RESTRICTIVE COVENANTS
FOR MOONLIGHT MEADOWS SUBDIVISION

DECLARATION made this____ day of September, 2007, by Vantzl Development LLC
(the "Developer"), owner and developer of the following described real estate, same being the real estate now duly platted as:

All lots in Moonlight Meadows , a subdivision of the Town of Greenville, County of Outagamie, State of Wisconsin, as such plat is now recorded in
Cabinet___ of Plats, pages______ , as Document No._______ the Records
in the office of the Register of Deeds in the County of Outagamie, (the "Subdivision")

hereby makes the following declarations as to limitations, restrictions, and uses to which the lots or tracts constituting such Subdivision may be put, and hereby specify that such declarations shall constitute covenants to run with all the land, as provided by law, and shall be binding on all parties and all persons claiming under them, and for the benefit of and limitations on all future owners in such subdivision.

1. Purpose. The purpose of these restrictions is to insure the use of the property for
   attractive residential purposes only, to prevent nuisance, to prevent the impairment of the attractiveness of the property, and to maintain the desired tone of the community, and thereby to secure to each site owner the full benefit and enjoyment of his home, with no greater restriction on the free and undisturbed use of his site than is necessary to insure the same advantages to the other site owners.
   
2. Pre-Construction Maintenance. The owner of a lot is responsible for maintenance
   of the lot before construction begins. No trash, waste, weeds, brush or long grass is permitted.
   
   
3. Construction Maintenance.   At all times during construction, the site shall be
   maintained in a neat and orderly manner. Construction debris shall be contained as to prevent such material from blowing onto neighboring properties or streets. During construction, no access to the building site shall be allowed over adjacent lots.  If any damage is done to the adjacent lots or drainageways, the owner of the home under construction shall restore or pay the Developer for the restoration of said property to its pre-damaged condition.
4. Land Use and Building Type.

a. Single Family Dwellings.
No lot shall be used except for single family residential purposes or storm water detention.  No building shall be created, altered, placed, or permitted to remain on any single-family lot other than one single-family dwelling and a private attached garage for not more than four (4) cars. All exposed concrete on porches must have brick, stone, or stone veneer face. Landscaping must be completed within one (1) year of commencement of construction of the home. Permanent lawns must be established with grades in conformance with the approved drainage plan within one (1) year after initial occupancy of the home. All homes must have an attached garage.

b. Accessory Buildings.   
One accessory building of not more than 300 square fee is allowed, provided its roofing, siding and soffit matches the single-family dwelling on said lot in both color and design.

5. Minimum Floor Plan Size.   The following shall be the minimum floor areas for
   homes to be constructed on a lot, exclusive of basement area, garage area, breezeways and open porch areas:
   
   a.  The aggregate floor space of a one-story house shall be a minimum of 1500 square feet;
   b.  The aggregate floor space of a two-story house shall be a minimum of 1900 square feet with a minimum of 1000 square feet on the first floor;
   c.  The aggregate floor space of a one- and one-half-story house shall be a minimum of 1800 square feet with a minium of 1350 square feet on the first floor.
   All other building designs, including split level structures are subject to plan approval by the Developer.
   
   
6. Height. No dwelling shall exceed 2 1/2 stories in height above the finished grade level.
   
   
7. Used Buildings. No used buildings or residences shall be moved onto the property.
   
   
8. Temporary Structures. No structure of a temporary nature, trailer, tent, shack, barn, shanty or similar structure shall be permitted on any lot either temporarily or permanently.
   
   
9. Building Setbacks. All building setbacks must be in conformance with all approving
   and objecting agencies, including, but not limited to, the Town of Greenville, Outagamie County, State of Wisconsin, etc.
   
   
10. Foundations. All homes must have concrete basement walls and all garages must
    have four-foot foundation walls. No slab on-grade houses shall be allowed. No wood foundations are allowed.
    
    
11. Home Exteriors. No bright blue, yellow, or other neon-type colors are allowed on
    the exterior of any structure. Soft shades of the above colors are allowed with the written approval of the Developer.
    
    
12. Roof Pitch.  The roof pitch on all residences must be a minimum of 6/12 pitch,
    however, the pitch of any gables coming off the main roof may be less than 6/12 pitch.
    
    
13. Fencing and Swimming Pools. Professionally installed fences, not more than four
    feet in height and designed not to restrict view, are allowed. Professionally installed swimming pools are also allowed, provided the swimming pool is located behind the main dwelling and does not impair the attractiveness of the property.
    
    
14. Antennas/Satellite Dishes. Radio and TV antennas are not allowed on the exterior
    of a building or on poles.  Satellite dishes are allowed, however, they are not allowed in the front or on the roof of a building, and shall not exceed twenty inches (20") in diameter.
    
    
15. Solar Panels.   Solar panels are not allowed on the exterior of any building or
    structure, or upon any portion of any lot.
    
    
16. Dog Kennels. No outdoor dog kennels or dog runs are allowed on any lot.
    
    
17. Completion. All homes and attached garages shall be completed before occupancy (except for the interior of the lower level of bi-level or tri-level homes). No structure other than a fully completed residence shall be occupied.
    
    
18. Removal of Dirt. So long as Developer owns any lot, Developer reserves the right
    to direct the disposition of any dirt that is to be removed from a lot. However, such disposition as directed by the Developer shall be within the subdivision.
    
    
19. Architectural Control. No dwelling or other house or structure shall be erected on
    any lot of this subdivision until the plans and specifications have been submitted to and approved by the Developer. If the Developer fails to approve or disapprove such plans and specifications within sixty (60) days after the same have been submitted, said plans and specifications shall be deemed to have been approved. All decisions of the Developer shall be enforceable against any lot owner if made in a good faith exercise of the judgment or discretion so long as such decision is not clearly in conflict with the express provisions of this declaration. Any person seeking to challenge any such decision of the Developer shall have the burden of proof to establish that such standards were not met at the time the decision was made.
    
    
20. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor
    shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. All campers, recreational vehicles, boats, trailers, and garden tractors must be stored inside. No bus, large truck or semi tractor and/or trailer shall be parked anywhere within the exterior boundaries of all phases or additions to the Moonlight Meadows Development unless they are there less than 48 hours to allow time for cleaning or packing.
    
    
21. Division of Lots. No lot shall be further subdivided to create a larger number of lots without the written approval of the developer and all governing agencies.
    
    
22. Easement.   Easements for installation and maintenance of utilities and drainage
    facilities are reserved as shown on the recorded plat.   The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot except for these improvements for which a public authority or utility company is responsible.
    
    
23. Drainage.   No blockage, dam or other obstruction of the flow of surface water
    drainage, which causes such water to back-up onto another lot, shall be permitted. Lot grades shall be maintained in compliance with the approved drainage plan at all times. Land on all side and rear lot lines shall be graded and maintained so as to provide for adequate drainage of surface water.
    
    
24. Animals. No animals, livestock, birds, or poultry of any kind shall be raised, bred,
    or kept on any lot, except that a dog or a cat, or other indoor pets, such as fish, parakeets or hamsters, may be kept, provided that they not kept, bred, or maintained for any commercial purpose and no more than two (2) household pets shall be permitted on any lot. Nothing contained herein shall be construed to permit the keeping of any dog, cat, or other animal which shall in any way constitute a nuisance. All pets shall be kept inside the principle dwelling when not supervised by their rightful owners.
    
    
25. Signs. No sign of any kind shall be displayed to the public view on any lot except
    (1) one professional sign of not more than one (1) square foot; 2) one sign of not more than five (5) square feet advertising the property for sale; and 3) one sign of not more than ten (10) square feet, advertising the property during the construction period.
    
    
26. Trash. All trash and waste shall be kept in sanitary containers and out of public view. Each lot owner is required to perform maintenance and upkeep on their lot. No lot shall be used as dumping ground for garbage or other rubbish, brush, weeds, or other waste and Developer is not liable for unauthorized dumping of lawn clippings, brush or other materials on any lot or in drainage ways, after closing.
    
27. Property Owners Association. Every lot owner to which these covenants apply shall be a member of Moonlight Meadows Owners Association, Inc. (the "Association") and shall participate in the operation of the Association in accordance with the Bylaws of the Association. So long as Developer owns at least one lot in the subdivision, Developer shall have the right to appoint the majority of the members on the Board of Directors of the Association. The Board of Directors of the Association, is empowered under the Bylaws of the Association, to fix and collect assessments to provide for the operation, care, maintenance and upkeep of all areas for which the Association is responsible. In its exercise of authority under said Bylaws, the Board of Directors has the power and duty to collect interest on overdue assessments and to suspend voting rights of an Association member during any period in which such member is in default in the payment of said assessment, hi addition, any unpaid assessments may become a lien against the member's property within the subdivision. The Board of Directors may vary the amount of the annual assessment by not more than fifteen percent (15%) from the immediately preceding year without membership approval, and by more than fifteen percent (15%) only when so authorized by a majority vote of the Association.
    
    
28. Storm Water Detention Facilities. The storm water detention facilities and drainage ways located within the Subdivision are owned by the Association and are part of the approved storm water drainage plan. There shall be no swimming or wading within, or any floating or other navigation upon any storm water detention facilities or drainage ways located within the Subdivision. No fishing is permitted on storm water detention facilities located in the Subdivision. The deposit of fertilizer, grass clippings, or other organic materials into drainage ways or storm water detention facilities located within the Subdivision, or any other polluting thereof shall be prohibited. Brush piles, fish cribs, stones, rocks, gravel, or trees shall not be deposited into any drainage way or storm water detention facility. No fish or other aquatic animals shall be released into the drainage ways or storm water detention facilities and anyone releasing unauthorized fish or other aquatic animals into the drainage ways or storm water detention facilities shall be charged removal costs at the Association's discretion. The feeding or releasing of ducks or geese within the Subdivision shall be prohibited. No cars, trucks, snowmobiles or other motorized vehicles, cross country skies, snowshoes, ice skates or other devices are allowed on the drainage ways or storm water detention facilities during the winter or at any other time. The Developer shall not be liable for costs, expenses, damages or injury incurred by those lot owners or their guests or invitees who violate these restrictions.   Lot owners are solely responsible for abiding by all covenants and restrictions and will bear any costs, or damages or restitution necessary because of the actions of their children, guests, or invitees. The Town of Greenville shall have the unqualified right to enter upon any drainage easement for inspection, maintenance or repair of drainage ways and storm water facilities.
    
    
29. Enforcement.
    a.  Upon the violation of any one or all of the provisions of this Declaration, the
    Developer, the Association or a lot owner, as the case may be, shall have the right to proceed at law or in equity against the person or persons violating or attempting to violate any such covenant or restrictions, and shall be entitled to both equitable and legal relief, including reasonable attorneys' fees. Any failure of such enforcement shall not be deemed a waiver of a right to do so or the acquiescence of any violation subsequent or otherwise.
    
    b.  The Developer or the Association, as the case may be, shall have the right to levy and collect an assessment (which is due upon receipt of notice) against any lot for any costs and expenses incurred by the Developer or the Association, as the case may be, in the enforcement of the provisions of this Declaration with respect to such lot, including without limitation, the costs of consultants and actual attorneys' fees, whether or not litigation is commenced with respect thereto. The Developer or the Association shall further have the right to levy and collect an assessment against all lots in the Subdivision for reimbursement of costs and attorneys' fees incurred by the Developer or the Association in the enforcement of this Declaration, provided, that (I) said assessment shall be equally allocated to all platted lots in the Subdivision, including those owned by Developer, and (ii) any enforcement costs recovered from the violating lot owner shall be credited or refunded to owners of lots against which the assessments were made.
    
    c.  Any assessments not paid when due shall bear interest at a rate established in the Bylaws until paid in full, and such unpaid assessment, together with the interest thereon, shall constitute a continuing lien against the real estate for which the assessment is made. Said lien may be foreclosed in the same manner as real estate mortgages under Wisconsin law, provided that such liens shall be subordinate to any purchase money for construction mortgage. The assessment and interest thereon shall further be the personal obligation of the applicable lot owner.


30. Disturbance of Survey Stakes. No pole, pedestal, buried cable or other object shall be placed so as to disturb any survey stake or to obstruct any vision along any lot lines or street. Any disturbance of a survey stake is a violation of Section 236.32 of the Wisconsin Statutes.
    
    
31. Severability. Invalidation of any one of these covenants by j udgment or court order shall in no way affect any of the other provisions which shall remain in full force an defect.
    
32. Amendment. This Declaration may be modified, clarified, changed and/or amended
    at any time and in any manner by written declaration setting forth such modification, change, clarification and/or amendment, which has been executed by the owners of at least seventy-five percent (75%) of the lots in the Subdivision, in such form as to allow it to be recorded in the relevant County Register's Office; provided, however, that such modification, change, clarification and/or amendment shall require the written approval of Developer, so long as Developer owns any lot(s) in the Subdivision. Further, so long as Developer owns any property in the Subdivision, Developer, by itself alone, shall be entitled to modify, clarify, change, amend and/or terminate the covenants, conditions and restrictions.
    
    
33. Term. These conditions, restrictions and requirements are covenants running with
    the land, and shall become binding upon the grantors and grantees of the property herein, their respective heirs, executors, administrators, successors, and assigns, for the period of twenty (20) years from and after the date hereof, after which time they shall be automatically extended for successive periods often (10) years.
    
    
34. Interpretation.   These declarations shall be construed and interpreted in favor of
    restricting the use of each lot consistent with the purposes hereof and any ambiguity shall be resolved against any lot owner who installs any structure or engages in any activity not clearly authorized under these declarations.

IN WITNESS WHEREOF, Vantzl Development, LLC has hereunto set its hand on the day and year first above written.
VANTZL DEVELOPMENT, LLC