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a;:a:q ¥ ##Msi5f ,i,;m_,......,_ ___ ""_'"' ___ ,.., ___ ..., __ ....,,. __ ~------ <br />376Z034 <br />any subdivisio~ of the Unplatted Parcel, shall <br />l:>e a member of the Association. Membership <br />shall be appurtanant to and may not be <br />separated from owne:.ship of each Lot and of <br />the unrlatted Parcel or such portion thereof. <br />Ear,h member of the Association shall be <br />entitled to one vote for e3ch Lot or the <br />Unplatted Parcel or such portion thereof of <br />which such member is the Owner. When more <br />th&n one person or entity constitutes the <br />Owner, all such persons ar,d entities shall be <br />member:; of the Association, and each vote for <br />such Lot or Unglatted Parcel or portion <br />thereof shall be exer..:ised as they determine <br />among themselves, but in no event shall more <br />than one vote on any issue before the <br />Association be cast with respect to any Lot or <br />the Unplatted Parcel or such portion there~f. <br />12. Notwithstanding anything to the contrary contained in <br />this Agreement, if this Agreement is recorded before the <br />record~ng of the plat of Bu~ger•s Baysjde Second Addition, the <br />Lot described herein as Lot l, Slock 1, Burger's Bayside Second <br />Addition shall be deemed to be Lot ::., Block 1, Burg9r•s <br />Bayside, Hennepin Co•.lnty, Minnesota, unless and until th~ yl.-i. <br />of said Burger• s Bayside Second Addition is duly recorded in <br />the office of the County Recorder in and for Hennepin County, <br />Minnesota. <br />13. Each of the undersigned agrees that, if the consent <br />or joinder of any governmental agency or mortgagee or other <br />lien holder is c!eemeG necessary or appropdate in order to <br />rerder t~is Agreement binding and fully enforceable. such <br />person shall use re.isonable efforts to obtain such consent or <br />joinder from any such governmental agency and from any <br />mortgagee or ether lien holder whose mortgage or other lien is <br />an encumbrance on t~e real estate owned by such person. <br />14. E:ccept as expressly amended hereby, the Declaration <br />shall remain in full force and effect. <br />IN WITNESS WHEREOF, the owners of Lots, Outlots and the <br />Unplatted Parcel whose signatures appear on the attached <br />signature pag,:s, have duly executed this Agreeme:-:1t, effective <br />for al~ p 1 1rposes as of the day and year first above written. <br />THIS INSTRlJMENT DRAFTET BY': <br />MOSS & BARNETT (JLW) <br />A Profes~ional Association <br />4d00 Norwest Cente~ <br />90 South S~venth Street <br />?-iinneapolis. MN 55402-4129 <br />Telephone: (612) 347-0300 <br />-6-