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<br /> NOW, THEREFORE, Declarants do hereby declare as follows: <br /> <br /> 1. No building or any structure shall be constructed on Parcel B. <br /> <br /> 2. Parcel B shall not be further subdivided. <br /> <br /> 3. Parcel B shall remain undeveloped. <br /> <br /> 4. This Declaration may only be amended, modified or supplemented by the combined <br />written approval of the City and the Declarants. <br /> <br /> 5. Declarants and/or the City shall have the right to enforce the provisions of this <br />Declaration through any proceedings, at law or in equity, against any person or persons violating, or <br />attempting to violate, the provisions of this Declaration, either to prevent such violation or breach or to <br />recover damages for such violation or breach. <br /> <br /> 6. The restrictions contained herein shall be deemed and construed to be continuing and no <br />waiver of any breach of any of such restrictions shall be construed to be a waiver of any other breach of <br />the same, nor shall failure to enforce the restrictions contained herein be construed as a waiver of such <br />restrictions. <br /> <br /> 7. The covenants and restrictions set forth in this Declaration shall run with the land, shall <br />be recorded with Sherburne County against the title to Parcel B, and shall be binding upon and inure to <br />the benefit of the City and the Declarant named herein, their successors, heirs, and assigns, and any <br />other person or entity at any time hereafter who shall become the owner of the Parent Parcel. <br /> <br /> IN WITNESS WHEREOF, Declarant has made this Declaration as of the date and year first <br />above written. <br /> <br /> <br /> DECLARANTS: <br /> <br /> _________________________________ <br /> Eric Rudolph Toth <br /> <br /> <br /> _______________________________ <br /> Elizabeth Ann Toth <br /> <br /> <br /> <br /> <br />212011v3 2 <br /> <br />