Declaration of Covenants, Conditions and Restrictions

COUNTRY CLUB VILLA ASSOCIATION

DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS

PHASE  I

This Declaration, made this18th day of December, 1989, by Imperial Builders of St. Cloud, Inc., hereinafter called “Developer.”

WITNESSETH;

WHEREAS,  Developer is the owner of the real property described in Article II of  this Declaration, and desires to create thereon a residential community  with permanent parks, playgrounds, open spaces and other common  facilities for the benefit of said community; and

Whereas,  Developer, has caused to be incorporated Country Club Villas  Association, under the laws of the State of Minnesota as non-profit  corporation, to which shall be assigned the powers and duties of  maintaining and administering the common areas and facilitates and  administering and enforcing the covenants and restrictions, easements,  charges and liens hereinafter set forth.

NOW THEREFORE, the  Developer hereby declares that the real property described in Article II  and such additions hereto as may hereafter be made pursuant to Article  II hereof is, and shall be held, transferred, sold, conveyed and  occupied, subject to the covenants, restrictions, easements, charges and  liens hereinafter set forth. 

ARTICLE I
DEFINITIONS

Section  1. The following words, when used in this Declaration, or any  supplement Declaration (unless the context shall prohibit) shall have  the following meanings:
Association shall refer to Country Club Villa Association.
Common areas shall refer to real and personal property owned by the Association
Lot shall refer to any lot together with the improvements thereon except common areas.
Owner  shall refer to holder of the fee simple absolute, contract vendee, life  tenant or lessee under a lease having a term of more than three (3)  years, or any combination thereof.
Member shall refer to a member of the Associating as provided in Section 1, Article III hereof
Developer shall refer to Country Club Villa Association, its successor and assigns.
Recreational  facilities shall refer to structures, buildings and personal property,  whether attached or detached from the common areas, acquired by the  Association for the use and enjoyment of owners.
Capital improvement  shall refer to any construction of, reconstruction of, substantial  alteration of, the physical amenities on the common areas. Except work  performed by governmental bodies
Mortgage shall mean and refer to any  mortgage of record or other security instrument by which a lot or any  part thereof is encumbered.
Mortgagee shall mean and refer to any  person named as mortgagee under any such mortgage or any successors with  an interest of such person under such mortgage. 

ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION:
AND FUTURE ADDITIONS THERETO

Section  1. Existing Property.  The real property which is and shall be held,  transferred, sold, conveyed and occupied subject to this Declaration is  located in the City of St. Cloud, County of Stearns and State of  Minnesota, and is more particularly described as follows:

That  part of Outlots “A” and “B,”  COUNTRY CLUB TOWNHOUSE ADDITION, according  to the recorded plat thereof, described as follows: Commencing at the  most northerly corner of said Outlot "A"; then South 63 degrees 16  minutes 02 seconds West, assumed bearing, on the northwesterly line of  said Outlot "A" 238.39 feet to the point of beginning of the land to be  described; thence continue South 63 degrees 16 minutes 02 seconds West  on said Northwesterly line 311.09 feet; thence southwesterly 128.10 feet  on said northwesterly line an on a tangential curve concave to the  northwest having a radius of 733.67 feet and a central angle of 10  degrees 00 minutes 15 seconds; thence South 07 degrees 42 minutes 20  seconds West not tangent to said curve 47.00 feet; thence North 89  degrees 59 minutes 29 seconds East 107.74 feet; thence South 30 degrees  27 minutes 18 seconds East 23.42 feet; thence North 70 degrees 05  minutes 09 seconds East 114.17 feet; thence North 63 degrees 16 minutes  02 seconds East 254.00 feet; thence North 26 degrees 43 minutes 58  seconds West 113.00 feet to the point of beginning.  Subject to and  together with easements of record.  Containing 1.06 acres, more or less,

all of which real property shall hereinafter be referred to as Existing Property.

Section 2.  Additions to Existing Property.   Additional lands may become subject to this Declaration in the following manner:

Plus  the following unplatted land:  The Developer, its successors and  assigns shall have the right to bring within the plan of this  Declaration property located in Stearns County, Minnesota.  Such General  Plan shall not bind the Developer to make the proposed additions or to  adhere to the plan in any subsequent development of said land.

The  additions authorized under this, and succeeding subsections, shall be  made by the filing of record a Supplementary Declaration of Covenants  and Restrictions with respect to the additional property which shall  extend the plan of the covenants and restrictions of this Declaration to  such property.

Such Supplementary Declaration shall contain such  complementary additions and modifications of the covenants and  restrictions contained in this Declaration as may be necessary to  reflect the different character, if any, of the added properties and as  are not inconsistent with the plan of this Declaration.  In no event,  however, shall such Supplementary Declaration revoke, modify or add to  the covenants established by this Declaration with the Existing  Property. 

ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION

Section 1.  Members.  The qualification of members and the manner of their admission into the Association shall be as follows:

An owner shall by virtue of such interest be a member of this Association.
When one or more persons are an owner of a lot, all such persons shall be members.
It  shall be the duty of each owner to register his name and nature of his  interest with the Secretary of the Association.  If the owner does not  register his interest, the Association shall be under no duty to  recognize his ownership. 

Section 2. Membership classes.   The Association shall have two classes of voting membership:

Class  A. Class A members shall be all owners, with the exception of the  Declarant, and shall be entitled to one vote for each unit owned. When  more than one person holds an interest in any unity, all such persons  shall be members.  The vote for such unit shall be exercised as they  determine, but in no event shall more than one vote be case with respect  to a unit

Class B.  The Class B member(s) shall be the Declarant  and shall be entitled to three (3) votes for each unit owned.  The  Class B membership shall cease and be converted to Class A membership on  the happening of either of the following events, whichever occurs  earlier:
When the total votes outstanding in the Class A membership equal to the total votes outstanding in the Class B membership, or
On December 18, 1989.

Section  3. Voting.  The owners of each unit shall be entitled to vote according  to class as described in Section 2.  When there is more than one owner  of a unit, the vote(s) shall be cast by the person named in a  Certificate signed by all owners of the unit and filed with the  Secretary of the association.  Such a certificate shall be valid until  revoked by subsequent certificate.

Section 4.  Nonassignability.   The share of an owner in the funds and assets of the Association cannot  be assigned, pledged, encumbered or transferred in any manner, except  as an appurtenance to his unit.

ARTICLE IV
PROPERTY RIGHTS IN THE COMMON AREAS

Section 1. Member’s Easement of Enjoyment.  Every member shall have the following non-exclusive appurtenant easements:
Ingress and egress.
A utility easement and easement for water and sewer.
Parking privileges.
Right  of overhand and encroachment of improvements on a lot which are not  inconsistent with the use of the common areas by other members.
Right and easement of enjoyment for recreational purposes.

Section  2. Title and Improvements to Common Areas.  The Developer shall convey  and record marketable title to the common areas to the Association prior  to the conveyance of a fee title to any lot.  Developer covenants and  agrees with the Association that it will make and pay for all  improvements as set forth in the plans and specifications on file with  the Association and delivery of the deed shall not constitute release of  Developer from the obligation to perform such obligations.  Developer  and the Association shall formulate and reduce to writing a procedure  for acceptance by the Association of the work to be performed pursuant  to said plans and specifications. The Association shall file in the  office of the County Recorder a release of the Developer upon Developer  having fulfilled its obligations to improve the common areas.  Until the  Developer has completed the work as set forth in said plans and  specifications, Developer shall have the right to enter upon the common  areas for the purpose of completing such work.

Section 3. Extent  of Member’s Easements.  The rights and easements of enjoyment described  herein and the title of the Association to the common areas shall be  subject to the following:

The right of the Association, in  accordance with its Articles and By-Laws, to borrow money for capital  improvements on the common areas, and in aid thereof to mortgage the  common areas and the rights of such mortgagee in the common areas shall  be subordinate to the rights of the member hereunder.  No indebtedness  authorized by this subsection shall exceed twice the sum of the annual  assessment levied or permitted to be levied against all lots. 
The right of the Association to take such steps as are reasonably necessary to protect the common areas against foreclosure.

Section  4. Delegation of Use.  Any owner may delegate, in accord with the  By-Laws, his right of enjoyment to the common areas and facilities to  his tenants who reside on the property and to members of his family and  his guests.

Section 5. Taxes and Special Assessments on Common  Areas.  The Association shall have the right, power and authority to  collect such levies as part of the annual assessment, if such taxes and  special assessments are not collected by the governmental body for the  owners or paid by the owners to the governmental body when the same is  due and payable.

Section 6. Use of the Common Areas.  The common  areas shall be used strictly in accordance with the easements granted  thereon.  Except as herein provided, no owner shall obstruct or  interfere whatsoever with the rights and privileges of other owners in  the common areas and nothing shall be planted, altered, constructed upon  or removed by an owner from the common areas, except by prior written  consent of the Association.  If an owner shall violate this section, the  Association shall have the right to restore the common areas to its  prior condition and assess the cost thereof against the owner who  violated this section and such cost shall become a lien upon the unit of  such owner, which shall become due and payable upon demand.  The  Association shall have the same right and powers to collect the cost of  such restoration as provided in Article VI for the collection of  delinquent annual assessments.  If an owner interferes with the rights  and privileges of another owner in the use of the common areas, except  as herein provided, the Association or the owner may commence an action  to enjoin such interference and the prevailing party shall be entitled  to recover such reasonable attorneys' fees as the Court may allow  together with all necessary costs and disbursements incurred in  connection therewith.

ARTICLE V
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION

Section  1. Common Areas.  The Association, subject to the rights of the owners  set forth in this Declaration, shall be responsible for the exclusive  management and control of the common areas and all improvements thereon  and shall keep the same in good, clean, attractive and sanitary  condition, order and repair.

Section 2. Services.  The  Association may obtain and pay for the services of any person or entity  to manage its affairs, or any part thereof, to the extend it deems  advisable, as well as such other personnel as the Association shall  determine to be necessary or desirable for the proper operation of  Country Club Villas, whether such personnel are furnished or employed  directly by the Association or by any person or entity with whom or  which it contracts.  The Association may obtain and pay for legal and  accounting services necessary or desirable in connection with the  operation of Country Club Villas or the enforcement of this  Declaration.  The Association may arrange with others to furnish water,  trash collection, sewer service, lawn care, snow removal, landscaping  and other common services to each lot.

Section 3. Rules and  Regulations.  The Association may make reasonable rules and regulations  governing the use of the lots and the common areas, which rules and  regulations shall be consistent with the right and duties established in  this Declaration.

ARTICLE VI
ASSESSMENTS

Assessments  against the members shall be levied by a majority vote of the Board of  Directors of the Association and paid by the members to the Association  in accordance with the following provisions:

Section 1. Rate of Assessment.  Both annual and special assessments shall be fixed at a uniform rate for all lots.

Section  2. Excess monies.  Each member shall be liable for his share of common  expenses, and any common surplus shall be allocated to each lot.

Section  3. Annual and Projected Assessment Budget and Due Dates.  Annual  Assessment for common expenses for the calendar year and a projected  budget of expenditures which, in the good faith judgment of the Board,  are expected to be incurred within the next five (5) years shall be made  annually in advance on or before the second Monday in December of the  year preceding that for which the assessments are made, and special  assessments at such other additional times as in the judgment of the  Board of Directors, additional common expense assessments are required  for the proper management, maintenance and operation of the common  areas.  Annual assessments shall be due and payable in twelve (12) equal  monthly installments commencing on the first day of January and the  first day of each and every month thereafter.  If an annual assessment  is not made, there shall be an assessment in the amount of the last  prior annual assessment which shall be due and payable as above set  forth.

Section 4. Special Assessments for Capital Improvements.   In addition to the annual assessments authorized above, the Association  may levy, in any assessment year, a special assessment applicable to  that year only for the purpose of defraying, in whole or in part, the  cost of any construction, reconstruction, repair or replacement of a  capital improvement upon the Common Area, including fixtures and  personal property related thereto, provided that any such assessment  shall have the assent of two-thirds (2/3) of the votes of each class of  members who are voting in person or by proxy at a meeting duly called  for this purpose.  Such meeting shall be called for any assessment for  alterations or additions to improvements of the common areas which  involves an expenditure of One Thousand and No/100 ($1,000.00) Dollars  or more.  Written notice of any such meeting shall be sent to all  members not less than 30 days or more than 60 days in advance of the  meeting.  At the first such meeting called, the presence of members or  of proxies entitled to cast sixty percent (60%) of all the votes of each  class of membership shall constitute a quorum.  If the required quorum  is not present, another meeting may be called subject to the same notice  requirement, and the required quorum at the subsequent meeting shall be  one-half (1/2) of the required quorum at the preceding meeting.  No  such subsequent meeting shall be held more than 60 days following the  preceding meeting.

Section 5. Assessment Rolls.  The assessment  against all lots shall be set forth upon a roll of the lots which shall  be available in the office of the Associations for inspection at all  reasonable times by members or their duly authorized representatives.   Such roll shall indicate for each lot the name and address of the  members, the assessments for all purposes and the amount of all  assessments paid and unpaid.  A certificate made by the Association as  to the status of a member's assessment account shall limit the liability  of any person for whom such certificate is made.  The Association shall  issue such certificates to such persons as a member may authorize in  writing.

Section 6. Interest on Overdue Assessments.  Assessments  and installments thereof paid on or before thirty (30) days after the  date when due shall not bear interest, but all sums not paid on or  before thirty (30) days after the date when due shall bear interest at  the rat of six percent (6%) per annum from the date when due until  paid.  All payments upon account shall be applied first to interest and  then to the assessment payment first due.  All interest collected shall  be credited to the common expense account.  The Association may bring  action at law against the Owner personally obligated to pay the sum, or  may foreclose the lien against the property.

Section 7. Waivers  of Liability.  No member may exempt himself from the liability for his  contribution towards the common expenses by waiver of the use or  enjoyment of any of the common areas and facilities or by the  abandonment of his lot.

Section 8. Effect of Nonpayment of  Assessments.  All assessments, both annual and special, shall become a  lien upon the lot on the date they become due and payable.  Such lien  shall be subordinate to the lien of any first mortgage.

Such lien  may be foreclosed by action in like manner as a foreclosure by action  of a mortgage on real property.  The Association shall have the power to  bid in at foreclosure sale, and to hold, lease, mortgage and convey the  lot so acquired.  An action to recover a money judgment for unpaid  common expenses may be brought.

The sale or transfer of any lot  shall not affect an assessment, lien, provided, however, that the sale  or transfer of any lot pursuant to a mortgage foreclosure or any other  proceeding or arrangement in lieu of foreclosure of any such first  mortgage shall extinguish the lien of such assessments as to all  payments which become due prior to such sale or transfer unless such  unpaid assessments are expressly assumed by such new owner and any such  unpaid assessments shall thereupon be deemed common expenses and spread  over and become a lien on all lots in equal shares excluding the new  owner pursuant to such proceedings.

The purchaser at foreclosure  sale of a first mortgage of record and his successors in interest shall  upon expiration of the period of redemption, hold title to the lot free  and clear of any existing lien mortgage, and such purchaser and his  successors in interest shall not be personally liable for such  assessments.  Any such unpaid assessment shall thereupon be spread over  and become a lien on all lots in equal shares.

Section 9.  Governmental Assessments.  Developer shall not be liable for  governmental assessments such as annexation or water hookup attributable  to the project or portions thereof after developer has transferred his  interest to subsequent owners.

ARTICLE VII
COVENANTS FOR INSURANCE

Section  1. Maintenance of Insurance.  Any owner of any improved lot, by  acceptance of an interest, whether or not expressed, covenants to carry,  maintain and timely pay the premium or premiums on a policy of fire,  extended coverage, vandalism, and malicious mischief with all risk  endorsement insurance.  Said insurance is to cover at a minimum the  entire replacement cost of the improvement located at each such lot.

ARTICLE VIII
PARTY WALLS

Section  1. General Rules of Law to Apply.  Each wall built as part of the  original construction of the homes in Country Club Villas and placed on  the dividing line between the lots shall constitute a party wall and to  be extend consistent with the provisions of this Article, the general  rules of law regarding party walls and of liability for property damage  due to negligent or willful acts or omissions shall apply thereto.

Section  2. Share of Repair and Maintenance.  The cost of reasonable repair and  maintenance of a party wall shall be shared by the owners who make use  of the wall in proportion to such use.

Section 3. Destruction by  Fire or Other Casualty.  If a party wall is destroyed or damaged by fire  or other casualty, either owner who has used the wall may restore it,  and if the other owner thereafter makes use of the wall he shall  contribute to the cost of restoration thereof in proposition to such use  without prejudice, however, to the right of any such owner to call for a  larger contribution from the others under any rule of law regarding  liability for negligent or willful acts or omissions.

Section 4.  Weatherproofing.  Notwithstanding any provisions of this Article, any  owner, who, by his negligent or willful act, causes the party wall to be  exposed to the elements shall bear the whole cost of furnishing the  necessary protection against such elements.

Section 5. Right to  Contribution Runs with Land.  The right of any owner to contribution  from any other owner under this Article shall be appurtenant to the lot  and shall pass to such owner's successors in title.

Section 6.   Arbitration.  In the event of any dispute arising concerning a party  wall, or under the provisions of this Article, each party shall choose  one arbitrator and such arbitrator shall choose one additional  arbitrator and the decision of a majority of all the arbitrators shall  be final and conclusive of the question involved.

ARTICLE IX
ARCHITECTURAL CONTROL COMMITTEE

Review  by Committee.  From and after the completion of construction and sale  of any lot within Country Club Villas, no building, fence, wall or other  structure shall be commenced, erected or maintained upon such lot, nor  shall any exterior addition to or change or alternation therein be made  until the plans and specifications showing the nature, kind, shape,  height, materials and location of the same shall have been submitted to  and approved in writing as to harmony of external design and location in  relation to surrounding structures and topography by the Association or  by an architectural committee composed of three or more representatives  appointed by the Association.  In the event the Association fails to  approve or disapprove such design and location within thirty (30) days  after said plan and specifications have been submitted to it or in any  event if no suit to enjoin the addition, alteration or change has been  commenced prior to the completion thereof, approval will not be required  and this Article shall be deemed to have been fully complied with.  The  prevailing party in an action brought by the Association pursuant to  this Article shall be deemed entitled to recover from the other party  reasonable attorney's fees together will all necessary cost and  disbursements in connection therewith.

ARTICLE X
EXTERIOR AND INTERIOR MAINTENANCE

The  Association shall have the power to insist upon reasonable interior and  exterior maintenance of each lot.  In the event that such maintenance  is not done, the Association shall have the power to contract for such  maintenance and repair as it deems necessary to levy an assessment on  the owner for said maintenance.

ARTICLE XI
EASEMENTS

Section  1. Extent of Mutual Easements.  The title of a lot shall include an  exclusion easement on the adjoining lot or lots on areas occupied by  fireplaces, roof overhangs, air conditioning compressors, decks,  balconies, flower boxes, utility installation and other appurtenances,  which are part of the original construction of any improvement on a lot  or which are added pursuant to the provisions of Article IX hereof.  The  title of the adjoining lot or lots shall be subject to such easements.

Section  2. Other Rights and Obligations of the Association.  The Association,  subject to the rights of the owners as set forth in this Declaration,  shall be responsible for, and be vested with, the exclusive management  and control of the common areas and all improvements thereon, and shall  keep the same in good, clean, attractive and sanitary condition, order  and repair.

There shall be no obstruction of the common areas  except construction materials and equipment during the construction  period or except as specifically provided herein.  Nothing shall be  altered no, constructed on or removed from the common areas except upon  the prior written consent of the Association.

Nothing contained  in this Declaration shall be construed or deemed to constitute a  dedication, express or implied, or any part of the common areas to or  for any public use or purpose whatsoever.

ARTICLE XII
ADDITIONAL RESTRICTIONS

Section  1. Use of Lot.  No lot shall be used except for residential purposes  except that Developer shall be entitled to maintain model townhouses  upon the lots.

Section 2. Animals.  Animals shall be limited to  those whose size and temperament make them appropriate for household  confinement.  The number of such animals must be limited to that which  one might reasonably expect to be confined in a townhouse and all must  be confined therein.

Section 3. Signs.  No sign of any kind shall  be displayed to the public view on any lot, except that a "For Sale"  sign may be displayed except that Developer shall be permitted to erect  and maintain upon the properties such signs as it deems appropriate to  advertise the development until the Developer conveys the last lot.

Section  4. Trash.  Garbage, rubbish and trash shall not be kept on a lot except  in sanitary containers.  All incinerators or other equipment used or  kept for the storage or disposal of such material shall be kept in a  clean and sanitary condition.

Section 5. Activities.  No noxious  or offensive activities shall be carried on upon any lot nor shall  anything be done thereon which may be or may become an annoyance or a  nuisance to the neighborhood.

Section 6. Use of Other Structures  as Residence.  No structure of a temporary character, trailer, basement,  tent, shack, garage, barn or other building shall be used on any lot or  the common areas at any time as a residence either temporarily or  permanently.

Section 7. Broadcasting Receptors.  No television or  radio antennae or satellite dishes shall be erected or placed upon the  exterior of a lot.

Section 8. Clothes lines.  No clothes lines shall be permitted upon a lot.

Section  9.  Erection of Other Structures.  Each lot shall be used for  residential purposes only.  No improvement or structure whatever, other  than single family dwelling houses (or townhouses), together with any  garage, patio, or other structure accessory to the dwelling house and  approved by the Architectural Control Committee may be erected, place or  maintained.

Section 10. Outdoor Storage.  All sporting  equipment, toys, outdoor cooking equipment, (except permanent  installations), and other equipment and supplies necessary or convenient  to residential living shall be enclosed or shall be screened from  view.  The storage or collection or rubbish of any character whatsoever,  any material that emits foul or obnoxious odors, the growing of any  noxious weed or other natural substances, and the harboring of the  source of any noise or activity which disturbs the peace, comfort or  serenity of owners is prohibited.  No lot shall be used for the storage  of materials not customary to or necessary and convenient for  residential living.

Section. 11. Vehicles.  No outside vehicles other than passenger vehicles may be kept on the premises.

Section 12. Plantings.  All plantings, including gardens must be approved by the Architectural Control Committee.

ARTICLE XIII
GENERAL PROVISIONS

Section  1. Duration.  The easements created hereby shall be permanent and the  covenants and restrictions contained in this Declaration shall run with  and bind the land and shall inure to the benefit of and be enforceable  by the Association or the owner of any lot subject to this Declaration,  their respective legal representatives, heirs, successors and assigns,  for a term of twenty (20) years from the date this Declaration is  recorded, after which time said covenants and restrictions shall be  automatically renewed for successive periods of ten (10) years.

Section  2. Amendments.  This Declaration shall not be amended unless not less  than fifty-one percent (51%) of the members and not less than fifty-one  percent (51%) of the mortgagees of record agree to such amendment.

Section  3. Notices.  Any notice required to be sent to any member or owner  under the provisions of this Declaration shall be deemed to have been  properly sent when mailed postpaid to the last known address of the  person who appears as member or owner on the records of the Association  at the time of such mailing.

Section 4. Enforcement.  Enforcement  of these covenants and restrictions shall be by any proceeding at law  or in equity against any person or persons violating or attempting to  violate any covenant or restrictions either to restrain violation or to  recover damages and against the land to enforce any lien created by  these covenants; and failure by the Association or by any owner to  enforce any covenant or restriction herein contained shall in no event  be deemed a waiver of the right to do so thereafter.

Section 5.  Document Language.  The singular shall be deemed to include the plural  wherever appropriate, and unless the context clearly indicates to the  contrary, any obligations of the owners or members shall be joint and  several except where the context otherwise requires.

Section 6.   Severability.  Invalidation of any of these covenants or restrictions by  judgment or Court order shall in nowise effect any other provision  which shall remain in full force and effect.

IN WITNESS WHEREOF,  the undersigned being the Developer, Wynn Gustafson, has executed this  instrument as to the day and year first above written.

_S/ Wynn Gustafson__________

STATE OF MINNESOTA)
                                           )  ss.
COUNTY OF STEARNS )

On  this __18th_____ day of _December__, _1989______, before me, a Notary  Public within and for said County, personally appeared, Wynn Gustafson,  to me known to be the person described in and who executed the foregoing  instrument and acknowledged that he executed the same as his free act  and deed.

_S/ Kendall D. Dahlquist___________
Notary Public

THIS INSTRUMENT WAS DRAFTED BY:

Kalenda & Michalski
Robert L. Kalenda
Germain Court, Suite 2000
919 West St. Germain Street
P.O. Box 902
St. Cloud, MN  56302

CONSENT AND JOINDER

Lancewood,  Inc., a Minnesota corporation, the fee owner of the property described  in the attached Declaration, referred to as" Country Club Villas  Declaration of Covenants, Conditions, and Restrictions" dated December  18, 1989 is the vendor of a Contract for Deed transferring this property  under terms and conditions stated in said Contract to the developer and  herewith consents and joins in this Declaration as written and  executed.

_S/ Roger D. Poganski, President, Lanceweed, Inc.____________
Subscribed and sworn to before me
this __5th___ day of _April_____, __1990____.

___S/ Lori A. Hjort_________________________
Notary Public

This is a true and exact copy of the governing document.