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NOW, THEREFORE, the Declaration is hereby amended as follows: <br />I. Section 17.5 is hereby deleted and replaced by the following: <br />17.5. Control of Association. To control the operation and administration of the <br />Association, including without limitation the power to appoint and remove the members of the <br />Board until the earliest of: (i) voluntary surrender of control by Declarant, (ii) an Association <br />meeting which shall be held within sixty (60) days after conveyance to. Owners other than a <br />Declarant of ninety percent (90 %) of the total number of Lots authorized to be included in the. <br />Property or (iii) the date ten (10) years following the date of the first conveyance of a Lot to an <br />Owner other than a Declarant. Notwithstanding the foregoing, the Owners other than a <br />Declarant shall have the right to nominate and elect not less than thirty-three and one-third <br />percent (33 1/3 %) of the directors at a meetingof the Owners which shall be held within sixty <br />(60) days following the conveyance by Declarant of fifty percent (50%) of the total number of <br />Lots authorized to be included in the Property. <br />IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed the day <br />and year first set forth. <br />STATE OF MINNESOTA. <br />COUNTY OF <br />HILLARY FARM HOMEOWNERS ASSOCIATION <br />) ss, <br />) <br />By: <br />Its: <br />The foregoing instrument was acknowledged before me this day of <br />2008, by , the of the Association. <br />Notary Public <br />P:11-1omc12400.054\Amendment to Dec1aration\AMENDMENTTO DECLARATION,doc <br />