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DRAFT <br /> debris, rubbish or garbage, and physical hazards. Failure to so maintain the barn may result in the <br /> Town of Middleton seeking an equitable remedy or remedies, one of which may be to seek an order for <br /> the owner of said Lot 2 to demolish the existing barn. <br /> 4. Effective Date. The foregoing use and storage restrictions shall become effective, without <br /> further action by the Town of Middleton, upon the recording of this Declaration. <br /> 5. General Provisions: <br /> A. Other than enforcement of applicable zoning regulations containing similar provisions, the <br /> foregoing Restrictions shall be enforced only by means of an injunction or other equitable order issued <br /> by a court having appropriate jurisdiction thereof. The Town of Middleton or the owner of any parcel <br /> adjoining any lot in the proposed certified survey map shall have the sole and exclusive right to seek <br /> enforcement of the Restrictions. The Owners retain their rights to defend any such enforcement action <br /> and object to the appropriateness and severity of any remedy sought to be imposed. <br /> B. The said Restrictions shall be recorded in the Office of the Dane County Register of Deeds <br /> prior to or at the time of recording of the proposed certified survey map and may be amended, <br /> repealed, released or altered only with the prior written consent of the Town of Middleton, as <br /> authorized by the Town Board thereof. <br /> C. The said Restrictions shall run with the land and be binding upon and benefit the owner or <br /> owners of property in the proposed certified survey map, and his, her or their heirs, successors and <br /> assigns. <br /> Dated this day of May, 1997. <br /> (Seal) <br /> Kyle D. Voss <br /> (Seal) <br /> Zi-Qing Ye <br /> AUTHENTICATION <br /> Signatures of Kyle D. Voss and Zi-Qing Ye, husband and wife, authenticated this day of <br /> May, 1997. <br /> TITLE: MEMBER OF STATE BAR OF WISCONSIN <br /> State Bar No. <br /> This instrument was drafted by Attorney John A. Heibl, Madison, Wisconsin. <br /> 2 of 2 <br />