In the-d >) Secretary of State of Texas NOV 02 2009 Sotporations Section ARTICLE ONE The name of the Corporation is Avalon Terrace Homeowners Association, Inc.
ARTICLE TWO The corporation is a non-profit corporation, ARTICLE THREE The period of its duration is perpetual.
ARTICLE FOUR The specific and primary purposes for which the Corporation is organized and-formed under the laws of the State of Texas are’ (i) the collection, expenditure and management:of maintenance assessments provided for in any Declaration of Covenants, Conditions and Restrictions as amended from time to time (“Declaration”), to which « planned residential development in Harris County, Texas, known as Avalon Terrace is subject, (i3} the enforcement of the declaration, (ii) providing.
for the maintenance, preservation and architectural control within Avalon Terrace as set forth j in the Declaration, (iv) operating, maintaining and improving the Common Area (as defined in the Declaration), and (v) the general overall supervision of all of the affairs of such development and | the promotion of the general welfare of the residents within Avalon. Terrace.
ARTICLE FIVE The street address of it its initial Registered Office, and the name of. its Registered Agent at this address is as follows: John C. “Jack” Rose . Lin Development, L.L.C.
13101 Northwest Freeway, Suite 312 Houston, Texas 77040 Page 1 Bae Be AS 2000, THE STATE OF TEXAS’ §§ ARTICLE SIX The number of initial Directors is three (3). The names and addresses of the fnitial Directors David Orlando .
13101 Northwest Freeway, Suite 3 2 _ Houston, Texas 77046 Gary Romer 13101 Northwest Freeway, Suite 312 Houston, Texas 77040.
John C. Jack) Rose 13101 Noxthwest Freeway, Suite 312 Houston, Texas 77040 ARTICLE SEVEN
t Freeway, Suite 3 2 _ Houston, Texas 77046 Gary Romer 13101 Northwest Freeway, Suite 312 Houston, Texas 77040.
John C. Jack) Rose 13101 Noxthwest Freeway, Suite 312 Houston, Texas 77040 ARTICLE SEVEN The name and address of the incotporator ist Donna Rowe 13101 Northwest Freeway, Suite 3 R Hotiston, Texas 7 7040 IN WITNESS WHEREOE, Ihave hereunto set iny hand this 3, Sf day of. Defoe § COUNTY OF HARRIS § b)éolew > 2000, by DONNA ROWE, to which witness my hand and seat of office.
ROBIN L. PARKER Notary Public in and for the State of Texas ‘gust 41, 2001 a . nee Si Page 2 ~ iy s MH as i "Alamo Title 28 OO0~Y4 0S 00 463 3. CONDITIONS AND.
DECLARATION OF. COVENANTS, U4141g3 THE STATROF TEXAS = § § KNOW ALL MEN BY THESE PRESENTS; COUNTY OF HARRIS § SES 05/30/00 RIBEIRO 1414133 $55.0 THIS DECLARATION, made on the date hereinafter set forth: WITNESSETH: WHEREAS, Lin Development, L.L.C., a Texas limited liability company, is the owner of that certain real property situated in Harris County, Texas, more particularly described as Avalon Terrace, a subdivision of 7 lots consisting of 7 residential units, the map or plat of which is recorded under Film Code No, 436101 in the Map Records of Harris County, Texas; and WHEREAS, Declarant has caused the Property (as hereinafter defined) to be developed as a planned residential development known as Avalon Terrace; and WHEREAS, it is the intent of Declarant by this Declaration to provide and adopt a general and uniform plan or scheme of covenants, easements, restrictions and conditions designed to govern and contro! the development, improvement, sales, use and enjoyment of the Property, and each
general and uniform plan or scheme of covenants, easements, restrictions and conditions designed to govern and contro! the development, improvement, sales, use and enjoyment of the Property, and each portion thereof, as a planned Unit residential development and to enhance and protect the value, desirability and attractiveness of the development for residential purposes.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Declarant hereby declares, establishes, adopts and reserves the covenants, restrictions, reservations, conditions, easements and liens set forth below (collectively, the “Restrictions”), with respect to the Property, including the usc, development, improvement, sale and rental of the Property. The Restrictions shall be appurtenant to the Property and shall constitute covenants running with and binding upon the Property and each portion thereof and upon each person having or acquiring any right, title or interest in and to the Property or any part thereof. Each contract, deed or other instrument hereafter executed and delivered covering the Property, or any portion thereof or any interest therein, shall be held tc have been executed, delivered and accepted gubject to the Restrictions, regardless of whether or not the Restrictions are referred to or incorporated by reference in said contract, deed or other instrument. Hach Owner (hereinafter defined), by virtue of the acceptance or ownership of a Unit (hereinafter defined), assumes and agrees to be bound by the Restrictions as of the time such person becomes an Owner, whether or not such assumption and agreement is set forth in the deed or other title instrument in favor of such Owner, AFTER RECORDING RETURN TO Alamo Title Company
time such person becomes an Owner, whether or not such assumption and agreement is set forth in the deed or other title instrument in favor of such Owner, AFTER RECORDING RETURN TO Alamo Title Company Title Agency Division - GALLER(A OFFICE 8251 Wasthelmer, Ste 200 Houston, Texas 77056 Description: Harris,TX Document-Alpha.DocID u.414133 Page: 1 of 25 Order: 0GG000 Comment: .
932-55~! 848 ARTICLE EL, DEFINITIONS Sectlom 1, “Architectural Control Committee” or “Committee” is defined in Article VIL, Section 2, “Association” shall mean the Avalon Terrace Homeowners Association, a Texas non-profit corporation, the Members of which shall be Owners of the Units, Section 3, “Board” shall mean and refer to the Board of Directors of the Association.
Section 4, “Common Area” shall mean that portion of the Property owned by the Association for the common use and enjoyment of the Members of the Association and shall include, but is not limited to, al] trees, landscaping, sprinkler systems, pavements, private streets, pipes, wires, conduits, and other public utility {ines situated thereon.
Section $, “Declarant” shali mean and eefer to Lin Development, L.L.C., & Texas limited liability company, its successors and assigns, including, but not limited to, any person, firm, corporation, partnership, association, trust or other legal entity, or eny combination thereof, which acquires all or substantially all of the Lots then owned by Declarant (or its subsequent successors in interest), together with their rights hereunder, by conveyance or assignment from Declarant, or by judicial or nonjudicial foreclosure, for the purpose of development and/or construction and/or ynarketing of the Units.
Section 4 “Driveway Easement” shall mean that reciprocal access casement described in
ial or nonjudicial foreclosure, for the purpose of development and/or construction and/or ynarketing of the Units.
Section 4 “Driveway Easement” shall mean that reciprocal access casement described in Article XI, Section 3 and as shown on the map or plat recorded under Film Code No. 436101 in the Map Records of Harris County, Texas.
Section 7, “Election Date” shall mean the earliest of the dates whea (i) Declarant shail have (iii) Declarant by written notice to the Board notifies the Board of its election to cause the Election Date te occur.
Section 8 “Lienholder’ shall mean the holder of a first lien mortgage on any Lot in the development.
Section. 9, ‘Lot’ is any parcel of the Property on which there is built or to be buili one or two Units, and which if two (2) Units, will be conveyed by metes and bounds to an Owner for his use ag a residence.
Section 10, “Member” shall mean and refer to every person or entity who holds membership in the Association, Sestlon IL, “Owner” shall mean each pereon or entity who owns record title to a Unit.
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932-55-. B49 Section 12. “Property” shall mean that certain real propery situated in Harris County, Texas, described more partianlarly as Avaton Terrace, u subdivision of 7 lots consisting of 7 residential units, the map of plat of which is recorded under Film Code No. 436101 in the Map Records of Harris County, Texas.
“Unit? shall mean a detached or attached aingle family residential dwelling constructed on. a Lot, ARTICLE II.
PROPERTY RIGHTS Ovmer’s Easement of Enjoyment. Every Owner shalt have a right and easement
Unit? shall mean a detached or attached aingle family residential dwelling constructed on. a Lot, ARTICLE II.
PROPERTY RIGHTS Ovmer’s Easement of Enjoyment. Every Owner shalt have a right and easement of enjoyment in and to the Common ‘Area and such easement shal! be appurtenant to and shall pass with the title to every Unit, subject to the following provisions: (a) The right of the Association to make, publish and enforce reasonable rulea and regulations for the use of the Common Area and any facilities situated thereon, including but not limited to the use and maintenance of the Common Area, and the right of the Association to contract for exclusive services such as water, sanitary sewage, trash collection and landscape maintenance to each Lat.
() The right of the Association to suspend the right to use ofthe facilities owned by the Association, excluding domestic water, by a Member and its tenants, guests, and invitees for any period during which any assessment against his Unit remains unpaid, and for a period not to exceed sixty (60) days for any infraction of its adopted rules and regulations.
NN () The right of the Association fo dedicate or transfer all or any part of the Common : Area to any public agency or authority subject to such conditions as may be agreed to by the t Members, No such dedication or transfer shall be effective unless (i) an instrument of agreement 2 to such dedication or transfer, signed by Members kolding two-thirds (2/3) of the votes is praperly { recorded in the Deed Records of Harn County, Texas and (ii) written notice of proposed action under this provision is sent to every Owner and lienholder not leas than tert (10) days, nor more than 4 fifty (50) days in advance of said action.
ty, Texas and (ii) written notice of proposed action under this provision is sent to every Owner and lienholder not leas than tert (10) days, nor more than 4 fifty (50) days in advance of said action.
(i) Theright of the Association, in accordance with its Articles and By-Laws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof and to mortgage said property, and the rights of such mortgagee in said property shall be subordinate and {inferior to the rights of the Owners hereunder, . Any Owner may delegate his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the Unit. The Owners hereby covenant that any lease executed on a Unit shall be in “ writing and contain provisions binding any lessee thereunder to the tens of these Restrictions, the By-Laws of the Association, and the rules and regulations applicable to the Property and further providing that noncompliance with the terms of the lease shall be a default thereunder.
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Section 3, Titte to the Common Area. The Declarant hereby covenants for itself, its Successors and assigns, that it will convey fee simple title to the Common Arca to the Association, subject to any encumbrances or other matiens then of record which do in fact cover or affect the Property or any part thereof, The Common Area shall remain undivided and shall at all times be owned by the Association ar its successors, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Common Area, ARTICLE Hi, MEMBERSHIP AND VOTING RIGHTS
being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Common Area, ARTICLE Hi, MEMBERSHIP AND VOTING RIGHTS Section 1, Membership. Every person or entity who is an Owner of 2 Unit, including Declarant and contract sellers, shall be a Member of the Association, The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. No Owner ehall have more than one membership per Unit. Membership shall be appurtenant to and may not be separated from any ownership of any Unit. Ownership of such Unit shall be the sole qualification for membership, and such membership shall automatically terminate when such ownership ceases, Any mortgages or lienholder who acquires title to any Unit which ia a part of the Property, through judicial or non-judicial foreclosure or by deed in lieu of foreclosure, shall be a Member of the Azsociation.
Section 2, Classes of Voting. The Association shall have two classes of voting membership, as follows: Class 4. Class A Members shall be all Owners, with the exception of the Class B Member until the Election Date, and shall be entitled to no votes until the Election Date. From and affer the Election Date, exch Class A Member shall be enititied on one (1) vote for each Unit owned, If there is more than one (1) Owner of Association, which designation shall be made in writing fa the Board, After an owner is so designated, the Board shall have the right to rely on such designation until ¢ written notice revoking such appointment is received by the Board. Any such
in writing fa the Board, After an owner is so designated, the Board shall have the right to rely on such designation until ¢ written notice revoking such appointment is received by the Board. Any such Owmers may designats the Momiber Gem among themselves in any manner they deem fit, arid in the event that such Owners are unable to agree upon one of their number fo be designated as the Member of the Association, then none of such Owners shall have any votes, fractional or otherwise, in the Association.
Claas B. The sole Class B Member shall be the Declarant and shall be entitled to three (3) votes for each Unit owned, provided that the Class B membership shall cease and be converted to Class A membership on the Election Date, Section 3. Suspension. All voting rights ofan Owner shall be suspended during any period in which such Owner is delinquent in excess of thirty (30) days in the payment of any assessment duly established pursuant to Article IV hereof, or is otherwise in default hereunder or under the ByLaws or Rules and Regulations of the Association, Description; Harris,TX Document-Alpha.DocID u.414133 Page: 4 of 28 Order: 000000 Comment: .
932-55-(:851 ARTICLE IV.
COVENANT FOR MAINTENANCE ASSESSMENTS Section 1, Creation of the Lien and Perzonal Obligation of Assessment. Each Owner within the Property by acceptance of a deed therefor, whether or not it shall be expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; and (2) special assessments for capital improvements, such asscasments (o be fixed, established, and collected as hereinafter provided, The annual and special esscesmenia,
nual assessments or charges; and (2) special assessments for capital improvements, such asscasments (o be fixed, established, and collected as hereinafter provided, The annual and special esscesmenia, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall be a charge on the applicable Unit and shail be secured by 2 continuing lien upon such Lot against which each such assessment is made, Each such assessment, together with such interest, costs, and reasonable attorney's fees, shall be the joint and several personal obligation of the person(s) who was Owner of such Unit at the time when the assessment fell due, The personal obligation for delinquent assessments ehall not pass to such Owner's successors in title unless expressly asaurned by them; however, except as otherwise provided herein, the lien shall remain in full force and effect as to any amounts owing with respect to such Unit.
. The assessments levied by the Association shall be used exclusively for the improvement, operation, administration, management, repair and maintenance of the Property, the Common Area and services and facilities relating to the use and enjoyment thereof and the Units situated thereon, and for the enforcement of these Restrictions.
Asgessments shall include, but are not limited to, funds to cover actual Association costs for repairing and maintaining the Driveway Basements, all taxes, insurance, repair, replacement and maintenance of the Common Area s herein authorized or as may from time to time be authorized by the Board, and the cost of other facilities and service activities including, but not limited to, mowing grass, caring for the walkways, grounds, sprinkler aystem, landscaping, garbage pickup
rized by the Board, and the cost of other facilities and service activities including, but not limited to, mowing grass, caring for the walkways, grounds, sprinkler aystem, landscaping, garbage pickup NN areas, and other charges required by these Restrictions or that the Declarent or Board shall determine to be necessary to meet the primary purpose of the Association, including the establishment and rodintenance of a reserve for repair and maintenance of the Driveway Easements, and replacement of those clemenits that must be replaced on a periodic basis, taxes and other charges as specified herein. The judgment of the Declarant or Board in establishing annual assessments, special gacesements and other charges and in the expenditure of said finds shall be final and conclusive so fong as said judgment is exercised in good faith, (a) —- Until January 1, 2001, the maximum annual maintenance asseasment for each Unit shalt be Two Thoussnd One Hundred Sixty and No/ 100 Dollars ($2,160.00) per annum, payable in equal monthly installments.
tb) From and after January 1, 2001, the maximum annual assessment may be increased, effective January 1 of each year, without 6 vote of the membership to an amount not to exceed one hundred twenty percent (120%) of the prior year’s annual assessment.
Description: Harris,TX Document-Alpha.DociID u.414133 Page: 5 of 25 Order: 000000 Comment: 932-5S~ 852 (c} From und after January 1, 2001, the maximum annual esseaament may be increased above the assessment established in Section 3(b) above, provided that any such change shall have the assent of Members holding two-thirds (2/3) af the votes as a meeting duly calied for this purpose.
The limitations hereof shail not apply to any change in the maximum and basis of the assesaments
the assent of Members holding two-thirds (2/3) af the votes as a meeting duly calied for this purpose.
The limitations hereof shail not apply to any change in the maximum and basis of the assesaments undertaken aa an incident of consolidation in which the Association is authorized (o participale under its Articles of Incorporation, (4) After consideration of current maintenance costs and future needa of the Association, the Board rnay levy the annual assessments at an amount not in exceas of the maximum permitted in subparagraph (c) above, Section 4, Special Assessments for Working Cenlial Fund, Noorecerdug Maintenance sud Capita) Improvements. In addition to the annual assessment authorized above, the Association may levy, in any agseasment year, 4 special assessment applicable to the year only, for the purpose of (i) defraying, in whole or in part, the cost of any nonrecurring maintenance; {ii) the acquisition, construction, reconstruction, repair or replacement of a capital improvement upon the Common Area and Driveway Easements, including the necessary fixtures and personal property related thereto; or iii) enabling the Board to carry out the functions of the Association hereunder, provided that any such aggessment shall have the assent of Members holding two-thirds (2/3) of the voles at a meeting duly catled for this purpose.
Written notice of any meeting called for the purpose of taking any action authorized under Sections 3 and 4 shall be sent to all Members not less than ten (10) days nor more than fifty (50) days in advance of the miceting and shall set forth the purposes of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast fifty-one percent (51%) of the votes
n advance of the miceting and shall set forth the purposes of the meeting. At the first such meeting called, the presence of Members or of proxies entitled to cast fifty-one percent (51%) of the votes of the entire membership shali constitute a quorum. Ifthe required quorum is not present, another meeting may be called from time to time, and not subject to the same notice requirement, and the required quorum shall be more than one-half (4) of the required quorum at the preceding meeting.
The Association may call as many subsequent meetings as may be required to achieve a quorum, No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Section 6, Uuifurn Rates of Assesement. Except as provided hereis, both annual and special assesaments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis (i.e. 1/12th of the annual assessment on each Lot each month), Neither the Declarant nor the Association shall be subject to payment of annual or special asecasments, except Declarant shall pay one-quarter of the monthly assessment for any Unit owned by Declarant, commencing thirty (30) days after completion of the Unit on such Unit unti} gold by Declarant, Notwithstanding the provisions of this Section 6 above, the Declarant may lonn to the Association the difference, if any, between the Association's actual operating expenses for the Property and the total assessments duc as herein provided until such time as all of the Lots are occupied. Any such loan shall bear interest at a reasonable raie, and be repayable on reasonable terms, afl to be determined by the Board.
ines . .
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sonable raie, and be repayable on reasonable terms, afl to be determined by the Board.
ines . .
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Section 7, Date of Commencement and Due Date of Annual Asrcarmenta. The annual asseasments provided for herein shall commence as to al! Unite no later than the first day of the month following the conveyance of the first Lot sold, ‘The fitst annual assessment shall be prorated accarding to the number of months remaining in the calendar year. The Board shall fix the arnount of the annual asgesarnent against each Unit in the last calendar quarter of each year. At leaat thirty (30) days in advance of guch annual assessment becoming due, notice of each annual assessment ghall be sent to every Qwner subject thereto, Assessments shall be due and payable monthly, in advance, on the first day of each calendar month during the year for which such assessment has been assessed, or as otherwise directed by the Board. The Association shail, upon demand, and for a reasonable charge, furtish a certificate signed by an officer of the Association setting forth whether the augessments on a specified Unit have been paid.
Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the duc date, (he assessment may beat interest from the due date until paid at the maximum non-usurious rate of interest per annum or at such lesser rate of interest as fixed by the Board, The Association shall have autkarity to impose late charges to compensate for the administrative and processing costs of late payments on guch terms as it may establish by duly
as fixed by the Board, The Association shall have autkarity to impose late charges to compensate for the administrative and processing costs of late payments on guch terms as it may establish by duly adopted resolutions. The Association shall also be entitled to attorneys’ fee and other costs of collecting delinquent assessments. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. In order to secure payment of the assessments with respect to each Unit, a vendor’s lien and superior title to auch Lot shall be and is hereby reserved to the Association. As additional security for payment of the assessments, each Owner of a Unit, by such party’s acceptance of a deed thereto, hereby grants the Association a contractual Hien on such Lot, which lien may be foreclosed either through appropriate judicial proceeding by the Associstion or by public sale without judicial proceedings. Without limitation, each Owner, by virtue of acceptance or ownership of a Unit, irrevocably grants to the Association s pawer of sale go that the lien securing payment of the unpaid _ sums required to be paid by this Declaration may be foreclosed at public sale upon compliance with Section 51.002 of the Texas Property Code (or any successor statute), ag the same may be amended from time to time, Whenever the Association proceeds with non-judicial foreclosure pursuant to the provisions of Section $1,002 of the Texas Property Code (or any successor statute) and said power of sale, it shall designate in writing a nominee or trustee to post or cause to be posted all required noticea of such foreclosure saie and to condurt such fercelosure sale. The trustee may he changed
of sale, it shall designate in writing a nominee or trustee to post or cause to be posted all required noticea of such foreclosure saie and to condurt such fercelosure sale. The trustee may he changed at any time and from time to time by the Association by means of a written instrument executed by the President or any Vice-President of the Association and filed for record (either before or following any action by such tustes) in the Official Public Records of Real Property of Harris County, Texas, Ifthe Association has determined non-judicially to foreclose the lien provided herein pursuant to the provisions of Section 51.002 of the Texas Property Code (or arty Bucceseor statute) and to exercise the power of sale hereby granted, the Association shall mail to the defaulting Owner a copy of the notice of trustee's sale no less than twenty-one (21) days before the date on which said sule is scheduled by posting such notice through the United States Postal Service, postage prepaid, registered or certified, return receipt requested, properly addressed to such Owner at the last known address of such Owmer according to the records of the Association. If required by law, the Association or trustee shall cause a copy of the notice of trustee's sale to be recorded in the Official Public Records of Real Property of Haris County, Toxas. Out of the proceeds of such sale, there Description: Harris,TX Document -Al : pha.DocID u.41i : Order: 000000 Comment: *800 Page: 7 08 932-553-834 first shall be paid all expenscs incurred by the Association in connection with such default, including reasonable atiomneys’ fees and a reasonable trustee's fee; second, from such proceeds there shall be paid to the Association an amount equal to the amount in default, and third, any remaining balance
reasonable atiomneys’ fees and a reasonable trustee's fee; second, from such proceeds there shall be paid to the Association an amount equal to the amount in default, and third, any remaining balance shall be paid to the person or persons legally entitled thereto, Following any auch foreclosure, cach occupant of any such Unit foreclosed on and each occupant of any improvements thereon shall be deemed to be a tenant at sufferance and may be removed from possession by any lawful means, including a judgment for possession, an action of forcible detainer, and the issuance of a writ of restitution thereunder. Suit to recover a money judgment for unpaid assessments shall be maintainable without foreclosing or waiving the lien securing same, Each Owner, by virtue of acceptance of ownership of a Unit, hereby expressly veats in the Association, and its agents, the right and power to bring all actions against the Owner personally in Harris County, Texas, or eleewhere as the Association may elect, for the collection of unpaid assessments as debt. In addition to the remedy of foreclosure of the lien hereby retained and all other rights and remedies available at law or otherwise, in the event of nonpayment by any Owner of such Owner's Assesment for in exceas of thirty (30) days after the duc date, the Association may, acting through the Board, pursue any or all of the following remedies: (a) The Association may, without prior notice or liability to the nonpaying Owner, publish in appropriate newsletters or other publications, information conceming the nonpaying Owner and the amount and time of delinquency; and (b) ‘The Association may, without prior notice or liability to the nonpaying Owner, notify
or other publications, information conceming the nonpaying Owner and the amount and time of delinquency; and (b) ‘The Association may, without prior notice or liability to the nonpaying Owner, notify such Owner's lenders, any credit bureau or other credit sources or any title company, or may file an appropriate claim of public record.
(c) The Association may, without prior notice or liability to the nonpaying Owner, terminate any services provided for such Owner and funded from the annual or special assessments.
provided for herein shall be subardinate to the lien of any mortgage or morigages, with the exception created by the Owner of any Unit to secure the payment of monies advanced and used for the purpose of purchasing and/or improving such Lot. Sale or transfer of any Unit shall not affect the masoostieait Yen, [lowever, the sale or transfer of any Unit pursuant to 2 foreclocure under such purchase money or improvement mortgages, or any proceeding in lieu of foreclosure thereof, shall extinguish the tien for any such asseasments due prior to such sals or transfer. No sale or transfer ghall relieve such Unit from liability for any assessments thereafter becoming due or from the lien thereof.
Serfion 10. . The Common Area and al! properties dedicated to, and accepted by, a local public authority shall be exempt from the assesaments created herein, except no jand or improvements devoted to dwelling use shall be exempt from said assessments, Deseription: Harris,TX Document-Alpha.DocID u.414133 Page: 8 of 25 Order: 000600 Comment: 03255-1855 ARTICLE V.
t no jand or improvements devoted to dwelling use shall be exempt from said assessments, Deseription: Harris,TX Document-Alpha.DocID u.414133 Page: 8 of 25 Order: 000600 Comment: 03255-1855 ARTICLE V.
MANAGEMENT AND OPERATION OF PROPERTY Section 1, Wienagement hy Association. The affairs of the Property shall be administered by the Agsociation. The Association shall have the power fo provide for the maintenance, repair, replacement, administration, insuring and operating of the Property pursuant to this Declaration, the By-Laws and the rules and regulations applicable to the Properly and to perform such other acts as may be reasonably necessary int the operation of the Property 50 long as such actions are not inconsistent with the terms of this Declaration. Without limiting the generality of the foregoing, the Association, acting with authorization of the Board, shall be entitled: (a) to enter into such agreements conceming the Property os the Board deems reasonably necessary or appropriate to maintain and operate the Property as a viable residential development, including, without limitation, the right to grant utility and other easements with respect to the Property, or portions thereof, for uses the Board shalt deem appropriate and the right to enter into agreements for cable television service to the Property; (b) to enter into such agreements with adjoining or nearby land owners, associations or entities representing such landowners or others, with respect to matters of maintenance, trash pick-ups, repair, administration, security, traffic, or other mattera of mutual inferest; (c) to m#ke rules and regulations relating to parking, flow, on-street parking, traffic and
maintenance, trash pick-ups, repair, administration, security, traffic, or other mattera of mutual inferest; (c) to m#ke rules and regulations relating to parking, flow, on-street parking, traffic and other uses of drives within the Property; (d) to regulate noise within the Property, including, without limitation, the right to require mufflers on engines and to prohibit the use of devices producing excessive noise; and (¢) to assume such other obligations and/or responsibilities of the operation and maintenance of the Property as the Association, in its sole discretion, shall so decide. The rights, powers and duties of the Association set forth in this Declaration shal! be exercised by the Board or its designees. Any and all management sgreements entered into by the Association shall be reviewed on an annual basis.
Section 2, Number and Election of Board. The number, term and election of the Board of Directors shall be ss determined in the Articles of Incorporation und By-Laws of the Association.
Section 3. Initie)] Board of Directors: Election of First Board. As of the date of this Declaration, the initial Board shall be composed of Gary Romer, John C. (Jack) Rose, and David Orlando, The Declarant may fill vacancies on the Board until the Election Date. Such initial Board shall serve until the first Board is elected by the Members, The election of the first Member-elected Board shall be held in accordance with the By-Laws upon the Election Date, After the Election Date, the members of the Board shall be elected xx set forth in the By-Laws.
Sestion 4, Meeting of the Bosrd of Directors. The Board shal! meet as set forth in the ByLaws, Section 5, Powers and Duttes ofthe Board. The Board, for the benefit of the Owners, shall
the By-Laws.
Sestion 4, Meeting of the Bosrd of Directors. The Board shal! meet as set forth in the ByLaws, Section 5, Powers and Duttes ofthe Board. The Board, for the benefit of the Owners, shall have the following general powers and duties, in addition to the specific powers and duties provided for herein and in the By-Laws of the Association: a. To execute al! declarations of ownership for tax assessment purposes with regard 10 the Common Ares on behalf of all Owners, Deseription: Harris,TX Document-Alpha.DociD u.414133 Page: 9 of 25 Order: 000000 Comment: 932~55-(556 b. To borrow funds to pay coats of operation secured by assignment or pledge of rights againat delinquent Owners if the Board secs fit.
c. To enter into contracts, maintain one or more bank accounts, and generally to have all the power necessary or incidental to the operation and management of the Association, d. To prolect or defend the Common Area from logs or damage by suit or otherwise and to provide adequate reserves for replacements, &. To enter into contracts for exclusive services such as water, danitary sewage, and trash collection, f. To make reasonable niles and regulations for the operation of the Common Area and to amend them from time to time. The rules and regulations may provide for lixnitations on use of cornmon recreational areas during certain periods by youthful persons, visitors or otherwise.
B To make available for inspection by Owners within ninety (90) days after the end of each year an annual report and to make all books and records of the Association available for inspection by Owners at reasonable times and intervals.
h, To adjust the amount, collect and use any insurance proceeds to repair damage
to make all books and records of the Association available for inspection by Owners at reasonable times and intervals.
h, To adjust the amount, collect and use any insurance proceeds to repair damage or replace lost Property. [finsurance proceeds are insufficient to repair damage or replace lost property, to assess the Owners in proportionate amounta to cover the deficiency.
i. To enforce the provisions of these Restrictions and any rules made hereunder NN. and to enjoin and seck darnages from any Owner for violation of such provisions or rules.
j. To delegate the duty to collect assessments provided for herein and to pay for such service.
Board Actions ia Good Feith. Neither the board nor any member or agent theroof shall be or become liable to the Association, its Members or any other party with respect to any action or inaction made or taken in good faith.
ARTICLE VI.
INSURANCE REQUIREMENTS Sectlon i. Fire and Extended Coverage. Each Owner shall be required to furnish annually to the Association, aud to the compleie satisfaction of the Board, proof of insurance coverage on his Unit by a reputable insurance company acceptable to the Association and licensed to do businesa in the State of Texas, in an amount equal to the full insurable replacement coat of the Unit as determined annually by the Board, affording protection against Joss or damage from fire or other hazards covered by the standard extended coverage policy. The ownership of the Units alzo includes 10 Description: Harris,TX Document-Alphka.DocID u.414133 Page: 10 of 25 Order: 000000 Comment: .
932-554 'BYY, private ownership of any fence surrounding the Jot. The Owner's ingurance shall also provide coverage against damage or destruction of any fence appurtenant (o such Unit. Should an Owner
932-554 'BYY, private ownership of any fence surrounding the Jot. The Owner's ingurance shall also provide coverage against damage or destruction of any fence appurtenant (o such Unit. Should an Owner fail to provide adequate proof of insurance coverage as herein provided, the Association shall have the authority to purchase such coverage, Premiums for any insurance obtained by the Association on individual Units shall not be a part of the common expense but shall be a debt owed by the Owner of said Unit and shall become part of the assessments payable by said Owner and collectible as such as herein provided. Each Owner and the Association agree to and hereby waive all rights or subrogation against the Declarant they may have now or in the future under any property insurance policies, Section 2. Fire or Casualty: Rebuilding. in the event of a fire or other casualty causing damage or deatruction to a Unit, then the Owner of such damaged or destroyed Unit shall thereupon speedily repair or reconstruct the damaged portion of such Unit substantially in accordance with the plans and specifications therefor, or as the Architectural Control Committee may otherwise spprove.
Such repairs or reconstruction shall be commenced within thirly (30) days after the casualty causing the damage or destruction and shall be pursued diligently until the Unit is repaired or rebuilt in as good a condition as prior to such damage or destruction, In the event such Owner fails or refuses to repair or reconstruct the damaged portion of such Unit as set forth herein, the Association is hereby authorized, but shall have no obligation, to undertake to rebuild or repair the Unit and assess said Owner for the cost of such repair or replacement, plus interest thereon at the maximum non-
hereby authorized, but shall have no obligation, to undertake to rebuild or repair the Unit and assess said Owner for the cost of such repair or replacement, plus interest thereon at the maximum nonusurious rate of interest per annumt until paid. Such assessment shall become the personal obligation of said Ovmer and a licen against such Owner's Unit, and shall be enforceable as if it were an annual assesament as herein provided, Each Owner shall be responsible for the reconstruction, repair and replacement of all personal and other property in or a part of such Owner’s Unit. Bach Owner shall be responsible for any costs not otherwise covered by insurance carried by the Association and caused by or resulting from such Owner's negligence or misuse or by the negligence or misuse of his immediate family, invitees or his agents or employees in the course of their duties, and, to the extent not covered by insurance proceeds collected by the Association, each Owner, by virtue of acceptance or ownership of a Unit, indemnifics the Association and all other Owners against any _— such costs, In the event of damage or destruction by fire or other casualty to eny property covered by insurance written in the name of the Association {including insurance on individva! Unite aa provided above), the Board shall, upon receipt of the insurance proceeds contract to rebuild or repair such damaged or destroyed portions of the property ag fo good condition as formeriy. All auch insurance proceeds shall be deposited in a bank or other financial institution, the accounts of which bank or institution are insured by a Federal govermmental agency, with the provision agreed to by said bank or institution that such funds may be withdrawn only by signature of at least one-third
hich bank or institution are insured by a Federal govermmental agency, with the provision agreed to by said bank or institution that such funds may be withdrawn only by signature of at least one-third (1/3) of the members of the Board, or by an agent duly authorized by the Board. The Board may negotiate with any contractor, who shall be required to provide a full performance and payment bond for the repair, reconstruction or rebuilding of such destroyed building or buildings. In the event the insurance proceeds are insufficient to pay all the costs of repairing and/or rebuilding to the same condition as formerly, the Board shall levy a special assessment againat all Owners of the damaged Units in such proportions as the Board deems fair and equitable in the light of the damage sustained by such Units to make up any deficiency, except that the special assessment shall be levied against all Unit Owners, a8 provided hersin, to make up any deficiency for repair or rebuilding of the i Description: Harris,TX Document-Alpha.DocID u.414133 Page: 11 of 25 Order: 000000 Comment: 532-55~(B58 Common Arca nal a physical part of a Unit. In the event that such insurance praceeds exceed the cost of repair and reconstruction, such excess shall be paid over the respective martgagees and Owners of the damayed Units in auch proportions aa the Board deems fair and equitable in the light of the damage sustained by such Units, Sectlon 3, Mechanical Gate end Perimeter Fence, The Declarant and the Associalion reserve the right, but are under no obligation, to amange for the utilization of an unmanned mechanical gato at the entrance to the Property. The Declarant and the Association hope that any auch gate and private street concept would discourage undesired and unauthorized vehicular traffic
nned mechanical gato at the entrance to the Property. The Declarant and the Association hope that any auch gate and private street concept would discourage undesired and unauthorized vehicular traffic within the Property and foster a higher degree of peace and tranquility, The Declarant and the Association also reserve the right, but are under no obligation, to have the Property encompassed by a perimeter fence that Declarant and the Association hope would restrict pedestrian traffic into, within or out of the Property.
Although the Declarant and the Association regsonably believe that, if utilized, the existence and visibility of controlled access points may discourage the commission of criminal acts (c.g., burglary, theft, etc.) within the Property, nevertheless neither the Declarant nor the Association warrant or guarantee that: (a) any fence and/or gate arrangements would be sufficient and adequate to diminish or eliminate the commission of crimes against persons or property; and (b) such acts will not be attempted or actually occur within the Property, These arrangements would not be designed or intended to replace the conventional police and fire protection and paramedical services available from the City of Houston.
The Association will seek to carry public liability insurance generally covering badily injury and property damage arising out of negligent acts by employees, members or authorized representatives of the Association, The Association will not carry any insurance pertaining to, nor does it assume any liability or responsibility for, the real or personal property of the Owners and Members (and their respective family metnbers and guests).
~ Each Owner and Member expressly understands, covenants and agrees with the Declarant and the Association that:
l property of the Owners and Members (and their respective family metnbers and guests).
~ Each Owner and Member expressly understands, covenants and agrees with the Declarant and the Association that: (a} Neither Declarant nor the Association has any responsibility of any kind nor character whutsoever regarding or pertaining to the real or personal property of each Owner and Member; (b) —_ Each Owner and Member shall, from time to time and at various times, consult with reputable insurance industry representatives of each Owner and Member's own selection to select, purchase, obtain and maintain appropriate insurance providing the amount, type and kind of insurance deemed satisfactory to each Owner and Member covering his or her real and personal property; (c) Bach Owner and Member releases and holds Declarant and the Association harmless from any liability, claims, causes of action or damages of any kind or character whatsoever arising out of or related (directly or indirectly) to any and all aspects of any fence or gate system and Driveway Easement within the Property, including without limitation the functioning (whether mismal-, or non-) or maintenance of any mechanical gate access devices; {2 Description: Harris,TX Document-Alpha.DocID u.414133 Page: 12 of 25 Order: 000000 Comment: 330-5589 (d) Hach Owner and Member will cooperate with Declarant and the Association in connection with the establishment, evolution and maintenance of reasonshle controls on the pedestrian and vehicular traffic into and within the Properly and abide by any and all rules and regulations of the Association, as adopted and promulgated from time to time, related to the entry upon and use of any Driveway Basement and Common Area within the Property.
ARTICLE VIE ARCHITECTURAL CONTROL
ions of the Association, as adopted and promulgated from time to time, related to the entry upon and use of any Driveway Basement and Common Area within the Property.
ARTICLE VIE ARCHITECTURAL CONTROL Section 1, Designation of Comumiltiee, The Architectural Controf Committee ghall consist of three (3) members who shail be natural persons appointed by the Board. Any ond all members of such Committee may be removed by the Board without cause. Such Committes shall act by majority vote of the members thereof, Section 2, Function of Architectural Control Committee, No building, fence, wall or other structure or improvement shall be commenced, erected or maintained upon any Unit, or upon the patio or garage used in connection with any Unit, after the purchase of any Unit from Declarant, its successors or assigns, nor shall any exterior addition to or change or alteration thereof be made until the plans and specifications showing the nature, cofor, kind, shape, height, materials and location of the same shall have heen submitted to and approved in writing by an Architectural Control Committee.
Seetion 3, The plans and specifications to be so submitted and approved shall include the following: a, A plot plan showing the location of all improvements, structures, walks, drivewsys, fences and Unit comers and the comers of proposed improvements. Unit drainage provisions shall be indicated as well as cut and fil] details if any appreciable change in the fot contours is contemplated; b. Exterior elevations; c. Exterior materials, colo, textures and shapes; d. Structural design, e. Landscaping plan, including walkways, fences and walls, elevation changes, sprinkler systems, vegetation and ground cover; ; f. Parking area and driveway plan;
res and shapes; d. Structural design, e. Landscaping plan, including walkways, fences and walls, elevation changes, sprinkler systems, vegetation and ground cover; ; f. Parking area and driveway plan; g. Any screen, including size, location and method; h. Any exterior illumination, including location and method; 3 Description: Harris,TX Document-Alpha.DocID u.414133 Page: 13 of 25 Order: 000000 Comment: 932-58-!,BB0 i Fire protection aystetn, if required; j. Mailboxes, if any; and k. Any additional plans, specifications, or other information requested by the Committec.
Section 4, Basle of Approval. Approval of plana and specifications shali be based, among other things, on adequacy of site dimensions, atructural deaign, conformity and harmony of external design, matetials, and focation with neighboring structures and sites, relation of finished grades and elevations to neighboring sites, quality of workmanship and miatetiala, and conformity to both the specific and general intent of these Restrictions.
Section 5, Variances, In case of special size or shape of site or condition of terrain or change of circumstances arising from cither advances in technology or other unforeseen developments resulting in the need for such action in order to accomplish the original purposes of these Restrictions, the Committee may, in its discretion, permit such variances or exceptions az it deems necessary or desirable.
Section 6, Failure of the Commitee to Act, The Committee shall approve or disapprove such plans and specifications or reject them as being inadequate within thirty (30) days after receipt thereof. If plans and specifications are not sufficiently complete or are otherwise inadequate, the
ch plans and specifications or reject them as being inadequate within thirty (30) days after receipt thereof. If plans and specifications are not sufficiently complete or are otherwise inadequate, the Committee may reject them as being inadequate or may approve oF disapprove part, conditionally or unconditionally, and reject the balance.
Section 7. Neither the Declarant, the Committee nor any of the members of such Committee shall be liable in damages or otherwise to anyone submitting plans and specifications for approval or to eny Owner by reason of mistake of judgment, negligence or AK nonfeasence arising out of or in connection with the approval or disapproval or failure to approve { orto disapprove any plans and specifications.
a hive ARTICLE Vill.
EXTERIOR MAINTENANCE Qumer’s Exterior Malutenance, Each Owner shal! maintain and repair the exterior portion of such Owner's Unit in good condition using substantially the same matesial, paint, stain, color and quality of workmanship as the original construction, unless otherwise approved in writing by the Association. The exterior portion of a Unit includes, without limitation, exterior building surfaces, roofs, gutters, downspouts, enclosed patio areas, outside doors, glass doors, window and door fixtures and hardware, and window pancs and any walks or driveways located on the Lot upon which such Unit is constructed and any fence surrounding the Unit. Further, each Owner shall be obligated to maintain the grass, shrubs, trees and other landscaping, if ary, located on such Owner's Unit as well as the drainage facilities for such Owner's Unit, or lying between and ‘ adjoining such Owner's Unit and the paved section of the street (i.e: within the City of Houston 14
n such Owner's Unit as well as the drainage facilities for such Owner's Unit, or lying between and ‘ adjoining such Owner's Unit and the paved section of the street (i.e: within the City of Houston 14 Description: Harris,TX Document-Alipha.DociID u.414133 Page: 14 of 25 Order: 000000 Comment: .
a {° ‘ 932-55-1;861.
right-of-way) and the drainage facilities for such Gwner's Unil whether focated on such Owner's Unit or within the Common Area, Section Z, Qwner’s Utiliiv Line feintenance. The Owner shall maintain and keep in repair the following equipment and lines located outside the Unit: air conditioning compressor condenser, including pipes and electrical tines connecting same to the Unit, sanitary sewer line connecting the Unit to the sanitary sewer, electric, natural gas, and/or telephone services lines located on the Lot but not maintained by the electric, gas and/or telephone companies; provided, however, that any lines, pipes, wite, conduits or systenis running through a Unit which serve one or more Units and which are not maintained by any utility company, shall be operated, repaired and maintained by the Association, and shall not be distributed or relocated by an Owner without the written consent and approval of Declarant or the Board. An Owner shail do no act nor any work that will impair the structural soundness or integrity of any Unit or impair any casement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the other Units or their Owners.
Section 3, Association's Maintenance. Except when caused by the acts or omissions of an Owner, the Association shall be obligated to maintain the Driveway Basements, landscaping within the Common Area and all facilities located within the Common Area, except drainage facilities.
ns of an Owner, the Association shall be obligated to maintain the Driveway Basements, landscaping within the Common Area and all facilities located within the Common Area, except drainage facilities.
Other than as specifically set forth in these Restrictions, the Association shall have no duty or obligation to maintain, repair or insure any’ portion of the Property or otherwise expend funds for the benefit of the Owners of Units.
Section 4, Neglect of Quner. In the event that the necessity of maintenaace or repair is caused by a negligent act of the Owner, his family, or guests, invitees, employees or agents, the cost of such maintenance or repair shall be added to and become a part of the assessment of the offending Owner to which such Unit is subject.
premises end improvements situated on such Owner's Unit in a manner satisfactory to the Board, the Association shall have the right, through ifs agents and employees, to enter upon said Lot and to repair, maintain and restore the Unit and any improvements erected thereon, The cost of such exterior maintenance shali be added to and become a part of the assessment fo which such Unit is subject.
ARTICLE IX PARTY WALLS Section L. General Rules of Law (o Apply, Bach wall which is built as a part of the original construction of the Units upon the Property and placed on the dividing line between the Units shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the genoral rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply *hereto, Ifa wall which is intended as a party wall is situated
genoral rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply *hereto, Ifa wall which is intended as a party wall is situated entirely or partly on one Unit building Lot instead of on the dividing line between Unit building Lote, due to error in construction, such wall shall nevertheless be deemed to be on the dividing line 5 Description: Harris,TX Document-Alpha.DocID u.414133 Page: 15 of 25 Order: 000000 Comment: * 932-59-U862 and shail constitute 4 party wall for the purpose of this Article. Reciprocal easements shall exist upon and in favor of the adjoining Unit building Lots for the maintenance, repair and reconstnuction of the party walls. The principles of this Article shall also apply to party fences separating adjoining Lots.
Seetion 2, Sharing of Repair and Matntenance, Cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall equally.
Sertion 3, Destruction by Fire or Other Casualty, Ifa party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such uso without prejudice, however, to the right of any such constructing Qwmer to call for a larger contribution from the others under any rule regarding liability for negligent or willful acts or omissions.
Section 4, Right io Contribution Runs With Lend, The right of contribution referred to under this Article shall be a burden upon and appurtenant to the Property and shall pags to euch Lot Owner's successors in title.
Section 5, Axbitration, In the event of any dispute arising conceming a party wall, or under
ll be a burden upon and appurtenant to the Property and shall pags to euch Lot Owner's successors in title.
Section 5, Axbitration, In the event of any dispute arising conceming a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all three arbitrators. Should any party refuee to appoint an arbitrator within ten (10) days after written request therefor, the Board shail select an arbitrator for the refusing party or parties.
ARTICLE X.
USE RESTRICTIONS se Section 1, Resident] Use, Except for Common Area facilities, the Property is hereby reatricted to residential dwellings for residential use only. Only one family may reside in cach Unit.
Except as provided herein, the Common Area shall not be used for any commercial purposes. All buildings or structures erected upon said Property, except for the Common Arvas shall be of on-site construction and no buildings or structures shal] be moved from other locations onto said Property and no subsequent buildings or structures other than Units shall be constructed. No structures of'a temporary character, including trailers, motor vehicles, tents, shacks, or otlier out-buildinge may be used on any portion of said Property at any time as a residence, either temporarily or permanently.
Section 2, Freehold Estate, Each Unit shall be conveyed as a separately designated and tegally described freehold estate subject to the terms, conditions and provisions hereof.
Section 3, Use by Declarant, Notwithstanding any provisions herein containod to the contrary, it shall be expressly permissible for Declarant or the builder of said Units to maintain,
ovisions hereof.
Section 3, Use by Declarant, Notwithstanding any provisions herein containod to the contrary, it shall be expressly permissible for Declarant or the builder of said Units to maintain, during the period of construction and sale of said Units, upon such portion of the Property as Declarant dcems necessary, such facilities ag in the sole opinion of the Declarant may be reasonably 16 \ Description: Harris,TX Document-Alpha.DocID u.414133 Page: 16 of 25 Order: 000000 Comment: ‘ ra tO 9332-55-18 63 required, convenient or incidental to the construction and sale of said Units, iictuding, but without limitation, a business office, storage area, construction yards, model units and sales office, Sectlon 4, Animals, No animals, livestock or poultry of any kind shall be raised, bred, or kept on any of said Unite, except that a total of two (2) dogs, cala or other common household pets may be kept, provided that they are not kept, bread or maintained for any commercial purposes.
Sectlon 5, Signs, No advertising signs (except not more than one ([) five square foot “for rent” or “for gale” signs per Lot), billboards, unsightly objects, or nuisances shall be erected, placed or permitted to remain on said Property, nor shall said Property be used in any way or for any purpose which may endanger the health or unreasonably disturb the Owner of any Unit or any resident thereof. Declarant, however, shall have the sole right to place identifying signs of any size at each entrance to the Property. Tho Board reserves the right to approve the design and wording of all signs, and reserves the right to enter in and upon any Unit for the purpose of removing any sign being maintained theron Which has not been approved and shall not be liable to any person or
ing of all signs, and reserves the right to enter in and upon any Unit for the purpose of removing any sign being maintained theron Which has not been approved and shall not be liable to any person or persons for any damages of whatever nature in doing so in a reasonable manner, No business activities of any kind whatsoever, whether part time or full time, shall be conducted in any Unit or in any portion of said Property; provided, however, the foregoing covenants shall not apply to the business activities, signs, and billboards, or the construction and maintenance of buildings, if any, of Declarant, its agerits and assigns during the construction and sale period, or of the Association as incorporated or to be incorporated under the laws of the State of Texas, its successors and assigns, in furtherance of its powers and purposes as herein set forth, and further provided that an Owner may use his Unit for professional or other home occupations so long as there is no external evidence thereof (such as consultation in person with clients or customers at the Unit).
Section 6 Garbage, Ail rubbish, trash, and garbage shall be kept in clean and sanitary containers within the areas designated by the Asscciation for collection purposes. Other than on the day of trash pick-up, no trash cans or garbage cans shall at any time be permitted to remain on the Ne street or where same cant be seen from the street. No Unit shall be used or maintained as a dumping ground for trash, Landscapiag, No planting or gardening shall be done, and no fences, hedges or walls shall be erected or maintained upon said Property except such a3 are installed in accordance with the inijial consirautiun of the buildings located thoroon or os approved by the Architectural
or walls shall be erected or maintained upon said Property except such a3 are installed in accordance with the inijial consirautiun of the buildings located thoroon or os approved by the Architectural Contro! Committee. Except for the right of ingress and egress, the Owners of the Units are hereby prohibited and restricted from using any of said Property outside their respective Units, except as herein provided or as may be allowed by the Board. It is expressly acknowledged and agreed by all parties concerned that this paragreph is for the mutual benefit of all Owners of Units in the Property and is necessary for the protection of said Owners.
Section 8, Antennas, Without prier written approval of the Board, no exterior television or radio antennas or satellite dishes more than one meter in diameter ahall be placed, allowed or maintained upon any portion of the Property, other than an aerial for a master antenna system for the Property, should any such master system or systems be utilized by the Association and require any such exterior antenna, The Association and/or the Committee shall have the right to designate the location of all satellite antenna or dishes, 17 Description: Harris,TX Document-Alpha.DocID u.414133 Page: 17 of 25 Order: 000000 Comment: 932-55-! Bot Sestlon 9, Storage of Vebleles, No outdoor parking space on the Property shall, withaut weitien permission of the Ausociation, be use! for storage of campers, boats, trailers, unused or inoperable automobiles or any other items which the Association deems unsightly or inappropriate, and all outdoor parking spaces shall be used by Owners subject to the rules and regulations of the Agsociation.
Section 10, Nulzamee, No noxious or offensive activity shail be carried on upon any Unit
and all outdoor parking spaces shall be used by Owners subject to the rules and regulations of the Agsociation.
Section 10, Nulzamee, No noxious or offensive activity shail be carried on upon any Unit or the Common Area, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the ather Owners. No repair work, dismantling or assembling of motor vehicles or any other machinery or equipment shall be permitted in any street, driveway or yard adjacent to a street, or in the Commion Area, No Lot shall be further subdivided and separated into smaller lots, and no portion less than all of any Unit shall be transferred or conveyed.
Section 12, Leating. Units may be leased solely for residential purposes and only for periods in excess of thirty (30) days. Every lease shall provide that the tenant shall be bound by and subject to this Declaration. The Owner making such lease shall not be relieved from any of such obligations.
ARTICLE XL EASEMENTS Section 1, Minor Encraachments, Eack Unit end the Property included in the Common Area shall be subject to an easement for minor encroachments created by construction, settling, overhangs, brick ledges, balconies, fences, air conditioning equipment, or other protrusions designed or constructed by Declarant and for the maintenance (if any) of same, 80 long as it stand, and shall —— and does exist. In the event any Unit is partially or totally destroyed and then rebuilt, the Owners agree that minor encroachments onto parts of the Unit Lots adjacent to the Unit so affected or Common Areas due to construction or repairs shall be permitted and that a valid easement for euch encroachment and the maintenance thereof shall exist.
Sexting %. Blanket mecoment There is herehy created a blanket easement upon, across,
repairs shall be permitted and that a valid easement for euch encroachment and the maintenance thereof shall exist.
Sexting %. Blanket mecoment There is herehy created a blanket easement upon, across, over and under the Property for ingress, egress, installation, examination, replacing, repairing, providing, and maintaining al] utilities servicing the Property, including but not lirnited to water, sewer, gas, telephone and electrical, a master/cable television antenna system, and HVAC units. By virtue of this eusement, it shall be expressly permissible for the providing utility company to erect and maintain the necessary equipment on said Property and to affix and maintain electrical, cable and/or telephone wires, circuits, meters, and conduits on, above, across and under the roofs and exterior walls of said Units. An casement is, in addition, specifically granted to the United States Post Office Services, its agents and employees to enter upon the Common Area and Lots in the performance of mail delivery or any other United States Post Office services. An easement is further granted to all police, fire protection, ambulance and al! similar persons to enter upon the Common ‘Area and Units in the performance of their duties. Further, an easement iz hereby granted to the Association, its officers, agents, employees, and to any menagement company duly selected by the 18 Description: Harris,TX Document-Alpha.DocID u.41 : -414133 Page: i Order: 000000 Comment: , 7 9 08 2° 932-551 BBS Association, to enter in or to cross over the Common Area and/or any Unit to perform the duties of miaintenance and repair of the Unit or Driveway Easement or Common Area provided for herein.
Notwithstanding anything to the contrary contained in this paragraph, no sewers, electrical lines,
uties of miaintenance and repair of the Unit or Driveway Easement or Common Area provided for herein.
Notwithstanding anything to the contrary contained in this paragraph, no sewers, electrical lines, water lines, or other utilities may he installed or relocated on said Property except as initially planned, programmed and approved by the Declarant owning the portion of said Property affected by said utility installation or location unless thereafter approved by said Declarant or the Board.
Should any ulility furnishing a service covered by the general easement herein provided request a specific easement by sepurate recordable document, Declarant or the Board shall have the right to grant such easement on the portion of the Property owned by it without conflicting with the terms hereof. The easements provided for in this Article XJ shall in no way affect any other recorded easement on said premises.
Section 3. Reriprocal Access Easements, Each of the Ownery of the Units designated on the the map or plat recorded under Film Code No. 436101 in the Map Records of Harris County, Texas, grants to the Association and al! other Owners of the Units (“Easement Grantees”), for the benefit of each of the Rasement Grantees, their tenants, successors and assigns, a perpetual nonexclusive access casement allowing free and unobstructed access, including ingress and egress over the portion of the granting Owner's Unit contained with the area of the Property designated as a 28 foot wide Permanent Access Easement (the “Driveway Zasement”) on the map or plat recorded under Film Code No, 436101 in the Map Records of Harris County, Texas.
The Driveway Easement is appurtenant to and runs with each of the Units. Inno event shall
Zasement”) on the map or plat recorded under Film Code No, 436101 in the Map Records of Harris County, Texas.
The Driveway Easement is appurtenant to and runs with each of the Units. Inno event shall any Owner park any vehicle or place another item in such a position as to impede use of the Driveway Basement. The Association is authorized to remove any vehicle or other item which may impede use of the Driveway Easement and assess the Owncr responsible therefor for the cost of stich removal, Section 4, Electrical Service, An above ground electronic distribution aystem will be installed in the Property, which service area embraces all of the Units, This electrical distribution a system ehall consist of overhead primary feeder circuits constructed on wood or steel poles, single or three phase, as well az primary and secondary circuits, pad mounted or other types of transformers, junction boxes, and such other appurtenances as shall be necessary to make electrical service available. In the overt that there are constructed within the Property structures containing multiple dwelling units such as duplexes, then the service area embraces all of the dwelling units invuivel. The Gwaci ofeach Undt shall, at ids or its own cost, furnith, inetall, own and maintain (all in accordance with the requirements of local goveming authorities and the National Electrical Code) the service cable and appurtenances from the point of electrical company's metering at the structure to the point of attachment at such comparty’s installed transformers or energized secondary junction boxes, such point of attachment to be made available by the electric company at & point designated by such company at the property line of each Unit, The electric contpany furnishing
econdary junction boxes, such point of attachment to be made available by the electric company at & point designated by such company at the property line of each Unit, The electric contpany furnishing service shall make the necessary connections at said point of attachment and at ihe meter, Declarant has either by designation on the plat of the Property or by separate instrument or within this Declaration granted necessary easements to the electric company providing for the installation, maintenance and operation of its clectric distribution system and has also granted to the various Owners reciprocal easements providing for access to the area occupied by and centered on the service wires of the various Qwner’s owned, and installed service wires. In addition, the Owner of 19 Description: Harris,TX Document-Alpha. DocID u.414133 Page: 19 of 25 Order; 000000 Comment: 932~55-1 865 cach Una containmy a singles dwelling unit shall, et his or its own cost, furmush, ingtall, own and muinlain @ meter loop (in accordance with the then current Standards and Specifications of the electric company fumishing aervice) for the location and installation of the meter of such electric company for each dwelling unit involved. The electric service to cach dwelling unit shai) be uniform in character and exclusively of the type known ag single phase, 20/240 volt, three wire, 60 cycle, altemating current. Easements for the electric service may be crossed by driveways, walkways, and patio areas, provided the Declarant or builder makes Prior arrangements with the utility company furnishing such service. Such easements for the electrical service shall be kept clear of all buildings and neither Declarant nor the utility company using the eaaement shall be liable for any damage done
ishing such service. Such easements for the electrical service shall be kept clear of all buildings and neither Declarant nor the utility company using the eaaement shall be liable for any damage done by either of them or their aasigns, their agents, employees or servants to shrubbery, trees, flowers, driveways, walkways or other improvements of the Owner located on the Property covered by said easements, The Owner will repair damage to driveways and walkways caused by the utility company in connection with its use of the easement.
: Section 5, Water Service, A water service and distribution system will be installed in the Property, which service area embraces all of the Units. This water distribution system shall consist of water meters and water lines, and such other appurtenances as shall be necessary to make water service available, In the event that there are constructed within the Property structures containing multiple dwelling units such as duplexes, then the service area embraces all of the dwelling units involved, The Owner of each Unit shall, at his or its own cost, furnish, install, own and maintain (all in accordance with the requirements of local governing authorities) the water service lines and appurtenances fiom the structure to Lot boundary of each Unit. ‘The City of Houston « Water Department's (Water Department) farnishing service shall rake the heceasary connections at said point of attachment to the meter on the Property. Declarant has either by designation on the plat of the Property or by separate instrument or within this Declaration granted necessary easements to the Water Department providing for the installation, maintenance and operation of its water distribution
he Property or by separate instrument or within this Declaration granted necessary easements to the Water Department providing for the installation, maintenance and operation of its water distribution system and has also granted to the various Owners reciprocal easements providing for access to the area occupied by and centered on the water service lines of the various Owner’s owned, and installed service lines, Easements for the water service may be crosaed by driveways, walkways, and patio areas, provided the Declarant or builder makes prior arrangements with the Water Department NN furnishing such service. Such easements for the water service shall be kept clear of all buildings and neither Declarant nor the Water Department using the easement shall be Hable for any damage done by either of them or their assigns, their agents, employees or servants to shrubbery, trees, flowers, driveways, walkways or other improvements of the Owner located on the Property covered by said easements. The Qwner will renair demsos to drivewaye end wallovays caused b y ihe Waier Department in connection with its use of the easement.
Section 6, Entrance Gate Resement, Declarant or the Association shall have the right, but no obligation, at its sole option to construct an access gate or facility for monitoring entry into the Property, in which event the Association shall maintain such access gate or facility. Accordingly, there is hereby created in favor of the Declarant and the Association an easement upon, 2CTORS, OVEr and under the Lots, Common Arca and Driveway Easement for ingress and egress, installation, construction, replacing, repairing and maintaining such access gate or facility.
Section 7, Drainage Easement, A drainage system will be constructed upon the Property
ingress and egress, installation, construction, replacing, repairing and maintaining such access gate or facility.
Section 7, Drainage Easement, A drainage system will be constructed upon the Property to provide drainage for the Units. No drainage facilities shall be installed or relocated on the 20 Description: Harris,TX Document-Alpha.DocTD u.414133 Page: 20 of 25 Order; 000000 Comment: " 932-55-1.BE7, Property except as initially constructed by Declarant unless approved by the Declarant or the Hoard.
There is hereby created a blanket easement upon, cross, over and under the Property for ingress, egress, installation, examination, replacing, repairing, providing, and maintaining such drainage system and the storm sewer facilities.
ARTICLE Xfi.
GENERAL PROVISIONS Section L, Security, The Association may, but shal! not be obligated to, maintain or support certain activities within the Property designed to make the Property safer than they otherwise might be. NEITHER THE ASSOCIATION, DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF SECURITY WITHIN THE PROPERTY, HOWEVER, AND NEITHER THE ASSOCIATION, DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OR FAILURE TO PROVIDE ADEQUATE SECURITY OR INBFFBCTIVENESS OF SECURITY MEASURES UNDERTAKEN. ALL OWNERS AND OCCUPANTS OF ANY UNITS, TENANTS, GUESTS, AND INVITEES OF ANY OWNERS, AS APPLICABLE, ACKNOWLEDGE THAT THE ASSOCIATION, THE BOARD OF DIRECTORS, DECLARANT, OR ANY SUCCESSOR DECLARANT AND THE ARCHITECTURAL CONTROL COMMITTEE DO NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM SYSTEM OR OTHER SECURITY SYSTEM DESIGNATED BY OR INSTALLED ACCORDING TO GUIDELINES ESTABLISHED BY THE
TURAL CONTROL COMMITTEE DO NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION SYSTEM, BURGLAR ALARM SYSTEM OR OTHER SECURITY SYSTEM DESIGNATED BY OR INSTALLED ACCORDING TO GUIDELINES ESTABLISHED BY THE DECLARANT OR THE ARCHITECTURAL CONTROL COMMITTEE MAY NOT BE COMPROMISED OR CIRCUMVENTED, THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT, HOLD-UP OR OTHERWISE, NOR THAT FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER AND OCCUPANT GF ANY UNIT, AND EACH TENANT, GUEST AND INVITEE OF AN OWNER, AS APPLICABLE, ACKNOWLEDGES AND UNDERSTANDS THAT THE ASSOCIATION, THE BOARD OF DIRECTORS, THE ARCHITECTURAL CONTROL COMMITTEE, DECLARANT OR ANY SUCCESSOR DECLARANT ARE NOT INSURERS AND THAT EACH OWNER ASSUMES ALL RISKS FOR LOSS OF DAMAGE TO PERSONS, 'O UNLIS AND 10 Trib CONTENTS OF UNITS AND FURTHER ACKNOWLEDGES THAT THE ASSOCIATION, JHE BOARD OF DIRECTORS, THE ARCHITECTURAL CONTROL COMMITTEE, DECLARANT OR ANY SUCCESSOR DECLARANT HAVE MADE NO REPRESENTATIONS OR WARRANTIES NOR BAS ANY OWNER, OCCUPANT, TENANT, GUEST OR [NVITEE RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE AND/OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTY.
21 Description: Harris,TX Document-Alpha.DocID u.414133 Page: 21 of 25 Order: 200000 Comment: 932-551. 868 Section 2, Enforcement. ‘The Association or any Owner shall bave the right to enforce, by
TY.
21 Description: Harris,TX Document-Alpha.DocID u.414133 Page: 21 of 25 Order: 200000 Comment: 932-551. 868 Section 2, Enforcement. ‘The Association or any Owner shall bave the right to enforce, by and proceeding at taw or in equity, all restrictions, conditions, covenants, reservations, fiens and charges now or hereafter imposed by the provisions of this Deélaration, or abate, prevent or enjoin any vidlation or attempted vialation hereof, or recover monetary damages caused by such violation oy attempted violation. Failure or delay by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Severability, Invalidation of any one of these covenants or restrictions by judgment or by court order shall in no wise affect any other provisions which shall remain in Full force and effect.
Section 4. Duration, The covenants and restrictiona of this Declaration shall nn with and bind the Property, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Unit subject to this Declaration, their respective legal representatives, heir, successors, and assigns for a term of twenty (20) years from the date of this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless at the end of the original term or any extension thereof, a document signed by the Owners of not less than ninety percent (90%) of the Units evidencing their desire not to extend is properly recorded in the Real Property Records of Harris County, Texas.
Section 3, Declarant reserves, and shall have the continuing right unti the
f the Units evidencing their desire not to extend is properly recorded in the Real Property Records of Harris County, Texas.
Section 3, Declarant reserves, and shall have the continuing right unti the Blection Date, without the joinder of any Owner, or any other person or entity to amend these Restrictions for the purpose of clarifying or resolving any ambiguities or conflicts herein, oF comecting any inadvertent misstatements, errors or admissions herein, or to meet any requirentents specified by the Veterans Administration, the Federal Housing Administration, the Federal Nationa: Mortgage Association, or any other similar secured or guaranteed mortgage agency or authority with an interest in any loan relating to any Unit within the Property.
~ These Restrictions may also be amended as follows: ; aanend this document without the approval of any additional Owners or lienholder; or (Z} By an Instrument signed by the Owners of not less than seventy-five percent (75%) of the Units within the Property.
Any amendment must be properly recorded in the Real Property Records of Harris County, Texas.
‘All first lienholders shall be given wiiten notice of (i) any proposed termination of these : Restrictions or (ii) any amendment of these Restrictions, or (iil) any proposed election not to oxtend r these Reatrictions as herein provided, or (iv) any amendments which would allaw the Members to ’ alienate the Common Ares without the consent of all the lienholders, or (v) any amendment to change the ratio of assessments a3, t the Owners as herein provided.
Section & Anything to the contrary contained herein notwithstending, all
he consent of all the lienholders, or (v) any amendment to change the ratio of assessments a3, t the Owners as herein provided.
Section & Anything to the contrary contained herein notwithstending, all Lienholders have the right to (a) inspect the books and recortis of the Association duritig normal 22 serip : ar is, ~ Ge: De tion #H r cument~Alpha.
932-55~".869 working hourg, and (b} receive notice af abandonment or termination of the Association, Apptova!
of Licnholder shall be in secordance with the By-Laws of the Association, Section. 7, Gender and Grammar, The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisiona hereof apply either to corporations or individuals, men or women, shall in all cases be asaumed as though in each case fully expressed.
Section 8, Extension Revond Building Limes, In the original construction of Units upon the Property, Declarant expressly reserves the right, in order to facilitate construction and fo avoid monotony of design, to exterid front, back, or side walls of buildings across building lines, ag reflected on the recorded plat, and Declarant reserves the right to convey in fee simple such areas to the Owner of any Unit which extends beyond said building lines, Section 9, Notice of Condemnation or Eminent Domsin, if all or any part of the Common Area or a Unit is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain (whether permanent or temporary), the Association shall be entitled to participate in proceedings incident to its interest at its expense. The Association shall give timely written notice of the existence of such proceedings to all first mortgagees mown to the Association to have an
in proceedings incident to its interest at its expense. The Association shall give timely written notice of the existence of such proceedings to all first mortgagees mown to the Association to have an interest in any affected Unit. The expense of participation in such proceedings by the Association shail be paid out of the maintenance assessments. The Association is specifically authorized to obtain and pay for such assistance from attomeys, appraisers, architects, etigincers, expert witnesses and other persons as the Association in its discretion deems neceasary or advisable to aid it or advise it in matters relating to such proceedings. Al! damages or awards for any such taking shall be deposited with the Association, In no event shall the Association make any pro-rata disbursements to any Owners of such award, without the prior written consent of the first morigagees. The Association, in addition to the general powers set out herein, shalt have the sole authority to determine whether to defend or resist any such proceeding, to make any settlement with respect thereto; or to convey such Cormmon Area to the condemning authority in feu of such condemnation ~ proceeding. With respect to any such taking, al] damages and awards shall be determined for such taking es a whole and not for each Owner's interest therein. The Association, if it deems advisable, may call a meeting of the Owners, at which meeting the Owners, by a majority vote, shall decide whether to replace or restore as far as possible the Common Area go taken or damaged.
Reutivg 1%, Rude end Reguiniious, Tite ules aud regulations wills wapect iu ihe day-to-day maintenance, operation and enjoyment of the Property may be amended from time to time by the
aken or damaged.
Reutivg 1%, Rude end Reguiniious, Tite ules aud regulations wills wapect iu ihe day-to-day maintenance, operation and enjoyment of the Property may be amended from time to time by the Board or seventy-five percent (75%) of the voting Members. The rules and reguletiona are of equat dignity with, and shall be enforceable in the same manner as, the provisions of this Declaration, but in the event of 9 conflict, this Declaration shall control, Bach Owner, by accepting conveyance or ownership of a Unit, agrees to comply with and abide by the rules and regulations, aa the same may be amended from time to time.
Section 14, Result of Conflicting Regulations, These Restrictions shall rot permit any action or thing prohibited by the applicable zoning laws, or the laws, rules or regulations of any governmental authority, or by specific restrictive covenants of record. In the event of any conflict, the most reatrictive provisions of such laws, rules, regulations, restrictive covenants of record, or 23 Description: Harris,TX Document-Alpha.DocID u.414133 Page: 23 of 25 Order: 000000 Comment: ‘ 932-55-1.870 these Restrictions shal] govern und control, Notwithstanding this section, ar anything elec contained in these Restrictions to the contrary, in the event thal any provision of the Reatrictions conflicts with a provision contained in the changed Restrictions, the provision contained in the Changed Restrictions controfs, The parties agree to mediate in good faith to reaolve any dispute under this instrument before filing a suit for damages. Following raudiation, ail unresolved issues shall be resolved by binding arbitration, Absent an agreement to use other rules, the arbitration will be controlled by the American Arbitration Asgociation’s
llowing raudiation, ail unresolved issues shall be resolved by binding arbitration, Absent an agreement to use other rules, the arbitration will be controlled by the American Arbitration Asgociation’s Commercial Arbitration Rules, Section 13. Aitorueve’ Fees, Any party subject to this instrument who is the prevailing party in any proceeding, whether it is in negotiation, mediation, arbitration or litigation, against any other party brought under or in connection with this instrument or the subject matter hereof, shall be additionally entitled to recover all coats and reasonable attorneys’ fees, and all other related expenses, including deposition costs, arbitrator and mediator fees, travel and expert wittiess fees from the nion-prevailing party.
Section 14. Binding Effect. This instrument shall be binding upon and inure to the benefit of the Declarant, the Asgociation, any Owner or any tenant, invitee, or guest of any Owner and their respective heirs, executors, representatives, successors and assigns where permitted by this instrument.
Section 15, Choice of Law, This instrument ahali be subject to and governed by the laws of the State of Texas, excluding any conflicts-of-law rule or principle that might refer the construction or interpretation of this instrument to the laws of another state. Each party hereby submits to the jurisdiction of the state and federa} courts in the State of Texas and to venus in Harris County, Texas.
Sectlos 26, Notices, Any notice or communication required or permitted hereunder shall be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage fully prepaid, registered or certified mail, and addressed fo the intended recipient at
l be deemed to be delivered, whether actually received or not, when deposited in the United States mail, postage fully prepaid, registered or certified mail, and addressed fo the intended recipient at the last known address according to the records of the party delivering the notice. Notice given in any other manner shall be effective only if and when received by the addressee. Any addresa for notice may be changed by written notice delivered as provided herein.
Sestion 17, Lime, Time is of the easence. Unless otherwise specified, all references to “days” shal} mean and refer to calendar days. Business days shall exclude ali Saturdays, Sundays, and Texas legal banking holidays. Jn the event the date for perforraance of any obligation hereunder shalt fall on a Saturday, Sunday, or Texas legal banking holiday, then that obligation shall be performable on the next following regular business day.
24 Description: Harris,TX Document-Alpha.DocID u.414133 Page: 24 of 25 Order; 000000 Comment: , serene!
w Executed this ple} dayof STATE OF TEXAS § : COUNTY OF HARRIS This instrument waz ecknow & Texas limited fpusel dh. Gatamaa— company, re ula ngs TEXAS Se De herd 032-35~ GF DECLARANT: lot Lin Development, L.L.C.
By: Name: Title: yew et elé@pment, L.L.C., on behalf of said entity, Notary Public in and for the State of Texas Nowy Public, Rese of Texas Wy Commiadion Expires iE Augualtd, %€3 4 ELI Le Fhe Supbee na Ya ie aa Ba ties Hy Ht ise a at : .
5 = 2 S 4 wo = Ch) & Nee) COUNTY CLERK . ae = IT Oy HARAIS COUNTY TEXAS wy = o é i = fay 25 aide Volta we ' ry « .
Description: Harris,TX Document-Alpha.DocID u.414133 Page Order: 000000 Comment: e