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petition under Minn. Stat. Section 428A.08 for the creation of a special service district ("SS District") that would include one or more of the Benefited Properties unless each Affiliated Entity that owns a Benefitted Property that would be included in the SS District provides the HRA with its prior, written consent to the HRA, and (ii) if any other property owners file a petition for the creation of a SS District that would include all or any portion of the Burdened Property and all or any portion of one or more of the Benefited Properties, the HRA will, upon the written request of any Affiliated Entity who owns Benefited Property that would be included in the SS District, join with that Affiliated Entity in the execution and filing of an objection to the adoption of the special service district ordinance in accordance with Minn. Stat. Section 428A.09. 2. Run With Title. The covenants and restrictions set forth in this Declaration run with title to the Burdened and Benefited Properties and inure to the benefit of and are binding upon all owners of the Burdened and Benefited Properties, their heirs, personal representatives and successors in title for a period of twenty five (25) years following the date this Declaration is recorded in the Anoka County land records; provided, however, this Declaration will not be binding on the HRA's successor's in title to the portion of the Burdened Property described on Exhibit C. 3. Enforcement. The HRA and Affiliated Entities have the right to enforce the terms of this Declaration in a legal or equitable action brought in a court of competent jurisdiction, and the prevailing party in any such action is entitled to recover from the opposing party the prevailing party's attorney's fees and costs. No waiver by either party of any default under this Declaration shall be effective or binding upon such party unless made in writing. No waiver of any default shall be deemed a waiver of any other or subsequent default hereunder. 4. Amendment. This Declaration may be amended with the consent of all owners of the Burdened and Benefitted Property; provided, however, that the owner(s) of all or any portion of the Burdened Property and the owner(s) of all or any portion of the Benefited Property may amend this Declaration to extinguish the rights of the owners of the Benefitted Property who sign the amendment, and their successors in title, to enforce this Declaration against all or any portion of the Burdened Property. 5. Counterparts. This Declaration may be executed in multiple counterparts, each of which will be deemed an original and all of which shall constitute one agreement. Signatures to any counterpart shall be deemed to be signatures to, and may be appended or attached to, any other counterpart. 6. Headings. The headings of Sections in this Declaration are for convenience only. They form no part of this Declaration and shall not affect its interpretation. All schedules, exhibits, addenda or attachments referred to are incorporated and made a part of this Declaration. 7. Integration. This Declaration sets forth the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements, whether written or oral. I-2 4517963v7