Document

Doc-30827 Johnson County Becky Ivey Johnson County Clerk Cleburne, TX Document rng Qn Recorded aN ERX-DECLARATION * yoa™ On: December 12, 2017 e corded At: 09:26:48 am Number of Pages: 49 Recording Fee: $214.00 Parties: DirectIndirect- NA Receipt Number: 114898 Processed By: Delani Vannatta , oo | hereby certify that this instrument was filed on the date and time stamped hereon and was duly recorded in the Volume and Page of the named records in Johnson County, Texas.

Any provision herein which restricts the sale, rental or use of the described Real Estate because of color race is invalid and unenforceable under Federal law. < i mila ae RFCKY IVEY, COUNTY CLERK JOLDINSON COUNTY, TEXAS Doc-30827 oN aor “CN gir O yy DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR BLUEBIRD MEADOWS WEST co ON o® yy Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 1 of 48 Doc-30827 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR BLUEBIRD MEADOWS WEST STATE OF TEXAS § § e@joPbor BY THESE PRESENTS ON COUNTY OF JOHNSON § THIS DECLARATJ@QN Govenanrs, CONDITIONS AND RESTRICTIONS (The "Declaration") is made by, IRD MEADOWS, LTD. ("Declarant").

yy WITNESSETH WHEREAS, Declarant is the developer and sole Owner of all that real property platted as BLUEBIRD MEADOWS PHASE 2 (the "Addition"), an Addition to the City of Burleson (the "City"), JOHNSON County, (the "County"), Texas, according to the Final Plat thereof (the "Plat") recorded in JOHNSON County, Texas, all of said property being more specifically described on the Plat of the

at thereof (the "Plat") recorded in JOHNSON County, Texas, all of said property being more specifically described on the Plat of the Addition which is incorporated herein and made a part hereof for all purposes (the "Property"). The Property is herein called "BLUEBIRD MEADOWS WEST" and is herein also referred to as the "Community", WHEREAS, BLUEBIRD MEADOWS WEST shall initially consist of (i) all residential Lots in Phase 2 which are Lots 1-5 & Common Area A, Block 5, Lots 1-13 Block 6, Lots 1-17 & Common Area D, Block 7, Lots | & 16-18, Block 8, Lots 1 & 16, Block 9, Lots 1& 16, Block 10 for a total of 45 Lots (hereinafter defined) located in the Addition developed within the Community and (ii) all Common Areas (hereinafter defined) located within the Community, WHEREAS, Declarant desires and proposes to establish and implement plans and aesthetic considerations in order to create a residential community on the Property and, to this end, desires to subject the Property to the covenants, conditions, restrictions, and easements hereinafter set forth (sometimes collectively referred to herein as the "Covenants, Conditions and Restrictions"), WHEREAS, Declarant desires to impose said Covenants, Conditions and Restrictions on the Property and yet maintain reasonable flexibility to respogd{to changing and unforeseen circumstances as to control and maintain the quality and distinction Teperty, WHEREAS, Declarant has dee \' rable to create a homeowners’ association to own and/or maintain the Common Areas (herga efined) and to which would be delegated and assigned the powers of administering an wg the Covenants, Conditions and Restrictions contained herein and

on to own and/or maintain the Common Areas (herga efined) and to which would be delegated and assigned the powers of administering an wg the Covenants, Conditions and Restrictions contained herein and collecting and AO essments and charges hereinafter created, and Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 2 of 48 Doc-30827 WHEREAS, Declarant has caused or will cause such homeowners association to be incorporated as a nonprofit corporation under the applicable provisions of the Texas Business Organizations Code, under the name of The Homeowners Association of Bluebird Meadows West, Inc. (the "Association").

NOW, THEREFORE, Declarant declares that the Property is and shall be held, transferred, sold, conveyed and occupied subject to the D AGRE) Cc tans and Restrictions as follows AND IT IS SPECIFICALLY UNDERSTOOD AND ky ALL LOTS SITUATED WITHIN THE PROPERTY SHALL BE SUBJECT T ky ANON AND ALL OWNERS OF LOTS SHALL BE SUBJECT TO THE C TS, CONDITIONS AND RESTRICTIONS SET FORTH HEREIN, AND THE ASSO ORMED PURSUANT HERETO SHALL BE MANDATORY FOR ALL HON AK OF TS AND ALL OF SUCH OWNERS MUST BE A PART OF THE Asse ONS om» has established this Declaration to provide a governance structure and a system of standards and procedures for the overall development, administration, maintenance, and preservation of BLUEBIRD MEADOWS PHASE 2.

Article i CREATION OF THE COMMUNITY il. Purpose and Intent.

Declarant, as the Owner of the real property described in Exhibit "A," intends by recording this Declaration to create a general plan of development for the master planned community known as BLUEBIRD MEADOWS WEST. This Declaration provides a reasonable procedure for the future

s by recording this Declaration to create a general plan of development for the master planned community known as BLUEBIRD MEADOWS WEST. This Declaration provides a reasonable procedure for the future expansion of the subdivision to include additional real property as Declarant deems appropriate and provides for the overall development, administration, maintenance, and preservation of the real property now and hereafter comprising BLUEBIRD MEADOWS WEST. An integral part of the development plan is the creation of the nonprofit corporation to be known as The Homeowners Association of BLUEBIRD MEADOWS WEST, Inc., an association initially comprised of all Owners of real property in the BLUEBIRD MEADOWS PHASE 2 planned community, to own, operate, and/or maintain various Common Areas and community improvements and to administer and enforce this Declaration and the other Governing Documents referred to in this Declaration.

This document does not and is not intended to create a condominium within the meaning of the Texas Condominium Act, Tex. Prop. Code Ann., Secti .601, et seq. (Vernon 1984).

i2. Binding Effect and Term, CG° ¢ All property described jp ene ," and any additional property which is made a part of the mm BLUEBIRD MEADOWS aN unity in the future by recording one or more Supplemental Declarations, shall be gy}, tonveyed, used, and otherwise encumbered subject to all of the provisions of this Declaraticg, ¥iXc8 shall run with the title to such property. This Declaration shall be binding upon Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 3 of 48 Doc-30827 all Persons having any right, title, or interest in any portion of the BLUEBIRD MEADOWS WEST community, their heirs, successors, successors-in-title, and assigns.

d Meadows West Page 3 of 48 Doc-30827 all Persons having any right, title, or interest in any portion of the BLUEBIRD MEADOWS WEST community, their heirs, successors, successors-in-title, and assigns.

This Declaration shall be enforceable by Declarant, the Association, any Owner, under the provisions herein and their respective legal representatives, heirs, successors, and assigns for a term of 20 years from the date the Declaration is recorded. oy 20-year period, this Declaration shall extend automatically for successive 10-year p © s a majority of the then Owners sign and record, within the year preceding any extension, An ent which terminates this Declaration.

Nothing in this Secti xo construed to permit termination of any easement created in this Declaration without the S the holder of such easement. If any provision of this Declaration is determined by jud: court order to be invalid in general, or invalid as applied in a particular instance, such de tion shall not affect the validity of other provisions or applications.

1.3; Governing Documents.

The Governing Documents may be supplemented by additional covenants, restrictions, and easements applicable to particular Phases within BLUEBIRD MEADOWS WEST. Nothing in this Section shall preclude the recording of a Supplemental Declaration or other instrument applicable to any portion of BLUEBIRD MEADOWS WEST (with the consent of the Owner of such property) which contains additional restrictions or more restrictive provisions; provided, any such recording is subject to Article 11, unless otherwise permitted by Article 12. The Association may, but shall not be required to, enforce any such covenants, restrictions, or other instruments, which are otherwise enforceable.

rticle 11, unless otherwise permitted by Article 12. The Association may, but shall not be required to, enforce any such covenants, restrictions, or other instruments, which are otherwise enforceable.

The Governing Documents shall apply to Owners as well as Residents of Lots and their respective tenants, guests, and invitees. Any lease of a Lot shall provide that the lessee and all Residents of the leased Lot shall be bound by the terms of the Governing Documents.

In the event of a conflict between Texas laws, the Articles (of Incorporation), the Declaration, and the By-Laws, the provisions of Texas law, the Declaration, the Articles, and the By-Laws (in that order) shall prevail. In the event of a conflict between or among the Governing Documents and any additional covenants or restrictions, and/or the provisions of any other rules or policies governing any Phase, the Governing Documents shall control.

ARTIC D s and phrases, whether or not capitalized, have specified DEFINITIONS. The followigg oy’ ents, unless a different meaning is apparent from the context meanings when used in the Goy, “oY in which the word or phrase aS : 1 , ns that ACC of the Association.

Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 4 of 48 Doc-30827 12. “ASSESSMENT” means any charge levied against a Lot or Owner by the Association, pursuant to the Governing Documents or State law.

1.3. "ASSOCIATION" means the association of Owners of all Lots in the Property, initially organized as The Homeowners Association of Bluebigd Meadows West, Inc., 2 Texas nonprofit corporation.

1.4. "BOARD" means the Boagd G2. of the Association.

* 1.5. "BUILDER" sehr constructing the initial Residence upon a Lot in the normal course of conductin; ess for profit.

Texas nonprofit corporation.

1.4. "BOARD" means the Boagd G2. of the Association.

* 1.5. "BUILDER" sehr constructing the initial Residence upon a Lot in the normal course of conductin; ess for profit.

1.6. hts the City of Burleson, Texas, in which the Property is located.

1.7. "COUNTY" means JOHNSON County, Texas, in which the Property is located.

1.8. "COMMON AREA(S)" or "COMMON PROPERTIES" means portions of the Property as described in or on the Plat that do not constitute Lots unless such Lot is designated as Common Area.

Accordingly, the Common Area means those portions of the Property designated as such on the Plat, including any recreational centers, swimming pools, ponds, parking lots, landscaping, amenities or similar areas or features. The Common Areas also includes: (i) any areas within the Property owned by the City, the Association, or any other governmental entity, but which may be maintained by the Association; (ii) any landscape, wall maintenance, pedestrian access, water features or maintenance easements reflected on the Plat, required by the City or recorded by separate instrument; (iii) all Streets within the Property and (iv) those similar areas, if any, which are owned by an Owner. Common Area shall also include all improvements on or to any portion of any of the areas described in the preceding sentence. Declarant shall at all times have and retain the right but without obligation whatsoever, to effect minor redesigns or reconfigurations of the Common Area and to execute any open space declarations applicable to the Common Area which may be permitted in order to reduce property taxes, and to take whatever steps as may be appropriate to lawfully avoid or minimize the imposition of federal and state ad valorem and/or income taxes.

h may be permitted in order to reduce property taxes, and to take whatever steps as may be appropriate to lawfully avoid or minimize the imposition of federal and state ad valorem and/or income taxes.

1.9. "DECLARANT" means BLUE BIRD MEADOWS, LTD., the developer of the Property, and/or the successors and assigns of BLUE BIRD MEADOWS, LTD., which acquire any portion of the Property for the purpose of development and which are designated a Successor Declarant by BLUE BIRD MEADOWS, LTD., or by any such successor and 30) a recorded document.

1.10. "DECLARANT CONTROL "means that period of time, beginning the date this Declaration is recorded, during which raft controls the operation of the Association, pursuant to "EXHIBIT B", of this pee eNO 111, naga@is means this document, as it may be amended from time to time.

Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 5 of 48 Doc-30827 1.12. “DESIGN GUIDELINES" shall mean and refer to those particular standards, restrictions, guidelines, recommendations and specifications applicable to all aspects of construction, placement, location, alteration, maintenance and design of any improvements within the Property, and all amendments, modifications, supplements and interpretations thereof.

1.13. "DEVELOPMENT PERIOD" me nf 20-year-period beginning the date this Declaration is recorded, during which the Co Ow developed, constructed, or marketed. The Development Period terminates automatically WBén a Owe: is constructed and completed on every Lot in the Property. Declarant rx te: ts Development Period at any time by recording a notice of termination.

1.14. "G cuMENTS! means, singly or collectively as the case may be, this

ompleted on every Lot in the Property. Declarant rx te: ts Development Period at any time by recording a notice of termination.

1.14. "G cuMENTS! means, singly or collectively as the case may be, this Declaration, and Qpy' icable Supplemental Declaration, the Plat, 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 Governing Document is a part of that Governing Document.

1.15. “LOT” means a portion of the Property intended for independent ownership, on which there is or will be constructed a Residence, as shown on the Plat. Where the context indicates or requires, "Lot" includes all improvements thereon and any portion of a right- of-way that customarily is used exclusively by and in connection with the Lot. "Lot" shall mean and refer to any one (1) of the enumerated plots or tracts of land shown upon a Final Plat, and "Lots" shall mean and refer to more than one (1) of same, and shall include all Platted developed Lots as well as all Platted undeveloped Lots, as contemplated in Section 1.21 below.

1.16. "MAJORITY" means more than half.

1.17. "MANAGING AGENT" means any person or entity who has been engaged and designated by the Board to manage the daily affairs and operations of the Association.

1.18. "MEMBER" means a member of the Association.

1.19. "OWNER" means a holder of a recorded fee simple title to a Lot. Declarant is the initial Owner of all Lots. Contract sellers and mortgagees who acquire title to a Lot through a deed in lieu of foreclosure or through judicial or nonjudicial foreclosure are Owners. Persons or entities having

wner of all Lots. Contract sellers and mortgagees who acquire title to a Lot through a deed in lieu of foreclosure or through judicial or nonjudicial foreclosure are Owners. Persons or entities having Ownership interests merely as security for the performance of an obligation are not Owners.

1.20. “PHASE” means a particular Ge d upon the Property. Declarant may impose additional or different restrictions on eagh e. if Declarant annexes additional property into the Property as provided in Section 12. va designate the area annexed as a particular Phase, and may impose, as provided in Sectio Pe onal or different restrictions on such area.

1.21. "P all Plats, singly and collectively, recorded in the Real Property Records of JOHNSON exas and pertaining to the BLUEBIRD MEADOWS WEST community Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 6 of 48 Doc-30827 (referred to as BLUEBIRD MEADOWS WEST) Addition(s) to the City of Burleson, inciuding (i) the Preliminary Plat, and thereafter the Final Plat, for any Phase of the Property submitted to and approved by the City, or any other applicable governmental entity; (ii) after recordation thereof, the final Plat for any Phase of the Property as recorded in the Records of JOHNSON County, Texas; (ii1) any replat of, or amendment to, the foregoing made by Declarant in accordance with this Declaration; and (iv) any final recorded Plat of any additional property annexed into operty pursuant to Section 12.3. Any of the specified definitions of Plat include, without iS n¥ and all dedications, limitations, restrictions, easements, and reservations shown on th i ay be amended from time to time.

1.22. "RESIDENCE", o, pairs DWELLING" means a single family detached

ut iS n¥ and all dedications, limitations, restrictions, easements, and reservations shown on th i ay be amended from time to time.

1.22. "RESIDENCE", o, pairs DWELLING" means a single family detached residence constructed upon ry onformance with this Declaration.

1.23. 4 means any paved road that is typically within a fifty-foot (50') right-of-way and serves the frof@r side of a Lot upon which a Residence is constructed.

1.24. “STRUCTURE” means any structure (other than a Residence), fence, driveway, sidewalk, planting, landscaping, irrigation system, wall, tennis court, swimming pool, outbuilding, playground equipment, or other improvement of any kind or type.

1.25. “PROPERTY" means all the land (referred to as "the Land" and/or "the Property" and/or "the Subdivision" herein) subject to this Declaration and all improvements, easements, rights, and appurtenances to the Land. The name of the Property is BLUEBIRD MEADOWS WEST. The Property is located on Land described in "EXHIBIT A", to this Declaration, and includes every residential Lot thereon.

1.26. “RESIDENT” means an occupant of a dwelling, regardless of whether the person owns the Lot.

1.27. "RULES" means rules and regulations adopted by the board in accordance with the Governing Documents.

ARTICLE 2 PROPERTY SUBJECT TO DOCUMENTS 2.1. PROPERTY. The real property described in "EXHIBIT A", is held, transferred, sold, conveyed, leased, occupied, used, insured, and encumbered subject to the terms, covenants, conditions, restrictions, liens, and easements of this Declaration, inclyd{:g Declarant's representations and reservations as set forth herein, which run with the Prope ay parties having or acquiring any right, title, or

ions, liens, and easements of this Declaration, inclyd{:g Declarant's representations and reservations as set forth herein, which run with the Prope ay parties having or acquiring any right, title, or interest in the Property, their heirs, success =e , and to the benefit of each Owner of the Property.

. Additional real property may be annexed to the Property and subjected to the Declaratio urisdiction of the Association by the Declarant as permitted herein.

Annexation of additio @ rty is accomplished by recording a declaration of annexation, including an amendment of " A", in the County's Real Property Records.

Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 7 of 48 Doc-30827 2.3. PLAT DEDICATIONS, EASEMENTS & RESTRICTIONS. In addition to the easements and restrictions contained in this Declaration, the Property is subject to the dedications, limitations, easements, restrictions, maintenance agreements, and reservations shown or cited on the Plat, which is incorporated herein by reference. Each Owner, by accepting an interest in or title to a Lot, whether or not it is so expressed in the instrument of dass covenants and agrees to be bound by the Plat, and further agrees to maintain any easement sses his Lot and for which the Association does not have express responsibility. oO 2.4. COMMON AREAS. Common Area of the Property consists of the following , even if located on a Lot or a public right-of- way: components on or adjacent AN 2.4.1. All of He) Operty, save and except the numbered Lots unless said numbered Ly SO ¥siznsted as Common Area, and including all the lettered tracts; 2.4.2. The private Streets, being all Streets and cul-de-sacs within the Property that are not publicly dedicated;

said numbered Ly SO ¥siznsted as Common Area, and including all the lettered tracts; 2.4.2. The private Streets, being all Streets and cul-de-sacs within the Property that are not publicly dedicated; 2.4.3. Fixtures and improvements on or appurtenant to the private Streets and which are intended for the use, operation, and/or maintenance of the private Streets, including but not limited to curbs, street lamps, street name signs, and traffic signs; 2.4.4. The formal entrances to the Property, including (if any) the signage, access gates, landscaping, electrical and water installations, planter boxes and fencing; 2.4.5. Any modification, replacement, or addition to any of the above-described areas and improvements; 2.4.6. Personal property owned by the Association, such as any books and records, office equipment, and pool supplies and furniture (if any).

ARTICLE 3 PROPERTY EASEMENTS AND RIGHTS 3.1. GENERAL. In addition to other easements and rights established by the Governing Documents, the Property is subject to the easements and rights contained in this Article.

3.2. EASEMENT FOR ENTRY FEA SCREENING WALL. The Association is hereby granted a perpetual easement (the "Maj ey aSement") over each Lot that abuts or contains a portion of the Property's formal entrancay o Property's screening wall, monument, fence, or berm, for the purposes stated in this Section ess of whether or how the Plat shows the easement, entry features, or fence, or berm. 1 3.2.1 asement. The purpose of the Maintenance Easement is to provide for the isPike, repair, improvement, and replacement of the Property's formal entrances and Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 8 of 48 Doc-30827

provide for the isPike, repair, improvement, and replacement of the Property's formal entrances and Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 8 of 48 Doc-30827 screening wall, monument, fence, or berm, to be maintained by the Association as a Common Area. In exercising this Maintenance Easement, the Association may construct, maintain, improve, and replace improvements reasonably related to the screening or entrance of a residential subdivision, including: access gates, screening walls, fences and/or berms; planter beds, landscaping, and plant material; electrical and water meters and equipment, includin, fixtures and sprinkler systems; and signage relating to the Property. oO 3.3. MONUMENT EA OO oeneruiger EASEMENT. The Association is granted a perpetual easement (the ent Easement") over each Lot that contains a standard street name monument ("Monum and/or a standard streetlight ("Streetlight Lot") for the purpose of repairing, removing, QO acing the monument and/or streetlight as deemed necessary by the Association. In «Ns the easement granted herein, the Association has the temporary right, from time to time, to uSé as much of the surface of the Monument Lot and/or Streetlight Lot as may be reasonably necessary for the Association to perform its contemplated work on the Monument Easement and/or Streetlight Easement. The owner of a Monument Lot and/or Streetlight Lot may not remove, deface, cover, or screen the monument or streetlight or otherwise interfere with the intended use and purpose of the monument and/or streetlight.

3.4. OWNER'S MAINTENANCE EASEMENT. Every Owner is granted an access easement over adjoining Lots and Common Areas for the maintenance or reconstruction of his Residence and other

t and/or streetlight.

3.4. OWNER'S MAINTENANCE EASEMENT. Every Owner is granted an access easement over adjoining Lots and Common Areas for the maintenance or reconstruction of his Residence and other improvements on his Lot, provided exercise of the easement does not damage or materially interfere with the use of the adjoining Lot or Common Area. Requests for entry to an adjoining Lot or Common Area must be made to the Owner of the adjoining Lot, or the Association in the case of the Common Areas, in advance for a time reasonably convenient for the adjoining Owner, who may not unreasonably withhold consent. If an Owner damages an adjoining Lot or Common Area in exercising this easement, the Owner is obligated to restore the damaged property to its original conditions, at his expense, within a reasonable period of time.

3.5. OWNER'S INGRESS/EGRESS EASEMENT. Every Owner is granted a perpetual easement over the Property's Streets, as may be reasonably required, for vehicular ingress to and egress from his Lot.

3.6. ASSOCIATION'S ACCESS EASEMENT. Each Owner grants to the Association, the Board, and the Declarant the right to access, repair and maintain all facilities and improvements within any wall, entry, fence, landscape or other similar ease: as recorded on any Plat. Furthermore, the Association and the Developer are granted an egge cess and entry to every Lot and Common Area to perform and to enforce architectural an geet, to respond to emergencies, and to perform any other duties required by the Covenant By acquisition of a Lot, each Owner hereby grants, creates and conveys unto the Gy » the other adjacent Owners and the Declarant a perpetual drainage easement over, through, u cross the Owner's Lot for the purpose of permitting runoff and/or storm

ts, creates and conveys unto the Gy » the other adjacent Owners and the Declarant a perpetual drainage easement over, through, u cross the Owner's Lot for the purpose of permitting runoff and/or storm water to drain from at: Lots over, through, under and across the Owner's Lot(s). Without limiting the foregoing, in\r o facilitate drainage from the Property subject to the Declaration over, through, Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 9 of 48 Doc-30827 under and across the Owner's Lot, each Owner hereby agrees that the Declarant or the Association, as the case may be, shall have the right to enter onto the Owner's Lot at any time to (i) prevent possible interference with the drainage easement and to remove possible hazards from the drainage easement area, (ii) prevent the construction or placement of any building, structure or other obstruction with the drainage easement area which may endanger or interfere with the efficient and convenient use of the drainage easement, (iii) grade, improve, construct, reconstruct, repair and p POL maintain swales within the drainage easement area, and (iv) regrade portions of the eG ‘Owe necessary or appropriate to permit drainage as generally described herein or as ee VG r required by appropriate governmental authorities.

Notwithstanding any of the oer NO f the Association or the Developer, each Owner hereby agrees to maintain the drainage ea a at such Owner's sole cost and expense. If any Structures or other obstructions are CNN ar or placed by any Owner within the drainage easement area without the prior Tren ENN O° Association and the Declarant, the Declarant or the Association shall have the right to remo ch Structure or obstruction at the sole cost of such Owner.

age easement area without the prior Tren ENN O° Association and the Declarant, the Declarant or the Association shall have the right to remo ch Structure or obstruction at the sole cost of such Owner.

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

A company or entity, public or private, furnishing utility service to the Property, is granted an easement over the Property for ingress, egress, meter reading, installation, maintenance repair, or replacement of utility lines and equipment, and to do anything else necessary to properly maintain and furnish utility service to the Property; provided, however, this easement may not be exercised without prior notice to the Board.

Utilities may include, but are not limited to, water, sewer, trash removal, fiber optic cable, electricity, gas, telephone, master or cable television, and security.

3.8. | SECURITY, The Association may, but is not obligated to, maintain or support certain activities within the Property designed, either directly or indirectly, to improve safety in or on the Property.

Each Owner and resident acknowledges and agrees, for himself and his guests, that Declarant, the Association, and its directors, officers, committees, agents, and employees are not providers, insurers, or guarantors of security within the Property. Each Owner and Resident acknowledges and accepts his sole responsibility to provide security for his own person and property, and assumes all risks for loss or damage to same. Each Owner and Resident further acknowledges that Declarant, the Association, and its directors,

to provide security for his own person and property, and assumes all risks for loss or damage to same. Each Owner and Resident further acknowledges that Declarant, the Association, and its directors, officers, committees, agents, and employees have made no representations or warranties, nor has the Owner or Resident relied on any representation or warranty, express or implied, including any warranty of merchantability or fitness for any particular purpose, relative to any fire, burglar, and/or intrusion systems recommended or installed, or any security measures undertaken within the Property. Each Owner and Resident acknowledges and agrees that Declarant, the jation, and its directors, officers, committees, agents, and employees may not be held liable fo ene by reason of failure to provide adequate security or ineffectiveness of security mo ur Resident is solely responsib own safety and that of his guests. The Association and the Declarant disclaims any on all li responsibility for injury or death occurring from use of the Common Area.

By acquisition = KO Owner acknowledges that he has read the Governing Documents and accepts 3.9. RISK. ot. ge all Common Area amenities (if any) at his own risk. Each Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 10 of 48 Doc-30827 his sole responsibility for his own safety and that of his guests when using the Common Area, and assumes any and all risks for loss, injuries and death arising out of such use.

3.10 RESIDENTIAL CONSTRUCTION LIABILITY ACT. Without waiving any rights under law or equity, each Owner acknowledges, covenants and agrees that residential construction defect claims regarding any Residence or Lot against the Declayat and/or Builder are controlled by the Texas

law or equity, each Owner acknowledges, covenants and agrees that residential construction defect claims regarding any Residence or Lot against the Declayat and/or Builder are controlled by the Texas Residential Construction Act (Texas Property Co et. seg., as amended), which preempts The Texas Deceptive Trades Practices Act (Texas Guy sw Commerce Code § 17.41 et seq., as amended) and any other law.

* . \O 3.11 EPA/TCEQ copy E. The Owner of each Lot and/or the Builder of each Residence agree to comply with all EQ or other federal or state regulatory authority rules and regulations regarding srosiong NY compliance with a Storm Water Pollution Prevention Plan affecting the Lots (the "Plan"), whicReficlude elements necessary for compliance with the nationwide general permit for construction activities administered by the EPA under the National Pollutant Discharge Elimination System. Each Owner and/or Builder acknowledge that the Declarant will not bear the cost or responsibility for complying with a "Plan" on any Lot upon the sale of that particular Lot within the subdivision to each Owner and/or Builder. The cost and responsibility to comply with the "Plan" shall be the responsibility of the Owner of each Lot or the Builder of each Residence and the responsible Owner and/or the responsible Builder agrees to reimburse Declarant the cost of any applicable EPA fines, if any, due to said Owners and/or said Builders non-compliance with the "Plan".

ARTICLE 4 ARCHITECTURAL COVENANTS AND CONTROL 4.1. | “PURPOSE. Because the Lots are part of a single, unified community, the Association has the right to regulate the design, use, and appearance of the Lots and Common Areas in order to preserve

L 4.1. | “PURPOSE. Because the Lots are part of a single, unified community, the Association has the right to regulate the design, use, and appearance of the Lots and Common Areas in order to preserve and enhance the Property's value and architectural harmony, and to promote and ensure the level of taste, design, quality, and harmony by which the Property is developed and maintained.

4.2. ARCHITECTURAL CONTROL COMMITTEE. The ACC consists of a minimum of 1 person but not more than 3 appointed by Declarant during the Development Period. After the Development Period, the ACC consists of 3 persons appointed by the Board, pursuant to the Bylaws, or, at the Board's option, the Board may act as the ACC. If the Board acts as the ACC, all references in the Governing Documents to the ACC are construed to oN the Board. Members of the ACC need not be Owners or Residents.

4.3. LIMITS ON LIABILITY. vs yor N discretion with respect to taste, design, and all standards specified by this Article, ers of the ACC have no liability for the ACC's decisions made in good faith, and which age ary or capricious. The ACC is not responsible for: (1) errors in or omissions from the plans oye: submitted to the ACC, (2) supervising construction for the Owner's compliance wj “ plans and specifications, or (3) the compliance of the Owner's plans and specification codes and ordinances, state and federal laws.

Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 11 of 48 Doc-30827 4.4. PROHIBITION OF CONSTRUCTION, ALTERATION & IMPROVEMENT. Without the ACC's prior written approval, a person may not construct a Residence or make an addition, alteration, improvement, installation, modification, or reconstruction of or to the Property. The ACC has the right

prior written approval, a person may not construct a Residence or make an addition, alteration, improvement, installation, modification, or reconstruction of or to the Property. The ACC has the right but not the duty to evaluate every aspect of construction, landscaping, and property use that may adversely affect the general value or appearance of the Property.

t To request ACC approval, an Owner must make written application and submit 2 AN. ans and specifications showing the nature, kind, shape, color, size, materials, and locati e work for which approval is sought. Final plans and specifications shall be sul duplicate by certified mail, return receipt requested, to the Associations' ACC. The pfa\sand specifications shall show the nature, kind, shape, height, materials and the requirements s@Torth in this Declaration. The ACC is authorized to request the submission of samples of proposed construction materials and such other information, as they reasonably deem necessary to make their determination. At such time as the plans and specifications meet the approval of the ACC one complete set of plans and specifications will be retained by the ACC, for up to three (3) years only, and the other complete set of plans shall be marked "Approved," signed by a representative of the ACC and returned to the Lot Owner or his designated representative. If disapproved by the ACC, one set of such plans shall be returned marked "Disapproved" and shall be accompanied by a reasonable statement of the reasons for disapproval, which statement shall be signed by a representative of the ACC. Any modification of the approved set of plans and specifications must again be submitted to the ACC for its approval. The

r disapproval, which statement shall be signed by a representative of the ACC. Any modification of the approved set of plans and specifications must again be submitted to the ACC for its approval. The ACC's approval or disapproval, as required herein, shall be in writing. In no event shall the ACC give verbal approval of any plans.

46. DEEMED APPROVAL. If the ACC fails to respond in writing — negatively, affirmatively, or requesting information — within 60 days after the ACC's actual receipt of the Owner's application, the Owner may submit a second request for processing of its original application. If the ACC fails to respond within 45 days after the ACC’s actual receipt of the Owner's second request, the Owner's application is deemed approved. The Owner may then proceed with the improvement, provided he adheres to the plans and specifications, which accompanied his application, and provided he initiates and completes the improvement in a timely manner. In exercising deemed approval, the burden is on the Owner to document the ACC’s actual receipt of the Owner's initial application and second request. A signed certified mail receipt may establish the ACC's receipt of the plans. Any Builder who is constructing Residences on multiple Lots shall have the option of submitting a master sgt of final plans and specifications for all of the Residences it intends to construct within the Prop Wace: in accordance with the provisions of this paragraph. Once the master set of plans hav Bor. the Builder shall be allowed to construct Residences in accordance with such a os and no further submittals shall be required unless material deviations have been ssieNONs approved plans.

4.7. BUILD IT. If the application is for work that requires a building permit from

h such a os and no further submittals shall be required unless material deviations have been ssieNONs approved plans.

4.7. BUILD IT. If the application is for work that requires a building permit from the City, the ACC’ is conditioned on the City's issuance of the appropriate permit. The ACC's Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 12 of 48 Doc-30827 approval of plans and specifications does not mean that they comply with the City's requirements.

Alternatively, approval by the City does not ensure ACC approval.

4.8. ACC GUIDELINES. The Association may publish architectural restrictions, guidelines, and standards developed by the ACC, subject to revision from time to time including revisions to reflect changes in technology, style, and taste. The Association publish such documents, on its own initiative, but shall not be required to do so. Such publicatio: SSiserea advisory publications for the ACC, but shall not be interpreted as final, or as the ultifhat ity as it is the Declarant's intention that the ACC have discretionary authority when neg learly, any publications cited, used or followed from time to time are not to be regarded as limity authority and/or the discretion of the ACC. Furthermore, in light of the fact that the ACC aaa to deviate from such publications as need be, publications will not be considered roperty or subject to review by anyone other than those who comprise the ACC. The ne) acting through the ACC, has the right to establish and enforce architectural restrictions, guidelines, and standards relating to every aspect of proposed or existing improvements on a Lot, including but not limited to Residences, fences, and landscaping, and further including replacements

, guidelines, and standards relating to every aspect of proposed or existing improvements on a Lot, including but not limited to Residences, fences, and landscaping, and further including replacements or modifications of original construction or installation.

ARTICLE 5 RESIDENTIAL CONSTRUCTION AND PERMITTED USES 5.1. COMPLIANCE REQUIREMENTS. All improvements on a Lot must (1) comply with any applicable City ordinances and codes, (2) have a building permit issued by the City, if the type of improvements requires a permit, and (3) have the ACC's prior written approval. These 3 requirements are independent — one does not ensure or eliminate the need for another. The ACC's prior written approval is a mandatory requirement for any variance and/or improvement constructed on every Lot.

5.2. VARIANCE. The use of the Property is subject to the restrictions contained in this Article, and subject to rules adopted pursuant to this Article. The Board or the ACC, as the case may be, may grant a variance or waiver of a restriction or rule on a case-by-case basis, and may limit or condition its grant.

5.3. | HOUSES. The principle improvement on a Lot must be one detached single-family Residence. The dwelling size, setbacks, and exterior materials must comply with the applicable ordinances and with any higher standards established by the ACC. The elevation of a Residence on any streetscape shall not repeat within a span of three Residences in a row.

5.4 MINIMUM FLOOR AREA. The total aiy-gonditioned living area of the main Residential Dwelling constructed on each Lot, as measured tg.t aN icc of exterior walls but exclusive of open porches, garages, patios and detached sce ON, shall be as follows: 5.4.1. All Residential Dw ‘ all have a minimum area of one thousand eight hundred

tg.t aN icc of exterior walls but exclusive of open porches, garages, patios and detached sce ON, shall be as follows: 5.4.1. All Residential Dw ‘ all have a minimum area of one thousand eight hundred (1,800) RAN the PD and/or according the City's requirements.

55. B MATERIALS. Except to the extent a higher percentage is required by the City, the total ex all area (as used herein the term "total exterior wall area" shall exclude windows Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 13 of 48 Doc-30827 and doors) of each Residential Dwelling constructed or placed on a Lot shall be not fess than the City of Burleson's requirements for brick, brick veneer, stone, stone veneer, masonry or other material approved by the Declarant. Roofing shall be ofa substance acceptable to the City, shall be covered by a manufacturer's warranty of at least 20 (twenty) years and shall have a minimum six (6') to twelve-foot (12') roof pitch on the major portions of the Residential Dwelling. (6/12 MINIMUM ROOF PITCH.)

5.6. GARAGES. Each Residence Ke arage suitable for parking a minimum of two (2) standard size automobiles, which gar hey design and materials with the main Structure.

» Residential Dwellings must be constructed on the Lot. A Residential Dweiling or add tructed elsewhere may not be moved onto a Lot. The construction of a Residential Dwellin started promptly after the ACC approves the Residential Dwelling’s plans and soecfcation SS start of construction — but not before — building material to be used in the 8 construction ma tored on the Lot. Once started, the Residential Dwelling and all other improvements on the Lot must be completed with due diligence.

not before — building material to be used in the 8 construction ma tored on the Lot. Once started, the Residential Dwelling and all other improvements on the Lot must be completed with due diligence.

5.8. ACCESSORIES. Installation of all exterior items and surfaces, including address numbers, decorative hardware, fencing , walls, external ornamentation, lights fixtures, and exterior paint and stain, is subject to the ACC's prior approval, including approval of design, color, materials, and location.

5.9. FENCES & WALLS. This Section is subject to the ACC's right to adopt additional or different specifications for construction or reconstruction of fences. Any fence or wall must be constructed of wood, decorative wrought iron or decorative wrought aluminum. No chain link fences are permitted. No fence or wall shall be permitted to extend nearer to any street than five feet (5') from the front of any Residence. However, all side yard fencing on corner Lots shall run parallel to the curb and may be placed up to the side Lot line and shall not extend beyond a point of five feet (5') behind the front of the Residence on that side. Any fence or portion thereof that faces a public Street shall be so constructed so that all structural members and posts will be on the side of the fence away from the Street so that they are not visible from any public right-of-way. No portion of any fence shall extend more than six and one-half (6'4') in height without prior approval of the ACC. For lots along CR 910, the fences facing the road must be a wooden 6 foot fence design framed with pressure treated lumber. Stained medium brown. Minimal size of 4’x4’ posts placed in concrete, with minimum of three

CR 910, the fences facing the road must be a wooden 6 foot fence design framed with pressure treated lumber. Stained medium brown. Minimal size of 4’x4’ posts placed in concrete, with minimum of three horizontal 2x4 frame rails, 6" board on board dog eared pickets, a 2x6 top cap, and a 1x4 top fascia board.

5.10. RETAINING WALLS. Retainin ‘sie be constructed entirely with ACCapproved materials; however railroad ties eho Ne retaining wall visible from a Street. Fences may not be constructed between a sO ing's — building line and the Street. All fence design, location, height, material and ust be sama in writing, by the ACC prior to installation.

sO lines and equipment must be located underground, except for: (1) uipment required by a public utility or the City; (2) elevated or surface lines Declarant as part of the development plan; and (3) surface equipment necessary 5.11. UTILITIES: elevated or surface ¥ or equipment install Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 14 of 48 Doc-30827 to maintain, operate, or read underground facilities, such as meters, risers, service pedestals, and transformers. The ACC may require that utility meters, risers, pedestals, and transformers be visually screened form the Street and neighboring Lots. Each Lot shall be connected to and shall use City water and sanitary sewage systems. Individual water supply and sewage disposal systems are not permitted.

Maintained in a manner so as not to be veges ed from the Street or neighboring Lots. The 5.12. LOT MAINTENANCE BY OWNERS. sme gp ORL sy: Lot and the Residential Dwelling must be ACC is the arbitrator of acceptable cree 5.13. ASSOCIATION: O PROMULGATE RULES. The Association, acting through

5.12. LOT MAINTENANCE BY OWNERS. sme gp ORL sy: Lot and the Residential Dwelling must be ACC is the arbitrator of acceptable cree 5.13. ASSOCIATION: O PROMULGATE RULES. The Association, acting through its Board, is granted the ri opt, amend, repeal, and enforce reasonable Rules and penalties for infractions thereof, ge e occupancy, use, disposition, maintenance, appearance, and enjoyment of the Property. & a¥ditidn to the restrictions contained in this Article, each Lot is owned and occupied subject to the right Of the Board to establish Rules, and penalties for infractions thereof, governing: Use of the Common Areas.

Hazardous, illegal, or annoying materials or activities on the Property.

The use of Property-wide services provided through the Association.

The consumption of utilities billed to the Association.

The use, maintenance, and appearance of exteriors of Residential Dwellings and Lots.

The occupancy and leasing of Residential Dwellings.

Animals.

Vehicles.

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

Anything that interferes with maintenance of the Property, operation of the Association, administration of the Governing Documents, or the quality of life for Residents.

5.14. ACCESSORY STRUCTURES. Without the prior written approval of the ACC, accessory Structures — such as dog houses, gazebos, storage buildings, playhouses, and greenhouses — are prohibited (not allowed) if (1) they exceed the height of a fence, (2) are visible from a Street or Common Area, or (3) are visible by a person standing on the surface of an adjoining Lot and must be constructed with materials similar to the Residential Dwelling. Accessory Structures may not be located

mon Area, or (3) are visible by a person standing on the surface of an adjoining Lot and must be constructed with materials similar to the Residential Dwelling. Accessory Structures may not be located in front yards or in unfenced portions of side yards facing Streets. If an accessory Structure is installed in violation of this Section, the ACC reserves the right to determine that the accessory Structure is unattractive or inappropriate or otherwise unsuitable for the Property, and may require the Owner to screen it or to remove it.

GET ACC APPROVA 5 ORE YOU SHOP FOR A STORAGE SHED \ 5.15. A ‘0 animals or livestock shall be raised, bred or kept on the Property except that dogs, cats or ousehold pets may be kept for the purpose of providing companionship for the Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 15 of 48 Doc-30827 private family. Animals are not to be raised, bred or kept for commercial purposes or for food. It is the purpose of these provisions to restrict the use of the Property so that no person shall quarter on the premises cows, horses, hogs, pigs (including pot-bellied pigs), guinea fowls, ducks, chickens, turkeys, skunks or any other animals that may interfere with the quietude, health or safety of the Community.

Pets must be restrained or confined by their Owner to the yard of the applicable Lot, inside a fenced area or within the Residence erected thereon, proya ~ ee pets may be walked only if a leash restrains such pet, It is the Owner's responsi@ili kep the front of their Lot clean and free of pet debris. All animals must be properly Ja for identification. Unless the Rules provide otherwise, the subsections of this Article shal] go als at the Property.

e front of their Lot clean and free of pet debris. All animals must be properly Ja for identification. Unless the Rules provide otherwise, the subsections of this Article shal] go als at the Property.

5.15.1. Disturban t$ must be kept in a manner that does not disturb the peaceful enjoyment s of other Lots.

5.15.2. Waste Removal. Unless the Rules provide otherwise, a Resident must prevent his pet from relieving itself on the Common Area or the Lot of another Owner. Each Resident is responsible for the removal of his pet's wastes from the Property.

5.15.3. Liability. An Owner is responsible for any property damage, injury, or disturbance caused or inflicted by an animal kept on the Lot. The Owner of a Lot on which an animal is kept is deemed to indemnify and to hold harmless the Board, the Declarant, the Builder(s) and the Association, from any loss, claim, or liability resulting from any action of the animal or arising by reason of keeping the animal on the Property.

5.16. DRAINAGE. No person may interfere with the established drainage pattern over any part of the Property unless the Board has approved an adequate alternative provision for proper drainage.

Further, each Owner covenants to honor any drainage easement affecting his Lot, as shown on the Plat or as required by any master drainage plan enacted by the City. Specifically, each Owner agrees (1) to maintain the integrity of the drainage design of his Lot by not filling or altering drainage swales that are constructed on the Lot as required by the City or by the ACC; (2) to not construct fences that impede or deflect the flow of water across his Lot; (3) to not impede or deflect the flow of water in drainage areas

on the Lot as required by the City or by the ACC; (2) to not construct fences that impede or deflect the flow of water across his Lot; (3) to not impede or deflect the flow of water in drainage areas by placing objects or by planting excessive landscaping in those areas; and (4) to conform the design and construction of sidewalks, driveways, and foundations in drainage areas to the City's drainage requirements.

5.17. DRIVEWAYS. The driveway ON SA may not be used for any purpose that interferes with its ongoing use as a route of vehic Si: to the garage. Without the Board's prior approval, a driveway may not be used: (1) A st Oe including storage of boats, trailers, and inoperable vehicles; or (2) for repair BN L of vehicles other than routine short-term maintenance.

3 Without the ACC's prior written approval, basketball goals and quipment may not be used, attached, mounted, or installed in a front an unfenced portion of a side yard, or on the Street side exterior portion of a other recreational or suy yard, on a front Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 16 of 48 Doc-30827 Residential Dwelling. If the ACC grants approval for such equipment, the approval may be revoked if the equipment is not maintained, or if it becomes unsightly.

5.19. LANDSCAPING. Every front yard shall be sodded no later than the earlier occurrence of the following events: (1) 24 hours prior to closing or (2) fourteen days following completion of the house. "Completion" as it is used in this Section 5.19 s defined as the date upon which a Certificate of Occupancy is issued for the Structure/hous; t Shall have at least one (1) native tree located in the front yard and such tree shall be at leas inches (2”) in diameter.

*

te upon which a Certificate of Occupancy is issued for the Structure/hous; t Shall have at least one (1) native tree located in the front yard and such tree shall be at leas inches (2”) in diameter.

* 5.20. MAILBOXE nen shall be installed according to a uniform set of detail specifications. Notwithstan mailboxes may be constructed with metal or use of the material approved by the A CAO 5.21. LeSfSING OF HOMES. An Owner may lease the Residential Dwelling on his Lot, subject to the Governing Documents (whether or not a written lease sets forth provisions for same). No "For Lease" signs are permitted in the Subdivision. An Owner is responsible for providing his tenant with copies of the Governing Documents and notifying him of changes thereto. An Owner is also responsible for the tenant and/or his invitees', failure to comply with the Governing Documents and any and all federal, state or local laws and regulations.

5.22. NOISE & ODOR. A Resident must exercise reasonable care to avoid making or permitting to be made loud, disturbing, or objectionable noises or noxious odors that are likely to disturb or annoy Residents of neighboring Lots. The Rules may prohibit the use of noise-producing security devices.

5.23. OCCUPANCY. Other than the completed principle Residential Dwelling, no thing or Structure on a Lot may be occupied as a Residence at any time by any person. This provision applies, without limitation, to the garage, mobile homes, campers, and storage sheds.

5.24. RESIDENTIAL USE. The use of a Lot 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 a Residential Dwelling for personal business or professional pursuits provided that:

r use permitted by this Declaration. This residential restriction does not, however, prohibit a Resident from using a Residential Dwelling for personal business or professional pursuits provided that: (1) the uses are incidental to the use of the Residential Dwelling as a Residence; (2) the uses conform to applicable governmental ordinances; (3) there is no external evidence of the uses; (4) the uses do not entail visits to the Lot by employees or the public in quantities that materially increase the number of vehicles parked on the Street; and (5) the uses do not interfere oy use and enjoyment of neighboring Lots. O S. Each Resident of the Property will avoid doing or permitting anything to be donge unreasonably interfere with the television, radio, telephonic, electronic, microwave, cabl \3 ellite reception on the Property. Antennas, satellite or microwave dishes, and receivi mitting towers that are visible from a Street or from another Lot are prohibited withi ‘operty, and shall be located inside the Structure (such as in an attic or garage).

Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 17 of 48 Doc-30827 The Owner of each Lot and/or Residence hereby waives all rights, federal or other, for operating or maintaining ham radio antennas within the Property unless the ham radio antenna is not visible from the Street or another Lot.

5.25.1 Limited Exceptions. The following are aed areas for attachment and/or mounting that will be allowed as exceptions going language in this section a. Attachment, log omfnounting in a fenced yard so long as it is not visible from a Streetpr, ther Lot; b, to or mounted on the rear wall of a Structure below the eaves, on the yt idence or in a tree, provided it is mounted in the most inconspicuous

o long as it is not visible from a Streetpr, ther Lot; b, to or mounted on the rear wall of a Structure below the eaves, on the yt idence or in a tree, provided it is mounted in the most inconspicuous location when viewed from the front of the Residence.

In the event a dispute arises with regard to the determination of the "most inconspicuous location” of any such mounted satellite dish, a majority of the Board of Directors shall determine the most inconspicuous location and such determination shall be final. No satellite dish in excess of twenty-five inches (25") shall be permitted on any Lot.

5.26. TEMPORARY STRUCTURES. Improvements or Structures of a temporary or mobile nature, such as tents, portable sheds, and mobile homes, may not be placed on a Lot if visible from a Street or another Lot. However, an Owner or Owner's contractor may maintain a temporary Structure (such as a portable toilet or construction trailer) on the Lot during construction of the Residential Dwelling.

5.27. VEHICLES. All vehicles on the Property, whether owned or operated by the Residents or. their families and guests, are subject to this Section and Rules adopted by the Board. The Board may adopt, amend, and repeal rules regulating the types, sizes, numbers, conditions, uses, appearances, and locations of vehicles on the Property. Without prior written Board approval, the following types of vehicles and vehicular equipment — mobile or otherwise —— may not be kept, parked, or stored anywhere on the Property if the vehicle is visible from a Street or from another Lot: mobile homes, motor homes, buses, trailers, boats, aircraft, inoperable vehicles, commercial truck cabs, trucks with tonnage over one

perty if the vehicle is visible from a Street or from another Lot: mobile homes, motor homes, buses, trailers, boats, aircraft, inoperable vehicles, commercial truck cabs, trucks with tonnage over one ton, vehicles with advertising signage, vehicles which are not customary personal passenger vehicles, and any vehicle which the Board deems to be a nuisance, unsightly, or inappropriate. This restriction includes overnight parking on Streets, driveways, and alleys. This restriction does not apply to vehicles and equipment temporarily on the Property in connection. with the construction or maintenance of a Residential Dwelling. Vehicles that transport inf] ry, bio-hazardous or explosive cargo are prohibited from the Property at all times. T tion may effect the removal of any vehicle in violation of this Section or the Rules wit N! ity to the Owner or operator of the vehicle. All vehicles parked on any Lot within the viey o, all be in good operating condition, shall have current license plates, inspection stickers an ions and shall be in daily use as motor vehicles on the Streets and highways of the State < Cy Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 18 of 48 Doc-30827 5.28. CONSTRUCTION RESTRICTIONS AND PROHIBITED USES. The ACC's prior written approval for any variance and/or improvements constructed on every Lot must have the characteristics described herein, which may be treated as the minimum requirements for improving and using a Lot. The ACC and the Board may promulgate additional rules and restrictions, as well as interpretations, additions, and specifications of the restrictions contained in this Article.

s Lot and/or Residential dwelling.

An Owner should review the eee » ectural restrictions before planning e

interpretations, additions, and specifications of the restrictions contained in this Article.

s Lot and/or Residential dwelling.

An Owner should review the eee » ectural restrictions before planning e improvements, repairs, renovations or rep]ac The following restrictions and iC fuses shall be strictly followed and enforced: 5.28.1 Note welling, shop, trailer or mobile home of any kind or any improvement ray character (except children's playhouses, dog houses, greenhouses, g os and buildings for storage of lawn maintenance equipment) shall be permitted on any Lot except that the Builder or contractor may have temporary improvements (such as a sales office and/or construction trailer) on a given Lot during construction of the Residence on that Lot or on a different Lot as agreed to between the Builder or contractor and the Declarant. No building material of any kind or character shall be placed or stored upon the Property until the Owner thereof is ready to commence construction of improvements, and then such material shall be placed within the property lines of the Lot upon which the improvements are to be erected.

5.28.2 No Lot or other area on the Property shall be used as a dumping ground for mbbish or a site for the accumulation of unsightly materials of any kind, including, without limitation, broken or rusty equipment, disassembled or inoperative cars, other vehicles or discarded appliances, furniture and/or grass clippings. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or other disposal of such material shall be kept in clean and sanitary condition. Materials incident to construction of improvements may be stored on Lots

cinerators or other equipment for the storage or other disposal of such material shall be kept in clean and sanitary condition. Materials incident to construction of improvements may be stored on Lots during construction so long as construction progresses without undue delay.

5.28.3 No air-conditioning apparatus shall be installed on the ground in front of a Residence or on the side of the Residence in view of any public Street. No air- conditioning apparatus shall be attached to any front wall or window of a Residence, and no evaporative cooler shall be installed on the front wall or wjndow of a Residence. All air-conditioning equipment must be installed in the xo or on the side yard. If it is placed on a side yard and faces the Street, it ‘ey ened. Solar panels installed on the Residence or Lot is allowed only if notXisi om the Street or any other Lot.

* * 5.28.4 No Lotori io thereon shall be used for commercial or manufacturing purposes of any KN than a small home office. No noxious or offensive activity shall be n the Property, nor shall anything be done which is or may become an ance or nuisance to the neighborhood. Nothing in this subparagraph shall prohibit Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 19 of 48 Doc-30827 5.28.5 5.28.6 3.28.7 5.28.8 5.28.9 a Builder's use of a Residence as a sales office until such Builder's last residence on the Property is sold. Nothing in this subparagraph shall prohibit an Owner's use of a Residence for quiet, inoffensive activities such as a small home office, tutoring or giving lessons such as art or music, so long as such activities do not materially increase the number of cars parked on the Street or interfere with the other Owners’ reasonable use and enjoyment of their Lots and Resi

h as art or music, so long as such activities do not materially increase the number of cars parked on the Street or interfere with the other Owners’ reasonable use and enjoyment of their Lots and Resi No fence, wall, hedge or g which obstructs sight lines at elevations between three feet (3') and six fi ") above the Street shall be placed or permitted to remain on any corner Lop tyi triangular area formed by the Street right-of-way lines and a line conne: m at points ten feet (10') from the intersection of the Street right-ofway ki , In the case of a rounded property comer, from the intersection of the Street “way lines as extended. The same sight-line limitations shall apply on any Lot within ten (10) feet from the intersection of a Street right-of-way line with the edge ofa private driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.

No garage, garage house, or Structure of a temporary character, such as a trailer, tent, shack, barn or other out-building shall be occupied by any Owner, tenant or other person prior to the erection of a Residence or used on the Property at any time as a dwelling house; provided, however, that any Builder may maintain and occupy model homes, sales offices and construction trailers during the construction period and sales periods.

Except for children's playhouses, dog houses, greenhouses, gazebos and buildings for storage of lawn maintenance equipment, no building previously constructed elsewhere shall be moved onto any Lot, it being the intention that only new construction be placed and erected thereon.

gs for storage of lawn maintenance equipment, no building previously constructed elsewhere shall be moved onto any Lot, it being the intention that only new construction be placed and erected thereon.

No sign of any kind shall be displayed to the public view on any Lot, except one (1) professional security service sign of not more than one square foot, one (1) sign of not more than five square feet advertising the property for rent or sale and one open house, political signs during election periods only as permitted by the City, or signs used by a Builder to advertise the property during the construction and sales period, each of which shall, in any event, comply with all statues, laws or ordinances governing same. The Board of Directors or its agents shall h sf: right to remove any sign, billboard or other advertising structure that doe: ow ith the above, and in so doing shall not be subject to any liability forgregpa: otherwise in connection with such removal.

* The drying of xcs | public view is prohibited. The Owners and Residents of any Lots at the i XS ions of Streets or adjacent to parks, playgrounds or other facilities yard is visible to full public view shall construct a fence or other suitable to screen from public view the equipment and other items which are incident wh 1 Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 20 of 48 Doc-30827 to normal Residences, such as clothes drying equipment, yard equipment, wood piles, storage piles and the like.

5.28.10 No Owner shall perform, fail to perform or permit anything to be done or not done on his Lot, which would violate any laws, statytes, ordinances or regulations of any kind or character. S mining Hperenions of, d shall be permitted in or on the Property, (other than by

e or not done on his Lot, which would violate any laws, statytes, ordinances or regulations of any kind or character. S mining Hperenions of, d shall be permitted in or on the Property, (other than by 5.28.11 No oil drilling, oil cram oil refining, quarrying, water well drilling or Declarant), wells, water wells, tanks (including propane tanks), tunnels, mineral ¢ or shafts be permitted upon or in any part of the Property (other than ) No derrick or other structure designed for using in quarrying or boring for o¥ Aatural gas or other minerals shall be erected, maintained or permitted on the 5.28.12 No Lot or Common Area may be used in any way that: (1) may reasonably be considered a public nuisance and/or a disturbance of the peace; (2) may be calculated to reduce the desirability of the Property as a residential neighborhood; (3) may endanger the health or safety of Residents of other Lots; (4) may result in the cancellation of insurance on the Property; or (5) violates any law. The Board has the sole authority to determine what constitutes an annoyance.

5.28.13 In the event these restrictions differ from the City of Burleson requirements, the more restrictive shall prevail.

ARTICLE 6 ASSOCIATION AND MEMBERSHIP RIGHTS 6.1. THE BOARD. Unless the Governing Documents expressly reserve a right, action, or decision to the Owners, Declarant, or another party, the Board acts in all instances on behalf of the Association. Unless the context indicates otherwise, references in the Governing Documents to the "Association" may be construed to mean "the Association acting through its Board of Directors."

6.2. THE ASSOCIATION. The duties and powers of the Association are those set forth in the

cuments to the "Association" may be construed to mean "the Association acting through its Board of Directors."

6.2. THE ASSOCIATION. The duties and powers of the Association are those set forth in the Governing Documents, together with the general and implied powers of a property owners association and a nonprofit corporation organized under the law ae the State of Texas. Generally, the Association may do any and all things that are lawful and oe desirable in operating for the peace, health, comfort, and general benefit of its Members, nly to the limitations on the exercise of such powers as stated in the Governing orenicoes a comes into existence on the earlier of (1) issuance of its corporate charter of (2) f Assessments against the Lots and Owners. The Association will continue to exist at le as the Declaration is effective against the Property, regardless of whether its NY WO! ses wee time to time.

Declaration of “se Conditions & Restrictions For Bluebird Meadows West Page 21 of 48 Doc-30827 EVERY OWNER OF A BLUEBIRD MEADOWS WEST LOT AUTOMATICALLY JOINS A MANDATORY MEMBERSHIP ASSOCIATION.

6.3. GOVERNANCE. The Association will be govemed by Board of elected ! Directors.

Unless the Association's Bylaws or Articles of “Os provide otherwise, the Board will consist of at least 3 persons elected at the annual meeting o \ eee or at a special meeting called for that purpose. The Association will be “ne rdance with the Bylaws. Unless the Governing Documents provide otherwise, any agti g approval of the Members may be approved in writing by Owners of at least a Majori wo ‘ or at a meeting by Owners of at least a Majority of the Lots that are represented at the nah 6.4. yy QQ Each Owner and each successive Owner is automatically and mandatorily

of at least a Majori wo ‘ or at a meeting by Owners of at least a Majority of the Lots that are represented at the nah 6.4. yy QQ Each Owner and each successive Owner is automatically and mandatorily a Member of the ciation, Ownership of a Lot being the sole qualification for Membership. Membership is appurtenant to and may not be separated from Ownership of the Lot. The Board may require satisfactory evidence of transfer of Ownership before a purported Owner is entitled to vote at meetings of the Association. If a Lot is owned by more than one person or entity, each co-Owner is a Member of the Association and may exercise the Membership rights appurtenant to the Lot. A Member who sells his Lot under a contract for deed may delegate his Membership rights to the contract purchaser, provided a written assignment is delivered to the Board. However, the contract seller remains liable for all assessments attributable to his Lot until fee title to the Lot is transferred.

6.5. CLASSES OF MEMBERSHIP AND VOTING. One vote is appurtenant to each Lot. The total number of votes equals the total number of Lots in the Property. Each vote is uniform and equal to the vote appurtenant to every other Lot, except during the Development Period as permitted in “EXHIBIT B".

Cumulative voting is not allowed.

Votes may be cast by written proxy, according to the requirements of the Association's Bylaws.

The Association shall have two (2) classes of voting membership: 6.5.1. Class A. Class A Members shall be all Members with the exception of Declarant. Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership; provided, however, that in the event that more than one (1)

eption of Declarant. Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership; provided, however, that in the event that more than one (1) person holds such interest or interests in any Lot, even though all such persons shall be Members, there shall be only one (1) vote for such Lot, which shall be exercised as they, \ cow * I Election by the members is the ulti Ca. Declarant. Notwithstanding, during the Development Period and/or Declarant Control Period, the Board of Directors may iWMed/elected as set forth in the provisions of this Declaration, which cover and stipulate the nghts of the Declarant during the, wn ¢ periods.

Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 22 of 48 Doc-30827 among themselves, determine (but in no event shall more than one (1) vote be cast with Tespect to any such Lot).

6.5.2. Class B. The Class B Member(s) shall be the Declarant. Until such time as the Declarant has sold all of the Lots in the Property, lass B Member shall have the sole right to elect the Board of Directors of the i Control of the Association shall only be vested in the Owners after co o¥ transfer to Class A Members of title to all of the Lots in the Property. Pah" t shall have four (4) votes for each Lot it owns.

Carers. The one vote appurtenant to a Lot is not divisible: If only one of the multiple co- a Lot is present at a meeting of the Association, that person may cast the the co-Owners' un ous agreement. Co- Owners are in unanimous agreement if one of the co-Owners casts the vote by ballot or proxy by the other co-Owners. If the person presiding over the meeting or

ith the co-Owners' un ous agreement. Co- Owners are in unanimous agreement if one of the co-Owners casts the vote by ballot or proxy by the other co-Owners. If the person presiding over the meeting or balloting receives evidence that the co-Owners disagree on how the one appurtenant vote will be cast, the vote will not be counted.

6.6.

6.7. BOOKS & RECORDS. The Association will maintain copies of the Governing Documents and the Association's books, records, and financial statements. Books and records of the Association will be made available for inspection and copying pursuant to Section 22.351 of the Texas Business Organizations Code.

6.8. INDEMNIFICATION. The Association indemnifies every officer, director, and committee member (for purposes of the Section, “Leaders") against expenses, including attorney's fees, reasonably incurred by or imposed on the Leader in connection with an action, suit, or proceeding to which the Leader is a party by reason of being or having been a Leader. A Leader is not liable for a mistake of judgment, negligent or otherwise. This right to indemnification does not exclude any other rights to which present or former Leaders may be entitled. The Association may maintain general liability and directors and officer's liability insurance to fund this obligation.

6.9. OBLIGATIONS OF OWNERS. Without limiting the obligations of Owners under the Governing Documents, each Owner has the following obligations: 6.9.1. Information. Within 30 days after acquiring an interest in a Lot, within 30 days after the Owner has notice of a change in any infogmation required by this Subsection, and on request by the Association from time oN: an Owner will provide the Association with the following information: (17a the recorded deed by which Owner has title to

on required by this Subsection, and on request by the Association from time oN: an Owner will provide the Association with the following information: (17a the recorded deed by which Owner has title to the Lot; (2) the Owner's eS8*phone number, and driver's license number, if any; (3) any mortgagee's,n ess, and loan number; (4) the name and phone number of any Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 23 of 48 Doc-30827 6.9.2. Pay Assessments. Each Owner will pay Assessments properly levied by the Association against the Owner or his Lot, and will pay regular Assessments without demand by the Association.

6.9.3. Comply. Each Owner will comply with the Governing Documents as amended or restated from time to time.

willful misconduct of, Owner, a Resident of the Owner's Lot, or the Owner or Resident's fai KON ~tmployees, contractors, agents, or invitees.

iabilj GA is liable to the Association for violations of the Governing ents by the Owner, a Resident of the Owner's Lot, or the Owner or Resident's ly, guest, employees, agents of invitees, and for cost incurred by the Association to obtain compliance, including attorney's fees whether or not suit is filed.

6.9.4. Reimburse, Each Owner \: a damage to the Property caused by the negligence or 6.10. TRANSFER-RELATED FEES. A number of independent fees may be charged in relation to the transfer of title to a Lot, including but not limited to fees for resale certificates, estoppel certificates, copies of the Governing Documents, compliance inspections, ownership record changes, and priority processing, provided the fees are customary in amount, kind, and number for the local marketplace. Transfer-related fees are not refundable and may not be regarded as a prepayment of or

, and priority processing, provided the fees are customary in amount, kind, and number for the local marketplace. Transfer-related fees are not refundable and may not be regarded as a prepayment of or credit against regular or special Assessments. Transfer-related fees do not apply to the following transfers unless a party to the transfer request the corresponding documentation: (1) foreclosure of a deed of trust lien, tax lien, or the Association's Assessment lien; (2) transfer to, from, or by the Association; (3) voluntary transfer by an Owner to one or more co-Owners, or to the Owner's spouse, child, or parent.

Transfer-related fees may be charged by the Association or by the Association's Managing Agent, provided there is no duplication of fees. Transfer-related fees charged by or paid to a Managing Agent must have the prior written approval of the Association, are not subject to the Association's Assessment lien, and are not payable by the Association. This Section does not obligate the Board or the managing agent to levy transfer-related fees.

ARTICLE 7 COVENANT FOR ASSESSMENTS 7.1, PURPOSES OF ASSESSMENTS. The Association will use Assessments for the general purposes of preserving and enhancing the Property, an: e common benefit of Owners and Residents, including but not limited to maintenance of r ofal property, management and operation of the Association, and any expense reasonably ¢la e purposes for which the Property was developed. If made in good faith, the Board's decistery respect to the use of Assessments is final.

* 7.2, PERSON. Ctrion. An Owner is obligated to pay Assessments levied by the Board against the 1$ Lot. An Owner makes payment to the Association at its principal office or

se of Assessments is final.

* 7.2, PERSON. Ctrion. An Owner is obligated to pay Assessments levied by the Board against the 1$ Lot. An Owner makes payment to the Association at its principal office or at any other plac ard directs. Payments must be in full regardless of whether an Owner has a dispute Declaration of Covenants, Conditions & Restrictions | For Bluebird Meadows West Page 24 of 48 Doc-30827 with the Board, ACC or with the Association, 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 Area or by abandonment of his Lot. 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 Assessment is both a continuing affirmative covenant personal to the Owner and a continuing covenant running with the Lg ASSESSMENTS TO THE ASS® 7.3. qt FOR ASSESSMENT INCREASES. Until January 1 of the year immediately folloWeig the conveyance of the first Lot to any Owner, the maximum annual Assessment shall be Two Hundred and No/100 Dollars ($200.00) per Lot. Thereafter the Board may increase the maintenance Assessment annually to meet the anticipated needs of the appropriate budget, but the maintenance Assessment may not be increased in any year by an amount in excess of twenty percent (20%) above the previous year's maintenance Assessment, unless such increase is approved by a Majority vote of those Members of the Association present at a meeting, in person or by proxy, where a quorum exists.

IF YOU OWN A BLUEEEN WEST LOT, YOU MUST PAY 7.4. TYPE OF ASSESSMENTS. There are 3 types of Assessments: regular, special, and individual.

nt at a meeting, in person or by proxy, where a quorum exists.

IF YOU OWN A BLUEEEN WEST LOT, YOU MUST PAY 7.4. TYPE OF ASSESSMENTS. There are 3 types of Assessments: regular, special, and individual.

7.4.1. Regular Assessments. Regular Assessments are based on the annual budget. Each Lot is liable for its equal share of the annual budget. If the Board does not approve an annual budget or fails to determine new regular Assessments for any year, or delays in doing so, Owners will continue to pay the regular Assessments as last determined. Regular Assessments are used for common expenses related to the reoccurring, periodic, and anticipated responsibilities of the Association, including but not limited to: Maintenance, repair, and replacement, as necessary, of the Common Area.

Utilities billed to the Association.

Services billed to the Association and serving all Lots.

Taxes on property owned by the Association and the Association's income taxes.

€. eae legal, ting, auditing, and professional fees for Coe ee f. Costs o ssociatlon, such as telephone, postage, office a GE: expenses, and educational opportunities of s ARDoCIntIOn aos oo um and deductibles on insurance policies and bonds deemed by the Board to be necessary or desirable for the benefit of the Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 25 of 48 Doc-30827 Association, including fidelity bonds and directors and officers liability insurance.

h. Contributions to the reserve funds.

Any other expense which the Association is required by law or the Governing Documents to Or or which in the opinion of the Board is necessary or mo operation and maintenance of the Property or for entare EY Do ren Documents.

the Association is required by law or the Governing Documents to Or or which in the opinion of the Board is necessary or mo operation and maintenance of the Property or for entare EY Do ren Documents.

7.4.2. Special Assessment Ge dition to regular Assessments, and subject to the Owners’ 7.4.3.

control for against increases, the Board may levy one or more special Assessments r the purpose of defraying, in whole or in part, common expenses not ni y the annual budget or reserve funds. Special Assessments do not require the Sas of the Owners, except that special Assessments for the purposes provided hereafter must be approved by Owners of least a Majority vote of those Members of the Association present at a meeting, in person or by proxy, at which a quorum exists. At least fifteen (15) days prior to any meeting of the Association called to consider any special Assessment, the Board shall notify each Owner thereof by written notice specifying the total amount of the special Assessment required, the amount thereof imposed on each Lot (which shall be uniform), the purpose for such special Assessment, and the time and method of payment thereof. Special Assessments for the following purposes shall require approval under the terms set forth in this provision: a. Acquisition of real property, other than the purchase of a Lot at the sale foreclosing the Association's lien against the Lot; b. Construction of additional improvements within the Property; c. Any expenditure that may reasonably be expected to significantly increase the Association's responsibility and financial obligation for operations, insurance, maintenance, repairs, or replacement.

Individual Assessments. In addition to regular and special Assessments, the Board may

ciation's responsibility and financial obligation for operations, insurance, maintenance, repairs, or replacement.

Individual Assessments. In addition to regular and special Assessments, the Board may levy an individual Assessment against a Lot and its Owner. Individual Assessments may include, but are not limited to: interest, late charges, and collection costs on delinquent assessments; reimbursements for costs incurred in bringing an Owner or his Lot into compliance with the Governing Documents; fines for violations of the Governing Documents; insurance deductibles; tran: related fees and resale certificate fees; fees for estoppel letters and project_do Preimbursement for damage or waste caused by willful or negligent a xpenses that benefit fewer than all of the Lots, \: ing to benefit received; fees or charges levied against the which may be assess Association a 60 asis; and "pass through” expenses for services to Lots provided through the 10n and which are equitably paid by each Lot according to benefit rec “w Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 26 of 48 Doc-30827 7.5. BASIS & RATE OF ASSESSMENTS. The share of liability for common expenses allocated to each Lot is uniform for all Lots, regardless of a Lot's location or the value and size of the Lot or Residential Dwelling, but subject to lower rates of Assessment for vacant Lots. The rates of Assessment are as follows: 7,5.1. Improved Lot. A Lot that has been im d with a Residential Dwelling for which the City has issued the initial certi oO} ancy will at all times thereafter be assessed at the full rate. \ 7.5.2. Lots Owned byD liable for . Notwithstanding preceding subsection, Declarant shall not be ts for any Lots that it owns. Declarant may, but shall have no

hereafter be assessed at the full rate. \ 7.5.2. Lots Owned byD liable for . Notwithstanding preceding subsection, Declarant shall not be ts for any Lots that it owns. Declarant may, but shall have no ob]j bsidize the Association from time to time. In the event Declarant decides ast: the Association and any shortfall in the operating budget of the Association is due in part to the failure of the Association to collect delinquent Assessments, then the Association shall immediately and vigorously pursue collection of such delinquent Assessments through foreclosure, if necessary, and shall reimburse the Declarant the amounts, if any, so collected during the Development Period. Declarant is subject to the assessment exemption in "EXHIBIT B".

7.6. 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 expenses for the year, contributions to reserve funds, and a projection for uncollected receivables.

7.7. DUE DATE. The Board may levy regular Assessments on any periodic basis — annually, semi-annually, quarterly, or monthly. Regular Assessments are due on the first day of the period for which levied. 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 Assessment is given. Assessments are delinquent if not received by the Association on or before the due date.

7.8. ASSOCIATION'S RIGHT TO BORROW MONEY. The Association is granted the right to borrow money, subject to the consent of Owners of at least a Majority of Lots and the ability of the Association to repay the borrowed funds from Assessments. To assist its ability to borrow, the Association

money, subject to the consent of Owners of at least a Majority of Lots and the ability of the Association to repay the borrowed funds from Assessments. To assist its ability to borrow, the Association is granted the right to encumber, mortgage, pledge, or deed in trust any of its real or personal property, and the right to assign its right to future income, as security for money borrowed or debts incurred, provided that the rights of the lender in the pledged property are subordinate and inferior to the rights of the Owners hereunder. SJ 7.9. ASSESSMENT LIEN. aN er, by accepting an interest in or title to a Lot, whether or not it is so expressed in the instru conveyance, covenants and agrees to pay Assessments to the Association. Each Assessmeptgs e on the Lot and is secured by a continuing lien on the Lot. Each Owner and each prospectj r is placed on notice that his title may be subject to the continuing lien for Assessments eto:> a period prior to the date he purchased his Lot.

Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 27 of 48 Doc-30827 7.9.1. Superiority of Assessment Lien. The Assessment lien is superior to all other liens and encumbrances on a Lot, 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 Residential Dwelling, and (4) a first or senior purchase money vendor's lien or deed of trust lien recorded before the n which the delinquent Assessment became due. CG° 7.9.2. Effect of Foreclosure closure of a superior lien extinguishes the Association's claim

y vendor's lien or deed of trust lien recorded before the n which the delinquent Assessment became due. CG° 7.9.2. Effect of Foreclosure closure of a superior lien extinguishes the Association's claim against the Loteft Assessments that became due before the sale, but does not extinguish ciation's claim against the former Owner. The purchaser at the forgc ate is liable for Assessments coming due from and after the date of the sale, d e¢ Owner's pro rata shares of the pre-foreclosure deficiency as an Association expense.

7.9.3. Perfection of Lien. The Association's lien for Assessments is created by recordation of this Declaration, which constitutes record notice and perfection of the lien. No other recordation of a lien or notice of lien is required. However, the Association, at its option, may cause a notice of the lien to be recorded in the County’s Real Property Records.

7.9.4. Power of Sale. By accepting an interest in or title to a Lot each Owner grants to the Association a private power of nonjudicial sale in connection with the Association's Assessment lien. The board may appoint, from time to time, any person, including an officer, agent, trustee, substitute trustee, or attomey, to exercise the Association's lien rights on behalf of the Association, including the power of sale. The appomtment must be in writing and may be in the form of a resolution recorded in the minutes of a Board meeting.

7.9.5, Foreclosure of Lien. The Assessment lien may be enforced by judicial or nonjudicial foreclosure. A nonjudicial foreclosure must be conducted in accordance with the provisions applicable to the exercise of powers of sale as set forth in Section 51.002 of the Texas Property Code, or in any manner permitted by law. In any foreclosure, the

ted in accordance with the provisions applicable to the exercise of powers of sale as set forth in Section 51.002 of the Texas Property Code, or in any manner permitted by law. In any foreclosure, the Owner is required to pay the Association's costs and expenses for the proceedings, including reasonable attorneys’ fees. The Association has the power to bid on the Lot at foreclosure sale and to acquire, hold, lease, mortgage, and convey same.

7.10. LIMITATIONS OF INTERE or DWaion and its officers, directors, managers, and attorneys, intend to conform stric ¢ Jie applicable usury laws of the State of Texas.

Notwithstanding anything to the c jn the Governing Documents or any other document or agreement executed or aaah tion with the Association's collection of Assessments, the Association will not in a AL entitled to receive or collect, as interest, a sum greater than the maximum amount coe applicable law. If from any circumstances whatsoever, the Association ever receives, cot) rt applies as interest a sum in excess of the maximum rate permitted by law, the Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 28 of 48 Doc-30827 excess amount will be applied to the reduction of unpaid special and regular Assessments, or reimbursed to the Owner if those Assessments are paid in full.

7.11. CITY'S RIGHT TO ASSUME ASSOCIATION ASSESSMENT POWERS. In the event that the Association fails in its obligations hereunder to collect Assessments for maintenance of, or fails to maintain the Common Areas or easements as required§under this Declaration or under the City’s subdivision ordinance or other applicable ordinance ~s any and all drainage easements granted herein), the City may assume the rights of t QO) ion hereunder to levy assessments and liens on

the City’s subdivision ordinance or other applicable ordinance ~s any and all drainage easements granted herein), the City may assume the rights of t QO) ion hereunder to levy assessments and liens on the Association, the Owners, and/or Lot inthe Subdivision, and to maintain the Common Areas and easements, as may be required Ge e compliance with these Governing Documents and City ordinances. The City shall <: e right to inspect the books and records of the Association and to require additional sec d it find that the Association does not have adequate funds to maintain the Common mee easements granted herein. Notwithstanding anything herein to the contrary, the City’s rights in This paragraph 7.11 shall not be abrogated, deleted, or amended without prior written agreement from the City. THE ASSOCIATION SHALL PAY TO, AND INDEMNIFY, AND HOLD HARMLESS THE CITY AGAINST ALL COSTS, AND EXPENSES, SUITS, DEMANDS, LIABILITIES, OR DAMAGES, INCLUDING ATTORNEY’S FEES AND COSTS OF SUIT, INCURRED BY THE CITY IN CONNECTION WITH THE CITY'S REMOVAL OR MAINTENANCE OF THE COMMON AREAS AND EASEMENTS PURSUANT TO THIS SECTION TAL.

ARTICLE 8 EFFECT OF NONPAYMENT OF ASSESSMENTS AND VIOLATION OF THE DOCUMENTS 8.1. COLLECTING DELINQUENT ASSESSMENTS. An Assessment is delinquent if the Association does not receive payment in full by the Assessment's due date. The Association, acting through its Board, is responsible for taking action to collect delinquent Assessments. Neither the Board nor the Association, however, is able 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 tights and remedies, which the Association has:

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 tights and remedies, which the Association has: 8.1.1. Interest. Delinquent Assessments are subject to interest from the due date until paid, at a tate to be determined by the Board from time to time, not to exceed the lesser of 18 percent or the maximum permitted by law. If the Board fails to establish a rate, the rate is 12 percent per annum.

8.1.2. Late Fees. Delinquent segs to reasonable late fees, at a rate to be determined by the Board CG 8.1.3. Costs of causa Drner of a Lot against which Assessments are delinquent is liable to the Asso reimbursement of reasonable costs incurred by the Association to collect quent Assessments, including attorney's fees and processing fees paid by cae for the collection thereof.

Declaration of we Conditions & Restrictions For Bluebird Meadows West Page 29 of 48 Doc-30827 8.1.5.

8.2.

Acceleration. If an Owner defaults in paying an Assessment that is payable in installments, the Association may accelerate the remaining installments on 10 days' written notice to the defaulting Owner.

Suspension of Use and Vote. If an Owner's account has been delinquent for at least 30 days, the Association may suspend the righ@of Owners and residents to use Common Areas and common services during the pgs linquency. The Association may also suspend the right to vote appurte t ot. Suspension does not constitute a waiver or discharge of the one 1on to pay Assessments.

Money Jud. » Association may file suit seeking a money judgment against an Owner Sy t in the payment of Assessments, without foreclosing or waiving the 19 s lien for Assessments.

n to pay Assessments.

Money Jud. » Association may file suit seeking a money judgment against an Owner Sy t in the payment of Assessments, without foreclosing or waiving the 19 s lien for Assessments.

Foreclosure of Assessment Lien. As provided by this Declaration, the Association may foreclose its lien against the Lot by judicial or nonjudicial means.

Application _of Payments.

application of payments. After the Association notifies the Owner of a delinquency, any payment received by the Association may be applied in the following order: individual Assessments, special Assessments, and (lastly) regular monthly Assessments. The Association may refuse to accept partial payments, i.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 Board'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 Lot's account.

ENFORCING THE DOCUMENTS. The remedies provided in this Section for breach of the Governing Documents are cumulative and not exclusive. In addition to other rights and remedies provided by the Governing Documents and by law, the Association has the following right to enforce the Governing Documents: 8.2.1.

Nuisance. The result of every act or omission that violates any provision of the Governing Documents is a nuisance, and any remedy allowed by law against a nuisance, either public or private, is applicable against the 50 . Fine. The Association may 00°: le charges, as an individual Assessment, against Oo

nuisance, and any remedy allowed by law against a nuisance, either public or private, is applicable against the 50 . Fine. The Association may 00°: le charges, as an individual Assessment, against Oo an Owner and his Loti if rt Resident, or the Owner or Resident's family, guests, employees, agents Nn violate a provision of the Governing Documents. Fines may be ON act 3 violation or for each day a violation continues, and does not constityt iver or discharge of the Owner's obligations under the Governing Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 30 of 48 Doc-30827 8.2.3. Suspension. The Association may suspend the right of Owners and Residents to use Common Areas (with the exception of Streets) for any period during which the Owner or Resident, or the Owner or Resident's family, guests, employees, agents, or contractors violate the Governing Documents. A suspension does not constitute a waiver or discharge of the Owner's obligations under the Governing Documents.

8.2.4. Self-Help. The Association ha : ter any part of the Property, including Lots, to abate or remove, using folke ay reasonably be necessary, any erection, thing, animal, person, vehi \: condition that violates the Governing Documents. In oard is not trespassing and is not liable for damages related to oard may levy its costs of abatement against the Lot and Owner as ssessment. Unless an emergency situation exists in the good faith opinion oard, the Board will give the violating Owner 15 days' notice of its intent to exercise self-help.

exercising thi 8.2.5. Suit. Failure to comply with the Governing Documents will be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or

elp.

exercising thi 8.2.5. Suit. Failure to comply with the Governing Documents will be grounds for an action to recover damages or for injunctive relief to cause any such violation to be remedied, or both. Prior to commencing any legal proceeding, the Association will give the defaulting party reasonable notice and an opportunity to cure the violation.

8.2.6. 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 Governing Documents. Failure by the Association or by any Owner to enforce a provision of the Governing Documents is not a waiver of the right to do so thereafter. If the Association does waive the right to enforce a provision, that waiver does not impair the Association's right to enforce any part of the Governing Documents at any future time.

8.2.7. No Liability. No officer, director, or member of the Association is liable to any Owner for the failure to enforce any of the Governing Documents at any time.

8.2.8. Recovery of Costs. The costs of curing or abating a violation are at the expense of the Owner or other person responsible for the violation. If legal assistance is obtained to enforce any provision of the Governing Documents, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement of the Governing Documents or the restraint of violations of the Governing Documents, the prevailing party is entitled to recover from the nonprevailing p easonable and necessary costs incurred by it in such action, including .& 's fees.

8.3. NOTICE AND sav efore levying a fine for violation of the Governing Documents (other than nonp ssessments), or before levying an individual Assessment for

it in such action, including .& 's fees.

8.3. NOTICE AND sav efore levying a fine for violation of the Governing Documents (other than nonp ssessments), or before levying an individual Assessment for property damage, the seach give the Owner written notice of the levy and an opportunity to be heard before the B 6) ssociation may also give a copy of the notice to the Resident. Pending the hearing, the Ast may continue to exercise its other rights and remedies for the violation, as if the Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 31 of 48 Doc-30827 declared violation were valid. The Owner's request for a hearing suspends only the levy of a fine or damage charge. The Owner may attend the hearing in person, or may be represented by another person or written communication. The Board may adopt additional procedures and requirements for notices and hearing.

ARTICLE 9 and/or replace as a common expense, s of the Property listed below, regardless of whether the portions are on Lots or Commoy CN a. on Areas.

Ayo real and personal property owned by the Association but which is not a Common Area, such as a Lot owned by the Association.

c. Any area, item, easement, or service — the maintenance of which is assigned to the Association by this Declaration or by the Plat.

9.2. OWNER RESPONSIBILITY. Every Owner has the following responsibilities and obligations for the maintenance, repair, and replacement of the Property: 9.2.1. House Maintenance. Each Owner, at the Owner's expense, must maintain all improvements on the Lot, including but not limited to the Residential Dwelling, fences, sidewalks, and driveways. Maintenance includes preventative maintenance, repair as

's expense, must maintain all improvements on the Lot, including but not limited to the Residential Dwelling, fences, sidewalks, and driveways. Maintenance includes preventative maintenance, repair as needed. Each Owner is expected to maintain his Lot's improvements at a level, to a standard, and with an appearance that is commensurate with the neighborhood.

Specifically, each Owner must repair and replace worn, rotten, deteriorated, and unattractive materials, and must regularly repaint all painted surfaces.

9.2.2, Yard Maintenance. Each Owner, at the Owner's expense, must maintain the yards on his Lot at a level, to a standard, and with an appearance that is commensurate with the neighborhood. Specifically, each Owner must: a. Maintain an attractive ground cover of lawn on all yards visible from a Street.

Edge the Street curbs at regular intervals.

Mow the lawns and grounds at regular intervals.

Prevent lawn weeds from exceeding 6 inches in height.

Not plant ve ens that are visible from a Street.

9.2.3. Responsible for Damage Owner is responsible for his own willful or negligent acts and those of hj Cty esident's family, guests, agents, employees, or contractors when those acts péReYsRate maintenance, repair, or replacement to the Common Areas or the pr OS ther Owner.

eo po s Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 32 of 48 Doc-30827 9.3. OWNER'S DEFAULT IN MAINTENANCE. If the Board determines that an Owner has failed to properly discharge his obligation to maintain, repair, and replace items from which the Owner is responsible, the Board may give the Owner written notice of the Association's intent to provide the necessary maintenance at Owner's expense. The notice must state, with reasonable particularity, the

responsible, the Board may give the Owner written notice of the Association's intent to provide the necessary maintenance at Owner's expense. The notice must state, with reasonable particularity, the maintenance deemed necessary and a reasonable period of time in which to complete the work. If the Owner fails or refuses to timely perform the mainte the Association may do so at the Owner's expense, which is an individual wy to pig tp er and his Lot. In case of an emergency, however, the Board's responsibility to giv © Written notice may be waived and the Board may take any action it deems necessary t ae or property, the cost of the action being the Owner's expense 9.4. Ke DEFAULT IN MAINTENANCE. The City shall have a right of access over the Comm and easements granted herein to perform the responsibilities of the Association and to reasonably Wbate any nuisances located thereon in the event that the Association fails to maintain said Common Areas or easements in accordance with the requirements of this Declaration, and the City may file a claim of lien against said Common Areas or easements in the Official Public Records of Johnson or Tarrant County as appropriate for all costs incurred by the City in performing such responsibilities or abatement. The City shall have the authority to avail itself of any other enforcement actions available to it pursuant to state law or City codes or regulations if the Association fails to maintain said Common Areas or easements in accordance with the requirements of this Declaration. THE ASSOCIATION AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY AND ALL COSTS, EXPENSES, SUITS, DEMANDS, LIABILITIES, DAMAGES, OR OTHERWISE, INCLUDING ATTORNEY'S FEES AND COSTS OF SUIT, INCONNECTION WITH THE CITY’S MAINTENANCE OF THE COMMON

CITY HARMLESS FROM ANY AND ALL COSTS, EXPENSES, SUITS, DEMANDS, LIABILITIES, DAMAGES, OR OTHERWISE, INCLUDING ATTORNEY'S FEES AND COSTS OF SUIT, INCONNECTION WITH THE CITY’S MAINTENANCE OF THE COMMON AREAS OR EASEMENTS PURSUANT TO THIS SECTION 9.4.

9.5. | SPECIAL FENCING. Declarant and/or the Association shall have the right, but not the obligation, to erect and/or install fences, walls and/or screening landscaping within (a) that portion of any Lot situated along the perimeter of the Addition(s), as shown on a Final Plat, or (b) on any portion of the Property not comprising any portion of a Lot or dedicated Street or alley. THE ASSOCIATION, AT ITS EXPENSE, SHALL BE OBLIGATED AND REQUIRED TO MAINTAIN, REPAIR AND/OR REPLACE SUCH FENCES, WALLS AND/OR SCREENING LANDSCAPING WITHIN (A) THAT PORTION OF ANY LOT SITUATED ALONG THE PERIMETER OF THE ADDITION ADJACENT TO A PUBLIC STREET, AS SHOWN ON A FINAL PLAT. IT SHALL BE THE OBLIGATION OF THE LOT OWNER TO MAINTAIN ANY SPECIAL FENCING INSTALLED BY DECLARANT THAT IS ADJACENT TO ANY PUBLIC PARK OR PRIVATE PROPERTY AND, THE ASSOCIATION SHALL HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO MAINSNPEPAIR AND/OR REPLACE THE SPECIAL FENCING INSTALLED BY DECLARANT, JACENT TO ANY PRIVATE OR PUBLIC PARK OR PRIVATE PROPERTY. \ * 9.6. SPECIALL plant and/or landscape an on any portion ‘AS Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 33 of 48 G. Declarant and/or the Association shall have the nght to grade, , repair, replace and/or change such grading, planting and landscaping not comprising any portion of a Lot or a dedicated Street or alley or on any Doc-30827 land dedicated to the City or on any portion of a Lot over which an easement has been reserved for the benefit of the Association.

y portion of a Lot or a dedicated Street or alley or on any Doc-30827 land dedicated to the City or on any portion of a Lot over which an easement has been reserved for the benefit of the Association.

9.7. DECLARANT'S DISCRETION. Notwithstanding any provisions herein to the contrary, the Declarant shall not be obligated to erect, install, maintain, repair or replace any fences, walls, sprinkler systems, grading, planting or landscaping on the Prope 9.8.

rights shall terminate and be of no fyrt years after the recording of this.D, iy: term hereof. SAP yo ARTICLE 10 INSURANCE QO? co of this Article 9 regarding Declarant's orce and effect from and after that date which is twenty (20) n. The rights of the Association shall continue throughout the 10.1. GENERAL PROVISIONS, The provisions of this Article, with which the Board will make every reasonable effort to comply, govern all insurance affecting the Property. The cost of insurance coverage and bonds maintained. by the Association is an expense of the Association. Insurance policies and bonds obtained and maintained by the Association must be issued by responsible insurance companies authorized to do business in the State of Texas. The Association must be the named insured on all policies obtained by the Association. Each Owner irrevocably appoints the Association, acting through its Board, as his trustee to negotiate, receive, administer, and distribute the proceeds of any claim against an insurance policy maintained by the Association. Additionally: 10.1.1. Notice of Cancellation or Modification. Each insurance policy maintained by the Association should contain a provision requiring the insurer to give at least 10 days’ prior written notice to the Board before the policy may be canceled, terminated, materially

icy maintained by the Association should contain a provision requiring the insurer to give at least 10 days’ prior written notice to the Board before the policy may be canceled, terminated, materially modified, or allowed to expire, by either the insurer or the insured.

10.1.2. Deductions. An insurance policy obtained by the Association may contain a reasonable deductible, which will be paid by the party who would be liable for the loss or repair in the absence of insurance. If a loss is due wholly or partly to an act or omission of an Owner or Resident or their invitees, the Owner must reimburse the Association for the amount of the deductible that is attributable to the act or omission, within the limits of the law of the State of Texas.

all — risk insurance for insurable Common ovements. If blanket all-risk insurance is not reasonably available, then the Assogayat obtain an insurance policy providing fire and extended coverage. Also, the Associatio heh) the improvements on any Lot owned by the Association.

10.2. PROPERTY. To the extent it is Be’ vailable, the Association will obtain blanket 10.3. GENE commercial genega ILITY. The Association shall make every effort to maintain a insurance policy over Common Areas—expressly excluding the liability of Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 34 of 48 Doc-30827 each Owner and Resident within his Lot — for bodily injury and property damage resulting from the operation, maintenance, or use of the Common Areas. 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 of other Owners.

es 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 of other Owners.

10.4. DIRECTOR & OFFICERS LIABILITY {To the extent it is reasonably available, the Association will maintain directors and officer’ ity insurance, errors and omissions insurance, indemnity bonds, or other insurance the, b advisable to insure the Association's directors, officers, committee members, and against liability for an act or omission in carrying out their duties in those capacities.

10.5, A iS: The Association may maintain any insurance policies and bonds deemed by the necessary or desirable for the benefit of the Association.

10.6. OQWNER'S RESPONSIBILITY FOR INSURANCE. Each Owner will obtain and maintain fire and extended coverage on all the improvements on his Lot, in an amount sufficient to cover 100 percent of the replacement cost of any repair or reconstruction in event of damage of destruction from any insured hazard. Further, each Owner will obtain and maintain general liability insurance on his Lot.

Each Owner and resident is solely responsible for insuring his personal property in his Residential Dwelling and on the Lot, including furnishings, vehicles, and stored items.

ARTICLE 11 AMENDMENTS 11.1. CONSENTS REQUIRED. As permitted by this Declaration, certain amendments of this Declaration may be executed by Declarant alone, or by the Board alone. Otherwise, Owners of at least a Majority of the Lots must approve amendments to this Declaration.

11.2. METHOD OF AMENDMENT. Except as provided in Article 12 below, at any time, the Owners may amend the Covenants, Conditions and Restrictions and/or any provision(s) set forth herein

is Declaration.

11.2. METHOD OF AMENDMENT. Except as provided in Article 12 below, at any time, the Owners may amend the Covenants, Conditions and Restrictions and/or any provision(s) set forth herein by executing an instrument containing such amendment(s) and recording same in the appropriate Property Records of the County; provided, however, that (i) for the period which the Declarant owns at least one Lot or easement no such amendment shall be valid or effective without the joinder and consent of Declarant and (ii) except as provided in Article 12 below, the procedure for such amendment shall first be approved by a 60 percent vote of the Association's Members.

11.3. TERMINATION. Except as prov eee 12 below, at any time, the Owners may terminate and extinguish these covenanaC Cc d Restrictions in their entirety by executing an instrument terminating such ot eNOS Cr. and Restrictions and recording same in the appropriate Property Records exe SON ca however, that (i) for the period in which the Declarant owns at least one (oh aan no such termination shall be valid or effective without the joinder and NY of mt, in except as provided in Article 12 below, the procedure for such Declaration of Covenants, vr. & Restrictions For Bluebird Meadows West Page 35 of 48 Doc-30827 amendment shall first be approved by at least 60 percent of the votes of the Association's Members, and (iii) no such termination shall be valid or effective without the written consent of the City.

11.4. CONDEMNATION. In any proceeding, negotiation, settlement, or agreement concerning condemnation of the Common Area, the Association will be the exclusive representative of the Owners. The Association may use condemnation procee repair and replace any damage or destruction

concerning condemnation of the Common Area, the Association will be the exclusive representative of the Owners. The Association may use condemnation procee repair and replace any damage or destruction of the Common Area, real or personal, caused by th Sion Any condemnation proceeds remaining after completion, or waiver, of the repair an€re re) mt will be deposited in the Association's reserve funds.

SAV or? ARTICLE 12 DECLARANT RIGHTS 12.1. adic DECLARANTS RIGHTS. Notwithstanding anything herein to the contrary (in the event of any provision herein is in contradiction to this Article 12, in whole or in part, this Article 12 shall prevail), so long as Declarant, its successors or assigns, owns at least one (1) Lot or easement, Declarant shall have the sole right, but not the obligation, in its sole discretion, at any time, effective as of the date hereof, to control, perform and/or conduct the following: 12.1.1. Appoint (including itself) and/or substitute at any time the Board of Directors.

12.1.2. Terminate any or all of the Board of Directors.

12.1.3. Amend the Covenants, Conditions and Restrictions and any other Provisions under this Declaration, in whole or in part, provided that no amendment related to maintenance of the Common Areas or easements shall be valid or effective without the written consent of the City.

12.1.4. Enforce the Covenants, Conditions and Restrictions and other provisions provided for under this Declaration.

12.1.5. Review, determine and enforce the architectural control of the Lots, including the right to appoint the panel of the ACC.

12.1.6. Appoint, enlist, hire and/or retain a property management company in behalf of the Association as well as the right to ate the services of any such management company at the Declarant's so

CC.

12.1.6. Appoint, enlist, hire and/or retain a property management company in behalf of the Association as well as the right to ate the services of any such management company at the Declarant's so 12.1.7. Assigns its a cy \ ations under this Declaration to any entity at any time, in whole or in 12.1.8 a iN » to approve or disapprove any and all Phases and/or Street right-ofwe either public or private, to the Property from adjacent land.

Declaration of Covenants, Ore & Restrictions For Bluebird Meadows West Page 36 of 48 Doc-30827 12.2. DECLARANT'S SOLE DISCRETION. Declarant's rights set forth above are absolute in its sole discretion and do not require the approval, consent, or joinder of (i) any Owner, (ii) the Association, (iii) the Board of Directors, or (iv) any committees or other parties which may be established with respect hereto. At such time as the Declarant no longer owns a Lot or easement within the Property, all of such rights of enforcement shall revert to the Board of Directors of the Association.

12.3. RIGHTS TO ANNEX. Declarant additional property to become a portion of the Property and thereafter be subject tg t rovisions and conditions of these Covenants, provided that so long as the Class B cet extiete: any such annexation by Declarant may require the prior approval of HUD or it may exercise such right by recording a Supplement to this Declaration in the Records county Texas subjecting such additional property to the terms and conditions here iV er er or approval shall be required or necessary for the Declarant to annex oY es into the Property for the purpose of subjecting it to the covenants. Any document subjectit® additional property to the Declaration may also impose additional restrictions not

Declarant to annex oY es into the Property for the purpose of subjecting it to the covenants. Any document subjectit® additional property to the Declaration may also impose additional restrictions not found in this Declaration upon such additional property. Upon the annexation and platting of any additional property as herein provided, each Lot described therein shall become a "Lot" for all purposes hereunder. Declarant reserves an exclusive right to control any and all future phases to BLUEBIRD MEADOWS WEST and such right shall survive the Declarant control period as set forth herein.

12.4. NODUTY TO ANNEX. Nothing herein contained shall establish any duty or obligation on the part of Declarant or any member to annex any property to this Declaration and no Owner of the property excluded from this Declaration shall have any right to have such property annexed thereto.

12.5. EFFECT OF ANNEXATION ON CLASS B MEMBERSHIP. In determining the number of Lots owned by Declarant for the purpose of Class B membership status the total number of Lots covered by this Declaration, including all Lots annexed thereto shall be considered. If Class B membership has previously lapsed but annexation of additional property restores the ratio of Lots owned by Declarant to the number required by Class B membership, such Class B membership shall be reinstated until it expires pursuant to the terms set forth in Section 6 and as may be found herein.

12.6. SPECIFIC DECLARANT RIGHTS TO AMEND DECLARATION. Declarant without joinder of the Board, the Association, or the other Owners may amend this Declaration to correct any errors or to cause the Declaration to be in compliance with any City or other governmental requirement

nder of the Board, the Association, or the other Owners may amend this Declaration to correct any errors or to cause the Declaration to be in compliance with any City or other governmental requirement (including any requirements imposed by the Federal Housing Administration, the Veterans Administration, the Department of Housing and Urban Affairs, the Federal Home Loan Mortgage Corporation, or the Government National Mortgage ition).

12.7. EASEMENT/ACCESS rate "ON reserves a general easement over all Streets, roads, rights of way, alleys and utilitys ance, landscaping, wall and other easements in the Property and over the balance of the ‘ea for access for the purpose of finishing development of the Property as a subdivision herwise reasonably necessary to affect Declarant's rights hereunder.

Such easements an all expire at such time that Declarant no longer owns a Lot.

Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 37 of 48 Doc-30827 12.8. ASSIGNMENT OF DECLARANT RIGHTS. Declarant may assign its rights to a successor Declarant hereunder by execution of a written document, recorded in Records of Johnson County, Texas specifically stating that Declarant has assigned its rights as such to a designated assignee and declaring such assignee to be the new "Declarant" hereunder.

12.9. DECLARANT'S RIGHT TO INST IMPROVEMENTS IN SETBACK AND OTHER AREAS. Declarant, in connection with de : of the Property and construction of homes thereon, reserves the right but shall ‘oh noffo to install or construct walls, fences, irrigation systems and other improvements No areas (being the area on, along and/or between the boundary line of a Lot and the ain ae lines applicable to such Lot). If Declarant exercises

lls, fences, irrigation systems and other improvements No areas (being the area on, along and/or between the boundary line of a Lot and the ain ae lines applicable to such Lot). If Declarant exercises such right in a setback are: wall, fence, irrigation system, or other improvement shall be the property of the Owner! Ae Lot(s) upon which or adjacent to these are located, and such Owner(s)shall maintain and re ayy s&ch improvement unless Declarant or the Association, by and through the Board, non-setback areas, then such wall, fence, irrigation system, or other improvement shall be the property of the Association. So long as it owns any Lot, Declarant shall have the right, but not the obligation, to maintain and repair any such non-setback area improvements; otherwise; the Association shall assume the maintenance and repair or it may abandon such improvements at its discretion. If the City requires the maintenance, repair, or removal of any such non-setback area improvements, the Association shall assume such responsibility at its expense. If the Association so abandons such non-setback area improvements or is properly dissolved, then the Owner(s) of the Lot(s) on or adjacent to which such improvements are located shall assume maintenance and repair at its expense.

12.10. REPLATTING OR MODIFICATION OF PLAT. From time to time, Declarant reserves the right to replat the Property or to amend or modify the Plat in order to assure a harmonious and orderly development of the Property as herein provided. Declarant may exercise such rights so long as it owns at least one Lot, in which case no joinder of any other Owner shall be required to give effect to such rights.

of the Property as herein provided. Declarant may exercise such rights so long as it owns at least one Lot, in which case no joinder of any other Owner shall be required to give effect to such rights.

By the acquisition of a Lot, each Owner acknowledges that he has read the Governing Documents and is advised of Declarant's right to replat the Property or to amend or modify the Plat, as Declarant deems necessary, and in Declarant's sole discretion. Moreover, each Owner further acknowledges, accepts and agrees that this right of Declarant is a benefit to each Owner and the Association. Each Owner, by acquisition of a Lot, consents to Declarant’s execution of any replat on behalf of the Owner and the Association. However, any such replatting or amendment of the Plat shall be with the purpose of efficiently and economically developing the Property for the purposes herein provided or for compliance with any applicable governmental regulation. Declarant's gights under this Section shall expire at such time Declarant no longer owns a Lot. oP?

12.11. LIMITATION OF ae LIABILITY. The Declarant shall not be responsible or liable for any deficit in the aeN ds. Declarant may, but is under no obligation to, subsidize any liabilities incurred by aoe ‘ a the Declarant may, but is not obligated to, lend funds to the Association to enable it t its expenses, provided the terms of such loans are on reasonable market conditions at oS i Declaration of _w Conditions & Restrictions For Bluebird Meadows West Page 38 of 48 Doc-30827 12.12. TERMINATION OF DECLARANT'S RESPONSIBILITIES. In consideration of Declarant's deficit funding of the Association, if any, upon the occurrence of any of the following events:

Doc-30827 12.12. TERMINATION OF DECLARANT'S RESPONSIBILITIES. In consideration of Declarant's deficit funding of the Association, if any, upon the occurrence of any of the following events: (i) conversion of Declarant's Class B membership status to Class A membership status; (ii) completion of any facilities in the Common Area by Declarant; or (iii) assignment of Declarant's rights hereunder pursuant to Section 12.8, then and in such event Declarant shail be fully released, relieved and forever discharged from any further duty or obligation to the jation or any of its Members as Declarant by reason of the terms and conditions of this Dec ing any amendments thereof or supplements thereto, save and except the duties xo ol hn any, of Declarant as a Class A Member by reason of Declarant's continued Ownership ¢ vi more Lots, but not otherwise. Further, and without regard to whether or not Declarant h i Oe from obligations and duties to the Association, so long as Declarant holds record tit least one (1) Lot and holds same for sale in the ordinary course of business, neither ion nor its Board, nor any Member of the Association shall take any action that will impair o ely affect the rights of the Declarant or cause the Declarant to suffer any financial, legal or other detriment, including but not limited to, any direct or indirect interference with the sale of Lots. In the event there is a breach of this Section, it is acknowledged that any monetary award, which may be available would be an insufficient remedy and therefore, in addition to all other remedies, the Declarant shall be entitled to injunctive relief restraining the Association, its Board or any member of the Association from further breach of this Section.

ARTICLE 13 GENERAL PROVISIONS

emedies, the Declarant shall be entitled to injunctive relief restraining the Association, its Board or any member of the Association from further breach of this Section.

ARTICLE 13 GENERAL PROVISIONS 13.1. COMPLIANCE. The Owners hereby covenant and agree that the administration of the Association will be in accordance with the provisions of the Governing Documents and applicable laws, regulations, and ordinances, as same may be amended from time to time, of any governmental or quasigovernmenital entity having jurisdiction over the Association or Property.

13.2. NOTICE, All demands or other notices required to be sent to an Owner or Resident by the terms of this Declaration may be sent by ordinary or certified mail, postage prepaid, to the party's last known address as it appears on the records of the Association at the time of mailing. If an Owner fails to give the Association an address from mailing notices, all notices may be sent to the Owner's Lot, and the Owner is deemed to have been given notice, whether or not he actually receives it.

13.3. LIBERAL CONSTRUCTION. The terms and provision of each Governing Document are to be liberally construed to give effect to the once and intent of the Governing Document. All doubts regarding a provision, including restrictions or alienability of property, will be resolved in favor of the operation of the TNO ement of the Governing Documents, regardless which party seeks enforcement.

* 13.4. SEVERABIL \ of any provision of this Declaration by judgment or court order does not affect any vision, which remains in full force and effect. The effect of a general statement is not li ¢ enumeration of specific matters similar to the general.

Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 39 of 48

ffect. The effect of a general statement is not li ¢ enumeration of specific matters similar to the general.

Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 39 of 48 Doc-30827 13.5. CAPTIONS. In all Governing Documents, 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. Boxed notices are inserted to alert the reader to certain provision and are not to be construed as defining or modifying the text.

13.6. EXHIBITS. The exhibits listed below ttached to this Declaration and incorporated herein by reference. Because "EXHIBIT B", of this Re n is destined to become obsolete, beginning 20 years after the date this Declaration is first ec his Declaration may be restated, re-recorded, or published without "EXHIBIT B”, pro other appendixes are not relettered. The automatic expiration and subsequent delgti XHIBIT_B", does not constitute an amendment of this Declaration. The Appendixe: NGS aration include include: a al Description of the Land Subject to the Declaration of Covenants, Conditions & Restrictions for BLUEBIRD MEADOWS WEST; Declarant Representations and Reservations; and a Acknowledgment by Acquisition 13.7. INTERPRETATION. Whenever used in the Governing Documents, unless the context provides otherwise, a reference to a gender includes all genders. Similarly, a reference to the singular includes the plural, the plural the singular, where the same would be appropriate.

13.8. DURATION. Unless terminated or amended by Owners as permitted herein, the provision of this Declaration run with and bind the Property, and will remain in effect perpetually to the extent permitted by law.

(End of Provisions) oot

r amended by Owners as permitted herein, the provision of this Declaration run with and bind the Property, and will remain in effect perpetually to the extent permitted by law.

(End of Provisions) oot Declaration of Covenants, Conditions & Restrictions For Bluebird Meadows West Page 40 of 48 Doc-30827 EXHIBIT "A" Legal Description of the Land (the Property) subject to Real Property included and subjgct KOhcing Declaration of Covenants, Conditions and Restrictions for BLUEBI I.

S, Burleson, JOHNSON County, Texas: BLUEB OWS PHASE 2, recorded in Cabinet , Drawer of the Plat Reco JOHNSON County, Texas; All Lots, developed now or in the future which are used for single-family residential use, located within the property designated as BLUEBIRD MEADOWS WEST, Burleson, Texas, as depicted in a preliminary Plat filed with the Plat Records of JOHNSON County, Texas; and Any other Lots, developed now or in the future for the purpose of single-family residential usage that are found within BLUEBIRD MEADOWS WEST, An Addition to the City of Burleson, JOHNSON County, Texas.

(End of “Exhibit A’) Doc-30827 EXHIBIT "B" DECLARANT REPRESENTATIONS & RESERVATIONS B.1. GENERAL PROVISIONS.

B.1.1.

B.1.2.

Introduction. Declarant intends the Declaration to be perpetual and understands that provisions pertaining to the initial d ent, construction, marketing, and control of the Property will become obgOfe n Declarant's role is complete. As a courtesy to future users of the BN’ “Who may be frustrated by then-obsolete terms, Declarant is compiling the, D; related provisions in this Appendix.

General yon & Construction. Notwithstanding other provisions of the Governing Re o the contrary, nothing contained therein may be construed to, nor may any

the, D; related provisions in this Appendix.

General yon & Construction. Notwithstanding other provisions of the Governing Re o the contrary, nothing contained therein may be construed to, nor may any agee, other Owner, or the Association, prevent or interfere with the rights contained in this Appendix, which Declarant hereby reserves exclusively unto itself and its successors and assigns. In case of conflict between this Appendix and any other Governing Document, this Appendix controls. The Appendix may not be amended without the prior written consent of Declarant. The terms and provisions of this Appendix must be construed liberally to give effect to Declarant's intent to protect Declarant's interests in the Property.

Purpose of Development and Declarant Control Periods. This Appendix gives Declarant certain rights during the Development Period and the Declarant Control Period to ensure a complete and orderly build out and sellout of the Property, which is ultimately for the benefit and protection of Owners and mortgages.

B.2. DECLARANT CONTROL PERIOD RESERVATION. Declarant reserves the following powers, rights and duties during the Declarant Control Period: B.2.1.

B.2.2.

B.2.3.

B.2.4.

B25.

Officers & Directors. During the Declarant Control Period, Declarant may appoint, remove and replace any officer or director of the Association, none of whom need be Members or Owners.

Declarant Assessments. During the Declarant Control Period, Lots owned by Declarant are not subject to Assessment.

Builder Assessments. During the eat cnet Period only, Declarant has the right but not the duty to reduce or wai sment obligation of a Builder, provided the agreement is in writing.

Expenses of een enses related to the completion and marketing of the Property

arant has the right but not the duty to reduce or wai sment obligation of a Builder, provided the agreement is in writing.

Expenses of een enses related to the completion and marketing of the Property will be paid t or by Builders and are not expenses of the Association.

Bu ol. During the Declarant Control Period, the rights of Owners to veto ent increases or special Assessments are not effective and may not be exercised.

Organizational Meeting. Within 90 Days after the end of the Declarant Control Period, or sooner at the Declarant's option, Declarant will call an organizational meeting of the Doc-30827 B.3.

Members of the Association for the purpose of electing, by vote of the Owners, directors to the Board. Written notice of the organizational meeting must be given to an Owner of each Lot at least 10 days before the meeting. For the organizational meeting, Owners of 10 percent of the Lots constitute a quorum.

Common Areas. At or prior to ema! the Declarant Control Period, Declarant will convey title to the Common e Association by deed — with or without warranty. At the time of orifesy , the Common Areas will be free of encumbrance except for the property A aetine for the year of conveyance. Declarant's conveyance of title is a mi AG. that does not require and is not subject to acceptance by the Association AN ers.

DEVELAN PERIOD RESERVATIONS. Declarant reserves the following easements and rights, exeMisable at Declarant's sole discretion, at any time during the Development Period: B.3.1.

B.3.3.

B.3.4.

Changes in Development Plan. Declarant may modify the initial development plan to respond to perceived or actual changes and opportunities in the marketplace. Subject to approval by the City, Declarant may (1) change the sizes, dimensions, and configurations

ial development plan to respond to perceived or actual changes and opportunities in the marketplace. Subject to approval by the City, Declarant may (1) change the sizes, dimensions, and configurations of Lots and Street; (2) change the minimum dwelling size, (3) change the building setback requirements; and (4) eliminate or modify any other feature of the Property.

Builder Limitations. Declarant may require its approval (which may not be unreasonably withheld) of all documents and materials used by a Builder in connection with the development and sale of Lots, including without limitation promotional materials; deed restrictions; forms for deeds, Lot sales and Lot closings. Without Declarant's prior written approval, a Builder may not use a sales office or model in the Property to market houses, Lots, or other product located outside the Property.

ACC. During the Development Period, Declarant has the absolute right to appoint the ACC, consisting of any number of persons who serve at the pleasure of Declarant, and who may be removed and replaced by Declarant. Notwithstanding the foregoing, during the Development Period — after termination of Declarant Control, or earlier if Declarant permits — the Board may appoint or serve as a "modifications committee" to respond exclusively to modifications of completed modifications committee may not involve itself with the approval of new homes on vacant Lots.

Amendment. During the Deve ied, Declarant may amend this Declaration and the other Governing Docymes, out consent of other Owners or any mortgagee, for the following ini * a. To NOR erty to the Property.

b. ey draw real property from the Property.

<5 create Lots, easements, and Common Areas within the Property.

d. To subdivide, combine or reconfigure Lots.

llowing ini * a. To NOR erty to the Property.

b. ey draw real property from the Property.

<5 create Lots, easements, and Common Areas within the Property.

d. To subdivide, combine or reconfigure Lots.

e. To convert Lots into Common Areas.

f. To modify the construction specifications of this Declaration.

Doc-30827 B.3.5.

g. To merge the Association with another property Owners association.

h. To comply with requirements of an underwriting lender.

1. To resolve conflicts, clarify ambiguities, and to correct misstatements, errors or omissions in the Governing Documents.

j- To enable any reputable title insurance company to issue title insurance coverage on the Lots.

k, To enable an institutj mmental lender to make or purchase mortgage loans og th& Las" 1. To change the or entity of Declarant.

m. To ch e of the addition in which the Property is located.

n. Fo er purpose, provided the amendment has no material adverse affect oo} right of any Owner.

Completion. During the Development Period, Declarant has (1) the right to complete or make improvements indicated on the Plat; (2) the right to sell or lease any Lot owned by Declarant; and (3) an easement and right to erect, construct, and maintain on and in the Common Area and Lots owned or leased by Declarant whatever Declarant determines to be necessary or advisable in connection with the construction, completion, management, maintenance, leasing and marketing of the Property.

Easement to Inspect & Right to Correct. During the Development Period, Declarant reserves for itself the right, but not the duty, to inspect, monitor, test, redesign, correct, and relocate any Structure, improvement, or condition that may exist on any portion of the Property, including the Lots, and a perpetual nonexclusive easement of access

nitor, test, redesign, correct, and relocate any Structure, improvement, or condition that may exist on any portion of the Property, including the Lots, and a perpetual nonexclusive easement of access throughout the Property to the extent reasonably necessary to exercise this right.

Declarant will promptly repair, at its sole expense, any damage resulting from the exercise of this right. By way of illustration but not limitation, relocation of a screening wall located on any Lot may be warranted by a change of circumstance, imprecise sitting of the original wall, 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.

Promotion. During the Development Period, Declarant reserves for itself an easement and right to place and relocate signs, banners, flags, display lighting, and seasonal landscaping on the Property, and to maintain models and sales offices for purposes of promoting, identifying, and marketing Property and/or Declarant's houses, Lots, developments or other products exis the Property. During the Development Period, Declarant also rese! right to permit Builders to place signs and promotional material on, Ce and (2) the right to exempt Builders from the sign restriction in this nm.

Access. » Development Period, Declarant has an easement and right of ingress a n and through the Property for purposes of constructing, maintaining, Se and marketing the Property and the additional land, and for discharging Declarant's obligations under this Declaration. Declarant also has the night to provide a reasonable means of access for the home-buying public through any existing or future Doc-30827 B.4.

B.3.9.

B.3.10.

B.3,11.

obligations under this Declaration. Declarant also has the night to provide a reasonable means of access for the home-buying public through any existing or future Doc-30827 B.4.

B.3.9.

B.3.10.

B.3,11.

gate that restricts vehicular access to the Property or to the additional land in connection with the active marketing of Lots and homes by Declarant or Builders, including the right to require that the gate be kept open during certain hours and/or on certain days. This provision may not be construed as an obligation or intent to gate the Property.

Utility Easements. During the Develop Period, Declarant may grant permits, licenses and easements over, in, on, under, gh the Property for utilities, roads and other purposes necessary for the p{p opment and operation of the Property. Declarant reserves the right to WON s in and additions to the easements on any Lot, as shown on the Plat, to gn ently or economically install utilities or other improvements.

Utilities m: , but are not limited to, water, sewer, fiber optic, trash removal, sy i , telephone, television and security.

fer Fees. During the Development Period, Declarant may not be required to pay transfer-related fees and/or resale certificate fees.

Agent for Declarant. From time to time, Declarant may invite, request or employ one of its affiliates and/or a property/association management company, as its agent, to share in the exercise of any, some, or all of its easements and rights, without any formality other than the consent of Declarant. Notwithstanding such sharing, Declarant’s agent will not become a successor Declarant, or assume the duties and liabilities of Declarant under this Declaration unless Declarant’s agent and Declarant join in an instrument that assigns and

nt’s agent will not become a successor Declarant, or assume the duties and liabilities of Declarant under this Declaration unless Declarant’s agent and Declarant join in an instrument that assigns and transfers Declarant rights and duties under this Declaration, signed and acknowledged by both Declarant and Declarant’s agent, and recorded in the County's Real Property Records.

SUCCESSOR DECLARANT. Declarant may designate one or more Successor Declarant's 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 JOHNSON 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 Declarant's.

(End of "Exhibit B’) \ cow sor yy Doc-30827 EXHIBIT C Acknowledgment by Acquisition By its acquisition and ownership of a Lot in the Property, each Owner acknowledges that: (a) due to the topography of its Lot and the Boe ater will, at times, flow through and over portions of its Lot from adjacent and surrounding er to achieve positive drainage away from all applicable Lots. No adverse action may Gere said Owner(s) to the detriment of this positive drainage on its or adjacent Lots.

(b) the property adjace Cae MEADOWS WEST is not owned or controlled by Declarant and it has =aee advised to consult with the applicable departments of the City for any

rainage on its or adjacent Lots.

(b) the property adjace Cae MEADOWS WEST is not owned or controlled by Declarant and it has =aee advised to consult with the applicable departments of the City for any changes to and/ogs ning information regarding its Lot, the Property and the zoning or proposed (re-)zoning of an¥Mjacent property. It is also understood that there are no oral, written or implied representations or warranties regarding zoning or development of the Property or adjoining properties.

(c) its Lot may have “back-to-front” or "front-to-back" drainage. There may be a swale or swales over various portions of its Lot due to this drainage situation. The depth and width of any swales will vary depending on the elevations of its and adjacent Lots. The front and the rear portions of its Lot will not be level and no adjustments to the depth or severity of any swales should be made due to cosmetic or aesthetic concerns. Any alterations made after closing to any swales by an Owner may impact the drainage as well as any foundation warranty that it may own.

(d) its Lot falls under the jurisdiction of the Homeowners’ Association, which requires mandatory affiliation thereto, including the payment of an annual fee (which may be payable on a quarterly or other basis) per Article 7 of the Covenants, Conditions & Restrictions for BLUEBIRD MEADOWS WEST.

It will also incur a working capital contribution fee and a transfer fee per Section 6.10 of the Declaration, which it understands should be further reviewed for more detailed information regarding Association dues, Assessments and restrictions.

(e) it understands and agrees that neither Declarant nor Builder has any responsibility as to the

rther reviewed for more detailed information regarding Association dues, Assessments and restrictions.

(e) it understands and agrees that neither Declarant nor Builder has any responsibility as to the present condition or future maintenance of any trees on its Lot. Furthermore, it is understood that neither Declarant nor Builder makes any assurances, implied or stated, in regard to the survival of any trees during the construction process of building and completing a Residence on its Lot. It is also acknowledged that neither Declarant nor Builder has any liability consideration on trees either during construction or after a Residence is purchased and occupigdgon the Lot. It is further understood that each Owner assumes all responsibility of the maintenan SS condition of any trees on his Lot.

to and approval of plans and pote y the Association's ACC pursuant to the Declaration. It is also understood that failure Ne 'y may result in the imposition of fines against the Owner and/or the removal of such modi or additions at Owner's expense.

(g) there is Mor. time for the construction or marketing by Builder or Declarant of a Residence on any Lot or the Lot itself. It is also understood that Builder and Declarant make no Doc-30827 assurances regarding any established period of time during which Lots near the model homes or trailers of any Builder will remain vacant since the utility of such homes or trailers is of an indeterminate length of time.

(h) it should direct any issues, concerns or questions regarding the Common Area or the Association to the Managing Agent, whose name can be obtained by yen the Builder or Declarant.

(End of "Exhibit C’) o?

\G Doc-30827

t any issues, concerns or questions regarding the Common Area or the Association to the Managing Agent, whose name can be obtained by yen the Builder or Declarant.

(End of "Exhibit C’) o?

\G Doc-30827 Executed this 4 day of \ovembe 2017 Address: 126 Mesquite Meadow Lane Fort Worth, Texas 76126 \ cow cr STATE OF TER AAO § COUNTY OF JOHNSON § Declarant: BLUE BIRD MEADOWS, LTD.

Boot Jack ing Development, LLC Title: Member This Declaration of Covenants, Conditions and Restrictions for BLUEBIRD MEADOWS West was acknowledged before me this AN day of ( lpue. Wye. ic , 2017 by Benjamin King, a Member of Boot Jack King Development, LLC, a Texas limited liability company, as general partner for Blue Bird Meadows, Ltd., a Texas limited partnership, on behalf of said limited liability company, on behalf of said limited partnership.

ROSE M VALLEJO Notary ID # 5769894 My Commission Expires February 13, 2021 (Print Name)