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COMMON INTEREST COMMUNITY NUMBER ____ _ _ <br /> (Planned Community) _ <br /> TRAIL VIEW TOWNHOUSES <br /> DECLARATION OF COVENANTS,CONDITIONS, <br /> RESTRICTIONS AND EASEMENTS <br /> This Declaration of Covenants,Conditions,Restrictions and Easements(the"Declaration")is made <br /> in the County of Crow Wing,State of Minnesota,on this day of Sq mrber,2002, by Carl J. <br /> Smith, Jr., and Colleen V. Smith (the "Declarant"), and First National Bank of Deerwood <br /> ("Mortgagee"), pursuant to the provisions of Minnesota Statutes Chapter 515B, known as the <br /> Minnesota Common Interest Ownership Act(the "Act"), for the purposes of creating White Pine <br /> Villas,a planned community. <br /> RECITALS <br /> A. Declarant is the owner of certain real property located in Crow Wing County, <br /> Minnesota,legally described in Exhibit'A" attached hereto and Declarant desires to submit said <br /> real property and all improvements thereon(collectively the"Property")to the Act. <br /> B. Declarant desires to establish on the Property,and any additional real estate added <br /> thereto,a plan for a permanent residential resort community to be owned,occupied and operated for <br /> the use;health,safety and welfare of its Owners and Occupants,and for the purpose of preserving <br /> the value,the amenities,the structural quality,and the original architectural and aesthetic character, <br /> of the Property. <br /> C. The Property is not subject to an ordinance referred to in Section 515B.1-106 of the <br /> Act,governing conversions to common interest ownership,and is not subject to a master association <br /> as defined in the Act. <br /> D. It is Declarant's intention that yoga will be a'Planned Community'as <br /> that term is defined in the Act <br /> E. Declarant has incorporated Tall VNW THomeowner's Association,Inc.,under <br /> the laws of the State of Minnesota as a non-profit corporation for the purpose of acting as the <br /> association with the duty and power of maintaining,administering and enforcing the covenants and <br /> restrictions, and collecting and enforcing the assessments and charges hereinafter created and <br /> imposed. <br /> THEREFORE,Declarant makes this Declaration and submits the Property to the Act as a <br /> planned community under the name ";11 MOrTOWAOURS initially consisting of the Units referred <br /> to in Section 2 and declaring that this Declaration shall constitute covenants to run with the Property, <br /> 1 <br />