Document

Upon Recording: Return to: Hilary Tyson, Esq.

BoyarMiller One Grove Street 2925 Richmond Ave., 14" Floor Houston, Texas 77098 ELECTRONICALLY RECORDED 2017 ; TABLE OF CONTENTS Page ARTICLE I Definitions .........sssssssssssscsecessssssssssessssseusseseeee Section 1.1 Terms Defined ARTICLE I General Provisions ....ovennmsnnstenstntstnusinnnninneiececc. 10 Section 2.1 Creation of Units; Map ...ss-csosssosessassssssscovssserscecesscssssancerssssersstsunnnssssess 10 Section 2.2 Description of Units and Common Element ..0.0...cccsscesssesesseesssssons 10 Section 2.3 Allocation of Interests in Common Elements 0.0... c.cccccccsssssscssesessoes 11 Section 2.4 Inseparability of Units; No Partition ...ccccaccuscsussecc 11 Section 2.5 Permissible Relationships; Description... scecsccssssscseessesssesessesesees li Section 2.6 Mortgage Of Unit .......csssescssnsessstisstnstirttinutinicncc Li ARTICLE Ill Uses, Reservations and ReStrICHIONS -.....essssssseessssenenssnenssessssttssuttesssssssseeepeecessecs 12 Section 3.1 Permitted Uses.........

Section 3.2 Prohibited Uses...

Section 3.3 LeaseS voces Section 3.4 Signage Rights... cece.

Section 3.5 PAPKINg....--ecsecsssssseessesensssescscertsstessessssssesseceees Section 3.6 Compliance with the Governing Documents Section 3.7 Rights of Declarant .........cccsscssssecssessescsseceeccsesses atm N Section 3.8 Easements ..........0.0., Section 3.9 Encroachments ARTICLE IV Matters Regarding the Association Section 4.1 Gemeral oo eececscssssscsssessessececsssee Section 4.2 Allocation of Votes in the J Section 4.3 Suspended Voting Rights .\ Section 4.4 Right of Action by Owners-< Section 4.5 Limitation of Liability 9f of the Associatiog», gickA ARTICLE V ARCHITECTURAL REVIEWS

ation of Votes in the J Section 4.3 Suspended Voting Rights .\ Section 4.4 Right of Action by Owners-< Section 4.5 Limitation of Liability 9f of the Associatiog», gickA ARTICLE V ARCHITECTURAL REVIEWS Section 5.1 rr 19 A majority of the CommittesSer’Boatd sompy sing the Architectural Reviewer may ignGesa nieptberto act for it Section 5,2 Section 5.3 Section 5.4 Section 5.5 TABLE OF CONTENTS Section 6.6 Section 6.7 ARTICLE VII Insurance ...cvsrnmmnnnnstsnnninensssiseen innit. 27 Section 7.1 Requirements .......sssssecsucssssnnnsesssesssssnenteietirtrsseencc 27 Section 7.2 Insurance by the Association.......sscssssarssetnnscc 27 Section 7.3 Insurance ON Unit .ceeessssesssssssnsssernseseuenssunsstisstenvvcnccn 27 Section 7.4 Other Units o....sscsseessssesssssseeieettsssiinsitnttittinneueeccn 28 Section 7.5 Association as Insurance Trustee for the OWNETS oo. eeeecsccccecscsesecesessees 28 Section 7.6 OUND a seeesssensetenternsttionttnsserestietetnastissniitinatinsnienc 28 ARTICLE VIII Assessments ....encntnsstnennnnnenisnistnsiusinaniniietiteecccc. 29 Section 8.1 Monthly and Special Assessments by the Association... ees 29 Section 8.2 Parking Space Assessments.......csscsessessnsssenttusseirecccc 30 Section 8.3 Additional Assessments...............

Section 8.4 Section 8.5 Section 8.6 Section 8.7 Section 8.8 Section 8.9 Section 8.10 Subordination of Lien for Assessments Section 8.11 Working Capital Contributions Section 8.12 Resale Certificates 0.00. ccccccsccscss.., ARTICLE IX Loss and Obsolescence ...sccccccccsssssssecesecceessssse Section 9.1 Loss or Damage...

Section 9,2 Damaged Units Section 9.3 Obsolescence of Commop Section 9.4 Obsolescence of the Pr¢pe Section 9,5 The Association Section 9.6 Matters Relating to’

cceessssse Section 9.1 Loss or Damage...

Section 9,2 Damaged Units Section 9.3 Obsolescence of Commop Section 9.4 Obsolescence of the Pr¢pe Section 9,5 The Association Section 9.6 Matters Relating to’ ARTICLE X Condemnation... ghee Coo KM ossssessustnsmntueisuestaieeeeececc. 35 Section 10.1 oe Bele fooresssesenessracsonsessorssessnseceusesstssressssatasearasastessesseecs 35 Section 10.2 mbstantially All of One Umit... scceccsscsssseseseseeessees 36 Section 10.3 BIND OP A Unit eeeessceecsessssessnesssssnssssrassverssastesessescssseeeceeseeec. 36 Section 10.4 Section 10.5 Section 10.6 Section 10.7 of Disputes and Construction DiSPUtCS 00... ec eecscscscessteseesaeeatcsssorcesees Mediation..........ssesssssssssssssssssceessersetssssssennassstistnansettiitinosesecsccccn, 38 Final Offer Arbitration ..... seed Construction Disputes ............cssssssessesssssssessausunsarsasisiseieeeecsecccn, 39 Gemeral ......sssossssssssessesaussssneeesectsnssssssesssssesortmamststttitttesseocccc, 42 ii 005782100005\1825416.1 TABLE OF CONTENTS Page ARTICLE XII Miscellaneous....ssenseerensrnstnnntnsecntnsninninnuirisniutieecec. 42 Section 12.1 Revocation or Termination of Declaration ....csccccsseesocc 42 Section 12,2 Amendment to Decharation.........sssecssssssessunretinarsneccc 43 Section 12.3 Partial Invalidity ..0....scccssssusseesssssssstustietieineo 43 Section 12.4 COMICS «..sesssscsesseesnactesneseristetinnettnssttunetsititiincsen 43 Section 12.5 Captions and EXhibits........cscsessssssnsistnniusrinnccc, 43 Section 12.6 USULY osssssssssessstssereseetsnserasenienettnsttissstiesiintttunttiinieenc 44 Section 12.7 Use of Number and Gender .......scssssssssscnsssunsstinssscsec 44 Section 12.8 Governing Law.....ssscrssseessstssssnetissstunsiinriutinunicne 44

senienettnsttissstiesiintttunttiinieenc 44 Section 12.7 Use of Number and Gender .......scssssssssscnsssunsstinssscsec 44 Section 12.8 Governing Law.....ssscrssseessstssssnetissstunsiinriutinunicne 44 Section 12.9 NOt CE oesersseescesssstssseetnsseesrssttnetttnsssenasetiunattitstitinseccce, 44 Section 12.10 Estoppel Certificates.......cccsssenseunsessseinnsintiasriiecun 45 ARTICLE XIII Mortgagee Protection Provisions ..........0..2.

Section 13.1 Notice Provisions........-......

Section 13.2 Cure Rights 0... csesseescseseeens Section 13.3 No Invalidity of Mortgage Lien Section 13.4 Mortgagee Requirements........-cccsceecosc...., Section 13.5 Unpaid Assessments..........

Section 13.6 Books and Records...

Section 13.7 Priority of Rights ................

Section 13.8 Required Percentage EXHIBIT "A" Property Description EXHIBIT "BY Mapi..scccsccsssscsssssssssenssssssssssseseeeeesecccc.

iii CONDOMINIUM DECLARATION FOR BRYAN HEIGHTS CONDOMINIUMS This Condominium Declaration for Bryan Heights Condominiums is made and established on July 19, 201 7, by Declarant; RECITALS: A. Declarant is the fee simple owner of the Property.

B. Declarant desires to create a Condominium pursuant to the provisions of the Act.

Cc. Declarant intends hereby to establish a plan for the individual ownegsiin of estates in real property consisting of the Units and the appurtenant undivided interests\in the Common Elements.

NOW, THEREFORE, Declarant does hereby submit the Property to thé RS e following terms, provisions, covenants, conditions, easements, restrictéor servations, uses, limitations and obligations are hereby established and shall be deeme he and shall be a burden and benefit to Declarant, the Architec Reviey & Association, the

easements, restrictéor servations, uses, limitations and obligations are hereby established and shall be deeme he and shall be a burden and benefit to Declarant, the Architec Reviey & Association, the Owners, and their respective heirs, legal representatives, succ¢ i ARTICLE Definitio Section 1.1 Terms Defined. Aggised have the meanings set forth below: aration, the following terms shall “Access Easement.” $ more particularly described in Section 3.8(a) of this Declaration, © A ned in Section 13.2 of this Declaration.

Gondominium Act, Texas Property Code, Chapter 82, .” Assessments established by the Association to cover Association by one or more Owners or by one Owner to another > the Governing Documents.

¢. Any Person who controls, is controlled by, or is under common h another Person.

CONDOMINIUM DECLARATION - Page | “Affiliate of Declarant.” “Affiliate of a Declarant” as defined in Section 82.003(a)(1) of the Act.

“Allocated Interests.” The undivided interests of each Owner in the Common Elements and the Common Expenses allocated to each Unit as reflected on Exhibit "C" attached to this Declaration, as may be reallocated in accordance with the Reallocation Percentages, as required from time to time, pursuant to the provisions of this Declaration.

“Architectural Reviewer.” A person(s) or entity as described in Error!

Reference source not found., and having the rights and duties as described in Article V hereunder.

“Assessments.” The Monthly Assessments, Special Assessments and Additional Assessments, owing to the Association by an Owner or levied against a Unit by the Association.

“Association.” Bryan Heights Condominium Association, Inc., a Texas nanhrofit corporation organized under the Act and the TBOC and created for the pt Q

ner or levied against a Unit by the Association.

“Association.” Bryan Heights Condominium Association, Inc., a Texas nanhrofit corporation organized under the Act and the TBOC and created for the pt Q Possessing the rights, powers, authority and obligations set forth i € Documents.

“Board of Directors” or “Board.” The board of directo “ssociation named in the Certificate of Formation and their successors as dhl dd agPaqualified from time to time.

“Budget.” A budget prepared by the Associa ncludes the anticipated Common Expenses, Parking Expenses and any AdditlgndsAsées fiscal year.

“Building.” The building located o are located, as shown on the Map.

“Bylaws.” The bylaws of the amended from time to time.

available form of commercial general liability insurance g {80 form or an equivalent form approved by the Board of acpeptable to Declarant’s Mortgagee).

ADY costs, expenses, dues, interest, fees, late fees, fines, collection ees and any other sums arising under the Governing Documents owing or an Owner from one or more Owners or a Tenant, other than CONDOMINIUM DECLARATION - Page 2 “Common Elements.” All portions of the Condominium, including both the General Common Elements and the Limited Common Elements, but excluding the Units.

“Common Elements Easement.” An easement as more particularly described in Section 3.8(b) of this Declaration.

Common Expenses.” Expenses for which the Association is responsible, including those related to: {i) maintenance and repair of the applicable Common Elements; (ii) casualty, public liability and other insurance coverages required or permitted to be maintained by the Association under the Governing Documents; (iii) Governmental Impositions levied and assessed against the Common Elements;

y and other insurance coverages required or permitted to be maintained by the Association under the Governing Documents; (iii) Governmental Impositions levied and assessed against the Common Elements; (iv) utilities relating to the applicable Common Elements; (v) professional services, such as management, accounting and legal services and (vi) such other costs and expenses as may be reasonably related to the proper maintenance, care, operation and management of the Common Elements and the administration of the Association.

“Condominium.” The form of real property established by this Declarati respect to the Property located in the County, in which portions of the designated for individual ownership or occupancy and the remainder ofthe designated for common ownership or occupancy solely by the Owners and initially consisting of twenty-five (25) Units in the aggregate j and which may contain a maximum of one hundred thirty-five (13 “Condominium Records.” The records and Clerk in the County where condominium declarations are filed in accordance with Section 82.051(d) of the Ad by the County intum plats and plans &, Construction Dispute.” Any claini\ gwevance “or other dispute involving Declarant or any Affiliate of Declarant, includi onstruction company which is an Affiliate of Declarant, and arising out of or, € construction or design of the Property, including the interpretation dhenf any warranty.

“County.” Dallas County, T SS “Damaged Unit.” On: org Wnits damaged or destroyed by fire or other casualty.

“Declarant.”

company, whose addge 75219-6243, and eigefs Development LLC, a Texas limited liability € is 2911 Turtle Creek Bivd., Suite 300, Dallas, Texas Sssor or assignee of Declarant evidenced by a written Ord th the Condominium Records assigning the rights, powers,

LLC, a Texas limited liability € is 2911 Turtle Creek Bivd., Suite 300, Dallas, Texas Sssor or assignee of Declarant evidenced by a written Ord th the Condominium Records assigning the rights, powers, authority and obli of Declarant hereunder, declare ontrol Period.” The period that commences on the date of this ation aud expires upon the later to occur of: (i) the date which is one hundred R0Ndéys after Deciarant has conveyed seventy-five percent (75%) of the Units Ye created hereunder to Owners other than a Declarant, or (ii) December 31, ng which period Declarant may appoint and remove, in its sole discretion, CONDOMINIUM DECLARATION - Page 3 005782\0005711825416.3 officers and directors to the Board of the Association; provided that no later than the date which is not later than the 120" day after conveyance of fifty percent (50%) of the Units that may be created hereunder to Owners other than Declarant, not less than one-third (1/3) of the directors serving on the Board must be elected by non-Declarant Owners.

The Declarant Control Period: (a) is for a number of years; and (b) may be terminated by Declarant at any time.

“Declarant’s Mortgagee.” Any Person that is the holder of any bona fide indebtedness which is the result of an arm’s length negotiation, that is secured by a first lien or encumbrance upon any portion of the Condominium owned by Declarant.

“Declaration.” This Condominium Declaration for Bryan Heights Condominiums, and all amendments hereto, which shall be recorded in the Condominium Records.

“Design Guidelines.” Any procedural or substantive rules or guidelines be adopted by the Architectural Reviewer, from time to time, regarding the plann construction of Improvements, including, without limitation, Buildingss i

procedural or substantive rules or guidelines be adopted by the Architectural Reviewer, from time to time, regarding the plann construction of Improvements, including, without limitation, Buildingss i Common Elements, and the use of Land.

‘i “Designee.” A Person acting at the request of another contractors, subcontractors, employees, agents, representatives ang property, Buildings or Units to the Condominium; @ or Limited Common Elements within the CondominiumA(iii) sulb-fivide Units or convert Units into Common Elements or convert the Cohymon (iv) withdraw or add real property from or to tKe Wondom} “Dispute.” Any claim, grievance 9 ex digpute, other than a Construction Dispute, arising out of or relating eee) the Governing Documents; (ii) any more Owners or an Owner and Decla spate arising between or among two or ¢“Architectural Reviewer; (iii) the proper p a capital expenditure or the proper amount § charged or collected; (iv) the rights, obligations f Me Architectural Reviewer under the Governing Association, the Architectural Reviewer or Declarant der the Governing Documents to: (a) require any org? to take any action involving such Owner’s Unit or (b) add ‘po the Common Elements or the Condominium; or (vi) the on, in accordance with Legal Requirements and the Governing Documents.to: gerly conduct elections, (x) give adequate notice of meetings or ‘onduct meetings, or (z) allow inspection of books or records. The % be considered “Disputes” unless all parties shall otherwise agree to aiter to the dispute resolution provisions of Article XI of this Declaration: (i) by Hie Association to obtain a temporary restraining order and such ancillary he court may deem necessary to maintain the status quo and preserve the and duties of any Own Documents; (v) the azn

: (i) by Hie Association to obtain a temporary restraining order and such ancillary he court may deem necessary to maintain the status quo and preserve the and duties of any Own Documents; (v) the azn under any Legal Ré Owner to take any 2 alter, subtract fra CONDOMINIUM DECLARATION - Page 4 Association’s ability to enforce the provisions of the Governing Documents; (ii) any suit between Owners that does not include Declarant or the Association if such suit asserts a dispute that would constitute a cause of action independent of any of the Governing Documents; (iii) any disagreement that primarily involves title to any Unit or the Common Elements; or (iv) any suit in which the applicable statute of limitations would expire within 180 days of the giving of notice as provided in Article XI of this Declaration unless the Persons against whom the Dispute is made agree to toll the statute of limitations for a period of time necessary to comply with Article XI of this Declaration.

“Easements,” Collectively, those Easements described in Section 3.8 and Section 3.9 of this Declaration.

“General Common Elements.” All portions of the Common Elements that are not Limited Common Elements, including those more particularly described in Section 2.2(b) of this Declaration.

“Governing Documents.” Individually and collectively, the Act, of Formation, Bylaws, Design Guidelines, Regulations and this Declaration.

“Governmental Authority.” Any and all applicable courts geencies, commissions, offices or authorities of any nature whatsoever for a Kengntental entity (federal, state, county, district, municipal, city or otherwise) wh¢t existence.

46, Governmental Impositions.” All real esta assessments, standby fees, excises and levies, and and

Kengntental entity (federal, state, county, district, municipal, city or otherwise) wh¢t existence.

46, Governmental Impositions.” All real esta assessments, standby fees, excises and levies, and and respect thereto, general and special, ordinary of any kind and nature whatsoever, which at hereof, may be assessed, levied or imposed by any Governmental Authority. © Sonal property taxes, costs or penalties with xtraorditary; foreseen and unforeseen, jme prior to or after the execution adominium or any Unit therein frastructure, and the pavement, fencing, objects of every type, existing or in the cable television, cellular phone, internet and “Improvements.” The Building’ landscaping, facilities, Systems : future placed on the Lan@Ninel other utility or commun} ance company as a result of a casualty loss, including with a casualty loss to a Unit, the Common Elements or to €ment area established pursuant to this Declaration.

.” The Association acting in the capacity of a trustee in e provisions of Section 7.5 of this Declaration to negotiate losses property insurance policies required to be obtained by the Association in this CONDOMINIUM DECLARATION - Page 5 “Land.” That certain real property located in the County and more particularly described in Exhibit "A" attached to this Declaration, together with all and singular the rights and appurtenances pertaining thereto, including any additional real property that becomes part of the Property, but excluding, to the extent appurtenant, the Easements.

“Legal Requirements.” Any requirements applicable to the Property contained in matters of record and any and all then-current judicial decisions, statutes, rulings, rules, regulations, permits, certificates or ordinances of any Governmental Authority in any

Property contained in matters of record and any and all then-current judicial decisions, statutes, rulings, rules, regulations, permits, certificates or ordinances of any Governmental Authority in any way applicable to any Owner’s use and enjoyment of the Condominium, any Unit or the Property, including zoning ordinances, subdivision and building codes, flood disaster Jaws and applicable architectural barrier, health and environmental laws and regulations.

“Limited Common Elements.” Those portions of the Common Elements that are allocated by this Declaration and the Map for the exclusive use of less than all of the Units, including those more particularly described in Section 2.2 of this Declaration.

“Maintenance Standard.” Good repair in a an attractive and clean. cohd ion, including the operation, upkeep, repair and restoration, ordinary wear and te4 : to the extent necessary to maintain the Condominium or Unit, as a condition reasonably suitable for its intended purpose.

“Manager.” Any professional manager or management cg Association contracts for the day-to-day management of either o the administration of the Association and the Condomini § Declaration and made dimensional drawings nits and the Common “Map.” The plats and plans on Exhibit "B" atth a part of this Declaration, including a survey plat of th’ that horizontally and vertically identify Elements.

“Monthly Assessment.” ssesf lished and collected by the Association pursuant to Article VI t efation for payment of the Common Expenses and Parking Expenses whe ing Declarant’s Mortgagee, that is the holder, tedness which is the result of an arm’s length ien or encumbrance upon a Unit and which has notice of its name, address and a description of the “Mortgagee.” An insurer or guarantor of gif}

he holder, tedness which is the result of an arm’s length ien or encumbrance upon a Unit and which has notice of its name, address and a description of the “Mortgagee.” An insurer or guarantor of gif} negotiation, that is se rSon (including Declarant) owning fee title to a Unit, but ving an interest in a Unit solely as security for an obligation.

e Property or any building site designated by Plat or otherwise as a ite within the Property.

Agreement.” Any Parking Agreement between the Association and the a Unit with respect to any Parking Spaces that are General Common Elements, CONDOMINIUM DECLARATION - Page 6 which among other things, gives such Owner access to and the exclusive right to use certain Parking Spaces that are part of the General Common Elements.

“Parking Expenses.” Costs and expenses directly related to the Parking Spaces or for which the Association is primarily responsible, subject to its right to allocate such expenses to other Owners pursuant to this Declaration, including those relating to: (i) maintenance and repair of the Parking Spaces; (ii) casualty, public hability and other insurance coverages required or permitted to be maintained by the Association; (iit) Governmental Impositions levied and assessed on the Parking Spaces; (iv) utilities relating to the Parking Spaces; and (v) such other costs and expenses as may be reasonably related to the proper maintenance, care, operation and management of the Parking Spaces, including the accounting for such expenses.

“Parking Spaces.” Collectively, all parking spaces within the Condominium, which are General Common Elements as designated on the Plat; provided, however, in no event shall any parking spaces within an enclosed garage of any Unit be co

parking spaces within the Condominium, which are General Common Elements as designated on the Plat; provided, however, in no event shall any parking spaces within an enclosed garage of any Unit be co Parking Spaces for purposes of this Declaration.

“Parking Space Easement.” An easement for use of Parking particularly described in Section 3,8(c) of this Declaration, “Past Due Rate.” The maximum lawful rate of interest upd maximum lawful rate exists, the rate of 18% per annum.

“Person.” Any individual, corporation, partng Hability partnership, limited liability company, joint ve association, any other legal entity, including fiduciary acting in such capacity on behalf of a “ ‘Priority Lien Indebtedness.” Any be an arm’s-length negotiation, that is cecured D isst lien or encumbrance upon the Property and/or a Unit.

“Property.” The Land and Se.

“Real Propert KON : ords of the office of the county clerk of the g Mberming Teal property are recorded.

The percentage of the undivided interest of each eMfents as set forth on a Supplemental Declaration Gf dividing (i) the square footage of a Unit by (ii) the combined | Units, which measurement of the square feet within each Unit ¢Saine manner as the measurement used to establish the initial set forth on Exhibit "C"" attached to this Declaration, .” The rules and regulations of the Association initially adopted by ors and as amended from time to time, relating to the appearance, use CONDOMINIUM DECLARATION - Page 7 and occupancy of the Property, including the exterior appearance, use and occupancy of the Units, and certain construction on the Property.

“Rents.” Any and all rental or other income received by an Owner in connection

he Property, including the exterior appearance, use and occupancy of the Units, and certain construction on the Property.

“Rents.” Any and all rental or other income received by an Owner in connection with the leasing of such Owner’s Unit or the granting or licensing of a right to use all or any portion of such Unit, “Roof Easement.” An easement as more particularly described in Section 3.8(d) of this Declaration.

“Roof Easement Area.” The area shown and designated as the Roof Easement Area on the Map.

“Signage.” Any signage, lettering, decorations, banners, advertising or marketing media, awnings, canopies, window covering, or any other form of expression on the Skin or in the interior of the Improvements if the same is visible from the exteriopof the Improvements.

“Signage Rights.” The right to affix Signage to the Skin, as describes 3.4 of this Declaration.

“Skin.” The exterior surface of the Improvements or the“po applicable, including the roof. but specifically excluding the eG exterior doors and windows.

“Skin Easement.” An easement as more particularly ibed in Section 3.8(e) of this Declaration.

“Special Assessments.” Assessments Q ished and collected from time to time by the Association pursuant to Section 8. 1c claration, when due.

“Special Declarant Rights.” Big in Section 82.003(a)(22) of the Act hereby reserved for the benefit of Deé ding, without limitation the rights to: (i) complete the Improvements show? ap; (ii) exercise any Development Right; (iii) make the Condominiym a fa 4 lefger condominium or planned community; (iv) maintain the sales andy eny and leasing offices and models described in Section 3.7(c) of thig alion“and use signs advertising the Units or the %<a asempnt for the purpose of making improvements within

aintain the sales andy eny and leasing offices and models described in Section 3.7(c) of thig alion“and use signs advertising the Units or the %<a asempnt for the purpose of making improvements within Prapexty; (vi) appoint and remove any officer or director on the A CwNY the Declarant Control Period, foundations, footings, columns, flat slabs, sheer walls, girders, efsion cables or rods and including any and all other structural ipport, uphold or are a part of the Building or other Improvement.

emental Declaration.” An instrument executed by Declarant and recorded OndSminium Records for the purpose of (i) modifying the Allocated Interests, to the Condominium, (iii) withdrawing any portion of the Condominium from CONDOMINIUM DECLARATION - Page 8 the effect of this Declaration or (iv) any other action as provided in the Governing Documents.

“Support Easement.” An easement as more particularly described in Section 3.8(/) of this Declaration.

“Systems.” All fixtures, utilities, equipment, pipes, lines, wires, computer cables, conduits, circuits, junction boxes, hangers, pull boxes, terminal points, electronic devices, air compressors, air handlers, chillers and other systems used in the production, heating, cooling and/or transmission of air, water, gas, electricity, communications, waste water, sewage, audio and video signals, and other utility services including the main switch gear conduits, plumbing chases and mechanical shafts on the Property.

“Systems Easement.” An easement as more particularly described in Section 3.8(g) of this Declaration.

“Taking.” The taking or threat of taking of all or a portion of the Property YoXany public or quasi-public use, by eminent domain proceedings or otheryise

cribed in Section 3.8(g) of this Declaration.

“Taking.” The taking or threat of taking of all or a portion of the Property YoXany public or quasi-public use, by eminent domain proceedings or otheryise Governmental Authority or by an action in the nature of eminent dom} permanent or temporary) or the sale or other transfer of the Property in Hj “Tenant.” Any Person having the right to occupy a Unit oF edition Of a Unit pursuant to a lease or other occupancy agreement granted by an O sublease, to the extent allowed by the Governing Doc “TBOC.” The Texas Business Organization de, a ended from time to time.

“Unit.” A physical portion of the Condo ownership or occupancy (the boundaries of wht extent applicable, is contained withi ium that is designated for separate walls, floor, ceiling, windows and ' larly described in Section 2.2(a) of this Declaration, and includes: (i) al s that exclusively serve such Unit; including, without limitation, plate glass windows); and (iii) the appliances contained in Systems that serve pad Section 82.052 of thé kh des (x) any portion of the Structure and (y) any e Unit, all as subject to and further described in p.Capifal Contribution.” An amount equal to the Monthly Assessment a factor of 2.5 to be contributed to the Association by each Owner, not in&Declaraht as provided in Section 8.11 of this Declaration.

CONDOMINIUM DECLARATION - Page 9 ARTICLE I General Provisions Section 2.1. Creation of Units; Map.

(a) The Units. The Property is hereby divided into fee simple estates composed of twenty-five (25) separately designated Units, and each such Unit's undivided interest in and to the Common Elements. Each Unit, together with such Unit’s

by divided into fee simple estates composed of twenty-five (25) separately designated Units, and each such Unit's undivided interest in and to the Common Elements. Each Unit, together with such Unit’s undivided interests in the Common Elements is for all purposes a Separate parcel of and estate in real property. The separate parcels of and estates in real property designated hereby shall be created on the date of filing of this Declaration in the Condominium Records, and shall continue until this Declaration is revoked or terminated in the manner provided in this Declaration.

(b) The Map. The Map sets forth the following: (i) a general descripyén and diagrammatic plan of the Condominium; (ii) the location and dimension of } real property subject to the Development Rights; (iii) all major Improvements, inéludind ey Unit, showing its location within the Building and floor(s); (iv) the locatfon-ef Pa Spaces within the Condominium designated as Limited Common Elg € 3 certain Owners; and (v) such other information as is desirable or required 2 Act, including a certification as to compliance with the Act. The/Mmeasilte on the Map as to each Unit are approximate value d (fio) ithe\plans and specifications for the Property and may not be precis i variances in construction and interior floor plans. N NT NOR ANY OWNER SHALL BE LIABLE TO ANY OTHER A RESULT OF ANY DISCREPANCIES IN ACTUAL UNIT MBASU FROM THOSE SET onstruction of the Improvements, CAUSE OF ACTION. Upon cogfptetidns g g er) shall file an amendment to this Declarant (without the joinder of ang As depicted on the Map, the Units shall consist of residential townhomeayifs which include a garage and entry on the first floor, and additional Syithin second, third and fourth floors of each Unit, and roof balcony

the Map, the Units shall consist of residential townhomeayifs which include a garage and entry on the first floor, and additional Syithin second, third and fourth floors of each Unit, and roof balcony Om the fourth floor, the boundaries of which are described and depicted on CONDOMINIUM DECLARATION - Page 10 (b) General Common Elements. As depicted on the Map, the General Common Elements shall include all the Common Elements that are not Limited Common Elements.

(c) Limited Common Elements. As depicted on the Map, the Limited Common Elements shall include a covered front porch area for each Unit, the boundaries of which are described and/or depicted on the Map.

(d) Descriptions Subject _to Map. The descriptions of the Units and the Common Elements set forth in this Section 2.2 represent the general intention of Declarant; provided, however, if a discrepancy exists between the above descriptions and the Map, the Map shall control.

Section 2.3 Allocation of Interests in Common Elements. The initial Allocated Interests have been determined by dividing the square footage of each Unit by the square feet of all Units and are shown opposite the Unit in Exhibit "C" attached to this Declaration. If Declarant elects to add or remove Units to the Condominium subsequent to the date herég Allocated Interests of each Owner shall be recalculated in accordance with the Re Percentages pursuant to the provisions of a Supplemental Declaration; provide such Allocated Interests, as determined by the Reallocation Percentages sha until the date such Units are added to or removed from the Condomini t to a Supplemental Declaration.

Section 2.4 Inseparability of Units: No Partition.

and shall be acquired, owned, conveyed, transferred, leased a

such Units are added to or removed from the Condomini t to a Supplemental Declaration.

Section 2.4 Inseparability of Units: No Partition.

and shall be acquired, owned, conveyed, transferred, leased a except for the provisions of Section 3.3 and Section 3.8 of this } Unit be subject to physical partition, and no Owner shall br’ag D entitled to maintain an Elements, Any purported susfer of an undivided interest in the Elements are allocated is void conveyance, judicial sale or other voluntary or involunta Common Elements without the Unit to which suekC ab initio.

it may be acquired and held by more than one Section 2.5 ip.e rf zed by the Legal Requirements.

(} (a) nt Person in any form of owh} ANN (b) ee nNs? Any contract or other instrument relating to the p,.cd aveyai) €, transfer, lease or encumbrance of a Unit shall legally itf further reference to the recording data for this Declaration any amendments to this Declaration in the Condominium escription shall be good and sufficient for all purposes to acquire, er, lease, encumber or otherwise deal with such Unit, and any such be construed to include all incidents of ownership relating to a Unit.

describe such Unj Dallas County, (including the Records).

Mortgage of Unit. An Owner shall be entitled from time to time to mortgage oreficumber a Unit by creating a lien or liens covering a Unit under the provisions of a CONDOMINIUM DECLARATION - Page I1 mortgage or deed of trust, but any lien created thereby shall be subject to the terms and provisions of this Declaration, and any mortgagee or other lienholder which acquires a Unit through judicial foreclosure, public sale or any other means shall be subject to the terms and

the terms and provisions of this Declaration, and any mortgagee or other lienholder which acquires a Unit through judicial foreclosure, public sale or any other means shall be subject to the terms and provisions of this Declaration. An Owner that mortgages its Unit shall notify the Association, giving the name and address of said Owner’s Mortgagee, and the Association shall maintain such information.

ARTICLE U1 Uses, Reservations and Restrictions Section 3.1 Permitted Uses. All uses of the Units shall be subject to and in accordance with the Governing Documents and all applicable Legal Requirements. Except as otherwise provided in the Governing Documents, the Units shal! only be used for residential and ancillary purposes permitted under any ordinances, rules or regulations promulgated by any applicable Governmental Authority and to which the Condominium is subject.

Section 3.2 Prohibited Uses. No Unit shall be used for any uses prohi Architectural Reviewer. Approval by the Architectural Reviewer of a use wf particular Unit shall not constitute or compel approval by the Architectural Re or a similar use elsewhere within the Condominium.

Section 3.3. Leases. The Units (or portions thereof) may be Unit shall be subject to those leasing restrictions set forth by, time by Regulations promulgated by the Board, as applicable, (a) Leasing Homeowners who rent or leas execute a written lease agreement, signed by the te d a copy provided to the Association prior to the tenant’s possession of the residence. € shall contain, at minimum, the following: a. Term of Lease. Initial term of 48§ shall nef*be less than one (1) year.

b. Entire Residence. The propert c. Single Family. Lease is restricte family. Owner shall provide to the names and contact information for the tenants.

term of 48§ shall nef*be less than one (1) year.

b. Entire Residence. The propert c. Single Family. Lease is restricte family. Owner shall provide to the names and contact information for the tenants.

d. Abide by Rules.

CCR’s, Rules gf abide by all constitute a dé past make available to the tenant copies of the , and all amendments thereto. Tenant must agree to ties and must acknowledge that failure to do so may sy/ihe lease terms and agreement. Owner must obtain a « from the tenant that this section of the CCR’s has been il) The Tenant shall not be allowed access to any secured areas of website or other official social media platforms. Owner shall not {tovuse their secure log in information to access any secured platform r homeowner use only or owned and/or operated by the Association aging Agent.

assignment or subleasing is allowed.

ant must carry renters insurance.

CONDOMINIUM DECLARATION - Page 12 g. Owner shall be responsible at all times for his tenant and the maintenance and upkeep of the home and lot. Should the tenant violate a rule and a violation notice is sent, the Owner shall be responsible for ensuring the tenant complies with the rules and the violation noted is immediately abated. Should a fine for noncompliance result, the Owner shall be responsible for payment to the Association for all fines or any monetary expense the Association may incur for the enforcement and abatement of a violation, Section 3.4 Signage Rights. No Owner shall have the right to erect Signage on the Skin of such Owner’s Unit unless and until such Owner has obtained approval of the Architectural Reviewer (which may be withheld in the Architectural Reviewer’s sole and absolute discretion) and provided that such Signage must be in compliance with the Legal

obtained approval of the Architectural Reviewer (which may be withheld in the Architectural Reviewer’s sole and absolute discretion) and provided that such Signage must be in compliance with the Legal Requirements. Any Signage shall be further subject to such restrictions and requirements as set forth in the Regulations. Each Owner shall be responsible, at its sole expense, for (A) obt, ining and maintaining all necessary permits and approvals required under all applicable Requirements with respect to the erection and maintenance of its Signage (if any), (B and maintaining, or causing to be kept and maintained, its Signage in good conditig and (C) keeping or causing to be kept all lighting and other equipment in corfige Signage (if any) in good working order and condition. The ArchitecturakBd Association at the direction of the Architectural Reviewer, may remove,am necessary, in connection with any of its maintenance and repair or oth¢t 6B idxs Wder this Declaration or may require the Unit Owner to do so. The Ovrrre yit utflizing the Signage Rights shall be responsible for the cost of repairing Gop é§ or Units if such repairs are necessitated by use or misuse of their Signage R: Architectural Reviewer does not insure equipment or improvements installed pursua’ eignage Rights and is not liable to any Owner or any other Person for any loss of Wa amy cause to the equipment or improvements installed pursuant to the Signa: THE OWNERS SHALL INDEMNIFY THE ARCHITECTURAL REVIE HE ASSOCIATION, THEIR OFFICERS, DIRECTORS, EMPLOYEES, A MBERS, INDIVIDUALLY ANY AND ALL CLAIMS FOR FROM THE USE OR MISUSE OF DAMAGES OR LAWSUITS, BY ANYON THEIR RESPECTIVE SIGNAGE RI Section 3.5 Parking. Cy (a) inig/Shacts. ing Spaces designated as General Common Elements

LLY ANY AND ALL CLAIMS FOR FROM THE USE OR MISUSE OF DAMAGES OR LAWSUITS, BY ANYON THEIR RESPECTIVE SIGNAGE RI Section 3.5 Parking. Cy (a) inig/Shacts. ing Spaces designated as General Common Elements shall be for the non-dxclasits of the Units and for any guests, invitees and employees of the Owners as welMasthe gereral public. Use of the Parking Spaces shall be subject to the procedures 91 set forth in the Regulations (which will be enforced by the Each Unit shall have access to a garage as part of such Unit t least two (2) automobiles. The right of a Unit Owner by a Parking therwise of any Parking Spaces shall be subject to the procedures and § set forth in the Regulations (which shall be enforced by the Association) and sed exclusively for automobile parking purposes and those uses appurtenant to CONDOMINIUM DECLARATION - Page 13 parking purposes by the Unit Owner, its Tenants and their guests, invitees and employees. Neither the Association nor any other Owner may restrict or prohibit a Unit Owner from parking within the garage area that is part of such Owner’s Unit.

Section 3.6 Compliance with the Governing Documents. Each Owner, by accepting a deed conveying title to a Unit, and any Tenant by execution of a lease or by occupancy or a Unit shall automatically be deemed to have agreed to strictly comply with the provisions of the Governing Documents and all the Legal Requirements. A failure or refusal of an Owner ora Tenant to so comply with any such provisions, after written notice, shall constitute a Dispute (to the extent so included within the definition of “Dispute” set forth in Section 1.1 of this Declaration) that shall be resolved in accordance with Article XI of this Declaration. In addition,

spute (to the extent so included within the definition of “Dispute” set forth in Section 1.1 of this Declaration) that shall be resolved in accordance with Article XI of this Declaration. In addition, an Owner’s voting rights in the Association may by written notice be suspended by the Association during the period of such noncompliance.

Section 3.7 Rights of Declarant. In accordance with, and only if permitted by, the Act, Declarant reserves the following rights: (a) the Development Rights and the Special Declarant Rights, while Declarant or any Affiliate of Declarant owns any Unit or any othe interest in the Condominium, including an easement interest, exgep expressly provided herein; (b) the right (but not the obligation), by a Supplf supplement or modify any Unit by adding additional 4 designate additional portions of the Condominium ag Units; provided, however, Declarant may not add of combine Units, unless Declarant or an Affiliate of Decks Units. No such addition or deletion to any su the interest in the Common Elements, the share appurtenant to the Units. Any Units whi Purposes as separate Units. Declaraptxma: expense, into separate and distinct hv a Nothing in this Declaration, hi Condominium or otherwise take to this Section 3.7(b); (c) the rigt office within any U and/or management© shall have the pit Declarant shal signs designatin fit, or to combine ties from any Unit or € owner of such Unit or it or combination of Units shall affect mon Expenses or the voting rights sned shall be treated for all such gity Units it has combined, at its sole set forth in the survey and the Map.

alt obligate Declarant to add to the Hons to which Declarant is entitled pursuant a model unit and a sales, leasing and/or management

it has combined, at its sole set forth in the survey and the Map.

alt obligate Declarant to add to the Hons to which Declarant is entitled pursuant a model unit and a sales, leasing and/or management mmon Elements in connection with the sale, leasing # such location as determined by Declarant, Declarant pcate such model unit and/or office from time to time.

{he right to authorize placement, upon the Common Elements, of g sich model unit and/or sales, leasing and/or management office gNihe-sale or leasing of the Units. Such signs may be placed in such aqd shalpbe of such size and character as Declarant may determine; the right, without the vote or consent of the Architectural Reviewer, the gn or any other Owner, to: (i) make alterations, additions or improvements in, CONDOMINIUM DECLARATION - Page 14 to and upon any Units owned by Declarant or its Affiliates, whether structural or non-structural; (ii) change the floor plan and layout of any Unit owned by Declarant or its Affiliates. However, in no event shall any such alteration, improvement or change interfere with any structural support of any Unit or the Common Elements or the provision of utility service to any Unit or the Common Elements. All work done in accordance with the provisions of this Section 3.7(d) shall be done in compliance with the Governing Documents and all applicable Legal Requirements; and (e) For as long as Declarant or its Designees remain liable under any warranty, whether statutory, express or implied, for any act or omission of Declarant ot its Designees in the development, construction, sale and marketing of any portion of the Condominium, the right for itself and its Designees, in Declarant’s sole discretion and

mission of Declarant ot its Designees in the development, construction, sale and marketing of any portion of the Condominium, the right for itself and its Designees, in Declarant’s sole discretion and from time to time, to enter the Common Elements and the Units for the purpose of making necessary inspections, tests, repairs, improvements or replacements required for Declarant or its Designees to fulfill any of its warranty obligations, provided that no such entry into a Unit shall unreasonably interfere with the use of such Unit by its 4 Failure of the Association or any Owner to provide such access may result appropriate warranty being nullified and of no further force or effect. No this Section 3.7(e) shall be deemed or construed as Declarant making g i warranty, all of which are disclaimed.

In addition to all other rights granted or reserved to Decigtap Documents, in order that the development of the Condomini t established as a fully operating mixed-use development, DegCia: e the following rights, and the Owners, the Architectural Reviewer, and the (Assocftion, shall refrain from interfering with Declarant’s activities in such regard: (i) Declara s Designees shall have the right to conduct any activity or operations on or j the Condominium that Declarant determines to be necessary or advisable ty Capnection with the completion of the development of the Condominium, including the rig; ali& its construction plans and designs as Declarant deems advisable in the course pment or enlargement of any maintain on any of the Property owned by De vs Affiliates, such structures as may be reasonably necessary for the conduct of its-3 ess of completing said development and

right to erect, construct and maintain on any of the Property owned by De vs Affiliates, such structures as may be reasonably necessary for the conduct of its-3 ess of completing said development and Dési, have the right to conduct on the Property its ading and constructing Improvements in the s thereon by sale, lease or otherwise: (iv) Declarant its sole discretion the nature of and the types of of the Condominium; (v) Declarant shall have the right Suppiemental Declarations to this Declaration; (vi) Declarant and ight to modify, change, re-configure, remove and otherwise alter: ¢ Common Elements, except as prohibited or limited elsewhere nts; and (vii) Declarant and its Designees shall have the right to enter €rate thereon such vehicles and equipment as shall be necessary in the arant or its Designees for such purposes, In general, Declarant shall be pstrictions set forth in this Declaration to the extent such restrictions interfere in business of developing, sub Condominium and of dispoé shall have the right to ds CONDOMINIUM DECLARATION - Page |5 any manner with Declarant’s plans for construction, development, use, sale, lease or other disposition of all or any portion of the Property.

Development Rights may be exercised as to different portions of the Property at different times.

Declarant provides no assurance whether any Development Right will be exercised, the portions of the Property as to which Development Rights may be exercised or as to the order of exercise of any Development Rights. The exercise of any Development Right in any portion of the Property does not obligate Declarant to exercise that Development Right in any other portion of the Property.

ise of any Development Rights. The exercise of any Development Right in any portion of the Property does not obligate Declarant to exercise that Development Right in any other portion of the Property.

Section 3.8 Easements. Each Owner accepts a deed conveying title to a Unit subject to the Easements granted and reserved, as applicable, in this Section 3.8, which the Easements {and all related rights and obligations related to such Easements arising on or after the date of any transfer) shail run with the Condominium.

(a) Access Easement. Declarant hereby grants and reserves a pe assignable and non-exclusive Access Easement over, on and across each Unit reasonably be necessary for its own benefit and for the benefit of eac Architectural Reviewer and the Association, as applicable, for: (i) the repair or replacement of any of the Common Elements thereon or accesby (ii) the use of a Unit by its Owner, provided no other reasonable mean (iii) the exercise by Declarant of the Special Declarant Ri obligations of Declarant under the Governing Documents.

repairs therein necessary to prevent damage to the Cg (v) the evacuation of all or any part of the Property (vi) such other reasonable purposes as are deemed by Association to be necessary for the performan Documents.

by The Association, the Manager, and each O necessary in case of an emergency oygsrat whether or not the Owner or TenanYot making such entry shall take reasone autions to protect such premises and any Z aponly contained therein from damage and theft.

This right of entry may bg<eXerclse y Manager, the Owners, the Association and Age pléyees, and by all police officers, firefighters and performance of their respective duties. Also, the i to’ perform installations, alterations or repairs to the

, the Owners, the Association and Age pléyees, and by all police officers, firefighters and performance of their respective duties. Also, the i to’ perform installations, alterations or repairs to the services which, if not performed, would affect the use of su Elements; provided that, if possible, requests for any entry ynte and at a time convenient to the Owner or manager of the of subject to the foregoing limitations. In case of an emergency, mediate and if an Owner refuses to provide entry, such Owner is of repairs to the Unit or the Common Elements caused by the y Manager’s, or another Owner’s chosen method of access under such Association may e mechanical, electrical CONDOMINIUM DECLARATION - Page 16 (b) Common Elements Easement. Declarant hereby grants and reserves a perpetual, assignable and non-exclusive Common Elements Easement over, on and across the Common Elements for its own benefit and for the benefit of each Unit (which is an intended beneficiary of such Common Element), the Architectural Reviewer and the Association for ingress and egress from each Unit and for the use of the Common Elements. The Common Elements Easement shall be maintained by the Association in accordance with the Maintenance Standard and Section 6.2 of this Declaration.

(c) Parking Space Easement. Declarant hereby grants and reserves a perpetual, assignable, and non-exclusive Parking Space Easement over, on and across the Parking Spaces within the General Common Elements, if any, for its own benefit and for the benefit of the Units for use of the Parking Spaces within the General Common Elements (if any) solely for the parking of vehicles in accordance with the Regulations.

The Parking Spaces shall be maintained by the Association as part of the Common

paces within the General Common Elements (if any) solely for the parking of vehicles in accordance with the Regulations.

The Parking Spaces shall be maintained by the Association as part of the Common Elements of the Condominium in accordance the Maintenance Standard in Section 6.1 of this Declaration. The Parking Space Easement granted herein shall be subjact to exclusive rights of an Owner of a Unit to use of Parking Spaces designated by the Map to be a Limited Common Element for such Unit and/or any Parking Space Agréeemhebts entered into by the Association pursuant hereto.

(d) Roof Easement. Declarant hereby grants a perpetug Roof Easement over, on and across the Roof Easement Area: (j each Unit for the placement, use and maintenance of ai serving such Unit in the areas shown on the Map; (ii) f¢ placement, use and maintenance of satellite and teledo such Unit; and (iii) for the benefit of the Units, for roe shown on the Map. The portions of the Roof Basemen maintained by such Owner and the remaining i be maintained by the Association in accordand (e) Skin Easement. Ail atq SR SE EEE EL S © Skin shall be maintained by the Association as part of the Com 8 in accordance with the Maintenance Standard and Section 6.1 of this O¢ttarayjOn7and Declarant grants a perpetual and nonexclusive Skin Easemep SS across the Skin of each Building to the (f) Su a. sat.” Declarant hereby grants and reserves a perpetual, assignable and ees port Easement over, on and across the Structure for its bene CAhie one ht Ot each Unit for support of all portions of the Improvements.

of 68 pintained by the Association in accordance with the Maintenance ectioa-6Z of this Declaration.

as ystems Easement. Declarant hereby grants and reserves a perpetual,

portions of the Improvements.

of 68 pintained by the Association in accordance with the Maintenance ectioa-6Z of this Declaration.

as ystems Easement. Declarant hereby grants and reserves a perpetual, and non-exclusive Systems Easement over, on and across the Systems for its wfid for the benefit of each Owner and the Association for the use of and the to any portion of the Systems intended for such Owner’s or the Association’s CONDOMINIUM DECLARATION - Page 17 005782\0000511825416.1 use, except for any portion of the Systems that are intended to exclusively service a Unit.

The Systems which serve more than one Unit shall be maintained by the Association in accordance with the Maintenance Standard and Section 6.2 of this Declaration.

(h) Utility Easement. Declarant hereby grants and reserves a perpetual, assignable and non-exclusive Utility Easement over, on and across the Common Elements: (i) for its own benefit, the benefit of the Association and the benefit of utility companies supplying utility service to the Condominium for supplying utility service to any part of the Condominium and (ii) for its own benefit for the right to grant additional Utility Easements. Declarant may record an easement agreement or easement relocation agreement in the Condominium Records, specifically locating or relocating any Utility Easement subsequent to the recordation of this Declaration, and each Owner, by acceptance of the deed to a Unit, hereby grants Declarant an irrevocable power of attorney, coupled with an interest, with full power and authority to locate or relocate any Utility Easement.

(i) Miscellaneous. None of the Easements granted or reserved in this 3.8 shall be used in a manner which materially adversely affects the structura Section 3.9 Encroachments. If, as a resul

Easement.

(i) Miscellaneous. None of the Easements granted or reserved in this 3.8 shall be used in a manner which materially adversely affects the structura Section 3.9 Encroachments. If, as a resul reconstruction, repair, shifting, settlement or other ci umst: Elements encroaches upon a Unit, a perpetual easem!

encroachment and for the maintenance of the same } Association by each Owner at the time each Unit is original construction, reconstruction, repait shifftf portion of a Unit encroaches upon the Co irrevocable and perpetual easement for su over, on and across such Unit, or sych p or determined to be encumbrang Nia The Association has been incorporated as a nonprofit RROE- In addition to the powers conferred on the Association under the ny take all actions authorized by the Governing Documents. Any and e Association pursuant to the Governing Documents are binding on all oclaration is not intended to place any limitations or restrictions on the power of ement or other circumstance any gnts, or upon any adjoining Unit, an ent and for the maintenance of the same s£ommon Elements, as applicable, is hereby ch ogcrgaghments and easements shall not be considered nit or upon the Common Elements.

Oas TICLE IV Section 4, corporation und, o x CONDOMINIUM DECLARATION - Page 18 005782100005\1825416.1 the Association or the Board of Directors except as set forth in this Declaration or the Governing Documents.

Section 4.2 Allocation of Votes in the Association. Each Owner will automatically be a member of the Association. Unless a different allocation of votes is required by the Act or elsewhere in this Declaration each Owner shall be entitled to one vote per Unit owned by it.

omatically be a member of the Association. Unless a different allocation of votes is required by the Act or elsewhere in this Declaration each Owner shall be entitled to one vote per Unit owned by it.

Section 4.3 Suspended Voting Rights. All voting rights of an Owner may be suspended during any period that such Owner is delinquent in the payment of any Assessment duly established pursuant to this Declaration, or is otherwise in default under the terms of the Governing Documents.

Section 4.4 Right of Action by Owners and the Association; Release. The Owners, acting collectively or individually, shall have the right to maintain actions against the Association for its willful failure to comply with the provisions of the Act, this Declaration or the Bylaws or its willful failure to perform its duties and responsibilities hereunder; provided, however, except as otherwise provided by the Governing Documents, no other action Shal! be brought against the Association or its Affiliates, parents, subsidiaries, officers, dire employees, predecessors, successors, contractors, consultants, insurers, sureties, » The Association shall not have the power to institute, defend, intervene in, sett litigation or administrative proceedings in the name of any Unit Owner: Association’s obligations under this Declaration, except as otherwise pro Governing Documents, each Owner hereby releases, acquits and forever discharged t ipa, and its Affiliates, parents, members, subsidiaries, officers, directors, Agents” ets yesé, predecessors, successors, contractors, consultants, insurers, sureties and i and aftees to hold such Persons harmless of and from any and all claims, damages\ Ik (including reasonable attorneys’ fees) relating to the cgnstruct Pair or restoration of, or

nsurers, sureties and i and aftees to hold such Persons harmless of and from any and all claims, damages\ Ik (including reasonable attorneys’ fees) relating to the cgnstruct Pair or restoration of, or the sale to the Owners of the Units or the Commo: sments. ts release shall release and forever discharge the Association and its Affiliates, pa » Inembers, subsidiaries, officers, directors, agents, employees, predecessors, successg 4 and assigns, from all claims and causes of } Nemstatutory or under the common law, known or unknown, now accrued, or that aris icers, Directors, Employees and Agents ge or agent of the Association shall be liable to any claims, actions, demands, costs, expenses igbility, of any kind or nature, except as otherwise Vortuments and such officers, directors, employees and grdagce with the provisions of the Governing Documents.

Section 4.5 Limitation of Ligh of the Association. No officer, Mo any Owner of any Unit or a (including attorneys’ fees) Gah expressly set forth in the agents shall be indemnified fara ARTICLE V ARCHITECTURAL REVIEWER Architectural Reviewer. The “Architectural Reviewer” (herein so on(s) or entity designated or appointed pursuant to the terms hereunder to review and approve of any and all plans and specifications for Improvements to be constructed CONDOMINIUM DECLARATION - Page 19 or installed within the Condominium. For as long as Declarant owns at least one Unit in the Condominium (unless Declarant previously relinquishes its rights to the Board), Declarant or its Designee shall perform all of the rights, duties and obligations of the Architectural Reviewer hereunder. From and after the expiration or termination of the Declarant’s rights as Architectural

or its Designee shall perform all of the rights, duties and obligations of the Architectural Reviewer hereunder. From and after the expiration or termination of the Declarant’s rights as Architectural Reviewer hereunder, the Board or an architectural control committee established by the Board (the “Committee”) shall perform all of the tights, duties and obligations of the Architectural Reviewer hereunder. The Architectural Reviewer shall function as the representative of the Association. The Architectural Reviewer shall exist and act for the purposes herein set forth as well as for all other purposes consistent with the creation and preservation of a first-class residential condominium development. Any one or more of the person(s) acting as the Architectural Reviewer may be removed as Architectural Reviewer hereunder, with or without cause, by the Declarant so long as Declarant owns any Unit (or earlier relinquishes its rights under this Section 5.1 to the Board) and thereafter by the Board of Directors.

A_majority of the Committee or Board comprisin: designate a member to act for it. No person acting as Architectural Reviewer shall b action or damages (except where occasioned by gross negligence or willful miscon out of services performed pursuant to this Declaration.

Section 5.2 Architectural Approval.

(a) Design Guidelines, The Architectural Reviewer its election, publish and promulgate design guidelines (the shall supplement this Declaration and shall be deemefi The Architectural Reviewer shall have the right from!

Guidelines, provided such guidelines, as amen ded, sha quality, general architectural style and desig ¢ Condominium. The Architectural Reviewer shall have the authority to make final decisions in interpreting the general

such guidelines, as amen ded, sha quality, general architectural style and desig ¢ Condominium. The Architectural Reviewer shall have the authority to make final decisions in interpreting the general intent, effect and purpose of those matters i is responsible in accordance with this Declaration. The ‘rchieetural evi endeavor to promulgate the Design Guidelines in such a manner that on Q omplying with all applicable laws and regulations are specified therein, bu Qurier of a Unit (and not the Architectural Such laws and regulations on his respective Id be advised that materials specified by the applicable laws or regulations, the Architectural Osts to inquire into the nature of the non-compliance Os Of the Design Guidelines.

o time at °), which erein by reference.

e to amend the Design Approval. No Building or other Improvements, including, structure, paving, pools, fencing, hot tubs or improvement of erected, placed or altered on any portion of the Condominium Showing the location of such building, structure, driveway, paying construction plans and specifications thereof and landscaping and therefor have been submitted to and approved in writing by the al Reviewer (“Architectural Approval”) as to: (i) location with respect to it boundaries and Common Elements, setback lines and finished grades with respect to CONDOMINIUM DECLARATION - Page 20 existing topography, (ti) conformity and harmony of external design, color, and texture with existing structures and existing landscaping, (iii) quality of materials, adequacy of site dimensions, and proper facing of main elevation with respect to nearby streets; (iv) conformity with the applicable Legal Requirements; and (v) the other standards set forth

aterials, adequacy of site dimensions, and proper facing of main elevation with respect to nearby streets; (iv) conformity with the applicable Legal Requirements; and (v) the other standards set forth within this Declaration or the Design Guidelines. The Architectural Reviewer is authorized to request the submission of samples of proposed construction materials or colors or proposed exterior surfaces, (c) Procedure. Final plans and specifications shall be submitted in duplicate to the Architectural Reviewer by the Owner for approval or disapproval. If such plans and specifications meet the approval of the Architectural Reviewer, one complete set of pians and specifications will be retained by the Architectural Reviewer and the other complete set of plans will be marked “Approved” and returned to the Owner. If such plans and specifications do not meet the approval of the Architectural Reviewer, one set of such plans and specifications shall be retumed marked “Disapproved,” accompanied by a reasonable statement of the reasons for such disapproval. Any modifice change to the approved set of plans and specifications or to construction or recanstkudtion pursuant thereto which materially affects items (i) through {v) of the preceting 5.2(a) must again be submitted to the Architectural Reviewer, for its revig The Architectural Reviewer’ s approval or disapproval as required writing. If the Architectural Reviewer fails to approve or disappre pians and specifications within thirty (30) days after they have been p Architectural Reviewer disapproval shall be presumed.

itectural Reviewer is 1 aspects of Building quality and quantity of approve aspects thereof which may, in ely affect the living enjoyment or or the value of the Property. As ectural Reviewer may impose limits

l Reviewer is 1 aspects of Building quality and quantity of approve aspects thereof which may, in ely affect the living enjoyment or or the value of the Property. As ectural Reviewer may impose limits (d) Architectural Reviewer_Discretion.

authorized and empowered to consider and review construction, construction of other improvemgxts and landscaping within the Condominium, and ma the discretion of the Architectural Reviewer intended use of one or more Owner(s) of igé an example, and not by way of limigéton upon the location of window areas enclosed patio area of an adjacen permitted to consider tec a or alternative techniques Unit. Also, the Architectural Reviewer is design and materials and such comparable aterials may or may not be permitted, in Riniex“of the Architectural Reviewer. The action of the \respept to any matter submitted to it shall be final and ing such matter, subject to the provisions of Article XI Architectural Reviewvel oy binding upon the O} provements. Declarant shall not be required to obtain approval of the initial Improvements.

Mariances. Upon submission of a written request for same, the yer may, from time to time, in its sole discretion, permit Owners to tall improvements which are in variance from the Design Guidelines or ictions provided in this Declaration or the Design Guidelines then in effect. In CONDOMINIUM DECLARATION - Page 21 any such case, variances shall be in basic conformity with and shall blend effectively with the overall quality, general architectural style and design of the community. No member of the Board or the Committee, and no person or entity acting as Architectural Reviewer hereunder shall be liable to any Owner for any claims, cause of action, or damages arising out of the grant

mber of the Board or the Committee, and no person or entity acting as Architectural Reviewer hereunder shall be liable to any Owner for any claims, cause of action, or damages arising out of the grant of, or the refusal to grant, any variance to an Owner. Each request for a variance submitted hereunder shall be reviewed separately and apart from other such requests and the granting of a variance to any Owner shall not constitute a waiver of the Architectural Reviewer’s right to strictly enforce this Declaration against any other Owner.

Section 5.4 Nonconforming and Unapproved Improvements. The Board of Directors may require any Owner to restore such Owner’s Unit and related Improvements to the condition existing prior to the construction thereof (including, without limitation, the demolition and removal of any unapproved improvement) if such improvements were commenced or constructed in violation of this Declaration, including the Design Guidelines. In addition, the Board of Directors may, in its sole discretion, cause the Association to carry out such restoration, demolition and removal if the Owner fails to do so. The Board of Directors may levy the4@mount of the cost of such restoration, demolition and removal as a special assessment against the upon which such improvements were commenced or constructed (without the Member approval) and shall have all the rights and remedies to enforce cg provided by law and by this Declaration. Buildings or other improvements i in accordance with this Declaration and having received any neces Architectural Reviewer in connection with their initial construction, ma and restored in accordance with the standards in force at the time-of notwithstanding any subsequent amendment or revision of

s Architectural Reviewer in connection with their initial construction, ma and restored in accordance with the standards in force at the time-of notwithstanding any subsequent amendment or revision of Guidelines, subject to any restrictions or requirements of the If such Units or related Building and Improvements are total} new Building and Units or other new improvements gust co: this Declaration and the Design Guidelines in force at the time of their co tion, subject to any restrictions or requirements of the City or other Legal Requirement: I cofstruction, aration or the Design ér Legal Requirements.

Section 5.5 No Liability. Nei Reviewer, the Committee, the Board of employees or agents of any of them, sha specifications to any of them for negligence, or nonfeasance arisjxs failure to approve or disappro plans or specifications and éwy Declarant, the Association, damages to anyone submitting plans and Owner by reason of mistake in judgment, gonnection with the approval or disapproval or afis or specifications. Every person who submits prees that he will not bring any action or suit against ectural Reviewer, the Committee, the Board of Directors, or the officers, directors ployees or agents of any of them, to recover any such damages and hereby retéases sts, and quitclaims all claims, demands and causes of action arising out of or in edn fect nj with any actual or alleged mistake of judgment, negligence or walves the provisions of any law which provides that a general release does not extend . demands and causes of action not known at the time the release is given. afis and specifications by the Architectural Reviewer is not approval thereat for’s B or structural design or adequacy of materials. By approving such plans

not known at the time the release is given. afis and specifications by the Architectural Reviewer is not approval thereat for’s B or structural design or adequacy of materials. By approving such plans ancXgpes, § neither the Architectural Reviewer, the Committee or the members thereof, the Declai fssociation nor the Board of Directors assumes liability or responsibility for CONDOMINIUM DECLARATION - Page 22 safety or adequacy of design, compliance with this Declaration, or for any defect to any structure constructed from such plans and specifications.

ARTICLE VI Maintenance, Alterations, Taxes and Utilities Section 6.1 Maintenance.

(a) Maintenance of Units. All maintenance, repairs and replacements of, in or to any Unit, ordinary or extraordinary, foreseen or unforeseen, including maintenance, repair and replacement of all Systems which are part of such Unit, shall be performed by the Owner of such Unit in accordance with the Maintenance Standard. .

(b) Maintenance of Common Elements. Except as otherwise provided in the Regulations, all the Common Elements shali be maintained by the Associatian i Assessments for such purposes, in accordance with Section 8.1 ef of hy Nothing in this Declaration shall be deemed or construed as rel EGnsyn or misconduct of an Owner or an Owner’s occupants g of the foregoing items are a part of the Parking Spack respect to such Parking Spaces shall be allocated to * Wnefs in accordance with Section 8.2 and Section 8.3 of this Declaration: (c) Maintenance of Easements.

in or to any Easement area, ordinary er exttz maintenance, repair and replacemen™ area, shall be performed by the Own oreseen or unforeseen, including which are part of such Easement

nce of Easements.

in or to any Easement area, ordinary er exttz maintenance, repair and replacemen™ area, shall be performed by the Own oreseen or unforeseen, including which are part of such Easement Unit, or Limited Common Element grea is located and in accordance with the Maintenance Standard. If " agea is located in a General Common Element, then all maintenance, rep 4 placepfents of, in or to any Easement area, ordinary or extraordinary, foreseg fore , including maintenance, repair and replacement of all Systems which are p4 uchZasement area, shall be performed by the Association yom or over any portion of the Common Elements or from any pipe, appliance or equipment which the Association is responsible to maintain to any Owner or occupants of any Unit for loss or damage, by theft or of any property which may be stored in or upon any of the Common Elements CONDOMINIUM DECLARATION - Page 23 or (iii) to any Owner or occupants of any Unit for any damage or injury caused in whole or in part by the Association’s failure to discharge its responsibilities under this Section 6.1.

Section 6.2 Failure of Owner to Maintain Unit or Easements. If the Association or any Owner fails or neglects to maintain, repair or clean its Unit or the area covered by the Easements as required by Section 6.1 and Section 3.8, respectively, of this Declaration, or any Limited Common Element appurtenant thereto, required to be maintained by such Owner pursuant to this Declaration or any Regulations, and such failure or neglect continues for ten (10) days after such Owner’s receipt of written notice of such neglect or failure from the Association (or an Owner, if the obligation is required to be performed by the Association) or immediately in

(10) days after such Owner’s receipt of written notice of such neglect or failure from the Association (or an Owner, if the obligation is required to be performed by the Association) or immediately in the case of neglect causing immediate damage or harm to persons or property, then the Association (or an Owner, if the obligation is required to be performed by the Association) acting on its own behalf may, but shall not be obligated to, enter the Unit, upon the area covered by the Easement or the Limited Common Element, as applicable, and take appropriate steps to perform, or cause to be performed, the maintenance, repair, cleaning and replacement k manner as required by this Declaration; provided, however, that if the Association de perform such maintenance on behalf of the defaulting Owner, any other Owner right to enter such Unit or upon the area subject to such Easement and perfor performed the maintenance required by this Declaration. The defauitir ( Association, as the case may be, shall, upon demand, reimburse the Asspeta making such repairs or maintenance, as applicable, for all costs and expe of its rights in this Declaration.

ed tg exercise Section 6.3 Disputes. Any Dispute arising among thé Own S to the proper person to bear a maintenance cost or expense shall be resolved in dan ith Article XI of this Declaration.

SS, ents by Owner. Subject to the 0 ehh Declarant) shall: (a) make any exjent visible from any other Unit, the 9 structural or non-structural; (b) make Section 6.4 Additions, Alterations or Im provisions of the Governing Documents, no Owng addition, alteration or improvement in suck Minit, 9 Common Elements or the exterior of the Bud % any addition, alteration or improvement t Sorh Element; (c) change the floor plan and

cuments, no Owng addition, alteration or improvement in suck Minit, 9 Common Elements or the exterior of the Bud % any addition, alteration or improvement t Sorh Element; (c) change the floor plan and layout of such Unit or (d) make a gés to the configuration or size of any Unit, create apertures in or otherwise r&h y partition wall separating such Unit from any adjoining Unit or relocate the ig uch Unit and any adjoining Unit without the ich approval may be withheld in the sole and absolute However, in no event shall any such alteration, € structural support of any Unit, the Common Elements All work done in accordance with this Section 6.4 shall be th § plans approved by the Architectural Reviewer, all Legal or any System serving g done in compliance Requirements and-tt CONDOMINIUM DECLARATION - Page 24 ADDITIONS, ALTERATIONS OR IMPROVEMENTS. ANY OTHER OWNER SUBMITTING PLANS HEREUNDER, BY DISSEMINATION OF THE SAME, AND ANY OWNER, BY ACQUIRING TITLE TO THE SAME, AGREES NOT TO SEEK DAMAGES FROM THE ARCHITECTURAL REVIEWER, ITS OFFICERS AND DIRECTORS, ARISING OUT OF ARCHITECTURAL REVIEWER’S REVIEW OF ANY PLANS HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ARCHITECTURAL REVIEWER, ITS OFFICERS AND DIRECTORS, SHALL NOT BE RESPONSIBLE FOR REVIEWING, NOR SHALL ITS OR THEIR REVIEW OF ANY PLANS BE DEEMED APPROVAL OF, ANY PLANS FROM THE STANDPOINT OF THE STRUCT URAL SAFETY, SOUNDNESS, WORKMANSHIP, MATERIALS, USEFULNESS, CONFORMITY WITH BUILDING OR OTHER CODES OR INDUSTRY STANDARDS OR COMPLIANCE WITH THE GOVERNING DOCUMENTS AND ALL LEGAL REQUIREMENTS. FURTHER, EACH OWNER AGREES TO INDEMNIFY AND HOLD ARCHITECTURAL REVIEWER AND ITS RESPECTIVE OFFICERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, DAMAGES, EXPEN OR

L REQUIREMENTS. FURTHER, EACH OWNER AGREES TO INDEMNIFY AND HOLD ARCHITECTURAL REVIEWER AND ITS RESPECTIVE OFFICERS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, DAMAGES, EXPEN OR LIABILITIES WHATSOEVER, ARISING AS A RESULT OF THE REVIE Y PLANS HEREUNDER.

Section 6.5 Mechanic’s Liens: Indemnification. No labor or serge materials furnished and incorporated in a Unit or any Common Element sh filing of a lien against any Unit of any Owner not expressly consenting est or against the Common Elements. EACH OWNER (TQ INT YARISING THROUGH SUCH OWNER) SHALL INDEMNIFY AND ’ THE OTHER OWNERS AND THE ASSOCIATION LIABILITIES AND OBLIGATIONS ARISING FRA MECHANIC’S LIEN AGAINST THE UNIT OF SUCH O NERYTHE UNIT OF SUCH OTHER OWNERS AND/OR THE COMMON ENTS. All contracts for labor, services and/or materials with respect to any of the shall be in compliance with the provisions hereof.

& for and shall pay when ue \Cveshy ental Impositions lawfully levied or assessed to ent-sfich Governmental Impositions are being actively e ish by appropriate legal proceedings, and if requested by the Association, konded or reserved in an amount and manner satisfactory to the Association. oveémmental Impositions lawfully levied or assessed with respect to the Pr6pe separately assessed to the Owners, shall constitute a Common Expense and s. ak be} able by the Association when due.

fe € to Taxing Authorities. Declarant shall give written notice to the apNatetaxing’authorities of the creation of the Condominium established pursuant to xatign. Each Owner shall promptly request and diligently pursue from the § taxing authority separate tax parcel status and a separate tax identification

f the Condominium established pursuant to xatign. Each Owner shall promptly request and diligently pursue from the § taxing authority separate tax parcel status and a separate tax identification pr its Unit. EACH OWNER HEREBY BY ACCEPTANCE OF A DEED TO CONDOMINIUM DECLARATION - Page 25 ITS UNIT SHALL BE DEEMED TO HAVE AGREED, FOR SUCH OWNER, TO HOLD THE DECLARANT, ASSOCIATION, AND ALL OTHER OWNERS HARMLESS FROM ANY LIABILITY RESULTING FROM AN IMPROPER ALLOCATION OF TAX BURDEN BY THE LOCAL TAXING AUTHORITY.

(c) Units Not Separately Assessed. If any Governmental Impositions with respect to the Property are not separately assessed to the Owners of a Unit, each Owner shall pay its respective allocated portion of such Governmental Impositions, which allocations shall be determined in the manner set forth in this Declaration when requested by the Association (but in no event prior to 20 days or later than ten days before the date of delinquency, without any additional notice or grace period) to permit the Association to make full payment of such Governmental Impositions prior to the date on which such Govemmental Impositions would become delinquent; provided that the Association shall not require any Owner to make any payment to the Association for Governmental Impositions to the extent such amounts have already been deposited by such Owner in accordance with any escrow arrangement.

(d) Failure to Pay Governmental Impositions. The Associa’ Mortgagee may pay the portion of Governmental Impositions that any Qwn to pay when due, and the Association or such Mortgagee shall have g Unit to secure repayment thereof, that may be enforced by any means available 4 in equity, including non-judicial foreclosure sale of such Unit ip’geeardgnse With Texas

or such Mortgagee shall have g Unit to secure repayment thereof, that may be enforced by any means available 4 in equity, including non-judicial foreclosure sale of such Unit ip’geeardgnse With Texas Property Code Section 51.002 (as now written or hereafter.am ened: pho ided/however, no such lien for delinquent Governmental Impositions Sialhbé vat unt’a notice of such lien is duly recorded in the Real Property Records df the Cofniy, notwithstanding any applicable statute, law (including case law), equitablé dectring grdinance or regulation that permits any such lien to attach absent such ecordathe é Real Property Records.

Each Owner, by its acquisition of such Unit, gratis a power of sale in connection with such lien in favor of the Association or a gagee that makes payment of the Governmental Impositions on behalf of a Aefg BYwner. Any lien pursuant to this Section 6.6(d) shall have the same i by the Association for Assessments: provided that any such lien for delinqué Mental Impositions shall be subordinate to the lien of any Priority Lien Indebtedhe (e) SiOx OW shall terminate and be of no further force or effect whatsoever, upg of the date upon which (i) each Unit shall be separately assessed & separate tax parcel by the tax assessor and (ii) all the Governm éns due and owing prior to all Units being separately assessed and ate tax parcel by the tax assessor have been paid in full to the appropriate provided, however, that the release of liability in Section 6.6(b) of this Rall survive the termination of this Section 6.6 and remain in effect for the of this Condominium’s existence.

duration CONDOMINIUM DECLARATION - Page 26 Section 6.7 Utilities. Each Owner shall be responsible for and shall pay all charges

n effect for the of this Condominium’s existence.

duration CONDOMINIUM DECLARATION - Page 26 Section 6.7 Utilities. Each Owner shall be responsible for and shall pay all charges for gas, electricity, water and other utilities relating to such services used or consumed at or with respect to the occupancy of the Unit, to the extent such charges are separately metered by the respective utility companies. Any utility charges not so separately metered, and charges relating to such services used in connection with the use and maintenance of the Common Elements, shall constitute a Common Expense and be payable by the Association.

ARTICLE VII Insurance Section 7.1 Requirements. All insurance coverage required to be obtained pursuant to this Article VILor purchased at the election of an Owner or the Association shall: (a) be in such form, approved by the Association and issued by responsible insurance companies licensed to do business in the State of Texas and shall be rated by Best’s Insurance Guide (or any successor publication of comparable standing) as “A-\VI” or better; {b) not be brought into contribution with insurance purch Owners or the Association, as applicable: and (c) provide that insurance trust agreements shall be req6 Section 7.2 Insurance by the Association. Co of any Unit to an Owner other than Declarant, the Assod {a) insurance coverage required pursuant to the Act and suck forth in the Bylaws and (b) at the expense of tk Indebtedness, such other insurance (or additional coverage require. The Association shall carry such other ox-athii against such risks as the Association sn we Common Elements or operation of the acis he-first conveyance obtain and maintain ance coverage as set acurring such Priority Lien as such Owner’s Mortgagee shall

st such risks as the Association sn we Common Elements or operation of the acis he-first conveyance obtain and maintain ance coverage as set acurring such Priority Lien as such Owner’s Mortgagee shall insurance in such amounts and mi necessary with respect to the addition, each insurance policy ac Owner is named as an insured under such policies with respect to liability ariSing >the Owner’s ownership of an undivided by any Owner, unless validly ex¢ condition to recovery under a loss under the policy any @ policy, Unless indicated othé Association pursuant to/tt nsurance covering the same property covered by the he Premiums for all insurance coverages maintained by the 7.2 shall constitute a Common Expense, and shall be Section 74 asurance on Unit. The Unit Owner shall provide and maintain, at its ; XCEL, property insurance, worker’s compensation insurance and other MUits and upon such terms as described in the Bylaws, and, subject to the Article VII, such other or additional insurance in such amounts and against insurance, oth CONDOMINIUM DECLARATION - Page 27 such risks as the Unit Owner shall reasonably deem necessary with respect to the improvements, facilities and contents within their Unit.

Section 7.4 Other Units. Commencing upon the conveyance of any other Unit to an Owner, such Owner shall obtain and maintain, at its sole cost and expense, insurance coverage as required in the Bylaws. Such Owners Shall, subject to the other terms of this Article VIL, carry such other or additional insurance in such amounts and against such risks as such Owners shail reasonably deem necessary with respect to the Improvements, facilities and contents within such Unit, at their sole cost and expense,

urance in such amounts and against such risks as such Owners shail reasonably deem necessary with respect to the Improvements, facilities and contents within such Unit, at their sole cost and expense, Section 7.5 Association as Insurance Trustee for the Owners. By acceptance of a deed to a Unit, each Owner shall be deemed to have irrevocably appointed the Association as the Insurance Trustee. All property insurance policies required to be obtained by the Association as described in this Article VII shall be issued in the name of the Association as Insurance Trustee for the Condominium. Loss payable provisions shall be in favor of the Insurance Trustee as a trustee for the Association, each Owner and each such Owner’s Mortgagee. The | Trustee shall not be liable for the payment of premiums, nor the renewal or suffici policies, except those policies required to be purchased and maintained by the pursuant to this Article VI and the Bylaws. The duty of the Insurance T receive such proceeds as are paid and to hold the same in trust for the pu Article VH and in Article IX of this Declaration, and for the benefit of e Declarant, and such Owner’s Mortgagee, if any.

Section 7.6 Other.

r shall be liable for tion or for any loss or is becatiS€Such insurance coverage is (a) Neither the Association, Declarant n failure to obtain any insurance coverage requi damage resulting from such failure, if such £ not reasonably available.

(b) Neither the Associatic insurance where: (i) under the te contributions or assessments may be lien against the Condominium; (ij loss payments are conté#Pent policyholders or memb i insurance conditions yh QWner shall obtain any policy of arrier’s charter, bylaws or policy, the Owner or Mortgagee or become a sums of the carrier’s charter, bylaws or policy,

policyholders or memb i insurance conditions yh QWner shall obtain any policy of arrier’s charter, bylaws or policy, the Owner or Mortgagee or become a sums of the carrier’s charter, bylaws or policy, action by the carrier’s board of directors, pélicy includes any limiting clauses (other than cond prevent the Association, Owners or Mortgagees from § purchased by the Association and the other Owners I shall not cover claims against any other Owner or its Designees gnis occurring within that other Unit, or casualty, theft or loss to the conte fer Unit.

Eath Owner, their Tenants and their respective Designees waive any claim € against the other Owners, their Tenants and their respective Designees, rs of the Board of Directors, any Manager or the Association, and the & memy CONDOMINIUM DECLARATION - Page 28 members of the Board of Directors, any Manager or the Association waive any claim they might have against an Owner, their Tenants and their respective Designees, for (i) any damage to or theft, destruction, loss or loss of use of any property or Gi) any damage due to personal or bodily injury, to the extent the same is insured against under any insurance policy of the types described in the Bylaws that covers the Property, such Owner’s, Tenant’s, or the Association’s fixtures, personal property, improvements, or business, or is required to be insured against under the terms of the Bylaws, REGARDLESS OF WHETHER THE NEGLIGENCE OF THE OTHER OWNER, ITS TENANTS, OR THEIR RESPECTIVE DESIGNEES, ANY MEMBER OF THE BOARD OF DIRECTORS, ANY MANAGER OR THE ASSOCIATION (AS APPLICABLE) CAUSED SUCH (X) DAMAGE TO OR THEFT, DESTRUCTION, LOSS OR LOSS OF USE OF, ANY PROPERTY OR INCONVENIENCE OR (¥) DAMAGE TO THE PERSON OR PERSONS DESCRIBED HEREIN. Each

OR THE ASSOCIATION (AS APPLICABLE) CAUSED SUCH (X) DAMAGE TO OR THEFT, DESTRUCTION, LOSS OR LOSS OF USE OF, ANY PROPERTY OR INCONVENIENCE OR (¥) DAMAGE TO THE PERSON OR PERSONS DESCRIBED HEREIN. Each Owner shall cause its respective insurance carrier to endorse all applicable policies waiving each such carrier’s rights of recovery under subrogation or otherwise against the other Owners, their Tenants and their respective Designees, the members of the Kokrd of Directors, any Manager and the Association and the members of the Board o9£Ditectors, any Manager and the Association shall cause their respective insurance carrié all applicable policies waiving the carrier’s rights of recovery undey otherwise against the Owners, their Tenants and their respective Desig: ARTICLE VII Assessments Section 8.1 Monthly and Special Assessments by\ shall possess the right, power, authority and objigation Assessment for payment of the Common Expenses for in this Declaration. In addition, the Associatio obligation to establish Monthly Assessments, Spegfg as described in Section 6.1(c) and Section 8M wf this Cy ion.

ye Ociation shall possess the right, power, Cgular Monthly Assessment sufficient in the gmmon Expenses when due and to maintain an ex” Such Monthly Assessments so established shall t day of each calendar month, and shall be applied to suses for which the Association is responsible, including e¢ Common Elements.

h a regular Monthly ch Special Assessments as provided ve the right, power, authority and for Common Expenses. Prior to the commencement of each \eSotiation, the Association shall prepare and deliver to each of the . Stich Budget shall be in sufficient detail so as to inform each Owner ax? extent of the Common Expenses anticipated to be incurred in the

on, the Association shall prepare and deliver to each of the . Stich Budget shall be in sufficient detail so as to inform each Owner ax? extent of the Common Expenses anticipated to be incurred in the ogi year, shall include Additional Assessments set forth on budgets prepared other Owners and received by the Association, and shall be accompanied by a € setting forth each Owner’s monthly share thereof and the date as of which such CONDOMINIUM DECLARATION - Page 29 Monthly Assessment commences to be payable. No further communication shall be necessary to establish the amount of each Owner’s obligation regarding the Monthly Assessment payable hereunder, and the failure of the Association to timely deliver such Budget shall not excuse or relieve an Owner from the payment of the Monthly Assessments contemplated hereby, in which case, each Owner shall continue to pay to the Association an amount equal to such Owner’s Monthly Assessment as established pursuant to the most recent Budget delivered to the Owners. Any Budget prepared and delivered to the Owners as contemplated in this Article VI_may be amended as and to the extent reasonably necessary, and the amount of an Owner’s Monthly Assessment changed to correspond therewith.

(c) Special Assessments by Association. In addition to the Monthly Assessments contemplated by Section 8.1(a) and Section 8.1(b) of this Declaration, the Association shall possess the right, power, authority and obligation to establish Special Assessments from time to time as may be necessary or appropriate in the judgment of the Association to pay non-recurring Common Expenses relating to the proper maintéha care, alteration, improvement, replacement, operation and managemen Condominium and the administration of the Association.

ociation to pay non-recurring Common Expenses relating to the proper maintéha care, alteration, improvement, replacement, operation and managemen Condominium and the administration of the Association.

Section 8.2. Parking Space Assessments.

(a) Parking Costs Expenses. The Association s Monthly Assessment sufficient to pay the Parking Expense so established shall be payable by the Owners entitled (subject to reallocation as provided in Section 8.2(a) 6 of each calendar month to the Association for appl € payment of Parking Expenses. No Owner entitled under this Declaxation tONQ T use all or any portion of the Parking Spaces may waive or otkeMwise escape liability for Additional Assessments through the Parking Expenses b & whether voluntary or involuntary, of the Parking Spaces or abandonment of thé1 p the same. Should any Owner be entitled to the exclusive right to oc of portion of the Parking Spaces as part of Limited Common Elements for su y a Parking Agreement, such Owner shall be responsible for payment o arking Expenses directly related to such Parking Spaces.

4ration) on the first day (b) Ass g . The Association may establish Special Assessments } gssary in the reasonable judgment of the Board of the Association for th 3 {fepair and restoration costs of the Parking Spaces he amount of collectible Insurance Proceeds received by gide. Niphe Association elects to levy such a Special Assessment, all the Owners e fieay pccupy or use any portion of the Parking Spaces shall pay a sesanent-detérmined by dividing the total number of the Parking Spaces by the paces assigned for exclusive use to a Owner, multiplied by the total age, which shall be collected by the Association.

Ke Additional Assessments. The Association shall possess the right, power,

by the paces assigned for exclusive use to a Owner, multiplied by the total age, which shall be collected by the Association.

Ke Additional Assessments. The Association shall possess the right, power, autho a yligation to establish an Additional Assessment sufficient in the Owner’s CONDOMINIUM DECLARATION - Page 30 reasonable judgment to pay Charges due to an Owner or the Association for the ensuing year.

Additional Assessments so established shall be payable by the applicable Owners on the first day of each calendar month to the Association, which will in turn deliver the same to the Owner which incurred such Charges. Prior to the commencement of each fiscal year of the Association, each Owner shall prepare and deliver to the Association a budget setting forth the anticipated Charges it will incur for the ensuing year. Such budget shall be incorporated into the Budget and shall be in sufficient detail so as to inform each applicable Owner of the nature and extent of the Charges anticipated to be incurred, and shall be accompanied by a statement setting forth each applicable Owner’s monthly share thereof and the date of commencement of payment of such Additional Assessments. No further communication shall be necessary to establish the amount of an Owner’s obligation regarding the Additional Assessments payable hereunder, and the failure of any Owner to timely deliver such budget to the Association or the failure of the Association to timely deliver the Budget to an Owner shall in no event excuse or relieve an Owner from the payment of the Additional Assessments contemplated hereby, in which case, an Owner shall pay to the Association an amount equal to such Owner's Additional Assessments as

e or relieve an Owner from the payment of the Additional Assessments contemplated hereby, in which case, an Owner shall pay to the Association an amount equal to such Owner's Additional Assessments as established pursuant to the most recent Budget delivered to such Owner. In addition Additional Assessments established in this Section 8.3, each Owner shall possess power and authority to cause the Association to establish an Assessment, from time one-time or non-recurring Additional Assessments due to such Owner from anoth¢ Section 8.4 Qbligation_to Pay Assessments. Each Owner obligated to pay the Owner’s share of all Assessments duly estably Declaration to the Association. Unpaid Assessments due as of the transfer of a Unit shall not constitute a personal obligation of thé Owner’s pro rata share of any reallocation thereof); however, the be personally liable for such unpaid Assessment. No Owner sh liability for the Owner’s obligation to pay such Assessments by Wa of the Common Elements or the facilities as to which Parking Spaces, as applicable, by an abandonme otherwise. Any Assessment not paid within five d4 of the use and enjoyment dditional Assessments relate, or the Unit or by any other action or te due shall bear interest at the together with interest as aforesaid be the responsibility of the Association to competent jurisdiction sitting in the Cow collect any such delinquent Assess YAS nt, thé € of which shall be made known by written € requested, the Owner’s Mortgagee.

oA ner dodsuvhe Section 8.5 Lien SAS ent of Assessments. Declarant hereby reserves and assigns to the Association aSlies to the provisions of the Act, against each Unit, the a er Xd the Insurance Proceeds to which an Owner may be wl Assessments, which lien shall be and constitute a lien and

gns to the Association aSlies to the provisions of the Act, against each Unit, the a er Xd the Insurance Proceeds to which an Owner may be wl Assessments, which lien shall be and constitute a lien and Association, upon such Unit, the Rents, and any Insurance in this Declaration shall be prior and superior to all other liens Proceeds. The lie Nhlishe and encup ppt Badger) created upon such Unit, Rents and Insurance Proceeds, r 1 de ATS & encumbrance, in favo br te ated, evidenced or perfected, other than the lien securing the payment of Priory Lie @ness (provided such lien was recorded prior to the date on which the Asse e delinquent), the liens for Governmental Impositions and any rights of any managex Undef A management agreement in relation to the Condominium. The liens and CONDOMINIUM DECLARATION - Page 31 encumbrances created in this Declaration may be enforced by any means available at law or in equity, including a non-judicial foreclosure sale of the Unit of a defaulting Owner; such sale to be conducted in the manner set forth in Texas Property Code Section 51.002 (as now written or as hereafter amended). Each Owner, by acquisition of such Unit, grants to the Association a power of sale in connection with the Association’s liens. By written resolution, the Association may appoint, from time to time, an officer, agent, trustee or attorney of the Association to exercise the power of sale on behalf of the Association, The Association may bid for and purchase the Unit, as a Common Expense, at any such foreclosure sale. Payment of proceeds resulting from such foreclosure sale to be applied toward outstanding Assessments shall be in the following order of priority: first, Assessments owing to the Association including all costs,

proceeds resulting from such foreclosure sale to be applied toward outstanding Assessments shall be in the following order of priority: first, Assessments owing to the Association including all costs, expenses and attorneys’ fees relating to the foreclosure; second, Assessments owing the Association for Parking Spaces; and third, Assessments owing to the Owners levying Additional Assessments. The foreclosure of a lien encumbering a Unit in order to satisfy the Priority Lien Indebtedness will extinguish the subordinate lien for any Assessments which became payable prior to the date of such foreclosure sale, provided that in no event shall a defaulting O relieved from liability incurred for past Assessments.

Section 8.6 Commencement of Obligation to Pay Assessments. Each Ov other than Declarant, shall be obligated to commence payment of all Assessments agay the date the Unit is conveyed to the Owner. If such date is other than the fix?

Unit based on the number of days during such month that the Owner Prior to the commencement of the obligation to pay the initial M shall pay all the Common Expenses of the Condominium (ex reserves and less Assessments payable by the other O contained in this Declaration shall prevent Declarant from } Unit at closing any expenses, such as Governmental extent that Declarant prepaid such expenses on behal ded, however, nothing yom the purchaser of a : BSurance premiums, to the Unit being purchased.

ults in the Owner’s monetary ofher lienholders of the default and the Section 8.7 Notice of Default. If ay obligations to the Association, the Associati6> Association’s intent to foreclose its lien. The lien or duly perfected mechanic’s lien agat Which has given the Association a written

of Default. If ay obligations to the Association, the Associati6> Association’s intent to foreclose its lien. The lien or duly perfected mechanic’s lien agat Which has given the Association a written request for notification of the Ovpgr's net efault or the Association’s intent to foreclose its lien.

> Nothing contained in this Declaration shall prohibit f foreclosure or from filing suit to recover a money Section 8.8 Alterfidtp the Association from taking Section 8.9 Association shall pre CONDOMINIUM DECLARATION - Page 32 such is prepared, the most recent annual audited financial statement available). Any Owner or Mortgagee may have an audited statement of the Association prepared at its own expense.

Section 8.10 Subordination of Lien for Assessments. The lien for the payment of Assessments shall be subordinate to the lien of any mortgage or deed of trust that secures Priority Lien Indebtedness that was recorded prior to the date any such Assessment becomes delinquent under the provisions of this Declaration.

Section 8.11 Working Capital Contributions.

The purpose of said fund is to ensure that the Association will have adequate cash available to meet expenses contemplated herein, as well as any unforeseen expenses, and to acquire additional equipment or services deemed necessary or desirable. Amounts so paid into the working capital fund shall not be considered an advance payment of any Subdivision Regular Assessment, special assessment or other assessments which may be due with respect to such Lot. Working Capital Contribution shall be $350.00 fo each Lot acquired.

(a) Each Owner, other than Declarant, shall, at the time such Oy a Unit from Declarant, contribute an amount to the Association equa

Working Capital Contribution shall be $350.00 fo each Lot acquired.

(a) Each Owner, other than Declarant, shall, at the time such Oy a Unit from Declarant, contribute an amount to the Association equa Capital Contribution. Such amount shall be a contribution of work‘ Association and shall not be considered as an advance payment of (b) Any purchaser of a Unit from an Ow contribute an amount to the Association equal to the W apital-Contribution at the time of purchase. Such amount shall be a contrikuti prking capital to the any Assessments.

Section 8.12 Resale Certificates. The AssoctatiOy or Manager shall provide to each Owner in connection with a conveyance of its Unijs Onddminium Resale Certificate and/or Condominium Information Statement, as requi Certificate shall include (without limitation dtion’s current operating budget and ¢ Association or its Manager that are associated with the transfer of ownership eluding a description of each fee, to whom the fee is paid, and the amount of UOfee: Section 9.1 Elements or any part written notice of Any Sut age. The following provisions shall govern if the Common gre damaged or destroyed by fire or other casualty: (a) prompt 4l damage or destruction shall be given (i) by the affected Owner gtion, and (ii) by the Association to all of the Mortgagees; (b) the mptly proceed with the full restoration and repair of such damage or the Condominium is terminated; (ii) repair or replacement would be illegal Requirement: or (iii) the Owners holding at least 80% of the votes in the ding each Owner of a Unit to which a Limited Common Element that will not CONDOMINIUM DECLARATION - Page 33 be rebuilt or repaired is assigned, vote not to rebuild: (c) the amount by which such restoration

which a Limited Common Element that will not CONDOMINIUM DECLARATION - Page 33 be rebuilt or repaired is assigned, vote not to rebuild: (c) the amount by which such restoration and repair costs exceed collectible Insurance Proceeds shall be and constitute a Special Assessment payable by the Owners within 60 days of the date notice of such Special Assessment is delivered by the Association, in accordance with Section 8.1(c) and Section 8.2(b), respectively, of this Declaration: (d)any excess Insurance Proceeds remaining after such restoration and repair, or any insurance or sales Proceeds available absent such restoration and repair, shall be received and held in trust by the Insurance Trustee in separate accounts for each Owner, as their interests may appear (with any proceeds attributable to Limited Common Elements allocated among the Owners of the Units to which such Limited Common Elements were assigned in this Declaration and any other proceeds allocated in accordance with the Allocated Interests of the Owners), and distributed as follows: (i) first, to the payment of any Governmental Impositions in favor of any assessing entity having authority with respect to the Common Elements or such Unit; (ii) second, to the payment of the balance of the Priority Lien Indebtedness of such Owner; (iii) third, to the payment of any delinquent Assessment with respect to such Unit and (iv) the balance, if any, to each Owner entitled thereto: provided, however, that if the Parking Spaces are damaged Common Elements, the amount by w restoration and repair costs exceed collectible Insurance Proceeds shall be and gensh Special Assessment payable by the Owners entitled to use the Parking Spaces wifhin 30 days

ements, the amount by w restoration and repair costs exceed collectible Insurance Proceeds shall be and gensh Special Assessment payable by the Owners entitled to use the Parking Spaces wifhin 30 days after the date notice of such Special Assessment is delivered by the Associatigf,4 with the sharing allocations and other provisions described in Section 8.2(b) of tht Section 9.2. Damaged Units. The following provisions sha Damaged Unit: (a) prompt written notice of any substantial damage by the Owner of the Damaged Unit to the Association and th¢ (b) the Owner of the Damaged Unit shall promptly proceed such damage or destruction unless: (i) the Condominium is te would be illegal under any Legal Requirement or (ij votes in the Association, including the Owner of the except as otherwise provided in Section 9.6 of thi Unit shall pay all costs of such restoration, repair A net proceeds of the collectible Insurance Précdeds af! be given ot thé Damaged Unit; estoration and repair of {) repair or replacement ers holding at least 80% of the ged Unit, vote not to rebuild and (c) ion, the Owner of each Damaged lent or rebuilding in excess of the Section 9.3. Obsolescence of C 100% of the Allocated Interests purposes of considering same, th i which serve only, or are a pa proceed with the necessa established for such purpogg payable by ali the Owne Hents. Ifthe Owners holding not less than eeting of the Association duly called for ements, or any part thereof, (or any Systems Ufits), are obsolete, the Association shall promptly > and improvements thereto pursuant to a budget sost thereof shall be and constitute a Special Assessment days of the date notice of such Special Assessment is Section 9,4 5 . Ifthe Owners holding not less than 80%

ents thereto pursuant to a budget sost thereof shall be and constitute a Special Assessment days of the date notice of such Special Assessment is Section 9,4 5 . Ifthe Owners holding not less than 80% of the votes infhEss he Association duly called for purposes of considertio\ detenmine that the Property is obsolete, the Association, after first obtaining K\0551% of the Mortgagees, shall promptly proceed with the sale thereof in its ent&et) proceeds from such sale shall be received, held and applied for and on account of nner as/provided in the Act.

CONDOMINIUM DECLARATION - Page 34 Section 9.5 The Association as Attorney-in-Fact, Each Owner, by acceptance of a deed to a Unit, hereby irrevocably makes, constitutes and appoints the Association, and each and every one of its successors in interest hereunder, as the Owner’s true and lawful attorney-in-fact, for and in the Owner’s name, place and stead, upon the damage or destruction of the Property, or any part thereof, or upon any determination by the Owners made pursuant to this Article IX, to take any and all actions, and to execute and deliver any and all instruments, as the Association may, in its sole and absolute discretion, deem necessary or advisable to effect the intents and purposes of this Article EX, hereby giving and granting unto the Association full power and authority to do and perform all and every act whatsoever requisite or necessary to be done in and about the premises as fully, to all intents and purposes, as an Owner might or could do, hereby ratifying and confirming whatsoever the Association may do by virtue hereof. The Association is hereby authorized, in the name and on behalf of all the Owners, to do and perform all actions

do, hereby ratifying and confirming whatsoever the Association may do by virtue hereof. The Association is hereby authorized, in the name and on behalf of all the Owners, to do and perform all actions necessary or appropriate to effect the intent and purposes of this Article IX as aforesaid, including the power and authority to make and settle claims under any insurance policies maintained by the Association, contract for and with respect to restoration and repair work, contract for and with respect to replacements and improvements to the Common Element extent authorized as contemplated by Section 9.3 of this Declaration), to contract fp respect to a sale of the Property (to the extent contemplated by Section 9.4 of thi and to execute and deliver all instruments necessary or incidental to any such act Section 9.6 Matters Relating to Restoration and Repairs.

tepair work undertaken by the Association or an Owner pursuant to performed in a good and workmanlike manner in order to ye condition similar to that existing prior to such damage or des : owever, that in no event shall the Association be responsible for resto hiring or replacing any improvements to a Unit made by an Owner, or the content y such Unit. All such restoration and repair work, whether done by the Assocs 5 wafer, shall be effected in a manner so as to observe all vertical and horizontal Un} daries existing prior to such damage or destruction. If an Owner or the Owners decide to rt repair any Unit in excess of its full replacement cost, such Owner or Owners sha le for any such costs exceeding the full replacement value of such Unit; pra that if the Owners holding not less than 67% of the Allocated Interests shall vote h expenses, such additional expenses,

ha le for any such costs exceeding the full replacement value of such Unit; pra that if the Owners holding not less than 67% of the Allocated Interests shall vote h expenses, such additional expenses, to the extent they exceed the replace! pf such Unit, shail constitute a Special Assessment.

Section 10.1 CONDOMINIUM DECLARATION - Page 35 appraisers, architects, engineers, expert witnesses and other persons as the Association in its discretion deems necessary or advisable to aid or advise it in matters relating to such proceedings. Any restoration or repair of the Property following a partial Taking shall be performed in accordance with the provisions of this Declaration and shall follow, as nearly as possible, the original plans and specifications for the Property, unless otherwise approved by all the Mortgagees.

Section 10.2. Taking of All or Substantially All of One Unit. If a Unit (or a substantial part thereof such that the remnant may not practically or lawfully be used for any purpose permitted by this Declaration) is subject to a Taking, the Owner and any Mortgagee of such Owner shall be entitled to the award for such Taking, including the award for the value of such Owner’s interest in the Common Elements, whether or not such Common Element interest is acquired, and, after payment thereof, such Owner and any Mortgagee of such Owner shall be divested of all interest in the Property. In such event, the condemned Unit’s entire Allocated Interest shal! be automatically reallocated to the remaining Units in proportion to the respective Allocated Interests of those Units before the Taking, unless the decree relating to the(Teki provides otherwise. A remnant of a Unit remaining after part of a Unit is the subject fa

to the respective Allocated Interests of those Units before the Taking, unless the decree relating to the(Teki provides otherwise. A remnant of a Unit remaining after part of a Unit is the subject fa described in this Section 10.2 shall be a Common Element. If any repair or rebuftdinoS remaining portions of the Property is required as a result of such Taking, the re; shall determine by the affirmative vote or written consent of the remaining less than 80% of the votes in the Association either to rebuild or repair the such other action as such remaining Owners may deem appropriate. | shall be required, or if none be undertaken, the remaining port resurveyed, if necessary, and this Declaration shall be amended Declaration shall in all circumstances be amended to reflect following the Taking.

Section 10.3 Partial Taking of a Unit.

Taking, such that the remaining portion of such Unit ¢a purpose permitted by this Declaration, the Owner sha including the award for the value of such Oger’ s not such Common Element interest is acquire such Taking shall be reduced and the Alloestes Taking. This ated Allocated Interests bot a portion of a Unit is subject to a SYcally and lawfully be used for any Zed to the award for such Taking, a the Common Elements, whether or located Interest of the Unit subject to $ of the other Units shall be increased in Owner of such Unit, at its sole cost and wuild the remaining portions of such Unit as nearly eto such Taking.

expense, shall promptly repair, rg as possible to the condition whi CONDOMINIUM DECLARATION - Page 36 acting as trustee for each Owner, and their Mortgagees, as their interests shall appear, and any amounts not used for repair or restoration of the remaining Common Elements shall be divided

\1825416.1 acting as trustee for each Owner, and their Mortgagees, as their interests shall appear, and any amounts not used for repair or restoration of the remaining Common Elements shall be divided among the Owners in proportion to each Owner’s Allocated Interest before the Taking, except that such portion of any such award attributable to the condemnation of a Limited Common Element shall be divided among the Owners of the Units served by such Limited Common Elements, as such Owners’ interests existed in the Limited Common Elements condemned. The Owners shall determine by the affirmative vote or written consent of the Owners holding not less than 80% of the votes in the Association either to rebuild or repair the remaining Common Elements or to take such other action as the Owners may deem appropriate. If it is determined that such Common Elements should be replaced or restored by obtaining other land or building additional structures, this Declaration and the Map attached hereto shall be duly amended by instrument executed by the Board of Directors on behalf of the Owners and recorded in the Condominium Records. If all or any portion of the Parking Spaces is/are Taken, the amount of the Parking Expenses allocated to any Owner who is no longer capable of occupying or using the Parking Spaces that are part of the Limited Common Elements for such Owner’s Unit rising solely as a result of such Taking, shall be automatically reallocated to the remaining Uhits i proportion to their share of the Parking Expenses as described in Section 8.

Declaration.

Section 10.5 Taking of Several Units. If an eminent domain proceédif Taking of all or part of multiple Units, then the damage and awards fop-su aking determined and paid for each Unit as described in Section 10.2 afi Seat S

Several Units. If an eminent domain proceédif Taking of all or part of multiple Units, then the damage and awards fop-su aking determined and paid for each Unit as described in Section 10.2 afi Seat S Declaration, and the following shall apply: (a) the Association sbattdete chive} ich Of the Units damaged by such Taking may be practically and iawfully used pose“permitted by this Declaration, taking into account the nature of the Property a ed size of each Unit so damaged; (b) if the remaining Owners shall determine by the'gff ‘vote or written consent of the remaining Owners holding not less than 80%. e e Association, with the written consent of 51% of the Mortgagees, that it iSNg easonably practicable to operate the undamaged Units and the damaged Units which casa actically and lawfully used for any e dudominium project in the manner Ried to be regrouped and merged into é by all the remaining Owners, as Ocated Interest of each Owner (after reallocation mirigted, then the damages and awards made with ahd lawfully used for any purpose permitted by this Declaration shail be applied econstruct such Unit as provided in Section 10,3 of this Declaration. If the cosp dk exceeds the amount of the award, the additional funds required shall be assessed-pr} Pataagafnst the Owners of those Units which are being repaired or reconstructed. With reé é Units which may not be practically or lawfully used for any purpose permitted b <laration, after payment of the award, such Owner and any O all be divested of all interest in the Property and the condemned interest shali be automatically reallocated to the remaining Units in esperttive Allocated Interests of those Units before the Taking, unless the

sted of all interest in the Property and the condemned interest shali be automatically reallocated to the remaining Units in esperttive Allocated Interests of those Units before the Taking, unless the he/Taking provides otherwise. A remnant of a Unit remaining after part of a of a Taking, if the remnant of such Unit cannot be practically or lawfully used respect to each Unit which cg CONDOMINIUM DECLARATION - Page 37 rebuilding of the remaining portions of the Property (other than Units which can be practically and lawfully used for any purposed permitted by this Declaration) is required as a result of such Taking, the remaining Owners shall determine by the affirmative vote or written consent of the remaining Owners holding not less than 80% of the votes in the Association either to rebuild or repair the Property or to take such other action as such remaining Owners may deem appropriate.

If no repair or rebuilding shall be required, or if none be undertaken, the remaining portion of the Property shali be resurveyed, if necessary, and this Declaration shall be amended to reflect such Taking. This Declaration shall in all circumstances be amended to reflect the re-allocated Allocated Interests following the Taking.

Section 10.6 Complete Taking of Property. If all of the Property is the subject of a Taking, all damages and awards shall be held by the Association, acting as trustee, for the accounts of all the Owners and their Mortgagees, as their interests shall appear, and shall be paid to or for the accounts of the Owners in proportion to their Allocated Interests and this Condominium shall terminate upon such payment.

r Mortgagees, as their interests shall appear, and shall be paid to or for the accounts of the Owners in proportion to their Allocated Interests and this Condominium shall terminate upon such payment.

Section 10.7 Payment of Awards and Damages. Any damages or awards provided in this Article X to be paid to or for the account of any Owner by the Association, acting shall be applied first to the payment of any Governmental Impositions past due a1 respect to that Unit; second, to any Priority Lien Indebtedness on that Unit; thig of any Assessments charged to or made against the Unit and unpaid; and fin ARTICLE XI Section 11.1. Mediation. Ali Disputes, except those which are not resolved within 15 days after same “have ari provided elsewhere in the Governing Documents) shall Se ssbmitted for, or determined by, nonbinding mediation. Mediation of any Dispute shal itt demand therefor to the other Owner or O si Such Dispute and the Association; provided, however, if the Association is a p Dispute the Association shall have the right to elect not to be governed by the-pr this Article XI by giving to the Owner or Owners, within ten days after the Ag eceipt from such Owner or Owners of a demand for mediation of a DisKg i governed by the provisions of er antl to instead exercise the Association’s remedies at law or in equity. With fespect<to 3, mediation, the parties shall, within ten days after delivery of such written no the AgsdCiation, agree upon a mediator who is: (i) a reputable person actively engaged in if ial real estate industry for a continuous period of not less than ten years and (ii) nétan gre of, or has had material business dealings with any Owner or any member of the A ony n. Ifthe parties are unable to agree upon a mediator, a mediator

eriod of not less than ten years and (ii) nétan gre of, or has had material business dealings with any Owner or any member of the A ony n. Ifthe parties are unable to agree upon a mediator, a mediator having the qualificatidys’set Aorth above shall be appointed by the American Arbitration sville, Texas. Such mediation shall occur within 30 days after the mediatorfha’ pon or appointed and shall occur at a mutually acceptable location in Lewigville, as costs of such mediation services shall be shared equally (but each party e t of their own travel and attorneys’ fees); provided, however, that if the Dispute is not\estved pbrsuant to such mediation, the provisions of Section 11.2 of this Declaration CONDOMINIUM DECLARATION - Page 38 shall govern the payment of attorneys’ fees and costs and expenses of mediation and arbitration under this Article XI.

Section 11.2 Final Offer Arbitration. If the parties are unable to resolve any Dispute at mediation the parties shall submit their Dispute to binding arbitration, no later than 30 calendar days after the parties have reached an impasse at mediation. The parties agree to select a single impartial arbitrator from a list taken from the American Arbitration Association of commercial arbitrators, and if they cannot agree on an arbitrator, each party shall select a person and those two so selected shall then select the single impartial arbitrator who shall thereafter serve as arbitrator with respect to the Dispute. The issues in dispute shall be submitted as “baseball” or final-offer arbitration, whereby each party shall submit what it deems to be its most reasonable position to the arbitrator and the arbitrator shall select one of those two positions,

as “baseball” or final-offer arbitration, whereby each party shall submit what it deems to be its most reasonable position to the arbitrator and the arbitrator shall select one of those two positions, The arbitrator shall have no discretion to select ot award a position other than to select one of those submitted by the parties. To the extent tules governing arbitration are deemed necessary by the arbitrator (or by agreement of the parties), the current Rules for Commercial Médjation and Arbitration promulgated by the American Arbitration Association shall apply. ion of the arbitrator shail be rendered no later than ten days from the initiation of tlfxg jon procedure. The parties may resort to any court of competent jurisdiction for e any other action relating to, the arbitrator’s award. The party or parties whé selected or awarded shail be responsible for all attorneys’ fees, costs and.expe peurred in connection with the mediation and arbitration of a Dispute under this whose position is selected or awarded for the arbitration of the Di Section 11.3 Construction Disputes.

(a) Mediation Required Prior to Agbitratio Onstruction Dispute not resolved within fifteen days after same has dtis&n, shall besa mitted for, or determined by, non-binding mediation as a condition precddem legal or equitable proceedings by any party, i be initiated by any party making a en such Construction Dispute. Any Yr¢ch Industry Mediation Rules of the Aa the Construction Dispute arises.

15 days after demand i ae of any Construction Dispute shall erefor to all other parties involved in bttration Association in effect at the time to such mediation, the parties shall, within bn a mediator who is: (i) a reputable person aindustry or a lawyer experienced in the practice of

s involved in bttration Association in effect at the time to such mediation, the parties shall, within bn a mediator who is: (i) a reputable person aindustry or a lawyer experienced in the practice of § Pyriod of not less than ten years and (ii) not an Affiliate ineSs dealings with any Owner, any member of the ncluding Declarant or an Affiliate of Declarant, involved ¢ Davies are unable to agree upon a mediator, a mediator having forth above shall be appointed by the American Arbitration Wwisville, Texas. Such mediation shall occur within 30 days after geen agreed upon or appointed and shall occur at a mutually acceptable ewiaville, Texas. The costs of such mediation services shail be shared Sach party shall bear the cost of their own travel and attorneys’ fees); ed,\ however, that if the Construction Dispute is not resolved pursuant to such sdiafioy,, the provisions of Section 11.3(d) of this Declaration shall govern the payment of, or has had mk Association, or an in the mediatiop Associatig CONDOMINIUM DECLARATION - Page 39 of attorneys’ fees and costs and expenses of mediation, arbitration or litigation under this Article XI.

Notwithstanding the forgoing or anything to the contrary contained in this Declaration, an Owner and/or the Association must satisfy the requirements under the Act (including, without limitation under Section 82.119 of the Act) prior to initiating any mediation or arbitration procedures hereunder with respect to Construction Disputes involving Declaration or an Affiliate of Declarant. Such requirements shali include, without limitation, (1) obtaining an inspection and written report from a licensed professional engineer of the applicable Building(s) and/or Unit(s) that are the subject of such Dispute

hali include, without limitation, (1) obtaining an inspection and written report from a licensed professional engineer of the applicable Building(s) and/or Unit(s) that are the subject of such Dispute and meets the requirements for such report as set forth in the Act; and (2) obtaining approval from Owners holding at least fifty percent (50%) of the total votes in the Association at a meeting called in accordance with the this Declaration and the Bylaws.

In addition, before conducting the inspection, the Association must notify all parties who may be subject to the Construction Dispute of the date and time of the inspection and allow such parties to attend the inspection, and before scheduling the meeting Owners to vote on pursuing claims regarding such Construction Dispute, the A ation must provide copies of the engineer’s report to each party who may be Construction Dispute and allow each such party at least 90 days to ingfge any condition identified in the engineer’s report. At least 30 days bere meeting of the Owners, the Association must also provide written -eti to all Owners, and the notice must include a description of the copy of the engineer’s report, and other information pertaining t applicable Unit and/or Building(s) that are the subjegf gf the attorneys fees to be incurred in prosecuting the include other information as required under the Act.

(b) Arbitration or Litigation. An struction Dispute not resolved by mediation as described in Section 11.3 eclaration shail be resolved by arbitration (as permitted under Section’ 8% DX the Act) or litigation, which determination shall be made by Declg?y dnt’s sole and absolute discretion. If a litigation proceeding has been broug!

shall be made by the Declarant # proceeding. If an arbitra pfor

litigation, which determination shall be made by Declg?y dnt’s sole and absolute discretion. If a litigation proceeding has been broug!

shall be made by the Declarant # proceeding. If an arbitra pfor election for litigation shy election to the parti proceeding, in whic the party bringing s proceeding. Declata Kee ¢ ediation and (ii) citation has been served on Declarant in a Q litigation procde by written notice has been delivered to Declarant initiating the ceeding’ If the Declarant elects for such Construction Dispute to be ation, the parties hereby agree that the judge shall be the fact finder in - EACH OWNER, BY ACCEPTANCE OF A DEED TO ITS UNIT, OF ITSELF, ITS TENANTS, THE ASSOCIATION AND ALL PARTIES G BY, THROUGH OR UNDER IT, IRREVOCABLY AND CONDOMINIUM DECLARATION - Page 40 UNCONDITIONALLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY CONSTRUCTION DISPUTE.

(c) Arbitration. If Declarant elects that a Construction Dispute be resolved by arbitration such arbitration shall be governed by the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect, unless the parties mutually agree otherwise. With respect to the arbitration, the parties shali, within 15 days after receipt of Declarant’s notice of arbitration referenced in Section 1 1.3(b) of this Declaration or within 15 days after entry of an order compelling arbitration, agree upon an arbitrator. If the parties cannot agree upon an arbitrator, a demand for arbitration shall be filed in writing with the American Arbitration Association at the office in the County where the Property is located with copies to all parties.

Arbitration shall be conducted with a single arbitrator unless the claim, demand,

American Arbitration Association at the office in the County where the Property is located with copies to all parties.

Arbitration shall be conducted with a single arbitrator unless the claim, demand, or amount in controversy exceeds $750,000, in which case a panel of three arbitrators shall be used. If the amount in controversy exceeds $750,000 and the parties ’annot mutually agree upon three panel members, the parties shall be required to objain } proposed neutral parties through the American Arbitration Association 6 locality where the Property is located. The parties shall then proceed of panel members in accordance with the American Arbitration Associ Industry Arbitration Rules. Any arbitrator(s) utilized, whether appointed, oma be (i) reputable person(s) actively engaged in the construction/ndr tr} asa lawyer : berig) bf nvf less than experienced in the practice of construction law for a contix any Owner, any member of the Association, or any off cluding Declarant or an ten years and (ii) not be an Affiliate of, or have or Affiliate of Declarant, involved in the arbitratio he Arpitrator shall establish reasonable procedures and requirements for the relevant documents and require the exchange of information concerning Witnesses to be called. The parties shall be entitled to discover all documents and info understanding of any legitimate issue raised methods of discovery available und ha?

governed thereby. There shall be a p arbitrator shall make and set schednit ation and the parties may use all tles of Civil Procedure and shall be eeting between the parties at which the Scovery and hearings consistent with their les of Evidence shall be applied by the for the admission of admissible evidence that is Rulings on the admission of evidence made by the

arties at which the Scovery and hearings consistent with their les of Evidence shall be applied by the for the admission of admissible evidence that is Rulings on the admission of evidence made by the pal and not subject to any appeal. At the time of the prspare and provide to the parties findings of fact and conclusions of law, i e award.

arbitrator but liberally cos helpful in resolving the (d) In no event shall a Construction Dispute be initiated after the date whept Of legal or equitable proceedings based on such Construction Digput barred by the applicable statute of limitations. All demands and ail ateteénts thereto which include any monetary claim, counterclaim or crosste the monetary amount being sought. If the monetary amount is ted “or has not been fully determined, the demand or answering statement uch recovery shall state, in good faith, the minimum amount of such monetary CONDOMINIUM DECLARATION - Page 41 claim, exclusive of interest and attorneys’ fees. In any litigation or arbitration of a Construction Dispute, the Court or the arbitrator(s), as applicable, shal! determine the prevailing party and award to such prevailing party, in addition to any other relief to which such party is entitled to recover, its reasonable attorneys’ fees, expert witness fees, costs, and other reasonable expenses incurred in connection with the mediation, arbitration, and/or litigation of such Construction Dispute.

(e) Consolidation. A Construction Dispute may be consolidated with similar proceedings and resolved pursuant to the dispute resolution procedures contained in this Article XI to include participation of the contractors, design professionals or any other person or entity if such proceedings involves common issues of law or fact. Consent to

dures contained in this Article XI to include participation of the contractors, design professionals or any other person or entity if such proceedings involves common issues of law or fact. Consent to consolidate proceedings involving an additional person or entity shall not constitute consent to resolve any claim, dispute or other matter in question other than the Construction Dispute or with a Person not named or described therein. It is expressly understood and agreed that Declarant shall have the right, but not the obligation, to join in any such dispute resolution proceedings any other party whose work or services in connection with the Property may be at issue or whose claims(s) involve the.deNieh or construction of the Property.

Section 11.4 General. With respect to any Dispute or Construction Df that the dispute resolution provisions of this Article XI shall be the sole te involved in such Dispute or Construction Dispute. Notwithstanding any ther px ans of this Declaration, the foregoing agreement to arbitrate and other agree additional person or entity duly consented to by the parties under prevailing arbitration law in any court having juris agreement to arbitrate shall not constitute any agreement or c claim, controversy or matter that does not constitutea Disptte onstruction Dispute, as applicable. The foregoing agreement to arbitrate any te or Construction Dispute shall not constitute any agreement or consent to arbitration witha Declaration; provided that any arbitration proceedi this Declaration may, at the request of any proceedings involving additional parties if th and the subject of such other proceedi occurrences. Any award of the arbi the Dispute or Construction Dis Or consolidated with other arbitration Construction Dispute, as applicable,

onal parties if th and the subject of such other proceedi occurrences. Any award of the arbi the Dispute or Construction Dis Or consolidated with other arbitration Construction Dispute, as applicable, ‘al and binding upon the parties involved in gagees and non-appealable judgment thereon on_or Termination of Declaration. Except as provided in eclaration, this Declaration may be revoked or the Condominium terminated only by an instrument in writing, duly approved, executed those Owners holding not less than 80% of the votes in the Association, onsent of 51% of the Mortgagees. Any such instrument of revocation or be duly filed of record in the County. If the Property is to be sold upon CONDOMINIUM DECLARATION - Page 42 termination, the agreement effecting such termination shall also set forth the terms of such sale and comply with the provisions of the Act.

Section 12.2. Amendment to Declaration. During the Declarant Control Period, the Declarant may unilaterally amend this Declaration without the joinder or vote of the Board, the Association, the other Owners, or any other party if such amendment is deemed necessary or desirable, in the Declarant’s sole judgment for any purpose. This Declaration may otherwise be amended at a meeting of the Owners at which the amendment is approved by those Owners holding not less than 67% of the votes in the Association, with the written consent of not less than 51% of the Mortgagees. Such amendment shall be evidenced by a written instrument executed and acknowledged by an officer of the Association on behalf of the consenting Owners and by the consenting Mortgagees and filed of record in the County. Any such amendment so

itten instrument executed and acknowledged by an officer of the Association on behalf of the consenting Owners and by the consenting Mortgagees and filed of record in the County. Any such amendment so effected shall be binding upon all of the Owners; provided, however, that except as permitted or required by the Act, no such amendment shall: (a) cause the alteration or destruction of all or part of any Unit unless such amendment has been consented to by the Owner and the Mortgagee of the Unit which is to be altered or destroyed; (b) create or increase any Special Deth Rights; (c) except as expressly permitted herein by Declarant, increase the number o change the boundaries of a Unit or {e) change the use restrictions on a Unit amendment pursuant to (a), (b) or (c) of this Section above has been consented to, Allocated Interests. No such amendment shall become effective unless approvéa Declarant still owns one or more Units and the amendment would, in De determination: (i) increase or otherwise modify Declarant’s obligations.

any Special Declarant Rights or (iii) materially inhibit or delay Deela the Improvements or to convey any portion of the Property owyé Section 12.3 Partial Invalidity. If any provision of $ determined by a court of competent jurisdiction be 1 6r unenforceable, such determination shall in no way impair or affect the va or enforceability of the remainder of the Governing Documents.

Section 12.4 Conflicts. If any of r in conflict with the provisions of the Act of control. If a conflict exists between he provisions of such statutes shail of the Governing Documents, such hs and Exhibits. Captions used in the various articles and sections are Yop convenience only, and they are not intended to modify or affect the

of such statutes shail of the Governing Documents, such hs and Exhibits. Captions used in the various articles and sections are Yop convenience only, and they are not intended to modify or affect the ubstantive provisions hereof. All exhibits are incorporated in and made a CONDOMINIUM DECLARATION - Page 43 Section 12.6 Usury. It is expressly stipulated and agreed to be the intent of Declarant that at all times the terms of this Declaration, the Bylaws and the Regulations shall comply strictly with the applicable Texas law governing the maximum rate or amount of interest payable under any provision of this Declaration, the Bylaws, or the Regulations. If the applicable law is ever judicially interpreted so as to render usurious any amount contracted for, charged, taken, reserved or received pursuant to this Declaration, the Bylaws, the Regulations or any other communication or writing by or between Declarant, the Association and the Owners related to the matters set forth in this Declaration, the Bylaws, or the Regulations, then it is the express intent of Declarant that all amounts charged in excess of the maximum rate allowed by Texas law shall be automatically canceled, ab initio, and all amounts in excess of the maximum rate allowed by Texas law theretofore collected shall be refunded, and the provisions of this Declaration, the Bylaws, or the Regulations shall immediately be deemed reformed and the amounts thereafter collectible hereunder and thereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law. The Owners hereby agree that as a condition precedent to any claim seeking usury penalties against Declarant, the

cessity of the execution of any new document, so as to comply with the applicable law. The Owners hereby agree that as a condition precedent to any claim seeking usury penalties against Declarant, the Association or any billing Owner, any Person will provide written notice to Declagap Association or any billing Owner, advising Declarant, the Association or any billing reasonable detail of the nature and amount of the violation, and Declarant, the Asso billing Owner shall have 60 days after receipt of such notice in which to cq violation, if any, by either refunding such excess interest to a Person or cr& interest against the obligation then owing by such Person to Declarant, billing Owner.

Section 12.7 Use of Number and Gender. Whengévg unless the context shall otherwise provide, the singular numbe number shall include the singular and the use of any gender sii Section 12.8 Governing Law. THIS RATION AND THE BYLAWS, CERTIFICATE OF FORMATION, AND REGUL HALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. VE ‘ NY ACTION BROUGHT IN CONNECTION WITH THE CONDOMIN. O} IN DALLAS COUNTY, TEXAS.

Section 12.9 Notice. All notices NN munications required or permitted to be given pursuant to this Declaration shall # Nitg’and shall be considered as properly given if (i) mailed by first class United Mate pasfage prepaid, registered or certified with return an independent third party providing for evidence of tx the addressee with confirma¥ with the United States delivery service shail given by person notice g CONDOMINIUM DECLARATION - Page 44 notice hereunder to any other location within the continental United States by the giving of 30 days notice to the Association in the manner set forth herein: Declarant: Bryan Heights Development LLC

notice hereunder to any other location within the continental United States by the giving of 30 days notice to the Association in the manner set forth herein: Declarant: Bryan Heights Development LLC 2911 Turtie Creek Blvd., Suite 300 Dallas, Texas 75219-6243 Association: Bryan Heights Condominium Association, Inc.

c/o Essex Association Management, L.P, 1512 Crescent Drive, Ste. 112 Carroliton, Texas 75006 Section 12.10 Estoppel Certificates. Each Owner, from time to time but no more often than twice each calendar year, shall have the tight to require the Association (as to all items listed below) and the other Owners (as to items (c), (d), (e) and (f) listed below) to deliver to the requesting Owner a written statement addressed to the requesting Owner and its Morte¢de purchaser of its Unit, as applicable, without payment of any fee or cost certifying: Declaration is unmodified and in full force and effect (or if modified that this Decld modified is in full force and effect); (b) this Declaration attached to the certificate correct copy of this Declaration and all amendments hereto; (c) the date Assessments have been paid by the Owner requested to provide the certificate ak Owner requesting such certificate; (d) to the knowledge of the certifying party ertifying party nor the requesting party is in default of any of its obligatigne : ton (or if the certifying party knows the certifying party or requesting pat defaults and the remaining cure period, if any}; (e) the certi against the requesting party’s Unit and (f) such other matters requesting Owner.

a fying the ¥ holds no existing liens yhably requested by the ARTICLE Mortgagee RTD sellin ou dgees shall be entitled to receive the Section 13.1 Notice Provisions. NS

other matters requesting Owner.

a fying the ¥ holds no existing liens yhably requested by the ARTICLE Mortgagee RTD sellin ou dgees shall be entitled to receive the Section 13.1 Notice Provisions. NS following notices in writing from a Tatioy we’any Owner exercising rights affecting that cl eA Mortgagee’s borrower’s rights up thi ion or affecting the Mortgagee’s rights, as the (pe tly following the occurrence of the applicable proposed action which requires the consent of Mortgagees, ot less than 30 days prior to the desired effective date of Of default by the Owner (the beneficial interest in which Unit is gee) in the performance of such Owner’s obligations, delinquency in Assessments owed by such Owner or Governmental Impositions which ected for a period of 60 days after notice thereof; CONDOMINIUM DECLARATION - Page 45 {c) notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond required to be maintained hereunder by the Association or by any Owner; (d) notice of any damage or destruction to or Taking of any portion of the Condominium that affects either a material portion of the Property or a Unit, the beneficial interest in which is held by that Mortgagee, which notice shall be given promptly upon the Association’s obtaining knowledge of such damage or destruction; (e) 60 days notice prior to the Association instituting any foreclosure action on any Unit; and (f) 30 days notice prior to the effective date of (a) any proposed material amendment to this Declaration or the Map; (b) any termination of an agreement for professional management of the Property following any decision of the Owners to assume self-management of the Property and (c) any proposed termination A Condominium.

y termination of an agreement for professional management of the Property following any decision of the Owners to assume self-management of the Property and (c) any proposed termination A Condominium.

Wtise party setting forth the nature of such event of default, or prior thereto the Mortgagee shall ha a) acquired the property owned by the defaulting party (the “Acquired Property”) orCammencey foreclosure or other appropriate proceedings in the nature thereof, and shall thterea Caress ¥ prosecutes any such proceedings, (b} fully cured any default in the payment of fits obligations owed the non-defaulting party hereunder within such 30 day period_an hereafter continue to perform faithfully all such non-monetary obligations which dé y {c) after gaining possession of thé% cq thereof, the Mortgagee perforry yeqinye possession of the Acquired Property and Bey perty following a foreclosure or deed in lieu ations of the defaulting party hereunder as and ge Lien. No violation of this Declaration by, or agdinst, any party shall affect, impair, defeat or render invalid dgee_ Requirements. The Association agrees to cooperate party in regard to the satisfaction of requests or requirements by ec, however, such cooperation shall be at the sole cost and expense of the ant/provided, further, that no party shall be deemed obligated to accede to any ent that materially and adversely affects its tights under this Declaration.

CONDOMINIUM DECLARATION - Page 46 Section 13.5 Unpaid Assessments. Each Person hoiding a mortgage secured by any Priority Lien Indebtedness encumbering any Unit, which Person obtains title to such Unit pursuant to judicial foreclosure, or the powers provided in such mortgage, or a deed in lieu of

secured by any Priority Lien Indebtedness encumbering any Unit, which Person obtains title to such Unit pursuant to judicial foreclosure, or the powers provided in such mortgage, or a deed in lieu of foreclosure, shall take title to such Unit free and clear of any claims for unpaid Assessments against such Unit which accrued prior to the time such Person acquires title to such Unit, except as otherwise set forth in Article VIII of this Declaration.

Section 13.6 Books and Records, All Mortgagees, upon written request, shall have the right to (a) examine the books and records of the Association, including current copies of this Declaration, the Bylaws and the Regulations and financial statements, during normal business hours; (b) receive written notice of all meetings of the Owners and (c) designate in writing a representative to attend all such meetings.

Section 13.7 Priority of Rights. No provision of this Declaration shall be construed or applied to give any Owner priority over any rights of any Mortgagee in the case proceeds or awards are not applied to restoration but are distributed to the Owners in the case of a 6 loss, or Taking of, a Unit and/or the Common Elements.

Section 13.8 Required Percentage. Any required percentage of MoptSatee Declaration shail mean and refer to such percentage of the face amount of the iddébie by such Mortgagees and not the number of such Mortgagees.

[The remainder of this page is intentiondllyieft b CONDOMINIUM DECLARATION - Page 47 IN WITNESS WHEREOF, Declarant has duly executed this Declaration on the day and year first above written, DECLARANT: BRYAN HEIGHTS DEVELOPMENT LLG, a Texas limited lability ¢ rapa By: Na Tide: STATE OF TEXAS § § COUNTY oF Ditty, §

has duly executed this Declaration on the day and year first above written, DECLARANT: BRYAN HEIGHTS DEVELOPMENT LLG, a Texas limited lability ¢ rapa By: Na Tide: STATE OF TEXAS § § COUNTY oF Ditty, § wine RE ME, the undersigned authority, on this day personal Pree . ~— f BRYAN HEIGHTS DEVELOPMENT LLC, a liability company, known to me fo be the person and officer whose name is sub foregoing instrument, and acknowledged to me that s/he executed the same fop-# consideration therein expressed, and as the act and deed of said limited labif the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF “Tuy 201% Exhibit “A” - Legal Description Exhibit "B" Map Exhibit “C” - Altocation of ter CONDOMI M DECLARATION EXHIBIT "A" Property Description Bryan Heights Exhibit 'A' LAND - LEGAL DESCRIPTION Lot 11, Virginia & Grigsby Ave., Scruggs Addition in City Block 5/710 Lot 20, Block 5, of the Scruggs Subdivsion Lots 17 & 18, Block 5/710, of the Scruggs Subdivsion Lot 19, Block 5/710, of the Scruggs Subdivision 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9435 EMAIL: [email protected] PAGE: 1 of 2 DATE: 7/3/17 EXHIBIT "B" Map [see attached.] & 2 eS CONDOMI DECLARATION Exhibit B — Plats and Plans — Cover Page Bryan Heights Exhibit 'A’' LAND - SURVEYOR CERTIFICATION 1800 VALLEY VIEW LN, STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: | of 2 DATE: 7/3/17 Bryan Heights Exhibit 'A' LAND - LEGAL DESCRIPTION Lot 11, Virginia & Grigsby Ave., Scruggs Addition in City Block 5/710 Lot 20, Block 5, of the Scruggs Subdivsion

otmail.com PAGE: | of 2 DATE: 7/3/17 Bryan Heights Exhibit 'A' LAND - LEGAL DESCRIPTION Lot 11, Virginia & Grigsby Ave., Scruggs Addition in City Block 5/710 Lot 20, Block 5, of the Scruggs Subdivsion Lots 17 & 18, Block 5/710, of the Scruggs Subdivsion Lot 19, Block 5/710, of the Scruggs Subdivision 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: | of 2 DATE: 7/3/17 Bryan Heights Exhibit 'B' Notes 1. All hallways, elevators, stairs and landings which are not located in a unit, are general common elements.

2. All Balconies are part of the unit to which attached.

3. The Unit plans show interior wall to interior wall measurements. The actual unit dimensions, which extend into the wall and floor cavities as described in the declaration, and summarized here: For units on Levels 2 and 3, the lower boundary is the underside of the sub-flooring.

Each unit's upper boundary in the exterior surface of the sheetrock comprising the unit's perimeter ceilings.

On party-walls, walls between two units, on half of the wall cavity is within the dimensions. The unit's lateral boundaries are the planes defined by the midp party wall On all other perimeter walls, the unit's lateral boundaries are the planeg outside-facing surfaces of the sheetrock on the perimeter walls of theby the inside-facing surfaces of the doors and windows in the perinfetey dg and windows are not part of the Unit.

4, GCE = General Common Element 5. LCE = Limited Common Element 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 1 of 19 DATE: 7/3/17 SCALE: 1500" PAGE: 2 of 19 DATE: 7/3/17 POR 88 Bryan Heights Exhibit 'B' LAND - SITE PLAN 110 copy 10 8888 A Bush Architects

PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 1 of 19 DATE: 7/3/17 SCALE: 1500" PAGE: 2 of 19 DATE: 7/3/17 POR 88 Bryan Heights Exhibit 'B' LAND - SITE PLAN 110 copy 10 8888 A Bush Architects 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] Bryan Heights Exhibit 'B' LOT 11 - FIRST FLOOR FLOOR PLAN - GROUND LEVEL, ————— Elevations on this level are berween 504.4583" and UI4A4S83H' based apun u finished Roar elevation of 504,4583" at ground level.

D . GcE| GENERAL COMMON ELEMENT Up Col unir [LCE ; LIMITER COMMON ELEMENT © SS SCALE: 1/16" = 1'-0" Gos 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 3 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 11 - SECOND FLOOR FLOOR PLAN - SECOND LEVEL ———————— Elevations on this level are between 514.4583" and 524.4383" based upon a finished floor elevation of S04 S583" at ground level.

aN (GCE | GENERAL COMMON ELEMENT Oa unre ECE LIMITED COMMON ELEMENT © Sy SCALE: 1/16" = 1'-0" 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 4 of 19 DATE: 7/3/17 Bryan Heights Exhibit "B' LOT 11 - THIRD FLOOR FLOOR PLAN - THIRD LEVEL — Elevations on this levei are between 324.4583" and I34.4A58F' baxed npen a finished floor elevation af 34,4583" at ground level vp 'GCE) GENERAL COMMON ELEMENT . ap unir ECE LIMITED COMMON ELEMENT 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 5 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 11 - FOURTH FLOOR FLOOR PLAN - FOURTH LEVEL SEROR EAN ~ FOURTH LEVEL Elevations an shis devel are between 524.4883"

MAIL: [email protected] PAGE: 5 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 11 - FOURTH FLOOR FLOOR PLAN - FOURTH LEVEL SEROR EAN ~ FOURTH LEVEL Elevations an shis devel are between 524.4883" and 534.4583" bused upon a finished floor elevation of 304.4583" at ground level, Pp ‘ace! :| GENERAL COMMON ELEMENT G a rz LIMITED COMMON ELEMENT SCALE: 1/16" = I'-0" 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 6 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 17- FIRST FLOOR FLOOR PLAN - GROUND LEVEL — ee Efevations un this level are between 304,00" and 509.6666" based upon u finished floar elevation of SO$.00" at ground level, WD GCE) GENERAL COMMON ELEMENT Qe 1 uxer g LCE.

LIMITED COMMON ELEMENT © O 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 7 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 17 - SECOND FLOOR FLOOR PLAN - SECOND LEVEL ———————— Elevations on this level are between 509.6666" and 524.3333" based upon o finished floor elevativa af 504,00" at ground level.

yp . 'GCE| GENERAL COMMON ELEMENT Gu Co) ewer SCALE: 1/16" = 1'-0" N &S 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 8 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B’ LOT 17 - THIRD FLOOR FLOOR PLAN - THIRD LEVEL —_—S eee eee Elevations an this tevel are between $24,335" and 534.1666" based upan a finished floor elevation of S400 at wround level.

yp ‘GCE GENERAL COMMON ELEMENT 1 awe Up | LCE LIMITED COMMON ELEMENT 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455

ation of S400 at wround level.

yp ‘GCE GENERAL COMMON ELEMENT 1 awe Up | LCE LIMITED COMMON ELEMENT 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 9 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 18 - FIRST FLOOR FLOOR PLAN - GROUND LEVEL ——— Elevations an this fevel are berween S04 (08 anct 309.6666" iuised upon a finished floor elevation af 304.00! at around level.

wp . GCE| GENERAL COMMON ELEMENT Qa 7 uxer G LCE! LIMITED COMMON ELEMENT © SCALE: 1/16" = ]'-0" O 1800 VALLEY VIEW LN. STE, 300 FARMERS BRANCH, TEXAS 75234 PAGE: [0 of 19 PHONE: 972-333-9455 DATE: 7/3/17 EMAIL: [email protected] Bryan Heights Exhibit "B’ LOT 18 - SECOND FLOOR cb rw FLOOR PLAN - SECOND LEVEL ——— Elevations on this level are between 509.6666" aud 324,3333' based upon a finished floor elevation of 504.00" at ground levet.

D 'GCE GENERAL COMMON ELEMENT OL unr ip Gos LIMITED COMMON ELEMENT : 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: II of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 18 - THIRD FLOOR FLOOR PLAN - THIRD LEVEL SS ee Elevations. ow this level are between $24.3333" auet 534, 1666" based upon a finished floar elevation of $04.00" at ground level.

a NG SCALE: 1/16" = ]'-0" KS GENERAL COMMON ELEMENT gwen é LCE GCE eINNTED COMMON ELEMENT PAGE: 12 of 19 1800 VALLEY VIEW LN. STE. 300 DATE; 7/3/17 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: ralphbush@hotmail!.com Bryan Heights Exhibit 'B' LOT 19 - FIRST FLOOR FLOOR PLAN - GROUND LEVEL ————— Elevations an this level are benween 504.2083" and 508.8749" based upon a finished flaor efevation of 304.2083" at ground level, p . GCE GENERAL COMMON ELEMENT Gr "L uner Pa

PLAN - GROUND LEVEL ————— Elevations an this level are benween 504.2083" and 508.8749" based upon a finished flaor efevation of 304.2083" at ground level, p . GCE GENERAL COMMON ELEMENT Gr "L uner Pa LIMITED COMMON ELEMENT \ 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 13 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 19 - SECOND FLOOR FLOOR PLAN - SECOND LEVEL —————— Elevations ou this jevel are between 508.8749" anud 324.5416" based upon a finished floor elevation of 304.2083’ at ground level.

GCE! GENERAL COMMON ELEMENT e usr f ice!

LIMITED COMMON ELEMENT © SCALE: 1/16" = '-0" O 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 14 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 19 - THIRD FLOOR elevation of 304.2083" at wround level.

Pp lace! GENERAL COMMON ELEMENT = (p Cot unr LCE LIMITED COMMON ELEMENT © FLOOR PLAN - THIRD LEVEL : Elevations on this level are between 524.3416" and $34.3749 based npon a finished floor SCALE: 1/16" = 1'-0" O 1800 VALLEY VIEW LN. STE, 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL; [email protected] PAGE: 15 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 20 - FIRST FLOOR FLOOR PLAN - GROUND LEVEL ———————————EEKEE Elevations on this level ure between 504.2083" trad 509.8749" bused upan a finished flaor elevation of 304,208 at ground level.

D lace) GENERAL COMMON ELEMENT . “UNF LCE | LIMITED COMMON ELEMENT O 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 16 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 20 - SECOND FLOOR FLOOR PLAN - SECOND LEVEL — Se

IEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 16 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 20 - SECOND FLOOR FLOOR PLAN - SECOND LEVEL — Se Elevations on this level are between 509.8749" and 524.5416" based upon a finished fluor elevation of 304,083" at round level.

Dp . (GCE, GENERAL COMMON ELEMENT Gr PO" uner SCALE: 1/16" = 10" Gos 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: I7 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 20 - THIRD FLOOR FLOOR PLAN - THIRD LEVEL Elevations on this level are between 524.5416" aud 333.3749 based upon a finished floor elevation of 504.2083 at ground level.

wp GCE GENERAL COMMON ELEMENT —~ op ure | LCE) LIMITED COMMON ELEMENT O 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 18 of 19 DATE: 7/3/17 Bryan Heights Exhibit 'B' LOT 20 - FOURTH FLOOR FLOOR PLAN - FOURTH LEVEL Elevations on this level are between 533.3749" wad 539.7083" (Mid point of slape) bused upon a finished flour elevation of 504.2083" ai Reon fevel.

py GCE) GENER COMMON ELEMENT SCALE: 1/16" = ]'-0" O 1800 VALLEY VIEW LN. STE, 300 FARMERS BRANCH. TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] PAGE: 19 of 19 DATE: 07/3/17 PAGE: 1 of 2 DATE: 7/3/17 Bryan Heights Exhibit 'C' Allocation of Ownership Interests LOT 11: BLDG UNIT NUMBER SQUARE FEET OF UNIT 1 2,155 2 2,154 3 2,154 4 2,154 5 2,159 LOT 17: BLDG PERCENTAGE OWNERSHIP 19.99% 19.98% 19.98% 19.98% 20.03% UNIT NUMBER SQUARE FEET OF UNIT PERCENTAGE OWNERSHIP 1 2,032 2 2,027 3 2,027 4

FEET OF UNIT 1 2,155 2 2,154 3 2,154 4 2,154 5 2,159 LOT 17: BLDG PERCENTAGE OWNERSHIP 19.99% 19.98% 19.98% 19.98% 20.03% UNIT NUMBER SQUARE FEET OF UNIT PERCENTAGE OWNERSHIP 1 2,032 2 2,027 3 2,027 4 2,027 5 2,032 20.03% 19.98% 19.98% 19.98% 20.03% LOT 18: BLDG UNIT NUMBER SQUARE FEET OF UNIT PERCENTAGE OWNERSHIP 1 2,032 20.03% 2 2,027 19.98% 3 2,027 19.98% 4 2,027 19.98% 5 2,032 20.03% LOT 19: BLDG UNIT NUMBER SQUARE FEET OF UNIT OWNERSHIP PERCENTAG 1 2,032 2 2,027 3 2,027 4 2,027 5 033 LOT 20: BLDG UNIT NUMBER SQUARE FEET OF UNIT PERCENTAGE OWNERSHIP 1 2,53 2,533 20.04% 2 2,523 19.96% 2,523 19.96% 2,523 2,537 A Bush Architects 19.96% 20.07% 20.03% 19.98% 19.98% 19.98% 20.03% 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] LOT 11: BLDG UNIT NUMBER SQUARE FEET OF UNIT Bryan Heights Exhibit 'C' Monthly Assessment $2,500.00 MONTHLY ASSESSMENT 1 2,155 2 2,154 3 2,154 4 2,154 5 2,159 $100.00 $100.00 $100.00 $100.00 $100.00 LOT 17: BLDG UNIT NUMBER SQUARE FEET OF UNIT MONTHLY ASSESSMENT I 2,032 $100.00 2 2,027 $100.00 3 2,027 $100.00 4 2,027 $100.00 5 2,032 $100.00 LOT 18: BLDG UNIT NUMBER SQUARE FEET OF UNIT MONTHLY ASSESSMENT 1 2,032 $100.00 2 2,027 3 2,027 4 2,027 5 2,032 $100.00 LOT 19: BLDG UNIT NUMBER SQUARE FEET OF UNIT UNIT MONTHLY Umoniicial GOOV PAGE: 2 of 2 DATE: 7/3/17 1 2 3 4 5 LOT 20: BLDG 2,032 2,027 MONTHLY ASSESSMENT $100.00 $100.00 $100,00 $100.00 $100.00 UNIT NUMBER SQUARE FEET OF UNIT MONTHLY ASSESSMENT 2,533 $100.00 2,523 $100.00 2,523 $100.00 2,523 $100.00 2,537 $100,00 BA Bush Architects 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] OF - _& BRYAN HEIGHTS CONDOMINIUM ASSOGIATI INC, 005782\0005711825444.1

00 BA Bush Architects 1800 VALLEY VIEW LN. STE. 300 FARMERS BRANCH, TEXAS 75234 PHONE: 972-333-9455 EMAIL: [email protected] OF - _& BRYAN HEIGHTS CONDOMINIUM ASSOGIATI INC, 005782\0005711825444.1 BRYAN HEIGHTS CONDOMINIUM ASSOCIATION, INC.

BYLAWS ARTICLE I Name and Address Section 1.1 Name. The name of this association shall be BRYAN HEIGHTS CONDOMINIUM ASSOCIATION, INC. (the “Association”).

Section 1.2 Address. The office of the Association shall be at the place to be designated by the Board of Directors, subject to transfer upon notice to the Members of the Association.

Section 1.3 Registered Agent. The Association shall have and continuously maintain in the State of Texas a registered agent whose office is identical with such registered office required by the Texas Nonprofit Corporation Act. The registered office may be, but nge identical to the principal office in the State of Texas, and the registered office may_B from time to time by the Board of Directors.

ARTICLE II Applicability These Bylaws shall be applicable to the Association. In ?

Declaration, Declarant (for such time as Declarant is the ownt portion of the Property), and all present and future Owners shall be Members of the Adsobi other persons permitted to use the Common Elements she 5 tules and regulations adopted from time to time by the Beard of Directors. Ownership of any Condominium Unit, or rental or occupancy of an of a Condominium Unit, in the Property shall be conclusively deemed to mean th ey/tenant or occupant has accepted, ratified and will comply with these Bylaws, é> yaidn gnd the Regulations (if any).

The purpose of the AséoGals a-protect and enhance the value of the Property, a Qagemem, Maintenance, repair and replacement of the Common

mply with these Bylaws, é> yaidn gnd the Regulations (if any).

The purpose of the AséoGals a-protect and enhance the value of the Property, a Qagemem, Maintenance, repair and replacement of the Common Elements. The Association\loo§ Mat dqntémplate pecuniary gain or profit to its Members as a ARTICLE IV efinitions and Interpretation nitions. The following terms shall have the meanings set forth below: e Uniform Condominium Act, Texas Property Code, Chapter 82, Section amended from time to time.