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70 <br />EXHIBIT D <br />SECOND AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS <br />AND LAND USE RESTRICTION AGREEMENT <br />THIS SECOND AMENDMENT TO DECLARATION OF RESTRICTIVE <br />COVENANTS AND LAND USE RESTRICTION AGREEMENT (this "Second <br />Amendment") is made this day of 2012, by Autumn Woods Partners <br />Limited Partnership, a Minnesota limited partnership ("Declarant"). <br />All capitalized terms used in this Second Amendment have the meanings given to <br />those terms in the Declaration (as defined below) unless the context or use herein clearly <br />indicates a different meaning. <br />RECITALS: <br />WHEREAS, on July 30, 1992, Saint Anthony Village, Minnesota, a Minnesota <br />statutory city (the "City") issued its $9,000,000 Multifamily Development Refunding <br />Revenue Bonds, Series 1992 (Autumn Woods Project) (the "Series 1992 Bonds"), and in <br />connection thereto Declarant and the City entered into a Declaration of Restrictive <br />Covenants and Land Use Restriction Agreement, dated as of July 1, 1992, recorded on <br />August 6, 1992 with the County Recorder in and for I lennepin County, Minnesota, as <br />Document No. 5952082 (the "Original Declaration"); <br />WHEREAS, pursuant to that certain First Amendment to Declaration of <br />Restrictive Covenants and Land Use Restriction Agreement, dated as of May 1, 2002, <br />recorded on June 4, 2002 with the County Recorder in and for Hennepin County, <br />Minnesota, as Document No. 7741403 (the "First Amendment" and together with the <br />Original Declaration, the "Declaration") the City agreed to issue Variable Rate Demand <br />Multifamily Housing Revenue Refunding Bonds (Autumn Woods Project), Series 2002, <br />pursuant to a Trust Indenture dated as of May 1, 2002, between the City and U.S. Bank <br />National Association, as trustee, the proceeds of which were used to redeem the <br />outstanding principal amount of the Series 1992 Bonds; <br />WHEREAS, the parties hereto wish to make certain amendments to the <br />Declaration which relates to the real property legally described on Exhibit A attached <br />hereto and made a part hereof (the "Property'); <br />WHEREAS, the Declaration contained certain covenants and restrictions in <br />Sections 2, 3 and 4 thereof which were intended to run with the land and be binding upon <br />Declarant, its successors and assigns (the "Covenants'). <br />NOW, THEREFORE, for One Dollar and other good and valuable <br />consideration, Declarant hereby agrees as follows: <br />5. Section 5 of the Original Declaration is hereby amended to add the following thereto: <br />D-1 <br />