STONEBROOKE HOMEOWNERS ASSOCIATION, INC. AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE ZWEBER FARM ADDITIONS

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1 STONEBROOKE HOMEOWNERS ASSOCIATION, INC. AMENDED RESTATED DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS FOR THE ZWEBER FARM ADDITIONS DAKOTA COUNTY, MINNESOTA THIS INSTRUMENT WAS DRAFTED BY: Hellmuth & Johnson, PLLC 8050 West 78th Street Edina, MN (952)

2 STONEBROOKE HOMEOWNERS ASSOCIATION, INC. AMENDED RESTATED DECLARATION THIS AMENDED RESTATED DECLARATION is executed as of this day of, 2011, by Stonebrooke Homeowners Association, Inc., a Minnesota non profit corporation ( Association ). WITNESSETH: WHEREAS, the original Declaration of Covenants, Conditions and Restrictions for The Zweber Farm Additions was filed of record November 12, 1997, in the office of the Recorder, Dakota County, Minnesota, as Document Number , and amended from time to time thereafter (collectively the Original Declaration ); WHEREAS, the real property which is held, transferred, sold, conveyed and secured subject to the Original Declaration is located in the County of Dakota, State of Minnesota and is legally described on Exhibit A, which is attached hereto and made a part hereof; WHEREAS, the Association obtained consent of the Owners of the Association, in accordance with the Association s governing documents, to amend the Original Declaration as set forth hereafter; WHEREAS, paragraph 14 of the Original Declaration provides that the Original Declaration may be amended by a written document signed by eighty percent (80%) of the Owners; WHEREAS, the Association has secured the written consent of at least eighty percent (80%) of the Owners. NOW THEREFORE, the Association hereby amends and restates the Original Declaration as set forth hereafter. SECTION 1 DEFINITIONS 1. Definitions: For the purposes of brevity and clarity, the following words shall have meanings as follows: a. Lot means any lot shown on the recorded plat of Zweber Farm Additions and any lot created in the future on any of the Outlots shown on said plat or by combining parts of existing lots. b. Lot Owner means the record fee owner. If the land is sold on a Contract for Deed, the contract vendee is the owner. If the land is subject to a life estate, the life tenant is the owner. c. Boulevard means land that is owned by the City, County, and/or State and is located between the curb and the lot. -2-

3 d. Association means the Stonebrooke Homeowners Association, Inc., comprising all the lots and Outlots that will be platted from the Zweber Farm. e. City means the City of Lakeville, and shall include all of its Ordinances and Rules that have been adopted for its Governance. 2. Residential Use Only Nuisance: No lot shall be used for other than residential purposes. No obnoxious, annoying or offensive activity shall be allowed on any lot nor shall any activity be allowed which may be a nuisance to the neighborhood. 3. Structures: Each structure on each lot shall conform to the following: a. Residential: No residential structure shall be allowed on any lot other than one detached single family dwelling per lot, not exceeding two stories high above the entrance level. The square footage of the ground floor of the main structure, exclusive of open porches and garages, shall not be less than 1800 square feet for a one story or bilevel home nor less than 1000 square feet per floor for a two story home for the Charter Series Homes in the First Addition. For the Presidential Series Homes the minimum square footage for a one story or bi-level home is 1170 square feet, and not less than 1430 square feet for a two story home. b. Garage: The garage shall be at least 400 square feet in area and shall be directly attached to the residential dwelling. c. Harmony: Any structures on a lot, including porches and enclosures connecting the garage to the dwelling, must have similar design, materials, color, and workmanship to the main structure. No free standing storage sheds will be allowed on any lot. d. Temporary Structures: No trailer, tent shack, garage, barn, out-building, or temporary structure shall be used or occupied for a temporary or permanent residence. e. Garbage Receptacles or Burners: No outside incinerators, trash burners, or garbage receptacles shall be allowed on any lot. Outdoor barbecues and fireplaces shall be allowed if they are not used to store or burn trash. f. Unfinished Structures: All structures shall be completely finished on the exterior within nine (9) months of commencement of the excavation of the structure. No building which is not completely finished on the exterior shall be occupied as a residence. g. Fences: No fences will be allowed in front yards and any fences that are installed in back yards will be of vinyl coated chain link construction. In the case of swimming pools, a privacy fence will be allowed. All fencing must conform to City ordinances. 4. Sodding: The entire lot, front to back, side to side, and adjacent boulevard from the curb to the property line, shall be sodded within sixty (60) days after the dwelling is occupied. The entire boulevard shall be sodded to the lot corners. If weather does not permit sodding within that time, the sodding shall be done as soon as the weather permits. If part of the lot is wooded, then that part may be left in its natural state. -3-

4 5. Animals: No animals of any kind may be raised, bred, or kept on any lot (i.e., kennels, outbuildings). Dogs, cats or other household pets are allowed if they are not kept for commercial purposes and are housed in the main dwelling or garage. 6. Easements: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of the utilities, which may obstruct or retard the flow of water through drainage channels, or which may change the direction of flow or drainage in the easements. The easements area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. 7. Signs: No signs shall be allowed on any lot except that one sign at a time is allowed for the purpose of selling and promoting the sale of the lot and structures. The sign shall not be illuminated and shall not exceed six (6) square feet in area. A sign shall not be higher than four (4) feet above grade unless attached to the residential structure. No sign shall be placed on the roof or extend above the eaves of the roof. 8. Erosion Control: It is the responsibility of the lot owner to maintain the erosion control devices in existence until turf is established. Erosion, including damage to adjacent lands that occurs after the home is built and the buyer takes possession or ownership is transferred, whichever is first, is the responsibility of the person owning the lot when the erosion occurs. 9. Maintenance of Boulevard: The City and/or Declarant, do not maintain the boulevards in front of the lots; accordingly, such maintenance is the responsibility of the affected and adjacent lot owners. 10. Entrance Monuments or Other Common Neighborhood Improvements: The entrance monuments and its landscaping have been placed on Outlots that are platted to benefit all the platted lots. If any costs for repair or maintenance of the entrance monuments or other common areas are incurred, the total expenditures will be paid by the Association in the Zweber Farm Additions, and such future lots that are platted into the Zweber Farm Additions and their neighborhoods. The landscaping and plantings that are placed on the platted lots will be maintained by the Lot Owners. 11. Park Boundary Markers: Lots that abut the City Parks have a post marking the park boundaries. The Lot Owner of these lots will not remove the post and will not encroach on the City Park Land. 12. Covenants to Run with the Land: The covenants shall run with the land and shall be binding on all parties to this Declaration and all persons claiming under them for a period of thirty (30) years from the date the covenants are recorded, after which said covenants shall be automatically extended for successive periods of then ten (10) years, unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part. For the purposes of determining the majority of owners pursuant to this paragraph a registered abstractor stating the ownership of each parcel may be record and be prima facia evidence of the ownership of the subject lots. -4-

5 13. Severability: If any terms, covenants, provisions, or any portion of this instrument is held to be invalid or unenforceable for any reason, such determination shall not be deemed to alter, affect, or impair any other portion of this instrument. 14. Amendment: This Declaration may be amended by a written document signed by eighty percent (80%) of the lot owners. Each lot shall have one vote. An amendment to this Declaration shall be effective on recording with the County Registrar of Titles. An owners report by a registered abstractor shall be prima facia evidence of the lot ownership for purposes of amendments to this Declaration. 15. Personal Obligation; Assessment Lien. Each Owner of a Lot, by acceptance of a deed or other conveyance therefor, whether or not it shall be so expressed therein, shall be and is deemed to covenant and hereby agrees to pay to the Association; (a) annual assessments or charges, which shall be payable in regular installments, to fund the costs related to the maintenance obligations of the Association as more fully described in the Declaration, and such other expenses such as liability and hazard insurance as the Board may determine, in its reasonable discretion, are a necessary expense of the Association. Any assessments authorized herein, together with interest, costs and reasonable attorneys fees, shall be a continuing lien from the first day of January against the Lot assessed. Such annual assessments shall be due and payable in annual, semi-annual, quarterly or monthly installments, at the discretion of the Board. Each assessment, together with interest, costs and reasonable attorneys fees, also shall be the personal obligation of the person who was the Owner of such Lot on the date said assessment became due and payable. Said personal obligation of an Owner shall not pass to his successors in title or interest unless expressly assumed by them or unless, prior to such transfer, a statement of lien for such assessments shall have been filed in writing with the County Recorder for Dakota County, Minnesota. No Owner shall escape liability for the assessments which fell due while he was the owner by reason of non-use, transfer or abandonment of his Lot. 16. Nonpayment of Assessments. Any assessments which are not paid when due shall be deemed delinquent. In the event of a default of more than thirty (30) days in payment of any assessment or installment thereof, the Association s Board of Directors may accelerate the remaining installments of the assessment due in the current assessment year upon ten (10) days written notice thereof to the Owner, and thereupon the entire unpaid balance of the assessment with all accrued interest and penalties shall become due and payable upon the date stated in the notice. If an annual, semi-annual, quarterly or monthly assessment is not paid by the tenth (10 th ) day of the month when it is due, the Board of Directors may assess a service charge in an amount determined by the Board of Directors, and such shall become a continuing lien in favor of the Association on the Lot against which assessed and the improvements thereon, and the Association (or any Owner acting in the name and for the benefit of the Association) may bring an action at law or in equity against the person personally obligated to pay the same, including interest, costs and reasonable attorneys fees for any such action, which shall be added to the amount of such assessment and included in any judgment rendered in such action, and the Association may also enforce and foreclose any lien it has or which may exist for its benefit. There shall be no right of set-off against the Association based upon a failure to provide services or for money owed by the Association to the Owner. 17. Recording and Enforcement of Liens. To evidence a lien for sums assessed pursuant to this Article, the Association may prepare a written notice of lien setting forth the amount of the assessment, the date due, the amount remaining unpaid, the name of the Owner of the Lot, the name of the person personally obligated to pay the same, and a description of the Lot. Such a notice shall be signed by an officer of the Association, and it or a notice of lien or adverse claim thereof may be recorded in the office of the County Recorder for -5-

6 Dakota County, Minnesota. No notice of lien shall be recorded until there is a delinquency in payment of the assessment for thirty (30) days. Upon such a delinquency for thirty (30) days, the Association shall proceed promptly to enforce the lien or, in its discretion, to sue the person personally liable to pay the lien for the delinquency. Such lien shall be enforced by action or by power of sale, which is hereby deemed granted by each Owner, at the option of foreclosing party, in the same manner in which mortgages on real property containing a power of sale may be foreclosed in Minnesota, provided, however, that the foreclosing party shall be entitled to costs and disbursements of foreclosure and related attorneys fees, notwithstanding the provisions of Minnesota Statutes section , subdivisions 1 and 1a. In any such foreclosure, the person personally obligated to pay the lien shall be required to pay all costs of foreclosure including interest, costs, and all reasonable attorneys fees, notwithstanding the provisions of Minnesota Statutes section , Subdivision 1 and 1a. All such interest, costs, and expenses shall be secured by the lien being foreclosed. The person personally obligated to pay the lien also shall be required to pay to the Association any assessments against the Lot which shall become due during the period of foreclosure. The Association shall have the right and power to bid at the foreclosure sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, use and otherwise deal with the foreclosed interest in the Lot as the Owner thereof. The Association shall, upon written request, report to any encumbrancer of a Lot any assessments remaining unpaid for longer than thirty (30) days after the same shall have become due, provided, however, that such encumbrancer first shall have furnished to the Association written notice of such encumbrance. 18. Subordination of Lien. The lien of the assessments provided for herein shall be subordinate to (i) the lien of any first mortgage, and (ii) tax liens and liens for special assessments in favor of any taxing and assessing unit of government. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to foreclosure of the first mortgage or remedies provided in the mortgage, or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to charges which accrued prior to acquisition of title pursuant to such sale or transfer. Notwithstanding the foregoing, if (i) a first mortgage on a Lot is foreclosed, and (ii) no Owner redeems during the Owner's period of redemption provided by Minnesota Statutes Chapters 580, 581 or 582, then the holder of the sheriff's certificate of sale from the foreclosure of the first mortgage shall take title to the Lot subject to unpaid assessments levied pursuant to this Declaration which became due, without acceleration, during the six (6) months immediately preceding the first day following the end of the Owner's period of redemption. No such sale or transfer shall relieve a Lot from liability for any assessments thereafter becoming due or from the lien thereof or shall relieve the person personally obligated to pay the lien of personal liability for assessments due prior to such sale or transfer or acquisition of premises. Any delinquent assessments, the lien for which is extinguished by reason of this provision, may be reallocated and assessed to all Lots as a common expense. 19. Rules and Regulations. The Board of Directors shall have authority to propose and implement such reasonable Rules and Regulations as it deems necessary from time to time for the purpose of operating and administering the affairs of the Association and regulating the use of the property subject to the terms of this Declaration; provided, however, that the Rules and Regulations shall not be inconsistent with the Declaration, Bylaws or Articles of Incorporation. The inclusion in other parts of the Declaration, Bylaws or Articles of Incorporation of authority to approve Rules and Regulations shall be deemed to be in furtherance, and not in limitation, of the authority granted in this Paragraph. New or amended Rules and Regulations shall be effective only after -6-

7 reasonable notice thereof has been given to the Owners. The Board of Directors shall have the power, after notice and an opportunity to be heard, to levy reasonable fines for violations of the Declaration, Bylaws, Articles of Incorporation or the Rules and Regulations. IN WITNESS WHEREOF, the undersigned has executed this instrument as of the day and year set forth above. STONEBROOKE HOMEOWNERS ASSOCIATION, INC., a Minnesota non-profit corporation By: Its: President STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2011, by, the President of Stonebrooke Homeowners Association, Inc., a Minnesota non-profit corporation, on behalf of the corporation. Notary Public _1-7-

8 EXHIBIT A TO AMENDED DECLARATION OF COVENANTS, CONDITIONS RESTRICTIONS FOR THE ZWEBER FARM ADDITIONS SCHEDULE OF UNITS/LEGAL DESCRIPTION OF PROPERTY Legal Description of the Property 1 Lots 1 through 9, inclusive, Block 1; Lots 1 through 5, inclusive, Block 2; Lot 1, Block 3; Lots 1 through 5, inclusive, Block 4; Lot 1, Block 5; Lot 12, Block 6; Outlots A and E; All in Zweber Farm First Addition Lot 1, Block 1; Lots 1 through 7, inclusive, Block 2; Lots 1 through 3, inclusive, Block 3; Lots 1 through 3, inclusive, Block 4; Lots 1 through 17, inclusive, Block 5; Lots 2 through 7, inclusive, Block 7; Lot 1, Block 8; Outlots B, C, D, E and F; All in Zweber Farm Second Addition Lots 1 through 9, inclusive, Block 1; Lots 1 through 7, inclusive, Block 2; Lots 1 through 14, inclusive, Block 3; Lot 1, Block 4; 1 Outlot B, Zweber Farm First Addition has since been replatted to Zweber Farm Third Addition. Outlot D, Zweber Farm First Addition has since been replatted to Zweber Farm Second Addition. Outlot A, Zweber Farm Second Addition has since been replatted to Zweber Farm Fourth Addition. Part of Outlot C, Zweber Farm First Addition has since been replatted as Zweber Farm Fifth Addition. Outlot A, Zweber Farm Fifth Addition has since been replatted as Zweber Farm Sixth Addition. Part of Outlot C, Zweber Farm First Addition has since been replatted as Zweber Farm Seventh Addition. Outlot A, Zweber Farm Seventh Addition has since been replatted as Zweber Farm Eighth Addition

9 Outlots A and B; All in Zweber Farm Fifth Addition Lots 1 through 5, Block 1; Lot 1, Block 4; All in Zweber Farm Sixth Addition Lots 1 and 2, Block 1; Lots 1 and 2, Block 2; Lot 1, Block 3; Lot 1, Block 4; Outlots A, B and C; All in Zweber Farm Seventh Addition Lots 1 through 7, inclusive, Block 1; Lots 1 through 18, inclusive, Block 2; Lots 1 through 11, inclusive, Block 3; Lot 1, Block 4; Outlot A; All in Zweber Farm Eighth Addition all in Dakota County, Minnesota.