043117            2003 DEC-4 PH 3:31
Strafford County
Registry of Deeds

DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS

FOR IAN’S WAY

PRPC DEVELOPMENT GROUP, LLC

ROCHESTER, COUNTY OF STRAFFORD, STATE OF NEW HAMPSHIRE

WHEREAS, PRPC Development Group. LLC. of the City of Rochester, County of Stratford, State of New Hampshire, (hereinafter called the “Grantor”) is the owner of certain real estate situated in said Rochester, New Hampshire, more fully described in the deed of Family Farm Realty to said PRPC Development Group. LLC, said deed dated November 19. 2002 and recorded in the Stratford County Registry of Deeds at Book 2629. Page 0167: and

WHEREAS, the Grantor plans to develop said property into single family residential house lots in a cluster subdivision as shown on a Plan entitled “Subdivision of Land, Four Rod Road, Rochester, N.H. for PRPC Development Group, LLC” dated June. 2003. prepared by Norway Plains Associates, Inc. and recorded in the Strafford County Registry of Deeds as Plan 73-48:

WHEREAS, the intent of these protective covenants and restrictions is to insure the use of Lots # 217/4-5 through 217/4-19, inclusive, as shown on said Plan for attractive private residential purposes only, to prevent nuisances, and to protect its unique, private character and maintain the desired tone of the community, including the investment and resale value of the property:

NOW. THEREFORE in consideration of the benefits being granted herein to the prospective owners of Lots # 217/4-5 through 217/4-19. inclusive. and in consideration of the benefits reserved by or anticipated by the said Grantor, this declaration of protective
covenants and restrictions, conditions, charges, easements and servitudes, hereinafter called ‘restrictions,’ is made to apply to Lots # 217/4-5 through 217/4-19, inclusive. as shown on the Plan.

1. SUBJECT PROPERTY:     Lots numbered 217/4-5 through 217/4-19. inclusive, in a cluster subdivision as shown on a Plan entitled “Subdivision of Land, Four Rod Road, Rochester, N.H. for PRPC Development Group. LLC” dated June, 2003, prepared
   by Norway Plains Associates, Inc. and recorded in the Stratford County Registry of Deeds as Plan 73-48, which lots are subject to all of the terms and conditions stated in this Declaration.
2. PURPOSE:     It is the intent of these protective covenants and restrictions is to insure the use of Lots # 217/4-5 through 217/4-19. inclusive. as shown on said Plan for attractive private residential purposes only. to prevent nuisances. and to protect its unique, private character and maintain the desired tone of the community, including the investment and resale value of the property, and to protect the owners of lots and homes thereon in said subdivision from the degradation of their homes, or the value thereof, by unsightly and noxious use of other lots in said subdivision. These covenants and restrictions are to run with the land, to bind all present and future owners of the subject lots, and to insure to the benefit of each parcel constituting the subject development.
3. CONSTRUCTION STANDARDS: 
   1. Building Type:   The only dwelling that may be erected, altered, placed or permitted to remain on any lot shall be a single-family dwelling, either built on site or factory built by modular construction, excepting therefrom any “mobile home” or
      “manufactured housing unit” as defined by the U.S. Department of Housing and Urban Development regulations which shall be specifically prohibited. No commercial or business structure of any kind shall be permitted, whether or not such structure is a part of the dwelling unit and/or garage of any other structure, except that all structures containing home occupations shall be permitted hereby. Detached one-story permanent structures containing no more than one hundred fifty feet (150) shall be permitted for residential storage only.
   2. Construction: The owner of any lot shall not construct. modify or reconstruct in the event of catastrophic loss any dwelling with less than one thousand four hundred (1,400) square feet of living space, exclusive of finished basements which shall not be utilized in any calculation of living space. No less than eight hundred sixty (860) square feet of the minimum living space shall be finished upon the start of occupancy of the dwelling.
   3. Certain Required Aesthetic Standards:          Design requirements in the conditions of approval for this subdivision stipulate that each of the nine (9) following lots fronting on the large open space area, to wit lots 217/4-5 through 217/4-13, must meet the following standards for the purpose of creating a strong neighborhood and architectural character. These elements must be incorporated on the side of the house fronting said open space area:
      1. A distinct porch or entry porch must be built, with a minimum height of four (4) feet in dept and six (6) feet in width, and the face of the porch must be not further than thirty five (35) feet from the back property line:
      2. There must be a distinct “front door” facing the open space:
      3. There must be a “Front path” built on the property that connects the path within the open space area to the “front door” above:
      4. For one or one and one half story houses, there must be roof pitch of at least 6:12. For two and two and a half story houses there must be a roof pitch of at least 3:12: and
      5. Any fences along the footpath may not exceed four (4) feet in height.
      6. Each driveway serving the lots in the subdivision, and the parking areas ancillary thereto, shall be at least twelve (12) feet in width, and shall be paved by bituminous concrete of no larger than 1/2″ stone.
   4. Grantor’s Approval of Plans and Specifications:      The Grantor herein, in its capacity as developer of the subject subdivision. specifically reserves unto itself the right to review and approve the design and floorplan, interior and exterior, and scheme of landscaping, of any home built upon any lot subject to the terms hereof, which review shall have the intent of permitting the Grantor to enforce the building standards set forth and ensure that the project is developed in accordance with the Grantor’s subjective vision of the manner of construction of homes in the development in a manner that is, in the exercise of its sole and absolute discretion. satisfactory to the Grantor.
4. LAND USE:
   1. Occupancy:         No structure designed for occupancy by more than one family with suitable out-buildings shall be erected or maintained upon any lot. No lot shall be used for purposes other than single family residential use. No boarders or permanent guests shall be taken in except for family members of the lot owner(s). An owner may, in his, her or their absence, rent the premises property for residential use subject to all of the restrictions hereunder. In the event of such rental, the lot owner, and the lessees and assigns are subject to the restrictions herein.
   2. Temporary Structures:           No temporary structure including shacks, abandoned or unregistered vehicles of any description, excavations, basements or privies shall be left upon any lot other than those necessary and used in the course of construction of permanent buildings, and all such temporary structures shall be removed promptly upon completion of the permanent residential structure, and in no event shall said temporary structure remain on said premises more than twelve (12) months from the date construction is commenced.
   3. Vehicles:        No unregistered motor vehicles, nor any parts or components thereof, may be parked or stored on the premises except those stored in a garage. No trailers, Motor homes, recreational vehicles, or similar vehicle may be kept or
      stored outdoors on any lot.
   4. Animals:         Any lot owner shall be allowed to keep on his premises a reasonable number of any common domestic animals. In interpreting this clause, domestic animals shall mean dogs, cats, fish, birds, hamsters and related animals and
      rabbits. Any and all other animals shall be considered non-domestic.
   5. Garbage and Refuse:        All trash, garbage, and other waste shall be kept or stored in sanitary containers which are protected by disturbance by dogs, raccoons, or other animals. Such trash or garbage shall not be left at the driveway for pickup by the
      trash city waste disposal crews for more than twelve (12) hours. Composting containers shall be permitted, provided that the same are clearly ancillary to any gardening or landscaping of the subject lots and are kept in a clean, safe and attractive manner.
   6. Use of Property:          No part of said premises shall be used or occupied injuriously to affect the use, occupancy or value of the adjoining or adjacent premises for residence purposes, or the neighborhood wherein said premises are situated.
   7. Prohibition of 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. No motorcycles, mini-bikes, trail bikes or similar vehicles shall be used within the development except for the purpose of ingress and egress to a particular lot. No motorcycle, mini-bike. trail bike or snowmobile vehicle shall be driven in the woods or on trails, nor shall any such vehicle be driven on the roads in the development except for purposes of direct ingress and egress to a particular lot. No such vehicle shall be serviced or repaired on any lot in the development and no engine on any such vehicle shall be operated except for purposes of direct ingress and egress to a particular lot.
   8. Signs:          No sign except as herein otherwise specifically provided shall be displayed to the public view on said lot, except one sign of not more than two (2) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period, and except one sign indicating the name of the owner of a lot and the street number thereof.
   9. Repair and Maintenance:          No building shall be left with an unfinished exterior. The exterior of all buildings shall be kept in a proper state of repair and maintenance.
5. MAINTENANCE:       All lawns or other suitable landscaped areas shall be maintained in an attractive manner. Additionally. the common area “field” or “meadow” shall be maintained in perpetuity by the Association as a “field” or “meadow” in accordance with the terms of the subdivision approval, and tile other common area amenities as set forth in that certain Declaration of Common Area and Common Area Maintenance Agreement of near or even date to be recorded herewith shall be maintained in accordance with the terms thereof.
6. EFFECT ON MORTGAGE:            No mortgage or deed of trust made is good faith and for value upon a lot shall be defeated or rendered invalid by any breach of restrictions as to said lot. In the event of any mortgage foreclosure. said restrictions shall
   be binding upon the mortgagees as well as any new owner of said tract acquired through foreclosure, trustee’s sale or otherwise.
7. BENEFIT:        All of these restrictions are made for the benefit of the Association, as well as for any lot owner in the development. All persons having an interest in said restrictions have the right to stop or prevent the violation of said restrictions by injunction or other lawful procedure.
8. TIME LIMITATIONS:        These covenants, conditions, reservations and restrictions for a period of twenty (20) years from the signing of this Declaration unless rescinded or otherwise revoked by the Grantor, and a majority of the lot owners, after which time said covenants. conditions. reservations and restrictions shall be automatically renewed for successive ten (10) year periods unless the then owners of said lots subject to these restrictions by an instrument signed by the majority of them and recorded in the Strafford County Registry of Deeds agree to modify or terminate said covenants, conditions, reservations and restrictions.
9. ACCEPTANCE:         Each Grantee of any lot numbered Lot # 1 through Lot # 15 as shown on the Plan for themselves, accept the conveyance of the lot subject to the covenants, conditions, reservations and restrictions set forth, above and below and for
   themselves, covenant to and with Grantor that the said Grantees will and that their successors and assigns shall forever faithfully observe and perform said several covenants, conditions, reservations and restrictions, and each of them. And, if the said
   Grantees, or any person claiming under them, shall at any time violate or attempt to violate, or shall omit to perform or observe any one of the foregoing covenants, conditions. reservations or restrictions, it shall be lawful for any person. owning a lot which said lot is subject to the same covenants, conditions, reservations or restrictions in respect to which the default is made, and for Grantor, even though the Grantor may not own any of the lots, to institute appropriate proceedings at law or in equity for the wrong done or attempted and to restrain violation or to recover damages. Failure to specifically refer to and/or incorporate the declaration of Restrictions in deeds to lots in this development shall not in any manner affect the validity and effectiveness of these restrictions upon any lot made subject to said restrictions by this Declaration.
10. SAVINGS CLAUSE:                  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.
11. NO WAIVER:             The failure to enforce any restriction herein however long continued shall not be deemed laches or a waiver of the right to enforce thereafter these restrictions as to similar or other violations, or as to the same continuing breach or violation.
12. BINDING EFFECT:            Acceptance of a deed to any lot affected by these restrictions shall be acceptance and consent to these restrictions by the Grantee or purchaser of said restricted lot.
13. ENFORCEMENT:            The Grantor reserves the right to take whatever legal action necessary for the purpose of abating, removing, or correcting any violation of these restrictions. The cost of any such abatement, removing or correcting any such violation, including attorneys’ reasonable fees and court costs, shall be paid by the lot owner.