Lots 1,2,3,4,5,7,8,9,10,and 11 owned by Kevin and Renee Herman located on County Highway BB, Township of Lafayette, Monroe County, Wisconsin, are subject to the following Restrictive Covenants, to-wit:

1. Lots shall be used for residential purposes only, all buildings erected thereon shall be for family dwelling and said dwelling shall have a set
back from the street of not less than eighty (80) feet.

2. Said lots, which have an attached garage to the home, no garage shall
be constructed for more than three automobiles. There is no restriction
to the amount of out buildings constructed on said lots.

3. No trailer, tent, shack, garage, or other outbuilding erected on a lot or parcel of said real estate shall, at any time, be used as a residence, temporary or permanent, nor shall any structure or a temporary
character be used as a residence.

4. One-story homes on said lots shall contain not less than 1500 square feet of finished living area on one floor, and two story homes shall not contain less than 800 square feet of floor space on the first floor and not less than 1500 square feet overall of finished living area on first and second floors; split foyer and split level homes shall contain not less than 900 square feet on the upper floor; tri-levels shall have a minimum of 1500 square feet of finished living area.

5. Each lot owner incurs a 1/12th ownership of Out Lot 1 which shall become the sole responsibility of Bailey Creek Estates Residence and the owner of Out Lot 2, to maintain, this shall include but not limited to regrading the road surface and snow removal. Bailey Creek Estates will create their own Home Owners Association (HOA) and elect a three person board to manage the road and impose any fees to maintain Out Lot 1. Each lot owner as well as the owner of Out Lot 2 will only be granted 1 vote on any issue regardless of the number of occupants on any given lot. When the 6th lot is sold the developer will put forth the sum of $20,000.00 towards the final top surface to Out Lot 1 as determined by the Home Owners Association (HOA).

6. No noxious or offensive activity shall be carried on said Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

7. All residence buildings erected shall be completed within twelve (12) months from date of commencement, and no building shall be allowed to remain with tar paper or building paper sheeting for a period of longer than four months.

8. Said Lot shall not be used or maintained as a dumping ground for rubbish, garbage, trash, vehicles or other waste shall not be kept except in sanitary containers; all incinerators or other equipment for storage or disposal of such material shall be kept in a clean and sanitary condition; no outdoor fireplaces or incinerators shall be placed within twenty feet of any interior lot line.

9. The grantor reserves an easement across said lots for utility purposes in order that adjoining lots may be serviced with telephone, electricity and utility service.

10. Mobile homes or doublewide mobile homes, except camper type trailers for use off premises, shall be restricted from said Lots.

11. The grantor reserves an easement across said lots for utility purposes in order that adjoining property may be serviced with telephone, electricity and utility service ::
- (a) Easement to Monroe County Telephone Company in an instrument dated February 15, 1972 and recorded on May 18, 1972 at 4:30 PM in Volume 63 Misc, Page 57 as Document No. 306844.
- (b) Easement to Monroe County Telephone Company in an instrument dated February 9, 1972 and recorded on May 18, 1972 at 4:30 PM in Volume 63 Misc, Page 518 as Document No. 306845.
- (c) Electrical Utility Easement as recorded in an instrument dated January 15, 1992 and recorded on June 9, 1992 at 9:25AM in Volume 144 Records, Page 512 as Document No. 417550.

12. Enforcement of all restrictive covenants shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. Violation of any of these covenants, by judgment or court order, shall not in any way affect any of the other provisions, which shall remain in full force and effect. These restrictions shall run with the land and shall bind all persons or parties claiming under them. Enforcement or any expenses incurred through enforcement shall be at the expense of the party or parties demanding such enforcement. In the event any landowner deviates or violates the restrictions of the lands it shall be construed as implied consent whereby those enforcing said restrictions do not formally or legally indicate their objections or make known the possible violation at a particular time. Those in control of enforcing the restrictive covenants shall not be held responsible in any manner for failing to notice, object, or failing to give proper notice for possible violations of the restrictions.

13. Should any one of these covenants, by judgment or court order, be determined invalid, such judgment or order shall; in no way effect any of the other provisions, which shall remain in full, force and effect.

Kevin Herman, Grantor
Renee Herman, Grantor