EXHIBIT D

_______________________ SUBDIVISION

Newbury, N.H.

This covenant relates to property in Newbury, Merrimack County, New Hampshire, and is made on this ______ day of _____________, 20__, by _(Subdivider Name)___________________________________, (Address)_____________________________________________________.

RECITALS

1. The subdivider has proposed to subdivide land located______________________________________________________________________ Newbury, Merrimack County, New Hampshire.

The proposed subdivision is shown on a plan entitled, ___________________________________________, dated __________________, 20__, prepared by _______________________

which plan is to be recorded in the Merrimack County Registry of Deeds.

2. The land for the subdivision was conveyed to the subdivider by deed of _________________________________________________, dated __________, 20__, and recorded at the Merrimack County Registry of Deeds in Book ___ , Page ___.

3. The subdivider will be constructing and installing improvements for the subdivision, and, in accord with Section 6.4 of the Newbury Land Subdivision Control Regulations, the Newbury Planning Board has required the subdivider to do one of the following in order for the Planning board to sign the plat: (1) complete the improvements, (2) post security for completion of the improvements, or (3) record a Covenant Restricting Lot Sales with the Merrimack County Registry of Deeds.

4. This restrictive covenant is filed pursuant to Section 6.4.3 of the Newbury Land Subdivision Control Regulations last amended on _____________, 20__.

PROVISIONS

1. The Planning Board shall approve the plan and record the plan as an approved subdivision, subject to this covenant.

2. The subdivider will not sell interior lots in the subdivision until this covenant is released as provided below. This release may be done in phases. The interior lots that will not be sold until this covenant is released are: ______________________________________________.

3. The following lots are not subject to this covenant, and the subdivider may sell these lots prior to this covenant being released: ____________________________________________.

4. In accord with Section 6.4.3 of the Newbury Land Subdivision Control Regulations, the Planning Board shall release this covenant by approving and recording an instrument that indicates that either:

a. Security in the form and amount acceptable to the Planning Board for the then required subdivision improvements has been furnished to and accepted by the Planning Board; or

b. The required subdivision improvements have been constructed and a Temporary Certificate of Performance required by Section 5.4 of the Newbury Land Subdivision Control Regulations has been approved by the Planning Board.

5. The subdivider's breach of this covenant may result in the Selectmen's refusal of a building permit for construction.

6. As indicated in Section 6.4.3(3) of the Newbury Land Subdivision Control Regulations, nothing in this covenant shall obligate the Planning Board to approve either the certificate of performance of improvements or the proposed security.If at the time the certificate is requested or the security is proposed and the Planning Board determines that circumstances in the Town of Newbury have so substantially changed so that the continued sale of lots in the subdivision results in the need for either off-site improvements, impact fees, restrictions on the issuance of building, sewer or water permits, or other material or substantial changes have occurred in the Town of Newbury since the subdivision was approved, the Planning Board shall consider the request for the certificate or approval of security as a new subdivision application.

7. Once approved, this subdivision is subject to and benefitted by Section 6.7 FOUR YEAR EXEMPTION of the Newbury Land Subdivision Control Regulations.

                        By: (Subdivider Signature)______________                          

STATE OF NEW HAMPSHIRE

COUNTY OF MERRIMACK

     Personally appeared before me this ____ day of ______________, 20__, ____________________________, duly authorized owner of ___________________________, a New Hampshire Corporation, on its behalf.

                                 ________________________________

                                 Notary Public

                                 My Commission expires __________
 

        The Newbury Planning Board has read and approved this covenant.

                          THE TOWN OF Newbury PLANNING BOARD

                          By:__________________________

                             Chair