2022 - 202200307545 12/05/2022 08:34 AM Page 1 of 4 M DFW 11101 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
After recording, return to: Liechty, McGinnis, Berryman & Bowen, LLP 11910 Greenville Avenue, Suite 400 Dallas, Texas 75243 Attention: Nathan Entsminger STATE OF TEXAS COUNTY OF DALLAS § A § KNOW ALL PERSONS BY THESE PRESENTS cos cos cos § FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CALDWELL LAKES THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CALDWELL LAKES (this Amendment") is executed to be effective as of November 28 2022, by K. HOVNANIAN DFW CALDWELL LAKES, LLC, a Texas limited liability company (the "Declarant").
WHEREAS, on October 19, 2022, Declarant executed that certain Declaration of Covenants, Conditions and Restrictions for Caldwell Lakes, recorded on October 20, 2022, as Document No. 202200276079, in the Official Public Records of Dallas County, Texas (the “Declaration”), which Declaration encumbers the real property described on Exhibit A attached thereto; WHEREAS, pursuant to Section 8.6 of the Declaration, Declarant desires to amend and modify the Declaration, as provided herein.
NOW, THEREFORE, Declarant does hereby amend the Declaration as follows: 1. Defined Terms. Unless otherwise defined in this Amendment or the context otherwise requires, each term used in this Amendment with its initial letter capitalized which has been specifically defined in the Declaration shall have the same meaning herein as given to such
text otherwise requires, each term used in this Amendment with its initial letter capitalized which has been specifically defined in the Declaration shall have the same meaning herein as given to such term in the Declaration.
Amendment. The Declaration is hereby amended and modified in the following U 2.
respects: (a) The last sentence of Section 3.4(e)(2) of the Declaration is hereby amended and modified as follows: "All wood fences shall be: (i) smooth-finished and be a maximum of six (6) feet in eight, (ii) constructed of cedar with board to board construction, and (iii) constructed with metal poles."
A-1 2022 - 202200307545 12/05/2022 08:34 AM Page 2 of 4 (b) The last sentence of Section 3.4 of the Declaration is hereby amended and modified to read in its entirety as follows: "Lots shall further be landscaped and maintained as necessary to comply with the landscaping requirements established by the City (the "Minimum Landscaping Requirements").”
(c) The penultimate sentence of Section 3.6 of the Declaration is hereby amended and modified as follows: "Any retaining walls located within a Lot shall be maintained and repaired by the Owner of the Lot on which such retaining wall is located."
3. No Other Effect. Except as expressly modified, amended and supplemented by this Amendment, the terms and provisions of the Declaration are not amended, modified or supplemented.
4. Severability. Invalidation of anyone provision of this Amendment by judgment or court order shall in no way affect any other provision of this Amendment or the remainder of this Amendment which shall remain in full force and effect Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there shall be added automatically as a part of this Amendment
his Amendment which shall remain in full force and effect Furthermore, in lieu of each such illegal, invalid, or unenforceable provision, there shall be added automatically as a part of this Amendment a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
5.
Headings. The headings contained in this Amendment are for reference purposes only and shall not in any way affect the meaning or interpretation of this Amendment.
REMAINDER OF PAGE LEFT BLANK - SIGNATURE PAGE FOLLOWS Unoffici 2 2022 - 202200307545 12/05/2022 08:34 AM Page 3 of 4 EXECUTED to be effective as of the date written above.
DECLARANT: K. HOVNANIAN DFW CALDWELL LAKES, LLC, a Texas limited liability company STATE OF TEXAS COUNTY OF Collin cos css cos § By: Name: Rick Trotter Title: DFW President opy BEFORE ME, the undersigned authority, on this day personally appeared Rick Trotter DFW President' of K. HOVNANIAN DFW CALDWELL LAKES, LLC, a Texas limited liability company, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and as the act and deed of said limited liability company, and in the capacity(there 2022.
[SEAL] stated.
GIVEN UNDER MY HAND AND SEAL OF QEFICE, on this 28 day of November 2022 718015 Kelly Runnels Notary Public, State of Texas Unotic 3 Recorded On: December 05, 2022 08:34 AM Total Recording: $34.00 2022-202200307545 12/05/2022 8:37 AM Page 4 of 4 Dallas County John F. Warren Dallas County Clerk Instrument Number: 202200307545 eRecording - Real Property Number of Pages: " Examined and Charged as Follows: Official Spy
05/2022 8:37 AM Page 4 of 4 Dallas County John F. Warren Dallas County Clerk Instrument Number: 202200307545 eRecording - Real Property Number of Pages: " Examined and Charged as Follows: Official Spy Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Document Number: Receipt Number: 201200807545 20221202000912 Recorded Date/Time: December 05, 2022 08:34 AM User: Station: Lynn G CC53 DALLAS COUNTY TEXAS Record and Return To: Simplifile STATE OF TEXAS COUNTY OF DALLAS I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Dallas County, Texas.
John F. Warren Dallas County Clerk Dallas County, TX