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not be trimmed, cut down or removed (except to the extent reasonably required as a <br />result of disease or storm damage to a tree or trees). <br />3. Wetlands. The Wedands are located within the No Build Area as indicated <br />on Exhibit A. The Wedands shall not be altered before contacdng the Minnehaha Creek <br />Watershed District and the United States Corp. of Engineers and before submitdng a <br />wedand alteration plan to the City for its review and issuance of a permit for such <br />alteration, if such permit is then required. <br />4. Renefitted Parties. The restricdons set forth in paragraphs 1 and 2 hereof <br />are for the benefit of Lot 4, Block 1, Fullerton Estates ("Lot 4"), and shall not be <br />amended without the prior approval of the owners and encumbrancer^ of Lot 4. The <br />restricdons set forth in paragraph 3 hereof are for the benefit of the City, and shall not <br />be amended without the prior approval of the City. <br />5. ■ Remedies. In the event of any violadon or threatened violadon of any of <br />the terms, restricdons, covenants or condidons provided in this Declaradon, the owner <br />of Lot 4, in the case of paragraphs 1 and 2, and the City in the case of paragraph 3, and <br />their respecdve successors or assigns, shall have the right to enjoin such violadon or <br />threatened violation, and to recover damages resulting therefrom, in a court of <br />competent jurisdiaion, and to recover their attorneys' fees and costs incurred in <br />orosecuting any such acdon to obtain an injunedon or to recover damages. <br />6. Future Conveyances. The covenants created and declared by this <br />Declaradon shall be incorporated by reference in all future conveyances, mortgages, <br />assignments and odier transfers of Lot 3, or pordons thereof; provided, however, that <br />notwithstanding any failure to incorporate this Declaradon by reference in such future <br />conveyances, mortgages, assignments and other transfers, such covenants shall run with <br />the tide to Lot 3 as covenants appurtenant thereto without the necessity of specific <br />reference thereto. <br />7. Amendment. Subject to paragraph 4 hereof, the covenants created and <br />declared by this Declaration may, at any dme and from time to dme, be amended upon <br />the filing for record in the office of the Hennepin County Registrar of Titles of an <br />agreement ame.r;q'i'ni this Declaration, executed in the manner required by law for the <br />recording of a coiiv;.y:vnce of real property by the then owners, both legal and equitable, <br />of Lot 3 and Lot 4, and consented to by the mortgagees of such Lots. <br />8. Term. The covenants created by this Declaradon shall continue for a term <br />of thirty (30) years from the date hereof.