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r ' <br />i <br />FIRST AMENDMENT TO DECLARATION <br />OF EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS <br />THIS FIRST AMENDMENT TO DECLARATION OF EASEMENTS, COVENANTS, <br />CONDITIONS AND RESTRICTIONS (the "Amendinent*) is made an entered <br />into as of the 1st day of October, 1991, by and between Fullerton <br />Properties, Inc., a Minnesota corporation {"Developer"), Cox <br />Brothers Farm, a Minnesota general partnership ("Lender"), and <br />James A. Cox and Bernadine A. Cox, husband and wife (collectively, <br />•Cox*). <br />RECITALS <br />A. The parties hereto entered into that certain Declaration <br />of Easements, Covenants, Conditions and Restrictions dated as of <br />October 9, 1990 filed for record in the Office of the County <br />Recorder in and for Hennepin County, Minnesota on October 17, 1990 <br />as Document No. 5713561 (the "Declaration") (all capitalized terms <br />utilized herein and not separately defined herein shall have the <br />meanings ascribed to them in the Declaration). <br />B. The parties hereto desire to amend the Declaration. <br />ACREEMENTS <br />For good, fair and valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, and in consideration <br />of the foregoing Recitals, the parties hereto hereby agree as <br />follows: <br />1. With respect to Section 1.3(i) of the Declaration, <br />reference to Outlot B therein is hereby deleted and Association <br />shall have no obliaation to construct, manage, improve, maintain, <br />insure, repair or administer the private road, it any, on said <br />Outlot B. <br />2, This Amendment may be executed in counterparts. <br />3. EzCwOt as hereby amended, the Declaration shall remain <br />unmodified and in full force and effect. <br />IN WITNESS WHEREOF, the parties hereto have hereunto set <br />their respective hands as of the day and year first above written. <br />•DEVELOPER <br />FULLERTON PROPERTIES, INC., <br />a Minnesota corporation <br />0