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377Z034 <br />10. Paragraph 11 of the Road Declaration is hereby <br />amended to read as follows: <br />In the event any Lot is subdivided to <br />provide for additional lots on which houses <br />may be constructed, each such new lot shall <br />become a Lot and sha 11 be subject to and <br />benefitted by this Declaration, with the <br />following amendments: <br />(a) The percentage share of each Owner <br />in Maintenance costs as set forth in <br />paragraph 4 above shall be amended to equal <br />one hundred percent (100%) divided by the <br />number of Lots after such subdivision; and <br />(b) The percentage of Owners required <br />to amend this Declaration pursuant to <br />paragraph 12 below shall equal one fewer <br />than the number of Lots after such <br />subdivision, unless and until the number of <br />Lots equals or exceeds ten, at which time <br />such amendment shall require the assent of <br />Owners of eighty percent (80%) of the Lots. <br />Notwithstanding the foregoing, if any such <br />subdivision results in one or more <br />buildable parcels which, pursuant to the <br />requirements of the City of Orono or by law <br />or contract, is not entitled to use the <br />Road, such parcel shall not be considered a <br />Lot under this Declaration. <br />11. Notwithstanding anything to the contrary contained in <br />this Agreement, if this Agreement is recorded before the <br />recording of the plat of Burger's Bayside Second Addition, the <br />Lot described herein as Lot 1, Block 1, Burger's Bayside Second <br />Addition shall be deemed to be Lot 1, Block 1, Burger"s <br />Bayside, Hennepin County, Minnesota, unless and until the plat <br />of said Burger's Bayside Second Addition is duly recorded in <br />the office of the County Recorder, and/or filed for record in <br />the Off ice of the Registrar of Titles, in and for Hennepin <br />County, Minnesota. <br />-7-