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DECLARATION OF COVENANTS AND RESTRICTIONS REGARDING SEPTIC <br /> HOLDING TANK <br /> Randy Arne�$n and Christina Arneson, husband and wife (collectively, "Declarant"), <br /> effective on theZ2�day of November 2002, hereby declare as follows: <br /> RECITALS <br /> A. Declarant is the owner of that certain real property in Hennepin County, <br /> Minnesota legally described as: <br /> Lot 3, Block 1, McCulley Farm <br /> (the "Property"). <br /> B. The City of Orono has permitted the Declarant to install a septic holding tank(the <br /> "Tank") on the properiy for connection to the existing garage only. <br /> C. In consideration for the agreement of the City of Orono to permit the installation <br /> of the septic holding tank described in "B" above, Declarant agrees to subject the future use of <br /> the Property to the restrictions and limitations set forth in this Declaration. <br /> DECLARATIONS <br /> NOW, THEREFORE, in consideration of the foregoing recitals, the restrictions set forth <br /> herein, and other good and valuable consideration, the receipt, sufficiency and fairness of which <br /> is hereby acknowledged, Declarant does hereby declare as follows: <br /> 1. Restrictions Re�ardin� Septic Holdin�Tank. All persons and entities having <br /> an interest in the Property, including Declarant, of any kind or nature, whether legal, equitable or <br /> otherwise, and including without limitation all lessees, occupants, and secured parties, by their <br /> acceptance or assertion of an interest in the Property, or by their occupancy of the Property, <br /> covenant and agree that the ownership, use, occupancy, operation, alienation and conveyance of <br /> and their interests in the Property shall be subject to the restrictions provided in this Declaration <br /> of Covenants and Restrictions Regarding Septic Holding Tank. <br /> 2. Connection to Gara�e Only. The Tank shall only be connected to the garage on <br /> the Property. <br /> 3. Code Compliance. The Tank shall be installed and connected in compliance <br /> with the City of Orono Municipal Septic Code. <br /> 4. Use of Tank. The Tank shall be connected to and used for bathroom facilities <br /> only in the garage. The garage shall not have any laundry or shower/tub facilities. <br /> 121064340v1 754868 <br />