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Page 1 of 44 Electronically Recorded Tarrant County Texas Official Public Records 42/20/2012 4:10 PM D212312126 XL ‘ 1 pripctovuce tan eats PGS 44 $188.00 Mary Louise Garcia - Submitter: LANDATA 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 ER.

After recording, return to: LIECHTY & MCGINNIS, LLP 11910 Greenville Avenue, Suite 400 Dallas, Texas 75243 Attn: Hilary Tyson STATE OF TEXAS § § COUNTY OF TARRANT § ARTICLE 1 ESTABLISHMENT lishment _of Covenants, Conditions and Restrictions. The Declarant upon the Property the covenants, conditions, restrictions, liens and easements set Déclaration (the “Covenants”) for the purposes of establishing a general scheme for develon ft of the Property, enhancing the value of the Lots and Residences (defined below), and establishing restrictions for residential use for the benefit of the Declarant, Builders (defined below) and the Owners (defined below). The Declarant does not guarantee that all of these purposes will be accomplished through the creation and imposition of the Covenants. The Covenants touch and concern title to the Property, run with the land and shall be binding uEon all persons hereafter acquiring any portion of the Property.

wa Section 1.2 Definitions. The terms set forth below shall have the indicated meanings when used in this Declaration; other terms are defined elsewhere herein and shall have the meaning given to them in this Declaration.

hen used in this Declaration; other terms are defined elsewhere herein and shall have the meaning given to them in this Declaration.

Page 2 of 44 “ACC” shall mean Architectural Control Committee.

“Assessments” means the Maintenance Assessments and Special Assessments provided | . for in Article 6.

“Association” means the Creekview Homeowners’ Association, Inc., a Texas non-profit corporation, or such other homeowners’ association name selected and available at the¢ime of formation and established as provided in this Declaration.

“Association Documents” means the Certificate of Formation (herein s Bylaws (herein so called) of the Association, as amended and modified frong the resolutions and certifications adopted by the Association from time to fame “Board” means the Board of Directors of the Association “Builder” means any homebuilder constructing the jniti ence upon a Lot in the normal course of conducting its business for profit.

“City” means the City of Keller, Texas.

“Common Amenities” means the,foll facility constructed on the Property for the of the Owners, (ii) any and all entry areas and screening walls, ponds, and all landscape easements, other similar apégswithin the Subdivision whether or not shown on the Plat (as hereinafter defined), washer ithir} gr Surrounding or along the boundaries of the Property, including, without fir g#ndscape features installed and screening walls constructed in the entry areas er property or improvements within or immediately Association is or may hereafter become obligated to ny real and/or personal property, fixtures or improvements

ng walls constructed in the entry areas er property or improvements within or immediately Association is or may hereafter become obligated to ny real and/or personal property, fixtures or improvements mion Area” means those portions of the Property depicted or described as such in or on the Plat (defined below) that do not constitute Lots (defined below), including, without limitation, Streets (defined below), alleys, roads or other rights-of-way which are not part of a Lot or and/or dedicated to and maintained by the City or other governmental authority as a public right-of-way, and/or any real property and/or lot within the Subdivision comprising or on which the Common Amenities are located. The Declarant shall at all times have and retain the right, but without obligation whatsoever, to effect minor redesigns or reconfigurations of the Common Area located on such Declarant’s portion of the Property and to execute any open space declarations applicable to such Common Area which may be permitted in order to reduce property taxes, and to take whatever steps as may be appropriate to lawfully avoid or minimize = Page 3 of 44 the imposition of federal and state ad valorem and/or income taxes. All Common Area shall be maintained by the Association.

‘Declarant’ means Terra/Creekview LLC, and its successors or any assignee of .

Declarant to whom Declarant expressly assigns all of its rights and obligations as Declarant under this Declaration in accordance with Section 8.8 hereof. , “Design Guidelines” shall mean and refer to those particular standards, res guidelines, recommendations and specifications applicable to all aspects of.

definition of a “Lot”.

“Managing Agent” means any Person wh 8 Board to manage the daily affairs and operations of the ciation.

delines, recommendations and specifications applicable to all aspects of.

definition of a “Lot”.

“Managing Agent” means any Person wh 8 Board to manage the daily affairs and operations of the ciation.

} , but excluding any mortgagee or g S legal title to a Lot.

, limited liability company, partnership or a of the Property designated by a Declarant for s provided in Section 3.3(d), additional or different “Phase” means a development. A Declaran restrictions on each Phas&y annexes additional propértywintto ‘the Property as provided in Sections 8.1 and/or 8.2, it may designate the area 2 i i Section 3.3(d), additidnaordjfferent restrictions on such area.

include the final recorded plat of any additional property annexed ‘tito the Property pursuant to Sections 8.1 and/or 8.2.

“Property” shall have the meaning ascribed to such terms as set forth in the recitals of this Declaration.

“Property Subject to Annexation” means the real property situated in the City of «FZ : Page 4 of 44 incorporated herein by reference, which is subject to annexation into the Property subject to this Declaration i in accordance with the terms of Article VIII hereof: “Residence” means a portion of an attached residence residing upon a Lot in conformance with this Declaration.

“Special Assessments” means collectively, the Special Purpose Assessments and Special Member Assessments, as such terms are defined in Article 6 hereof.

“Street” means any paved road, which is located within a right-of e Subdivision.

planting, landscaping, irrigation system, wall, tennis court, swi playground equipment, or other improvement of any kind or typ

means any paved road, which is located within a right-of e Subdivision.

planting, landscaping, irrigation system, wall, tennis court, swi playground equipment, or other improvement of any kind or typ “Subdivision” shall have the meaning ascribed to.such terms a§ sét forth in the recitals of this Declaration.

yhatsoever, including any automobile, eg, or other kind of trailer.

“Vehicle” means any vehicle of any kind or t}y truck, motorcycle, boat, mobile home, motor home, (a) Weritial Use. Except as otherwise provided in this \y for private residential purposes and activities reasonably purposes such as schools, churches, or similar activities may not be permitted wi , without the prior written approval from the Association and é and egress to and from public access rights-of-way adjacent to the Subdivision for the benefit of the Owners and the Lots. The Common Area consisting of landscaping, maintenance, wall maintenance easements, or similar areas shall be used for such purposes or similar purposes as approved by the applicable Declarant or the Association. The Common Area consisting of sanitary sewer easements, drainage easements, utility easements or similar areas shall be used for such purposes or similar purposes as approved by the applicable Declarant or the Association. , (c) ° Sales Offices and Similar Uses. The Declarant or any Builder may maintain on its Property one or more signs, sales offices, or trailers on Lots for the purpose of facilitating ee Page 5 of 44 sales of Lots and/or Residences on the Property, and the Declarant hereby grants to’ Builder(s) constructing Residences on Lots within the Property the right to conduct their sales and marketing programs for the Property from any permanent or temporary sales buildings or trailers,

to’ Builder(s) constructing Residences on Lots within the Property the right to conduct their sales and marketing programs for the Property from any permanent or temporary sales buildings or trailers, and conduct improvement work and activities on portions of the Property owned by them and do all things reasonably necessary or convenient as required to expeditiously commence, continue and complete such improvement work, including, but not limited to, the provision of temporary buildings (including, without limitation, trailers), temporary storage of construction materials and equipment and the installation of temporary signage of such types, in such sizes and/A\ such locations on portions of the Property owned by them as they deem appropriate and in acc ee with any applicable governmental requirements.

Section 2.2. Prohibited Uses and Activities.

(a) No Further Subdivision. No Lot may be furths consent of the Declarant or the ACC; provided, however, thig to Common Area conveyed to a Declarant by the Associat purpose of constructing a single residence on more than one the Declarant or the ACC. Without regard to any suc, Lots involved shall continue to be treated as sing purposes, including voting in the Association and assesg (b) except for temporary parking in the dri limited to temporary parking © Ss f Owners during parties, delivery of services, 8) hours) time periods. Parking within the alleys advertising displays shall hoWBerpenni to park overnight on the Streets, driveways, or other areas within the Property. 2 Sxatpve or unlicensed Vehicles may be parked or stored, other than in an enclosed ‘garage eércial or manufacturing purposes of any kind. No activity, whether for profit ¢ conducted on the Property which is not related to single-family residential

r stored, other than in an enclosed ‘garage eércial or manufacturing purposes of any kind. No activity, whether for profit ¢ conducted on the Property which is not related to single-family residential the Property, and nothing shall be done which is or may become an annoyance or nuisance to the neighborhood. Nothing in this subparagraph shall prohibit a Builder’s temporary use of a Residence as a sales office until such Builder’s last Residence on the Property is sold. Nothing in this subparagraph shall prohibit an Owner’s use of a Residence for quiet, inoffensive activities such as tutoring or giving art or music lessons so long as such activities do not materially increase the number of cars parked on the street or interfere with adjoining homeowners’ use and enjoyment of their Residences and yards.

Page 6 of 44 (d) Pet_and Animal Restrictions. Only regular household pets such as cats and dogs shall be permitted on the Property and then only for personal use and not for any business use such as breeding, kennel operations and the like. No other animals shall be permitted to be maintained upon the Property, including the following: cows, horses, bees, hogs, sheep, goats, poultry, or skunks. No more than four (4) domesticated household pets are permitted in any Residence. Pets shall not be permitted to run free through the Property.

(e) Outdoor Burning Restrictions. Outdoor burning of trash, leaves, items is prohibited. This restriction shall not be construed as prohibiting outdoor ¢oo barbecue grills in connection with use of a Residence.

(f) Trash/Garbage Disposal. Trash, garbage and other waste kept in clean, well maintabaes, sanitary containers for regular scheduled pi an attached Residence.

ls in connection with use of a Residence.

(f) Trash/Garbage Disposal. Trash, garbage and other waste kept in clean, well maintabaes, sanitary containers for regular scheduled pi an attached Residence.

No Person shall occupy any garage or other outbuilding a p unit at any time. No outbuilding, shall be used on any of the Property a’ time as a dwelling house; provided, however, that any Builder may maintain and occupy+ i trailers during construction periods.

(hy) OP rojections from Structure system is permitted Declarant on the Dedia er in Compliance with all applicable laws and the requirements of the grading plan. After the . Declarant has developed the Lots on its portion of the Property, the general grading and slope of a Lot may not be altered, and no dams, berms, channels or swales may be constructed or | excavated without the prior written approval of the Declarant (or the ACC), the City (if applicable) and other appropriate agencies having authority to grant such approval.

Notwithstanding anything to the contrary contained herein, the drainage plan of a Lot shall not be altered in a manner which is inconsistent with the Lot Grading Plan, unless such alteration is first approved by the City in writing.

Page 7 of 44" (k) Visible Activities - Outdoors. Outdoor drying of clothes is prohibited. When not in use, lawn mowers, rakes, carts, and other yard equipment shall be stored away from view of adjoining Lots, alleys and Streets.

a) Structures and Storage. No temporary dwelling, shop, trailer, mobile home or above-ground swimming pools of any kind or any improvement of a temporary character shall be permitted on any Lot, except that a Builder or contractor may have temporary improvements

r, mobile home or above-ground swimming pools of any kind or any improvement of a temporary character shall be permitted on any Lot, except that a Builder or contractor may have temporary improvements (such as a sales office, parking lot and/or a construction trailer) on a Lot during construgfion of the Residence on that Lot. No building material of any kind or character shall be placed oxsb jew from adjacent lots, .

ght feet (8°) in height or Structure(s).

(m) Recreational Vehicles. No boat,-txa arine craft, hovercraft, aircraft, recreational vehiclé, travel trailer, motor heme, or similar vehicle or equipment — may be stored, parked or kept on any drive (ya for more than 48 hours nor more frequently the s per month, nor shall any such vehicle or equipment be parked for storage in the ar yard of any Residence. No such vehicle or equipment shall be used as a r sigenck ftitefemporarily or permanently. This restriction shall not apply to any vehicle, Machinery “erequipment temporarily parked and in use for the construction, maintenance Ns Resitience in the immediate vicinity.

ehs of any kind shall be permitted on the surface of the Property. No mineral excavations or shafts shall be permitted upon or in any part of and sanitary sewer lines. No privy, trailer sewage, cesspool or septic tank shall be placed ormaintained upon or in any Lot. However, portable toilets will be allowed during building construction. The use of any propane, butane, LP Gas or other gas tank, bottle or cylinder of any type (except as reasonably required [not to exceed fifteen pounds] to operate portable gas grills or a permanent gas grills which may be installed or used by an Owner to serve a Residence) is

r of any type (except as reasonably required [not to exceed fifteen pounds] to operate portable gas grills or a permanent gas grills which may be installed or used by an Owner to serve a Residence) is prohibited. Except as to street lighting (if any) all utility service facilities (including, but not limited to, water, sewer, gas, electricity and telephone) shall be buried underground (except meters, transformers, risers, service pedestals and other surface installations necessary to oF Page 8 of 44 | maintain or operate appropriate underground facilities). Electric utility transformers may be installed only in locations designated on the Plat for such purpose or otherwise approved in writing by the ACC, and all improvements on a Lot on which an electric transformer pad easement is located as shown on the Plat must be installed in compliance with all electric company guidelines for separations from pad-mounted transformers.

(q) Certain Exterior Lighting. Upon being given notice by the ACC that any exterior lighting is objectionable, as determined by the ACC in its sole and exclusive di tion, the Owner of the Lot on which same is located shall immediately remove any suc. or shield the same in such a way that it is no longer objectionable to the ACC.

Section 2.3 General. No use shall be permitted on the Property which is applicable public codes, ordinances and other laws either eae adopted-era portion of the Property, shall at all times comply with this Declan atien andwith gny awd all laws, Pa e wy and municipal a other " agencies having jurisdictional contrq including, but not limited to, applicable zoning restrictions pla pox te Property as they exist from time to time. IN SOME INSTANCES GOV. ‘ BOUIREMENTS MAYBE

er " agencies having jurisdictional contrq including, but not limited to, applicable zoning restrictions pla pox te Property as they exist from time to time. IN SOME INSTANCES GOV. ‘ BOUIREMENTS MAYBE MORE OR LESS RESTRICTIVE THAN THE PR: ONS OF THIS DECLARATION. IN THE EVENT A CONFLICT EXISTS BET Y SUCH GOVERNMENTAL REQUIREMENT AND ANY REQU. DECLARATION, THE MOST RESTRICTIVE REQUIREMENT SHA‘ E EXCEPT IN CIRCUMSTANCES WHERE COMPLIANCE WITH A RICTIVE PROVISION OF THE DECLARATION WOULD RESULT TION OF MANDATORY APPLICABLE GOVERNMENTAL REQ N CH EVENT THOSE GOVERNMENTAL REQUIREMENTS x : COMPLIANCE WITH MANDATORY L NOT RESULT IN THE BREACH OF THIS A HY SUCH COMPLIANCE MAY RESULT IN NON-COMPLIANCE WITH. PROVISIONS OF THIS DECLARATION. WHERE A GOVERNMENTAL } 1 T DOES NOT CLEARLY CONFLICT WITH THE PROVISIONS OF Pf A “RATION BUT PERMITS ACTION THAT IS DIFFERENT D Si THIS DECLARATION, THE PROVISIONS OF THIS ARTICLE3 CONSTRUCTION PROVISIONS Section 3.1 Plan Approval Required. No Residence or Structure shall be constructed within the Property until the plans have been approved in writing by the ACC or the Declarant as provided in this Article 3.

Page 9 of 44 Section 3.2 Establishment of the ACC.

(a) Initial Appointment. The ACC shall consist of three (3) members. The initial ACC shall be appointed by the Declarant.

(b) Term and Subsequent Appointments. The members of the ACC shall serve until they resign or are removed by the party appointing them to the ACC (which the appointing party may do at any time). Subsequent appointments to the ACC shall be made by the appéinting Declarant until such time as the appointing Declarant either relinquishes such power, by (c) Compensation; Fee for Review. No member of an compensation for its services; provided that the ACC may charge-a

arant until such time as the appointing Declarant either relinquishes such power, by (c) Compensation; Fee for Review. No member of an compensation for its services; provided that the ACC may charge-a he Association at the review and approval.

improvements constructed thereon, which fee shall be paid b time .of submission and/or resubmission of plans to th liable for any charges of the ACC under this Sectis 8.2(c) with respect to the review and approval of the ACC of plans for the initial construgue Section 3.3 Approval Process. © (a) Submission of Plans. { ishing to construct a Residence or any Structure on the Property shall oe opiés of complete plans and specifications to the applicable ACC for its approva americing construction. Such plans and specifications ing i ARO dscaping description, and construction plans showing eprapose? Residence or Structure and the materials to be used in Snt detail to enable the ACC to evaluate the proposed the location and elevations constructing the same, al _ Structure or Residence proposed materials tof afd h itdecision process. After receipt of a complete set of plans and specifications, the hit promptly review the same and notify the Person submitting whether it DY byes thesplan$ or whether it requires changes thereto. Alternately, the ACC may disapprg ; pins by so noting thereon and returning it to the Person Submitting, accompaniethb\a Statement of the reasons for disapproval. No construction shall be commenced or any portion ofthe Property unless and until the plans for the Residence or Structure in quéstiok hav¢ been approved in writing by the applicable ACC or the applicable Declarant.

Time for Review/Approval. The ACC shall approve or disapprove all plans

lans for the Residence or Structure in quéstiok hav¢ been approved in writing by the applicable ACC or the applicable Declarant.

Time for Review/Approval. The ACC shall approve or disapprove all plans properly submitted to it for construction within thirty (30) days after the date it receives a complete set of plans and specifications therefore, if an ACC fails to specifically approve or disapprove of any plans within such thirty (30) day period, then the ACC shall be deemed to - have approved the plans submitted.

(c) Review Standards. The ACC, in reviewing and approving plans for construction of Structures or Residences, shall use commercially reasonable efforts to promote and ensure a Page 10 of 44 high level of taste, design quality, aesthetic harmony, and conformity throughout the Property, consistent with the standards established by this Declaration and the Design Guidelines.

(d) Design Guidelines/Building Standards. A Declarant or an ACC may, but is not required to, from time to time, establish specific guidelines and building standards to assist Persons in determining the type of Structures and Residences which may be constructed on the Property. Pursuant to Sections 8.1 and 8.2, the Declarant may annex additional property to become a part of the Property in accordance with Sections 8.1 and/or 8.2 hereof, and a DgG{arant may develop its portion of the Property in various Phases. A Declarant may establis ing restrictions, guidelines and building standards for each such Phase of the Propertys .

impose more restrictive or less onerous building standards with respect to a partig ACC or the Declarant may amend or modify such guidelines or standards frorg sole discretion. Such guidelines or standards shall supplement this Declaatj

ous building standards with respect to a partig ACC or the Declarant may amend or modify such guidelines or standards frorg sole discretion. Such guidelines or standards shall supplement this Declaatj guides to permitted construction within the Declarant’s Property, buy authority of the ACC and the Declarant to approve plans as othepwise he (e) Failure to Obtain Approval. The constructig ir{ raplacement, installation, improvement or placement of any Structure or improvement'pf any typg on a Lot or Residence without the prior written approval from the ACC shgthconstitite_grourids for the imposition by the ACC or the Association of an automatic fine against the Owner of said Lot not to exceed One Hundred and No/100 Dollars ($100.00) per day ee unapproved construction, repair, replacement, cS or placement commenced and continuing until the earlier of the date & oh/ stidh Ywner has either (i) obtained ACC approval (or deemed approval) of such or\gongkuchén, repair, replacement, installation or placement of the offending Structure(s) i) remtgved such offending Structures and restored its Lot to substantially the setts chnlitiohi \as” existed prior to commencement of such construction, repair, replacemmés dlatierl 4r placement thereof. A fine levied under this (f) . Neither the Declarant, its officers, directors, partners, , agents, employees, r¢py ives, parent or subsidiaries, nor the Association, the Board, or the AsAective members, shall be liable to any Person for any official act aechion-with submitted plans and specifications. Notwithstanding any approval by the ant or eyACC, neither a Declarant nor an ACC shall be responsible or liable to

e to any Person for any official act aechion-with submitted plans and specifications. Notwithstanding any approval by the ant or eyACC, neither a Declarant nor an ACC shall be responsible or liable to any Per. with respect to any loss, liability, claim or expense which may arise by reason of s e construction of a Residence or Structure related thereto. Neither a Dedcharaxt, Association, the Board nor an ACC shall be responsible in any way for any defect\in apy plans or specifications submitted, reviewed or approved in accordance with the provisions of this Declaration, nor for any structural or other defects in any work done according to such plans or specifications. No approval of any plans by either an ACC or a Declarant shall be construed to mean that the plans comply with any applicable law, building code, or governmental regulation, it being the responsibility of the Person submitting any plans to assure compliance with all applicable laws. Conversely, the issuance of a building permit or any approval from any governmental authority shall not, under any circumstance, constitute any evidence that construction of a Residence or a Structure complies with the terms and conditions contained in this Declaration or the Design Guidelines. No Declarant or members of an ACC -10Page 11 of 44 shall have liability for decisions made by them regarding the approval or disapproval of plans, so long as the decisions are made in good faith and are not discriminatory, arbitrary, or capricious.

Section 3.4 Specific Construction Provisions.

(a) Setbacks. All Residences and other Structures shall be constructed in conformity with the setback requirements of the City and the building lines reflected on the Plat.

ic Construction Provisions.

(a) Setbacks. All Residences and other Structures shall be constructed in conformity with the setback requirements of the City and the building lines reflected on the Plat.

greater of (i) 2,000 square feet or (ii) the minimum: square footage required by Residence. Each Residence shall be of new construction on a Lot and nq manufactured housing shall be permitted on the Property except as authorize Property.

(c) Garage Requirements. Each Residence shall or detached garage constructed as a part thereof, in comp!

provide off-street parking space (inclusive of garag automobiles. No garage shall be modified or converte alds 8ffices operated by Builders in the Subdivision for which the garage may be rf ‘rted to living space or for other uses during periods in which such Residence(s) ar&bein& opefated as a model home or sales office of a Builder.

(d) : ats/ All driveways and sidewalks shall conform to applicable City and other 4on Yn ML “Specifications and regulations. Each Lot must be accessible to an adjoining Sefget dx aNey by a concrete driveway unless other materials are approved in writing by the ACG yuired by the City, concrete sidewalks shall be installed on Antennas, Aerials and Satellite Dishes.

(A) Any antenna or satellite dish less than one meter in diameter shall be installed so as to not be visible from any street or the ground level of any adjacent Lot or Common Area, and shall be integrated with the Residence and surrounding landscape.

(B) Any broadcast television antennas and any other antennas and aerials shall be located inside the attic of the Residence constructed on the Lot.

(C) One (1) satellite dish over one meter in diameter shall be permitted per Residence only if it is not visible from any street or the ground level of an

ttic of the Residence constructed on the Lot.

(C) One (1) satellite dish over one meter in diameter shall be permitted per Residence only if it is not visible from any street or the ground level of an Page 12 of 44 adjoining Lot or Common Area, and does not extend above the height of the fence surrounding the Lot on which such satellite dish is located.

(D) With respect to any antenna or satellite dish covered by Section 47 C.F.R. Part I, Subpart S, Section 1.4000 (or any successor provision) promulgated under the Telecommunications.Act of 1996, as amended from time to time, the provisions of Section 3.4(e)(1)(A) and 3.4(e)(1)\(B) shall be applicable only to the extent that the requirements hereof do not (A) preclude reception of an ace quality signal, (B) unreasonably delay or prevent installation, maintg (2) Fences and Walls. All fences constructed within the a minimum of six foot (6’) high board-on-board wood fence, stg oil base stain and constructed with metal posts; pro ded ACC. Any transition between intersecting fences of differing heights shall § g slope a distance of two feet (2’) from the point of intersection. No g@xces or We 1 be constructed on any lot, other than by the Builder or Declarant, proved in writing by the ACC or the Board in the absence of an ACC.

(3) Qutbuildings. Out approved by the applicable ACC consistent with Section 2.2(1) herein.

éd hereto and incorporated herein by reference or other design approved in writing bythe ACC or Declarant, and be designed and constructed in accordance with any applicable guidelines and/or requirements of the City and/or United States Postal Service.

(9) Recreational Facilities. A tennis court, swimming pool and/or other

nd constructed in accordance with any applicable guidelines and/or requirements of the City and/or United States Postal Service.

(9) Recreational Facilities. A tennis court, swimming pool and/or other recreational facilities may be constructed within any Lot provided the plans are approved by the ACC prior to commencement of construction to ensure compliance with the requirements contained in the Design Guidelines with respect to location and screening.

Above ground pools are prohibited. All pool service equipment shall be either screened with shrubbery or fenced and located in either (A) a side yard between the front and rear ox [ Page 13 of 44 boundaries of the Residence, or (B) in the rear yard, or (C) otherwise concealed in a location not visible from any Street, Common Area or adjacent Lot.

(10) Signage. No sign or signs of any kind or character shall be displayed to the Streets or otherwise to the public view on any Lot ot Common Area, except for a Declarant’s signs or Builders’ signs approved by a Declarant for such Declarant’s Property, and except that: (A) Any Builder, during the applicable initial constructio period, may utilize one (1) professionally fabricated sign (of not more professionally fabricated signs (of not more than thirty-two size) in the Property advertising a model home or advertists front yard and one [1] in the back yard), and (iii) quare feet in size; of may display up to two (2) flags on or at a Residence, He the United States flag(s), Texas state flag(s) or other Alled on any Lot; (F) Each Residence may display up to two (2) spirit signs or other signs in support of athletic events and/or teams which are not otherwise consistent with the covenants, conditions and restrictions contained in this Declaration; and

to two (2) spirit signs or other signs in support of athletic events and/or teams which are not otherwise consistent with the covenants, conditions and restrictions contained in this Declaration; and (G) Each Residence may display seasonal decorations (including lights, lawn ornamentation, flags and banners) for a duration of no longer than six (6) weeks during the applicable season and provided that such decoration is in any event consistent with the covenants, conditions and restrictions contained in this © Declaration; and -13Page 14 of 44 (H) One (1) sign for each candidate and/or ballot item on advertising such political candidate(s) or ballot item(s) for an election shall be permitted in accordance with Section 202.009 of the Texas Property Code, provided that: (1) such signs may not be displayed (A) prior to the date which is ninety (90) days before the date of the election to which the sign relates, and (B) after the date which is ten (10) days after that election date; (ti) such signs must be ground-mounted; and (iii) | such signs shall in no event (A) contain siding, paving materials, flora, one or more balloons ordigh similar building, landscaping, or nonstandard decgrats be attached in any way to plant material, a traffic/ce trailer, a vehicle, or any other existing Sprrete ett} (C)Whclude the contain language, graphics, or any dis ordinary person, or (H) be a All signs must be professionally produced ghd ms permission to the ACC (or its dul Cohithord eyts) to enter upon a Lot or any part of accor gdvertising structure that does not comply assessment account, be payable upon demand and ated in Article 6.

imum City required coverage but not less than eighty-five (85%) brick or , or stone or stone veneer, or other masonry. material, including, without

count, be payable upon demand and ated in Article 6.

imum City required coverage but not less than eighty-five (85%) brick or , or stone or stone veneer, or other masonry. material, including, without Pfo¥ed in writing by the ACC. No single wall of any Residence constructed or placed on a Lot shall be less than seventy-five percent (75%) brick or brick veneer, or stone or stone veneer, or other masonry material, including, without limitation, cementitious siding or hardi-plank siding, that is approved by the City and approved in writing by the ACC, unless the wall is on an outdoor or open porch, patio, breezeway or courtyard. The exterior portion of any fireplace chimney shall be one hundred percent (100%) brick, brick veneer, stone, stone veneer, stucco, including, without limitation, cementitious siding or hardi-plank siding, that is approved by the City and approved in writing by the ACC, and any exposed spark arrestor must be contained within a chimney cap on all chimneys. No material on the exterior of any building or other improvement except « bas Page 15 of 44 wood, hardboard or stucco, shall be stained or painted without the prior written approval of the ACC. All wood, hardboard or stucco used on the exterior of a Residence must be painted or stained in a color compatible with the exterior design and materials used in the exterior construction of such Residence, and as approved by the ACC.

(2) Roof Materials. Minimum thirty (30) year warranty shingle or equivalent is required. Color of shingles to be weathered wood or similar color. All roofing materials must be fireproof and conform to City requirements, and are subject to afjroval must be weather wood or a similar color.

(3) Garage Doors. All garages facing the street adj

olor. All roofing materials must be fireproof and conform to City requirements, and are subject to afjroval must be weather wood or a similar color.

(3) Garage Doors. All garages facing the street adj front property line of a Lot shall have sectional garage doors carriage style door, as approved in writing by the ACC.

Section 3.5 Height Restrictions. All Structures shall confgrm to height restrictions of the City.

Section 3.6 Roof Restrictions. All Residences sh ve a minimum front elevation roof pitch of 8:12 slope, and the side or rear elevation-Teo h of any Residence shall have a minimum 8:12 slope, and the elevation of sedge oe porch shall have a minimum 4:12 slope, unless otherwise approved in writin ué Adchitettural Control Committee. The roof security fences shall be co Property designated by De through appropriate ce improperly disposed 6 shall use reasonable, dy a-Fach Owner of a Lot on which improvements are being constructed ant alleys reasonably cleared of mud and dirt left by construction vehicles process. All areas under construction shall be maintained in a clean, safe condition, and debris, trash, and rubble shall be stored in appropriate containers and promptly removed from the Property. In addition to the foregoing, in the event that following the commencement thereof, the construction of Structures or a Residence (including the initial Residence) on any Lot ceases for a period of sixty (60) or more consecutive days, upon delivery of written notice by the Declarant or the Association delivered to the Owner of such Lot, the Association may assess, as a Special Assessment against the Lot and the Owner thereof, construction delay damages in the amount of Fifty and No/100 Dollars ($50.00) per day until the construction work related to such

assess, as a Special Assessment against the Lot and the Owner thereof, construction delay damages in the amount of Fifty and No/100 Dollars ($50.00) per day until the construction work related to such Structures and/or Residence recommences.

-15Page 16 of 44 Section 3.8 Landscaping. Weather permitting, landscaping of a Lot must be completed within thirty (30) days after (a) the date on which any Residence on a Lot is ninety-five percent (95%) complete, with respect to the initial construction of a Residence on a Lot, or (b) the date on which an Owner commenced installation and/or construction of such landscaping improvements with respect to landscaping improvements and work on Lots with existing Residences. Each Lot shall include at least (1) one (1) tree with a caliper of three inches (3”) or greater within the front yard of each Lot, (2) one tree with a caliper of three inches (3”) 0 (collectively, the “Minimum Landscaping Requirements”). With respect to eg installed at or near the Lot line of any Lot running parallel to a Street ora obligation to maintain same at the Owner's cost, and shall hg are provided for in this Declaration).

Section 3.9 Retaining Walls. _Retaining wallszhe Lots § as required by Section 2.2(j) hereof. Such materials and height, and in a manner and logatioy if applicable. All retaining walls visible ‘bo? 2 Lid writing by the ACC and the City, slley i in front of a Lot, and, for corner ished with landscape quality rock or StH, Any retaining walls built by Dec its‘ oaies on Common Area to be maintained by the Association shall be conyéyed infained by the Association as Common Areas and/or Common Amenities. j located within a Lot shall be maintained and repaired by the Owner of grant reasonable waivers of the construction provisions set forth in

by the Association as Common Areas and/or Common Amenities. j located within a Lot shall be maintained and repaired by the Owner of grant reasonable waivers of the construction provisions set forth in uch waiver shall not entitle any other Person to a similar waiver.and th respect to portions of the Property for which such ACC is responsible supersede any decision or action of such ACC.

Section 3.12 Repairs, Replacements and Modifications. The provisions of this Article 3 shall | apply to any and all repairs, replacements or modifications of any improvements placed upon any Lot and shall not be deemed or construed as being limited to initial or new construction.

ARTICLE 4 MAINTENANCE PROVISIONS -16Page 17 of 44 Section 4.1 Owner’s Obligation to Maintain. Each Owner shall maintain its Lot and the Residence and other Structures thereon in a clean, first class condition. Each Owner shall keep all landscaping and sprinkler systems on such Owner's Lot in a neat, orderly and well-maintained condition and shall keep the sidewalk, if any, on or in front of such Owner's Lot in good condition and repair. Each Owner shall regularly mow grass on its Lot so that at all times so that such Owner’s Lot contains no weeds, grass or unsightly growth exceeding twelve inches (12”) in height, unless maintained by the Association as provided under Section 3.8 herein. Each Owner shall maintain the exterior of its Residences and Structures in good condition and sh such repairs and replacements as necessary to maintain good order and the aesthetic ha the Property.

Section 4.2 Damaged Improvements. If any Residence or Structure is dag the Owner shall immediately repair such damage.

Section 4.3. Declarant/Association Right to Perform. If a condition of its Lot, the landscaping thereon, including

If any Residence or Structure is dag the Owner shall immediately repair such damage.

Section 4.3. Declarant/Association Right to Perform. If a condition of its Lot, the landscaping thereon, including deceased trees and shrubs, or the Residence or other Struc Declarant or the Association has furnished written n of such Lot hereby grants permission to such Decl agents) to enter upon such Lot and a. thosg-dy without liability whatsoever to such Owner or a espass, conversion, or any claim for damages. The cost of performing su ® added to the Owner’s assessment account and shall bear interest at the rate of e {nt (12%) per annum (but not in excess of the lawful maximum rate), be payabl entand, and shall be secured by the Assessment Sr grants to the Association, the Board, and the applicable (a) Generally.

, and maintain all facilities and improvements within any Declarant the right to 4 te-Easement. By acquisition of a Lot, each Owner hereby grants, creates Nd ociation, the Declarant prior to the establishment of the Association and éments within such Owner’s lot and shown on the Plat and (ii) an area five sides of the shared property line of each Lot within the Property, for the purpose grading and/or drainage improvements serving the Lots and/or the Property, and (b) permitting runoff and/or storm water to drain from other adjacent Lots over, through, under and across the Owner’s Lot(s) to the extent such drainage does not adversely affect any Residence; provided, however, in no event shall Declarant and/or the Association be liable to maintain, repair or restore any grading or drainage on or serving any Lot. Neither the Declarant nor Declarant's successors or assigns shall be liable for any loss of, or damage done to, any shrubbery, grass,

, repair or restore any grading or drainage on or serving any Lot. Neither the Declarant nor Declarant's successors or assigns shall be liable for any loss of, or damage done to, any shrubbery, grass, flowers, improvements, fences, sidewalks, driveways or buildings of any type or the contents » thereof on any Lot caused by any water levels, rising waters or drainage waters.

Notwithstanding any of the foregoing rights of the Association or the Declarant, each Owner -17Page 18 of 44 hereby agrees to maintain the Drainage Easement area at such Owner’s sole cost and expense. If any structures or other obstructions are constructed, created or placed by any Owner within the Drainage Easement area without the prior written consent of the Association and/or the Declarant, the Declarant or the Association shall have the right to remove such structure or obstruction at the sole cost of such Owner.

ARTICLE 5 OWNERS’ ASSOCIATION Section 5.1 Establishment. The Association has heretofore been or will hereaft¢ as a Texas non-profit corporation. Each Owner of a Lot shall be a member of the such membership is appurtenant to and shall not be separated from ownership@ term of existence of the Association and other matters pertaining to its its Certificate of Formation and the By-Laws. The Associatign-is_es' Declaration and the Covenants, to promote the interests Property, and to enhance the value of the Lots as part of a onio subdivision.

Section 5.2 Membership; Voting Power.

(a) Generally; automatically be and must remain a Me Owner. The membership of a Person in the of ownership. Any transfer of jf the Association appurtena have two classes of voting orth Jnjthe remainder of this paragraph, the Class B membership applicable to the

he membership of a Person in the of ownership. Any transfer of jf the Association appurtena have two classes of voting orth Jnjthe remainder of this paragraph, the Class B membership applicable to the aydnt’s Property shall be converted to Class A membership upon the earlier of (i) the total votes outstanding in the Class A membership applicable to a Declarant’s portion of the Property equaling the total votes outstanding in the Class B membership applicable to such Declarant’s portion of the Property, (ii) five (5) years from this filing, or (iii) the recording in the Real Property Records of Tarrant County, Texas, of a notice signed by the Declarant terminating its Class.B membership. In determining the number of Lots owned by a Declarant for the purpose of Class B membership status hereunder, the total number of Lots covered by this Declaration, including all Lots annexed thereto in accordance with Sections 8.1 and/or 8.2 herein, shall be considered. In the event the Class B membership has previously lapsed as provided in (i) above, but annexation of -18Page 19 of 44 additional property restores the ratio of Lots owned by a Declarant to the number required for Class B membership status, such Class B membership shall be reinstated until it expires pursuant to the terms hereof.

(b). Members in Good Standing. A Member shall be considered to be a “Member in Good Standing” (herein so called) and eligible to vote on Association related matters if such Member: (i) Has, at least ten (10) days prior to the taking of any vote the Association, fully paid all Assessments or other charges levied by the As HAN} as such Assessments or charges are provided for hereunder; (ii) Does not have a Notice of Unpaid Assessments fil against the Lot owned by such Owner;

Assessments or other charges levied by the As HAN} as such Assessments or charges are provided for hereunder; (ii) Does not have a Notice of Unpaid Assessments fil against the Lot owned by such Owner; (iii) | Has not received any notice of a violati, of violation of any design guidelines promulgated! b (iv) Has discharged all stew obligatignsXto the Association as may be required of Members hereunder or under the Association ments.

the Board's sole and exclusive, Jyden prevented prior payment. Any/ME ef in Good Standing and any such Member shall not Association until such time as Member in Good anything to the contra Awet herein, for as long as required under the Texas Residential Saad Owners Pro iS, 4s amended from time to time (Texas Property Code, Section kite cohithined in thi : elect digé xe ardor on matters that affect such Member’s rights or responsibilities with Documents.

(d) Specific Powers of Board. Without limiting the authority granted to a board of directors under the Texas Business Organizations Code, the Board shall have.the following specific powers on behalf of the Association: (1) to enforce the provisions of this Declaration; (2) to enter into contracts; wii “Page 20 of 44 (3) to retain third parties, as necessary, to assist the Board in carrying on the Association’s activities, including engineers, accountants, lawyers, architects, land planners, professional management, and other consultants; (4) to take such action as necessary to maintain the Common Area and Common Amenities in good order and condition; (5) to acquire property, services and materials to carry out its duties; -(6) to purchase insurance covering potential liability for use ACO n Area and/or Common Amenities and for other risks; (7) to borrow money for Association purposes;

materials to carry out its duties; -(6) to purchase insurance covering potential liability for use ACO n Area and/or Common Amenities and for other risks; (7) to borrow money for Association purposes; (8) to initiate and defend litigation, arbitrayfop-amd oth’x sim#ar proceedings; (9) to promulgate reasonable rules and rég ¥ fr access to and use of ‘procedures by which the Board may assess against Owners for violations of the Covenants or the Design Guidelines; (10) to establish and oS fees for the use of any Common Amenities within or on the Common #4 A seaSonable fee for copying and furnishing copies ecuynents and furnishing a Resale Certificate (as extent required by law. This function and the authority may be delegated or assigned by the Board to the (11) | to establi d of the Association’s i hereinafter definedyas called mééting of the Members in person or by a legitimate proxy in 1 form provided in the Association Documents or otherwise approved by the Board, at which a “Regular Quorum” or a “Special Quorum” is present. Written notice of a meeting must be given to all Members not less than ten (10) days nor more than thirty (30) days in advance of any such meeting and shall set forth the purpose(s) of such meeting. No action may be taken at a meeting on any matter that is not described in the applicable meeting notice as being on the agenda for such meeting.

Notwithstanding anything herein to the contrary, to the extent permitted by applicable law and in the Association Documents from time to time, any action may be taken by written consent of ths Members in lieu of formal meetings.

20) Page 21 of 44 (b) Special Quorum. The quorum (a “Special Quorum”) required for any action

s from time to time, any action may be taken by written consent of ths Members in lieu of formal meetings.

20) Page 21 of 44 (b) Special Quorum. The quorum (a “Special Quorum”) required for any action referred to in Section 6.3(b) (maximum increase in Maintenance Assessments) hereof or Section 6.4(a) (Special Purpose Assessments) hereof: Members in Good Standing, represented at a duly called meeting of the Members in person or by a legitimate proxy in form provided in the Association Documents or otherwise approved by the Board, entitled to cast thirty percent (30%) of all of the votes of MergBers in Good Standing (both classes of Members taken together) shall constitute a Special Quoxum. If the required Special Quorum is not present at such meeting, that meeting may be ad d an additional meeting may be called, subject to, the notice requirement set fort e required Special Quorum at such second (2nd) meeting being reduced to oné 2) € required Special Quorum at the preceding meeting; provided, however, tha ghd (2nd) meeting must be held not later than thirty (30) days after the first (1st er, if the reduced required Special Quorum is not present at such seger eeting, the adjournment of the meeting shall be continued, and one (1) A ‘subject to the notice requirement set forth herein, with Declare Special Quorum at such third (3rd) meeting; provided that suh taird (4r¢) meeting must be held not later than forty-five (45) days after the first (1st) m@eti (c) Regular Quorum. The quorum (a “N Quorum’ 5 required for any action ered be as follows: person or by a legitimate proxy in form i in the Association Documents or otherwise approved by the Board, entitled Nxt 2 0%) of all of the votes of Members in Good Standing (both classes of Mepfiber.

required Regular Quorum is

roxy in form i in the Association Documents or otherwise approved by the Board, entitled Nxt 2 0%) of all of the votes of Members in Good Standing (both classes of Mepfiber.

required Regular Quorum is additional meeting may bk required Regular Quorum € required Regular Quo: meeting must be held Stich meeting, that meeting may be adjourned, and an subject? to the notice requirement set forth herein, with the second (2nd) meeting being reduced to one-half (1/2) of the ceding meeting; provided, however, that such second (2nd) én thirty (30) days after the first (1st) meeting. Further, if the s forum is not present at such second (2nd) called meeting, the adjournment ofthe thettine“may be called, subject to the notice requirement set forth herein, with Detharaat Alon& cdnstituting the required Regular Quorum at such third (rd) meeting; provided third (3rd) meeting must be held not later than forty-five (45) days after the Consent without a Meeting. As an alternative to the procedure set forth in this Section, any action may be taken without a meeting upon obtaining the assent given in writing and signed by Members in Good Standing who hold more than (i) thirty percent (30 %) of the outstanding votes eligible to be cast by Members in Good Standing (both classes of Members taken together) for actions referred to and requiring a Special Quorum as provided in Section 5.4(b) hereof, or (ii) ten percent (10%) of the outstanding votes eligible to be cast by Members in Good Standing (both classes of Members taken together) for actions referred to and requiring a Regular Quorum as provided in Section 5.4(c) hereof.

-21Page 22 of 44 (e) Controlling Provisions. Except as set forth in this Section, the notice, voting and

for actions referred to and requiring a Regular Quorum as provided in Section 5.4(c) hereof.

-21Page 22 of 44 (e) Controlling Provisions. Except as set forth in this Section, the notice, voting and quorum requirements for all action to be taken by the Association shall be as set forth in the Association Documents. In the event a conflict exists between any requirement in of this Section 5.4 and the requirements of any Association Documents, the terms of this Section 5.4 shall prevail.

Section 5.5 Dissolution. So long as a Declarant owns record title to any portion of the Property, the Association shall not be dissolved. Once the Declarant is divested of all ovptig interest in the Property, the Association may be dissolved upon the written consent of with purposes similar to the Association, and (b) such nonprofit exeaniaation writing the obligation to maintain the donated assets in accordance Declaration.

ARTICLE 6 ASSESSMENTS sociat? powered to establish and pose of obtaining funds to maintain Section 6.1 Power to Establish Assessments. Tho collect Assessments as provided in this Article 6 OF k and further the operation of the Property as purposes for which Assessments may be oa j managing, repairing, replacing or improvin expenses incurred in enforcing ay s Hedlarat administering assessments; paying ehsyra Org ACC, the Board and the~ds NN Id satisfying any indemnity obligation under the Association Documents. Soa ay reject partial payments and demand payment in full of all amounts due and owing socjation. The Board is specifically authorized to establish a policy governing how payments ate ied.

ti 3 Gay t of Assessments.

Ne b inner a Declarant and any Person, the Assessments shall commence, as to

tion. The Board is specifically authorized to establish a policy governing how payments ate ied.

ti 3 Gay t of Assessments.

Ne b inner a Declarant and any Person, the Assessments shall commence, as to e Declarant’s Property, upon conveyance of the Lot by the Declarant to any owns. A Declarant may, but’shall have no obligation to, subsidize the Association from time to time. In the event a Declarant decides to subsidize the Association and any shortfall in the operating budget of the Association is due in part to the failure of the Association to collect delinquent Assessments, then the Association shall immediately and vigorously pursue collection of such delinquent Assessments through foreclosure, if necessary, and shall reimburse the Declarant the amounts, if any, so collected.

Section 6.3 Regular Annual Maintenance Assessments.

or Page 23 of 44 (a) Annual Budget. For each calendar year or a part thereof during the term of this Declaration, the Board shall establish an estimated budget of the expenses to be incurred by the Association for the forthcoming year in performing its duties (collectively, the “Common Expenses”). Based upon such budget, the Association shall then assess each Lot an annual fee (the “Maintenance Assessment”) which shall be paid by each Owner in advance as follows: semi-annually on the first day of each February and July, unless the Board determines a different schedule. The Association shall notify each Owner of the Maintenance Assessment¢1§ ensuing year by December 15 of the preceding year, but failure to give such notigg sh¢ thereafter bear interest at the Default Interest Rate (as defined below) as p 6.5(f). As to any partial year, Maintenance Assessments on any Lot sha prorated. Until and unless otherwise determined by the Board, tf

ar interest at the Default Interest Rate (as defined below) as p 6.5(f). As to any partial year, Maintenance Assessments on any Lot sha prorated. Until and unless otherwise determined by the Board, tf Assessment shall be One Thousand Seven Hundred and No/10 per year.

(b) Limits on Maintenance Assessments. The Bga Assessment annually to meet the anticipated ng@d ppropriate budget, but the (10%) above the previous year’s Maintenance Ass¢ssn Waless such increase is approved by a majority vote of those members of the Assgciatié aYa meeting, in person or by proxy, where a Special Quorum exists. Notwithet gregoing, in the event that the Board determines that due to. unusual circumstance a¥imum annual Maintenance Assessment ard“Shall have the right to increase the maximum annual Maintenance Assessm t necessary to provide sufficient funds to cover the Common Expenses vw however, the Board shal 6.3(b).

Pyrp Codiities, to satisfy its indemnity obligations under the Association Documents, or for imitlar purposes. Any Special Purpose Assessment proposed by the Association must be approved by a majority vote of those members of the Association present at a meeting, in person or by proxy, at which a Special Quorum exists. At least fifteen (15) days prior to any meeting of the Association called to consider any Special Assessment, the Board shall notify each Owner thereof by written notice specifying the total amount of the Special Purpose Assessment required, the amount thereof imposed on each Lot (which shall be uniform), the purpose for such Special Purpose Assessment, and the time and method of payment thereof. The time for paying

e Assessment required, the amount thereof imposed on each Lot (which shall be uniform), the purpose for such Special Purpose Assessment, and the time and method of payment thereof. The time for paying any Special Purpose Assessment (which may be in installments) shall be as specified in the approved proposal.

-23Page 24 of 44 (b) Special Member Assessments. The Board may levy a “Special Member Assessment” (herein so called) on any Member, to the extent any directly related insurance proceeds (if any) paid to the Association are not'sufficient to pay all such costs, for the purpose of: (i) Paying the cost of any damage or loss requiring maintenance, repairs or replacement of Common Amenities, which damage or loss has been determine the Board to have been caused, either directly or indirectly, by the act(s) of such Me , or such Member's agent, employee, occupant or visitor; (ii) Paying. the maintenance costs, construction delay imposed for violations of this Declaration, the Design Guideling and/or regulations promulgated thereby or other amounts charge otherwise set forth herein; and/or review of a Member’s plans and related inspections itted pyrsuant to Section 3.2(c) hereof.

A geen ey on Crh er MS Section 6.5 Liabili ersonally liable for all Assessments a Lot.

(a) Personal Liability. Each G imposed against the Owner’s Lot during the t eS fil F’nforcement of Assessment Lien. Declarant pralingtion, 4 te-thd Association, a continuing contractual lien (the (b) catéd on such Declarant’s portion of the Property to posed hereunder and (2) payment of any amounts DEFAULT INTEREST RATE SET FORTH IN SECTION 6.5(£) S“MADE AS AUTHORIZED IN SECTION 6.5(e) HEREOF, ALL

catéd on such Declarant’s portion of the Property to posed hereunder and (2) payment of any amounts DEFAULT INTEREST RATE SET FORTH IN SECTION 6.5(£) S“MADE AS AUTHORIZED IN SECTION 6.5(e) HEREOF, ALL AND THE COSTS OF COLLECTION, INCLUDING, BUT NOT pO ONSELE ATTORNEYS' FEES, IS SECURED BY A CONTINUING ASSIGNEES. The continuing contractual Assessment Lien shall attach to the Lots as of the date of the recording of this Declaration in the Real Property Records of Tarrant County, Texas, and such Assessment Lien shall be superior to all other liens except as otherwise provided in this Section 6.5(b). Each Owner, by accepting conveyance of a Lot, shall be deemed to have agreed to pay the Assessments herein provided for and to the reservation of the Assessment Lien. The Assessment Lien shall be subordinate only to the liens of any valid first lien mortgage or deed of trust encumbering a particular Lot. Sale or transfer of any Lot shall not affect the Assessment Lien. However, the sale or transfer of any Lot pursuant to a first mortgage or deed of trust foreclosure (whether by exercise of power of sale or otherwise) or any proceeding in lieu thereof, a Page 25 of 44 shall only extinguish the Assessment Lien as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability and the Assessment Lien for any Assessments thereafter becoming due. The Assessment Lien may be non-judicially foreclosed by power of sale in accordance with the provisions of Section 51.002 of the Texas Property Code (or any successor provision) or may be enforced judicially. Each Owner, by accepting conveyance of a Lot, expressly grants the Association a power of sale in connection with the

he Texas Property Code (or any successor provision) or may be enforced judicially. Each Owner, by accepting conveyance of a Lot, expressly grants the Association a power of sale in connection with the foreclosure of the Assessment Lien. The Board is empowered to appoint a trustee, who may be a member of the Board, to exercise the powers of the Association to non-judicially fore Assessments Lien in the manner provided for in Section 51.002 of the Texas Prope any successor statute): The Association, through duly authorized agents, shall have bid on the Lot at foreclosure sale and to acquire and hold, lease, mortgage and The rights and remedies set forth in this Section 6.5(b) are subject to the Property Owners Protection Act, as amended from time to time (Texas Pro 209.001 et seq.).

(c) Notices of Delinquency or Payment. The Ass or the Declarant may file notice (a “Notice of Unpaid Asp payment of any Assessment in the Real Property Records ASSESSMENT LIEN MAY BE ENFORCED BY LIEN UPON THE DEFAULTING OWNER'S LOT BYHE ASSOCIATION SUBSEQUENT INRANO ASSESSMENTS EITHER BY TO THE RECORDING OF THE NOTICE OEF-% JUDICIAL FORECLOSURE OR BY NON PIN, t5 PUBLIC SALE IN LIKE MANNER fORTGAGE ON REAL PROPERTY IN ACCORDANCE WITH OF THE TEXAS PR RTY ODE, AS SUCH MAY BE REVISED, AMENDED, SUPPLEMENTED OR ; R through its attorney is hereby gt by the defaulting Owner ofa actual cost of preparing behalf of such Owner or a certificates evidencing Abe whether they are curr¢ its Managing Agen sgse. Upon request of any Owner, any title company on >mortgagee, the Board through its agents may also issue oye yndvient and if delinquent, the amount thereof). The Association or

its Managing Agen sgse. Upon request of any Owner, any title company on >mortgagee, the Board through its agents may also issue oye yndvient and if delinquent, the amount thereof). The Association or ayWimpoge a reasonable fee for furnishing such certificates or statements.

Late Charges and Collection Fees. If any Assessment or any part thereof remains unpaid after thirty (30) calendar days from and after the due date established by the Board, a late charge shall be assessed against the non-paying Owner for each month or any part thereof, that any portion of any Assessment remains unpaid. Should any Assessment be payable in installments, the Association is authorized to accelerate the entire Assessment and demand immediate payment thereof. The late charge shall be in the amount of Twenty-five and No/100 Dollars ($25.00) per month. The Association’s Managing Agent shall be entitled to charge an Owner a monthly collection fee to compensate Managing Agent for its administrative costs and efforts to collect and process the late payment of Assessments. A service charge in the amount of -25Page 26 of 44 Twenty and No/100 Dollars ($20.00) shall be charged for each check that is returned because of insufficient funds or any other reason. The amount of late charges and service charges may be _ adjusted, from time to time, by the Board consistent with any changes in the administrative costs to collect unpaid Assessments or the Association’s bank charges. All late charges, collection fees, service charges and attorneys’ fees assessed or incurred due to late payment of Assessments shall be charged to an Owner’s Assessment account which shall be part of the delinquent Assessment-and shall be payable and secured in the same manner as herein provided with regard to Assessments.

ts shall be charged to an Owner’s Assessment account which shall be part of the delinquent Assessment-and shall be payable and secured in the same manner as herein provided with regard to Assessments.

(ff Interest on Past Due Amounts. All Assessments past due more th: when due shall bear interest from the date due until paid at the rate of eightee annum, but not in excess of the maximum rate allowed by applicable law (g) addition to the other powers herein granted any of the Common Area and/or Common Sot uspend the right of an Owner to use es during the time that such Owner is on behalf of such Owner {0 Association. This amount NS eserve/Improvement Fund” (herein so called) of the saidable, shall be in addition to, not in lieu of, the gertts made by the Association pursuant to the terms of this Declaration ents. Such amount shall be reviewed yearly and may be increased, management of the Association. The Managing Agent may, and probably will, have fees, which will be charged to an Owner for the transfer of a significant estate or fee simple title to a Lot and the issuance of a “Resale Certificate” (herein so called). The Association or its agent shall not be required to issue a Resale Certificate until payment for the cost thereof has been received by the Association or its agent. Transfer fees and fees for the issuance of a Resale Certificate shall in no event exceed $250.00 for each home being conveyed and are not refundable and may not be regarded as a prepayment of or credit against regular or special assessments, and are in addition to the contribution to the Capital Reserve/Improvement Fund in Section 6.5(i) above. This Section does not obligate the Board or any third party to levy such fees.

- 26 Page 27 of 44 ARTICLE 7 COMMON AREA AND COMMON AMENITIES

Capital Reserve/Improvement Fund in Section 6.5(i) above. This Section does not obligate the Board or any third party to levy such fees.

- 26 Page 27 of 44 ARTICLE 7 COMMON AREA AND COMMON AMENITIES Section 7.1 Right te Use Common Area.

(a) Generally. Each Owner, the members of that Owner’s immediate family, and the Owner’s guests (provided guests are accompanied by an Owner) shall have the right togige the Common Amenities at all times to exercise their rights or (in the case of jf perform its duties hereunder.

family, and the Owner’s visitors, invitees, licensees, lessees, tepax ; gj, ard/or guests, are hereby granted an easement for vehicular and pedestrian Ageese Z om, and access between such Owner’s Lot and the public rights-of-way ad Subdivision over the Streets and alleys located within the Subdivision, including Spési ights of vehicular and pedestrian ingress, egress and access on and over Lot, lock Dag Section 7.2 Common Amenities. Common A Area shall be determined by the Declarant. The reasonable rules and regulations for use of fheSe and the Board may promulgate Ymenities.

OY maintenance, repair, replacement, or improvement ities after initial construction.

located on land adja & Stddivision (across Big Bear Creek) and was dug to provide fill dirt for the Subdiyi He Subdivision to furnish water to fill the ponds and for irrigation of bing. It shall be the responsibility of the Association to monitor and five years to ensure that silt build up does not impair the ponds’ ability to ater. Should the ponds become significantly full of sediment, it shall be the responsibility of the Association will dredge the ponds to establish the original design grades of the pond bottom. The Association is also responsible for maintenance and repair of the water well.

he responsibility of the Association will dredge the ponds to establish the original design grades of the pond bottom. The Association is also responsible for maintenance and repair of the water well.

Section 7.4 Risk of Loss - Use of Common Area and Common Amenities. Each Owner ‘shall be individually responsible and assume all risk of loss associated with its use of the Common Area and/or Common Amenities, and use by its family members and guests. Neither the Association nor the Declarant shall have any liability to any Owner or their family members or guests, or to any other Person, arising out of or in connection with the use, in any manner oF.

Page 28 of 44 whatsoever, of the Common Area, Common Amenities or any improvements comprising a part thereof from time to time.

Section 7.5 Conveyance of Common Area to Association. The Declarant shall convey to the Association the Common Area (which conveyance shall include the and Common Amenities located thereon) located in Property, free and clear of any liens, claims or encumbrances, not later than sixty (60) days after the Declarant no longer owns a Lot in the Property.

_ ARTICLE 8 SPECIFIC DECLARANT RIGHTS Section 8.1 Declarant's Right to Annex Adjacent Property. Declarant ker itself and its affiliates and/or any of their respective successors and assigns.the Net to Annexation, to annex (a) all or any portion of th Declarant, and (b) subject to the provisions of t Association, any additional property located adj Subdivision (collectively, the “Annexed Land” in the immediate vicinity of the the Real- Property Records of Any such annexation shall be e dy tivd e Ming of such Supplemental Declaration in the Real Property Records of Taryahi"GO 36. Declarant shall also have the unilateral right to

eal- Property Records of Any such annexation shall be e dy tivd e Ming of such Supplemental Declaration in the Real Property Records of Taryahi"GO 36. Declarant shall also have the unilateral right to provided that such transfer€ééjer dssidyce shall be the developer of at least a portion of the Section 8.2 a execution and filiz .tecerd by Declarant (or the other owner of the property being added or annexe Sat Such other owner has received a written assignment from Declarant of the A legally sufficient description of the Annexed Land being added or annexed; (ii) | That the Annexed Land is being annexed in accordance with and subject to the provisions of this Declaration, and that the Annexed Land being annexed shall be developed, held, used, sold and conveyed in accordance with, and subject to, the provisions of this Declaration as theretofore and thereafter amended; provided.

however, that if any Lots or portions thereof being so annexed are to be treated differently than any of the other Lots (whether such difference is applicable to other Lots included therein or to the Lots now subject to this Declaration), the Supplemental Declaration should specify the details of such differential treatment ~ 28 Page 29 of 44 and a general statement of the rationale and reasons for the difference in treatment, and if applicable, any other special or unique covenants, conditions, restrictions, easements or other requirements as may be applicable to all or any of the Lots or other portions of Annexed Land being annexed; (iii) That all of the provisions of this Declaration, as amended, shall apply to the Annexed Land being added or annexed with the same force and effect as if said

rtions of Annexed Land being annexed; (iii) That all of the provisions of this Declaration, as amended, shall apply to the Annexed Land being added or annexed with the same force and effect as if said Annexed Land were originally included in this Declaration as part of itial Property, with the total number of Lots increased accordingly; (iv) That an Assessment Lien is therein created and reserved } Association to secure collection of the Assessments as.

Declaration, and as provided for, authorized or contemplated Supplemental Annexed Land being made subject to this Dec (v) Such other provisions as the Declarant therein Section 8.3 Amendment. The provisions of this e 8 may not be amended without the express written consent of Declarant (and Declarants ors and assigns in accordance with the terms hereof).

Section 8.4 No Duty to Annex.

obligation on the part of a Declarant o and no owner of the property exthide ts owned by a Declarant to the number required by Class B membership, hip shall be reinstated until it expires pursuant to the terms of Section 5.2.

amendment is necessary (i) to bring any provisions of this Declaration into compliance with any applicable governmental statute, rule, regulation or judicial determination; (ii) to enable any reputable title insurance company to issue title insurance coverage on the Lots; (iii) to enable any institutional or governmental lender, purchaser, insurer, or guarantor of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to purchase, insure, or guarantee mortgage loans on the Lots; or (iv) to satisfy the requirements of any local, state or federal governmental agency. For so long as the

Home Loan Mortgage Corporation, to purchase, insure, or guarantee mortgage loans on the Lots; or (iv) to satisfy the requirements of any local, state or federal governmental agency. For so long as the Declarant owns any Lot within the Property or Property Subject to Annexation for development -29 Page 30 of 44 and/or sale, Declarant may unilaterally amend this Declaration, without the joinder or vote of any other party, as may be necessary or desirable from time to time in Declarant's sole judgment, to correct or clarify errors, omissions, mistakes or ambiguities contained herein. No amendment pursuant to this paragraph, however, shall adversely affect the title to any Lot unless the Owner affected thereby shall consent in writing.

Section 8.7 Easement/Access Right. The Declarant reserves a general easement over all Streets, roads, rights of way, alleys and utility, maintenance, landscaping, wall easements in the Property and over the balance of the Common Area as reasonably ng Records of Tarrant County, Texas, expressly and specifica assigned its rights as such to a designated assignee and d “Declarant” hereunder. No Person purchasing or otherwise 4 be considered “Declarant” hereunder, unless DeclaraytNnakes a = (1) or more Lots shall es§ and pecs assignment Declarant, in connection with developmeft, Property and construction of homes thereon, reserves the right but shall have no obliga All or construct walls, fences, irrigation the boundary line of a Lot ine \oMsetback lines applicable to such Lot). If a i EO} er(s) of the Lot(s) adjacent to such improvements é q ted, and such Owner(s) shall maintain and repair any Me Declarant or the Association, by and through the Board,

irrigation system, or other i EO} er(s) of the Lot(s) adjacent to such improvements é q ted, and such Owner(s) shall maintain and repair any Me Declarant or the Association, by and through the Board, s any Lot, a Declarant shall have the right, but not the obligation, any such non-setback area improvements located on such Declarant’s aAmprovements at its discretion. If the City requires the maintenance, repair, or such non-setback area improvements, the Association shall assume such or is propérly dissolved, then the Owner(s) of the Lot(s) adjacent to such improvements or on which such improvements are located shall assume maintenance and repair at its expense.

Section 8.10 Replatting or Modification of Plat. From time to time, the Declarant reserves the right to replat its Property or to amend or modify the Plat in order to assure a harmonious and orderly development of the Property as herein provided. The Declarant may exercise such rights so long as it owns any Lot and no joinder of any other Owner shall be required to give effect to such rights, each Owner consenting to the Declarant’s execution of any replat on such Owner’s behalf. However, any such replatting or amendment of the Plat shall be with the purpose of -~30Page 31 of 44 efficiently and economically developing the Property for the purposes herein provided or for compliance with any applicable governmental regulation. A Declarant’s rights under this Section 8.10 shall expire at such time as the Declarant no longer owns a Lot.

Section 8.11 Limitation of Declarants’ Liability. The Declarant shall not be responsible or liable for any deficit in the Association’s funds. The Declarant may, but are under no obligation to, subsidize any liabilities incurred by the Association and the Declarant may, but is not

onsible or liable for any deficit in the Association’s funds. The Declarant may, but are under no obligation to, subsidize any liabilities incurred by the Association and the Declarant may, but is not obligated to, lend funds to the Association to enable it to defray its expenses, provided of such loans are on reasonable market conditions at the time.

be fully released, relieved and forever discharged from any Association or any of its members as a Declarant by reason continued ownership of one or more Lots, but not ¥ whether or not a Declarant has been released from pbli long as a Declarant holds record title to at lea ordinary course of business, neither the Association shall take any action that will in‘y Section, it is acknowledged ta ary insufficient remedy and there On to all other remedies, the Declarant shall be entitled to injunctive rel the Association, its Board or any member of the Association from further bréact ection.

ARTICLE 9 ISCELLANEOUS PROVISIONS v for subsequent periods often (10) years each unless Owners owning at least .

(70%) of the Lots elect to terminate these Covenants by written instrument eal Property Records of Tarrant County, Texas.

Section 9.2 Enforcement. The terms, provisions and conditions of this Declaration and the Design Guidelines shall be enforceable by the Declarants, the ACCs, the Association, and each Owner. The Board shall have the power and authority to impose reasonable fines (which shall not exceed $500.00 for each separate violation) for violation of this Declaration, the Design Guidelines or any rule or regulation of the Association, which shall constitute a lien upon the Lot of the violating Owner as provided in the Declaration, and to suspend the Owner’s right to vote

sign Guidelines or any rule or regulation of the Association, which shall constitute a lien upon the Lot of the violating Owner as provided in the Declaration, and to suspend the Owner’s right to vote or any Person’s right to use of the Common Area and/or Common Amenities. Each day the violation continues to exist shall constitute a separate violation. If any occupant, guest, or invitee ~ 3].

Page 32 of 44 of a Lot violates the Declaration, the Design Guidelines or a rule or regulation of the Association and a fine is imposed, the fine shall be assessed against such Owner, who shall pay the fine upon notice from the Association. No delay or failure on the part of Declarant, the Association or any Owner to invoke any available right, power or remedy with respect to a breach of this Declaration shall be held to be a waiver by that party (or estop that party from asserting) any right, power or remedy available to such party upon the recurrence or continuance of said breach or the occurrence of a different breach. Neither Declarant, the Association nor the Owners, shall Declarant, the Association or any Owner to enforce any provision of this Declaratio event subject Declarant, the Association or any Owner to any claims, liability, cost in the Development.

Section 9.3. General Easement for Encroachments, Agtes Each Owner grants to the Association, the Board, the Declata the other Owners a general easement as reasonably necessary for the maintenance of an},migor gAcfoachments of Common Area and/or Common Amenities over adjoining Lo d for 2 6 and from each Owner’s Lot through driveways, rights of way and easements flected on the Plat for the purpose of giving effect to the provisions of these Covenants.

Section 9.4 Amendment of Declarati nants may be amended by the Declarant

iveways, rights of way and easements flected on the Plat for the purpose of giving effect to the provisions of these Covenants.

Section 9.4 Amendment of Declarati nants may be amended by the Declarant as provided in Section 8.6. In addition, the respect with the affirmative vote or wy (both classes taken together) ae fi né percent (51%) of the total Class A Member votes and Class B Member vogé$ on; provided, however, that no such amendment shall be effective unless jommed “ arant until such time as Declarant no longer owns PxrQpd ject to Annexation.

ng Agent to perform any duties of the Board in accordance with Section 5:2 Yard shall record or cause to be recorded in each county in which the Subdivision is located aThanagement certificate, signed and acknowledged by an officer or the Managing Agent of the Association in accordance with the requirements of Section 209.004 of the Texas Property Code. An amended management certificate shall be recorded no later than the 30" day after the date on which the Association has notice of a change in any information pertaining to the Managing Agent applicable to the Association. Notwithstanding the foregoing or anything to the contrary contained herein, in no event shall the Declarant, the Association and/or their respective officers, directors, employees, and/or agents, or the Board be subject to liability to any Person for a delay in recording or failure to record a management certificate except as otherwise provided by law.

RD a Page 33 of 44 Section 9.7. Notices. Any notice required to be given to any Owner under the terms of this Declaration shall be deemed to have been properly delivered when deposited with the United ‘States Postal Service, postage prepaid, properly addressed to the addressee. Each Owner’s

the terms of this Declaration shall be deemed to have been properly delivered when deposited with the United ‘States Postal Service, postage prepaid, properly addressed to the addressee. Each Owner’s address for purposes of notice hereunder shall be deemed to be the Residence located on its Lot.

Section 9.8 Liability Limitations; Indemnification. Neither Declarant nor any Member, director, officer or representative of the Association or the Board or the ACC shall be pegsgnally intentional wrongful acts or as otherwise expressly ‘provided in the “Assoq 6 Declarant and such directors, officers and ACC members shall have no pe TeeOCTRIGN, SHALL INDEMNIFY AND HOLD DE OFFICERS AND MEMBERS OF THE ACC HA EXPENSES, LOSS OR LIABILITY TO OTHERS O OF THE ASSOCIATION AND EACH MER INDEMNIFIED AND HELD HARMLESS EXPENSE OF THE ASSOCIATION, F ¥ BY INSURANCE PROCEEDS) BY DIRECTOR, OFFICER OR ACC ‘SES, LOSSES AND _ LIABILITIES, INCLUDING, BUT NOT , COURT COSTS AND REASONABLE ATTORNEYS' FEES, R OR IMPOSED UPON SUCH DIRECTOR, OFFICER OR ACC NE: ONNECTION WITH ANY PROCEEDING TO REASONS OF HAVING SERVED MEMBER AND AGAINSY)A AN CASES WHEREIN THE EXPENSES, LOSSES AND FROM A PROCEEDING IN WHICH SUCH DIRECTOR, C MEMBER IS ADJUDICATED GUILTY OF WILLFUL E OF SUCH PERSON'S DUTIES OR INTENTIONAL WRONGFUL ACT EXPRESSLY SPECIFIED IN THE ASSOCIATION DOCUMENTS T FOR WHICH ANY LIMITATION OF LIABILITY SET FORTH IN THE ASSOCIATION DOCUMENTS IS NOT APPLICABLE; PROVIDED, HOWEVER, THIS INDEMNITY DOES COVER LIABILITIES RESULTING FROM SUCH DIRECTOR'S, OFFICER'S OR ACC MEMBER'S NEGLIGENCE. Any right to indemnification provided herein shall not be exclusive of any other rights to which a director, officer or ACC member, or

LTING FROM SUCH DIRECTOR'S, OFFICER'S OR ACC MEMBER'S NEGLIGENCE. Any right to indemnification provided herein shall not be exclusive of any other rights to which a director, officer or ACC member, or former director, officer or ACC member, may be entitled. The Association shall have the right to purchase and maintain, as a Common Expense, directors’, officers’, and ACC members’, insurance on behalf of any Person who is or was a director or officer of the Association or an - 33Page 34 of 44 ACC member against any liability asserted against any such Person and incurred by any such Person in such capacity, or arising out of such Person's status as such.

Section 9.9 Severability. If any of the terms hereof shall be declared invalid by a court of competent jurisdiction, such invalidity shall not affect the other provisions of these Covenants, which shall he in full force and effect.

person or entity to whom such Lot or interest is conveyed shall be deemed to accept@ndagyek to be bound by and subject to all the provisions of the Declaration, the Desig: es, t Association Documents, including any rules or regulations adopted or pré (i) Notice will be delivered by certified m: receipt requested. _ (ii) | The notice must describe the viola y damage that is the basis for the fine for such violation, and state any amo e tion from the Owner.

the Owner is entitled to a reasonable time and that the Owner may request a hearing e Property Code on or before the 30th day after (iii) The notice must inform to cure the violation and avoid hs Vi under this Section 9.11 and Segtiph 209) és the Owner's request, and shall notify the Owner of the date, ot later than the tenth (10) day before the date of the hearing.

xf request a postponement, and, if requested, a postponement shall be

) és the Owner's request, and shall notify the Owner of the date, ot later than the tenth (10) day before the date of the hearing.

xf request a postponement, and, if requested, a postponement shall be ot more than ten (10) days. Additional postponements may be granted x Pp déscribed in Section 9.11(a) hereof shall state that the Owner has the right to ittee's decision to the Board by written notice to the Board.

Arbitration of Disputes Involving a Declarant.

(a) Arbitration. ANY AND ALL DISPUTES ARISING HEREUNDER BETWEEN AN OWNER AND A DECLARANT, SHALL BE SUBMITTED TO BINDING ARBITRATION AND NOT TO A COURT FOR DETERMINATION. ARBITRATION SHALL COMMENCE AFTER WRITTEN NOTICE IS GIVEN FROM EJTHER PARTY TO THE OTHER, SUCH ARBITRATION SHALL BE ACCOMPLISHED EXPEDITIOUSLY IN TARRANT COUNTY AND SHALL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE -34Page 35 of 44 ARBITRATION SHALL BE CONDUCTED BY THREE (3) ARBITRATORS, ONE OF WHOM SHALL BE APPOINTED BY THE OWNER AND ONE OF WHOM SHALL BE APPOINTED BY THE DECLARANT. THE THIRD ARBITRATOR SHALL BE APPOINTED BY THE FIRST TWO ARBITRATORS. THE ARBITRATORS SHALL BE SELECTED FROM A LIST OF ARBITRATORS SUBMITTED BY THE AAA. JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATORS MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ARBITRATION SHALL NOT COMMENCE UNTIL THE PARTY REQUESTING IT HAS DEPOSITED ONE THOUSAND FIVE RED AND NO/100 U. 8. DOLLARS ($1,500.00) WITH THE ARBITRATORS AS A ER FOR THE ARBITRATORS’ FEES AND COSTS. THE PARTY G ARBITRATION SHALL ADVANCE SUCH SUMS AS ARE REQUIRED F KO TIME BY THE ARBITRATORS TO PAY THE ARBITRATORS’ FEES A y AG THE PREVAILING PARTY IS DETERMINED OR THE PARTIES IN CONNECTION WITH AN ARBITRATION PROCEEDIKG-WAHIC!

ADVANCE SUCH SUMS AS ARE REQUIRED F KO TIME BY THE ARBITRATORS TO PAY THE ARBITRATORS’ FEES A y AG THE PREVAILING PARTY IS DETERMINED OR THE PARTIES IN CONNECTION WITH AN ARBITRATION PROCEEDIKG-WAHIC!

RELATES IN ANY WAY TO THIS DECLARATION PRO DED, Ak intent to submit any controversy or tion, in the event that a court of ERCLAIM, OR ,CROSSCLAIM, WHETHER IN CONTRACT. AND/OBeENI6 GARDLESS IF THE TORT ACTION IS PRESENTLY ANY WAY RELA instrumént’ which may then be existing on any Lot. Invalidation of any one (1) or more of the provisions of this Declaration, or any portions thereof, by a judgment or court order shall not affect any of the other provisions or covenants herein contained, which such other provisions and covenants shall remain in full force and effect. No default by an Owner of a Lot under any provision of this Declaration shall affect any existing lien or mortgage on that Lot. A Mortgagee shall not be liable for Assessments made with respect to a Lot during any period in which its only interest in the Lot is that of a Mortgagee.

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] -35Page 36 of 44 st EXECUTED as of December \ 2012.

DECLARANT: TERRA/CREEK VIEW LLC, a Texas limited liability company STATE OF TEXAS § § COUNTY OR IRATE § A/CREEK VIEW LCC, a BEFO ME, the undersigned authori , the Tale Dx ; Texas limited liability company, known to R @ officer whose name is subscribed to the foregoing instrument, and acknowledged to me that s/he executed the same for the purposes and consideration therein expressed, and as tite company, and in the capacity therein stated.

érsonally appeared GIVEN UNDER MY HAND OFFICE, on this (o—- day of December, 2012. , MY COMMISSION EXPIF April 13, 2015

tion therein expressed, and as tite company, and in the capacity therein stated.

érsonally appeared GIVEN UNDER MY HAND OFFICE, on this (o—- day of December, 2012. , MY COMMISSION EXPIF April 13, 2015 8800961 v.2 _ security interests of the Deed of Trust, but shall CONSENT AND SUBORDINATION The undersigned, Mark Cundiff being the Senior Vice President Real Estate of Omni American Bank ("Existing Lienholder"), hereby consents to the filing of the foregoing Declaration of Covenants, Conditions and Restrictions for the Creekview Addition (the "Declaration") and, subject to the terms and provisions of this Consent and Subordination, subordinates to the Declaration the lien and security interests set forth in that certain Deed of Trust (Security Agreement and Financing Statement) dated December 30, 2011, ne recdrde ublic Records of Tarrant County, Texas (the "Deed of Trust"), together with an) that the lien and security ainst the Property (as defined in the interests of the Deed of Trust shall hereafter be upon.

Deed of Trust), and all appurtenances thereto; otherwise affect any and all rights Lende fey ed of Trust to succeed to the rights, powers and authority of Declarant under the afafiohfin the event of a foreclosure of the lien and security interests of the Deed of T all not modify or amend the terms and | provisions of the Deed of Trust. © ES I AMERICAN BANK STATE OF 7] BERS § hada. wp § k Cund the SVP of Omni American Bank, a Notary pile -Stateof “Te@vac . Fen L. Smith Printed Name of Notary AMY L SMITH My Commission Expires September 17, 2016 8800961 v.2 Page 38 of 44 CONSENT AND SUBORDINATION

SVP of Omni American Bank, a Notary pile -Stateof “Te@vac . Fen L. Smith Printed Name of Notary AMY L SMITH My Commission Expires September 17, 2016 8800961 v.2 Page 38 of 44 CONSENT AND SUBORDINATION The undersigned, Jimmy Brownlee being the DFW Region President of K.Hovnanian Homes — DFW, L.L.C. ("Existing Second Lienholder"), hereby consents to the filing of the foregoing Declaration Of Covenants, Conditions and Restrictions for the Creekview Addition (the "Declaration") and, subject to the terms and provisions of this Consent and Subordination, subordinates to the Declaration the lien and security interests set forth in that certain Deed of Trust to Secure Performance and Reimbursement Obligation dated December 30, 20 Official Public Records of Tarrant County, Texas (the "Second Lien Deed of Terns her with any modifications, supplements, restatements or amendments th i e agreements and security documents which secure and set forth the term Second Lienholder's Lien will not extinguish the terms, pra restrictions under the foregoing Declaration or subdivigion of thg K. HO N HOMES — DFW, L.L.C.

STATE OF daly 2 LY 8 COUNTY OF nm President of K. HOVNANIAN HOMES —- DFW, L.L.C., a This instrumen; Jimmy Brownlee, th Texas limited C , on behalf of said limited liability company.

Notary Public - State of Kim Verbul ve an) Printed Name of Notary aa eR HT KIM HENNIGAN 7 COMMISSION EXPIRES 880096 1v.2 Page 39 of 44 EXHIBIT A TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE CREEKVIEW ADDITION AN ADDITION TO THE CITY OF KELLER, TARRANT COUNTY, TEXAS LEGAL DESCRIPTION AND/OR DEPICTION OF THE PROPERTY All of the real property shown on the Final Plat of Creekview Addition, Phase 1, an ana addition to

TION TO THE CITY OF KELLER, TARRANT COUNTY, TEXAS LEGAL DESCRIPTION AND/OR DEPICTION OF THE PROPERTY All of the real property shown on the Final Plat of Creekview Addition, Phase 1, an ana addition to the City of Keller, Tarrant County, Texas, dated November 1, 2012, recorded on November 9, 2012, as Instrument No. D212277436 of the Official Public Records of Tarrant County, Texas, including, without limitation, the following: LOTS Lot Block Lots 1 through 20, inclusive Block A Lots 1 through 15, inclusive Block B Lots 1 through 3, inclusive C COMMON AREAS Lot Lots 21 and 22 Block A Lot 4 Block C Lot 1 (Private Streets) Block D Lots 2 and 3 Block D 8800961v.2 Page 40 of 44 EXHIBIT B TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE CREEKVIEW ADDITION AN ADDITION TO THE CITY OF KELLER, TARRANT COUNTY, TEXAS LEGAL DESCRIPTION AND/OR DEPICTION OF THE PROPERTY SUBJECT TO ANNEXATION e 4 afd the Lewis A. Clay Survey, Abstract Number 346 in the City of Keller, Ta bunt) asf said tract 13677, Page 51 of the Deed Records of Tarrant County, Tex Bear Creek Golf, an addition in the City of Keller, Tarrant recorded in Volume 388-216, Page 69 of the Plat Regards of ‘Rarra the tracts described in the deeds to Garry Tennys d Sharon K. Tennyson and David. M.

Tennyson recorded in Volume 7295, Page 1167 ani e 9387, Page 1994, both of the Deed Records of Tarrant County, Texas; a portion o cribed in the deed to Dwight D.

Baron recorded under Instrument #D2 fficial Public Records of Tarrant County, Texas; a portion of Lot 1, Block ot 1, Block | of Big yas according to the plat Keller, Tarrant County, Texas according4o th ‘orded in Cabinet A, Slide 4092 of the said Plat Records; and all of Lot 1 Lo ‘ of Simondale Plaza Addition, an addition in

Big yas according to the plat Keller, Tarrant County, Texas according4o th ‘orded in Cabinet A, Slide 4092 of the said Plat Records; and all of Lot 1 Lo ‘ of Simondale Plaza Addition, an addition in the City of Keller, Tarrant Co orfling to the plat recorded in Cabinet A, Slide 4788 of the said Plat Records; € more particularly described by metes and bounds as follows (The basis of Wee this survey is Geodetic (True) North, based on GPSonder recorded in Volume 13677, Page 51 of the Deed Records of , LeXxas; THE orth\o0 Degrees 42 Minutes 03 Seconds East, with the west line of the said onder tract, a distance of 430.15 feet to a concrete monument, from which a fotind % inch rebar bears North 20 Degrees East a distance of 0.73 feet; THE North 09 Degrees 57 Minutes 57 Seconds West, continuing with the west line of the Ponder tract, a distance of 225.02 feet to a 5/8 inch rebar found at the southeast corner of Lot 2, Block A of Simondale Plaza Addition as recorded in Cabinet A, Slide 4788 of the Plat Records of Tarrant County, Texas; THENCE South 89 Degrees 19 Minutes 03 Seconds West, with the south line of said Lot 2 and the south line of Lot 1 of said Block A, Simondale Plaza Addition, a distance of 995.40 feet to a '% inch capped rebar stamped “JPH LAND SURVEYING” set 880096 1v.2 THENCE THENCE THENCE THENCE THENCE THENCE THENCE CE 8300961v.2 Page 41 of 44 in the curved east right of way of Davis Boulevard (F.M. 1938), said curve’s center bears South 87 Degrees 51 Minutes 27 Seconds East a distance of 2,804.79 feet; in a Northeasterly direction, with the said east right of way of Davis Boulevard being the arc of the said curve, through a central angle of 05 Degrees 32 Minutes 12 Seconds (an arc length of 271.03 feet) to a point in the east right of way of

east right of way of Davis Boulevard being the arc of the said curve, through a central angle of 05 Degrees 32 Minutes 12 Seconds (an arc length of 271.03 feet) to a point in the east right of way of Davis Boulevard; North 89 Degrees 19 Minutes 14 Seconds East, passing a found % ix distance of 0.32 feet and with the north line of said Lots 1 &% af inch capped rebar e of Lot 1, Block 1 of Plat Records, and passing at a distance of stamped “JPH LAND SURVEYING” set in iy South 89 Degrees 19 Mi NX ends West, a distance of 23.53 feet to a point; North 00 Deg 0 Seconds West, a distance of 101.91 feet to a tke as“defined by City of Keller Resolution No. 2529 and recorded under t #D207199818 of the Official Public Records of Tarrant County, outheasterly, the following calls along said City Limits Line: 1. South 55 Degrees 05 Minutes 13 Seconds East, a distance of 118.01 feet; 2. South 65 Degrees 33 Minutes 12 Seconds East, a distance of 222.10 feet; 3. South 56 Degrees 40 Minutes 06 Seconds East, a distance of 274.67 feet to a 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set on the east line of the Tennyson tract, from which a found one inch rebar at the northeast comer of the Tennyson tract bears North 00 Degrees 37 Minutes 45 Seconds East a distance of 566.25 feet; THENCE THENCE THENCE THENCE THENCE 8800961v.2 Page 42 of 44 South 00 Degrees 37 Minutes 45 Seconds West, with the east line of the Tennyson tract, a distance of 1.52 feet to a % inch capped rear stamped “JPH LAND SURVEYING?” set at the southeast corner of the Tennyson tract; North 89 Degrees 47 Minutes 28 Seconds East, with the south line of the tract described in the deed to Country Walk Limited Partnership recorded in Volume 11876, Page 547 of the said Deed Records, a distance of 28.21 feet to a point in

nds East, with the south line of the tract described in the deed to Country Walk Limited Partnership recorded in Volume 11876, Page 547 of the said Deed Records, a distance of 28.21 feet to a point in the south line of the said Country Walk Limited Partnership tract, from whitch a 4 inch rebar found at the southwest corner of Lot 18, Block 1 of Country as recorded in Cabinet A, Slide 2394 of the said Plat Records be: 89 Degrees 47 Minutes East a distance of 2.14 feet; South 11 Degrees 54 Minutes 04 Seconds West, crossing tt ight D.

Baron tract passing at a distance of 38.20 feet the northeget eof Kot 1, Block 1, Big Bear Creek Golf and continuing on said coy i es gast line of Lot 1, Block 1, Big Bear Creek Golf, in all, 9/fota wce-0TA 63.36 feet to an angle point in the said east line of Lot 1, Bloc i Ay Ag with the said east line of Lot 1, Block 1, Big Bear Creek Gali distanc® of 35.00 feet, to the southeast corner of Lot 1, Block 1, Big Bear CieeR\Golf, said southeast corner being in Jellico Creek; in an overall southeasterly following calls: 7 Seconds West, a distance of 52.09 feet to a ped “JPH LAND SURVEYING”; Minutes 56 Seconds East, a distance of 25.94 feet; 1. South 15 De S in 7 Degrees 49 Minutes 27 Seconds East, a distance of 8.56 feet; auth 37 Degrees 09 Minutes 39 Seconds East, a distance of 19.03 feet; outh 14 Degrees 26 Minutes 54 Seconds East, a distance of 24.18 feet; “South 29 Degrees 36 Minutes 20 Seconds West, a distance of 36.50 feet; 12. South 20 Degrees 09 Minutes 18 Seconds West, a distance of 3.07 feet; 13. South 21 Degrees 12 Minutes 57 Seconds East, a distance of 14.73 feet; 14. South 87 Degrees 13 Minutes 48 Seconds East, a distance of 8.37 feet; 15. North 70 Degrees 19 Minutes 24 Seconds East, a distance of 40.52 feet;

Minutes 57 Seconds East, a distance of 14.73 feet; 14. South 87 Degrees 13 Minutes 48 Seconds East, a distance of 8.37 feet; 15. North 70 Degrees 19 Minutes 24 Seconds East, a distance of 40.52 feet; 16. North 17 Degrees 29 Minutes 10 Seconds East, a distance of 17.48 feet; 17. North 38 Degrees 24 Minutes 52 Seconds East, a distance of 10.29 feet; 18. North 75 Degrees 08 Minutes 47 Seconds East, a distance of 14.84 feet; 19. South 62 Degrees 40 Minutes 57 Seconds East, a distance of 14.86 feet; 20. South 38 Degrees 52 Minutes 57 Seconds East, a distance of 23.94 feet; THENCE THENCE 8800961 v.2 Page 43 of 44 21. South 20 Degrees 41 Minutes 40 Seconds West, a distance of 39.88 feet; 22. South 10 Degrees 43 Minutes 58 Seconds East, a distance of 20.99 feet; 23. South 46 Degrees 56 Minutes 07 Seconds West, a distance of 55.37 feet to Big Bear Creek; in an overall southerly direction, along the center of said Big Bear Creek, the following calls: South 63 Degrees 03 Minutes 42 Seconds West, a distance of 85.57 fek SP OSNAARYWNS set % inch capped reb 14. South 64 Degrees 01 Ming ¥% inch capped rebar s inutes 21 Seconds West, with the said south line of the ance of 311.46 feet returning to the Place of Beginning and Page 44 of 44 EXHIBIT C TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE CREEKVIEW ADDITION AN ADDITION TO THE CITY OF KELLER, TARRANT COUNTY, TEXAS MAILBOX DESIGN DAC36-2933-1X BK SAC36-2933-1X BK Q iui a 880096 1v.2