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The present sale
is thus made subject to the following conditions, which the BUYER binds and
obliges himself to fulfill, namely : 1.
To pay all taxes and assessments, municipal, school,
general and special, imposed upon the immovable from _________ 2003 and a proportionate part of those for
the current year, reckoned from that date ; 2.
Not to call upon the VENDOR to supply copies of
title deeds, certificates of search or survey other than the general
subdivision plan of Terrasses des Ruisseaux project
; 3.
To accept the IMMOVABLE in its present physical
state and condition, the BUYER declaring to have examined the same and to be
content and satisfied therewith and more specifically not to hold the VENDOR
responsible for the presence of any debris of old structures or
infrastructures due to the past use of the site as a summer camp for
children, 4.
Not to call upon the Vendor to fence or contribute
to the cost of fencing the Immovable : 5.
NOT to subdivide the Property without the express
written consent of the Vendor 6.
To use the Immovable
only for the purpose of erecting no more than one ( 1 ) single family dwelling
thereon. Said IMMOVABLE shall be used
for residential purpose only and not for the operation of any commercial
and/or industrial enterprise whatsoever, save that any building thereon
erected may be rented for family or individual private use. This provision
shall not be deemed to constitute an obligation on the part of the BUYER, his
successors and assigns, to build on the IMMOVABLE hereby sold ; 7.
Not to erect, place or alter any dwelling on the
IMMOVABLE hereby sold, unless its plans and specifications, together with a
site plan showing the proposed location of the structure on the IMMOVABLE are
submitted to the Vendor for his
written approval, which approval shall not be unreasonably withheld. To use
noble materials such as stone and wood or similar materials for the exterior
finishing of all structures ; 8. Not to erect on the
IMMOVABLE any dwelling which does not have a minimum ground floor area of seven hundred square feet ( 700 sq.ft. ) and a total floor
area, excluding garage and basement, of twelve
hundred square feet ( 1,200 sq.ft. ) ; 9.
To construct all septic or absorption pits or other
approved means of sewerage disposal for the purpose of receiving sewerage and
sluiced water in strict accordance with local by-laws and regulations, and to maintain such septic or absorption
pits in good order and condition and not to permit any sewerage or sluicing
water to flow from the IMMOVABLE or any part thereof to any road, street, or
adjacent property ; 10. To maintain in its natural
and forested state at least fifty per
cent ( 50% ) of the total area of the IMMOVABLE including a fifteen ( 15 ) meter strip of land
along the road except for the location of a driveway, , a ten ( 10 ) meter strip of land along
the lateral limits of the Immovable
and a fifteen ( 15 ) meter strip of land along the rear
limit of the immovable 11. Not to use or permit to be
used any building or structure of a temporary nature on the IMMOVABLE, at any
time ; 12. Not to conduct or maintain
upon the IMMOVABLE any husbandry, of
either animals or fowl, with the exception of house pets ; |
13. Not to use the IMMOVABLE or
any structure erected thereon for the purpose of exhibiting advertisement or
notices without the prior written consent of the Vendor ; 14. Not to deposit any garbage
on the IMMOVABLE, or on any street or public street, except in suitable
hygienic containers for collection ; 15. Not to restrict or interfere,
in any manner whatsoever, with the discharge of storm water from any road
drain or natural water course, and not to aggravate the actual flow from his
property. The Vendor shall not be liable to the BUYER, his successors and
assigns or occupier, for any damage occasioned by any storm waters flowing
from any road or other property, on the IMMOVABLE; 16. Not to erect or maintain
any fence or hedge on the IMMOVABLE which shall unreasonably restrict or
block the view from an adjoining property or which shall impair the
continuity of the general plan of the area ; 17. Not to permit any hunting,
trapping or discharge of firearms on the IMMOVABLE ; 18. Not to conduct on the
IMMOVABLE any noisiness, offensive or vexatious activity or any other activity
that may cause a nuisance and more specifically not to use or allow the use
of motorized recreational vehicles such as A.T.V. and snowmobiles ; 19. Not to establish or grant
any rights of way over the IMMOVABLE, save and except rights of way required for
the installation of public utility purposes for the strict benefit of the
lots being part of the residential project known as Terrasses
des Ruisseaux, 20. Not to sell or otherwise
dispose of the IMMOVABLE except by a Deed, a registered copy whereof shall be
furnished to the Vendor, in
which the BUYER agrees to be bound by all the covenants and restrictions
contained herein, and which shall incorporate such covenants and
restrictions, including the present obligation. establishment of servitude The conditions,
restrictions and reserves hereinabove set forth in clauses 4 to 20 inclusive
of the heading "covenants and
restrictions", are hereby constituted by the parties hereto as
perpetual servitudes upon the IMMOVABLE herein sold in favor of the property
of the Vendor, known and
designated an unsubdivided part of lot 24A, range
4, Abercrombie. Said conditions, restrictions and reserves being imposed in
furtherance of and as a part of a general scheme for the development of the
area as a residential district and community. power of attorney The BUYER
irrevocably appoints the Vendor
as his Attorney for the purposes of granting servitudes of rights of passage
for public utility purposes over, upon and under a part or parts of the
IMMOVABLE provided the servient land is within
EIGTH ( 8 ) meters from the road servicing
the IMMOVABLE. |