In joining in the execution of the within conveyance, the Grantee(s) acknowledge the existence of, and do hereby covenant and agree with the Grantor to observe and comply with, each of the following covenants and building restrictions established and imposed by the Grantor for the betterment of the development.It is agreed and acknowledgedthat the burden of these covenants and building restrictions shall run with the lands being conveyed herein conveyed (“the lands”) and that the benefit of these covenants and building restrictionsshall enure to and run with those lands of the Grantor contained in Schedule “C” hereto.

Permitted Buildings and Structures

1. No structure shall be erected or placed in any way on the said lands other than a private family dwelling house and garage for the use of a single family.

2. “Garage” as used herein shall include any structure used or to be used for the
housing or protection of motor vehicles.

3. Other than a garage, no ancillary buildings shall be permitted on the said lands
without the written consent of the Grantor.

4. No dwelling house shall be erected or stand upon the said lands or any part
thereof which shall have a ground floor area of less than:

a. 1200 square feet in the case of a one storey;

b. 800 square feet in the case of a dwelling of two storeys, provided that the
total habitable floor area of the dwelling house above ground shall not be less than 1600 square feet.The measurement for calculations of the areas referred to in this paragraph number 4 shall be taken as the outside measurements of the main walls of each dwelling house, excluding garage, porch, verandah, sunroom and attic.

5. No building shall be erected or placed on the Lands with an aggregate height
greater than that of a typical or usual residential basement and two levels or stories.

6. No building shall be erected or placed on the Lands so as to be within 25 feet of
the nearest street or road boundary, or within 10 feet of any other boundary of the Lands.

7. Before any building is erected on the said land, the plans and location therefore
shall be approved in writing the Estate Manager, and the buildings shall be in strict conformity with such plans and all buildings shall be of neat design and shall be completed in a proper and workmanlike manner within six (6) months of commencement of constructions and shall complete landscaping within twelve (12) months after the commencement of construction.

8. The said lands or any buildings erected or to be erected thereon, subject to the provision of this paragraph, shall not be used for the purpose of any profession, trade, employment, service, manufacturer or business of any description, nor as a school, hospital or other charitable institution, nor as a hotel, apartment house, rooming house or place of public resort, nor for any sport (other than such games as are usually played in connection with the normal occupation of a private residence), nor for any purpose other than that of a private single family residence, provided, HOWEVER, the owner shall be entitled to use the property as a home office with the only employees entitled to use the property shall be the owner and his immediate family (spouse and children). 

9.  No use shall be made on the Lands, nor shall use be permitted upon the Lands that would constitute a nuisance to the owners or occupants of any neighbouring lands.No buildings shall be occupied before the exterior is completed in accordance with the plans and specifications.The Grantee(s) agrees that the ground, lawns and shrubbery surrounding the buildings shall be improved in such manner as to be in keeping with the general appearance of the surrounding lands within a period of 12 months of occupancy.

10. No trailer or “shell” dwelling shall erected or placed on the Lands as a place of
sleeping, eating or recreation, nor shall any motor vehicles which do not carry a current year licence plate be stored or kept on the Lands.

11.No signs, billboards, notices or other advertising matter of any kind (except the
ordinary signs offering the said lands or buildings thereon for sale or rent) shall be placed  on any part of the said lands or upon or in any buildings or on any fence, tree or other structure on the said lands without the consent of the Grantor in writing.

12. No excavations shall be made on the said lands except excavations for the
purposes of building on the same at the time of commencement of such buildings or for the improvement of the gardens and ground thereof.No soil, sand or gravel shall be removed from the said lands except with the prior permission of the Grantor.

13. Only custom built dwellings shall be erected on the said lands unless plans for a modular prefabricatedand/or component type home are approved in writing by the Grantor and such dwellings shall be in strict conformity with such plans.

Miscellaneous

14. No change in the topography or elevation to the land shall be permitted which will interfere with the drainage of, or which would otherwise cause any hardship to, adjoining lots.

15. No building waste or other material of any kind shall be dumped or stored on the said lands except clean earth for the purpose of levelling in connection with the erection of a building thereon or the immediate improvement of the grounds.

16. No horse, cattle, hogs, sheep, poultry or other stock or animals other than house pets of a nature usually permitted in private homes within urban residential neighbourhoods shall be kept or housed on the Lands.

17. No incineration or other refuse burning device shall be erected or placed on the
Lands, except with the prior written consent of the Grantor, and no refuse or
waste pile (other than a well-maintained compost pile or compost container) shall be maintained on the Lands other than within a garage or enclosed building.

18. No snowmobiles, ATV’s, or other off-road motorized vehicles may be used on
remaining lands of the Grantee or on any common roadways provided for automobile traffic, nor shall the use of such vehicles be permitted on ski/hiking trails or other rights of way except for maintenance purposes.

19. No excessively noisy vehicles, such as dirt bikes with two stoke engines, are permitted on the Lands or on any roadways or rights-of-way at any time.

20. No repairs (other than of a minor nature only) shall be furnished to any motor
vehicle, boat or trailer on the Lands except those furnished within a wholly enclosed garage and no derelict, inoperable, unused or unsightly motor vehicle or other mechanical device shall be stored on the Land.

21. The Grantee agrees not to sell or convey the Lands without having first obtaining a covenant from the purchaser or transferee to observe the restrictions as set forth in this schedule, including this paragraph.

22. The Lands shall not be subdivided into smaller parcels at any time but should be realignment of any boundary be deemed desirable and otherwise in conflict with the intent of this section (being to prevent the creation of smaller lots out of the original lot) the express written approval of the Grantor must be obtained and the Grantor must indicate this approval by signing the face of the subdivision plan.

23. The restrictions contained in this schedule are severable and the invalidity or unenforceabilityof any individual restriction, or part thereof, shall be deemed to not affect the validity or enforceabilityof any other restriction, or any part thereof.

24. The Grantor reserves the right to alter, waive or modify any of the foregoing building or other restrictions so long as their substantial character is maintained.

25. In any paragraph in this schedule where the consent of the Grantor is required, the consent shall be at the sole discretion of the Grantor who may withhold same unreasonably.

Roadways and Rights-of-Way

26. The Grantee acknowledges the obligations to share (monetarily or otherwise) in the upkeep and maintenance of all rights-of-way in which the Grantee has an interest in common with the owners of other lots within the development, or any future lots in adjacent developments carried out on the remaining lands of the Estate Owners situate at the south and developed by the same developer, including the private roadway leading from Highway No. 6 (Malagash Road, so called) to the lands and rights-of-way to the shores of the Northumberland Strait.To that end, the Grantee shall contribute an amount that is equal to the proportionate share of the cost of the total upkeep and maintenance, including snow removal, of all roads, trails and rights-of-way, common areas, wharves, etc., to which the land owners in general have access, including any future lots in adjacent developments carried out on the remaining lands of the Estate Owners situate at the south to which the landowners, including future adjacent developments, in general, have access.

27. The Grantee acknowledges that the remaining lands of the Estate Owners shown on the survey plan may be developed in the future through the use of the “future access” right-of-way shown on the plan line between Lot 8 and Lot 7 and that future lot owners of development of these lands shall be entitled to us and be responsible to contribute their proportionate share for the use, maintenance and upkeep of all rights-of-way in this development and any future developments.The Grantee further acknowledges that the extensions of the rights-of-way in any future development of adjacent lands shall be included in the definition of “all rights-of-way” with respect to the provisions of this and subsequent paragraphs dealing with roadways and rights-of-way.

28. The amount determined in paragraph ____ shall be payable on July 1 of each year commencing on July 1, 2002, and shall not exceed $300.00 per year for the first three years but may be increased from time to time thereafter by the Grantor (or any association incorporated for that purpose) provided the consent of not less than 50% of the landowners who have erected dwellings on their lots have consented and the change reflectsvariations in the costs of such upkeep and maintenance.Notwithstanding the foregoing a person owning more than one lot will pay only one assessment and have only one vote provided the lots are contiguous and the person only has one dwelling.

29. Upon completion of the development or at such other times as the Grantor deems fit, the Grantor may convey and assign to a body corporate that is incorporated for the purposes of maintaining all roadways and rights-of-way, any interest or title which the Grantor holds in same, including all the rights of the “Grantor” under these covenants.

Use of Lands

30. The Lands and permitted buildings erected thereon shall be maintained in a proper and cleanly condition and to that end the Grantee shall keep that portion of the Lands which are cleared,properly mowed, cleared and maintained at all times.

31. No exterior television or radio aerials or satellite receivers may be erected or maintained on any part of the said lands without the prior written consent of the Grantor.

32. The Lands or any portion thereof shall not at any time be used for the purpose of permitting access to any other lot, property or lands whether owned by the Grantor, unless the Grantor agrees to this use in writing, or otherwise, and no right-of-way or right to use any roadway or right-of-way is transferable, reservable or assignable by the Grantee to any third party other than as created by the Grantor.

33. The Grantee consents to the erection, installation, repair and maintenance along any boundary of the Lands of any electrical, telephone and/or television poles, lines or equipment (including guy wires and anchors required in connection therewith) and any underground cables, provided same are for the common use of neighbouring landowners, together with all necessary access from time to time for the employees, agents and workmen of the corporation(s) so erecting, installing, repairing and maintaining same.