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376Z034 <br />any subdivision of the Unplatted Parcel, shall <br />be a member of the Association. Membership <br />shall be appurtenant to and may not be <br />separated from ownership of each Lot and of <br />the Unplatted Parcel or such portion thereof. <br />Each member of the Association shall be <br />entitled to one vote for each Lot or the <br />Unplatted Parcel or such portion thereof of <br />which such member is the Owner. When more <br />than one person or entity constitutes the <br />Owner, all such persons and entities shall be <br />members of the Association, and each vote for <br />such Lot or Unplatted Parcel or portion <br />thereof shall be exercised 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 thereof. <br />12. 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 tpe 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 deemed necessary or appropriate in order to <br />render this Agreement binding and fully enforceable, such <br />person shall use reasonable efforts to obtain such consent or <br />joinder from any such governmental agency and from any <br />mortgagee or other lien holder whose mortgage or other lien is <br />an encumbrance on the real estate owned by such person. <br />14. Except as expressly amended· hereby, the Declaration <br />shall remain in full force and effect. <br />IN WITNESS WHEREOF, the Owners of Lots, Out lots and the <br />Unplatted Parcel whose signatures appear on the attached <br />signature pages, have duly executed this Agreement, effective <br />for all purposes as of the day and year first above written. <br />THIS INSTRUMENT DRAFTED BY: <br />MOSS & BARNETT (JLW) <br />A Professional Association <br />4800 Norwest Center <br />90 South Seventh Street <br />Minneapolis, MN 55402-4129 <br />Telephone: (612) 347-0300 <br />-6-