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FIRST AMENDMENT <br />TO <br />IIILLARY FARM <br />DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS <br />This First Amendment to the Hillary Farm Declaration of Covenants, Conditions and <br />Restrictions (the "Amendment") is made in the County of Ramsey, State of Minnesota, on this <br />day of , 2008, by Hillary Farm Homeowners Association, a Minnesota nonprofit <br />corporation (the "Association"). <br />WHEREAS the Declaration of Covenants, Conditions and Restrictions for Hillary <br />Farms was executed on the 19`h day of March, 2005 (the "Declaration") by Hillary Farm, LLC, a <br />Minnesota limited liability company (the "Declarant"), and recorded on the 13th day of April, <br />2005, in the office of the County Recorder, Ramsey County, State of Minnesota as Document. <br />No: 3848115; and <br />WHEREAS, Section 15 of the Declaration provides that the Declaration may be. <br />amended by the approval of the Members to which are allocated at least 67% of the total votes of <br />the Association; and <br />WHEREAS, Members of the Association holding at least 67% of the total votes of the <br />Association desire to amend the Declaration and approve this Amendment; and <br />WHEREAS, Sections 15 and 16 of the Declaration require the written consent of <br />Eligible Mortgagees representing at Least 51% of the Lots that are subject to first mortgages held <br />by Eligible Mortgagees for any amendment to the Declaration which causes any change in voting <br />rights; and. <br />WHEREAS, written consent to the Amendment has been received by Eligible <br />Mortgagees representing at least 51% of the Lots that are subject to first mortgages held by <br />Eligible Mortgagees; and <br />WHEREAS, Sections 15 and 17 require the written consent of the Declarant for any <br />amendment to the Declaration which affects Declarant's rights thereunder; and <br />WHEREAS, written consent to the Amendment has been received from the Declarant; <br />and. <br />WHEREAS, Section 15 of the Declaration requires the consent of the City of Gem Lake <br />for any amendment to the Declaration; and. <br />WHEREAS, written consent to the Amendment has been received from the City of Gem <br />Lake; and <br />WHEREAS, an affidavit of the Secretary of the Association certifying the outcome of <br />the Member vote and the execution of the written consents of the Eligible Mortgagees, the City <br />of Gem Lake and the Declarant is attached as Exhibit A. <br />