PROVISIONS OF STANDARD DEED

FROM LEISURE LIVING COMMUNITIES, INC.

 

                 Together with the right to use, for bathing, picnicking, and other recreational purposes, such beach or beaches as the grantor, its successors and assigns may from time to time make available to the grantee, his, her, their, or its heirs, executors, administrators, and assigns and to other owners of land on Frye's Island; and together also with the right to use for launching and docking boats such docks and other facilities as the grantor, its successors and assigns may from time to time make available to the grantee, his, her, their, or its heirs, executors, administrators, and assigns and to other owners of land of Frye's Island. Said rights are granted subject to such reasonable restrictions as may be imposed from time to time by the grantor, its successors and assigns; and in the event of the violation by the grantee, his, her, their, or its heirs, executors, administrators, or assigns, of any such restrictions the grantor, its successors and assigns shall have the power to terminate any or all of the rights granted by the provisions of this paragraph, by written notice mailed to the grantee, his, her, their, or its heirs, executors, administrators, or assigns, and any further exercise of any rights so terminated shall constitute a trespass according to the laws of the State of Maine. Failure of the grantors, its successors or assigns, to exercise said power of termination after violation of any such restrictions by the grantee, his, her, their or its heirs, executors, administrators, or assigns, shall not constitute a waiver of its power to do so, and shall not stop it from so doing, in the event of future violation or violations.
 

                Together also with the right to pass and repass, by motor vehicle and otherwise, in common with others, over (1) such roads as the grantor, its successors and assigns, may from time to time construct on Frye's Island and (2) a certain right of way on Raymond Cape, so-called, on the mainland near Frye's Island, in the Town of Raymond, Maine, as now laid out and constructed by G. Edwin Bridges and Ralph M. Willis, extending southerly from the Raymond town road on Raymond Cape to Rubbs's Cove, so-called, at the southerly end of Raymond Cove, at the shore of Sebago Lake; reserving to the grantor, its successors and assigns, however, the right to change the locus of said roads and right of .way; and to terminate such portions of said roads and rights of way as the grantor, its successors and assigns may deem necessary or convenient, so long as the changes and terminations shall not deny the grantee, his, her, their, or its heirs, executors, administrators, or assigns the right to pass over constructed roads or rights of way providing access to a public way on Raymond Cape.
 

                Together also with the right to hook onto the central water supply system being installed by the grantor at Sebago Lake Shores and to use the water without charge, subject to such reasonable restrictions as may be imposed from time to time by the grantor, its successors or, assigns.
 

                Together with the right in common with others, to the use and enjoyment of such buildings, swimming pools, tennis courts, playgrounds, ball fields, and other recreational facilities as the grantor, its successors and assigns, may from time to time construct as a recreational complex in the area of Frye's Island known as Highpoint Country Club and to be shown on plan thereof being prepared by Edward C. Jordan Co., Inc., 379 Congress Street, Portland, Maine, to be recorded with Cumberland County Registry of Deeds; subject to such reasonable rules, regulations, and restrictions as the grantor, its successors, and assigns, may from time to time impose. Once completed, each such facility will be devoted exclusively to such use and enjoyment. This grant of use and enjoyment is made subject also to the provision that on or before January 1, 1988, the grantor, its successors or assigns, will transfer and convey all land, buildings, and other facilities comprising the Highpoint Country Club, free and clear of all liens and other encumbrances, to a corporation, association, or other organization representing a majority of the lot owners on Frye's Island entitled to such use and enjoyment; and thereafter such use and enjoyment shall be subject to such reasonable rules, regulations, and restrictions as such corporation, association, or other organization may from time to .time impose. In the event of damage or destruction of any or all of such facilities, from any cause, prior to their being so transferred and conveyed, the sole obligation of the grantor, its successors and assigns, shall be to utilize any insurance proceeds first to the payment of any mortgage indebtedness covering the damaged or destroyed facilities, and secondly toward the rebuilding of the damaged or destroyed facilities.
 

                In consideration of the grantor granting such right of use and enjoyment of the Highpoint Country Club facilities, the grantee or grantees, as the case may be, hereby conversant and agree to pay to the grantor, its successors and assigns, annual membership dues in the sum of $180.00 each year hereafter, payable on or before July 1st of each year unless otherwise agreed to in writing by the grantor its successors and assigns, until the land, buildings, and other facilities shall be transferred and conveyed, on or before January 1, 1988, to such corporation, association or other organization representing a majority of the lot owners at Sebago Lake Shores, on Frye's Island, entitled to the use and enjoyment of the Highpoint Country Club facilities, as provided above. The grantor, its successors and assigns, shall have the right to increase the amount of such annual dues above $180.00 on the following basis: Should the Consumer Price Index issued monthly by the United States Department of Labor, as shown by its All Items Index (or any successor index) increase in increments of ten percent (10%) over its. All Items Index for the month of July, 1967, the amount of the annual membership dues may be increased in increments of 10% ($18.00) over the original annual dues of $180.00.
 

                The obligation to pay such annual membership dues shall be a covenant running with each lot conveyed. hereunder, and shall be binding upon each successive owner of each said lot, so that upon any conveyance of any said lot each successive owner thereof shall, from time of acquiring title, be held to have covenanted and agreed to pay said annual membership dues. Said obligation shall be collectible as a debt in any court of competent jurisdiction.
 

                The right of use and enjoyment conveyed hereunder shall run with the land also, so that such right can be acquired and exercised only through ownership of the land, unless otherwise agreed in writing by the grantor, its successors or assigns. In the event of any violation by the grantee or grantees herein, his, her, their, or its heirs, executors, administrators, successors, or assigns, of any reasonable rule, regulation, or restriction imposed from time to time by the grantor, its successors and assigns, concerning the use and enjoyment of the Highpoint Country Club facilities, or any failure to pay such annual membership dues as provided above, or the annual charge as provided in paragraph numbered 10 set forth below, the grantor, its successors and assigns, shall have the right to deny to the grantee or grantees herein, his, her, their, or its heirs, executors; administrators, successors, or assigns, the use and enjoyment of the Highpoint Country Club facilities and to deny to them the use and enjoyment of all such other privileges, facilities, improvements, services (including the ferry service) and benefits as may be provided from time to time by the grantor, its successors and assigns, pursuant to the provisions of said .paragraph numbered 10. Denial of the use and enjoyment of any or all such facilities., privileges, improvements, services, and benefits under such circumstances shall not impair the obligation of the grantee or grantees herein, his, her, their, or its heirs, executors, administrators, successors, and assigns to pay the annual membership dues and the annual charge as provided herein. Said land is conveyed subject to real estate taxes assessed or to be assessed thereon by the Town of Standish for the current year, to apportioned as per separate agreement between the parties hereto; subject to all flowage rights, all rights of way and easements, all zoning and other governmental laws and regulations, and all other provisions of record.

Said land is also conveyed subject to the following provisions:

 

                1. The land conveyed hereby shall be used only for single-family residential purposes. No trailers or mobile homes shall be placed or maintained on said land; and no tents shall be placed or maintained thereon, except that tenting by children only shall be permitted after a dwelling has been constructed on the land in compliance with the provisions of this deed. No trade, business, or commercial activity of any nature shall be conducted on said land.

 

                2. No "For Rent", "For Sale", or other signs or notices except signs identifying the parcel and/or the owner thereof shall be placed, erected or maintained on the land conveyed herein without prior written consent of the grantor, its successors, and assigns; and upon any violation of this provision the grantor, its successors and assigns, shall have the right to enter upon the land and to remove such sign or notice.

 

                3. No building, wall, sewerage system, well, or other structure or installation, or anything used for habitation, shall be erected, placed, constructed, altered, or maintained on the land conveyed herein until and unless its plans, specifications, and location on the land have been filed with and approved in writing by the grantor, its successors or assigns. The grantor, its successors and assigns, shall have the right to refuse to approve any such plans, specifications, and locations which are not suitable or desirable in the exclusive opinion of the grantor, its successors or assigns. No building shall be located nearer than 50 feet to the shoreline of Sebago Lake as shown on the plan referred to above, nearer than 20 feet to any roads shown on said plan, or nearer than 6 feet to any other land adjoining the land conveyed herein, without prior written permission of the grantor, its successors and assigns.

 

                4. No livestock, animals, or poultry shall be kept or maintained or allowed on the land conveyed herein other than household pets.

 

                5. All buildings, structures., installations, and other improvements to be erected, placed, constructed, altered, or maintained on the land conveyed herein must comply with all municipal and other governmental laws; ordinances, by-laws,  rules, and regulations duly and validly affecting said land; and if any provision herein differs there from such variance shall not be construed as a waiver by the grantor of the necessity of compliance with the terms hereof.

 

                6. No noxious, dangerous, offensive, or unduly noisy activity of any nature, nor any activity that may be or become an annoyance or nuisance to owners of other land, shall be permitted on any part of the land conveyed herein.

 

                7. The grantor reserves to itself, its successors and assigns, the right to install, maintain, repair, and replace, under, over, and upon the land conveyed herein and any ways on which said land abuts or shall abut, such electric light, power, telephone, and telegraph poles and wires; water, sewer, gas and drainage pipes, mains, and conduits; catch basins, surface drains, and culverts; and such other facilities, installations, appurtenances, and things as the grantor, its successors and assigns, may deem necessary or convenient in connection with the provision of adequate drainage, sewerage disposal, water, gas, electricity, telephone and telegraph communications, and other utilities to any portion of Frye's Island; and the grantor further reserves to itself, its successors and assigns, the right to grant to telephone, telegraph, power, water, and other public and private utility companies and corporations, to municipalities, and to such other persons and corporations as the grantor, its successors and assigns, may determine, said right of installation, maintenance, repair, and replacement as above-described.

 

                8. The provisions of paragraphs 1 through 7 above shall run with and bind the land conveyed herein for a period of ninety-nine (99) years from the date of conveyance, and the grantor, its successors and assigns, shall have the right at any time or times during said period to proceed at law or in equity against any person violating or attempting to violate any provisions contained herein, to prevent and abate such violations, to compel compliance with the terms hereof, to enter upon the land conveyed herein and remove any buildings, structures, installations, improvements, or things constructed, erected, installed, or maintained in violation of the terms hereof, at the owner's expense, and to recover damages or other dues for any violation. Failure to enforce any provisions herein contained in any particular instance shall not be deemed a waiver of the right to do so as to any continuing, subsequent, or other violation. The grantor reserves to itself, its successors and assigns, the unqualified right in its absolute discretion to permit uses of other land of Frye's Island that are prohibited on the land conveyed hereby; and such uses of other land shall not affect the right of the grantor, its successors and assigns, to enforce the restrictive provisions of this deed as set forth above in this paragraph.

 

                9.The grantee or grantees herein, as the case may be, covenants for himself, herself, themselves or itself and his, her, their, or its heirs, executors, administrators, successors, and assigns, that no part of the land conveyed herein shall be conveyed prior to twenty (20) years after the death of the grantee named herein, or prior to twenty (20) years after the death of the last surviving of the grantees named herein if there are two or more grantees named herein, without first notifying the grantor, its successors or assigns, in writing, of his, her, their, or its intention to convey the land, the names and addresses of the person or parties to whom conveyance is intended, and the price and other terms of conveyance, and offering, in writing, to convey said land to the grantor, its successors or assigns, at the same price and upon the same terms, said offer to be for a period of thirty (30). days. If the grantor, its successors or assigns, shall refuse to accept such offer within said period of thirty (30) days, the grantee or grantees, his, her, their, or its heirs, executors, administrators, successors, and assigns shall be free to convey said land to said intended persons or parties, at the price and upon the terms set forth in the above-mentioned notice, for a period of sixty (60) days immediately following the expiration of the thirty (30) day period during which the land was offered to the grantor, its successors or assigns. The grantee or grantees, his, her, their, its heirs, executors, administrators, successors, and assigns, shall not convey said land, or any part thereof, subsequent to said sixty (60) day period without again first notifying the grantor, its successors or assigns, in writing, of his, her, their, or its intention so to do; in the manner set forth above, and offering again, in writing, for a period of thirty (30) days, to convey said land to the grantor, its successors or assigns, at the same price and on the same terms at which it is intended to be conveyed. The obligations of the grantee or grantees, his, her, their, or its heirs, executors, administrators, successors, and assigns, set forth in this paragraph are intended as a covenant on their part which shall run with the land for a period of twenty (20) years after the death of the grantee named herein, or for a period of twenty (20) years after the death of the last surviving of the grantees named herein if there are two or more grantees named herein. The grantee or grantees further covenant for himself, herself, or themselves, and for his, her, their, or its heirs, executors, administrators, successors, and assigns, that in the event of any breach by any of them of any provisions of this paragraph the grantor, its successors, or assigns, may, at its or their option, compel conveyance to the grantor, its successors or assigns, of the land involved, at the same price and other terms at which the grantee or grantees, his, her their, or its heirs, executors, administrators, successors, or assigns attempted to convey the land to any other party, person, corporation, partnership, or other entity.

 

                10. Each lot included in this conveyance shall be subject to an annual charge of ninety-six dollars ($96.00), and the grantee or grantees, his, her, their, or its heirs, executors, administrators, successors, and assigns, hereby agree:

 

                A. To pay annually to the grantor, its successors and assigns, the sum of $96.00 for each lot hereby conveyed, on or before the 1st day of May of each year. hereafter, for the right to enjoy such of the following privileges, facilities, improvements, services, and benefits as the grantor, its successors and assigns, may from time to time provide for use and benefit of owners of land on Frye's Island who pay said annual charge:

 

                (1) Recreational privileges and facilities;

                (2) Operation of a ferry service between Frye's Island and the mainland;

(3) Payment of taxes and assessments levied by any public authority on any land or other property held for the benefit of or used by such owners;

(4) Purchase, construction, improvement, and maintenance of roads, causeways, bridges, docks, beaches, buildings, and other facilities and things;

(5) Use of land of the grantor for motor, vehicle parking and boat launching and docking;

(6) Miscellaneous services such as police services, utilities, and water.

 

                B. That the use of such privileges, facilities, improvements, services and benefits shall be subject to approval of the user for membership in Sebago Lake Shores Landowners' Association and compliance with the rules and regulations from time to time promulgated by the grantor, its successors and assigns, with respect to such use, and that the grantor, its successors and assigns, shall have the right to deny to the grantee or grantees, his, her, their, or its heirs, executors, administrators, successors, and assigns, the use and enjoyment of said privileges, facilities, improvements, services and benefits for violation of such rules and regulations, without impairing the obligation to pay the charge as herein set forth.

 

                C. That said charge shall constitute a debt which may be collected by suit or action in any court of competent jurisdiction, and that said charge shall constitute a lien or encumbrance on the land conveyed herein, until paid.

 

                D. That acceptance of this deed shall be construed to be a covenant on the part of the grantee or grantees, his, her, their or its heirs, executors, administrators, successors, and assigns, to pay said charge as provided herein, and that upon conveyance of any of the land herein described each successive owner thereof shall from the time of acquiring title be held to have convenanted and agreed to pay the grantor, its successors and assigns this charge.

 

                E. That this charge shall run with and bind the land here in conveyed, and shall be binding upon the grantee or grantees, his, her, their, or its heirs, executors, administrators,. successors and assigns, until May 1, 1985, unless earlier terminated by written release of the grantor, its  successors and assigns.

 

                F. The lien hereby reserved and described shall, however, be at all times subordinate to the lien of any bonafide mortgage of any of the land herein conveyed, to the end and intent that the lien of any such mortgage shall be paramount to the lien for the charge herein imposed, and provided further, that such subordination shall apply only to the charges that shall become payable prior to the passing of title under foreclosure of such mortgage or acquisition of title by deed in lieu of foreclosure; and nothing herein contained shall be held to affect the rights herein given to enforce the collection of such charges accruing after foreclosure of such mortgage by sale or otherwise, or after conveyance in lieu of foreclosure.