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