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<br />1 <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />[THIS DECLARATION RESTRICTS THE SALE AND TRANSFER <br />OF EACH OF THE PROPERTIES IDENTIFIED HEREIN.] <br /> <br /> <br />FIRST AMENDED AND RESTATED <br />DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS <br />AND MAINTENANCE AGREEMENT FOR A PRIVATE ROAD <br />THIS FIRST AMENDED AND RESTATED DECLARATION OF COVENANTS, <br />CONDITIONS, RESTRICTIONS AND MAINTENANCE AGREEMENT FOR A PRIVATE <br />ROAD (this “Amended Declaration”), dated effective August __, 2016, is an amendment to and <br />complete restatement of that certain Declaration Of Covenants, Conditions, Restrictions And <br />Maintenance Agreement For A Private Road dated May 1, 1986 and recorded in the office of the <br />Hennepin County Recorder on July 29, 1986 as Document Number No. 5135659 (the “Original <br />Declaration”). <br />WHEREAS, the persons named below are the current Owners (as defined below) of the <br />Residence Lots (as also defined below) listed after their names: <br />Jessica M. Swearingen and Lance L. Swearingen Lot 1, Block 1, <br />Phillips Woodland Terrace, <br />Hennepin County <br />Edward J. Dau and Michelle S. Dau Lot 2, Block 1, <br />Phillips Woodland Terrace, <br />Hennepin County <br />Dwight T. Seward. Jr. Revocable Trust, dated <br />December 6, 2004, as amended, Dwight T. <br />Seward, Jr., Trustee <br />Lot 5, Block 1, <br />Phillips Woodland Terrace, <br />Hennepin County <br />Mitchell N. Palmer and Jennifer A. Palmer Lot 6, Block 1, <br />Phillips Woodland Terrace, <br />Hennepin County