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AMENDMENT NO. 1 TO ' DANE COUNTY REGISTER OF DEEDS - DECLARATION OF USE RESTRICTIONS 3226222 Document Number Document Title 07-03-2000 1:28 PM Trans. Fee THIS AMENDMENT,made and executed as of this 23`C-4 day of Rec. Fee 16.00 June,2000 by the undersigned parties, Pages 4 WITNESSET H: 000452 WHEREAS, CapWin 19, LLC, as the "Declarant" executed a certain Declaration of Use Restrictions on May 24, 1999 and caused the same to be recorded in the office of the Register of Deeds for Dane County,Wisconsin on July 8, 1999 as Document No. 3132260(the"Declaration");and WHEREAS,the real estate subject to the Declaration is legally described COPY as: All lots in the recorded Plat of North Towne Corporate Park, in Return To: the Town of Windsor,County of Dane,State of Wisconsin. Griffin Law Office,S.C. 49 Kessel Court,Suite 211 WHEREAS, the parties desire to amend the Declaration and, in Madison,WI 53711 particular, Article II thereof, to permit the above-described real estate raga Parcel/No: See Attached"Exhibit A" to be devoted to uses which previously were prohibited by the express terms the Declaration;and NO TRANSFER RETURN OR FEE IS REQUIRED EXEMPT PER WISCONSIN STATUES§§77.22& 77.21 (1)—NOT A"CONVEYANCE". WHEREAS,this Amendment is made by the undersigned pursuant to and in accordance with the requirements of Article V of the Declaration and has been approved by the Board of Supervisors of the Town of Windsor at its regularly scheduled meeting held on October 21, 1999, by the Dane County Zoning and Natural Resources Committee at a public hearing held on May 23, 2000 and by majority vote of the Dane County Board of Supervisors at its regularly scheduled meeting held on June 1,2000; WHEREAS,unless otherwise specified herein or required by the context,the definition and meaning given to each of the capitalized terms appearing in the text of this instrument shall be as set forth in the Declaration. NOW,THEREFORE,in consideration of the foregoing recitals,the mutual terms,covenants and conditi hina set forth an d other good and valuable consideration,the receipt and sufficiency of which hereby are acknowledged,the partierees agree as follows: 1. Amendment and Restatement ofArticle IL Article II of the Declaration shall be and hereby is amended to delete and render inoperative any restriction therein contained which would prohibit the use or improvement of the subject real estate for the storage or sale of lumber or building materials or for the operation of a meat processing plant;said Article II hereby being restated to read henceforth in its entirety,as follows: ARTICLE II Use Restrictions No portion of the real estate which is subject to this Declaration shall be used or improved for the storage or sale of bulk '1 p 1 fuels or the operation of a slaughterhouse. +(