Book 19043 Page 1424 Spgs Doc# 20180050848 AFTER RECORDING RETURN TO: B OLA PIPER RoR Carey Gunn Venditti, Esq.
DLA Piper LLP (US) 401 Congress Ave., Ste 2500 Austin, Texas 78701 [email protected] ARBORS OF FAIR OAKS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS A Residential Community in Bexar County and Comal County, Texas Declarant: SF FAIR OAKS DEVELOPMENT, LLC, a Texas limited liability company Cross Reference to that certain Declaration of Covenants, Conditions and Restrictions for Arbors of Fair Oaks recorded under Document Na. 20160256086 in the Official Public Records of Bexar County, Texas, and under Document No. 201606049204 in the Official Public Records of Comal County, Texas, as amended.
WEST\280535 726.3 ARBORS OF FAIR OAKS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This First Amendment to Declaration of Covenants, Conditions and Restrictions (this “Amendment’) is made an executed by SF FAIR OAKS DEVELOPMENT, LLC, a Texas limited liability company (“Declarant”), and is as follows: RECITALS A. Declarant previously recorded that certain Declaration of Covenants, Conditions and Restrictions for Arbors of Fair Oaks, recorded as Document No. 20160256086 in the Official Public Records of Bexar County, Texas and under Document No. 201606049204 in the Official Public Records of Comal County, Texas (the “Declaration”).
B. Pursuant to Section 9.03 of the Declaration, the Declaration may be amended by Declarant acting alone.
C. Declarant desires to amend the Declaration as set forth hereinbelow.
NOW, THEREFORE, Declarant hereby amends and modifies the Declaration as follows: i. Payments to Fair Oaks Ranch Association. Section 6.15 of the Declaration is hereby
aration as set forth hereinbelow.
NOW, THEREFORE, Declarant hereby amends and modifies the Declaration as follows: i. Payments to Fair Oaks Ranch Association. Section 6.15 of the Declaration is hereby deleted in its entirety and is replaced with the following: 6.15 Payments to Fair Oaks Ranch Homeowners Association, Inc. All Owners, by acquiring property encumbered by these Restrictions, shall become and remain mandatory members of Fair Oaks Ranch Homeowners Association, Inc. {“FORHA”) in addition to all obligations owed by Owners to the Association. As such, all Owners and Residents of the Property shall comply with the Articles of Incorporation and Bylaws of FORHA {the “FORHA Dedicatory Documents”). All Owners agree to accept such membership and to perform and be bound by the obligations and terms applicable to being a mandatory member of FORHA in accordance with the FORHA Dedicatory Documents including, without limitation, the obligation to pay fees, dues, and assessments at the same but not higher rate as such fees and assessments are levied on other mandatory members of FORHA who own property in or about Fair Oaks Ranch, Texas. As Mandatory members of FORHA, the Owners and Residents shall enjoy the same access and easement rights in and to the common areas administered by FORHA to the same extent as all other mandatory members of FORHA who own property in or about Fair Oaks Ranch, Texas. As such, FORHA shall and hereby enjoys a lien on any of the Property of the Owners to secure payment of annual assessments or any special assessments that might be hereafter imposed, including any applicable late fees and attorney's fees (the “FORHA Lien”). It is expressly agreed and acknowledged that the terms and conditions of the FORHA Dedicatory
hat might be hereafter imposed, including any applicable late fees and attorney's fees (the “FORHA Lien”). It is expressly agreed and acknowledged that the terms and conditions of the FORHA Dedicatory Documents, including assessments, charges, and liens shall run with the land and be binding on all parties having any right, title, or interest in property covered by this Declaration, and their respective heirs, successors and assigns; provided however, that the FORHA Lien shall be subordinate to the following: {i) tax liens and governmental assessment liens, (ii) all sums 2 ARBORS OF FAIR OAKS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WEST\280535726.3 secured by a Recorded first mortgage lien or Recorded first deed of trust lien of record, to the extent such lien secures sums borrowed for the acquisition or improvement of the Lot in of subparagraphs ji — iii above, such Mortgage was Recorded before the delinquent Assessment was due. If there is any conflict between the provisions of the Restrictions and the FORHA documents, the Restrictions will govern.
2. Shared Amenities Easement. Section 10.06 of the Declaration is hereby deleted in its entirety.
3. Miscellaneous. Any capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Declaration. Unless expressly amended by this Amendment, all other terms and provisions of the Declaration remain in full force and effect as written, and are hereby ratified and confirmed.
[SIGNATURE PAGE TO FOLLOW] ARBORS OF FAIR OAKS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WEST\280535726.3
e and effect as written, and are hereby ratified and confirmed.
[SIGNATURE PAGE TO FOLLOW] ARBORS OF FAIR OAKS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WEST\280535726.3 EXECUTED to be effective as of the date this instrument is Recorded.
DECLARANT: SF FAIR OAKS DEVELOPMENT, LLC, a Texas limited liability company _ By irs GP, Capit. ZTY ADUISORS, boc By 175 DIeECak/ Yasacee CA. ELDek a 2 : Printed Name: C4, By Title: ee mae THE STATE OF TEXAS countvor [RAYS .
This instrument was acknowledged before me on this / day of f] lav Cp, , 2018, Ev bEldey . Paste hee LUN Ao aa SF FAIR OAKS DEVELOPMENT, LLC, a § § § Texas limited liability company, on behalf of Such limitedMiability company.
DEBRA RAY MALMSTROM Notary iO # 8311677 My Commission Expires January 18, 2021 Notary Public Signature ARBORS OF FAIR OAKS FIRST AMENDMENT TO DECLARATION OF . COVENANTS, CONDITIONS AND RESTRICTIONS WEST\280535726.3 Doc# 20180050848 # Pages 5 03/19/2018 3:48PM e-Filed & e-Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Fees $38.00 STATE OF TEXAS COUNTY OF BEXAR This is to Certify that this document was e-FILED and e-RECORDED in the Official Public Records of Bexar County, Texas on this date and time stamped thereon.
03/19/2018 3:48PM COUNTY CLERK, BEXAR COUNTY TEXAS