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1 <br /> EXHIBIT D <br /> CERTIFICATE OF COMPLETION 411 <br /> WHEREAS, the City of Elk River, Minnesota (the "Grantor"), a municipal corporation <br /> and politic subdivision of the State of Minnesota, by a Deed recorded in the Office of the County <br /> Recorder or the Registrar of Titles in and for the County of Sherburne and State of Minnesota, as <br /> Deed Document Number , has conveyed to MetroPlains Development, <br /> LLC, a Minnesota limited liability company (the "Grantee") in the County of Sherburne and <br /> State of Minnesota, the following legally described property to wit: <br /> See Attached Exhibit A <br /> and <br /> WHEREAS, said Deed incorporated and contained certain covenants and restrictions set <br /> forth in an Development Agreement dated December , 2004 executed by and between the <br /> Grantor and the Grantee (the "Development Agreement"); and <br /> WHEREAS, the Grantee has to the present date performed said covenants and <br /> conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the <br /> execution and recording of this certification; <br /> NOW, THEREFORE, this is to certify that construction of the Minimum Improvements <br /> specified to be done and made by the Grantee have been completed and the above covenants of di <br /> the Grantee and conditions in said Development Agreement with respect to the construction of <br /> the Minimum Improvements have been performed by the Grantee, and the County Recorder or <br /> the Registrar of Titles in and for the County of Sherburne and State of Minnesota is hereby - <br /> authorized to accept for recording and to record the filing of this instrument, to be a conclusive <br /> determination of the satisfaction of the obligations of the Grantee with respect to the construction <br /> of the Minimum Improvements. Any remaining obligations under the Development Agreement <br /> shall be solely contractual obligations of the Grantee, its successors and assigns under the <br /> Development Agreement, shall not run with nor be a lien against the Property and no owner of a <br /> housing unit shall be obligated under the Development Agreement. <br /> • <br /> 41) <br /> • <br /> 1674205v8 D-1 <br />