2014-05-23 First Amendment to Amended & Restated Declaration't
Doc. No. A1263725
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certfied Filed and/or Recorded on
5123/2014 at 3:15 PM
Check #: 405708 Fee: $46.00
Payment Code 02
Addl. Fee
Barb Gabrelcik, Courtly Recorder
FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION
FOR
HUNTERS PASS ESTATES
THIS FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION (the
"First Amendment"), is made on this % day of , 2014, by Hunters Pass
Estates Homeowners' Association, Inc., a Minnesota non-profi orporation (the "Association"),
based upon approval by the Owners who have the authority to cast at least sixty-seven percent
(67%) of the total votes of the Association.
WHEREAS, K. Hovnanian T&C Homes at Minnesota, L.L.C., a Minnesota limited
liability company (the "Declarant") caused to be executed and recorded a certain Declaration
of Covenants on March 29, 2006 as Document No. 1003780 (the "Original Declaration") in
the office of the Wright County Recorder against certain property legally described in the
Original Declaration which has been amended or supplemented to include all of the real property
described on Exhibit A, attached hereto; and
WHEREAS, the Original Declaration was supplemented by that First Supplemental
Declaration recorded in the office of the Wright County Recorder on June 20, 2007 as Document
No. 1057149; and
WHEREAS, Declarant and Hunters Development, LLC, a Minnesota limited liability
company, desired to amend and restate the Original Declaration and caused to be executed
and recorded a certain Amended and Restated Declaration, in the office of the Wright
County Recorder on June 20, 2007 as Document No. 1057150 (the "Amended and Restated
Declaration"); and
WHEREAS, the Amended and Restated Declaration references certain real property
within Exhibit C thereto as "Additional Real Estate" which the Declarant had the right to add to
the Amended and Restated Declaration at a later date; and
WHEREAS, the Owner is the owner of certain real property legally described on Exhibit
B attached hereto (the "Added Property"), which Added Property is included within the real
property identified as "Outlot C" within Exhibit C of the Amended and Restated Declaration; and
CIQ
WHEREAS, the Association and the Owner of the Added Property seek to amend the
Amended and Restated Declaration to include the Added Property within the Property (as
defined within the Amended and Restated Declaration), and to include the Added Property
within the Lots (as defined within the Amended and Restated Declaration); and
WHEREAS, the Owner of the Added Property has consented to the addition of the Added
Property to the Property as shown by Exhibit E, attached hereto; and
WHEREAS, the Association has approved the addition of the Added Property to the
Property as shown by the Affidavit of Secretary, attached hereto as Exhibit D.
NOW THEREFORE, the terms and conditions of the Amended and Restated Declaration
are hereby amended as follows:
Added Property to be Included as "Property'_ . The definition of "Property" as specified
within the Declaration, is hereby amended and restated to include the Added Property as
described within Exhibit S attached hereto.
2. Exhibit C of the Amended and Restated Declaration. Exhibit C of the Amended and Restated
Declaration, regarding the legal description of the Additional Real Estate, is amended and
replaced by Exhibit C, attached hereto.
3. Allocation of Expenses. Interests and Votes. Each Lot shall have one (1) vote in the
Association, Each Lot's share of the Common Elements and the Common Expenses of the
Association shall be a fraction, the numerator of each is one (1) and the denominator of
which is the total number of Lots subject to the Declaration. Together with this Amendment,
the total number of Lots is seventy-five (75).
4. Survival of Other Terms and Conditions. Except as modified herein, all other terms and
conditions of the Amended and Restated Declaration, as amended, shall remain in full force
and effect.
Terms. Except as modified herein, all capitalized terms used herein shall have the same
meaning ascribed to them in the Amended and Restated Declaration.
6. Entire Agreement_ Except as amended herein, the Amended and Restated Declaration and
all terms and conditions therein is hereby ratified, confirmed, reinstated and otherwise in full
force and effect.
IN WITNESS WHEREOF, this First Amendment is executed the date and year first above
written.
Hunters Pass Estates Homeowners' Association, Inc., a
Minnesota nonprofit corporation 46--�
Wigal By6f !° "Y Its: President
C
STATE OF MINNESOTA )
) ss.
COUNTY OF ` j tU4t-iT )
The foregoing was acknowledged before me this
Homeowners Association, Inc., a nonprofit corpor.
Minnesota, on behalf of the corporation.. /
THIS INSTRUMENT WAS DRAFTED BY:
LOMMEN ABDO, P.A.
2000 IDS Center
80 South St' Street
Minneapolis, Minnesota 55402
(612) 336-9317 (ICO)
5A-day of 44*7 , 2014, by
the President of Hunters Pass
on —under the laws of the State of
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EXHIBIT A TO
FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION FOR
HUNTERS PASS ESTATES
DESCRIPTION OF PROPERTY
Lots 9 through 19, inclusive, Block 2, Lots 1 through 9, inclusive, Block 3, Lots 1 through 10,
inclusive, Block 4; all in Hunters Pass Estates, according to the recorded plat thereof, Wright
County, Minnesota
AND
Lots 1 through 4, inclusive, Block 1; Lots 1 through 8, inclusive, Block 2; Lot 1, Block 5; and Lots
1 through 20, inclusive, Block 6; all in Hunters Pass Estates, according to the recorded plat thereof,
Wright County, Minnesota
EXHIBIT B TO
FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION FOR
HUNTERS PASS ESTATES
DESCRIPTION OF ADDED PROPERTY
Lots 1 through 6, inclusive Block 1; Lots 1 through 2, inclusive, Block 2; and Lots 1 through 4,.
inclusive, Block 3, all in Hunters Pass Estates 2nd Addition, according to the recorded plat thereof,
Wright County, Minnesota.
EXHIBIT C TO
FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION FOR
HUNTERS PASS ESTATES
ADDITIONAL REAL ESTATE
Outlot D and Outlot E; all in Hunters Pass Estates, according the recorded plat thereof, Wright
County, Minnesota.
EXHIBIT D TO
FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION FOR
HUNTERS PASS ESTATES
AFFIDAVIT OF SECRETARY
STATE OF MINNESOTA )
) ss.
COUNTY OF %ou Ck (AM 1 )
gAg first duly sworn on oath, say that:
1. Affiant is the secretary of Hunters Pass Estates Homeowners' Association,
Inc. (the "Association"), a Minnesota nonprofit corporation formed under Minnesota Statutes
Chapter 317A.
2. On 2014, a meeting of the Board of Directors of the
Association was held in which 1 members of the Board voted to add the Added Property to the
Property. Such meeting was properly noticed and the proposed amendment to the Declaration
was placed on the agenda pursuant to the Bylaws of the Association.
N { 3. On 2, 2014, a meeting of the Members of the
Association was held in which m e than sixty-seven percent of the Lot Owners/Members of the
Association voted to add the Added Property to the Property. Such meeting was properly noticed
and the proposed amendment to the Declaration was placed on the agenda pursuant to the
Bylaws of the Association.
4. Pursuant to the Declaration, the required percentage of votes has been
obtained and the Association may properly record the First Amendment to the Amended and
Restated Declaration.
Hunters Pass Estates Homeowners' Association, Inc.,
Minnesota nonprofit corporation / _
The foregoing was acknowledged before me this
.54 cekar.I C Y-1,kbn CIO, —
Estates Homeowners' Association, Inc., a nc
Minnesota, on behalf of the corporation.
�� REY C'
OBR�EN
si Its: Secretarrsfey
1 day of /' ' Ia, 2014, by
, the Secret of Hunters Pass
tate of
EXHIBIT E TO FOURTH AMENDMENT TO DECLARATION
CONSENT AND JOINDER OF OWNER
OF ADDED PROPERTY
The undersigned, the owner of the following real property:
Lots 1 through 6, inclusive Block 1; Lots 1 through 2, inclusive, Block 2; and
Lots 1 through 3, inclusive, Block 3, all in Hunters Pass Estates 2nd Addition,
according to the recorded plat thereof, Wright County, Minnesota.
hereby consents to and joins that: Declaration of Covenants, Conditions, Restrictions and
Easements, recorded as Document No. 791008; Amended and Restated Declaration of
Covenants, Conditions, Restrictions and Easements, recorded as Document No. 1057150; and
this First Amendment to the Amended and Restated Declaration; provided that by executing
this Consent and Joinder, the undersigned does not constitute itself or obligate itself as a
Developer as defined in the Amended and Restated Declaration.
In witness whereof, the undersigned have caused this Consent and Joinder to be
executed on the Z-1-�dayk7 (YK , 2014.
TOLLBERG HOMES, LLC
n
By: Wade Tollef son FnALTLe
Its: Chief Manager _ title
The foregoing instrument was acknowledged before me this �'day of
1 2014, by Wade Tollef son the Chief Manager. --of
Tollbei-6 Homes, LLC, a Minnesota limited liability company, on behalf of the company.
X ,JANET R.;THOMASNotary 4b iinnesotaMy commission ExJan 31. 2015
Notary Public
CONSENT OF MORTGAGEE
TO FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION
FOR
HUNTERS PASS ESTATES
The undersigned, Great Southern Bank, a
M • the mortgagee ("Mortgagee") under
that certain Mortgage dated r,,,-" - 22 - j SL , 2014, recorded on May 23 , 2014,
as Document No. 1263720 in the office of the County Recorder of Wright County,
Minnesota (the "Mortgage") hereby consents to the foregoing First Amendment to Amended and
Restated Declaration and agrees to be bound by the terms thereof and agrees that its interest in
the Added Property shall be subordinate to the covenants and easements described therein.
�aL
Dated this _�_k day of 12014.
Great Southern Bank
By: Carl Brandt
Its: Vice President
STATE OF MINNESOTA )
)ss.
COUNTY OF Anoka )
The foregoing instrument was acknowledged before me this 2 day of
(� , 2014, by Carl Brandt , the of Great
Southdn Bank, a Missouri on behalf of the
Corporation
nti
JANET R. THOMAS
_ Notary Publio-Minnesota
E*fGs dan 3i, 2015
{ {„ Notary Public
mill
THIS INSTRUMENT WAS DRAFTED BY:
LOMMEN ABDO, P.A.
2000 IDS Center TO:
80 South 81h Street RETURN i .
Minneapolis, Minnesota 554fil(313TERED ABSTRACTERS, INC.
(612) 336-9317 (JCO) 2115 3rd Avenue North
Anoka Minnesota 56303
o3y