Powder Ridge - Declaration of Covenants

BOOK 1835 PAGE 012-036

AMENDED

DECLARATION OF COVENANTS

Conditions, Restrictions and Easements for

Powder Ridge Associations

Affecting the Property Developed by Glover Development Corporation

THIS DECLARATION, made this l7th day of September 1991 by Glover Development Corporation.

WITNESSETH:

Whereas, Glover Development Corporation is desirous of subjecting the real property described in said Article II to the protective restrictions, covenants, reservations, easements, liens and charges hereinafter set forth, each and all of which is and are for the benefit of said property and for each owner thereof, and shall inure to the benefit of and pass with said property, and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof;

Now, therefore, Glover Development Corporation hereby declares that the real property described in and referred to in Article II hereof is, and shall be, held, transferred, sold and conveyed subject to the conditions, restrictions, covenants, reservations, easements, liens and charges hereinafter set forth.

ARTICLE I

Definition of Terms

The following words when used in this Declaration or any Supplemental Declaration (unless the contest shall prohibit) shall have the following meanings:

(a) Assessment of Common Charges: The charges assessed against each member for the share of common expenses allocated to each member.

(b) "Association" shall mean and refer to the Powder Ridge Associations.

(c) Board of Directors: The Board of Directors of the Association, as it may be from time to time constituted pursuant to the By-Laws or a law.

(d) By-Laws: The By-Laws of the Association, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, as the same may be amended from time to time.

(e) Common Expenses:

(1) Expenses of administration, maintenance repair or replacement of the common properties;

(2) Expenses declared common expenses by provisions of this Declaration or the By-Laws;

(3) Expenses agreed upon as common expenses by the Association and lawfully assessed against each member in accordance with the By-Laws;

(4) Any valid charge against the Association, or against the common properties as a whole.

(f) The Properties: shall mean and refer to all such existing properties, and additions thereto, as are subject to the Declaration or any Supplemental Declaration under the provisions of Article VII, hereof.

(g) Subdivision Plat: shall mean and refer to a plat plan or plans and shall show, among other things, lots designated for residential use, condominium developments, common areas, roads, nature belts, and other designated uses within a development.

(h) Common Property: shall mean and refer to those areas of land shown on any recorded subdivision plat of The Properties and intended to be devoted to the common use and enjoyment of the owners of The Properties. Common Property shall be either 'restricted' or 'unrestricted.' The former shall be for the common use and enjoyment of only those members whose property is located within the subdivision plat in which the common property lies.

(i) Lot: shall mean and refer to any plot of land shown upon any recorded subdivision map of The Properties with the exception of common properties as heretofore defined and shall also include those areas designated for use as condominium development.

(j) Living Unit: shall mean and refer to any portion of a building situated upon The Properties designed and intended for use and occupancy as a residence by a single family.

(k) Multifamily Structure: shall mean and refer to any building containing two or more Living Units under one roof except when each such living unit is situated upon its own individual Lot.

(l) Owner: shall mean and refer to the record owner, whether one or more person or entities, of the fee simple title to any Lot or Living Unit situated upon The Properties but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.

(m) Member: shall mean and refer to all those Owners of living units who are Members of the Association as provided in Article VII, Section 5, hereof.

(n) Corporation: Shall mean and refer to Power Ridge Associations, a non-profit corporation.

(o) Rules and Regulations: Rules and Regulations of the Association for the use of common properties and lots as well as living units and condominium developments and members of the community made and promulgated by the Board of Directors, pursuant to the By-Laws as the same may be amended from time to time.

(p) Developer: shall mean and refer to Glover Development Corporation.

ARTICLE II

Description of Real Property

Section 1. Existing Property. The real property which is and shall be held and shall be conveyed, transferred and sold subject to the conditions, restrictions, covenants, reservations, easements, liens and charges with respect to the various portions thereof set forth in the various clauses and subdivisions of the Declaration is located in the Town of Newry, County of Oxford, State of Maine, and is more particularly described as follows:

SEE EXHIBIT B

No property other than that described above shall be deemed subject to this Declaration, unless and until specifically made subject thereto by Developer.

Section 2. Additions to Existing Property: Additional land may become subject to the conditions, restrictions, covenants, reservations, liens and charges of this Declaration in the

following manner:

(a) Additions in accordance with a General Plan of Development. The Developer, its Successors and Assigns, shall have the right to bring within the scheme of the Declaration additional properties in future stages of its development, provided that the inclusion of such additions is consistent with the purposes of these Covenants as expressed in Article III hereof. The additions authorized under this and the succeeding subsections shall be made by filing a record of Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the scheme of the covenants and restrictions of this Declaration

of such property. Such Supplementary Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added properties and as are not inconsistent with the scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify, or add to the covenants established by this Declaration within the Existing Property as described in Section 1.

(b) Other Additions. Upon approval in writing of the Corporation pursuant to a vote of its member as provided in its Articles of Associations, the owner of any property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Supplementary Declaration of Covenants and Restrictions, as described in subsection (a) hereof.

(c) Condominium Additions. This Declaration contemplates Developer developing those areas of The Property as designated for future condominium development. The development of those properties into condominium developments shall not be considered additions to the existing property.

ARTICLE III

General Purposes of Conditions

The real property described in Article II hereof is subjected to the covenants, restrictions, conditions, reservations, liens and charges hereby declared to insure the best use and the most appropriate development and improvement of each building site thereof; to protect the owners of building sites against such improper use of surrounding building sites as will depreciate the value of their property; to preserve, as far as practicable, the natural beauty of said property; to guard against the erection thereon of poorly designed or proportioned structures and structures built of improper or unsuitable materials; to obtain harmonious color schemes that are not in contrast with the natural landscape to insure the highest and best development of said property; to encourage the erection of attractive homes thereon, with appropriate locations thereof on building sites; to prevent haphazard and inharmonious improvement of building sites; to secure and maintain property setbacks from streets, and adequate free spaces between structures, and, in general, to provide adequately for high type and quality of improvement in said property, and thereby to enhance the values of investment made by purchasers of buildings sites therein.

ARTICLE IV

Residential Use Covenants

Section 1. Alteration of Lot Lines:

(a) Sub-Division: None of the lands affected by these protective covenants shall be subdivided into other than those parcels initially conveyed from the Developer to the original purchaser. Provided, however, that house lots may contain one (1) duplex (two - family) unit with each unit being separately owned but, the ownership in the land shall not be divided and shall be owned commonly between the owners of the two living units within the duplex. Provided further that those areas designated as condominium areas may be used for condominiums.

(b) Combinations: An owner of adjoining house lots may combine his parcels and thus eliminate the set-back requirements (Section 3 below) regarding those lot lines which divide his separate premises. The construction of any building within twenty-five (25) feet of an original lot line of a combined parcel will bind the owner for the life of that building to treat, use or resell his multiple parcels as one single building lot.

Section 2. Use of Buildings: No buildings shall be erected, altered, placed, or permute to remain on any house lot designated for residential use except a single building designed and suitable primarily for occupancy as a private single-family residence or a two-family residence with appurtenant buildings and garages to be constructed and finished in accordance with Article V. Said private residence shall not be used for any commercial purpose whatsoever, except for rental purposes as outlined below. A portion of a private, residence may be rented as a private residence. No owner nor member shall attempt to have a residence licensed as a place of public accommodation. Each single family residence (living unit on a house lot) shall contain a minimum of at least one thousand five hundred (1,500) square feet of living (heated) space and the total living space shall contain no more than six (6) bedrooms. Each two family residence shall contain a minimum of at least three thousand (3,000) square feet of living (heated) space and shall contain no more than six (6) bedrooms. Provided, however, that no more than four (4) bedrooms, in total, may be maintained on lots number 43 - 47.

Section 3. Location of Buildings: All buildings shall be located at least fifty (50) feet from the edge of the nearest vehicular right of way and at least twenty-five (25) feet from any lot line. The Architectural Control Committee may reduce the fifty (50) feet setback requirement to not less that twenty-five (25) feet and may reduce the twenty-five (25) feet setback requirement to not less than ten (10) feet and may add other requirements relative to building locations upon the consideration of tree cover, topography and other relevant factors. The locations of all buildings shall be in conformity with all State and local laws, ordinances, and regulations.

Section 4. Construction, Maintenance and Occupancy: All exterior aspects of the buildings an grounds must have a finished appearance within fourteen (14) months from the time ground is broken. If the exterior of the building is unfinished at the end of fourteen (14) months, Association shall have the right to enter the property and, at the Owner's expense, either finish the building or dismantle it, whichever it deems advisable. The exterior of all structures and improvements shall be properly maintained and in good repair at all times after completion.

Section 5. Temporary Structures: No structure of a temporary nature, partial structure, basement, garage, trailer, tent, mobile home, nor other out buildings shall be used at any time as a residence.

Section 6. Nuisances: No noxious nor 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 without limiting the generality of the foregoing:

(a) No house trailer, mobile homes, clothes line poles, inoperable cars, tents or other unsightly objects shall be erected or maintained on any lot.

(b) No commercial activity may be conducted outside a private residence.

(c) No livestock or poultry of any kind shall be bred, kept or raised on any lot, except that dogs, cats and other domestic pets may be kept provided they are not bred, kept or maintained for any commercial purpose.

(d) Trash and garbage or other waste shall be kept in concealed, covered sanitary containers.

(e) The operation of snow mobiles and all terrain vehicles (ATV's) shall not be permitted on any part of the subdivision unless proceeding in the most direct route to or from a living unit to trails outside of the Powder Ridge Property as described in Exhibit B.

(f) The use of satellite type television reception devices shall be permitted only if installed so that same may not be viewed from any of the roadways and must be shielded from view only by natural objects such as trees, shrubbery, etc.

(g) Should any improvements on any part of the Properties be damaged by casualty, or become unsightly through wear and tear, the same will be promptly raised, or restored to a neat exterior appearance in line with the building requirements as set forth herein.

Section 7. Signs: The Association may provide and erect on each. Lot to be used as a private residence conveyed by it, a sign not larger than seventy-two (72) square inches to identify the owner/occupant for which the Corporation shall reserve the right to charge each lot owner its cost of the sign or ten dollars ($10.00), whichever amount is greater. No other signs of any type will be permitted except house or owner identification signs approved by the Architectural Control Committee.

Section 8. Waters: The control of all brooks, streams or ponds is initially reserved to the Developer but may be conveyed to the Association or its successors or assigns. No member of the

Association and no Owner or Owners of any Lots or parcels of land within the development shall interfere with said water rights without the prior written consent of the Developer, the Association, the Department of Environmental Protection and the Town of Newry.

Section 9. Utility Easements: Easements for installation and maintenance of utilities is reserved over each lot or parcel of land within the development. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continuously by the owner of the Lot, except for those improvements for which a public authority or utility company is responsible.

Section 10. Mining Operations: Except for the "Borrow Pit" as described in a deed from C.B. Cummings & Sons Co. to Glover Development Corporation recorded in the Oxford County Registry of Deeds in Book 1804, Page 195, no quarrying or mining operations of any kind shall be permitted.

Section ll. Cutting of Trees: In all situations of cutting and clearing of vegetation within the properties, Glover Development Corporation, its successors and assigns, including condominium unit owners and lot owners, shall be subject to and guided by the following general provisions:

(a) The visual quality of the properties shall be maintained, by providing for the reasonable visual buffering of the site when viewed from areas external to the project, including particularly the Sunday River Ski Area and surrounding existing public roads.

(b) Any owners of any land within the properties shall be allowed only limited thinning and/or pruning of the existing vegetation so as to obtain limited filtered views only of surrounding off-site areas. Cutting/clearing to obtain unobstructed panoramic or unobstructed corridor views of off-site areas shall not be permitted.

(c) "Reasonable", "visual buffering", and "filtered views" are subjective terms. For purposes of this restriction, these terms shall be construed conservatively, meaning that less rather than more clearing is intended. "Filtered views" shall mean views obtained from on-site vantage points of offsite areas, where such views are uniformly obscured to a more or less significant extent by intervening natural vegetation. Conversely, "visual buffering" shall mean the prevention of unobstructed views of project facilities when viewed from off-site by the retention of on-site intervening vegetation.

(d) The Association shall be responsible for monitoring all cutting and clearing activities on any portion of the properties and for imposing penalties for excessive clearing, and in all cases of excessive clearing, to require planting of trees as necessary to provided reasonable visual buffering.

In order to effect the above general provisions, the following specific cutting limitations are established. The existence of these specific limitations do not supplant or diminish the obligations required under the general provisions above. The specific cutting limitations are:

(a) A buffer zone of one hundred (100) feet in width on either side of the perennial stream and its associated wet lands is established and shall be depicted on Exhibit A attached to the deeds for those parcels affected. Within this buffer, there shall no structural development, filling, grading or, excavating nor clearing nor cutting of live trees or brush or other vegetation, except as follows:

(1) A single crossing of the stream by Douglass Road.

(2) Hiking trails may be developed within this buffer.

(3) Wells serving condominia may be installed within this buffer, provided that any temporary access ways for well construction are promptly revegetated, including the replanting of indigenous tress species to the extent consistent with the existence of the water service line.

(4) Other such recreation-related activities and uses as may be approved by the Department of Environmental Protection and the Town of Newry.

(b) Buffer zones of twenty-five (25) feet in width on either side of the three intermittent streams and associated wet lands and around the wet land located in the vicinity of lots 44 - 49 shall be established, as depicted on the Exhibit A attached to the deeds as aforesaid. The use of such buffers shall be subject to the same limitations and exceptions as set forth above in item A and in addition thereto storm water detention ponds number 1 and number 2 shall be constructed within the channels of the intermittent streams.

(c) Clearing on individual lots for the construction of a dwelling, a driveway and parking area, a sewage disposal system and well, and appurtenant facilities shall not exceed fifteen thousand (15,000) square feet in size, in the aggregate. Cleared areas shall mean those areas which are cleared of vegetation and graded or otherwise built upon, and also those areas where greater than 40% of the trees four inches in diameter at 4.5 feet above the ground level are removed, regardless of whether the area is graded or built upon.

(d) Clearing for condominia, tennis courts and appurtenant facilities shall be limited to the construction site, defined as those areas immediately proximate to the individual facility being constructed, including access drives and parking, building, sewage disposal systems and wells. In all cases, all vegetation shall be retained to the maximum extent possible in the vicinity of the construction site. Site disturbance, including the removal of vegetation, beyond the boundaries of the facility shall be kept to the minimum necessary to provide for safe, but not necessarily the most convenient, construction access. In no case shall clearing of vegetation occur beyond fifty (50) feet from the facility being constructed. Such cleared and disturbed areas shall be revegetated in accordance with the erosion control plan as specified by the Department of Environmental Protection order regulating the Powder Ridge project. "Cleared Areas" shall have the same definition as above.

(e) Clearing over the remainder of the project site, including common lands, condominium property and individual lots, exclusive of road rights of way, detention ponds, top soil storage areas, wood waste disposal areas, Borrow Pit area, which shall be cleared to the limits shown on the design plan, shall be as follows:

(1) Except as provided below, clearing of trees shall be limited to the removal of not more than 40% of the trees four inches and larger in diameter at four and one half feet above the ground. Such clearing shall be selective in nature, meaning that a well distributed stand of four inch and larger diameter trees shall remain. However, in areas where the predominant tree diameter is less than four inches, or where the removal of the allocated 40% of four inch trees would result in the creation of substantially unrestricted visibility of the structure and/or developed area and cleared opening, then such trees less than four inches in diameter as are necessary shall be retained in order to maintain reasonable buffering of the site when viewed from an off-site vantage point. Provided, however, and due to the particular visual sensitivity of the area, the property of condominium area number 1 (located on Powder Ridge) and lots number 20 - 31 shall be subject to the following cutting limitations, in addition to those set forth above.

(A) There shall be no cutting of live trees of greater than six inches (DBH) (diameter at 4.5 feet above the ground), and

(B) Filtered views may be obtained by the removal of not more than 20% of individual tree stems between two inches and six inches (DBH), and the pruning of the forest understory, provided that the removal of trees occurs in a selective manner and that evenly distributed stands

of trees remains, and provided that pruning of trees is not so extensive as to affect their health or vigor and that the forest canopy is substantially maintained.

(f) Not withstanding any other provisions of these cutting limitations, the Developer and/or the Association may undertake such prescribed forest management activities, including timber harvesting, as may be approved by the Department of Environmental Protection and the Town of Newry, where the express and single purpose of such activity is wildlife habitat enhancement pursuant to a wildlife mitigation plan.

(g) Not withstanding any other provisions of this Declaration, a buffer strip of trees twenty-five (25) feet in width shall be retained along the road frontage of lots 19, 20, 21 and 22. The purpose of this buffer is to provide visual buffering of Steamboat Road when viewed from off-site areas. This buffer shall be located entirely on lots 19 - 22, regardless of whether additional trees are retained with the adjacent road right of way. The buffer shall be continuous along these lots, except that each lot may have a single driveway entrance of not more than twenty (20) feet in width for access to the lot through the buffer.

The cutting and clearing of trees shall conform to the above requirements, provided furthermore that lot owners as well as the association of lot owners and associations of condominium owners and all owners of any land within the properties must obtain the approval of the association before cutting any coniferous tree or any deciduous tree over 4 inches in diameter, measured 4 1/2 feet above the ground except in the areas needed for a house, well, sewage disposal system, patio, garage, or driveway, unless the tree is dead.

Section 12. Sewage Disposal Systems: All systems on subdivision lots must be installed in the locations specified on the plans for the development as recorded in the Oxford County Registry of Deeds as Plan Numbers 2664 - 2670 unless alternative locations are approved by the Town of Newry and the Department of Environmental-Protection. All systems must consist of a "peat

disposal system" as described by the Maine State Plumbing Code, Subsurface-Waste Water: Disposal Rules, Section 12.D, as amended from time to time except lots 43 - 47 shall be served by a common sewage disposal system located on lot 47, which system shall be other than a "peat disposal system", as contemplated by the Code. Additionally, lots 38, 40, 41, 42, 49 and 50 may employ a system other than a "peat disposal system" as contemplated by the Code.

Condominium sewage disposal systems shall be located as specified on the approved design plans and shall consist of peat disposal systems as contemplated by the Code, provided, however, that condominium units 72` - 75 and 76 - 79 shall be served by a sewage-disposal system other than a "peat disposal system" as contemplated by the Code.

Section 13. Wells: All wells for domestic water must be installed outside the “well exclusion area" as depicted on the deed to any lot in the properties unless alternative locations have been approved by: the Department of Environmental Protection and the Town of Newry.

Section14. Bedrooms: Each lot, except for lots 43 - 47, designed for single or duplex residential living units shall not be burdened by any more than six (6) bedrooms to be configured as either:

(a) a single family dwelling unit with up to six (6) bedrooms, or;

(b) a duplex dwelling wherein the total number of bedrooms in both units shall not exceed six (6) bedrooms. Provided, however, that lots 43 through 47 shall have a maximum of no more than four (4) bedrooms per lot.

Section 15. External Colors: All exterior colors of all buildings shall be chosen to blend with the natural surroundings, and shall consist of so-called "earth tones", including but not limited to, browns, greens and grays and must be approved by the Architectural Control Committee.

Section 16. Condominiums: Certain portions of the subject premises as described in Article II herein, shall be set aside for the construction of condominium units. These Residential Use

Covenants as set forth in Article IV shall apply to said condominium development and in addition thereto the following shall apply:

(a) The seventy (70) condominium units located within the open loop created by Douglas Road shall have a maximum of one hundred forty (140) bedrooms and the twenty-nine (29) units located on "Powder Ridge" shall have a maximum of eighty-seven (87) bedrooms.

(b) Each condominium association shall be required to be a member of Powder Ridge Associations and shall be governed by Powder Ridge Associations.

(c) Each condominium association shall be fully responsible for all "common condominium areas" such as, but not limited to, drainage easements, road maintenance, ground maintenance, road side ditches, related water control facilities, storm water control ponds, run off diversion ditches, parking areas, tennis courts, hiking trails, stream buffers, drainage easements; and all other amenities. Such maintenance within the condominium development shall be in strict accord with all State and local requirements.

Section 17: Commercial Use; Specific Reservation to Developer: Subject to all other residential use covenants set forth herein, but for those limitations regarding commercial development,

Developer reserves to itself the exclusive but assignable right to develop on any land the right to construct a country inn; consisting of a restaurant, lounge and no more than fifteen (15) bedroom units.

Section 18. Wildlife Management_- Common Areas: The Association shall manage the common lands as follows:

(a) Said property shall be maintained primarily for wildlife species intolerant of human activity.

(b) Pole sized timber stands will be left uncut to allow growth to maturity.

(c) A one time release cutting will be done in areas with groups of beech trees so as to remove those trees competing with the beech. Said cutting will be planned and supervised by a wildlife biologist within five years from June 1, 1991.

(d) The Association shall retain the services of a professional forester for the management of common lands to determine when cutting will be required in order to maintain a mature but not over-mature forest within five years from June 1, 1991 with subsequent inspections as recommended by said forester or his successor. When said forester determines that cutting should occur, the Association shall retain the services of a wildlife professional, who, in conjunction with the forester, shall prescribe a cutting plan designed to maintain a viable, not-over-mature forest of value for wildlife habitat. Said plan shall be implemented by the Association in a timely fashion.

Section 19. Wildlife Management - Individual House Lots: The use and enjoyment of individual house lots shall be designed to encourage wildlife habitat and the developer recommends the owners of said lots be familiar with and attempt to comply with the pamphlet entitled "Wildlife Management Recommendations for Owners of Subdivision Lots" distributed to each house lot owner at the time of acquisition.

Section 20. Further Restrictions: Association reserves the right to place additional and further restrictions on all or any portion of the property for the general betterment of all of the subject property to deal with such specific items as drainage, storm water control, surface run off, maintenance of roads, hiking trails, tennis courts, parking facilities, erosion control, and other similar uses for the general betterment of the entire development and property.

ARTICLE V

Architectural Control Committee

In order to carry into effect the protective purposes of this declaration of covenants, as summarized in Article III hereof, it is further provided that no building, fence, wall or other structure shall be commenced, erected, excavated or maintained upon The Properties, nor shall any exterior addition to or change or alteration therein be made until the scale plans (1/8" = 1 foot or larger) and specifications showing the nature, kind, shape, color, height; materials, and locations of the structure and the detail of proposed landscaping shall have been submitted to and approved in writing as to harmony of external design, color, landscaping and location in relation to surrounding structures and topography by the Association by an Architectural Control Committee composed of three (3) or more representatives appointed by the Association. Owners of land within The Properties who intend to build as aforesaid shall also submit to the Association or its representative, the construction drawings so that the Association may determine that they coincide with the filed plan and specifications. The Association, or its representative, shall publish rules and regulations governing the nature, form and content of submitted building and landscape plans. In the event the Association, or its designated representative, fail to approve or disapprove properly filed plans and specifications with thirty (30) days after said plans and specifications have been submitted to it, this Article will be deemed to have been fully complied with.

ARTICLE VI

Common Properties

Section 1. Creations: The Developer with the approval of the Maine Department of Environmental Protection and the Town of Newry may establish for the common use and enjoyment of The Properties, Common properties, whether restricted or unrestricted. Common Properties may include:

(a) parks, playgrounds and other recreational facilities or areas;

(b) Protected scenic areas and other open spaces;

(d) Buildings or, areas to be used for community or social activities; and

(e) Other structures or areas for the common betterment of the Development and its members.

Section 2. Ownership of Common Properties: Common Properties Shall be owned by the Association. The rights of Members in specific Common Properties shall be those which are the natural incidents of ownership according to law except as otherwise provided in these Covenants or by the regulations of Powder Ridge Associations. The Association agrees to accept any interest in common properties tendered by the Developer.

Section 3. Nature Belts: The Developer may establish Nature Belts within a subdivision plat. A Nature Belt is intended to provide an attractive, unspoiled route and to insure maximum privacy. It may be used for utility easements. Motor vehicles may cross the Nature Belt only at those locations approved by the Architectural Control Committee. To enhance beautification and maximize privacy, the Association reserves the right to grant or withhold from any lot owner easements for passage or parking in the Nature Belt. The Architectural Control Committee will pass on the location, clearing, grading and surfacing of private driveways and shall have the right to regulate and determine the number of cars for which parking space is created in the Nature Belt in front of any one lot, which in no case shall exceed space for three cars.

Section 4. Access to Abutting Properties: No part of The Properties may be used for access to or from any abutting property not a part of this Development without the express written consent of the Association.

ARTICLE VII

Powder Ridge Associations

Section 1. Creation: Because Developer has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the Common Properties, including appurtenant rights and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges by these covenants created, the developer reserves the right to form a non-profit membership association under the laws of the State of Maine known as the Powder Ridge Associations.

Section 2. Purposes and Functions: The Association shall provide for the preservation of the values and amenities in said community and for the maintenance of parks, roads, playgrounds, open spaces and other common areas, buildings and facilities.

Section 3. Powers, Generally: The Association shall have the power and authority to own, lease, acquire, improve, manage, control, mortgage, sell, assign and maintain, subject to the rights of owners within the development, the properties affected by these covenants.

The Association shall have the power and authority to enforce every aspect of this Declaration of Covenants and for the enforcement of any and all requirements imposed upon the entire development by the Town of Newry and/or the State of Maine including but not limited to the maintenance of all roads, road side ditches, drainage easements, stream buffers, green spaces, commons areas, hiking trails, tennis courts, parking facilities, and to that end the Association shall be charged with, at least, the following:

(a) Compliance with all State and local regulations.

(b) Enforcement of all State and local regulations.

(c) Compliance with the approved erosion and sedimentation control plan. With regard to roads and the maintenance of roads, including road rights of way and drainage facilities within such rights of way, activities shall included at least:

1. Inspection of and maintaining the travel surface in a clear-and passable condition to it's fully designed width;

2. Inspection of and maintaining the clearing of brush and other obstructions to maintain adequate site distance on the roads and at intersections;

3: Inspection of and keeping road side drainage ditches free of obstructions, the inspection and repair as necessary of any ditches exhibiting accelerated erosion, and the mowing of such ditches at least twice per year to prevent clogging and blockage;

4. Inspection of and clearing debris and other obstructions from road culverts so as to provide a free flow of drainage and run off water, and the inspection and repair as necessary of head walls, plunge pools, and all appurtenances to such culverts.

5. The owner of any and all real estate within the Development including any portion of The Property shall fully cooperate and not hinder in any way and execute all necessary documents to assist in and accomplish the acceptance by the town of Newry as a public way or ways, all roads, drives, lands and roadways within the entire development as well as all necessary easements for slopes, drainage and maintenance appurtenant thereto.

(d) Storm water detention ponds and drainage easements: Maintenance of the detention ponds and drainage easements shall include but not be limited to:

1. Annual inspection and maintenance or repair, as necessary, of the ponds, pond embankments, outlet structures and spillways, the mowing of the interior and exterior of the ponds twice per year;

2. Annual inspection and maintenance or repair, as necessary, of the identified man-made and natural drainage ways, including the removal of obstructions, mowing of grassed ditches twice annually, and repair of riprap sections, as necessary, to provide a suitable ditch and free flow of surface water.

Section 4. Mergers: Upon a merger or consolidation of the Association with another non-profit association with similar purposes, it properties, rights and obligations may, by operations of law, deed or otherwise, be added to the properties, rights and obligations of this Association as the surviving corporation pursuant to a merger. The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Existing Property together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration within the Existing Property except as hereinafter provided.

Section 5. Membership: The following shall be members in the Powder Ridge Associations:

(A) House Lots - the owners) of each house lot shall be entitled to one single membership.

(B) Duplex - if a single house lot contains a duplex (2 adjoining living units) and if those two living units are separately owned, then the owner(s) of each living unit shall each be entitled to one single membership.

(D) Developer - the developer shall be a member without being an owner as hereinafter defined.

(E) Owner(s) - shall mean an individual, a group of individuals, a partnership, a corporation, a trust or any other legal entity recognized under the laws of the State of Maine as capable of owning an interest in real estate and which in fact is the record owner of a fee or an undivided fee interest in any lot or- condominium unit in the development. Provided, however, that any such entity which holds such interest merely as security for the performance of an obligation shall not be a member.

Section 6. Voting Rights: Rights: The Association shall have two classes of voting memberships:

Class A. Class A members shall be each of those members as defined in Section 5(A), (B) and (C). Class A members shall be entitled to one vote for each of its members in good standing.

Class B. The Class B member shall be the Developer and it shall be entitled to three (3) votes for each Class A vote until the number of Class A votes become seventy-five (75) at which time Developer shall be entitled to two (2) votes for each Class A vote. When the number of Class A votes reaches one hundred and fifty (150), Developer shall then be entitled to one (1) vote for each Class A vote. When the number of Class A votes reaches one hundred and seventy-five (175), or on January 1, 2002, whichever occurs first, then there shall no longer be a Class B member.

Provided, however, that if additional land is added to the Development as set forth in Article II, Section 2, then the developer hereby reserves the right to amend this Declaration to proportionately increase its voting rights in relationship to the number of Class A members added to the Association by any addition to the Development.

Section 7. Creation of the Lien and Personal Obligation of Assessment: Each owner of any lot or living unit by acceptance of a deed therefore, whether or not it shall be expressed in any such

deed or other conveyance, shall be deemed to covenant and agree to pay to the Association:

(1) Annual assessments or common charges;

(2) special assessments;

(3) assessments levied pursuant to any provision of this Declaration or by By-Laws of the Association;

(4) all interests on assessments and costs of collection, including reasonable attorney's fee; and

(5) all other legal assessments and common charges. The common charges and assessments shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment shall also be the personal obligation of the entity which was the owner of such property at the time when the assessment fell due. Each owner shall be personally liable for its portion of each assessment coming due while it is the owner of a lot or living unit, and its grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance.

Section 8. Purpose of Assessment: The assessment levied by the Association shall be used or a purposes of promoting the recreation, health, safety, and welfare of the Owners, occupants, and residents in the properties and in particular for the improvement and maintenance of properties, services, facilities devoted to this purpose and relating to the use and enjoyment of the Common Properties and the Lots, living units and residences situated upon the properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof.

Section 9. Basis of Annual and Special Assessments: All annual and special assessments shall be levied on the basis of and shall be apportioned among the various owners in accordance with the following formula:

The annual and/or Special Assessments for each owner originally subject to this Declaration shall be:

That portion of the total annual budget, the authorized special assessment, or both, that bears the same proportion to the total annual approved budget, the authorized assessment, or both, that the number bears to the total number of owners in the Association and in the additions made thereto in accordance with this Declaration. Provided; however, that Developer shall be assessed a flat fee of Two Hundred Dollars ($200.00) for each lot that Developer sells for the first forty (40) lots sold. Additionally, Developer pledges to commit to the Association, within six (6) months of the recording of the Declaration, the sum of Ten Thousand Dollars ($10,000.00) to fund any and all expenses incurred by the Association.

Section 10. Commencement and Due Dates for Annual Assessments: Annual assessments shall commence as to all owners then existing and subject to assessment under this Declaration on the first day of the month following the conveyance of the first lot or living unit by the Developer to an entity other than the Developer and shall be due and payable in a manner and schedule as the Board of Directors may provide. The first Annual Assessment shall be adjusted according to the number of months then remaining in the current fiscal year.

Section 11: Special Assessments: In addition to the Annual Assessment authorized above, the Association, acting through its Board of Directors, may levy in any assessment year a special assessment; applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, repair or replacement of the properties and improvements, including the necessary fixtures and personal property related thereto, the establishment of reasonable reserves and payment of debts of the Association, provided that any such assessment, shall have the assent of two-thirds of the votes of the members entitled to vote, who are voting in person or by proxy at the meeting duly called for this purpose written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting. The date or dates on which special assessments become due and payable shall be fixed in the resolution of the Board of Directors authorizing such assessment and shall be apportioned among the owners pursuant to the provisions of this Declaration.

Section 12. Change in Basis of Annual and Special Assessments: The Association may change the basis apportionment of the assessments among the owners as set forth above, prospectively, provided that any such change shall have the assent of ninety (90) percent of the voters of the members entitled to vote who are voting by person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance and shall set forth the purpose of the meeting.

Section 13. Quorum for any Action Authorized Under Article VII: The Quorum required for any action authorized by this Article shall be as follows:

At the first meeting called, as provided above, the presence at the meeting of members, or of proxies, entitled to cast thirty (30%) percent of all the votes of the members entitled to vote shall constitute a quorum.

Section 14. Duties of the Board of Directors; Computations of Assessments: At least seventy-five (75) days before the beginning of each fiscal year, the Board of Directors shall adopt an annual budget covering the estimated common expenses of administration, maintaining, repairing and replacing the common properties and of operating the Association for the subsequent fiscal year which shall include a capital contribution or reserve in accordance with a capital budget separately prepared. At least forty-five (45) days before the beginning of each fiscal year, the Board of Directors shall send to each owner a copy of the budget in reasonable itemized form which sets forth the amount of the assessments and any special assessments payable by each owner. Such budget shall constitute the basis for determining each owner's assessments and special assessments and shall automatically take effect at the beginning of the fiscal year for which it is adopted.

The Association shall, upon demand, at any time furnish to any owner liable for any assessment or the mortgagee of any owner, a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certification shall be conclusive evidence of payment of any assessment therein stated to have been paid.

Section 15. Affect of Nonpayment of Assessment: The Personal Obligation of the Owner; The Lien; Remedies of the Associations: If any assessment is not paid on or before a date on which it is due and payable, then such assessment shall become delinquent and, together with such interest thereon and costs of collection thereof as hereinafter provided, including reasonable attorney's fees, shall thereupon become a continuing lien on the property of any owner in the Association which shall bind such property in the hands of the owner, his successors, heirs, devisees, personal representatives and assigns. Upon title to such property vesting in the heirs, successors, devisees, personal representatives, and the assigns of the owner, they shall become personally liable for the payment of such assessment against such property assessed prior to the acquisition by them of such property, except:

(a) Mortgagee or purchaser at a foreclosure sale shall be liable for any such property shall not be subject to a lien for payment of an assessment assessed prior to the foreclosure; and

(b) Said heirs, successors, devisees, personal representatives and assigns who acquire such property shall, upon written request, be entitled to a statement from the Association setting forth the amount of any unpaid assessments against the owner and they shall not be liable for any unpaid assessments against the owner in excess of the amount therein set forth. The owner of the property at the time any assessment becomes delinquent shall also be and remain personally liable for its payment.

If any assessment is not paid within thirty (30) days after the date when payable, such assessment shall bear interest from the date of delinquency at the rate of eighteen (18) percent per annum until collected, and the Association may bring an action at law against the owner who is delinquent, which owner is personally obligated to pay the same or his heirs, successors, devisees, personal representatives, and assigns, or to foreclose the lien against the property, and there shall be added to the amount of such assessment, all costs incurred in connection therewith and a reasonable attorneys' fee. The Association is hereby authorized and empowered to record in the Oxford County Registry of Deeds a notice of such lien. Said lien may be enforced and foreclosed by the Association in a like manner as a mortgage on real estate or by any other means presently or hereafter provided by law or inequity. The enforcement of such lien shall not bar the Association from bringing an action at law against the owner personally as provided in the previous sentence.

Section 16. Initial Payment: Upon taking office, the first Board of Directors elected or designated pursuant to the By-Laws shall determine the budget for the period commencing thirty (30) days after election and ending on the first day of the fiscal year in which such election occurs. The Developer, as agent for the Board of Directors, will collect from each initial purchaser at the time of closing an "initial payment" (and not as a credit against the purchaser's liability for assessment) equivalent to twice the estimated monthly assessment for such purchaser's acquisition of a lot or dwelling unit. The Developer will deliver the funds so collected to the Board of Directors of the Association to provide capital for common expenses. To the extent that the Developer has previously paid the "initial payment" with respect to such lot, the purchaser must reimburse the Developer for such "initial payment" to the Association, which the Association must credit to the account of the purchaser of the lot from the Developer.

Section 17. Subordination of Lien to Mortgage: The lien of the assessment provided for herin shall be subordinate to the lien of any mortgage or mortgagees now or hereafter placed upon the properties subject to assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessment thereafter becoming due, nor from the lien of any such subsequent assessment.

Section 18. No Waiver of Liability for Assessment: No owner may exempt itself or himself from is liability from assessments by waiver of the use or enjoyment of any of the common properties, by abandonment of its or his property, by suspension of it or his use of the common properties pursuant to the By-Laws, or Rules or Regulations, or for any other reason.

Section 19. Specific Assessments:

(a) Expenses of the Association which benefit a single lot or dwelling unit or less than all of the lots or dwelling units may be specifically assessed to the single lot or dwelling unit benefited or specifically assessed equitably among all of the lots or dwelling units which are benefited according to the benefit received.

(b) Expenses of the Association which benefit all lots or dwelling units, but which do not provide an equal benefit to all lots or dwelling units, may be assessed equitably among all lots or dwelling units according to the benefit received.

(c) The Board shall have the power to specifically assess pursuant to this section as, in its discretion, it shall deem appropriate. Failure of the Board of Directors to exercise it's authority under this Section shall not be grounds for any action against the Association nor the Board of Directors and shall not constitute a waiver of the Board's right to exercise its authority under this Section in the future with respect to any expense, including an expense for which the Board of Directors has not previously exercised it's authority under this Section.

Section 20. Summary Charges: The Association, acting by its Board of Directors, shall have the right to levy, without further legal, action, summary charges for violations of provisions set forth in the Declaration, By-Laws, and Regulations adopted by it, provided that the charges for a single violation may not exceed twenty-five dollars ($25.00). For each day that a violation continues after notice, it shall be considered a separate violation. Any charge so levied is to be collected as a common charge against the particular owner involved, and collection may be enforced by the Board of Directors in the same manner as it is entitled to enforce collection of assessments or common charges. Such levy of charges shall not replace nor abrogate any action for damages or injunctive relief as provided by law or the power to suspend membership privileges as provided for.

ARTICLE VIII

General Provisions

Section 1. Duration: The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by The Association, or the Owner of any land subject to this Declaration, their respective legal representative, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then-Owners of two-thirds of the Lots or Living Units has been recorded, agreeing to change said covenants and restrictions in whole or in part. For purposes of meeting the two-thirds requirement, when Living Units are counted, the Lot or Lots upon which such Living Units are situated shall not be counted. Provided, however, that no such agreement to change shall be effective unless made and recorded three (3) years in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every Owner within the development at least ninety (90) days in advance of any action taken.

Section 2. Notices: Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.

Section 3. Enforcement: Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants and failure by the Association of any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 4. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.

Section 5. Amendments: The Association, by vote of two-thirds (2/3j of each class of voting membership at any meeting in which there is a quorum as defined by Article VII, Section 6, may impose further restrictions on existing or additional properties subject to the Declaration. This Declaration of Covenants shall not be altered, amended nor modified in any way without the written approval of the Department of Environmental Protection for the State of Maine and the Planning Board for the Town of Newry.

ARTICLE IX

Captions

The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent of any provision thereof.

ARTICLE X

Gender

The use of the masculine gender in the Declaration shall be deemed to refer to the feminine and neutral gender and the use of the singular shall be deemed to refer to the plural, and vice versa, whenever the context so requires.

ARTICLE XI

Waiver

No provision contained in this Declaration shall be deemed to have been abrogated nor waived by reason of any failure to enforce the same irrespective of the number of violations or breaches which may occur.

IN WITNESS WHEREOF, Glover Development Corporation has hereunto caused its corporate name to be subscribed and its corporate seal affixed by its duly authorized officer this 17th day of Sept, 1991.

Signed, Sealed and Delivered in the Presence of:

M. J. O’Donnell

Glover Development Corporation

BY George A. Forbes

Its Vice President

STATE OF MAINE

OXFORD, SS. Date: Sept. 17, 1991

Then personally appeared the above-named George A. Forbes, as Vice President of Glover Development Corporation and acknowledged the foregoing Declaration to be his free act and deed in his said capacity and the free act and deed of said Corporation.

Before me, M.J. O’Donnell, Notary public