Declaration of Restricitive Covenants

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at law or in equity to abate, prevent or enjoin any such violation or to specifically enforce the covenants therein set forth. Notwithstanding any other provision hereof, enforcement of these covenants and restrictions shall not result in any claim against the Project, or against the rents or other income from the property. Until terminated or deleted as hereinafter provided, the provisions hereof are imposed upon and made applicable to the Property and the Project and shall be enforceable against the Declarant, each purchaser, grantee, owner or lessee of the Project and the respective heirs, legal representatives, successors and assigns of each. No delay in enforcing the provisions of said covenants and restrictions as to any breach or violation shall impair, damage or waive the right to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. 7. Attorneys' Fees to Prevailing Party. In the event of any litigation between the parties under any of the provisions of this instrument, the non-prevailing party to such litigation agrees to pay to the prevailing party all costs and expenses (including, without limitation, expert fees, costs of investigation, deposition costs, travel costs and reasonable attorneys' fees) incurred by the prevailing party in such litigation. The determination of whether a party is a "prevailing party," and the reasonable amount of attorneys' fees and other costs recoverable, will all be reserved to and decided by the Judge presiding over such litigation. The parties agree that the amount of attorneys' fees and other costs which may be awarded must bear a reasonable relationship to, and must be limited by the Judge to a reasonable amount in view of, the amount recovered or the relief obtained by the prevailing party. 8. Estoppel Certificate. Within fifteen (15) days after written request by any party to this instrument, the other party will provide a certificate confirming (to the extent accurate) that this instrument remains in full force and effect at such time, that there are no defaults or claimed defaults by any party under this instrument, and providing such further factual assurances as may be reasonably requested. 9. Notices. Any notice or election herein required or permitted to be given or serviced by any party hereto upon the other will be in writing and delivered in person, by email, by electronic pdf, or recognized overnight delivery service (i.e., Federal Express, UPS, etc.), addressed as follows: If to Declarant: , LLC Email: With a Copy to: David E. Kirkman Ravich Meyer Kirkman McGrath Nauman & Tansey, A Professional Association 150 South Fifth Street, #3450 Minneapolis, MN 55402 Email: dekirkman@ravichmeyer.corn {00350591 } 4