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9 <br />184956v2 <br /> 4. Termination. This Declaration shall terminate upon the death of H. William <br />Lurton. <br /> <br /> 5. Enforcement. The Minnesota Land Trust or any resident of the City of Orono <br />shall have the right to enforce the restrictions imposed by this Declaration. Enforcement of this <br />Declaration shall be by proceedings at law or in equity against any person or entity violating or <br />attempting to violate any covenant, restriction or provisions set forth herein, either to restrain <br />such violation or to recover damages. With respect to any measures of action, legal, <br />administrative, or otherwise, taken to enforce the provisions of this Declaration, whether or not <br />finally determined by a court or arbitrator, the party violating this Declaration, shall pay to the <br />party seeking enforcement of this Declaration any and all reasonable expenses incurred in <br />connection with such enforcement, including without limitation reasonable attorneys’ fees; <br />except that under no circumstances shall the Declarant be obligated to pay such expenses. <br /> <br /> 6. Governing Law. This Declaration shall be governed and construed under the <br />laws of the State of Minnesota. <br /> <br /> CITY OF ORONO: <br /> <br /> <br /> By, ________________________________ <br /> Lili Tod McMillan, Its Mayor <br /> <br /> <br /> By, ________________________________ <br /> Diane Tiegs, Its City Clerk <br /> <br />STATE OF MINNESOTA ) <br />) ss. <br />COUNTY OF HENNEPIN ) <br /> <br /> The foregoing instrument was acknowledged before me this ______ day of <br />__________________________, 2016, by Lili Tod McMillan and Diane Tiegs, respectively <br />the Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, on behalf of <br />the corporation and pursuant to the authority granted by its City Council. <br /> <br /> ______________________________________ <br /> Notary Public <br /> <br />THIS INSTRUMENT IS DRAFTED BY: <br /> <br />CAMPBELL KNUTSON <br />Professional Association <br />Grand Oak Office Center I <br />860 Blue Gentian Road, #290 <br />Eagan, Minnesota 55121 <br />Telephone: ( 651) 452-5000