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owner,either public or private,shall be applicable against every such result and may be exercised <br /> by either owner of property subject to this Declaration. V 3 219 rJ P 6 4 <br /> c. Attorney's Fees. In any legal or equitable proceeding for the enforcement or to <br /> restrain the violation of this Declaration or any provision thereof, the losing party or parties shall <br /> pay the attorney's fees of the prevailing party or parties in such amount as may be fixed by the <br /> Court in such proceedings. <br /> d. Failure To Enforce Not A Waiver Of Rights. The failure of either property owner to <br /> enforce any provisions of this Declaration herein contained shall in no event be deemed to be a <br /> waiver of the right to do so thereafter nor the right to enforce any other provision herein. <br /> 5. Duration. This Declaration shall run with the land and shall be binding on all <br /> persons having an interest in the subject parcels for a period of twenty-five (25)years after this <br /> document is recorded, after which time this Declaration shall automatically stand renewed for <br /> successive ten(10)year periods unless the same is canceled as provided herein. If any person,or <br /> his heirs, successors or assigns, shall violate or attempt to violate any of the covenants and <br /> restrictions contained herein while this Declaration is effective,any person or persons owning <br /> either lot shall have a standing to bring proceedings at law or equity against such a person or <br /> persons violating or attempting to violate any such covenants or restrictions, and the prevailing <br /> party shall be awarded reasonable attorney's fees and damages <br /> 6. Effect of Invalidity. Invalidation of any one of the covenants or any severable part of <br /> any covenant, by judgment or court order, shall not effect any of the other provisions which shall <br /> remain in full force and effect. <br /> DATED February 22, 1996 <br /> o aine A. Thorstad <br /> STATE OF WISCONSIN) <br /> )SS <br /> COUNTY OF DANE ) <br /> Personally came before me this 22nd day of February, 1996 . <br /> ) <br /> Notary Public, State of Wisconsin <br /> My commission expires: /l .T ci <br /> Parcel# 12-0712-312-8220-2 <br /> Drafted by David R. Dinkel as agent for Lorraine A. Thorstad <br /> 2 <br />