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<br /> <br />EXHIBIT D <br /> <br />CERTIFICATE OF COMPLETION <br /> <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 /> <br />See Attached Exhibit A <br /> <br />and <br /> <br />WHEREAS, said Deed incorporated and contained certain covenants and restrictions set <br />forth in an rAm ended and Restated1 Development Agreement dated December _, 2004 <br />r .20051 executed by and between the Grantor and the Grantee (the "Development <br />Agreement"); and <br /> <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 /> <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 <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 ofthe 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 />I 824344vRED V2 to VI; 10/12/05 <br /> <br />D-l <br />