DECLARATION OF PROTECTIVE COVENANTS FOR MUSTANG ACRES

David J. Petrie and Joan M. Petrie, husband and wife, ("Developer"), hereby declare as follows:

1. They are the owners of the residential subdivision known as Mustang Acres Subdivision, ("Subdivision"), which plat was filed in the Office of the Register of Deeds for Calumet County, Wisconsin, on March 28, 2000, at 2:55 P.M., as Document No. 301957, and is filed in Cabinet C, Page 86 of Plats.
2. The Lots within the Subdivision are numbered from 1 through 53, inclusive; and all dimensions are indicated by footage on the Plat. All streets and easements
   specifically shown or described within the certified Plat are hereby expressly
   dedicated to public use for their usual and intended purposes.
3. The provisions of these Covenants are for the mutual benefit and protection of the present and future owners of any and all land in the Subdivision, shall run with the land, and shall benefit and be binding upon such present and future owners, and their respective legal representatives, successors, grantees and assigns. Now therefore, the Lots within the Subdivision shall be subject to the covenants, agreements, restrictions, easements and limitations hereinafter set forth, which shall be considered a part of every conveyance of land in the Subdivision:

SECTION 1:   PURPOSE
The purpose of these protective covenants is to insure the use of the property for attractive residential purposes only, to prevent nuisances, 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 and every site owner the full benefit and enjoyment of their home, with no greater restriction on the free and undisturbed use of their site than is necessary to insure the same advantages to the other site owners.

SECTION 2:   LAND USE AND BUILDING TYPE

1. Buildings. All dwellings shall not exceed two and one-half stories. No building shall be moved onto any Lot. No Lot shall be further subdivided. All Lots shall be for single-family dwellings, except Lots 38, 39,40 and 41, where two-family residences shall be permitted.
2. Land Use. No excess soil can be moved from the subdivision without permission of the developer.

SECTION 3:   BUILDING MATERIALS

1. Exteriors. The exterior building material of all structures shall extend to the ground level and shall be either brick, stone, brick veneer, stone veneer, wooden siding, metal siding, vinyl siding, or any combination of the same. Developer recognizes that the appearance of other exterior building materials may be attractive and innovative and reserves the right to approve in writing the use of other exterior building materials. Single-family dwellings having identical or significantly similar exteriors may not be constructed "side-by-side" within this subdivision without prior written permission from Developer.
2. Roofs. The roof pitch of any residential structure shall not be less than a plane of 6 inches vertical for every plane of 12 inches horizontal, which shall be subject to architectural review.
3. Porches. All exposed concrete porches shall have a brick or stone face.

SECTION 4:   MINIMUM SIZE REQUIREMENTS

The ground floor area of the main structure, exclusive of open porches, breeze ways and garages shall be a minimum of the following:

1. Single-Family Residences.
   
   

   Type	Min. Square Footage
   1 story	1,750 square feet
   1.5 story	1,000 square feet
   2 story	1,000 square feet
   Quad-level	600 square feet per level with a minimum of 1,800 square feet of finished area
   Bi-level	1,600 square feet each level

   
   
2. Total Square Footage. The total minimum square feet for a 1.5-story home shall be not less than 1900 square feet The total minimum square feet for a 2-story home shall be not less than 2000 square feet.
3. Two-Family Residences. The ground floor area of each unit of the two-family residence shall be at least 1,200 square feet.

SECTION 5:   GARAGES
Each house must have, at a minimum, an attached two-car garage; however, the garage shall not be more than three-car widths wide. No carports shall be permitted. Garages for a single-family residence shall be a minimum of 480 square feet.

SECTION 6:   CONSTRUCTION PLANS
All building plans and specifications must be approved in advance by the Developer or any person or association whom it may assign such right before any construction begins. In the event that the Developer fails to approve or disapprove the design and location within thirty (30) days after said plans and specifications have been submitted to Developer, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required, and this Section will be deemed satisfied.

SECTION 7:   CONSTRUCTION COMPLETION
Construction of all building structures must be completed within nine (9) months of initiation of construction. Construction initiates when building materials arrive on site or excavating begins.

No person or persons shall be allowed to live in any garage house or in a basement of an uncompleted residence unless written permission is granted by the Developer for a period not to exceed two (2) months.

SECTION 8:   SETBACKS
No structure shall be located on any Lot nearer to the front Lot line or the side street line than the minimum building setback lines stipulated by the Village of Sherwood.

SECTION 9:   LANDSCAPING AND DRIVEWAYS

1. Landscaping. Within one (1) year of the final completion of construction of a residence, the Lot owner shall grade and either seed or sod that portion of the Lot not used for buildings, paved entrances, or attractive landscaping.
2. Driveway. Each Lot owner shall pave the driveway within one (1) year after completion of the residence.

SECTION 10:   EXTERNAL ACCESSORIES

1. Clotheslines. Outside clotheslines may be erected only in the rear of the residence.
2. Fences. Any fence erected or placed facing any street within the subdivision, or extended along the side of the Lot toward the front or street side beyond the front wall of the residence, will not exceed four (4) feet in height and will be constructed of wood, stone, brick or rock. Foliage or hedge fences are permitted facing any street to a maximum height of four (4) feet
3. Swimming Pools. Swimming pools shall be permitted if a pool fence is erected on the Lot with fencing that is wooden or metal coated with black or green vinyl. No fence shall interfere with the view from an adjacent Lot, and no fence shall be erected on the easement areas. Prior to construction the fence plan shall be submitted to Developer for inspection of the plan and approval by the Developer or any person or association to whom it may assign the right. A swimming pool and its entry area shall not exceed one-third (l/3rd) of the back yard area.
4. Antennas. No antennae (except for standard small television antennae) or satellite dishes that exceed 18 inches in diameter shall be erected or placed on any Lot.

SECTION 11:   OTHER STRUCTURES AND VEHICLES

1. Temporary Structures. No structure of a temporary character shall be permitted on any lot except temporary tool sheds or field offices used by a builder or Developer, which shall be removed when construction or development is completed.
2. Utility Building. Subject to the approval of the Developer, an unattached building may be built that is no larger than 150 square feet, so long as it is of the same exterior design, material and quality of Hie home on the Lot. The size requirements for such utility building shall not apply to Lot 37, which contains existing structures. A utility building must comply to all setback lines and or restrictions, No materials of any type may be stored outside the unattached building or the
3. Recreational Vehicles. In-season external parking of recreational vehicles shall be permitted on a paved area.   Other than that provision, no trailer, truck, motorcycle, commercial vehicle, camper vehicle or boat shall be habitually parked or kept on any Lot, unless housed in a garage. No automobile that is inoperable shall be habitually or repeatedly parked or kept on any Lot or on any street in the subdivision for a period in excess of seventy-two (72) hours.

SECTION 12:   MAINTENANCE

1. Vacant Lot Maintenance.    From the date of purchase of a Lot and until construction has begun, the owner is responsible for maintenance of the Lot Such maintenance will include but will not be limited to mowing, keeping the Lot free from trash, and keeping foliage off neighboring Lots. Upon failure of owner to perform. Developer has the right to perform necessary maintenance. Developer may assess the Lot owner an amount Developer determines necessary to maintain the Lot.
2. Duty to Repair and Rebuild, Lot owners shall, at their sole cost and expense, repair their residence, keeping it in a condition comparable to that at the time of its initial construction, excepting only normal wear and tear.
3. Casualty; If all or any portion of a residence is damaged or destroyed by fire, or other casualty, then the owner shall, with all due diligence, rebuild, repair, or reconstruct such residence as soon as reasonably possible, in a manner which will substantially restore it to its apparent condition immediately prior to the casualty.

SECTION 13:   SIGNS
No sign for advertising or for any other person shall be displayed on any Lot or on a building or a structure on any Lot, except one sign by the builder and one sign by the Realtor or owner advertising the sale thereof, which shall not be greater in area than nine (9) square feet each; provided, however, Developer shall have the right to (i) erect larger signs when advertising the subdivision (ii) place signs on Lots designating the Lot numbers, and (iii) following the sale of a Lot, place signs on such Lot indicating the name of the purchaser. The restriction shall not prohibit placement of occupant name signs and Lot numbers as allowed by applicable zoning regulations.

SECTION 14:   DRAINAGE
Drainage of each Lot shall conform to the general drainage plans of Developer for the subdivision, and drainage plan on record with the Engineer for the Village of Sherwood. Each Lot owner is required to obtain necessary information regarding drainage from the Village of Sherwood Engineer. No storm water drains, roof down spouts or ground water shall be introduced into the sanitary sewage system. Connection on each Lot will be made with watertight joints in accordance with all applicable plumbing code requirements.

SECTION 15:   TRASH
No Lot shall be used or be maintained as a dumping ground for rubbish, trash or garbage. Trash, garbage or other waste shall be stored in sanitary containers. All rubbish, trash or garbage generated in the construction of the residence and landscaping the yard are the responsibility of the Lot owner and shall be removed from the Lot.

SECTION 16:   UTILITY SERVICE
Each property owner's electric, natural gas, telephone and cable television utility service lines shall be provided to each Lot line. The cost of hookup to the respective utility and maintenance shall be the responsibility of the Lot owner.

Appropriate easements are hereby dedicated and reserved to each Lot owner, together with the right of ingress and egress over abutting lots or properties to install, operate and maintain service lines to Wisconsin Gas Company/Kaukauna Electric & Water/Ameritech and Time Warner Cable termination points. The easements are as recorded on the final plat map indicating affected properties.

All easements shown on the plat will be maintained and preserved in their present condition and no encroachment thereon and no change in the grade of elevation thereof will be made by any person or Lot owner without the express written consent of the respective utility company and the Village of Sherwood.

Above ground transformers and pedestals may be installed at appropriate points in any easement.

SECTION 17:   NUISANCES
No noxious, offensive or illegal trade or activity shall be conducted on any Lot, nor shall anything be done which may be or become an annoyance or nuisance to the neighborhood.

SECTION 18:   ANIMALS
No animals, including reptiles, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets (meaning the domestic pets traditionally recognized as household pets in this geographic area) may be kept, provided they are not kept, bred or maintained for any commercial or breeding purposes.

SECTION 19:   ENFORCEMENT
Enforcement of these restrictions will be by proceeding of law or in equity, brought by any owner or by Developer against any party violating or attempting to violate any covenant or restriction, either to restrain violation, to direct restoration and/or to recover damages. Failure of any owner or Developer to demand or insist upon observance of any of these restrictions, or to proceed for restraint of violations, shall not be deemed a waiver of the violation or the right to seek enforcement of these restrictions.

SECTION 20:   SEVERABHLITY
Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.

SECTION 21:   BINDING EFFECT
Unless canceled, altered or amended under the provisions of this paragraph, these covenants and restrictions are to run with the land and shall be binding on all parties claiming under them for a period of twenty (20) years from the date this document is recorded, after which time they shall be extended automatically for successive periods often (10) years, unless an instrument signed by a majority of the then owners of the front footage of all lots subject to these restrictions has been recorded agreeing to change these restrictions and covenants in whole or in part. These restrictions may be canceled, altered, or amended at any time by a written instrument signed by the owners of the Lots with 75% of the votes in the subdivision and recorded in the office of the Clerk of Courts, Calumet County, Wisconsin.

SECTION 22:   RECEIPT
Individual Lot owner acknowledges receipt of these Covenants, Conditions and Restrictions by recording title to respective lot within Mustang Acres subdivision.