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AMENDMENT NO. 1 <br /> TO <br /> DECLARATION OF COVENANTS <br /> 1 . WHEREAS Mary Lake Acres, Inc. , a Wisconsin corporation, Bagels <br /> Forever , Inc. , a Wisconsin corporation, and Margaret Tierney, <br /> a/k/a Margaret L. Tierney, as Trustee of the Marital Trust <br /> and Residuary Trust of Robert W. Welsh, a/k/a Robert Welsh, <br /> sometimes spelled Welch, deceased, all owners of the real <br /> estate described on Exhibit 1 attached hereto and made a <br /> part hereof . <br /> 2 . WHEREAS the said owners have recorded a Declaration of <br /> Covenants on August 21 , 1987 in Volume 10497 of Records at <br /> page 38 as Document No. 2040453 and recorded a duplicate <br /> original of such Declaration of Covenants on August 24, 1987 , <br /> in Volume 10505 of Records at page 65 as Document No. 2040881 <br /> to clarify the real estate which is therein referred to as <br /> the "Parcel" , which Declaration of Covenants pertains to the <br /> land described on Exhibit 1 . <br /> 3 . WHEREAS the said owners wish to amend said Declaration of <br /> Covenants as hereinafter provided . <br /> 4 . NOW, THEREFORE, the said owners agree that Article VII <br /> Enforcement of said Declaration of Covenants is hereby revised <br /> to read as follows : <br /> If any person shall violate or attempt to violate <br /> any of these covenants, the Town of Westport , the <br /> County Government of Dane County, or any person or <br /> persons owning any lot or lots included in the <br /> Parcel shall have standing to bring proceeds at <br /> law or equity against the person or persons violat- <br /> ing or attempting to violate these covenants . In <br /> any action or proceeding to enforce or interpret <br /> these Declarations and Covenants the court, in its <br /> discretion, may allow the prevailing party a reason- <br /> able attorney ' s fee in addition to costs . <br /> 5 . This Amendment shall be effective from the effective date of <br /> the Declaration of Covenants it amends and shall be governed <br /> by all terms and conditions of said Declarations not incon- <br /> sistent with this Amendment . <br />