aga eae: ee bE CTR OSPR FREE I Ba RE UR eee oe A CN RRS A TRE EIS = eG ER RR RI 5888 p2gt, ORG DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR EAGLE OAKS AT THE LAKE, PHASE I, AMENDING REPLAT “Declarant”.
This Declaration is made on the date hereinafter set forth by ED.
DEVELOPMENT, L.C., a Texas Limited Liability Company, hereinafter referred WITNESSETH: WHEREAS, the Declarant is the owner of certain prope described as EAGLE OAKS AT THE LAKE, PHASE I, AMEND Bell County, Texas, according to the plat of record in Cabinet D, Bell County, Texas; and Ounty, Texas, an addition to WHEREAS, Declarant has created and will cre designated “Lots” (as defined herein) for the benefit of tHe within the above referenced properties and “Subdivision”), and Declarant desires to cre&Ag improvement, development and sale of the Lots:-a preservation of the values and the erein), and to this end desires to further Ons, easements, charges, and liens hereinafter the benefit of the Subdivision and the owners maintenance of the “Common A¢ subject the Subdivision to the set forth, each and all of w thereof; and values of Lots in the § assessment of the Eé (the “Associatiaf h—stiall have the power to maintain the Common Areas and to esovenants and restrictions herein stated; and he directors of the Association will establish Bylaws and Rules and hich the Association will be govemed through its Board of Directors, for the WHEREAS, Declarant declares that additional “Properties”, as defined below, will be . made subject to this Declaration and to the jurisdiction and assessment of the Association as provided herein; and 0373031K)096594. DUC / 2} -lpT ae a ae eras an a a aR ER CE SS ay eNO RES: oo ne NUS888 M285
ect to this Declaration and to the jurisdiction and assessment of the Association as provided herein; and 0373031K)096594. DUC / 2} -lpT ae a ae eras an a a aR ER CE SS ay eNO RES: oo ne NUS888 M285 WHEREAS, the Subdivision and all additional properties made subject hereto is and will be held, transferred, sold, conveyed, occupied and enjoyed subject to the charges covenants, easements, reservations, restrictions, and liens stated herein, and s jurisdiction and assessments of the Association.
additions thereto as may hereinafter be made, is and shall be held, traxste occupied, and enjoyed subject to the following covenants, restrict liens hereinafter set forth and shall hereafter be subject to the jurisd Association: ARTICL PURPOS The Subdivision is encumbered b Restrictions for the following reasons: to ¢ development of the Properties; to prote preserve so far as practicable th poorly designed or proportioned secure the erection of attractive im Declaration of Covenants, Conditions and S best and highest use and most appropriate against improper use of surrounding lots; to etowners. a a (ons Properties; to guard against the erection of oki Boper or unsuitable materials; to encourage and on each lot with appropriate locations; to secure and maintain proper setback pe < id adequate free space; and, in general, to provide for development of the highest quali ance the value of investment made by the lot owners.
ARTICLE II DEFINITIONS as may be brought within the jurisdiction of the ettion roperty or Properties” shall mean and refer to the Subdivision, and fi pefeto and additional properties iomand'bé made subject to this Declaration.
ion 2.2. “Association” ers Association, Inc., a Te: A berein. The Association is a “ le Section 202.001(2).
ivision, and fi pefeto and additional properties iomand'bé made subject to this Declaration.
ion 2.2. “Association” ers Association, Inc., a Te: A berein. The Association is a “ le Section 202.001(2).
shall mean and refer to the Eagle Oaks at the Lake xas nonprofit corporation established for the purposes set Property owners association” as defined in Texas Property re et eprmeReP RTA AA CC EER ALOE RE ALICE Rete etre WSB88 286 Section 2.4. “Unit” shall mean and refer to any residential dwelling situated upon any Lot.
Section 2.5. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot, including contract sellers, but excluding those having an interest merely as security for the performance of an obligation.
Section 2.6. “Declarant” shall mean and refer to EDANBRA DEVELOPME) its successors and assigns, who are designated as such in writing by Declarant, and in writing to assume the duties and obligations of the Declarant with respect to the Lol by such successor or assign.
Section 2.7. “Common Areas” shall mean and refer to portion Mode perty, any, conveyed to the Association.
Section 2.8. “Common Maintenance Areas” shall mee Areas, if any, and the entrance monuments, drainage fagilities and\detentio ponds, esplanade and right-of-way landscaping and such other areas lying. whhin easements or rights-of-way as deemed appropriate by the Board of Directors of the Assocts for the preservation, protection and enhancement of property values and the general he Section 2.9. “Declaration” shall ayn\a Conditions, and Restrictions for EAGLE O° amendments, annexations and supplementsthe Section 2.10. “Plat” s 6 the plat of Eagle Oaks at the Lake, Phase I, Amending Replat, recorded in
ion” shall ayn\a Conditions, and Restrictions for EAGLE O° amendments, annexations and supplementsthe Section 2.10. “Plat” s 6 the plat of Eagle Oaks at the Lake, Phase I, Amending Replat, recorded in e-76-A of the Plat Records of Bell County, Texas, ‘0 this Declaration.
piean and refer to any residential building company or Declarant for the purpose of construction and sale of homes which are unoccupied ARTICLE III EAGLE OAKS AT THE LAKE HOMEOWNERS ASSOCIATION, INC.
3.1. Membership. The Declarant and every Owner of a Lot shall be a member iation. Membership shall be appurtenant to and shall not be separated from of any Lot. Every member shall have the right at all reasonable times during business hours to inspect the books of the Association.
. Pt oe wet ”. “ Wi5888 287 Section 3.2. Funding. Subject to the terms of this Article III, the Declarant, for each Lot owned within the Property, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed , is deemed to covenant and agree to pay to the Association: (1) annual maintenance assessments or charges, and assessments for capital improvements, and (3) such other assessments to be collected as hereinafter provided. Such assessments will remain effective for extended term, if applicable) of the within covenants. The assessments.
costs, and reasonable attorneys fees, shall be a charge on the land and si upon the Lot against which each such assessment is made. Each such ade interest, costs, and reasonable attorneys fees shall also be the personal obkgati who was the Owner of such property at the time when the ass¢ seen ej due, The personal obligation for delinquent assessments shall not pass te the-sucke:
orneys fees shall also be the personal obkgati who was the Owner of such property at the time when the ass¢ seen ej due, The personal obligation for delinquent assessments shall not pass te the-sucke: unless expressly assumed by them.
ars’ i Section 3.3. Annual Assessment or Charg' a. Units Owned by Class A Me Lot is hereby subject to an initial maxim ($500.00) per annum (until such my arBe shall be increased as provided in the Bylaws of the Association), for the purr jRg a fund to be designated and known as the “Maintenance Fund”, which maivtenané geand annual assessment will be paid by the 0 ayance in monthly, quarterly or annual installments, a pleted Unit is then located on the conveyance of the a¢ to all other Lots as of the occupancy or sale ( whichever is 8.tate/at which each Lot will be assessed, and whether such nthty, quarterly, or annually, will be determined by the Board of days in advance of each affected assessment period. Said rate may ine By the Board of Directors as needs of the Association may, in the require pursuant to the Bylaws. The assessment for each Lot shall be in Subsection b of this Section 3.3. The Association shall, upon Or a reasonable charge, furnish a certificate signed by an officer of the g forth whether or not the assessment has been paid for the assessment period.
first Lot to a Class A me earlier) of a Unit thdvré assessment shall 4 Units or Lots owned by Declarant.
id any Builder owning Lots or Units that are n aintenance assessment charged to Owners and D the event that the annual maintenance funds revenu penses of the Association, it shall provide the funds ne thirty (30) days of receipt of request for payment thereof from the Association, provided that if
vent that the annual maintenance funds revenu penses of the Association, it shall provide the funds ne thirty (30) days of receipt of request for payment thereof from the Association, provided that if the deficit is the result of the failure or refusal of an Owner or Owners to pay their annual maintenance assessments, the Association shall diligently pursue all available remedies against such defaulting Owners, including the immediate institution of litigation to recover the unpaid assessments, and shall reimburse the Declarant the amounts, if any, so collected.
Notwithstanding the foregoing, the jot occupied shall be exempt from the eclarant hereby covenants and agrees es are insufficient to pay the operating cessary to make up the deficit, within 05730100096594,DOC /2} 4 einen sesstncgruntiieinnegaietnaiensntininnstenasntennnmeniepeascnanaansanenneeee" rie sesh Rte octet ater nuamssn nn tee S888 288 c. Purposes of Maintenance Fund. The Association shall establish a Maintenance Fund composed of Owners’ annual maintenance assessments and shall use the proceeds of such fund in providing for normal, recurring maintenance charges for the Common Maintenance Areas for the use and benefit of all members of the Association. Such uses and benefits to be provided by the Association may include, by way of clarification, and not limitation, any and all of the following: normal, recurring maintenance of the Common Maintenance Area (includi but not limited to, mowing, edging, watering, clipping, sweeping, pruning, raking, and othe caring for existing landscaping and the improvements to such Common Maintenance Aref as sprinkler systems and street lights), provided that the Association shall have no/@b (except as expressly provided hereinafter ) to make capital improvements to the
to such Common Maintenance Aref as sprinkler systems and street lights), provided that the Association shall have no/@b (except as expressly provided hereinafter ) to make capital improvements to the Maintenance Areas; payment of all legal and other expenses incurred in cop enforcement of all recorded covenants, restrictions and conditions affecti p ft which the Maintenance Fund applies; payment of all reasonable-afid connection with the collection and administration of the maintené employment of policeman and watchmen, if any; caring for vata thing or things necessary or desirable in the opinion of the of Association to keep the Property neat and in good order, to the Owners or occupants of the Property, it being unde’ Directors in the expenditure of said funds and the dete recurring maintenance shall be final and conclusive good faith. The Association shall, in additione the periodic maintenance, repair and replacente Area. The fund shall be established and maintai that the judgment of the Board of ign of what constitutes normal bch judgment is exercised in ain adequate reserve funds for nts to the Common Maintenance annual maintenance assessments.
sessment fof | Capital Fund, Nonrecurring pew erhents. in/ag “in/addition to the annual assessments authorized ts as follows: a. Upon the fi $500.00 will be assessed A Member.
ot to a Class A Member, a special assessment equal to pe’due and payable upon conveyance of the Lot to a Class a Lot by a Class A Member, a special assessment equal to wre new Owner which shall be due and payable upon conveyance of ex by a Class A Member.
any assessment year, a special assessment applicable to that year only for the aying, in whole or in part, the cost of any nonrecurring maintenance, or the
e upon conveyance of ex by a Class A Member.
any assessment year, a special assessment applicable to that year only for the aying, in whole or in part, the cost of any nonrecurring maintenance, or the struction, reconstruction, repair or replacement of a capital improvement upon aintenance Area, including fixtures and personal property related thereto, may be assessed. The Association shall not commingle the proceeds of such special assessments with the Maintenance Fund. Such proceeds shall be used solely and exclusively to fund the nonrecurring maintenance or improvements in question.
05730100096594.DOC / 2} -5“se Emel e S. oe neta = 3 a Sth OS 5 owen 5888 P289 d. Special assessments, other than those Stated in subsections (a) and (b) of this Section 3.4, shall not be effective unless approved by a vote of two thirds (2/3) of each class of member. Assessments stated in subsections (a) and (b) above may be increased by a majority vote of the Directors to not more than 110% of the prior year’s assessments, Section 3.5. Non-payment of Assessments: Any assessment not pefd‘wi days after the due date shall bear interest form the due date at the lessor of (i}-ei annum, or (ii) the highest rate of interest allowed by Texas law fro The Association shall have the authority to impose late charges to compens§ gdminiStrative and processing costs of late payments on such terms as it may--« duly adopted resolution of the Board, and the Association may bring an a against the Owner personally obligated to pay the same. No Owner may wai ‘liability for the assessments provided for herein by non use of the Co Areas or abandonment of his property.
Section 3.6 Subordinated Lien to Secure’ maintenance charge and assessments estab above provided, there is hereby reserved a Ildq
for herein by non use of the Co Areas or abandonment of his property.
Section 3.6 Subordinated Lien to Secure’ maintenance charge and assessments estab above provided, there is hereby reserved a Ildq enforceable through appropriate proceeding such lien shall be specifically made sec; future, given granted, and crea Lot; and further provided that a % upon any Lot upon which there is.a give the holder of such mortéage/i such notice to be se contain the statemet © secure the payment of the 6 be levied on individual Lots as of the Association, said lien to be or in equity; provided, however, that each dqrginate, and inferior to all liens, present and stance and request of the Owner of any such precedent to any proceeding to enforce such lien ding valid and subsisting lien, the Association shall (60) days written notice of such proposed action, #84 lienholder by prepaid U S registered or certified mail, to gnt maintenance charges and assessments upon which the ihe request of any such mortgage lienholder, the Association itigg its obligation to give the foregoing notice with respect to the aby such mortgage lien to the holder thereof. Sale or transfer of any Ne assessment lien. However, the sale or transfer of any Lot pursuant to € spall extinguish the lien of such assessment as to payments which became pale’ or transfer. No sale, foreclosure or transfer shall relieve such Lot from assessment thereafter becoming due or from the lien thereof. The Association e-right to file notices of liens in favor of such Association in the Real Property Bell County, Texas, in accordance with applicable law.
ection 3.7. Voting Rights. The Association shall have two classes of voting : x - soe : .
ep rare ar WL5888 290 b. Class B. The Class B members shal
nce with applicable law.
ection 3.7. Voting Rights. The Association shall have two classes of voting : x - soe : .
ep rare ar WL5888 290 b. Class B. The Class B members shal | be the Declarant and any Builder who shall be entitled to three (3) votes for each unoccup ied Lot they own. The Class B membership shall cease and be converted to Class A membership one hundred twenty (120) days after the conveyance of the Lot which causes the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or ten (10) years after convey: lier. Class B membership sta reinstated at any time before the expiration of ten (10) years from the date of conveygakg¢ c. Suspension. All voting rights of an Owner shall be in which such Owner is delinquent in the payment of any assessnf to this Article III or is otherwise in default hereunder or undk Regulations of the Association.
Section 3.8. Notice and Quorum. Written notice df 2 of taking any action authorized herein or in the Bylaws to their residences, not less than thirty (30) days nor meeting. At any such meeting called, the ore e majority of all the votes of each class of membé meeting called for the purpose to all members, or delivered quorum requirement for the prey; meetings as may be required toa WL POWERS AND DUTIES OF } DIRECTORS OF THE ASSOCIATION Purpose of Maintenance Fund. The Board, for the benefit of the Owners, 3¥ for out of the Maintenance Fund provided for in Article III above the es and assessments and other liens and encumbrances which shall properly be asse’ ged against the Common Areas rather than against the individual Owners, if any.
b. Care and preservation of the Common Maintenance Area.
and other liens and encumbrances which shall properly be asse’ ged against the Common Areas rather than against the individual Owners, if any.
b. Care and preservation of the Common Maintenance Area.
c. The services of a professional person or management firm to manage the Association or any separate portion thereof to the extent deemed advisable by the Board, ce WLS888 i291 (provided that any contract for management of the Association shall be terminable by the Association, with no penalty upon ninety (90) days prior written notice to the managing party) and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly B)\the Board or by the manager.
d. Legal and accounting services.
e. A policy or policies of insurance insuring the Associatiég oun) apy Irability to the public or to the Owners (and/or invitees or tenants) incide Association in any amount or amounts as determined by the B Policy or policies of insurance as provided herein in Arti pération of the tdgs, including a f. Workers compensation insurance to extent essary to comply with any applicable laws.
g. Such fidelity bonds as may BS require Bylaws or as the Board may determine to be advisable.
oe h. Any other materials, suphlié3 ance, furniture, labor, services, maintenance, Tepairs, structural alterations, against an individual Owner) whi terms of this Declaration or b guts (including taxes or assessments assessed GAs required to obtain or pay for pursuant to the in its opinion shall be necessary or proper for the Section 4. d Dities of Board. The Board, for the benefit of the Owners, al powers and duties, in addition to the specific powers and duties
t to the in its opinion shall be necessary or proper for the Section 4. d Dities of Board. The Board, for the benefit of the Owners, al powers and duties, in addition to the specific powers and duties laws of the Association: sute“all declarations of ownership for tax assessment purposes with regard any, on behalf of all Owners.
o/borrow funds to pay costs of Operation, improvements, and expansions of the aSecured by an assignment or pledge of assessments or the Common Areas, if such proved by a majority of each class of members.
To enter into contracts, maintain one or more bank accounts, and generally to ve all the power necessary or incidental to the operation and management of the Association.
d. To protect or defend the Common Areas from loss or damage by suit or otherwise and to provide adequate reserves for replacements.
e. To make reasonable Rules and Regulations for the operation of the Common Maintenance Areas and to amend them fro m time to time; provided that, any rule or regulation 05730(00096594.D0C /2) -8ean ts ta et meneame ie HP = nen m5888 "292 may be amended or repealed by an instrument in writing signed by a majority of the Owners, or with respect to a rule applicable to less than all of the Common Areas, by the Owners in the portions affected.
f. To make available for inspection by Owners within sixty (60) days after the of each year an annual report and to make all books and records of the Association availabl inspection by Owners at reasonable times and intervals.
g. To adjust the amount, collect and use any insurance proceeds to repaii replace lost property, and if proceeds are insufficient to repair damage or replace assess the Owners in proportionate amounts to cover the deficiency.
collect and use any insurance proceeds to repaii replace lost property, and if proceeds are insufficient to repair damage or replace assess the Owners in proportionate amounts to cover the deficiency.
h. To enforce the provisions of any Rules and Regyfations” macte e to enjoin and seek damages from any Owner for violation of such provisiong ofrules.
i. To collect all assessments and enforce all including the filing of liens and institution of legal proceéd Section 4.3. Board Powers Exclusive. The Boa behalf of the Owners to contract for all goods, made from the Maintenance Fund and th aliihave the exclusive right on é anCe, payment of which is to be vg fig and obligation to perform the Section 4.4. Maintenance Contra¢ts. Vic ard, on behalf of the Association, shall have full power and authority QA ish any Owner or other person or entity for performance by the Associatio HW the Board is required to perform pursuant to the terms hereof, such contra ch terms and conditions and for such consideration din the best interest of the Association.
5.2. Liability Insurance. From and after the date on which title to any Common-Afea vests in the Association, the Association shall purchase and carry a general comprehensive public liability insurance’ policy for the benefit of the Association and its members, covering occurrences on the Common Areas. The policy limits shall be as determined by the Board of the Association. The Association shall use its best efforts to see that such policy shall contain, if available, cross-liability endorsements or other appropriate provisions for the VLS888 293 benefit of members, Directors, and the management company retained by the Association (if
le, cross-liability endorsements or other appropriate provisions for the VLS888 293 benefit of members, Directors, and the management company retained by the Association (if any), insuring each against liability to each other insured as well as third parties. Any proceeds of insurance policies owned by the Association shall be received, held in a segregated account and distributed to the Association’s general operating account, members, management company and other insureds, as their interests may be determined.
Section 5.3. Condemnation. In the event of condemnation or g ctmsyeagonably necessary to repair or correct any damage suffered as a result of the conde; i > event that the Board of the Association determines that the funds capmorbe use 5 lack of available land for additional Common Areas ¢ may be distributed to each Owner on a pro rata basis Kans ittee. A committee to be known as the CO) pa be established consisting of up to but not all be appointed by the Declarant so long as there is t! embers of the ACC shall be appointed by the Board.
the ACC is to enforce the architectural standards of the disapprove plans for improvements Proposed for the Lots.
SC ‘shail act by simple majority vote, and shall have the authority to to retain the services of a professional engineer, architect, designer, T person to assist in the performance of its duties, provements erected, altered, added onto or repaired by Declarant shall be exe ovisions of this Article VI.
Section 6.3. Submission of Plans. Prior to the initiation of construction upon any Lot, the Owner thereof shall first submit to the ACC a complete set of plans and specifications for the proposed improvements, including site plans, grading plans, landscape plans, floor plans
pon any Lot, the Owner thereof shall first submit to the ACC a complete set of plans and specifications for the proposed improvements, including site plans, grading plans, landscape plans, floor plans depicting room sizes and layouts, exterior elevations, specifications of materials and exterior VL5888 M29 colors, and any other information deemed necessary by the ACC for the performance of its function. In addition, the Owner shall submit the identity of the individual or company intended to perform the work and projected commencement and completion dates.
Section 6.4. Plan Review. Upon receipt by the ACC of all of the information requi by this Article VI, it shall have twenty-one (21) days in which to review said plans.
proposed improvements will be approved if, in the sole opinion of the ACC; improvements will be of an architectural style and material that are compatible wi structures in the Property; (ii) the improvements will not violate an restrictive encroach upon any easement or cross platted building set back lines; (iii) the iprpro not result in the reduction in property value or use of adjacent property; (i company intended to perform the work is acceptable to the ACC; apé-(v)the\j be substantially completed, including all cleanup, within ning commencement. In the event that the ACC fails to issue its wri (21) days of its receipt of the last of the materials or documé submission, the ACC’s approval shall be deemed to have Section 6.5. Builder Requirements. The fore Builders provided that such Builders elect to submit to 4 dimensions of the houses and renderings, sketche models or types of homes such Builders di which model or type of home will be built materials for approval at this time. The AC@SH of exterior elevations for all
of the houses and renderings, sketche models or types of homes such Builders di which model or type of home will be built materials for approval at this time. The AC@SH of exterior elevations for all e Lots and site plans depicting Builders may also submit sample days after receipt of the floor plan and d plans. If the ACC objects to such plans period specifying the objectionable issues in an§ within the 15 day review period, such plans her approval shall be required. At such time as e él of house will be constructed on each Lot, Builder shall deliver a site plan and materi pecification list to the ACC. The ACC shall have 5 days e-plan a gaterials specification list in which to notify the Builder in the ACC does not object to the site plan within the 5 day aterials specification list shall be deemed to be approved and no ed.
the plans. If the ACC fails to, j shall be deemed to be appfgve writing of any objec period the site plan further approv.
ges to the exterior dimensions, elevations, site plans, or materials of models and any new model plans shall be submitted to the ACC for review construction.
“omission of plans for review by the ACC shall not imply permission or consent to eFfeproduction of such plans and the ACC shall not permit such plans to be copied by or divulged to persons other than the Builder that submitted such plans.
Section 6.6. Non-conforming Structures. If there shall be a material deviation from the approved plans in the completed improvements, such improvements shall be in violation of 0$730{00096594.DOC / 2) -Ilrepeat pas Ae AS ohn ARACEAE OTA AT CR RAR SRE CARA ASN DERS ORE ATEN RAIA NN ~ s 2 tO cceecremoany z “ ee, VLS888 295 this Article VI in to the same extent as if erected without prior approval of the ACC. The ACC,
AS ohn ARACEAE OTA AT CR RAR SRE CARA ASN DERS ORE ATEN RAIA NN ~ s 2 tO cceecremoany z “ ee, VLS888 295 this Article VI in to the same extent as if erected without prior approval of the ACC. The ACC, the Association or any Owner may maintain an action at law or in equity for the removal or correction of the non-conforming structure and, if successful, shall recover from the Owner in violation all costs, expenses and fees incurred in the prosecution thereof.
Section 6.7. Immunity of ACC Members. No individual member o have any personal liability to any Owner or any other person for the act: ACC if such acts or omissions were committed in good faith and~w Association shall defend any action brought against the ACC or any membe acts or omissions of the ACC committed in good faith and without nv Section 6.8. Address for Notice. Requests fo the ACC shall be addressed to the Eagle Oaks at the P Committee and mailed or delivered to the principal ofifick ant in Bell County, Texas, at 113 North 21* Street, Temple, Texas 76504, or such $ as may be designated from time to time by the ACC. No correspondenc; ppfoval shall be deemed to have been received until actually received by the i Section 6.9 No Liability. Neithe the officers, directors, members, e; deg to anyone submitting plans and Spée affected by the Declaration by reaso: out of or in connection with the such plans or specificasi Declarant, the Assogis agdat’ of any of them, shall be liable in damages any of them for approval, or to any Owner eAn judgment, negligence, or nonfeasance arising disapproval or failure to approve or disapprove any pr Agrees that it will not bring any action or suit against fe Board, or the officers, directors, members, employees er any such damages and hereby releases, and waives all
o approve or disapprove any pr Agrees that it will not bring any action or suit against fe Board, or the officers, directors, members, employees er any such damages and hereby releases, and waives all Guse action arising out of or in connection with any act, mistake, OnfeaSance and hereby further waives the provisions of any law which eledse does not extend to claims, demands and causes of action not judgment, neglig provides that a<ge known at th » Governmental Authorities. Declarant, its successors and assigns, and all their successors and assigns by their acceptance of their respective deeds, and shall be bound by and subject to all laws, ordinances, rules or regulations, No aprayembnts or additions or change or alteration thereof shall be constructed, erected, placed, attered dy maintained on the Property, including the Common Areas, which is in violation of the atid ordinances of the City of Belton, Texas, the County of Bell, or any other applicable ernmental laws, rules or regulations. Notwithstanding anything to the contrary herein Ontained, Declarant , the Association, the ACC, the Board, and their respective officers, directors, agents and employees shall have no obligation to assume the enforcement of any such law, ordinance, rule or regulation.
Section 6.11. No Liability for Design Defects. Plans and specifications are not . approved for engineering or structural design or quality of materials, and by approving such 05730(00096594.DOC /2} -12recente es ee en ae wre sess samc RE ARIE ROR ETE EO RENTS TE NEEL OAT ETN * Lae ARTE AI RENE On NN OE LR ARIPO SL OL NTS este Rene eRe HR Nk ESRD MEO NONI MEW A - ° porpsyrncpenrecerssenrn ne et etoe WWS888 M296 plans and specifications neither the ACC, the members thereof, nor the Declarant, the Board or
RIPO SL OL NTS este Rene eRe HR Nk ESRD MEO NONI MEW A - ° porpsyrncpenrecerssenrn ne et etoe WWS888 M296 plans and specifications neither the ACC, the members thereof, nor the Declarant, the Board or the Association assumes liability or responsibility therefor, or for any defect in any structure constructed from such plans and specifications.
Section 6.12. Modifications and Variances. The ACC has the authority to modify or waive any and all of the Restrictive Covenants that would not, in the ACC’s sole discreti impair or detract from the quality of the Subdivision. In addition, the ACC has the authorjn reduce the floor area requirement contained herein by 10% and to modify any building requirements. Such modification or waiver shall be by written instrument in recordabl The ACC, in its sole discretion, has the authority to grant variances of an’ alter any setback line, and to waive any encroachment across or into any_se Area, or easement, to the extent that the ACC has the authority to wai an easement, as the ACC deems necessary. Such variance or, instrument in recordable form.
ARTICLE VII EASEMENTS Section 7.1. Utility Easements. As le} as Declarant hereby reserves the right to grant perpet(i2 Declarant or its designees, upon, across, ove designated on the plat thereof for easeme embership shall be in effect, the ive easements for the benefit of der any portion of the Property e\purpose of ingress, egress, installation, of all utility and service lines and service itation, telephone and cable television.
e right to retain title to any and all pipes, lines, in such easements. Upon cessation of Class B 8 right to grant the easements described herein.
systems, public and private, i Declarant, for itself and its designee cables or other improveme Section 7.2.
such easements. Upon cessation of Class B 8 right to grant the easements described herein.
systems, public and private, i Declarant, for itself and its designee cables or other improveme Section 7.2.
reserves an exclusive Common Area e movement of a nintentional_ Encroachment. The Declarant hereby jor the unintentional encroachment by any structure upon the resulting from, construction, repair, shifting, settlement or the Property, which exclusive easement shall exist at all times Psuch encroachment as an easement appurtenant to the encroaching Property \g tite estentof such encroachment.
or in the event of emergency, the Association shall have the tight to enter upon 8 € emergency repairs and to do other work reasonably necessary for the proper maintenance and operation of the Property. Entry upon the Lot as provided therein shall not be deemed a trespass, and the Association shall not be liable for any damage so created unless such damage is caused by the Association's willful misconduct or gross negligence.
a WLS888 M297 Section 7.4. Drainage Easements. Easements for installation and maintenance of utilities, stormwater retention/detention ponds, and/or a conservation area are Teserved as may be shown on the recorded Plat. In addition, Declarant reserves a drainage easement, five foot (5’) in width, along and contiguous to the side and rear boundaries of each Lot for drainage and related structures. Without the consent of the ACC, within these easement > eas, no structure, fence, planting or other material shall be placed or permitted to re¢ damage, interfere with, or change the easements. The easement area of each Lot and all improvements co: maintained continuously by the Owner of the Lot, except for those i
e placed or permitted to re¢ damage, interfere with, or change the easements. The easement area of each Lot and all improvements co: maintained continuously by the Owner of the Lot, except for those i public authority, utility company or the Association is responsible.
Owner shall submit to the ACC for approval a grading comply with all applicable laws and regulations. Notwi shall be interpreted to impose any duty on Declarant ¢ drainage facilities.
Section 7.5, Temporary Completion Easehy easement of ingress and egress for the bene subcontractors, successors and assigns, over a may be expedient or necessary for the landscaping upon Lots adjacent thereto, in odor, noise, b This prohibitio it By Declarant or direction of flow of drainage chanp ung any Lot, the Och plans must d nothing herein Orrect or maintain any ots shall be subject to an Of the Decl&rant-and the Builder, their employees, Pan the front, side and rear yards of the Lots as 9p, Servicing and completion of dwellings and cons used and occupied for residence Purposes. No Lot or — » institutional or other nonresidential purpose if such use Entxy Of non-residents upon the Lot or otherwise diminishes, or results Snsistent with, the residential character of the Lot or neighborhood.
apply to “garage sales” provided that no Owner shall conduct more f no more than two (2) days duration during any six (6) month period, any other builder as a model home or sales office, or the pite for a construction office trailer or sales office trailer by Declarant or any ARTICLE IX PROPERTY RIGHTS Section 9.1. Owners’ Easeme easement in and to the Common Areas and through said Common Areas, and such easement shall the title to every Lot, subject to the following provisions: 95730{00096594.D0C / 2)
tion 9.1. Owners’ Easeme easement in and to the Common Areas and through said Common Areas, and such easement shall the title to every Lot, subject to the following provisions: 95730{00096594.D0C / 2) ents of Enjoyment. Every Owner shall have a right and and a right and easement of ingress and egress to, from be appurtenant to and shall pass with Ae nena pment A tea Ine Rt Ee SO ACTER COI ANN em RO AP TAS Ne cememsntasn marmite et IAA EEN ST PUT OTe NE WL5888 298 a. The right of the Association to establish and publish Rules and Regulations governing the use of the Common Areas affecting the welfare of Association members.
b. The right of the Association to suspend the right of use of the Common Areas and the voting rights of an Owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its publish, tules and regulations.
c. The right of the Association, subject to the provisions hereof, to dedig transfer all or any part of the Common Areas, if any, to any public agency, authority or Gey such purposes and subject to such conditions as may be agreed to by the Assog Fi dedication or transfer shall be effective unless an instrument signed by Owners efit > cast 2 Breeing ty such dedication majority of the votes of each class of membership has been recorded or transfer.
d. The right of the Association to convey small porti adjacent Owners when, in the sole judgment of the Board have an adverse effect on the Association or the Subdivision e. All easements herein described are ea the land; they shall at all times inure to the eyes their grantees, and their respective heirs, success6p Section 9.2. Effect of Declaration other recorded documents to the ea declaration shall be sufficient
d; they shall at all times inure to the eyes their grantees, and their respective heirs, success6p Section 9.2. Effect of Declaration other recorded documents to the ea declaration shall be sufficient respective grantees, mortgagee, easements, restrictions and documents.
p any deed, mortgage, trust deed or any and covenants herein described or to this said parcels as fully and completely as if those hilly related and set forth in their entirety in said Section 9.3.
allowing commercial, Association and discretion. Dec!
hibited. No Lot shall be rezoned to any classification other non-residential use without the express consent of the h may be withheld in Declarant’s or the Association’s sole Xssociation may enforce this covenant by obtaining an injunction oning at the expense of the enjoined party.
b Easements and Rights-of-Way. No Owner, except Declarant, may grant ¢asement or right-of-way as to all or any portion of a Lot.
Ton oa eee cnn ee ree a tenner un WL5888 299 ARTICLE X USE RESTRICTIONS Section 10.1. Nuisance. No noxious or offensive activity shall be carried o: n any Lot, nor shall anything be done thereon which may be or may become an annoya isance to the neighborhood.
Section 10.2. Development Activity. Notwithstanding any o' Declarant and its successors and assigns, including Builders, shall be ent edNio goyduct on the Property all activities normally associated with and convenient exdevelypment of the Property and the construction and sale of dwelling units on the Prop subdivided into smaller lots or parcels for the purpose of-biitding applicable ordinances, an Owner of two (2) or more adjéin portions thereof into one single building site. The Lot keg and the Owner will be responsible for, all assess consolidation.
rpose of-biitding applicable ordinances, an Owner of two (2) or more adjéin portions thereof into one single building site. The Lot keg and the Owner will be responsible for, all assess consolidation.
the consolidation will bear, cable to the Lots before Section 10.3. Temporary Structures, N without limiting the generality thereof, a jh — mobile home or other outbuilding shall temporarily or permanently. This iti or any builder to use trailers or out storage facilities.
fucture of a temporary character, including, shack, garage, barn, motor home or Ray Lot at any time as a residence, either pr’be interpreted to limit the right of Declarant sales offices, construction offices or material Section 10.4 or mounted, painted be visible from g mblem of any kind may be kept or placed upon any Lot nit, fence or other improvement upon such Lot so as to the following: gns. An Owner may erect one (1) sign not exceeding 2’ x 3° in area, e\jn the ground and extending not more than three (3) feet above the igns. For so long as there are Class B Members, signs or billboards ted by the Declarant or any Builder Political Signs. Political signs may be erected upon a Lot by the Owner of such ad¥écating the election of one or more political candidates or the sponsorship of a political , issue or proposal Provided that such signs shall not be larger than 2’ X 3” and shall not be Ergéted more than ninety (90) days in advance of the election to which they pertain and are emoved within fifteen (15) days after the election, Section 10.5. Campers. Trucks. Boats, and Recreational Vehicles, No campers, vans, tractors, boats, boat trailers, Tecreational vehicles and other types of nonpassenger vehicles, eben taken se nnn ent NN eS ROT IR I, 5888 300
Vehicles, No campers, vans, tractors, boats, boat trailers, Tecreational vehicles and other types of nonpassenger vehicles, eben taken se nnn ent NN eS ROT IR I, 5888 300 equipment, implements or accessories may be kept in the streets or rights-of-way of the Property, or on any Lot unless the same are fully enclosed within the garage located on such Lot and/or said vehicles and accessories are screened from view by a screening structure or fencing approved by the ACC, and said vehicles and accessories are in an operable condition. The ACC, as designated in this Declaration, shall have the absolute authority to determine from time to time whether a vehicle and/or accessory is operable and adequately screened from public view. U an adverse determination by said ACC, the vehicle and/or accessory shall be removed a: otherwise brought into compliance with this paragraph.
Section 10.6. Animals _and Pets. No animals, livestock or poultry, Dangerous Animal (as defined below) of any type shall be raised, bred or kept of for cats, dogs, or other generally recognized household pets (collectively Dangerous Animal” is an animal that may pose a safety or health shrea Subdivision, their guests, invitees, customers, or tenants, and includ bull, rotweiler, and doberman pincher, regardless of whether the anik breed, or registered with the AKC or similar registration organizatio amphibians, or reptiles; (3) boa constrictor and other consfits “feral” or wild by nature except guinea pigs, hamsters, and pe Additional breeds of animals may be added to the definitje time to time, as determined necessary by the we i &; (5) ferrets, and (6) alligators, i or Dangerous Animal from and Regulations will be amended to include su No more than 4 Pets (in any combinati
tje time to time, as determined necessary by the we i &; (5) ferrets, and (6) alligators, i or Dangerous Animal from and Regulations will be amended to include su No more than 4 Pets (in any combinati more than 2 dogs and 2 cats) may be,kept any commercial purpose.
All Pets must be kept (including leash laws), and i must be vaccinated in accordg provided by a licensed veteri ance with all local and state laws and ordinances Wall rules established by the Association. All Pets Iecal custom and laws. Each Pet should wear a tag byidEnce the up-to-date rabies vaccination. All Pets must be wea (Iencéd/with standard materials or by an electronic animal control device), or on a leash. {It (ie he responsibility of the owner of the Pet to prevent the animals e bécdming offensive or a nuisance to other Owners or occupants.
liffZis considered and “offensive activity” and is not permitted. It will be the tayowner of the Pet to clean up after their Pet when in the Common Area or on the property of others.
sociation may notify the Owner, in writing, of any offensive activity or other violation of the covenants of this Declaration and the steps required by Owner to correct the violation. If the Owner does not correct the violation and the violation continues; or if any Pet endangers the health of an Owner, his guests, invitees, or tenants, or creates a nuisance or an unreasonable disturbance, or is not a common household pet, as may be determined by the YU5888 P30I Board, in the Board’s sole discretion, the Pet must be permanently removed from the Subdivision upon seven (7) days’ written notice by the Board to the offending Owner. The Board may exercise all of its remedies allowed under the Declaration or by law to have the Pet or animal
om the Subdivision upon seven (7) days’ written notice by the Board to the offending Owner. The Board may exercise all of its remedies allowed under the Declaration or by law to have the Pet or animal permanently removed. If the offending Owner does not correct a violation and continues, or does not remove the Pet or animal upon written request made b: imposed by the Board in accordance with its rules and regulations.
Section 10.7. Garbage and Refuse Disposal. No Lot shall be wy dumping ground tor rubbish. Trash, garbage or other waste shall é containers. All incinerators or other equipment for the storage o be kept in a clean and sanitary condition.
Section 10.8. Sight Distance at Intersection which obstructs sight lines at elevations between shall be placed or permitted to remain on an: Street property lines and in a line connectirfp street lines, or in the case of a rounded property lines extended. The same sight ~ feet from the intersection of a str prop No tree shall be permitted to venkat i line is maintained at sufficient heig all, hedge or shrub planting ¥ (6) feet above the roadways ‘orner Ld triangular area formed by the Sm at points 25 feet from the intersection of the s shall apply on any Lot within ten (10) the edge of a driveway or alley pavement.
istances of such intersections unless the foliage Obstruction of such sight lines, Section 10.9. Barking ‘and/Drivé All overnight parking (including extended periods during the d&)a rete les must be in driveways or garages. Regular resident i efcig oe ehi¢les with signs advertising a product or x) r service) is permitted etof Subdivision may be used for parking or storage, temporary or d\yehfefe, abandoned or inoperable vehicle, trailer or boat, or any part
ith signs advertising a product or x) r service) is permitted etof Subdivision may be used for parking or storage, temporary or d\yehfefe, abandoned or inoperable vehicle, trailer or boat, or any part paitr7and maintenance (other than washing) is permitted only when ggs. Driveways shall be surfaced with concrete, brick, or other material No Lot may be used for business or Owner’s conduct of business activities within a residence so long as (1) the parent, detectable or visible by sight, ; (b) the business activity conforms to all zoning ‘© the Property; (c) the business activity customers, suppliers or other business € or operation of the business activity is not ap aes not involve visitation of the residence by clients, invitees or door-to-door solicitation of the Owners; and (d) the business activity is consistent with the residential character of the Subdivision and t of the Properties and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other Owners, as may be determined in the sole discretion of the Bo may | i ard. The terms “business” and “trade” as used in this paragraph will be construed to have their ordinary, generally accepted meanings and will pisstanasaccecmeatmecremmomemsses “ hectic dahlia eden menetati imine oe Ne a —— a Jane Pn ams A bn Eablet naan pet ec atest sts ome ER AS HE SEI cepeilace maces venta att Oe VUS888 302 include, without limitation, any occupation, work or activity undertaken on an ongoing basis that involves the manufacture or provision of goods or services for or to other persons other than the provider's family, regardless of whether: (i) such activity is engaged in full or part-time, (ii) such
involves the manufacture or provision of goods or services for or to other persons other than the provider's family, regardless of whether: (i) such activity is engaged in full or part-time, (ii) such activity is intended to or does not generate a profit; or (iii) a license is required therefore.
Notwithstanding the above, the leasing of the entire residence will not be considered a trade business within the meaning of this paragraph. This paragraph does not apply to any acti conducted by the Declarant, or by a Builder, with respect to its development and sale of ifg Section 10.11. Detached Buildings. No detached accessory buildings, includin limited to, detached garages, storage buildings, or barns shall be erected, place upon any Lot without the prior consent of the ACC.
erected in conjunction with model homes or sales offices. All fe wood, masonry, or wrought iron and chain link fences arefxghibited: street, Common Area or other Lot unless it is } that event the receiving device may be placed jn ACC may require as much screening 3 reception. The Declarant and the Associa éive signals from the location. In gation as approved by the ACC. The ile not substantially interfering with avé the right, without obligation, to erect or a,/cable system, or other apparatus for the signals for the benefit of all or a portion of the ted which are larger than 1 meter in diameter. No he“height of the center ridge of the roofline. No Service (“MMDS”) antenna mast may exceed the center established by the Telecommunications Act of 1996 (the install an aerial, satellite dish transmission of television, radi broadcast antenna mast ma Multichannel Multipoint Dts tidge of the roofline pb “Act”) as same may, dishes, or other g be permitted, placed, allowed, or maintained upon any portion of
television, radi broadcast antenna mast ma Multichannel Multipoint Dts tidge of the roofline pb “Act”) as same may, dishes, or other g be permitted, placed, allowed, or maintained upon any portion of etévision, radio, satellite, or other signals of any kind. Activities that seption of radio and television signals at neighboring lots are prohibited.
Glgating this Section is not attempting to violate the Act as same may be o time. This Section will be interpreted to be as restrictive as possible while Section 10.14. Exterior Finish. All exterior walls of all dwellings and approved accessory buildings shall be completely finished with wood, stucco, brick, stone, paneling or other material acceptable to the ACC. No unpainted concrete block surfaces shall be visible on any exterior wall. Except for accent siding on porches, exterior finish of the ground floor of all dwellings shall be ninety percent (90%) brick, stone, or stucco for all corner Lots (i.e., Lots at the intersection of two public streets) and at least seventy-five percent (75%) brick. stone or stucco 0$730(00096594.DOC /2} -19. : ae RRs meee eet Lat he Oe iS ie “ WL5888 303 for all interior Lots, excluding doors, windows, gable ends above the ground floor top-plate line and second floors. The front exterior finish of detached garages for all interior Lots shall be one hundred percent (100%) brick, stone or stucco, excluding doors, windows and gabfe ends. For all comer Lots, the front and side(s) of garages visible from the street(s) shall be e (90%) wood, stone, or stucco, excluding doors, windows and gable ends.
Section 10.15. Chimneys. All chimneys, fireplace flues, and tks shall be architecturally compatible with the exterior walls of the dwelling or othe pptoved by the ACC.
g doors, windows and gable ends.
Section 10.15. Chimneys. All chimneys, fireplace flues, and tks shall be architecturally compatible with the exterior walls of the dwelling or othe pptoved by the ACC.
Section 10.16. Clothes Hanging Devices, Clothe ping xterior to a dwelling shall not be permitted.
Section 10.17. Window Treatment. No al treatment shall be placed on windows on glass The minimum square footage of living area all be two thousand (2,000) square feet.
als Section 10.19. Two-Car s Ley if shall have a fully enclosed garage capable of accommodating not less than two mMore’than four (4) automobiles. All garages shall be side or rear entry garages ex 0 t is not closer to the street in front of the dwelling than the rear base line gf the lin i Regulations, No Owner may use any substance on a Lot igide, Fungicide and Rodenticide Act (7 U.S.C. Section 136, et.
aly other federal regulation dealing with pesticides and fertilizers, or any rules af promulgated by the Texas Air Control Board, the Texas Water Commissipn; Oran} other state or local environmental agency. The Association shall have the impfeitent'suct{ rules and regulations regarding the use of pesticides and fertilizers on the 2 yis necessary or as legally required.
jon 10.21 Landscaping. Within sixty (60) days of occupancy of a dwelling, percent (75%) of each Lot must have growing grass or other ground cover able to the ACC in place.
Section 10.22 Mailboxes. If individual curbside mailboxes are permitted and serviced the U.S. Postal Service, mailboxes shall be of a design and structure that is compatible with the residence and surrounding properties, as determined by the ACC in its sole discretion.
Owners must get approval of the ACC before erecting or constructing curbside mailboxes. If
is compatible with the residence and surrounding properties, as determined by the ACC in its sole discretion.
Owners must get approval of the ACC before erecting or constructing curbside mailboxes. If curbside mailboxes are not permitted or serviced by the U.S. Postal Service, mail service, delivery, and deposit will be to “cluster” type mailboxes to be located in areas designated by the Developer and the ACC.
M5888 M304 playhouses, sandboxes, or any other sporting or play equipment (temporary or permanent) may not be attached to the front of a dwelling or located in a front or corner side (unfenced) yard without the consent of the ACC.
Section 10.24 Building Setback. No building or any part thereof shall be located nearer to the front or side streets than the building setback lines shown on the plat of the Subdivisiop No building or any part thereof shall be located nearer than seven and one-half feet (7.5’) tof!
side boundary line of any Lot. The ACC may grant ordinances not in conflict with appl ordinances.
ARTICLE XI ANNEXATION Section 11.1. Annexation by Declarant. At any time di the of this Declaration, the Declarant may, at its sole option and withou additional property (including without limitation, additional phade into the Subdivision to be subject to the terms hereof to the same herein and subject to such other terms, covenants, be imposed thereon by Declarant. In connection W Lot owned by Declarant to provide street and utility ‘onsent 0 Owners, annex of Eagle Oaks at the Lake), entas if originally included sand restrictions as may , Declarant may replat any ¢ additional annexed property, property being annexed.
b. FHA/VA_Appro
sent 0 Owners, annex of Eagle Oaks at the Lake), entas if originally included sand restrictions as may , Declarant may replat any ¢ additional annexed property, property being annexed.
b. FHA/VA_Appro is Declaration to the same extent as if originally included herein.
by the membership does not restrict or impair the right of Declarant, FHA and Vv . Any property that is contiguous to, or in the same el area of, the existing property subiest to this Declaration may be annexed hereto according to the foregoing requirements, provided however, that no such annexation shall be effective without the consent and joinder of the owners of the property to be annexed. Such annexation must be evidenced by a Declaration of Annexation executed by the parties herein described.
oe in mbes ri thmnnh ene : : an sear Race a AM & 2. * 45888 ?%305 Section 11.3. No Duty to Annex. Nothing herein contained shall establish any duty or obligation on the part of the Declarant or any member to annex any property into the Associ and no owner of property excluded from the Association shall have any right to ha property annexed thereto.
Section 11.4. Effect of Annexation on Class B Membership.
number of Lots owned by Declarant for purposes of Class B Membership Article III, Section 3.7, the total number of Lots covered by the Associati annexed thereto shail be considered. If Class B Membership hg annexation of additional property restores the ratio of Lots owned by required for Class B Membership, such Class B Membership e ARTICLE XII Section 12.1. Remedies. In the event of any of the Declaration, Bylaws or Rules and Re éuyla have each and all of the rights and r, dick be provided for in this Declaration, the q may be available at law or in equity, and
s. In the event of any of the Declaration, Bylaws or Rules and Re éuyla have each and all of the rights and r, dick be provided for in this Declaration, the q may be available at law or in equity, and Bylaws and said Rules and Regulation$ ahd d ah against such defaulting Owner and/or others for oths e, including foreclosure of such lien and the ership interest of such Owner or for damages or or a money judgment, or for any combination of ciation reserves the right to bid at any foreclosure sale if against the amount of any bid all the amounts due to the ¢ Lot being foreclosed. No remedies herein provided or available eepred mutually exclusive of any other such remedy. All expenses of gn with any such actions or Proceedings , including court costs and er Yees and expenses, and all damages, liquidated or otherwise, together At the maximum rate permitted by law but, with reference to any Lots sured loans, not in excess of the maximum rate of FHA loans at the time rom the due date until paid, shall be charged to and assessed against such added to and deemed Part of his respective maintenance (to the same extent as the lien Provided herein for unpaid assessments), upon the Mpon all of his additions and improvements thereto, Any and all of such rights and remedies may be exercised at any time and from time to time, cumulatively or otherwise, by the otiation or any Owner.
Section 12.2. Notice of Lien. In addition to any other tights of the Association to enforce assessments, the Association may file a claim of lien against the Lot of the delinquent Owner by recording a notice (“Notice of Lien”) in the Real Property Records of Bell County, Texas, setting forth (a) the amount of the claim of delinquency, (b) the interest and costs of
ding a notice (“Notice of Lien”) in the Real Property Records of Bell County, Texas, setting forth (a) the amount of the claim of delinquency, (b) the interest and costs of nmicrsegaceeg ee Sie OM : ¢ ot wi5888 7306, collection which have accrued thereon, (c) the legal description and street address of the Lot against which lien is claimed, and (d) the name of the Owner thereof. Such Notice of Lien shall be signed and acknowledged by an officer of the Association or other duly authorized agent of the Association. The lien shall continue until the amounts secured thereby and all subsequent accruing amounts are fully paid or otherwise satisfied. When all amounts claimed under the Notice of Lien and all other fees, costs and assessments which may have accrued subsequent to the filing of the Notice of Lien have been fully paid or satisfied, the Association shall exec and record a notice releasing the lien.
Section 12.3. Term and Amendments. The covenants and restrictions Declaration shall run with and bind the land for a term of thirty (30) years from, Declaration is recorded, after which time they shall be automatically extended periods of ten (10) years each, unless seventy-five percent (75%) of the have voted to terminate the covenants and restrictions of this Declaratid be by written instrument signed by seventy-five percent (75%) of th recorded in Bell County, Texas. This Declaration may be ame year period by an instrument signed by not less than sevent .
and by the Declarant if the Class B membership has not thereto?
an instrument signed by not less than seventy-five (75%) of ROW be recorded. Notwithstanding any provisions hereofto tiePIONE Declarant may, at its sole
rant if the Class B membership has not thereto?
an instrument signed by not less than seventy-five (75%) of ROW be recorded. Notwithstanding any provisions hereofto tiePIONE Declarant may, at its sole discretion and without consent being required anyone (1) qdify, amend, or repeal this Declaration at any time prior to the closing of the $q Ke st Lot to a Class A Member, provided said amendment, modification, or County, Texas. Declarant further reserve all rights which may be necessary to d Vy inated, and thereafter by Any amendment must Tepea f any one of these covenants or restrictions by judgment or court order shall inp get any other provisions which shall remain, in full force and effect.
and obligations esta¥ Nhereby shall be deemed to be covenants running with the land and shall inure tg ene and be binding upon, each and all of the Owners and their respective heirs, repré gs, gucctssors, assigns, purchasers, grantees and mortgagees. By the recording or the acceptin a dégd conveying a Lot or any ownership interest in the Lot whatsoever, the pe h LOt or interest is conveyed shall be deemed to accept and agree to be bound by and of the provisions of this Declaration whether or not mention thereof is made in said désd Section 12.6. Mergers and Consolidations. The Association may participate in mergers and consolidations with other nonprofit corporations organized for the sarne purposes, provided that any such merger, consolidation or annexation shall have the consent of not less than sixtyseven percent 67%) of the membership of the Association. Upon a merger or consolidation of the 0$730400090594. DOC / 2} -23WLS888 P6307
n or annexation shall have the consent of not less than sixtyseven percent 67%) of the membership of the Association. Upon a merger or consolidation of the 0$730400090594. DOC / 2} -23WLS888 P6307 Association with another association, the properties, rights and obligations may, by operation of law, be transferred to another survivi ng or consolidated association or, alternatively, the properties, right and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a surviving corporation pursy merger. No such merger or consolidation, however, shall affect any revocation, c! han addition to the covenants established by this Declaration with respect to the Prope changed by amendment of this Declaration.
Section 12.7. Miscellaneous Provisions, Any provision of the within the Articles of Incorporation and Bylaws to the contrary notwithste provisions shall control: a. FHA/VA Approval. If any prospectiyé mortgage financing and receives a commitment there approval of the Federal Housing Administration applicable: (1) Addition of properties as set forth in } Areas, and (3) amendment of this Declaratiox ifg actions will require grans Administration as dedication of Common b. The following actions will requi mortgage liens: (1) abandonment or termina the Declaration, c. Upon the request of,an furnish to such mortgagee a wrifép-n performance of such O rules or regulations wh at least seventy-five percent (75%) of the mortgagees (based upon one gage) have given their prior written approval, neither the Association nor the Dg entitled to: (i) by act or omission seek to abandon, partition, encumber, or transfer the on Areas, if any, or any portion thereof or int
eir prior written approval, neither the Association nor the Dg entitled to: (i) by act or omission seek to abandon, partition, encumber, or transfer the on Areas, if any, or any portion thereof or int LAr erest therein; (The granting of easements for utilities or other public purposes consistent with the intended use of such property shall deemed a transfer within the meaning of this clause.)
(ii) substantially change the method of determining the obligations, assessments, dues or other charges which may be levied against an Owner by the Association; rater nbn en bnhenuenaeti hmm nos mn nt a A NR AeA SEepBRLRN NALA nee rmeenttin G cmeeperarie: - - 2 s a Ag : =.
YL5888 308 (iii) by act or omission change, waive, or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or the exterior appearance of the dwellings or maintenance of the dwellings or Lots; ae ARR NO POSSE A RRNA (iv) fail to maintain liability and extended coverage insurance on insurable property comprising a part of the Common Areas on a current replacement cost basis in amount not less than one hundred percent (100%) of the insurable value (based on cuprefit replacement costs).
e. All personal pronouns used in this Declaration, whether used in feminine or neuter gender, shall include all other genders; the singular shall inc!
and vice versa. The term “person” means person, corporation, partnershjp;t other legally organized entity.
Section 12.9. Notice. Wherever written notice to 0 hereunder, such notice shall be given by the mailing of such’now such Owner appearing on the records of the aa is permitted or required he Owner at the address of . ee, er has previously given written notice to the Association of a different al
mailing of such’now such Owner appearing on the records of the aa is permitted or required he Owner at the address of . ee, er has previously given written notice to the Association of a different al to the Owner at the address so designated. Such noti given by the Association by placing same in the S mail, postage prepaid and properly addressed, whether such notice is actuglly recé dressee or not. The Association will give all notices required by Texas Pra fot Cade 209 and other applicable law.
é conflict between the terms of this Declaration event such notice shall be sent sively be deemed to have been Section 12.10. Confli and any Bylaws, rules, regi Declaration shall control.
EDANBRA DEVELOPMENT, L.C., a Texas Limited Liability Company a) Pri nted Name: ; vse le Title: gt he 05730{00096594.DOC / 2) -25VOL 5888 PG309 ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF BELL § This instrument was acknowledged before me on this the 10th 2005, by Brad Dusch Prosileve day of Novemba DEVELOPMENT, L.C., a Texas Limited Liability Company, on behalf of said company.
of EDANBRA BRANDI S. WATKINS NOTARY PUBLIC STATE OF TEXAS EXPIRES NOTE MA31ST, 2009 Brand 5.
NOTARY PUBLIC in and for the State of Texas UNCED OTHER LOT OWNERS SIGNATURE AND ACKNOWLEDGMENT.
FILED FOR RECORD 2005 NOU 10 PM 1 20 HTY CHTY A 1 05730400096594.DOC/2} -26050783