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1340185 Page 1 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 Page: 98 NOTICE OF CONCENTIALITY RIGHTS: IF YOU ARE A NATURALficial Copy Unofficial Copy Unofficial Copy Unoff PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.

Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy CORRECTION DECLARATION OF AMITY CONDO BUILDING, A CONDOMINIUM Unofficial Copy Unofficial Copy Unofficial Cy Unofficial Copy Unofficial Copy Prepared By: 100 N. Parker Avenue, Suite 114 Bryan, Texas 77800Y 100 N. Parker Bryan, 302 803 Suite 112 Street, Bryan, Texas 77803 W. 26th Street, UnofficiaBryan, Texas 77803 J. Fred Bayliss, P.C.

Bryan, Texas 3000 Briarcrest Dricticial Copy (979) 693-836 g Ste. 302 [email protected] al Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff al Copy al Copy Unofficial Copy Unof Page 1 of 1340185 Page 2 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 Unofficial Copy RECITALS Unofficial Copy Unofficial . II.

2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 ARTICLE III.

3.1 3.2 3.3 3.4 ✓ Official Copy Un Definitions and Terms.

Table of Contents Unofficial Copy Unofficial Copy Condominium Unit Designations Recordation of Plat...

Designation of Units..

Limited Common Elements..

Regulation of Common Inseparable Units...

Descriptions...

Encroachments..

Taxes.....

Reservation of valed.

Descriptions..

Declarant Rights...

0 Unofficial Copy. Unofficial Copy Unofficial Copy Unofficial Copy Unof 556660 .6 .6 5 Rights and Obligations of Ownership Ownership.

No Partition Rights Ownership..

Descriptions..

Declarant Rights...

0 Unofficial Copy. Unofficial Copy Unofficial Copy Unofficial Copy Unof 556660 .6 .6 5 Rights and Obligations of Ownership Ownership.

No Partition Rights Ownership..

Use and Occupancy Restrictions 3.8 C's and Materialman's Liens.

3.5 3.6 3.7 Copy of Entry Maintenance....

Approval for Construction, Alteration, or Modification.

Liability for Negligent Acts.

Subject to Declaration and Bylaws Indemnity Management and Administration Authority to Manage; Association Duty to Maintain..

Board of Directors..

Certificate of Formation and Bylaws..

Administration and Enforcement of Declaration, Bylaws and Rules Membership and Insurance..

Accounting And Inspection of Records.

4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 ARTICLE V.

Maintenance Assessments.

5.1 5.2 5.3 Architectural Control Committee Security Policies 6 6 6 600 .6 .6 6 .7 .8 .8 8 5.4 5.5 5.6 5.7 Aments for Common Expenses.

Assessments...

Determination of Assessments Utilites Owner Obligations for Assessments and Mid-Year Special Assessments for Improvements..

Commencement of Assessments.

No Exemption.......

Lien for Assessments..

Subordination of the Lien to First Lien al Copy Copy Ung tgages..

al Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff 9 .9 .9-12 .12 12-13 14 .14-17 .17 .18 18 18 .18 .18 of Assessments..

.19 .19 .19 .19 .19 .20 Page 2 of al Copy Unofficial Copy Unoff 1340185 Page 3 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 5.11 ARTICLE Unotatement of Assessments...

Personal Liability for Assessments..

Unofficial Copy Unofficial Copy Destruction or Obsolescence of Improvements Destruction or Obsolescence..

Unofficial Copy Unofficial Copy 6.1 6.2 6.3 ARTICLE VII.

7.1 7.2 7.3 7.4 7.5

for Assessments..

Unofficial Copy Unofficial Copy Destruction or Obsolescence of Improvements Destruction or Obsolescence..

Unofficial Copy Unofficial Copy 6.1 6.2 6.3 ARTICLE VII.

7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 Judicial Partition.

Condemnation...

Protection of Mortgagees Mortgage Priorities..

Notice to Association.

Notice of Default y Examination of Books Reserve Fund.

Annual Audit Inof Notice of Meetings...

in Insurance..

Notice of Damages, Destruction, or Condemnation Management Certificate.......

.20 .20 222 .20 fficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unof ARTICLE VII. Miscellanous Provisions 8.1 8.2 8.3 8.4 8.8 Amendments to Declaration ☑mensions Uhange in Documents...

Notices......

Conflict between Declaration and Bylaws Invalidation of Parts Omissions Consent of Mortgagee...

Sale, Leasing or Other Alienation ✓ Official Copy UnRTICL Copy 9.1 9.2 9.3 9.4 9.5 9.6 9.7 ARTICLE X.

10.1 10.2 Sale of Lease..

Consent Financing of Purchase Py Resale or Sublease Waiver of Option.

Option..

Proof of Terminaticiassociation...

of Option..

Exceptions to Sotions Declarant's Right to Cure; Arbitration Owner Claims for Alleged Defects, Personal Injury, Survival, Wrongful Death or Damage to Goods-Binding Arbitration.....

Declara's Right to Cure Alleged Defects-Claims by the .21 .21 .21 .21 .21 .21 .22 .22 .23 .23 .23 .23 .23-25 .25 al Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial C Unofficial Copy Unofficial Copy Unoff 22222222 Page 3 of al Copy Unofficial Copy Unof 1.0 3.4 1340185 Page 4 of 64 Unofficial Copy Unofficial Copy Unofficial Copy BCDEFGH C.

D.

Certificate of Formation E.

Bylaws of Amity Condo F.

G.

H.

ff 22222222 Page 3 of al Copy Unofficial Copy Unof 1.0 3.4 1340185 Page 4 of 64 Unofficial Copy Unofficial Copy Unofficial Copy BCDEFGH C.

D.

Certificate of Formation E.

Bylaws of Amity Condo F.

G.

H.

Unofficial Copy Unofficial Copy Unofficial Copy al Copy Unofficial Copy Unofficial Copy MITY CONDO Restrictions Legal | Description of Property Map of the Property Subject to the Declaration Percentage of Responsibility of Cononon Expenses Management Certificate Bmity Condo Consent of Declarant's Mangagee Rules and Regulations Architectural Guidelines Building, Condominium Condominium Owners' Unofficial Copy Unofficial Copy Unofficial Copy al Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff Schedules 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 ual Copy Unofficial Copy officiciation.copy Unofficial Copy Unof Page 4 of al Copy Unofficial Copy Unof 1340185 Page 5 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 RY RY x ~ aN oe oe & DECLARATION OF & RS COVENANTS, CONDITIONS, AND RESTRICTIONS FOR RY AMITY CONDO BUILDI Re) A CONDOMINIUNG S eo cP <2 RY RECITALS > eRecinion The property initially subject to this Qe aration i is described in Exhibit A. The property ¢ sists of four (4) condominium units, and no mex@ and various common area improvements, all of which are built, or are to be built. The undersigne Declarant i is the owner of the property at the time’of ay recordation of this Declaration. The property «gXocally known as the “AMITY CONDO BUILDINGS . Ne The Declaration establishes a p age individual ownership in fee simple of each c CF nium

the time’of ay recordation of this Declaration. The property «gXocally known as the “AMITY CONDO BUILDINGS . Ne The Declaration establishes a p age individual ownership in fee simple of each c CF nium WO unit and an undivided interest in the on area and common facilities. Each owner sh@#have & exclusive ownership of, possenor ret in, and responsibility for the area or space €entained within Ss such owner’s condominium unit, ect to the covenants, conditions, and restriction ntained in the Declaration. S The Declaration and the property subject to it shall be governed by the Texas Uniform Condominium Act, Chapter 82, Texas Property Code ("TUCA"). The terms, covenants, conditions, easements, restrictions, usegNimitations, and obligations in this Declaration s be deemed to run with the land and shail be aks; upon any person acquiring or owning an intereghm the real property and improvements, their agg es, successors, heirs, executors “meee isses: and assigns.

WO & ARTICLE I. Definitions and Term Definittds of terms are contained in Schedule 1.0 neretoS> \ Q” ARTICLE Il. Condominium Unit Designati and Descriptions. Q 3 ou ~ es | RD cee x 2.1 Recordation of Plat. A rece copy of the Map is in Exhibit B. The large ee Rl Map is contained in the Association's reco er d is recorded in the Official Plat Records of oe zos County, Texas. The Map contains: * RY (a) Land Description. rae Map contains the legal description of the “Se the Se land described in Exhibit A. R & location, with reference to thgeeterior boundaries of said land, of the Buildings all other

}enens and & location, with reference to thgeeterior boundaries of said land, of the Buildings all other Ss the Units and Buildings tructed, by the Declarant, showing the exterior ndaries and number of the Units, and any other data necessary for the identification of 2.2 Designation of Units. The Project consists of four (4) separately designated Units that have been built. Each Unitggsdentifie by a number on the Map and as follows <2 Ur 1,800 N. Parker Ave, Suite 114 > njtO100 N. Parker Ave, Suite 112 > UA : 302 West 26" Street & it 4: 300 West 26" Street S s oy 7 29° Limited Common Elements. [INTENTIQNSELY DELETED] N \ ra ro Page 5 of SR x Q WV WV OP 1340185 Page 6 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 & ge > Ns oO oe S 2.5 inseparable Units. [INTENTIONALLY cane eo Sk es Descriptions. [INTENTIONALLY peng) . > & &< & s 2.7 Encroachments. [INTENTION DELETED s RS 2.8 Taxes. [INTETIONALLY Ra TED] co 7 ~ xs 2.9 Reservation of S | Declarant Rights. [INTETNIONALLY DELE & < S ) Ss ARTICLE lil. Rights and Obligations of Ownership.

3.1 Ownership. A Unit will be a fee simple estate and may be held and owned by any person, firm, corporation, gee entity singularly, as joint tenants, as tenants adcommon. or in any real property tenancy relation recognized under the laws of the State of Texag‘each Owner shall have an unrestricted right of i ing and egress to the Owner's Unit, subject to oe able routes of such vehicular and pedesi@t access. 3 RG

cognized under the laws of the State of Texag‘each Owner shall have an unrestricted right of i ing and egress to the Owner's Unit, subject to oe able routes of such vehicular and pedesi@t access. 3 RG 3.2 gPPartition [INTETNIONALLY DELETED] se Rights of Ownership. Each Owner (includi guns Units owned by Declarant) shall be ote exclusive ownership and possession of the Rs ned by such Owner.

O.4 Use and Occupancy Restrictions. S Ret to restrictions in Schedule 3.4: p > SS part of the Project may be used for residentia\)drposes as defined in TUCA without the approvalpt \ the Association. RY RY x R & WV (b)} Common Elemeéts. [INTENTIONALLY DELETED] RS ey & 3.5 Mechanic’s and ystoriaimany s Liens. [INTENTIONALLY DELETS S 3.6 Right of Entry. ~ addition to the rights of access granted in §82. ws and §82.107 (d) of TUCA, an easement is hereby created over, through and across the Regime in favor of the Association for the purpose of providing access to each Unit and to abate any nuisance or any dangerous or unauthorized activity or condition being conducted or maintained within the Regime, to remedy any prohibited or unlawful activity hich affects the welfare or health of other Owng to enforce the provisions of this Declaratoe the Bylaws or the Rules and Regulations. D ant and the Association reserve the right, withops the necessity or the joinder of any Owner or ot! Cecan to grant, dedicate, reserve or otherwise @eate, at any time or from time to time, easem es or utility purposes (including without limitation, _ water, electricity, telephone, data transmissiofFIVAC) in favor of any Owner or her pe : other person vs s

any time or from time to time, easem es or utility purposes (including without limitation, _ water, electricity, telephone, data transmissiofFIVAC) in favor of any Owner or her pe : other person vs s improve s. All fixtures and equipment, including, with itation, the heating and air conditioning re) aysle yen water heater, installed for the Unit, shall be ae ntained and kept in repair by the Owner VY ra eo Page 6 ae o (e) ‘\ RY A SR x Q WV WV oO 1340185 Page 7 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 \ se & RS RS WV © thereof. Without li Sion on the generality of the foregoing, an OwnesShall maintain and keep in good repair (and rep _ if so required) the security system, the air congfoning compressor, fans, ductwork, heating unit agd cooling coils, utilized in and for its Unit, as wallgs other fixtures appurtenant to such Unit.

AsOwner shall be obligated to repair and replace aS tly any broken or cracked windows, finiggenic color of the doors. Notwithstanding anythin the contrary contained in this Section, an Ownen> whgn exercising its right and responsibility of repair, Rirtenance replacement, or remodeling shall n rin any manner whatsoever, the exterior app nce of its Condominium Unit without obtaining prior approval of the Architectural Control Committee.

ge S \ CO All Buildings upon the Property shel all mes be kept and maintained in neat, cle ord

ol Committee.

ge S \ CO All Buildings upon the Property shel all mes be kept and maintained in neat, cle ord rw Building thereof consistent with the “Ke ards applicable to first-class office buildings witha’ he trade area (s) the Condominium is located. fs) } Ss ctenct nddere nS auras Notwithstanding anythinQMerein to the contrary, all exterior signs, inctudingut not limited to those attached to any Building, on the Property must be approved in advance in writing by the Board.

No rubbish or debris of any kind shall be placed or permitted to accumulate on or around the Property, each Unit or any ing on the Property and no obnoxious odors shall be permitted to arise therefrom so as to rende Property or any portion thereof unsanitary, un a , offensive or detrimental to the othersoviners or any other adjacent property or to its ocgOsants. Refuse, garbage and trash shall be kept at @Wtimes in covered containers and such containe all be kept within enclosed structures or appr tely screened from view. If rubbish or debris mulates on or around a Building or Unit in violati f this provision, it is the sole obligation of the Ugg upon which such rubbish or debris is locate to remove it immediately upon notice from the a er Owner.

oe ature by one Owner to perform, fulfill or obserany agreement herein to be performed, fulfilled § s RY se bserved by such Owner (the Defaulting on! Gantinuing for thirty (30) days after written Rey noticeNPiereof to the Defaulting Party from another Ow the Nondefaulting Party) (but if the cure is of a.@ na such that it cannot reasonably be cured withinstsifty (30) days, then the Defaulting Party will not

ereof to the Defaulting Party from another Ow the Nondefaulting Party) (but if the cure is of a.@ na such that it cannot reasonably be cured withinstsifty (30) days, then the Defaulting Party will not LQ Kceed ninety (90) days after written notice theragfy, the Nondefaulting Party shall be entitled to (a e RY all necessary actions to cure the default; and (k) recover from the Defaulting Party the reasonable costs A.

and expenses incurred in curing the ion te interest thereon at the highest lawful rate fro date incurred plus a oversight fee equal to te cent (10%) of the costs and expenses incurred (turing such default, which sum shall be due Re ayable by the Defaulting Party to the Nondef. g Party expenses. If the Defaulting Party rae make payment within the ten (10)-day periogy en the Nondefaulting Party shall also beNsAtitled to recover from the Defaulting Party its Pp attorneys fees. All sums owed by the Defaulting Party shall be secured by a lien against the efaulting Partys Property. That lien shall, however, be subordinate and inferior to all deeds of trust or mortgages heretofore or hereafter placed against that Property for the purpose of financing or refinancing improvements thereon or to secure the purchase price thereof and to any and all leases of premises, easements or restrictions nein existence or hereafter created before the daigshe sums become due.

9° 3.8 Appr Vior Construction, Alteration, or Modificatio Gio Owner shall construct a condominium Unit without the prior written approval of the plans therefane y the Architectural Control

become due.

9° 3.8 Appr Vior Construction, Alteration, or Modificatio Gio Owner shall construct a condominium Unit without the prior written approval of the plans therefane y the Architectural Control Committee. No er shall construct, alter, modify, add to, or other&$ée perform any work whatsoever in a Unit, Limited eneral, without the prior written approval of th ns therefor by the Architectural Control Committee. Owners shall follow and comply with the ArcWWectural Guidelines as adopted by the ArchitecturgSontrol Committee or Declarant. The initial Are aa! Guidelines are attached hereto as Exhibi to ou co it} Cy > N & nO wv ~O & es Page 7 he ~) Ce) & N BD BD s 1340185 Page 8 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 x es © ou > N Lo Lo | Any propaged construction, alteration, or modification shall bein harmony with the external & design and locaimn of the surrounding structures and topography gnd shall not be considered until ys submission tathe Architectural Control Committee of complete plans and specifications showing the nature, King ape, size, materials, color, location, and any information requested by the \ Architect&al Control Committee for all proposed work. Tha #tchitectural Control Committee shall have ou ait fon, or modification. Failure to so answer in writ Wwithin the stipulated time shall be deemed Pm >.)

a val of the proposed construction, alteration, or @ddification. & s at ~) During the Declarant Control Period, pederant or the Architectural Control Committee,

stipulated time shall be deemed Pm >.)

a val of the proposed construction, alteration, or @ddification. & s at ~) During the Declarant Control Period, pederant or the Architectural Control Committee, » Declarant’s election, shall have the sole right approve or reject any plans and specifications itted Ros by a Unit Owner for approval. Rey ou 7 . ~ e An Owner shall do no act nor, work that will impair the structural soundness Rtegrity of the (s) Units or Buildings, or impair any ea ent or appurtenance. 3 Ss a. < 3.9 Liability for Ne@lgent Acts. If the need for maintenance or repatdo any portion of the Project is caused through the willful or negligent act of an Owner, its tenants or invitees and is not covered or paid for by insurance either on such Owner's Unit, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Unit is subject, pursuant to Article 9° 3.10 Subje & Declaration and Bylaws. The Owner of eaok Unit (including unsold Units owned by Declarant) ae the Association shall comply strictly with the peWisions of this Declaration, the Bylaws of the ot and the decisions and resolutions of the AgSeciation adopted pursuant thereto, ¢ as the same m lawfully amended from time to time. Failure tagemply with any of the same shall be ce) grounds for an‘sttion to recover damages or for injunctive relief, sDboth, maintainable by the Association s on behalf of.dye Owners or, in proper cause, by an aggrieved Qwner against another Owner or against RY the Asso igtton, including the right to judicially contest the getters of the Board or the Association.

O11 INDEMNITY. Unit Owners and the Ass

ainst RY the Asso igtton, including the right to judicially contest the getters of the Board or the Association.

O11 INDEMNITY. Unit Owners and the Ass pagfor is threatened to be made a party to any thre ed, pending or completed action, suit or wv eeding, whether civil, criminal, administrative vestigative, by reason of the fact that such pensar or was a director, officer, committee member, loyee, servant or agent of the Association, hase Architectural Control Committee, other Committee appointed by the Board, or the Board, against al x claims and liabilities, including such person’sQégligence, in whole or in part, or strict liability an WV expenses including attorney's fees reas ly incurred by such person in connection with s action, & faith and in a manner such person A sap believed to be in, or not opposed to, the interests of ce) the Association, or (b) with respect @any criminal action or proceeding, had no reas le cause to Ss believe such person's conduct v@p unlawful. The termination of any action, suit or gyerecding by settlement, or upon a plea of nolo contendere or its equivalent, shall not of itself create a presumption that such person did not act in good faith or in a manner which such person reasonably believed to be in, or not opposed to, the best interests of the Association, or, with respect fo any criminal action or proceeding, had reasonable cause to believe that such person's conduct was unlawful. The Board may purchase and maintain insurance on beh f any person who is or was a director, officer, casamittee member,

eeding, had reasonable cause to believe that such person's conduct was unlawful. The Board may purchase and maintain insurance on beh f any person who is or was a director, officer, casamittee member, employee, servant or age? Of the Association, the Architectural Control C ittee, or the Board, against any liability asserted agpinst such person or incurred by such person in. such capacity, or arising out of such person's Xe as such. gee ‘ & ARTICLE IV. Management and Admatistration. ~) S vs 3S \ x uthority to Manage; Association DutyggRaintan Except as otherwise provided in x the D tation, the affairs of the Project shall be mane nd administered by the Association. The VY Xe ro Page 8 oe ‘\ RY A BD BD > rw Ss 1340185 Page 9 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 SR i D> Oo oO Association shal pe all rights, powers and duties of, and shall conaftite and be, the “Association,” as that term is usegyh TUCA. The Association shall have the right, er, and obligation to provide for the maintenance,yrepair, replacement, and administration of the Praject, to the degree and in the manner as provided in. Declaration, the Bylaws, and the Rules and Reghlatons of the Association. However, the Associatih shall not be responsible for owner maintenance igations outlined in Section 3.7, The intggSmianagement agreement upon the terms and cgagtions approved by the Board. F oO ce) Ce) & s 4.2 Board of Directors. s Ss 3 {a) Composition of Boas The Board shall consist of at least three (3) p ns.

ggSmianagement agreement upon the terms and cgagtions approved by the Board. F oO ce) Ce) & s 4.2 Board of Directors. s Ss 3 {a) Composition of Boas The Board shall consist of at least three (3) p ns.

ou The election of Directors and determinatio he number of directors shail be conducted at nnual x & A.

ection 4.2(d). Each member shail be entitled ts Cast his total ner provided in Section 4.5(b) of this Declaratiogy No member an the total number of votes that member has.S¢he candidates up to the number of Vacancies shall be dee lected. All votes bers shall not vote cumulatively for the electio Directors.

meeting of members except as provided number of votes, as calculated in the shall cast for any one candidate mo receiving the highest number of v.

shall be cast by written ballot.

(b) Voting by Board Members. The presence of a majority of Directors at a meeting of Directors shall constitute a quorum for the transaction of business. The action of a majority of the Directors present at a cheer which there is a quorum shall be the act of the\Board. A meeting of the Board shall be heid each promptly after the annual meeting of the me oes, at the place of such annual meeting of me s, for the election of officers and the consideratigw of any other business that may properly be broyg#t before such meeting. Regular meetings of theeMard shall be held at such times and places as the Beard shall determine.

S Xe) Length of Term. The members of the Boyd shall serve for a term of one year commencinaset the time of their election, or until their death, een removal, or until they are no longer m ers of the Association, whichever is earlier. Ex or Directors appointed by Declarant ou

onger m ers of the Association, whichever is earlier. Ex or Directors appointed by Declarant ou noes the rights of Declarant during the Declarant oirol Period, any member of the Board may be m g of the Owners called to consider such actionsgat an annual meeting of the Members. wo rs © ce) ce) S (d) Declarant Control Perigt Notwithstanding Section 4.2(a) and (c) precast f the and Section 4.5, the Declarant shall have the gole and absolute right to appoint ail the members o Board until all units are sold to a person oth an Declarant. The foregoing right of the Decla shall not be affected by any transfer of Special larant Rights created or reserved herein. Afte expiration of the Declarant’s Control Pe. eX, the Unit Owners shall elect the Board, which, pgsmbers, within 31 days thereafter, shail elect the offigers of the Association. ra ce) 4.3 Certificate of Fofhation of Incorporation and Bylaws. The adm Siration of this Condominium Project shall be governed by this Declaration, the Certificate of For tion of the Association, and the Bylaws of the Association, and the resolutions of and rules and regulations adopted by the Board. The initial Certificate of Formation of the Association and initial Bylaws of the Association are contained in Exhibit D and Exhibit E, respectively. Each of the foregoing documents may be amended or changed only i S\ccordance with the amendment procedures cogsaned in the respective documents. An Owner at? nit, upon becoming an Owner, shall be a mera of the Association and shail remain a membepyor the period of its ownership. N , OO Ss AY 4.4 Ag@iinistration and Enforcement of eat te GYiaws and Rules. The Association

ming an Owner, shall be a mera of the Association and shail remain a membepyor the period of its ownership. N , OO Ss AY 4.4 Ag@iinistration and Enforcement of eat te GYiaws and Rules. The Association or any Owner may utilize any of the rights and remedies set forth w, for the enforcement of all restrictions, coMditions, covenants, reservations, liens, bylaws, rns, charges, and liabilities imposed by the pravisig’ of this Declaration, the Certificate of Formation the Bylaws, or Rules. Failure of the Associa r any Owner to enforce shall not be deemed edriver of the right to do so thereafter.

aR) aX) > ra no Page 9 of, < S) & RY & Xe ~ N BD BD 3S s s RS N Lo Xe -) & N Lo rs > R re) VY A A 1340185 Page 10 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 3S \ x x ov GC Lo & may be referre as “Community Policies”) for governing the us d maintenance of the property and obtaining compliance by Owners and their contractors, invitees and tenants with the Declaration and with Associatio laws, and Rules and Regulations, provided thag$&me are not prohibited by this Declaration or Texas¢gw. The Rules and Regulations may address an ject relating to uses of Units, Common Areas, Spreinuction repairs, parking, unsightly objects, 3 lonships between Owners, invitees, tenants an e Association, enforcement, and other subje b nsistent with and not in conflict with this Declarg@on. The initial Rules and Regulations are attache?

°, SP Exhibit H RS Ss (b) Late Charges. Hit y-oh may adopt late charges, from time to time, fadJate payment by the Owners of monies owed tq Association. co

itial Rules and Regulations are attache?

°, SP Exhibit H RS Ss (b) Late Charges. Hit y-oh may adopt late charges, from time to time, fadJate payment by the Owners of monies owed tq Association. co (c) Returned Cheok Charges. The Board may assess returned ches@charges against an Owner, as set by the Bo rom time to time, for each returned check, plu charges, until : ved. 4) (d) Nonassessment Items First. All monies received from an Owner may be applied first to nonassessment obligations of the Owner, such as fines, late charges, returned check charges, user fees, damages, etc., regardless of notations on checks and transmittal letters.

{e) gufbension of Voting Rights and Use Rights. THER ht to vote and the right to use Common Areas Qany Owner who is more than 30 days delinquent 62 any sum owed to the Association may be supended by the Board. @ 2 e (e) Fines. The Board or the Association's ma r may assess fines against an contained in.the Declaration and the Association rules. Fines may also be assessed for violation of suspended@ommon facility use rights. Each day of violatio oy be considered a separate violation if the violafan continues after written notice to the Owners. Ure must be notice of the alleged infraction and fiy@to the Owner no later than 45 days from the alleged infraction. .

shall have authority to enforce all Rules against thie Owner’s tenants, including collection of fines fo violations of the Declaration or Bylaws by th ants. 3 9 re) (h) Tenants May Pay. If an Owner is delinquent in the payment of a Yim due the Association for a period of 30 days opyObre, any tenant of the Owner occupying the Unit Ay pay any

ws by th ants. 3 9 re) (h) Tenants May Pay. If an Owner is delinquent in the payment of a Yim due the Association for a period of 30 days opyObre, any tenant of the Owner occupying the Unit Ay pay any sums due to the Association by the Sivner in order to avoid suspension of Common use rights; and the Tenant may deduct same froxgrent due to the Owner. The Association may en to indemnity agreements to protect tenants wN0 pay money to the Association under authority Qthis Section.

(i) Leasing. The Board may adopt reasonable requirements for leasing a Unit. For example, the Board may require (1) that tenant names, work phones, home phones, and emergency contact persons be registerg&with the Board or the Association’s managemenscompany, or (2) thata particular lease form be ea , provided that members are free to modify or nd such lease form as they deem proper.

y prop Ro . > T anagement company managing the Associatiagtoes not have authority to act for the Association igeasing or managing individual units. A Unit Owngmay contract with the same management pany which manages the Association to lease Q manage a Unit owned by the Owner.

Additionally§9 such case the Unit Owner shall inform the tenant that in leasing or managing the Owner's Unit, the phagement company is not acting on behalf of pee ssocation.

asonably affecting the Project. The rules musts?

@ & (g)} Remedies Against Tena ‘The Board shall have authority to evict tenants, Siwners, after reasonable notice, for substantial peated violations of Association Rules. The B ‘e) VY ~ . e ‘ oe Page 10 of EA?

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se Se s oS 1340185 Page 11 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 x : e & interest. All sums due the Association bySwners shall bear interest from due Ss date at the highest lawful rate, compounded annually. 4 (enor gp eurniehing resale certificates, eligibility certificates copies of declarations, copies of information N\ sen we ortgagees, copies of accounting records, etgaenal be set by the Board from time to time. ~O (1) Parking Limitations. Véticle owners shall reimburse the Association for any 3S costs incurred in towing vehicles illegally par' provided notice required in applicable Sala ee eS O* complied with in accordance with applicab tutes regarding illegal parking. Owners shall RD e Wo ey My s (m) PublicatigtPot Delinquencies. The Board may disclose ang@ublish to Association members and mortg&dees the financial condition of the Association, imsdiding a list of names and amounts of any delinquencies. The Board may notify mortgage lenders and tenants of delinquent monies owed by such Owners to the Association. Mortgage lenders may notify the Board of any delinquencies in the payment of mortgages.

(n) ysile and Addresses of New Owners. An Owner fy not sell or convey its Unit without all monies dé and owing to the Association being paid in full, Sad if such Owner does sell, convey, or transfer itgamit without paying such monies, such selling O shall remain tiable for all

convey, or transfer itgamit without paying such monies, such selling O shall remain tiable for all shall continue tBe liable for the assessments accruing on the Untyafter the sale or transfer until such s time as the sglling or transferring Owner notifies the associa writing of the name and address of the The se iKg or transferring Owner shall have a right of ind ity against the new Owner for recovery of (ou any suri sums paid by the selling or transferring Ownerg der this Section. . > rs WO Me) ce) (0) Change of Addresses. orders shall keep the Association timely informed Keir current addresses and any change of addragyes. s ge (p) Name and Addresge@ot Tenants. Owners shall notify the AssociatioggSt WV current names and addresses of tenanIE.G eir respective Units. (ou rw (q)} Lien of the ociation. The Association shall have a lien on. Owner's Unit, including any rentals and insuranc ceeds relating to the Unit, to secure payment | monies owed s by the Owner to the Association fre lien and foreclosure of the lien is addressed er in Section.

(r) Venue and Lawsuit Authority. All obligations of owners, tenants, and the Association arising under this Declaration, the Bylaws, or Rules shall be performed in Brazos County, Texas, and venue for any lawsuits relating thereto shall be in Brazos County, Texas. The Association shall have the right to file a efend a suit (including injunctions) and recover behalf of the Owners in

s, and venue for any lawsuits relating thereto shall be in Brazos County, Texas. The Association shall have the right to file a efend a suit (including injunctions) and recover behalf of the Owners in any cause of action aur damages to the Common Areas or based on/igfslities of Owners and their invitees, contractors, t ts, or third parties accruing to Owners and/or Ing ssociation.

co x Ce Attorney’s Fees. If delinquent accounts or Ser violations are turned over to ¢ the Association’aeettorney, the Owner shail be liable for all attorneygtees incurred by the Association in ce) collections, fll@iiens. foreclosing liens, releasing liens, ator oes and/or otherwise enforcing vs the Declaragan, Bylaws, and Rules and Regulations. \ RY Cy mS \ ao Wo Page 11 of 6° x x ) Co Se Sx 1340185 Page 12 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 RY > ee < ( Association Entry. The Association shall nee the right to enter an Owner's Unit & for purposes of) prevention of damage to the other units, (2) engftement of the Declaration, and (3) ys protection of groperty rights and quiet enjoyment of other Owneys. The Association may require Owners to furnish t! ssociation with entry keys to their Units for SUR urposes.

G CG $ notice to or from all Owners or tenants of oS x of ple Owners or tenants of a Unit shall be deem Unk if Owner is more than 60 days delinquent, the ociation may send to the Owner's tenant a cop any Association notices or communications witk@se Owner. The Association shall give such bone upon written request of a first lien mortgage or insUrer.

tion may send to the Owner's tenant a cop any Association notices or communications witk@se Owner. The Association shall give such bone upon written request of a first lien mortgage or insUrer.

ou {v) Assignment of RefShues The Association shall have the power t vey a ey and/or improvement of the Project. ch security interest may be given without being@Sproved by a & vote of the Board.

S Powe at Se (w) Other ers. The Association shall have all other powetsnecessary and proper for the government and operation of the Association, including but not limited to those powers contained in the Texas Uniform Condominium Act.

re) Q {a) sfémbership. Membership in the Association shafbe appurtenant to the legal, fee title to the Condgrfium Units of the Project, and upon the transfer et le to a Condominium Unit of S Brazos CountyN¥exas.

x No membership in the Association may be geyes or transferred in any other manner. 3S When thStitle to a Condominium Unit in the Project is ow by more than one person, firm, corporation, ou in Same manner and to the same extent as the eerie Unit, with all the Owners of such eS RY ({b) Voting. Ownership of gach Condominium Unit in the Project by a member

extent as the eerie Unit, with all the Owners of such eS RY ({b) Voting. Ownership of gach Condominium Unit in the Project by a member entitles the Owner or Owners (collectively), i ding Declarant, thereof to one vote per Gondorggiium OG Unit. CO co RS eS > & if a Condominium Unit is one y more than one person, the Owners who ow, @actional Ss appoint one member who shall ntitled to exercise the votes pertaining to that ominium Unit at any meeting of the members of thie Association. Such designation shall be made ifPwriting to the Board of Directors and shall be revocable at any time by actual notice to the Board of Directors or upon the death or judicially declared incompetence of any one of the Owners of such Condominium Unit.

e entitled to exercise the shall be allowed to lf a Condominium is owned by more than one member claiming t voting right attributable te t Condominium Unit, then none of such mem exercise the voting rights attributable to such Condominium Unit unless s members concur upon the manner in which sugkpvotes will be cast. Failure of such Owners to cong? shall result in that Condominium Uniféing excluded in all respects in determining wheter a requisite number of votes has g been cast with ect to the matter upon which such vote is bei en. All members of the Association © may be presenwat any meeting of the members and may act at meetings in person or by proxy (whether physically present or not). {f at any time the Associatign shall hold legal title to one or more RY Condom Units, the voting rights to which the Owner t of otherwise would be entitled shall be x

ether physically present or not). {f at any time the Associatign shall hold legal title to one or more RY Condom Units, the voting rights to which the Owner t of otherwise would be entitled shall be x exercion’ as directed by majority vote of the Owners in at dance at the meeting, in person or by proxy. ~ cS ro Page 12 of?

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1340185 Page 13 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 RY iS ge ~ VY & e ©) () 4.6 tpsurance. ss 3S (a) Property Insurance. The AssociatiogjSnall obtain insurance for the Regime as require OFS 82.111 of TUCA. The Association may also abfain and maintain at all times insurance on the PID t of the type and kind required by this Declaratiay, including such other risks, of a similar or ruction, design and use, issued by responsible eurance companies authorized to do business in State of Texas. The insurance shall be carried bianket policy form naming the Association, th ) wners and all mortgagees of Units (of whose lie?rinterest the Association receives written notice) &é the co \ insured’s. In addition, each policy shall identifystwe interest of Unit Owners and shall provide for SS e is not standard, noncontributory mortgage clausgi? vor of each First Lien Mortgagee. Flood insu necessary because none of the Units or jRProvements are in a Special Flood Hazard Area ah the 100year flood plain according to FEMA oe The Association wi elect to obtain and maintain insurance coveringwMe Units and Unit Owners. Each Owner irrevocablpdesignates the Association, as attorney in fact, tadminister and distribute property insurance proceeds applicable to the Owner's Unit, whether or not the property

d Unit Owners. Each Owner irrevocablpdesignates the Association, as attorney in fact, tadminister and distribute property insurance proceeds applicable to the Owner's Unit, whether or not the property insurance is obtained or maintained by the Association or the Unit Owner. Such insurance policy shall also provide that it cannot be canceled or substantially modified by either the insured or the insurance company until after 10 days gNor written notice to each First Lien Mortgagee. The Board of Directors shall, upon request of any &*st Lien Mortgagee, furnish a certified copy of eag blanket policy and a separate certificate iden ing the interest of the Mortgagor. \ .O Ss Ali@ficies of insurance shall provide that the insurangeSthere under shall! be invalidated or suspended on respect to the interest of any particular Owner Quilty of a breach of warranty, act, omission, negliy2nce or non-compliance of any provision of suchypiicy, including payment of the insurance pramium applicable to that Owner's interest, or who Rermits or fails to prevent the happening of any atl ether occurring before or after a loss, which ung@r the provisions of such policy would otherwignvalidate or suspend the entire policy, but the jrfesirance under such policy, as to the interests of aera insured Owners not guilty of any act or omisg@h shall not be invalidated or suspended and.

The Association, in order to pres@fve the integrity of the Project, shall be deemed ve an “insurable interest” in each Unit. Any insurance obtained by the Association or a Unit Owner shall contain appropriate provisions whereby ne gre waives its right of subrogation as to any clai against the Unit Owners, Association and ir respective servants, agents or guests. °é)

r a Unit Owner shall contain appropriate provisions whereby ne gre waives its right of subrogation as to any clai against the Unit Owners, Association and ir respective servants, agents or guests. °é) (b) Liability In Ss. The Association shall maintain a policy of ¢ ynercial damage suffered by the public, y Owner or Occupant, family, agent, employe e invitee of an Owner or Occupant, occurring in~which liability and property damage insurance shel afford protection to such limits and extent as the Association deems desirable. Such liability and property damage insurance policy shall also contain a cross-liability endorsement wherein the rights of a named insured under the policy or policies shall not prejudice his, her, or their action or actions against another named insured.

Such insurance policy shallgtso provide that it cannot be canceled or substantially modified by either the insured or the insurance pany until after 10 days prior written notice to First Lien Mortgagee, to the extent allowed by law. This liability coverage does not insure the indixddal Unit Owner for liability or damages arising oN he use of its individual Unit as distinguished frofxtthe remainder of the Project.

Section 4.6(a) Woes not insure the personal property of Unit Owfers, and unless the Association elects to insure Builgges does not insure Units, and each such Unit Owger may, at the Owner’s option and a expense in such other insurance as the Owner deem essary to insure such property. In addition e insurance obtained pursuant to Section agigenigh not insure the Units or any fixtures, oni e (e) (e)

d a expense in such other insurance as the Owner deem essary to insure such property. In addition e insurance obtained pursuant to Section agigenigh not insure the Units or any fixtures, oni e (e) (e) RY SX > BD , S ~ aoe nature, as are or shall customarily be ie ren respect to condominium projects, similar in, oe RY Q re) VY nO Was sO Xe ee Page 13 Po Ss RY Q 3 VY sh@emain in full force and effect. eS ro RS § 1340185 Page 14 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 ge Oy © ou > N 20 Oo | installations or ad Se composing a part of the Buildings. An ownest a Unit may obtain at its cost and & expense such itional insurance as may be necessary to insureyfs Unit and the fixtures and ys improvement therein. RY Se Accounting: Audit; Inspection of Recor The Board shall keep or cause to be kept Se As@iciation. Both the books of accounts and all vo rs supporting the entries made therein shall b ays and the Board shall cause to be established and announced for general knowledge the days 3 hours within which such books shall be avail for inspection. All such books and records sh e kept . > least once a year by an outside auditor Seeing. by the Board unless directed otherwise bas

. > least once a year by an outside auditor Seeing. by the Board unless directed otherwise bas Ay Association at the annual membershi eting. The fiscal year of the Association shall bey e calendar x year unless another period is estabigeed by resolution of the Board.

e) any, _— Y. on At all times, the Associafteh shall have and maintain current copies of the dctlaration, Certificate of Formation, bylaws, and Association rules, along with books, records, and financial statements, available for inspection by Unit Owners or by holders, insurers, or guarantors of first mortgages that are secured by units in the project, during normal business hours.

The Association ion make an audited statement for the preceding se year available to the holder, insurer, or guar. r of any first mortgage that is secured by a unity he project on submission of a written request fori) e audited financial statement shall be available@ithin 120 days of the 4.8 ‘Xrchitectural Control Committee. The Board mY Committee appointed by the Board s shall serve aathe Architectural Control Committee for the Assggiation, approving or disapproving RY construc ig alteration, and modifications pursuant to SoctiggR ss The Board can dissolve the commi it has appointed and substitute itself as the on ctural Control Committee. The Board can ou overrEne, supersede or amend any decision made by the@rchitectural Control Committee it has RS ap ted. The Architectural Contro! Committee ma m time to time designate Advisory Members. Re itectural Control Committee shall consist of thr, embers, each of whom are Directors of the ©

tee it has RS ap ted. The Architectural Contro! Committee ma m time to time designate Advisory Members. Re itectural Control Committee shall consist of thr, embers, each of whom are Directors of the © sociation. The Initial Members of the Architec Control Committee shall be: s 2.

x Ca C2 © . ~ e Lawrence F. Guseman, Ill RG Ro (e) (a) Action b chitectural Committee. Items presented to the &¥chitectural Ss Control Committee shail be deci by a majority vote of its members. The ot i Control Committee may hire consultants, including engineers and architects, and contracto to assist it in its duties hereunder. The Architectural Control Committee may establish reasonable fees and charges payable by Owners to the Association seeking approvals or variances from the Architectural Control Committee, including requiring reimbursement for all reasonable costs incurred in reviewing and processing such requests.

x x (b) , Ser, Each member of the Architectural Control <Gnimittee shall hold office until such time as he a signed or has been removed or his successor hagdeen appointed, or if the Board John Caleb Venable, SR.

is acting as the ArdRfectural Control Committee, for such term as th ember is a Director. In the event of death or resi ion of any member of the Architectural Contro mittee, the remaining members shall have full 2thority to act until a replacement member has b designated. S re) (c) Adoption of Rules and GuidelinggsThe Architectural Control Committee may x adopt gar procedural and substantive rules and quide RS (“Architectural Guidelines’), not in conflict VY e, (ey x ~O > Page 14 of § s ue °) ‘\ Ss A OC 20...

RS & N Lo rs > R re) VY A ~)

e RS (“Architectural Guidelines’), not in conflict VY e, (ey x ~O > Page 14 of § s ue °) ‘\ Ss A OC 20...

RS & N Lo rs > R re) VY A ~) 1340185 Page 15 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 RY SX a ~ VY oO mR we with this DeclaratigO’ as it may deem necessary or proper for the peri@mance of its duties, including but not limited to, iiding code, a fire code, and other similar code it may deem necessary and desirable. Each Owner shall comply with said rules and guidelines as the same may be amended from time to imgebser a material change in circumstances or if ay alteration or reconstruction of a the Aree pproved improvement is being undertaken, onag$lans and specifications are approved by the AroMtectural Control Committee for a particular congtayction project, the Owner who has received cK ge subsequent to the original approval (‘grandfahered improvements’).

‘yy fo) ~ ({d) Review of Proposed eMecuction. Whenever in this Declaration the appyval of the Architectural Control Committee is reqyigad, it shall have the right to consider all of the plas and specifications for the improvement or prop in question and all other facts which are relev Except as otherwise specifically provided hereinJprior to the commencement of any construction ony improvement on the Property or any n thereof, 1 complete set of the final plans and @secifications therefore shall be submitted to the itectural Control Committee, and construction thgteof may not commence unless and until the a ectural Control Committee has approved such ahs and specifications in writing. The Arcttectural Control Committee shall consider and a’Dupon any and all

thgteof may not commence unless and until the a ectural Control Committee has approved such ahs and specifications in writing. The Arcttectural Control Committee shall consider and a’Dupon any and all plans and specifications submitted for is approval pursuant to this Declaration, and perform such other duties assigned to it by this Declaration or as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with plans and specifications approved by th Architectural Control Committee. The Architectuxgi Control Committee may review plans and specie s submitted for its review and such other inforpegfion as it deems proper.

Until receipt by the Archi@ttural Control Committee of any information or qd ments deemed necessary by the Architectural CoMtrol Committee, it may postpone review of any $ and specifications submitted for approval. No inggvement shall be allowed on any Building Site wash is of such size or architectural design or involvege e use of such landscaping, color schemes, exte@r finishes, and materials and similar feature to be incompatible with development within th operty and the surrounding area.

The Architeciyral Control Committee shall have the authority tqagisapprove any proposed improvement based upagehe restrictions set forth in the preceding senteng&Qand the decision of the Architectural ControkGemmittee shall be final and binding so long as i i€gnade in good faith. The Architectural Control Commtee shall not be responsible for reviewing any p sed improvement, nor shall its approval of ANY. @ Plagor Specifications be deemed approval tnarael Re the standpoint of structural safety, engineerin

mmtee shall not be responsible for reviewing any p sed improvement, nor shall its approval of ANY. @ Plagor Specifications be deemed approval tnarael Re the standpoint of structural safety, engineerin ndness, or conformance with building or other S. The Architectural Control Committee is fs) NUthorized to request the submission of sample proposed construction materials. At the option gre Architectural Control Committee, and one c ete set of plans and specifications will be mar “Approved” and returned to the Owner or i@uesignated representative. If found not to be ingSmpliance with the rules and guidelines or this Degigration, the Bylaws, Rules and Regulations or respiutions adopted by the Board, one set of su ans and specifications shall be marked "Disapgroved,” accompanied by a reasonable meen of items found not to comply with any such ter.

Architectural Control Committee, one wee set of the plans and specifications will be mang) the ‘yy Any party requesting approval of a set of plans and apexiticsons use with a particular Building Site shall submit a site plan showing the position of all improvements on the Project and a tree survey as a part of those plans and specifications. The party submitting such plans shall be required to point out to the Architectural Control! Committee, and the Architectural Control Committee shail have the right to review and approvegfy material changes to or deviations from any preXiously approved set of plans and specifications. Architectural Control Committee shall Catron ser ht to prevent the construction of any impfovements which have, in the Architectural Contr mmittee’s sole opinion, material changes tq.a@iMieviations from any previously approved set of. Riyns and specifications.

ce) & <

onstruction of any impfovements which have, in the Architectural Contr mmittee’s sole opinion, material changes tq.a@iMieviations from any previously approved set of. Riyns and specifications.

ce) & < Xe) Actions of the Architectural Control Committee. The Architectural Control Committee stay, by written resolution, unanimously adopted inwriting, designate one or two of its member, an agent acting on its behalf to take any actio perform any duties for and on behalf of the Architgstta Control Committee. In the absence of suchytesignation, the vote of the majority of all of the xe ro Page 15 eS °) A.

se Se ”» AN oe Po RY x s RY SX ~ SU proval is not required to obtain a further appr or such construction if the rules and guidelines oe s Xe se 1340185 Page 16 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 x : ~ eo members of the Architectural Control Committee taken without a megtig, documented in accordance & Architectural Control Committee. Notwithstanding anything to the tontrary, in the event the Architectural ) Control Conepittee fails to respond to a request for approval ns and specifications within 45 days of \ receipt o(3# required information, the Architectural Control mittee shall be deemed to have approved ou such plas and specifications. The Architectural Control Sommittee shall have the authority to require \ mgbrens or Owner's agents or contractors to cease desist in constructing or altering any , oe i vements, where such actions have not first bee&Yeviewed and approved or otherwise constitute

o require \ mgbrens or Owner's agents or contractors to cease desist in constructing or altering any , oe i vements, where such actions have not first bee&Yeviewed and approved or otherwise constitute ation of the Restrictions. The violating Owner | remove such violating improvements or site w t its sole expense and without delay, returning she to its origina! condition or bring the property i 3S compliance with the Restrictions and any pagan specifications approved by the Architectural Gontrol (ou Committee. If an Owner proceeds with cone tion that is not approved by the Architectural ero!

: > Committee, or that is a variance of the a ved plans and specifications, the Association assess o> reasonable fines and may continue to dates such fines until Architectural Control Comme approval is & granted or the violation is removed. é {f) No Waiter of Future Approvals. The approval or consenDof the Architectural Control Committee to any Plans or Specifications for any work done or proposed or in connection with any other matter requiring the approval or consent of the Architectural Control Committee shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any plans and specifications, or other matt hatever, subsequently or additionally submitted gor approval or consent by the same ora differen} g son. 9 ay grant variances when, in (9) - Variances. The Architectural Control Committ the opinion of the itectural Control Committee, in its sole and abggtwte discretion, such variance will g due to unusual aesthetic considerations or unusual circumstangy _ All variances must be evidenced by s

due to unusual aesthetic considerations or unusual circumstangy _ All variances must be evidenced by s a written instaument, in recordable form, and must be signed byat least two of the voting members of the Architectu ontro! Committee. If a variance is granted, no@olation of the covenants, conditions, or restrictio&s contained in this Declaration or any Supplemerta? Declaration shall be deemed to have (ou sh t operate to waive or amend any of the terms, provisions of these covenants and restrictiong ey Wstance covered by the variance, and such vari shall not be considered to establish a precedegtor RY future waiver, modification or amendment of the térms and provisions hereof. 4 Se (h) No Implied Waiv Ss Estoppel. No action or failure to act by the ASMtectural Ry Control Committee or by the Board shal/{onstitute a waiver or estoppel with respect to fut action by Xe the Architectural Control Committee erBoard of Directors with respect to the constructi (e) improvements within the Regime. cifically, the approval by the Architectural Contr s Board of any such construction not be deemed a waiver of any right or an est approval or consent for any simil&r construction or any similar proposals, plans, sp&ifications, or other materials submitted with respect to any other construction by such person or other Owner.

{i) Non-liability. Neither the Architectural Control Committee nor any member

, plans, sp&ifications, or other materials submitted with respect to any other construction by such person or other Owner.

{i) Non-liability. Neither the Architectural Control Committee nor any member thereof, nor the Board, nor member thereof, shall be liable to the Associati@g or to any Owner or to any other person or entity @ any loss, damage or injury arising out of or in for way connected with the performance of the Archytéctural Control Committee's or the Board's respec We duties under this Declaration, unless dgx’to the willful misconduct or bad faith of such pe <n. Neither the Architectural Control Committees$dr any member thereof shall be liable to any O due to the construction of any ¢ e) improvement w{ the Project.

) s vs re) {j) Work in Progress. The ArchitecturafControl Committee, at its option, may inspeck work in progress to insure compliance with apyGied plans and specifications.

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1340185 Page 17 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 x : $ & Certificate of Compliance. Upon comp n of any improvement approved by the rol Cong Control! Committee and upon written request . thie Owner of the Unit, the Architectural Contro! Co ttee or the Board acting through one of its offi may issue a compliance certificate (‘Compli@jrce Certificate”) in a form suitable for recordati spegiféations on file with the Architectural Control Co ciittee pursuant to which the improvements were, ¢ m and shall specify that the improvements compli the approved plans and specifications. The

> spegiféations on file with the Architectural Control Co ciittee pursuant to which the improvements were, ¢ m and shall specify that the improvements compli the approved plans and specifications. The mpliance Certificate shall not be construed to y the acceptability, sufficiency, or approval by we rchitectural Control! Committee or the AssociatioW of the actual construction of the improvements Othe workmanship or materials thereof. The Own hereby notified that the Compliance Certificategy no way warrants, except as set forth above, t fficiency, acceptability, or approval by the Archiggetural Control Committee of the construction, waKmanship, materials, or equipment of the improvements.

Preparation and recordation of sucha pliance Certificate shall be at the expense of th Owner of the improved Unit. The Architectural Cosh! Committee, and its agents and employees, shgftnot be responsible for inspecting any pr ed improvement, nor shall its approval of any Yes or specifications be deemed approval of any impr&¥ement as to structural safety, engineering soundwess or conformance with any building or other codes, regardless of the hiring by the Architectural Control Committee of any consultants to assist it in its duties hereunder.

‘i \ 4.9 Securit icies. Neither Declarant nor the Association pragrses, warrants, or guaranties the safety ongecurity of Owners, occupants, tenants, invitees, ghests, or their agents or contractors or their ogngdnal property against the criminal actions of otheg@ Each Owner and other person in the Proj as the responsibility to protect himself or hers d to maintain insurance to appropriate fireQhd theft insurance on their personal property.

imself or hers d to maintain insurance to appropriate fireQhd theft insurance on their personal property.

N DS urity system, patrol, access gate, or electroni eurity device can provide protection againsi.éwme at every location at every moment of the i?

defégsYed or avoided by clever criminals. Therefore, gebters and ail other persons in the Project shoulda?

9g Systems exist. Owners and all other persons in roject should make no other assumptions re A security.

SS 2 : If security systems, security devicéPaccess gates, or walk-though/drive-through sewpes are utilized in the Project, no representation made by Declarant or the Association that such ystems, devices, or services will prevent inju eft or vandalism. Any companies or individual “aking or driving in the community on behalf of Ownebnay not carry weapons and have no greater aug under the law to restrain or arrest criminals or ta@revent crime than the ordinary citizen. Neither SPiaran’ nor the Association promises, warrants, Sr guaranties that any such systems, devices, or s®tvices do in fact discourage or prevent breaches of security intrusions, thefts, or incidents of violent crime. Declarant and the Association reserve the right to reduce, modify or eliminate any security system, security devices, or services at any time; and such action shall not be a breach of any obligation or warranty on the part of Declarant or the ASsoRatOgN 3 9 If controlled acgess gates or intrusion alarms are provided, OwnesSWiil be furnished written

h action shall not be a breach of any obligation or warranty on the part of Declarant or the ASsoRatOgN 3 9 If controlled acgess gates or intrusion alarms are provided, OwnesSWiil be furnished written operating instructiongSind it is the responsibility of Owners and their tegynits to read them and bring any questions to the a ion of the Association or its management comply. Further, it is the responsibility of Owners and tenants to promptly notify the Association in KC g of any known problem, defect, malfunction or Yilure of door locks, window latches, lighting, contalled-access gates, intrusion alarms, and other spurity related devices in the Common Area. Each.Qwner and tenant must report to the Associat} ny crime that he or she is aware of and that 9 § in the Owner's Unit or in Common Areas near te wner's Unit. If an Owner's Unit is equipped wit n intrusion alarm, the Owner is responsible . , > ra ro Page 17 1 ce) \ x ge WV © ” > he Compliance Certificate may identify ou s night. Even elaborate security systems are OP RY x se 1340185 Page 18 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 rh) x G Se Ae ey for all fines and o a resulting from or attributable to the alag including false-alarm charges, & even if caused e Owner's tenant, invitees, or contractors. T BXssociation has the right to enter a ys Unit for purpages of cutting off a security system in which the ingusion alarm is disturbing other Owners or their tenan x e, x © ° Protecting Owners, their tenants, and invitees from crime is the sole responsibility of the . > res ive Owners and law enforcement agencies. O s, tenants, and other occupants should Pm >.)

x e, x © ° Protecting Owners, their tenants, and invitees from crime is the sole responsibility of the . > res ive Owners and law enforcement agencies. O s, tenants, and other occupants should Pm >.)

presriptly report to the Association or the Associatio anagement company in writing any Common < Si locks, latches, lighting, overgrown shrubber,eences, gates, intrusion alarm, and other securit ~ elated devices that they believe are in need of pair or improvement.

\ Se Declarant and the Association axfitssly disclaim any duties of security. Se ~O ey ARTICLE V. tenance Assessments. oe & & © ) Cy 5.1 Assessments f mmon Expenses.

Ss Ss (a) Periodic Billing. All Owners shall be obligated to pay the estimated Common Assessments imposed by the Association to meet the Common Expenses. The obligation to pay Assessments hereunder is part of the purchase price of each Unit when sold to an Owner. An express lien on each Unit is hereby ggxanted and conveyed by Declarant to the Associatian to secure the payment thereof in each such instarng®, each such lien to be superior and paramount gfeny homestead or other exemption provided by saw. Common Assessments for the estimated Cor! n Expenses shall be due monthly in advance oper before the first day of each calendar month org?such other time as may be Assessments mae altered to another frequency. If an Owner faiJQo pay the Common Assessment (e) applicable to itsondominium Unit by the 15th day after such ass@ssment is due, the Board shall have s the right to impose and assess a late charge in such amount es exceed any applicable usury limit) as RY may be egglished by the Board from time to time. Assess for the respective Units shall commence Q

he right to impose and assess a late charge in such amount es exceed any applicable usury limit) as RY may be egglished by the Board from time to time. Assess for the respective Units shall commence Q on the he each Unit is sold by Declarant. © 9 Oo OS x Oo » ss" Y (b) Reserve Fund. On the dat t a Unit is initially purchased from Declarant, thee mmon Assessments equal to 6 months’ reguigyassessments. See also Section 7.5. Ss 3 5.2 Purpose of Assessments. Common Assessments levied by the Associ shall fe) , faly for this purposes oF eee WV be used exclusively for the purposes of pr ting the health, safety, and welfare, of the Owns of the O Units, and in particular for the improve t, maintenance, operation, administration and prRervation of & the Project, specifically maintaining tyroof, exterior brick, exterior wall paint, and extggewnings.

ce) Ss §.3 Determination ofissessments The assessments to be paid by g; the Owners, including Declarant, shall be detéfmined by the Board of Directors based upon the tash requirements necessary to provide for the payment of all Common Expenses. Examples of expenses that will be taken into account in making this determination include, among other items, taxes, governmental assessments, common area lighting, repairs and renovation as referenced in Section 5.2, garbage collections, legal and accounting fees, insurance nagement costs and fees, expenses and liabilij¥gs incurred by the Association or managing d@ nt under or by reason of this Declaration, oer s incurred in the operation and maintengnce of facilities, payment of any deficit remaining a previous period and the

d by the Association or managing d@ nt under or by reason of this Declaration, oer s incurred in the operation and maintengnce of facilities, payment of any deficit remaining a previous period and the creation of reserve 5, The omission or failure of the Board to fix thegaSsessment for any period shall not be deemed a fer, modification, or release of the Owners frometpe obligation to pay Common g Assessments. Xt the assessment is determined by the Board t onthly assessments shall be set at: © nit 1: $105.00 S i Unit 3: $120.00 & se Unit 4: $200.00 ra ro Page 18 fee S Ss & oO Oo eS 2) A.

Shits at least 30 days prior to January 1st of eac 3 A.

1340185 Page 19 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 RY RY x > N ge & $ & §.4 SMillities. Each Owner shall pay for its own utitieg sich are separately metered and billed to each Unit Owner by the respective utility companies. Utility expenses which are not separately metered a @Billed shall be part of the Common Expenses an ch Unit Owner shall pay its pro rata share th f as in the case of other Common Expenses. © , oe, «aati Ora. , we 5.5 Owner Obligations for Assessmentegnd Mid-Year Alterations of Assessments. ee s {a) Allocated Interest. All Crs shall be personally obligated to pay the Cogafion Assessments imposed with respect to its Unit by the Association to meet the Common Exp&ises.

The Common Assessments shall be it~osed based upon each Owner's proportionate gs percentage interest as reflected in ibit C. co {b) Updating. If.t Board determines at any time during the calendg?year that an increase or decrease in the amount e Common Assessment is required to adequatty perform the

reflected in ibit C. co {b) Updating. If.t Board determines at any time during the calendg?year that an increase or decrease in the amount e Common Assessment is required to adequatty perform the duties and responsibilities of the ciation and pay all expenses thereof, then the Board may revise the amount of the Common Assessient for the remainder of such year. The new Co n Assessment shall remain in effect until the new amount is established either under this Section 5.5 or under Section 5.6.

5.6 Special Assessments for Improvements. In addition to the regular Common Assessments authorized by hs Declaration, the Board of Directors may levy intany calendar year a special Common Assess or Assessments for the purpose of defraying iOWhole or in part, the cost of any construction or recegstruction or unexpected major repair or replace of a capital improvement.

Such special assessivent may be for the necessary fixtures and persona@roperty related thereto or for the purchase of ansnovable or personal property for the common u Mot all the Owners, or for such other purpose orgrposes as the Declarant or the Board of Directog@may consider appropriate and for the common bedsfit of all of the Owners.

\ x Such special assessment shall be imposed gh the Owners in proportion to the respectife’ownership interests as set out in Exhibit C. \ ~ 5.7 Commencement of Assessments : mmon Assessments shall be due on the first ach calendar month. The Board shall fix the a nt of the Common Assessments applicable to t ar. The Board may change the assessments tey quarterly rather than monthly. RY g | cali torte contrite 5.8 No Exemption. No OwngShay exempt himself from liability for its contribuy owards the Common Expenses by abandonmenpef its Unit. . > §.9 Lien for Assessmefts. & &

| cali torte contrite 5.8 No Exemption. No OwngShay exempt himself from liability for its contribuy owards the Common Expenses by abandonmenpef its Unit. . > §.9 Lien for Assessmefts. & & (a) Priority All sums due and unpaid by a Unit Owner shall SP aecured by an express contractual lien (which is hereby created, granted and reserved) on such Unit and any insurance proceeds and rents relating to such Unit, which lien shall be superior and prior to all other liens and encumbrances, except only for: R Taxes. Assessments, liens and charges ig@vor of the State of Texas or a political subdivision thereof for taxes on the Unit; and \ oO .O CS (2) First Lien Mortgage. Ail liens securingisums due or to become due under any duly recordgeand valid First Lien Mortgage. Sale or transfer y Unit pursuant to a foreclosure or a deed in lieu dPforeciosure of a First Lien Mortgage shall not exNaguish the Association's contractual lien on amountespecoming due and after such foreclosure. No edhe Associat shall relieve such Unit, or the Owners of, from liability for monies owed by the OWNER the Association.

°, se > 9 OG cS ro Page 19 of fe) RY se > s RY 1340185 Page 20 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 x 1S RS Ps ae Foreclosure. To evidence the amounts frongame to time secured by such & contractual lientve Board of Directors may, but shall not be requigftto, prepare written notice setting ys forth the amount of such unpaid indebtedness, the name of the Owner of the Unit and a description of the Unit. Such@otice shall be signed by one of the members of thg Board of Directors or the Association's

the amount of such unpaid indebtedness, the name of the Owner of the Unit and a description of the Unit. Such@otice shall be signed by one of the members of thg Board of Directors or the Association's attorne may be recorded in the Office of the County ad of Brazos County, Texas. Such ou pri So liens may be enforced by the Association throdgh judicial foreclosure or nonjudicial . > for ure on the defauiting Owner's Unit. Any such, closure sale is to be conducted in accordance.

wigssthe provisions applicable to the exercise of powgys of sale in mortgages and deeds of trust, as se h in the Texas Property Code, or in any other. Sled permitted by law. Each Owner, by accepti eed to its Unit, shall be deemed to have expressty granted to the Association a power of sale uporMts Unit to secure payment or the Common Asse ents thereafter imposed upon the Owner. In aphsucn ou foreclosure, the Owner shall be required t the costs and expenses of such proceedings, costs ~ and expenses for filing the notice or clai lien and all reasonable attorney's fees. The A iation shall ey have the right to bid on the Unit at cage sale and to acquire and hold, lease, moe and convey N Lo PS same, if it is the highest bidder ats oreclosure sale. Without other formality than uting an Ss instrument in writing, the Associatigsr shall have the right to appoint a successor or SS titute trustee to exercise the power of sale.

{c) Suit. Suit, to recover a money judgment against the Owner for unpaid sums shall be maintainable without foreclosing or waiving said lien securing same.

RY RY (d) guihingation Any lienholder on a Unit may pay a paid sums due with respect to such Unit, a pon such payment, the lienholder shall have ade on such Unit for the amount

aid lien securing same.

RY RY (d) guihingation Any lienholder on a Unit may pay a paid sums due with respect to such Unit, a pon such payment, the lienholder shall have ade on such Unit for the amount paid of the same ranks the lien of his encumbrance. . oe Continuation of Lien. A lien for any Assea§ment will not be affected by the sale or transfer of th® nit, unless a foreclosure of a First Lien MortgasQ ‘is involved, in which case the o foreclosure wll extinguish the lien for any assessments that wese payable before the foreclosure sale, but RY will not raligte any subsequent Unit Owner from paying | aii 3.10 Subordination of the Lien to First Li ortgages. The contractual lien securing RS magees owed to the Association shall be subordinat e lien of any First Lien Mortgage created by © @rer on its Unit to the extent same is recorded wit the Clerk of Brazos County, Texas prior to the d te of the amount(s) owed to the Association, We Association shall have the power to subordin he RY aforesaid Assessment lien to any other lien. Such power shall be entirely discretionary with the Roard x and such subordination must be signed by ae authorized officer of the Association. fe) O °é; 9 > 5.11 Statement of Assess ts. Upon payment to the Association of a reasapble fee & calculated to reimburse the Associatie¢for the cost of providing same, and upon the we request of any Owner or any lienholder, or pr ctive purchaser or lienholder of a Unit, the Assgfation, by its Ss Board of Directors or the Managjng$Agent, shall issue a written statement (a “ResaleWertificate”) setting forth the unpaid Common Assessments and other sums due, if any, with respect tothe subject Unit, the amount of the current Common Assessments, and other sums due, the date the next of such Common

ting forth the unpaid Common Assessments and other sums due, if any, with respect tothe subject Unit, the amount of the current Common Assessments, and other sums due, the date the next of such Common Assessments, and other sums become due and payable, which shall be conclusive upon the Association in favor of the addressee of such statement. 4 §.12 Personay Habit for Assessments. Assessments and sums due shall be the personal obligation of, wner of the Unit at the time the sum accrued. sequent Owners shall not be personally liable heir Units shall nonetheless be subject to a lien (er payment of same as set forth in Section 5.9(a). Sccessor Unit Owners may agree to assume sugability, however. & Ay Ay NXRTICLE VI. Destruction or Obsolescence oft rovements. Ss 3S \ om Destruction or Obsolescence. The Asan shall be and each Unit Owner hereby S&F irrevoc appoints the Association as attorney-in-fact in resent the Unit Owner in negotiations, ~ Ss ra & Page 20 of ce) se et 1340185 Page 21 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 x es Oo oy D> N x °O settlement, and litigation involving any insurance claims under any ingsrance policies purchased by the & Association. Inge Regime is damaged by fire or any other disastefthe insurance proceeds shall be held s and ial pursuant to §82.111 of TUCA.

Q \ 3s d in or by power in the nature of eminent domai ether permanent or temporary), the Associati d each Owner shall be entitled to participate in g@sceedings incident thereto. The Association sh e imely written notice of the existence of such procéedings to all Owners and to all First Lien Mortgagées

hall be entitled to participate in g@sceedings incident thereto. The Association sh e imely written notice of the existence of such procéedings to all Owners and to all First Lien Mortgagées WO 6.3 Condemnation. [fall or part of ea is taken or threatened to be taken by eminents?

3S known to the Association to have an interest jgXany Unit. The expense of participation in such \ (ou proceedings by the Association shall be a mon Expense. Se N XN ‘S ° oe The Association is specificall BPhorized to obtain and pay for such assistance fis attorneys, & appraisers, architects, engineers, oa witnesses and other persons as the Associati@fin its discretion Ss deems necessary or advisable t or advise it in matters relating to such proceedig&®. All damages or awards for such taking shall be adbosited with the Association and such damages» awards shall be applied as provided below.

ARTICLE Vil. Protection of Mortqagees.

7.1 Mortga iorities. Any Owner shall have the right from tig to time to mortgage or encumber its Unit by dee of trust, mortgage or other security instrument 7.2 se to Association. Upon request by the Associgten, an Owner who mortgages its ¢ notify the Asso@Btion of the fact that such mortgagee holds a deaf trust or mortgage on a Unit. The s Board shall ggaintain such information in its records. 3 RY 8 Notice of Default: Lapse in Insurance. «2 Association shall notify a mortgagee of a ie angress and the number of the Unit on which it its lien, of any default by the Owner of such

angress and the number of the Unit on which it its lien, of any default by the Owner of such forming such Owner’s obligations, as set fort the Declaration, which are not cured within 30 S i Re written notice to do so has been given. Th sociation, upon written request, shall notify a Rast i, Lien Mortgagee of any lapse, cancellation, or iatetial modification of any insurance policy or fidelity bond Q”° maintained by the Association. ee) Q ee > 9 Ry 7.4 Examination of Boo Upon request, the Association shall permit a Unj Finer and its Xe mortgagees to examine current copi the Declaration, Bylaws, other Rules ronal ey e Project, Ce) and the books and records of the ciation during normal business hours. rs) Ss Sy < 7.5 Reserve Fund, The Association shall establish adequate ae for replacement of Common Elements. The purpose of the fund is to pay for unforeseen expenditures, or to acquire additional equipment for services deemed necessary or desirable by the Board. The initial reserve fund shall be established by collecting at the time of sale of each Unit by Declarant the sum of at least four months’ of estimated com charges for such Unit or at the time control of tag\Property is transferred to the Unit Owners by the rant, whichever is earlier. Any amounts paid } his fund are not to be considered as advanc yments of regular assessments. The reserve fad shall be held in the name of the Association at alldrnes, in a segregated fund under the control of theAssociation. The reserve fund may not be used e Declarant to defray any of Declarant’s expenees, reserve contributions, or g construction oe r to make up budget deficits while ecient egy oon of the Association. When &

reserve fund may not be used e Declarant to defray any of Declarant’s expenees, reserve contributions, or g construction oe r to make up budget deficits while ecient egy oon of the Association. When & unsold Units at sold by Declarant, the Declarant shall be reimbQsed from the reserve fund for any of Ss NN VY VY 0 -® <2 ~O ey Page 21 of (eo) RY RY RY & & Se 1340185 Page 22 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 x gs Oo ox WO Pe 7.6 Agnual_ Audits. Upon written request the Associatigh Shall furnish each First Lien & Mortgagee an ual financial statement of the Association withi 0 days following the end of each s fiscal year Olgas Association upon payment of reasonable copy, charges.

Notice of Meetings. The Association shalrish each First Lien Mortgagee upon ou per, he designation of a representative of such Aten Mortgagee to attend such meetings, one © request to be deemed to be a request for prior Mitten notice of all subsequent meetings of the & $s Bsociation. SS s 3 7.8 Notice of Damages, Destr n, or Condemnation. Upon written request byt, the (ou Association shall furnish a First Lien Mort timely written notice of any substantial dam t partial > destruction of any Unit on which such yah ien Mortgagee holds the mortgage if such losssexceeds $1,000. The same notice shall be timelgNgiven if condemnation proceedings are institute a CS mortgagee's Unit or if specific noticats'a lienholder is required under this Declaration.

&

ch losssexceeds $1,000. The same notice shall be timelgNgiven if condemnation proceedings are institute a CS mortgagee's Unit or if specific noticats'a lienholder is required under this Declaration.

& ) 7.9 Management MNificate, A management certificate, in complianc®with the requirements of TUCA, shall be timely filed with the County Clerk of Brazos County, Texas. A copy of a sample management certificate to be used is contained in Exhibit F and may be modified as needed or required by law, without need to amend.

\ se purpose of exercigfig a Special Declarant Right reserved by Deciaggat. Pursuant to §82.067 (a)(3) of ce) TUCA, any suoamendment will be effective upon: (1) Se A aclarent and (2) compliance with s §82.067(g) AATUCA. Declarant may also amend the pecans as provided by §82.051(c), §82.059(f), RY 82.060 82.067 (a) and (f) of TUCA.

§ ee (a) and (f) o §88¢058(c), or §82.062 of TUCA. Certain Owners m end this Declaration in accordance with Ww "058(b), §82.062, and §82.068(b) of TUCA. No.ghendment will be effective until an original thereghs ly recorded in the Official Public Records. Ss ys Ry ASRICLE Vill. Miscellaneous Provisions.

se This Declaration may be terminated j@Sccordance with §82.068 of TUCA. ge Ry 8.2 Dimensions. The squarg footage, size, and dimensions of each Unit as sApout and Xe shown in this Declaration or on the are approximate and are shown for descriptiv poses only, (e) and the Declarant does not warrantgpresent, or guarantee that any Unit actually coggsins the area,

d Xe shown in this Declaration or on the are approximate and are shown for descriptiv poses only, (e) and the Declarant does not warrantgpresent, or guarantee that any Unit actually coggsins the area, s square footage, or dimensions n by the plat thereof. A purchaser of a Unit sh ave no claim or demand against the Declarant orany other person because of any difference, shortage, or discrepancy between the Unit as actually and physically existing and us as is shown on the Map. The existing physical boundaries of a Unit or of any Unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be in the boundaries, regardless of settling, arising, or lateral movement of the building apgNregardless of variance between the boundaries shown on the Map and those of the Buildings. ‘oy ou ~ 8.3 Ch in Documents. Upon written request, the hola of any mortgage covering any of the Units shall ntitled to written notification from the Associaticgh30 days prior to the effective date g of any change iggtfis Declaration. © & S S 8.4 Notices. All notices, demands or other soe oy Matai to be served upon an Owner \ may be aby ordinary or certified mail, postage prepaid, agj’y personal delivery, in any event Q —~ in the name of such Owner in care of the uO ber and Building address of such Owner, All Ne WO ~O Page 22 of < s nN SX Co x N XN WV 1340185 Page 23 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 \ x a 1S OG notices, demands Sather notices intended to be served upon the Beard of Directors of the Association or & the Associationypay be sent by ordinary or certified mail, postag paid, or by personal delivery, in any s

mands Sather notices intended to be served upon the Beard of Directors of the Association or & the Associationypay be sent by ordinary or certified mail, postag paid, or by personal delivery, in any s event to the management company for the Association, until such “address is changed by a notice of address chee e duly recorded in the Official Public Records Gghrez08 County Texas. oS CO S , theprovisions or application of this Declaration shal vail. x S WY vrovisi . ys 8.6 invalidation of Parts. If any of thé provisions of this Declaration or any section, 3S sentence, clause, phrase or word or the appligation thereof in any circumstances is invalidated (ou declared unenforceable, such invalidity sh t affect the validity of enforceability of the re er of this : > Declaration and the application of any p ions, section, sentence, clause, phrase, or wo any other eS circumstance shall not be affected ther@sy. . oe s 8.7 Omissions. In theSvent of the omission from this Declaration of a ord, sentence, clause, provision, or stipulation Wich shall be necessary for the accomplishment oe intent and purposes of this Declaration, then such omitted matter shall be supplied by inference and/or by reference to the Act.

8.8 Consent of Mortaagee. The financial institution holding a first¥jen on the Property at the time of recordation of nie laration consents to the creation of the Declagagn, as set forth in Exhibit G.

ro x eo ARTICLE IX. Sale, Leasing or Other Aliengtss n. ¢ ce) © ce) 9.1 Sale or Lease. [INTENTIONALLY DELETED] s C ou

, as set forth in Exhibit G.

ro x eo ARTICLE IX. Sale, Leasing or Other Aliengtss n. ¢ ce) © ce) 9.1 Sale or Lease. [INTENTIONALLY DELETED] s C ou pliance with all applicable building codes and ommances and that such improvements be of a qu at is consistent with good construction and dev@spment practices for similar projects. Neverthelggs; i, disputes may arise concerning the existence of defects in a Unit or the Building and the Declarant's OG pertaining to construction defects amicablgjand without the necessity of time-consuming an stly Ry litigation. Declarant hereby reserves the@ght and easement for itself and any successor Qrpssign to Xe inspect, repair and/or replace defects, any Unit, Building or any improvement. ra e) s (a) BindingMbitration. In the event an Owner asserts or alee a claim for damages for any alleged defect If the construction or design of the Unit, the Buildirtg or any improvement, or any personal injury, survival, wrongful death or damage to goods which was caused by any defect associated with construction or design of the Unit, Building or any improvement (collectively, an “Owner Dispute”), then the Owner will be obligated to arbitrate the Owner Dispute unless Declarant specifically waives arbitration in writing 4 the event of a waiver by the Declarant, there shaW be no obligation to arbitrate the Group Disp) Declarant may, by summary proceedings (e.q-,@"plea in abatement or motion to stay further eedings), bring an action in court to compel arbxpation of any Owner Dispute not referred to arbitr as required by this Section 10.1. P RG

oceedings (e.q-,@"plea in abatement or motion to stay further eedings), bring an action in court to compel arbxpation of any Owner Dispute not referred to arbitr as required by this Section 10.1. P RG Governing Rules. Each Owner Dispute ll be resolved by binding arbitration & Arbitration ociation, and, to the maximum extent applicablaythe Federal Arbitration Act (Title 9 of the \ United Ya Code). In the event of any inconsistency bepgen this Section 10.1 and such statute and S wv ro Page 23 ee ©) \ rh) gs 3 GC ou e) N XN WV NS od < Ss & N Lo eS RS > x R re) VY A A sea rights and remedies relating to (1) exer 1340185 Page 24 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 SS 3 Oo oy D> N oO Lo rules, this Sectio .1 shall control. Judgment upon the award rengered by the arbitrators will be binding & and not subjec, ppeal, but may be reduced to judgment in any gourt having jurisdiction. Ss of Declarant or any Owner, and ou) Declarapt and such Owner shall have the right during an, angi or preliminary remedies, judicial or otherwis pratecting upon any property, real or personal, whic b wner Dispute, to seek, use, and employ the purposes of realizing upon, preserving, or, oe involved in an Owner Dispute, including, witho g self-help remedies (including set-off rights) & } taining provisions or ancillary remedies such a¥injunctive relief, sequestration, attachment, garnishment, or the appointment of a receivep4om a court having jurisdiction before, during, or after the

taining provisions or ancillary remedies such a¥injunctive relief, sequestration, attachment, garnishment, or the appointment of a receivep4om a court having jurisdiction before, during, or after the pendency of any arbitration. The institutio maintenance of an action for judicial relief or ait of provisional or ancillary remedies or exergigé of self-help remedies will not constitute a waivepef the right of any party, including the plaintiff, to sgysfnit the Owner Dispute to arbitration nor render p@Pplicable the compulsory arbitration provisions h é (d) Statute | Limitations. Any statutes of limitation that wouddbtherwise be applicable shall apply to any arbitration proceeding under this Section 10.1.

exercisegfary rights under, this Section 10.1 will limit per ~ (e) Arbitrators. Unless the parties to the arbitration agree in writing to the contrary, all arbitration proceedings shall be arbitrated by a panel of three arbitrators, whigh shall be appointed by the American Arbitration ciation in accordance with its procedures. S& (f) DSco e of Award: Modification or Vacation o ~ ard. The arbitrators shall ce) any remedy or r that the arbitrators deem just and equitable andQ@vithin the scope of this Section 10.1. The arbigtors may also grant such ancillary relief as is neg@ssary to make effective the award. In s all arbitrationyproceedings in which the amount in controversy axceeds $50,000.00, in the aggregate, the procee s in which the amount in controversy exceeds ,000.00, in the aggregate, the parties shall (ou

e procee s in which the amount in controversy exceeds ,000.00, in the aggregate, the parties shall (ou have ‘geeccition to the limited statutory right to seek vacgvon or modification of any award that is based in, > Ww ‘or in part, on an incorrect or erroneous ruling w by appeal to an appropriate courthaving © jugsdiction; provided, however, that any such application for vacation or modification of an award bas an incorrect ruling of law must be filed in a caygfhaving jurisdiction over the Owner Dispute withi days from the date the award is rendered. The arbitrators’ findings of fact shall be binding on all patties and shall not be subject to further review exh as otherwise allowed by applicable law. & (g) Other Matters.

hereunder shall be concluded within e, days of the filing of the Owner Dispute for arbjtr@yon by notice from either party to the other. ArbitraNon proceedings hereunder shall be conducted in&e city of the Regime’s location. Arbitrators s € empowered to impose sanctions and to tak Beh other actions as the arbitrators deem necessary ff the same extent a judge could pursuant to the eral Rules of Civil Procedure, the Texas Rules of Civil Procedure and applicable law. The arbitrators shall have the power to award recovery of all costs and fees (including attorney's fees, administrative fees, and arbitrators’ fees) to the prevailing party. Each party agrees to keep all Owner Disputes and arbitration proceedings strictly confidential, except feXdisclosures of information required in the ordinggx course of business of the parties or by applicable la@&r regulation. In no event shall any party discu ith the news media or

confidential, except feXdisclosures of information required in the ordinggx course of business of the parties or by applicable la@&r regulation. In no event shall any party discu ith the news media or grant any interviews wi e news media regarding an Owner Dispute ordgsle any press release regarding any Owneieepute without the written consent of the other pees to the Owner Dispute.

ES 10.2 clarant’s Right to Cure Alleged Defects-Clai +. the Association. & \ (a) Easement. In the event that the Assqgiation claims, contends or alleges that any RY portion ee Unit, Building or any other improvement is defgftive, or claims, contends or alleges that Decay ’ its agents, consultants, contractors or subconyé ors (collectively, “Agents”) were negligent or VY ° e Ye) ey Oo Page 24 of x x the maximum extent practicable, an arbitrationyoceeding ) te) S S Ss A.

se et mS > 1340185 Page 25 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 ge gs OC oy x OD WO ey are otherwise lia Ss: defects in the planning, design, engineering §ading, construction or other & development o€3N or any portion of the Unit, Building or any othersNMprovement (collectively, an “Alleged ys Defect’), Declarant hereby reserves the right and easement for,itself and any successor or assign to inspect, rege and/or replace the Alleged Defect as provided < his Section 10.2. 3S © of DAileged Defect, deliver a written notice (the "Ngaiae of Alleged Defect”) to Declarant which shall,.oy inde all of the following: PS ¥ (1) A preliminary istyfRiieged Defects (the “Preliminary List of Alleges?

RY efects”);

ritten notice (the "Ngaiae of Alleged Defect”) to Declarant which shall,.oy inde all of the following: PS ¥ (1) A preliminary istyfRiieged Defects (the “Preliminary List of Alleges?

RY efects”); $F the results of a surveyor questionnaire eae, to the Se (2) Asumm a survey > Members of the Association to determingNhe nature and extent of the Alleged Defects, if SiS ey has been conducted or questionnaire, been distributed; and . > Ss (3) gf a summary of the results of testing conduct determine the nature and extent of the Alleged‘Wefects or the actual test results, if such testing hae been conducted.

(c) Settlement Period. The Notice of Alleged Defect shall, upon delivery to Declarant, commence a period of time not to exceed 60 days, unless the Association and Declarant agree to a longer period, dugg which the Association and Declarant shall attegypt to settle the dispute in accordance with the provistiis of this Section 10.2. re) ~ V Loe se This Declaration ofSvenants, Conditions, and Restrictions for Amityg8ndo Building, a Condominium is g made as a correagén declaration in substitution of the document titlg@ "Declaration of Covenants, ce) Conditions, an&Xestrictions for Amity Condo Building, a Condonwlum” (“Corrected Declaration’) dated s July 31, 2018&and recorded in Book 1, Volume 14862, Page 2Q Official Records of Brazos County, Texas, to erect the following information: Several componeges of the Declaration where inadvertently x left out gdhe original recorded Declaration. Other than G5tated correction, this Declaration is intended .O rel back to the effective date of the Corrected Dagiitation. < \) s Ss SX SX se oo Oo oO

rel back to the effective date of the Corrected Dagiitation. < \) s Ss SX SX se oo Oo oO & IN WITNESS WHEREOF, this Declafation has been executed Effective July 31, 2018 Ss Ss Co 7 DECLARANT: WESTFIELD DEVELOPMENT, LLC, a Texas Limited Liability Company > By: LAWRENCE F. GUSEMAN, III, Mange g Member .o oO | & & g Ss bln. gi Glle—S Ss 3S BY JOHN CALEB VENABLE SNR. Managing Member \ oO oe Co RY RY > ue Ae & eS Page 25 of se et BD > BD 1340185 Page 26 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 Unofficial Copy Unofficial Copy Unofficial Copy STATE OF TEXAS COUNTY OF BRAZOS 5392 cos cossos cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff day of SR 2018 , by This instrument was acknowledged before me on this LAWRENCE F. GUSEMAN, III, Managing Member, of WESTFIELD DEVELOPMENT, Limited Liability Company, on behalf of said limited liability company/ TARY PUBLI OF HANNAH SOLOMON Notary Public, State of Texas Comm. Expires 06-28-2022 Notary ID 131625339 THE STATE OF TEXAS COUNTY OF BRAZOS တာတ This instruenCopy Hurl Notary Public State of Texas I was acknowledged before me on this a Texas ay of SEPTEMBER, 2018, by JOHN CALEB VERABLE, SR., Managing Member, of WESTFIELD DEVELOPMENT, LLC, a Texas Limited Liability Company, on behalf of said limited liability company.

Unofficial Copy Unofficial Copy HANNAH SOLOMON Notary Public, State of Texas Comm. Expires 06-28-2022 Notary ID 131625339 ial Copy Unofficial Copy Unofficial Copy 4th Unofficial Copy unofficial Copy Notary Y State of Texas Cal Copy Unofficial Copy Unofficial Copy

tate of Texas Comm. Expires 06-28-2022 Notary ID 131625339 ial Copy Unofficial Copy Unofficial Copy 4th Unofficial Copy unofficial Copy Notary Y State of Texas Cal Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff Page 26 ial Copy Unofficial Copy Unof Ss RS °, °, oO Xe & > Oo Xe 2) & > A.

1340185 Page 27 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 RY RY Oo > < we oe SCHEDULE 1.0 - DEFINITIONS) S (See ARTICLE!) WS 1 Ae Agents. “Agents” is defined in Section 10.269) S F.2 Alleged Defect. “Alleged Defect’ is defgted in Section 10.2(a). .

1.3 (e) Allocated Interest. “Allocated Intep@st” means a unit’s owner percentage of PS Peponeiilly for the Common Expense liability, anProtes in the Association allocated to each Unit ¥ ch n b it's Allocated Interest in Common Expense liabmity is allocated in Section 3.1 in accordance with Exhibit C.

Voting is allocated to Units in SectiGh 4.5 and Exhibit C Se ~ t ~ ommittee. “Architectural Control Committee” sion mean the Board to review and approve or disapprove of Sstruction, uildings as provided in this Declaration. Ss 1.5 Association. “Association” shall refer to the “AMITY CONDO BUILDING Condominium Owners’ Association, Inc.” References in this Declaration to an act being undertaken by the Association means by act of the Board of Directors of the Association or its officers.

\ 1.6 Board o rd of Directors. “Board” or “Board of Directage shall refer to the Board of Directors of the Assosiation. > oni e 1.7 Boeiidary Designation. “Boundary Designation” nieans the notice required to be filed pursuant to this laration designating and describing the horizonxgPand vertical boundaries of the shell

1.7 Boeiidary Designation. “Boundary Designation” nieans the notice required to be filed pursuant to this laration designating and describing the horizonxgPand vertical boundaries of the shell of the Building Mild on each Building Site. Attached hereto as Exp)bit B is a form of Boundary Designation x ge Rc) Building Envelope. “Building Envelopa’@eans the portion of the Regime, both vertical alterations, and modifications to t no se > and We&zontal limits as specified in Section 2.1(b) ands@picted on Exhibit B, within which the Building Ro ndaries so designated in accordance with the isions of Section 2.1 (b) and Section 3.8 of thigo Weciaration or by Declarant in exercise of the Spepla! Deciarant Rights. »S 2.

1.9 Building Site. “Building Sj S\neans the portion of the property, the horizon to vertical boundaries of which are designate&Uin Exhibit B, upon which the Unit Owner thereo{ construct the Building for the Unit Own Unit. Each Building Site may not be expande tside of the boundaries so designated in accord with the provisions of Section 2.1 (b) and Seggioh 3.8 of this Declaration or by Declarant in exerg of the Special Declarant Rights. © 4.10 Building. “Building” shall refer to the buildings containing the fouNtnits identified on the map of the Project attached as Exhibit B.

4.11 Common Assessment. “Common Assessment’ means the charge against each Owner of a Unit and its Unig its allocable portion of the Common Expensegss 9° © 1.12 Commapn Expenses. “Common Expenses’ means ant dude (a) all expenses incurred by the Association for oting the health, safety, welfare and recreation of Owners of the Condominium Units and in partig@ér for the administration and

xpenses’ means ant dude (a) all expenses incurred by the Association for oting the health, safety, welfare and recreation of Owners of the Condominium Units and in partig@ér for the administration and management, ership, maintenance, operation, repair, replac t, or improvement of and addition to the portions of Me Building that are to be maintained by the Assotfation (including unpaid special assessme nd amounts assessed to maintain a reserve fogteplacement fund and to cover costs incurred e Association to participate in any condemnaik suit, as provided in Section 6.3); and * °, fe) eo) A.

RY es > > & 9° ~ NX VY no me 3° & eS Page 27 oe ys 1340185 Page 28 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 RY RY S SX 9 expenses declared to be Common 7 provisions of this Declaration or & by the Bylaws te Association. Ss ys ae Completed Unit. “Completed Unit” means apbmpletely finished Unit, including, but not 3S limited t e installation of all appliances and utilities, ren¢ging it ready for occupancy by an Owner CO other ten the Declarant. RS . > & 1.14 Condominium Unit. ‘CondominiugpUnit’ shall mean an individual Unit, as defined | fis Schedule. Ss s ou 1.15 Declarant. ‘Declarant’ sienean WESTFIELD DEVELOPMENT, LLC, a 85 . > Limited Liability Company or its SUCCEASOTS or assigns, as the developer of the Project Ay condominium under the Act. ey .O & ‘S S Ss 1.16 Declaration. “ ration” or "Condominium Declaration" shall ge this Declaration of Covenants, Conditions and R@strictions as amended from time to time.

1.17 First Lien Mortgagee. “First Lien Mortgagee’” shall mean the holder of a purchase-

m Declaration" shall ge this Declaration of Covenants, Conditions and R@strictions as amended from time to time.

1.17 First Lien Mortgagee. “First Lien Mortgagee’” shall mean the holder of a purchasemoney vendor's lien or construction money mortgage or deed of trust lien voluntarily granted on any Unit in the Project recorded befog&\the date on which the Assessment sought to be exforced becomes delinquent under the De ion, Bylaws, or Rules and Regulations (“First on Mortgage”). Funds advanced under a “= n Mortgage for purposes in addition to peers, oney or construction also shall have priority oye e lien securing Assessments. P ey ES & g 1.18 YSurable Interest. “Insurable Interest” is define Section 4.6(a).

\) “ Ss 1.194 AMITY CONDO BUILDING. “AMITY CONDO.QUILDING?’ is defined in the Recitals. \ rey a ; “RRgiecct a) » . i) x20 Majority of Unit Owners. “Majority of uyfie Owners means those Owners which at the VY ce) 1.21. Map or Plan. “Map” or "Plan" me or includes the engineering survey of the land, & Mating thereon all of the improvements, the flo d elevation plans and any other drawing or diagrammatic plan depicting part of, or all of, the improvements, a reduced copy of which is attached as Q”° Exhibit B. The large, original Map is recorde s Plat Records of Brazos County, Texas. Q a CG & Ro 1.22 Notice of Alleged Dotght “Notice of Alleged Defect’ is defined in Sectign 10.2(b).

& 1.23 Occupant. “Occu sr means a person or collectively the persons inddssession ofa Ss Unit at the relevant time, regard of whether said person is a Unit Owner, lessegyer otherwise.

1.24 Owner. “Owner” means a person, firm, corporation, partnership, association, trust, or

session ofa Ss Unit at the relevant time, regard of whether said person is a Unit Owner, lessegyer otherwise.

1.24 Owner. “Owner” means a person, firm, corporation, partnership, association, trust, or other legal entity or any combination thereof, including, without limitation, the Declarant, who owns, of record, fee simple title to one.or more Units in the Project. 4 1.25 Owner pisSute. “Owner Dispute’ is defined in Section sola) 1.26 Regigte. “Regime’ or “Condominium Regime’ shall rgsan the Land, improvements, and Units, which com the condominium regime established by this Pelaration. & ‘yy ‘yy 1.27 Rules and Regulations. “Rules and Regulation?’ shall mean Rules and Regulations Ss adopted bye Declarant or Board of Directors concerning thg4management and administration of the \ Regime e use and enjoyment of the Owners. The Rylagsand Regulations may be amended from re) time toxymMe by the Board (without amending this Declaration). VY RG O x Xe Be Page 28 oe ce) ce) ce) Se S S 1340185 Page 29 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 gs g C ox e e § 1.28 iat “Plat” means the survey attached hereto agxhibit B. ys 128 Preliminary List of Alleged Defects. "Preligghary List of Alleged Defects’ is defined 3S Sectj 0.2(b GC in 4). ou no 1.30 Property, Project or Premises “Pr y,” “Project,” or “Premises” means and ~O inddes in the aggregate the land, the Buildings an¢pll improvements and structures thereof and ther, Sluding, without limitation, and all rights, easemefis, and appurtenances belonging thereto. s ay 1.31 Resale Certificate. "Resalagertificate is defined in Section 5.11. 3 © ce)

ures thereof and ther, Sluding, without limitation, and all rights, easemefis, and appurtenances belonging thereto. s ay 1.31 Resale Certificate. "Resalagertificate is defined in Section 5.11. 3 © ce) . > 1.32 TUCA. “"TUCA’ is defingsin the Recitals. WV s constructed, or to be constructedydNthe Building within a Building Envelope as sho ah the Map. The actual physical boundaries of th€SBuilding shall be conclusively presumed to be théproper boundaries of a Unit, regardless of variances between boundaries shown on the Map and the actual boundaries of such Building.

PS 1.33 Unit. “Unit” or ce the respective portion of the Building of each SWner which is ip of each Unit shall further include the interior struction, partitions, ovements that are intended to serve exclusives ch Unit space, such as verings or finish, closets, cabinets, shelving, i dual fixtures, plumbing and appliances, individua ting and electrical fixtures, and other separats sims of personal property exclusively servings@uch Unit, any of which may be removed, replacadefepased of, or otherwise treated g without affectin other Unit or the ownership, use or enjoymen reof. The individual ownership of S each Unit shalNarther include the air conditioning compressor, toga her with all pipes, ducts, electrical S wiring, cong. and any other equipment connected thereto canstructed.

The individual own appliances, fixtures, and 4 ‘interior room walls, flog D ation. The definition of Unit in this Section ov es the definition of “Unit” as set forth in § 82.098 CA. fe) ce) Ss Ss oO re) fre horizonta! and vertical boundaries of each U Kére set forth in the Plat and Plans attached to VY the eeeration as Exhibit A and Exhibit B, as anon time to time in accordance with the 2 2 ~& .

ce)

and vertical boundaries of each U Kére set forth in the Plat and Plans attached to VY the eeeration as Exhibit A and Exhibit B, as anon time to time in accordance with the 2 2 ~& .

ce) RY RY RY oe oe > BD 1340185 Page 30 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 RY RY x ~ Oo oO & SCHEDULE 3.4 - USE RESTRICTIGNS S (See Section 3.4)) (1) 3S Nuisances and Safety. No unsafe, noxious, afensive, or illegal activity, or odor is permitt Ke the Project. No activity shall be conducted one property which in the judgment of the Board.g@Directors might reasonably be considered as anmpying to neighbors of ordinary sensibilities, or loug$peakers or flashing lights shall be allowed. No @stson may do anything that will increase insuran s for the Project without the prior written cons f the Board or which may cause such < improvements to be uninsurable or which may caUSe any policy to be canceled, or suspended or ~) 3 materially modified by the issuing company. g \ oe 9 x . > (2) Noise. Condominium unjNowners and occupants shall refrain from playing tos, (s) their condominium unit. Doors and ows must be shut when playing televisions, stat@os and similar Ss sound equipment at sound leveis cted to by any unit owner, tenant, or manageryee representative.

(3) Signs. All signs must comply with the City of Bryan Downtown exterior signage regulations. All signs must be submitted to the Architectural Control Committee for approval prior to

representative.

(3) Signs. All signs must comply with the City of Bryan Downtown exterior signage regulations. All signs must be submitted to the Architectural Control Committee for approval prior to installation. All signs must be lit by the Association supplied exterior light fixtures, which is paid for and tied into each unit’s electricaktgeter. Said sign must be lit from dusk until 1 AM_for rent” signs and all other signs are absolutely @bhibited and may not be exhibited anywhere in roject, including from the interiors of the units, exsept an 18 inch “for sale” sign may be displayed imgbeation approved by the Board. Board membgtand management company representatives ma«enter, without prior notice, and remove and throw aay such signs. The foregoing shall be subject t clarant’s rights reserved under this Peclaravong © (4) .\ Window Coverings. Exterior window coverings must be solid color fabric roller shades and appr ma by the Architectural Control Committee. All expggor awnings must be approved by the ATEHIIES al Contro! Committee prior to being placed on Qos ings.

e, e Ye) e, oO ( ways, stair landings, parking lots, or other Coy n Areas. Nothing may be stored in Common VQkcept in areas approved by the Board. S s 2.

SX > (7) Parking. As the Condgtiniums have no parking spaces, all parking shalhpe in & conformity with the City of Bryan Ordggbrice. WO ©) cS () Ss (8) Anti-Theft Alar [INTENTIONALLY DELETED] RS (9) Towing Illegally Parked Vehicles. Vehicles parked in violation of Association rules may be removed and stored without permission of the vehicle’s owner or operator. Notice and removal shall be in accordance with statutory requirements. A Unit Owner is liable for all costs of towing illegally parked

tor. Notice and removal shall be in accordance with statutory requirements. A Unit Owner is liable for all costs of towing illegally parked 9° (6) Vehicle Repair. [INTENTIQRALLY DELETED] ay fe) (10) Trash;Garbage or trash may not be stored or thrown out the disposal areas provided for such purposes aS must be stored inside the unit or in the alley ing ity provided receptacle.

(11) pst Control. The Association does not have reqgeptsliltice for pest control inside units.

However, the Association shall have the right to enter and exterrfwaate an owner's unit, at the owner's expense, ifgre owner's failure to control pests inside its unit lawvernely affecting other units.

ox ou ~ yy AC 5) Storage. No property may be arege poral or permanently on sidewalks, Paton?

Agas ce) “) ©) A S * ne oO oO oS ee Page 30 ee vs 1340185 Page 31 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 °, Py (@) (12) Aygnnas. No exposed exterior television or radio Sennas or satellite dishes may be installed anyw on the Project unless applicable law requires Qkferwise and then only in strict accordance wih rules and regulations promulgated by the Boarg.

ey) No Alterations. Except with the written cap Shht of Declarant or 67% of the Association membess, no Owner or other person shall make any altergtion, modification, or improvement to the exigegt of the Building. PS oO ermitted on the Project. 4 S \ (15) Care During Construction Rr Owner who is having a Unit or other structu rked

o Drilling. No drilling, digging, ageFrying, or mining operation of any sort shall be © ermitted on the Project. 4 S \ (15) Care During Construction Rr Owner who is having a Unit or other structu rked on, repaired, or remodeled shall take re able and necessary precautions to prevent da e to the Common Area (including any streets) éyised by construction companies, workmen, sup ie, or service companies working on or delivering erials to or removing materials from the work sitNn the Owner's Unit. Such Owner shall be liable e Association for any damages to the Commongtea and for costs of cleaning up or replacing prop in the Common Area destroyed or damaged byguch construction companies, workmen, suppliers, or service companies. Such Owner shall be liable to the respective Unit Owners for any damage to another Owner's Unit and for any costs of cleaning up or replacing property which may be destroyed or damaged by such construction companies, workmen, suppliers, or service companies and the rotor eel shall have the right to repair such damage at tha Association’s expense, in which event the cost o ir shall be owed to the Association by the Uni ner who caused the damage or whose ie: tion company, workmen, suppliers, or service agrieany caused the damage.

> ox eo) (17) Sriminal Activity. While on the condominium prepeet, no person may violate any criminal laws, health godes or other applicable laws. RY Q JOfeENTIONALLY DELETED] 3 Persons Who May Use Common Area sc SS ev (19) Rules and Regulations. All peracngerel comply with the Association’s Rules and ro Regulation as provided in Section 4.4 and in Exhibip , aS amended from time to time. ts) \) S Ss ra ro Page 31 of ee e) Ce) (s)

Regulations. All peracngerel comply with the Association’s Rules and ro Regulation as provided in Section 4.4 and in Exhibip , aS amended from time to time. ts) \) S Ss ra ro Page 31 of ee e) Ce) (s) Co SX ~ oe > OD Unofficial Copy official Copy Unofficial Copy FOUR ACCORDING (4) AND FIVE (5), BLOCK ONE TO THE THEREOF PLAT BRAZOS COUNTY, TEXAS.

RECORDED Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 1340185 Page 32 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY HUNDfficial Copy Unofficial Copy FORTY (140), CITY OF BRYAN, "H", PAGE € 721, DEED IN VOLUME Unofficial Copy official Copy Unof Unofficial Copy Unofficial Copy Unofficial Copy ial Copy Unofficial Copy Unofficial Copy ial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff Page 32 of ial Copy Unofficial Copy Unof 1340185 Page 33 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 Unofficial Copy Unofficial Copy Unofficial Copy LOT J ALLEY LDI 4 EXHIBIT "B" Unofficial Copy Unofficial Copy Unofficial Copy xino LOT UNIT 1 (231030, Ft.)

2640 ACRES (12,500 SQ FT) | UNIT (1,445 SQ. FT.)

Unofficial Copy. Unofficial Copy Unofficial Co BLOCK 130 CITY OF BRYAN HPC 21 R.P.R.B.C.)

NORTH PARKER AVENUE (100' ROSE) Onofficial Copy Unofficial Copy Unofficial Copy WEST 26TH STREET (100 Ram) NG DA 107/15/15 REVISIONS DESCRIPTION DATTALS REVISED TO DION NORTH BUILDING UND DS jal Copy Unofficial Copy Unofficial Copy The UNIT (SQ. FT.J SAD Twich station then fretting in H money mas pande mattone for heataht of a mapagtaas solo misse va vikne enterta Tilly Will 31, he of the hot

Copy Unofficial Copy Unofficial Copy The UNIT (SQ. FT.J SAD Twich station then fretting in H money mas pande mattone for heataht of a mapagtaas solo misse va vikne enterta Tilly Will 31, he of the hot cal copy Unofficial Copy Unoff GRAPHIC SCALE Table Linen Lang (IFT) 110, Hr34 " 13 AZW LB ப MAS 13 Y L 建货病时 " LIG ELSEY 41 L ES 200 0.0 AN NOT THE MOMENT: ELÄMMENT, LLË 1JTHETTY THAT THEY WHEN AP THE PLAT AND THAT THEY PRICIOUS THE FACTS FOLD AT THE TIME OF AURAY CUT THE SPECIFICATIONS FOR A CATSOONY COCOONVITE AND THAT THEY FOR THE IN CART NO HAS PERNORATED PESTED 04 COPY THEY DREPTAS NECENT CONTION THE DOWNL INCTION PICHNET DRIED FROM THE BAT Unofficial Cop Unofficial Copy Unoff PLAT SHOWING A TITLE SURVEY OF A 0.2040 ACRE TRACT OF LAND BEING ALL OF LOT 4 & LOT 5 BLOCK 140, VOLUME "H". PAGE 721, BRAZOS COUNTY, TEXAS.

DATE: 05/10/2018 REVISED: 07/ SCALE: 1' 10' COMACHT 201 Thomas Land Surveying 14340 Terrey Chase, Salte 70 Houston, Tem 2014 PHONES C) 440-7730 FAC (281) 440-7737 Anohanson durveying.com Firm Registration No. 100-45800 Ex bor brothe STICHT youth paltoraty Auto 11, 2017 CREATEADOROW HOLBROOK TA --- had a ddala jal Copy Unofficial Copy Unofficial Copy ial Copy Unofficial Copy Unof Page 62 A.

Ss inspection of the same, other t 1340185 Page 34 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 RN RN Lo Lo & ES Ss SURVEYOR’S CERTIFICAYS TO: Ayties and their lenders and title companies ge | rere oat to the above persons, their successors apt assigns, thaton uly, Ft &, Items Depicted. The Survey depicts areyd in matters the following: and correctly shows the ma listed in paragraphs A 2-10 below, and is an on-the-ground instrumen Condominiums" (the "Sayvey’) of the premises (the "Property') was con my direction accordi

he following: and correctly shows the ma listed in paragraphs A 2-10 below, and is an on-the-ground instrumen Condominiums" (the "Sayvey’) of the premises (the "Property') was con my direction accordi land boundaries of, Condominium A hapter 82 of the Texas Property Code.

local professional practices. The Survey sh aC condominium as required by §82.059 of the Tatu Ss t@fPVey titled "Condominium Plat of 1604 Copperfi , 20 18: , eS © 1. Survey. This survey was mad ~) the ground as per the field notes shown on this Survey rate ed under perimeter Uniform 2. Correct. The Survey, the information, and the metes and bounds description, including courses and distances shown thereon, are correct. The survey correctly shows (i) the boundaries and areas of the Property and the location and type of improvements thereon atters of record (or of f record) affecting the Propepy, {iii) all abutting dedicated public streets roe cess to the Property (if any); (ii) location of all rights-of-way, easement and ot which | knowledge or have been advised, whether 1 og r with the width and name thereof.

3. genuments Ail monuments shown on the sng Soa exist, and the location, size nd type of materials thereof are correctly a“ \ i& Boundary and Possession Lines. The yidtes and lines of actual possession of the . > Property are the same, except as SHOMN, WO lanes, driveways or uses affectin shows the location of all easeyents serving or burdening any portion of the condominium, and the logge of any underground utility line that is actually the Surveyor at the times ling the declaration to have been constructed recorded easement. Lo ran eS. Easements. There are no easement fights-of-ways, old highways or abandoned roa o Property appearing from a careful physical

ling the declaration to have been constructed recorded easement. Lo ran eS. Easements. There are no easement fights-of-ways, old highways or abandoned roa o Property appearing from a careful physical hose shown and depicted on the Survey. Theghvey y een by eS 6. Encroachments.—Xcept as shown on the Survey, there are no vendo -ground erty; visible above ground encroachments on adjacent property, or roads by any improvements on the encroachments pon the Property by improvements on adjacent Property.

ches Conflicts. acer as shown and specifically identified as such o no no visible repancies, conflicts, shortages in area or BOUT n the Survey, there are line conflicts.

Se 8. Ease os All recorded easements and other exceptigps, if any have been correctly ae on the survey. ro oe) 9. SUtility improvements. The Survey shows the oe on of any visible telephone, n telegraph, electric or other power lines, wires KN oles on the Property.

er Improvements. The location and cere of any vertical Unit boundaries not shown Ro or projected on recorded plans and the ae" & iS Ss RS $’ identifying number. The location, with Page 34 ye © J.

Ss no oe > = RY x § vs 1340185 Page 35 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 ge cS VY VY ragetince to established data, of any horizontal Unit ggstindaries not shown or projected ¢ -) ecorded plans and the Unit’s identifying numb he distance and bearings locating ach building from all other buildings and from ast one boundary line of the real ys roperty constituting the condominium.

RY properly g 3s RY 9° x & B. .O Survey Criteria. This Survey conforms to tie eee standards promulgated by the Texas RS we Board of Professional Land Surveying and nO nforms to the current Texas Society of

g 3s RY 9° x & B. .O Survey Criteria. This Survey conforms to tie eee standards promulgated by the Texas RS we Board of Professional Land Surveying and nO nforms to the current Texas Society of (s) Professional Surveyors Standards and Spesvications for a Category 1A, Condition | Land Tit s Survey. This Survey contains all infor required to be shown on a condominium pla er 4 §82.059 of fhe Texas Uniform Condorginium Act, Chapter 82 of the Texas Property Code.

& oO Oo eS Ss Titamas Land Surveying Se Se [SEAL] ByNJim Thomas, Surveyor rs) 40 Torrey Chase, Suite 270 Ss ouston, Texas 77014 Phone: (281)440-7730 Fax: (281)440-7737 Email: [email protected] TBPLS Firm No. 10045800.\ Ss O N THE STATEQ# TEXAS § Xe § COUNRAOF BRAZOS § Sa \ MAS, Registered Professional Surveyor, No. 9 in the State of Texas.

Y Y / PN. ST I KAREN A STAGGERS § Notary Public State of Texas ID # 13143791-6 My Comm. Exp. 02-05-2022 1340185 Page 36 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 Unofficial Copy Unofficial Copy Unofficial Copy 4 Address 100 N. Parker, Suite 114 100 N. Parker, Suite 112 302 West 26th Street 300 West 26th Street EXHIBIT C PERCENTAGE OF RESPONSIBILITY OF COMMON 21% Percentage of Common Expenses 1 15% 1 24% 1 40% Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy, Unofficial Cory Unofficial Copy Unofficial Copy Unofficial Copy Unoff Unofficial Copy Unofficial Copy Unofficial Copy jal Copy Unofficial Copy Unofficial Copy NDO BUN ial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff Page 36 of al Copy Unofficial Copy Unof Form 202

y Unofficial Copy NDO BUN ial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff Page 36 of al Copy Unofficial Copy Unof Form 202 1340185 Page 37 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 Unofficial Copy EXHIBIT "D Copy Unofficial Copy Secretary of State P.O. Box 13697 Austin, TX 78711-3697 FAX: 512/463-5709 Filing Fee: TEX Nonprofit Corporation Article 1 Corporate Name The fling entity formed is a nonprofit corporation. The name of the entity is: Filed in the Office of the Secretary of State of Texas Filing #: 803069006 07/17/2018 Document #: 825494150002 Unofficial Cop MITY CONDO BUILDING, CONDOMINIUM OWNERS' ASSOCIATION, INC.

☑ A. The initial registered agent is an Article 2 - Registered Agent and Registered Office B. The initial registered agent is an Name: JOHN C VENABLE Street Address: for Web Unofficial Copy Unofficial Copy Unof on (cannot be corporation named above) by the OR resident of the state whose name is set forth below: C. The business address of the registered agent and the registered office address is: fficial cop TX 77803 A. A copy of the consent of registered agent is attached.

B. The Γ.Α.

Consent of Registered Agent OR exc. 3 he registered agent is maintained by the entity.

are set forth below.

Article 3 - Manage of the affairs of the corporation is to be "Unofficial Unofficial Copy 9d solely in the members of the corporation.

W Management of the affairs of the corporation is to bevested in its board of directors. The number of directors, Copy Unofficial Copy Unoff must be a minimum of three, that constitutes the initial board of directors and the names and addresses of the

o bevested in its board of directors. The number of directors, Copy Unofficial Copy Unoff must be a minimum of three, that constitutes the initial board of directors and the names and addresses of the persons who are to serve as directors until the first Unofficial Copy Director 1: JOHN C VENABLE Address: 302 W. 26TH ST. BRYAN.

Director 2: PETE KRAMER Unofficial Condual meeting or until their successors are elected and qualified USA 77803 Address: 100 N. PARKER AVE STE 114 BRYAN TX, USA 77803 Director 3: LAWRENCE GUSEMAN III Address: 100 N. PARKER AVE STE 112 BRYAN TX, USA 77803 Copy Article 4 - Organization Structure A. The corporation have members.

or Title: Title: Un Title: Director ☐ B. The corporation will not have members.

Article 5-Purpose al Copy Unofficial Copy Unofficial Copy The corporations organized for the following purpose or purposes: CONDOMINIUM OWNERS' ASSOCIATION al Copy Unofficial Supplemesions / Information al Copy Unofficial Copy Unoff 1340185 Page 38 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 Unofficial Copy [The attached addendum, if a is incorporated herein by reference.] Effectiveness of Filing Unofficial Copy ☑A. This document becomes effective when the document is filed by the secretary of state.

B. Tofficial signing cial Copy Unofficial Copy Unof not more than ninety (90) days from the date of wifeone document becomes effective at a later date, The delayed effective date is: J. FRED BAYLISS Official Copy Unofficial 3000 BRIARCREST DR, STE 302, BRYAN, TEXAS Execution as registered agent has consented to the Unofficial Che name and address of the organizer are set forth below.

undersigned signs this document subject to the penalties imposed by law for the submission a Pa materially false or

nsented to the Unofficial Che name and address of the organizer are set forth below.

undersigned signs this document subject to the penalties imposed by law for the submission a Pa materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument.

The undersigned affirms that the person J. FRED BAYLISS Signature of organizer.

FILING OFFICE COPY Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy al Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff al Copy Unofficial Copy Unofficial Copy al Copy Unofficial Copy Unof jal Copy Unofficial.Copy Unoffi Special Appointments Unofficial Copy Unofficial Copy 7.1 7.2 Powers...

Duties ARTICLE VII!. OFFICERS AND THEIR DUTIES..

8.1 8.2 8.3 Enumeration of Offices...

Election of Officers....

erm.

ARTICLE VI.

6.1 6.2 Special Meetings 6.3 Quorum....

6.4 6.5 Open Meetings Electronic or ARTICLE VII. POWERS AND DUTIES OF THE BOARD.

Meeting Unofficial Copy EXHIBIT E BYLAWS OF Unofficial Copy COPAMITY CONDO BUILDING, CONDOMINIUM OWNERS' ASSOCIATION, INC.

1.1 Official Copy cia ARTICLE II.

2.1 NAME AND LOCATION Name..

DEFINITIONS..

Definitions Table of Unoftents MEETING OF MEMBER Copy Annual Meetings Special Meetings.

ARTICLE III.

3.1 3.2 3.3 Notice of Meetings.

3.4 Quorum...

3.5 Proxies..

3.6 Voting ARTICLE IV.

DIRECTORS.

4.1 4.2 4.3 4.4 E55 5.1 5.2 of Office....

Removal; Resignations Compensation.

Action Taken Without a Meeting Voting Limited Liability and Indemnification...

ELECTION OF DIRECTORS Nomination...

Election.

MEETING OF DIRECTORS Regular Meetings

.

Removal; Resignations Compensation.

Action Taken Without a Meeting Voting Limited Liability and Indemnification...

ELECTION OF DIRECTORS Nomination...

Election.

MEETING OF DIRECTORS Regular Meetings nofficial Copy Unofficial Copy Unofficial Copy ial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff ..51 Page 38 of .49 ..49 .49 .50 .50 .50 .50 .50 .50 222666 286 .51 .51 555 .51 .51 ial Copy Unofficial Copy Unof .49 .49 1340185 Page 39 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 Unofficial Copy Unofficial Copy Unof .48 .48 .48 .48 .48 .48 .48 .48 .48 .49 .49 .49 .49 .49 .49 1340185 Page 40 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 8.5 8.6 8.7 the copy Copy IX.

EX.

XI.

ARTICLE XII.

ARTICLE XII.

ARTICLEXIV.

acancies and Removal Multiple Offices.

Duties.

COMMITTEES BOOKS AND RECORDS ASSESSMENTS..

CORPORATE SEAL.

AMENDMENTS MISCELLANEOUS Unofficial Copy Unof Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy .52 Unofficial Copy Unofficial Copy Unoff .51 .51 .51 .51 .52 .52 Unofficial Copy Unofficial Copy Unofficial Copy ial Copy Unofficial Copy Unofficial Copy MITY CONDO BUN Unofficial Copy Unofficial Copy Unoff cial Copy Unofficial Copy Unofficial Copy Page 39 of jal Copy Unofficial Copy Unof A.

1340185 Page 41 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 RN RN N N oF a SS BYLAWS OF & se ARTICLE |. NAME ANI(PSCATION rs’ Association, Inc.” hereinafter referred to as “Association.”

O ‘Sy ‘\S ~ ARTICLEN. DEFINITIONS 2.1 Definitions. The definitio 3 al terms herein shall be the same as those

|. NAME ANI(PSCATION rs’ Association, Inc.” hereinafter referred to as “Association.”

O ‘Sy ‘\S ~ ARTICLEN. DEFINITIONS 2.1 Definitions. The definitio 3 al terms herein shall be the same as those Declaration of Covenants, Conditions a estrictions for AMITY CONDO BUILDING, a CR8 Brazos County, Texas. Oo ‘9 guiry CONDO BUILDING, CONDOMINIUM owes’ ASSOCIATION, INC.

& &. 1.1 Name. The name of the eee to oaths assoc CONDO BUILDING, Condominium nO ou OD > RS RY into Ac ominium, in “ e aeice il. MEETING OF MEMBERS s 3.1 Annual Meetings. The annual meeting of the members shall be held each year between September 1 and December 31 at a place designated by the Board.

3.2 Special Megiings. Special meetings of the members may be galled at any time by the President or by the Boag @rodios upon written request of a majority nese of its members, or upon the request of onayMember of the Board of Directors where a chan condominium unit is, eguested by anyone, or by members of the Assoctats the Association. Tae piace of the meeting shall be as stated in the ie.

3.3 Motice of Meetings. Written notice of each meeddy of the members shall or at the discgetion of the secretary or person authorized to callghe meeting, by mailing a copy of such notice, pogége prepaid, at least 14 days before such meetingo each member entitled to vote, é addres to the member's address last appearing on th Geoks of the Association for the purpose of O the exterior of a Building or n owning at least 2 Units in be given by, mesisrig, the purpose of the meeting. Such notice sheet deemed to be delivered when deposited in 'd ed States mail addressed to the member at his

Building or n owning at least 2 Units in be given by, mesisrig, the purpose of the meeting. Such notice sheet deemed to be delivered when deposited in 'd ed States mail addressed to the member at his such meeting shall also be mailed to First Mortgagpes.

to cast, the votes of 51% of the Units shalKginstitute a quorum for any action except as oth ress as set out above. Upon request, notice e© S e provided by the Certificate of Formationg e Declaration, or these Bylaws. If, however, sugg quorum shall not be present or represented at pee the members present shall have sel oe the meeting from time to time, without ngyce other than announcement at the meeting, u be present or represented. Ss S quorum shall 3.5 Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Unit.

\ 3.6 Voting. Bret ballots shall be utilized upon the request of member.

~ e ARTICLE IV. BOARD OF DIRECTORS?

e) ce) Ss - < 4.1 NXumber The affairs of this Association shall be tanaged by a Board of at be nega need not be members of the Association and are elected annually. The number may be incre upon a majority vote of the Association membe ip.

& ES oe N BD BD least 3 co co Page 40 of < s J.

ys vs 1340185 Page 42 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 ge 3S OC oy OD > oO .O 4.2 T. Sf Office. The members shall elect all directag¢for a term of 1 year, beginning &

340185 Page 42 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 ge 3S OC oy OD > oO .O 4.2 T. Sf Office. The members shall elect all directag¢for a term of 1 year, beginning & from the date oGheir election to the date of the election of their s Ssor. ys 4. 3S Removal; Resignations. Any director may SYemoved from the Board, with or without 3S thagabexpired term of his predecessor. & Bw 2) ‘Sy 4.4 Compensation. No director shaaSceive compensation for any service he may gags al 0 the Association in his capacity as a director. H®wever, any director may be reimbursed for his a , ° R . > 4.5 Action Taken Without gMectina Subject to Section 6.4 below, the aneee S shall have WO the right to take any action in the abs of a meeting which they could take at a mee ine y obtaining & the written approval of all the directo¥ Any action so approved shall have the same t as though Y taken at a meeting of the director.

4.6 Voting. Secret ballots shall be utilized upon request of any Board member.

4.7 Limited Liability and Indemnification. The directors shall be entitled to the limited liability and indemnification Byviisions contained in the Declaration. 3S 9° ° 5.1 N ‘mation. Nomination for election to the Board offfitrectors may be made by a g Nominating Co tee. Nominations may also be made from the Wg at the annual meeting. If © appointed, the Nominating Committee shall consist of a ChairmanWwho shall be a member of the Board Ss

ade by a g Nominating Co tee. Nominations may also be made from the Wg at the annual meeting. If © appointed, the Nominating Committee shall consist of a ChairmanWwho shall be a member of the Board Ss of Directors and two or more members of the Association. ThaNominating Committee may be appointed RY by the B aie of Directors prior to each annual meeting of thefwembers; and if appointed, such re) appointgrent shall be announced to the membership at leas 30 days prior to the annual meeting. The O its ts retion determine, but not less than the numbegee vacancies that are to be filled. Members or < n@imembers of the Association may be nominateq Or the Board of Directors. ce) s §.2 Election. Election to the Board of Directors shall be by secret written ballot if regvested x by any member. At such election the mem or their proxies may cast, in respect to each v cy, as many votes as they are entitled to exercig4ulnder the provisions of the Declaration. The pers receiving Ro the largest number of votes shall be elgg d. Cumulative voting is not permitted. -@ e) Ss ‘S ‘S 6.1 Reqular Meetings. Regular meetings of the Board of Directors shail be held monthly at such place and hour as may be fixed from time to time by the Board. Any member desiring to attend monthly meetings shall contact the President or the Association's management company who shall in return notify such member ogre time and place of the next monthly meeting.

6.2 Special MSstinas. Special meetings of the Board of Dire GS shall be held when called by the president of the Sesociation, or by any two directors, after not lesstean 3 days notice to each director. ro & g

ial MSstinas. Special meetings of the Board of Dire GS shall be held when called by the president of the Sesociation, or by any two directors, after not lesstean 3 days notice to each director. ro & g 6.3 sforum A majority of the number of directors shatftonsttut a quorum for the © transaction of business. Every act or decision done or made by anajority of the directors present at a Ss duly held meeting at which a quorum is present shall be regargad as the act of the Board. 3s re) O ou co Xe ro Page 41 fee” ce) ce) ce) S S S BD BD BD 1340185 Page 43 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 ge 3S S oy WO WO 6.4 Open Meetings. All members of the Association sh&t receive at least 5 days prior notice & of the Regular tings of the Board of Directors and the same nt of notice of the Special Meetings ys of the Board of Directors as is received by the members of the Board of Directors. Every member of the Associations all have the right to attend both Regular Meeti and Special Meetings of the Board of 3S Directors Mf he Board of Directors shall have the right to acggarn a meeting, whether Regular or Special, ou of the, Bard of Directors and reconvene in closed execyppe session to consider actions involving . > per, mel, pending litigation, contract negotiations, Geeore actions, matters involving the invasion ve cy of members of the Association, or matters t re to remain confidential by request of the cted parties and agreement of the Board of Dix@stors, provided the general nature of any Gusmigge 0 e considered in an executive session shall first Dé announced at such meeting.

\

l by request of the cted parties and agreement of the Board of Dix@stors, provided the general nature of any Gusmigge 0 e considered in an executive session shall first Dé announced at such meeting.

\ ou 6.5 Electronic or Telephoni Wigetin . Ameeting of the Board of Directors mayer held by : > any method of communication, includingpfBetronic and telephonic, provided: rr NS ty “ ay PS (a) Notice. Nogte of the meeting has been given in accordance seh subparagraph 2) ce) 6.5(d) below; Ss ~ Ss (b) Audible Attendance. Each director may hear and be heard by every other Director; (c) eC Purposes. The meeting does not involve yeting on a fine, damage assessment, appeal fro ial of architectural control approval, or suspe Ea) of a right of a particular Association member b the member has an opportunity to attend a bagh meeting to present the member’s position, ing@ding any defense, on the issue; . oe Agenda. Notice of such proposed meetin ich must include the general ~ nature of the pstpose of such meeting, is given to each member e Association at least 24 hours in S advance thereof; and RY RY Ro (e) Minutes. A record of the Board abn taken at such meeting is filed with the ox MiNURPoF Board meetings. O RS © ARTICLE VII. POWERS cy DUTIES OF THE BOARD oe S A 7.1 Powers. The Board of Directoxs shall have power to exercise for the Association,all powers, duties and authority vested in or de ed to this Association, and not reserved armen and ~ exclusively to the membership by other prdysSions of these Bylaws, the Certificate of Formatiof? or the Oo Oo & 7.2 Duties. It shall be We duty of the Board: & Ss (a) Minutes-r © cause to be kept a complete record of all its Rs and corporate

the Certificate of Formatiof? or the Oo Oo & 7.2 Duties. It shall be We duty of the Board: & Ss (a) Minutes-r © cause to be kept a complete record of all its Rs and corporate affairs and to present a report thereof to the members at the annual meeting of the members, or at any special meeting when such report is requested in writing by the owners of at least 2 Units; (b) SuRpetition. To supervise all officers, agents and gyWployees of this Association, and to see t eir duties are properly performed; ou ~ e, aN (c).. SPAssessments. To (1) fix the amount of the Cag hon Assessment for each Unit pursuant to the prog@dure in the Declaration; (2) send written notice ommon Assessments to every Owner, and (3) ct Common Assessments and enforce Com ssessments, all pursuant to procedures ancMimitations as set forth in the Declaration; Ss RY RY x (d) Certificates. To issue resale cert§leates, loan eligibility certificates, and ra ro Page 42 of > ce) ce) RY RY RY oe oe BD > BD 1340185 Page 44 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 x es OC ou reasonable chargeQhay be made by the Board for the issuance of thes certificates and other written documents pri d by the Association. If a certificate states an asfessment has been paid, such certificate shall be conclusive evidence of such payment; ou (e) Insurance. To procure and maintgiP adequate liability and hazard insurance on the B Wings and cause all officers or employees having Bscal responsibilities to be bonded, as itmay > degatepropriate or necessary; ee ra ce)

e and maintgiP adequate liability and hazard insurance on the B Wings and cause all officers or employees having Bscal responsibilities to be bonded, as itmay > degatepropriate or necessary; ee ra ce) s (f) Maintenance. To causeyte Exterior of the Building to be maintained as se provided on the Declaration; and 3 ~ 9 (g)} General. To carry all other duties of the Association or Board ungene > Declaration. N N & ARTICI@SVIIL. OFFICERS AND THEIR DUTIES & < S $s S 8.1 Enumeration oNDdifices. The Officers of this Association shall be ®President and a Vice °, oO Xe RS & > President each of whom shall at all times be members of the Board of Directors, together with a Secretary and a Treasurer.

8.2 Election of pificers, The election of officers shall take place a the first meeting of the Board of Directors follow eng ach annual meeting of the members. co ~ 8.3 Tern{sach officer of this Association shall be elected at ually by the Board and each shall hold office fenepeeoriataly one year until the election of his sugesssor, unless he shall sooner resign, or shall bePmoved, or otherwise disqualified to serve. © S 8.4 \ Special Appointments. The Board may electguch other officers as the affairs of the Associati Shay require, each of whom shall hold office for een period, have such authority, and perform such on as the Board may, from time to time, determige NS we 8.5 Resignation and Removal. Any offigg Pray be removed from office with or without — co Se by the Board. Any officer may resign at any {fe giving written notice to the Board, the Presideg RY time specified therein, the acceptance of such gestgnatet shall not be necessary to make it sieve: be e

RY time specified therein, the acceptance of such gestgnatet shall not be necessary to make it sieve: be e 8.6 Vacancies. A vacancy ny office may be filled by appointment by the Bog? The officer appointed to such vacancy shall.ggrve for the remainder of the term of the officer hegeplaces.

Ae 8.7 Multiple Offices. T§e offices of secretary and treasurer may be held Sine same person. No person shall simult usly hold more than one of any of the other offiggs except in the case of special offices created pursuant to Section 8.4 of this Article.

8.8 Duties. The duties of the officers are as follows: (a) Paget The President shall preside at all meetin f the Board of Directors; shall see that orders an lutions of the Board are carried out; shall sign4 leases, mortgages, deeds and other legal instrumpe Ss. . > eo oO a Vice-President. The Vice-President shall a the place and stead of the President in th nt of his absence, inability or refusal to act, ang all exercise and discharge such other duties as May be required of him by the Board.

re) (c) Secretary. The Secretary shall re @ the votes and keep the minutes of all meetin Ging proceedings of the Board and of the membel, as well as other records of the Association; \ °~O ce) ce) ce) se > > BD se & > co WO Xe p feo?

Xe eS age 43 of A@ 3S 20...

~) RS °, oO Xe & > 2.

1340185 Page 45 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 \ RY Q ou Oo oO serve notice of me@ftings of the Board and of the members; keep ap riate current records showing the members of th sociation together with their addresses, and shajfsperform such other duties as

Oo oO serve notice of me@ftings of the Board and of the members; keep ap riate current records showing the members of th sociation together with their addresses, and shajfsperform such other duties as required by the Board. These duties, with approval of the Boal. may be delegated to the Association mais ompany. Rk all ies of the Association and shall disburse such $ as directed by resolution of the Boardof x se an annual audit of the Association books t made by a public accountant or CPA at the s completion of each fiscal year; and shall prepare &n annual budget for the forthcoming year and a statement of income and expenditures for th vious year, to be presented to the members ye its regular annual meeting. The Treasurer shelPa so be responsible for supervising billings Thee uties, with approval of the Board, may be “elegped to the Association management company. > oe Sencie IX. COMMITTEES s The Association shall hn any committees required by the Declaration Shess Bylaws. In addition, the Board of Directors may appoint other committees as deemed appropriate in carrying out the purposes of the Association.

3 ARTICLE X. BOOKS AND RECORDS ge 9 The books, rec & and papers of the Association shall at all niente subject to inspection by any member during s@aSonable business hours. The Declaration, the Cetiticate of Formation and the Bylaws of the Assotfetion shall be available for inspection by any meser at the principal office of the Association, whePbopies may be purchased at reasonable cost. Ss 3 ARTICLE XI. ASSESSIANTS

nd the Bylaws of the Assotfetion shall be available for inspection by any meser at the principal office of the Association, whePbopies may be purchased at reasonable cost. Ss 3 ARTICLE XI. ASSESSIANTS Com Assessments which are secured to the full ex provided by law, by a continuing lien upon the.@ fe) fe more fully provided in the Declaration, aaa: is obligated to pay to the Association nx y against which the assessment is made. Th lection and enforcement procedures shall be = rt orth in the Declaration ce) ; ‘yy se ARTICLE oe CORPORATE SEAL A The issuance of a corporate se gh be unnecessary and is not required under TRS law.

& gia XII. AMENDMENTS ge These Bylaws may be axypided at a regular or special meeting of the me os, by a vote of 67% of the votes which members present in person or by proxy are entitled to cast. Thirty days advance written notice to members is required for Bylaws changes. Changes in the Declaration shall be pursuant to the procedures set forth therein.

gS ARTICLE XIV. MISCELLANEOUS 3 ou fe) The fiscal yearpt the Association shall be the calendar year. ~ ByZJohn Caleb Mable, SR., President of the Association RS RY RY July 31 208 Se Effecti ate of Adoption > eo) fe) ra ro Page 44 ie © A.

Se > BD Oo 1340185 Page 46 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 Commencement for Condominium Project EXHIBIT F Copy Unofficial Copy Name of project or subdivision: Apany gives notice that it has commenced Exact name of owners' association:. AMITY CONDO BUILDING, CONDOMINIUM OWNED Inofficial Copy Unoff The undersigned Manager or management Unofficial Copy Unofficial Copy Unofficial Copy mant of the Association named below.

234 ASSOCIATION, INC.

CONDO BUILDING

CONDOMINIUM OWNED Inofficial Copy Unoff The undersigned Manager or management Unofficial Copy Unofficial Copy Unofficial Copy mant of the Association named below.

234 ASSOCIATION, INC.

CONDO BUILDING Address of project: 300 W. 26th Street, Bryan, Texas 77803 Covenants, official Exact name of declaration of covenants, conditions and restrictions: Declaration Conditions, and Restrictions or AMITY CONDO BUILDING, A Condominium Declaration recording data instrument No..

Texas 5.

6.

7.

Mailing address of managing agent: 8.

Person to contact in management company: Name of managing agent: Official Records Prazos County, 9.

Managing agent's telephone: (979) 224-3036 or until a terminatio Cop This certificate is filed of record in the county where the above described project is located. It Copy shall be valid until a management certificate is filed by another managechever is sooner.

WEST NOW of this management certificate is filed of record, I company for the Association DEVELOPMENT, LLC, a Texas Limited Liablity Company почем 7. Dus By: LAWRENCE F. GUSEMAN, III, Managing Unoffici Unofficial Copy Coby from By JOHN CALEB VENABLE, SR., STATE OF TEXAS COUNTY OF BRAZOS Unofficial Gopy Unofficial CORnaging Member This instrument was acknowledged before me on Company, on behalf of said company.

5th Unofficial Copy Unofficial Copy Unoff SEPTEMBER, 2018, by LAWRENCE F.

GUSEMAN, III, Managing Member of WESTFIELD DEVELOPMENT, LLC, a Texas Limited Liability TARY PUB!!!

H ANNAH SOLOMON Public, State of Texas Expires 06-28-2022 Notary ID 131625339 Notary Public for ial Copy Unofficial CoUnofficial Copy cial Copy Copy% official Copy Page 45 of ial Copy Unofficial Copy Unof 1340185 Page 47 of 64

339 Notary Public for ial Copy Unofficial CoUnofficial Copy cial Copy Copy% official Copy Page 45 of ial Copy Unofficial Copy Unof 1340185 Page 47 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 STATE OF Unofficial Copy COUNTY OF BRAZOS ကတတ official Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff Notary SEPTEMBER, 2018, by JOHN CALEB LLC, a Texas Limited Liability LOPMENT, h Public for the State of Texas instrument was acknowledged before me on VENABLE, SR., Managing Member of WESTFIELD any, on behalf of said company.

NOTAR Unofficial Copy Unofficial Copy PUB OBLIC HANNAH SOLOMON Notary Public, State of Texas Comm. Expires 06-28-2022 Notary ID 131625339 After recording, please return to agent at the address stated in Sections 6 Unofficial Lcopy above.

Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy ial Copy Unofficial Copy Unofficial Copy jal Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff Page 46 of jal Copy Unofficial Copy Unof Unofficial Copy 1340185 Page 48 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 Unofficial Copy Unofficial Copyo Unofficial Copy Official Copy Unofficial Copy EXHIBIT G CONSENT OF DECLARANT'S MORTGAGEE undersigned financial institution, being the owner and holder of an existing mortgage lien against the land and property described as the Property in the Declaration of Covenants, Conditions and Restrictions for AMITY CONDO BUILDING, A Condominium executed by WESTFIELD DEVELOPMENT, LLC, a Texas Limited Liability Company, as Declarant, as to the property located

on of Covenants, Conditions and Restrictions for AMITY CONDO BUILDING, A Condominium executed by WESTFIELD DEVELOPMENT, LLC, a Texas Limited Liability Company, as Declarant, as to the property located 26th Street, Bryan, Texas, 77803 hereby consents to the Declaration and to the recording of sa official Copy Unoff upon.and submission of said property to a Condominium Regime pursuant to the Texas Uniform Condominium Act.

This consent shall not be held by the undersigned, or any part operate as a release of said mortgage or liens owned and Unofficial Copy Lienholder: Extraco Bank By: Name: Title: by steve Whatter City President THE STATE OF TEX COUNTY OF BCopy BRAZOS Steve nobley behalf § This instrument was acknowledged before me on Unofficial Copy Unofficial Copy STAR STATE PAT CEARLEY Notary Public STATE OF TEXAS ID#1062724-4 Dec. 27, 2020 My Comm. Exp.

, as City August official ах Unofficial Copy 2018, by of Extraco Bank, a Cearley Public for the State of Texas on al Copy Unofficial Copy Unofficial Copy Unofficial Copy al Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff Page 47 al Copy Unofficial Copy Unof 1340185 Page 49 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 16331- Unofficial Copy EXHIBIT H Unofficial Copy Unofficial Copy RULES AND REGULATIONS AMITY GENERAL..

COMMUNICATIONS ENFORCEMENT..

1. Security, Safety, and Lighting...

BUILDING .51 .51 .51 AND GUESTS .52 Storage of Property on Private Patios or Balconies Unofficial Copy 2.

3.

Storage of Property in 4.

Property Inside Units...

5.

Trash...

6.

Window Coverings..

7.

Signs 8.

Mailboxes..

Unofficial 9.

Nuisances 10.

Antennas...

11.

Vehicle Repair.

12.

Parking 13.

Anti-Theft 14.

15.

Pest 16.

17.

18.

19.

Copy сору 21.

Towing arms...

Control

.

6.

Window Coverings..

7.

Signs 8.

Mailboxes..

Unofficial 9.

Nuisances 10.

Antennas...

11.

Vehicle Repair.

12.

Parking 13.

Anti-Theft 14.

15.

Pest 16.

17.

18.

19.

Copy сору 21.

Towing arms...

Control Parked Vehicles.

Crixinal Activity..

Uities and Leaks...

✓tility Cutoff for Delinquencies Eviction of Tenants Common Area Modifications..

Unofficial Copy Unofficial Copy Unofficial Copy Unof Leasing of Units by Management official Copy.

Leases Unofficial Copy IS APPLICABLE PRIMARILY TO OWNERS..

23.

24.

25.

26.

22222222222 27.

28.

29.

30.

31.

32.

Fines Late Charges..

Hot Checks Board Access to Units.

Change of a Copy.

Fees for Special Names and of Tenants Name and Address of New Owners Declaration Provisions ompany.

.52 52 .52 .52 .52 .52 .53 .53 .53 .53 .53 .53 .53 .53 .53 .53 .54 .54 .54 Unofficial Copy Unofficial Copy Unof Non-Liability and Release of the Association, Officers, and Directors .54 .54 .54 54 54 55 .55 .55 al Copy Unofficial Copy Unofficial Copy al Copy Unofficial Copy Unofficial Copy Page 48 of al Copy Unofficial Copy Unof 1340185 Page 50 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 & cs N eg Re | routs FOR AMITY CONDO BUILDING S NDOMINIUM $ se ab intain values, and assure the continued aesthewy beauty of our community. The rules \ apply t wners and their families, tenants, and guests. x rules are automatically a part of each ou lease @e n if they are not attached), and each Owner is RBsponsible for making sure Owner's tenants OD haygereory of the rules and follow them. You are ogtooes to ask your neighbors to follow the Tulesgo

se @e n if they are not attached), and each Owner is RBsponsible for making sure Owner's tenants OD haygereory of the rules and follow them. You are ogtooes to ask your neighbors to follow the Tulesgo <SSMMUNICATIONS. Please direct any repair regSsts, complaints, or rule violations to: se RY 3 Attn: Caleb Venable 3 3 > Bryan, TX 77803 S mS & Email: clebvenadegaratfn & To avoid delay and telephone tence, you are encouraged to put your coger or complaints in the “Requests and Suggestions” box by the mailboxes.

ENFORCEMENT. The rules will be strictly enforced. If the rules are violated by any occupant or guest of the Owner's Unit, the oe be responsible for corrective action, ena fines.

[Note to new Owners: allowing policies are partly from the Deciaratigefand partly adopted by action of the Board of Direct@8. All Declaration provisions apply — even if not sePForth below. Except for provisions of theseelicies that come from the Declaration, the policieémay be changed or added to by the Board.] ay Ss S Co & Co Ro ~& RY RY RY & oe Q Sg 1340185 Page 51 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 RY & > Oo RY N Lo POIQCIES APPLICABLE TO ALL OWNERS, OCCU TS, AND GUESTS Security, Safety, and Lighting. Neither t himself is family and guests. Each Unit has (a) keyle deadho}s on all entry doors, (c) pin locks on all sliding glads a onsult management regarding your statutory re s Occupants are requested to report Commer Area 1 he Association nor the Association’s RY h eadbolts on all entry doors, (b) keyed ©

rt Commer Area 1 he Association nor the Association’s RY h eadbolts on all entry doors, (b) keyed © doors, and (d) door viewers on all exterior , > rity device obligations as a landlord if you eveg o our Unit. These locks provide added protectiog r occupants while inside the Unit.

ce) 3 lighting problems or hazardous conning not check exterior lighting on a daily basis. occupants must assume that electronic or m nical devices may malfunction from time to tim» WO N Lo 2. Storage of Propertiin Private Patios or Balconies. No items may §@ stored temporarily or permanently on aw patios or balconies which can be viewed rons mmon Areas without the prior approval of the Béard or the Manager.

3. Storage of Property in Common Areas. No property may be stored temporarily or permanently on sidewalks, balcony walkways, stair landings, parking lots, or other Common Areas without the prior membagesha Board or the Manger. Management company am ployees and service personnel, Board memb stored in violation of thine ie.

ww d persons designated by them may remove ED row away any property ~ oe OC OC 4 PréGérty Inside Units. The Association has the righ@nd the responsibility to control the visual attractiven of the Property, including the right to require reedval of objects which are visible from the Comntey Areas and which detract from the Property's appearance. Blinds and drapes must be in good repaid hung properly, and comply with Rule 6 regarding color and materials. Storage of boxes and pers property in garages is prohibited if such storageptevents the parking of the Owner's or ~ x) Ry

od repaid hung properly, and comply with Rule 6 regarding color and materials. Storage of boxes and pers property in garages is prohibited if such storageptevents the parking of the Owner's or ~ x) Ry encunant vehicle(s) in the garage.

PS "5, a e) St \ eptacle. S x Trash. Garbage, rubbish or cuttings geil not be left or deposited, even temporarily, oS Ns mmon Areas or patios. Trash must be storegmside the unit or in the alley in a city provided CO 6. Window Coverings. Exter indow coverings must be solid color fabric rol ades and approved by the Architectural Contro, Csmmittee. All exterior awnings must be approvekby the Architectural Control Committee prior ieg ing placed on buildings.

WO if Signs. All signs muse comply with the City of Bryan Downtown exteriat onane regulations. All signs must be suited to the Architectural Control Committee for agproval prior to installation. All signs must be lit by the Association supplied exterior light fixtures, which is paid for and tied into each unit’s electrical meter. Said sign must be lit from dusk until 1 AM.

“For sale” or “for rent” signs and all other signs are prohibited and may not be exhibited anywhere in the Project, including from the interiors of the Board. Board members ange remove and throw away signs. The policy regarding (developer) under the DRe aration.

CO nagement company representatives may enter Units, except at a location approved by the thou prior notice, and signs is subject t¢Sxteptions for the Declarant ~ oe and location, and@ignage on mailboxes. Names on the outside of Qailboxes are not allowed and may be 8 Matoxes. The Board of Directors has the Soe to designate the type, size removed by mafragement without prior notice because publicly idemtifying names with a particular Unit

e not allowed and may be 8 Matoxes. The Board of Directors has the Soe to designate the type, size removed by mafragement without prior notice because publicly idemtifying names with a particular Unit increases thgWisk of crime for occupants of the Unit.

co ~& ° nt > § § RY GC > se co e Page 50 of i< vs \ 1340185 Page 52 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 \ x ge GC C 9 ances. No unsafe, noxious, offensive, or legateetivity, or odor is permitted on the Project. No actijty shall be conducted on the Property which in titgSudgment of the Board of Directors might reason be considered as annoying to persons of ordinary sensibilities, or might be reasonably calculated t@réduce the desirability of the property for busineg§.’ No exterior loudspeakers or flashing lights sh€lpbe allowed. No person may do anything that wiltiftrease insurance rates for the Project ou withougghe prior written consent of the Board or which map cause such improvements to be uninsurable , > or may cause any policy to be canceled, or augpgrnied or materially modified by the issuing ro cagsipany.

S ) te) 10. Antennas. No exposed exterior Téievision or radio antennas or satellite dishes maebe s\ installed anywhere on the Property unless ot ise required by applicable law and then only ingvict ou accordance with rules and regulations pro ated by the Board. co » N OF 11. Vehicle Repair. INg@TIONALLY DELETED] Re s 12. Parking. As theSEndominiums have no parking spaces, all parkigg® Shall be in conformity with the City of Bryan @rdinance.

13. Anti-Theft Alarms. Owners and occupants who have vehicles with anti-theft systems

. As theSEndominiums have no parking spaces, all parkigg® Shall be in conformity with the City of Bryan @rdinance.

13. Anti-Theft Alarms. Owners and occupants who have vehicles with anti-theft systems shall not allow the alarms or horns to go off and disturb other persons in the Project for more than three minutes; and any vehicle vigXing the three-minute rule shall be deemed to be jMegally parked and subject to immediate towjng without prior notice to the vehicle owner or op r, by the Association under the Texas towin tutes. The Association may, without liability tose owner or operator of the vehicle, cut or discong@stt any power source to such alarm or horn to avee having to tow the vehicle.

14. ying lileqally Parked Vehicles. Vehicles payed victaton of these rules may be removed and steted without permission of the vehicle’s owner or eperator. Notice and removal shall be in accordance with Chapter 684 of the Texas Transportation Coda A Unit Owner is tiable for all costs of towing leggy parked vehicles of the Unit Owner, Owner's de ly, guests or tenants.

. is. Pest Control. The Association does ee responsibilities for pest control inside Ro Uni8@s" However, the Association shall have the right nter and exterminate an Owner’s Unit, at the we expense, if the Owner's failure to control ge s inside Owner's Unit is adversely affecting othe Pe) 16. Criminal Activity. While o oe Project, no person may violate any criminal ie health a x) O ra 17. Utilities and Leaks sth Owner shall be responsible for promptly fuga in all

ed. —© a x) O ra 17. Utilities and Leaks sth Owner shall be responsible for promptly fuga in all Ss for damages and repairs necessitjted by water leaks from Owner's Unit to adjacennphits. If the Association deems it necessary to repair any of these items inside an Owner’s Unit, the Owner shall reimburse the Association for the cost of repair, plus 33% for administrative overhead.

18. Utility Cutoff for Delinquencies. The Board of Directors may suspend water service to the Owner’s Unit if (1) the er is more than 45 days delinquent on any ae the Association, (2) known address, certifie ail, return receipt requested, and (3) the OwneAnas 30 days to appeal to the Board for a hearing gaNthe Board's decision to terminate utilities. Assgg@tion representatives will then try to contact the Ow y phone to warn him of utility termination of w service. The Board will consider a Unit Owner's en statement of extenuating circumstances of water service should not be disconnected, oP why water service should be reconnected. Entrnto the interior of such Unit for such purpose is yytauthorizad The Association may charge the Owner a disconnect fee of $50 and a e RY RS ee ro Page 51 of?

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1340185 Page 53 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 \ 8 es C eo OD >

AMITY CONDO Bape vs & & & Ss RS °, Wo Xe °, oO Xe se > > 2.

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1340185 Page 53 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 \ 8 es C eo OD > rule and send nots to Unit Owners and their tenants of the Board'sSntent to enforce the rule. The & Board may alsaybtify the Unit Owners and their tenants when theypater has in fact been cut off. ys 19 3S Eviction of Tenants. Under the Dectarationgte Association has the right to evict an 3S ceed Rant who substantially or repeatedly violates theG8sociation’s Rules and Regulations. ou oe “cts cinati O . . > ot ise perform any work whatever to the exteriorgfthe Building, without the prior written approval plans therefor by the Board of Directors. No ggBrior awning, shades, railings, or additional lightiggt may be installed.

x POLICIES APL CABLE PRIMARILY TO OWNERS ~ ows ® nO no 21. Leases. Leasing o its is allowed only if: (i) all leases are in writin d are subject to the provisions of the Declaration Rules and Regulations, (ii) a copy of the then-catrent Rules and Regulations are provided to an Owner's tenant by the Owner at the beginning of thease term, (iii) the Unit is leased for residential purposes with the approval of the Association.

22. Leasing of Units by Management Company. The Association's management company may, with authority and con gensation from a Unit Owner, lease, manage, and/gXx sell an Owner's Unit. In doing so, the Manageme’ mpany does not represent or act for the Assqogton. The management company is not paid by Association to lease, manage, or sell pei its for the Owners.

NS

s Unit. In doing so, the Manageme’ mpany does not represent or act for the Assqogton. The management company is not paid by Association to lease, manage, or sell pei its for the Owners.

NS 23. Fings. The Board may levy reasonable fines on Unisgwners for violating the Declaration g or Rules. A mini fine for each violation shall be $100. Each last violation may be deemed a © separate violatha) by the Board. Fines may be assessed onlly if t nit Owner is notified of the nature S and approximate date of the violation and the amount of the fing, Any Unit Owner and/or Owner's family, guest or & nt who has been fined may appeal the fine and@Rpear before the Board to ask that the fine be dropgt and to explain why. In order to appeal a fine the Owner must request such appeal in writing ~ all infraction and fine to the Owner no later thang&$days from the alleged infraction. ee ce) ce) Late Charges. The charge for lS payment of monies to the Association shall be gpnetime $15 charge to cover the administrative costs, hassle, and overhead of collection (excluding attorney's fees). After the due date, interest GQ Il run on unpaid sums due the Association at the te of 18% per year compounded annually. WV WV At: ~O 25. Hot Checks. The cyeéde for a returned check is $25 plus bank charagedPicurred by the Association. (e) (e) 26. Board Access to Units. The Association and Managing Agent a) have the right to enter an Owner’s Unit for purposes of (1) inspection and (2) protection of property rights and quiet enjoyment of other Owners. The Association may request but not require Owners to furnish the

ght to enter an Owner’s Unit for purposes of (1) inspection and (2) protection of property rights and quiet enjoyment of other Owners. The Association may request but not require Owners to furnish the Association with entry keys to their Units for such purposes. If the Unit is unoccupied at the time such entry is needed for such pu es, a locksmith may be used for gaining entry gReept in case of extreme emergency such as a fire ergency utility leaks may be repaired by the 2 ciation at the Owner's expense without prior nptice. If the Unit is vacant and for sale or lease, t nit Owner shall furnish a key to the Unit ina sealg@Pnvelope to the Association until it is sold or eS furnishing resalcertificates, eligibility certificates, copies of declarations, copies of information sent to ~) mortgageegsdopies of accounting records, etc.) shall be set bathe Board from time to time. 3S co ou co wv wv Page 52 of ES cS & A.

es > BD 1340185 Page 64 of 64 09/05/2018 10:49AM Karen McQueen, Brazos County Clerk Volume: 14901 Copy Unofficial Copy Brazos County Karen McQueen Copy Unoffic Instrument Number: 1340185 Volume 14901 Real Property Recordings Un official Copy Unofficial Copy Unofficial Copy Unof Number of Pages: Examined and Charged as Follows: " Unoffiorded On: September 05, 2018 10:49 A Total Recording: $270.00 " Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy オメリ Unofficial Copy Unofficial Copy Unoff 'M Any provision herein which restrict the Sale, Rental or use of the described REAL

cial Copy Unofficial Copy オメリ Unofficial Copy Unofficial Copy Unoff 'M Any provision herein which restrict the Sale, Rental or use of the described REAL because of color or 1340185 Une is invalid and unenforceable under federal law.

~ 5006848 2018 10:49 AM Record and Return To: J FRED BAYLISS 3000 BRIARCREST DR STE 302 BRYAN 77802-3000 File Information: Document Number: Receipt Number: Recorded Date/Time: User: Station: STATE OF COUNTY TEX OF TEXAS CITY OF BRAZOS al Copyouretici File Number sequence on the date/time al Copy Copy Unofficial Copy al Copy Unofficial Copy Unof Uporedial Public Records of Brazos County, Texas.

I hereby certify that this Instrument was FILED printed hereon, and was duly RECORDED in Karen McQueen County Clerk Brazos County, TX