FORM B2 Page of Pages WESTERN AUSTRALIA Date: TRANSFER OF LAND ACT 1893

BLANK INSTRUMENT FORM

Restrictive Covenants

(Note 1)

This deed of restrictive covenant is made the day of 2019

between:

Beeliar Management Pty Ltd ACN 619 617 220

of 234 Railway Parade, West Leederville WA 6007 (Owner)

RECITALS

A. The Owner is the registered proprietor of the Land subject to the Encumbrances.

B. The Owner intents to subdivide the Land into the lots shown on the Deposited Plan.

C. In accordance with section 136D of the Transfer of Land Act, the Owner requires each of the Burdened Lots to be encumbered with the Restrictive Covenants so that the Restrictive Covenants will be noted on the Deposited Plan and on each Certificate of Title that issues for the Burdened Lots.

OPERATIVE PART

1. Definitions and Interpretation

1.1 In this Deed, the following terms have the following meanings:

(1) Acts means all acts and statutes (State or Federal) for the time being enacted or modifying any acts and/or

regulations, by-laws, requisitions or orders made under any act from time to time by any statutory, public or other competent authority;

(2) Benefitted Lots means that part of the Land described in Item 3 of the Schedule;

(3) Burdened Lots means that part of the Land described in Item 2 of the Schedule;

(4) Deed means this Deed of Restrictive Covenant;

(5) Deposited Plan means Deposited Plan 415108;

(6) Encumbrances means the encumbrances (if any) described in Item 4 of the Schedule;

(7) House means a single residential dwelling;

(8) Land means the land described in Item 1 of the Schedule;

(9) Primary Street means unless otherwise designated by the local government, the sole or principal public

road that provides access to the major entry (front door) of the House;

(10) Residential Design Codes means the State Planning Policy 3.1 prepared under section 26 of the Planning and Development Act 2005 (WA) by the Western Australian Planning Commission;

(11) Restrictive Covenants means the restrictive covenants set out in clause 3;

(12) Secondary Street, in relation to a corner lot, means the street that is not the Primary Street; and

(13) Transfer of Land Act means the Transfer of Land Act 1893 (WA).

2. Certificates of Title

2.1 The Owner, pursuant to section 136D of the Transfer of Land Act, creates the Restrictive Covenants in respect of the Burdened Lots and the Restrictive Covenants will be registered against the Certificates of Title to each lot comprising the Burdened Lots.

3. Restrictive Covenants

3.1 The Owner (which expression includes the transferees, assigns and successors of the Owner) covenants that the Owner will not:

a) use nor permit the Burdened Lot to be used other than for the construction and occupation of a permanent non-transportable House;

b) construct or permit to be constructed on the Burdened Lot any House unless:

I. the House does not repeat the Primary Street elevation of the House on an adjoining lot; II. the House has a minimum of two (2) and a maximum of three (3) different colour elements on the

Primary Street elevation, excluding door frame, window frame, entry door and garage door; III. the House incorporates texture and relief in the finish of the Primary Street elevation through the

incorporation of a variety of materials, finishes and colours; IV. there is a clear definition of the main entry to the House, including one or more of the following:

expressed roof element, front door style and colour, changes in paving finish and height or increased portico height;

V the eaves are not less than 30 brick courses above floor level to the Primary Street elevation; VI. the garage door is of a colour which is matching or complementary to the colours in the Primary

Street elevation; VII. the House, garage or boundary walls incorporate a screen enclosure to screen the council waste

bins from public view; VIII. a driveway and the crossover between the road and the parking area on the Burdened Lot are

constructed and completed prior to occupation of the House; IX. the driveway and crossover are constructed of paved materials using paving, exposed aggregate

or coloured concrete; X. a 90mm duct is installed under the driveway for future irrigation or other service installation; and XI. the downpipes are concealed by painting the downpipes to match the wall colour of the House;

c) permit garden areas on the Burdened Lot and within public view to remain unlandscaped after six months of occupation of any House on the Burdened Lot, including adjoining road verges;

d) carry out or permit to be carried out on the Burdened Lot any repairs, restorations or wrecking of any motor

vehicle, boat, trailer or any other vehicle unless screened from public view at all times;

e) commence, carry out, erect, construct or alter any development on the Burdened Lot without plans and specifications (including schedule of finishes) being first submitted to and approved by either the Owner originally named in this Deed or by its associate, M/Land of 234 Railway Parade, West Leederville and compliance with any condition (consistent with the covenants) imposed by the by the Owner originally named in this Deed or by its associate, M/Land in giving the approval (the costs of which approval are payable by the Owner of the Burdened Lot);

f) construct or permit to be constructed a garage on the Burdened Lot:

I. with more than a double car width; or II. that has a garage door head that exceeds 28 brick courses above the floor level of the garage.

g) construct or permit to be constructed any outbuilding or shed which is over 8 square metres in floor area

that is visible from the street and is not built and finished with materials consistent with the House;

h) alter the level of the Land without the prior written consent of the Owner;

i) remove or modify any walls or fences that have been constructed on the Land without the prior written consent of the Owner;

j) construct or permit to be constructed: I. any side fence from the Primary Street front to the building setback unless such fence matches the

Primary Street fencing requirements of the R-Codes; II. any side boundary fence behind the building setback unless such fence is in the Colorbond colour

"Basalt"; and III. any side fence abutting any public reserve or road reserve unless such fence does not exceed 1.8

metres in height;

k) take or permit any action to be taken to remove, alter or mark any wall or fence constructed by the Owner originally named in this Deed (unless additional blocks are required to be added to a retaining wall, in which case engineering certification may be required) on or about any of the boundaries of the Burdened Lot, not to permit such wall or fence to become damaged, unsafe or fall into a state of disrepair, not to permit any roots or any tree, plant or building or other thing on the Burdened Lot to cause such wall or fence to become structurally unsound and not to repair or renew such wall or fence except in the same style and colour as the existing wall and fence;

l) in relation to any Burdened Lots that are located on a corner, not construct or permit to be constructed on the Burdened Lot a House unless the Primary Street elevation and return treatment or facade extends and continues down the Secondary Street for not less than 30% of the overall length of the Secondary Street elevation;

m) in relation to any Burdened Lots that are located with a frontage to a public reserve, not construct or permit to be constructed on the Burdened Lot, a House unless the House incorporates a covered outdoor area that is serviced off a living room which is oriented towards the public reserve;

n) not permit any letterbox to be constructed unless it is installed: I. on the Primary Street frontage; II. it is clearly numbered and complements the House; and

III. there is a grassed or paved pathway between the boundary of the Burdened Lot (adjacent to the

letterbox) and the verge across the entire front of the Burdened Lot to facilitate access to the letterbox by postal delivery services;

o) permit gas or electricity meter boxes to be erected or installed on the Primary Street elevation;

p) permit any air conditioning plant to be erected on the House unless;

I. it is concealed from public view where it is possible to do so having regard to the location of the House;

II. it is the same colour as the wall or roof to which the air conditioning plant is adjoined.

q) permit any security screens to be installed in or on the House unless the security screen is made from a woven stainless steel mesh, such as Amplimesh, SUPASCREEN or Crimsafe; aluminium security screens or security roller shutters may not be installed on the Primary Street elevation or where they can be seen by the public at large;

r) permit any TV aerial or satellite dish to be erected on the House which can been seen by the public or which location has not been approved by the Owner prior to installation; and

s) permit any real estate agents' 'for sale' signs to be erected on the Burdened Lot until construction of the House on the Burdened Lot is at lock-up stage or later.

4. Severance

4.1 Each Restrictive Covenant is a separate and distinct Restrictive Covenant. If any Restrictive Covenant or its application to any person or circumstance is or becomes invalid or unenforceable then the remaining Restrictive Covenants will not be affected and each remaining Restrictive Covenant will be valid and enforceable to the fullest extent permitted by law.

5. Benefit and Burden

5.1 The burden of the Restrictive Covenants in clause 3 is appurtenant to and will run with the Burdened Lots for the benefit of the Benefitted Lots to the intent that the Restrictive Covenants will bind the Owner and the registered proprietor from time to time of the Burdened Lots and will be for the benefit of the Owner and any other registered proprietor of the Benefitted Lots but not so as to render the Owner personally liable in respect of any Burdened Lot after the Owner has parted with all interest in that Burdened Lot.

6. Expiry of Restrictive Covenants

6.1 The Restrictive covenants shall expire and cease to have effect from and including the date that is 20 years from the date of this Deed.

7. Consents under s136E of the Transfer of Land Act

7.1 The Owner will obtain any consents required under section 136E of the Transfer of Land Act to the creation of this Deed and the creation of the Restrictive Covenants over the Burdened Lots pursuant to section 136D of the Transfer of Land Act.

Page of Pages

Executed as a Deed

Executed as a deed by Beeliar Management Pty Ltd

ACN 619 617 220 in accordance with s127 of the

Corporations Act 2001:

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Signature of director

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Signature of director/company secretary

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Name of director (print)

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Name of director/company secretary (print)

Page of Pages

SCHEDULE

1. Land

Lot 81 on Deposited Plan 413024, being the whole of the land contained in Certificate of Title Volume 2939 Folio 351.

2. Burdened Lots

Lots 63 to 75 (inclusive), 82 to 88 (inclusive) and 133 to 149 (inclusive) on Deposited Plan 415108.

3. Benefitted Lots

Lots 63 to 75 (inclusive), 82 to 88 (inclusive) and 133 to 149 (inclusive) on Deposited Plan 415108.

4. Encumbrances

N781395 - Easement to Electricity Networks Corporation for transmission works purposes

N796000 - Mortgage

INSTRUCTIONS

1. This form may be used only when a “Box Type” form is not

provided or is unsuitable. It may be completed in narrative style.

2. If insufficient space hereon Additional Sheet Form

B1 should be used. 3. Additional Sheets shall be numbered consecutively and bound

to this document by staples along the left margin prior to execution by the parties.

4. No alteration should be made by erasure. The words rejected

should be scored through and those substituted typed or written above them, the alteration being initialled by the persons signing this document and their witnesses.

NOTES

1. Insert document type. 2. A separate attestation is required for every person signing this

document. Each signature should be separately witnessed by an Adult Person. The full name, address and occupation of the witness must be stated. Execution by a corporation or body corporate must be in accordance with the Corporation Act 2001.

OFFICE USE ONLY

____________________________ (INSERT NAME OF DOCUMENT)

LODGED BY DLA PIPER AUSTRALIA ADDRESS Level 31, Central Park 152-158 St Georges Terrace PERTH WA 6000 PHONE No. (08) 6467 6000 FAX No. (08) 6467 6001 REFERENCE No. 391118/3 ISSUING BOX No. 888v

PREPARED BY DLA PIPER AUSTRALIA ADDRESS Level 31, Central Park 152-158 St Georges Terrace PERTH WA 6000 PHONE No. (08) 6467 6000 FAX No. (08) 6467 6001 REFERENCE No. 391118/3

INSTRUCT IF ANY DOCUMENTS ARE TO ISSUE TO OTHER THAN LODGING PARTY

TITLES, LEASES, DECLARATIONS ETC LODGED HEREWITH

1.________________________________

Received Items 2.________________________________ No.s 3.________________________________ 4.________________________________ 5.________________________________

Receiving 6.________________________________ Clerk

Registered pursuant to the provisions of the TRANSFER OF LAND ACT 1893 as amended on the day and time shown above and particulars entered in the Register.