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CC PACKET 11222016
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CC PACKET 11222016
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15. AMENDMENT. This Agreement may not be modified, rescinded, limited, <br />amended or enlarged except by a written agreement signed by all of the Owners of the Lots at the <br />time of such amendment whose interests are of record and the holder at the time of such <br />amendment of any mortgage interest of record (a “Mortgage”) encumbering any of the Lots (a <br />“Mortgagee”). <br />16. INTERPRETATION OF AGREEMENT. The rule of strict construction shall not <br />apply to the easements granted in this Agreement or to the covenants set forth herein. This <br />Agreement shall be given a reasonable construction so that the intention of the Owners to confer <br />reasonably usable benefits and reasonably enforceable obligations are carried out. <br />17. NOTICE. Any notice to be given hereunder shall be in writing and will be <br />regarded as effective (i) three (3) days after mailing of such notice certified or registered mail, <br />return receipt requested and postage prepaid; (ii) on the date the notice is delivered, or attempted <br />to be delivered if refused, by a reputable overnight delivery service with proof of delivery or <br />refusal; or (iii) immediately upon personal delivery, or attempted to be delivered if refused, and <br />addressed to the party to receive the notice at the address last provided or to such last address as <br />known by the person sending such notice. If an Owner has not provided its address for notices to <br />any other Owner desiring to give notice to such Owner, then the notice shall be addressed to the <br />persons identified in the Hennepin County real estate tax records as the owner and taxpayer of <br />the Lot owned by the Owner that has not provided its address, using the addresses shown for <br />such owner and taxpayer by such records. Any Owner, or their successors, may file written <br />notice of change of address with the other. <br />18. MORTGAGE SUBORDINATE. Any Mortgage affecting any Lot shall at times <br />be subject and subordinate to the terms of this Agreement and any person foreclosing any such <br />Mortgage, or acquiring title by reason of a deed in lieu of foreclosure, shall acquire title to the <br />property affected thereby subject to all of the terms of this Agreement. <br />19. ESTOPPEL CERTIFICATES. At any time, and from time to time, within twenty <br />(20) days after written request is made by an Owner or its designee or Mortgagee for a certificate <br />as to the matters hereinafter described (“Requesting Owner”) the then other Owners of all Lots <br />shall execute and deliver to the Requesting Owner (or such designee or Mortgagee) a written <br />certificate certifying that this Agreement is unmodified and in full force and effect (or if there <br />have been modifications, that it is in full force and effect as modified) and that to the knowledge <br />of such Owner there exists no default under this Agreement or circumstances which with the <br />passage, of time would result in the existence of such a default, other than as specified therein. <br />Failure to deliver such a certificate within the said twenty (20) day period shall have the same <br />force and effect as if the Owner failing to so deliver the certificate had executed the certificate in <br />the form in which it was presented by the Requesting Owner (or such designee or Mortgagee). <br />20. USE RESTRICTIONS. No building within the Shopping Center shall be used as <br />a bowling alley, skating rink, bingo or billiard parlor, nightclub or any operation whose primary <br />purpose is selling alcohol for on-site consumption (as opposed to a restaurant and market with a <br />liquor license, which is expressly permitted), liquor store (except a municipally-owned liquor <br />store), flea market, theatre, video arcade, a so-called “off-track betting” operation, or a store <br />specializing in the sale of drug paraphernalia or for the display of pornographic materials. Retail <br />51
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