Now comes John Thade, of St. Johnsbury, Vermont, (herein referred to as the "Declarant" or as the "Subdivider"), and declares the follows:

UNTIL FINALIZED AND RECORDED IN THE GLOVER LAND RECORDS, THIS DOCUMENT IS THE LATEST PROPOSAL. THE OWNER/ DEVELOPER IS AGREEABLE TO DISCUSSING PARTICULARS OF THE ENSUING PROTECTIVE COVENANTS.


TO THE PUBLIC: Declaration of Restrictions on the subdivision known as Dexter Mountain Estates, owned by John Thade, a subdivision located in Glover, Vermont on the easterly side of Town Highway #23, also known as Dexter Mountain Road, consisting of Lots #1, #2, #3, #4, and #5 as depicted on a certain survey plan entitled "Subdivision Plan Prepared for John Thade - Dexter Mountain Road (T.H. #23), Glover, VT" prepared by Truline and to be recorded with the Glover Town Clerk.


Dexter Mountain Estates was created with the nature lover in mind and for those who would like to enjoy and protect natural open spaces and awe-inspiring beauty.

ENVIRONMENTAL PRESERVATION AND GENERAL PURPOSES:

1.1 None of the lots in the subdivision which are sold to purchasers shall be used for any purpose or activity other than a purpose or activity specifically permitted and no structure or activities shall hereafter be erected or maintained on any lot, except a structure herein specifically mentioned and permitted.


1.2 Alfred and Barbara Carrier (neighbor to Lot #1) have deeded spring rights and they and their heirs and assigns may access the land known as Dexter Mountain Estates to repair and or maintain those water rights.


1.3 No parcel shown on the survey above referenced shall be divided or subdivided, sold, transferred, or conveyed, nor may any part of any lot, or interest in such lot, may be sold, transferred, or conveyed, or in any way subdivided in any parts smaller than the whole so as to create or provide additional lots of any kind for any purpose at anytime during the tenure of these protective covenants.


1.4 No discharge of firearms of any type, hunting or trapping of any kind shall be permitted on any lots at Dexter Mountain Estates.


1.5 The lands depicted on the aforementioned survey are subject to all utility line easements of record prior to the execution of this document.


1.6 No owner of any parcel shall interfere with any brook or stream thereon in such a way as to change the existing condition and flow thereof, without the written approval of the design review board, described hereinafter.

BUILDINGS AND IMPROVEMENTS:

2.1 All parcels in this subdivision and all buildings or structures thereon, now or hereafter erected, shall be used for residential purposes only and shall not be used for any business, trade, manufacturing or commercial purpose; provided, however, that the owner of any parcel may within the residential building thereon personally practice his or her profession so long as the same shall not require his or her clients or customers to visit the premises. The restriction of this paragraph, however, is not intended nor to be interpreted to prohibit the leasing or rental of a single family residential building as a single unit for a period of time by an owner thereof to a lessee who will occupy said building as private residential dwelling.


2.2 All residences shall be constructed within the defined building envelope, also referred to as the suggested building envelope, as depicted on the aforementioned survey, together with any potential guest house, breezeway, garage and/or barn. This will afford the premier view for all lots within the subdivision.


2.3 No single or double-wide mobile homes, commercial or business vehicle, bus, tent, camper, house trailers, trailers, mobile homes, motor homes and the like, or temporary structure of any kind, shack, unregistered vehicles, or vehicles that can not move on their own power, abandoned or junk vehicles may remain on the premises for more than one week nor shall the same be left or abandoned on the road or any portion of the lot or subdivision. However, prefabricated homes and modular homes are permitted. No outbuilding, basement or other structure, shall be placed or constructed or allowed to remain on the premises and temporarily or permanently occupied. No nuisances, health hazards, activities reasonably considered offensive or structures or objects reasonably considered unsightly to adjoining landowners shall be permitted on the premises.


2.4 No structures over 10 feet in height may be erected outside of the building envelope except for tennis court and swimming pool fencing.


2.5 Each owner, during the process of construction of improvements on the owner’s lot, shall be jointly and severely liable to Declarant for any damage to the roadway from the Town Road to the terminus of the cul-de-sac, it’s shoulders and swales. In the event of such damage, the owner(s) shall pay the Declarant within 10 days of notice, the amount determined by the Declarant as necessary to restore the damaged portion of the road, including collection costs and reasonable attorney’s fees.


2.6 Any site improvements, landscaping or construction shall be completed within 12 months after commencement of site improvements, landscaping or construction. No trees may be planted in front of the homes at any point of the sub-division. This guarantees future generations unobstructed long distance views. Privacy hedges may encompass the main and guest residences and need to be placed within 50 feet of the building. Fruit trees are permitted as long as their height does not exceed 20 feet. If any construction disturbs the landscape or existing natural ground cover on or about any lot, the owner of such lot shall restore the landscape prior to the conclusion of the planting season in which the construction was commenced.

UTILITIES:

3.1 All utilities, including telephone, electricity, cable television, radio service, or the like, shall be installed, placed and maintained underground and need to be guided along the specified driveway design area as indicated in the survey maps. The extended installation (from where the developer has already installed the utilities) will be in accordance with the rules and regulation of the utility companies and at the sole expense of the lot owner.

OTHER:

4.1 No lot shall be used in whole or in part for storage of any rubbish, trash, or garbage. All waste shall be kept, out of sight from the road and from other subdivision lots, in sanitary and animal- proof containers with tight fitting lids for disposal.


4.2 No offensive or unsightly conditions which tend to be objectionable to the neighboring owners shall be allowed to be commenced or maintained on the lots. This restriction shall include, but is not limited to, the keeping of swine, goats or the maintenance of cattle, or farm stock. This restriction shall not preclude an owner from grazing horses or ponies on said land for personal use.


4.3 No signs or other advertising of any character or nature, including political signage, shall be erected, posted, maintained, or displayed at the subdivision (excepting the subdivision identifying sign). However, one real estate "for sale" sign may be posted on any lot, not to exceed 12 square feet.


4.4 Some of the upper fields and mostly all of the lower land parcels consist mostly of native timothy hay. The fields need to be hayed at least once, and preferably twice per year. It is the responsibility of lot owners to tend to the prime agricultural land to keep their lots and property in good condition. Neglecting the proper maintenance of the hay fields is a violation of subdivision covenants.


4.5 Cruelty to animals, killing or slaughtering of owners’ animals (for whatever reason) is strictly forbidden on any lot and persons owning or having charge of animals shall at all times diligently and intelligently see to feeding, watering and sheltering of such animals in a proper fashion. Animals shall be kept in humane conditions and manner, the purpose of this provision being to promote humane treatment of animals and to save all persons the anguish of observing and tolerating inhumane treatment of animals. Poultry and livestock are not permitted to be kept on Lots in this Development. Horses and ponies as well as all other household pets are permitted. A horse corral and or barn may be built within the construction envelops only. The accumulation of manure in horse corrals must be removed from the premises no less than twice a year.


4.6 All owners agree to be responsible for their pro-rata share of maintenance of the 300 foot road within the subdivision ending in a cul-de-sac and known as Dexter Mountain Estates Road. In accordance with approximate lot usage, the costs sharing will be as follows: Lots 1 & 5 - 12.5% each per lot; Lots 2, 3 & 4 - 25% each per lot.

GOVERNANCE:

5.1 The restrictions and covenants herein are to run with the land and should be binding upon and shall inure to the benefit of all the parties and all persons owning lots in Dexter Mountain Estates or claiming under them until January 1, 2107.


5.2 If the owners of such lots or any of them, or their heirs or assigns, shall violate any of the covenants herein, it shall be lawful for any other person owning real estate situated in said subdivision to prosecute any proceedings at law or in equity against the person or persons violating any of such covenants, and either to prevent him from so doing or to recover damages for such violation or both.


5.3 These Protective Covenants may be amended by the unanimous vote of all of the owners of this development.


5.4 Invalidation of any one of these covenants or restrictions, whether by judgment or any order of court or otherwise, shall not affect the validity of any of the other provisions herein which shall remain in full force and effect.

IN WITNESS WHEREOF, I hereunto set my hand this ___ day of ___________, 2008.

IN PRESENCE OF

_______________________

JOHN THADE

STATE OF VERMONT

CALEDONIA COUNTY

At St. Johnsbury, this ___th day of ________, 2008, JOHN THADE, personally appeared, and he acknowledged this instrument, by him subscribed to be his free act and deed.

Before me,

_________________________________

Notary Public

my commission expires: __________

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