Document

LA GARDENS CONDOMINIUM DECLARATION ica Cony Deed 2056132 $155.00 Dallas, Texas Declarant Spanish Trace Partners, L.P.

2002214 00076 DECLARATION OF BELLA GARDENS CONDOMINIUM TABLE OF CONTENTS ARTICLE 1 DEFINITIONS ARTICLE 2 PROPERTY SUBJECT TO DOCUMENTS 2.1.

SUBJECT TO DOCUMENTS 2.2.

ADDITIONAL PROPERTY 2.3.

MERGER 2.4.

RECORDED EASEMENTS AND LICENSES ARTICLE 3 PROPERTY EASEMENTS AND RIGHTS 3.1.

GENERAL 3.2.

3.3.

OWNER'S EASEMENT OF ENJOYMENT OWNER'S MAINTENANCE EASEMENT 3.4.

3.5.

3.6.

3.7.

UTILITY EASEMENT 3.8.

SECURITY 3.9.

RISK 3.10.

EASEMENT TO INSPECT & RIGHT TO CORRECT ARTICLE 4 UNITS, LIMITED COMMON ELEMENTS & ALLOCATIONS icial Copy 1 3 3 3 3 4 4 4 4 4 4 4 4 4 5 5 5 5 4.1.

UNIT BOUNDARIES 5 4.2.

4.3.

4.4.

INITIAL DESIGNATIONS OF LIMITED COMMON ELEMENTS SUBSEQUENT ALLOCATION OF LIMITED COMMON ELEMENTS REALLOCATION OF LIMITED COMMON ELEMENTS 7 7 8 4.5.

5.1.

ALLOCATION OF INTERESTS ARTICLE 5-COVENANT FOR ASSESSMENTS PURPOSE OF ASSESSMENTS 8 8 8 5.2.

53.

PERSONAL OBLIGATION.

CONTROL FOR ASSESSMENT INCREASES 8 8 5.4.

TYPES OF ASSESSMENTS 9 5.5.

REGULAR ASSESSMENTS 9 5.6. UTILITY ASSESSMENTS 10 5.7.

SPECIAL ASSESSMENTS 10 5.8.

INDIVIDUAL ASSESSMENTS 10 5.9.

DEFICIENCY ASSESSMENTS 10 5.10.

DUE DATE 10 5.11.

RESERVE! JNDS 10 5.12.

ASSOCIATION'S RIGHT TO BORROW MONEY 11 5.13.

TRANSFER-RELATED FEES 11 5.14.

LIMITATIONS OF INTEREST 11 ARTICLE 6 ASSESSMENT LIEN 11 6.1.

6.2.

ASSESSMENT LIEN SUPERIORITY OF ASSESSMENT LIEN 11 11 DECLARATION OF BELLA GARDENS CONDOMINIUM Page i 6.3.

EFFECT OF MORTGAGEE'S FORECLOSURE 6.4.

NOTICE AND RELEASE OF NOTICE 6.5.

POWER OF SALE.

6.6.

FORECLOSURE OF LIEN ARTICLE 7 EFFECT OF NONPAYMENT OF ASSESSMENTS 8.3.

ARTICLE 8-MAINTENANCE AND REPAIR OBLIGATIONS

F MORTGAGEE'S FORECLOSURE 6.4.

NOTICE AND RELEASE OF NOTICE 6.5.

POWER OF SALE.

6.6.

FORECLOSURE OF LIEN ARTICLE 7 EFFECT OF NONPAYMENT OF ASSESSMENTS 8.3.

ARTICLE 8-MAINTENANCE AND REPAIR OBLIGATIONS 8.2. OWNER RESPONSIBILITY SHEETROCK 8.4. CONCRETE 7.1.

INTEREST 7.2.

LATE FEES 7.3.

COLLECTION EXPENSES 7.4.

ACCELERATION 7.5.

SUSPENSION OF USE AND VOTE 7.6.

COLLECTION OF RENT 7.7.

MONEY JUDGMENT 7.8. NOTICE TO MORTGAGEE 7.9. APPLICATION OF PAYMENTS 8.1. ASSOCIATION ΜΑΙΝΤΑΙNS 8.5.

WARRANTY CLAIMS 8.6. OWNER'S ARTICLE 9 ARCHITECTURAL COVENANTS AND CONTROL 9.1. PURPOSE 9.2.

COMMITTEE 9.3.

9.4.

PROHIBITION OF CONSTRUCTION, ALTERATION & IMPROVEMENT 9.5.

9.6.

10.2. ASSOCIATION'S RIGHT TO PROMULGATE RULES RULES AND REGULATIONS 10.4. AGES OF RESIDENTS.

ΑΝΙMALS 10.6.

ΑΝNOYANCE 10.7.

APPEARANCE 10.8.

DRAINAGE 10.9.

DRIVEWAYS 10.10. FLOORING 10.11. LANDSCAPING 10.12. NOISE & ODOR Unofficial Copy 12 12 12 12 13 13 13 13 13 13 13 13 13 13 13 14 14 14 15 15 15 15 15 15 15 15 16 17 17 17 17 17 17 18 18 18 18 18 18 10.13. OCCUPANCY 10.14. RESIDENTIAL USE 10.15. SIGN RESTRICTIONS 10.16. SPECIFIC USES 10.17. STRUCTURAL INTEGRITY 10.18. TELEVISION 10.19. VEHICLE RESTRICTIONS 10.20. WINDOW TREATMENTS 18 18 18 19 19 19 19 20 20 DECLARATION OF BELLA GARDENS CONDOMINIUM Page ii 2002214 00078 ARTICLE 11 UNIT LEASING 11.1.

LEASE CONDITIONS 11.2.

OWNER OCCUPANCY 11.3.

EVICTION OF TENANTS 11.4.

MORTGAGEES & DECLARANT EXEMPT ARTICLE 12- ASSOCIATION OPERATIONS 12.1.

BOARD 12.2.

THE ASSOCIATION 12.3.

GOVERNANCE 12.4.

MEMBERSHIP 12.5.

BOOKS & RECORDS 12.6.

INDEMNIFICATION 12.7.

OBLIGATIONS OF OWNERS ARTICLE 13 ENFORCING THE DOCUMENTS 13.1.

REMEDIES 13.2.

BOARD DISCRETION 13.3.

NO WAIVER 13.4.

RECOVERY OF COSTS 13.5. NOTICE AND HEARING

KS & RECORDS 12.6.

INDEMNIFICATION 12.7.

OBLIGATIONS OF OWNERS ARTICLE 13 ENFORCING THE DOCUMENTS 13.1.

REMEDIES 13.2.

BOARD DISCRETION 13.3.

NO WAIVER 13.4.

RECOVERY OF COSTS 13.5. NOTICE AND HEARING ARTICLE 14- INSURANCE 14.1.

GENERAL PROVISIONS 14.2.

PROPERTY INSURANCE 14.3. LIABILITY INSURANCE 14.4. WORKER'S COMPENSATION 14.5.

FIDELITY COVERAGE 14.6.

DIRECTORS AND OFFICERS LIABILITY 14.7.

MORTGAGEE REQUIRED POLICIES 14.8.

OTHER POLICIES 14.9 OWNER'S RESPONSIBILITY FOR INSURANCE ARTICLE 15-RECONSTRUCTION OR REPAIR AFTER LOSS 15.1. SUBJECT TO ACT 15.2.

RESTORATION FUNDS 15.3.

COSTS AND PLANS 15.4.

OWNER'S DUTY TO REPAIR Jhoficial Copy 20 21 21 21 21 21 22 22 22 22 23 23 23 23 23 24 24 24 25 25 26 26 26 26 26 26 27 27 27 27 27 15.5. OWNER'S LIABILITY FOR INSURANCE DEDUCTIBLE 28 16.1.

16.2. TERMINATION ARTICLE 16 TERMINATION AND CONDEMNATION ASSOCIATION AS TRUSTEE 16.3. CONDEMNATION ARTICLE 17-MORTGAGEE PROTECTION 28 28 28 28 29 17.1.

17.2.

17.3.

INTRODUCTION AMENDMENT TERMINATION 29 29 29 17.4. IMPLIED APPROVAL 17.5. OTHER MORTGAGEE RIGHTS 17.6.

INSURANCE POLICIES 29 29 30 DECLARATION OF BELLA GARDENS CONDOMINIUM Page iii 2002214 00079 17.7. NOTICE OF ACTIONS 17.8.

AMENDMENTS OF A MATERIAL NATURE ARTICLE 18 AMENDMENTS 18.1.

CONSENTS REQUIRED 18.2.

METHOD OF AMENDMENT 18.3.

EFFECTIVE 18.4.

DECLARANT PROVISIONS ARTICLE 19 DISPUTE RESOLUTION 19.1.

INTRODUCTION & DEFINITIONS 19.2.

MANDATORY PROCEDURES 19.3.

NOTICE 19.4.

NEGOTIATION 19.5. MEDIATION 19.6.

TERMINATION OF MEDIATION 19.7. ALLOCATION OF COSTS 19.8. ENFORCEMENT OF RESOLUTION 19.9. GENERAL PROVISIONS 19.10. LITIGATION APPROVAL & SETTLE 20.1.

20.2.

INTERPRETATION ARTICLE 20 - GENERAL PROVISIONS COMPLIANCE HIGHER AUTHORITY 20.3., ΝΟΤICE.

COSTS 19.8. ENFORCEMENT OF RESOLUTION 19.9. GENERAL PROVISIONS 19.10. LITIGATION APPROVAL & SETTLE 20.1.

20.2.

INTERPRETATION ARTICLE 20 - GENERAL PROVISIONS COMPLIANCE HIGHER AUTHORITY 20.3., ΝΟΤICE.

20.4. LIBERAL CONSTRUCTION 20.5.

SEVERABILITY 20.6. CAPTIONS 20.7.

20.8. DURATION 20.9. PREPARER 20.10. APPENDIXES SIGNED AND ACKNOWLEDGED APPENDIX A- DESCRIPTION OF SUBJECT LAND APPENDIX B- DECLARANT REPRESENTATIONS & RESERVATIONS Unofficial Copy 30 30 31 32 32 32 33 33 33 33 33 33 33 34 34 34 34 34 34 34 34 34 35 35 35 35 35 B-1 Β.1.

GENERAL PROVISIONS B-1 Β.2.

B.4.

DECLARANT CONTROL PERIOD RESERVATIONS & LIMITATIONS DEVELOPMENT PERIOD RIGHTS & RESERVATIONS B-1 B-3 8.5.

SPECIAL DECLARANT RIGHTS B-4 B.6.

ADDITIONAL EASEMENTS & RIGHTS 8-5 8.7. ACTIONS REQUIRING FHA/VA APPROVAL B-5 B.8.

WORKING CAPITAL FUND B-5 B.9.

SUCCESSOR DECLARANT B-5 APPENDIX C SCHEDULE OF ALLOCATED INTERESTS APPENDIX D-PLATS AND PLANS APPENDIX E EASEMENTS AND LICENSES APPENDIX F LIENHOLDER CONSENT TO DECLARATION DECLARATION OF BELLA GARDENS CONDOMINIUM Page iv 2807214 00080 DECLARATION OF BELLA GARDENS CONDOMINIUM ee Se 4 @ Texas limited partnership ("Declarant"), on the date signed below. Dec\ara in Appendix A of this Declaration, together with the improvements tthe ecording this Declaration, Declarant submits the property described in Appendix A to the provision’ as Uniform Condominium Act, Chapter 82 of the Texas Property Code, for the purpgse of crea E Gardens Condominium.

portions of Bella Gardens, and to protect the required by State law, Declarant is creating activities more fully described in this Declaration> est in Appendix A will be held, transferred, sold, endumbered subject to the terms, covenants, conditions,

ired by State law, Declarant is creating activities more fully described in this Declaration> est in Appendix A will be held, transferred, sold, endumbered subject to the terms, covenants, conditions, dding Declarant's representations and reservations in the roperty and bind all parties having or acquiring any right, title, sors, and assigns, and inure to the benefit of each owner of conveyed, leased, occupied, used restrictions, and easements of tl attached Appendix B, which or interest in the property, the property.

ARTICLE 1 DEFINITIONS DEFIN als defined otherwise in this Declaration, words and phrases defined in Section 82.008 B Ack haviatbe same meaning when used in this Declaration. The following words and phrases, whethe Ok capitalized, have specified meanings when used in the Documents, unless a different baning Raphareat from the context in which the word or phrase is used.

"Act" means Chapter 82 of the Texas Property Code, the Texas Uniform Condominium Act, as it be amended from time to time.

1.2. "Applicable Law" means the statutes and public laws and ordinances in effect at the time a provision of the Documents is applied, and pertaining to the subject matter of the Document provision.

Statutes referenced in the Documents by code number are “Applicable Law" on the date of the Document, and are not intended to apply if they cease to be applicable, or if they are replaced or superceded by one or more other statutes.

1.3. "Assessment" means any charge levied against a unit or owner by the Association, pursuant to the Documents, the Act, or other public law, including but not limited to Regular Assessments, Utility Assessments, Special Assessments, Individual Assessments, and Deficiency Assessments, as defined in Article 5 of this Declaration.

public law, including but not limited to Regular Assessments, Utility Assessments, Special Assessments, Individual Assessments, and Deficiency Assessments, as defined in Article 5 of this Declaration.

1.4. "Association" means the association of owners of all units in the Property, initially organized as Bella Gardens Homeowners Association, a Texas nonprofit corporation, and serving as the "association" defined by the Act, and as the "property owners’ association" defined in Section 202.001(2) of the Texas a in DECLARATION OF Page 1 BELLA GARDENS CONDOMINIUM w7z7214 UOOs!

aan a anneal Se MEY cho rR aU a aba A te Ry Ra Sarg oe sale cag EUS EERE EWE Ga MEAS UE a Property Code. The failure of the Association to maintain its corporate charter from time to time affect the existence or legitimacy of the Association, which derives its authority from this Declara bylaws, and the Act.

1.5. "Board" means the board of directors of the Association.

1.6. "Bylaws" means the bylaws of the Association, as they may be amende 1.7. "Common Element" means all of the Property, save Elements are "General Common Elements” except, if any, "Limited this Declaration for the exclusive use of one or more but less thanfe 1.8. “Declarant" means Spanish Trace Partners, L.P., & converting the Property to condominium ownership, or the L.P., which acquire any portion of the Property for the pu and which are designated a Successor Declarant by Spani and assign, in a recorded document.

1.9. "Declarant Contral Period” operation and management of the Association of the Declarant Control Period is from the/lgte Kppendix B of this Declaration. The duration aration is recorded for 2 maximum period not to

ontral Period” operation and management of the Association of the Declarant Control Period is from the/lgte Kppendix B of this Declaration. The duration aration is recorded for 2 maximum period not to 1.11. "“Developmer eans the 7-year period beginning the date this Declaration is recorded, during which#eclara Scertain rights pursuant to Appendix B hereto, including tights related i ahsion, and marketing of the Property. The Development Period is for aterm hat Declarant own any portion of the property described in Appendix A.

evelopment Period, Appendix B has priority over the main body of this Declaration. | Documents” means, singly or collectively as the case may be, this Declaration, the Plat and Plansxecorded pursuant to the Act, the Bylaws, the Association's Articles of Incorporation, and the Rules of the Association, as any of these may be amended from time to time. An appendix, exhibit, schedule, or certification accompanying a Document is a part of that Document.

1.13. “Majority” means more than half.

1.14. "Member" means a member of the Association, each member being an owner of a unit, unless the context indicates that member means a member of the board or a member of a committee of the Association.

1.45, "Mortgagee” means a holder, insurer, or guarantor of a purchase money mortgage secured i by a recorded senior or first deed of trust lien against a unit. 4 1.16. "Owner" means a holder of recorded fee simple title to a unit. Declarant is the initial owner of all units. Sellers under contracts for deed are owners. Mortgagees who acquire title to a unit through a deed in lieu of foreclosure or through judicial or nonjudicial foreclosure are owners. Persons or entities ee DECLARATION OF Page 2.

BELLA GARDENS CONDOMINIUM

ees who acquire title to a unit through a deed in lieu of foreclosure or through judicial or nonjudicial foreclosure are owners. Persons or entities ee DECLARATION OF Page 2.

BELLA GARDENS CONDOMINIUM neg SS ee a : EA NOT SOT BU ry owner is a member of the Association.

1.17. "Property" means all the land subject to this Declaration and all improve rights, and appurtenances to the land. The name of the Property is Bella Gardens ¢ Property is located entirely in the City of Dallas, Dallas County, Texas. The Proper"i described in Appendix A to this Declaration, and includes every unit and common-ele 1.20. "Underwriting Lender" means a national ip guarantor, or purchaser on the secondary market, suc (Freddie Mac), Federal National Mortgage Association (HUD/FHA), U. S. Department of Veterans Affairs (VA), Mae), singly or collectively. The use of this ter jtutional “lender, insurer, underwriter, ederal Home Loan Mortgage Corporation & Mae), Federal Housing Administration 1.21.

“Unit" means a physical poy perty designated by this Declaration for separate A lat and Plans attached hereto as Appendix D, as is Declaration.

S. The real property described in Appendix A is held, transferred, F u sed, insured, and encumbered subject to the terms, covenants, hes, easements of this Declaration, including Dectarant’s representations and ach phendix B, which run with the Property, bind all parties having or acquiring he Property, their heirs, successors, and assigns, and inure to the benefit of conditions, restrictions reservations in th NOTICE his Declaration and the other Documents are subject to change from time to time. By owning or occupying a unit, you agree to remain in compliance

of conditions, restrictions reservations in th NOTICE his Declaration and the other Documents are subject to change from time to time. By owning or occupying a unit, you agree to remain in compliance with the published restrictions and rules as they change.

2.2. ADDITIONAL PROPERTY. Additional real property may be annexed to the Property and subjected to the Declaration and the jurisdiction of the Association on approval of owners representing at least two-thirds of the units in the Property, or, during the Development Period, by Declarant as permitted in Appendix B. Annexation of additional property is accomplished by recording a declaration of annexation, including an amendinent of Appendix A, in the county's Real Property Records. If units are added to the Property, amendment of Appendix C is also required.

2.3, | MERGER. Merger or consolidation of the Association with another association must be evidenced by an amendment to this Declaration. The amendment must be approved by owners representing at least two-thirds of the total allocated votes. On merger or consolidation of the Association with another association, the property, rights, and obligations of another association may, by operation of law, be added to the properties, rights, and obligations of the Association as a surviving corporation pursuant to the DECLARATION OF Page 3.

BELLA GARDENS CONDOMINIUM AEOEN Ke GSR RAST TKS TE NT anata ence ges enters ene a the Property, together with the covenants and restrictions established on any other property jurisdiction. No merger or consolidation, however, will effect a revocation, change, or agdith

end'en” 3 a the Property, together with the covenants and restrictions established on any other property jurisdiction. No merger or consolidation, however, will effect a revocation, change, or agdith covenants established by this Declaration within the Property.

2.4. RECORDED EASEMENTS AND LICENSES. In addition to the ease contained in this Declaration, the Property is subject to all easements, licenses, lea 3.1. GENERAL. In addition to other easerp Property is subject to the easements and riots ponte 3.2. CWNER'S EASEMENT OF ENJO aN : 9 r of improvements therein, subject to other rights and easements contained in the Dge ho does not occupy a unit delegates this right of enjoyment to the residents of Als‘ yni js plot entitled to use the general common elements.

é n eneral common elements, such as a recreationa! area, ay temporarily reserve the use of such area for certain persons is designed for private use, and purposes.

ANCE EASEMENT. Every owner is granted an easement over adjoining hevfaintenance or reconstruction of his unit, subject to the consent of the use of this easep doses TTOt A ests entry to an adjoining unit or common element will be made in advance for a time agien of the adjoining owner, who may not unreasonably withhold consent. If an owner S Q., e 4 c 2.

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5 oe = = uw © oO un o 3 o J er = ss @ ° = a a 2 aw ° Ss eS gy = © a 3 = o wn i Ss o ns fa NEN RINESE ° = = im 72 Wn hee = a a m in nm m Q a m wn n n Im a m Zz a m < & < ° = S © g z 2 S a 2 ae @ a a z @ g z @ = = a © @ wn o = @ = Er ° < oO s ery, aS may be reasonably required, for vehicular ingress to and egress from his unit or the appurtenant limited common elements.

3.5. OWNER'S ENCROACHMENT EASEMENT. Every owner is granted an easement for the

may be reasonably required, for vehicular ingress to and egress from his unit or the appurtenant limited common elements.

3.5. OWNER'S ENCROACHMENT EASEMENT. Every owner is granted an easement for the existence and continuance of any encroachment by his unit on any adjoining unit or common element now existing or which may come into existence hereafter, as a result of construction, repair, shifting, settlement, or movement of any portion of a building, or as a result of condemnation or eminent domain proceedings, so that the encroachment may remain undisturbed so long as the improvement stands.

3.6. | ASSOCIATION'S ACCESS EASEMENT. The Association is granted an easement of access and entry into every unit and common element to perform maintenance, to enforce architectural and use restrictions, to respond to emergencies, and to perform any other duties required by the Documents.

3.7% UTILITY EASEMENT. The Association may grant permits, licenses, and easements over the common elements for utilities, roads, and other purposes necessary for the proper operation of the Property.

} 1 s ‘ 3 d : 4 g 7 DECLARATION OF Page 4 BELLA GARDENS CONDOMINIUM Acompany or entity, public or private, furnishing utility service to the Property, is granted an easemént over the Property for ingress, egress, meter reading, installation, maintenance, repair, or replacementiof \utility lines and equipment, and to do anything else necessary to properly maintain and furnish uti eg the Property; provided, however, this easement may not be exercised without prior notice Utilities may include, but are not limited to, water, sewer, trash removal, electricity, gas, or cable television, and security.

vided, however, this easement may not be exercised without prior notice Utilities may include, but are not limited to, water, sewer, trash removal, electricity, gas, or cable television, and security.

3.8. SECURITY. The Association may, but is not ob aintain or support certain activities within the Property designed, either directly or indirectly, tb fety in or on the Property.

imself artt-his” quests, that Declarant, the Association, and their respective directors, officers, committe gents, and employees are not providers, insurers, or guarantors of security within the Property. and resident acknowledges and accepts his sole responsibility to provide security for his own pep nd pyaperty, and assumes all risks for Joss or damage to same. Each owner and resident fu Ygeythat Declarant, the Association, and their respective directors, officers, committees, ag employees have made no representations or warranties, nor has the owner or resident relies: epresentation or warranty, express or implied, particular purpose, relative to any fire, burglary, and/or intrusion systems recom ened D , OF any security measures undertaken within the Property. Each owner and resi@éh The Association discla common amenitie: NT TO INSPECT & RIGHT TO CORRECT. For a period of 10 years from the date of Declarant reserves for itself and for Declarant's architect, engineer, other design and general contractor the right, but not the duty, to inspect, monitor, test, redesign, any structure, improvement, or condition that may exist on any portion of the Property, ts, and a perpetual nonexclusive easement of access throughout the Property to the extent : geessary to exercise this right. Declarant will promptly repair, at its sole expense, any damage

e Property, ts, and a perpetual nonexclusive easement of access throughout the Property to the extent : geessary to exercise this right. Declarant will promptly repair, at its sole expense, any damage resulting-fr6m the exercise of this right. By way of illustration but not lim‘tation, relocation of a perimeter fence may be warranted by a change of circumstance, imprecise siting of the original fence, or desire to comply more fully with public codes and ordinances. This Section may not be construed to create a duty for Declarant or the Association, and may not be amended without Declarant's written and acknowledged consent.

ARTICLE 4 UNITS, LIMITED COMMON ELEMENTS & ALLOCATIONS 4.1. UNIT BOUNDARIES. The boundaries and identifying number of each unit are shown on the Plat and Plans attached as Appendix D. The boundaries are further described as follows: 4.1.1. Lower Boundary: The plane defined by the top surfaces of the floor joists is the horizontal plane defining the unit's lower boundary. In other words, anything on or affixed to the DECLARATION OF Page 5 BELLA GARDENS CONDOMINIUM he eat Sins Glas part Na RD ce ansioesd ty c= te tah knee Crete eer be aileitan shia cBal WR ic, occa!

top of the floor joists is part of the unit, including the plywood decking and lightweight <6ncrete subflooring.

4.1.2. Upper Boundary: The exterior (sky-side) surface of the sheetro perimeter ceilings is the horizontal plane defining the unit's upper boundary.

sheetrock on the ceiling is part of the unit.

4.1.3. Lateral Boundaries - Exterior Walls: On perimeter walls, are the planes defined by the inside-facing surfaces of the component of the exterior wall and by the outside-facing suyf4

of the unit.

4.1.3. Lateral Boundaries - Exterior Walls: On perimeter walls, are the planes defined by the inside-facing surfaces of the component of the exterior wall and by the outside-facing suyf4 doors and windows in the perimeter walls. For example, if thé o unit extends to the inside-facing surface of the brick wall, a al is brick veneer, the e entire wall cavity.

4.1.4, y Walls between 2 units -- the unit's lateral boundaries are the planes defined by the nv party wall. The unit on each dnd subflooring, wall cavities, ithin the unit's boundaries.

living areas.

windows, and 65 are Yes: Each unit includes the spaces and improvements within dfNant honzontal boundaries, including without limitation the windows, extacioy doors and door hardware. Each unit also includes improvements, ng the unit exclusively, whether located inside or outside the unit, ‘ontiguous with the unit, including but not limited to the following, if and flues; smoke or fire detectors; security systems; skylights; locks and r baicohy gates; and the utility equipment described below.

any: chimneys, fir handles op-patio Equipment. Each unit includes each and every utility system serving the unit he equipment and lines are located inside or outside the unit, whether or not attathedyo‘er’contiguous with the unit, beginning where the service to the unit branches from a ommdgn gr shared line, including but not limited to the following: air conditioning equipment, heating ui ut, shower pans, utility meters, fuse boxes, electrical switches, wiring, pipes, ducts, conduits, ty systems, television antennas, and telephone and electrical lines and receptacles.

SIZE OF UNIT The size of a unit may be measured different ways for different purposes,

ing, pipes, ducts, conduits, ty systems, television antennas, and telephone and electrical lines and receptacles.

SIZE OF UNIT The size of a unit may be measured different ways for different purposes, such as for tax purposes, appraisal purposes, sales purposes, and for purposes of carpeting and paint. No single measurement is definitive for all purposes. Measurements may be of the area under roof, or the air conditioned space, or the area within the unit's legal boundaries. The unit's partition wall cavities and/or its perimeter wall cavities may or may not be included. The unit's patio or balcony space may or may not be included.

4.1.7. Exclusions: Except as specifically included above, each unit excludes the spaces and improvements lying outside of the vertical and horizontal boundaries. Each unit also excludes any chute, pipe, flue, duct, wire, or conduit running through a unit for the purpose of furnishing utility and similar services to other units and/or common elements.

DECLARATION OF Page 6 BELLA GARDENS CONDOMINIUM 4.1.8. Inconsistency with Plans: If the foregoing description of unit boungéti inconsistent with the Plats and Plans, then this Section will control.

4.1.9. Representations of Size. The units are initially marketed on the basis number of representational floorplans, each of which is marked with a rounded énere 4.2. INITIAL DESIGNATIONS OF LIMITED COMMON ELEM 4.2.1. Shown on Plats and Plans. Portions of thacogmmon ents may be allocated as limited common elements on the Plats and Plans, attached heketo’s fidix D, by use of "LCE" and a comparable method of designation.

4.2.2. Parking Spaces. Each unit a

hacogmmon ents may be allocated as limited common elements on the Plats and Plans, attached heketo’s fidix D, by use of "LCE" and a comparable method of designation.

4.2.2. Parking Spaces. Each unit a to the unit as a limited common element ni ant ef assignment to be executed and recorded by Declarant. Any parking space not ‘és 4 instrument of assignment is a general comnte proximity to only 1 or 2 units. Asa li 0 use and air space, and does ost inc an 7 even though a space may be located in close 5 element, the parking space consists of a surface f the construction of the driveway or carport.

alconies appurtenant to a unit, being those which are and Plans. The bound of the perimeter walts the structural supperts ed commori element are the interior (balcony-facing) surfaces gring, and ceilings (if any). The balcony railings, balcony decking, gate of the balcony are general common elements. Notwithstanding ements, the unit owner, at the owner's expense, is solely responsible for (1) the routihe’ ing and appearance of the balcony, and (2) any lock, latch, or handle ona : atios & Fenced Yards. Any patio area and fenced yard appurtenant to a unit, being axe accessed by or through a unit, are limited common elements, whether or not so nPlats and Plans. The boundaries of the patio area are the interior (patio facing) surfaces meter wails and ceilings around and above the patio slab or its equivalent. The boundaries d area are the interior (patio facing) surfaces of the perimeter fence and gate. The fence arty gate around a patio or yard area are general common elements. Notwithstanding this designation of common elements, the unit owner, at the owner's expense, is solely responsible for

ate. The fence arty gate around a patio or yard area are general common elements. Notwithstanding this designation of common elements, the unit owner, at the owner's expense, is solely responsible for (2) the routine cleaning, appearance, and landscaping of the patio and yard area, and (2) aziy lock, latch, or handle on a gate, if any.

4.2.5. Stairways and Landings. Stairways and landings, the use of which is limited to certain units, are limited common elements appurtenant to those units, whether or not so designated on Plats and Plans.

4.3. SUBSEQUENT ALLOCATION OF LIMITED COMMON ELEMENTS. A common element not allocated by this Declaration as a limited common element may be so allocated only pursuant to the provisions of this Article. Declarant reserves the right in Appendix B of this Declaration, to create and assign limited common elements within the Property.

DECLARATION OF Page 7 BELLA GARDENS CONDOMINIUM .

1 pet tg Nie Oh het Ob Ne eT mortgagees of units whose interests are to be allocated or reallocated. The parties eXécutihg \the amendment will provide an executed copy of the amendment to the Association, which=x provided that the amendment complies with the provisions of this Declaration and the A must contain words of conveyance and must be recorded and indexed in the names Property. The amendment will specify to which unit or units the limited common parties executing the amendment are responsible for the preparation of the ame the Association for its reasonable attorneys’ fees in connection with revie' B 4.5. ALLOCATION OF INTERESTS. The table showing i iyi Umber and allocated interests of each unit is attached as Appendix C. The interests allo following formulas.

eys’ fees in connection with revie' B 4.5. ALLOCATION OF INTERESTS. The table showing i iyi Umber and allocated interests of each unit is attached as Appendix C. The interests allo following formulas.

4.5.1. Common Element Interests. The pe elements allocated to each unit is based on estima each plan type, compared to the total estimat Property. Plan types of similar sizes age categories. Percentages may be rounde plan type may have allocations that differ entage of undivided interest in the common aye footage of architectural drawirigs for 4.5.2. he percentage of liability for common expenses allocated to each unit is bas me formula for common element interests.

4.5.3. Votes “Bath uf e vote, the weight of which is uniform or equal for ail units, regardless of the otha rtenant to the unit.

ARTICLE 5 COVENANT FOR ASSESSMENTS IFASSZESSMENTS. The Association will use assessments for the general purposes Ing the Property, and for the common benefit of owners and residents, including ance of real and personal property, management and operation of the Association, agonably related to the purposes for which the Property was develuped. If made in good cision with respect to the use of assessments is final.

PERSONAL OBLIGATION. An owner is obligated to pay assessments levied by the board etvner or his unit. Payments are made to the Association at its principal office or at any other place the board directs. Payments must be made in full regardless of whether an owner has a dispute with the Assaciation, another owner, or any other person or entity regarding any matter to which this Declaration pertains. No owner may exempt himself from his assessment liability by waiver of the use or enjoyment of

on, another owner, or any other person or entity regarding any matter to which this Declaration pertains. No owner may exempt himself from his assessment liability by waiver of the use or enjoyment of the common elements or by abandonment of his unit. An owner's obligation is not subject to offset by the owner, nor is it contingent on the Association's performance of the Association's duties. Payment of assessments is both a continuing affirmative covenant personal to the owner and a continuing covenant running with the unit.

5.3. CONTROL FOR ASSESSMENT INCREASES. This Section of the Declaration may not be amended without the approval of owners representing at least 67 percent of the votes in the Association.

In addition to other rights granted to owners by this Declaration, owners have the following powers and controls over the Association's budget. At least 30 days prior to the effective date of a special assessment or increase in regular assessments, the board will notify an owner of each unit of the amount of, the budgetary basis for, and the effective date of the special assessment or increase. The special assessment DECLARATION OF Page 8 BELLA GARDENS CONDOMINIUM i 4 a i x 4 i i 1 2 sy 4 3 a 4 Z : 3 4 i 3 i 4 i x or increase will automatically become effective unless owners representing at least a majority of in the Association disapprove the special assessment or increase by petition or at a meetin Association. In that event, the last-approved budget will continue in effect until a revised bud by the Board.

IF YOU OWN A BELLA GARDENS UNIT, YOU MUST PAY ASSESSMENTS TO THE ASSOCIATION.

fs =) eid. Utility, Special, 5.4. TYPES OF ASSESSMENTS. There are 5 types of en Individual, and Deficiency.

by the Board.

IF YOU OWN A BELLA GARDENS UNIT, YOU MUST PAY ASSESSMENTS TO THE ASSOCIATION.

fs =) eid. Utility, Special, 5.4. TYPES OF ASSESSMENTS. There are 5 types of en Individual, and Deficiency.

5.5. | REGULAR ASSESSMENTS.

egular assessments are used for common 5.5.1. Purpose of Reqular Assessments.

Ata ated responsibilities of the Association, expenses related to the reoccurring, periodic, including but not limited to: a. Maintenance, repair, and 3 as necessary, of the common elements, and improvements, equipr f and property owned by the Association.

sof operating the Association, such as telephone, postage, office supplies, inting, meeting expenses, and educational opportunities of benefit to the ssociation.

Insurance premiums and deductibles.

Contributions to the reserve funds.

i. Any other expense which the Association is required by law or the Documents to pay, or which in the opinion of the board is necessary or proper for the operation and maintenance of the Property or for enforcement of the Documents.

5.5.2. Annual Budget. The board will prepare and approve an estimated annual budget for each fiscal year. The budget will take into account the estimated income and common expenses for the year, contributions to reserve funds, and a projection for uncollected receivables. The board will make the budget or its summary available to an owner of each unit, although failure to receive a budget or summary does not affect an owner's liability for assessments. The board will provide copies of the detailed budget to owners who make written request and pay a reasonable copy charge.

5.5.3. Basis of Reqular Assessments. Regular assessments will be based on the annual budget, minus estimated income from sources other than regular assessments. Each unit will be liable

e copy charge.

5.5.3. Basis of Reqular Assessments. Regular assessments will be based on the annual budget, minus estimated income from sources other than regular assessments. Each unit will be liable for its allocated share of the annual budget. If the board does not approve an annual budget or fail: DECLARATION OF “Page 9 BELLA GARDENS CONDOMINIUM wir2 th OOG8Y ne A Bird ERE batter AA nt moc etn ne AM AEA than An ee a ne ALAIPE Staettaae Anemia trans ark Aa Beate RA VRE ETN SYS AERA NENA 9a IN SUE Ne sk Sy ne nest tesa tne deaet RUE aT nd tena een een nen S to determine new regular assessments for any year, or delays in doing so, owners will contin the regular assessment as last determined.

5.5.4. Supplemental Increases. If during the course of a year the board.determ Rat regular assessments are insufficient to cover the estimated common expenses fq A the year, the board may increase regular assessments for the remainder off dan amount that covers the estimated deficiency.

5.6. UTILITY ASSESSMENTS. This Section applies to utilities se ingivitkys? units and consumed by the residents that are billed to the Association as a com not be submetered by or through the Association. In addition allocate the utility charges among the units by any conventional me 2 ments, the board may ar types of properties. The ell as administrative and wed in connection with utility d allocation, provided the same method or services. The board may, from time to time, change the y combination of methods is used for all units.

5.7. SPECIAL ASSESSMENTS. In addition 6 fe2 anwutility assessments, and subject to the owners’ contro! for assessment increases, the’ ay prie or more special assessments against all

sed for all units.

5.7. SPECIAL ASSESSMENTS. In addition 6 fe2 anwutility assessments, and subject to the owners’ contro! for assessment increases, the’ ay prie or more special assessments against all units for the purrose of defraying, in whole or frpaxt,\comion expenses not anticipated by the annual Osedquire the approval of the owners, except that special budget or reserve funds. Special assessmenis'd assessments for the following Pose gapproved by at least a majority of the votes in the Association: (1) acquisition of rea Construction of additional improvements to the Property -efits, and (3) any expenditure that may reasonably be jation's responsibility and financial obligation for operations, ESSNENTS. In addition to regular and special assessments, the board may gaia unit and its owner. Individual assessments may include, but are not edfees and resale certificate fees; fees for estoppel letters and project documents; pmetered utilities serving the unit; reimbursement for damage or waste caused by ; common expenses that benefit fewer than all of the units, which may be assessed Lreceived; fees or charges levied against the Association on a per-unit basis; and "Dass 3es for services to units provided through the Association and which are equitably paid by ding to benefit received.

5.9, DEFICIENCY ASSESSMENTS. The board may levy a Deficiency Assessment against all units for the purpose of defraying, in whole or in part, the cost of repair or restoration if insurance proceeds or condemnation awards prove insufficient.

5.10. ODUE DATE. Regular assessments are due on the first calendar day of each month, and are delinquent if not received by the Association on or before the first day of the month. Special and individual

0. ODUE DATE. Regular assessments are due on the first calendar day of each month, and are delinquent if not received by the Association on or before the first day of the month. Special and individual assessments are due on the date stated in the notice of assessment or, if no date is stated, within 10 days after notice of the special or individual assessment is given.

area 55 rosin 55 slp innslehanr oc eacoanncrietebivrivetole GN Sasa Ne bela oe a ae tps Saale 5.11. RESERVE FUNDS. The Association will establish, maintain, and accumulate reserves for operations and for replacement and repair. The Association will budget for reserves and may fund reserves out of regular assessments.

DECLARATION OF _ Page 10 BELLA GARDENS CONDOMINIUM 3 An nT hae Se ied Vaan ve Cd STAR RA AM Aen NN ta BEAN THN eH A EB NEES Cen Atm ena ane eat mina cet 5.11.1. Operations Reserves. The Association may maintain operations reserves ata level determined by the Board to be sufficient to cover the cost of operational or maintenance emérak or contingencies, including deductibles on insurance policies maintained by the Assocjath 5.11.2. Replacement & Repair Reserves. The Association will maintai repair reserves at a level that anticipates the scheduled replacement or major gébé of the common elements.

5.12. ASSOCIATION'S RIGHT TO BORROW MONEY. The Association if money, subject to the consent of owners representing at least a majo the ability of the Association to repay the borrowed funds from ass¢s' the Association is granted the right to encumber, mortgage, ple personal property, and the right to assign its right to future income, &

lity of the Association to repay the borrowed funds from ass¢s' the Association is granted the right to encumber, mortgage, ple personal property, and the right to assign its right to future income, & incurred, provided that the rights of the lender in the pledged propety are suordinate and inferior to the rights of the owners hereunder.

Q Q assist'ts ability to borrow, ed jin trust any of its real or 5.13. TRANSFER-RELATED FEES. A number of transfer of title to a unit, including but not limited to fe of the Documents, compliance inspections, o i fees are customary in amount, kind, and numbe!

| refundable and may not be regarded as a afiges, and priority processing, provided the a marketplace. Transfer-related fees are not deed of trust lien, tax lien, or the Association's sSociation; (3) voluntary transfer by an owner to one or Shild, or parent. Transfer-related fees may be charged by the Dg agent, provided there is no duplication of fees. TransferSing agent must have the prior written approval of the Association, sment lien, and are not payable by the Association. This Section corresponding documentation: assessment lien; (2) transfer to, F INTEREST. The Association, and its officers, directors, managers, and attorneys, integd-te orent Strictly to the applicable usury laws of the State of Texas. Notwithstanding ¢ in the Documents or any other document or agreement executed or made in as interest, a sur greater than the maximum amount permitted by applicable law. If stances whatsoever, the Association ever receives, collects, or applies as interest a sum in aximum rate permitted by law, the excess amount will be applied to the reduction of unpaid speciaha egular assessments, or reimbursed to the owner if those assessments are paid in full.

ARTICLE 6 ASSESSMENT LIEN 4

ermitted by law, the excess amount will be applied to the reduction of unpaid speciaha egular assessments, or reimbursed to the owner if those assessments are paid in full.

ARTICLE 6 ASSESSMENT LIEN 4 4 i j 3 4 q 4 j a 4 4 : ‘ ; 6.1. | ASSESSMENT LIEN. Each owner, by accepting an interest in or title to a unit, whether or not it is so expressed in the instrument of conveyance, covenants and agrees to pay assessments to the Association. Each assessrnent is a charge on the unit and is secured by a continuing lien on the unit. Each owner, and each prospective owner, is placed on notice that his title may be subject to the continuing lien for assessments attributable to a period prior to the date he purchased his unit.

6.2. SUPERIORITY OF ASSESSMENT LIEN. The assessment lien is superior to all other liens and encumbrances on a unit, except only for (1) real property taxes and assessments levied by governmental and taxing authorities, (2) a deed of trust or vendor's lien recorded before this Declaration, (3) a recorded deed of trust lien securing a loan for construction of the original unit, and (4) a first or senior purchase Csi ORs i Maia oo Wein rt des: Taavetce DECLARATION OF Page 11 BELLA GARDENS CONDOMINIUM we2tik doogl RAR Lam ngerrennsarsi en nmegennapenpenp ine money vendor's lien or deed of trust lien recorded before the date on which the delinquent asse became due. The assessment lien is superior to a lien for construction of improvements to theyunit, regardless of when recorded or perfected. It is also superior to any recorded assignment of th insurance proceeds on the unit, unless the assignment is part of a superior deed of.

vements to theyunit, regardless of when recorded or perfected. It is also superior to any recorded assignment of th insurance proceeds on the unit, unless the assignment is part of a superior deed of.

Assessment lien is subordinate and inferior to a recorded deed of trust lien that securé 6.3. EFFECT OF MORTGAGEE'S FORECLOSURE. Foreclosure of a supériar loextiaguishes the Association's claim against the unit for unpaid assessments that became due b ¢ superior lien is liable for assessments coming due from and after 1 and for the owner's pro rata share of the pre-foreclosure deficiency as a common expens 6.4. NOTICE AND RELEASE OF NOTICE. The recordation of this Declaration, which constitutes recor recordation of a lien or notice of lien is required. However, of the lien to be recorded in the county's Real Property f recorded, the Association will record a releasevof tif Association may require reimbursement of its tom the release.

aciation or assessments is created by ice and perfection of the lien. No other iation, at its option, may cause a notice debt is cured after a notice has been sépting an interest in or title to a unit, each owner grants to the Yicial sale in connection with the Association's assessment lien. The Ge g time, any person, including an officer, agent, trustee, substitute trustee, BAssogiation’s lien rights on behalf of the Association, including the power of sale.

writing and may be in the form of a resolution recorded in the minutes of a board may appoint, fr¢ or attorney, to exerci ORECLOSURE OF LIEN. The assessment lien may be enforced by judicial or nonjudicial onjidicial foreciosure must be conducted in accordance with the provisions applicable to powers of sale as set forth in Section 51.002 of the Texas Property Code, or in any manner

icial or nonjudicial onjidicial foreciosure must be conducted in accordance with the provisions applicable to powers of sale as set forth in Section 51.002 of the Texas Property Code, or in any manner . In any foreclosure, the owner is required to pay the Association's costs and expenses for the procéédings, including reasonable attorneys' fees. The Association has the power to bid on the unit at foreclosure sale and to acquire, hold, lease, mortgage, and convey same.

ARTICLE 7 EFFECT OF NONPAYMENT OF ASSESSMENTS An assessment is delinquent if the Association does not receive payment in full by the assessment's due date. The Association, acting through the board, is responsible for taking action to collect delinquent assessments. From time to time, the Association may delegate some or all of the collection procedures and remedies, as the board in its sole discretion deems appropriate, to the Association's manager, an attorney, or a debt collector. Neither the board nor the Association, however, is liable to an owner or other person for its failure or inability to collect or attempt to collect an assessment. The following remedies are in addition to and not in substitution for all other rights and remedies which the Association has.

DECLARATION OF Page 12 BELLA GARDENS CONDOMINIUM 7.1. INTEREST. Delinquent assessments are subject to interest from the due date until pai a rate to be determined by the board from time to time, not to exceed the lesser of 18 percent pel or the maximum permitted by law. If the board fails to establish a rate, the rate is 10 perce 7.2. LATE FEES. Delinquent assessments are subject to reasonable late feg determined by the board from time to time.

imum permitted by law. If the board fails to establish a rate, the rate is 10 perce 7.2. LATE FEES. Delinquent assessments are subject to reasonable late feg determined by the board from time to time.

7.3. COLLECTION EXPENSES, The owner of a unit against which asse liable to the Association for reimbursement of reasonable costs incurred by t delinquent assessments, including attorneys fees and processing fees 7.4, ACCELERATION. If an owner defautts in paying an ag the Association may accelerate the remaining installments on 10 day§’ whiten potite to the defaulting owner.

The entire unpaid balance of the assessment becomes dugygn the d ein the notice.

TD: SUSPENSION OF USE AND VOTE. If an owneRs common elements and common services during She pefidd g or sub-metered utilities serving the unit. The Associatidg wt access to the unit. The Association may also aes Sti a period of delinquency. Suspension does no} 7.6. COLLECTION OF which assessments are delinquent is occupied by a tenant who is obligated to pay rent sOythe ox Association may require that unit rents be used to pay the unit's delinquent assessmen that the unit tenant deliver unit rent to the Association until the unit's delinquency is curs 6t suspend an owner or resident's right of At to vote appurtenant to the unit during the Waiver or discharge of the owner's obligation to 7.7. MONEY J owner delinquent in tif assessments.

Whe Association may file suit seeking a money judgment against an of assessments, without foreclosing or waiving the Association lien for [(>MORTGAGEE. The Association may notify and communicate with any holder of tding the owner's default in payment of assessments.

PPLICATION OF PAYMENTS. The Association may adopt and amend policies regarding the

E. The Association may notify and communicate with any holder of tding the owner's default in payment of assessments.

PPLICATION OF PAYMENTS. The Association may adopt and amend policies regarding the ayments. After the Association notifies the owner of a delinquency, any payment received by the’ ation may be appued in the following order: individual assessments, special assessments, and (lastly) regular assessments. The Association may refuse to accept partial payment, f.e., less than the full amount due and payable. The Association may also refuse to accept payments to which the payer attaches conditions or directions contrary to the Association's policy for applying payments. The Association's policy may provide that endorsement and deposit of a payment does not constitute acceptance by the Association, and that acceptance occurs when the Association posts the payment to the unit's account.

ARTICLE 8 MAINTENANCE AND REPAIR OBLIGATIONS 8.1. ASSOCIATION MAINTAINS. The Association's maintenance obligations will be discharged when and how the board deems appropriate. The Association maintains, repairs, and replaces, as acommon expense, the portions of the Property listed below, regardless of whether the portions are units or common elements. The Association also maintains, as a common expense, any component of a unit delegated to the Association by this Declaration.

BELLA GARDENS CONDOMINIUM RAAB Eien tment min emer BRY BQ SUMS ERT SANE iL BE AMIE MAGEE a RON AEH ALL A a EEE RYE oft SERIES Ch ea LA HOP et et tt aneeptnnemet era Sat be heterhc ted Binicl hh a. All general common elements, including but not limited to the swimming pool area,

AMIE MAGEE a RON AEH ALL A a EEE RYE oft SERIES Ch ea LA HOP et et tt aneeptnnemet era Sat be heterhc ted Binicl hh a. All general common elements, including but not limited to the swimming pool area, driveways, sidewalks, carports, gates, mailboxes, courtyards, front yard landgcapi unassigned parking spaces.

b. All limited common elements, including assigned parking spaces, stairwa Gs Any exterior light fixtures served by the Association's electrical meter.

8.2. OWNER RESPONSIBILITY. Every owner has the following respo ac And lyations for the maintenance, repair, and replacement of the Property: a. To maintain, repair, and replace his unit.

| b. To maintain, repair, and replace, as neede eS, wires, conduits, services, fixtures, and equipment serving his unit ex ly from th point of branching from a shared or common line.

e. To keep the limited orderly, and attractj ! 8 regardless of the source of damage and the availability of insurance. This provision is provided : for the benefit of the Associaticn and is warranted by the difficulty of scheduling interior sheetrock work and the possibility that the owner may not be satisfied with the quality or appearance of spot repairs. If the Association receives insurance proceeds for sheetrock damage to a unit and chooses to not perform the repairs, the owner of the damaged unit is entitled to the proceeds in exchange for identification of the damage and a release from future claims for the same damage.

8.4. CONCRETE. Minor cracks in poured concrete, including sidewalks and patio slabs, are inevitable as a result of the natural movement of soil (expansion and contraction), shrinkage during the curing of the concrete, and settling of the building. Such minor cracking in common elements may not

table as a result of the natural movement of soil (expansion and contraction), shrinkage during the curing of the concrete, and settling of the building. Such minor cracking in common elements may not warrant repair by the Association. Any concrete on elevated walkways, stairpans, balconies, and as subflooring of second floor units is typically a nonreinforced "lightweight" concrete topping which may develop extensive cracks and disintegration as a result of normal wear and tear and the movement of the structures on which the lightweight concrete is applied. The Association is not responsible for any aspect of the lightweight concrete in any unit, regardless of the source of damage.

DECLARATION GF Page 14 BELLA GARDENS CONDOMINIUM Saae 4 SASS o MER Nuit Leak Datei nael alaliat Lots BSE HEC ARINENAS Pae SaRESE No ANN i OA TME F E HERORITE BND LIA NOTUESS Oe SARIN, ON a SELINA EEO lh MEO TE DLE EMITS SORE depen cenit nnn 8.5. | WARRANTY CLAIMS. If the owner is the beneficiary of a warranty against major stpyctural defects of the common ole the owner irrevocably appar: the Association, acting through t e Doard, casas usted AN te eeltnahd cchaeiian Sica sn bald alana ise Anified community, the Association has the right to regulate the exterior design, use, and appeara ofthe units and common eiements in order to preserve and enhance the Property's valueénd ardhitéctiiral harmony. One purpose of this Article is to i if, av harmony by which the Property is developed and maintained. Another elt is t ements and modifications that may be widely considered 4 4 3 % OMMITTEE. The ACC consists of 3 persons appointed by . After the Development Period, the ACC consists of 3 persons

ined. Another elt is t ements and modifications that may be widely considered 4 4 3 % OMMITTEE. The ACC consists of 3 persons appointed by . After the Development Period, the ACC consists of 3 persons bylaws, or, at the board's option, the board may act as the ACC.

yences in the Documents to the ACC are construed to mean the board.

ants > i 8 9.1. | PURPOSE. Because the units ate N Whos ABILITY. The ACC has sole discretion with respect to taste, design, and all LHS Article. The members of the ACC have no liability for the ACC's decisions made sa! Sovd HN RH cchotnnbdd Mesa ead aod saris BEFORE MAKING ANY IMPROVEMENT OR ALTERATION TO ANY PART OF THE PROPERTY, A BUILDER OR OWNER MUST APPLY FOR THE ACC'S PRIOR WRITTEN APPROVAL.

9.4. PROHIBITION OF CONSTRUCTION, ALTERATION & IMPROVEMENT. Without the ACC's prior written approval, a person may not cornmence or continue any construction, alteration, addition, improvement, installation, modification, redecoration, or reconstruction of or to the Property, or do anything that affects the appearance, use, or structural integrity of the Property. The ACC has the right but not the duty to evaluate every aspect of construction and property use that may adversely affect the general value or appearance of the Property.

9.5. ACC APPROVAL. To request ACC approval, an Gwner must make written application and submit 2 identical sets of plans and specifications showing the nature, kind, shape, color, size, materials, and DECLARATION OF Page 15 | BELLA GARDENS CONDOMINIUM Oe IRINA Ae! GPM eB 0 RE CIR AVERY eo OSS locations of the work to be performed. The application must clearly identify any requirementyof this

Oe IRINA Ae! GPM eB 0 RE CIR AVERY eo OSS locations of the work to be performed. The application must clearly identify any requirementyof this Declaration for which a variance is sought. The ACC will return one set of plans and specificatidg bo the applicant marked with the ACC's response, such as "Approved," “Denied," or "Submit Information.” The ACC will retain the other set of plans and specifications, together wit 2 &n, for the Association's files. Verbal approval by an Association director or officer, a me of the ACK, or the Association's manager does not constitute ACC approval, which must be in writing ofa modification or improvement may not be deemed to constitute a waiver of the ghtto’ withhold approval of similar proposals, plans, or specifications that are subsequently sup 9.5.1. | Deemed Approval. If the ACC fails to respond i atively, affirmatively, or requesting information -- within 60 days after the ACC's A ip he-Owner's application, to respond within 45 days after the board's actual receipt of th application is deemed approved. The owner may the request. © 9.5.2. Building Permit. If the afpplidatio for work that requires a building permit from the city, the owner must obtain the“appraprtaté” permit. The ACC's approval of plans and specifications does not mean p the city's requirements. Alternatively, approval by the city does not ensureé ations. Nor is approval required for an owner to remodel or ed the work does not impair the structural soundness of the D ACTS. The types of acts that may not be commenced without the ACC's prior dde, but are not limited to the following: stallation of a receiving or transmitting tower, ornamental iron or burglar bars, storm

. The types of acts that may not be commenced without the ACC's prior dde, but are not limited to the following: stallation of a receiving or transmitting tower, ornamental iron or burglar bars, storm window or door, exterior lighting, storage shed, basketball goal, treehouise, free standing mailbox, trash can enclosure, patio cover, chimney, or skylight.

b. Installation of equipment that may create a noise annoyance, such as noise-producing security devices and exterior pumps.

Ci Installation of walls, screens, fences, gates, or carports.

d. Enclosure of patios, balconies, yards, or carports.

e Installation of impermeable decking or other improvement that may interfere with established drainage patterns.

BELLA GARDENS CONDOMINIUM oy .

EES ALE ERI 8 STE A AE rare cece nnn 2 enna ee Ae EE IAA nna na ne ne nm eS mS 3s ARTICLE 10 USE RESTRICTIONS 10.1. VARIANCE. The use of the Property is subject to the restrictions contained int subject to Rules adopted pursuant to this Article. The board or the ACC, as the case mA variance or waiver of a restriction or Rule on a case-by-case basis when unique circuy 10.2. ASSOCIATION'S RIGHT TO PROMULGATE RULES. Thi thereof, regarding the occupancy, use, disposition, maintenang Property.

IS EXPECTED TO AND WITH RULES AD 10.3. RULES AND REGULATIONS is owned and occupied subject toe ri thereof, governing: a. Use of com b. Hazardous, i c. 2 ideServices provided through the Association.

d. Kilities billed to the Association.

e. tanarce, and appearance of anything visible from the street, common aHiQes.

isposition of trash and control of vermin, termites, and pests.

nything that interferes with maintenance of the Property, operation of the Association,

anything visible from the street, common aHiQes.

isposition of trash and control of vermin, termites, and pests.

nything that interferes with maintenance of the Property, operation of the Association, administration of the Documents, or the quality of life for residents.

10.4. AGES OF RESIDENTS. No person under the age of 18 years may occupy a unit unless he lives with a resident who is his spouse, parent, legal guardian, or a designee of his parent or legal guardian. Upon request by the Association, an owner must provide satisfactory proof of the ages and relationships of the occupants of his unit.

10.5. ANIMALS. No animal, bird, fish, reptile, or insect of any kind may be kept, maintained, raised, or bred anywhere on thie Property for food or for any commercial purpose. Customary domesticated household pets may be kept subject to the Rules. The board may adopt, amend, and repeal Rules regulating the types, sizes, numbers, locations, and behavior of animals at the Property. If the Rules fail to establish animal occupancy quotas, no more than 2 dogs, or 2 cats, or one dog and one cat, may be maintained in each unit. Permission to maintain other types or additional numbers of household pets must be obtained in writing frorn the board. The board may require or effect the removal! of any animal determined to be in violation the Rules.

DECLARATION OF Page 17 BELLA GARDENS CONDOMINIUM “aD | AAR: SRSA Spiced sche sneha aol caaaidei te ho Me saada 4 3 4 3 i 3 x 1 TEI TY FE peste pr mmerengne oo . eg water AR RAR it ARR te Rind nities POP ILM NECA Eg YEP i } Puan A be, CROCE AO Sem ene sem ne ow ee SER de SE GN a aE A Eine eee nee Aen een a tn ee

3 4 3 i 3 x 1 TEI TY FE peste pr mmerengne oo . eg water AR RAR it ARR te Rind nities POP ILM NECA Eg YEP i } Puan A be, CROCE AO Sem ene sem ne ow ee SER de SE GN a aE A Eine eee nee Aen een a tn ee 10.6. ANNOYANCE. No unit or limited common element may be used in any way that: reasonably be considered annoying to neighbors; (2) may be calculated to reduce the desirability of the Property as a residential neighborhood; (3) may endanger the health or safety of residents; (#T ma in the cancellation of insurance on any portion of the Property, or (5) will violate any law, as the sole authority to determine what constitutes an annoyance.

NOT SOUNDPROOFED The units are not soundproofed. Some noise transmissi between adjoining units is possible. Please be-mtt your neighbors' needs for quiet time at hoy 10.7. APPEARANCE. Both the exterior and interior of the u aintained in a manner so as not to be unsightly when viewed from the street, comm be the arbitrator of acceptable appearance standards.

10.8.

DRAINAGE. No person may interfere wi end floor units. Residents of ground floor units should erhead unit. Residents of second floor units are encouraged pr the unit below.

pio person may perform landscaping, planting, or gardening anywhere upon Enced or ericlosed limited common elements, without the board's prior written ’& ODOR. A resident must exercise reasonable care to avoid making or permitting to gisturbing, or objectionable noises or noxious odors that are likely to disturb or annoy ghboring units. The Rules may prohibit the use of noise-producing security devices and windchime 10.13. OCCUPANCY. The board may adopt Rules regarding the occupancy of units. If the Rules fail to establish occupancy standards, no more than 2 persons per bedroom may occupy a unit, subject to the

e 10.13. OCCUPANCY. The board may adopt Rules regarding the occupancy of units. If the Rules fail to establish occupancy standards, no more than 2 persons per bedroom may occupy a unit, subject to the exception for familial status. The Association's occupancy standard for residents who qualify for famitial status protection under the fair housing laws may not be more restrictive than the minimum (i.e., the fewest people per unit) permitted by the U. S. Department of Housing and Urban Development. A person may not occupy a unit if the person constitutes a direct threat to the health or safety of other persons, or if the person's occupancy would result in substantial physical damage to the property of others.

10.14. RESIDENTIAL USE. The use of a unit is limited exclusively to residential purposes or any other use permitted by this Declaration. This residential restriction does not, however, prohibit a resident from using the unit for personal business or professional pursuits provided that: (1) the uses are incidental to the use of the unit as a welling, (2) the uses conform to applicable governmental ordinances, (3) there is no DECLARATION OF _ ane “Page 18 BELLA GARDENS CONDOMINIUM weet Goose aback entree Nea! Sant ind as hs br Leia ah aN ATURE aNd we kin Tate Said Ropwdgien ane a wai athe RAT RRS Sea Se onc tbat pce dca SR NON EO ARENA a cts Sea eS Cal Ri 6 i eee abc ie ba FE eR RRR REE = trap ttecnnnen tony —peraty een nanenr ce et SI ee eae a EOE Na ee en in nee ng cnet ne Hee Renn tee nits as thene me bead windows in the units without written authorization of the board. The board's authorizag location, nature, dimensions, number, and time period of any advertising sign.

board.

tee nits as thene me bead windows in the units without written authorization of the board. The board's authorizag location, nature, dimensions, number, and time period of any advertising sign.

board.

10.17. STRUCTURAL INTEGRITY. No person may dire soundness or integrity of a building or another unit, ner di property right.

that may unreasonably interfere with the teleyi satellite reception on the Property. Without th psent of the ACC, no person may install an antenna, microwave or satellite dish, receiving or t gwer on the common elements or the exterior er the service is operational. "Antenna/Dish Owner" means the eflite dish or antenna, regardless of whether the unit owner purchases, Uge of the satellite dish or antenna.

. Without the prior written approval of the Association, an Antenna Dish on the roof or on any exterior surface of the building; provided, however, an Ainit provided the Antenna/Dish is not visible from a street, sidewalk, driveway, or and is not attached to the top or exterior surface of a fence or balcony wall or railing.

10.18.3. Qwner Responsibility. The installation of an Antenna/Dish on common elements automatically subjects the Antenna/Dish Unit and its owner to this Section, regardless of who installs the Antenna/Dish and regardless of whether the Antenna/Dish Owner has actual notice of the installation. The Antenna/Dish Owner is solely responsible for (1) the cost of maintaining, repairing, replacing, and removing, as necessary, the Antenna/Dish, and (2) the cost of repairing common elements if such repairs are necessitated by the Antenna/Dish or its installation, maintenance, repair, or replacement, irrespective of whether the repairs are undertaken by the Antenna/Dish Owner or the

ments if such repairs are necessitated by the Antenna/Dish or its installation, maintenance, repair, or replacement, irrespective of whether the repairs are undertaken by the Antenna/Dish Owner or the Asscciation. If required by the Association, the Antenna/Dish Owner will remove the Antenna/Dish, as necessary, to permit the Association to maintain, repair, or replace common elements as the Association, in its sole discretion, deems necessary or desirable.

10.18.4. Association Controls. To the extent permitted by pub‘ic law, the Association may adopt and amend reasonable standards for the color, appearance, location, method of installation, maintenance, camouflaging, screening, and use of Antenna/Dishes. The location and installation of an Antenna/Dish on the common elements must have the prior written approval of the Association, DECLARATION OF Page 19 BELLA GARDENS CONDOMINIUM wn NAAT a sac elem tibetan Dao ccina Foe wheal se a iid oneal SALaa tats What edna bits dake 8 SDA Heme EEA NDS sald eof da thin tens tener leno nn Sd i da en train Gack Wy baad Aaland Wied acd oie cathy ae Wiper a iarriialines Oe USS: ) | | tii iia aaa aa eae create ae unless the location and installation comply with the most current standards that have been a and published by the Association.

10.18.5. Interference. An Antenna/Dish or the use of an Antenna/Dish may satellite or broadcast reception to other units or the common elements, or othe to residents of other units or to the Association. The board of directors constitutes a nuisance to the Association.

10.18.6. Risk. An Antenna/Dish on the common elemen and/or occupant of the Antenna/Dish Unit. The Association dog

to the Association. The board of directors constitutes a nuisance to the Association.

10.18.6. Risk. An Antenna/Dish on the common elemen and/or occupant of the Antenna/Dish Unit. The Association dog from any cause. The Antenna/Dish Owner will defend and ikda nify t Officers, and members, individually and collectively, againstNosse damages or lawsuits, by anyone, arising from his AGS ana/Dish’ ection and any rules regulating the types, sizes, hicles on the Property. The board may prohibit ¢ ightly, or inappropriate. The board may prohibit Of/vehicles on the Property. Vehicles that transport the Property at all times. No vehicle may obstruct the may effect the removal of a Miche iolation of this Section or the Rules without liability to the owner or operator of the vehicte.

YS. All window treatments within the unit, that are visible from the aintained in good condition and must not detract from the appearance of etjuire an owner to change or remove a window treatment that the ACC ARTICLE 11 UNIT LEASING It“ LEASE CONDITIONS. The leasing of units is subject to the following conditions: (1) no unit may be rented for transient or hotel purposes or for a period less than 30 days; (2) no unit may be subdivided for rent purposes, and not less than an entire unit may be leased; (3) all leases must be in writing and must be made subject to the Documents; (4) an owner is responsible for providing his tenant with copies of the Documents and notifying him of changes thereto; and (5) each tenant is subject to and must comply with all provisions of the Documents and applicable federal, state, and local laws.

11.2. OWNER OCCUPANCY. For purposes of this Article, a unit is considered "owner occupied” if

ect to and must comply with all provisions of the Documents and applicable federal, state, and local laws.

11.2. OWNER OCCUPANCY. For purposes of this Article, a unit is considered "owner occupied” if at least 1 resident of an occupied unit is an owner of the unit or is related by blood, marriage, or adoption to an owner of the unit, or if the unit is vacant -- except that a unit being offered for lease may not be considered “owner occupied" even though the unit is then-vacant or then-occupied by an owner. In calculating occupancy, units are counted uniformly regardless of size.

11.3. EVICTION OF TENANTS. Every lease agreement on a unit, whether written or oral, express or implied, is subject to and is deemed to include the following provisions: DECLARATION OF Page 20 BELLA GARDENS CONDOMINIUM a4 AVE?

iSite aE ONY ite ee Re LAR aa soba vickates dit Seneca se nai aA aaa eA ASASED TA An IES nd Ch Re Tain A ani YER at ob oscars i srciaaLai ota nbastamnmee seen eras Ss tea esi nach ast atta cata | EEN S TERT R ae TO T e ev trenarves wmtorr nrg ATR er rae ergata enemas et penne rey 11.3.1. Violation Constitutes Default. Failure by the tenant or his invitees to comp\with the Documents or applicable federal, state, or local law is deemed to be a default under thales When the Association notifies an owner of his tenant's violation, the owner will promptly Ob tenant's compliance or exercise his rights as a landlorci for tenant's breach of lease.

violation continues or is repeated, and if the owner is unable, unwilling, or unavailf tenant's compliance, then the Association has the power and right to pursue landlord under the lease or applicable State law for the default, including

d if the owner is unable, unwilling, or unavailf tenant's compliance, then the Association has the power and right to pursue landlord under the lease or applicable State law for the default, including subject to the terms of this Section.

11.3.2. Association as Attorney-in-Fact. Notwithsta e provision in the lease agreement for enforcement of the Docume seciation, each owner i his place in all respects, solely for the purpose of enforcing the Documents against his t& cluding but not limited to the authority to institute forcible detainer proceedings inst his ken afi his behalf, provided the Association gives the owner at least 10 days’ notice, ified mail, of its intent to so enforce the Documents.

11.3.3. Association Not Liable Association for any expenses incurred b!4 Documents against his tenant. The Associate, lost rents, suffered by the owner in Association's enforcement of the Documents against the owner's tenant. o, 4. A Mortgagee acquiring possession of or title to a unit ’ Det exempt from the effect of this Article. This exemption does not pass to the Mortgagee's g da hpver During the Development Period, Declarant is exempt from the effect of this Article ARTICLE 12 ASSOCIATION OPERATIONS the Documents expressly reserve a right, action, or decision to the owners, Declarag a tty, the board acts in all instances on behalf of the Association. Unless the context Documer egether with the general and implied powers of a condominium association and a nonprofit corporation organized under the laws of the State of Texas. Generally, the Association may do any and all thirigs that are lawful and necessary, proper, or desirable in operating for the peace, health, comfort, and

ganized under the laws of the State of Texas. Generally, the Association may do any and all thirigs that are lawful and necessary, proper, or desirable in operating for the peace, health, comfort, and general benefit of its members, subject only to the limitations on the exercise of such powers as stated in the Documents. The Association comes into existence on issuance of its corporate charter. The Association will continue to exist at least as long as the Declaration is effective against the Property, regardless of whether its corporate charter lapses from time to time.

EVERY OWNER OF A BELLA GARDENS UNIT AUTOMATICALLY JOINS A MANDATORY MEMBERSHIP ASSOCIATION.

12.3. GOVERNANCE. The Association will be governed by a board of directors elected by the members. Unless the Association's bylaws or articles of incorporation provide otherwise, the board will consist of at least 3 persons elected at the annual meeting of the Association, or at a special meeting called DECLARATION OF ~ Page 21 BELLA GARDENS CONDOMINIUM wuz2}u DOIG ied oie eniN SAK A ASD i a WA Aen SOIL Sienna eS ers for that purpose. The Association will be administered in accordance with the bylaws. Unl Documents provide otherwise, any action requiring approval of the members may be approved in by owners of at least a majority of all units, or at a meeting by owners of at least a majority of t are represented at the meeting.

12.4. | MEMBERSHIP. Each owner is a member of the Association, ownership of a qualification for membership. Membership is appurtenant to and may not be separa ership of the unit. The board may require satisfactory evidence of transfer of ownership péfore expurpéited owner

of a qualification for membership. Membership is appurtenant to and may not be separa ership of the unit. The board may require satisfactory evidence of transfer of ownership péfore expurpéited owner is entitled to vote at meetings of the Association. If a unit is owned by more tha of ) ity, each co-owner is a member of the Association and may exercise the membe dppitenant to the unit, A member who sells his unit under a contract for deed may delegate purchaser, provided a written assignment is delivered to the board. e contract seller remains 12.5. BOOKS & RECORDS. The Association wi antain copies of the Documents and the every officer, director, and committee énses, including attorney's fees, reasonably member (for purposes of this Section, "Leaders" D 3 any threatened or pending acticn, suit, or incurred by or imposed on the Leader in proceeding to which the Leader is a pa én does not exclude any other rights to which present AJON expense, the Association may maintain general liability Ace tofund this obligation.

or former Leaders may be enti and directors and officers lial VERS’ Without limiting the obligations of owners under the Documents, each owner has the foilg®j igatipris: fon. Within 30 days after acquiring an interest in a unit, within 30 days after the oWpe : of a change in any information required by this Subsection, and on request ) 50 from time to time, an owner will provide the Association with the following a Copy of the recorded deed by which owner has title to the unit; (2) the owner's \eflumber, and driver's license number, if any; (3) any mortgagee's name, address, and bgr; (4) the name and phone number of any resident other than the owner; (5) the name, afid phone number of owner's managing agent, if any.

cense number, if any; (3) any mortgagee's name, address, and bgr; (4) the name and phone number of any resident other than the owner; (5) the name, afid phone number of owner's managing agent, if any.

12.7.2. Pay Assessments. Each owner will pay assessments properly levied by the Association against the owner or his unit, and will pay regular assessments without demand by the Association.

12.7.3. Comply. Each owner will comply with the Documents as amended from time to time.

12.7.4. Reimburse. Each owner will pay for damage to the Property caused by the negligence or willful misconduct of the owner, a resident of the owner's unit, or the owner or resident's family, guests, employees, contractors, agents, or invitees.

12.7.5, Liability. Each owner is liable to the Association for violations of the Documents by the owner, a resident of the owner's unit, or the owner or resident's family, guests, employees, DECLARATION OF BELLA GARDENS CONDOMINIUM ue? 14 00102 Page 22.

Amant cate inl ea ea A hag ne Sa Btn agents, or invitees, and for costs incurred by the Association to obtain compliance, including att ey's fees whether or not suit is filed.

ARTICLE 13 ENFORCING THE DOCUMENTS 13.1. REMEDIES. The remedies provided in this Article for breach of the Doc and not exclusive. In addition to other rights and remedies provided by the Dg Association has the foltowing right to enforce the Documents: 13.1.1. Nuisance. The result of every act or omisg Documents is a nuisance, and any remedy allowed by law aga is applicable against the violation.

provision of the public or private, 13.1.2. Fine. The Association may levy réa act of violation or for each day a violation of the owner's obligations under the D

is applicable against the violation.

provision of the public or private, 13.1.2. Fine. The Association may levy réa act of violation or for each day a violation of the owner's obligations under the D 13.1.3. Suspension. The Asse common elements (except rights of } eQetuments. In exercising this right, the board is not trespassing and Igted to the abatement. The board may levy its costs of abatement against jdividual assessment. Unless an emergency situation exists in the good d, the board will give the violating owner 15 days' notice of its intent to RD DISCRETION. The board may use its sole discretion in determining whether to pursue a viola g Documents, provided the board does not act in an arbitrary or capricious manner. In evaluating a pafticular violation, the board may determine that under the particular circumstances (1) the Association's position is not sufficiently strong to justify taking any or further action; (2) the provision being enforced is or may be construed as inconsistent with applicable law; (3) although a technical violation may exist, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association's resources; or (4) that enforcement is not in the Association's best interests, based on hardship, expense, or other reasonable criteria.

| 13.3. NO WAIVER. The Association and every owner has the right to enforce all restrictions, : conditions, covenants, liens, and charges now or hereafter imposed by the Documents. Failure by the Association or by any owner to enforce a provision of the Documents is not a waiver of the right to do so thereafter.

13.4. RECOVERY OF COSTS. The costs of curing or abating a violation are the expense of the

ion or by any owner to enforce a provision of the Documents is not a waiver of the right to do so thereafter.

13.4. RECOVERY OF COSTS. The costs of curing or abating a violation are the expense of the owner or other person responsible for the violation. {f legal assistance is obtained to enforce any provision of the Documents, or in any legal proceeding (whether or not suit is brought) for damages or for the DECLARATION OF ~ Page 23 BELLA GARDENS CONDOMINIUM 482 7 . ry remove erro iC wn ctomarm eer | sia ieaentnd sees gatas eiacats aeenain cate aa ceneeeiet ae dammemaeaens ateaenmen don wenmraminmenremmammeniemsamenetiaemmmaees ia ane EE Sa aia sa aa OER ORE Sie cons wees : fo nn Lay RR a nee nate eer tn EEE EGC ATO a ak d arse ttn nena tne Arteta ad en ae AYE AA ipod Lan hin Saint a et an i anna din ae Tee Seat Aaciate SN O r | | | | | | | | | | ; ak a a cal ta aaa Ce ta i eae meena ia ene heme eae ate aaseertenees bem enforcement of the Documents or the restraint of violations of the Documents, the prevailing party is enti to recover from the nonprevailing party all reasonable and necessary costs incurred by it in such including reasonable attorneys’ fees.

tled jon, 13.5. NOTICE AND HEARING. Before levying a fine for violation of the Docup ievying an individual assessment for property damage, the Association will give the owgé the levy and an opportunity to be heard, to the extent required by Applicable Law, such of the Act. The Association's written notice must contain a description of the violg the amount of the proposed fine or damage charge; a statement that not later { and a reasonable opportunity to cure a similar violation within the gre¢edi onths. The Association

scription of the violg the amount of the proposed fine or damage charge; a statement that not later { and a reasonable opportunity to cure a similar violation within the gre¢edi onths. The Association Rsspciation may continue to exercise its other rights and remedies for the violation, as if hae declared vidlatio request for a hearing suspends only the levy of a fine or da @ Owner may attend the hearing in person, or may be represented by another person or wri ommunication. The board may adopt additional or alternative procedures and requirements fo earing, provided they are consistent with the Act's requirements.

weed. The Association must be the named insured on all policies obtained by the payee clause should show the Association as trustee for each owner and -4. Subrogation. Policies of property and general liability insurance maintained by the of must provide that the insurer waives its rights to subrogation under the policy against an 14.1.5. Association as Trustee. Each owner irrevocably appoints the Association, acting through the board, as his trustee to negotiate, receive, administer, and distribute the proceeds of any claim against an insurance policy maintained by the Association.

14.1.6. Notice of Cancellation or Modification. Each insurance policy maintained by the Association should contain a provision requiring the insurer to give prior written notice, as provided by the Act, to the board before the policy may be canceled, terminated, materially modified, or allowed to expire, by either the insurer or the insured. The board will give to Eligible Mortgagees, and the insurer will give to Mortgages, prior notices of cancellation, termination, expiration, or material modification.

either the insurer or the insured. The board will give to Eligible Mortgagees, and the insurer will give to Mortgages, prior notices of cancellation, termination, expiration, or material modification.

14.1.7. Deductibles. An insurance policy obtained by the Association may contain a reasonable deductible. The Association may require that the deductible be paid, in whole or in part, DECLARATION OF BELLA GARDENS CONDOMINIUM - , Page 24 Ehsan ayes fe nen oo eA IY SAAN A TRS AP AINE RCA i er rev ereemnsramreats sae esa Paras es atsassensereeremrems rig nen Ta moeensons seeancatspncsainincer acm enctestteontond ‘cpeeademammatntah atte “dhs cin Baht eaabtac cao dobtecalamae prema raREBARKaNirer eA Kner mee: a wholly or partly to an act or omission of an owner or resident or his invitees, the Associati require the owner to reimburse the Association for the amount of the deductible that is atétit 67s anthassigns.

Cy on of any owner 14.1.9. Prejudice. The insurance will not be prejudic: or resident who is not under the Association's control.

NOTICE!

Under some circumstances, a unit owner mf 14.2. if blanket all-risk insurance, if reasonably available, for all improvements insurable by the Asdeciati blanket all-risk insurance is not reasonably available, then at a minimum, the Associatig ain’gn insurance policy providing fire and extended any repair or reconstruction in e National Mortgage Association rd of a guaranteed replacement cost endorsement, or a replacement cost endorsemep vith‘gn agreed amount endorsement in case of coinsurance.

14.2.1. Comrmon obo Insured. The Association will insure (1) general common

eed replacement cost endorsement, or a replacement cost endorsemep vith‘gn agreed amount endorsement in case of coinsurance.

14.2.1. Comrmon obo Insured. The Association will insure (1) general common elements; (2) limited-com Nbq eigments; and (3) property owned by the Association including, if any, eqtipment, and supplies.

itSTystired by Association. In addition to insuring the common elements against Re Agsociation will maintain property insurance on the units according to the building es Wstalled by Declarant at time of conversion, or typical replacements thereof. The insure betterments and improvements installed by current or previous owners.

4.2.3. Endorsements. To the extent reasonably available, the Association will obtain endorsements to its property insurance policy as required by any Underwriting Lender. The Federal National Mortgage Association requires the following endorsements: Inflation Guard Endorsement, Building Ordinance or Law Endorsement, and a Special Condominium Endorsement.

14.3. LIABILITY INSURANCE. The Association will maintain a commercial general liability insurance policy over the common elements -- expressly excluding the liability of each owner and resident within his unit -- for bodily injury and property damage resulting from the operation, maintenance, or use of the common elements. The amount of coverage should be at least that required by an Underwriting Lender.

The Federal National Mortgage Association requires a minimum of $1 million for bodily injury and property damage per single occurrence. If the policy does not contain a severability of interest provision, it should contain an endorsement to preclude the insurer's denial of an owner's claim because of negligent acts of the association or other owners.

DECLARATION OF Page 25

bility of interest provision, it should contain an endorsement to preclude the insurer's denial of an owner's claim because of negligent acts of the association or other owners.

DECLARATION OF Page 25 BELLA GARDENS CONDOMINIUM Haat ' om bee + nit enema rte denne! enna nannies So caeermaeenne cea Madd aeinN Saal Sh He nate mt meena ORES reieetennesreersaree eee 14.4. WORKER'S COMPENSATION. The Association may maintain worker's compensation insurance if and to the extent necessary to meet the requirements of applicable State law or if the board so tho pses.

14.5, FIDELITY COVERAGE. The Association may maintain blanket fidelity coverage.foran who handles or is responsible for funds held or administered by the Association, whethe is paid for his services. The policy should be for an amount that exceeds the greater6 qstine maximum funds, including reserve funds, that will be in the Association's custody = policy is in force; or (2) an amount equal to 3 months of regular assessments on all units. AV management agent that handles Association funds should be covered for its own fidelity insurance polid, ne Loverages.

If the Project has more than 20 units, the Association must maiptéin thde ty ‘soverdge to the extent reasonably available.

14.6. DIRECTORS AND OFFICERS LIABILITY. The Associa! May maigtain directors and officers liability insurance, errors and omissions insurance, indempity bonds, advisable to insure the Association's directors, officers, cofn for an act or omission in carrying out their duties in those CXp 14.7. MORTGAGEE REQUIRED POLICIES. Urffe writing, the Association will maintain any in condominium developments as tong as an Unde eis not available or has been waived in

out their duties in those CXp 14.7. MORTGAGEE REQUIRED POLICIES. Urffe writing, the Association will maintain any in condominium developments as tong as an Unde eis not available or has been waived in equired by an Underwriting Lender for is a Mortgagee or an owner.

intain any insurance policies and bonds deemed efit of the Association.

Wers. Notwithstanding the foregoing, the board may establish ts/ including types and minimum amounts of coverage, to be individually obtainéd dined by owners if the insurance is deemed necessary or desirable by the board to redficé potentyal risks to the Association or other owners. If an owner fails to maintain required ins the.boaérd may obtain it on behalf of the owner who will be obligated for the cost as an indiyid assessment.

@wners' Responsibilities. On request, an owner will give the board written af apy and all structural changes, additions, betterments, or improvements to his unit, and | formation the board may require to maintain adequate levels of insurance coverage. Each | } comply with reasonable requests by the board for periodic inspection of the unit for gof insurance appraisal. Each owner, at his expense, will maintain any insurance coverages requtréd of owners by the Association pursuant to this Article. Each owner, at his expense, may obtain additional insurance coverage of his real property, improvements, and betterments thereto, 4 or personal property.

14.9.3. Association Does Not Insure. The Association does not insure an owner or resident's personal property. Each owner and resident is solely responsible for insuring his personal property in his unit and on the Property, including furnishings, vehicles, and stored items. The Association

personal property. Each owner and resident is solely responsible for insuring his personal property in his unit and on the Property, including furnishings, vehicles, and stored items. The Association strongly recommends that each owner and resident purchase and maintain insurance on his personal belongings.

ec a, | DECLARATION OF BELLA GARDENS CONDOMINIUM ni a Page 26 sei ea TRUER, Fr RI AY En orn cnn eT ee tree ee SEO Ree nme re a amy rere tame me seaneeammacama dnedieiainte td ih di-tnadsibh aie cart onata.cmena ARTICLE 15 RECONSTRUCTION OR REPAIR AFTER LOSS 15.1. SUBJECT TO ACT. The Association's response to damage or destruction of, be governed by Section 82.111(i) of the Act. The following provisions apply to the extg 15.2. RESTORATION FUNDS. For purposes of this Article, Restoration proceeds, condemnation awards, Deficiency Assessments, individual assessmen iS, on account of or arising out of injury or damage to the Property. u purposes of repair or restoration will be deposited in a financial institetion-in a federal agency. Withdrawal of Restoration Funds requires the signfaty Association directors or that of an agent duly authorized by the board.

15.2.1. Sufficient Proceeds. If Restorati unds obteined-from insurance proceeds or condemnation awards are sufficient to repair or re he damaged or destroyed Property, the Association, as trustee for the owners, will prompthpa funds to the repair or restoration.

ee ee NT EN TTT : 15.2.2. Insufficient Proceeds. Oy j ds are not sufficient to pay the estimated ; or actual costs of restoration as determine board may levy a Deficiency Assessment i against the owners to fund the difference

Insufficient Proceeds. Oy j ds are not sufficient to pay the estimated ; or actual costs of restoration as determine board may levy a Deficiency Assessment i against the owners to fund the difference | 15.2.3; dtion has a surplus of Restoration Funds after payment ‘ of all costs of repair and re: i plyé will be applied as follows. If Deficiency Assessments were a source of Restoratidv fe e-Surplus will be paid to owners in proportion to their contributions resultingfr¢ Assessment levied against them; provided that no owner : may receive a sum g actually contributed by him, and further provided that any delinquent assessment he’owner to the Association will first be deducted from the surplus.

Any surplus remaipit isbursement described in the foregoing paragraph will be common funds of the Ass¢ Q beised as directed by the board.

‘ est Estimates. Promptly after the loss, the board will obtain reliable and detailed : Ne cost of restoring the damaged Property. Costs may include premiums for bonds and 4 services of professionals, as the board deems necessary, to assist in estimating and 3 g the repair.

15.3.2. Plans and Specifications. Common elements will be repaired and restored substantially as they existed immediately prior to the damage or destruction. Units will be repaired and restored substantially in accordance with original construction plans and specifications, unless the Association insures betterments and improvements made by owners, in which case the units will be repaired and restored substantially as they existed immediately prior to the damage or destruction, Alternate plans and specifications for repair and restoration of either common elements or units must

epaired and restored substantially as they existed immediately prior to the damage or destruction, Alternate plans and specifications for repair and restoration of either common elements or units must be approved by owners representing at least two-thirds of the votes in the Association and by certain mortgagees if so required by the Mortgagee Protection article of this Declaration.

esau abe SBR MNS bic Ractive scion NSAI, Suelo acta I adie MEER LM Shhh bu at wccinpvitn ini 15.4. OWNER'S DUTY TO REPAIR.

15.4.4. Uninsured Loss. Within 60 days after the date of damage, the owner will begin repair or reconstruction of any portion of his unit not covered by the Association's blanket insurance policy, subject to the right of the Association to supervise, approve, or disa Pprove repair or restoration during the course thereof.

t Sia de DECLARATION OF " “Page 27 BELLA GARDENS CONDOMINIUM ‘dea % ae PD oe ERE OP tyre es at a ee | E 3 { | i 15.4.2. Insured Loss. If the loss to a unit is covered by the Association's insurance glicy, the owner will begin repair or restoration of damage on receipt of the insurance proceeds ‘er ‘an portion thereof from the Association, subject to the rights of the Association to supervige, ap or disapprove the repair or restoration during the course thereof.

15.4.3. Failure to Repair. If an owner fails to repair or restore damagé Section, the Association may effect the necessary repairs and levy an individuaka fent against the owner and unit for the cost thereof, after giving an owner of the uni andtice of the Association's intent to do so.

15.5. OWNER'S LIABILITY FOR INSURANCE DEDUCTIBLI repai estoration of common

inst the owner and unit for the cost thereof, after giving an owner of the uni andtice of the Association's intent to do so.

15.5. OWNER'S LIABILITY FOR INSURANCE DEDUCTIBLI repai estoration of common elements or units is required as a result of an insured loss, the boar y levy an Individual assessment, in the amount of the insurance deductible, against the owner or owners responsible for the cost of the repair or reconstruction in the absence of insuranc ARTICLE 46 TERMINATION AND GONDENN evocably appoints the Association, acting through the board, as trustee to deal with the Propexty% event of damage, destruction, obsolescence, f . As trustee, the Association will have full and or by the Act; and to make, ey interest of an owner.

16.2. TERMINATJON: gtion of the terms of this Declaration and the condominium status of bstaptial Taking. In the event of substantially total damage, destruction, or e Property, an amendment to terminate must be approved by owners representing ‘of the votes in the Association and by certain mortgagees pursuant to the ion article of this Declaration.

2.2. Total Taking. In the event of condemnation of the entire Property, an amendment e may be executed by the board without a vote of owners or mortgagees.

16.2.3. Other Circumstances. In all other circumstances, an amendment to terminate must be approved by owners representing at least 80 percent of the votes in the Association and by certain mortgagees pursuant to the Mortgagee Protection article of this Declaration.

16.3. CONDEMNATION. The Association's response to ccademnation of any part of the Property will be governed by Section 82.007 of the Act. On behalf of owners, but without their consent, the board

ion.

16.3. CONDEMNATION. The Association's response to ccademnation of any part of the Property will be governed by Section 82.007 of the Act. On behalf of owners, but without their consent, the board may execute an amendment of this Declaration to reallocate allocated interests following condemnation and to describe the altered parameters of the Property. If the Association replaces or restores common elements taken by condemnation by obtaining other land or constructing additional improvements, the board may, to the extent permitted by law, execute an amendment without the prior consent of owners to describe the altered parameters of the Property and any corresponding change of facilities or improvements.

DECLARATION OF Page 28 BELLA GARDENS CONDOMINIUM “ . .

te tettee be Rb nieces Pub casasteSetitt dated rie ttn yal ie ETE GE ao jE eds tia ta ROR et NE haath eal) a aia Ie oS See Paani anne een he eo ARTICLE 17 MORTGAGEE PROTECTION ; 17.1. INTRODUCTION. This Article is supplemental to, not a substitution for, an of the Documents. In case of conflict, this Article controls. Some sections of thig “Mortgagees," as defined in Article 1. Other sections apply to "Eligible Mortgagees," a iVely satisfied by the jortgages on units. The Sea abe ROH NEALE Mh Li hO ee AS Bg Sy al ab ag pata anthetil and address, the loan number, and duit. A single notice per unit will be valid the unit. The board will maintain this the identifying number and street addressef the so long as the Eligible Mortgagee hol information. The Association will treat the # Eligible Mortgagee's request to be notified : of any proposed action requiring the gofiser ible Mortgagees. A provision of the Documents i

e Mortgagee hol information. The Association will treat the # Eligible Mortgagee's request to be notified : of any proposed action requiring the gofiser ible Mortgagees. A provision of the Documents i requiring the approval of a spg6j Eligible Mortgagees will be based on the number a Mortgagees" means Eligib! percent of the units that are subject to mortgages held i by Eligible Mortgagee 3 ) 17.2. AMENDMENT. establishes certain standards for the benefit of Underwriting 3 ! Lenders, and is written tq-eempl k their requirements and guidelines in effect at the time of drafting. 4 If an Underwriting Lengésusequantly changes its requirements, the board, witkout approval of owners : or mortgagees, may a ch th Article and other provisions of the Documents, as necessary, to meet the i requirements of taeunderriting Lender. | | i : elon An action to terminate the legal status of the Property after substantial ; destructiag OKcORdem nation must be approved by owners representing at least 67 percent of the votes in : | tl and py at least 51 percent of Eligible Mortgagees. An action to terminate the legal status !

fo per]than substantial destruction or condemnation must be approved by at least 67 percent of : Eligite Mextgagées : 17.4. IMPLIED APPROVAL. The approval of an Eligible Mortgagee is implied when the Eligible Mortgagee fails to respond within 30 days after receiving the Association's written request for approval of 3 ! a proposed amendment, provided the Association's request was delivered by certified or registered mail, | ! return receipt requested. ‘4 | 17.5. OTHER MORTGAGEE RIGHTS. a 17.5.1. Inspection of Books. The Association will maintain current copies of the Documents i

livered by certified or registered mail, | ! return receipt requested. ‘4 | 17.5. OTHER MORTGAGEE RIGHTS. a 17.5.1. Inspection of Books. The Association will maintain current copies of the Documents i and the Association's books, records, and financial statements. Mortgagees may inspect the 4 Documents and records, by appointment, during normal business hours. 4 i 17.5.2. Financial Statements. If the Property consists of 50 units or more, and if a 4 Mortgagee submits a written request, the Association will give the Mortgagee an audited statement 3 oe i a 4 DECLARATION OF Page 2S 4 BELLA GARDENS CONDOMINIUM nena” \ an 4 : fed 3 for the preceding fiscal year within 120 days after the Association's fiscal year-end. A Mortgage have an audited statement prepared at its own expense.

17.5.3. Attendance at Meetings. A representative of an Eligible Mortgagee address any meeting which an owner may attend.

17.5.4. Right of First Refusal. Any right of first refusal imposed _b respect to a lease, sale, or transfer of a unit does not apply to a leag Mortgagee, including transfer by deed in lieu of foreclosure or foreclosure oe eeee ete AE cet Lid ae tons Ch tela | | 17.5.5. Management Contract. If professional mai aciation is required by this Article, the contract for professional management ma ore than 90 days' notice 17.6. INSURANCE POLICIES. If an Underwriting Léndé 7 en abet Gold Bea cee ade Ns etre ' hat holds a mortgage on a unit or desires : to finance a unit has requirements for insurance of condomi maintain the required coverages, to the extent they arefeasod : any notifications or processes required by the U 4 subject to change, they are not recited here. j Q | 17.7. NOTICE OF ACTIONS. The Ags i

aintain the required coverages, to the extent they arefeasod : any notifications or processes required by the U 4 subject to change, they are not recited here. j Q | 17.7. NOTICE OF ACTIONS. The Ags i to Eligible Mortgagees of the followigsyactiq ¥ j ; a a. Any condemnatiog of cagualh at affects a material portion of the Property cr the j mortgaged unj | b. Any 60-day deknquency in the payment of assessments or charges owed by the owner of the 3 mortgaged_uni : i } i proposed amendment of a material nature, as provided in this Article.

ny proposed termination of the condominium status of the Property.

17.8. AMENDMENTS OF A MATERIAL NATURE. A Document amendment of a material nature must | be approved by owners representing at least 67 percent of the votes in the Association, and by at least 51 i percent of Eligible Mortgagees. This approval requirernent does not apply to amendments effected by the 4 exercise of a Development Right provided in Appendix B hereto. A change to any of the provisions 4 governing the following would be considered material: 8 t a. Voting rights. 4 4 b. Increases in assessments that raise the previously assessed amount by more than 25 percent, ; assessment liens, or the priority of assessment liens. 4 4 C. Reductions in reserves for maintenance, repair, and replacement of common elements. 4 4 y : it DECLARATION OF — Page 30 BELLA GARDENS CONDOMINIUM naam yey rd A 3 g | | d. Responsibility for maintenance and repairs.

e. Reallocation of interests in the general or limited common elements, or rights 16 except that when limited common elements are reallocated by agreement bet only those owners and only the Eligible Mortgagees holding mortgages aga need approve the action.

ommon elements, or rights 16 except that when limited common elements are reallocated by agreement bet only those owners and only the Eligible Mortgagees holding mortgages aga need approve the action.

h. Expansion or contraction of the Property, property to or from the Property.

i. Property or fidelity insurance requireme j. Imposition of any restrictions on I. If the Property cons self-management of the Pyoperty, in a manner other than that specified in the Documents, partial condemnation.

ARTICLE 18 AMENDMENTS NTS REQUIRED. As permitted by the Act or by this Declaration, certain amendments of may be executed by Declarant alone, or by certain owners alone, or by the board alone.

Othe (ments to this Declaration must be approved by owners representing at least 67 percent of the votes inthe Association.

18.2. METHOD OF AMENDMENT. This Declaration may be amended by any method selected by the board from time to time, pursuant to the bylaws, provided the method gives an owner of each unit the substance if not exact wording of the proposed amendment, a description in layman's terms of the effect of the proposed amendment, and an opportunity to vote for or against the proposed amendment. For amendments requiring the consent of Eligible Mortgagees, the Association will send each Eligible Mortgagee a detailed description, if not exact wording, of any proposed amendment.

18.3. EFFECTIVE. To be effective, an amendment must be in the form of a written instrument (1) referencing the name of the Property, the name of the Association, and the recording data of this Declaration and any amendments hereto; (2) signed and acknowledged by an officer of the Association, certifying the requisite approval of owners and, if required, Eligible Mortgagees; and (3) recorded in the Real

and any amendments hereto; (2) signed and acknowledged by an officer of the Association, certifying the requisite approval of owners and, if required, Eligible Mortgagees; and (3) recorded in the Real Property Records of Dallas County, Texas.

DECLARATION OF Page 31 BELLA GARDENS CONDOMINIUM No ~ >) is" aaa) SR Debit 4 i 4 4 j : ; 4 j i ¢ inseaitud mnsote Baan mene anette enc bss insite j J ; i ; 3 a 4 SAGES ar RUS iced alc UI, nese: ba La Mahe RP eae RST COTTA A IETTOP LETTS Pap cts ET NPG Ta peg re AN NP tearm re entt 18.4. DECLARANT PROVISIONS. No amendment may affect Declarant's rights unde Declaration or the Act without Declarant's written and acknowledged consent, which must be part recorded amendment instrument. Because Appendix B of this Declaration is destined to becom beginning 15 years after the date this Declaration is first recorded, the board may restate publish this Declaration without Appendix_B, provided the other appendixes are not ffele ARTICLE 19 DISPUTE RESOLUTION 19.1. INTRODUCTION & DEFINITIONS. The Association, the owners, to this Declaration, and any person not otherwise subject to this Dedlaration y a of disputes involving the Property and to avoid the emotional and financial costs of littgatlg if at all possible. Accordingly, each Party hereby covenants and agrees that this Article applies to all cha as hereafter defined. As used in this Article only, the following words, when capitalized, have , specified meanings: 19.1.1. "Claim" means any cla Gg pf dispute between Parties involving the Properties, except Exempt Claims as defin Qwy andAncluding without limitation: a.

b.

c.

19.1.2 pt Claims" means the following claims or actions, which are exempt from

ute between Parties involving the Properties, except Exempt Claims as defin Qwy andAncluding without limitation: a.

b.

c.

19.1.2 pt Claims" means the following claims or actions, which are exempt from The Association's claim for assessments, and any action by the Association to collect assessments.

An action by any Party to obtain a temporary restraining order or equivalent emergency equitable relief, and such other ancillary relief as the court deems necessary to maintain the status quo and preserve the Party's ability to enforce the provisions of this Declaration.

G Enforcement of the easements, architectural control, maintenance, and use restrictions of this Declaration.

d. A suit to which an applicable statute of limitations would expire within the notice period of this Article, unless a Party against whom the Claim is made agrees to toll the statute of limitations as to the Claim for the period reasonably necessary to comply with this Article.

e. A dispute that is subject to alternate dispute resolution - such as mediation or albitration - by the terms of a public law or another instrument, such as a contract DECLARATION OF Page 32 BELLA GARDENS CONDOMINIUM see — * ran Yr eee ATTA -. eavinctnnburn pa ane qeaaee se sty atts aiabsottna enansnenemnnsnsen weer een 0 nee aE aS AF eh nN nat oem meee | | | | b.

see or warranty agreement, in which case the dispute is exempt from this Article zfgless the Parties agree to have the dispute governed by this Article.

19.1.4. "Respondent" means the Party against whom the Claimant has a-Glal 19.2. MANDATORY PROCEDURES. Claimant may not file suit in any court or init@éte'

to have the dispute governed by this Article.

19.1.4. "Respondent" means the Party against whom the Claimant has a-Glal 19.2. MANDATORY PROCEDURES. Claimant may not file suit in any court or init@éte' before any administrative tribunal seeking redress or resolution of its Claim until Claimant‘ha the procedures of this Article.

19.3. NOTICE. Claimant must notify Respondent in writing g ’ plainly and concisely: (1) the nature of the Claim, including date, fing jon; persons involved, and Respondent's role in the Claim; (2) the basis of the Claim (ie., the authority out of which the Claim arises); (3) what Claimant wants Reskonwent té dé or not do to resolve the Claim; and (4) that the Notice is given pursuant to this Secting.

19.4. NEGOTIATION. Claimant and Respondent willmake Syery reasonable effort to meet in person to resolve the Claim by good faith negotiation. Within 26 3 Respondent and Claimant will meet at a mutuallyacceptahle x afid time to discuss the Claim. At such meeting or at some other mutually-agreeable tinte/5 adi Respondent's representatives will have full access to the property that is subject to the purposes of inspecting the property. If Respondent elects to take corrective acti will provide Respondent and Respondent's representatives and agents with full oes e bY to take and complete corrective action.

t do not resolve the Claim through negotiation within such other period as may be agreed on by the parties), Wich to submit the Claim to mediation under the auspices of a mediation center or individua di b which the parties mutually agree. The mediator must have at least 5 years of experie’ mediator and must have technical knowledge or expertise appropriate to the subjeg é Claim. If Claimant does not submit the Claim to mediation within

The mediator must have at least 5 years of experie’ mediator and must have technical knowledge or expertise appropriate to the subjeg é Claim. If Claimant does not submit the Claim to mediation within ed to have waived the Claim, and Respondent is released and discharged ant on account of the Claim.

19.7. ALLOCATION OF COSTS. Except as otherwise provided in this Section, each Party bears all of its own costs incurred prior to and during the proceedings described in the Notice, Negotiation, and Mediation sections above, including its attorneys fees. Respondent and Claimant will equally divide all expenses and fees charged by the mediator.

19.8. ENFORCEMENT OF RESOLUTION. Any settlement of the Claim through negotiation or mediation will be documented in writing and signed by the Parties. If any Party thereafter fails to abide by the terms of the agreement, then the other Party may file suit or initiate administrative proceedings to enforce the agreement without the need to again comply with the prcecedures set forth in this Article. In that event, the Party taking action to enforce the agreement is entitled to recover from the non-complying Party all costs incurred in enforcing the agreement, including, without limitation, attorneys fees and court costs.

DECLARATION OF ~ Page 33.

BELLA GARDENS CONDOMINIUM “ 22 \ F j A SONY PEE LN OLN LT IT PATOL D ACY Ae LT EMT I RAE te oo eet ema ttn EG oO mt Anememnet aaj nd ap Sen a nescence NA i Claim. A Party having an Exempt Claim may submit it to the procedures of this Article.

19.10. LITIGATION APPROVAL & SETTLEMENT. In addition to and notwith alternate dispute resolution procedures, the Association may not initiate any judi

may submit it to the procedures of this Article.

19.10. LITIGATION APPROVAL & SETTLEMENT. In addition to and notwith alternate dispute resolution procedures, the Association may not initiate any judi proceeding without the prior approval of owners representing at least a majority 9 at a meeting of the Association at which a quorum is present, except that no s to enforce provisions of this Declaration, including collection of assessments: proceedings; (3) to enforce a contract against a contractor, vendor, Association; (4) to defend claims filed against the Association, or ta instituted against the Association; or (5) to obtain a temporary rest equitable relief when circumstances do not provide sufficient time to's order to preserve the status quo. The board, on behalf owners, is hereby authorized to negotiate, mediate, arbitra document related thereto, such as settlement agreemen d & 20.1. COMPLIANCE. The owners Association will be in accordance wi and ordinances, as same may be a entity having jurisdiction over thé ordinances. Generally, the té conflict with local, state, w or ordinance.

19.9. GENERAL PROVISIONS. A release or discharge of Respondent from liability to Clai account of the Claim does not release Respondent from liability to persons who are not party tg.Cla tHe Documents and all applicable laws, regulations, ime'to time, of any governmental or quasi-governmental Ring order br equivalent emergency atthe pfior consents of owners in ation-and without the consent of or settle litigation, and may execute any er or release of claims.

a Documents are enforceable to the extent they do not violate or Mad ds or other notices required to be sent to an owner or resident by the ibe gent by ordinary or certified mail, postage prepaid, to the party's last known

eable to the extent they do not violate or Mad ds or other notices required to be sent to an owner or resident by the ibe gent by ordinary or certified mail, postage prepaid, to the party's last known address as it apears € records of the Association at the time of mailing. If an owner fails to give the deemed be Ree given notice whether or not he actually receives it.

DRAFTER'S DICTUM Users of this document should periodically review statutes and court rulings that may modify or nullify provisions of this document or its enforcement, or ‘ay create rights or duties not anticipated by this document.

ii aprnere—cprteie ante 20.5. SEVERABILITY. Invalidation of any provision of this Declaration by judgment or court order BERAL CONSTRUCTION. The terms and provision of each Document are to be liberally € effect to the purposes and intent of the Document. All doubts regarding a provision, ctions on the use or alienability of property, will be resolved in favor of the operation of the Association and its enforcement of the Documents, regardless which party seeks enforcement.

ey¥mailing notices, all notices may be sent to the owner's unit, and the owner is aeheiememettice cate ee ete ae does not affect any other provision, which remains in full force and effect. The effect of a general statement is not limited by the enumeration of specific matters similar to the general.

20.6. CAPTIONS. The captions of articles and sections are inserted only for convenience and are in no way to be construed as defining or modifying the text to which they refer.

DECLARATION OF BELLA GARDENS CONDOMINIUM nn : A cree ROR “BREE REE mage rcp here TT omen ntne nt rQninnnarenee pa ~ Page 34

DECLARATION OF BELLA GARDENS CONDOMINIUM nn : A cree ROR “BREE REE mage rcp here TT omen ntne nt rQninnnarenee pa ~ Page 34 plural the singular, where the same would be appropriate.

20.8. DURATION. Unless terminated or amended by owners as permitted hefej of this Declaration run with and bind the Property, and will remain in effect perpét permitted by law.

20.9. PREPARER. This Declaration was prepared in the law.offices Palmer, Allen & McTaggart, LLP, 8111 Preston Road, Suite 300, Dg ¢ 20.10. APPENDIXES. The following appendixes are attachad ty this Dacldration and are incorporated herein by reference: A - Description of Subject Land B - Declarant Representations & Reservati C - Schedule of Allocated Interests D - Plats and Plans E - Easements and Licenses F - Consent to Declaration NOWLEDGED SIGNED on this } er 2002.

SPANISH TRACE PARTNERS, L.P., a Texas limited partnership By: SPANISH TRACE INVESTMENTS, INC., a Texas corporation, its general partner ATR OF TEXAS § § cou FDALLAS § This instrument was acknowledged before me on this t st day of November 2002 by Craig P. Power, President of Spanish Trace Investments, Inc., a Texas corporation, on behalf of said corporation in its capacity as general partner of Spanish Trace Partners, L.P., a Texas limited partnership, on behalf of the limited partnership.

DECLARATION OF Page 35 BELLA GARDENS CONDOMINIUM .

“os . ce tea ge EE EEE US ASO SESTAST TT CLT ALLO LTT SECS TILT LECCE Ae ee fen APPENDIX A DESCRIPTION OF SUBJECT LAND BELLA GARDENS CONDOMINIUM wueis OOLié APPENDIX B DECLARANT REPRESENTATIONS & RESERVATIONS B.l. GENERAL PROVISIONS.

TAST TT CLT ALLO LTT SECS TILT LECCE Ae ee fen APPENDIX A DESCRIPTION OF SUBJECT LAND BELLA GARDENS CONDOMINIUM wueis OOLié APPENDIX B DECLARANT REPRESENTATIONS & RESERVATIONS B.l. GENERAL PROVISIONS.

B.1.1. Introduction. Declarant intends the Declaration to be perpetye related provisions in this Appendix.

B.1.2. General Reservation & Construction. Nd Declarant hereby reserves exclusively unto itself artd if successo' id assigns. In case of conflict between this Appendix and any other Document, thisAppendix controls. This Appendix may not be amended without the prior written consent of Deetarant \TAa terms and provisions of this Appendix must be construed liberally to give Hees efla gtéat to protect Declarant's interests in the Property.

8.1.3. dNOecfarant Control Periods. This Appendix gives Purpose of Developmtengs a the Property, which is ultimately for the benefit and arant may not use its contro! of the Association and the gagreds_0 Property for an advankag6,ove oa by way of retention of any residual rights or interests in 5 ngs Vf any contractual agreements which the Association may not protection of owners d Qa gees, and for the purpose of ensuring a complete and iiaiie. buldout and sellout of the Property ay De sae (including + operty subject to annexation) to owners other than Declarant; or “e) the sole opinion of Declarant, the Association is viable, self-supporting, and operational.

B.2.2. Officers & Directors. During the Declarant Control Period, the Board may consist of 3 persons. Declarant may appoint, remove, and replace any officer or director of the Association, none of whom need be members or owners, and each of whom is indemnified by the Association as a “Leader,” subject to the following limitation. Within 120 days after the conveyance of 50 percent

ation, none of whom need be members or owners, and each of whom is indemnified by the Association as a “Leader,” subject to the following limitation. Within 120 days after the conveyance of 50 percent of the units that may be created (including property subject to annexation, if any) to owners other than Declarant, at least one-third of the board must be elected by owners other than Declarant.

8.2.3. Organizational Meeting. Before the end of the Declarant Control Period or within 120 days after the conveyance of 75 percent of the units that may be created (including property subject to annexation) to owners other than Declarant, the owners will elect directors to the board at an organizational meeting of the members of the Association. Declarant or the Association will give written notice of the organizational meeting to an owner of each unit at least 10 days before the meeting. For the organizational meeting, owners of 10 percent of the units constitute a quorum. The APPENDIX B TO DECLARATION OF BELLA GARDENS CONDOMINIUM Page B-1 DECLARANT REPRESENTATIONS & RESERVATIONS sae ’ -, ‘ t i d ; j board elected at the organizational meeting will elect the officers of the Association not later haan 30 days after the end of the Declarant Contro! Period.

B.2.4. Obligation for Assessments. Until the Association first levies regul, Declarant must pay all the expenses of the Property as they accrue. After th Declarant has the following 2 options until the earlier of (1) end of the Declaran 3 years after the date on which Declarant first conveys a unit: a. For each unit owned by Declarant, Declarant i is ee fo manner as any owner.

ng 2 options until the earlier of (1) end of the Declaran 3 years after the date on which Declarant first conveys a unit: a. For each unit owned by Declarant, Declarant i is ee fo manner as any owner.

b. Alternatively, Declarant will assume resport ¢ difference (the “red ink") between the Association's actual gs dd the regular assessments received from owners other than\Q will provid? any additional funds necessary to pay actual cash outla}g OKthe Association. On termination of the option period, Declarant must bg yssessments on each Declarant owned B.2.5. Expenses of Declarant. ‘Expsases Teléted to the renovation and marketing of the Property will be paid by Declarant an@“a t OXF i special assessments or infrags&s assessments is not effective and may not be exercised.

B.2.7. aet. If Declarant enters intoa professional management contract on behalf of the Assqtiatiog duxiny the Declarant Control Period, the Association has the right to terminate the contra a oN . ad/by the owners takes office.

8 (e) Elements. At or prior to termination of the Declarant Control Period, if title Ommon element is capable of being transferred, Declarant will convey title or Association. At the time of conveyance, the common element will be free of DECLARANT REPRESENTATIONS. Declarant makes the foilowing representations: B.3.1. Act Representations. The Property is not subject to expansion by phasing. The Property described in the initial Appendix A is not subject to a right of withdrawal of real property by Declarant. No part of the Property is a leasehold condominium, as defined by the Act. All of the improvements in the Property are conversion buildings as defined by the Act.

B.3.2. Size Restriction. The Property is subject to the Restrictions recorded on June 7,

as defined by the Act. All of the improvements in the Property are conversion buildings as defined by the Act.

B.3.2. Size Restriction. The Property is subject to the Restrictions recorded on June 7, 1963, in Volume 81, Page 2379, Real Property Records, Dallas County, Texas, which states in part that “no apartment dwelling unit shall contain less than 1,000 square feet of floor space." This restriction was imposed in 1963 by Central and Company when it platted Caruth Manor No. 2 Addition, of which the Property is a part. To the best of Declarant's knowledge and belief, the size and shape of the dwelling units is substantially unchanged from the 73-unit apartment building for which the City of Dallas issued its certificate of occupancy in November 1964. Declarant hereby gives notice that Declarant has done nothing to alter the floor space of the units in the Property, which he acquired in APPENDIX B TO DECLARATION OF BELLA GARDENS CONDOMINIUM Page B-2 DECLARANT REPRESENTATIONS & RESERVATIONS wee? | — 2 cae EE ee RR RRR A A, RR Pt A A TO ee Y Ae epee ne — 2002. In giving this notice, Declarant does not represent that the 1963 restriction is enforceable.

B.4. DEVELOPMENT PERIOD RIGHTS & RESERVATIONS. Declarant hereby reserve rights and reservations regarding Declarant's development of the Property.

include, without limitation, changes in the sizes, styles, configurations, of units, buildings, and common elements.

p \ Modifications may eens arts appearances 8.4.2. Architectural Control. During the Develop right to appoint the ACC, consisting of any number of persons g and who may be removed and replaced by Declaraat. aridigg the foregoing, during the

ces 8.4.2. Architectural Control. During the Develop right to appoint the ACC, consisting of any number of persons g and who may be removed and replaced by Declaraat. aridigg the foregoing, during the Development Period -- after termination of Declarant’ atlier if Declarant permits -- the board may appoint or serve as a "modifications comfyjtte" to respond exclusively to modifications of completed units that are owned by persons ote dbdivide units or convert units into common elements; (4) to portion of the real property marked on the Plat and Plans as provided that no unit in the portion to be withdrawn has been an Declarant.

Development Rights Reserved," !f any, Declarant makes no assurances as to 3 ill exercise its Developrnent Rights, the order in which portions will be developed, portions will be developed. The exercise of Development Rights as to some portions te Declarant to exercise them as to other portions.

Amendment. During the Development Period, Declarant may amend this aration and the other Documents, without consent of other owners or any mortgagee, for the following limited purposes: a. To meet the requirements, standards, or recommended guidelines of an Undermriting Lender to enable an institutional or governmental lender to make or purchase mortgage loans on the units.

b. To correct any defects in the execution of this Declaration or the other Documents.

C. To add real property to the Property, in the exercise of statutory Development Rights.

d. To create units, general common elements, and limited common elements within the Property, in the exercise of statutory Development Rights.

APPENDIX 8 TO DECLARATION OF BELLA GARDENS CONDOMINIUM Page B-3 DECLARANT REPRESENTATIONS & RESERVATIONS

f statutory Development Rights.

APPENDIX 8 TO DECLARATION OF BELLA GARDENS CONDOMINIUM Page B-3 DECLARANT REPRESENTATIONS & RESERVATIONS e. To subdivide, combine, or reconfigure units or convert units into common el in the exercise of statutory Development Rights.

f. To withdraw from the Property any portion of the real property mar lat and Plans as "Development Rights Reserved," in the exe!

Development Rights.

g. To resolve conflicts, clarify ambiguities, and to corre: omissions in the Documents.

h. To change the name or entity of Dectarany i. For any other purpose, provided the amendméat has aterial adverse effect on any right of any owner.

B.S. SPECIAL DECLARANT RIGHTS. As permitt the Act, Declarant reserves the belowdescribed Special Declarant Rights, to the maximum exterit pe applicable, anywhere within the Property duri amendment to this Declaration executed by Declarant so long as Declarant holds a Develop or Declarant owns a unit, whichever ceases la riod, Unless terminated earlier by an ial Declarant Right may be exercised by reate additional units or common elements a.

b.

Gs d.

amentand right to place or install signs, banners, flags, display lighting, potted plants, eridr decorative items, seasonal decorations, temporary window treatments, and seasonal dscaping on the Property, including items and locations that are prohibited to other owners d residents. Declarant reserves an easement and right to maintain, relocate, replace, or temove the same from time to time within the Property.

DIFFERENT RULES The developer has rights and privileges to use the property in ways that are not available to other owners and residents.

ace, or temove the same from time to time within the Property.

DIFFERENT RULES The developer has rights and privileges to use the property in ways that are not available to other owners and residents.

f. Declarant has an easement and right of ingress and egress in and through the common elements and units owned or leased by Declarant for purposes of constructing, maintaining, managing, and marketing the Property, and for discharging Dectarant's obligations under the Act and this Declaration.

g. The right to appcint or remove any Declarant-appointed officer or director of the Association during the Declarant Control Period consistent with the Act.

APPENDIX B TO DECLARATION OF BELLA GARDENS CONDOMINIUM Page B-4 DECLARANT REPRESENTATIONS & RESERVATIONS B.6. ADDITIONAL EASEMENTS & RIGHTS. Declarant reserves the following easements anayi exercisable at Declarant's sole discretion, for the duration of the Development Period: a. An easement and right to erect, construct, and maintain on and in the com units owned or leased by Declarant whatever Declarant determines tg advisable in connection with the construction, completion, managemeg marketing of the Property.

Declaration or the other Documents.

c. The right of entry and access to all units to perfor benefit of the unit being entered, adjoiningssgits, or com must be made in advance for a time rea unreasonably withhold consent.

d. An easement and right to make ay id alterations on common elements and units used by Declarant as mi may be necessary to adapt them to the uses permitted herein. Declarant, an¥s sole expense, will restore altered common elements and units to conform itectural standards of the Property. The restoration

ay be necessary to adapt them to the uses permitted herein. Declarant, an¥s sole expense, will restore altered common elements and units to conform itectural standards of the Property. The restoration B.7. A.APPROVAL. During the Development Period, the following the U.S. Department of Housing and Urban Development 1A insures a mortgage on a unit: (1) annexation of additional consolidation with another property owners association; (3) edication of common elements to a public entity; (5) amendment Bec é Or (6) dissolution or amendment of the articles of incorporation. The approval of HUD/FHA ac hen it fails to respond within 30 days after receiving written request for K @ ache ("HUD/FHA") if and for so property to the Property; mortgaging of common RKING CAPITAL FUND. Declarant may establish a working capital fund for the Association hatAS at least equal to Z months of regular assessments for each unit. If Declarant fund, each unit's contribution will be collected when the sale of the unit closes or on ne Declarant Control Period, whichever occurs first. Contributions to the fund are not g ents of regular assessments and are not refundable. Not later than termination of the Declarant Control Period, the fully funded working capital fund will be transferred to the Association for deposit to a segregated fund. During the Declarant Controi Period, the fund may not be used to pay the Association's operational expenses. Declarant may not use the fund to defray Declarant's expenses, reserve contributions, or construction costs, or to cover the Association's budget deficits during the Declarant Control Period. If Declarant has unsold units on termination of the Declarant Control Period, Declarant may

s, or construction costs, or to cover the Association's budget deficits during the Declarant Control Period. If Declarant has unsold units on termination of the Declarant Control Period, Declarant may reimburse itself for a unit's pre-paid contributions from monies collected at the unit's closing.

B.9. SUCCESSOR DECLARANT. Declarant may designate one or more Successor Declarants for specified designated purposes and/or for specified portions of the Property, or for all purposes and all of the Property. To be effective, the designation must be in writing, signed and acknowledged by Declarant and Successor Declarant, and recorded in the Real Property Records of Dallas County, Texas. Declarant (or Successor Declarant) may subject the designation of Successor Declarant to limitations and reservations.

Unless the designation of Successor Declarant provides otherwise, a Successor Declarant has the rights of Declarant under this Section and may designate further Successor Declarants.

on APPENDIX B TO DECLARATION OF BELLA GARDENS CONDOMINIUM Page B-5 DECLARANT REPRESENTATIONS & RESERVATIONS wate; iy ve Wt Re chi ee ain een Tay awe Rages APPENDIX C SCHEDULE OF ALLOCATED INTERESTS BELLA GARDENS CONDOMINIUM Ao PERCENTAGE COMMON BUILDING PLAN TYPE ELEMENT OWNERSHIP APPENDIX C TO DECLARATION OF BELLA GARDENS CONDOMINIUM Page C-1 SCHEDULE OF ALLOCATED INTERESTS A ne mney eereewiin aren meee mee ew UNIT BUILDING PLAN TYPE 113 5915 K 114 5917 H 214 5917 H 115 5917 D 215 5917 D 116 5917 D 216 5917 D 117 5927 D 217 5927 118 5927 218 5927 119 5927 219 5927 120 H 220 H D 5927 D 122 5927 D 222 5927 D Unofficial Copy PERCENTAGE COMMON ELEMENT

17 H 214 5917 H 115 5917 D 215 5917 D 116 5917 D 216 5917 D 117 5927 D 217 5927 118 5927 218 5927 119 5927 219 5927 120 H 220 H D 5927 D 122 5927 D 222 5927 D Unofficial Copy PERCENTAGE COMMON ELEMENT PERCENTAGE LIABILITY FOR OWNERSHIP COMMON EXPENSES 1.6 1.4 1 1.4 1 1.3 1 1.3 1 + 1.3 1 1.3 1 1.3 1 1.3 1 1.4 1.4 1 1.4 1.4 1 1.4 1.4 1 1.4 1.4 1 1.4 1.4 1 1.4 1.4 1 1.3 1.3 1 1.3 1.3 1 1.3 1.3 1 1.3 1.3 1.

123 5931 F 1.3 1.3 1 223 5931 F 1.3 1.3 1 124 5931 H 1.4 1.4 1 224 5931 H 1.4 1.4 1 125 5931 H 1.4 1.4 1 225 5931 H 1.4 1.4 1 126 5931 G 1.2 1.2 1 APPENDIX C TO DECLARATION OF BELLA GARDENS CONDOMINIUM SCHEDULE OF ALLOCATED INTERESTS ( Page C-2 2002214 00123 UNIT BUILDING PLAN TYPE 226 5931 G 127 5937 D 227 5937 D 128 5937 C 228 5937 C 129 5937 C 229 5937 C 130 5937 D 230 5937 131 5925-B 132 5925-B 232 5925-B 133 5925-A E 233 E 134 E E 5925-A H 235 5925-A H 136 5919 A Unofficial copy PERCENTAGE COMMON PERCENTAGE LIABILITY FOR ELEMENT COMMON OWNERSHIP EXPENSES 1.2 1.2 1.3 1.3 1 1.3 1 1.3 1 1.3 1.3 1 1.3 1 1.3 1 1.3 1 1.3 1 1.6 1.6 1 1.4 1.4 1 1.4 1.4 1 1.3 1.3 1 1.3 1.3 1 1.3 1.3 1 1.3 1.3 1 1.4 1.4 1 1.4 1.4 1 1.5 1.5 1 236 5919 A 1.5 1.5 1 137 5919 J 1.5 1.5 1 237 5919 J 1.5 1.5 1 138 5919 C 1.3 1.3 1 238 5919 C 1.3 1.3 1 73 UNITS 11 BLDGS.

100.0 PERCENT 100.0 PERCENT 73 VOTES APPENDIX C TO DECLARATION OF BELLA GARDENS CONDOMINIUM SCHEDULE OF ALLOCATED INTERESTS { Page C-3 2002214 00:24 APPENDIX D PLATS AND PLANS BELLA GARDENS CONDOMINIUM SURVEYORS CERTIFICATION BELLA GARDENS CONDOMINIUM, 5907-5937 EAST UNIVERSITY BLVD.

CITY OF DALLAS, DALLAS COUNTY, TEXAS THIS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT

ENS CONDOMINIUM SURVEYORS CERTIFICATION BELLA GARDENS CONDOMINIUM, 5907-5937 EAST UNIVERSITY BLVD.

CITY OF DALLAS, DALLAS COUNTY, TEXAS THIS TO CERTIFY THAT THIS MAP OR PLAT AND THE SURVEY ON WHICH IT IS BASED WAS MADE FROM AN ACTUAL ON THE GROUND SURVEY AND THE MONUMENTS SHWON WERE PLACED AND OR FOUND UNDER MY DIRECT PERSONAL SUPERVISION, FURTHERMORE I CERTIFY THAT THIS SURVEY COMPLIES WITH THE CITY OF DALLAS RULES AND RECULATIONS FOR CONDOMINIUM PLATS.

Unofficial.Copy DAVID M. HENDERSON TATE OF REGISTERED KIDAVID M. HENDERSON : $489 PROFESSIONAR AND SURVE 2002214 00125 ITEE { S S CONDOMINIUM PLAT BELLA GARDENS CONDOMINIUM 5907-5937 EAST UNIVERSITY BLVD.

CARUTH MANOR NO.2 RECORDED IN VOL. 80 PG.2668 CITY OF DALLAS DALLAS COUNTY, TEXAS Date of Survey: 04/17/2002 Job Number: 213501 Checked By: Drawn By: D.M.H.

SHEET I OF 3 B.D.

드러 Benchmark Group of Texas, Inc.

899 East Arapaho Road. Pichardson i (972) 680-3037 ΓΑΥ ERD N 1 ttt )’ Neve BEING Lots 1 and 2, Block 5/5406 of Caruth Manor No. 2, an addiioh to the City of Dallas, Texas, according to the map thereof recorded in Volume RO} Page 2668, Map Records Dallas, County, Texas, and being more particularly<deseribed In two tracts by metes and bounds as follows: LOT 1 BEGINNING ot a found Iron rod (the Northeast corner of of Amesbury Drive 50 feet right~of—way; onthe West line THENCE along sald right-of-way line and East ling an are distance of 203.69 feet to a found degrees 49 minutes 01 seconds), a radi of South 19 degrees 25 minutes 20 secb urving to the left Ore having a delta of 08 and a tangent bearing THENCE South 28 degress 14 minutes OG st, 15.16 fest to a found iron rod; THENCE South 18 degrees 38 mind 00 seconds West, 13.68 feet to a found Iron rod on the North right-of-way af University Boulevard;

CE South 28 degress 14 minutes OG st, 15.16 fest to a found iron rod; THENCE South 18 degrees 38 mind 00 seconds West, 13.68 feet to a found Iron rod on the North right-of-way af University Boulevard; THENCE along sald nee 13 degrees 09 minute’ feet to a found Iron rod seconds West to a fo, THENCE South 52 right-of -wayAlne @ on a curve to tha left having a delta of gtius of 756.05 feet an arc distance of 173.62 gent bearing of South 65 degrees 09 minutes 27 nutes 00 seconds West 72.46 feet along said North on rod; ght-of-way IIne curving to the right, (said curve having minutes 13 seconds, radius of 696.05 feet), an arc b fo the Southwest corner of sald Lot 1 and the Southeast 23° degrees 30 minutes 00 seconds West 280.40 feet along said dary of said Lots 1 and 2 fo the Northwest corner of sald Lot 1 and dost corner of said Lot 2 TO o set iron rod; THENCE North 66 degrees 30 OP seconds West 291.31 feet to the POINT OF BEGINNING and containing sGuare feel (1.654 acres) of land.

2 BEGINNING at a found iron rod on the North tight—of--way line of University oulevard 592+ or — feet from the intersection of sald right-of-way line with the West right-of-way line of Amesbury Drive, said POINT OF BEGINNING being the Southwest corner of sald Lot 2: THENCE North 07 degrees 16 minutes 17 seconds West, 286.01 feet along the West boundary of said Lot 2 to a found iron red at the Northwest corner of sald Lot 2; THENCE North 66 degrees 30 minutes 00 seconds East, 210.00 feet to the Northeast corner of sald Lot 2 and the Northwest corner of said Lot 1, to a sef iron rod; THENCE South 23 degrees 30 minutes 00 seconds East, 280.40 feet along the East boundary of sald Lot 2 und the West boundary of said Lot 1 to the Southeast

west corner of said Lot 1, to a sef iron rod; THENCE South 23 degrees 30 minutes 00 seconds East, 280.40 feet along the East boundary of sald Lot 2 und the West boundary of said Lot 1 to the Southeast corner of sald Lot 2 and the Southwest corner of Lot 1 to @ point on north right-of-way line of University Boulevard; THENCE along a curve to the right and sald North right-of-way line of University .

Boulevard having a delta of 24 degrees 02 minutes 49 seconds and a radius of i 696.05 feet an arc distance of 292.13 feet to the P.0.B. and a tangent bearing of South 55 degrees 37 minutes 15 seconds West to the POINT OF BEGINNING and containing 72.441 square feet (1.663 acres) of land.

THE ABOVE DESCRIPTION DESCRIBE THE SAME PROPERTY DESCRIBED IN COMMITMENT 3.

G.F. NO. 566211-KSM ISSUED BY CHICAGO TITLE INSURANCE COMPANY WITH AN ‘ EFFECTIVE DATE OF DECEMBER 17, 2001.

rmez?214 Boles fee T NAR oe gry APNEA ih ence reg neon gens ftir sat EOE (KS CORKESPUNDING LU SUDBUULD D1ibiu ng to Chicago Title Insurance Co. G.F.#566211 iirty foot building set back line over the front subjected property, as shown on plat J in vol. 80, pg. 2668, Map Records, Dallas County, Texas.

sven and half foot utility easement over the rear of subjected property, as shown on orded in vol. 80, pg. 2668, Map Records, Dallas County, Texas.

wenty five foot building set back over the east side of subjected property, as orded in vol. 80, Pg. 2668 Map Records, Dallas County, Texas. Affects the py here on.

asement granted by W. T. Torch, et. al to Dallas Power and light comp istern Bill Tel.. Company dated July 9, 1964, field for record on ji in VOL. 368, pg. 1964 Deed records, Dallas County, Texas.

TANGENT BEARING S 19°25'20" E GNI = cD sr mL Oo ok Be yO S 28°14'06 15.16’ FIRS 19°3t ics “., Yor Fs ‘i 13.

ly 9, 1964, field for record on ji in VOL. 368, pg. 1964 Deed records, Dallas County, Texas.

TANGENT BEARING S 19°25'20" E GNI = cD sr mL Oo ok Be yO S 28°14'06 15.16’ FIRS 19°3t ics “., Yor Fs ‘i 13.

A a T2e\Pr°v-F 8 BR BX. af c a TANGENT BE Cc 4eenan fetes ag Mites nn eneennenaniaerernn oon wer Bw Nt ot seinen are .

vO, Sore 75 <C TABLE SoS Taras BEARING Nn 713" W Ww iuvé \ UTILITY STATEMENT we Ww | HAVE BEEN LOCATED FROM FIELD SURVEY INFORMATION AND EXISTING DRAWINGS. THE SURVEYOR M.

SHOWN COMPRISE ALL SUCH UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEY IND UTILITIES SHOWN ARE IN THE EXACT LOCATION INDICATED ALTHOUGH HE DOES CERTIFY THAT THEN»!

ORMATION AVAILABLE. THE SURVEYOR HAS NOT PHYSICALLY LOCATED THE UNDERGROUND UTILITIES. t ar er rar —) STATEMENT OF ENCROACHMENTS ETAL AWNING PROTRUDES 0.3' NEAR WEST PROPERTY LINE.

ILITY BUILDING PROTRUDES 2.4' INTO UTILITY ESMT NEAR NORTH PROPERTY LINE ILITY BUILDING PROTRUDES 4.0' INTO UTILITY ESMT NEAR NORTH PROPERTY LINE REET SIGN PROTRUDES 2'-0' INTO BUILDING SET BACK EASEMENT , AT IE SOUTH EAST OF PROPERTY.

BLOCK 5/5406 SUMMERSET VILLAGE CON 3 4.0' UTILITY BLDG PROTRUDES INTO ESMT DUMPSTERCopy 2002214 00129 2 2.4' UTILITY BLDG PROTRUDES INTO ESMT 15' ALLEY -APPROXIMATE 3.2 08 APPROXIMATE 2.0' CONC.

DUMPSTER ASPHALT -APPROXIMATE 1.6' CONC. 291.316PP BASIS OF 0.00′ 127.5 UTILITY ESMT CONCSIR PP COVERED PARKING 13 SPACES TWO STORY BRICK LEC. SERVICE APARTMENT HEIGHT 19.3' 5915 S 66°32′29" W 120.9' 1.7' 33.2' TB ELEC. SERVICE 80.0 20.2 13.7' GAS RISER 음 PP ONE STORY WOOD UTILITY BLDG HEIGHT =11.3' WOOD HT FENCE ONE STORY WOOD UTILITY BLDG ASPHALT 54.25 15' X 15 12 SPACES COVERED PARKIN ASPHALT 10 SPACES BLOCK 5/5406/

0 20.2 13.7' GAS RISER 음 PP ONE STORY WOOD UTILITY BLDG HEIGHT =11.3' WOOD HT FENCE ONE STORY WOOD UTILITY BLDG ASPHALT 54.25 15' X 15 12 SPACES COVERED PARKIN ASPHALT 10 SPACES BLOCK 5/5406/ COVERED PARKING D.P.& L. ESMT 8 SPACES VOL 368 PG 044 UTILITY VAULT ORIGINAL DIVISION LINE BETWEEN LOTS 1 & 2 14 9 SPACES COVERED PARKING 1 HANDICAP م DRY N08252 18.85 N 12 SPACES TWO STORY BRICK S 662835" W APARTMENT IGHT 188' -927 と 72AS Acı (11) rec (12) pla 13 pla plo (14) Sοι rec 20.8' '13 MAIL BOX 34.9' 39 40'3 11.52 29.27 23.0' 35.5' 29.30' 34.9' 35.8' 5911-B 2.0 TWO STORY 39.5' 14.8' BRICK APARTMENT HEIGHT 18.35.5' 35.6' 13.2' 56.80 4.0 5911-A GRATE 51.6 5.9 EM TWO STORY BRICK APARTMENT HEIGHT =19.1' 7.70' 20.2' ELEC. SERVICE 13.2' 16 MAIL BOX 5.0 14.8' 5.4' 59.1' 33.0' EM ☑ 75.1' 5" W 5917 5.9' 4.6 PUBLIC PAY TELI SYESΘ $ 66°39'24" W 39.9 TWO STORY BRICK APARTMENT HEIGHT =20.0 5.0' 39.9' 29.0' 21.8 EM 29.1' LOT 2 72,441 SQUARE FEET 1.663 AGRES EM 103.5' ELEC. SERVICE 5907 303 34.9' ELEC. SERVICE 5919 20.3, 41.1' ELEC. SERV..

15.0 28.8' 34.0' 11.9' Unofficial/Cool 32.7' TWO STORY BRICK APARTMENT HEIGHT 18.7 ADDRESS ON THE FRONT OF GATE 5907, 5911 5915, 5919 30.91 N 6104149" E IRON GATE SIGN 33.2' WO STORY BRICK APARTMENT HEIGHT 19.2 33.9' 33.5' S 16-42:09 43°16′31" 30.18 -31.0′FIR 34.9' N 66-29-25" E 16.5' DELTA 03*37 RAD = 696.05 L = 43.98' SIGNO 56.5) キン 592 TWO ST APA H CONC.

EM BWM SIGN DELTA RAD LENGTH = = 336.11′ (6 UNIVER 200221400130 1, 48113 C0335 J, which bears an effective date of al Flood Insurance Program (800 638-6620) we have learned this zone ard an elevation certificate may be needed to THE UNDERGROUND UTILITIES SHC

00130 1, 48113 C0335 J, which bears an effective date of al Flood Insurance Program (800 638-6620) we have learned this zone ard an elevation certificate may be needed to THE UNDERGROUND UTILITIES SHC THAT THE UNDERGROUND UTILITIE NOT WARRANT THAT THE UNDERGI!

ACCURATELY AS POSSIBLE FROM ہے n TANGI S5 LEGEND @ FOUND IRON ROD (rir) © SET IRON ROD (SIR) FH WATER METER © TELEPHONE RISER Ar af Sec eCO S| © SANITARY SEWER MANHOLE © CLEANOUT X{ LIGHT POLE [4] ELEC. TRANSFORMER -O- UTILITY POLE () RECORD BEARING AND DISTANCE ELEC. METER & 3’x3’ UNDERGROUND SERVICE WAY a. SIGN DMIWATER VALVE X— FENCE LINE SESS ang EM Be Ne Ta Pi Se Pea BASIS OF BEARINGS (N 66° 30'00"E) NORTH LINE OF LOT 1&2 BLOCK 5 FILED PLAT CARUTH MANOR NO.2 VOLUME 80, PAGE 2668 MAP RECORDS DALLAS COUNTY, TEXAS mv214 VOSI wo mnx« ne nsere ee pean nnn O I ANN IS NIAT ELSON UE a 2 EAA AE RE NASR RES WUEVanu ve 21 x Kee LA So ZONING AUTHORITY CITY OF DALLAS 320 E. JEFFERSON BLVD., # 105 DALLAS, TX., 75203 (214)948-4483 CONTACT: BECKY PILS VIS prot re Stee | reine PROPERTY IS ZONED: MF—-1(A) MULTIFAMILY ZONING BUILDING SETBACK FRONT, SIDE & REAR: 15 FEET MINIMUM SIDE FOR DUPLEX STRUCTURES: 5 FEET MINIMUM REAR FOR DUPLEX STRUCTURES: 10 FEET DWELLING UNIT DENSITY: NO MAXIMUM DWELLING UNIT DENSITY HEIGHT: 36 FEET PARKING 1 SPACE TO SQ. FT. PER DWELLING UNIT NOT LESS THAN 1 SPACE , NO MORE THAN TWO AND A HALF SPACES ARE REQUIRED PER DWELLING UNIT : 5S HANDICAP PARKING REQUIRED SRY Ne pon oe Og Oe es 4 5 4 x 4 4 ‘ | 2 g 2 _—, ' \ & \ ee” POINT OF BEGINNING ACCES |: FIR 4 VICINITY MAP i!

NOT TO SCALE > ioe oF 3 | FLOOD NOTE: Zz y graphic plotting only, this property is in Zone X of the Flood Insurance Rate Map, Community Pani,

GINNING ACCES |: FIR 4 VICINITY MAP i!

NOT TO SCALE > ioe oF 3 | FLOOD NOTE: Zz y graphic plotting only, this property is in Zone X of the Flood Insurance Rate Map, Community Pani, 8/27/2001 and is in a Special Flood Hazard Area. By telephone call dated 04/25/2002, to the Ne C vis community does currently participate in the program. No field surveying was performed to deter 3 arify this determination or upply for a variance from the Federal Emergency Management Agency.

rene SARE ER EPA Unofficial Copy CONDOMINIUM PLAT BELLA GARDENS CONDOMINIUM 5907-5937 EAST UNIVERSITY BLVD.

CARUTH MANOR NO.2 RECORDED IN VOL. 80 PG.2668 CITY OF DALLAS DALLAS COUNTY, TEXAS Date of Survey: 04/17/2002 Job Number: 213501 ㄷ Checked By: Drawn By: D.M.H.

B.D.

SHEET 2 OF 3 C Benchmark Group of Texas, Inc, 899 East Arapaho Road, Richardson, Texas 75081 (972) 680-3037 FAX 680-3052 '( 8 LAND SURVE ΥΠ 2002214 00133 : UNIT # 101 102 103 104 105 116 117 118 119 120 121 ELEVATION TABLE FIRST FLOOR ELEVATIONS: Unofficial Copy 604.61 604.61 603.55 603.55 603.55 603.55 603.51 603.51 603.54 603.54 601.96 601.96 602.64 602.64 602.64 600.65 600.65 600.65 600.65 600.65 122 600.65 123 598.80 124 598.80 125 598.80 126 598.80 127 598.79 128 598.79 129 598.79 130 598.79 131 599.58 132 599.58 133 600.53 134 600.53 : IC 135 600.53 136 602.55 137 602.55 138 602.55 W 2002214 00134 (8 '( F R al Copy 3 SPACES FIR 134 135 136 137 138 139 140 141 142 143 131132133 COVERED PARKING 14 SPACES 126 127 128 129 130 128.7 34.0 30.

30.0 123 34.0 124 5931 TWO STORY BRICK APARTMENT HEIGHT 19.2 125 97.7' 38.8' 31.0 8.9 5.4 3 SPACES 121 122 123 28.9 28.9 40.4 39.9' 122 41.0' 18.8' 34.0 28.3 121 120 7.5' 40 126 28.8' 33.4' 41.1' 127 28.8 4.1 128 3 3 25.4' 28.8' 2002214 00135 AMESBURY DRIVE (50' PUBLIC R.O.W.)

31.0 8.9 5.4 3 SPACES 121 122 123 28.9 28.9 40.4 39.9' 122 41.0' 18.8' 34.0 28.3 121 120 7.5' 40 126 28.8' 33.4' 41.1' 127 28.8 4.1 128 3 3 25.4' 28.8' 2002214 00135 AMESBURY DRIVE (50' PUBLIC R.O.W.)

LENGTH 4.1' 25.3′ 63.0' 31.5 31.5 TWO STORY BRICK APARTMENT HEIGHT=19.0" 129 63,0 5937 90 POOL 400 28.8' ww 41.1 4.1' 1.30 28.9' 4.1' 28.9' 28.9 2.8 2.1' 2.1 30.422.6' FIR FIR S 28°14′00 15.16 ′ FIR S 18°38′( 13.68 55.00 15.7' 28.4 RICK T 19.0' 133 30.6' 33.4' 35.6' 13.0' 35.0' 35.0 5925-B FIR 132 35.0' TWO STORY BRIL.

APARTMENT 131 05 24.9' ΣΜ LOT 1 72,032 SQUARE FEET 1.654 ACRES RAD = 756.05′ 5.4' 30.1.

72.46' ITY BOULEVARD PUBLIC R.O.W.)

Unofficial Copy 2002214 00136 PARKING TABLE 139 REGULAR SPACES 4 HANDICAP SPACES : 2 Unofficial Copy 30 0 30 60 90 Scale 1" = 30' BASIS OF BEARINGS (N 66° 30'00"E) NORTH LINE OF LOT 1&2 BLOCK 5 SPANISH TRACE APARTMENTS VOLUME 80, PAGE 2668 MAP RECORDS DALLAS COUNTY, TEXAS FIR 2007214 00137 27 28 61.1 4 SPACES 52 5.3 54 55 56 BL ١٣٠ 155 10 11 12 13 14 15 16 18 19 20 21 22 23 24 COVERED PARKING 14 SPACES 63.6 COVERED PARKING 12 SPACES 1 HANDICAP 2 SP 38 39 40 41 42 43 44 45 46 47 48 정하 Unofficial Cory UNIVERSITY BLVD GREENVILLE AVE SITE JASON AMESBURY VOL. 79066, PG. 3404 LOT 3, BLOCK 5/5406 IAMSBURG TWO CONDO.

6 1 2 3 4 5 67 8 14 SPACES 61.6'.

61.4 7 SPACES 2 SPACES V 3 NOT TO SCALE VICINITY MAP FIR 2002214 00138 20.8' 4.0' 29.2' 23.0' 12.0' 34.9' 28.1 29.30' 40.9 104 35.5' 39.5' 13.2' 51.6 5.9 34.9' 109 TWO STORY BRICK APARTMENT HEIGHT =18.3 5911-B 108 35.6' 35.8' 35.4 14.8' 13.2 5.5' 56.80' 5911-A 4.0 106 TWO STORY BRICK 2604 APARTMENT HEIGHT 19.1' 5.4' 14.8 7.70' 21.8 20.2' 107 28.4 20.2 59.1' 33.0' LOT 2 35.2 75.1' 114

ENT HEIGHT =18.3 5911-B 108 35.6' 35.8' 35.4 14.8' 13.2 5.5' 56.80' 5911-A 4.0 106 TWO STORY BRICK 2604 APARTMENT HEIGHT 19.1' 5.4' 14.8 7.70' 21.8 20.2' 107 28.4 20.2 59.1' 33.0' LOT 2 35.2 75.1' 114 4.6' 5.9 39.9' 39.9 IIS TWO STORY BRICK 5917 29.1' APARTMENT 116 39.9 39.9' 72,441 SQUARE FEET 1.663 5.0' 34.9' 20.3, 137 29.0' 41.1' 117 15.0 28.8 34.0' 34.2 135 118 18.3' 7.5' Unofficial Copy 32.6' 5.0 32.7 103 103.5' = 292.13′ 24.9' STORY BRICK APARTMENT 32.7 HEIGHT 19.2" 33.2' 6.0' 34.4 33.9' 35.5 -31.0'.

FIR 33.5' 34.9' 16.5' DELTA 03° RAD = 696 L = 43.9F -5925TWO S 11.9' 134 27 AF 5 ; & DELTA = LENGTH = 336.11' 2007214 00139 UNIVER BASIS OF Unofficial Copy SUMMERSET VILLAGE CONDO.

LOT 6, BLOCK 5/5406 DUMPSTER SIR 15' ALLEY 00140 2807214 DUMPSTER 291.31′ 10.00′ COVERED PARKING 13 SPACES 58 59 60 61 62 63 64 65 66 67 68 300.

39 70 71 72 73 74 75 76 77 78 APARTMENT HEIGHT =19.8 TWO STORY BRICK 120.9 20.2 113 5915 35.4 33.2' -337 112 1.7 20.2' 0.0 ONE STORY WOOD UTILITY BLDG HEIGHT -11.3 HT.831 ONE STORY WOOD UTILITY BLD -COVERED PARKING 9 SPACES 1 HANDICAP Z PARKING 10 SPACES COVERED PAR 79 80 8182 8384 85 86 87 90 91 88 89 92 193 94 95 96 8 SPACES 12 SPACES 97 98 99 100 101 102 103 104 105 106 107 108 1 10 111 112 113 114 115 116 117 118 119 120 1 COVERED PARKING 12 SPACES BLOCK 5/5406 148.1 34.0 5927 34.0 119 BRICKI Unofficial Copy CONDOMINIUM PLAT BELLA GARDENS CONDOMINIUM 5907-5937 EAST UNIVERSITY BLVD.

CARUTH MANOR NO.2 RECORDED IN VOL. 80 PG.2668 CITY OF DALLAS DALLAS COUNTY, TEXAS Date of Survey: 04/17/2002 213501 Job Number: BS Checked By: Drawn By: D.M.H.

SHEET 3 OF 3 B.D.

Benchmark Group of Texas, Inc.

899 East Arapaho Road, Richardson, Texas 75081

ALLAS DALLAS COUNTY, TEXAS Date of Survey: 04/17/2002 213501 Job Number: BS Checked By: Drawn By: D.M.H.

SHEET 3 OF 3 B.D.

Benchmark Group of Texas, Inc.

899 East Arapaho Road, Richardson, Texas 75081 (972) 680-3037 FAX 680-3052 LAAITY 7002214 00141 イベ ELEVATION TABLE SECOND FLOOR ELEVATIONS UNIT # 201 202 203 204 205 206 207 208 217 218 219 220 Unofficial Copy 612.45 612.45 612.45 612.41 612.41 612.44 612.44 610.86 610.86 611.54 611.54 611.54 609.55 609.55 609.55 609.55 221 609.55 222 609.55 (002214 00142 223 607.70 224 607.70 225 607.70 226 607.70 227 607.69 228 607.69 229 607.69 230 607.69 231 608.48 232 608.48 233 609.43 234 609.43 235 609.43 236 611.45 237 611.45 238 611.45 W 2002214 00143 FIR COVERED PARKING 14 SPACES 26 127 128 129 130 131132133 3 SPACES 134 135 136 137 138 139 140 141 142 143 30.0 38.8' 223 31.0' 34.0 128.7' 34.0 224 5931 TWO STORY BRICK APARTMENT HEIGHT =19.2' 225 97.7' 5.4 8.9 3 SPACES 121 122 123 34.0 220 28.9' 28.9 39.9' 40.4 41.0 822 18.8 221 7.5' 40.0' 06 28.8' 30.7 226 1.0 4.1' 3 33.4' 827 POOL ww 288 25.4 MESBURY DRIVE (50' PUBLIC R.O.W.)

DELTA = 4.1' 25.3' 31.5 63.0' 31.5 TWO STORY BRICK 228 APARTMENT HEIGHT =19.0" 63,0 5937 4.1' 229 1 41.1 4.1' 28.9' 230 15.7' 2.8' 2.11 2.1 28.9' 28.9 22.6' FIR FIR S FIR 28°14′00 15.16′ S 18°3 °38′0 35.0' 35.0 5925-B 232 35.0' TWO STORY BRIC 131 APARTMENT 5.4' 7.0 24.9' EM LOT 1 72,032 SQUARE FEET 1.654 ACRES 33.4' 35.6' 28.4 RICK Γ .9.0' 233 13.0' 1 30.6' 5.4' FIR 72.46′ DELTA = TY BOULEVARD PUBLIC R.O.W.)

Unofficial Copy 2002214 00144 PARKING TABLE 139 REGULAR SPACES 4 HANDICAP SPACES Unofficial Copy 0 0 30 60 90 Scale 1" = 30' BASIS OF BEARINGS NORTH LINE OF LOT 1&2 BLOCK 5

LIC R.O.W.)

Unofficial Copy 2002214 00144 PARKING TABLE 139 REGULAR SPACES 4 HANDICAP SPACES Unofficial Copy 0 0 30 60 90 Scale 1" = 30' BASIS OF BEARINGS NORTH LINE OF LOT 1&2 BLOCK 5 SPANISH TRACE APARTMENTS VOLUME 80, PAGE 2668 MAP RECORDS DALLAS COUNTY, TEXAS FIR 2002214 00145 27 28 61.1'.

4 SPACES 52 53 54 55 56 いい UNIVERSITY BLVD MILTON fficial Co BIRCHBROOK ASON JASO AMESBURY VOL. 79066, PG. 3404 6 678 SITE NOT TO SCALE VICINITY MAP FIR 02214 00146 123 4 5 2 SPACES 14 SPACES 61.4 4 BU 1 HANDICAP 2 SPF 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 7. SPACES COVERED PARKING 12 SPACES -63.61 37 38 39 40 41 42 43 44 45 46 47 48 61.6'20.8' 29.2' 12.0' 24.9' 28.1 29.30' 34.9' 209 TWO STORY BRICK APARTMENT HEIGHT 18.3 5911-B 208 35.6' 56.80' 5911-A 35.4 35.8' 14.8' 13.2 4.0 51.6 5.9 5.5' 206 TWO STORY BRICK 28.4 205 APARTMENT HEIGHT 21.8 20.2' 107 28.4 59.1' 39.5' 23.0' 40.2 5.4' 204 35.5' 13.2' 14.8' 7.70' 20.2 33.0' LOT 2 35.2 39.9 75.1' 214 4.6' 5.

39.9' TWO STORY BRICK APARTMENT HEIGHT =20.0 215 5917 216 39.9 39.9' 29.1' 72,441 SQUARE FEET 1.663 ACRES 30.3 5.0' 34.9' 5919 20.3, 29.0' 15.0 41.1' 217 28.8' 34.0' 34.2 7.5' 218 56 5925-/ TWO ST APA 234 11.9' Unofficial copy 5.0 22.7 203 32.7' 103.5' 5907 202 TWO STORY BRICK | APARTMENT HEIGHT 18.7′ 35.4 TWO STORY BRICK APARTMENT 238 32.7 HEIGHT=19.2 33.2' 6.0' 237 34,4 33.9' 35.5 31.0 FIR 33.5' 235 34.9' 16.5' DELTA 03*3 RAD 696.0 27,8 HF 32.6' 30.2'.

DELTA = LENGTH 2002214 00147 336.11′ UNIVER (F SUMMERSET VILLAGE CON LOT 6, BLOCK 5/5406 Copy BASIS OF 0.00′ COVERED PARKING 13 SPACES 8 59 60.

61 62 63 64 65 66 67 68 APARTMENT HEIGHT #19.8 TWO STORY BRICK 120.9' 20.2 5915 35.4 113 33.2' 35.4 212 1.7' 20.2' 80.0'

ASIS OF 0.00′ COVERED PARKING 13 SPACES 8 59 60.

61 62 63 64 65 66 67 68 APARTMENT HEIGHT #19.8 TWO STORY BRICK 120.9' 20.2 5915 35.4 113 33.2' 35.4 212 1.7' 20.2' 80.0' 15' ALLEY DUMPSTER SIR ONE STORY 70 71 72 73 74 75 76 77 78 VOOD UTILITY BLDG HEIGHT 11.3' ONE STORY WOOD UTILITY BL DO HT..

N Z ARKING 9 SPACES COVERED PARKING M 1 HAND ANDICAP 8 SPACES ARKING 10 SPACES COVERED PARK 79 80 2818 83,84 85 86 87 90 91 88 89 92 193 94 95 96 12 SPACES DUMPSTER 291.31′ 97 98 99 100 101 102 103 104 105 106 107 108 BLOCK 5/5406 340 COVERED PARKING 12 SPACES 109110/111 112 113 114 115 116 117 118 119 120 148.1 340 ١٠٠٠ LO 219 2002214 00148 12 APPENDIX E EASEMENTS AND LICENSES BELLA GARDENS CONDOMINIUM A description of and the recording data for recorded easements, licenses, restrictiox encumbrances appurtenant to or included in the Property or to which any portion o} become subject by reservation in this Declaration, include the following: 1. Easements shown on the Plat of Caruth Manor No. 2, record Records, Dallas County, Texas.

2. Restrictions (untitled), recorded on June 7, 1963, in Dallas County, Texas.

3. Easement, recorded July 30, 1964, in Volume 36 Texas. © 4. Right of Entry Agreement, recorded Octobe! Volume 81195, Page 915, Real Property Records, Dallas County, Texas.

5. Deed of Trust, Assignment o : rityJAgreement and Fixture Filing, dated June 28, 2002, recorded July 1, 2002, in V4 Page 03549, Real Property Records, Dallas County, ap é ed June 28, 2002, recorded July 1, 2002, in Volume 2002128, Page 03578, Real Prope ” Dallas County, Texas.

ay UCC Financing Stétd ith Schedule of Collateral, recorded July 1, 2002, in Volume 2002128, Page 01606 Records, Dallas County, Texas.

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2002128, Page 03578, Real Prope ” Dallas County, Texas.

ay UCC Financing Stétd ith Schedule of Collateral, recorded July 1, 2002, in Volume 2002128, Page 01606 Records, Dallas County, Texas.

wZ1k OOS = yal aciaantntgpamrgrerswntns initia sity te passat pati me 3 Ren RRO ENN Ia trope ran ttarymeernerm rer tetrepemane afte p a Tren we et AR Orr ~ NER GOEL TST FPPC FILED 2002 NOV-1 PM 3:46 CARL BULLOCK COUNTY CLERK DALLAS COUNTY Any provision herein which restricts the sale, rental, of th described real property because of color i race is invalid and unenforceable under federal law STATE OF TEXAS COUNTY OF DALLAS I hereby certify this instrument was filed on the date and time stamped hereon by me and was duly lycorded in the volume and hereon by me.

page of the named records of Dailes County. Texas as atamped COUNTY OF DALLAS #TATE OF TE NOV 1 2002 Earl Brelock COUNTY CLERK, Dallas County, Телая AFTER RECORDING, PLEASE RETURN TO: Ms. Sharon Reuler Settle & Pou, P.C.

4131 N. Central Expressway, 10th Floor Dallas, Texas 75204 Ados leisijoun