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p) ) c_Tt u � <br /> • <br /> THIRD AMENDMENT <br /> TO COVENANTS <br /> AND RESTRICTIONS <br /> Document Number Title of Document <br /> WHEREAS,Hwy. 19,LLP(f/k/a"Hwy. 19 Joint Venture"), <br /> a Wisconsin limited liability partnership (hereinafter the <br /> "Developer"), is the developer of certain real estate described in <br /> Exhibit A attached hereto (the"Real Estate"); and <br /> WHEREAS,the Developer has caused to be recorded certain <br /> conditions,covenants,reservations and restrictions (collectively, the Name and Return Address: <br /> "Covenants")with regard to the Real Estate, said Covenants having Attorney Bruce L.Harms <br /> been recorded with the Dane County Register of Deeds on October Axley Bry , LP <br /> g Post Office Box nelson 76L7 <br /> 15, 1991 in Volume 16920 of Records, page 9, as Document No. Madison,WI 53701-1767 <br /> 2295529; and <br /> See attached listing <br /> WHEREAS, the Developer has caused to be recorded an (Parcel Identification Number) <br /> amendment ("First Amendment") to the Covenants, said First <br /> Amendment having been recorded with the Dane County Register of <br /> Deeds on July 30, 1993 in Volume 23876 of Records, page 56, as <br /> Document No. 2499071; and <br /> WHEREAS,the Developer has caused to be recorded an amendment("Second Amendment")to the <br /> Covenants, said Second Amendment having been recorded with the Dane County Register of Deeds on <br /> February 4, 1994 in Volume 26491 of Records,page 25, as Document No. 2572851; <br /> WHEREAS, the Developer and Evergreen I, LLC, a Wisconsin limited liability company <br /> ("Evergreen"), are presently the owners of not fewer than ten (10) Lots, as such term is defined in the <br /> Covenants; and <br /> WHEREAS, the Developer desires to amend the Covenants as herein provided, all pursuant to <br /> Paragraph 1 of the Covenants. <br /> NOW, THEREFORE, the Developer and Evergreen hereby amend the Covenants as follows: <br /> (a) Paragraph 1(b)(iii) shall be amended to read as follows: "rental and leasing of contractor's <br /> machinery and equipment;" and <br /> (b) Paragraph 2(a)(ii) shall be amended to read as follows: "with regard to Lots 4 and 5 of the <br /> Highway 19 Commercial Plat,Lot 10 of the First Addition To Highway 19 Commercial Plat, <br /> and Lots 11 through 16 of the Second Addition To Highway 19 Commercial Plat, all <br /> buildings or other structures shall be not less than 75 feet from the lot line adjacent to U.S. <br /> Interstate Highway 90-94("I90-94"),or, as the case may be, from the off-ramp from I90-94 <br /> to Wisconsin Highway 19 adjacent to the Real Estate ("Off-Ramp");" and <br />