bos “e vot GdO8 cE G2D 1esag R29 | Y DECLARATION OF COVENANTS AND RESTRICTIONS OF RESOLUTION TRUST CORPORATION AS-RECEIVER FOR VICTORIA SAVINGS ASSOCIATION, duly chartered under and by virtue of the Laws of the State of Texas, is the Owner of ali that certain property located in the County of Smith, State of Texas, being all of EAGLEWOOD TOWNHOMES (herein called "“EAGLEWOOD TOWNHOMES"), an fsculifion . to the City of Tyler, on the following described real property: Lots 1 -8, 45 - 48, 51 - 80, and 81, N.C.B. 1474 B, Eagles Nest Addition, City of Tyler, Smith County, Texas, as recorded in Slide 211 - A, Cabinet B, of _ the Plat Record of Smith County, Texas.
WITNESSETH: RESOLUTION TRUST CORPORATION AS RECEIVER FOR VICTORIA SA ASSOCIATION hereinafter sometimes called "Declarant" is desirous of establishing rea restrictions, covenants and conditions pertaining to the use of such property in orde i the value thereof for all purchasers from the Declarant of the townhomes set out hereinbefore.
p ’ NOW THEREFORE, for and in consideration of mutual bene!
~ to each and all the future Owners of said townhomes, the following conditions are hereby placed on each and every townhome laggted theret hereby made a part of each and:cvery deed hereafter executed and delive: same-as if they were set out and contained therein.
sa “AS uso inthis Declaration, yom shall have the meanings Indicated: i, Association shall EWOOD TOWNHOMES OWNERS’ AshocaTionene a Texas non- be created after the date hereof, the members * of which shall be the Owners 0 es described herein within Eaglewood Townhomes, its successors and assigns.
2. “Act shall x4s Non-Profit Corporation Act as set forth in Article 1896 . of the Texas Reviseg i B, as amended from time to time. .
bed herein within Eaglewood Townhomes, its successors and assigns.
2. “Act shall x4s Non-Profit Corporation Act as set forth in Article 1896 . of the Texas Reviseg i B, as amended from time to time. .
an the Board of Directors of the Association.
. Pechome shall mean a single family residence unit joined together by a common wall, .or walls, and/or roof and/or foundation.
6. Bylaws shall mean the. bylaws adopted by the Association and the amendments thereto. : : , 7. Common Atea or Common-Elements shall mean all real property owned by the po Association for the common use and enjoyment of the Owners. The Common Area and/or Common Elements to be owned by the Association at the time of the conveyance of the first ' townhome is as follows: All of the property covered by the recorded subdivision. plat of i Eaglewood Townhomes, and shall include for example, but not by way of limitation, all recreational: facilities, community facilities, the swimming pool, trees, Tandseapins, fencing, 1 SF STC MRS see OM SL et AR Sele AR Na recente Pe eR ame MR et Sa NRE IES Oe COR RIRESE IE Rae CAME ET ater wes AA EINER ag GEO AGE AIT ERS “Agee Siac PS sally, yw ddD8 ce O2T pipes, wires, conduits, private streets, street lighting, and other public utility lines situated thereon, but does not include any portion of the 42. townhomes as shown on said recorded subdivision plat. : 8. Lot shall mean and refer to any. of the 42 lots shown upon the recorded subdivision plat of Eaglewood Townhomes.
9. Land shall mean all of the property. covered by the recorded subdivision plat of Eaglewood Townhomes. : 10. Annual Maintenance Expense Charge shall mean the assessment levied for maintenance, upkeep, management and operation of the Common area and Common Elements
bdivision plat of Eaglewood Townhomes. : 10. Annual Maintenance Expense Charge shall mean the assessment levied for maintenance, upkeep, management and operation of the Common area and Common Elements as determined by the Board of Directors. "3 11, Maintenance Fund shall mean common area and any accumulation of majntenance expense charges collected by the Association for the continued maintenance, repair an of the Common-Area and/or Common Elements, as described in Section 7 abo: 12. Member shall mean and refer to those persons entitled ‘to men; in the Declaration.
13. | Owner shall mean-and refer to the record Owner (iy one or more persons or entities, of a fee simple title to any_towi Eaglewood Townhomes, including contract sellers, b merely as security for the performance of an obligati ich i¥a part of the aving such. interest 14. Rules and Regulations shall mean the from time to time by the Board of Directors of the Association con the management and administration of the Common Area and/or Common Elements for t and enjoyment of the Owners.
15. Person shall mean and refe rson, corporation, partnership, trustee or other legal entity. : 16 Common Area F é ean and tefer to those fences surrounding or alongside the outside pepe .
omes Or common areas.’
17. Unit s n r to a structure or townhome erected on each lot..
18. shall mean and refer to'a member that is not in arrears on any regular or special or in violation of any rules, regulation, by-laws, or declarations as adopted ay m time to time by the Association.
ien Indebtedness shall mean any indebtedness secured by a first and prior lien g € upon a lot or townhome.
First_Mortgagee shall mean the holder of a First Lien Indebtedness on any
by the Association.
ien Indebtedness shall mean any indebtedness secured by a first and prior lien g € upon a lot or townhome.
First_Mortgagee shall mean the holder of a First Lien Indebtedness on any who has requested the Association to notify them of any proposed action that requires 21. — Project shall mean and refer to the land and all improvements located thereon, including without limitation, the Common Areas, Common Elements, the townhomes, the buildings and townhomes.
ARTICLE 1 MANAGEMENT AND OPERATION SECTION 1. Membership in the Association. Every Owner shall be a member of the Association. Membership shall be appurtenant to and may not be separate from Ownership of any townhome which is subject to assessment by the Association. Ownership of such townhome nmr age pm EN CCL LENCO aA SAECO LENA AIS eC He RCNA ARC ICN ists ssp pctencne-t oe treatm yninee teh ete ntact RR a A RC A Ee ART RR eRIRRr er « mn GODS MESLO | shall be the sole qualification for membership. A. contract purchaser shall not be-entitled to vote as a member of the Association unless written approval is provided by the contract seller to the Board of Directors.
SECTION 2. Management by Association. The Association shall have the rights, i powers, and duties as set out herein to provide for the maintenance, repair, replacement, ; administration, insurance and operation required to maintain and repair the common elements as provided for in the Bylaws and in the rules and regulations. To facilitate management of the i Project and the administration of the Association and the Project, the Board of Directors may { delegate to a manager responsibility for matters of a routine nature, provided only that an i
t of the i Project and the administration of the Association and the Project, the Board of Directors may { delegate to a manager responsibility for matters of a routine nature, provided only that an i agreement evidencing such relationship shall in no event exceed a period of three (3) years, ; renewable by agreement of the parties thereto for successive one year periods only, and shal! i ‘ be subject to termination by either party without cause and without payment of a termination fee | i i upon not more than ninety (90) days’ prior written notice and for cause upon not more than thirty (30) days’ prior written notice. In addition to the foregoing, no decision by the Association to establish self-management of the Project after a Manager has been appointed shall be effective unless and until approved by not less than sixty-seven percent (67%) of the to voting membership in the Association and fifty one percent (51%) of the First Mortgagees.
SECTION 3.. Initial Board of Directors, Election of First Board. The initia Directors of the Association shall be Peter Bayler Drais, William Payson Hoyt, Allison Hunter, IV, or others appointed by Declarant concurrently with the reg Declaration. Such Board shall serve until the “first Board of Directors” not later than the earlier to occur of (i) 120 days after 51% 0 conveyed by the Declarant or (ii) three (3) years after the first t ’ Declarant. , SECTION 4. Meetings of the Board Directors. ard of Directors shall meet as set forth in the Bylaws.
SECTION 5. Voting of the Members: a vote. or votes in the Association on the basis of member within the Eaglewood Townhome cluding Declarant, shall have ‘or each townhome owned.by such In the event that more than one person
e Members: a vote. or votes in the Association on the basis of member within the Eaglewood Townhome cluding Declarant, shall have ‘or each townhome owned.by such In the event that more than one person at any time be the Owner of any h persons shall be members and the vote for such townhome shall be exe: ons among themselves shall determine. The vote i or votes for each townhom allowed. In the event that j le Owners are unable to agree among themselves as to how their vote or vg ast, they shall lose their right to vote on the matter in question. If any Ow, whers cast a vote representing a certain townhome, it will thereafter be conc’ ea@gmed for all purposes that he was or they were acting with the authority and co e Owners of the same townhome. In the event more than one vote is cast fgg a cul: nhome, none of said votes shall be counted and said votes shal! be Persons or entities holding an interest in a : . town yas security for performance of an obligation shall not be considered members { SECTION 6. Declarant asa Member. The Declarant of Eaglewood Townhomes shal!
be a member of the Association with regard to each townhome owned by such Declarant.
- SECTION 7. Records. The Board of Directors shall keep or cause to be kept records with detailed accounts of the receipts and expenditures of the Association. All books, records and financial statements of the Association shall be available for inspection by the Owners and the First Mortgagees, their respective agents and representatives, and the insurers and guarantors of any First Lien Indebtedness, during normal business hours or under other reasonable Se rare nee A AR OATS a RO ACE eR ORES te ROE RT AI SNE 8PM . . 6 Po RAY RR Re RR ale SCR HRN E RM SU PE RSE a EN SS NE RR EMT NRE SPE SS TARSAL AP . a ‘ vo BONS PEL
ss hours or under other reasonable Se rare nee A AR OATS a RO ACE eR ORES te ROE RT AI SNE 8PM . . 6 Po RAY RR Re RR ale SCR HRN E RM SU PE RSE a EN SS NE RR EMT NRE SPE SS TARSAL AP . a ‘ vo BONS PEL circumstances. All books and records of the Association shall be kept in accordance with generally accepted accounting principles, consistently applied, and shall be audited at least once: a year by an auditor outside of the organization. The Association shall furnish each Owner, and to each First Mortgagee requesting same in writing, copies of financial statements of the Association within ninety (90) days following the end of each fiscal year of the Association.
The Board of Directors shall further make available, during normal business hours or under reasonable circumstances, for the inspection by Owners and the First Mortgagees, their Tespective agents and representatives, and the insurers and guarantors of any First Lien.
Indebtedness, the current version.of the Declaration, the Bylaws, the Articles of Incorporation of the Association, the minutes of the meetings of the Association, the rules and regulations of.
the Association and all other documents affecting the Association, the Owners or the Project, as well as all amendments thereto and revisions thereof. . .
ARTICLE I a PROPERTY RIGHTS: RIGHTS OF ENJOYMENT SECTION 1. Access Easement. Every member shall have a’ nonexclusivi t for ingress to and egress from such member’s townhome which shall be appu to ass with the title to every townhome.
SECTION 2. Member's Easements f Enjoyment. shall have a nonexclusive easement and right of use and enjoyment in and to and such easement shall be appurtenant to and shall pass with the tj ve! wage, subject to the following provisions: :
yment. shall have a nonexclusive easement and right of use and enjoyment in and to and such easement shall be appurtenant to and shall pass with the tj ve! wage, subject to the following provisions: : (a) The right of the Association to limit the n 0 sts of members or tenants.
Sie tauren arn (b) The rights of the Association to e those residents who use the swimming pool, a reasonable fee for use of this facility. The int of such fee shall be set by the Board of Directors. : (c) The right of the Assi ordance with its Articles and Bylaws, to borrow money for the purpose of ii @ion, ommon Area and facilities and, in aid thereof, to mortgage said Common Area rt ‘rights of such mortgagees in said properties shall be subordinate to the rigs of tk Owns hereunder.
ociation to deny any member who is thirty (30) or more days I special assessments on his/her property or who owes a debt the privilege of voting in any regular or special meeting of the endment or changes in the Documents of this. Association. Such effect until such assessment in arrears, plus penalties, is paid in full.
Association, ‘0 restrictions s| ¢ tight of the Association to deny the right to use the. recreational facilities of to any member, his/her family, guests or tenants while any such member is or more days in arrears in payment of monthly or special assessments. on his/her d such restriction shall continue in effect until such assessment in arrears, plus tional facilities to any member, his/her family, guests, or tenants, for any infraction of | Published rules and regulations pertaining to use of such recreational facilities for a period of not more than thirty (30) days for each such infraction. :
ests, or tenants, for any infraction of | Published rules and regulations pertaining to use of such recreational facilities for a period of not more than thirty (30) days for each such infraction. : (f) Except as provided in Article XII hereof, the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be valid unless an instrument signed and agreed to by two-thirds (2/3) of the members eligible to vote, agreeing to such dedication or transfer has been recorded, .
and unless written notice of the Proposed action is sent to each member of the Association not less than thirty (30) days nor more than fifty (50) days in advance of such proposed action.
4 4a Fs Rp NOE ee i !
j : i 01 3358x0330 SECTION 3. ‘Delegation of Use. Anf¥ member may delegate his right of enjoyment to the Common Area and facilitates to the members of his family, his tenants or contract purchasers who reside on the property in accordance with provisions of the Bylaws of the Association.
Tenants may not use Common Area facilities unless written authorization from the Owner delegating his rights of these uses to the tenants is on file in the office of the Association. Any lease or rental agreement must be in writing and must be subject to the requirements hereof, the bylaws and the rules and regulations of the Association. No lease may be for a term of less than thirty (30) days.
SECTION 4. Mortgage of Townhomes. An Owner shall be entitled from time to time to mortgage or encumber his townhome by deed of trust or other instrument, but any lien
rm of less than thirty (30) days.
SECTION 4. Mortgage of Townhomes. An Owner shall be entitled from time to time to mortgage or encumber his townhome by deed of trust or other instrument, but any lien created thereby shall be: subject to the terms and provisions of this Declaration, and any mortgagee or other lienholder who acquires a townhome through judicial foreclosure, public sale _ Or other means shall be subject to the terms and provisions of this Declaration, except as specifically provided to the contrary herein. An Owner who mortgages his townhome shall notify the Association giving the name and address of his mortgagee. The Association shall maintain such information in-a book entitled "Mortgages of Townhomes", and if the hold insurer or guarantor of any mortgagee on any townhome has requested such notice by wyj request to the Association, stating both its name and address and the townhome nu address of the townhome to which such mortgage relates, the Association shall ti such holder, insurer and/or guarantor in writing, of the following: a) any casualty loss or condemnation that affects either eri Project or the townhome securing its mortgage; by the Owner of any townhome on which it holds the morgage; c) a lapse, cancellation or material modification y insurance policy or fidelity bond maintained by the Association; and d) any proposed action that requir® a specified percentage of First Mortgagees as provided herein.
¢ v COVEN ‘ANCE ASSESSMENTS SECTION 1... nd_Personal Obligation of Assessments. The Declarant, for each townhome o' in the Properties, hereby covenants, and éach Owner
nal Obligation of Assessments. The Declarant, for each townhome o' in the Properties, hereby covenants, and éach Owner any such Deed or othe: ce, is deemed to-covenant and agree to pay to the Association: essment or charges, and ted from. time to time as hereinafter provided.
al and special assessments, together with such interest thereon and costs of ereof, as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the townhome against which each such assessment is made. Each such assessment, together with such interest, costs, and reasonable attorney’s fees shall also be the personal obligation of the person who was the Owner of such townhome at the time when the assessment fell due. No Owner of a townhome may exempt himself from liability for his contribution toward the common expenses by waiver of the use of enjoyment of any of the Common Areas or by abandonment of his townhome.
SECTION 2. Purpose of Assessments. | The assessments levied by the Association shall be used for the purpose of promoting the recreation, health, safety and welfare of the assessments for capital improvements, such assessments to be fixed, ORI ERROR EEMAAIE REE SEEN en GE A MR TREMOR EN ENE AR NEARS Ona ES Ng vol 3358 uc331 residents in the Properties and in particular, for the improvement and maintenance of the Properties, services, and facilities devoted to this purpose and related to. the use and enjoyment of the Common Area, for the common good of the Project. Such uses shall include, but are not limited to, the cost to the Association of all taxes, insurance, repair, replacement and maintenance of the Common Area as authorized by the Board of Directors, and other facilities
clude, but are not limited to, the cost to the Association of all taxes, insurance, repair, replacement and maintenance of the Common Area as authorized by the Board of Directors, and other facilities and activities including, but not limited to, mowing grass, caring for the grounds, landscaping, swimming pool(s), cabana, and equipment, of the Project, including the common area fences, garbage pickup, water and sewer service furnished to these townhomes by the Association, and other charges required by this Declaration of Covenants and Restrictions or that the Board of Directors of the Association shall determine to be necessary or desirable to meet the primary purpose of the Association, including the establishment and maintenance’ of a reserve for replacement, repair, maintenance, taxes, and other charges as specified herein. The Association will not be responsible for any structural defects or failures in any dwelling unit for any reason.
SECTION 3. Basis and Maximum of Assessments. Each year the Board of Directors shall meet and, after considering the current maintenance costs, annual expenses an the Association shall levy an annual assessment. Such assessment shall incl sufficient to establish and maintain an adequate reserve for replacement, repaj ce, taxes and insurance (including the amount of any property and/or flood ins; ‘All Owners shall be obligated to pay the assessments imposed by the Boa : maximum annual assessment may not be increased each. year-by m 3) percent above the maximum assessment for the previous year without a tw ote approval by the membership. ‘ SECTION 4. Special Assessments for Capita assessments authorized above, the Association may ld assessment applicable to that year only, for the, purpose 8 Ssessment year, a. special
the membership. ‘ SECTION 4. Special Assessments for Capita assessments authorized above, the Association may ld assessment applicable to that year only, for the, purpose 8 Ssessment year, a. special g, in whole or in part, the cost of any construction. or reconstruction, u ted repair or replacement of a described capital improvement upon the Common Area, 1 ing the necessary fixtures and personal property related thereto, provided that any ss ent shall have the assent of two-thirds (2/3) of a quorum of eligible voting mer eeting duly called for this purpose in accordance with the terms of the by"lays.
Both annual and-special assessments must be fixed at a unifo: nhodmes and may be collected on a monthly basis, i.e.
one-twelfth (1/12th).o ent of each townhome each month.
if _ The Board nt of the annual assessment against each townhome at least thirty nnual assessment period; provided, however, that the Board of ht-to adjust the annual assessment as ‘long as any such quantitative adjustment xceed the maximum permitted hereunder with thirty (30) days written notice give Owner. Written notice of the annual assessment shall be sent: to every Own to. The due dates shall be established by. the Board of Directors and, unless i jded, the Association shall collect each month from the Owner of each townhome th (1/12th) of the annual assessment for such townhome. The Association shall, upon ww any time, furnish a certificate in writing signed by an officer of the Association forth whether the assessments on a specified townhome have been paid. . A reasonable may be made by the Board of Directors for the issuance of these certificates. Such ificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. , Directors shi
may be made by the Board of Directors for the issuance of these certificates. Such ificates shall be conclusive evidence of payment of any assessment therein stated to have been paid. , Directors shi SECTION 7. Commencement of Obligation to Pay Assessment, The obligation to pay assessments with respect to each townhome shall be on the first day of the calendar month following the month in which this Declaration is recorded. Each Owner, including the Declarant, shall be obligated to commence payment of all assessments against his townhome on the date such townhome is conveyed to such Owner. If such date is other than the first day of a month, then such Owner shall be obligated to pay only a prorata share. of the assessment against such townhome based on the number of days during such month that such Owner will tO a anamarmnae ssn ante sne mpd tremnqnapeputeentngneet ; ' i : . Vt 3358 pce332 hold title to such townhome.
Association. Each member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made.
Declarant hereby reserves and assigns to the Association, without recourse, .a vendor’s lien and a contractual lien against each townhome, to secure the payment of all annual or special assessments and in addition, an Owner’s share of annual or special assessments shall be and constitute a lien and encumbrance upon such Owner’s townhome in favor of the Association, ‘This contractual lien shall be deemed to include the “power of sale" as provided by Section 51.002 of the Texas Property Code, thus granting to the Association the right to conduct a non-
ssociation, ‘This contractual lien shall be deemed to include the “power of sale" as provided by Section 51.002 of the Texas Property Code, thus granting to the Association the right to conduct a nonjudicial foreclosure as one of its express remedies incident to the enforcement of such lien.
The foreclosure by a First Mortgagee of a townhome in order to satisfy First Lien Indebtedness will extinguish the subordinate lien for an assessments which became payable prior to the date of such foreclosure sale, but will not relieve any subsequent Owner from paying further assessments.
vests in-the Association a vendor’s lien against each townhome to secure the payment of a annual or special assessments which may. be levied pursuant to the terms hereof, ag expenses incurred in connection with the enforcement thereof, including without jj interest at a rate of twelve percent .(12%) per annum from the date such assessment!
until said assessments are paid. plus costs and reasonable attomey’s fees. ; . acceptance of a deed to a townhome hereby expressly vests in the Association, right and. power to bring all actions against such Owner personally charges as a debt and to enforce the aforesaid continuing lien by am@oie for the enforcement of such lien. Both such liens established herein shall superior to all other liens-and encumbrances upon. such townhome, regardless o: , evidenced or perfected, other than the liens securing the payment of Fir: recorded before the. delinquent assessment was due), and th and other governmental impositions. Any. assessment if due date, a penalty of up to TWENTY FIVE AND NO# in no event in excess of the maximum amount rit annual or special assessment remains unpaid shall ad temporarily suspend the membership rights o mc
if due date, a penalty of up to TWENTY FIVE AND NO# in no event in excess of the maximum amount rit annual or special assessment remains unpaid shall ad temporarily suspend the membership rights o mc assessment in accordance with the Bylaws, le Ass provided by law in addition or in 1i@ of and default of the payment of an annug@#or ja shall be the personal obligag assessment became due, and § to assume the obligation.
(if such lien was s for unpaid taxes, assessments ithin ten (10) days after the ($25.00) per month (but jcable law) for each month any Teto. The Association may also 0 is in default of payment of any tion may pursue any other remedies I the above, against any Owner who is in ent. Each assessment against a townhome the n who owned the townhome at the time the s towuccessors in title unless such successor shall agree SECTION 9.
The following property subject to this Declaration shall be exémpt from t ent created herein: (a Pl ies dedicated to and accepted by a local public authority; (b) mmon Area; properties owned by a charitable or non-profit organization exempt from taxation laws of the State of Texas. However, no land or improvements devoted to dwelling use shall be exempt from said assessments. ° . SECTION 10. Working Capital Contributions.
: (a) Each Owner shall, at the time -he purchases a townhome from Declarant, contribute, an amount to the Association equal to two (2) months assessments for Common Expenses for such townhome (the "Working Capital Contribution"). Such amount shall be a contribution of working capital to the Association and shall not be considered as an advance of assessments for Common Expenses.
Each Owner, by acceptance of a deed to a townhome, hereby expressly | ERTS a SRR CE A Lo ONE AAP: IR NEC RE mC os”
ciation and shall not be considered as an advance of assessments for Common Expenses.
Each Owner, by acceptance of a deed to a townhome, hereby expressly | ERTS a SRR CE A Lo ONE AAP: IR NEC RE mC os” 2 RLSM 2ST SPT ERIE TES A RE EN i Age Saas & s otiemmeeeennadimenntnenmemenaaie nae (b) Notwithstanding the foregoing, Declarant shall, on or before sixty (60) days following the conveyance of the first townhome make the Working Capital Contribution on behalf of each townhome which is then still owned by Declarant.
(c) | The Working Capital Contribution shall be made only-once with respect to each townhome, and any one who purchases a townhome from Declarant after Declarant has made the Working Capital Contribution with respect to such townhome, shall at the time of such purchase, in lieu of the obligation set forth in subparagraph (a) hereof, reimburse Declarant for the Working Capital Contribution which it made on behalf of such townhome.
ARTICLE VI INSURANCE SECTION 1. Insurance. _ (a) The Association shall obtain and maintain, as a common expense, the following described insurance coverage: (1) A policy of property insurance covering all Common Area: cling the Land, foundation and other items normally excluded from coverage) inclugj and buildings service equipment which constitute a part of the Common Ar T on Elements as well as the personal property and supplies, if any, which bel ssog@tion, * Such policy shall insure, for 100% of the full replacement value of the j , against loss or damage by fire. or other perils normally covered by the led coverage endorsement available in the State of Texas and against all aril¥covered with respect to townhome projects which are similar in cons perils normally covered by. the. standard “all risk" endo
coverage endorsement available in the State of Texas and against all aril¥covered with respect to townhome projects which are similar in cons perils normally covered by. the. standard “all risk" endo and by a steamboiler and machinery coverage endor ding at least the lesser of $2,000,000.00 or the insurable value of the building(s) h iler or machinery coverage for each accident at each location. In additi uch policy’Snall include typical construction code endorsements if there is a construction cod vision that requires changes to undamaged portions of the buildings even. when only p: mth ject is destroyed. by an insured hazard.
The maximum deductible (unless ae" m1 haf be required by. state law) shall be the 0 lesser of $10,000.00 or 1% of the S@u If an “agreed amount and inflation guard endorsement" is available for: such NS nce, it shall be added to such policy.
area and public way Project... Such coverage shall not be for less .than $1,000,000:00 for ding deaths of persons and property damage arising out of a single occu insureds for pro ily injuries and deaths of persons in connection with the Blanket fidelity bonds for all officers, directors, trustees and employees ion and all other persons handling or responsible for funds of, or administered sociation. Where the Association has delegated some or all of the responsibility for an@#ing of funds to a Manager, bonds (providing the same coverage as provided herein for th ssociation) will be obtained and maintained for its officers, employees and agents handling sponsible for funds of, or administered on behalf of, the Association. Fidelity bonds will © maintained on. such terms and with such surety or sureties, conditions, penalties or securities
ts handling sponsible for funds of, or administered on behalf of, the Association. Fidelity bonds will © maintained on. such terms and with such surety or sureties, conditions, penalties or securities as shall be deemed proper by the Board of Directors; provided, however, (i) that no such bond shall be written in a penal amount which is less than the estimated maximum of funds including reserve funds, in the custody of the Association or Manager at any given time, during the term of each, or less than a sum equal to three months’ aggregate assessments on all townhomes plus reserve funds, (ii) such bonds shall name the Association as the obligee (and as additional obligee on any bonds maintained by the Manager for its officers, employees and agents), (iii) the premiums for such bonds (except with respect to bonds maintained by the Manager for its officers, employees and agents) shall be paid by the Association, (iv) such bonds shall contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons serving Ww 3358 PoE aGo. | tage shall include, without limitation, legal liability of the ve 3dOS e304 without compensation from the definition of “employees”, or similar terms or expression, (v) all such bonds shall provide that they may not be cancel!
led or substantially modified (including cancellation for nonpayment-of premium) without at least fifteen (15) days’ prior written notice to the Association, or to any insurance trustee with whom the Association has entered into a written insurance trust agreement and to any. First Mortgagee (or service for a holder of First Lien Indebtedness). In addition to the- foregoing notice, in the event of cancellation or
entered into a written insurance trust agreement and to any. First Mortgagee (or service for a holder of First Lien Indebtedness). In addition to the- foregoing notice, in the event of cancellation or substantial modification, a similar notice to the same recipients shall be provided for in such bonds to be given at least fifteen (15) days prior to the lapse of any such bonds.
(4) If any part of the Project is in a special flood hazard area, a “master” or "blanket" policy -of flood insurance covering any buildings or other Property constituting a portion of the Common Area. Such coverage shall not be for less than the lesser of 100% of the insurable value of the facilities covered or the maximum coverage available under the appropriate National Flood Insurance program. The maximum deductible (unless a higher amount shall'be required by state law) shall be the lesser of $5 ,000.00 or 1% of the policy face amount, : s (b) ‘The name of the insured under the foregoing described policies shall be substantially as follows: . “Eaglewood Townhomes" for the use and benefit of the individu Owners may be designated by name if required by Law)."
Notwithstanding the foregoing, the policies may be issued j uthorized representative of the Association, including any insurance trust cessor to such trustee) with whom the Association has entered into an insurance t for the use and benefit of the Owners. Loss payable provisions shall b insurance trustee) as a trustee for each Owner and each su and such.Owner’s mortgagee, if any, shall be beneficiari voting interest in the Association.
(c) Insurance policies shall contain ta mortgagee either FNMA or its servicer (andy Stfvice is so named as mortgagee, its SSQrs name must be followed by the phrase "its @tc assigns"), and such other mortgagee
rance policies shall contain ta mortgagee either FNMA or its servicer (andy Stfvice is so named as mortgagee, its SSQrs name must be followed by the phrase "its @tc assigns"), and such other mortgagee protection clauses as may be r byihe t Mortgagees. No such policies nor the constituent documents of the co’ uN shall contain any provisions for requiring contributions or making asse: ¢ Association, the Owners, or any First Mortgagee (or any successor or assign gageé) nor may such policies or such constituent documents provide that loss contingent upon any action by such company’s board of directors, policy holdg ers, nor shall such policies contain any limiting clauses (other than insurance g ich could prevent any Owner or First Mortgagee from _ collecting insurance p sociation (or such ner’s mortgagee. Each Owner licies to the extent of their mortgage clause, must name as n eyance by the Declarant, each owner of a Townhome shall maintain general ranc® in an amount equal to the replacement cost of the Townhome. All insyrance i st provide that they will not lapse, be cancelled or modified except after fi } prior written notice to the Association and to each First Mortgage listed as suc. @purance policy.
(e) Insurance policies shall provide: (2) that any right of subrogation against individual Owners is waived; covering the same loss.
._) LOPE TEAAEE cog paar emenaanainamanemeaaE teres Cem: , “03958060395.
(f) The Board of Directors shall have the express authority, on behalf: of the Association, to name as insured an.authorized representative, including any trustee (or successor
es Cem: , “03958060395.
(f) The Board of Directors shall have the express authority, on behalf: of the Association, to name as insured an.authorized representative, including any trustee (or successor thereto) with whom the Association has entered into any insurance trust agreement, who shall have exclusive authority to. negotiate losses under any policy providing the property or liability insurance required to be provided herein. . : 5 (g) _ By acceptance of a deed of a townhome, each Owner shall be deemed to have irrevocably appointed the Association (which appointment shall be deemed a power coupled with an interest), together with any insurance trustee, successor trustee or authorized representative designated by the Association, as such Owner’s attorney-in-fact for the purpose of purchasing and maintaining the insurance required hereunder as well as for collection and appropriate disposition of the proceeds thereof, the negotiation of losses and execution of releases of liability, the execution of all documents, and the performance of all other. acts necessary to accomplish such purpose and the Association or such trustee, successor trustee or-authorized representative must receive, hold or otherwise properly dispose of any proceeds of in: in trust for the Owners and the First Mortgagees as their interests. may appear.
(h) The Association shall be entitled to obtain and maintain such ag coverage hereunder as the Board of Directors may deem necessary g premiums for all insurance coverage maintained by the Association pursua constitute a common expense and be payable: by the Association.
(i An Owner shall be responsible for obtaini Fat his sole cost’‘and expense, insurance covering his townhome, all alterati are improvements to his
a common expense and be payable: by the Association.
(i An Owner shall be responsible for obtaini Fat his sole cost’‘and expense, insurance covering his townhome, all alterati are improvements to his townhome and all other personal property located the ing a part thereof. Nothing herein shall be deemed or construed as prohibiting an O ole cost and expense, from obtaining and maintaining such further and supglementa ice coverage as he may deem necessary or appropriate. os possession or acceptance of title to a townhome, hereby waives any and@ve' h arises or may arise in its or his favor y and all loss of, or damage to, its or his against any other Owner or the As: io!
property located within or upon, n ig a part of, the Project, which loss or damage is n covered by valid and collectible xt@ided coverage insurance policies, to the extent such loss or damage is rec reuiger. Inasmuch as the foregoing mutual waivers will preclude the assign h claim by way of subrogation or otherwise) to an insurance comp arty), the Association and each Owner immediately shall give the terms of this mutual waiver, and cause such policies to : revent the invalidation of such coverage by reason hereof.
0) The Association and each pard’of Directors shall not be liable for any failure to obtain a policy which s of this Article, if such requirements are not attainable after the Board efforts to obtain a policy which meets such requirements.
(k) meets the has e; ARTICLE VI | LOSS AND OBSOLESCENCE SECTION 1. Loss. In the event of damage to facilities; building, etc., forming property ¢ Association, which area is covered by insurance on the Common Area carried by the Association, the Board of Directors shall advertise for sealed bids for such construction or repair
forming property ¢ Association, which area is covered by insurance on the Common Area carried by the Association, the Board of Directors shall advertise for sealed bids for such construction or repair from any properly licensed contractor(s).. The Board of Directors may then negotiate with any contractor who submits a sealed bid. Such contractor shall also furnish proof of worker’s compensation and any other necessary insurance coverage as may be deemed-necessary by the Board of Directors or as required by state or local statutes.
If proceeds from the insurance are not sufficient to cover repair and/or reconstruction of such buildings, facilities, etc., then the Board of Directors shall levy a special assessment in an amount equal to such deficiency of insurance proceeds in an equal amount against each ” 10 _ such repair and/or rebuildi vo. 3358 -:2¢336 townhome in the Eaglewood Townhomes. Such Special assés$ment may be levied without a vote of the members of the Association. Written proof of receipt of proceeds from the insurance coverage, the cost of repair and/or reconstruction and defici complete such repair and/or reconstruction shall be posted in-a office of the Association, and each Owner shall be notified in w will be made and the reasons therefor.
ency of an amount necessary to readily accessible location in the Titing that the special assessment In the event insurance proceeds shall be in an amount in excess of the amount needed to repair and/or reconstruct such damaged facilities, buildings, etc., then such excess amount shall be deposited to the account of the “Eaglewood Townhomes Owners Association, Inc." in the bank used regularly by the Association. Notice of such action, with proper figures, shall be
xcess amount shall be deposited to the account of the “Eaglewood Townhomes Owners Association, Inc." in the bank used regularly by the Association. Notice of such action, with proper figures, shall be posted in the office of the Association and each Owner shall be furnished with notice in writing of such action by the Board of Directors.
. The Board of Directors or its duly authorized agents, shall have no authority to insure individual townhomes or pay premiums for insurance on individual townhomes located in the Eaglewood Townhomes. It is the sole responsibility of each individual Owner to obtain liabili theft, casualty or other insurance covering personal loss or damage to or on his prg Further it shall be. the individual Owner’s responsibility for maintaining any and all jg he chooses to obtaitt on his property. The Owner may, if he wishes, at his own provide as he sees fit, homeowner liability insurance, casualty insurance, thef ans) or other insurance covering personal loss or damage.
In the event of damage or destruction by fire or other townhome roof, garage or storage area covered by insurance-writte Owner, said Owner, with the concurrence of the mortgagor, if an ct to repair or rebuild such damaged portions of the exterior of the toygghome, t fe roof, garage or storage area in a good workmanlike manner in confo ce with the original plans and specifications of said property, upon receipt of insuranc wnhome, f an individual damage to the exterior of. the townhome, townh (90) days after such damage occurs, the Assggiati hereby irrevocably authorized by such Owg@f to rabu the townhome, townhome roof, gai or specifications of the exterior of Owner then irrevocably. ag air and/or rebuild and all such
curs, the Assggiati hereby irrevocably authorized by such Owg@f to rabu the townhome, townhome roof, gai or specifications of the exterior of Owner then irrevocably. ag air and/or rebuild and all such ge or storage area within ninety d through its Board of Directors is ‘and/or repair such exterior damage of in accordance with the original plans and wnhome roof, garage or storage area. The sociation an amount equal to the actual cost of tedness shall be repaid in installments, then the sociation, interest on such indebtedness in an amount Owner irrevocably agrees to ; banks in the area for home improvement loans. The equal to. interest being Association shall. have uriffg payment of such sum identical to that provided above inthe section securing th . Any restoration and repair work wu ssociation pursuant to Section 1 shall be performed in as good and _ workmant: with a view to restoring the improvements to a condition similar to that e i such damage or destruction; provided, however, that in no event shal! the Ass i sponsible for restoring, repairing or replacing any improvements to a townhome Wwner, or the contents located in such Owner’s townhome. All such restoration and repair work, whether done by the Association or an Owner, shall be effected in a manner SO as to observe all vertical and horizontal boundaries existing prior to such damage or destruction.
SECTION 3. Obsolescence of Common Area, In the event not less than seventy-five percent (75%) of the total voting membership in the Association shall determine at a meeting of the Association duly called for purposes of considering same that the Common Area, or any part thereof, are obsolete, the Association promptly “shall proceed with the necessary
termine at a meeting of the Association duly called for purposes of considering same that the Common Area, or any part thereof, are obsolete, the Association promptly “shall proceed with the necessary replacements and improvements thereto pursuant to a budget established for such purpose, and ‘the cost thereof shall be and constitute a special assessment payable by the Owners within thirty ll rere yal ae OR cane £ AALS NI SIE ELITES PERERA EAM I Ete at ants PaaS the Board of Directors may, in their sole and absolute discretion, deem neces eee cnet me RR ANNAN A RRR RRR TONES ‘to any such actions, ¢ . 133582337 (30) days of the date notice of such special assessment is delivered to them by the Association.
SECTION 4. Sale or Termination of Project. In the event not Jess than one hundred percent (100%) of the total voting membership.in the Association shall determine at.a meeting of the Association duly called for purposes of considering same that all or any. portions of the Project shall be sold or that the Project is obsolete, the Association, ‘after first obtaining the written consent of sixty-seven percent (67%) of the First Mortgagees, promptly shall proceed with the sale thereof or, in the event of the obsolescence of the Project, the sale of the Project | in its entirety. Any proceeds from such sale shall be received, held and applied for and on account of the Owners as provided in Section 1 above. Nothing herein contained shall be deemed to limit or affect the sale of any townhome by the Owner thereof.
SECTION 5. Association as Attorney-in-Fact.. Each Owner, by acceptance or possession of title to a townhome, hereby irrevocably makes, constitutes and appoints the
f any townhome by the Owner thereof.
SECTION 5. Association as Attorney-in-Fact.. Each Owner, by acceptance or possession of title to a townhome, hereby irrevocably makes, constitutes and appoints the Association, and each and everyone of its successors in interest hereunder, ‘as his true and lawful attorney-in-fact, for and in his name, place and stead, upon the damage or destructiog of the Project, or any part thereof, or upon any determination by the Owners made pursua’ Article VI, to take any and all actions, and to execute and deliver any and all ing , as to effect the intents and purposes of this Article VI, hereby giving and.
Association full power and authority to do and perform all and every act TeqiMsite or necessary to be done in and about the Project as fully, to-all inte Owner might or could do, hereby ratifying and confirming whatsoe by virtue hereof. It is intended by this Section 5 to authori A , in the name and on behalf of all Owners, to-do and perform all actions intent and purposes of this Article VI as aforesaid, inclu authority to make and settle claims under any insurance contract for and with respect to restoration and gepair w replacements and improvements to the Commont by Section 3), to contract for and with respect to a as contemplated by Section 4), and to execut limitation, the power and ined by the Association, ct for and with respect to (to the extent authorized as contemplated of the Project (to the extent authorized SECTION 6. Substantial Dam: damaged or destroyed by such c of all Owners, and theirgport, proportion to the percepee g each Owner in the thirds (2/3) or more.of the townhomes are ages and awards shall be held for the account their interest shall appear, as provided herein, in
d theirgport, proportion to the percepee g each Owner in the thirds (2/3) or more.of the townhomes are ages and awards shall be held for the account their interest shall appear, as provided herein, in r to the percentage voting interests previously held by ony 18 Declaration shall terminate upon such payment. ‘Upon such termination, m d Common Areas shall be deemed to be regrouped and merged into a sin: ed jointly, in undivided interest by all Owners as tenants-incommon in the percen interests equal to the percentage voting interests previously held by each Owner j ARTICLE Vi CONDEMNATION TION 1. General Provisions. If all or any part of the Project is taken or threatened to ef by eminent domain or by action in the nature of eminent domain. (whether permanent or tgporary ) the Board of Directors and each Owner shall be entitled to participate in ings incident thereto at their respective expense. The Board of Directors shall give such ice, as it is received, of the existence of such proceeding to all Owners and to ali First Lien Mortgagees. The expense of participation on such proceedings by the Board of Directors shall be bome as a common expense. The Board of Directors is specifically authorized to obtain and pay for such assistance from attorneys, appraisers, architects, engineers, expert witnesses and other persons as the Board of Directors in its discretion deems necessary or advisable to aid or advise it in matters relating to such proceedings. All damages or awards for any such taking shall be deposited with the Board of Directors, acting as trustee, and such damages or awards shall be applied or paid as hereinafter provided. Any ‘restoration. or repair of the Project following a partial condemnation shall be performed in accordance with the provisions of this .
s or awards shall be applied or paid as hereinafter provided. Any ‘restoration. or repair of the Project following a partial condemnation shall be performed in accordance with the provisions of this .
12 i instruments necessary or incidental ‘ ne enn eer peepee VOL 3398 ese SS Declaration and shall follow, as nearly as possible, the original plans and specifications for the Project, unless otherwise approved by all First Mortgages.’ °° SECTION 2. Taking of One Townhome. In the event of any taking of a townhome by eminent domain or sale or other transfer in lieu th ereof, the Owner and his mortgagee, if any, of such townhome shall be entitled to the award for such taking and after payment thereof, he and his mortgagee shall be divested of all interest in the Project if such Owner shall vacate and abandon his townhome by virtue of such taking. If any repair or rebuilding of the remaining portions of the Project is required as a result of such taking, the remaining Owners shall determine by the affirmative vote or written consent of the remaining Owners owning a majority interest in the Association either to rebuild or repair the Project or to take such other action as such remaining Owners may deem appropriate. If no repair or rebuilding shall be required, nor shall be undertaken, the remaining portion of the Project shall be reserved and the Declaration shall be amended to reflect such taking.
SECTION 3. Taking of Common Area. In the event an action in eminent domain is brought to condemn a portion of the Common Area together with or apart from any townhomes the Board of Directors, in addition to the general powers set out herein, shall have the so’ authority to determine whether to defend or resist any such proceeding, to make any settlg
om any townhomes the Board of Directors, in addition to the general powers set out herein, shall have the so’ authority to determine whether to defend or resist any such proceeding, to make any settlg with respect thereto, or to convey such property to the condemning authority in lie condemnation proceeding. With respect-to any such taking of Common Area only, all @ and awards shall be determined for such taking as a whole. After the damages such taking are determined, such damages or awards shall be deposited and heli Article VI, Section 1 above-with regard to excess insurance proceeds may, if it deems advisable, call.a meeting of the Owners, at whic majority vote, shall decide whether to feplace or restore as far as _ taken or damaged. In the event it is determined that such Common restored by obtaining other land or building additional struggres, this ton and the Map attached hereto shall be duly amended by instrument exec by the Board of Directors on behalf of the Owners, SECTION 4. Taking of Several Townhg: es. ent that such eminent domain - proceeding results in the taking of or damage to th: thirds (2/3) of the townhomes, then the damage and awards for such taking ined for each townhome. and the following shall apply: ° (a) The Board by such taking may be habitab!
the nature of this Project an damaged.
ermine which of the townhomes damaged p s set forth in the Declaration, taking into account ed ‘We of each townhome or lot incident thereto so tors shall determine whether it is reasonably practicable to continue the use of th! eg including those damaged townhomes which may be habitable, In Me event the Board of Directors determines, with the consent of fiftyhe First Mortgagees and not less than sixty-seven percent (67%) of the
cluding those damaged townhomes which may be habitable, In Me event the Board of Directors determines, with the consent of fiftyhe First Mortgagees and not less than sixty-seven percent (67%) of the rship in the Association, that it is not reasonably practical to continue the use townhomes and the damaged townhomes which can be made habitable as a t, then the Common Areas shall be deemed to be regrouped and merged into a single estate owned jointly in undivided interest by all Owners, as tenants-in-common, in the percentage interests equal to the percentage voting interests previously held by each Owner in the Association. — (d) In the event the Board of Directors determines that it will reasonably practicable to continue the use of the undamaged townhomes and the damaged townhomes which can be made habitable as a townhome project, then the damages and awards made with respect to each townhome which has been determined to be capable of being made habitable shall be applied to repair and reconstruct such townhome so that it is make habitable. Any excess shall 13 janes rene ee eA Pa s Pd 4 Sc 759 SERS ENRON RNAI ATARI OO AB I TN AN eo} .
3 a < Qa S 3 p qa Ae res bidecs 433582399 be delivered to the Owner of such townhome-or his mortgagee as their interest may appear. If the cost of such work exceeds the amount of the award, the additional funds required shall be assessed against the Owners of those townhomes which are being repaired or reconstructed so as to be made habitable. With respect to those townhomes which may not be made habitable, the award made with respect to each townhome shall be paid to the Owner of such townhome or his mortgagee or mortgagee, as their interests may appear, and the remaining portion of such
made habitable, the award made with respect to each townhome shall be paid to the Owner of such townhome or his mortgagee or mortgagee, as their interests may appear, and the remaining portion of such townhome, if any, shall become a part of the Common Area and further repair and use of such townhomes shall be determined by the Board of Directors. Upon the payment of such award for the account of such Owner as provided in the preceding sentence, such townhome shall. no longer be a part of the Project, and the membership in the Association and easements appurtenant to such townhome shall terminate.
(e) If two-thirds (2/3).or more of the townhomes are taken or damaged by such taking, all damages and awards shall be held for the account of all Owners, and their mortgagees, as their interests shall appear, as provided herein, in proportion to the interests equal to the percentage voting interests previously held by each Ow Association and this Declaration shall terminate upon such payment. Upon su the townhomes and Common Areas shall be deemed to be regrouped and m estate owned jointly, in undivided interest by all Owners as tenants-in-com: eit sae rt ae A RNA NC, A NA ER COENR RON S MS SMD at interests equal to the percentage voting interests previously held b the ; Association.
i SECTION 5. Payment of Awards and Damages. provided in this Article to be paid to or for the account of any Ow trustee, shall be applied first.to the payment of an authorities past due and unpaid with respect to that to Directors, acting as idly, to amounts due.under of any common charges or special assessments charged to or made agai Owner.
the original constructio!
between the townhor provisions of this S, upon the Properties and placed on the dividing line
nder of any common charges or special assessments charged to or made agai Owner.
the original constructio!
between the townhor provisions of this S, upon the Properties and placed on the dividing line Party Wall, and to the extent not inconsistent with the tules of the law regarding party walls and liability for or willful acts or omissions shall apply thereto. The Owner of a townhome through or make or commission to be made, any penetration through a party anY’purpose whatsoever.
haring of Repair and Maintenance. The cost of reasonable repair and maj Sag party wall shall be shared; provided, however, that if any damage or repair ssary by act or negligence of one Owner of such party wall, then that Owner. who nsib@pfor such damage shall be liable for the entire cost of repair or replacement of such i. ; SECTION 3. Destruction by Fire or Other Casualties. If a party wall is destroyed or aged by fire or other casualty, then to the extent that such damage is not covered by & 3 3 Z surance and repairs not paid out of the proceeds of the same, an Owner who has used the wali i or whose tenant(s) has used the wall, shall restore it, and if the other Owner or his tenant(s) : thereafter make use of the wall, such Owner shall contribute to the cost of restoration thereof e in equal proportions without prejudice to the right of any such Owner to call for a larger .
: contribution from the others under the rule of law regarding liability for negligence or willful k acts or omissions, a & i SECTION 4. Weatherproofing. Notwithstanding any other provisions of this Article, 5 to the extent that such damage is not covered and paid by the insurance provided for herein, an é , Owner, who by his negligent or willful act or whose tenant(s) by his/their negligent or willful fk 14 é © ‘
extent that such damage is not covered and paid by the insurance provided for herein, an é , Owner, who by his negligent or willful act or whose tenant(s) by his/their negligent or willful fk 14 é © ‘ - a, ET ENE NET OREO ACCC NEL OLENA tCRaANe eae TNCs tee pteStn nate NemDteEntananetaithttenr sehen snr ogi abnabiopenstannntims ieebiniane i ya. 3358340 act, causes the Party Wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. , SECTION 5. Right to Contribution Runs With Land.
The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to and run with the land and shall pass to such Owner’s successors in title.
ARTICLE IX ARCHITECTURAL CONTROL It shall be the responsibility of the Board of Directors to appoint an Architectural Committee of not less than three members to work with the Board of Directors to see that the following restrictions are adhered to: No building, fence, wall or other structure shall be commenced, erected, placed maintained upon any lot, nor shall any exterior addition or change or alteration to the exte of the townhome, garage, storage area, common area fence or wall be made until pl specifications showing the nature, kind, shape, height, materials, and location of proposed alteration and/or building shall have been submitted to the Board of Directo Architectural Committee in writing, and such specification have been approved ig i Board of Directors and the Architectural Committee or, if no Architectural existence, by the Board of Directors, as to harmony of external desi eer Directors manner to the or any change, written approval the Architectural Committee (if isapproval of the Board of Iso kept on file shall be a {
Board of Directors, as to harmony of external desi eer Directors manner to the or any change, written approval the Architectural Committee (if isapproval of the Board of Iso kept on file shall be a { and the Architectural Committee are changes or alterations pro} landscaping in any yard other than that which comprises each lot’ changes, or alterations as outlined in this Section, togethe or disapproval of such request by the Board of Directors there be no Architectural Committee, then the approyal Directors), shall be kept on file in the office of the iO!
copy of the work permit, IF ANY, issued by > Ci AR M ti responsible for the costs and expense of ler and repair the Common Area and the Common e is. at all times solely responsible for the cost, expense, p in ood order and repair of his townhome. Each Owner shall ge the interior of his townhome; provided, however, that any ation does not impair the structural integrity, weaken the support fect any of the townhomes.
The Association shall at maintaining, and the maintain) Elements.
The Owner of each i maintenance and tlie m : have the right to deco such-decoration, or otherwise a at the need for maintenance or repair to the exterior of any townhome is illful or negligent act of the Owner, his family, guests, tenants, or invitee, or paid for by insurance on such townhome, the cost of such maintenance or repair added to’ and become a part of the assessment too which such townhome is : subject and shall be subject to the same remedies of collection as is provided for collection of } Owner Assessments.
The Association shall have a right of entry on any townhome and in any townhome to ' perform emergency repairs or do other work reasonably necessary for the proper maintenance
of } Owner Assessments.
The Association shall have a right of entry on any townhome and in any townhome to ' perform emergency repairs or do other work reasonably necessary for the proper maintenance of the Project. Except in an emergency situation the Association shall attempt to give the Owner prior notice of the entry and shall in any event perform ‘such emergency repairs or other work in a good and workmanlike manner and thereafter repair any damage or destruction occasioned upon such townhome as a result thereof.
15 we 3SOB ex 34d ARTICLE XI USE RESTRICTIONS SECTIONS 1. . Each townhome conveyed shall be designated by a separate legal description and shall constitute a freehold estate subject to the terms, conditions, and provisions hereof.
SECTION 2. Each townhome shall be used only for residential purposes,. as a private residence, and no professional, business or commercial use shall be. made of the same, or any portion thereof, nor shall an Owner’s or tenant’s use of a townhome endanger the health or disturb. the reasonable enjoyment of any other Owner or tenant.
SECTION 3. No buildings other than townhomes, being single family residences joined together by a common wall or walls, and/or roof and/or foundation, shall be constructed on the lots.
SECTION 4. No building or structure of any kind shall-be moved onto sgid SECTION 5. No structure of a temporary character, trailer, ba tent) ck, garage, barn, or other outbuildings shall be placed on, erected or used t ime as a residence, storeroom or place of business, either temporarily or tly (unless otherwise authorized and approved in writing by the Board of Di SECTION 6. No advertising signs except one "F than five square feet per townhome (including stan nuisances shall be erected, placed, parked or permitted
ized and approved in writing by the Board of Di SECTION 6. No advertising signs except one "F than five square feet per townhome (including stan nuisances shall be erected, placed, parked or permitted "For Rent" or "For Sale" signs shall be placed within t the lot being advertised (i.e., close to the to me), unt ie" sign of not more » unsightly objects, or id townhomes. Any such undary of the sidewalk and townhomes are sold.
SECTION 7. No animals, tives f any kind shall be raised, bred, or kept on any townhome, except dogs, ee or ot usehold pets. The number of pets kept .Shall not exceed a total of two 2): may be kept, bred or maintained for any commercial purpose or purposes.
All ordinances: 0 pre emregarding keeping of pets shall be effective in the Association. Each me dim his family, tenants, or guests shall be responsible for removal of deft y from the common area and his yard.
SECTIO! bish, trash, and/or garbage shall be kept screened by adequate planting or fenci 0 be seen from neighboring townhomes and streets, and shall be regularly rei © property, and shall not be allowed to accumulate thereon.
EB Drying of clothes shall be confined to individual garages and must be kept sc te planting or fencing so as not to be seen from neighboring townhomes and.
st » gi doors must be kept closed at all times.
CTION 10. No television, C.D., radio or radio antennas, satellite dishes, solar he@ing panels or other devices of any kind, shall be erected, placed, allowed or maintained on ot, or on any portion of the exterior improvements located on that lot or on any structure ted on a lot.
1 RE Ta ORR a SECTION 11.
(a) No Owner, or any party acting on behalf of any Owner, shall do any work or any
portion of the exterior improvements located on that lot or on any structure ted on a lot.
1 RE Ta ORR a SECTION 11.
(a) No Owner, or any party acting on behalf of any Owner, shall do any work or any act which will impair the structural soundness or integrity. of any townhome or impair any easement or hereditament, nor do any act nor allow any condition to exist which will ativectiely affect any townhome or its Owner.
| { _ of Tyler, will be allow ya 3358 ece342 (b) All fixtures and equipment installed within a townhome, storage or utility room shall be the sole responsibility of the townhome’Qwner and said Owner shall provide for the care and repair of such equipment, including but not limited to, water lines, cutoffs, stopped commodes or sinks or lavatories, unless such stoppage shall be caused by a fault in the main waterline or sewerline located in the common area.
(c) Maintenance and repair of all exterior components of air conditioning units, including any platform on which a component may be located, is the sole responsibility of the Owner of the townhome wherein such air conditioning unit is installed.
(d) Any and all damages caused to roofs by reason of an Owner or his tenant having a hot air exhaust system, carbon exhaust system, or other device installed on the roof of the townhome, is the sole responsibility of the Owner of such townhome and the Association shall not.be liable for any damage so incurred.
SECTION 12. No vehicle shall be parked on streets or driveways so as to obstruct the ingress and egress by Owners of townhomes, their families, guests, tenants arid invite except for the reasonable needs of emergency, construction, or service vehicles for a tin limited to as briefly as possible. For a period not to exceed forty-eight (48) hours,
sts, tenants arid invite except for the reasonable needs of emergency, construction, or service vehicles for a tin limited to as briefly as possible. For a period not to exceed forty-eight (48) hours, guests, tenants, and invitee of Owners and Owners of townhomes may park their vehi guest parking areas, if any, provided on the recorded plat of the Project. Guest park shail not be used by the Owner of a townhome, his guests, tenants, or inviteg storing boats, trailers, camping-units, or any personal vehicles and the Board insure the proper use of said areas in such legal manner as it dee SECTION 13. Except in the individual backyard are: no planting or gardening shall, be done, and no fences, hedges o} maintained upon said property, except as installed in acc the building or as approved by the Associations’s Boa!
Architectural Committee. Maintenance, upkeep and responsibility of the individual townhome an.
e itial construction of Directors or the designated backyard shall be the sole t in any manner be the responsibility of the Association. Each Own Il Ne ‘for the yard area of his/her townhome and it shall be maintained in a sanita’ manner by the Owner or his/her tenants (which includées regular mowing, I eeds and removal of debris from the backyard areas).
SECTION 14. . No or in any townhome nor s annoyance or nuisance to th nor storage of any explosive ive activities shall be carried on upon any lot lone thereon which may be or may become an id." No water drilling shall be permitted upon any lot, micals in violation of the city ordinances of the City home.
SECTION : herein must bea to a member deviation or variance from any and all restrictions as set out ting by the Board of Directors before any variance can be granted iation.
ARTICLE XII EASEMENTS
me.
SECTION : herein must bea to a member deviation or variance from any and all restrictions as set out ting by the Board of Directors before any variance can be granted iation.
ARTICLE XII EASEMENTS ON.1. If construction, reconstruction, repair, shifting, settlement or other movement of any portion of the improvements located on the Land results in either the Common Area, or any portion thereof, encroaching on any lot, or in any improvements encroaching on the Common Area or on any other lot, a valid easement for both the encroachment-and its maintenance’ shall and. does exist. The easernent shall extend: for whatever period the encroachment exist. Such encroachments and easements shall not be considered to be encumbrances either upon alot or the Common Area.
SECTION 2. There is hereby created a blanket easement upon, across, over and under all of said property for ingress and egress, installation, replacing, repairing, and maintaining 17 (ee: estan A Ste Ae RC ALR BN OIA SNORE CNET AME SSIS AR Rigen ae a Sere ee, FRAME ERR TENN: Ni LARS RAMEE SMESINS 5 SUROERN ne ANA STEM | a yor 3358 e340 utilities, including, but not limited to, cable TV, water, sewer, telephones, electricity and gas.
By virtue of this easement, it shall be expressly permissible for the utility companies to affix and — maintain pipes, wires, conduits, or other service lines on, above, across and under the roofs and exterior walls of the townhomes. Notwithstanding anything to’ the contrary contained in this paragraph, no sewer, electrical lines, water lines, cable TV, company lines or other utilities may be installed or relocated on the property until approved by.the Association’s Board of Directors.
In the event that any utility company furnishing a service covered by the general easement herein
may be installed or relocated on the property until approved by.the Association’s Board of Directors.
In the event that any utility company furnishing a service covered by the general easement herein provided requests a specific easement by separate recordable instrument, the Association, through its Board of Directors, shall have the right to grant such easement on said property without conflicting with the terms hereof.
SECTION 3. Underground single phase electric service shall be available to all residential townhomes and to the recreation buildings constructed on the Common Area. The metering equipment shall be located on the exterior surfaces of the walls of the buildings at a point to be designated by the utility company. The utility company furnishing the service shall have a two (2) foot wide.easement along and centered on the underground electric powga service the townhome buildings. , SECTION 4. Any utility company using the easements shall damage done by them, their employees, or agents to shrubbery, treé improvements located on the land covered by said easements.
SECTION 5. The Owners of the respective townh own pipes, wires, conduits,-or other service lines ru utilized for, or service other townhomes, but each Ow: aforesaid facilities as shall be necessary for the us townhome. : ed to separately property which are an easement in and to the ce and enjoyment of his SECTION 6. Easements for the instaljati facilities are reserved as shown by the plat Clerk of Smith County, Texas and P inst as provided in Section 2 of this Articl registered office of the Associatio: in any easement or alleyway.
any dedicated easement @r th utility, together with i which would const utility.
d maintenance of utilities and drainage its recorded in the office of the County
sociatio: in any easement or alleyway.
any dedicated easement @r th utility, together with i which would const utility.
d maintenance of utilities and drainage its recorded in the office of the County Shall hereafter be recorded in said office S of these shall be kept on file in the. current ty, fence, or other obstruction shall be placed ingress and egress shall be had at all times over n, operation, maintenance, repair or removal of any any obstruction which may be placed in such easement e with the use, maintenance, operation or installation of such ARTICLE XII GENERAL PROVISIONS Enforcement. The Association, or any Owner, shall have the Tight to enfage, proceedings at law or equity, against any Owner, the Association or any. other a 1 resWictions, conditions, covenants, reservations, liens and charges now or hereafter SOM@py the provisions of this Declaration. Failure by the Association or by any Owner to e € any covenant or restriction herein contained shall in no event be deemed a waiver of the Tiga to do so thereafter.
SECTION 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full SECTION 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of, and be enforceable by the Association, or the Owner of any townhome subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty (20) years from the date the original Declaration is recorded, after which time said covenants shall be automatically extended for 18 atone wr dd0S ced 44 ve '
ssors, and assigns, for a term of twenty (20) years from the date the original Declaration is recorded, after which time said covenants shall be automatically extended for 18 atone wr dd0S ced 44 ve ' Successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended, pursuant to a meeting of the Owners at which the amendment is approved by not less than sixty-seven percent (67%) of the total voting membership in the Association and by fiftyone (51%) of the First Mortgagees. Such Amendment shall be evidenced by a written instrument executed and acknowledged by an Officer of the Association on behalf of the consenting Owners and by the consenting First Mortgagees and filed of record in Smith County, Texas. Any such amendment so effected shalt be binding upon all of the Owners, provided, however that no such amendment shall cause the alteration or destruction of a townhome unless such amendment has been consented to by the Owner and the First Mortgagee of the townhome which is to be altered or destroyed. The Association shall give each First Mortgagee written notice of any proposed action or amendment which pursuant to the provisions hereof require the approval of First Mortgagees. In addition to the voting requirements provided for in the Bylaws for amending the Bylaws, amendments thereto shall not become effective unless and until approved by fifty-one (51%) of the First Mortgagees.
SECTION 4. G rammar, The singular wherever used herein shall be construed to mean i the plural when applicable, and the hecessary grammatical changes required to make t provisions hereof apply either to corporations or individuals, men or women, shall in all cad be assumed as though in each case fully expressed.
nd the hecessary grammatical changes required to make t provisions hereof apply either to corporations or individuals, men or women, shall in all cad be assumed as though in each case fully expressed.
SECTION 5. Revocation of Declaration. This Declaration may be revoked, by an instrument in writing, duly executed and acknowledged by one hundred : of the Owners and sixty-seven percent (67 %) of the First Mortgages, duly 3 of i Smith County, Texas.
EXECUTED this/Zi day of ful 1993, C) RESOLUTIOMATRUST TION AS RECEIV VICTORIA SAVINGS ASSOCIATI g3HaY -3 Pri 3: O4 <2 a ‘STATE OF TEXAS COUNTY OF DALLAS day personally appeared of National Stonehenge rporation, known to me to be.the person and officer whose name is g instrument, and acknowledged to me that he executed. the same for iderations therein expressed, and in the capacity therein stated as the act BEFORE MB, dersigned authority, on this GLORIA MAY DAY Notary Publle, State of Texas My Comm. Exp, 01-29-94 STATE OF TEXAS COUNTY OF SMITH Inarety carkly Liat dy. insinsmient was Wed on tie } dats and ime stamped herecn by me and was duly : . fecordertin het are! Yrords of Sri County, Texas, | 4 y | 19 &