DECLARATION OF RESTRICTIONS
for HILLSIDE ESTATES
by BAASCH LAND DEVELOPMENT CORP.

KNOW ALL MEN BY THESE PRESENTS that BAASCH LAND DEVELOPMENT CORP., hereinafter referred to as, "Baasch" a general Massachusetts corporation with its principal place of business in Town of Rehoboth, County of Bristol, State of Massachusetts is the owner of a certain tract or parcel of land situated in the Town of Rehoboth, in the County of Bristol, said State, and designated as Lots No. 1 through 23 on that certain plat entitled, "Hillside Estates" on file with the Bristol County Northern District Registry of Deeds.

WHEREAS, Baasch desires and intends to impose certain restrictions upon all of the various lots on said plat for the benefit of the present and future owners of said lots:

NOW, THEREFORE, said Baasch, for itself and its successors and assigns, hereby declares and makes the following limitations and restrictions to which the aforesaid lots of land designated on the aforementioned plat shall be subject, and the uses to which the same may be put, and hereby specifying that these declared limitations, restrictions and uses shall be construed as covenants running with the land designated on said plat and now owned by it, and shall be binding on it and all persons claiming under it, and be for the benefit of and a limitation on all future owners of said lots of land as shown on said plat until the first day of January, A .D. 2037, and all sales and leases of lots in said subdivision shall be expressly made subject to said limitations and restrictions. During said period, said limitations and restrictions may be modified or terminated as to the whole tract of land or as to any portion thereof by a vote of one hundred percent (100%) of the owners of said lots of land when said vote is taken: each lot entitling, the owner to one (1) vote.

Said covenants and restrictions shall at, the expiration of said period ending the first day of January, A .D. 2037 be automatically extended for successive periods of ten (10) years each unless by vote of one hundred percent (100%) of the owners of the lots when the vote is taken, it is agreed to change or terminate said covenants and restrictions in whole or in part.

In case of any violation or attempt to violate any of the covenants or restrictions herein set forth, it shall be lawful for any person or persons owning or otherwise having an interest in any real property situated in said development or subdivision to institute and prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant or restriction, and either to prevent him or them from so doing, or to recover monetary damages for such violation, as well as the costs and attorneys fees associated with said action.

ARTICLE I. DEFINITIONS

a) "Association" shall mean and refer to the Hillside Estates Subdivision Homeowners Association, a Massachusetts Corporation, its successors and assigns, which shall be created by Declarant upon the sale of eighty percent (80%) of the lots in Hillside Estates Subdivision, including any lots hereafter subjected to these Restrictions.

b) "Declarant" shall mean Baasch, its successors and assigns.

c) "A lot" shall mean any plot of land shown on the recorded subdivision map referred to above.

d) "A member" shall mean every personal entity who holds membership in the Association.

e) "Owner" shall, mean the record owner whether one or more persons or entities of a fee simple title to any lot which is part of the property and shall include contract sellers, but shall not include those holding title merely as security for performance of an obligation.

f) "Subdivision" shall mean the subdivided real property hereinbefore described.

ARTICLE II. MEMBERSHIP IN ASSOCIATION -- Voting Rights

a) Every owner of a lot, upon creation of the Association, as heretofore described, shall become and remain a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of a lot.

b) Members shall be all owners including the Declarant, and shall be entitled to one (1) vote for each lot owned. When more then one person holds an interest in a given lot, all such persons shall be members, and the vote for, such lot shall be exercised as they may determine among themselves. In no event shall more than one (1) vote be cast with respect to any lot.

c) Notice and quorum for action by the Association. Written notice of any meeting called for the purpose of taking any action shall be sent to all members of the Association not less than ten (10), nor more than twenty (20) days in advance of such meeting. The owners or representatives of the owners of a majority of the lots shall constitute a quorum for any meeting of the Association. Actions taken at any meeting shall be determined by a majority of votes. This Subsection (c) shall not be construed to enable a majority of lot owners voting at a meeting to amend this Declaration of Restrictions.

ARTICLE III. USE RESTRICTIONS

The limitations and restrictions as to the use of said land are as follows:

1. Architectural Control. For the purpose of insuring the development of the land so subdivided as an area of high standards, Baasch reserves the power to control the location and design of the buildings and structures as well as other improvements placed on each lot and to make exceptions to these covenants and restrictions as Baasch or the Architectural Control Committee as hereinafter described, shall deem necessary and proper.

Whether or not provision therefore is specifically stated in any conveyance of a lot made by Baasch, the owner of occupant of each and every lot by acceptance of title thereto, or by taking possession thereof, covenants and agrees that no erection of any building shall be initiated and no building or portion thereof shall be erected, placed, altered or reconstructed on any lot until the construction plans and specifications have been approved in writing by Baasch or the Committee as to quality of workmanship, design of exterior, materials, location with respect to topography and property lines, finish grade elevations, water supply, sewage disposal and landscaping. Said plans and specifications shall conform to the design standards set forth in these covenants, but refusal to approve any plans or specifications or a part thereof by Baasch or the committee may be based upon any ground, including purely aesthetic grounds which, in the sole and uncontrolled discretion of Baasch or the Committee, shall seem sufficient. While prospective lot owners are encouraged to obtain approval of their building plans prior to the purchasing of a lot, nothing contained herein shall prohibit the acquisition of a lot without said approval. The construction, erection or placement of any building, structure, or portion thereof upon any lot shall be done in strict accordance with the plans and specifications so approved. No subsequent changes or alterations to the building, structures or site improvements may be made without like approval.

Work must be commented on the proposed structure within six (6) months of the date of such approval. If said work is not commenced within said six (6) months, said approval shall be void and a new application must be made. All construction, including driveways and walkways, on each lot must be completed within twelve (12) months after the date issuance of a 'building permit by the Building Official of the Town of Rehoboth. All landscaping shall be completed within eighteen (18) months after, issuance of said permit. Baasch and its successors and/or assigns may extend said deadlines from time to time in the name of equity and as Baasch deems necessary.

In the event Baasch or the Committee fail to approve or disapprove within thirty (30) days after such plans and specifications have been submitted to it by registered mail, or in any event, it no suit to enjoin the construction has been commenced prior to the completion thereof, approval shall not be required and the covenants and restrictions shall be deemed to have been fully complied with insofar as this section is concerned.

2. Architectural Control Committee. Baasch shall initially serve as the Architectural Control Committee. If an when Baasch, its successors and assigns cease to own more than ten per cent (10%) of the said lots subject to these covenants and restrictions such approval as hereinbefore set out must be obtained from an Architectural Control Committee composed of twenty (20) owners of lots of land, said Committee to be initially appointed by Baasch prior to said Baasch alienating ninety per cent (90%) of the lots in said plat. Baasch shall also have the right to appoint such a committee to control architecture at any time prior to its conveyance of ninety per cent (90%) of the lots located in said plat. Upon the appointment of the committee by Baasch or in the event Baasch no longer owns more than ten per cent (10% of the lots in the subject plat, and has failed to appoint a successor committee, then said committee shall be elected annually in May for a one (1) year term by a majority of the lot owners then owning lots in said plat. In the event this last clause becomes operative, a majority of said committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor for the unexpired term. At any tine the then record owners of a majority of the lots shall have the power to change the membership of the committee and to withdraw from the committee or restore to it any of its powers and duties.

3. Land Use and Building Type. No lot shall be used except for single family residential purposes.

4. Location of Buildings, Etc. The location of a structure on a lot shall be situated to minimize its affect on the view of neighbors, and shall be within the perimeter outlined on the Perimeter Map for said lot unless the lot is not so restricted, Location of septic systems and vegetation are also detailed on the Perimeter Map for each lot.

5. Grade. No modification of the existing grade in excess of three-foot (3') increase or decease is allowed without the consent of the Architectural Control Committee.

6. Design Standards. The exterior appearance of all buildings and structures shall be subject to the approval by Baasch or by the Architectural Control Committee, as the case may be.

A. Dwelling Size - The living area of any house to be constructed on any lot any lot and containing more than one (1) level shall be no less, than three thousand five hundred (3,500) square feet exclusive of porches, decks, garages, basements and attics. Single?story dwellings shall be no less than three (3,000) thousand square feet exclusive of porches, decks, garages, basements and attics. Living area shall mean the finished, heated, habitable floor area of the main structure and shall not include a finished basement area. No building shall exceed the height limitation for a residential building as contained in the Rehoboth Zoning Ordinance at the time of recording of these Restrictions.

B. Utilities – All utilities providing water, electricity, cable, telephone, shall be installed below grade in accordance with all applicable codes.

C. Garages - Each residential dwelling unit shall have a private, attached garage constructed of not less than two (2) and not more than six (6) cars. The garage shall not be under or built into the residence.

D. Roofs - The roof pitch on any one-story structure shall have a minimum rise of seven inches (7") to each foot of rafter run. The roof pitch on any two story structure shall have a minimum rise of four and one?half inches (4 ½") to each foot of rafter run.

E. Chimneys - Chimneys constructed within or outside the frame of the dwelling shall have a minimum waist measurement of twelve feet (12') at the ridge. All chimneys shall rise a minimum of forty-two inches (42") and a maximum of forty-eight inches (48") above the roof ridge. All chimneys shall be finished in brick or stone. No shingled or clapboard finishes shall be allowed.

F. Exterior Siding - Exterior siding shall be wood, brick and/or stone. The use of vinyl and metal siding is strictly prohibited.

G. Colors - Exterior colors of structures shall be approved by the Architectural Control Committee. No color changes are allowed without the approval of said Committee.

H. Mailboxes – No single mailbox shall be erected at any home. All mailboxes shall be grouped in central locations.

7. Nuisances. No noxious or offensive activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance in the neighborhood. No profession, trade, business or commercial enterprise of whatsoever nature may be conducted or operated on the granted premises. The use ox dirt bikes, All Terrain Vehicles (ATVs) and the like are expressly prohibited.

8. Temporary and Service Structures. No structure of temporary character, mobile house, shack, or such other building or structure shall be used, placed, erected or constructed on any lot at any time, either temporarily or permanently: No underground oil tanks or other substance storage is allowed. No service structure shall be constructed erected or placed on any lot without the written approval of the Architectural Control Committee. No above ground gas or propane tanks shall be allowed.

9. Outbuildings and Accessories. No outbuildings of any description or modifications or additions to structures shall be erected or placed upon any lot without the approval of the Architectural Control Committee.

10. Parking. No truck, commercial vehicle or unregistered vehicle of any type shall be parked continuously on any of the streets or ways on said plat or can any of the lots, except in a garage. The parking of such for more than six (6) hours in a twenty-four (24) hour period shall be considered continuous parking.

11. Boats, Campers & Recreation Vehicles. No trailer, mobile home, boat over twenty-two feet (22'), camper or other recreational vehicle (RV) shall be kept or stored on the premises unless the same is small enough to be kept in a garage or basement and is so kept and shall not be used at any time as a residence, either temporarily or permanently. Boats on trailers under twenty-two feet (22’) are allowed to be stored on a lot provided they are shielded from public view. No unregistered or unserviceable vehicle may remain outside the confines of a garage for a period of more than three (3) days. Outside storage of materials and supplies may not exceed three (3) days.

12. Garbage & Refuse. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers and in an enclosed location inaccessible to animals, and not visible from the street or abutting properties.

13. Landscaping. The owner of any lot of land upon which a dwelling is constructed shall cause said lot to be seeded and suitably planted with grass, shrubs or trees. Each lot owner shall thereafter maintain the lawn and grounds in a neat and orderly fashion including mowing grass and trimming hedges and shrubs. No planting within twenty five (25') of a residential structure or within the perimeter shown on the perimeter map far said lot (whichever is less) shall exceed the peak height of the structure. The plantings shall be within a vertical plane drawn from the approximate perimeter described. Plantings outside the perimeter shall be limited to six (6) feet in height. Existing vegetation in wetland areas is not subject to this restriction.

14. Grass. Grass must be planted on a lot within nine (9) months of the start of construction. No grass in seed areas shall exceed six inches (6") in height. It is not required that the whole lot be seeded, but the appearance of a lot must be neat and orderly. Vacant lots and lots with structures but without total grass areas shall be kept clear and neat in appearance.

15. Fences and Hedging. No fencing is allowed for any purpose within thirty?five feet (35') of any roadway, and shall not exceed six feet (6') in height. The use of vegetation to develop privacy screens is permitted. The total height of a privacy screen shall not exceed six feet (6’). Any privacy screen located within thirty?five feet (35’) of a roadway shall not exceed four feet (4').

16. Swimming Pools, Tennis Courts, etc. – Swimming pools shall permitted on any lot so long as the same shall have the approval of Baasch or the Committee, as the case may be, with regard to its size, location, type of enclosure, and screening to be used. No above ground pools of any type shall be permitted. No enclosure shall exceed six feet (6') in height unless a greater height is required by appropriate statute or ordinance. The enclosure shall be kept in a neat and orderly fashion and, where possible, painted a color to complement the color of the residence.

Tennis Courts and other outside courts are allowed. The permanent fencing shall not exceed six feet (6') in height. Any additional fencing shall be of a temporary nature and removed when, the court is not in use. Exterior lighting is allowed provided it is designed to direct light away from surrounding properties and provided that it is turned off when the court is not in use. No free standing hot tubs or spas are allowed unless shielded from view by vegetation and approved by Baasch or the Committee.

17. Lawn Ornaments/Clotheslines. No lawn ornaments, statues, fountains or outside clotheslines shall be permitted without the consent of the Architectural Control committee and unless fully screened from public view.

18. Antennas. No antennas or satellite dishes of any type are allowed on the exterior of any structure or on any lot in the plat without the consent of Baasch or the Architectural Control Committee.

19. Signs. No sign of any kind shall be displayed to the public view on any lot except a "for sale" sign of not more than four (4) square feet per side. A builder's sign is permitted during construction; which - sign is not to exceed twelve (12) square feet in area.

20. Animals. No animals, livestock or poultry of any kind shall be raised, bred or kept, on any lot, except that a pet dog and/or cat may be so kept, provided they are not kept, bred or maintained for any commercial purpose. No kennels shall be constructed or maintained on the premises. The use of (dog) runs or pens for the continuous Confinement or restraint of a pet is prohibited. The resident is responsible for control of their pet.

21. Gardens. A vegetable garden not to exceed one thousand five hundred (1,500) square feet is allowed on each lot.

22. Sewage Disposal. All sewage disposal systems shall be designed, located, constructed and maintained in a safe and sanitary manner in accordance with the Rules and Regulations of the Commonwealth of Massachusetts and the Town of Rehoboth. When public mains for the collection of sewage are available, all dwellings, whether erected prior to, or after availability shall be connected to said public mains and discontinue the use of private disposal apparatus as soon s possible, not to exceed eight (8) months.

23. Obligation To Repair and Rebuild. Each owner shall at his sole cost and expense maintain and repair his residence and keep the same in a condition comparable to the condition of such residence at the time of its completion, except normal wear and tear thereon. If all or any portion of a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the owner thereof, with due diligence, to rebuild, repair or reconstruct such residence in a manner which will substantially restore it in appearance and to the same condition as immediately prior to the casualty.

24. Restrictions During Construction. During the period of construction, the lot owner shall be responsible for keeping the property free of debris or rubbish and for clearing such debris blown on or otherwise deposited on abutting properties or roadways. If such debris is not removed, Baasch or the Committee shall have the right to arrange for the removal of such debris at the owner's expense and by placing a lien against the property. Such lien shall be perfected by placing a notice of same in the Land Evidence Records of the Town of Rehoboth via the Bristol County Northern District Registry of Deeds.

Work on any structure may not begin before 7:00 a.m. and shall not end later than 6:00 p.m. The operation of heavy equipment may not begin before 7:30 a.m. and shall end no later than 5:30 p.m. All work except for painting and for work performed on the inside of the structure is prohibited on Sundays. Radios and stereos shall be operated at a reasonable level so as not to disturb any of the neighbors.

No loam, sand gravel or other fill shall be removed from a lot, either before or after construction without the consent of Baasch and/or the Architectural Control Committee

25. Occupancy. No residence shall be occupied until the Town of Rehoboth has issued an occupancy permit and the structure is substantially completed. Substantial completion shall include, but not be limited to: finish grading of the entire lot; removal of all rubbish and debris; installation of at least the base coat of asphalt in the driveway; completion of all walkways, porches, steps and decks; installation of all exterior siding, trim, windows and doors (except storm windows and doors if any); and the application of the finish coat of exterior paint and/or stain. No home shall be occupied by anyone other than the owner of each lot and their immediate family, except as approved by Baasch for live-in healthcare or childcare, as approved by the Town of Rehoboth.

26. Sale of Lots. During, the period when Baasch serves as the Architectural Control Committee, as heretofore provided, and the owner of a lot desires to Sell it at a private sale, he shall give Baasch its successors and assigns, the first opportunity to purchase the same at the price and on the same terms and conditions for which the lot owner is willing to sell the lot and Baasch, its successors or assigns, shall have fourteen (14) days after receipt of notice in writing of the proposed sale and its terms and conditions to exercise the option by accepting in writing said offer; provided, however, that nothing herein contained shall be construed as a limitation of the right of the owner, his heirs or assigns to sell said premises at public auction.

27. Re: Subdivision Prohibited. No lot can be further subdivided without the consent of the Architectural Control Committee or Baasch.

ARTICLE IV. GENERAL PROVISIONS

a) Declarant, the Association or any owner shall have the right to enforce by any proceeding at law or in equity, all restrictions, conditions, covenants, easements, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by Declarant, the Association or by any owner to enforce arty covenant or restriction herein contained shall not is any event be deemed a waiver of the right to do so thereafter.

b) Severability. Invalidation of any one of these covenant or restrictions by judgment or Court order shall in no way affect any other provisions which shall remain in full force and affect.

c) Amendments. Exceptions may be made to these restrictions and the Perimeter Map by Baasch so long as Baasch functions as the Architectural Control Committee. Thereafter, the provisions of this Declaration may be amended by duly recording an instrument executed and acknowledged by not less than one hundred per cent (100%) of the lot owners, with the owner of each lot entitled to one (1) vote; provided, however, that the Declarant reserves the right to make amendments at any time during which it shall own any lots in said subdivision.

d) Subordination. No breach made of conditions herein contained shall defeat or render invalid the lien of any mortgage made in good faith: provided, however, that such conditions shall be binding on any owner whose title is acquired by foreclosure, trustee's sale, or otherwise.

e) The Declarant reserves the right to make Article III of these Restrictions and Covenants applicable to any contiguous or adjacent parcels of real estate which it owns or may in the future own. In such event of any lots conveyed subject to said Article of these Restrictions, shall have the benefit of the same including the right to enforce any of the provisions set forth, and shall be subject to the controls or restrictions imposed.

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