Declaration of Covenants, Condition, Restrictions & Easements

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thereon in favor of the Owner. Such lien shall be superior to all other liens and encumbrances on such Lot except only for liens for general and special taxes, and the lien of any first mortgage on a Lot. All other Persons acquiring a lien on any Lot shall be deemed to have consented that such Person's lien shall be inferior to future liens for assessments as provided herein, whether or not such consent be specifically set forth in the instrument creating such lien. To evidence a lien for sums assessed pursuant to this Article, the Owner may prepare a written notice of lien, setting forth the amount of the assessment, the due date, the amount remaining unpaid, the name of the Defaulting Owner and a description of the Lot, and record the same in the office of the Registrar of Titles in and for Hennepin County, Minnesota. Such lien may be enforced by judicial foreclosure or by foreclosure by advertisement, in the same manner in which mortgages on real property may be foreclosed in Minnesota, and each current and future Owner, by becoming an Owner, hereby grants to the Owners a power of sale, to enable the Other Owner to enforce the lien hereby created by non judicial proceedings. In any such foreclosure, the Defaulting Owner shall be required to pay the costs and expenses of the Owner in collecting the assessments and/or enforcing the lien, all of which shall be secured by the lien being foreclosed. In order to cause the other Owner to discontinue any foreclosure or any other proceedings to collect any assessment and/or to enforce any lien granted pursuant to this Declaration, the Defaulting Owner shall be obligated to pay all assessments against such Owner's Lot which shall have become due as of the date of such payment, and all costs and expenses incurred by the Owner in collecting the assessments and/or enforcing such lien, including reasonable attorney's fees. 1021479v5 7