03-14-2022 Council Packet - Laserfiche WebLink

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218545v54 interest at a rate of five percent (5%) per annum and all costs and expenses including reasonable attorneys' fees and costs shall be assessed against the defaulting Owner in favor of the non-defaulting Owner(s) and shall constitute a lien against the Lot of the defaulting Owner until paid, effective upon the recording of a notice of lien with respect thereto in the official real estate records of Hennepin County, Minnesota; provided, however, that any such lien pursuant to this Section 5.4 shall be subject and subordinate to (i) liens for taxes and other public charges which by applicable law are expressly made superior; and (ii) all liens recorded in the official real estate records of Hennepin County, Minnesota prior to the date of recordation of said notice of lien. Upon the timely curing by the defaulting Owner of any default for which a notice of lien was recorded, the party recording the same shall record an appropriate release of such notice of lien with the official real estate records of Hennepin County, Minnesota to release said lien. All non-defaulting Owners, or any of them, shall have the right and power to enforce this Declaration as provided herein. Nothing contained in this Section 5.4 is intended to alleviate any reimbursement obligations of the Owners to the City in accordance with Section 5.3 above. 6. Voting. In all instances where the Owners have the right to vote on matters concerning the Road and this Declaration, then the Owners shall be entitled to one (1) vote per Lot, with a majority vote controlling all such matters. If there is a deadlock (1-1 vote) with respect to any matter concerning the Road or this Declaration, then any of the Owners may petition the City Council to break the deadlock in which case a majority decision of the City Council shall control. 7. Binding Effect. This Declaration shall run with the Property and shall be binding on and inure to the benefit of the Owners, their heirs, representatives, successors and assigns. 8. No Amendment. This Declaration may be modified or amended only upon the recording of a document in the official real estate records of Hennepin County, Minnesota, setting forth such amendment and fully executed by all of the Owners, and any other party having a recorded interest in the Property. The modified or amended Declaration must be approved by the City of Orono. 9. Severability. Invalidation of any covenant, condition, or restriction set forth herein by judgment or court order shall in no way affect any of the other provisions hereof, which shall all remain in full force and effect. 10. Warranties of Title. Declarants and Vogstroms represent and warrant that they are the lawful Owners of the Property and have the full right, title and authority to enter into this Declaration. Any mortgage lender, or other party with an interest