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<br />May-29-97 12:39P st;llwater MN <br /> <br />612 430 8430 <br /> <br />P.04 <br /> <br />hereby makes the following declaration to the Minnesota Common Interest Ownership Act, <br />Minnesota Statutes Section 51 5B.l-l 0 I to 515B.4-118 (hereinafter the "Act") as to divisions, <br />covenants, restrictions, limitations, conditions and uses to which the above-described real property <br />and improvements thereon above described, consisting of one structure (hereinafter, "Building") <br />containing two (2) separate Units (as that tenn is later defined), and other appurtenances, may be put, <br />hereby specifying that said Declaration shall constitute covenants which shalJ run with the land and <br />shall be binding on the Declarant, its successors and assigns, and all subsequent owners of all or any <br />part of said real property and improvements, together with their grantees, successors, heirs, <br />executors, administrators, devisees or assigns. <br /> <br />Terms not otherwise defined herein shall have the meaning ascribed to them in the Act. <br /> <br />ARTICLE I <br /> <br />CREATION OF UNITS AND COMMON ELEMENTS <br /> <br />Section 1. Establishment of CIC. The Declarant, in order to establish a plan of CIC <br />ownership for the above-described Property and improvements thereon hereby covenants, agrees and <br />declares that it hereby divides the Property and improvements therein into separate parcels of real <br />estate, within the meaning of Section 515B .1-1 03 of the Act, and that such CIC division of such <br />Property and improvements shall hereafter be known as Southwind ofRoseville, CIC Number_ <br />(hereinafter "CIC") and such CIC division shall be upon the terms and conditions hereinafter set <br />forth: <br /> <br />(a) UNITS. Each separately described Lot on the CIC Plat shall constitute a Unit <br />(hereinafter "Unit" or "Lotlf). Unit boundaries of Units shall be the boundary line as <br />designated on the CIC Plat. AU Units shall be restricted to residential use. <br /> <br />(b) COMMON ELEMENTS. The common elements (hereinafter "Common <br />Elements") shall mean all portions of the CIC other than the Units. <br /> <br />(c) LIMITED COMMON ELEMENTS. A portion ofthe Common Elements <br />is hereby set aside and allocated for the exclusive use of one or more but fewer <br />than all of the Units, in the manner set forth hereinafter in this Declaration, said <br />areas to be known as "Limited Common Elements". The Limited Common <br />Elements allocated for the exclusive use of the respective Units are as follows: <br />Those set forth in the Minnesota Statutes Section 515B.2-102(f). <br /> <br />Section 2. CIC Not Subject to Conversion Ordinance. The CIC is not subject to any <br />ordinance provided for in Section 515B. 1- 106 of the Act relative to the conversion of buildings <br />to CIC ownership. <br /> <br />2 <br />