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interest at a rate of five percent(5%)per annum and all costs and expenses <br /> including reasonable attorneys' fees and costs shall be assessed against the <br /> defaulting Owner in favor of the non-defaulting Owner(s) and shall <br /> constitute a lien against the Lot of the defaulting Owner until paid, <br /> effective upon the recording of a notice of lien with respect thereto in the <br /> official real estate records of Hennepin County, Minnesota; provided, <br /> however, that any such lien pursuant to this Section 5.4 shall be subject <br /> and subordinate to (i) liens for taxes and other public charges which by <br /> applicable law are expressly made superior; and(ii) all liens recorded in <br /> the official real estate records of Hennepin County, Minnesota prior to the <br /> date of recordation of said notice of lien. Upon the timely curing by the <br /> defaulting Owner of any default for which a notice of lien was recorded, <br /> the party recording the same shall record an appropriate release of such <br /> notice of lien with the official real estate records of Hennepin County, <br /> Minnesota to release said lien. All non-defaulting Owners, or any of <br /> them, shall have the right and power to enforce this Declaration as <br /> provided herein. Nothing contained in this Section 5.4 is intended to <br /> alleviate any reimbursement obligations of the Owners to the City in <br /> accordance with Section 5.3 above. <br /> 6. Voting. In all instances where the Owners have the right to vote on matters <br /> concerning the Road and this Declaration,then the Owners shall be entitled to one <br /> (1) vote per Lot, with a majority vote controlling all such matters. If there is a <br /> deadlock(1-1 vote)with respect to any matter concerning the Road or this <br /> Declaration, then any of the Owners may petition the City Council to break the <br /> deadlock in which case a majority decision of the City Council shall control. <br /> 7. Binding Effect. This Declaration shall run with the Property and shall be binding <br /> on and inure to the benefit of the Owners,their heirs, representatives, successors <br /> and assigns. <br /> 8. No Amendment. This Declaration may be modified or amended only upon the <br /> recording of a document in the official real estate records of Hennepin County, <br /> Minnesota, setting forth such amendment and fully executed by all of the Owners, <br /> and any other party having a recorded interest in the Property. The modified or <br /> amended Declaration must be approved by the City of Orono. <br /> 9. Severability. Invalidation of any covenant, condition, or restriction set forth <br /> herein by judgment or court order shall in no way affect any of the other <br /> provisions hereof, which shall all remain in full force and effect. <br /> 10. Warranties of Title. Declarants and Vogstroms represent and warrant that they <br /> are the lawful Owners of the Property and have the full right,title and authority to <br /> enter into this Declaration. Any mortgage lender, or other party with an interest <br /> 218545v6 <br />