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r • <br /> Town at the time the enforcement action is commenced, or in the event it is not, the <br /> local governmental body in which it is located, or any fee title owners of record of any <br /> lands located within three hundred (300) feet of the above-referenced real estate shall <br /> have standing to bring proceedings at law or in equity against the owner or owners of <br /> the real estate to enjoin the violation and, in such event, the prevailing party shall be <br /> awarded reasonable attorney's fees and costs, and any person violating the covenant <br /> and restriction shall be liable for all costs of removing and/or correcting any violation. <br /> Failure to enforce this Declaration shall in no event be deemed a waiver of the right to <br /> do so thereafter. <br /> 4. Pursuant to Section 236.293 of the Wisconsin Statutes, the provisions of <br /> this Declaration may not be cancelled, released, amended or waived by Millard or their <br /> heirs, personal representatives, successors and assigns, without the express written <br /> consent of the Town Government of the Town of Bristol, Dane County, Wisconsin, <br /> provided the lands are within the governmental jurisdiction of said Town at the time of <br /> amendment or, in the event it is not, the local governmental body in which it is <br /> located. <br /> 5. This Declaration shall be governed by and interpreted in accordance with <br /> the laws of the State of Wisconsin. <br /> 6. This Declaration shall be perpetual and run with and bind the land <br /> described herein above referenced and shall inure to the benefit of and be enforceable <br /> as set forth above. <br /> IN WITNESS WHEREOF, the undersigned have executed this instrument on <br /> the date set forth above. <br /> Daniel L. Millard <br /> Lisa A. Millard <br /> -2- <br />