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' . <br />· ARTICLE6 <br />General Provisions <br />Section 1. ~-"Owner'• shall mean and refer to the Declarant and to the record <br />owner, whether one or more persons or entities, of the fee simple title to either Parcel, but shall <br />not mean or refer to the mortgagee of either Parcel unless and until such mortgagee has acquired <br />title pursuant to foreclosure of its mortgage and the period within which the fee owner may <br />redeem from such foreclosure has expired. In the event either Parcel is sold by the Dec1arant or <br />a subsequent owner by a contract for deed to a contract purchaser. the contract purchaser shall be <br />considered the "Owner't of the Parcel upon recording the contract for deed evidencing the sale to <br />such contract purchaser. <br />Section 2. l)uration. The conditions, restrictions, reservations, easements and covenants <br />of these Covenants shall run with and bind the Land and shall inure to the benefit of and be <br />enforceable by the owner of each Parcel and their respective legal representatives, heirs. <br />successors and assigns, in perpetuity. <br />Section 3. Enforcement. The owner of each Parcel shall have the right to enforce, by any <br />proceeding at law or in equity all tenns and conditions of this Restatement. In view of the <br />purposes of this Restatement and the unique characteristics of the Land, it is acknowledged that <br />money damages to any Owner in the event of a violation of any of the terms hereof would be <br />inadequate due to the irreparable and immeasurable hann done thereby, and, accordingly, the <br />Owner of any Parcel, including the Declarant, shall have the right, in addition to any other <br />remedies available at law or in equity, to appfy for and receive from any court of competent <br />jurisdiction in the State of Minm1sota, equitable relief by way of restraining order, injunction or <br />otherwise, prohibitory or mandatory, to prevent and enjoin a breach of the tenns and conditions <br />of this Restatement, or by means of specific performance to enforce performance of the terms of <br />this Restatement and including ttle obligation to restore the Land to as near to the~ QYQ as is <br />possible. If successful, the party seeking enforcement of the terms hereof shall be entitled to <br />recover from the party violating the tenns of this Restatement reimbursement for all costs and <br />expenses of litigation, including reasonable attomeys 1 fees, witness fees, service of process fees, <br />expert fees, and any other costs incurred iri securing such relief, <br />Section 4. Severability. Invalidation of any of the provisions hereof by judgment or <br />court order shall not affect any of the other provisions which shall remain in full force and effect, <br />Section 5. Amendment. This Restatement may be amended only by a written instrument <br />signed by an of the Owners of the Parcels. <br />Section 6. ~Qunummrt§. This Restatement may be executed in any number of <br />counterparts with the same effect as if each Declarant executing hereto had.signed the same <br />document. All counterparts shall be construed together and shall constitute one instrument. <br />{Signature Pages Follow} <br />4 <br />Doc# 181481611