant as required by S ction 515B3 -115' of the Act. ' However, there ' are no assurances that i Declarant's re ce'd Assessment obligation will not affeCt' the ` level of services for other items set forth in the 'Association's budget.' In the event .that Declarant pays a reduced Assessment in ccordance with Section 6.7.1, Declarant shall be obligated, within sixty days following the termination of the Declarant Control Period,•to make up any operating deficit incurred by the Association during the Declarant Control Period. Notwithstanding the foregoing, the Association, during the Declarant Control Period or otherwise, may use the working capital fund to offset operating deficits as provided in Section 6.5. 6.7.3. The Declarant's reduced Assessment obligation shall apply to each Unit owned b Declarant at the time that any Assessment is levied against the Unit, and shall terminat with respect to each such Unit upon the issuance of a certificate of occupancy or c mparable City approval for the Unit. 6.8. Asses ent Lien. The Association has a lien on a Unit for any Assessment levied against that Unit fro the time the Assessment becomes due. If an Assessment is payable in installments, the full amount of the Assessment is a lien from the time the first installment thereof becomes due. Fees, charges, late charges, fines and interest charges imposed by the Association pursuant o Section 515B.3- 102(a)(10), (11) and (12) of the Act are liens, and are enforceable as Asses ments, under this Section 6. Recording of this Declaration constitutes record notice and per ection of any lien under this Section 6, and no further recordation of any notice of or claim fo the lien is required. The release of the lien shall not release the Owner from personal liabilit unless agreed to in writing by the Association. MPLS -Word 82902.3 12 6.9. Foreclos re of Lien-, Remedies. A lien for Assessments may be foreclosed against a Unit under the laws of the state of Minnesota (i) by action, or (ii) by advertisement in a like manner as a mortgage containing a power of sale. The Association, or its authorized representative, shall ha a the power to bid in at the foreclosure sale and to acquire; hold, lease, mortgage and convey y Unit so acquired. The Owner and any other Person claiming an interest in the Unit, b the acceptance or assertion of any interest in the Unit, grants to the Association a power o sale and full authority to accomplish the foreclosure. The Association shaII, in addition to its other remedies, have the right to pursue any other remedy at law or in equity against the Own el who fails to pay any Assessment or charge against the Unit. 6.10. Lien Pri encumbrances on a U (ii) any first mortgage assessments or charges a Unit is foreclosed; (ii Declaration; and (iii) n Minnesota Statutes Ch rit • Foreclosure. A lien for Assessments is prior to all other Iiens and it except (i) liens and encumbrances recorded before this Declaration; n the Unit; and (iii) liens for real estate taxes and other governmental against the Unit. Notwithstanding the foregoing, if (i) a first mortgage on the first mortgage was recorded on or after the date of recording of this o Owner redeems during the Owner's period of redemption provided by ipters 580, 581, or 582, then the holder of the sheriff's certificate of sale of the first mortgage shall take title to the Unit subject to unpaid vents thereof levied pursuant to Sections 51513.3- 115(a), (e)(1)`�to (3), (f) ;h Iecame> due, without `acceleration,'during the six months im ediately Following the chd of the Owner's period of redemption. ate Taxes and Assessments. Real estate. taxes, special `assessments; and which` may 'be levied against the Conmion'Elements, by governmental ocated among and :levied against tl e` Units based upon their respective set forth in Exhibit A; and 'shall be'a lien against' each Unit in th'e;same I estate taxes and special assessments.levied against the Unit alone , 6.12. Voluntiry Conve ances-, Statement of Assessments. In a voluntary conveyance of a Unit, the buyers all not be personally liable for any unpaid Assessments and other charges made by the Associati n against the seller or the seller's Unit prior to the time of conveyance to the buyer, unless expr ssly assumed by the buyer. However, the lien of such Assessments shall remain against the U it until released. Any seller or buyer shall be entitled to a statement, in recordable form, fro the Association setting forth the amount of the unpaid Assessments against the Unit, inc uding all Assessments payable in the Association's current fiscal year, which statement shall be binding on the Association, seller and buyer. SECTION 7 RESTRICTIONS ON USE OF PROPERTY All Owners d Occupants, and all secured parties, by their acceptance or assertion of an interest in the Prop( , or by their occupancy of a Unit, covenant and agree that, in addition to any other restriction which may be imposed by the Act or the Governing Documents, the occupancy, use, ope ation, alienation and conveyance of the Property shall be subject to the following restrictions: 7.1. Gener I. The Property shall be owned, conveyed, encumbered, leased, used and occupied subject to t e Governing Documents and the Act, as amended from time to time. All MPLS -word 82902.3 13 covenants, restrictions ; of a plan for the Prope Owners and Occupants their heirs, personal rep I obligations set forth in the Governing Documents are in furtherance (, and shall run with the Property and be a burden and benefit to all Id to any other Person acquiring or owning an interest in the Property, entatives, successors and assigns. 7.2. Certain S bdivisions and Come antes Prohibited. Except as permitted by this Declaration, no Unit no any part of the Common Elements may be subdivided or partitioned without the prior writte approval of all Owners and all secured parties holding first mortgages on the Units. 7.3. Residenti 1 Use. The Units shall be used by Owners and Occupants and their guests exclusively as p `vate, single family residential dwellings, and not for transient, hotel, commercial, business o other non - residential purposes, except as provided in Section 7.4. Any lease of a Unit (except or occupancy by guests with the consent of the Owner) for a period of less than thirty days, o any occupancy which includes services customarily furnished to hotel guests, shall be presume to be for transient purposes. x;.7.4. Business Use Restricted. No business, trade, occupation or profession of.any kind, wbether carried ii' forproft or otherwise, shall be conducted, maintained or penmtted; in .;. any: Un `or the Commv Elements, except: 7.4:1. An' Owner or—Occupant ant residin in a Unit may',- maintain a home p g " occupation in -.s ch.`Unit; provided, that such. use (i) is ,incidental _ to the residential ;use, (ii) does not in olve physical alteration of the Unit visible from the exterior, : - i,ii) is in compliance wi all governmental laws, ordinances and regulations; (iv) does not involve•: observable .busi e'ss; activity such as signs; advertising ;displays,: unusual numbers,of, deliveries, or usual levels of pedestrian or vehicular :.traffic to and from :the :;Unit, (y) does .not in olve employees; and (vi) does not otherwise involve activity which _ disturbs the qui t enjoyment of the Property by other Owners or Occupants. 7.4.2. The Association may maintain offices on the Property for management and related a oses. 7.4.3. Declarant may maintain offices, models, sales facilities and other business faciliti s on the Property in connection with the exercise of its declarant rights reserved herein 7.5. Leasing The Property is intended to be an Owner occupied residential community. Consiste t with philosophy, leasing of Units shall be allowed (subject to reasonable regulation by the Ass iation), but only in accordance with the following conditions: (i) no Unit shall be leased for tran ient or hotel purposes; (ii) no Unit may be subleased; (iii) a Unit must be leased in its entirety ( of by room) unless simultaneously occupied by the Owner; (iv) the lease shall be in writing; an (v) the lease shall provide that it is subject to the Governing Documents, the Rules and Regula ions and the Act, and that any failure of the lessee to comply with the terms of such doeume is shall be a default under the lease. The Association may impose such reasonable Rules and egulations as may be necessary to implement procedures for the leasing of Units, consistent ith this Section and applicable law, including but not limited to (i) a requirement for a fo addendum to be attached to each Unit lease to assure that the rights and authority of the Asso iation and Owners and Occupants are recognized, and (ii) a requirement MRS -Word 82902.3 14 for the screening of that such screening s 7.6. Stora e left outside the Units, portions of the Comm or used for parking, s1 The Garage shall be u such other incidental i are designed and init vehicles may be testr Board, the Stalls shall would prevent the pz driveways and other personal property per easements and restrict 7.7. Animal regulate, by Rules and; be exercised so as , to. p permitted (if any) shall and the like.. However, purposes, anywhere 'o sense and ' shalt ln' 61ud provision of the Gove qualified servied-dog the Fair Housing Ame 7.8. Quiet l of quiet enjoyment in to reasonable use of activities and odors w associated with the n Owners and Occupan unduly restrict, interf Owners and Occupant ees through a reputable, professional screening organization; provided not violate federal, state or focal discrimination laws. 1d Parkin e. Personal property may not be stored, displayed or otherwise cept as authorized by the Board. The streets, walkways, driveways and Elements used for access to and from the Units, may not be obstructed, age, activities or any purpose other than access and authorized parking. I for parking of vehicles owned or leased by Owners and Occupants and :s as may be authorized in this Declaration or by the Board. The Stalls led for use by standard size automobiles only. Parking of oversized ed, prohibited or unavailable. Except as authorized in writing by the A be converted to other uses or used for storage or other purposes which ing of a standard size automobile in the Stall. The use of Garage, irking areas on the Property (if any), and the types of vehicles and tted thereon, shall be subject to regulation by the Association and the is set forth in the Declaration of Easements. . The.Board shall have the exclusive authority to prohibit, or to allow and Regulations, the keeping of animals on the Property. This authority may e. niit or prohibit.differentr types of animals, but those,animals <. which are be limited to common domestic =house pets such as dogs, cats, - f sh;° birds no anirnal may be bred, or kept or maintained for business ovc6rr6ecciai. "1 L -the Property: The word- "animal shall 'be' interpreted in its: broadest . all living creatures exeept- humans. Notwithstanding the foregoing; no drig'Documents nor any Rule or Regulation may prohibit the keeping of a r similar animal by a person Who is handicapped within the meaning -of dlner}ts Act of -1988 or comparable state law: - , i oymen t All Owners and Occupants and their guests shall have a right Heir respective Units, subject to the rights of other Owners and Occupants ,ieir respective Units and to the normal and customary sights, sounds, .ch are generated from such use given the high density living environment ure and structure of the Building. Given the foregoing considerations, shall use the Property in such a manner as will not cause a nuisance, nor e with or impede the use and quiet enjoyment of the Property by other and their guests. 7.9. Prohibited Conduct No Owner or Occupant shall (1) cause or permit any physical changes to their Unit r the Common Elements that could jeopardize or impair the weather - tight soundness or safety o the Building, any Building system, or other improvement located on the Property; (ii) interfer with any easement; (iii) install or permit the installation of hard surface floor coverings withi their Unit without the prior written authorization of the Board, except for the replacement of oor coverings of the same type as originally installed in the unit by Declarant; or (iv) ca se or permit any physical changes to their Unit which could affect or damage the sound b ens or sound attenuation materials installed on or within the ceilings, floors or walls of the nit. 7.10. Im ro ements. Subject to Section 7.9 and this Section 7.10, no modifications, improvements, repaio or replacements of any type, temporary or permanent, structural, aesthetic MPIS -Word 82902.3 15 or otherwise (collective structure, building, addil or other type of sendin shrubbery, material topo be made, by any Owner in any part of the Unit v from the exterior of tl architectural committee Declarant's written cons no longer owns any Unit yreferred to as "improvements "), including but not limited to, any on, deck, patio, fence, wall, enclosure, window, exterior door, antenna or receiving apparatus, sign, flag, display, decoration, color change, �raphical or landscaping change, shall be made, or caused or allowed to :)r Occupant, or their invitees, in any part of the Common Elements, or hich affects the Common Elements or another Unit, or which is visible Unit, without the prior written authorization of the Board, or an appointed by it, and compliance with the requirements of this Section. .nt shall also be required for improvements until such time as Declarant for initial sale. i 7.10.1. :if e Board may appoint, supervise and disestablish an architectural committee, and cally delegate to it part or all of the functions which the Board i exercises under his Section, in which case the references to the Board shall refer to the architectural co 'ttee where appropriate. In the event the Board makes a delegation hereunder, the oard shall also determine whether there is a light to appeal decisions of the architectural committee to the Board and, if so, the procedures that shall govern such an appeal. No ithstanding the foregoing,: the architectural committee shall be subject to the supervision f the Board. 7.10:2: The Board shall have , authod to establish reasonable- forms- and rocedures for i ' for authorization for an rovements and reasonable r uirements,., p P ymg' p eq for improvetne ts. The Board; in- its sole discretion, -may impale standards,:for design, . appearance or c ttstruction which "are greater-or more stringent -,than standards prescribed G by the Governi g Documents,.or by building,, zoning, or other governmental laws, codes, or regulations; provided;ahat such standards = shall, be consistent :,with • the architectural character and :u e of the Property- as planned and developed:bythe,Declarant. The Board shall be the so judge of whether such criteria are satisfied, subject to any restrictions imposed by an ` applicable governmental laws codes, ordinances or regulations, and shall have the right and authority to approve, conditionally approve or deny requests for improvements its sole absolute discretion and its determination in this regard shall be binding upon a Owners, Occupants and any other Person holding or acquiring an interest in the nit. 7.10.3. The purpose of the requirements established by the Board shall be (i) to preserve the chitectural style, the quality and the value of the Property, and (ii) to protect the ssociation and the Owners from undue liability arising out of the improvements or any construction activity in connection therewith. 7.10.4. Improvements may be made in compliance with Section 515B.2 -113 of the Act, and elocation of the boundaries of Units may be made in compliance with Section 515B. -114 of the Act. 7.10.5. Approval of improvements which cause a minor encroachment upon another Unit r the Common Elements shall create an appurtenant easement for such encroachment in favor of the Unit with respect to which the improvements are approved, notwithstandi g any contrary requirement in the Governing Documents or the Act. A file of the Board r committee resolutions approving or denying all proposed improvements shall be mains ined permanently as a part of the Association's records. MPLS -Word 82902.3 16 7.1 0.. Notwithstanding the restrictions set forth in this Section 7.10, antennas may be insta'led in accordance with applicable federal Iaw and the Rules and Regulations consistent the ewith. 7.10.7 An Owner who causes an improvement to be made, regardless of whether the i provement is approved by the Board, shall be solely responsible for the construction tandards and specifications relating to the improvement, and for the construction ork. The Owner, and not the Association, is responsible for determining whether any ' mprovement is in compliance with any requirements imposed by any governmental authority having jurisdiction over the Property. The Owner shall hold harmless, ind fy and defend the Association, and its officers and directors, from and against any a penses, claims, damages, losses or other liabilities, including without limitation atto eys' fees and other professional fees and costs, arising out of (i) any improvement hieh violates any governmental laws, codes, ordinances or regulations; (ii) the inadeq acy of the specifications for construction of the improvements; or (iii) defects in he construction of the improvements. 7.10.8. This Section 7.10 shall not apply to improvements or,, changes .ta the Property made y Declarant in exercising its declarant rights under Section-15 r C 7.11: `. `.Coat li c& with Law. No use shall be made of the Property, which would violate ` an}�.then existing muni ipal cones =or ordinances, ot,state`or.f'ederal laws; nor shall. any:,,acteor use . be'Ypermitted 'which`' c uld'cause' waste "to the Property, pause a material'` increase Yn:,inprance `rates on the Property, or, otherwise cause any unusual ::liability; health or, safety..isk, or expense, =forAtlie Association or y Owner or Occupant. 7.12, Develo ent A :eement. The Property i s subject, to a Contract for Yri vate Redevelopment and Assessment Agreement with the,t Edina Housing and Redevelopment Authority. This Agre ent is recorded against the Property and contains various restrictions and requirements with resp ct to the development and use of the Property, and is binding upon the Property and the Owners and Occupants. 7.13. Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited. 7.14. Access to Units. In case of emergency, all Units and Limited Common Elements are subject to entry, without notice and at any time, by an officer or member of the Board, by the Association's managem nt agents or by any public safety personnel. Entry is also authorized for maintenance purposes under Sections 8 and 11 and for enforcement purposes under Section 12. The following Property. SECTION 8 MAINTENANCE AND REPAIR shall govern the maintenance, repair and replacement of the MPES -Word 82902.3 17 8.1. Asso maintenance, repair in accordance with t 8.1.1. under this 1. accordance a 8.1.2. obligation for However, if t. the; Associati, perform the reasonable nc Owner. lion Responsibility. The Association shall undertake and perform the id replacement of all Common Elements and Limited Common Elements, following provisions and subject to the following qualifications: The costs associated with the Association's maintenance obligations ion 8.1 shall be funded by Assessments determined and levied in Section 6. The Association may, upon written notice, assign to an Owner the iintenance of a Limited Common Element allocated to the Owner's Unit. Owner fails to perform the maintenance to the standards established by the Association may enter the Unit or Limited Common Element, intenance and assess the Owner's Unit for the costs; provided that e and an opportunity to cure the violation shall first be given to the Association shall be responsible for incidental damage caused to a Unit of its, Limited Common Elements by work undertaken by the Association pursuant to this Section. 8.1.6. If damage is caused to the Common Elements, Limited Common Elements or of er Units by an Owner or Occupant, or their invitees, or by any condition in the Unit or invited Common Elements which the Owner or Occupant has caused or allowed to exis ,t the Association may, upon reasonable notice, repair the damage or correct the condition and assess the cost thereof against the responsible Owner's Unit. 8.2. Owner es onsibilit . The Owner shall, at his or her expense, be responsible for maintenance, repair and replacement as follows: 8.2.1. To maintain, repair, and replace all portions of the Owner's Unit, except those maintained by the Association, in good, clean, sanitary and safe condition. 8.2.2. To perform maintenance of the Limited Common Elements allocated to the Unit to th extent the Association assigns such obligations to the Owner. The Association in y require that the Owners perform their maintenance obligations in accordance wi standards established by the Association. 8.2.3. To perform the foregoing maintenance obligations in such manner as not to damage t e Property, or unreasonably disturb or cause a hazard to other persons occupying or us ng the Property. MPIS -Word 82902.3 18 8.2.4. the Associati4 Elements or To promptly pay or reimburse the Association for any costs incurred by for the repair of any damage to the Common Elements, Limited Common -r Units, caused by the Owner or Occupant, or their invitees, or caused by any condition in the Unit or Limited Common Elements which the Owner or Occupant has allotfor d it 8.3. lRe ort Defects. The Association shall regularly inspect the Common Eleurpose of evaluating the need for maintenance, repair o r replacement. ants shall promptly report to the Association any material defect in the Commomited Common Elements which may require maintenance, repair or replacement 8.4. Ease Common Elements replacement and rec f 9.1.1..1 If an amount eqI i Property, less. j normally excli I machinery). T referred to in i Board, but mu hereafter. The The policy oz endorsements, additional end hazards as ma, Administratior National Mor i Corporation (` mortgage on a written agreen FHA, VA, FT coverages or e for Maintenance Repair and Replacement. Each Unit and the Limited Common Elements are subject to the maintenance, repair, action easements described in Section 11. SECTION 9 INSURANCE koverage: ;The Association shall obtain and maintain, at a minimum , es of insurance in. accordance with the insurance requirements set forth nx tiona] --requirements , set forth •herein,, . issued by ,a reputable ,.insurance • ; authorized to do.business in the state of Minnesota, as follows: a Property insurance in broad form covering all risks of physical loss in ia.1 io one.,hundred .per�qerit of, the : insurable "replacement :cost" of the deductibles, exclusive . of land, footings, excavation and other items ided from coverage (but including all building service equipment and he Association may or may not insure the improvements and betterments Section 515B.3- 113(b)(i) through (vii) of the Act, as determined by the A do so if required by the FNMA, FHLMC, FHA or VA, as referred to policy or policies shall cover personal property owned by the Association. policies shall also contain "Inflation Guard" and "Agreed Amount" if reasonably available. Such policy or policies shall include such >rsements, coverages and limits with respect to the foregoing and other be required from time to time by the regulations of the Federal Housing ( "FHA "), the U.S. Department of Veterans' Affairs ( "VA "), the Federal gage Association ( "FNMA '} or the Federal Home Loan Mortgage FHLMC') as a precondition to their insuring, purchasing or financing a nit. The Board may also, on behalf of the Association, enter into binding nits with a mortgagee, insurer or servicer, including without limitation the A or FHLMC, obligating the Association to keep certain specified d rsements in effect. 9.1.2. Commercial general liability insurance covering the use, operation and maintenance o the Common Elements, with minimum limits of One Million Dollars per occurrence, ag inst claims for death, bodily injury and property damage, and such other risks as are cu tomarily covered by such policies for projects similar in construction, MPLS -Word 82902.3 19 location and use endorsement wh Occupant becau; The policy shall to such hazards FHLMC as a pr Unit. 9.1.3. of directors, offs funds belonging Board or require to the purchase, bond or insuran with the regulat agencies as a mortgage on a L 'serve without e+ 9.2. Premiuir this Section, all insuran deductible amounts sha Units are covered, an Association may, in th+ amount as a Common any reasonable manner amount directly. The deductible amount may 9.3. Loss Association shall be Association (or a qi Owners and secured by it, shall have ext under any insurance 9.4. R+ Association shall ► the Property- The policy shall contain a "severability of interest' i shall preclude the insurer from denying the claim of an Owner or of negligent acts of the Association or other Owners or Occupants. ;lude such additional endorsements, coverages and limits with respect may be required by the regulations of the FHA, VA, FNMA or Dndition to their insuring, purchasing or financing a mortgage on a fidelity bond or insurance coverage against dishonest acts on the part rs, managers, trustees, employees or persons responsible for handling or administered by the Association, if deemed to be advisable by the by the regulations of any financing- related institution as a precondition surfing, guarantee, or financing of a mortgage on a Unit. The fidelity shall name the Association as the named insured, and shall comply ns of the FNMA, FHLMC, FHA or VA, if required by one of such econdition to the purchase, financing, insuring, or guarantee of a it. An appropriate endorsement to the policy to cover any persons who pensation shall be added if the policy would not otherwise cover aiver of defense based upon the exclusion of persons serving without A be added. Workers' Com- PMsatton insurance' its applicable And required by law Directors and officers liability insuranee with` such 'reasonable ` limits the Board shall determine from time to time. Such other insurance as the'Board ay deteriine -from time; #o time to rests of the Association and the 'Owners Improvements; Deductibles. Except as provided in Section 6.4 and e'premiums shall be assessed and paid as an annual Assessment. Policy I be determined by the Board. If improvements and betterments to the increased cost may be assessed against the Units affected. The case of a claim for damage to a Unit or Units, (i) pay the deductible ,xpense; (ii) assess the deductible amount against the Units affected in or (iii) require the Owners of the Units affected to pay the deductible Association's decision as to who shall be charged with paying the but need not, be based on fault. Insurance Trustee. All insurance coverage maintained by the n in the name of, and the proceeds thereof shall be payable to, the I insurance trustee selected by it) as trustee for the benefit of the which suffer loss. The Association, or any insurance trustee selected authority to negotiate, settle and collect upon any claims or losses maintained by the Association. that: All policies of property insurance carried by the MPLS -Word 829023 20 9.4.1. ach Owner and secured party is an insured person under the policy with respect to li bility arising out of the Owner's interest in the Common Elements or membership in th Association. 9.4.2. a insurer waives its right to subrogation under the policy against any Owner or membe of the Owner's household and against the Association and members of the Board. 9.4.3. omission of an t of the Associati condition regar, control. 9.4.4. name of an ( policy is prin The coverage shall not be voided by or conditioned upon (i) any act or vner or mortgagee, unless acting within the scope of authority on behalf L, or (ii) any failure of the Association to comply with any warranty or rig any portion of the Property over which the Association has no If at the time of a Ioss under the policy there is other insurance in the :r covering the same property covered by the policy, the Association's on-, Notice of Loss. Property insurance, and comprehensive liability, tained.by the Association shall provide that the policies_ shall not �be -:modified; for any reason,: without at least thirty days prior written A and t' 411 secured parties holding ,first mortgages, on Units. m in Lieu of Cash Settlement. • All policies, of property,; insurance the .Association shall provide that, despite any provisions giving.�the ". ' to restore damage in lieu of 'a cash settlement, such option_ shalYnot +be to prior written approval of the Association (or any insurance truste4 o'r..., h provisions of any insurance trust agreement to which the Association auirement of law. 9.7. Owner's Personal Insurance. Each Owner is encouraged to obtain additional personal insurance cov rage (commonly known as "gap coverage" or an "HO6" policy) at his or her own expense cove 'ng fire and other casualty to the interior of the Unit, and the Owner's personal property and ersonal liability. Insurance policies maintained by Owners are without contribution as again the insurance purchased by the Association, except as to deductible amounts or other items not covered under the Association's policies. SECTION 10 RECONST)IUCTION, CONDEMNATION AND EMINENT DOMAIN 10.1. Reconstruction. The obligations and procedures for the repair, reconstruction or disposition of the Property following damage or destruction thereof shall be governed by the Act. Any repair or recons ction shall be commenced as soon as practicable after the casualty and shall be substantially n accordance with the plans, specifications and design of the Property as initially constructed d subsequently improved. Notice of substantial damage or destruction shall be given as prow ded in Section 14.10. 10.2. Conde ation and Eminent Domain. In the event of a taking of any part of the Property by condemn tion or eminent domain, the provisions of the Act shall govern; provided, MPLS -Word 82902.3 21 (i) that notice shall be given as provided in Section 14.10; (ii) that the Association shall be the attorney -in -fact to repre nt the Owners in any related proceedings, negotiations, settlements or agreements; and (iii) th t any awards or proceeds shall be payable to the Association for the benefit of the Owners an the mortgagees of their Units. Mortgagees shall be entitled to priority for condemnation away s in accordance with the priorities established by the Act and the Governing Documents, s their interests may appear. 10.3. Terminat on and Li uidation. The termination of the common interest community, and the dis ribution of any proceeds therefrom, shall be governed by the Act. Any distribution of funds sh It be based upon the value of the Units as determined by their relative value for property insur nee purposes, and shall be made to Owners and their mortgage holders, as their interests may ap ear, as provided in the Act. 10.4. Notice. The Association shall give written notice of any condemnation proceedings or subst ial destruction of the Property to the Eligible Mortgagees entitled to notice under Section 14 10. 10.5. Assoc: eminent domain, tern shall have ::authority settlement of claims: the; benefit = of the + accordance with the Each Unit, therein, shall be si Section 11. ion's Authority. In all cases :involying reconstruction, condemnation, ration or .liquidation of -the ,carriinon, interest ,community, the Association act on 'behalf of the Owners in all: proceedings, negotiations :and .... Jl'p.rbcebds1, shall be payable ito.Ahe Association. to hold and distribute,for:,,, vneis ,and their,; mortgage - :holders; as their . interests may . appd'ar; m. SECTION 11 EASEMENT'S the Common Elements, and the rights of the Owners and Occupants ,t to the appurtenant easements and rights granted and reserved in this 11.1. JAcces Each Unit shall be the beneficiary of a nonexclusive easement for access to and from poadways and walkways on and across those portions of the Common Elements (if angnated for use as driveways or walkways, as originally constructed, shown on the Plat or se designated by the Association, subject to any restrictions authorized by the Governing ents or the Rules and Regulations. 11.2. Use nd En'o ent. Each Unit shall be the beneficiary of nonexclusive easements for use nd enjoyment on and across the Common Elements and any Limited Common Element al ocated to the Units, subject to any restrictions authorized or imposed by the Governing Documen S. 11.3. Struct ral Su ort. Each Unit and the Common Elements shall be subject to and the beneficiary of nonexclusive easements for structural support in all walls, columns, joists, girders and otherstructural components located in or passing through another Unit or other parts of the Building, or s aced with an adjoining Unit or the Common Elements - 11.4. Encr achments. Each Unit and the Common Elements, and the rights of the Owners and Occup is therein, shall be subject to a nonexclusive easement in favor of the MPLS -Word 82902.3 22 adjoining Units for encr achments caused by the construction, reconstruction, repair, shifting, settlement or movement f any part of the Property, and for improvements which are added in compliance with Section 7.10. If there is an encroachment upon another Unit or the Common Elements, as a result o any of the aforementioned causes, an easement shall exist for the encroachment, for the us , enjoyment and habitation of any encroaching Unit or improvement, and for the maintenance thereof. Improvements or alterations added pursuant to Section 7.10 shall be limited to min r encroachments, and no easement shall exist unless the proposed improvements or alterati ns have been approved and constructed as required by this Declaration. Such easements shall co tinue for as long as the encroachment exists and shall not affect the marketability of title. 11.5. Maintena of the Owners and Oc Element, shall be subj Association for the m Elements, Units and oth to the extent necessary I Each Owner shall afford = reasonable times and up ` Elements or. notice and at any time it 11.6. Utilities. by nonexclusive easem( ' other service providers utilities, 'services and c cable TV, internet and systems and. similar s operating systems, and of the development of t] Association under auth i described or referred t and the rights of the O non - exclusive, easeme i for all such utilities, se this Section. Utilities repaired so as not to in Occupants, nor affect Element improvements ice, Repair Replacement and Reconstruction. Each Unit, and the rights :upants thereof, and the Common Elements and Limited Common ;ct to and benefited by a nonexclusive easement in favor of the intenance, repair, replacement and reconstruction of the Common r improvements located within the Units, and utilities serving the Units, 3 fulfill the Association's obligations under the Governing Documents. to the Association and its management agents and employees; access at )n reasonable notice, to and through the Unit and it's Limited'Common x, repair and 'ieplacement; provided that access may be had without case of emergency. The Cornmon Elements and the Units shall be subject to and benefited , nts in favor of the Association; the City an d all utility' companies and for the installation, use,, maintenance, repair and replacement .of alt,, ; >mmon operating systems, such as natural gas,, electricity; telephone, ether electronic or digital communicationsystems, water, sewer; septic rvices, irrigation systems, fire control 'systems and other common petering and control devices, which exist, which are constructed as part e Property, which are approved by the City, which are approved by the ,rity contained in the Governing Documents or the Act, or which are in the Plat, this Declaration or other recorded instruments. Each Unit, ners and Occupants thereof, shall also be subject to and benefited by a in favor of the other Units, the Common Elements and the Association ices and systems installed in accordance with the foregoing provision of nd related services or systems shall be installed, used, maintained and :rfere with the use and quiet enjoyment of the Units by the Owners and e structural or architectural integrity of the Building, Units or Common 11.7. Emergency Access to Units. In case of emergency, all Units and Limited Common Elements are subject to an easement, without notice and at any time, in favor of the Association for access by the Association's management agents, and in favor of fire, police or other public safety pers nnel. 11.8. Pro'ect i s. Declarant and the Association shall have anon-exclusive easement and right to erect d maintain temporary and permanent signs and related monuments identifying the commo interest community on the Common Elements and on Units owned by the Declarant. Those parts of the Property on which permanent monument signs or related MPlS -Word 82902.3 23 improvements are located for the continuing use, ma 11.9. Declarai exclusive easements in in the Governing Doca 11.10. Other E be recorded against the 11.11. Declaration of Easemen City, the Declarant, and Square development ai Easements establishes < respect to the Grandvie, + the Association. These i I and for parking, in favoi certain roadways local obligations ;tt at are estat and among the Associai the', r-'em pursuant `to an Assignment of Maintem upon .:,O ch such otl - Assignment" ). The I maintaining certain °po assessed against the Uni 11.12: Contin Section (c) shall run wi supplement and not li recorded; (iii) shall be easement; and (iv) sh Property for purposes 11.13. Non y shall do so in a reas Property or cause dai any part of the Prope Person shall impair, equipment installed 1 Owner or Occupant services thereto. 11.14. Bend and Occupants of the the right to occupy tr not have the use and i be subject to non - exclusive easements in favor of the Association ince, repair and replacement of said signs and improvements. asements. The Units and Common Elements are subject to of the Declarant for the exercise of its declarant rights as described The Property shall be subject to such other easements as may in accordance with the provisions of the Act. )n of Easements. The Property is subject to and benefited by the entered into by the Edina Housing and Redevelopment Authority, the PUS Northwest, LLC, the developer of other parts of the Grandview a Subject to any future amendment thereof, the Declaration of d defines certain easement rights and maintenance obligations with Square development area, including certain rights and obligations of ghts include easements for utilities, for access to and from the Property, of'the Owners and Occupants, and public access and parking rights ott d `within the Grandview 'Square development. The marntenance fished under the Declaration of Easements are delegated and assigAe'a4 F ion and the other common interest - community associations referenced:;; Assignment of Mainteriance `Obligations and the First Amendment,4: .0 ` nce- Obligations recorded against tli6Troperty and the adjacent roe x P P � '' ier common interest Communities` are located (collectively. the t >signment also obligates the Association to contribute 'to tthe costs o .. ons %of such adjacent property which costs shall be'_a Common Expense.;; . s pursuant to Section 6. ; F ion Scope and Conflict of Easements. The easements set forth in this i the land and shall be appurtenant to the benefited Property, (ii) shall it any easements described elsewhere in this Declaration, or otherwise ,rmanent, subject only to termination in accordance with the terms of the include reasonable access to the easement areas over and through the construction, maintenance, repair, replacement and reconstruction. ference: Impairment Prohibited. All Persons exercising easement rights ble manner so as not to materially interfere with the operation of the e to the Property, and shall be financially liable for all costs of repair of which is damaged by the Person's exercise of the easement rights. No struct or cause damage to any easement area, or improvements or ein. Notwithstanding anything in this Declaration to the contrary, no .1 be denied reasonable access to his or her Unit or the right to utility of Easements. All easements benefiting a Unit shall benefit the Owners nit, and their families and guests. However, an Owner who has delegated Unit to an Occupant or Occupants, whether by a lease or otherwise, does ter easements rights in the Property during such delegated occupancy, NdPLS -word 82902.3 24 except (i) as a guest of an Owner or Occupant, or (ii) in connection with the inspection of the Unit or recovery of pos ession of the Unit pursuant to law. Each Owner ai Property, shall be gc Documents, the Rules to time, and the decisi the relief set forth in t the Governing Docum 12.1. Entitlei discretion, against an enforce compliance m decisions of the Assoc Association, nor take and Regulations or tl reason:, . 12.1 ;Remed administrative,or lega any one or more of t. who violate the provi: 12.2.1 °. competent juri SECTION 12 COMPLIANCE AND REMEDIES Occupant, and any other Person owning or acquiring any interest in the ;med by and comply with the provisions of the Act, the Governing ad Regulations, and such amendments thereto as may be made from time is of the Association. A failure to comply shall entitle the Association to s Section, in addition to the rights and remedies authorized elsewhere by its or the Act. ent to Relief. Legal relief may be sought by the Association, at its Owner, or by an Owner against the Association or another Owner, to h the Governing Documents, the Rules and Regulations, the Act or the ition. However, no Owner may withhold any Assessments payable to the r „omit other action Iin' violation of the Governing Documents, the Rules 12.2.2. Impose late charges of up to the greater of twenty -five dollars, or fifteen percent of the amount past due, for each past due Assessment or installment thereof, and i pose interest at the highest rate permitted by law accruing beginning on the first day of he month after the Assessment or installment was due. 12.2.3. In the event of default of more than thirty days in the payment of any Assessment or installment thereof, all remaining installments of Assessments assessed against the Unit owned by the defaulting Owner may be accelerated and shall then be payable in ful if all delinquent Assessments or installments thereof, together with all attorneys' and other professional fees, costs and late charges, are not paid in full prior to the effective d to of the acceleration. Not less than ten days advance written notice of the effective date f the acceleration shall be given to the defaulting Owner. 12.2.4. Impose reasonable fines, penalties or charges for each violation of the Act, the Gove ing Documents or the Rules and Regulations. 12.2.5. Suspend the rights of any Owner or Occupant, or their invitees, to use any Common lement amenities; provided, that the suspension of use rights shall not apply to Limited Common Elements allocated to the Unit, and those portions of the Common Elements providing utilities service and access to the Unit. Such suspensions MPIS -Word 82902.3 25 shall be limited under the Govei 12.2.6. or Units, or Li altered, by ar Documents, as their Units. periods of default by such Owners and Occupants in their obligations ig Documents, and for up to one year thereafter, for each violation. Enter any Unit and restore any portions of the Common Elements, Unit ted Common Elements damaged or altered, or allowed to be damaged or Owner or Occupant, or their invitees, in violation of the Governing to assess the cost of such restoration against the responsible Owners and 12.2.7. Enter any Unit or Limited Common Element in which, or as to which, a violation or br ach of the Governing Documents or the Rules and Regulations exists which materiall affects, or is likely to materially affect, the health or safety of the other Owners or Occ pants, or their guests, or the safety or soundness of any Unit or other part of the Property or the property of the Owners or Occupants. The Association may summarily aba demolish and remove, at the expense of the offending Owner or Occupant, any tructure, thing or condition in the Unit or Limited Common Elements which is causin the violation; provided, that any improvements which are a part of a Unit may be al ered, demolished or removed only pursuant to a court order or with the agreement of th Owner. 12.2.8.;., Foreclose any, lien 'ansing under the provisions of the Governing . Documents or u ider law, in the manner provided bythe Act: 12.3. Ri hts t Hearin . Before the imposition'.of any of the remedies authorized by Section 12.2.4, 12.2.5, 12.2.6 or 12.2.7, the Board shall; upon written request of the..,offender, grant to the offender a opportunity for a fair, and equitable hearing as contemplated by the Act:> The offender shall be iven notice of :the nature of the violation and the right to a hearing; ,anl ten days within which o request a hearing. The hearing shall be scheduled by the Board and held within thirty days f receipt of the hearing request by the Board, and with at least ten days' prior written notice to t e offender. If the offender fails to timely request a hearing or to appear at the hearing, then the right to a hearing shall be waived and the Board may take such action as it deems appropriate. The decision of the Board and the rules for the conduct of hearings established by the Boar shall be final and binding on all parties. The Board's decision shall be delivered in writing to he offender within ten days following the hearing, if not delivered to the offender at the hearing. 12.4. Lien for Char es Penalties Etc. Any charges, fines, expenses, penalties, interest or other impositions under this Section shall be a lien against the Unit of the Owner or Occupant against whom the sam are imposed and the personal obligation of such Owner in the same manner and with the s me priority and effect as Assessments under Section 6. The lien shall attach as of the date of mposition of the remedy, but shall not be final as to violations for which a hearing is held until the Board makes a written decision at or following the hearing. All remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a waiver of the Association's right to pursue any others. 12.5. Costs and Fees. With respect to any collection measures, or any other measure or action, legal, administr tive or otherwise, which the Association takes pursuant to the provisions of the Act, Governing Documents or Rules and Regulations, whether or not finally determined by a court or arbitrate the Association may assess the Unit owned by the violator with any MPLS -Word 82902.3 26 expenses incurred in charges previously ii fees, costs and intere, the Association. Suc charged to the Asso, Association in collec Occupant. The foreg( and shall be a lien az� onnection with such enforcement, including without limitation fines or posed by the Association, reasonable attorneys' and other professional (at the highest rate allowed by law) on the delinquent amounts owed to expenses shall also include any collection or contingency fees or costs ation by a collection agency or other Person acting on behalf of the ng any delinquent amounts owed to the Association by an Owner or ng fees and costs shall be the personal obligation of the Owner of the Unit Zst such Owner's Unit. 12.6. Liabili for Owner's and Occupant's Acts. An Owner shall be liable for the expense of any maint nance, repair or replacement of the Property rendered necessary by such Owner's acts or omiss ons, or by that of Occupants or invitees in the Owner's Unit, to the extent that such expense is n t covered by the proceeds of insurance carried by the Association or such Owner or Occupant. owever, any insurance deductible amount and/or increase in insurance rates, resulting from the Owner's acts or omissions may be assessed against the Owner responsible for the con ition and against his or her Unit. 13.1.1. I The Board. 13.1.2. Owners of Units to which are allocated at least sixty -seven percent of the total votes i the Association, except as otherwise provided by the Act. 13.1.3. The percentage of Eligible Mortgagees (based upon one vote per Unit financed) as and if required by Section 14. 13.1.4. 13.2. Procedi of the Association dul, Declarant, if required, provided in the Act. vote, or the executioi thereof for all numose MPIS -Word 82902.3 Declarant as to certain amendments as provided in Section 15.7. 'es. Approval of the Owners may be obtained in writing or at a meeting held in accordance with the Bylaws. Consents of Eligible Mortgagees or ;hall be in writing. The amendment shall be effective when recorded as n affidavit by the Secretary of the Association as to the outcome of the of the foregoing agreements or consents, shall be adequate evidence including without limitation, the recording of the amendment. 27 Notwithstandi Act or other laws, Eli 14.1. Consent the written consent of are subject to first financed) shall be req provision governing twenty-five percent; reserves for mainten maintenance and rep I Common Elements, (viii) convertibility of of the Property or the (x) hazard or : -Fidelity- leasing of Units; (xii) i her Unit; (xiii) a decisi more Units) to tstablis previously by'the ,Gov the Property (after:a' specified in' the "Govt common interest court provisions tear express 14.2. Consent written consent of Elig are subject to first m financed) shall be re (ii) change the allocat' Common Elements; (iv) abandon, partition, insurance proceeds fo except as otherwise pr SECTION 14 RIGHTS OF ELIGIBLE MORTGAGEES anything to the contrary in the Governing Documents, but subject to the le Mortgagees shall have the following rights and protections: to Certain Amendments. Subject to Declarant's rights under Section 15, .ligible Mortgagees representing at least fifty -one percent of the Units that )rtgages held by Eligible Mortgagees (based upon one vote per Unit red for any amendment to the Governing Documents which changes any fie following: (i) voting rights; (ii) increases in annual Assessments over ii) Assessment liens, or priority of Assessment liens; (iv) reductions in ce, repair and replacement of Common Elements; (v) responsibility for rs; (vi) reallocation of interests in the Common Elements or Limited )r rights to their use; (vii) redefinition of any Unit boundaries; Jnits into Common Elements or vice versa; (ix) expansion or contraction addition, annexation or withdrawal of property to or from the Property; insurance requirements; (xi) imposition of material restrictions on ;the :nposition of any restrictions on an Owner's rightto sell or transfer his or, >n by the Association (if the common interest community involvesy or rsdf management when professionaI'inanagement is in effect _as required; :ruing Documents.or an Eligible Mortgagee; (xiv) restoration or.repair,of hazard damage or partial 'condemnation) in ,a' manner other thati that. . ruing Documents; (xv) any action to terminate the legal status of: the " unity after substantial destruction or condemnation occurs; or (*O) any y benefit Eligible Mortgagees; or'insurers or guarantors of mortgage &'; to Certain Actions. Subject to Declarant's rights under Section 15, the ble Mortgagees representing at least sixty -seven percent of the Units that rtgages held by Eligible Mortgagees (based upon one vote per Unit uired to (i) abandon or terminate the common interest community; t ns of voting rights, Common Expense obligations or interests in the iii) partition or subdivide a Unit except as permitted by statute; subdivide, encumber or sell any Common Elements; or (v) use hazard other than the repair, replacement or reconstruction of the Property, o ided by law. 14.3. Consent to Subdivision. Except as authorized by this Declaration, no Unit may be partitioned or subdivid d without the prior written approval of the Owner and the mortgagee of the applicable Unit, an d the Association. 14,4. No Ri h of First Refusal. The right of an Owner to sell, transfer or otherwise convey his or her Unit s all not be subject to any right of first refusal or similar restrictions. 14.5. Priorit f Lien. Any Person who comes into possession of a Unit by foreclosure of the first mortgage o a Unit, or by deed or assignment in lieu of foreclosure of the first mortgage on a Unit, t es the Unit free of any claims for unpaid Assessments or any other charges or liens impose against the Unit by the Association which have accrued against such MPLS -Word 82902.3 28 Unit prior to the acquisition of possession of the Unit by said Person, (i) except as provided in Section 6.10 and the ct, and (ii) except that any unreimbursed Assessments or charges may be reallocated among all nits in accordance with their interests in the Common Elements. 14.6. Prioritv of Taxes and Other Charges. All taxes, assessments and charges which may become liens pri r to the first mortgage under state law shall relate only to the individual Units and not to the Pr perty as a whole. 14.7. Priori shall give an Owner, pursuant to its mortg� condemnation awards Association shall give domain proceeding of authority. 14.8. Re uirer professional manageme provide for terminatior cause, upon a < imun Ethan ninety days, prior U v 14.9.!. :Access � insurer or guarantorof and records of the As: receive free of charge, 1 .;financial statements., ` F within one hundred eil Eligible Mortgagee, in require that, at its own the preceding year, in N copy given to the requ( Units, the Association community consists of r Condemnation Awards. No provision of the Governing Documents any other party, priority over any rights of the mortgagee of the Unit in the case of a distribution to such Owner of insurance proceeds or r losses to or a taking of the Unit and/or the Common Elements. The itten notice to all Eligible Mortgagees of any condemnation or eminent ring the Property promptly upon receipt of notice from the condemning ents for Management Agreements. The term of any agreement for !t of the Property shall not, exceed two years.. Any such agreement shall without penalty or termination :fee Eby either party as follows: (i) with of thirty days priorwritten notice; +:,and .(ii)`without cause, upon not less ; -itten notice. " r Books, ,,and °Records/Audit: Eligible . Mortgagees, or an institutional mortgageJoan against a Unit, shall have the right to examine the books. ►ciation upon:reasonable- notice, during normal business hours, and to _ pon written request" Association's annualreports.and „other _. iancial statements, including`.those.which are audited, shall be available ity days after the end of the Association's fiscal year. FNMA, or any itutional :arantor or insurer of a mortgage loan against a Unit, may xpense, audit of the Association's financial statements be made for ice the Association shall cooperate in having an audit made and a ing party. If the common interest community consists of fifty or more all provide the requested audit at its expense. If the common interest wer than fifty Units, the requesting party shall pay for the audit. 14.10. Notice R uirements. Eligible Mortgagees and, upon written request to the Association, any institutional guarantor or insurer of a mortgage loan against a Unit shall be entitled to timely written notice o£ 14, 10. condemnation loss or any casualty loss which affects a material portion of the Pro erty or the Unit securing the mortgage; 14.10.2. sixty day delinquency in the payment of Assessments or charges owed by the Own r of a Unit on which it holds a mortgage; 14.10.3. lapse, cancellation or material modification of any insurance policy maintained by the ssociation; and 14.10.4. proposed action which requires the consent of a specified percentage of Eligible Mortga ees. MPLS -Word 82902.3 29 Declarant her special declarant rig development rights s may be specifically ij SECTION 15 DECLARANT RIGHTS reserves exclusive and unconditional authority to exercise the following within the meaning of Section 515B.1- 103(32) of the Act, and other ified herein, for as long as it owns a Unit, or for such shorter period as 15.1. Com l to Improvements. To complete all the Units and other improvements indicated on the Plat, r otherwise included in Declarant's development plans or authorized by the City or by this De laration, and to make alterations in the Units owned by Declarant and the Common EIements to commodate the exercise of any declarant rights. 15.2. Rights to Relocate Boundaries and Alter Units. Declarant shall have the exclusive right and authority to relocate the boundaries of and to otherwise alter any Unit owned by it. 15.3. Sales F, aflice, :models and, otl and within any Units c _Property. sale,or lease, in or on ai cilities. To construct, operate and maintain a sales office, management;;♦ r development, sales and rental facilities within the Common ,Elements; ned er leased by Declarant from time to time, located ,anywhere on the o erect and maintain signs and other,sa'les displays offering the Units for y Unit owned by Declarant and on the, Common Elements. I s , To have and use easements,' fbi itself;` its employees; contractors, _. respective purchasers and otlZer invitees tliroiigh grid over the;Coi=, on or the purpose of exercising its declarant rights. 15.6. Control Association, including v Board pursuant to Sectic control by Declarant; (i conveyance to Owners c authorized to be include first conveyance of a Un Owners other than Decl, and one -third percent of days following the con authorized to be include( 15.7. Consent t� for any amendment to a earlier of (i) the date wh( (ii) three years following MPLS -Word 82902.3 P Association. To control the operation and administration of the ithout limitation the power to appoint and remove the members of the ► 5158.3 -103 of the Act, until the earliest of (i) voluntary surrender of 1 an Association meeting which shall be held within sixty days after her than Declarant of seventy -five percent of the total number of Units ! in the Property; or (iii) the date three years following the date of the I to an Owner other than Declarant. Notwithstanding the foregoing, the -ant shall have the right to nominate and elect not less than thirty -three he directors at a meeting of the Owners which shall be held within sixty eyance by Declarant of fifty percent of the total number of Units in the Property. 'ertain Amendments. Declarant's written consent shall be required of the Governing Documents or Rules and Regulations until the Declarant or its affiliate no Ionger owns any Unit for initial sale, or date of recording of this Declaration. 30 SECTION 16 MISCELLANEOUS 16.1. Severn ilit . if any term, covenant, or provision of this instrument or any exhibit attached hereto is h Id to be invalid or unenforceable for any reason whatsoever, such determination shall n t be deemed to alter, affect or impair in any manner whatsoever any other portion of this Declar ion or exhibits attached hereto. 16.2. Const ction. Where applicable, the masculine gender of any word used herein shall mean the femini a or neutral gender, or vice versa, and the singular of any word used herein shall mean the lural, or vice versa. References to the Act, or any section thereof, shall be deemed to include an statutes amending or replacing the Act, and the comparable sections thereof. Any amendm nt to the Act shall retroactively apply to the Association and the Property, except as expressly pro ibited or qualified by the Governing Documents. I6.3. Tender i give rise to a demand 1 Act, the Association sh give Declarant writt .action; and (iii) an oPPr 16 4 Notices. the Act,:: all notjces rey officers,' or, the-, Owner delivery, or mailing if States. mail,; except tha upon receipt by the Ass F Claims. In the event that any incident occurs which could reasonably y the Association. against Declarant for indemnification pursuant to the .11 promptly tender the defense of the action to its insurance carrier, and n notice of-such; tender; (ii) written ,notice of the ,specific. nature of the tuniaty to defend+ against the action. Unless specifically provided otherwise in the Governing Documents; or dreg to tie given by or to .the Association, the Board; the Association or Occupants shall be in writing and shall be effective upon:. band properly addressed with postage - prepaid and deposited in the United registrations pursuant to Section 2.2 of the Bylaws shall be effective elation: 16.5. Conflicts Among Documents. In the event of any conflict among the provisions of the Act, this Declaration, th e Bylaws and the Rules or Regulations, the Act shall control unless it permits the doe eats to control. As among this Declaration, the Bylaws and the Rules and Regulations, this D claration shall control, and as between the Bylaws and the Rules and Regulations, the Bylaws hall control. 16.6. Duration f Covenants. The covenants, conditions, restrictions, easements, liens and charges contained i this Declaration shall be perpetual, subject only to termination as provided in this Declarati n and the Act. MPLS -Word 82902.3 I 31 IN WITNESWHEREOF, the undersigned has executed this instrument the day and year first set forth in accordance with the requirements of the Act. STATE OF MINNE; COUNTY OF The foregoin 200 said entity. R.E.C., INC. By: Title: C 60. )TA ) ) ss. ) instrument as acknowle ed before me this /O� day of �, by �4YIQf d C r the of R.E.C., Inc., a Minnesota corporation, on behalf of "V - � Notary Public DRAFTED BY: LOR! A. MAZANEC MPLS -Word 82902.3 32 Unit Number COMMON INTEREST COMMUNITY NO. 1521 .GE HOMES OF GRA.NDVIEW SQUARE III EXHIBIT A TO DECLARATION DULE OF UNITS AND PERCENTAGE INTERESTS Percentage of Percentage of Undivided Interest Unit Number Undivided Interest 3101 2.405% 3302 3102 2.076% 3303 3103 1:956% 3304 3104 2:225% 3305 3105 1.956% 3306 3106 2.225 %;: " , " 3307 1.664% ..: 3308 3109 3309 3110 2.225% 3310 3111 1:664% 331.1 3112 " 2.225 %. ` 3312, ". 3113 1:664% 3313 3201 2.405 % 3401 3202 3402 3203 1.956% 3403 3204 2.225% 3404 3205 1.956% 3405 3206 2.225% 3406 3207 1.664% 3407 3208 1.956% 3408 3210 2.225% 3409 3211 1.664% 3410 3212 2,221% 3411 3213 1.664% 3412 3301 2.405% 3413 MPLS -Word 82902.3 2.076% 1.956% 2.225% 1.956% 2.225% 1.664% 1.956 %. 1.664% . 1.664 %, 2.225 %. > A' 1.664% 2.405% 2.076% 1.956% 2.225% 1.956% 2.225% 1.664% 1.956% 1.664% 2.225% 1.664% 2.225% 1.664% Total Percentage: 100.00% COMMON INTEREST COMMUNITY NO. 1521 Lot 2, Block 1, Grand, recorded plat thereof. MKS -Word 82902.3 HOMES OF GRANDVIEW SQUARE III EXHIBIT B TO DECLARATION PING LEGAL DECRIPTION OF PROPERTY ew Square 3`d Addition, Hennepin County, Minnesota, according to the COMMON INTEREST COMMUNITY NO. 1521 LAGE HOMES OF GRANDVIEW SQUARE III CONSENT AND JOINDER BY MORTGAGEE The undersi ed (the "Mortgagee "} is a mortgagee of portions of real property described in the Declaration o Village Homes of Grandview Square III (the "Declaration "). Mortgagee hereby consents to d joins in this Declaration; provided, that by consenting to and joining in this Declaration, (i) a Mortgagee does not in any manner constitute itself or obligate itself as a Declarant as defined ' the Declaration, and (ii) such mortgage shall remain as a lien on the property described t erein, prior to any Assessment liens or other liens imposed under the Declaration, until rele ed or satisfied. IN WITNESS WHEREOF, the Mortgagee has caused this Consent and Joinder to be executed on the )�*, - day of t�"AbtX 720Q5. STATE OF MINNESO COUNTY OF V44w G The foregoing nstrument V4s acknowledged before me this b�_ day of O�I`tarn�t�!' 2 by i�lc -\i& 1 - the fe of U� , THIS INSTRUMENT WAS FELHABER,LARSON,FENL Attorneys at Law 220 South Sixth Street, Su, Minneapolis, Minnesota 5 (612) 373 -8520 MPLS-Word 82902.3 _ 1 LAr-� Notary Public 'TED BY: & VOGT, P.A. (DBE/MSR) AMD 40 2200 r / - �;. 41) / /(7�. ^°ji 1 7 / 1 / / o !r / 87. / ? Sp 60 I �� 4p gEWOOD Zzs 3 o (41) N c N p a co M N N84 °}4'11'E N� - „PT OF 2 85 ;.- 100 i '10 Q 17 W N ; (24) _ TR 1 °1 OD q w (42) Z S89' 59'08'E P D A \1 �Q CIC, NO 1094 m CITY /COUNTY AT GRANDVIEW SQUARE � h (47 -48) I CONDOMINIUM ((�J I ,o I h� V / /�/, ^fie I 'hA Q ti K; ---------- - - - - -� 2 ---------------- - -'(49 (28) 331.31 331.31 WEST 66, tis 66� zo zi<, 52- for } g v l «WL�'c•' l� e. p � U 0 9 •p/ r°_n N 13,89 #drti y N OR7H.. 'O - 589° 58'21'E 172.28 3g•2S hbti 0 89 °58'21'E N 88.34 S 21.96 CL "-.S45 °E NOT TANGENT u 43.92 ... ..... �10 f sN 1 w . OUTLOT A jf (113 -162) (Sp)_ NOT TANGENT o 3- CIC NO 1250 Z DDD AD DD S 1 �aB M co M O i Z U ° D (P0) ft� 60 ' . \ t00 ( 3 16 (23) 75 1 75 O 6v 75 7S.3 N89o47'55'W VILLAGE HOMES W OF M Z, GRANDVIEW SQUARE 2 Z V co N 180.41 N89° 47'55'W IFP 11202 142.4 ---- EDENMOOR- - -- - -- R_ - -- "' 115 87.24 47.41 (7 �y 2 I ? G (44) m (37) na ' � � t76) 130 161.6 `J I 50 N 222.4 -117 -� 3 l V I UP6E +04E5 OF 4NO'"' V' t EW -squ A-PE UE 1(2/ (15P4 kx,, ; HENNEPIN COUNTY PROPERTY DIVISIONS SHEET NO. 1 OF CJ MUNICIPALITY: EDINA (24) DIVISION # 06006-0 - X0 PAY NEW PLAT * TO ASSR SCH DIST 273 WATERSHED 1 SEWER DIST FOR REQUEST * FROM ASSR IF PROD # 1202 GR N SPACE DATE 04 * WD * VALUE CHECK TRANS LINE /EZ INDI app QCD * SPEC CHECK FI ED DIVIDE /COMBINE: INAtE APPROVED / /` * OTHER * COMPUTER COMPLETED PROPERTY ID 28 -117 -21.33 0051„Z- /n/3, PROPERTY ADDRESS 05275 GRANDVIEW SQUARE *OWNER REC INC ADDITION NAME DATE FILED ADDN# TAXPAYER NAA-REC INC GRANDVIEW SQUARE 3RD ADDITION 05/05/2004 08192 7500 78TH ST W EDINA MN 55439 DATE OF LAST TRAN 08/30/04 LOT 002 BLOCK 001 ACREAGE 0.00 APPROX PARCEL SIZE IRREGULAR SR EX AG PT H OWN% LAND BLDG MACH TOTAL H -BASE1 H -BASE2 N /H -BASE1 N/H TC GROSS TC DIVISION /COMBINATION: NEW PROPERTY ID'S �- i V E D rE2 0 1 20916 COLW41Y ASSEMM SEC TWP RG QQ SUFX 28- 117 -21 33 0052 28- 117 -21 33 0055 28- 117 -21 33 0058 28- 117 -21 33 0061 28- 117 -21 33 0064 28- 117 -21 33.0067 28- 117 -21 33 0073 28- 117 -21 33 0076 28- 117 -21 33 0079 28- 117 -21 33 0082 28- 117 -21 33 0085 SEC TWP RG QQ SUFX 28- 117 -21 33 0053 28- 117 -21 33 0056 28- 117 -21 33 0059 28- 117 -21 33 0062 28- 117 -21 33 0065 068 28- 117 -21 33 0071 28- 117 -21 33 0074 28- 117 -21 33 0077 28- 117 -21 33 0080 28- 117 -21 33 0083 28- 117 -21 33 0086 SEC TWP RG QQ SUFX 28- 117 -21 33 00.x,4 28- 117 -21 33 0057 28- 117-21 33 0060 28- 117 -21 33 006& 0066 28- 117 -21 33 0069 28- 117 -21 33 0072 28- 117 -21 33 0075 28- 117 -21 33 0078 28- 117 -21 33 0081 28- 117 -21 33 0084 28- 117 -21 33 0087 HENNEPIN COUNTY 28- 117 -21 33 0088 28- 117 -21 33 0091 28- 117 -21 33 0094 28- 117 -21 33 0097 28- 117 -21 33 0100 PROPERTY DIVISIONS 28- 117 -21 33 0089 28- 117 -21 33 0092 28- 117 -21 33 0095 28- 117 -21 33 0098 28- 117 -21 33 0101 SHEET NO. 2 OF15 DIVISION # 06006-0- 28- 117 -21 33 0090 2B- 117 -21 33 0093 28- 117 -21 33 0096 28- 117 -21 33 0099 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina l Division Form No. HCPT03 -2 (11197) Date: 1/25/2006 09:54 A Page 1 of 13 Sheet _j Of (� I�IVIStOt� NO 060060 I '28 =1-11 21.33 (TOE =! Owner: REC INC Property Address 24 ADDRESS PENDING 11 Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3101 28 -1'f7 21 =33 -0 :! Owner: J J SIMONS JR & A SIMONS Property Address 24 ADDRESS PENDING Taxpayer: JEROME & ANN SIMONS 5275 GRANDVIEW SQUARE 43102 Mortgage Loan No: EDINA MN 55436 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3102 2$w1.17 2� =33� 4 Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: IT NO 3103 2$�1�17 11' =33 00`55 Owner: REC INC - Property 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3104 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Sheet Of 1lit7�o�r NQ 060060 Division Form No. HCPT03 -2 (11/97) Date: 1/25/2006 09:54 A Page 2 of 13 28 -�17 21= 33 *00� Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 310-5 28- 117 =21 -33 =00:7 'Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7 5 0 0 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3106 28-11`7 -21 -33 005$ Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: oun s Description: UNIT NO 3107 Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3109 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) EdinaIVt810n Sheet 5 Of L! NQ 060060 Division Form No. HCPT03 -2 (11/97) Date: 1/25/2006 09:54 A Page 3 of 13 28- 11'7 -21 =3 0060`, Owner: REC INC PropertyAddress 24 ADDRESS PENDING Taxpayer: REC INC 7500 7 8TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521. Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description:. UNIT NO 3110 28 -117- 2443 -01 %, '° Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 7 8TH ST W Mortgage Loan No: EDINA MN 55439 - Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel, Size: IRREGULAR Metes & Bounds Description: UNIT NO 3111 28- 11'7.21 -33 6-0,621-c", Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acrea e: unds Description UNIT NO 3112 ;28;11'7- 21` =33 Q063 Owner: REC INC Taxpayer: REC INC 7500 78TH ST W EDINA MN 55439 Addition No: 31521 Lot: Block: Acreage: Metes & Bounds Description: UNIT NO 3113 Property Address 24 ADDRESS PENDING Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Sheet Of (5 41�Ion No 060060 Division Form No. HCPT03 -2 (11/97) Date: 1/25/2006 09:54 A Page 4 of 13 28- 11= 7- 21 " =�33 006 Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7 8TH ST W ,7500 Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3201 28'`11'x- 11- 33Q065 ° Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx.. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3202 29-417-21-3 0008 Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR unds Description: uiV11 1Vu .5Lu,5 2811�7 Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500. 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3204 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Division Form No. HCPT03 Sheet Of 5 DwlS pn Nq, 060060 -2 (11/97) Date: 1125/2006 09:54 A Page 5 of 13 UNIT NO 3206 28- 117 -21-3 0070 Owner: 28 -1'�7 21- 33�U(j$4_ Owner: REC INC _ . Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W 7500 78TH ST W Mortgage Loan No: Mortgage Loan No: EDINA MN 55439 EDINA MN 55439 Mortgage Code: Mortgage Code: Addition No: 31521 Lot: Addition No: 31521 Lot:. Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3205 28-117-21-33, Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3206 28- 117 -21-3 0070 Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3207 28- 117 =21 -33 ODj71 _ Owner: W M CRAWFORD & M L CRAWFORD Property Address 24 ADDRESS PENDING Taxpayer: WILLIAM & MARGARET CRAWFORD 5275 GRANDV I EW SQUARE #3208 Mortgage Loan No: EDINA MN 55436 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3208 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Division Form No. HCPT03 -2 (11/97) Date: 1/2512006 09:54 A Page 6 of 13 Sheet Of 1 [�IV�SIOII ly0 060060 28 =1.'�7 21- 33.00 2 eGS Owner: REC INC ., Property_Agoress 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. ,Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3210 28= 117 -2133 0073 \ Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W EDINA MN 55439 Mortgage Loan No: Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3211 28 -117 21 -3.0'4 ` Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 .78TH ST W Mortgage`Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 L - pprox. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3212 28= 117 -21- 31=0075" Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W EDINA MN 55439 Mortgage Loan No: Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3213 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Division Form No. HCPT03 -2 (11/97) Date: 1/25/2006 09:54 A Page 7 of 13 Sheet Of FDI11IQn NO 060060 28 =1 °1'% 21 �3 00 Owner: X16, REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code; Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3301 28p 17 21 - 3 0077 Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3302 2$ =1.17 21 *33 0 O7 ' Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Parcel Size- IRREGULAR Metes & Bounds Description: UNIT NO 3303 28 -117 21= 33.007 ,� Owner: REC INC - = Property; Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3304 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Division Form No. HCPT03 -2 (11/97) Date: 1/25/2006 09:54 A, Page 8 of 13 Sheet Of Diulsion No 060060 28- 11T -21 -33 00$0€ Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W, Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3305 2$ -1'17 21= 33001 . Owner: REC INC Prop Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx.. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3306 28= 117 -21 -33 0182 71 REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block- Acreage! Oki 11) rOX. Metes & Bounds Description: UNIT NO 3307 2$'= 117- 21 -33- 0Q 3 F Owner Taxpayer: REC INC REC INC 7500 78TH ST W EDINA MN 55439 Addition No: 31521 Lot: Block: Metes & Bounds Description: UNIT NO 3308 Property Address 24 ADDRESS PENDING Mortgage Loan No: Mortgage Code: Acreage: Approx.-Parcel Size: IRREGULAR PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Division Form No, HCPT03 -2 11/97 Sheet Of �IVls�on NO 060060 ( ) Date: 1/25/2006 09:54 A Page 9 of 13_ .r 28- 117 -21 =33 0084 Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description; UNIT NO 3309 2841t. Owner: Taxpayer: Addition No: 31521 Loi Metes & Bounds Description: REC INC REC INC 7500 78TH ST W EDINA MN 55439 Block: Acreage: UNIT NO 3310 Property Address 24 ADDRESS PENDING Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR 2811'7 2 M, -00`8fi Owner: REC INC Property Address Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: rox. arce ize: Metes & Bounds Description: UNIT NO 3311 28 -11'7 21' -33 OQ87, ` Owner: Taxpayer: Addition No: 31521 Lot Metes & Bounds Description: REC INC REC INC 7500 78TH ST W EDINA MN 55439 Block: Acreage: UNIT NO 3312 24 ADDRESS PENDING Property Address 24 ADDRESS PENDING Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Division Form No. HCPT03 Sheet �-- Of j L7lVISIOn N0 060060 -2 (11/97) Date: 1/25/2006 09:54 A Page 10 of 13 l 2$= 117 -2.1' -330 "088 Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W r Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3313 Owner: Taxpayer: Addition No: 31521 Lot: A HEGERMAN & C M HEGERMAN AL & CAROL HEGERMAN 5275 GRANDVIEW SQUARE ##3401 EDINA MN 55436 Block: Acreage: Metes & Bounds Description: UNIT NO 3401 Property Address 24 ADDRESS PENDING Mortgage Loan No: .-Mortgage Code: Approx. Parcel Size: IRREGULAR 2 0, Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 7 8TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Metes & Bounds Description: UNIT NO 3402 Owner: PATRICIA L BUCKHOLZ TRUST - Property Address 24 ADDRESS PENDING Taxpayer: PATRICIA L BUCKHOLZ 5275 GRANDVIEW SQUARE #3403 Mortgage Loan No: EDINA MN 55436 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx.. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3403 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Division Form No. HCPT03 -2 (1vs7) Sheet Of ' ; DIYIS�IQtI NO 060060 Date: 1/25/2006 09:54 A Page 11 of 13 28= 117- 21 -'33 0092 ' Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage .Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3404 28- 11?- 21 -3 -0 ©3 :Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3405 28 =1 °1 "7 21 ° -33 n09 Owner: B W WOLD & D K WOLD Property Address 24 ADDRESS PENDING Taxpayer: BARRY & DIANE WOLD 5275 GRANDVIEW SQUARE #3406 Mortgage Loan No: EDINA MN 55436 Mortgage Code: Addition No: 31521 Lot: Block: Acrea e: Metes & Bounds Description: UNIT NO 3406 28 -117 2 "1 -3 095 Owner: REC INC, Property Address 24 ADDRESS PENDING 'Taxpayer: REC INC - 7500 78TH ST W EDINA MN 55439 Mortgage Loan No: Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3407 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Division Form No. HCPT03 -2 (11/97) Date: 1/25/2006 09:54 A Page 12 of -13 Sheet �' Of I /1$1on �;9 0600 "60 28- 117 "- 21 " =33 0" # Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W EDINA MN 55439 Mortgage Loan No: Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3408 28- 1'17- 21- 33 -0 "Q97 : Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC Addition No: 31521 Lot: 7500 78TH ST W EDINA MN 55439 Block: Acreage: Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3409 28 =11`7 21 = -3 009' Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W EDINA MN 55439 Addition No: 31521 Lot: Block: Acreage: Mortgage Loan No: Mortgage Code: e s c n p ion: NO 3410 28 =117- 21-33 °pp99 { Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W EDINA MN 55439 Mortgage Loan No: Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3411 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina F7777771, - -- - Division Form No. HCPT03 -2 (11/97) Date: 1/25!2006 09:54 A Page 13 of 13 Sheet Of ©IV�Sbn NO . 060060 2$- 11742'4 - Owner: REC INC Pro pertyAddress 24 ADDRESS PENDING Taxpayer: REC INC 7500 7 8TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3412 2$117 21 -33 0'q1:�,�� Owner: REC INC Property Address 24 ADDRESS PENDING Taxpayer: REC INC 7500 78TH ST W Mortgage Loan No: EDINA MN 55439 Mortgage Code: Addition No: 31521 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 3413 Doc No 4200134 12/09/2005 02:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 170457 New cart Cart i 1171087 1128803 Ti�IS.DOCUP+IIE T IS REGIS7ERE Deputy 55 Fees $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $1.50 AF $10.50 STATEFEE $40.00 EXCHFEE $44.00 TPLATFEE $2.00 COPY $144.00 Total Illl�ll��l��lll�ltlll�l�l�lml Doc No 4200134 12/09/2005 02:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 170457 New cart Cart i 1171087 1128803 Ti�IS.DOCUP+IIE T IS REGIS7ERE Deputy 55 Fees $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $1.50 AF $10.50 STATEFEE $40.00 EXCHFEE $44.00 TPLATFEE $2.00 COPY $144.00 Total