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SEP, 13. 2006 11 :40AM Mail EDINA REALTY TITLE CLAIMS N0. 2964 P. 46/59 instrument terminating this Declaration. Any such temmnation shall not,however,terminate the obligations of the Owners and/or the conditions and restrictions imposed on the Owners and the Lots by Article II or by Sections 3,8 and 9 of Article.1V of this Declaration unless the prior written approval of City has been obtained for such termination. Section 4.Amendment.This Declaration may be amended only by an amendment thereto, in recordable form,executed by not less than all of the Owners of the eight(8)Lots and the First Mortgagees of said eight(8)Lots, Any such amendment shall not,however,amend the obligations of the Owners and/or the conditions and restrictions;unposed on the Owners and the Lots by Article II or by Sections 3,8 and 9 of Article N of this Declaration unless the prior written approval of City has been obtained for such amendment. Section 5. Variances.The Architectural Control Committee hereby reserves the right to grant a reasonable variance or adjustment of the conditions and restrictions of this Declaration in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the strict application of the conditions and restrictions contained herein. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to other Lots or Improvements of the Real Property and shall not defeat the general intent and purpose of this Declaration. Section 6. Construction. Where applicable,the masculine gender of any word used herein shall include the feminine or neutral gender,or vice versa,and the singular of any word used herein shall also mean the plural,or vice versa. This Agreement shall be interpreted and enforced in accordance with Minnesota law. Section 7. Notices. All notices given under Section 4 of Article M of this Declaration shall be given in the manner specified in said Section 4. All other notices,demands or communications required to be given or otherwise given by or to the Architectural Control Committee or any Owner, shall be in writing and shall be deemed to be properly given if personally delivered to any 14