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DECLARATION OF CONDOMINIUM OF PRAIRIE PARK AT SWAN CREEK CONDOMINIUM THIS DECLARATION is made under and pursuant to the Wisconsin Condominium Ownership Act of the State of Wisconsin (hereinafter "Act"), Chapter 703, Wisconsin Statutes, by Capitol Housing, LLC, a Wisconsin limited liability company (hereinafter the "Declarant"). ARTICLE I STATEMENT OF PURPOSE The purpose of this Declaration is to subject the property hereinafter described and the improvements to be erected thereon (hereinafter collectively "Condominium") to the condominium form of ownership in the manner provided by the Act. It is intended that all provisions contained herein shall be deemed to run with the land and shall constitute benefits and burdens to the Declarant and to its successors in interest. ARTICLE II DESCRIPTION, NAME, RESTRICTIONS AND DEFINITIONS 2.1 Legal Description. The real estate subject to this Declaration is described as the real property owned by the Declarant and more particularly legally described in Exhibit "A", which Exhibit "A" is attached hereto and made a part hereof by reference as though fully set forth herein (the "Property"). 2.2 Name and Address. The name of the Condominium is Prairie Park at Swan Creek Condominium and has as its address 5192, 5194, 5196 and 5198 Sassafras Drive, all in the City of Fitchburg, Wisconsin 53711. 2.3 Covenants, Conditions, Restrictions, and Easements. The Condominium shall be, on the date this Declaration is recorded, subject to: A. General taxes and special assessments not yet due and payable. B. Easements and rights in favor of gas, electric, telephone, water, sewer, cable television and other utilities and utility providers. C. All encroachments, easements, covenants and restrictions affecting the Condominium, whether or not such encroachments are shown on the Condominium Plat of Prairie Park at Swan Creek Condominium, as such Condominium Plat may be amended from time -to -time. 2-3