| SCHEDULE "C" |
| 1. The property shall be used for private single family residential purposes only. No attached or semi-detached house, duplex, apartment, or any house designed for more than one family shall be erected on the property and only one detached dwelling house (the "residence") may be erected on the property. Any residence approved must be constructed on site. |
| 2. The property or any residence erected thereon shall not at any time be used for the purpose of any profession, trade or business of any description, nor as a school, hospital or other charitable or non-profit institution, nor as a hotel, apartment house, duplex, boarding or lodging house or place of public resort. |
| 3. The residence must have minimum an attached two-car garage and may have a boat-house or pool-house suitable for a residence of the class or value thereof as long as the plans, specifications and site locations for every outbuilding are first approved by the transferor in accordance with paragraph 4 hereof. No garage or outbuilding shall be occupied as living quarters at any time. |
| 4. No building, wall, fence or other structure shall be erected on the property nor shall any addition or alteration be made until the plans, specifications and site location have been submitted to and approved in writing by the transferor which may, in its sole discretion, refuse approval of the plans, specifications or site locations which, in its opinion, are unsuitable or undesirable. Any additions or alterations to plans, specifications or site locations must be approved in writing before work proceeds. The dwelling must have a minimum of a two-car attached garage. |
| 5. No birds or animals shall be kept on the property except dogs, cats and small birds as household and family pets. |
| 6. As a minimum requirement, unless otherwise stated in this Schedule "C", no part of a building, wall, fence or other structure shall be erected on the property nearer to the property lines than is permitted by the applicable by-law of the Town of Hampton. The by-laws of the Town of Hampton, as amended from time to time, are adopted by reference as being part of this Schedule "C" as if set out herein. |
7. (a) No dwelling shall be erected on the property which shall have a ground floor living area of less than the following number of square feet:
| (i) | single storey residence with attached garage | 1600 sq. ft. ** | | (ii) | one and one-half or two storey residence with attached garage | 1200 sq. ft. ** |
The measurements may include the outer walls but shall exclude the garage and any patio, porch, sunroom or like part of a building.
(b) No dwelling shall be erected on the parcel less than fifty (50) feet from the street line.
**In the sole discretion of the transferor the restrictions set out in this paragraph 7 may be waived or modified based on considerations such as uniqueness of design, exterior appearance or landscaping. |
| 8. No sign or advertising matter of any kind, except the ordinary signs offering the property for sale, shall be placed on the property, or on the buildings, fences or trees thereon. |
| 9. No excavation shall be made on the property except for the purpose of building or for the improvement of the gardens and grounds thereof. No soil, sand or gravel shall be removed from the property unless with the permission of the transferor. If during the course of such excavation, or otherwise, the transferee disturbs the location of any property pin, survey marker or the like, the transferee shall forthwith cause the disturbed item to be replaced immediately by a qualified land surveyor approved by the transferor. |
| 10. Clear cutting of the trees or shrubbery on the property shall not be permitted except in accordance with plans, specifications and site locations approved by the transferor in accordance with paragraph 4. During construction the transferee shall use all reasonable care to preserve existing trees and shrubbery, to remove from the site any excess fill and to ensure that construction debris is contained in an appropriate receptacle and removed from the property. |
| 11. The transferee agrees that utility services (such as hydro, telephone and cable television) shall be installed underground from the street line. |
| 12. Construction of the residence on the property in accordance with the approved plans, specifications and site locations shall be commenced within thirty-six (36) months after the transferor's conveyance of the property to the transferee. Construction shall be completed within one (1) year after its commencement. |
| 13. In the event of default by the transferee by failing to comply with paragraphs 4 and 12, the transferee shall reconvey the parcel to the transferor, free and clear of all liens, charges or encumbrances within twenty (20) days of receipt of the transferor's written request to reconvey, for the same consideration paid by the transferee to the transferor for the parcel, with reasonable deductions to cover the transferor's legal and other costs associated with the reconveyance. |
| 14. Any specific rights or remedies afforded the transferor by the provisions of this Schedule "C" do not in any way limit, restrict, detract from, prejudice or prohibit any other remedies which may arise by operation of law or of equity for breach of the covenants, conditions, liabilities and obligations in this Schedule "C". |
| 15. The transferee shall complete the landscaping of the property (which shall include paving the driveway) within twelve (12) months after the date of completion of the residence. The landscaping shall include the grounds, lawns and shrubbery surrounding the building improved in such manner as to be in keeping with the general appearance of the surrounding developed lots in The Links at Hampton Subdivision – Phase One (the "Subdivision"). The driveway placed on the parcel shall extend to the edge of the roadway asphalt pavement and shall be paved with asphalt, concrete or the use of crushed stone or material which has been approved by any governmental authority having jurisdiction. The transferee shall maintain all landscaping in an attractive manner. |
| 16. The transferee acknowledges that it is the responsibility of the transferee to provide a culvert on the property which the transferee shall install at the transferee's expense prior to construction of the residence or sooner if required by the transferor or the Town of Hampton. The transferee shall install the culvert in accordance with the requirements of the Town of Hampton and the transferor shall have no responsibility with respect to the culvert. |
| 17. If the transferor is required to perform any of the work (including installation of the culvert), which is the obligation of the transferee, the transferee shall forthwith reimburse the transferor the full cost of the work performed without delay. |
| 18. The transferor may waive, alter or modify these covenants, conditions, liabilities and obligations in respect to the property or any lot or lots in the Subdivision without notice to the transferee or to the owner of any other lot in the Subdivision for as long as the transferor retains ownership or any part of the lands now owned by the transferor in the Subdivision. |
| 19. No part of the property or any interest in the property shall be conveyed, alienated, mortgaged, released or otherwise disposed of or subdivided except in conjunction with the entire property. |
| 20. The transferee acknowledges that the Subdivision is adjacent to the Hampton Golf Club and that golf balls originating from the Club property may constitute a risk or hazard. The transferor shall have no responsibility for any damage or injury suffered as a result of errant golf balls landing on the property. |
| 21. The transferee shall obtain from any transferee from the transferee of the property a covenant to observe and comply with the covenants, conditions, liabilities and obligations set forth in this Schedule "C" including this covenant. |
