RESTATED DECLARATION OF PROTECTIVE COVENANTS,
RESTRICTIONS, RESERVATIONS, SERVITUDES AND
EASEMENTS AFFECTING THE REAL PROPERTY
KNOWN AS FLINT HILL ESTATES

WHEREAS Declarant is presently the owners of all the real property described in Article I hereof, and intends to subject said property to the protective covenants, restrictions, reservations, servitudes and easements hereinafter set forth, each and all of which is and are for the benefit of said property and of each present and future owner thereof or of any part thereof, and shall inure to the benefit of, be subject to and pass with said property and each and every part thereof, and shall apply and bind every present and future owner of said property, or any part thereof, and their and each of their heirs, successors, legal representatives and assigns:

ARTICLE I
PROPERTY SUBJECT TO THIS DECLARATION

The real property which is and shall be held, transferred, sold, conveyed, used and occupied subject to the covenants, restrictions, reservations, servitudes and easements with respect to the various portions thereof set forth in the various articles and subdivisions of this Declaration, is located in the County of Hillsborough, State of New Hampshire, and is more particularly described as follows:

A certain tract or parcel of land situated in Hollis, County of Hillsborough, State of New Hampshire, and being more particularly bounded and described as follows:

Being twenty-six (26) lots of land situated in Hollis, said County of Hillsborough, State of New Hampshire, being Lots 37-1 thru lot 37-26, as shown on a plan entitled, AMap 14/Lot 37 Overall Subdivision Plan (1 of 8) Wright Heirs Property, Richardson and Wright Road, Hollis, New Hampshire; prepared for: Wright Heirs,@ by Cuoco & Cormier Engineering Associates, Inc., Civil Engineers; plan dated January 14, 2005; scale: 1" = 200'; said plan to be recorded in the Hillsborough County Registry of Deeds.

ARTICLE II
GENERAL PURPOSES OF COVENANTS

The real property described in Article I hereof is subject to the covenants, restrictions, reservations, servitudes and easements hereby declared to ensure the best and the most appropriate development and improvement of each lot thereof; to protect the owners of lots against such improper use of surrounding lots as will depreciate the value of their property; to preserve, therefore, as practicable, the natural beauty of said project; to guard against the erection thereon of poorly designed or proportioned structures and structures built of improper or unsuitable materials; to obtain harmonious architectural schemes; to ensure the highest and best development of said property; to encourage and secure the erection of attractive homes thereon, with appropriate locations thereto on the lot; to prevent haphazard and inharmonious improvements of the lot; to secure and maintain proper setbacks from streets and adequate free spaces between structures; and, in general, to provide adequately for a high type and quality of improvements in said property, and thereby enhance the property and investments made by purchasers of lots therein.

ARTICLE III
MINIMUM STANDARDS AND PROHIBITED USES

The following minimum standards and prohibited uses shall be applicable to the real estate described in Article I above.

A. No single story dwelling house having a floor square foot area of less than 2,500 square feet and no two story dwelling house having a floor square foot area of less than 3,000 square feet shall be erected, constructed and maintained upon any lot. In computing square foot area, credit shall not be given for screened porches, garages, patios, basements or airier areas. The total ground floor area of any dwelling house plus any outbuilding shall not exceed twenty (20%) per cent of the lot area.

Appurtenant outbuildings may include a garage for not less than three (3) cars and a tool house and each appurtenant outbuilding shall not be over one and one-half stories in height.

B. No building, structure or object, including fences, gates, entrances or landscaping, shall be erected, placed, situated or maintained on any lot until plans and specifications for and location of such building or structures have been approved in writing by the Declarant or his assigns or nominee. No underground oil tanks are allowed. Nevertheless, propane tanks shall be allowed to be underground. If the propane tank is left above ground it must be properly screened from public view.

C. No dwelling house shall be erected without providing an enclosed garage sufficient are for not less than three standard automobiles. No open carports shall be constructed, unless approved by Declarant. Garages shall be so constructed as not to face the street whenever possible.

D. No swimming pool appurtenant pump house shall exceed ten (10) feet in height above the natural ground elevation of such lot unless approved by the Declarant.

E. No outdoor fireplace or wall shall exceed six (6) feet in height above the natural ground elevation of such slab unless approved by the Declarant.

F. All garbage cans and trash containers shall be equipped with locking or sealing tops. Any such garbage can will be placed in sanitary containers on that portion of a lot or an easement or right of way designated for that purpose and shall have all tops adequately sealed and shall be placed in a neat and orderly fashion. No garbage container shall be placed on any lot or easement or right of way for collection sooner than twelve (12) hours prior to the appointed time for collection, and all empty containers shall be removed from any collection point immediately upon collection. All garbage containers shall be maintained, stored, and placed for collection in a neat and orderly fashion so as to not create unnecessary nuisance, disturbance, or unsightliness. All garbage placed in garbage containers shall be sealed in standard trash bags made of material of sufficient strength to contain garbage placed therein without ripping or tearing.

G. All lots shall be fully landscaped contemporaneously with the completion of construction of the dwelling house in accordance with a landscape plan approved by the Declarant. The landscaping to be installed shall equal three (3%) percent of the cost of the main dwelling house and/or the approval by the Declarant of a landscape plan. All driveways are to be paved unless approved by the Declarant. There shall be no unsightly lawn displays and all seasonal displays must be removed in a timely manner.

H. All roofing materials shall be approved by the Declarant.

I. No dwelling house more than two (2) stories in height and no appurtenant outbuilding more than one and one-half (1-1/2) story in height shall be erected, constructed or maintained on any lot unless approved by the Declarant.

J. All public Utility wires, lines, cables and pipes, including without limitation, all telephone, electrical, and cable television wires shall be installed underground through P.V.C. conduit from the dwelling or outbuilding to the street or utility easement.

K. No outdoor clothes line of any kind shall be constructed or used nor shall any clothes, bedclothes, or cloth materials of any kind be placed outside of any building for drying or airing, unless screened from view of adjacent lots and streets.

L. No air conditioning, heating, satellite dishes, or other appliances of any kind shall be constructed or placed upon any roof of any building or any part thereof, unless approved by Declarant.

M. Unless otherwise approved by the Declarant, construction of approved improvements shall commence within ninety (90) days from the date of approval by the Declarant and construction shall proceed continuously and be completed within a reasonable time, and in no event shall construction of a dwelling house or other improvements be extended or last for more than eighteen (18) months unless other-wise approved by the Declarant.

N. No temporary building, tent, structure or improvement shall be constructed, erected or maintained without the prior approval of the Declarant.

O. No basement, garage, trailer or partially completed building shall be used for human occupancy prior to the completion of the entire approved building and improvements.

P. No hogs, cattle, cows, goats, sheep, poultry, horses or other animals, birds or reptiles shall be kept, raised or maintained on any lot, except that said animals may be kept, raised or maintained on lots of 10 or more acres if their presence causes no disturbance to others, and dogs, cats and other household pets may be kept in reasonable numbers on any sized lot if their presence causes no disturbance to others. All pets shall be kept on a leash when not on the owner's lot and no pet shall be allowed to roam unattended.

Q. No truck, tractor, trailer, mobile home, motor home, ATV, recreational vehicle, campers, tractors, motorcycle, or boat shall be kept parked or stored on any road, right of way or easement or on any lot except an enclosed garage or a screened and landscaped area not visible from adjacent property. No vehicle of any kind shall be parked overnight on any road right of way. Provided, however, that nothing contained in this paragraph shall preclude service and delivery vehicles from using the streets and serving the homes.

R. All lots shall be kept in a clean and sanitary manner and no rubbish, refuse or garbage allowed to accumulate or any fire hazard allowed to exist. Weeds and grass growth shall be cut regularly and all trees and shrubs shall be appropriately trimmed.

S. No nuisance shall be brought upon any lot or any use or practice that is a source of annoyance to other lot owners or interferes with the peaceful possession and proper use of the lots by the residents thereof.

T. No immoral, improper, offensive or unlawful use shall be made of any lot, house or other improvement and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction shall be strictly observed.

U. No aerial or antenna taller than thirty (30) feet shall be directly upon any lot or fixed to any structure. Any so-called "dish antenna" shall be screened from view so as not to deteriorate from the architectural scheme of the development or a nuisance.

V. No lot shall be re-subdivided except by approval of the Declarant.

W. All exteriors of buildings, outbuildings or fences and all exterior surfaces of any type, quality, or nature shall be painted or other wise covered in uniform, traditional colors.

X. A guest suite or like facility may be included as part of main dwelling or accessory building, but such suites may not be rented or leased except as a part of the entire premises including the main dwelling, provided, however, that such guest suite would not result in overcrowding the lot. Such facility is subject to the approval of the Declarant.

Y. All mailboxes will be black in color and hung on granite mailbox posts. All newspaper receptacles must be painted black and not have newspaper logos on them.

Z. No snowmobiles, ATV=s or other mechanized vehicles are permitted to be used in the Open Space or Common Land or Trails as hereinafter described.

AA. All hunting of any kind or mode is prohibited.

BB. No vegetable gardens to be visible from other properties.

CC. No exterior lighting shall shine over property lines.

ARTICLE IV
APPROVAL OF PLANS AND LOCATION OF STRUCTURES

1. No building, outbuilding, garage, fence, wall, retaining wall, swimming pool, tennis court, guest suite, or other structure of any kind shall be erected, constructed, placed or maintained on said real property, or any part thereof, nor shall any alteration, addition, changing, repairing, remodeling, or adding to the exterior thereof be made, unless prior to the commencement of any construction, excavation, or other work, two (2) complete sets of plans and specification therefor, including front, side and rear elevations and floor plans for each floor and basement, and two (2) plot plans indicating fixing the location of such structure or such altered structure on the lot with reference to the street side, and rear lines thereof, and two (2) landscaping plans indicating placement and type of landscaping materials be placed on the lot or building site, and also indicating exterior colors to be used on all exterior surfaces of buildings, outbuilding and fences, shall have been first submitted in writing for approval, and approved in writing by the Declarant.

2. Approval of plans, speculations and locations by the Declarant shall be endorsed on both sets of said plans and specifications, and one (1) set shall forthwith be returned by the Declarant to the person submitting the same.

3. The approval of the Declarant of plans and specifications submitted for approval, as herein specified, shall not be deemed to be a waiver by the Declarant of the right to object to any of the features or elements embodied in such plans or specifications, if and when the same features and elements are embodied in any subsequent plans and specifications submitted for approval for use on other lots.

4. After such plans and specifications and other data submitted have been approved by the Declarant no building, outbuilding, garages, fence, wall, retaining wall, or other structure of any kind shall be erected, constructed, placed, altered or maintained upon said property unless the same shall be erected, constructed, or altered in conformity with the plans and specifications and plot plans heretofore approved by the Declarant or his duly appointed agent. If any building, outbuilding, garage, fence, wall, retaining wall, or other structure or any kind shall be erected, constructed, placed, altered or maintained upon said property other than in accordance with the plans and specifications therefor, approved by the Declarant such erection, construction, placing, alteration and maintenance shall be deemed to have been undertaken without the approval of the Declarant ever having been obtained as required by this Declaration .

5. (a) After the expiration of one year from the date of completion of any structure or alteration, such structure or alteration shall be deemed to comply with all of the provisions of this Article IV unless notice to the contrary shall have been delivered to the lot owner. Declarant reserves the right, upon giving such notice, to commence legal proceeding to enforce such compliance.

(b) In the event that the Declarant shall fail, for a period of thirty (30) days, to approve or disapprove any plans, specifications, or plot plans submitted to it for approval, the same shall be deemed to have been approved.

6. Any agent or nominee of the Declarant may, at any reasonable tine, enter and inspect any building or property subject to the jurisdiction of the Declarant under construction or on or in which the agent or nominee may believe that a violation of the covenants, restrictions, reservations, servitudes or easements is occurring or have occurred.

ARTICLE V
SCOPE AND DURATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS

All of the covenants, conditions and restrictions set forth in this Declaration are imposed upon the property for the direct benefit thereof and the owners thereof as part of the general plan of development, improvement, building and maintenance of said property. Each grantee or purchaser under a contract of sale or agreement of purchase, accepts the same subject to a provision of this Declaration and agrees to be bound by each such covenant, condition and restriction contained herein. Except as otherwise expressly provided herein, said covenants, conditions and restrictions shall run with the land and continue to be in full force and effect in perpetuity.

ARTICLE VI
AMENDMENTS

The terms and conditions of this Declaration may be amended, annulled or waived by an instrument in writing recorded in the Hillsborough County Registry of Deeds in the following manner and subject to the following conditions:

A. Except as provided in subparagraph B, of this Article, VI, such amendment, annulment or waiver shall have been approved by the owners of not less than eighty-five (85%) percent of the Lots. However, the restriction on the use of snowmobiles, ATV and mechanical vehicles cannot be changed.

B. Until such time as Declarant, his successors or assigns, has sold 100% of the Lots, Declarant shall have the sole right and power of amendment, annulment or waiver, and no such amendment, annulment or waiver shall be undertaken by another person without the prior written consent of Declarant, his successors or assigns.

C. The restrictions as to construction approval by the Declarant shall cease as of January 1, 2026.

ARTICLE VII
VIOLATION OF COVENANTS, RESTRICTIONS, RESERVATIONS,
SERVITUDES AND EASEMENTS

A breach or violation in whole or part of any of the covenants, restrictions, reservations, servitudes and easements shall give to the Declarant or any lot owner subject to this Declarant the right to bring legal action by law or in equity against the violators seeking damages as to enjoin the violator by injunction. Such remedy shall be deemed cumulative and not exclusive.

Where action, suit or other judicial proceeding is instituted or brought to the enforcement of these covenants, restrictions, reservations, servitudes, and easements, the losing party in such litigation shall pay all expenses, including reasonable attorney' s fees, incurred by the other party in such legal proceeding.

ARTICLE VIII
RIGHT TO ENFORCE

The provisions contained in this Declaration shall bind and inure to the benefit of and be enforceable by the Declarant, or by the owner or owners of any portion of said property, their and each of their legal representatives, heirs, successors and assigns; failure by the Declarant, or by the owner or owners or any portion of said property or their legal representatives, heirs, successors or assigns, to enforce any of such covenants, restrictions, reservations, servitudes and easements herein contained shall, in no event, be deemed a waiver of the right to do so thereafter, unless otherwise provided herein.

ARTICLE IX
ASSIGNMENT OF POWERS

Any and all rights and powers and reservations of the Declarant herein contained may be deeded, conveyed or assigned to another corporation, partnership or individual, and upon such corporation, partnership or individual evidencing its consent in writing to accept such assignment and to assume such duties and powers, it shall, to the extent of such deed, conveyance or assignment, have the same rights and powers, and be subject to the same obligations and duties as are given to and assumed by Declarant herein and thereupon Declarant shall be relieved of the performance of any further duty or obligation hereunder to the extent of such conveyance or assignment.

In the event Declarant shall convey all of its right, title and interest in and to the real property described in Article I herein and shall assign all of its rights, powers and privileges under this Declaration to another corporation, partnership or individual, and such assignee should, by instrument in writing to be executed, acknowledged and recorded in the Hillsborough County Registry of Deeds, accept such conveyance and assume and agree to be bound by each and all of the obligations and duties hereby imposed onto the Declarant, then and in that event, Declarant shall be relieved of the performance of any further duty or obligation hereunder and such other corporation, co-partnership, or individual shall succeed to all of the rights, powers, reservations, obligations and duties, as though such other party had originally been named as Declarant instead of the Declarant.

ARTICLE X
MARGINAL NOTES AND HEADINGS OF ARTICLES

The marginal notes and headings as to the contents of the paragraphs are inserted only as a matter of convenience and for reference, and in no way are, or are they intended to be, a part of this Declaration, or in any way define, limit or describe the scope and intent of that section or paragraph to which they refer.

ARTICLE XI
THE VARIOUS PARTS OF THIS DECLARATION ARE SEVERABLE

In the event of any clause, subdivision, term, provision or part of the Declaration being adjudicated by final judgment of any court of competent jurisdiction to be invalid and unenforceable, then disregarding the paragraph, subdivision, term, provision or part of this Declaration as adjudicated to be invalid or unenforceable, the remainder of this Declaration, and each and all of its terms and provisions not so adjudicated or invalidated or rendered unenforceable shall remain in full force and effect, and each and all of the paragraphs, subdivisions, terms, provisions or clauses of this Declaration are hereby declared to be severable and independent of each other.

ARTICLE XII
STREET LIGHTING

In the event Declarant installs street lighting, then the owner of each Lot shall be responsible for one twenty-sixth of the cost of electric service for and maintenance of said street lighting system.

ARTICLE XIII
DEFINITIONS

The following words when used in this Declaration shall have the following meanings;

(a) "Articles of Agreement" or"Articles" shall mean and refer to the Articles of Agreement for     FLINT HILL ESTATES    , a New Hampshire non-profit association, its successors or assigns.

(b) "Association" shall mean and refer to     FLINT HILL ESTATES     a New Hampshire non-profit association.

(c) "Board" shall mean the Board of Directors of said Association.

(d) "By-Laws" shall mean the By-Laws of the Association and any amendments thereto.

(e) "Common Expenses" shall mean and include the actual and estimated expenses incurred by the Association for the repair, maintenance and replacement of the Common Property, including any reasonable reserve, all as may be found to be necessary and appropriate by the Board pursuant to this Declaration and the By-Laws and the Articles of Agreement.

(f) "Open Space" and/or "Common Property" and/or "Common Land" shall mean and refer to those areas being shown as Lots 37-29, 37-30, 37-31 and 37-32 as shown on the plan referred to in Article I.

(g) "Declaration" shall mean this Restated Declaration of Protective Covenants, Restrictions, Reservations, Servitudes and Easements Affecting the Real Property known as                                                       , and any amendments thereto. In this Declaration, the Declarant is sometimes referred to as the Developer.

(h) "Lot" shall mean and refer to any one of the residential house lots shown as Lots 37-1 thru 37-26.

(i) "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot situated upon the Property; but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired fee simple title pursuant to foreclosure or any proceedings in lieu of foreclosure. The Association shall not be considered an Owner for the purposes of this Declaration.

(j) "Percentage Interest" or "Undivided Interest" shall mean the interest of each Lot Owner in the Common Land as set forth in Article XIV (C).

(k) "Plan" shall mean the plan entitled AMap 14/Lot 37 Overall Subdivision Plan (1 of 8) Wright Heirs Property, Richardson and Wright Road, Hollis, New Hampshire; prepared for: Wright Heirs,@ by Cuoco & Cormier Engineering Associates, Inc., Civil Engineers; plan dated January 14, 2005; scale: 1" = 200'; said plan to be recorded in the Hillsborough County Registry of Deeds.

(l) "Property" or "Properties" shall mean and refer to the real property described in Exhibit A hereto.

ARTICLE XIV
OWNERSHIP AND PROPERTY RIGHTS

A. Plan of Development. The general plan of development for the Properties is a residential community consisting of residential Lots and Lots to be held as Common Property. The development shall be accomplished in compliance with the Plan as it now exists or may reasonably be amended by the Declarant provided the same is approved by the Planning Board for the Town of Hollis, New Hampshire. The Lots shall be developed as individual sites for single-family residential homes with no more than one home on a Lot. The Common Property shall be held for the use and enjoyment of all Lot Owners. Use of Lots is restricted and use of the Common Property is restricted. The Common Property is intended to remain generally undeveloped. The streets shown on the Plan shall be dedicated and proposed for acceptance as public rights of way by the Town of Hollis, New Hampshire. As part of the approval by the Planning Board for the Town of Hollis, New Hampshire, the Declarant shall deliver to the Town a deed conveying a fee simple interest to the streets as shown on the Plan. Except as otherwise provided herein, the Declarant shall be responsible for maintenance of streets and other improvements proposed as public improvements pending dedication and acceptance by the Town of Hollis, New Hampshire.

B. Ownership of Lots. Title to each Lot shall be conveyed in fee to an Owner or Owners. Each Lot shall be held, transferred, sold, conveyed and occupied subject to this Declaration. On the transfer of title, the Owner shall automatically become a member of the Association.

C. Ownership of Common Property. Appurtenant to the ownership of each Lot shall be an undivided one twenty-sixth interest in the Common Property.

D. Non-severability. The interest of each Lot Owner in the use and benefit of the Common Property shall be appurtenant to the Lot owned by the Owner. No Lot shall be conveyed by the Owner separately from the appurtenant interest in the Common Property. Any conveyance of any Lot shall automatically transfer the right to use the Common Property without the necessity of expressed reference in the instrument of conveyance. The rights and easements of enjoyment in and to the Common Property shall be subject to the following:

(1) The right of the Association to publish and enforce rules and regulations governing the rights and easements.

(2) The right of the Association to levy assessments and charges.

(3) The right of the Association to suspend the enjoyment rights of any Lot Owner for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations.

(4) Other easements, restrictions, agreements and reservations of record, insofar as the same may be in force and applicable.

E. Easements on Plan. The ownership interests in the Common Property and Lots described herein are subject to and with the benefit of the easements and other rights and obligations granted and reserved in this Declaration and as shown on the Plan. The Common Property shall be conveyed subject to certain easements as shown on said Plan. The Common Property shall not include any improvements or fixtures to the real estate made or affixed pursuant to the said easements.

F. Easements for Common Property. Every Lot Owner shall have an easement in common with the Owners of all other Lots for ingress and egress through, and use and enjoyment of all Common Property which shall be appurtenant to and pass with title to every Lot and which shall be subject to this Declaration as it may be amended from time to time.

G. Easement for Completion. The Declarant, its successors and assigns, expressly reserve an easement to perform such acts, make such improvements and do such things as may be reasonably related to accomplishing the development as set out on the Plan as it now exists or may reasonably be amended by the Declarant provided the same is approved by the Hollis Planning Board.

H. Taxation. Each Lot shall be taxed by the Town of Hollis, New Hampshire based upon its fair market value which shall include an assessment relating to the fee simple ownership of the Lot and a second assessment relating to the appurtenant rights that each Owner has in the Common Property. Each Lot shall be deemed to have an undivided equal interest in the Common Property. The total assessment shall be against the Lot. Failure to pay the assessment shall create a lien against the Lot for reason of non-payment. There shall be no lien against the Common Property for reason of non-payment of real estate taxes.

I. Association Membership. Each owner of a Lot automatically becomes a member of the Association, and the affairs of the Association shall be governed by the Articles of Agreement and By-Laws of the Association in conformity with the requirements of the Declaration of Protective Covenants.

ARTICLE XV
THE ASSOCIATION

A. Membership. The Owner of each Lot is deemed to have a membership in the Association. In the event that the Owner of a Lot is more than one person, votes and rights associated with the membership shall be exercised by one person designated by the Owner.

B. Rules and Regulations. The Association, through its Board of Directors, may make and enforce reasonable rules and regulations governing the use of the Common Property and enabling the maintenance, repair and replacements and improvements to the Common Property. The Rules and Regulations adopted by the Board of Directors shall be consistent with the rights and duties established by this Declaration.

C. Common Assessments. Each Lot may be assessed by the Association with an annual charge for Common Expenses. The terms and conditions governing the annual charge and the collection thereof shall be determined by the Association. The Association shall have the right to adopt reasonable rules and regulations to make an assessment against a Lot for purposes of Common Expenses. There is and shall be a present lien, with statutory power of sale pursuant to RSA 479:25, against each Lot to secure the payment of all assessments levied against the Lot. The obligation to pay such assessments shall run with the land so that each successive record Owner of a Lot shall in turn become liable to pay all such assessments. The Association shall have the right to enforce and collect such assessments either through a suit at law or proceedings to foreclose the lien established by this Declaration. The lien of assessments may be perfected upon recording a notice of lien against a Lot. When a notice of lien has been recorded, such assessment shall constitute a lien prior to and superior to all other liens except (1) all taxes, bonds, assessments and other levies which by law would be superior thereto and (2) the lien or charge of any prior recorded mortgage.

For More Information Contact: Elizabeth Woods, Owner - (603) 465-2516 Gerry Woods - (603) 493-6170 Email: Contact Lovejoy Hollis