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• <br />r <br />(Above Space Reserved for Recording Data) <br />COMMON INTEREST COMMUNITY N0.727 <br />a Planned Community <br />WESTWOOD VILLAGE <br />SECOND AMENDED DECLARATION <br />WHEREAS, BAN-CON, INC., a Minnesota corporation, (the "Developer") <br />executed that certain Declaration of Covenants, Conditions and Restrictions on December <br />6, 1968, and recorded the same in the office of the County Recorder of Ramsey County, <br />Minnesota, on January 6, 1969, as Document No. 1742654; and <br />WHEREAS, the Developer and the lot owners executed that certain Amendment <br />of Declaration of Covenants, Conditions and Restrictions (the "Amended Declaration") <br />dated October 16, 1969, and recorded the same in the office of the County Recorder of <br />Ramsey County, Minnesota, on November 7, 1969, as Document No. 1762029, to replace <br />the declaration; and <br />WHEREAS, the real property subject to the Amended Declaration together with <br />all improvements thereon (collectively the "Property"), constitutes a planned community <br />as defined in Minn. Stat. § S15B.1-103; and <br />WHEREAS, the lot owners and mortgagees desire to subject the planned <br />community to Minnesota Statutes Chapter S 15B, known as the Minnesota Common <br />Interest Ownership Act (the "Act"), pursuant to Minn. Stat. § S15B.1-102(d); and <br />WHEREAS, the lot owners and mortgagees desire to amend and replace the <br />Amended Declaration with this Second Amended Declaration in order to establish a plan <br />consistent with the Act for a permanent residential community to be owned, occupied and <br />operated for the use, health, safety and welfare of its resident Owners and Occupants, and <br />for the purpose of preserving the value, the physical quality, and the architectural <br />character of the Property; and <br />