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2004-09-17 Declaration Recorded ~~., ~ 01 .1~EnttNt#rJ this. ~y .. ..~ . _YHf~ ~~ TAXES PAYABLE U:63 .... ~ AND ~.~ OOalEO THIS ,,"^ I~ Bv4~:;:~ ~ Doc. No. A 930496 .. OFFICE OF THE COUNTY RECORDER WRIGHT COUNTY, MINNESOTA Certified Filed and/or Recorded on 10-08-2004 at 11 :55 Check #: 43273 Fee: $ 40.50 Payment Code 02 Add!. Fee Larry A. Unger, County Recorder COMMON INTEREST COMMUNITY NUMBER 79 Return to: Rottland Homes 3065 Centre Pointe Drive Roseville, MN 55113 A Planned Community TOWNE L KES TOWNHOMES D CLARATION THIS DECLARATION, made on t is 17th day of September, 2004, by The Rottlund Company, Inc., a Minnesota corporation, hereinafter referred to as "Declarant", pursuant to the provisions of the Minnesota Common Interest Ownership Act, Minnesota Statutes Sections 5l5B.l-lOl to 5l5B.4-ll8, (hereinafter referred to as the "Act"), as amended. WHEREAS, Declarant is the owner of certain property in the City of Albertville, County of Wright, State of Minnesota, which is more particularly described as: See EXhibit A attached hereto, (the "Real Estate"), which Declarant intends to develop for residential uses; WHEREAS, the Real Estate and the Association are subject to the Master Governing Documents of Towne Lakes and to the jurisdiction of Towne Lakes Community Association, Inc., a master association as defined in Section 5l5B.2-l2l of the Act; and WHEREAS, Declarant desires that all of the Real Estate and any Additional Real Estate Parcels added hereto shall be subject to certain uniform covenants, conditions and restrictions. NOW, THEREFORE, Declarant hereby declares that all of the Real Estate described above and any Additional Real Estate Parcels added hereto, shall be held, sold, and conveyed subject to the Act and the following easements, restrictions, covenants and conditions hereinafter set forth in this Declaration and the Master Declaration, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described Real Estate or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. This common interest community is a Planned Community and is a subject to a master association. . ' ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Towne Lakes Townhomes Homeowners Association, a corporation formed under Chapter 317 A, Minnesota Statutes, its successors and aSSIgns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Real Estate, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Where any such Lot is being sold by the fee owner to a contract vendee who is entitled to possession of the Lot, the contract vendee shall be considered to be the owner of the Lot if: a. the rights of the contract vendor hereunder are delegated to the vendee under such contract for deed; and b. the vendee shall furnish proof of such delegation to the Association. Section 3. "Real Estate" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Lot" shall mean and refer to any separately identified plot of land shown upon any recorded subdivision map or plat of the Real Estate which is intended to be sold to the ultimate buyer as a separate property. The boundaries of each Lot and the unit identifier of each Lot shall be as shown on the Plat. Section 5. "Living Unit" shall mean and refer to the structure or building component located upon each residential Lot. Section 6. "Declarant" shall mean and refer to The Rottlund Company, Inc., a Minnesota corporation, its successors and assigns. Section 7. "Common Elements" shall mean and refer to the following described real property in Wright County, Minnesota: Lot 32, Block 2, TOWNE LAKES 4TH ADDITION, Wright County, Minnesota. Section 8. "Eligible Mortgagee" shall mean any person owning a mortgage on any Lot, which mortgage is first in priority to any other mortgages that encumber such Lot, 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. Section 9. "Act" shall mean the Minnesota Common Interest Ownership Act, Minn. Stat. Sec. 5l5B.l-lOl, et seq. Section 10. "Plat" shall mean the plat of TOWNE LAKES 4TH ADDITION recorded in the office of the County Recorder, Wright County, Minnesota. 2 Section 11. "Governing Documents" shall mean and refer to this Declaration, the Articles of Incorporation, and the Bylaws of the Association, as amended from time to time. Section 12. "Master Declaration" shall mean and refer to Towne Lakes Amended and Restated Master Declaration of Covenants, Conditions, Restrictions and Easements recorded in the Office of the County Recorder of Wright County, Minnesota, as Document No. A887386, as amended from time to time. Section 13. "Master Association" shall mean and refer to Towne Lakes Community Association, a Minnesota non-profit corporation and its successors and assigns. The Master Association is a "master association" as defined in the Act. Section 14. "Master Architectural Review Committee" shall mean and refer to the committee of the Master Association which makes determinations concerning architectural standards for the property subject to the Master Declaration. Section 15. "Master Assessments" shall mean, collectively, assessments levied by the Master Association pursuant to Section 6 of the Master Declaration. Section 16. "Master Governing Documents" shall mean and refer to the Master Declaration, Articles of Incorporation and Bylaws of the Master Association, as amended from time to time, all of which shall govern the use and operation of the property subject to the Master Declaration. Section 17. "Master Board" shall mean and refer to the board of directors of the Master Association, which is the governing body of the Master Association. Section 18. "Master Common Elements" shall mean and refer to all portions of property, or interests, currently or hereafter owned by the Master Association. Section 19. "Master Rules" shall mean and refer to the rules that may be approved from time to time by the Master Board, which relate to the Master Association's affairs and the use or operation of the property subject to the Master Declaration. Section 20. "Master Developer" shall mean and refer to Contractor Property Developers Company, and its successors and assigns, and to any Person who, pursuant to the terms of this Master Declaration or the Act, succeeds to any of the Master Developer Rights. Section 21. Definitions Incorporated. Except as otherwise specified in this Declaration, the terms used in this Declaration which are defined in the Act and in the Master Declaration, shall have the same meaning as they have in the Act and in the Master Declaration. Section 22. Statutory Requirements. In accordance with the requirements of Section 515B.2-105 of the Act, the Declarant hereby states the following: A. The number of the Common Interest Community created hereby is the number set forth on the first page of this Declaration. 3 B. The name of the Association is Towne Lakes Townhomes Homeowners Association. The Association has been incorporated pursuant to the provisions of Minnesota Statutes Chapter 317 A. C. The common interest community created hereby is a Planned Community. It is subject to a master association. D. The legal description of the Real Estate included within the common interest community created hereby is set forth on the attached Exhibit A. E. The description of the boundaries of each Lot created by this Declaration, including the unit identifier number for each Lot, is set forth on the Plat, which plat has been filed for record with the office of the Wright County Recorder and is hereby incorporated herein by reference. F. The allocated interests are assigned equally to each Lot, subject to the provisions of this Declaration. Each Lot shall have one vote in the affairs of the Association. Except as provided in Article III, Section 6 (relating to the Alternative Assessment Program) or as permitted in the Act, each Lot shall share the Common Expenses equally. G. The common interest community created hereby shall consist initially of six (6) Lots, all of which shall be restricted to residential use. H. No additional Lots may be created by the subdivision or conversion of Lots. I. The use restrictions to which the Lots are subject are located in Articles VI and VII hereof. There is no restriction on the sale price of a unit. The amount to be received upon the condemnation, casualty loss or termination of the common interest community is set forth in Article XIV, Section 10; Article X, Section 5; and Article XIV, Section 11, respectively. J. Time shares are not permitted. K. Matters relating to Special Declarant Rights are contained in Article XII hereof. Matters relating to the use of the Common Elements are contained in Article VII hereof. Matters relating to the care and maintenance of the Common Elements are contained in Article IV hereof. Matters relating to assessments for Common Expenses are contained in Article III hereof. Matters relating to Limited Common Elements are contained in Article XIV, Section 9. Matters relating to the Master Association are contained in Article XV hereof. L. There are no appurtenant easements relating to the common interest community. 4 ARTICLE II MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot. When more than one person is an Owner of a Lot, all such persons shall be members of the Association, but multiple ownership of a Lot shall not increase the voting rights allocated to such Lot nor authorize the division of the voting rights. Section 2. Voting rights and Common Expense obligations are allocated equally among the Lots; except that special allocations of Common Expenses shall be permitted as provided in this Declaration and except for the alternative assessment program as provided in this Declaration. Section 3. The ownership of a Lot shall include the voting rights and Common Expense obligations described in Article II, Section 2. Said rights, obligations and interest, and the title to the Lots, shall not be separated or conveyed separately. The allocation of the rights, obligations and interests described in this Section may not be changed except in accordance with this Declaration, the Bylaws and the Act. Section 4. The Owner, or some natural person designated as proxy on behalf of the Owner, and who need not be an owner, may cast the vote allocated to such Lot at meetings of the Association; provided, that if there are multiple Owners of a Lot, 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 specifically described in the Bylaws. Section 5. Pursuant to the Master Governing Documents, the Association is a member of the Master Association, and shall be considered an "association" for purpose of Section 515B.2- 121 of the Act. Membership in the Master Association is governed by Section 3.4 of the Master Declaration. Section 6. The Association shall be represented on the Master Board as provided in the Master Governing Documents. ARTICLE III COVENANT FOR COMMON EXPENSE AND INSURANCE PREMIUM ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. Assessments shall be assessed and levied against the Lots subject to the requirements and procedures set forth in this Article III, the Bylaws, and the Master Governing Documents. Assessments shall include assessments under Section 6 of the Master Declaration ("Master Assessments"), and may include special assessments under Section 4 herein. Master Assessments shall be added to and included in the appropriate assessments levied by the Association. The Master Association may levy assessments against the Lots pursuant to Section 6.4 of the Master Declaration. The Declarant, for each Lot owned within the Real Estate, hereby covenants, and each Owner of any Lot by acceptance of a deed or contract for deed therefor, whether or not it shall be so expressed in such deed or contract, is deemed to covenant and agree to pay to the Association: 5 A. General annual assessments or charges; 1. A common expense or portion thereof benefiting fewer than all of the Lots may be assessed exclusively against the Lots benefited, on basis of (a) equality, (b) square footage of the area being maintained, repaired or replaced, or (c) the actual cost incurred with respect to each Lot. B. Assessments for master or common insurance premiums, if any, which may be assessed in proportion to value, risk or coverage. C. Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. D. Assessments levied under Section 515B.3-116 of the Act to pay a judgment against the Association, which assessments may be levied only against the Lots existing at the time the judgment was entered, in proportion to their Common Expense liabilities. E. Assessments for fees, charges, late charges, fines and interest. F. If any damage to the Common Elements or another Lot is caused by the act or omission of any Owner, the guests of an Owner or the occupant of any Lot, assessments for the costs of repairing the damage may be assessed exclusively against the Owner's Lot to the extent not covered by insurance. The assessments, together with interest, costs and reasonable attorneys' fees, shall be a charge on the Lot and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due and if more than one person was an Owner then such obligation shall be joint and several. The personal obligation for delinquent assessments shall not pass to the Owner's successors in title unless expressly assumed by them. Each annual assessment shall cover all of the anticipated common expenses of the Association, and the Association's share of Master Assessments for that year. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the purposes of the Association as set forth in Article IV. Section 3. Limitation on Assessments. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual general assessment to an Owner and the Owner's Lot shall be $170.00 per Lot. A. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual general assessment may be increased each year not more than fifteen percent (15%) above the maximum assessment for the previous year, except for any increase solely attributable to insurance premium costs, without a vote of the membership of the Association. 6 Notwithstanding anything herein to the contrary, any increase attributable to insurance premium costs may be added to the existing budget and assessed against the Lots in its entirety. The Master Assessments may be increased as provided in Section 6.2 of the Master Declaration. B. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual general assessment may be increased by fifteen percent (15%) or more by a vote of Owners representing sixty-seven percent (67%) of the Lots who are voting in person or by proxy, at a meeting duly called for this purpose, except no vote shall be necessary for any increase solely attributable to insurance premium costs. C. The Board of Directors of the Association may fix the annual general assessment at an amount not in excess of the maximum, and the Board of Directors of the Association may modify the annual assessment upward or downward from time to time, but in no event upward beyond the maximum permitted by this Section. Written notice of any modification of the annual general assessment shall be sent to every Owner subject hereto. Section 4. Special Assessment for Capital Improvements. In addition to the annual general assessments, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Elements, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of Owners representing sixty-seven percent (67%) of the Lots who are voting in person or by proxy at a meeting duly called for this purpose. Any Master Special Assessments, as defined in the Master Governing Documents shall be levied against the Lots promptly following the levy by the Master Association. Master Special Assessments may be levied as provided in Section 6.3 of the Master Declaration. Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Sections 3 and 4 shall be sent to all Owners not less than twenty-one (21) days nor more than thirty (30) days in advance of an annual meeting or not less than seven (7) days nor more than thirty (30) days in advance of a special meeting. At the first such meeting called, the presence of members or of proxies entitled to cast more than fifty percent (50%) of all the votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be 1/2 of the required quorum of the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. Section 6. Uniform Rate of Assessment: Alternative Assessment Program. Both general annual and special assessments on all Lots must be fixed at a uniform rate, except vacant Lots which shall be assessed at twenty-five percent (25%) of the established assessment rate, excluding assessments for replacement reserves, except: A. No assessments shall be made against any Lot which is a parcel of property which is not intended for separate ownership or occupancy. 7 B. Any Lot owned by Declarant, which is not exempt from assessment by Article III, Section 6A, shall be assessed at twenty-five percent (25%) of the established assessment rate, excluding assessments for replacement reserves, until such time as a certificate of occupancy is issued by the City of Albertville, Minnesota. C. This alternative assessment program shall have no effect on the level of services for items set forth in the Association's budget. D. At all times, Declarant shall pay 100% of any assessment for replacement reserves. Annual and/or special assessments may be collected on a monthly basis at the discretion of the Association. Section 7. Date of Commencement of Assessments; Due Dates. The general annual assessment provided for herein shall commence as to all Lots on the first day of the month following the conveyance by the Declarant of a Lot unless the Board of Directors has deferred levying the assessments until a later date. Notwithstanding the foregoing to the contrary, any Lot owned by Declarant shall be assessed pursuant to the alternative assessment program set forth in Article III, Section 6. The first general annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors of the Association shall fix the amount of such assessments against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of such assessments shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors of the Association. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an authorized representative of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments; Remedies of the Association. Fees, costs, charges, late charges, fines and interest may be assessed as provided in Sections 515B.3- 115 and 515B.3-116 of the Act. The Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property. Such lien may be foreclosed in the same manner as a mortgage pursuant to Minnesota Statutes, Chapters 580, 581 or 582, as amended, and the Association shall be entitled to recover interest and its costs, expenses and disbursements, including reasonable attorneys' fees, incurred in such foreclosure. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Elements or abandonment of the Owner's Lot. If the Association has provided for monthly installment payments of assessments, the Association may accelerate and the Owner shall pay the unpaid balance of an annual installment if the Owner has failed to pay any monthly installment within thirty (30) days after the due date of a monthly installment. To the extent permissible, the Association may deny services to any Lot Owner who is more than thirty (30) days delinquent in the payment of any assessment or installment of an assessment. 8 Section 9. Subordination of the Lien to Mortgage. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage, except as provided in Section 515B.3-116 of the Act. Sale or transfer of any Lot shall not affect the assessment lien. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Priority of Lien. Any holder of a first mortgage on a Lot or any purchaser of a first mortgage at a foreclosure sale, that comes into possession of a Lot by foreclosure of the first mortgage or by deed or assignment in lieu of foreclosure, takes the Lot free of any claims for unpaid assessments or other charges or liens imposed against the Lot by the Association which have accrued against such Lot prior to acquisition of possession of the Lot by said first mortgage holder or purchaser: A. except as provided in Article III, Section 9 and Section 515B.3-116 of the Act; and B. except that any unpaid assessments or charges with respect to the Lot may be reallocated among all Lots in accordance with their interests in Common Elements. Section 11. Adequate Reserve. An assessment for Common Expenses shall include an adequate reserve fund for the maintenance, repair and replacement of those Common Elements that must be maintained, repaired or replaced on a periodic basis, and shall, when practicable, be payable in regular installments rather than by special assessments. Said reserve funds shall only be disbursed for the duties of the Association for repair, replacement and maintenance of the Common Elements and shall not be disbursed for any purpose not related to the repair, replacement, and maintenance duties such as litigation or attorneys' fees. ARTICLE IV DUTIES OF ASSOCIATION Section 1. General Duties. In addition to maintenance upon the driveways and the maintenance of water and sewer services from any public mains, the Association shall provide for maintenance upon the Lots, Common Elements, public boulevards and public walks, if any, as follows: exterior maintenance upon each Lot which is subject to assessment hereunder, snow removal (including removal of snow from roofs), paint, repair, replace and care for roofs, gutters, downspouts, exterior building surfaces, landscaping, trees, shrubs, grass, walks, irrigation systems, light fixtures or light standards along private roads and other exterior improvements. Exterior maintenance shall not include glass, all screens, windows, front Living Unit entrance doors, patio doors, or electricity for exterior garage lights. Except as otherwise expressly provided in this Declaration, the Articles, the Bylaws or the Master Governing Documents, or as agreed in writing between the Association and the Master Association, all maintenance, repair, replacement, management and operation of the Common Elements, including Limited Common Elements, shall be the responsibility of the Association. Section 2. Other Duties. 9 A. The Association shall enforce the covenants, conditions and restrictions set forth herein and any amendments hereto and any rules and regulations adopted by the Association. B. The Association may provide for trash removal services in accordance with the provisions of Article IX hereof and shall provide a master or common policy of property insurance for all Lots within the Association. C. The Association shall undertake, at its discretion, such further duties as determined by the Board of Directors. Section 3. Miscellaneous. In the event that the need for maintenance or repair is caused through the willful or negligent act of the Owner, his family, or guests, invitee, or lessees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Lot is subject. ARTICLE V PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the townhomes upon the Real Estate and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, subject to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts of omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the Lot and shall pass to such Owner's successors in title. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. 10 ARTICLE VI ARCHITECTURAL CONTROL Section 1. Structures. No building, fence, wall, deck or other structure shall be commenced, erected or maintained upon the Real Estate, nor shall any exterior addition to, or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, by an architectural committee composed of three (3) or more representatives appointed by the Board, or by the Master Architectural Review Committee as required by Section 8 of the Master Declaration. Section 8.4 of the Master Declaration provides additional criteria and general standards that the Master Architectural Review Committee will consider in making a determination. Section 2. Approval. In the event said Board of Directors, its designated architectural committee, or the Master Architectural Review Committee fails to approve, conditionally approve or disapprove such design and location, or planting, within forty-five (45) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VII ADDITIONAL RESTRICTIONS: RULES AND REGULATIONS Section 1. Master Governing Documents. The covenants, restrictions and obligations set forth in this Article VII shall be in addition to, and not in limitation of, the covenants, restrictions and obligations set forth in the Master Governing Documents, including but not limited to the Use Restrictions set forth in Section 7 of the Master Declaration. In the event of any conflict among the covenants, restrictions and obligations set forth in this Article VII and those set forth in Section 7 of the Master Declaration, the more restrictive covenant, restriction and obligation shall control. Section 2. Additional Restrictions. A. No Lot shall be used except for residential purposes, except that Declarant, or its assignees, shall be entitled to maintain model Lots and other sales facilities upon the Lots. B. No sign of any kind shall be displayed to the public view on any Lot except one professional sign of not more than one (1) square foot and one sign of not more than five (5) square feet advertising the property for sale, except that Declarant shall be permitted to erect and maintain upon the Real Estate such signs as it deems appropriate to advertising the Real Estate until the Declarant conveys the last Lot. C. The Board of Directors, at its discretion, may adopt rules and regulations prohibiting or permitting the keeping of animals on the Lots. Animals may not be kept, bred or maintained for any commercial purposes. No animals shall be 11 kenneled outside the Living Unit or garage in the open yard. No fence enclosure or doghouse shall be constructed in a separate area to kennel dogs outside the Living Unit. D. No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, including pet or household waste. Garbage, rubbish and trash shall not be kept on said premises except in covered sanitary containers. All incinerators or other equipment used or kept for the storage or disposal of such material shall be kept in a clean and sanitary condition. E. No noxious or offensive activity shall be carried on upon any Lot nor shall anything be done thereon which may be or may become an annoyance or nuisance to the common interest community. F. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other building shall be used on any Lot at any time as a residence, either temporarily or permanently. G. No trailers, boats, buses, motor homes, campers, snowmobiles or other types of recreational vehicles shall be parked on any Lot for more than forty-eight (48) consecutive hours unless such vehicle is parked within a garage; provided that the Board of Directors of the Association may grant permits to park such vehicles on Lots for limited periods oftime not to exceed fourteen (14) days in any twelve- month (12) period. No such vehicles shall be parked on any Common Element. H. No antenna may be installed on a Lot except: (i) one antenna one meter or less in diameter for the purposes of receiving direct broadcast/satellite service or video programming services, or (ii) any antenna for receiving television broadcast signals, may be installed on a Lot, as permitted or restricted by statutes, rules, regulations and requirements of governmental authorities having jurisdiction. Antennas should be installed so as to minimize their visibility from the street side of the Lot and otherwise camouflage the antenna's appearance, unless such requirements would (i) unreasonably delay installation, or (ii) unreasonably increase the cost of installation, maintenance or use of the antenna, or (iii) preclude reception of an acceptable quality signal. The Master Board, a committee appointed by the Master Board or the Board of Directors of the Association, shall have the authority to impose other reasonable requirements consistent with the law. The Owner shall be responsible for the installation and maintenance of the antenna and related equipment, and for any damage to the Real Estate arising out of the installation, maintenance or use of the antenna. I. No abandoned motor vehicle as defined in Minnesota Statutes Section 168B.Oll, subdivision 2, as amended from time to time, shall be permitted to remain upon the streets or driveways or on any Lot or parking area. The Association shall have the right to remove any such vehicle at any time, and assess the costs of such removal against the Lot which is owned or occupied by the person in control or possession of such vehicle. 12 J. No fences shall be erected upon any Lot. K. Except as herein permitted for Declarant, no business, trade, occupation or profession of any kind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted on any Lot, except: (i) an Owner or occupant residing on a Lot may keep and maintain his or her business or professional records on such Lot and handle matters relating thereto by telephone or correspondence therefrom, provided that such uses are incidental to the residential use of the Lot; and (ii) such use shall not involve physical alteration to the Living Unit or garage visible from the exterior; (iii) such use shall be in compliance with all governmental laws, ordinances and regulations; (iv) such use shall not involve any observable business activities, such as signs, advertising, displays, frequent deliveries, or disturbing pedestrian or vehicular traffic to and from the Lot by customers, vendors, or employees; and (v) the Association may maintain offices on the Real Estate for management and related purposes. L. No Lot may be leased for transient or hotel purposes. Any lease of any Lot shall be in writing which shall be expressly subject to the Act, this Declaration, any Rules and Regulations adopted by the Association, the Master Governing Documents, and the Master Rules and which provide that any violation of the Act, this Declaration, any Rules and Regulations, the Master Governing Documents, and the Master Rules, shall be a default under the lease. No time shares shall be created with respect to any Lot. M. No parking shall be permitted on private streets located within the Real Estate in accordance with any "No Parking" signs posted by the Association as requested by the Fire Department of the City of Albertville. Section 3. Rules and Regulations. The Association may adopt, amend and revoke rules and regulations not inconsistent with the Articles of Incorporation, this Declaration, the Bylaws of the Association, the Master Governing Documents or the Master Rules, as follows: A. regulating the use of the Common Elements; B. regulating the use of Lots and the conduct of Living Unit occupants which may jeopardize the health, safety and welfare of other occupants, which involves noise or other disturbing activity, or which may damage the Common Elements or other Living Units; C. regulating or prohibiting animals; D. regulating changes in the appearance of the Common Elements and conduct which may damage the common interest community; E. regulating the exterior appearance of the common interest community, including, by way of illustration and not limitation, balconies and patios, window treatments, and signs and other displays, regardless of whether inside a Living Unit; 13 F. implementing the Articles of Incorporation, this Declaration or the Bylaws of the Association; and G. other rules facilitating the operation of the common interest community. Each Lot Owner, occupant, tenant or guest shall use the Lots and the Common Elements only in compliance with the provisions of the Act, the Master Governing Documents, the Master Rules, this Declaration, the Articles of Incorporation and the Bylaws of the Association, as lawfully amended from time to time, and with all decisions, resolutions, and rules promulgated by the Board of Directors. After notice and an opportunity to be heard, the Association may impose reasonable sanctions, including the levying of reasonable fines and reasonable restrictions on services and use of Common Elements, for violations of this Declaration, the Bylaws and the Rules and Regulations of the Association. The inclusion in other parts of this Declaration, the Bylaws, the Articles and the Master 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. ARTICLE VIII EASEMENTS Section 1. General. In addition to the easements, covenants, restrictions and conditions herein, all Lots shall be subject to easements and covenants hereinafter specifically described for the benefit of the Real Estate or for the limited benefit of specified adjoining Lots, all as more fully set forth hereinafter in this Article. Within such easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of any utilities or trails or which may change the flow or drainage channels within the easements or which may obstruct, retard or change the flow of water through drainage easements. The easement area of each Lot and all improvements therein shall be maintained continuously by the Owner of the Lot, except for improvements which are the responsibility of the Association, Master Association, a public authority or utility company. Section 2. Utility Easements. All Lots and Common Elements are hereby subject to easements in favor of applicable utility companies for the installation and maintenance of utilities, including gas, telephone, electric, cable TV, satellite services and other electronic communications, water, sewer and similar services, and metering and control devices, which exist or are constructed as part of the development of the Real Estate or which are referred to in the plat or otherwise described in this Declaration, or the Master Declaration or other recorded instruments. The Association, the Master Association, or their proper representatives, shall have the right of free access to any Lot or Living Unit for the purpose of maintaining any utility service to any Lot on the Real Estate. In addition, each Lot over which a utility is in fact installed or constructed as part of the original utility system shall be subject to an easement for utility purposes over the portion of the Lot upon which such utility service is constructed. Utilities and related service systems shall be installed, used, maintained and repaired so as to not to interfere with the reasonable use and quiet enjoyment of the Lots by the Owners and occupants, nor affect the structural or architectural integrity of the Lots or Living Units. Section 3. Easements for Encroachment. In the event that any buildings or other structures originally constructed by the Declarant or constructed or erected thereafter on any Lot in accordance with this document, encroaches upon any other Lot or the Common Elements, or, 14 if any such encroachment shall hereafter arise because of settling or shifting of the building or other cause, an exclusive easement appurtenant to said encroaching Lot for such encroachment and the maintenance thereof shall exist. Section 4. Easement for Maintenance. Declarant hereby grants an easement in favor of the Association over and across each Lot for the purposes of the Association performing its duties. In addition, each Lot, and the rights of the Owners and Occupants thereof, are subject to the rights of the Association and the Master Association to an exclusive, appurtenant easement on and over the yard areas of Lots for the purposes of access to and maintenance, repair, replacement and reconstruction of the Lots, utilities and other common improvements serving more than one Lot, to the extent necessary to fulfill the Association's or Master Association's obligations. Declarant, after Declarant has transferred control of the Association, shall have the right of entry to the extent reasonably necessary over and across, the roads, if any, Common Elements, the surface area of the Lots outside of the Living Unit, and to the interior of a Living Unit after reasonable notice has been provided to the Owner or occupant, to the extent reasonably necessary to discharge its duties or to complete performance of any obligations, provided for in this Declaration, as amended, created pursuant to contract or statute, or otherwise affecting the Real Estate. Entry into any Living Unit shall not be made without the consent of its Owner or occupant for any purpose, except pursuant to Court order or authority granted by law. No owner shall withhold consent arbitrarily if such request for access is made at a reasonable time and in a reasonable manner. Section 5. Emergency Vehicles. Declarant hereby grants a perpetual, non-exclusive easement in favor of the City of Albertville, a municipal corporation under the laws of the State of Minnesota, on, over and across the Common Elements for the purpose of ingress and egress for police, fire, rescue and other emergency calls, animal control, health and prospective inspection and to provide to the Owners other public services deemed necessary by the City of Albertville and for the purposes set forth herein. Section 6. Easements in Master Declaration. Master Developer, and its assigns, and the Master Association shall have the easements as described in the Master Governing Documents. Any recorded easements, restrictions, and similar rights burdening or benefiting a Lot or any other part of the Real Estate shall run with the land and shall be permanent, subject only to the termination in accordance with the Act or the term of the easement. Any recorded easement benefiting or burdening the Real Estate shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration or the Master Declaration. ARTICLE IX TRASH REMOVAL Section 1. Master Contract. The Association may contract with a single provider for the removal and disposal of garbage, trash and other solid waste from all Lots in accordance with this Declaration. Each Owner shall be obligated to purchase such services from the provider designated by the Association upon the terms, conditions and rates negotiated by the Association. Section 2. Charges. Any charges imposed by the provider designated by the Association shall be paid by the Association and shall be included in the general assessments to Owners. In 15 the event that any Owner requests any services not included within the basic/general charges of the provider, the Owner, upon written demand by the Association, shall reimburse the Association for any charges for such services, plus all related costs, including interest, attorneys' fees and administrative charges of the Association, and if not paid by Owner, such charges shall be a lien against the Lot. Any charge, lien or claim pursuant to this Article shall not be subject to any maximum increase in general assessments. ARTICLE X INSURANCE AND RECONSTRUCTION Section 1. Liability Insurance: Fidelity Bonds. The Board of Directors of the Association, or its duly authorized agent, shall obtain a broad form of public liability insurance insuring the Association, with such limits of liabilities as the Association shall determine to be necessary, against all acts, omissions to act and negligence of the Association, its employees and agents. Section 2. Property Insurance. Each Owner, by acceptance of a deed or contract for deed on a Lot, covenants to cooperate with the Association to maintain and timely pay the Owner's share of premiums on a master insurance policy, including fire, extended coverage, vandalism and malicious mischief, with all risk endorsements insurance, and such additional insurance as may be required by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, if applicable. The Association, through its Board of Directors, may obtain and continue in effect master property insurance in form and amounts satisfactory to cover a minimum of the entire replacement cost for all of the Living Units located on each Lot of the Real Estate, but not including carpeting, floor coverings, drapes, wallcoverings, furniture, furnishings, or personal property belonging to the Owners and not including improvements, fixtures and other property supplied or installed by Owners, but without prejudice to the right of the Owner of said Lot to obtain additional individual Living Unit insurance. Each Owner shall join in said master policy and pay a share of the premiums thereon in such manner as determined by the Association. Any such master policies and coverage shall be purchased and carried by the Association on the Real Estate, and the proceeds thereof shall be used exclusively for the repairs, replacement and reconstruction of the Real Estate. Said master policy shall be issued in the name of the Association as insurance trustee for the Owners, and shall provide that losses shall be payable to the trustee and first mortgagee of record, if any. Any such master insurance shall cover loss by damage and fire and such hazards as are covered under standard extended coverage provisions and may include such other and additional overages as the Association, through its Board of Directors, deems necessary or desirable. Nothing contained herein shall prohibit the Board of Directors from opting for different insurance coverage at a later date as long as the coverage meets the minimum insurance coverage required by the Act. All policies, whether obtained by an Owner or the Association, shall prohibit cancellation or substantial modification without at least thirty (30) days prior written notice to all insureds, the Association, all first mortgagees of record and the FHA or FNMA, if applicable. All said insurance policies shall contain a cost of replacement endorsement. Section 3. Insurance Premiums. If so determined by the Board of Directors, insurance premiums for any master insurance coverage and other insurance overages shall be a common expense paid by monthly assessments levied by the Association; such payments shall be held in a 16 separate escrow account of the Association and used solely for the payment of master property insurance premiums and other insurance premiums as such premiums become due. An Owner by acceptance of a deed or contract for deed thereof, conveys, covenants, constitutes and appoints the Association or its Board of Directors as the Owner's true and lawful Attorney-In- Fact to act in connection with all matters concerning the purchase and maintenance of all types of property and liability insurance pertaining to the Real Estate, the ownership of any respective Lot and Living Unit thereto with any insurance company or group of insurance companies. Without limitation on the generality of the foregoing, the Association, as insurance trustee, has full power and authority to purchase and maintain such insurance, to collect proceeds and to distribute the same. Section 4. Lien For Premiums. The Association may, but shall not be required to, make payment of insurance premiums on behalf of any Owner who becomes delinquent in such payment or the first mortgagees of any Lot may, but shall not be required to, make such payments. In the event that the Association or the first mortgagee does make such payment, then such payment and the cost hereof shall be treated as if it is part of the common expense assessment and shall be a charge and a continuing lien on the Lot for whose benefit such premium payment is made, and the personal obligation of the Owner of such Lot, from the time when such premium payment is made. Section 5. Use of Proceeds. In the event of destruction or damage by causes covered by insurance referred to in this Article X, all proceeds of said insurance coverage shall be payable to the Association as insurance trustee for the Owner or Owners of the damaged Lots. Said insurance proceeds shall be applied and administered as follows: A. In the event of an insured loss to a Lot, all insurance proceeds paid to the trustee and the first mortgagee of record of the damaged Lot shall be deposited with a title insurance company acceptable to them to be held in escrow for restoration. B. In the event of an insured loss to a Lot, the Owner of such Lot with respect to which the insurance loss occurs shall, within thirty (30) days after the insurance proceeds are deposited with a title insurance company in accordance with paragraph A. above, enter into a firm contract with a qualified builder providing for the reconstruction of the improvement, in substantially the same condition as existed immediately prior to the insured loss; provided, however, that no contract shall be entered into by such Owner for an amount in excess of the insurance proceeds then held by the title insurance company until additional funds are deposited in escrow as above provided by such Owner sufficient to cover all construction as determined by the title insurance company. Said reconstruction shall be commenced and completed with due diligence and in no event shall said work be completed later than one-hundred-eighty (180) days after said insurance proceeds are deposited in escrow as aforesaid. The Association and first mortgagee of record of the Lot affected shall have the right, but not the obligation, to deposit said additional funds in excess of the insurance proceeds as may be required to permit construction as herein provided; provided that if such additional funds are deposited by the Association, the Association shall reimburse itself by a special general assessment against all Lot owners in such annual installments as the Association may determine. 17 C. In the event such Owner fails to enter into a contract as provided in paragraph B. above for the reconstruction of the improvement as provided above or, in the event that reconstruction is not commenced or completed as provided above, then the Association as trustee, with the consent of the first mortgagee of record, or the first mortgagee of record with the consent of the trustee, shall have the right, but not the obligation to enter into those contracts which it deems necessary to complete said reconstruction of the improvement on the Lot; and the Association as trustee or first mortgagee shall have the right to have said insurance proceeds applied in satisfaction of any obligations incurred pursuant to said contract, without liability of any kind to the Owner. The Association or the first mortgagee may employ any bonded party or parties as its agent exercising those functions given to it in this Article. The Association or the first mortgagee shall be empowered to pay said agent a reasonable fee for the services rendered by said agent and collect said charge from the Owner, and in the manner as that which is provided in Article X, Section 3, for the collection of an insurance premium paid by the Association. D. Disbursement of funds on deposit pursuant to Article X, Section 5 B. and C. shall be made by the title insurance company selected as hereinabove provided, subject to the following: 1. Receipt by the title insurance company of a written consent of any party holding a lien or encumbrance on said Lot. H. Receipt by the title insurance company of such construction statements, lists of subcontractors, lien waivers and receipts as it shall determine to be appropriate. Disbursements may be periodic or progress payments, and the title insurance company may make such inspections and withhold such payments as it deems necessary to insure completion with the plans and specifications. The title insurance company shall be entitled to charge and the trustee shall be empowered to pay a reasonable fee for the services rendered by the title insurance company, and the Association as trustee may collect such charge from the Owner, and in the same manner as that which is provided for in Article X, Section 3 for the collection of insurance premiums paid by the Association. HI. In the event a contract is entered into pursuant to Article X, Section 5 B., the written consent of such Owner to said payment must be obtained. E. Nothing contained in this Article shall be construed to make the Association or the first mortgagee of record responsible for collection or non-collection of any insurance proceeds; said Association or first mortgagee being responsible solely for the insurance proceeds which come into their hands. Such Owner of a Lot damaged or destroyed by causes referred to above shall collect or cause to be collected from the insurance carrier involved the proceeds of the policy covering his Lot for the use of the trustee and the first mortgagee as herein provided. 18 F. In the event that a reconstruction contract is for any reason not entered into pursuant to the provisions of Article X, Section 5 B. and C. within one hundred- eighty (180) days after the deposit of insurance proceeds with the title insurance company as herein provided, said title insurance company shall disburse said proceeds to all mortgagees of record of the affected Lots as its interest appears to retire the indebtedness secured under said mortgage, and disburse the remaining deposits, if any, to such Lot Owner, as the interests may appear. Section 6. Waiver of Subrogation. All policies of physical damage insurance shall contain waivers of subrogation and waivers of any defense based on coinsurance or of the invalidity arising from acts of the insured and it shall provide that such policies may not be canceled or substantially modified without at least thirty (30) days prior written notice to all insureds, the Association, and all of the mortgagees of record of the Lots, and to the FHA or FNMA, if applicable. Section 7. Insufficient Proceeds. If the proceeds of the insurance are not sufficient to defray the estimated cost of reconstruction or repair of damaged properties and/or the Common Elements by the Association or if at any time during the reconstruction or repair or upon completion of such reconstruction or repairs, the funds for the payment of costs thereof are insufficient, assessments shall be made against the Owners who own the damaged properties or who have assigned their rights in sufficient amounts to provide funds to pay the estimated costs of repairs. The Association shall have a lien on any funds advanced on behalf of such Owners. Section 8. Other Insurance. The Association shall procure and maintain the following additional insurance coverage: A. Fidelity coverage against dishonest acts on the part of Directors, Managers, trustees, employees or volunteers responsible for handling funds collected and held for the benefit of the Owners. The fidelity bond or insurance shall name the Association as the named insured and shall be written in an amount sufficient to provide protection which is in no event less than the amount required by the Act or the estimated maximum amount of funds (including reserves), in the custody of the Association or management agent at any given time or as required by the FHA if applicable. An appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if said policy would not otherwise cover volunteers. B. A comprehensive policy of public liability insurance covering the Common Elements in an amount not less than one million dollars. Such insurance shall contain a "severability of insurance" endorsement which shall preclude the insurer from denying the claim of the Owner because of negligent acts of the Association or other owners. The policy shall include such additional coverages, endorsements or limits as may be required by regulations of the Federal Housing Administration, ("FHA"), or the Federal National Mortgage Association, ("FNMA "), as a precondition to their insuring, purchasing or financing a mortgage on a Lot. c. Workers Compensation insurance as required by law. 19 D. Directors and officers liability insurance with such reasonable limits and overages as the Board of Directors may determine from time to time. E. Such other insurance as the Board of Directors may determine from time to time to be in the best interests of the Association and the Owners or as may be required by the Act. Section 9. Deductibles. As to any deductibles under any insurance overages obtained by the Association, the Board of Directors may: A. pay the deductible as a general common expense; B. assess the deductible amount against any Lots affected in a reasonable manner; or C. assess the deductible against any Owner and the Owner's Lot if the loss was caused by the act or omission of the Owner, or the Owner's agents, employees, invitees, guests or anyone occupying the Lot with the expressed or implied permission of the Owner. ARTICLE XI RIGHTS OF ELIGffiLE MORTGAGEES Section 1. Consent to Certain Amendments. The written consent of Eligible Mortgagees representing at least fifty-one percent (51 % ) of the Lots 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 this Declaration, the Articles of Incorporation or the Bylaws of the Association which causes any change in the following: A. voting rights; B. increases in assessments that raise the previously assessed amount by more than twenty-five percent (25%), assessment liens or priority of assessment liens; C. reductions in reserves for maintenance, repair and replacement of Common Elements; D. responsibility for maintenance and repairs; E. reallocation of interests in the Common Elements or right to their use; F. redefinition of any Lot boundaries; G. convertability of Lots into Common Elements or vice versa; H. expansion of the Real Estate or the addition or withdrawal of property to or from the Real Estate; 20 I. hazard or fidelity insurance requirements; J. leasing of Lots; K. imposition of any restrictions on the leasing of Lots; L. restoration or repair of the Real Estate (after hazard damages or partial condemnation), in a manner other than that specified in this Declaration; M. any action to terminate the legal status of the common interest community after substantial destruction or condemnation occurs; or N. any provisions that expressly benefit mortgage holders, or insurers or guarantors of mortgages. Notwithstanding the foregoing, implied approval of a proposed amendment shall be assumed when an Eligible Mortgagee fails to submit a response to any written proposal for an amendment within thirty (30) days after it receives proper notice of the proposal, provided that the notice was delivered by certified mail with a return receipt. Notwithstanding anything herein to the contrary, the written consent of Eligible Mortgagees shall not be required for any amendment to this Declaration, the Articles of Incorporation or the Bylaws of the Association that is for the purpose of correcting technical errors or for clarification only or for the purpose of adding one or more of the Additional Real Estate Parcels pursuant to Article XIII. Section 2. Consent to Certain Actions. The written consent of Eligible Mortgagees representing at least sixty-seven percent (67%) of the Lots that are subject to first mortgages (based upon one vote per first mortgage owned) shall be required to abandon or terminate the common interest community, subject to any greater requirements contained in the Act. Section 3. Consent to Subdivision. No Lot may be partitioned or subdivided without the prior written approval of the Owner, Eligible Mortgagee thereof, and the Association. Section 4. No Right of First Refusal. The right of an Owner to sell, transfer or otherwise convey his Lot shall not be subject to any right of first refusal or similar restrictions. Section 5. Priority of Lien. Any holder of a first mortgage on a Lot or any purchaser of a first mortgage at a foreclosure sale, that comes into possession of a Lot by foreclosure of the first mortgage or by deed or assignment in lieu of foreclosure, takes the Lot free of any claims for unpaid assessments or other charges or liens imposed against the Lot by the Association which have accrued against such Lot prior to acquisition of possession of the Lot by said first mortgage holder or purchaser; A. except as provided in Article III, Section 9 and the Section 515B.3-116 of the Act; and B. except that any unpaid assessments or charges with respect to the Lot may be reallocated among all Lots in accordance with their interests in Common Elements. 21 Section 6. 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 Lots and not the Real Estate as a whole. Section 7. Priority for Condemnation Awards. No provisions of this Declaration or the Articles of Incorporation or Bylaws of the Association shall give an owner, or any other party, priority over any rights of the Eligible Mortgagee of the Lot 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 Lot and/or the Common Elements. The Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent domain proceeding affecting the Real Estate promptly upon receipt of notice from the condemning authority. Section 8. Management Agreements. The term of any agreement for professional management of the Real Estate may not exceed one (1) year. Any such agreement must provide at a minimum for termination without penalty or termination fee by either party: A. with cause upon thirty (30) days prior written notice; and B. without cause, upon ninety (90) days prior written notice. Section 9. Access to Books and Records. 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 one hundred twenty (120) days of the end of the Association's fiscal year. If a request is made by FNMA or any institutional guarantor or insurer of a mortgage loan against a Lot for an audit of the Association's financial statements, the Association shall cause an audit to be made and shall deliver a copy to the requesting party, subject to the Bylaws of the Association. Section 10. Notice Requirements. Upon written request to the Association, identifying the names and address of the holder, insurer or guarantor of a mortgage on a Lot, and the Lot 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 Lot securing the mortgage. B. A sixty (60) day delinquency in payment of assessments or charges owed by the Owner of a Lot on which it holds a mortgage. C. A lapse, cancellation or material modification of any insurance policy maintained by the Association. D. A proposed action which requires the consent of a specified percentage of Eligible Mortgagees. 22 ARTICLE XII SPECIAL DECLARANT RIGHTS Section 1. Period of Declarant Control. Notwithstanding anything in this Declaration or the Association Bylaws to the contrary, the Declarant shall have the right to control the management and affairs of the Association until the earlier of the following events: A. Sixty (60) days after the conveyance of seventy-five percent (75%) of the Lots to Lot Owners other than the Declarant; B. Five years from the date of the recording of this Declaration; or C. Surrender of the right of control by the Declarant. During this period of Declarant Control, the Declarant, subject to the Bylaws, shall have the sole right to appoint, remove and replace the officers and directors of the Association. Notwithstanding the foregoing, the Owners other than the Declarant shall have the right to nominate and elect not less than thirty-three and one-third percent (33 1/3%) of the directors at a meeting of the Owners which shall be held within sixty (60) days following the conveyance by Declarant of fifty percent (50%) of the Lots authorized to be included in the Common Interest Community. Section 2. Maintenance of Sales Offices. Notwithstanding anything herein to the contrary, so long as the Declarant owns an interest in a Lot, the Declarant may maintain advertising signs on any part of the Common Elements and sales offices, management offices and model Lots in any Lots or in or on any part of the Common Elements and such sales offices and model Lots may be relocated by Declarant from time to time. There shall be no limit on the number or location of such offices or model Lots. Section 3. Easements in Favor of Declarant. Notwithstanding any provisions contained herein to the contrary, so long as construction and initial sale of Lots shall continue, Declarant shall have an easement over and across the Common Elements for the purpose of carrying out its sales activities and for the purpose of completing the construction on any Lots, including without limitation the right of vehicular ingress and egress, vehicular parking, material storage, and the maintenance of business offices, signs, model Lots, and sales offices, and Declarant shall have an easement for access to such facilities; provided, however, that Declarant shall promptly restore any damage to the Common Elements by reason of any construction incident to the foregoing. This Section may not be amended without the express written consent of the Declarant. ARTICLE XIII FLEXIBLE ASSOCIATION Notwithstanding anything herein to the contrary, pursuant to Minn. Stat. Sec. 515B.2-1 06, Declarant shall have the option ("Option") without the consent or joinder of the Lot Owners, the Association, any holder of an interest as security for an obligation or any other person or entity, to add to Common Interest Community Number 79, a Planned Community, Towne Lakes Townhomes, anyone or more of the parcels ofland (hereinafter referred to as the "Additional Real 23 Estate Parcels ") described in Exhibit B attached hereto and located in the City of Albertville, County of Wright, State of Minnesota. Section 1. Terms and Conditions. Such Option shall be subject to the terms and conditions hereinafter set forth: A. Duration of Option. The Option will expire on that date which is ten (10) years after the date upon which this Declaration is recorded. There are no circumstances that will terminate the Option before the expiration of said ten-year period. However, the Declarant or anyone to whom Declarant has assigned said Option as hereinafter set forth, may terminate said Option as to anyone or more of the Additional Real Estate Parcels above described by executing a writing to such effect and recording the same in the same manner as a deed of the Additional Real Estate Parcel or Additional Real Estate Parcels so affected. B. Timing. Each of the Additional Real Estate Parcels above described may be added at different times. The various Additional Real Estate Parcels may be added in any order. C. Maximum Number of Lots. The maximum number of Lots that may be created within the Additional Real Estate Parcels is ninety (90). All of such Lots will be restricted exclusively to residential use. D. Buildings. Any buildings and Lots that may be erected upon any Additional Real Estate Parcel which is added to the Planned Community will be compatible with the buildings and structures originally constituting a part of the Planned Community in terms of architectural style, quality of construction, principal materials employed in construction, and size. E. Applicability of Restrictions. All restrictions in this Declaration and the Master Declaration affecting the use, occupancy, and alienation of Lots will apply to Lots created in any Additional Real Estate Parcel which is added to the Planned Community. F. Improvements in Common Elements. It is presently contemplated that the Common Elements in any Additional Real Estate Parcel added to the Planned Community will be substantially comparable to those originally constituting a part of the Planned Community. Declarant reserves the right to construct such other, additional improvements as a part of the Common Elements of one or more of the Additional Real Estate Parcels as Declarant may hereafter determine, but in no event shall Declarant have any obligation to construct any improvements to the Common Elements of any of the Additional Real Estate Parcels. G. No Assurances. Nothing herein contained shall bind the Declarant to add any of the Additional Real Estate Parcels to the Planned Community or to adhere to any particular plan of development or improvement for any portion of the Additional Real Estate Parcels not added to the Planned Community. None of the assurances 24 set forth in this Article XIII, Section 1 c., D., E. or F. above will apply to any Additional Real Estate Parcel which is not added to the Planned Community. H. Exercise of Option. Declarant may exercise its option to add one or more of the Additional Real Estate Parcels by securing the execution and recording of one or more amendments to this Declaration in the manner specified in Section 515B.2-111 of the Act. Such Amendment shall allocate one vote in the Association to each Lot formed in the Additional Real Estate Parcel or Parcels bei"ng added. An amendment to the Master Declaration subjecting the Additional Real Estate Parcels to the Master Declaration shall be recorded upon or before the recording of the amendment to this Declaration. All installments of real estate taxes previously coming due and payable with respect to any Additional Real Estate Parcel added to the Planned Community and all special assessments levied against such Additional Real Estate Parcel shall be paid by Declarant prior to adding such Parcel to the Planned Community, if required by the County. L Assignment of Option. The Option described in this Article XIII may be assigned by Declarant insofar as it affects any Additional Real Estate Parcel herein described to the owner of any such Parcel, if other than the Declarant. Any such assignment shall be in writing, shall be recorded among the real estate records in the same manner as a conveyance of the Additional Real Estate Parcel and shall be subject to all of the terms and conditions of this Article XIII. J. Reservation of Easements. Declarant hereby reserves the right, in the event that one or more of the Additional Real Estate Parcels are not added to the Planned Community (whether due to lapse oftime or termination pursuant to Article XIII, Section 1 A., above) to create the following perpetual, non-exclusive easements appurtenant to the Additional Real Estate Parcel or Parcels which may not be added to the Planned Community in, over, upon, and under portions of the Common Elements within the Planned Community and within such Additional Real Estate Parcel or Parcels as have or may be added to the Planned Community pursuant to this Article XIII: 1. Non-exclusive easements for the following purposes: a) to connect any improvements constructed on the Additional Real Estate Parcel or Parcels which are not added to the Planned Community (hereinafter referred to as the "Excluded Parcels", whether one or more) to any natural gas, storm sewer, water, sanitary sewer, electrical, telephone or other utility line, pipe, wire or other facilities, including the right to connect any improvements constructed on the Excluded Parcels into, and the right to utilize, such utility lines, pipes, wires or other facilities which are or may be located within and/or which may serve the Planned Community 25 and/or any such Additional Real Estate Parcel or Parcels as have or may be added to the Planned Community; b) to obtain natural gas, water, electricity, telephone and other utility services from, and to discharge storm and sanitary waste into, all such lines, pipes, wires or other facilities; c) to install, repair, maintain, operate and replace all such natural gas, storm sewer, water, sanitary sewer, electrical, telephone or other utility lines, pipes, wires, or other facilities; and d) to do such other acts or things as are necessary in order to connect into and/or to utilize such utility facilities to serve any improvement constructed or to be constructed on the Excluded Parcels, provided, however, that Declarant, its successors or assigns, as the owner or owners of the Excluded Parcels benefited by the easements hereby reserved, shall be responsible for the restoration of any damage done or sustained in connection with the use of such easements. n. Non-exclusive easements for the purposes of: a) affording the Excluded Parcels and any improvements constructed or to be constructed thereon with access to and from a public road; b) installing, repairing, maintaining, surfacing, resurfacing, grading, replacing and extending drives, lanes, streets, roads or any rights-of- way over which the easements hereby reserved are or may be located; and c) to do such other acts or things as are necessary in order to afford any improvement constructed or to be constructed on the Excluded Parcels with access to a public road, provided, however, that Declarant, its successors or assigns, as the owner or owners of the Excluded Parcels benefited by the easements hereby reserved, shall be responsible for the restoration of any land, drives, streets, roads or rights-of-way which are disturbed in connection with the use of such easements, and provided further, however, that the location of the easements hereby reserved shall, to the extent practicable, be limited to the location of the private drives, lanes, streets, roads, and rights-of-way existing within the Common Elements at the time or times that the easements hereby reserved are created. The easements herein reserved may be created in the event that, and from time to time as, one or more Excluded Parcels are created due to lapse of time or termination pursuant to Article XIII, Section 1 A. As evidence of the creation of one or more of the easements reserved in this Article XllI, Section 1 J., the then owner or owners of the Excluded Parcels for whose benefit the easement is created shall execute and cause to be filed for record a Declaration of Easements setting 26 forth a description of the easements thereby created and a description of the Excluded Parcels so benefited by the easements thereby created. No consent or joinder of the Association or any Lot Owner or any mortgagee or other holder of an interest in any Lot or Excluded Parcel as security for the performance of an obligation, nor any release therefrom, shall be required to effect or to evidence the creation of the easements hereby reserved. In addition, the owner of an Excluded Parcel or of a platted lot within an Excluded Parcel may at any time waive or terminate any easement hereby reserved or hereafter created for the benefit of such Owner's Excluded Parcel or platted lot within an Excluded Parcel, as the case may be, by the execution and recording of an instrument specifying such waiver or termination, and without the necessity of any consent or joinder by the Association, any Lot Owner, or any mortgagee or other holder of an interest in any Lot or Excluded Parcel or platted lot within an Excluded Parcel as security for the performance of an obligation, or any release therefrom. In the event that easements reserved in this Article xm Section 1 J. are created, the Lot Owners and the owner or owners of the Excluded Parcels benefited by such easements shall, so long as the easements reserved herein are in existence, share all expenses of maintaining, repairing and replacing the private drives, lanes, streets, roads, or rights- of-way, and the utility lines, pipes, wires and other facilities, which may be commonly used pursuant to the easements herein reserved in the following manner. A portion of any such costs and expenses equal to a fraction, the numerator of which is the number of Lots in the Planned Community and the denominator of which is the total number of Lots in the Planned Community and the total number of units, lots or other individual parcels within the Excluded Parcels benefited by such easements, shall be paid by the Lot Owners of the Planned Community. The balance of any such costs or expenses shall be paid by the owner or owners of the Excluded Parcels benefited by such easements. Any portion of the costs and expenses to be paid by the Lot Owners of the Planned Community shall be paid by the Association as a Common Expense. Notwithstanding the foregoing, if one or more Excluded Parcels benefited by such easements are used for other than residential purposes, then such costs and expenses shall be apportioned to, and shared by the Lot Owners and the owner or owners of such Excluded Parcel of Parcels on any fair and equitable basis. ARTICLE XIV GENERAL PROVISIONS Section 1. Enforcement. The Association, Master Association or any Owner shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land and shall be perpetual. This Declaration may be amended by an instrument signed by the Owners representing Lots to which not less than sixty-seven percent (67%) of the total votes have been allocated and as provided in Section 3.3.4 of the Master Declaration. Any amendment must be recorded. 27 Section 4. Annexation. Additional residential or commercial property and Common Elements may be annexed to the Real Estate with the consent of the Master Association, the Master Developer so long as the Master Developer owns any part of the property subject to the Master Declaration or has the right to subject any Additional Property to the Master Declaration and the Declarant or Owners who represent seventy-five percent (75%) of the Lots. Section 5. Alternative Dispute Resolution. All disputes between the Association and Owners, Declarant and Owners and Declarant and the Association, except matters: (i) relating to assessments and the collection of assessments or (ii) enforcement of the rules and regulations of the Association, shall be first submitted to mediation by a mutually acceptable mediator. In the event that mediation is not successful, such dispute shall be resolved by arbitration in accordance with the rules and regulations of the American Arbitration Association. Notwithstanding the above either party to the dispute may appeal the decision of the arbitrator by filing suit in a court of law of competent jurisdiction within thirty (30) days of issuance of the arbitrator's decision. If no suit is brought by either party to the dispute within the thirty (30) period for appeals, then both parties agree to be bound by the arbitrator's decision and the determination of the arbitrator may be enforced with the same force and effect as judgment of a trial court in the State of Minnesota. Section 6. 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 Declarant written notice of such tender, the specific nature of the action and an opportunity to defend against the action. Section 7. Conflicts Among Documents. The Owners of the Lots in the planned community covenant and agree that the administration of the planned community shall be in accordance with the provisions of the Act, this Declaration and the Bylaws of the Association. In the event of any conflict among the provisions of the Master Governing Documents, the Master Rules, the Act, this Declaration, the Bylaws, and any Rules and Regulations adopted by the Association, the Act shall control unless it permits the documents to control. As among this Declaration, the Bylaws, the Rules and Regulations, the Master Governing Documents and the Master Rules, the Master Governing Documents shall control, except when this Declaration or the Bylaws are more restrictive, the more restrictive document shall control. The Master Rules shall control as against the Rules and Regulations adopted by the Association, except when a rule or regulation by the Association is more restrictive, the more restrictive rule or regulation shall control. In the event of any conflict among the provisions of the Act, this Declaration, the Bylaws of the Association or any Rules and Regulations adopted by the Association, the documents shall control in the following order of priority: A. the Act; B. this Declaration; C. the Bylaws; and 28 D. the Rules and Regulations. Section 8. Interpretation. As appropriate, each reference to a masculine pronoun shall include the feminine and neutral pronoun and each reference to a singular pronoun shall include the multiple pronoun and vice versa. Section 9. Limited Common Elements. All portions of the Real Estate other than the Lots are Common Elements. Certain portions of the Common Elements designed to serve a single Lot are, by operation of Section 515B.2-102( d) and (f) of the Act, Limited Common Elements allocated for the exclusive use by the respective Lots served thereby to the exclusion of other Lots. In addition, portions of the driveways adjacent to and serving each Lot are Limited Common Elements allocated for the exclusive use of the respective Lots to the exclusion of the other Lots. The air conditioning equipment, which is not a Limited Common Element allocated each Lot, shall be maintained, repaired and replaced by the Owner of each such Lot at such Owner's sole cost and expense. All other portions of the Limited Common Elements shall be maintained as Common Elements under and pursuant to the provisions of Article IV hereof. The expense of any such maintenance and repair shall be charged to the Lot as a Common Expense under and pursuant to the provisions of Article III hereof. Section 10. Condemnation. In the event of the taking of any of the Common Elements by eminent domain or any action or proceeding in lieu of eminent domain (hereinafter, "condemnation"), the Association shall represent the Owners in any such condemnation, or in negotiations, settlements and agreements with the condemning authority, and each Owner hereby appoints the Association as his attorney-in-fact, irrevocably, for such purposes. If deemed necessary by the Association, it may obtain the services of a trustee to act on behalf of the Owners in carrying out any functions under this Section. In the event of a condemnation of part or all of the Common Elements, the award of proceeds of settlement shall be payable to the Association. All proceeds payable with respect to any condemnation of Common Elements shall be applied to the restoration or repair of such Common Elements remaining after such condemnation or to such other purposes as may be in accordance with the functions and powers of the Association and the welfare of the Owners. If all of a Lot is taken through condemnation, or if so much of a Lot is taken that the remaining property cannot reasonably be used for a purpose allowed by this Declaration, then the entire Lot shall be considered condemned and the Owner's interest in the Common Elements and Association shall be deemed to cease on the date such condemnation is completed. If part of a Lot is taken through condemnation, but the Lot can still be used for a purpose allowed by this Declaration, then there shall be no effect on the Lot Owner's interest in the Common Elements or the Association. Any proceeds of any condemnation with respect to a Lot shall belong and be paid to the Owner thereof and his mortgagee, as their interests may appear. Section 11. Dissolution. The common interest community created by this Declaration may only be terminated with the assent given in writing and signed by not less than, the Owners holding eighty percent (80%) of the votes of the Association, eighty percent (80%) of the 29 Eligible Mortgagees (each mortgagee having one vote for each Lot financed) and as provided in Section 3.3.4 of the Master Declaration. Upon termination of the common interest community, after payment of all the debts and obligations of the Association, all Lots, Common Elements, and Association property shall be administered in accordance with the provisions of the Act. ARTICLE XV MASTER ASSOCIATION The Association is a member of Towne Lakes Community Association, a non-profit corporation created pursuant to Minnesota Statutes Chapter 317 A and Section 515B.2-121(a), and its successors and assigns (the .'Master Association"), a master association within the meaning of the Act. For purposes of this Article XV, the Common Interest Community, Towne Lake Townhomes, may be referred to as a <<Neighborhood" and the Association, Towne Lakes Townhomes Homeowners Association, may be referred to as a <<Neighborhood Association", as defined in the Master Declaration. Section 1. General. The operation and administration of the Association and the Real Estate are governed by the Master Governing Documents. Subject to Sections 3 and 4 of this Article XV, the Association is responsible for the operation, management and control of the Real Estate. Section 2. Membership in Master Association. The Association is a member of the Master Association as described in the Master Governing Documents. Membership in the Master Association shall be governed by the qualifications as set forth in Section 3.4 of the Master Declaration. Section 3. Delegation. All powers of the Association, except those reserved in this Section 3, are delegated to and shall be exercised by the Master Association unless relinquished by the Master Association to the Association in accordance with Section 8.1 of the Master Bylaws. The powers reserved to the Association and not delegated to the Master Association are the powers and duties to: A. provide maintenance and repair work which the Association is obligated or permitted to perform pursuant to Article IV of the Declaration, provided however the Master Association may, but shall not be obligated to, perform the same upon the failure of the Association or its members to perform their responsibilities under Article IV of the Declaration and the Master Association may recover the costs thereof as provided in the Master Declaration; B. obtain and maintain insurance as provided in Article X of the Declaration; C. subject to the approval requirements and process provided in Section 8 of the Master Declaration, control, preserve and enhance the architectural and environmental character of the Real Estate; D. to adopt and amend budgets for revenues, expenditures and reserves and levy and 30 collect assessments for Association common expenses and foreclose assessment liens incidental to its collection efforts in accordance with this Declaration. Said reserve funds shall be used only for the repair, replacement and maintenance of the Common Elements and shall not be used on any unrelated purpose such as litigation or attorneys' fees; E. hire and discharge managing agents and other employees, agents and independent contractors of the Association; F. adopt, amend and revoke reasonable Rules and Regulations ("Rules and Regulations") which shall be in addition to and not in limitation of the Master Rules and consistent with the Master Governing Documents and this Declaration, as follows: (i) regulate the use of the Common Elements; (ii) regulate the use of the Lots, and the conduct of the Owners and Occupants, which may jeopardize the health, safety, or welfare of other Owners and Occupants, which involves noise or other disturbing activity, or which may damage the Common Elements or other Lots; (iii) regulate animals; (iv) regulate changes in the appearance of the Common Elements and conduct which may damage the Real Estate; (v) regulate the exterior appearance of the Real Estate, including, for example, signs and other displays, regardless of whether inside a Living Unit; (vi) exercise the powers reserved by this Section; and (vii) otherwise facilitate the operation of the Real Estate, provided, however, when there is any conflict between the Master Governing Documents, including the Master Rules and Regulations, and the Rules and Regulations adopted pursuant to this reservation of power, the more restrictive rule shall control. G. administer and enforce the covenants, conditions, restrictions and other obligations set forth in this Declaration, the Bylaws and the Rules and Regulations, provided however the Master Association shall have the power and authority to administer and enforce such covenants, conditions, restrictions and obligations if the Association fails to do so; H. approve changes to Living Unit exteriors as provided in Article VI of the Declaration provided however such approval shall not replace, restrict, modify, limit or eliminate the approval requirements and process provided in Section 8 of the Master Declaration; 31 I. institute, defend or intervene in litigation or administrative proceedings (A) in its own name, on behalf of itself or two or more Owners, on matters affecting the Common Elements or other matters affecting the Real Estate or the Association, or, (B) with the consent of the Owners of the affected Lots on matters affecting only those Lots; J. make contracts and incur liabilities on behalf of the Association; K. subject to Section 8 of the Master Declaration, cause improvements to be made as part of the Common Elements; L acquire, hold, encumber and convey in its own name, any right, title or interest to real estate or personal property; M. subject to any restrictions contained in the Master Governing Documents, grant easements as follows: (i) public utility and communication systems easements through, over or under the Common Elements may be granted by the Board; and (ii) other public or private easements, leases and licenses through, over or under the Common Elements may be granted only by approval of the Board, and by the Owners (other than Declarants) voting at an Association meeting, unless such easement is expressly authorized by this Declaration or another previously recorded instrument, N. impose and receive any payments, fees, or charges for services provided to Owners; O. impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of this Declaration and the Bylaws and the Rules and Regulations; P. borrow money, and encumber or pledge the assets of the Association as security therefore; provided that any borrowings in a twelve month period which exceed, in aggregate, ten percent of the Association's current annual budget, shall require approval by the Owners voting at an Association meeting; Q. impose reasonable charges for the review, preparation and recording of amendments to this Declaration or the Bylaws, statements of unpaid assessments, documents for subsequent buyers of Lots or furnishing copies of Association Records; R. provide for the indemnification of its officers, directors and committee members, and maintain officers and directors liability insurance; S. provide for reasonable procedures governing the conduct of meetings and the election of directors; T. appoint, regulate and dissolve committees; 32 U. elect certain members of the Master Board, as described in Section 6 of the Master Bylaws; V. exercise any other powers conferred by law or the Governing Documents which are necessary and proper for the governance of the Association. Section 4. Additional Delegations. In addition to the powers and duties delegated to the Master Association above, the Board of Directors of the Association may delegate additional powers to the Master Association not inconsistent with this Declaration, the Articles of Incorporation and Bylaws of the Association and the Master Declaration, the Articles of Incorporation and Bylaws ofthe of the Master Association, or the Act, provided such additional delegation is accepted by the Master Association in writing. Section 5. Uniform Exercise. The powers delegated to the Master Association shall be exercised by the Master Association in a manner which is uniform and consistent with the exercise of all similar powers delegated to the Master Association. Section 6. Control Period. Upon the expiration of the control period, as defined in Minn. Stat. Sec. 5l5B.2-121 (c )(3), the Board of Directors of the Master Association shall be elected by the members of the Master Association. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed the date and year first above written. By: Its: STATE OF MINNESOTA) ) COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this 17th day of September, 2004, by Todd M. Stutz, the Executive Vice President of The Rottlund Company, Inc., a Minnesota corporation, on behalf of said corporation. ~ Notary Public I D . KATHERINE A. DOLS I NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 1-31.2005 !lI 33 THIS INSTRUMENT DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (763) 780-8500 223141_8 34 EXHmIT A TO DECLARATION COMMON INTEREST COMMUNITY NUMBER 79 TOWNE LAKES TOWNHOMES Legal Description Lots 12 through 17, inclusive, and Lot 32, Block 2, TOWNE LAKES 4TH ADDITION, Wright County, Minnesota. . . EXHIBIT B TO DECLARATION COMMON INTEREST COMMUNITY NUMBER 79 TOWNE LAKES TOWNHOMES Additional Real Estate Parcels Lots 1 through 15, inclusive, Block 1, Lots 1 through 11, inclusive, and Lots 18 through 31, inclusive, Block 2, TOWNE LAKES 4TH ADDITION, Wright County, Minnesota, and, That part of OUTLOT G, TOWNE LAKES 3RD ADDITION, according to the recorded plat thereof, Wright County, Minnesota described as follows: Beginning at the northwest corner of said OUTLOT G: thence South 89 degrees 59 minutes 10 seconds East, assumed bearing, along the north line of said OUTLOT G, a distance of 220.37 feet; thence South 00 degrees 00 minutes 50 seconds West, a distance of 130.52 feet; thence South 34 degrees 09 minutes 47 seconds East, a distance of 53.43 feet; thence southwesterly, along a non-tangential curve, concave to the southeast, having a radius of 230.00 feet, a central angle of 21 degrees 37 minutes 38 seconds, for an arc distance of 86.82 feet, the chord of said curve bears South 45 degrees 01 minutes 24 seconds West; thence South 34 degrees 12 minutes 40 seconds West, tangent to last described curve, a distance of213.38 feet; thence southerly, along a tangential curve, concave to the east, having a radius of 290.00 feet a central angle of 34 degrees 26 minutes 09 seconds, for an arc distance of 174.30 feet; thence South 00 degrees 13 minutes 29 seconds East, tangent to last described curve, a distance of 133.29 feet; thence South 89 degrees 46 minutes 31 seconds West, a distance of 200.64 feet; thence North 00 degrees 13 minutes 29 seconds West, a distance of 225.70 feet; thence northerly, along a tangential curve, concave to the east, having a radius of 170.00 feet a central angle of 32 degrees 18 minutes 29 seconds, for an arc distance of 95.86 feet to a point on the westerly line of said Outlot G; thence North 32 degrees 05 minutes 01 seconds East, along said westerly line, tangent to last described curve, a distance of 194.29 feet; thence northerly, along said westerly line, along a tangential curve, concave to the west, having a radius of 345.00 feet a central angle of 32 degrees 04 minutes 10 seconds, for an arc distance of 193.10 feet; thence North 00 degrees 00 minutes 50 seconds East, along said westerly line, tangent to last described curve, a distance of 46.06 feet to said northerly line of OUTLOT G and to the point of beginning. Proposed Parcel Area containing 160,467 sq. ft. or 3.68 acres. 930496