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WHEREAS, the Property is not subject to an ordinance referred to in Minn. Stat. § S15B.1-106 governing conversions to common interest ownership and is not subject to a master association as defined in the Act; NOW, THEREFORE, this Second Amended Declaration ("Declaration") is made this day of , 2007, and shall constitute covenants to run with the Property, and the Property shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth herein, all of which shall be binding upon all Persons owning or acquiring any right, title or interest therein, and their heirs, personal representatives, successors and assigns. SECTION 1 DEFINITIONS The following words when used in the Governing Documents shall have the following meanings (unless the context indicates otherwise): 1.1 "Act" means the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter S 15B, as amended now and in the future. 1.2 "Assessments" means and refers to all assessments levied by the Association pursuant to Section 6 of this Declaration. 1.3 "Association" means Westwood Village Homeowners Association, a nonprofit corporation which has been created pursuant to Minnesota Statutes Chapter 317A and Section S15B.3-101 of the Act, whose members consist of all Owners. 1.4 "Board" means the Board of Directors of the Association as provided for in the Bylaws. 1.5 "Bylaws" means the Bylaws governing the operation of the Association, as amended from time to time. 1.6 "City„ means the City of Roseville, Minnesota. 1.7 "Common Elements" means all parts of the Property including all improvements thereto, except the Units. The Common Elements are legally described in Exhibit B attached hereto. 1.8 "Common Expenses" means all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including Assessments and items otherwise identified as Common Expenses in the Declaration or Bylaws. 2