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Home My WebLink About26489 m B�OWN41?To� es opJ �ftNC.c Cl © t 7 7 HENNEPIN COUNTY PROPERTY DIVISIONS SHEET NO. 1 OF 9 MUNICIPALITY: EDINA (24) SCH DIST 273 WATERSHED 3 SEWER DIST IF PROJ # GREEN ACRES OPEN SPACE TRANS LINE /EZ INDIC DIVIDE /COMBINE: a PROPERTY ID 18 -028 -2 4 IV,P�, OWNER NOONAN PROPERTIES LLC III TAXPAYER N/A NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 SR EX AG PT H OWN% LAND BLDG MACH A 1�1,9006) �2 dwGL-> DIVISION /COMBINATION: NEW PROPERTY ID'S SEC TWP RG 18- 028 -24 18- 028 -24 18- 028 -24 18- 028 -24 18- 028 -24 18- 028 -24 18- 028 -24 18- 028 -24 18- 028 -24 18- 028 -24 18- 028 -24 QQ 44 44 44 44 44 44 44 44 44 44 Q DIVISION # 070501^ A001 PAY NEW PLAT * TO ASSR CC�OPPYY FOR * REQUEST * FROM ASSR DATE 'j v * WD * VALUE CHECK BY * QCD * SPEC CHECK FILED a1 * CD COMPUTER APPROVED / / * OTHER * COMPLETED PROPERTY ADDRESS 03915 52ND ST W ADDITION NAME DATE FILED ADDNt BROWNSTONE ADDITION 0610612006 08865 DATE OF LAST TRAN 07/10/06 LOT 001 BLOCK 001 ACREAGE 0.00 APPROX PARCEL SIZE N299X325X282X327 TOTAL H-BASE1 H -BASE2 N/H -BASSI N/H TC •GROSS TC SUFX 0116 0119 0122 0125 0128 0131 0134 0137 0140 0143 0146 SEC TWP RG QQ SUFX 18- 028 -24 44 0117 18- 028 -24 44 0120 18- 028 -24 44 0123 18- 028 -24 44 0126 18- 028 -24 44 0129 18- _B28 -24 44 0132 18- 028 -24 44 0135 18- 028 -24 44 0138 18- 028 -24 44 0141 18- 028 -24 44 0144 18- 028 -24 44 0147 SEC TWP RG QQ SUFX 18- 028 -24 44 0118 18- 028 -24 44 0121 18- 028 -24 44 0124 18- 028 -24 44 0127 18- 028 -24 44 0130 18- 028 -24 44 0133 18- 028 -24 44 0136 18- 028 -24 44 0139 18- 028 -24 44 0142 18- 028 -24 44 0145 COUNTY i PROPERTY DIVISIONS & COMBINATIONS Municipality: (24 ) Edina Sheet Of 1 070501.. Division Form No. HCPT03 -2 (11/97) Date: 12/11/2007 07:35 Page 1 of 8 c—� 'P Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION Mortgage Loan No: 5400 FRANCE AVE S Mortgage Code: EDINA MN 55410 Addition No: 31778 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520002 "' Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION Mortgage Loan No: 5400 FRANCE AVE S Mortgage Code: EDINA MN 55410 Addition No: 317 7 8 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520004 'I$082444�01`18 Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Addition No: 31778 Lot: Block: Acreage: Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520006 ,u Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Addition No: 31778 Lot: Block: Acreage: Metes& Bounds Description: UNIT NO 520008 Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR PROPERTY DIVISIONS & COMBINATIONS Municipality: (24 ) Edina Sheet 3 Of �' ` Drurrra► 070,501 1 Division Form No. HCPT03 2 (11/97) Date: 12/11 /2007 07:35 Page 2 of 8 POr24�44 010:�_ Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION Mortgage Loan No: 5400 FRANCE AVE S Mortgage Code: EDINA MN 55410 Addition No: 317 7 8 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520010 $ �J$4r44 0.1 Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION Mortgage Loan No: 5400 FRANCE AVE S Mortgage Code: EDINA MN 55410 Addition No: 31778 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520012 18' Q2'8 `24 ° ° =44 0122 .'' Owner: Taxpayer: Addition No: 317 7 8 Lot: NOONAN PROPERTIES LLC III NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Block: Acreage Property Address 24 Mortgage Loan No: Mortgage Code: ADDRESS PENDING Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520014 Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION Mortgage Loan No: 5400 FRANCE AVE S EDINA MN 55410 Mortgage Code: Addition No: 31778 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520016 PROPERTY DIVISIONS & COMBINATIONS Municipality: ( 24) Edina Sheet Of t x� ilY1 l 1� � 070 Division Form No. HCPT03 2 (11/97) Date: 12/11/2007 07:35 Page 3 of 8 A, 0124 Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III Addition No: 317 7 8 Lot: C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Block: Acreage: Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520018 02$h24 "L. 01':25 ;.Tt Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Addition No: 317 7 8 Lot: Block: Acreage: Metes & Bounds Description: UNIT NO 520020 Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR 14= 4'40925:` Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION Mortgage Loan No: 5400 FRANCE AVE S Mortgage Code: EDINA MN 55410 Addition No: 317 7 8 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes &Bounds Description: UNIT NO 520022 - - Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III Addition No: 31778 Lot: C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Block: Acreage: Metes & Bounds Description: UNIT NO 520024 Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina J QIV�SIII�l� 070501 Division Form No. HCPT03 -2 (11/97) Date: 12/11/2007 07:35 Page 4 of 8+ Sheet Of z18 "02t$ 244 Q128 Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION Mortgage Loan No: 5400 FRANCE AVE S Mortgage Code: EDINA MN 55410 Addition No: 31778 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520026 X18 028 24 =44 01'29 Owner: Taxpayer: Addition No: 317 7 8 Lot: NOONAN PROPERTIES LLC III NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Block: Acreage: Property Address 24 Mortgage Loan No: Mortgage Code: ADDRESS PENDING Approx. Parcel Size: IRREGULAR pMetes & Bounds Description: UNIT NO 520028 $ #2 X44 0�1� 0 :: Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Addition No: 31778 Lot: Block: Acreage: Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520030 8On8`2 °4�4 011 Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION 'Mortgage Loan No: 5400 FRANCE AVE S EDINA MN 55410 Mortgage Code: Addition No: 31778 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520032 PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Sheet Of } �IUII��070501 Division Form No. HcPT03-2 (11i97) Date: 12/11/2007 07:35 Page 5 of 8 ' Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION Mortgage Loan No: 5400 FRANCE AVE S Mortgage Code: EDINA MN 55410 Addition No: 31778 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520034 18,0r28. 24 =4'4- 01133 � Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Addition No: 317 7 8 Lot: Block: Acreage: Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520036 X802$ 244�01,34� Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III Addition No: 31778 Lot: C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Block: Acreage: Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 520038 80'28 "2444 013`5 Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III Addition No: 31778 Lot: C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Block: Acreage: Metes & Bounds Description: UNIT NO 520040 Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Sheet 10111 a''' 070501. Division Form No. HCPT03 -2 11/97A_w ( ) Date: 12/11/2007 07:35 Page 6 of 8 II�IIS(1t1Q ��18 =Q2 244A13.6; Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Addition No: 317 7 8 Lot: Block: Acreage: Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO P1 fi�8 0 8 *24 =44- 011237. Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III Addition No: 317 7 8 Lot: C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Block: Acreage: Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO P2 Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Addition No: 317 7 8 Lot: Block: Acreage: Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO P3 �18`ps$ 2 -4;4 0`I;9' Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III Addition No: 317 7 8 Lot: C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Block: Acreage Metes & Bounds Description: UNIT NO P4 Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR PROPERTY DIVISIONS & COMBINATIONS Municipality: (24 ) Edina �( . o 070501 Division Form No. HCPT03 -2 (11/97) Date: 12/11/2007 07:35 Page 7 of 8 Sheet U O #l�11S1 i y }•.�. �> Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING ,014�0,; Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION Mortgage Loan No: 5400 FRANCE AVE S Mortgage Code: EDINA MN 55410 Addition No: 31778 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO P5 02$ 24,4'4 -014'1 Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III Addition No: 317 7 8 Lot: C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Block: Acreage Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO P6 1&02$ 24 -4'4 0142" `' Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III Addition No: 317 7 8 Lot: C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Block: Acreage: Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO P7 $ Q28 24.44 0 43 Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III Addition No: 317 7 8 Lot: C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Block: Acreage Metes & Bounds Description: UNIT NO P8 Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina pia; iulsior' 070501 Division Form No. HCPT03 -2 (11/97) Date: 12/11 /2007 07:35 Page 8 of 8 Sheet Of% „F ,� �ir,� '802`.8`24 44 0144 ; -! Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION Mortgage Loan No: 5400 FRANCE AVE S EDINA MN 55410 Mortgage Code: Addition No: 31778 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO P9 8 028` 24- 44.0145, Owner: Taxpayer: NOONAN PROPERTIES LLC III NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Addition No: 317 7 8 Lot: Block: Acreage Metes & Bounds Description: UNIT NO P10 6, = Owner: NOONAN PROPERTIES LLC III Taxpayer: NOONAN PROPERTIES LLC III C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Addition No: 31778 Lot: Block: Acreage: Property Address 24 Mortgage Loan No: Mortgage Code: ADDRESS PENDING Approx. Parcel Size: IRREGULAR Property Address 24 Mortgage Loan No: Mortgage Code: ADDRESS PENDING Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO P11 'I$ 028 24 -44 -0147 Owner: NOONAN PROPERTIES LLC III Property Address 24 ADDRESS PENDING Taxpayer: NOONAN PROPERTIES LLC III Addition No: 317 7 8 Lot: C/O NOONAN CONSTRUCTION 5400 FRANCE AVE S EDINA MN 55410 Block: Acreage Metes & Bounds Description: UNIT NO P12 Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR e Doc No 9068356 11127/2007 02:00 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 358027 g8B TSS CIC PLAT FILED AS PART OF THIS I?BCLAOF TFlI9 DECLARATION Deputy 45 Fees $35.50 DOC $10.50 SUR $2.00 COPY $56.00 PLT $104.00 Total AND PRIOR TA= PAM iV AYEI:l SERVICES TRANSFER ENTERED NOV �', 7 2007 Eit . PIN Cf,UNT MINN. DEPUTi' Common Interest Community No. 1778 (Condominium) BROWNSTONES ON FRANCE DECLARATION This instrument was draftee by: HUEMOELLER, BATES & GONTAREK PLC 16670 Franklin Trail Prior Lake, MN 55372 RETURN TO 6,0 K �o First American Title Insurance Co. National Commercial Services 801 Nicollet Mail, Suite 1900 Minneapolis, MN 55402 �Q NCS o?I S / c �c,C MPLS OLEj r � SECTION 1: • t I � � t 4 BROWNSTONES ON FRANCE DECLARATION TABLE OF CONTENTS Page SECTION 1: DEFINI LIONS ........................ . ... . . .......... I I SECTION 2: NUMBER OF UNITS AND BOUNDARIES ................ 4 SECTION 3: COMMON ELEMENTS, LIMITED COMMON ELEMENTS AND OTHER PROPERTY. .. . ........................... 5 SECTION 4: ASSOCIATION MEMBERSHIP; RIGHTS AND OBLIGATIONS ........ ............................... 6 SECTION 5: ADMINISTRATION .... ............................... 8 SECTION 6: ASSESSMENTS FOR COMMON EXPENSES .............. 9 SECTION 7: RESTRICTIONS ON USE OF PROPERTY ................. 14 SECTION 8: ARCHITECTURAL STANDARDS ....................... 19 SECTION 9: MAINTI NANCE ...............—.1— ......... I ....... 22 SECTION 10: INSURANCE ......................... . .............. 23 SECTION 11: RECONSTRUCTION; CONDEMNATION; AND EMINENT 26 DOMAIN.............. ............................... SECTION 12: EASEMENTS ......... ............................... 27 SECTION 13: COMPLIANCE AND REMEDIES ...... . .... . ........... 30 SECTION 14: SPECIAL DECLARANT RIGHTS ....................... 33 SECTION I5: AMENDMENTS ............. ....................... 35 SECTION 16: RIGHTS OF ELIGIBLE MORTGAGEES .................. 36 SECTION 17. MISCEILLANEOUS ............. . ..................... 38 Common Interest Community No. 1778 (Condominium) BROWNSTONES ON FRANCE DECLARATION By this Declaration made on the 21st day of November, 2007, NOONAN PROPERTIES, LLC 111, a Minnesota limited liability company, does hereby submit the real property in Hennepin County, Minnesota, described in Section 1.26 to the provisions of Minnesota Statutes, Chapter S15B, the Minnesota Common Interest Ownership Act, as amended ( "Act "), for tl e purpose of creating Brownstones on France, a condominium that is not subject to a master association, and does hereby declare that the real property described in Section 1.116, shall be held and conveyed subject to the following terms, covenants, restrictions,] and conditions. i 1. DEFINITIONS. The following words when used in the Governing Documents shall have the following; meanings (unless the context indicates otherwise); 1.01 "Alterations" is defined in Section 8.01(a). 1.02 "Annual Assessment" means the Assessments levied annually pursuant to Section 6.02. 1.03 "Assessments" mean the Annual, Special and Limited Allocation Assessments levied pursuant to Section 6 of this Declaration. 1.04 "Association" means BROWNSTONES ON FRANCE, a nonprofit 100907 corporation organized pursuant to Minnesota Statutes, Chapter 317A, and Minnesota Statutes, Section 515B.3 -101. 1.05 "Board" means the board of directors of the Association. i.0v "Building" m-- --ns the stricture that will be constructed on the Property and contain the Units. 1.07 "Bylaws" means the Bylaws of the Association, as amended from time to time. 1.08 "CIC Plat means the common interest community plat of the Property prepared and filed for record with, and as a part of, this Declaration pursuant to Section 515B.2 -1 10(c) of the Act, including any amended or supplemental CIC Plat filed for record from time to time in accordance with the Act. 1.09 "City" means the City of Edina, Minnesota. 1.10 "Common Elements" mean all portions of the Property 'other than the Units. 1.11 "Common Expenses" means expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including, without limitation, allocations to replacement reserves and those items specifically identified as Common Expenses in this Declaration or the Bylaws. 1.12 "Community" means the common interest community created by this Declaration. 1. 13 "Declarant" means NOONAN PROPERTIES, LLC III, a Minnesota limited liability company, or its successors as defined in Section 515B.1- 103(15) of the Act. 1.14 "Declaration" means this document, including any amendments. l .15 "Eligible: Mortgagee" means any Person who owns, insures or guaranties a mortgage on any Unit, which mortgage is first in priority upon foreclosure to all other mortgages that encumber such Unit, and which has requested the Association, in writing, to notify it regarding any proposed action which requires approval by a specified percentage of Eligible Mortgagees. 1.1 b "Garage Level" means the lowest level of the Building that is reserved for vehicle parking, access and storage by the Owners and Occupants of the Residential 2 , 1 corporation organized pursuant to Minnesota Statutes, Chapter 317A, and Minnesota Statutes, Section 515B.3 -101. 1.05 "Board" means the board of directors of the Association. i.0v "Building" m-- --ns the stricture that will be constructed on the Property and contain the Units. 1.07 "Bylaws" means the Bylaws of the Association, as amended from time to time. 1.08 "CIC Plat means the common interest community plat of the Property prepared and filed for record with, and as a part of, this Declaration pursuant to Section 515B.2 -1 10(c) of the Act, including any amended or supplemental CIC Plat filed for record from time to time in accordance with the Act. 1.09 "City" means the City of Edina, Minnesota. 1.10 "Common Elements" mean all portions of the Property 'other than the Units. 1.11 "Common Expenses" means expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including, without limitation, allocations to replacement reserves and those items specifically identified as Common Expenses in this Declaration or the Bylaws. 1.12 "Community" means the common interest community created by this Declaration. 1. 13 "Declarant" means NOONAN PROPERTIES, LLC III, a Minnesota limited liability company, or its successors as defined in Section 515B.1- 103(15) of the Act. 1.14 "Declaration" means this document, including any amendments. l .15 "Eligible: Mortgagee" means any Person who owns, insures or guaranties a mortgage on any Unit, which mortgage is first in priority upon foreclosure to all other mortgages that encumber such Unit, and which has requested the Association, in writing, to notify it regarding any proposed action which requires approval by a specified percentage of Eligible Mortgagees. 1.1 b "Garage Level" means the lowest level of the Building that is reserved for vehicle parking, access and storage by the Owners and Occupants of the Residential 2 Units. The Vehicle Parking and Garage Level Access Limited Common Elements are located in the Garage Level. 1.17 "Governing Documents" means this Declaration, and the Articles of Incorporation and Bylaws of the Association, as amended from time to time. 1.18 "Limited allocation Assessment" means the Assessments levied by the Association pursuant to Section 6.04. I.19 "Limited Common Elements" means a portion of the Common Elements allocated by Section 3 of this Declaration or by operation of Sections 515B.2- 102(4) or (f) of the Act for the exclusive use of one or more but fewer than all of the Units. 1.20 "Maintenance" is defined in Section 9.01. 1.2I "Member" means all Persons who are members of the Association by virtue of being Owners as defined in this Declaration. The words "Owner" and "Member" may be used interchangeably in the Governing Documents. 1.22 "Occupant" means a Person, other than an Owner, in possession of or residing in a Unit. 1.23 "Owner" rri�ans a Person who owns a Unit, but excluding contract for deed sellers, mortgagees, hot ers of reversionary interests in life estates and other secured parties within the meaning of Section 515B.1- 103(30) of the Act_ The term "Owner" includes, without limita ion, contract for deed purchasers and holders of life estates. 1.24 "Parking Unit" means a Unit for vehicle parking and other accessory uses, and refers to any of the Units listed as Unit Numbers P 1 through P12 on the attached Exhibit A and the CIC Plat. 1.25 "Person" means an individual, corporation, limited liability company, partnership, trustee, personal representative, guardian, conservator, government, governmental subdivision or agency, or other legal entity. 1.26 "Property" means the real property and all improvements, easements, rights and appurtenances submitted to the Act by this Declaration. As of the date of this Declaration, the Property consists of Lot 1, Block 1, Brownstone Addition, Hennepin County, Minnesota. 1.27 "Residential Unit" means a Unit which may be occupied for residential use, and refers to any of the Units listed as Unit Numbers 520002 through 520040 on the attached Exhibit A and the CIC Plat. 1.28 "Rules" means the Rules of the Association as approved from time to time pursuant to Section 5.06. 1.29 "Special Assessment" means an Assessment levied pursuant to Section 6.03 on an irregular basis. 1.30 "Unit" means a physical portion of the Property designated for separate ownership or occupancy; the boundaries of which are described in Section 2.02 and shown on the CIC Plat. A Unit will be either a Residential Unit or a Parking Unit. 1.31 "Vehicle Parking and Garage Level Access Limited Common Element" means the portion of the Garage Level allocated by Section 3.02 for use as a garage, access (including stairwell and elevator), and storage area exclusively by a specified Residential Unit. 2. NUMBER OF UNITS AND BOUNDARIES. 2.01 Units. The ,Community shall contain 32 Units of which 20 are Residential Units, and 12 are Parking Units, Each Unit, including the Parking Units, constitutes a separate parcel of real estate. No Units may be created by the subdivision, combination or conversion of Units p�rsuant to Section 5158.2 -112 of the Act. The identifying number and location of ach Unit is shown on the CIC Plat. 2.02 Unit Boundaries. The boundaries of each Unit shall be as follows: (a) The boundaries of each Residential Unit shall be the interior unfinished surfaces of its perimeter walls, floor of the first floor, and ceiling of the third floor. Wallpaper, paneling, tiles and other finishing materials adhered to the interior of the Unit boundaries shall be a part of the Residential Unit; provided, that any load bearing portions of any interior or perimeter walls, columns, ceilings or floors, and any common utility lines or other common facilities located in or passing through a Residential Unit, shall be Common Elements. The boundaries of each Residential Unit shall also extend along the interior, unfinished surfaces of the perimeter doors and windows, and their frames, and the perimeter doors, windows and frames, and their hardware, shall be Limited Common Elements allocated to such Unit. Subject to this Section 2.02 and Section 3, all spaces, interior partitions, and interior fixtures and improvements located within the boundaries of a Residential Unit are a part of the Unit. 4 (b) The boundaries of each Parking Unit shall be the floor of the Garage Level, a horizontal plane located 9.00 feet above the Garage Level floor, the interior, unfinished surface of any perimeter wall, and where there is no perimeter wall, a vertical plane extended upward from the center of the parking stall lines on the Garage Level floor all as shown on the CIC Plat. Any common utility lines or other common facilities located in or passing through a Parking Unit shall be Common Elements. 2.03 Use of Units. Residential Units are restricted exclusively to residential use; and the Parking Units are restricted to the parking of passenger vehicles owned or leased by Owners or Occupants and their guests, and other incidental uses permitted from time to time by the Rules. 2.04 Transfer of Parking Units. Parking Units must be owned by Persons who are also Owners of a Residential Unit. Therefore, after the first conveyance of a Parking Unit by the Declarant, the Parking Unit shall at all times be appurtenant to the Residential Unit which has common ownership with it (but shall nevertheless remain a separate parcel of real estate), and shall automatically be conveyed with a conveyance of such Residential Unit (or of a partial interest therein), whether or not such conveyance mentions the Parking Unit, and whether such conveyance is voluntary, by operation of law, by reason of death, or otherwise. Prior to a conveyance of the Residential Unit to which it is thus appurtenant, the Parking U snit may be conveyed separately to the Owner of another Residential Unit, and shall thereupon be appurtenant to such Residential Unit. 3. COMMON ELEMENTS, LIMITED COMMON ELEMENTS AND OTHER PROPERTY. 3.01 Common Elements. The Common Elements and their characteristics are as follows: (a) All of the Property not included within the Unit boundaries and any load bearing portions of any interior or perimeter walls, columns, ceilings or floors; and any common utility liners or other common 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 CIC Plat or in the Act. (b) The Common Elements shall be subject to (i) certain easements as described in this Declaration and any other easements recorded against the Common Elements; (ii) the rights of Owners and Occupants in Limited Common Elements �I allocated to their respective Units; and (iii) the right of the Association to establish reasonable Rules governing the use of the Property. 3.02 Limited Common 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 allocated. The rights to the use and enjoyment of the Limited Common Elements are automatically conveyed with the conveyance of such Units. The Limited Common Elements are allocated to the Units, as follows: (a) Those items or areas designated as Limited Common Elements on the CIC Plat or by the Act are allocated to the Units as indicated therein. (b) Improvements, if any, such as patios, decks, terraces, shutters, awnings, exterior windows and doors, window boxes, chimneys, stairwells, elevators, sidewalks, steps and stoops, constructed as part of the original construction to serve a single Unit or Units, and replacements and modifications thereof authorized pursuant to Section 8, located wholly or partially outside the Unit boundaries, are allocated exclusively to the Unit or Units which they serve. (c) Chutes, flues, ducts, pipes, wires, conduit or other utility installations, bearing walls, bearing 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 Units they serve. Any portion of such installations serving or affecting the function of the Common .Elements is a part of the Common Elements. (d) Heating, ventilating or air conditioning equipment serving only a certain Unit or Units, and located wholly or partially outside the Unit boundaries, are allocated to the Unit or Units served by such equipment. (e) The `Vehicle Parking and Garage Level Access Limited Common Elements located in the Garage Level and designated on the CIC Plat are allocated to the Residential Units as indicated thereon. 4. ASSOCIATION MEMBERSHIP; RIGHTS AND OBLIGATIONS. Membership in the Association and the allocation to each Unit of a portion of the votes in the Association and a portion of the Common Expenses of the Association shall be governed by the following provisions: 4.01 Membership. Each Owner shall be a member of the Association by virtue of Unit ownership, and thy: membership shall be transferred with the conveyance of the Owner's interest in the Unit. An Owner's membership shall terminate when the Owner's ownership terminates. When more than one Person is an Owner of a Unit, all such Persons shall be members of the Association, but multiple ownership of a Residential 0 f Unit shall not increase the voting rights allocated to such Residential Unit nor authorize the division of the voting rights. 4.02 Allocated Interests. (a) The tndivided interests in the Common Elements, the Common Expense liability and the votes in the Association allocated to each Unit are set forth in the attached Exhibit A, except that Limited Allocation Assessments shall be permitted as provided in Section 6.04. (b) The undivided interests in the Common Elements and the percentage of liability for Common Expenses have been allocated among the Residential Units and the Parking Units on the basis of square footage, by dividing the square footage of each Unit by the total square footage of all Units. For purposes of this Section 4.02, the square footage of a Unit shall be determined as follows: (i) The square footage of a Residential Unit shall be the total square footage of the 3 floors within the Unit, plus the square footage of such Unit's V.hiele Parking and Garage Level Access Limited Common Element, all as shown on the CIC Plat; and (ii) The square footage of a Parking Unit shall be the square footage of the floor comprising the Unit's lowest boundary as shown on the CIC Plat. (c) The number of votes in the Association has been allocated equally among the Residential Units. Parking Units shall be non - voting. 4.03 Appurtenant Rights and Obligations. The ownership of a Unit shall include the undivided interest in the Common Elements, the Common Expense liability and the voting rights described in Section 4.02. Such interests, obligations and rights, and the title to the Units, shall not be separated or conveyed separately. The allocation of the interests, obligations and rights described in this Section 4 may not be changed except in accordance with the Governing Documents and the Act. 4.04 Authority to Vote. The Owner, or some natural person designated to act as proxy on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to a Residential Unit at meetings of the Association; provided, that if there are multiple Owners of a Residential Unit, only the Owner or other Person designated pursuant to the provisions of the Bylaws may cast such vote. The voting rights of Owners are more fully described in Section 3 of the Bylaws. 7 5. ADMINISTRATION. The administration and operation of the Association and the Property, including but not limited to the acts required of the Association, shall be governed by the following provisions: 5.01 General. The operation and administration of the Association and the Property sh all be governed by the Governing Documents and the Act. The Association shall, subject to the rights of the Owners set forth in the Governing Documents and the Act, be responsible for operation, management and control of the Property. The Association shall have all powers described in the Governing Documents, the Act and the statute under which it is incorporated. All power and authority of the Association shall be vested in the Board, unless action or approval by the individual Owners is specifically required by the Governing Documents or the Act. All references to the Association shall mean the Association acting through the Board unless specifically stated to the contrary. 5.02 Operational Purposes. The Association shall operate and manage the Property for the purposes of (a) administering and enforcing the Governing Documents and the Rules, (b) maintaining, repairing and replacing those portions of the Property for which it is responsible., and (c) preserving the value and architectural uniformity and character of the Property. 5.03 Binding Effect of Actions. All agreements and determinations made by the Association in accordance with the powers and voting rights established by the Governing Documents or the Act shall be binding upon all Owners and Occupants, and their tenants, guests, invitees, heirs, representatives, successors and assigns, and all secured parties as defined in the Act. 5.04 Bylaws. The Association shall have Bylaws. The Bylaws and any amendments thereto shall govern the operation and administration of the Association. 5.05 Management. The Board may delegate to a manager or managing agent the management duties imposed upon the Association's officers and directors by the Governing Documents and the Act; provided, however, that such delegation shall not relieve the officers and. directors of the ultimate responsibility for the performance of their duties as prescribed by the Governing Documents and by law. 5.06 Rules. The Board shall have exclusive authority to approve and implement such reasonable Rules as it deems necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the Property; provided that the Rules shall not be inconsistent with the Governing Documents or the Act. The inclusion in other parts of the Governing Documents of authority to approve Rules shall be deemed to be in furtherance, and not in limitation, of the authority granted by this Section 5.06. New or amended Rules shall be effective only after not less than 30 days notice thereof has been given to the Owners. 5.07 Association Assets; Surplus Funds. All funds and real or personal property acquired by the Association shall be held and used for the common use, benefit and enjoyment of the Owners under the Governing Documents. Surplus Ends remaining after payment of or provision for Common Expenses and reserves shall be credited against future assessments or added to reserves, or any combination thereof, as determined by the Board. 5.08 Resale Disclosure Certificates. Pursuant to Section 515B.4 -107 of the Act, in the event of a resale of a Unit by an Owner other than Declarant, that Owner shall furnish to the purchaser a resale disclosure certificate containing the information required by Section 515.4- 107(b) of the Act. Pursuant to Section 515B.4- 107(d) of the Act, the Association shall, within 10 days after a request by an Owner or the Owner's authorized representative, furnish the resale disclosure certificate. The Association may charge a reasonable fee for furnishing the resale disclosure certificate and any documents related thereto. 6. ASSESSMENTS FOR COMMON EXPENSES. 6.01 General. Assessments shall be determined and assessed against the Units by the Board, in its discretion; subject to the requirements and procedures set forth in Section 6, and the requirements of the Bylaws. Assessments shall include Annual Assessments under Section 6.02, and may include Special Assessments under Section 6.03 and Limited Allocation Assessments under Section 6.04. Annual and Special Assessments shall be allocated among the Units in accordance with the allocation formula set forth in Section 4.02. Limited Allocation Assessments under Section 6.04 shall be allocated to Units as set forth in that Section. 6.02 Annual Assessments. Annual Assessments shall be established and levied by the Board, subject to the limitations set forth hereafter. Each Annual Assessment shall cover all of the anticipated Common Expenses of the Association for that year which are to be shared by all Units in accordance with the allocation set forth in Section 4.02. Annual Assessments shall be payable in equal monthly installments. Annual Assessments shall provide, among other things, for an adequate reserve fund for the Maintenance of the Common Elements and those parts of the Units for which the Association is responsible, except to the extent that the replacement is funded by Limited Allocation Assessments pursuant to Section 6.04. W 6.03 Special Assessments. In addition to Annual Assessments, and subject to the limitations set forth hereafter, the Board may levy in any Assessment year a Special Assessment against all Units, in accordance with the allocation set forth in Section 4.02, for the purpose of defraying in whole or in part (a) the cost of any unforeseen or unbudgeted Common Expense, (b) general or specific reserves for maintenance, repair or replacement, and (c) the construction, maintenance, repair or replacement of any part of the Property, and any fixtures or other property related thereto. 6.04 Limited Allocation Assessments. In addition to Annual Assessments and Special Assessments, the Board may, at its discretion, levy and allocate Limited Allocation Assessments among only certain Units in accordance with the following requirements and procedures: (a) Any Assessment associated with the maintenance, repair, or replacement of a Limited Common Element shall be assessed exclusively against the Unit or Units to which that Limited Common Element is allocated, equally, in proportion to undivided interests or by actual cost per Unit, as determined by the Board. (b) The costs of insurance may be assessed equally, or in proportion to undivided interests or actual cost per Unit, and the costs of common utilities may be assessed in proportion to usage, undivided interests or by such other reasonable allocation as may be approved by the Board. (c) Any Assessment or portion thereof benefitting fewer than all of the Units may be assessed exclusively against the Unit or Units benefitted, equally by actual cost per Unit or in proportion to undivided interests. By way of example, the Board may determine that specific Assessments are of negligible benefit to the Parking Units, or that other Assessments benefit only the Parking Units. (d) Reasonable attorneys' fees and other costs incurred by the Association in connection with (i) the collection of Assessments, and (ii) the enforcement of the Governing Documents, the Act, or the Rules, against an Owner or Occupant or their guests, may be assessed against the Owner's Unit. (e) Late charges, fines and interest may be assessed under Section 13. (f) Assessments levied under Section 515B.3-116(a) of the Act to pay a judgment against the Association may be levied only against the Units existing at the time the judgment was entered, in proportion to their Common Expense liabilities. 10 (g) If any damage to the Common Elements, another Unit or any portion of a Unit that the Association is obligated to maintain is caused by the act or omission of any Owner or Occupant, or their guests, the Association may assess the costs of repairing the damage exclusively against the Owner's Unit to the extent not covered by insurance. (h) If any Assessment or installment of an Assessment becomes more *than 30 days past due, then the Association may, upon 10 days written notice to the Owner, declare the entire amount of the Assessment immediately due and payable in full. (i) If Common Expense liabilities are reallocated for any purpose authorized by the Act, Assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated Common Expense liabilities. 6.05 Working Capital Fund. The Declarant shall establish a working capital fund to meet unforeseen expenditures or to purchase additional equipment or services during the period when the Declarant is conducting its sales activities. There shall be contributed on a one -time basis for each Residential Unit sold by the Declarant an amount equal to 2 months installments of the estimated Annual Assessment for the Residential Unit being conveyed. The contribution to the working capital fund may be paid at the earlier of the time of closing on sale of the Residential Unit or when control of the Association is transferred to the Owners upon termination of the period of Declarant control. The amounts paid into this fund are in addition to the regular monthly installments of Assessments. The funds shall be deposited into the Association's account, and the Declarant may not use the funds to defray any of its expenses, reserve contributions, or construction costs, or to make up any budget deficit while the Declarant is in control of the Association. However, upon closing of an unsold Residential Unit, the Declarant may reimburse itself from funds collected at the closing for funds which it contributed to the working capital fund with respect to that Residential Unit. 6.06 Liability of Owners for Assessments. The obligation of an Owner to pay shall commence at the later of (a) the time at which the Owner acquires title to the Unit, or (b) the due date of' the first Assessment levied by the Board, subject to the alternative Assessment program described in Section 6.07. The Owner at the time an Assessment is payable with respect to the Unit shall be personally liable for the share of the Common Expenses assessed against such Unit. Such liability shall be joint and several where there are multiple Owners of the Unit. The liability is absolute and unconditional. No Owner is exempt from liability for payment of his share of Common Expenses by right of off -set, by waiver of use or enjoyment of any part of the Property, by absence from or abandonment of the Unit, by the waiver of any other rights, or by reason of any claim against the Association or its officers, directors or agents, or for their failure to fulfill any duties under the Governing Documents or the Act. The Association may invoke the charges, sanctions and remedies set forth in Section 13, in addition to any remedies provided elsewhere in the Governing Documents or by law, for the purpose of enforcing its rights hereunder. 6.07 Declarant's Annual Assessment Program. Pursuant to Section 51513.3 -1 15(a)(2) of the Act, the Declarant's liability for Assessments shall be subject to the following limitations: (a) Notwithstanding anything to the contrary in the Governing Documents, if an Annual Assessment has been levied, any unsold Unit owned by Declarant shall be assessed at the rate of 25 percent of the Assessments (exclusive of replacement reserves) levied on that Unit and other Units of the same type until a certificate of occupancy has been issued by the City with respect to such Unit. (b) Although the provisions of Section 6.07(a) shall not affect the share of replacement reserves for Units owned by Declarant, which reserves must be funded by Declarant as required by Section 51513.3 -115 of the Act, there are no assurances that Declarant's reduced Assessment obligation will not affect the level of services for other items in the Association's budget; provided however, that within 60 days following termination of the period of Declarant control of the Association under Section 14.06, the Declarant shall be obligated to make up any operating deficit incurred by the Association during the period of Declarant control. (c) .The. Declarant's reduced Assessment obligation shall apply to each Unit owned by Declarant at the time that any Assessment is levied against the Unit, and shall terminate with respect to each such Unit upon the issuance of a certificate of occupancy by the City for the Unit. 6.08 Assessment Lien. The Association has a lien on a Residential Unit and its appurtenant Parking Unit for any Assessment levied against that Residential Unit or its appurtenant Parking Unit from 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 to Section 515B.3- 102(a)(10), (11) and (12) of the Act are liens, and are enforceable as Assessments, under this Section 6.08. Recording of the Declaration constitutes record notice and perfection of any lien under this Section 6.08, and no further recordation of any notice of or claim for the lien is required. The release of the lien shall not release the Owner from personal liability unless agreed to in writing by the Association. 12 6.09 Foreclosure of Lien; Remedies. A lien for Assessments may be foreclosed against a Unit under Minnesota law (a) by action, or (b) by advertisement as a lien under a mortgage containing a power of sale. The Association, or its authorized representative, shall have the power to bid in at the foreclosure sale and to acquire, hold, lease, mortgage and convey any Unit so acquired. The Owner and any other Person claiming an interest the vT-4 by the acceptance or assertion of any interest in the Unit, grants to the Association a power of sale and full authority to accomplish the foreclosure. The Association shall, in addition, have the right to pursue any other remedy at law or in equity against an Owner who fails to pay any Assessment or charge against the Unit. 6.10 Lien Priority; Foreclosure. A lien for Assessments is prior to all other liens and encumbrances on a Unit except (a) liens and encumbrances recorded before the Declaration, (b) any first mortgage encumbering the fee simple interest in the Unit, and (c) liens for real estate taxes and other governmental assessments or charges against the Unit. Notwithstanding the foregoing, if (i) a first mortgage on a Unit is foreclosed, (ii) the first mortgage was recorded on or after the date of recording of this Declaration, and (iii) no Owner redeems during the Owner's period of redemption provided by Minnesota Statutes, Chapters 580, 581 or 582, then the holder of the sheriffs certificate of sale from the foreclosure of the first mortgage shall take title to the Unit subject to a lien in favor of the Association for unpaid Assessments for Common Expenses levied pursuant to Sections 515B.3- 115(a), (e)(1) to (3), (f), and (i) of the Act which became due, without acceleration, during the 6 months immediately preceding the first day following the end of the Owner's period of redemption. 6.11 Real Estate Taxes and Assessments. Real estate taxes, special assessments, and other charges and fees which may be levied against the Common Elements by governmental authorities, shall be allocated among and levied against the Units in proportion to their percentage of liability for Common Expenses as set forth in Exhibit A, and shall be a lien against each Unit in the same manner as a lien for real estate taxes and special assessments levied against the Unit alone. 6.12 Voluntary Conveyances; Statement of Assessments. In a voluntary conveyance of a Unit the buyer shall not be personally liable for any unpaid Assessments and other charges made by the Association against the seller or the seller's Unit prior to the time of conveyance to the buyer, unless expressly assumed by the buyer. However, the lien of such Assessments shall remain against the Unit until released. Any Owner shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the unpaid Assessments against the Unit, including all Assessments payable in the Association's current fiscal year, which statement shall be furnished within 10 days after receipt of the request and is binding on the Association and each Owner. 13 7. RESTRICTIONS ON USE OF PROPERTY. Subject to the special declarant rights reserved in Section 14, all Owners and Occupants, and all secured parties, by their acceptance or assertion of an interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to any other restrictions which may be imposed by the Act or the Governing Documents, the occupancy, use, operation, alienation and conveyance of the Property shall be subject to the following restrictions: 7.01 General. The Property shall be owned, conveyed, encumbered, leased, used and occupied subject to the Governing Documents and the Act, as amended from time to time. All covenants, restrictions and obligations set forth in the Governing Documents are in furtherance of a plan of the Property, and shall run with the Property and be a burden and benefit to all Owners and Occupants and to any other Person acquiring or owning an interest in the Property, their heirs, personal representatives, successors and assigns. 7.02 Subdivision Prohibited. Except as permitted by the Act, no Unit nor any part of the Common Elements may be subdivided or partitioned without the prior written approval of all Owners and all secured parties holding first mortgages on the Units. 7.03 Residential Use. The Residential Units shall be used by Owners and Occupants and their guests exclusively as private, single family residential dwellings, and not for transient, hotel, commercial, business or other non - residential purposes, except as provided in Section 7.04. The number of occupants per Residential Unit shall be restricted in accordance with the Building Officials and Code Administration (BOCA) occupancy restrictions. Any lease of a Residential Unit (except for occupancy by guests with the consent of the Owner) for a period of less than 30 days, or any occupancy which includes services customarily furnished to hotel guests, shall be presumed to be for transient purposes. 7.04 Business Use Restricted. No business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted in any Residential Unit or the Common Elements except: (a) An Owner or Occupant residing in a Residential Unit may maintain a home occupation in such Unit and handle matters relating to such home occupation by telecommunications or correspondence therefrom; provided, that such uses (i) are incidental to the residential use, (ii) do not involve physical alteration of the Residential Unit visible from the exterior, (iii) are in compliance with all governmental laws, ordinances and regulations, and (iv) do not involve any observable business activity such as signs, advertising displays, regular deliveries, or pedestrian or vehicular traffic to and from the Residential Unit by customers or employees. 14 (b) The Declarant may maintain offices, sales facilities and other business facilities on the Property in connection with the exercise of its special Declarant rights; 7.05 Leasing. The Community is intended and designed to be an Owner occupied single - family residential development. Consistent with these objectives, Units must be purchased exclusive) for Owner occupancy, not for investment or other purposes, and p.._� y p � must be Owner occupied except as otherwise provided in this Section 7.05. No Unit may be leased, rented or occupied, regardless of whether consideration is paid in connection with the occupancy, except as follows: (a) Any institutional lender which owns a mortgage on any Unit shall be exempt from the occupancy restrictions set forth in this Section 7.05 when and if the mortgagee obtains title to a Unit through foreclosure or deed in lieu of foreclosure. (b) The Board may grant exemptions to certain occupancy restrictions set forth in this Section 7.05 to an Owner, upon written application by the Owner, under the following circumstances: (i) An Owner who is transferred out of the Minneapolis -St Paul metropolitan area by the Owner's employer, and who has a reasonable basis to believe that he or she will reoccupy the Unit within 2 years following the date of transfer, may lease the Unit during the 2 year absence period. (ii) An Owner who has been accepted for an educational program sponsored by a recognized educational institution, or who has been granted a sabbatical leave for educational purposes, which will take the Owner out of the Minneapolis -St Paul metropolitan area, and who has a reasonable basis to believe that he or she will reoccupy the Unit within 2 years following the date of departure, may lease the Unit during the 2 year absence period. (iii) An Owner who has a family medical emergency, or who is the family's sole care giver, who must leave the Minneapolis-St- Paul metropolitan area in order to take care of the medical or care emergency, and who has a reasonable basis to believe that he or she will reoccupy the Unit within 6 months following the date of departure, may lease the Unit during the 6 month absence period. (iv) An Owner who is a member of the United States military 15 services or National Guard who is transferred out of the Minneapolis -St Paul metropolitan area by reason of such service, and who has a reasonable basis to believe that he or she will reoccupy the Unit within 2 years following the date of transfer, may lease the Unit during the 2 year absence period. (v) If the Owner of a Unit leased as the result of one of the foregoing situations does not return and reoccupy the Unit within the specified time period, then the Owner must undertake to sell the Unit, including listing the Unit for sale with a licensed real estate broker at a market - competitive price, promptly upon the request of the Board. (vi) A Parking Unit may be leased to, or rented or occupied by, an Owner or Occupant of a Residential Unit other than the Residential Unit to which the Parking Unit is appurtenant. (vii) The Board may grant additional exemptions to the leasing restrictions based upon establishing criteria for situations comparable to those described above. The Board may also require that the Owner sign an agreement prior to departure which describes the conditions for leasing the Unit. (c) In any of the situations described in Section 7.05(b) an Owner may, without approval of the Board, lease a Unit to a member of that Owner's immediate family, subject to the restrictions set forth in Section 7.05(d). (d) Any permitted lease authorized under this Section 7.05 shall be subject to the conditions that (i) no Unit shall be leased for transient or hotel purposes; (ii) no Unit shall be subleased; (iii) unless also occupied by the Owner, a Unit must be leased in its entirety (not by room); (iv) the lease shall be in writing; (v) the lessee who has the legal right to possess the Owner's Unit shall have the right to use any common facilities, parking, and any other amenities on the Property in lieu of the Owner and the Owner's family; and (vi) the lease shall provide that it is subject to the Governing Documents, Rules and the Act, and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. The Board may also impose such reasonable Rules as may be necessary to implement procedures for leasing consistent with this Section 7.05. (e) Notwithstanding the foregoing, the occupancy restrictions in this Section 7.05 shall not apply to any Units owned by the Declarant, who may lease Units owned by it subject only to the restrictions in Section 7.05(d). 7.06 Delegation of Use. An Owner may delegate, in accordance with the Governing Documents, the Owner's right of use and enjoyment of the Unit to persons 16 living in the Unit pursuant to a legal right of possession; provided, that such Persons shall . be subject to the Governing Documents and the Rules. If lessees, or other Persons other than the Owner or the Owner's family, have been given the legal right to possess the Owner's Unit, then those Persons shall have the right to use any common recreational facilities, parking, storage and other amenities on the Property in lieu of the Owner and the Owner's family. 7.07 Parking. Parking Units, garages, and other parking areas on the Property shall be used only for parking of passenger vehicles owned or leased by Owners and Occupants and their guests, and such other incidental uses as may be authorized from time to time by the Rules. The use of Parking Units, garages and other parking areas on the Property, and the types of vehicles and personal property permitted thereon, shall be subject to regulation by the Association, including without limitation the right of the Association to tow illegally parked vehicles or to remove unauthorized personal property. The Association may prohibit or regulate by Rule any open storage of items or installation of storage cabinets or facilities within a Parking Unit. 7.08 Animals. No animals may be bred, or kept or maintained for business or commercial purposes, anywhere on the Property. However, the Board shall have the exclusive authority to prohibit, or to allow and regulate, in the Rules, the keeping of animals on the Property. This authority may be exercised so as to permit or prohibit different types of animals, but those animals which are permitted (if any) shall be limited to common domestic house pets such as dogs, cats, fish, birds and the like. The word "animal" shall be construed in its broadest sense and shall include all living creatures except humans. Each Owner shall indemnify, defend and hold the Association harmless from any claim resulting from any action of his animal, 7.09 Quiet Enjoyment; Interference Prohibited. All Owners and Occupants and their guests shall have a right of quiet enjoyment in their respective Units. The Property shall be occupied and used in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of the Property by other Owners and Occupants and their guests. 7.10 Prohibited Conduct. No Owner or Occupant shall (a) cause or permit any physical changes to their Unit that could jeopardize or impair the weather -tight soundness or safety of the Building, any Building system, or other improvement located on the Property; (b) interfere with any easement; (c) install or permit the installation of hard surface floor coverings within their Unit without the prior written authorization of the Board, except for the replacement of floor coverings of the same type as originally installed in the Unit by Declarant; or (d) cause or permit any physical changes to their 17 Unit which could affect or damage the sound barriers or sound attenuation materials installed on or within. the ceilings, floors or walls between the Units. 7.11 Compliance with Law. No use shall be made of the Property which would violate any then existing municipal codes or ordinances, or state or federal laws, nor shall any act or use be permitted which could cause waste to the Property, cause a material increase in insurance rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense for the Association or any Owner or Occupant. The violating Owner shall indemnify, defend and hold the Association and other Owners harmless from all fines, penalties, costs and prosecutions for the violation thereof and noncompliance therewith. 7.12 Easements and Declarations. The Property is subject to certain easements and declarations in favor of the City and the Minnehaha Creek Watershed District. The easements and declarations are recorded against the Property and contain various restrictions and requirements with respect to the development and use of the Property, and bind the Property and. the Owners. 7.13 Alterations. Except for any construction or Alterations made by the Declarant in connection with its completion and sale of the Building, Units and Common Elements, no Alterations (as defined in Section 8) shall be made, or caused or allowed to be made in any part of the Common Elements, or in any part of a Unit which affects the Common Elements or another Unit or which is visible from the exterior of the Unit, without the prior written authorization of the Board, or a committee appointed by it, as provided in Section S. The Board, or the appointed committee if so authorized by the Board, shall have authority to establish reasonable criteria and requirements for Alterations, and shall be the sole judge of whether the criteria are satisfied. 7.14 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. 7.15 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 of the Association, by the Association's management agents or by any public safety personnel. Entry is also authorized for maintenance purposes under Sections 9 and 12 and for enforcement purposes under Section 13. 7.16 Heating of Residential Units. For the purpose of preventing damage to and breakage of water, sewer and other utility lines and pipes in a Residential Unit which might result in damage to the adjoining Residential Unit, all Owners shall maintain the HM temperature in their Residential Units, at all times, at least at 55 degrees Fahrenheit (or such other reasonable: temperature or standard as the Board may from time to time specify in the Rules), subject, however, to the inability to maintain such temperature due to causes beyond the Owner's reasonable control. Any damage resulting from the refusal or failure of an Owner so to maintain such minimum temperature may be repaired by the Association and (unless due to causes beyond the Owner's reasonable control) the cost thereof assessed against the Residential Unit of the refusing or failing Owner. However, if the failure to maintain such minimum temperature is due to causes beyond the Owner's reasonable control, the cost of such repair shall be a Common Expense. The Association may by the Rules require Residential Units which are unoccupied for substantial periods of time during winter to use alarms which will detect abnormally low temperatures. 8. ARCHITECTURAL STANDARDS. 8.01 Restrictions on Alterations. One of the purposes of this Declaration is to ensure that those parts of the Units which are visible from the exterior be kept architecturally attractive and uniform in appearance. Therefore, the following restrictions and requirements shall apply to alterations on the Property: (a) Except as expressly provided in this Section 8, and except for alterations made by the Declarant in consideration of its initial sale of a Unit, no structure, building, addition, deck, patio, fence, wall, enclosure, window, exterior door, antennae or other type of sending or receiving apparatus, sign, display, decoration, color change, shrubbery, material topographical or landscaping change, nor any other exterior improvements to or alteration of a Unit which affects the Common Elements or another Unit, or which is visible from the exterior of the Unit (collectively referred to as "A iterations "), shall be commenced, erected or maintained, unless and until the plans and specifications showing the nature, kind, shape, height, color, materials and locations of the Alterations shall have been approved in writing by the Board or a committee appointed by it. Notwithstanding the foregoing, the Declarant's written consent shall also be required for Alterations until the expiration of the Declarant control period described in Section 14.06. (b) The Board may appoint, supervise and disestablish an architectural committee, and specifically delegate to it part or all of the functions which the Board exercises under this Section 8, in which case the references to the Board shall refer to the architectural committee where appropriate. The architectural committee shall be subject to the supervision of the Board. (c) The Board shall establish the criteria for approval of Alterations, which shall include and require, at a minimum: ILI (i) Substantial uniformity of color, size, location, type and design in relation to existing improvements and topography; (ii) Comparable or better quality of materials as used in existing improvements; (iii) Ease of maintenance and repair; (iv) Adequate protection of the Property, the Association, Owners and Occupants from liability and liens arising out of the proposed Alterations; and (v) Substantial preservation of other Owners' sight lines, if material; (vi) Compliance with governmental laws, codes and regulations. The Board, or the appointed committee if so authorized by the Board, shall be the sole judge of whether the criteria are satisfied. (d) Subject to the provisions of applicable law, an Owner may, at the Owner's expense, make improvements or alterations to his Unit as necessary for the full enjoyment of the Unit by any person residing in the Unit who has a handicap or disability, as provided in the Fair Housing Amendments Act, United States Code, Title 42, Section 3601, et seq., and the Minnesota Human Rights Act, Chapter 363, and any amendments to those acts; provided however, that such improvements or alterations shall comply with the criteria for approval of Alterations in Section 8.01(c). (e) Approval of Alterations which encroach upon another Unit or the Common Elements shall create an appurtenant easement for such encroachment in favor of the Unit with respect to which the Alterations are approved, notwithstanding any contrary requirement in the Governing Documents or the Act. A file of the resolutions approving all Alterations shall be maintained permanently as a part of the Association's records. (f) Notwithstanding the foregoing, the installation of an antenna one meter or less in diameter for the purpose of receiving direct broadcast/satellite service or video programming services, or any antenna for receiving television broadcast signals, may be installed on a Unit or the Common Elements to the extent permitted by applicable federal law; provided, that the antenna shall be installed so as to minimize its visibility and otherwise camouflage its appearance, and so as not to impose a greater maintenance 20 burden on the Association or damage the Common Elements or any Unit. The Board shall have authority to impose further reasonable requirements consistent with law. 8.02 Review Procedures. The following procedures shall govern requests for Alterations under this Section 8: (a) Detailed plans, specifications and related information regarding any proposed Alteration, in form and content acceptable to the Board, shall be submitted to the Board at least 60 days prior to the projected commencement of construction. No Alterations shall be commenced prior to approval. (b) The Board shall give the Owner written notice of approval or disapproval. If the Board fails to approve or disapprove within 60 days after receipt of the plans and specifications and all other information requested by the Board, then approval will not be required, and this Section 8 shall be deemed to have been fully complied with so long as the Alterations are done in accordance with the plans, specifications and related information which were submitted. (c) If no request for approval is submitted, approval is denied, unless (a) the Alterations are reasonably visible, and (b) no written notice of the violation has been given to the Owner in whose Unit the Alterations are made, by the Association of another Owner, within 6 months following the date of completion of the Alterations. Notice may be direct written notice: or the commencement of legal action by the Association or an Owner. The Owner of the Unit in which the Alterations are made shall have the burden of proof, by clear and convincing evidence, that the Alterations were completed and reasonably visible for at least 6 months following completion and that the notice was not given. 8.03 Remedies for Violations. The Association may undertake any measures, legal or administrative, to enforce compliance with this Section 8 and shall be entitled to recover from the Owner causing or permitting the violation all attorneys' fees and costs of enforcement, whether or not a legal action is started. Such attorneys' fees and costs shall be a personal obligation of the Owner and a lien against the Owner's Unit. In addition, the Association shall have the right to enter the Owner's Unit and to restore any part of the Dwelling or Unit to its prior condition if any Alterations were made in violation of this Section 8, and the cost of such restoration shall be a personal obligation of the Owner and a lien against the Owner's Unit_ 8.04 Hold Harmless, The Owner who causes an Alteration to be made, regardless of whether the Alteration is approved by the Board, shall be solely responsible for the construction standards and specifications relating to the Alteration, and the construction 21 work. The Owner, and not the Association, is responsible for determining whether any Alteration is in violation of any restrictions imposed by any governmental authority having jurisdiction over the Property. The Owner shall hold the Association harmless and indemnify the Association, and its officers and directors, from and against any expenses, claims, damages, losses or other liabilities, including without limitation attorneys' fees and C v costs o flit iga t litigation, arising �f ( a) n Alteration which violates any governmental laws, codes, ordinances or regulations, (b) the adequacy of the specifications for construction of the Alterations, and (c) the construction of the Alterations. 8.05 Exemptions. The requirements set forth in this Section 8 (except Section 8.04) shall not apply to any construction or Alterations by the Declarant in connection with its completion and sale of the Building, Units and Common Elements. 9. MAINTENANCE. The following provisions shall govern the maintenance, repair and replacement (collectively referred to as "Maintenance ") of the Property. 9.01 Association Responsibility. The Association shall, at its expense, undertake and perform the Maintenance of all Common Elements and Limited Common Elements subject to the following qualifications: (a) Tbo costs associated with the Association's Maintenance obligations under this Section 9.01 shall be funded by Assessments determined and levied in accordance with Secl.ion 6. (b) The Association may assign to an Owner the obligation for routine Maintenance of a Limited Common Element allocated to the Owner's Unit. However, if the Owner fails to perform the Maintenance to the standards established by the Association, the Association may enter the Limited Common Element, perform the Maintenance and assess the Owner's Unit for the costs; provided that reasonable notice and an opportunity to cure the violation shall first be given to the Owner. (e) The Association shall be responsible for repairing incidental damage caused to a Unit or its Limited Common Elements, by work undertaken by the Association pursuant to this Section 9.01. (d) The Association may elect to maintain, repair or replace (collectively "Maintain ") mechanical, structural or other components which are a part of the Unit and assess the costs against the Unit, if the failure or impairment of the component could result in damage to the Common Elements or other Units, impair the function of any common Building system, or create a health or safety hazard. (e) If damage is caused to the Common Elements, Limited Common Elements or other Units by an Owner or such Owner's occupants or guests, or by any condition in the Unit or Limited Common Elements which the Owner or Occupant has 22 caused or allowed to exist, then the Association may repair the damage or correct the condition and assess the cost thereof against the responsible Owner's Unit. (f) If authorized by the City, the Association may perform such Maintenance as it deems necessary with respect to any sidewalks, streets and boulevards located adjacent to the Property and owned and maintained by the City. 9.02 Owners Responsibility. The Owner shall, at his or her expense, be responsible for Maintenance as follows: (a) To Maintain all portions of the Owner's Unit, except those Maintained by the Association, in good, clean, sanitary and safe condition- (b) To perform Maintenance of the Limited Common Elements allocated to the Unit to the extent the Association assigns such obligations to the Owner. The Association may require that the Owners perform their Maintenance obligations in accordance with standards established by the Association. (c) To perform the Maintenance obligations in such manner as not to damage the Property, or unreasonably disturb or cause a hazard to other persons occupying or using the Property. (d) To promptly pay or reimburse the Association for any costs incurred by the Association fo3- the repair of any damage to the Common Elements, Limited Common Elements or other 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 allowed to exist. 9.03 Duty to Report Defects. Owners or Occupants shall promptly report to the Association any defect or need for repair to the Common Elements or Limited Common Elements. 9.04 Easements for Maintenance, Repair and Replacement. Each Unit and the Common Elements and Limited Common Elements are subject to the maintenance, repair and replacement easements described in Section 12. 10. INSURANCE. 10.01 Required Coverage. The Association shall obtain and maintain, at a minimum, master policies of insurance in accordance with the insurance requirements set forth in the Act and the additional requirements set forth herein, issued by a reputable insurance company or companies authorized to do business in the State of Minnesota, as follows: 23 (a) Property insurance in broad form covering all risks of physical loss in an amount equal to 100 percent of the insurable "replacement cost" of the Property, less deductibles exclusive of land, footings, excavation and other items normally excluded from coverage (but including all building service equipment and machinery. The Association may or may not insure the improvements and betterments referred to in Section 51513.3- 113(b)(i) through (vii) of the Act as determined by the Board, but must do so if required by the Federal National Mortgage Association ( "FNMA "), or such other secondary mortgage market or federal agencies as the Board deems appropriate. The policy or policies shall cover personal property owned by the Association. The policy or policies shall also contain "Inflation Guard" and "Agreed Amount" endorsements, if reasonably available. Such policy or policies shall include such additional endorsements, coverages and limits with respect to the foregoing and other hazards as may be required from time to time by the regulations of the FNMA, or such other secondary mortgage market or federal agencies as the Board deems appropriate, as a precondition to their insuring, purchasing or financing a mortgage on a Unit. The Board may also, on behalf of the Association, enter into binding written agreements with a mortgagee or insurer, guarantor or servicer of a mortgage on a Unit, obligating the Association to keep certain specified coverages or endorsements in effect. (b) Comprehensive public liability insurance covering the use, operation and maintenance of the Common Elements, with minimum limits of $1,000,000 per occurrence, against claims for death, bodily injury and property damage, and such other risks as are customarily covered by such policies for projects similar in construction, location and use to the Property. The policies shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Association or other Owners or Occupants. The policies shall include such additional endorsements, coverages and limits necessary to comply with the regulations of the FNMA, or such other secondary mortgage market or federal agencies as the Board deems appropriate, as a precondition to the insuring, purchase, financing or guarantee of a mortgage on a Unit. (c) Fidelity bond or insurance coverage against dishonest acts on the part of directors, officers, managers, trustees, employees or persons responsible for handling funds belonging to and administered by the Association if deemed to be advisable by the Board or required by the regulations of the FNMA, or such other secondary mortgage market or federal agencies as the Board deems appropriate, as a precondition to the purchase or financing of a mortgage on a Unit. The fidelity bond or insurance shall name the Association as the named insured, and shall comply with the regulations of the FNMA, or such other secondary mortgage market or federal agencies as the Board deems appropriate, if required by one of such agencies as a precondition to the insuring, purchase, finance or guarantee of a mortgage on a Unit. An appropriate endorsement to 24 the policies to cover any persons who serve without compensation shall be added if the policies would not otherwise cover volunteers, or a waiver of defense based upon the exclusion of persons serving without compensation shall be added. (d) Workers' Compensation insurance as required by law. (e) Directors and officers liability insurance with such reasonable limits and coverages as the Board shall determine from time to time. (f) Such other insurance as the Board may determine from time to time to be in the best interests of the Association and other Owners. 10.02 Premiums; Improvements; Deductibles. Except as provided in Section 6.04, all insurance premiums shall be assessed and paid as Annual Assessments. Any increased cost as a result of providing coverage for improvements and betterments to the Units may be assessed against the Units affected. The Association may, in the case of a claim for damage to a Unit or Units, (a) pay the deductible amount as a Common Expense, (b) assess the deductible amount against the Units affected in any reasonable manner, or (c) require the Owners of the Units affected to pay the deductible amount directly. The Association's decision as to who shall be charged with paying the deductible amount may, but need not, be based on fault. 10.03 Loss Payee; Insurance Trustee. All insurance coverage maintained by the Association shall be written in the name of, and the proceeds thereof shall be payable to, the Association (or a qualified insurance trustee selected by it) as trustee for the benefit of the Owners and secured parties, including Eligible Mortgagees, which suffer loss. The Association, or any insurance trustee selected by it, shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any insurance policy maintained by the Association, 10.04 Required Policy Provisions. All policies of property insurance carried by the Association shall provide that: (a) Each Owner and secured party is an insured person under the policy with respect to liability arising out of the Owner's interest in the Common Elements or membership in the Association. (b) The insurer waives its right to subrogation under the policy against any Owner or member of the Owner's household and against the Association and members of the Board. 25 (c) The coverage shall not be voided by or conditioned upon (i) any act or omission of an Owner or Eligible Mortgagee, unless acting within the scope of authority on behalf of the Association, or (ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Property over which the Association has no control. (d) If at the time of a loss under the policy there is other insurance in the name of an Owner covering the same property covered by the policy, the Association's policy is primary insurance. 10.05 Cancellation; Notice of Loss. All policies of property insurance and comprehensive liability insurance maintained by the Association shall provide that the policies shall not be canceled or substantially modified, for any reason, without at least 30 days prior written notice to the Association and to all secured parties holding first mortgages on the Units. 10.06 Restoration in Lieu of Cash Settlement. Property insurance policies maintained by the Association shall provide that, despite any provisions giving the insurer the right to elect to restore damage in lieu of a cash settlement, such option shall not be exercisable (a) without the prior written approval of the Association (or any insurance trustee) or (b) when in conflict with provisions of any insurance trust agreement to which the Association may be a party, or any requirement of law. 10.07 Owner's Personal Insurance. Each Owner shall obtain additional personal insurance coverage (commonly known as "gap coverage" or an "1-106" policy) at his own expense covering fire and other casualty to the interior of the Unit, personal property and the Owner's personal liability. Insurance policies maintained by Owners are without contribution as against the insurance purchased by the Association, except as to deductible amounts or other items not covered under the Association's policies. 11. RECONSTRUCTION; CONDEMNATION; AND EMINENT DOMAIN. 1 1.01 Reconstruction. The obligations and procedures for the repair, reconstruction or disposition of the Property following damage to or destruction thereof shall be governed by the Act. Any repair or reconstruction shall be substantially in accordance with the plans and specifications of the Property as initially constructed and subsequently improved. Notice of substantial damage or destruction shall be given pursuant to Section 16. 26 1 1.02 Condemnation and Eminent Domain, In the event of a taking of any part of the Property by condemnation or eminent domain, the provisions of the Act shall govern; provided, (a) that notice shall be given as provided in Section 16.1 1(b) that the Association shall be the attorney -in -fact to represent the Owners in any related proceedings, negotiations, settlements or agreements, and (c) that any awards or proceeds shall be payable to the Association for the benefit of the Owners and the mortgagees of their Units. Eligible Mortgagees shall be entitled to priority for condemnation awards in accordance with the priorities established by the Act and the Governing Documents, as their interests may appear. 11.03 Termination and Liquidation. The termination of the Community, and the distribution of any proceeds therefrom, shall be governed by the Act. Any distribution of funds shall be based upon the value of the Units as determined by their relative value for property insurance purposes, and shall be made to Owners and their mortgage holders, as their interests may appear, as provided in the Act. 11.04 Notice. The Association shall give written notice of any condemnation proceedings or substantial destruction of the Property to the Eligible Mortgagees entitled to notice under Section 16.11. 11.05 Association's Authority. In all cases involving reconstruction, condemnation, eminent domain, termination or liquidation of the Community, the Association shall have authority to act on behalf of the Owners in all proceedings, negotiations and settlement of claims. All proceeds shall be payable to the Association to hold and distribute for the benefit of the Owners and their mortgage holders, as their interests may appear, in accordance with the Act. 12. EASEMENTS. 12.01 Recorded Easements. The Property shall be subject to all easements shown on the CIC Plat and to any other easements of record on the date of this Declaration, 12.02 Access. Each Unit shall be the beneficiary of a nonexclusive easement for access to and from a street or highway on and across those portions of the Common Elements designated for use as driveways or walkways, as originally constructed, shown on the Plat or otherwise designated by the Association, subject to any restrictions authorized by the Governing Documents or the Rules. 12.03 Use and Enjoyment. Each Unit shall be the beneficiary of nonexclusive 27 easements for the use and enjoyment on and across the Common Elements and any Limited Common Element allocated to the Unit, subject to any restrictions authorized or imposed by the Governing Documents. 12.04 Structural Support. 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 other structural components located in or passing through another Unit or other parts of a Building, or shared with an adjoining Unit or the Common Elements_ 12.05 Encroachments. Each Unit and the Common Elements, and the rights of the Owners and Occupants therein, shall be subject to a nonexclusive easement in favor of the adjoining Units for encroachments caused by the construction, reconstruction, repair, shifting, settlement or movement of any part of the Property, and for improvements which are added in compliance with Section 8. If there is an encroachment upon another Unit or the Common Elements, as a result of any of the aforementioned causes, an easement shall exist for the encroachment, for the use, enjoyment and habitation of any encroaching Unit or improvement, and for the maintenance thereof. Improvements or alterations added pursuant to Section 8 shall be limited to minor encroachments, and no easement shall exist unless the proposed improvements have been approved and constructed as required by this Declaration. Such easements shall continue for as long as the encroachment exists and shall not affect the marketability of title. 12.06 Maintenance, Repair, Replacement and Reconstruction. Each Unit, and the rights of the Owners and Occupants thereof, and the Common Elements and Limited Common Element, shall be subject to and benefited by a nonexclusive easement in favor of the Association for the Maintenance and reconstruction of the Common Elements, Units and other improvements located within the Units, and utilities serving the Units, to the extent necessary to fulfill the Association's obligations under the Governing Documents. Each Owner shall afford to the Association and its management agents and employees, access at reasonable times and upon reasonable notice, to and through the Unit and its Limited Common Elements for maintenance, repair and replacement; provided that access may be had without notice and at any time in case of emergency. 12.07 Utilities. The Common Elements and the Units shall be subject to and benefited by nonexclusive easements in favor of the Association, the City and all utility companies and other service providers for the installation, use, maintenance, repair and replacement of all utilities, services and common operating systems, such as natural gas, electricity, cable TV and other electronic communications, water, sewer, septic systems, wells, and similar services, fire control systems and other common operating systems, and metering and control devices, which exist, which are constructed as part of the 28 development of the Property, which are approved by the City, which are approved by the Association under authority contained in the Governing Documents or the Act, or which are described or referred to in the Plat, this Declaration or other recorded instruments. Each Unit, and the rights of the Owners and Occupants thereof, shall also be subject to and benefited by a non- exclusive, easement in favor of the other Units, the Common Elements and the Association for all such utilities, services, fire control systems and other common operating systems, Utilities and related services or systems shalt be installed, used, maintained and repaired so as not to interfere with the use and quiet enjoyment of the Units by the Owners and Occupants, nor affect the structural or architectural integrity of any Building, Units or Common Element improvements. 12.08 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 personnel. Each Unit shall be equipped with an emergency access key lock box of the type and in the location designated by the City; and the Owners and Occupants shall comply with the requirements of the City with respect to the use and Maintenance of any such key lock box system. 12.09 Project Signs. Declarant and the Association shall have a non - exclusive easement and right to erect and maintain temporary and permanent signs and related monuments identifying the common interest community on the Common Elements and on Units owned by the Declarant_ Those parts of the Property on which monument signs or related decorative improvements are located shall be subject to non - exclusive easements in favor of the Association for the continuing use, maintenance, repair and replacement of said signs and improvements. 12.10 Declara.nt's Easements. The Units and Common Elements are subject to exclusive easements in favor of the Declarant for the exercise of its Declarant Rights as described in the Governing Documents 12.11 Other Easements. The Property shall be subject to such other easements as may be recorded against the Property by reason of the City's requirements in connection with the development of the Property. 12.12 Continuation, Scope and Conflict of Easements. The easements set forth in this Section (a) shall run with the land and shalt be appurtenant to the benefited Property, (b) shalt supplement and not limit any easements described elsewhere in this Declaration, or otherwise recorded, (c) shall be permanent, subject only to termination in accordance with the terms of the easement, and (d) shall include reasonable access to the easement 29 areas over and through the Property for purposes of construction, maintenance, repair, replacement and reconstruction. Notwithstanding anything in this Declaration to the contrary, no Owner or Occupant shall be denied reasonable access to his or her Unit or the right to utility services thereto. 12.13 Nor_ Interference: Impairment Prohibited. All Persons exercising easement rights shall do so in a reasonable manner so as not to materially interfere with the operation of the Property or damage to the Property, and shall be financially liable for all costs of repair of any part of the Property which is damaged by the Person's exercise of the easement rights. No Person shall impair, obstruct or cause damage to any easement area, or improvements or equipment installed therein. Notwithstanding anything in this Declaration to the contrary, no Owner or Occupant shall be denied reasonable access to his or her Unit or the right to utility services thereto. 12.14 Benefit of Easements. All easements benefiting a Unit shall benefit the Owners and Occupants of the Unit, and their families and guests. However, an Owner who has delegated the right to occupy the Unit to an Occupant or Occupants, whether by a lease or otherwise, does not have the use and other easements rights in the Property during such delegated occupancy, except (a) as a guest of an Owner or Occupant, or (b) in connection with the inspection of the Unit or recovery of possession of the Unit pursuant to law. 13. COMPLIANCE AND REMEDIES. Each Owner and Occupant, and any other Person owning or acquiring any interest in the Property, shall be governed by and comply with the provisions of the Act, the Governing Documents, the Rules, and such amendments thereto as may be made from time to time, and the decisions of the Association. A failure to comply shall entitle the Association to the relief set forth in this Section 13, in addition to the rights and remedies authorized elsewhere by the Governing Documents and the Act. 13.01 Entitlement to Relief. The Association may commence legal action to recover sums due, for damages, for injunctive relief or to foreclose a lien owned by it, or any combination thereof, or an action for any other relief authorized by the Governing Documents or available at law or in equity. Legal relief may be sought by the Association against any Owner to enforce compliance with the Governing Documents, the Rules, the Act or the decisions of the Association. Owners may also enforce compliance with the Governing Documents, the Rules, or the Act by a private legal action, independent of this Section 13. However, no Owner may withhold any Assessments payable to the Association, or take or omit other action in violation of the Governing Documents, the Rules or the Act, as a measure to enforce such Owner's position, or for any other reason. 30 13.02 Sanctions and Remedies. In addition to any other remedies or sanctions, expressed or implied, administrative or legal, the Association shall have the right, but not the obligation, to implement any one or more of the following actions against the Owners and Occupants and /or their guests, who violate the provisions of the Governing Documents, the Rules or the Act: (a) Commence legal action for damages or equitable relief in any court of competent jurisdiction. (b) Impose late charges of up to the greater of 525.00 or 15 percent of the amount past due, for each past due Assessment or installment thereof, and impose interest at the highest rate permitted by law accruing beginning on the first day of the month after the Assessment or installment was due. (c) In the event of default of more than 30 days in the payment of any assessment or installment thereof, all remaining installments of Assessments assessed against any Unit owned by the defaulting Owner, and any Residential Unit or Parking Unit appurtenant to such Unit, may be accelerated and shall then be payable in full if all delinquent Assessments or installments thereof, together with all attorneys' fees, costs of collection, late charges and interest, are not paid in full prior to the effective date of the acceleration. Not less than 10 days advance written notice of the effective date of the acceleration shall be given to the defaulting Owner. (d) Impose reasonable fines, penalties or charges for each violation of the Act, the Governing Documents or the Rules of the Association. (e) Suspend the rights of any Owner to vote when the Assessments due with respect to an Owner's Unit or Units are past due, and suspend the rights of any Owner or Occupant and their guests to use any Common Element amenities; provided, that the suspension of use rights shall not apply to Limited Common Elements, or deck, balcony, porch or patio easements, appurtenant to the Unit, and those portions of the Common Elements providing utilities service and access to the Unit. Such suspensions shall be limited to periods of default by such Owners and Occupants in their obligations under the Governing Documents, and for up to 30 days thereafter, for each violation. (f) Restore any portions of the Common Elements or Limited Common Elements damaged or altered, or allowed to be damaged or altered, by any Owner or Occupant or their guests in violation of the Governing Documents, and to assess the cost of such restoration against the responsible Owners and their Units. a (g) Enter any Unit or Limited Common Elements in which, or as to which, a violation or breach of the Governing Documents exists which is likely to materially affect the health or safety of the other Owners or Occupants, 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, and to summarily abate and remove, at the expense of the offending Owner or Occupant, any structiire thing or condition in the unit or Limited Common Elements which is causing the violation; provided, that any improvements which are a part of a Unit may be altered or demolished only pursuant to a court order or with the agreement of the Owner. (h) Foreclose any lien arising under the provisions of the Governing Documents or under law, in the. manner provided by the Act. 13.03 Rights to Hearing. In the case of imposition of any of the remedies authorized by Section 13.02(d), (e), (f) or (g) the Board shall, upon written request of the offender, grant to the offender a fair and equitable hearing as contemplated by the Act. The offender shall be given notice of the nature of the violation and the right to a hearing, and at least 10 days within which to request a hearing. The hearing shall be scheduled by the Board and held within 30 days of receipt of the hearing request by the Board, and with at least 10 days prior written notice to the offender. If the offending Owner 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 Board shall be final and binding on all parties. The Board's decision shall be delivered in writing to the offender within 10 days following the hearing, if not delivered to the offender at the hearing. The Board may delegate the foregoing hearing authority to a committee of three or more disinterested Owners, who shall conduct the hearing and make a recommendation to the Board regarding the disposition of the matter. 13.04 Lien for Charges, Penalties, Etc. Any Assessments, charges, fines, penalties or interest imposed under this Section 13 shall be a lien against the Units of the Owner or Occupant against whom the same are imposed and the personal obligation of such Owner in the same manner and with the same priority and effect as assessments under Section 6. The Iien shall attach as of the date of imposition of the remedy, but shall not be final as to violations for which a hearing is held until the Board gives written notice 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 right to pursue any others. 32 13.05 Costs of Proceeding and Attorneys' Fees. With respect to any collection measures, or any measures or action, legal, administrative, or otherwise, which the Association takes to enforce the provisions of the Act, Governing Documents or Rules whether or not finally determined by a court or arbitrator, the Association may assess the violator and his Units with any expenses incurred in connection with such enforcement, including without limitation fines or charges previously imposed by the Association, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on the delinquent amounts owned to the Association. Such expenses shall also include any collection or contingency fees or costs charged to the Association by a collection agency or other Person acting on behalf of the Association in collecting any delinquent amounts owed to the Association by an Owner or Occupant. Such collection or contingency fees or costs shall be the personal obligation of such Owner and shall be a lien against such Owner's Units. 13.06 Liability for Owners' and Occupants' Acts, An Owner shall be liable for the expense of any Maintenance of the Property rendered necessary by such Owner's acts or omissions, or by that of Occupants or guests in the Owner's Units, to the extent that such expense is not covered by the proceeds of insurance carried by the Association or such Owner or Occupant. However, 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 condition and against his Units. 13.07 Enforcement by Owners. The provisions of this Section 13 shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules and the Act as provided therein. 14. SPECIAL DECLARANT RIGHTS. The Declarant hereby reserves exclusive and unconditional authority to exercise the following special declarant rights within the meaning of Section 515B. 1-103(32) of the Act for as long as the Declarant is obligated under any warranty or obligation, owns any Unit, or for such shorter period as' may be specifically indicated, which may be exercised, where applicable, anywhere within the Property. 14.01 Complete Improvements. To complete all the Units and improvements indicated on the CIC Plat, or otherwise included in the Declarant's development plans or allowed by the Declaration, and to make Alterations in the Units and Common Elements to accommodate the exercise of any special declarant rights. 14.02 Sales Facilities. To construct, operate and maintain a sales office, management office, model Units and other development, sales and rental facilities within 33 the Common Elements, and within any Residential Units owned by Declarant from time to time, located anywhere on the Property. 14.03 Signs and Marketing. To erect and maintain signs and other sales displays offering the Units for sale or lease, in or on any Unit owned by the Declarant and on the Common Elements, and to conduct general sales activities. 14.04 Construction; Easements. To perform warranty work, and repairs and construction work, and to store materials in secure areas, in the Units and Common Elements, and to control all such work and repairs, and the right of access thereto, until its completion, which work may be performed without the consent or approval of the Board; and to an easement through the Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's obligations or exercising special declarant rights, including the right to convey utility and drainage easements to public utilities and governmental subdivisions or agencies. 14.05 Utility Services. To construct underground utility lines, pipes, wires, ducts, conduits and other facilities across the Common Elements for the purpose of furnishing utility and other services to the Community, including the right to grant easements to municipalities or utility companies and to construct improvements within those easements for such purposes. 14.06 Control of Association. To control the operation and administration of the Association, including without limitation the power to appoint and remove the officers and members of the Board pursuant to Section 515B.3 -103 of the Act, until the earliest of (a) voluntary surrender of control by the Declarant, (b) an Association meeting which shall be held within 60 days after conveyance to Owners other than the Declarant of 75 percent of the total number of Residential Units authorized to be included in the Property, or (c) 3 years after the date of the first conveyance of a Unit to an Owner other than the Declarant. Notwithstanding the foregoing, the Owners other than the Declarant shall have the right to nominate and elect not less than 33 1/3 percent of the directors at a meeting of the Owners which shall be held within 60 days following the conveyance by the Declarant of 50 percent of the total number of Residential Units authorized to be included in the Property. 14.07 Limitation on Association Action. The Association may not take any action that would interfere with the special declarant rights reserved in this Section 14. 14.08 Consent to Certain Amendments_ Until such time as the Declarant no longer owns a Unit for initial sale, the Declarant's written consent shall be required for Kul any amendment to the Governing Documents or the Rules which directly or indirectly affects or may affect the Declarant's rights under the Governing Documents or the Act. 14.09 Declarant's Personal Property. The Declarant reserves the right to retain all personal property and equipment used in the sale, management, construction and maintenance of the community that has not been represented as property of the Association. The Declarant reserves the right to remove, within one year after the sale of the last Unit from the Property any and all goods and improvements used in the development, marketing and construction, whether or not they have become fixtures. 15. AMENDMENTS. 15.01 Approval Requirements. This Declaration may be amended only by the approval of: (a) Owners of Units to which are allocated at least 67 percent of the total votes in the Association, subject to the following qualifications: (i) The Declarant may execute amendments under Sections 5158.2- I I I or 515B.2 -I 12 of the Act; (ii) The Association end certain Owners, as applicable, may execute amendments tinder Sections 515B.2 -107, 515B.2 -109, 515B.2-112, 515B.2 -1 13, 515B.2-114, 515B.2 -119, 515B.2 -122, 515B.2 -123 or 51513.2 -124 of the Act; and (iii) The unanimous written consent of the Owners is required for any amendment which (aa) creates or increases special Declarant rights, (bb) increases the number of Units, (cc) changes the boundaries of any Unit, (dd) changes the allocated interests of a Unit, (ee) changes Common Elements to Limited Common Elements, or (ff) changes the authorized use of a Unit from residential to nonresidential, or conversely, unless the amendment is expressly permitted or required by the Act. (b) The percentage of Eligible Mortgagees (based upon one vote per Unit financed) required by Section 16.01 as to matters prescribed by said Section. (c) The Declarant as to certain amendments as provided in Section 14.08, 15.02 Procedures. Approval of the Owners may be obtained in writing or at a meeting of the Association duly held in accordance with the Bylaws. Consents of 35 . , ! 4 Eligible Mortgagees and the Declarant shall be in writing. Any amendment shall be subject to any greater requirements imposed by the Act. The amendment shall be effective when recorded as provided in the Act, An affidavit by the Secretary of the Association as to the outcome of the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereof for all purposes, including without limitation, the recording of the amendment. 16. RIGHTS OF ELIGIBLE MORTGAGEES. Notwithstanding anything to the contrary in the Governing Documents, and subject to any greater requirements of the Act or other laws, Eligible Mortgagees shall have the following rights and protections: 16.01 Consent to Certain Amendments. The written consent of Eligible Mortgagees representing at least 51 percent of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per first mortgage owned) shall be required for any amendment to the Governing Documents (other than an amendment made pursuant to special declarant rights reserved to the Declarant in Section 14) which causes any change in the (a) voting rights; (b) increases in Assessments that raise the previously assessed amount by more than 25 percent, assessment liens, or priority of assessment liens; (c) reduction in reserves for Maintenance of the Common Elements; (d) responsibility for Maintenance; (e) reallocation of interests in the Common Elements or Limited Common Elements, or rights to their use, (f) redefinition of any Unit boundaries; (g) convertibility of Units into Common Elements or vice versa; (h) expansion or contraction of the Property or the addition, annexation or withdrawal of real estate to or from the Property; (i) insurance or fidelity bonds; (j) imposition of'any further restrictions on the leasing of Units; (k) imposition of any restrictions of an Owner's right to sell or transfer his Unit; (1) .a decision by the Association to establish self management if professional management had been required previously by the Governing Documents or an Eligible Mortgagee; (m) restoration or repair of the Property (after damage or partial condemnation) in a manner other than that specified in the Governing Documents; (n) any action to terminate the legal status of the Community after substantial destruction or condemnation occurs; or (o) any provisions that expressly benefit Eligible Mortgagees, or insurers or guarantors of mortgages. 16.02 Consent to Certain Actions. The written consent of Eligible Mortgagees representing at least 67 percent of the Units that are subject to first mortgages held by Eligible Mortgagees (based upon one vote per first mortgage owned) shall be required to (a) abandon or terminate the Community; (b) change the allocations of voting rights, Common Expense obligations or interest in the Common Elements; (c) partition or subdivide a Unit except as permitted by statute; (d) abandon, partition, subdivide, encumber or sell the Common Elements; or (e) use hazard insurance proceeds for other 36 . 7 J I than the repair, replacement or reconstruction of the Property, except as otherwise provided by law. 16.03 Failure to Respond_ The failure of an Eligible Mortgagee to respond within 30 days to any written request of the Association for approval of an addition or amendment to the Governing Documents shall constitute an implied approval ofthe addition or amendment. 16.04 Consent to Subdivision. No Unit may be partitioned or subdivided without the prior written approval of the Owner and Eligible Mortgagee thereof, and the Association. 16.05 No Right of First Refusal. Except as otherwise provided in Section 2.04, the right of an Owner to sell, transfer or otherwise convey his Unit shall not be subject to any right of first refusal or similar restrictions. 16.06 Priority of Lien. Any holder of a first mortgage on a Unit or any purchaser of a first mortgage at a foreclosure sale, that comes into possession of a Unit by foreclosure of the first mortgage or by deed or assignment in lieu of foreclosure, takes the Unit free of any claims for unpaid Assessments or any other charges or liens imposed against the Unit by the Association which have accrued against such Unit prior to the acquisition of possession of the Unit by said first mortgage holder or purchaser; (a) except as provided in Section 6.10 and the Act, and (b) except that any unreimbursed Assessments or charges may be reallocated among all Units in accordance with their interests in the Common Elements. 16.07 Priority of Taxes and Other Charges. All taxes, Assessments and charges which may become liens prior to the first mortgage under state law shall relate only to the individual Units and not to the Property as a whole. 16.08 Priority for Condemnation Awards. No provision of the Governing Documents shall give: an Owner, or any other party, priority over any rights of the Eligible Mortgagee of the Unit pursuant to its mortgage in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Unit and /or the Common Elements. 16.09 Requirements for Management Agreements. The term of any agreement for professional management of the Property may not exceed 2 years. Any such agreement must provide at a minimum for termination without penalty or termination fee by either 37 - , party, (a) with cause upon 30 days prior written notice, and (b) without cause upon 90 days prior written notice. 16.10 Access to Books and Records; Audit. Eligible Mortgagees shall have the right to examine the books and records of the Association upon reasonable notice during normal business hours, and to receive free of charge, upon written request, copies of the Association's annual reports and other financial statements. Financial statements, including those which are audited, shall be available within 120 days of the end of the Association's fiscal year. If the Community consists of fewer than 50 Residential Units, FNMA, or any institutional guarantor or insurer of a mortgage loan against a Unit, may require that, at its own expense, an audit of the Association's financial statements be made for the preceding year, in which case the Association shall cooperate in having an audit made and a copy given to the requesting party. If the Community consists of 50 or more Residential Units, the Association shall provide the requested audit at its expense. 16.11 Notice Requirements. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor of a first mortgage on a Unit, and the Unit number or address, the holder, insurer or guarantor shall be entitled to timely written notice of. (a) A condemnation loss or any casualty loss which affects a material portion of the Property or the Unit securing the mortgage; (b) A 60 -day delinquency in the payment of assessments or charges owed by the Owner of a Unit on which it holds a mortgage; (c) A lapse, cancellation or material modification of any insurance policy maintained by the Association; and (d) A proposed action which requires the consent of a specified percentage of Eligible Mortgagees. 17. MISCELLANEOUS. 17.01 Conversion Ordinance. The Property is not subject to an ordinance referred to in Section 515B.1 -1.06 of the Act governing conversions to common interest ownership. 17.02 Shoreland. The Community does not include any shoreland, as defined in Minnesota Statutes, Section 103F.205. 38 I J 17.03 Severability. If any term, covenant, or provision of this instrument or any exhibit attached hereto is held to be invalid or unenforceable for any reason whatsoever, such determination shall not be deemed to alter, affect or impair in any manner whatsoever any other portion of this instrument or exhibits. 17.04 Construction. ;'there applicable the ;masculine gender of any word used herein shall mean the feminine or neutral gender, or vice versa, and the singular of any word used herein shall mean the plural, or vice versa. References to the Act, or any section thereof, shall be deemed to include any statutes amending or replacing the Act, and the comparable sections thereof. 17.05 Tender of Claims. In the event that any incident occurs which could reasonably give rise to a demand by the Association against the Declarant for indemnification pursuant to the Act, the Association shall promptly tender the defense of the action to its insurance carrier, and give the Declarant written notice of such tender, the specific nature of the action and an opportunity to defend against the action. 17.06 Notices. Unless specifically provided otherwise in the Governing Documents or the Act, all notices required to be given by or to the Association, the Board, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or mailing if properly addressed with postage prepaid and deposited in the United States mail; except that registrations pursuant to Section 2.02 of the Bylaws shall be effective upon receipt by the Association. 17.07 Conflicts Among Documents_ In the event of any conflict among the provisions of the Act, the Declaration, the Bylaws or any Rules approved by the Association, the Act shall control. As among the Declaration, the Bylaws and the Rules, the Declaration shall control; and as between the Bylaws and the Rules, the Bylaws shall control. 17.08 Duration of Covenants. The covenants, conditions, restrictions, easements, liens and charges contained in this Declaration shall be perpetual, subject only to termination as provided in this Declaration and the Act. NOONAN PROPERTIES, LLC III BY E -vVL (( Z,- ITS CHIEF MANAGER 39 1 J STATE OF MINNESOTA) ,jj )ss. COUNTY OFLL%ntf, �Q ) The foregoing, instrument was acknowledged before me this day of November, ?(1(17 1, Edward TCnnan the Lid' i r ring A aT » » r r y .., . tee Manager o� NvvsdtilY PROPERTIES, LLC I11, a Minnesota limited liability company, on its behalf. This instrument was drafted by: HUEMOELLER, BATES & GONTAREK PLC 16670 Franklin Trail Prior Lake, MN 55372 Notafy Public .M KENDRA LEE PEMS Notary Public �IMinnesota . My Commission E)ires Jars. 31.2W3 r 1 t Common Interest Community No. 1 778 (Condominium) BROWNSTONES ON FRANCE E ia±iiRi i A TO i�E% -A- it t1 T lxj TABLE OF INTERESTS (Section 4.02) Unit Number Percentage Share of Percentage Share of Common Expenses Votes in Affairs of Common Elements Association 520002 5.5938 5.5938 1 520004 4.8288 4.8288 1 520006 4.7635 4.7635 1 520008 4.7887 4.7887 l 520010 4.7887 4.7887 1 520012 4.7793 4.7793 1 520014 4.9547 4.9547 1 520016 4.9547 4.9547 1 520018 4.7793 4.7793 1 520020 4.7887 4.7887 1 520022 4.7887 4.7887 l 520024 4.7793 4.7793 1 520026 4.9547 4.9547 1 520028 4.9547 4.9547 1 520030 • 4.7793 4.7793 1 520032 4.7887 4.7887 1 520034 4.7887 4.7887 1 520036 4.7635 4.7635 1 520038 4.8288 4.8288 520040 5.5938 5.5938 1 107.94 8 (114 ) 107.94 0 ml I 00 PART OF LOT-46 I ---------------- I 1 (58) (63:). 60 60 I° N --- - - -- --- S, N 0 m. 0 3.5 3) c. 6 59) 14.7 ' 7 m UMUll I� ' 2991 DOG .N0:.802029 m 39 I (52) 25 (53) �a 38 (51) 37 - (50)- 36 (49) 35 AS,) 34 (47) 33 (101) o., 32 (t00) (61) 7 `r 214 Q 267 9 31 (64) o 214 261.8" (44) 10 n 1'? 30. (63) ° tI11 /r.11t11 t��1 Q LS 258.5 216 11 29 (62) ° 41) ( 222 257 ' 12 0 0 28 (65) X O (40) 230 Q 257.5 LL- 3 :j -< ° . 27 (39) ( 241 259.5 14 (67) 252 26 (38) 1 W U I O D I f C i 1 i y �w w. r;.j WEST 282.18 w .. NORTH LINE f LOT 33 ( � N N I — '_15CI II 9 (12) 1 ITO �I - -T1 - - -� - -- -- 1 150 - NORTH UN y �- LOT 29 J NORTHEA5T ORN LOT 29 _,------ -SOUTH LINEI LOT 29 I ' SOUMEaST CORNER _LOT 29 — NOR TTHEAST CORNER - I LOT 28 I NORTH LINE LOT 28 • -- _ -------I---------------------- I - i _ ----- - -� - -- -- ---------------- _ -- ------- <--------- - - - - -- z, CD 1[n J ED Q' a Lcl z z li L� 0 0 r % ' U U 1 33