Document Number&= nbsp; &nbs= p; DECLARATION OF CONDOMINIUM
Recording Area
_____________________________=
______________
Name and Return Address
37-251-4-2707-302-1126
Parcel Identification Number =
(PIN)
DECLARATION OF CONDOMINIUM
IN THE CITY OF
<=
/span>DECLARATION made pursuant to the
Condominium Ownership Act of the State of
ARTICLE I
ESTABLISHMENT
<= /span>Section 1.01 – Intent. The Declarant, as sole fee owner o= f the land described in Section 1.03 (Description of Land) hereof, by the executi= on and recording of this Declaration, intends that the land herein described, = the buildings and improvements constructed or to be constructed thereon, and all easements, rights and appurtenances belonging thereto shall be subject to t= he condominium form of ownership and use in the manner provided by the Condomi= nium Ownership Act of the State of Wisconsin (hereinafter the “Act”), the provisions of this Declaration and the By-Laws and Articles of Incorpor= ation of the association of unit owners created under Article XII (Association of Unit Owners) of this Declaration (hereinafter the “Association”= ).
<= /span>Section 1.02 – Name and Addr= ess. The name by which this condominium= shall be known is “Oakwood Estates Condominium”. The condominium is located on the = east side of Range Line Road, south of County Trunk B (also known as Main Street= ) in the City of Mosinee, Wisconsin. Each building of the condominium containing units has a street addre= ss assigned to it as set forth in Section 2.02 (Building Identification System= ) of this Declaration.
<= /span>Section 1.03 – Description of Land. The real estate= which is subject to this Declaration and upon which the buildings and improvements are and will be located is described as follows:
Lot 11 of Oakwood Estates, part of the NW &fra= c14; of the NW ¼ of Section 30, Township 27 North, Range 7 East, City of Mosinee, Marathon County, Wisconsin.
<= /span>Section 1.04 – Condominium P= lat. The Declarant, contemporaneously w= ith the recording of this Declaration, has filed for record in the office of the Register of Deeds for Marathon County, a condominium plat entitled “Oakwood Estates Condominium”, consisting of two (2) sheets, certified by LaVerne H. Mosher. References herein to the “condominium plat” or “plat” shall be= to said recorded plat.
<= /span>Section 1.05 – Condominium P= lat Amendments. The Decla= rant reserves the right, without Association or unit owner approval, to amend the condominium plat for the sole purpose of recording the actual location of a= ny unit or any building or other common element improvement which may deviate = from the planned location shown on the plat.
ARTICLE II
CONDOMINIUM BUILDINGS
<= /span>Section 2.01 – Location of Buildings. The buildi= ngs are or will be located on the property as depicted on the condominium plat.=
<= /span>Section 2.02 – Building Identification System. Each building contains two (2) condominium living units. The units shall each be assigned a= post office street address as follows:
&n= bsp; Unit 1 = 607 Wesley Court, Mosinee, WI 544= 55
&n= bsp; Unit 2 605 Wesley Court, Mosinee, WI 544= 55
&n= bsp; Unit 3 = 603 Wesley Court, Mosinee, WI 544= 55
&n= bsp; Unit 4 = 601 Wesley Court, Mosinee, WI 544= 55
&n= bsp; Unit 5 = 602 Wesley Court, Mosinee, WI 544= 55
&n= bsp; Unit 6 = 604 Wesley Court, Mosinee, WI 544= 55
&n= bsp; Unit 7 = 606 Wesley Court, Mosinee, WI 544= 55
&n= bsp; Unit 8 = 608 Wesley Court, Mosinee, WI 544= 55
&n= bsp; Unit 9 = 624 Whitney Way, Mosinee, WI 5445= 5
&n= bsp; Unit 10 622 Whitney Way, Mosinee, WI 54455
&n= bsp; Unit 11 620 Whitney Way, Mosinee, WI 54455
&n= bsp; Unit 12 618 Whitney Way, Mosinee, WI 54455
&n= bsp; Unit 13 616 Whitney Way, Mosinee, WI 54455
&n= bsp; Unit 14 614 Whitney Way, Mosinee, WI 54455
&n= bsp; Unit 15 612 Whitney Way, Mosinee, WI 54455
&n= bsp; Unit 16 610 Whitney Way, Mosinee, WI 54455
&n= bsp; Unit 17 608 Whitney Way, Mosinee, WI 54455
&n= bsp; Unit 18 606 Whitney Way, Mosinee, WI 54455
&n= bsp; Unit 19 604 Whitney Way, Mosinee, WI 54455
&n= bsp; Unit 20 602 Whitney Way, Mosinee, WI 54455
<= /span>Section 2.03 – Description of Buildings. There will= be ten (10) side-by-side duplex buildings, each of which will contain two condominium units. Each build= ing shall be substantially the same size, style and configuration and will be constructed from the same plan with some variations in exterior finish materials. The buildings will= be one-story, wood frame and masonry construction with full basements and two-stall attached garages. E= ach unit shall have separate meters for utilities, to include electricity, natu= ral gas, water and sewer. Complete construction details are contained in the working plans and drawings availa= ble for inspection at the office of the Declarant (Emmerich & Associates, I= nc., 453 Grand Avenue, Schofield, Wisconsin&nbs= p; 54476), or the office of the Association.
ARTICLE III
CONDOMINIUM UNITS
<= /span>Section 3.01 – Number of Uni= ts. The condominium when completed wil= l have a total of twenty (20) units.
<= /span>Section 3.02 – Units Defined= . A condominium unit is that portion= of a building intended for private use and occupancy as a residential dwelling, consisting of one or more rooms or enclosed spaces on one or more levels and having outer boundaries formed:
(1)&= nbsp; as to finished areas, by and including the interior surface material (i.e. drywall, paneling, tiling and floor coverings) of the perimeter and internal structural walls, floors and ceilings; and
(2)&= nbsp; as to any unfinished areas (such as basement), by t= he following:
= (a)&= nbsp; upper boundaries shall be the horizontal plane crea= ted by the undersurface of the ceiling/floor joists or the undersurface of the chords of the roof trusses, as the case may be;
= (b)&= nbsp; lower boundaries shall be the upper surface of the unfinished floor; and
= (c)&= nbsp; vertical boundaries shall be the vertical plane cre= ated by the inner surface of perimeter and structural wall studs;
(3)&= nbsp; all windows, window frames and doors, including all glass in windows and doors, shall be considered part of the unit;
(4)&= nbsp; the unit shall include the heating and air conditio= ning apparatus servicing the unit.
Each unit includes its at= tached garage, the unit fixtures and, in the case of units having more than one le= vel, the stairwells providing access between levels. The boundaries of each unit have t= he dimensions and are located as shown on the condominium plat and amendments filed pursuant to Section 1.05 (Condominium Plat Amendments) of this Declaration.
<= /span>Section 3.03 – Description of Units. Each unit cont= ains approximately 1,580 square feet of living space including two bedrooms, a living room, dining area, kitchen, utility area, full basement and garage.<= span style=3D'mso-spacerun:yes'> Details of the floor plan are avai= lable for inspection at the office of the Declarant or the Association.
<= /span>Section 3.04 – Unit Fixtures= . Improvements to a unit which are permanent in nature are unit fixtures.&nbs= p; Typical unit fixtures include the following: interior non-load bearing walls, e= ntry and interior doors, window and door glass, cabinetry, electric wiring and l= ighting fixtures, wall to wall floor coverings, plumbing fixtures and pipes, heating and air-conditioning systems, water heater, exhaust fans and such other built-in or permanent improvements or appliances which may be within the un= it.
<= /span>Section 3.05 – Unit Identifi= cation System. Each unit has= a unit identification number and a street address number as set forth in Section 2.02 (Building Identification System) in this Declaration. The unit identification numbers sh= all be used and shall be legally sufficient for all conveyance purposes. When a conveyance affecting a unit occurs prior to the construction of a unit, the unit identification number shall be used and shall be legally sufficient to convey to the grantee the right to construct that unit in accordance with this Declaration.
<= /span>Section 3.06 – Completion of Units. Per the Act, a= ll units, whether owned by the Declarant or a successor to the Declarant, shal= l be constructed and completed within five (5) years of the date this Declaratio= n is recorded. Units not completed within five (5) years shall be removed from the condominium in accordance w= ith the Act unless the time period is extended in accordance with the Act.
<= /span>Section 3.07 – Unit Modifica= tion. The floor plan of a unit may be al= tered and the fixtures therein may be modified by a unit owner provided that such work is done in compliance with Section 6.04 (Limitations on Changes) of th= is Declaration.
<= /span>Section 3.08 – Boundary Wall Easements. Each unit = owner shall have an easement in the boundary or exterior walls surrounding that u= nit for the purposes of additional utility outlets, wall hangings, and the like; except that the unit owner shall do nothing to impair or destroy the struct= ural integrity of the wall or building or the soundproofing of any partition walls. No openings whatsoever= shall be made into any boundary wall, floor or ceiling without the prior written approval of the Association.
ARTICLE IV
COMMON ELEMENTS AND FACILITIES
<= /span>Section 4.01 – Description.<= /u> The common elements and facilities= of the condominium are all of its land, improvements and appurtenances, exclud= ing the units as defined in Article III (Condo= minium Units) of this Declaration, and including, without limitation, the followin= g:
<= span style=3D'mso-list:Ignore'>(1)&= nbsp; The land described in Section 1.03 (Description of Land) of this Declaration.
<= span style=3D'mso-list:Ignore'>(2)&= nbsp; The building structures, including perimeter and load-bearing walls, perimeter floors and ceilings, roof systems, foundation= s, structural support systems, exterior finish materials, entry stoops, porche= s, decks and patios.
<= span style=3D'mso-list:Ignore'>(3)&= nbsp; The electric, telephone, communication, gas, water, sewer and other utility wiring, laterals, conduits or pipes, whether located in-ground, above-ground or within building walls and which are not owned and maintained by a public or private utility company.
<= span style=3D'mso-list:Ignore'>(4)&= nbsp; The private roadways, driveways and sidewalks.
<= span style=3D'mso-list:Ignore'>(5)&= nbsp; The lawn and landscape areas and improvements.
<= span style=3D'mso-list:Ignore'>(6)&= nbsp; All other parts of the condominium necessary or convenient for the existence, maintenance and safety of the condominium or normally in common use by all unit owners.
Some common elements may, depending on their locatio= n and use, be classified as limited common elements under Article V (Limited Comm= on Elements) of this Declaration.
<=
/span>Section 4.02 – Percentage
Interest. Each unit o=
wner
shall have a right and easement of enjoyment in and to all common areas.
<= /span>Section 4.03 – Transfer of C= ommon Elements. The percent= age interest of each unit owner in the common elements of the condominium shall= not be separated from the unit to which it appertains and shall be deemed to be conveyed, leased or encumbered with the unit even though such interest is n= ot expressly mentioned or described in the conveyance or other instrument.
<= /span>Section 4.04 – Partition of = Common Elements. There shall= be no partition of the common elements through judicial proceedings or otherwise unless this Declaration is terminated and the property is withdrawn from the terms of this Declaration and any statute of Wisconsin applicable to condominium ownership.
ARTICLE V
LIMITED COMMON ELEMENTS
<= /span>Section 5.01 – Limited Common Elements. Certain com= mon elements which are contiguous to a unit within a building shall be known as limited common elements and shall be reserved for the exclusive use and ben= efit of the occupants of such units, provided said use is not contrary to this Declaration, the By-Laws or the Act. They include, without limitation, the following:
<= span style=3D'mso-list:Ignore'>(1)&= nbsp; Those common elements identified as limited common elements on the condominium plat.
<= span style=3D'mso-list:Ignore'>(2)&= nbsp; The electric, telephone, communication, gas, water, sewer and other utility lines, conduits or pipes from the service bard or service connection to and within each unit.
<= span style=3D'mso-list:Ignore'>(3)&= nbsp; Patios and decks immediately adjacent to and having access directly from a unit.
<= span style=3D'mso-list:Ignore'>(4)&= nbsp; The entry stoop, sidewalk and garage driveway.
<= span style=3D'mso-list:Ignore'>(5)&= nbsp; A four-foot wide shrub and flower planting strip immediately adjacent to the rear patio of each unit and along the front wall from the entry to the common wall, the planting and maintenance of which sh= all be the responsibility of the unit owner or occupant.
<= span style=3D'mso-list:Ignore'>(6)&= nbsp; Such other parts of the common elements necessary, convenient or appurtenant to or normally exclusively used by the occupants = of a unit.
<= /span>Section 5.02 – Transfers. The use of limited common elements= shall not be separated from the unit to which such use appertains and shall be de= emed transferred with the unit when it is leased, conveyed or encumbered, even though such interest is not expressly mentioned or described in the conveya= nce instrument.
ARTICLE VI
REPAIRS AND MAINTENANCE
<= /span>Section 6.01 – Common Elemen= ts. The Association shall, subject to Section 6.02 (Limited Common Elements), be responsible for the management, control, maintenance, repair and replacement of the common elements and sha= ll cause the same to be kept in good, safe, clean, attractive and sanitary condition, provided, however, that the cost to repair or replace any portio= n of the common elements damaged through the fault or negligence of a unit owner= or occupant may be charged in accordance with Section 7.04 (Special Charges) of this Declaration.
<= /span>Section 6.02 – Limited Common Elements. Each unit o= wner shall be responsible for keeping the limited common elements appurtenant to= his or her unit in a clean, attractive and sanitary condition. If, after notice from the Associat= ion, a unit owner fails to timely comply with this provision, the Association may = take corrective measures and the cost thereof may be charged in accordance with Section 7.04 (Special Charges) of this Declaration.
<= /span>Section 6.03 – Individual Un= its. Each unit owner shall be responsib= le for keeping his or her unit and all of its equipment, fixtures and appurtenance= s in good order, condition and repair and in a clean, safe and sanitary condition. Further, each unit= owner shall be responsible for the maintenance, repair and replacement of unit fixtures.
<= /span>Section 6.04 – Limitations on Changes. No unit owner shall alter the floor plan or modify the fixtures of his/her unit without f= irst obtaining, during the period of the Declarant control as defined in Section 12.05 (Declarant Control) of this Declaration, the written consent of the Declarant or thereafter, the written consent of the Association. Likewise, no unit owner shall make= any alteration, change or improvement to common or limited common elements with= out such consent. A unit owner sh= all not perform, or allow to be performed, any act or work which would impair t= he structural soundness or integrity of a building or the safety of the proper= ty, or impair any easement or hereditament.
<= /span>Section 6.05 – Entry for Rep= airs. The Association shall have the rig= ht, at reasonable times and under reasonable conditions, to enter upon or across a= ny unit in connection with the maintenance, repair or replacement of any common element. Except in cases of emergency, the Association shall give prior notice to affected unit owners = and occupants of its need to make entry. Such entry shall be with as little inconvenience to the unit occupan= ts as practical and any damage caused thereby shall be repaired and restored by the Association and treated as a common expense.
ASSESSMENTS FOR COMMON EXPENSES
<= /span>Section 7.01 – Purpose of Assessments. The assessments levied by the Association shall be used to promote the recreati= on, health, safety and welfare of the residents in the condominium; to provide = for the repair, maintenance, insurance and improvement of the common elements; = to provide for payment of services performed by the Association, including but= not limited to snow plowing and removal, garbage removal, landscape maintenance, and exterior building maintenance; to provide for such emergency repairs as= the Association may deem necessary; and to create reserve funds for the purposes authorized by this Declaration and By-Laws.
<= /span>Section 7.02 – Common Expens= es. Common expenses are defined as fol= lows:
<= span style=3D'mso-list:Ignore'>(1)&= nbsp; all sums lawfully assessed against the unit owners = by the Association;
<= span style=3D'mso-list:Ignore'>(2)&= nbsp; expenses declared common expenses by the Act, by th= is Declaration, or the By-Laws;
<= span style=3D'mso-list:Ignore'>(3)&= nbsp; amounts determined by the Board of Directors to be collected and held from time to time as a reserve fund for the future acquisition, replacement or repair of common elements. The reserve fund shall accumulate = from year to year in a non-lapsing account of the Association.
<= /span>Section 7.03 – Share of Comm= on Expenses. Each unit o= wner shall be responsible for the payment of that proportionate share of the com= mon expenses reflected by the percentage interest in the common elements assign= ed to each unit by Section 4.02 (Percentage Interest) of this Declaration; provided, however, that expenses incurred by the Association to repair any portion of the common elements damaged through the fault or negligence of a unit owner or occupant may be accounted for separately and be charged to the unit owner responsible therefor as a special charge.
<=
/span>Section 7.04 – Special Charg=
es. Expenses incurred by the Associati=
on to
repair or replace any portion of the common elements damaged through the fa=
ult
or negligence of a unit owner or occupant and expenses incurred by the
Association for corrective measures taken in accordance with Section 6.02
(Limited Common Elements) of this Declaration may be accounted for separate=
ly
and be charged to the unit owners responsible therefor as a special
charge. Penalties assessed by=
the
Board of Directors for infractions of rules shall also be special charges.<=
/p>
&n=
bsp; Section 7.05 – Annual Assess=
ments. The Association shall, as provided=
in
the By-Laws, determine an annual budget for common expenses and fix an annu=
al
assessment which shall be paid by each unit owner on a monthly basis. Monthly payments not made when due=
shall
render the unpaid annual assessment for such year delinquent and such amount
shall be due and payable in full.
The failure or delay of the Association to prepare the annual budget=
or
to notify any unit owner of his/her assessment shall not constitute a waive=
r or
release of such unit owner’s obligation to pay his/her proportionate
share of the common expenses whenever the same shall be determined. The amount of the annual assessmen=
t, at
a minimum, shall increase the greater of three percent (3%) or the same
percentage increase in the Consumer Price Index – All Urban Consumer =
for
the most recent twelve month period available; and in the event of such fai=
lure
or delay of the Association to prepare the annual budget, each unit owner s=
hall
continue to pay the annual assessment at a rate that is three percent (3%)
above the then existing rate until the new assessment is determined. <=
/span>Section 7.06 – Common Surplu=
ses. In the event of a common surplus a=
t the
end of any fiscal year, such surplus (excluding amounts held in the reserve
fund) shall be credited to the unit owner’s next annual assessments f=
or
common expenses in proportion to the percentage of interest for each unit
established by Section 4.02 (Percentage Interest) of this Declaration. <=
/span>Section 7.07 – Special Asses=
sment. In addition to the annual assessme=
nts
the Association may, in the absence of sufficient reserve funds, levy speci=
al
assessments for the purpose of defraying in whole or in part the cost of any
construction, reconstruction, acquisition, replacement or repair of common
elements, or to finance any underestimated, unusual or unpredicted cost. <=
/span>Section 7.075 – Transfer of =
Title
Assessment. In additi=
on to
the annual assessments and special assessments, the Association shall levy
assessments associated with the transfer in title of any condominium unit.<=
span
style=3D'mso-spacerun:yes'> The amount of this assessment shal=
l be
five hundred dollars ($500.00) and shall be responsibility of the purchaser=
of
the unit, unless a contract between the seller and purchaser indicate other=
wise. This shall include the first purch=
aser
who buys a unit from the Declarant.
If unpaid, such assessment shall be levied and collected in the mann=
er
set forth in the By-Laws. The=
se
funds shall be added to the reserve account. <=
/span>Section 7.08 – Uniform Rate =
of
Assessment. The annual
assessments and any special assessments shall be levied at a uniform rate f=
or
all units in accordance with the percentage interest established by Section
4.02 (Percentage Interest) of this Declaration. &n=
bsp; Section 7.09 – Covenant to P=
ay. In accordance with the statutory
liability created by the Act, the owner of each unit, by the acceptance of a
deed therefore, whether or not it be so expressed in the deed, shall be
conclusively deemed to have covenanted and agreed with every other unit own=
er
and with the Association to pay to the Association all assessments and char=
ges,
regular or special, in accordance with the provisions of the Act, this
Declaration and the By-Laws.
Liability for assessments and charges may not be avoided by waiver of
the use or enjoyment of any common element or by abandonment of the unit for
which assessments or charges are made. &n=
bsp; Section 7.10 – Liability for
Assessments upon Conveyance. =
(1) In a
voluntary conveyance, the grantee shall be jointly and severally liable with
the grantor for all unpaid assessments levied against the grantor for his or
her share of the common expenses up to the time of the conveyance and for w=
hich
a statement of condominium lien is filed as provided herein, without prejud=
ice
to the rights of the grantee to recover from the grantor the amount paid by=
the
grantee for such assessments. =
(2) Any
grantee of a unit is entitled to a statement from the Association setting f=
orth
the amount of unpaid assessments against the grantor and the grantee is not
liable for, nor shall the unit conveyed be subject to a lien which is not f=
iled
pursuant to Section 7.11 (Lien for Assessments) hereof for, any unpaid
assessment against the grantor in excess of the amount set forth in the
statement. If the Association=
does
not provide such statement within ten (10) business days after grantee̵=
7;s
request, it shall be barred from claiming against the grantee under any lien
which is not filed under Section 7.11 (Lien for Assessment) hereof prior to=
the
request for the statement. &n=
bsp; Section 7.11 – Lien for Asse=
ssments. All assessments, regular or specia=
l, and
special charges levied pursuant to this Article, together with interest the=
reon
and actual costs of collection, constitute a lien upon such unit and upon t=
he
undivided interest in the common elements appurtenant thereto, in favor of =
the
Association, proved that a statement of lien is filed within two (2) years
after the date on which the assessment becomes due. The lien is effective against the =
unit
at the time the assessment becomes due regardless of when within the two (2)
year period it is filed. A
statement of condominium lien signed and verified by a director of the
Association is filed in the land records in the office of the Clerk of Circ=
uit
Court of Marathon County and shall contain the legal description of the uni=
t,
the name of the record owner thereof, the amount of assessment due and the
period for which the assessment was due.&n=
bsp;
Upon full payment of an assessment for which the lien is claimed, th=
e unit
owner shall be entitled to a fileable satisfaction of the lien. &n=
bsp; Section 7.12 – Priority of L=
ien. Such lien shall be superior to all=
other
liens and encumbrances on such unit, except only for: =
(1) liens
of general and special taxes; =
(2) liens
of a first mortgage recorded prior to the making of the assessment; =
(3) construction
liens filed prior to the making of the assessment; and =
(4) all
sums unpaid on any veteran secondary mortgage loan made under Section 45.80,
Stats. All other liens created after the date of the record=
ing of
this Declaration shall be inferior in priority to liens of the Association =
for
any assessment, whether or not so specifically set forth in the instruments
creating such liens. &n=
bsp; Section 7.13 – Enforcement of
Lien. A lien may be
enforced and foreclosed by the Association in the same manner and subject to
the same requirements as a foreclose of mortgages on real property. An action to foreclose the lien mu=
st be
initiated within three (3) years following the recording of the statement of
condominium lien; provided, however, that no action may be brought except a=
fter
ten (10) days prior written notice to the unit owner given by registered ma=
il,
return receipt requested, to the address of the unit owner shown on the boo=
ks
of the Association. The Assoc=
iation
may recover costs and actual attorney fees and may bring suit for any
deficiency following foreclosure in the same proceeding. &n=
bsp; Section 7.14 – Additional
Remedies. Any assessm=
ent or
installment thereof not paid within 10 days after the due date shall accrue
interest from the due date at a rate which is two percent (2%) higher than =
the
rate prescribed by the Wisconsin Statutes to be collected upon the executio=
n of
a judgement. In lieu of charg=
ing
such interest, the Assocation Board of Directors may, from time to time, fi=
x a
reasonable late payment fee for each month, or fraction thereof, that such
assessment is not paid. All
payments on account shall be first applied to the interest or late charge, =
if
any, and then to the assessment payment first due. The Association may bring an actio=
n at
law against the unit owner obligated to pay the assessment or may foreclose=
the
lien against the unit. The fi=
ling
of a suit to recover a money judgement for unpaid assessments hereunder sha=
ll
not be deemed to be a waiver of the Association’s lien foreclosure
rights. &n=
bsp; Section 7.15 – Assessments A=
gainst
Declarant. Notwithsta=
nding
any other provision of this Article, the Declarant is not required to pay
annual or special assessments under this Article for unoccupied units owned=
by
the Declarant. Declarant shal=
l,
however, pay a standby charge sufficient to cover the costs of the Associat=
ion
insurance attributable to such units plus $10.00 per unit per month. The standby charge shall accrue as=
to
each such unit from the date an occupancy permit is issued for the unit by =
the
governmental agency having jurisdiction to issue such permits. &n=
bsp; Section 7.16 – Certificate of
Payment. The Associat=
ion
shall, upon demand, furnish to any owner liable for said assessment, a
certificate in writing signed by an officer of the Association, setting for=
th
whether the regular and special assessments on a specified unit have been p=
aid,
and the amount of delinquency, if any.&nbs=
p;
A reasonable charge may be made by the Association for the issuance =
of
these certificates. Such cert=
ificate
shall be conclusive evidence of payment of any assessment therein stated to
have been paid. ARTICLE VIII COVENANTS ON USE AND OCCUPANCY &n=
bsp; Section 8.01 – Use of Premis=
es. All units in the condominium shall,
except as hereafter provided, be used exclusively for residential dwelling
purposes consistent with the size and facilities of the units. Oakwood Estates Condominium is int=
ended
to be a retirement community facility.&nbs=
p;
Declarant reserves the right to amend the Declaration to set a minim=
um
age of the occupants of each unit, provided any such change will comply with
applicable Federal or Wisconsin equal opportunity or fair housing statutes =
and
regulations. During the perio=
d in
which initial sales of units by the Declarant are in progress, the Declarant
may maintain model units within the condominium and may occupy or grant
permission to any person with or without rental, as determined by the
Declarant, to occupy the same for business or promotional purposes, includi=
ng
clerical activities, sales offices and model units for display, provided su=
ch
activities do not unreasonably interfere with the quiet enjoyment of any ot=
her
unit owners or unit occupants. &n=
bsp; Section 8.02 – Construction
Activities. During the
initial period of construction of the buildings and facilities of the
condominium, the Declarant, his contractors and subcontractors and their
respective agents and employees, shall be entitled to access to said buildi=
ngs
and all common elements of the condominium as may be required in connection
with such construction. &n=
bsp; Section 8.03 – Prohibited
Activities and Signs. No
industry, business, trade, occupation or profession of any kind, whether
commercial, religious, educational or otherwise, whether designed for profi=
t,
altruism, exploration or otherwise, shall be conducted, maintained or permi=
tted
on any part of the condominium; nor, except as permitted by Association rul=
es
or regulations, shall any “For Sale” or “For Rent”
signs or other window displays or advertising be maintained or permitted by=
any
owner on any part of the condominium.
The right is reserved by the Declarant to place “For Sale̶=
1;
or “For Rent” signs on any unsold or unoccupied unit, and to pl=
ace
such other signs on the property as may be required to facilitate the sale =
of
unsold units. &n=
bsp; Section 8.04 – Use of Common
Elements. Each unit o=
wner
shall have the right to use the common elements and facilities in common wi=
th
all other unit owners for the purpose of access to, use, occupancy and
enjoyment of his or her unit and the common elements, which right shall ext=
end
to the unit owner and the unit owner’s family, invitees and tenants.<=
span
style=3D'mso-spacerun:yes'>
&n= bsp; Section 8.05 – Occupancy Restrictions. No unit= shall be occupied by more than four (4) persons.
&n= bsp; Section 8.06 – Pets and Anim= als. No pets, animals, livestock or pou= ltry of any kind shall be raised, bred or kept in any unit or in or on the common areas except such household pets as may be kept in units in strict complian= ce with Association rules and regulations.
&n= bsp; Section 8.07 – Fences Regula= ted. No fence of any kind and no visual screen, barrier, hedge or other device or structure of any type may be erec= ted within the condominium unless it has been approved by the Association as an integral part of the landscaping plan.
&n= bsp; Section 8.08 – Motor Vehicle= s. The owners, lessees or occupants o= f any unit, jointly or severally, shall keep no more than two (2) four-wheeled licensed motor vehicles and no more than two (2) licensed two-wheeled motor= ized bikes on the condominium property. All vehicles shall be kept and parked in strict compliance with Association rules and regulations. Except for the vehicles of guests of unit occupants, and except as provided in Section 8.09 (Commercial and Recreational Vehicles) hereof, the parking of all other vehicles of any kind on the condominium property is prohibited. All motor vehicle= s must be licensed and operable.
&n= bsp; Section 8.09 – Commercial and Recreation Vehicles. = No person shall use any of the common elements of the condominium for the park= ing, storage or operation of motor homes, campers, trucks over one-ton capacity, snowmobiles, motorized bikes or other commercial or recreation-type vehicle= s, except as permitted by Association rules and regulations.
&n= bsp; Section 8.10 – Nuisances. Unlawful, immoral, noxious or offe= nsive activity shall not be carried on in any unit or in the common elements, nor shall anything be done therein or thereon, either willfully or negligently, which may be or become, in the judgement of the Association, an annoyance or nuisance to the other unit owners or unit occupants.
&n= bsp; Section 8.11 – Insurance and Safety Hazards. No ow= ner or occupant shall, within his or her unit or anywhere on the condominium prope= rty store, collect, permit or use any material or product which will increase t= he rate of insurance or result in cancellation of insurance or create a safety hazard.
&n= bsp; Section 8.12 – Roof Structur= es. No owner or occupant shall place u= pon the roof of any building any antenna, tower, solar collector or other simil= ar device.
&n= bsp; Section 8.13 – Accessory Structures. No access= ory structure shall be constructed or placed on the condominium property except= by action of the Association.
&n= bsp; Section 8.14 – Leasing of Un= its. The Declarant may lease units whic= h it owns upon such terms and conditions as it determines. After a unit has been sold by the Declarant, the unit owner may not thereafter lease the unit for a term of l= ess than one month. The owner of a leased unit shall notify the Association of the tenant’s name and telephone number.
&n= bsp; Section 8.15 – Unoccupied Un= its. If the occupant of a unit, whether= the owner or a tenant, intends to leave such unit unoccupied for a period of mo= re than one month, the occupant shall notify the Association prior thereto of = the occupant’s forwarding address and of a telephone number where the occupant can be reached.
ARTICLE IX
REMEDIES FOR BREACH OF COVENANTS,
RESTRICTIONS AND REGULATIONS
&n= bsp; Section 9.01 – Compliance Required. Every unit = owner and occupant shall comply strictly with every rule, restriction, condition = or regulation adopted by the Association under the By-Laws, and with the covenants, conditions and restrictions set forth in the Act, this Declarati= on, By-Laws or in the deed to the unit.
&n= bsp; Section 9.02 – Emergency Ent= ry for Abatement. The Associ= ation shall have the right, in cases of emergency affecting the health or safety = of other occupants or affecting the safety of the building or any other unit, = to enter any unit for the purpose of abating the breach of rule, regulation, restriction, covenant or condition which causes such emergency. Damages arising from such entry sh= all be the responsibility of the owner of the unit entered.
&n= bsp; Section 9.03 – Legal Remedie= s. Failure to comply with any of the By-Laws, rules, covenants, conditions or restrictions is grounds for action= to recover sums due, for damages or injunctive relief, or both, maintainable by the Association or, in a proper case, by an aggrieved unit owner.
ARTICLE X
INSURANCE
&n= bsp; Section 10.01 – Insurance by Association. The Association shall obtain and continue in effect policies of insurance provi= ding coverage for the condominium property [as defined in WI SS 703.02(14) of the Act] against loss or damage by fire or other hazard and against liability claims. The amount of protect= ion and the types of hazards to be covered shall be reviewed and determined at least annually by the Board of Directors of the Association. The insurance provided by the Association shall be without prejudice to the right of each unit owner to insure his or her own unit for personal benefit provided, however, that no owner shall be entitled to exercise his or her right to maintain individual unit insurance in such a way as to decrease the amount which may be realized under any Association insurance policy.
&n= bsp; Section 10.02 – Assessment of Premiums. Premiums for Association insurance policies shall be a common expense to be included in = the annual assessment established pursuant to Section 7.05 (Annual Assessments)= of this Declaration. During the = period of Declarant control as defined in Section 12.05 (Declarant Control) of this Declaration, the Declarant shall select the manner of allocation, assessment and collection of Association insurance premiums.
&n= bsp; Section 10.03 – Coverage. The association shall provide the following types of insurance coverage:
= (1) Property Insurance. The Association sh= all be the named insured individually and as trustee for each of the unit owners a= nd their mortgagees as their interests may appear in the percentages establish= ed by Section 4.02 (Percentage Interest) of this Declaration. All condominium property shall be insured for not less than full replacement value. Such insurance shall provide prote= ction against loss or damage by fire and other hazards covered by a standard spec= ial coverage (all risk) endorsement. To the extent possible, such insurance shall provide that the insurer waives i= ts right of subrogation as to any claim against unit owners, the Association a= nd their respective servants, agents and guests, and that the insurance cannot= be cancelled, invalidated nor suspended on account of conduct of any one or mo= re unit owners or the Association or their servants, agents and guests without thirty (30) days prior written notice to the Association giving it an opportunity to cure the defect within that time.
= (2) Liability Insurance. Public liability insurance shall be provided covering all claims customarily insured against with respect to the common elements and facilities and the Association̵= 7;s management thereof.
= (3) Workers Compensation. Workers compens= ation insurance shall be provided by the Association to the extent necessary to comply with applicable state law.
= (4) Other Insurance. The Board of Direc= tors may provide such other insurance as it determines is necessary or desirable= .
&n= bsp; Section 10.04 – Use of Proce= eds. Insurance proceeds shall first be disbursed by the Association as trustee for the repair or restoration of the damaged common elements. The = unit owners and their mortgagees shall not be entitled to receive payment of any portion of the insurance proceeds unless the Association has determined not= to rebuild or a court has ordered partition of the condominium property or the= re is a surplus of insurance proceeds after the common elements have been completely repaired or restored.
&n= bsp; Section 10.05 – Insurance by= Unit Owners. Unit owners s= hall be responsible to provide policies of insurance covering their respective u= nits and following items:
(1)&= nbsp; The contents of the owner’s unit, the owner’s automobile, any additions and improvements to his or her unit, the fixtures, decorating and furnishings therein and the owner’s pers= onal property stored elsewhere within the condominium.
(2)&= nbsp; Public liability coverage to the extent not insured= by the liability insurance carried by the Association for all of the unit owne= rs pursuant to Section 10.03 (Coverage) hereof.
&n= bsp; Section 10.06 – Limitation on Liability. No unit ow= ner or his mortgagee shall have any claim against any other unit owner, the Association, its officers or directors, the Declarant, the manager or manag= ing agent of the condominium or their respective employees and agents for damag= e to the common elements the units or to any personal property located in the un= its or common elements caused by fire or other casualty to the extent that such da= mage is covered by fire and other forms of casualty insurance.
ARTICLE XI
RECONSTRUCTION
&n= bsp; Section 11.01 – Determinatio= n. Partial damage or total destructio= n of any part of the common elements shall be repaired and rebuilt as soon as practicable and substantially to the same design, plan and specifications as originally built, except that if the cost of repair or reconstruction would exceed the amount of available insurance proceeds, the Association may, by written consent of at least seventy-five percent (75%) of the unit owners a= nd their mortgagees and within ninety (90) days of the date of the damage or destruction, determine not to rebuild or repair. In such event, the property shall = be subject to an action for partition pursuant to the Act.
&n= bsp; Section 11.02 – Variances. On reconstruction, the design, pla= n and specifications of any building or unit may vary from that of the original u= pon approval of the Association, provided, however, that the number of square f= eet of any unit may not vary by more than five percent (5%) from the number of square feet for such unit as originally constructed, and the location of the buildings shall be substantially the same as prior to damage or destruction= .
&n= bsp; Section 11.03 – Financing. The proceeds of any insurance prov= ided by the Association and collected for such damage or destruction shall, as provided in Article X (Insurance) of this Declaration, be available to the Association for the purpose of repair or reconstruction. The Association shall have the rig= ht to levy assessments as a common expense against all unit owners in the event t= hat the proceeds of any insurance collected are insufficient to pay the estimat= ed or actual costs of repair or reconstruction.
ARTICLE XII
ASSOCIATION OF UNIT OWNERS
&n= bsp; Section 12.01 – Legal Entity= . The affairs of this condominium sh= all be governed by an association of unit owners which shall be a non-stock, non-profit corporation created in accordance with Chapter 181 of Wisconsin Statutes, which is a legal en= tity for all purposes. The Associa= tion shall be known as the Oakwood Estates Condominium Owners’ Association, Inc. (herein the “Association”).
&n= bsp; Section 12.02 – Membership a= nd Voting Rights. The re= cord owner(s) of each unit, which may be the Declarant, shall automatically be members of the Association. Membership in the Association is appurtenant to and shall not be separated from ownership of the condominium unit. There shall be one vote for each u= nit at all meetings of the Association. The vote for each unit shall be exercised (and may be restricted) as= set forth in the By-Laws, but in no event shall more than one vote be cast with respect to any unit. There ca= n be no split vote. Unit owners ma= y vote by proxy, but the proxy is effective only for a maximum period of 180 days following its issuance, unless granted to a mortgagee or lessee.
&n= bsp; Section 12.03 – Powers of the Association. The Association may take any action authorized by the Act, this Declaration, the Association’s By-Laws or any rules and regulations of the Association= and shall have the authority and power to:
(1)&= nbsp; adopt budgets for revenues, expenditures and reserv= es and to levy and collect assessments for common expenses from the unit owner= s;
(2)&= nbsp; employ and dismiss employees and agents;
(3)&= nbsp; sue on behalf of the unit owners;
(4)&= nbsp; make contracts and incur liabilities;
(5)&= nbsp; cause additional improvements to be made as a part = of the common elements;
(6)&= nbsp; grant easements through or over the common elements= ;
(7)&= nbsp; grant or withhold approval of any action by a unit owner or other person which would change the exterior appearance of any condominium building;
(8)&= nbsp; enforce the obligation of unit owners to maintain a= nd repair limited common elements;
(9)&= nbsp; suspend the voting rights of a member, provided that any suspension shall be made only by the Association or a duly appointed committee thereof, after notice in accordance with the Act, this Declaration and the By-Laws.
(10)obtain and pay for the servi= ces of any person or entity to manage its affairs, or any part thereof, to the ext= ent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the condominium, whether such personnel are furnished or employed directly by t= he Association or by any person or entity with whom or which it contracts;
(11)obtain and pay for legal and accounting services necessary or desirable in connection with the operation= and administration of the condominium;
(12)acquire and hold for the use= and benefit of all of the owners tangible and intangible personal property and dispose of the same by sale or otherwise, and the beneficial interest in any such property shall be deemed to be a common element;
(13)establish reasonable rules a= nd regulation governing the use of the units and the common elements, which ru= les and regulations shall be consistent with the rights and duties of unit owne= rs as established in this Declaration;
(14)contract for garbage and tra= sh collection, snow and ice removal, lawn and landscaping care, common area maintenance and other common services;
(15)exercise any other power gra= nted to the Association by the Act, this Declaration or the By-Laws.
&n= bsp; Section 12.04 – Meetings of = the Association. Meetings= of the Association shall be governed by the following and such additional rule= s as may be set forth in the By-Laws:
= (1) The Association shall maintain a roster of names and addresses of the current u= nit owners to whom the notice of meetings of the Association shall be sent.
= (2) Each unit owner shall furnish the Association with his or her name and current mailing address and no unit owner may vote at a meeting of the Association until this information is furnished.
= (3) No regular or special meeting of the Association may be held except on at least ten (10) days written notice delivered or mailed to each unit owner at the address shown on the roster or unless waivers are duly executed by unit own= ers.
&n= bsp; Section 12.05 – Declarant Co= ntrol. The Declarant, or persons designat= ed by the Declarant, may appoint and remove the officers of the Association and exercise the powers and responsibilities otherwise assigned by the Act, this Declaration or the By-Laws to the Association or to its officers for a peri= od ending three (3) years after the date that the first condominium unit is conveyed by the Declarant to any person other than the Declarant, or thirty (30) days after the conveyance of seventy-five percent (75%) of the common element interest to purchasers, whichever shall first occur. This provision is subject to limit= ations respecting the election of Association directors as contained in the Act set forth in the By-Laws.
&n= bsp; Section 12.06 – Board’s Determination Binding. In the event of any dispute or disagreement between any unit owners or occupan= ts relating to the property, or any question of interpretation or application = of the provisions of this Declaration, or By-Laws, the determination thereof by the Board shall be final and binding on each and all of such unit owners, except as otherwise provided by law.
&n= bsp; Section 12.07 – Indemnity of Association. The Association and its officers and directors shall not be liable to the unit owners for any mistakes of judgement or any acts or omissions made in good faith as such directors or officers. The unit owners shall indemnify and hold harmless each of such direc= tors and officers against all contractual liability to others arising out of contracts made by such directors and officers on behalf of the unit owners = or the Association, unless any such contract shall have been made in bad faith= or contrary to the provisions of this Declaration. Such directors and officers shall = have no personal liability with respect to any contract made by them on behalf o= f the unit owners or the Association. The liability of any unit owner arising out of any contract made by such direct= ors or officers or out of the aforesaid indemnity shall be limited to the percentage interest established by Section 4.02 (Percentage Interest) of th= is Declaration. Each agreement m= ade by such directors or officers or by the managing agent on behalf of the unit owners or the Association shall be executed by such directors or officers or the managing agent, as the case may be, as agents for the unit owners or for the Association.
ARTICLE XIII
EASEMENTS AND ENCROACHMENTS
&n= bsp; Section 13.01 – Utility Repa= ir Easements. Easements = are hereby declared and granted for utility repair purposes, including the righ= t to install, lay, maintain, repair and replace water mains, laterals and pipes, sanitary sewer mains, laterals and pipes, gas mains, storm sewers, telephone wires and equipment, cable television lines, electrical conduits and wires = and equipment over, under, along, through and on any part of the common element= s. These easements shall run only to = the Declarant and Association and not to any utility company unless specifically conveyed or granted to such utility company by the Declarant or the Association. Declarant reserv= es solely unto himself the right to dedicate to the City of Mosinee water and sewer mains and to grant easements to the City for maintenance of such mains. The location of contem= plated easements is reflected on the condominium plat.
&n= bsp; Section 13.02 – Easements to= Run with the Land. All interests and rights described and set forth in this Declaration are easeme= nts appurtenant to and running with the land, perpetually in full force and eff= ect and shall at all times inure to the benefit of and be binding upon the Declarant, the Declarant’s successors and assigns, and upon any unit owner, purchaser, mortgagee or other person or entity having an interest in said land or any part or parcel thereof.
&n= bsp; Section 13.03 – Encroachment= s. In the event that, by reason of the construction, settling or shifting of any building, any part of the common elements encroaches or shall hereafter encroach upon any part of any unit, = or any part of any unit encroaches or shall hereafter encroach upon any part of the common elements or upon another unit, valid easements for the maintenan= ce of such encroachments and for the use of such adjoining space are hereby established and shall exist for the benefit of such unit owners and the com= mon elements as the case may be, so long as all or any part of the building containing such unit shall remain standing; provided, however, that in no e= vent shall a valid easement for any encroachment be created in favor of the owne= r of any unit, or in favor of the owners of the common elements if such encroach= ment occurred due to the willful conduct of such owner or owners. The provisions contained in this paragraph relating to such easements shall apply only insofar as it may be necessary to carry out the terms and intent of the Declaration.
ARTICLE XIV
MUNICPLE SERVICES
&n= bsp; Section 14.01 – Sewer and Wa= ter Charges. Each unit ow= ner is responsible for the timely payment of sanitary sewer and water user charges imposed upon that unit by the City of Mosinee.
&n= bsp; Section 14.02 – Property Tax= es. In accordance with the Act, each u= nit, together with its percentage interest in the common elements, is subject to property tax assessments and the collection of taxes in the same manner as = any other parcel of real estate.
&n= bsp; Section 14.03 – Special Char= ges – Waiver of Notice. In the event the City provides services related to the condominium&#= 8217;s common elements, either because the Association requests such services, an emergency to health or safety exists or because the Association, after noti= ce from the City, fails or refused to timely correct a health or safety proble= m, the City may, in accordance with WI SS 66.60(16), levy and collect special charges for such services. Su= ch charges shall be levied equally to all units of the condominium. The Declarant, for the Declarant a= nd the Declarant’s successors and assigns, does hereby consent to the levyin= g of such charges and does hereby waive notice of any hearing with respect to any such levy.
ARTICLE XV
MISCELLANEOUS PROVISIONS
&n= bsp; Section 15.01 – Notice to Mo= rtgage Lenders. Upon written request to the Association, the holder of any duly recorded mortgage or oth= er interest in any unit shall be given a copy of any and all notices permitted= or required by the Declaration to be given to the unit owner whose unit is sub= ject to such mortgage or interest.
&n= bsp; Section 15.02 – Covenants to= Run with Land. Each grant= ee (purchaser of a unit) of the Declarant, and each subsequent purchaser, by t= he acceptance of a deed or contract of conveyance, accepts the same subject to= all restrictions, conditions, covenants, reservations, liens and charges, and to the jurisdiction, rights, benefits and privileges of every character hereby granted, created, reserved or declared; and all impositions and obligations hereby imposed shall bind any person having at any time any interest or est= ate in said land or any unit thereon, and shall inure to the benefit of such un= it owner in like manner as though the provision of this Declaration were recit= ed and stipulated at length in each and every deed of conveyance or instrument= of title.
&n= bsp; Section 15.03 – Non-Waiver of Covenants. No covenan= t, restriction, condition, obligation or provision contained in this Declarati= on shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur or any time lapse.
&n= bsp; Section 15.04 – Waiver of Da= mages. Neither the Declarant nor his agen= ts, representatives or employees shall be liable for any claim whatsoever arisi= ng out of or by reason of any actions performed pursuant to any authority reserved, granted or delegated to the Declarant pursuant to this Declaratio= n, or the Declarant’s capacity as developer, owner, manager or seller of= the condominium, whether such claim (i) is asserted by the unit owner, unit occupant, unit mortgagee, the Association or by any person or entity claimi= ng through any of them; or (ii) is made on account of injury to person or dama= ge to or loss of property, wherever located and however caused.
&n=
bsp; Section 15.05 – Amendment of
Declaration. This
Declaration may be amended with the written consent of at least two-thirds
(2/3) of the unit owners, provided, however, that no provision of this
Declaration may be changed, modified or rescinded so as to conflict with the
provisions of the Act; provided, however, that Article XIV (Municipal Servi=
ces)
may not be amended without the consent of the City of Mosinee. A unit owner’s written conse=
nt is
not effective unless it is approved by the mortgagee of the unit, if any.
&n= bsp; Section 15.06 – Expanding the Condominium. The Decl= arant reserves the right, with the proper regulatory approvals, to expand the condominium by adding additional adjoining land and adding additional buildings. Any additional bui= ldings shall be consistent with Article II (Condominium Buildings) of this Declara= tion and any additional units shall be consistent with Article III (Condominium Units) of the Declaration. Up= on completion of said expansion, the percentage interest in the common areas p= er Section 4.02 (Percentage Interest) of this Declaration shall be change from= a 1/20 undivided equal interest a 1/(total number of units) undivided equal interest.
&n= bsp; Section 15.07 – Number and G= ender. Whenever used herein, unless the c= ontext shall otherwise provide, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include = all genders.
&n= bsp; Section 15.08 – Captions. The captions and section headings = herein are inserted only as matters of convenience and for reference, and in no way define nor limit the scope or intent of the various provisions hereof.
&n= bsp; Section 15.09 – Severability= . The invalidity of any covenant, restriction, condition, limitation or any other provision of this Declarati= on or any part of the same, shall not impair or affect in any manner the valid= ity, enforceability, or effect of the remainder of this Declaration.
&n=
bsp; Section 15.10 – Service of
Process. At the time =
of the
adoption of this Declaration, the registered agent for service of process s=
hall
be Arden J. Emmerich, c/o Emmerich & Associates, Inc., 453 Grand Avenue,
Schofield, Wisconsin 54476.
&n= bsp; Section 15.11 – Jurisdiction= . This Declaration shall be governed= by the laws of the State of Wisconsin, County of Marathon, and City of Mosinee= .
&n= bsp; IN WITNESS WHEREOF, the said Decl= arant, has executed this Declaration on the 27th day of September, 2004= .
&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; Arden J. Emmerich
&n= bsp; = ; &n= bsp; = ; &n= bsp; By: &n= bsp; = ; &n= bsp; = ; &n= bsp;
STATE OF WISCONSIN&n= bsp; )
&n= bsp; = ; &n= bsp; = ; ) SS.
MARATHON COUNTY = ; )
&n= bsp; Personally came before me this 27th day of September, 2004, the above named Arden J. Emmerich, to me known to be the person who executed the foregoing instrument and acknowledge the same.
&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp;
&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; John H. Fischer
&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; Notary Public, Marathon County, Wis.
&n= bsp; = ; &n= bsp; = ; &n= bsp; = ; My Commission expires June 8th, 2008
This
instrument was drafted by
John
H. Fischer of
EMMERICH
& ASSOCIATES, INC.
453
Grand Avenue
Schofield,
WI 54476