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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ERWIN FARMS STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN § THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRI Erwin Farms (as may be amended from time to time, the “Declaration”) is made Erwin Farms, LLC, a Texas limited liability company (“Declarant”).

WITNESSETH: oe; Declarant, as the owner of the real property described in Exhis this Declaration in the Official Public Records of Collin County, FEx2 ers of real property subject to this Declaration, to own, operate, ang Qus Sommon areas and community improvements and to administer and enfé COME , conmtions, restrictions, and easements set forth in this Declaration.

ed, conveyed, used, occupied and otherwise shall run with the title to such property. This ARTICLE I DEFINITIONS f unless otherwise specified. In order to minimize repetition, avoid gin key concepts, some terms are capitalized to indicate they have special definitions befiever used in capitalized form, those terms have the following meanings: (a) “Architectural Control Committee” and/or “ACC” shall mean and refer to the architectural review body for the Property, as described in Article IH.

(b) “Association” shall mean and refer to Erwin Farms Homeowners Association, Inc., a Texas non-profit corporation whose Certificate of Formation is attached hereto as Exhibit B, and which shall have the right to enforce this Declaration.

(c) “Board of Directors” or “Board” shall mean and refer to the body selected as provided in the Bylaws, being responsible for the general governance and administration of the Association and this Declaration. The initial Board shall be those individuals set forth in the

lected as provided in the Bylaws, being responsible for the general governance and administration of the Association and this Declaration. The initial Board shall be those individuals set forth in the Certificate of Formation and, during the time of Declarant control, the Declarant has the sole right to appoint and remove all Directors to the Board. The power and duties of the Board may, at the discretion of the Declarant, be limited to certain power and duties as set forth in the Bylaws.

(d) “Builder” shall mean and refer to any person or entity who has acquht¢ Lots for the purpose of constructing a residence thereon for later sale to consuy (e) “Bylaws” shall mean and refer to the Bylaws Association, Inc. approved by the Board of Directors, as may be J (f) “Common Properties” shall mean ali real proper Association holds possessory or use rights, for comm (hereinafter defined) including, but not limited to é k apdscape or maintenance easements granted or dedicated to the Asgociatj 3 ef written instrument, (iv) retention ponds within the Property, ; bal property or improvement the Association, at the sole discretion of the ain.

(gz) i j ard’ sha ¢ standard of conduct, maintenance and standard. The Association, th established by the Declapa , Shall ensure that the Community-Wide Standard W shall continue after the termination or expiration of -Wide Standard may contain objective elements, such ajice requirements, and subjective elements, such as matters he Community-Wide Standard may or may not be in writing.

~2Ounwy” shall mean and refer to Collin County, Texas.

(i) Declarant” shall mean and refer to not only CTMGT Erwin Farms, LLC, a Texas limited liability company, but also any successor, alternate or additional Declarant as appointed by

llin County, Texas.

(i) Declarant” shall mean and refer to not only CTMGT Erwin Farms, LLC, a Texas limited liability company, but also any successor, alternate or additional Declarant as appointed by CTMGT Erwin Farms, LLC, as successor, alternate or additional Declarant by written instrument, filed of record in the office of the County Clerk, specifically setting forth that such successor, alternate or additional Declarant is to have, in whole or in part, together with CTMGT Erwin Farms, LLC, the Declarant’s rights, duties, obligations and responsibilities for all or a specific portion or Phase of the Property. The term “Declarant” shall not include any person or entity that purchases a Lot from Declarant unless such purchaser is specifically assigned, by a separate recorded instrument, some or all of the Declarant’s rights under this Declaration as to the conveyed property.

(i) “Design Guidelines” shall mean and refer to the design standards and guidelines adopted by the Declarant, as may be amended in accordance with Article III, representing the minimum specifications for the construction of all residences, additions to such residences, and other improvements associated with each residence including, without limitation or improvements located on a residential! Lot, and the minimum requirements for la installed and maintained on each Lot. The Design Guidelines are an integ Declaration and the development plan of Erwin Farms. The initial Desjg attached hereto as Exhibit C. All Builders and prospective Owners g constructing a residence on a Lot are strongly encouraged to obtaj Guidelines prior to preparing plans and specifications for submissi (k) “Fimal Plat” shall mean, initially, the map or pla plats covering additional real property made subjectJo this Dé

raged to obtaj Guidelines prior to preparing plans and specifications for submissi (k) “Fimal Plat” shall mean, initially, the map or pla plats covering additional real property made subjectJo this Dé amended from time to time. OS (1) “Lot” shall mean and refer to nue (m) “Member” shall mean arth & to 2 ber of the Association, as described in Article VUI.

Wation (specifically including, but not limited to, any dcage or deed of trust) unless and until such mortgagee, tle to such Lot pursuant to foreclosure or any proceeding in ect to any matter requiring the vote, consent, approval or other action addition as set forth and more fully described on a Final Plat depicting real property that has been subjected to the Declaration.

(p) “Erwin Farms” or “Property” shall mean and refer to the real property described on Exhibit A, any improvements now or hereafter situated thereon, and any and all additional real property (and the improvements thereon) which Declarant hereafter subjects to this Declaration, in accordance with Article XIV hereof.

installation, maintenance and replacement of trees and other landscaping on each Lot and within the Property, including a detailed list of approved trees and landscaping for Erwin Farms, as may be adopted by the Declarant and as may be amended in accordance with Article II.

(r) “Supplemental Declaration” shall mean a recorded instrument which accomplishes one or more of the following purposes: (i) subjects additional real property to thig (ii) imposes, expressly or by reference, additional restrictions, covenants, easement and obligations on the land described.

ARTICLE Hl

ollowing purposes: (i) subjects additional real property to thig (ii) imposes, expressly or by reference, additional restrictions, covenants, easement and obligations on the land described.

ARTICLE Hl CONSTRUCTION OF IMPROVEMENTS AND Section 2.1 Residential Use.

The Property shall be used for single-family residentjé No building or other structure shall be erected, alteped, placg color variations opdesign in driveways is subject to written approval of the ACC. Widening of driveways shail be subject to written approval of the ACC.

Section 2.5 Uses Specifically Prohibited.

(a) No temporary dwelling, shop, storage building, trailer or mobile home of any kind or any improvement of a temporary character shall be permitted on any Lot without the express written consent of the Architectural Review Committee except (i) dog houses and small greenhouses. Structures such as play scapes, play sets, or play houses, trampolines, gazebos, pergolas, patios and buildings for storage of lawn maintenance equipment must receive prior written approval of the ACC before being placed or erected ona Lot in accordanceMvithArticle III.

Play scapes, play sets or play houses may not exceed more than two (2) feet in hei®at ov the top ofa fence line. No part of any such structure shall be visible from any front street or the frOwt and side streets of residences located on a corner Lot or major thoroughfare.--Tite on a given Lot during construction of the residence on that Lot orf&\a between the Builder or contractor and Declarant and/or as Koti 4 Guidelines. No building material of any kind or character shall be : pon the Property until the Owner thereof i is ready to commence constru eats, and then as previded below, the following

r as Koti 4 Guidelines. No building material of any kind or character shall be : pon the Property until the Owner thereof i is ready to commence constru eats, and then as previded below, the following and may be parked only in an additional space outside of the garage fo 6s i Sqr of the Lot and provided such vehicles are twenty feet (20') or less in length): : stored vehicles, trucks with tonnag Cab e (1} ton, commercial vehicles (including all licensed or inoperable vehicles. “Sports irregular use or, in the absence of specific rules, shall have discretion in determining what constitutes permissible parking under such circumstances.

As used in this Section, the term “vehicles” includes, without limitation, automobiles, trucks, boats, trailers, motorcycles, campers, vans, jet skis, and other recreational vehicles.

(3) No vehicle of any size which transports flammable or explosive cargo may be kept or parked on the Property at any time, except for use by or on behalf of Declarant in connection with the development of the Property or by a builder or contractor in connection with the construction of improvements on a Lot.

(d) No animals or livestock of any kind shali be raised, bred or kept on the Property for commercial purposes or for food. Dogs, cats or other household pets may be kept for the purpose of providing companionship for the private family; however, these pets which aye Permitted to roam free, or, in the sole discretion of the Board, constitute a nuisance to the Aocctpants of other Lots shall be removed upon request of the Board. Pet nuisance shall be violation of these Covenants, Conditions and Restrictions and shall be subject/t0 the fining rules and regulations of the Association. If the pet owner fails to hg

of the Board. Pet nuisance shall be violation of these Covenants, Conditions and Restrictions and shall be subject/t0 the fining rules and regulations of the Association. If the pet owner fails to hg Board may, at its sole discretion, remove or otherwise plat ob A Notwithstanding anything contained herein to the contrary, the ‘ without incurring any further duty or obligation to owners and occup4 , decide to take no action and refer complaining parties toUthe 2 jate.winicipal or on a leash or otherwise confined inside 2a fenced area whengaver oufside # Pets shall be aste wherever deposited.

Notwithstanding anything seemingly hergino gore than three (3) household pets will be permitted on each Lot.

(e) No Lot or other area on tlfe or a site for the accumulation of ups broken or rusty equipment, digé appliances and furniture.

of any kind, including, without limitation brative cars, other vehicles or discarded All tion, construction, placement or installation of any television, radio or £ serial, antenna, satellite dish or device of any type for the reception or transmissteq of rada6 ot television broadcast signals or other means of communication upon a Lot or upon any improvement thereon is prohibited, except that this prohibition shall not apply to those antennae specifically covered by 47 C.F.R. Part 1, Subpart 8, Section 1.4000 (or any successor provision) promulgated under the Telecommunications Act of 1996, as amended from time to time. The Board shall be empowered to adopt rules governing the types of antennae that are permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to safety, location and maintenance of antennae.

To the extent that reception of an acceptable signal would not be impaired or the cost of

blishing reasonable, non-discriminatory restrictions relating to safety, location and maintenance of antennae.

To the extent that reception of an acceptable signal would not be impaired or the cost of installation would not be unreasonably increased, an antenna permissible pursuant to the Declaration or the rules of the Association may only be installed in a side or rear yard location, not visible from the street or neighboring property, and integrated with the dwelling and surrounding landscape. Antennae shail be installed in compliance with all state and local laws and regulations, including zoning, land-use and building regulations.

(h) No Lot or improvement thereon shall be used for commercial or manufacturing sold and closed. Nothing in this subparagraph shall prohibit an Owner’s use of a ré quiet, inoffensive activities such as a small home office, tutoring or giving lessefis constitute a nuisance, or a hazardous or offensive use, or threate within the Property, as determined in the Board’s discretion, an number of cars parked on the street.

(i) No fence, wall, hedge or shrub planting whic}“obgtry between three feet (3') and six feet (6') above the roadway shafl bé any corner Lot within the triangular area form connecting them at points ten feet (10°) from t the case of a rounded property corner, from extended. The same sight-line limitatigfis 5 intersection of a street right-of-way ling No tree shall be permitted to remain wi line is maintained at a minimum of nirfe obstruction of such sight lines.

eweffeet right-of-way lines as ot within ten (10) feet from the oring lawn maintenance equipment shall require the gazebos, pergolas and iSSi itectual Review Committee before being placed ona Lot as express wrijésp pergfil

lines as ot within ten (10) feet from the oring lawn maintenance equipment shall require the gazebos, pergolas and iSSi itectual Review Committee before being placed ona Lot as express wrijésp pergfil Lot actually is for rent or sale; or (iv) signs used by a Builder to advertise the Property during the construction and sales period, each of which shall, in any event, comply with all statutes, laws or ordinances governing same. The Board of Directors or its agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the above, and in so doing shall not be subject to any liability for trespass or otherwise in connection with such removal.

¢3) Clothes lines and the drying of clothes in public view are prohibited.

(m) Wood used for fireplace, barbeque, or other use must be stacked neatly and screened from public view. The Owner is responsible for ensuring that such wood stack is kept free of rodents.

on such Owner’s Lot which would violate any laws, statutes, ordinances or regula¢ or character.

Section 2.6 Minimum Floor Area.

The total air-conditioned living area of the main residenti ee Lot, as measured to the outside of exterior walls but exclusive of o ng detached accessory buildings, shall be in accordance with the Cit Subdivision Regulations but in no event shall be less than 1,500 and may be placed no nearer than five fet si 8 Lot line and shall not extend beyond a point of five feet (5') behind the ffent« BS . Fences or wails erected by é he Lot on which the same are erected and as all structural members a they are not visible fra Ne-Hortion of any fence shall extend more than six feet

ehind the ffent« BS . Fences or wails erected by é he Lot on which the same are erected and as all structural members a they are not visible fra Ne-Hortion of any fence shall extend more than six feet or missing pickets, leans, fading and chipping or pealing materials Syall be.s€t forth exclusively in the Design Guidelines. The color of roofing shall be consistent throughout Erwin Farms and shall otherwise conform to the Design Guidelines. The exterior of homes in Erwin Farms must be kept in good condition at all times. The roofs must be maintained in good condition, missing shingles and/or tiles or roofing material that lifts or bows must be promptly repaired.

Section 2.9 Mailboxes and Address Blocks.

Mailboxes shail be standardized throughout Erwin Farms and shall be constructed in accordance with the Design Guidelines. An address block shall be installed on the front facade or mailbox of each residence. Mailbox construction shall be brick and the condition of the mailbox maintained in good condition at all times.

Section 2.10 Landscaping.

Each Builder of a residence upon each Lot shall, upon or before the figs mimimum size and number of shrubs in the front yard against required by either the Design Guidelines, The City of McKinne Thereafter, each Owner of a Lot shall have the responsibility to prop® landscaping and, if necessary, shall replace such trees or landgcapi sdleOption, to remove g Owner’s account as a In addition to any requiremgats-eet fox is Declaration, all Owners are required to fling , Sih ree Guidelines in the construction of improvements within the Prope eynstallation, maintenance and replacement of trees and landscaping within the Propert permitting, review, “testing and inspection requirements and procedures not contained herein

nts within the Prope eynstallation, maintenance and replacement of trees and landscaping within the Propert permitting, review, “testing and inspection requirements and procedures not contained herein relating to national or uniform codes pertaining to building, electrical, plumbing and any other aspect of construction or development as deemed necessary by Declarant.

(b) Declarant. Declarant shall have exclusive authority to administer, review and act upon all applications for architectural and other improvements within the Property until all planned Lots have been conveyed to persons other than Declarant or a Builder and have been improved with a dwelling for which a certificate of occupancy has been issued, unless Declarant earlier terminates its rights in a recorded instrument. Declarant may designate or engage one or more persons or entities to act on its behalf with respect to some or all matters coming within the purview of this Article II]. In reviewing and acting upon any request for approval, Declarant or its designee act solely in Declarant’s interest and owe no duty to any other person. Declarant is not required to hold meetings or keep minutes relating to its review under this Article.

Declarant may from time to time delegate or assign all or any portion of its r Article to any other person, entity or committee, including the Architectural Control Any such delegation shall be in writing, shall specify the delegated responsibj ities subject to (i) Declarant’s right to revoke such delegation at any time ang jurisdiction, and (ii) Declarant’s right to veto any decision which i be inappropriate or inadvisable for any reason. So long as Dec Article, the jurisdiction of other entities shall be limited to such matt€ delegates.

(ii) Declarant’s right to veto any decision which i be inappropriate or inadvisable for any reason. So long as Dec Article, the jurisdiction of other entities shall be limited to such matt€ delegates.

(c) Architectural Control Committee.,. Upo expiration or termination of Declarant’s rights un er) i three persons. Members of the ACC need n¢t batts he Ass6ciation or representatives of Members, and may, but need not, in ; sers, or similar professionals, who may be compensated in such manner a 2 p members shall be designated, shall sete, a: y beNvemoved and replaced in the Board’s discretion.

bf the Property (and unless the Declarant shall notify Declarant in writing, no less than 1 Utrenwlre —e,, the notice. During such time, Declarant ang absolute discretion, to veto any ACC action; provided, review and approval by Declarant, for as long as Declarant may review the ACC’s decisions, and the ACC. Notwithstanding the above, neither the ACC nor Declarant shall be obligated to review all actions of any subcommittee, and the failure to take action in any instance shall not be a waiver of the right to act in the future.

1G Unless and until such time as Declarant delegates any of its reserved rights to the ACC or Declarant’s rights under this Article expire or terminate. the Association shall have no jurisdiction over architectural matters.

(d) Reviewer. The entity having jurisdiction in a particular case, whether Declarant or its designee or the ACC, shall be referred to as the “Reviewer”.

(e) Fees: Assistance. The Reviewer may establish and charge reasondbl&fees for its reasonable costs incurred in having any application reviewed by architect professionals. The Board may include the compensation of suc annual operating budget.

Section 3.2. Review Requirements.

or its reasonable costs incurred in having any application reviewed by architect professionals. The Board may include the compensation of suc annual operating budget.

Section 3.2. Review Requirements.

No building, wall, pool or other structure (g installed, placed, or substantially altered on any ipr painting (other than substantial alteration of, construction and landscaping which ma, Ja affect the living enjoyment of one (1).oragoreQwnyys or the general value of the Property.

In reviewing each amb foo may consider any factors it deems relevant.

including. without limitation, ha bday of ty oposed exterior design with surrounding structures and environment. Decist@tiSwnz dfon purely aesthetic considerations. Each Owner acknowledges that aes Ketia det s the are purely subjective and that opinions may vary as to the desirabijaty and/6Maftracteneds of particular improvements. The Reviewer shall have the sole disc fion\o take nal, Cspot sive, and binding determinations on matters of aesthetic judgment arta such fe ations are not subject to judicial review so long as they are made in cogéfaith and ty accegdan e ith the required procedures.

Précedure for Approval, WE COMMENCEMENT OF ANY CONSTRUCTION BY ANY PERSON OR ENTIT E BUILDER SHALL OBTAIN FROM THE REVIEWER A BUILDING PERMIT AND SHALL PAY, IN ADVANCE, ANY RELATED INSPECTION FEES AND FEES OWING OR TO BE OWED AS DETERMINED BY THE REVIEWER. THIS REQUIREMENT NOT ONLY APPLIES TO ORIGINAL CONSTRUCTION BUT TO POOL INSTALLATIONS, MODIFICATIONS OR ADDITIONS TO EXISTING STRUCTURES OF IMPROVEMENTS. FAILURE TO OBTAIN SUCH PERMIT OR PAY SUCH FEES PRIOR TO INITIATION OF CONSTRUCTION SHALL BE CAUSE FOR THE REVIEWER OR THE “ 11 ASSOCIATION TO REQUEST AND OBTAIN EMERGENCY TEMPORARY RELIEF TO RESTRAIN ALL ASPECTS OF CONSTRUCTION.

T OR PAY SUCH FEES PRIOR TO INITIATION OF CONSTRUCTION SHALL BE CAUSE FOR THE REVIEWER OR THE “ 11 ASSOCIATION TO REQUEST AND OBTAIN EMERGENCY TEMPORARY RELIEF TO RESTRAIN ALL ASPECTS OF CONSTRUCTION.

In addition to the foregoing requirement, final plans and specifications shall be submitted in duplicate by certified mail, return receipt requested or hand delivery to the Reviewer. The plans and specifications shall show the nature, kind, shape, height, materials and location of all landscaping and improvements, The application shall specify in writing any requested variances from the requirements set forth in this Declaration, the Design Guidelines, Guidelines or any Community-Wide Standard. The Reviewer is authorized reasonably deem necessary to make their determination. At such time » specifications meet the approval of the Reviewer, one complete set of plans apf be retained by the Association, for up to three (3) years only, and shall be marked “Approved”, signed by a representative of the R: Owner or his designated representative. If disapproved by the Revi shall be returned marked “Disapproved” and shall be accompanig unjustified, at the risk of the Lot Owner andf{subjg written response by the Reviewer. *e Hf the Reviewer fails to approve Rap ko such plans and specifications or modification thereto within thi Reaaysis. Tags fter the date of submission of all disapproved. Any Builder whos cansiruchy g tesid ences on multiple Lots shall have the option of submitting a master set of figal 6 and specifications for all of the residences it intends to i fer wi accordance with the provisions of this paragraph.

as betrf apfroved, the Builder shall be allowed to construct

master set of figal 6 and specifications for all of the residences it intends to i fer wi accordance with the provisions of this paragraph.

as betrf apfroved, the Builder shall be allowed to construct approved plans and no further submittals shall be required unless mateyte x ade to such approved plans.

co case, a final decision shall not be required until after the final réquired ge. As part of any approval, the Reviewer may require that construction in adgordayce wi groved plans commence within a specified time period. If construction does nd commas fithin the required period, the approval shall expire and the Owner must reapply fog before commencing any activities. Once commenced, construction must be diligently pursued to completion. All construction work shail be compieted within one (1) year of commencement unless otherwise specified in the notice of approval or the Design Guidelines, or unless the Reviewer, in its discretion, grants an extension in writing. If approved work is not completed within the required time, it shall be in violation of this Article and shall be subject to enforcement action.

12 Also as a part of the review process, the Reviewer may require that the construction of any improvement be inspected on a periodic basis prior to completion for compliance with the plans, codes adopted by the Declarant and other matters relating to the quality or method of construction.

The Association may conduct such inspections or, in the alternative, it may contract with third parties for such purposes. The Owner on whose Lot the construction is taking place shall be responsible for the payment of costs relating to any such inspection.

Section 3.4 Standards.

The Reviewer shall have sole discretion with respect to taste, design and a

uction is taking place shall be responsible for the payment of costs relating to any such inspection.

Section 3.4 Standards.

The Reviewer shall have sole discretion with respect to taste, design and a ees herein. One objective of the Reviewer is to prevent unusual, radj Section 3.5 Requests for Variance.

Upon submission of a written narrative ORI iewer may, from time to time, in its sole discretion, permit Ownerg‘at ¥ ct, erect or install improvements which are in variance from the require e gt which may be contained in the Design Guidelines or the Street Tree Gu 4 any dase, however, such variances shail be in basic conformity and shall blend effectite snepél architectural style and design of the community. No member of the ACGe . gr the Association or Declarant shall be liable to any Owner or other person clafmipe S or on behalf of any Owner, for any claims, fer shall be reviewed separately and apart from other e to any Owner shall not constitute a waiver of the Neither Declarant, the Board of Directors, the Architectural Control Committee, or any of their respective members, officers, employees, designees, contractors, administrators, inspectors and agents, shall have any liability whatsoever for decisions made in accordance with this Article so long as such decisions are made in good faith and are not arbitrary or capricious. The plans or the site plan submitted to the Reviewer shail be the responsibility of the Owner of the Lot to which the improvements relate, and the Reviewer shall have no obligation to check for errors in or 13 omissions from any such plans, or to check for such plans’ compliance with the general provisions of this Declaration, or any codes, ordinances, regulations or other laws, whether statutory or not,

13 omissions from any such plans, or to check for such plans’ compliance with the general provisions of this Declaration, or any codes, ordinances, regulations or other laws, whether statutory or not, and whether the same relate to Lot lines, building lines, easements or any other issue. Review and approval of any plans pursuant to this Article may be based on purely aesthetic considerations.

The Reviewer is not responsible for the structural integrity or soundness of approved construction or modifications, for compliance with building codes and other governmental requirements, or for ensuring that every dwelling is of comparable quality, value, or size, of similar design, or aesthetically pleasing or otherwise acceptable to other Owners.

THE ASSOCIATION HEREBY UNCONDITIONALLY AND PE INDEMNIFIES AND HOLDS DECLARANT, THE BOARD, THE ARGHT DESIGNEES, ADMINISTRATORS, INSPECTORS, CONT, HARMLESS FROM AND AGAINST ANY CLAIMS, LIA COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED IN CONNECTION WITH OR ARISING OUT OF ANY _ A TAKEN HEREUNDER BY THE REVIEWER, IRRESP NOT THE REVIEWER, ITS EMPLOYEES, CONTRAA INDIVIDUALS OR ENTITIES TO OR E fy NEGLIGENTLY OR WITH WILLFUL Mt Bt its successor or assign, ‘shall not be subjé i the sjong of this Article I] and Declarant shall not be required to submit i plans and spees etc. to fhe Architectural Control Committee nor fitectural Control Committee for the matters 1 the consent, permission or approval of the ed given for plans and specifications, plot plans ayant’s assigns, in the construction of any residence on eefarant. DECLARANT ALSO RETAINS SPECIAL PRIVILEGES IN ARTICLE XI THAT TAKE otherwise required pursuant to Architectural Control Committde and the like to be used by® the remainder of this page intentionally left blank] a4 ARTICLE IV

SPECIAL PRIVILEGES IN ARTICLE XI THAT TAKE otherwise required pursuant to Architectural Control Committde and the like to be used by® the remainder of this page intentionally left blank] a4 ARTICLE IV SPECIAL FENCING AND LANDSCAPING section 4.1 Fences. Walls and Screening Landscaping.

Declarant and/or the Association shall have the right, but not the obligation, to erect, install, maintain, repair and/or replace fences, walls and/or screening landscaping within that portion of any Lot situated along the perimeter of the Property or on Lots adja Properties, as shown on a Final Plat. Any such fence, wall or sprinkler system repairs when needed. With TRE to any fencing installed wits thoroughfare, the Association shall have the exclusive right to facing the thoroughfare whenever, in the Board’s sole and absolute dit The Design Guidelines shall contain all construction and matey adjacent to the Common Properties and any thoroughfare.

Section 4.2 Landscaping.

ant and/or landscape and apd landscaping on any portion of The provisions of this Article TV regarding Declarant’s rights shall terminate and be of no further force and effect from and after that date which is fifteen (15) years after the recording of this Declaration. The rights of the Association shall continue throughout the term hereof.

i5 ARTICLE V LOT MAINTENANCE BY OWNERS Section 5.1 Lot Maintenance.

After the installation of the landscaping on a Lot by a builder, the Owner of the Lot shail thereafter maintain the yard in a sanitary and attractive manner, including adequate watering and immediate replacement of dead vegetation and trees, and shall edge the street curgS tits the Lot boundary lines. Yards must be kept mowed and trimmed at regular infervalNgo as to

adequate watering and immediate replacement of dead vegetation and trees, and shall edge the street curgS tits the Lot boundary lines. Yards must be kept mowed and trimmed at regular infervalNgo as to maintain the Lot in a neat and attractive manner maintaining the grass height at four fs (4” to 6”) or less. No vegetables shall be grown in any portion of a Lot yard th is not screened by fencing built in accordance with the terms hereof.

Section 5.2 Maintenance of Improvements. © ain gutters, down other exterior portions faces must be repainted ust receive prior written fences shall be kept neat, clean and in good repair. Any fence or portian the ichis ddwagéd, broken, leaning, or otherwise not in good repair shall be immediately te “ é : and shall regularly repaint all painted surfaces and shall not spouts, exterior walls, windows, doors, walks, dr 3 fire #ich failure (violation). If the Owner shall not have corrected such failure (violation)wyithin ja time allotted after the giving of such notice, the Board of Directors shall have the right but not the obligation, to assess monetary fines and / or enter upon the Lot and to bring the Lot, and any improvements thereon, into fuli compliance with this Declaration, the Design Guidelines or the Street Tree Guidelines (Self Help Actions). The Owner of such Lot hereby grants permission to such Declarant or Association (or its duly authorized agents) to enter upon such Lot and perform those duties which the Owner failed to perform without liability whatsoever to such Owner or any Person for trespass, conversion, or any claim for damages.

All costs and expenses incurred by the Association in connection with correcting any such failure 16 (violation) shall be borne by the Owner. If any Owner does not promptly reimburse the

for damages.

All costs and expenses incurred by the Association in connection with correcting any such failure 16 (violation) shall be borne by the Owner. If any Owner does not promptly reimburse the Association for all such costs, expenses and violation fines assessed after receipt of written request for same, the Board shall have the right to assess the Owner for same plus interest, from time to time and at the discretion of the Board, such assessment, interest and fines being a special individual assessment under the provisions of Section 10.6 below.

Section 6.2 Enforcement.

In addition to but not in lieu of the enforcement rights set forth in Section 6% Directors may impose sanctions for violation of this Declaration (including any rule or standards adopted pursuant to the Declaration) in accordance with the applicgbté aR gard of available at law and/or in equity and all remedies herein, inc following: (a) g Owner has taken every to cure the violation. If 3b rd has the option of assessing the nght’s compliance is solely that of the Owner.

The Board of Directors may ecreational facilities within the Common individual assessment in accordance with Section 10. 6 as a violation fine and/or to cover costs incurred by the Association in bringing a Lot into compliance with this Declaration or the Design Guidelines.

17 (g) Lawsuit: Injunction or Damages. The Board of Directors may bring a suit at law or in equity to enjoin any violation or to recover monetary damages, or both.

Failure by Declarant or the Board of Directors, to enforce any covenant, condition, agreement or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In addition to the Association’s enforcement rights, this Declaration may be enforced

, agreement or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In addition to the Association’s enforcement rights, this Declaration may be enforced by any aggrieved Owner.

The decision to pursue enforcement action in any particular case shall be lef discretion, except that the Board shall not be arbitrary or capricious in taking enforce Without limiting the generality of the foregoing sentence, the Board may dete e circumstances of a particular case: (i) the Association’s position is not stra taking any or further action; (ii) the covenant, restriction, or rule be] construed as, inconsistent with applicable law; (iti) although a tec have occurred, it is not of such a material nature as to be objectionable justify oe the Association’ § resources; or (iv) that it i AMENDM.

Section 7.1 Amendment.

This Declaration may be amended aclarant at any time within ten (10) years from the date this Declaration i filed of recordwift the office of the County Clerk. Within such ten (10) year period, Decfardnt miy amend the Declaration for any reason without the consent or joinder of any pa hy ohwithont oh e need to call a meeting of the Association. In addition to the foregoing The way be amended by an instrument containing such Public Records of the County, provided, that (i) during Housing Admnthctration), FHLMC or FNMA or any other applicable governmental agency or secondary mortgage market entity; or (iii) as necessary for clarification or to correct technical, typographical or scrivener’s errors; provided, however, any amendment pursuant to clause (1i) and/or (iii) immediately above must not have a material adverse effect upon any right of any

ct technical, typographical or scrivener’s errors; provided, however, any amendment pursuant to clause (1i) and/or (iii) immediately above must not have a material adverse effect upon any right of any Owner. Any amendment to this Declaration must be recorded in the Real Property Records of the County.

i8 No amendment may remove, revoke, or modify any right or privilege of Declarant or the Class B Member without the written consent of Declarant or the Class B Member, respectively (or the assignee of such right or privilege). If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that the Owner has the authority to consent, and no contrary provision in any mortgage or contract between the Owner and a third party will affect the validity of such amendment.

Section 7.2 Termination.

At any time, the Owners may terminate and extinguish this Declaration in ite executing an instrument terminating this Declaration and recording same in th Records of the County, provided, however, that (i) for the period in which Dg one Lot, no such termination shall be valid or effective with Declarant and (i) such termination and extinguishment shall suhet, vote or written consent of the Association’s Members representing atdg Association.

Section 8.1 Membership.

Every Owner of a Lot shall autofgas shall be appurtenant to each Lot angler subject to assessment hereunder.

. The Class B Member(s) shall be Declarant. Until such time as 99% of the maximum number of Lots planned or approved for the Property has been conveyed to Class A Members other than Builders who purchase Lots for development and sale, the Class B Member shall have ten (10) votes for each Lot owned by such Declarant. Class B Membership shall not

veyed to Class A Members other than Builders who purchase Lots for development and sale, the Class B Member shall have ten (10) votes for each Lot owned by such Declarant. Class B Membership shall not expire so long as Declarant owns at least one (1) Lot. After such time, the Class B Member shall be a Class A Member entitled to one (1) vote for each Lot it owns.

13 Section 8.3 Quorum and Notice Requirements.

8.3.1. Except as expressly provided herein to the contrary, any action of the Members shall require the assent of a majority of the votes of those Association Members who are present at a meeting, in person or by proxy, written notice of which shall be given to ali Members not less than ten (10) days nor more than forty-five (45) days in advance of such meeting.

entitled to cast at least twenty (20%) of all of the votes without regard to class, shall constitute a quorum. Ifthe r the initial meeting, additional meetings may be called, subje hereinabove set forth, and the required quorum at such may call as many subsequent meetings as m ave ‘w4uorum (although the quorum requirement shail be reduced fet eg gett o event shall a quorum be less than one-tenth (1/10) of the y6te Ne ie At such adjourned or subsequent meeting at which a quo epréSented, any business may ’ Seting as originally notified.

Association, during ngrmed newts and at the place where such books are kept, upon reasonable prior ick ye Association stating a proper purpose in accerdance with Section 260 ac TAY newty Code, as amended.

ithe remainder of this page intentionally left blank] 20 ARTICLE IX THE COMMON PROPERTIES Section 9.1 Initial Common Properties.

The Common Properties may include but are not limited to, and by way of illustration only,

his page intentionally left blank] 20 ARTICLE IX THE COMMON PROPERTIES Section 9.1 Initial Common Properties.

The Common Properties may include but are not limited to, and by way of illustration only, all aspects of the entry features, entry monuments and walls, landscaping, irrigation for same and Common Properties and under no circumstance shall such list impose a Declarant or the Association to purchase, install or construct any Common Properties may hereafter include any neighborhood park conveyed to or leased by the Association for the use and benefit of Section 9.2 Additional Common Properties.

additional property may be added to the Co ape adler upon the affirmative vote ASS e who are voting, in person or by property interests in a 7 described in Exhibit A erproperty made subject to this Declaration in the future.

> e s Association shall transfer back to Declarant any unimproved yf the Association for no payment, to the extent conveyed by Declarant to make minor adjustments in property lines.

9.4.1 The right of the Association to prescribe regulations governing the use, operation and maintenance of the Common Properties; 9.4.2 The right of the Association to take such steps as are reasonably necessary to protect the Common Properties against foreclosure; eek 9.4.3 The right of the Association to suspend the right of any individual to use any of the Common Properties and/or common facilities for any period during which any assessment against a Lot resided upon or owned by such individual remains unpaid, and for any period not to exceed sixty (60) days for an infraction of the rules and regulations of the Association, the Declaration, the Design Guidelines, or the Street Tree Guidelines; and

s unpaid, and for any period not to exceed sixty (60) days for an infraction of the rules and regulations of the Association, the Declaration, the Design Guidelines, or the Street Tree Guidelines; and 9.4.4 The right of the Association to charge reasonable admission and other fees for the use of recreational facilities on the Common Properties, if any s facilities are ever constructed.

Section 9.5 Dedication of the Common Properties.

The Board of Directors shall have the right at any time t icatd part of the Common Properties to any public agency, authority } upon such conditions as the Board of Directors may determine.

ARTICLE X COVENANT FOR such deed or other conveyance, shall oe to a mortgage company or other sates of the individual Owner, his tenant(s) occupying his family, agents, guests and invitees, or for costs incurred by ner anne to comply with the terms and provisions hereof.

and shail be a continuing lien upon each Lot against which each such ¢ Each such assessment, together with late charges, collection costs, such interest thereon, if applicable and cost of collection thereof, including attorneys’ fees, as hereinafter provided, shall also be the continuing personal obligation of the person who was the Owner of such property at the time when the assessment fell due.

Fines, not to exceed $500.00 per violation occurrence, shall be assessed upon the expiration of a minimum of one (1) notice which shail provide a minimum of ten (10) days for Owner to cure said violation. In all instances of violations, the Owner shall be responsible for 22 correcting such violation which guidelines are set forth in this section as Section 6.1 and Section 6.2(a). These guidelines shali apply regardless as to whether the residence is occupied by the

or 22 correcting such violation which guidelines are set forth in this section as Section 6.1 and Section 6.2(a). These guidelines shali apply regardless as to whether the residence is occupied by the Owner or atenant. The lien provided for herein shall secure payment of fines not timely paid and the Owner shall also have personal liability for the payment of same.

Section 10.2 Purpose of Assessments.

The assessments levied by the Association shall be used as follows: (a) for acpose of promoting the interests of the Association and the recreation, health and welfare of these the Property, and in particular for the improvement and maintenance of the en additions thereto; (b) for paying the cost of labor, equipment (including equipment) and materials required for, and management and Article XI hereafter including, but not limited to, f theNésSsociation of all assessments and charges payable in connection wi ace pickup services and gities; (d) for paying the efty, if any, in the event the e; or (e) for carrying out the thereof during the term of this Declaration, the P expenses to be incurred by the Association for the sllectively, the “Common Expenses”). Based upon assess each Lot an annual fee (the “Maintenance each Owner in advance as follows: Annually on the first day the annual Maintenance Assessment shall be Six Hundred Fifty and No/100 ($650.00) per Lot, per year.

10.3.2 the Board may increase the Maintenance Assessment annually to meet the anticipated needs of the appropriate budget without a majority vote, but the Maintenance Assessment may not be increased in any year by an amount in excess of thirty percent (30%) above the previous year’s Maintenance Assessment, unless such increase is approved by a majority vote

tenance Assessment may not be increased in any year by an amount in excess of thirty percent (30%) above the previous year’s Maintenance Assessment, unless such increase is approved by a majority vote of those members of the Association, both A & B classes, present at a meeting, in person or by 23 proxy, where a Special Querum exists. Notwithstanding the foregoing, in the event that the Board determines that due to unusual circumstances the maximum annual Maintenance Assessment even as increased by thirty percent (30%) will be insufficient to enable the Association to pay the Common Expenses, then in such event, the Board shall have the right to increase the maximum annual Maintenance Assessment by the amount necessary to provide sufficient funds to cover the Common Expenses without the approval of the Members as provided herein; provided, however, the Board shall only be allowed to make one (1) such increase per calendar year without obtaining approval of a Special Quorum of the Members as set forth in Section 8.3.1 and $ Section 10.4 Acquisition Assessments.

Upon sale of record title to a Lot by any Owner other th a contribution of Three Hundred Fifty and No/100 Dollars ($ behalf of such Owner to the “Acquisition Assessments” (sometimé Assessment levied on the Lot and shall not be considered a thereof. This amount shall be available for all necessary % determined by the Board. Such amount shall be the increase is restricted to 25% over the previpdas xceed the greater of (1) Five Hundred and No/100 Dollars a home being conveyed and are not refundable and may not be against regular or special assessments, and are in addition to ssessments Fund in Section 10.4 above. This Section does not party to levy such fees.

eing conveyed and are not refundable and may not be against regular or special assessments, and are in addition to ssessments Fund in Section 10.4 above. This Section does not party to levy such fees.

make capitalifprovements to the Common Area and/or Common Amenities, to satisfy its indemnity obligations under the Association Documents, to defray, in whole or in part, the costs of any construction, reconstruction, maintenance, unexpected repair or replacement of a capital improvement or to common property, including the necessary fixtures and personal property related thereto or for other similar purposes. Any Special Purpose Assessment proposed by the Association must be approved by a majority vote of those members of the Association, both A and B classes, present at a meeting, in person or by proxy according to the quorum requirements as set forth in Section 8.3.1 and Section 8.3.2. Notice must be at least ten (10) days and not more than 24 sixty (60) days prior to any meeting of the Association called to consider any Special Purpose Assessment. Upon a majority vote in favor of a Special Purpose Assessment, the Board or its managing agent shall notify each Owner thereof by written notice specifying the total amount of the Special Purpose Assessment required, the amount thereof imposed on each Lot (which shall be uniform), the purpose for such Special Purpose Assessment, and the time and method of payment thereof. The time for paying any Special Purpose Assessment (which may be in installments at the Board’s discretion) shall be as specified in the approved proposal.

Section 10.6 Special Individual Assessments, Interest and Fines.

the Association incurs any cost or expense in either enforci such Owner or in carrying out the obligations of any such Owner, the

osal.

Section 10.6 Special Individual Assessments, Interest and Fines.

the Association incurs any cost or expense in either enforci such Owner or in carrying out the obligations of any such Owner, the the right to assess against such Owner and the Lot of such OG Assessment in the amount of all such costs incurred by the A in the amount of any violation fine(s) levied by the Board Association.

Section 10.7 Uniform Rate of Asses Both annua! and special assess shall be fixed at a uniform rate for all Le Section 10.8 Declarant.

Declarant may, but shall have né event the Declarant decid of the Association wifiches Nimpestto the failure of the Association to collect delinquent bated by the Declarant, in its sole discretion, as a loan from the {remainder of this page intentionally left blank] 25 Section 10.9 Duties of the Board of Directors with Respect to Assessments.

10.9.1 The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period and shall, at that time, prepare a roster of the Lots and assessments applicable thereto, which shall be kept in the office of the Association and shall be open to inspection by any Owner.

An Owner’s duty and obligation to pay assessments shall not be contingent ppon delive of a statement, coupon book or any other type of written notifcation by the“AsSgciation.

10.9.2 Only if such assessment is an amount different from that chats wr the previous year, written notice of the assessment shall thereupon be deliyefedNer hailed 0 every Owner subject thereto (according the Association’s then curre 2 10.9.3. The Board of Directors shall, upon semaXe Owner liable for said assessments a certificate in writing sigrie

edNer hailed 0 every Owner subject thereto (according the Association’s then curre 2 10.9.3. The Board of Directors shall, upon semaXe Owner liable for said assessments a certificate in writing sigrie the Association, setting forth whether said assessment ha shall be conclusive evidence of payment of any asseg paid. A reasonable charge may be ow Bh O any agent of suel certificate ted to have been agent for the issuance of such certificates, a separate and valid and subsisting gxist upon and against each Lot and all Association. Notwithstanding any other sSessments or any other sums due hereunder assessment lien, hereby created and fixedyg improvements and fixtures thereon, provision hereof, the lien to secupt and any other lien which the AS fough court proceedings in which the Association has the liens securing maintenance charges or assessments or any Lot from the liens securing assessments thereafter becoming due javility of any Member personally obligated to pay maintenance If any assessment is not paid within thirty (30) days from the due date thereof, the same shall bear interest at any time and from time to time at the sole discretion of the Board, from the due date until paid at the highest nonusurious rate allowed under the laws of the State of Texas, or other applicable law, or if no such limitation imposed then at the rate of fifteen percent (15%) per annum, which may, at the discretion of the Board at any time and from time to time be imposed.

If placed in the hands of an attorney for collection or if collected through probate or other judicial 26 proceedings, there shall be reimbursed to the Association its reasonable attorneys’ fees. Should any assessment provided for herein be payable in installments, the Association may accelerate the

al 26 proceedings, there shall be reimbursed to the Association its reasonable attorneys’ fees. Should any assessment provided for herein be payable in installments, the Association may accelerate the entire assessment and demand immediate payment thereof. In addition, a late charge shall be assessed against the non-paying Owner for each month that any assessment remains unpaid. The late charge shall be in the amount of Twenty-Five and No/100 Dollars ($25.00) per month and shall serve to reimburse the Association for administrative expenses and time involved in collecting and processing delinquent assessments. The Association’s managing ggent shall be entitled to charge an Owner a monthly collection fee to compensate managing ageft fq its efforts in collecting delinquent assessments. The collection fee shall be in the amount g No/100 Dollars ($15.06) per month and shall serve to reimburse the managing agent. ‘ in collecting delinquent assessments. The Association, in the Board’s discretje right to waive any part of or all of such interest and/or fees owed to the Asg6 charge in the amount of Twenty-five and No/100 Dollars ($2 shal check that is returned because of insufficient funds or for any other rgqsonAl Ke Amouy charges and service charges may be adjusted, from time to time. by tl Bod obnstseénAwith an changes in the administrative costs to collect unpaid Assessments Othe WSsaciafion’s bank charges. All late charges. collection fees, service charges and Miorpey®’ feds ask sed or incurred due to late payment of Assessments shail be charged to an (— Sésksstneht account which shall be part of the delinquent Assessment and sha f b>payal le ad sectedlin the same manner as herein provided with regard to Assessments. a Section 10.12 Collection and Epforse

sstneht account which shall be part of the delinquent Assessment and sha f b>payal le ad sectedlin the same manner as herein provided with regard to Assessments. a Section 10.12 Collection and Epforse The Association shall have a Ii together with interest thereon as prov collection fees and costs incurred in jhe‘ Board of Directors shall take sugh a ame and the enforcement of said lien. The § necessary to collect assessments and may judgment. Such liens shall be d the priorities establishedA to pay an 4 close Moien against such Owner’s Lot, or both, and interest, costs and reasonable aNiorne any such action shall be added to the amount of such assessment Ea of a deed to a Lot, hereby expressly vests in the Board of Directors persdqail pilegtion of such assessments as a debt and to enforce the aforesaid lien by all method the enforcement of such liens, including, but not limited to, nonjudicial foreclosuréspursuapt to Texas Property Code Section 51.002 in force and effect on the date of this Declaration, or in accordance with the prescribed manner for foreclosure of deed of trust liens provided by any future amendment to such Section 51.002 or any other statute or article enacted in substitution therefor, and such Owner hereby expressly grants to the Board of Directors a private power of sale in connection with said lien. The Board is hereby appointed trustee, unless and until the Board of Directors shall designate a substitute or successor trustee, as hereinafter provided, to post the required notices as provided by law and conduct such foreclosure sale. The lien provided for in this Section shall be in favor of the Association and shall have the same effect a?

rovided, to post the required notices as provided by law and conduct such foreclosure sale. The lien provided for in this Section shall be in favor of the Association and shall have the same effect a?

as though each Owner had expressly granted to the Association a deed of trust lien as well as a security interest in said Lot to secure the payment of the assessments provided for herein. In addition to such notices as required by the aforesaid statute, the trustee shall mail to the Owner ofa Lot for which the assessment has not been paid, a copy of the notice of assessment lien prior to the date any notice of sale is posted, by certified, return receipt requested, at the Lot or such other address as the Board has been advised in writing for receipt of notices under this Declaration.

At any foreclosure, judicial or nonjudicial, the Association shail be entitled bid up to the Owner. From and after any such foreclosure, the former Owner or O assigns, shall forthwith upon the making of such sale surrender, property so sold to the purchaser at such sale, and in the eve possession of said property upon demand, the purchaser, or his heirs o institute and maintain an action for forcible detainer of said prop extend to the appointment of other succespor \g ute ees successively until the E Dy botil said property is sold, and each agd powers of the original trustee appointed by the Board of Directors or i Section 10.13 Homestead.

By acceptance of a deed fhefeto, th& Owner and spouse thereof, if married at the time of the conveyance or subsequently ma hall be deemed to have waived any exemption from liens created by this Deg i ehomestead exemption provisions of Texas law, if for any ction is not intended to limit or restrict in any way the Hen or

a hall be deemed to have waived any exemption from liens created by this Deg i ehomestead exemption provisions of Texas law, if for any ction is not intended to limit or restrict in any way the Hen or is Declaration, but construed in its favor.

deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay the assessments, or any installment thereof for that or any subsequent assessment period, but the assessment fixed for the preceding assessment period shall continue until a new assessment is fixed or levied by the Board.

28 Section 10.15 Maintenance Fund: Working Capital Fund.

10.15.1 The Association may, but is not obligated to, establish and maintain a maintenance fund for the periodic maintenance of the Common Properties. Subject to the provisions of Section 10.3 above, the Board may at any time ratably increase or decrease the amounts of regular annual assessments in accordance with this Declaration to such level as shall be reasonably necessary in the judgment of the Board to cover obligations of the Association under this Declaration, including provisions for reasonabjé long as the Board exercises business judgment in determining the amount the reserve fund, the amount held in reserves shall be considered adequate.

10.15.2 The Association may, but is not obligated to, establjfn a fund for the initial operation of the Common Properties in amofintkas determine.

Section 10.16 Exempt Property.

The following property subject to this Declagation sh exe the assessments, 10.16.1 All properties dedica arith, 2 ed ocal public authority and devoted to public use; and 10.16.2 All Common Prop Section 10.17 Declarant Substes

assessments, 10.16.1 All properties dedica arith, 2 ed ocal public authority and devoted to public use; and 10.16.2 All Common Prop Section 10.17 Declarant Substes ae igated to, pay a subsidy to the Association (in U gang under Section 10.18 below) in order to reduce Any such sythsidy shall bd as a line item in the income portion of the budget. The subsidy rfay botre’ s pefarant, in its sole discretion, as a loan from the Declarant 29 ARTICLE XI GENERAL POWERS OF THE BOARD OF DIRECTORS OF THE ASSOCIATION Section 11.1 Power and Duties.

Except as provided in Article XII below, the Board, for the benefit of the Agsociation, the Property and the Owners shall have the right to do all things which are necessa advisable in not be limited to, the following: 11.1.1 Paying assessments and charges for eke ve services for the Properties, if any, the installation and mafK lighting for the Property, if any, and taxes, assessmentg.a without limitation, the following: (a) jogging paths, walkways and sidewa eofedfrounds, including care of xs) tems (if installed) and similar facilities on the Common Prope ang any screening walls or fences cons e the perimeter of the Property; provided, further, that in the event that tig teed Ter maigtevfance or repair is caused through the willful or negligent act of ap fanily, his guests or invitees, the cost of such maintenance or repairs shg (o ald become a part of the assessment to which such Lot is subject.

: Properties; the furnishing and upkeep of any desired he Common Properties.

of one person, $500, 000.00 against the claims of two or more persons in : yence, and property damage insurance in an amount not less than $50,000.00

ng and upkeep of any desired he Common Properties.

of one person, $500, 000.00 against the claims of two or more persons in : yence, and property damage insurance in an amount not less than $50,000.00 peMgccurrprice; which policy or policies shall contain an endorsement providing that the rights of the named insured shall not be prejudiced with respect to actions against other named insureds; provided, that under no circumstances shail the Board be authorized to provide or pay for fire, casualty, or other insurance insuring the interest of any Owner in his Lot.

11.1.5 Executing all replats of the Property and all declarations of ownership for tax assessment purposes with regard to the Common Properties on behalf of all Owners.

30 11.1.6 Borrowing funds to pay costs of operation, secured by assignment or pledge of rights against delinquent Owners, if the Board sees fit.

11.1.7 Entering into all contracts, maintaining one or more bank accounts, and generally exercising all the powers necessary or incidental to the operation and management of the Association, expressly including the power to enter into management and maintenance contracts.

11.1.8 Protecting or defending the Common Properties from loss o suit or otherwise, and to provide adequate reserves for replacements.

11.1.9 Making reasonable rules and regulations fi Properties and amend them from time to time, provided th amended or repealed by the vote of at least sixty percent (60° in person or by proxy, at a meeting called for such purpos¢e,Gyj of the foregoing language, the rules and regulations m the Common Properties during certain Seon yor Sieg east : ore ations on use of The Board may institute, defend, settle, or intervene on the Association’s behalf in

anguage, the rules and regulations m the Common Properties during certain Seon yor Sieg east : ore ations on use of The Board may institute, defend, settle, or intervene on the Association’s behalf in mediation, binding or non-binding arbitration, litigation, or administrative proceedings in matters pertaining to the Common Properties, enforcement of this Declaration, or any other civil claim or action. However, the Board shall exercise business judgment in determining whether to take any such action under particular circumstance and shall have no legal duty to institute litigation under any circumstances on behalf of or in the name of the Association or the Members.

31 Section 11.2 Board Power, Exclusive.

The Board shall have the exclusive right to contract for all goods, services and insurance, payment for which is to be made from the maintenance fund, and the exclusive right and obligation to perform the functions of the Board, except as otherwise provided herein.

Section 11.3 Owner’s Obligations to Repair.

Except for those portions of each Lot constituting the Common Properties, &@ shall at his sole cost and expense, maintain and repair his Lot and the imprpvéTte thereon, keeping the same in good condition and repair. In the event that any maintain and repair his Lot and such improvements as required addition to all other remedies available to it hereunder or by law, and, and the failure of agrees to repay to the Association the cost there as the failure to pay any erected thereon; and each Owner (by acceptance é a € assessments hereunder when due.

Section 11.4 Maintenance Con eeding (including settlement of any suit or proceeding if approved by the e time of such settlement) to which he or she may be a party by reason of officer, director, or committee member.

ntenance Con eeding (including settlement of any suit or proceeding if approved by the e time of such settlement) to which he or she may be a party by reason of officer, director, or committee member.

RS, DIRECTORS, AND COMMITTEE MEMBERS SHALL NOT BE LIABLE FOR ANY MISTAKE OF JUDGMENT, NEGLIGENCE OR OTHERWISE, EXCEPT FOR THEIR OWN INDIVIDUAL WILLFUL MISFEASANCE, MALFEASANCE, MISCONDUCT, OR BAD FAITH. The Association’s officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association. The Association shall indemnify and forever hold each such officer, director, and committee member harmless 32 from any and all liability to others on account of any such contract, commitment, or action.

This right to indemnification shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled. The Association shall, as an Association expense, maintain adequate general liability and officers’ and directors’ liability insurance to fund this obligation, if such insurance is reasonably available.

Section 11.6 Notice and Hearing Procedures Prior to the Initiation of Certain Types of Actions by the Association.

Except as set forth in paragraph (c) below, prior to filing suit to enforce the P Q this Declaration, the Design Guidelines, the Street Tree Guidelines, any Standard or rules promulgated hereunder, the Association shali comply Avi hearing procedures set forth in subsections (a) and (b) below.

(a) Notice. The Association shall serve the alleged vi ith ast one (1) written notice describing (i) the nature of the alleged violation ‘Lan ndar days within the date of the written notice, and (iii) a period of pot less 3

tion shall serve the alleged vi ith ast one (1) written notice describing (i) the nature of the alleged violation ‘Lan ndar days within the date of the written notice, and (iii) a period of pot less 3 Ko As set forth in Section which the alleged violation may present a writte 6.1, the Association shall be required to send q requesting that alleged violator cure said. ee ‘has been sent and Owner fails to cure alleged violation, the Assogt mth fines and/or self help actions.

Owner shall have thirty (30) days in If the violation is abated within the time period Ayre ¢ written notice, the Association shall suspend the proposed action unless a si flax violation becyt $ within six (6) months from the date of the written notice. Such suspengerrshall 1 stitute a waiver of the right to sanction future as ancdkrule any Owner. Ifa written request for hearing & forth in section (b) below.

described in its original notice of the violation. The alleged violator shall have the opportunity to appeal the decision to the Board in accordance with Section 209.007 of the Texas Residential Property Owners Act, Texas Property Code, as it may be amended. A hearing before the Board shall be set to take place no later than thirty (30) days from the written request for appeal. The decision of the Board shall be final. A hearing may be rescheduled by written request of the Owner or the Board.

33 (c) Applicability. The notice and hearing procedures set forth in this Section shall not apply to any claim: (4) upon which the Board deems it necessary to obtain emergency injunctive relief; (ii) pertaining to the collection of assessments; or (iii) where the Association decides to exercise its right of self-help to cure the violation after written notice to the Owner and an opportunity to cure.

rtaining to the collection of assessments; or (iii) where the Association decides to exercise its right of self-help to cure the violation after written notice to the Owner and an opportunity to cure.

ARTICLE XII AUTHORITY AND CONTROL BY DECLARANT Section 12.1 Declarant Rights.

Lot, Declarant shall have the sole right, but not the obligation, in effective as of the date hereof, to control, perform and/or conduct (1) — Set limitations on the power and duties of the Bog (2) amend the Street Tree Guidelines, thgsDesign ¢ Standard, in whole or in part; (3) (4) 6) exist on any portion of the Property, including Lots, and a nonexclusive easement of access throughout the Property to the extent reasonably necessary to exercise such right. Except in an emergency, entry onto a Lot shall be only after reasonable notice to the Owner and no entry into a dwelling or other structure on a Lot shail be permitted without the Owner’s consent, which consent shall not unreasonably be withheld, conditioned, or delayed. The failure or refusal to permit reasonable access to the Lot for the purposes contemplated under this paragraph shall excuse 34 Declarant or its designee from responsibility for repairs or damages relating to defective workmanship or materials.

Section 12.3 Right to Develop.

Declarant and its employees, agents, and designees shall have a right of access and use and an easement over and upon all of the Property for the purpose of making, congtructing, and installing such improvements to the Property, as Declarant deems appropriate in j Section 12.4 Construction Activities.

Declarant, and/or its agents, contractors, subcontra designees, shall conduct development and construction ac and that such activities shall be conducted in phases and ma

12.4 Construction Activities.

Declarant, and/or its agents, contractors, subcontra designees, shall conduct development and construction ac and that such activities shall be conducted in phases and ma disruption which impact the use and enjoyment of a Lot By the acceptance of a deed or othe license, or other interest, and by using anypor'tia 5 a trespass or otherwise) any property activities are being conducted (even if f entry, such as at night or otherwise during arant and all of its agents, contractors, 39 Section 12.5 Changes in Master Plan.

Each Owner acknowledges that Erwin Farms is a planned community, the development of which is likely to extend over many years, and agrees that the Association shall not engage in, or use Association funds to support any protest, challenge, or other form of objection to (a) changes in uses or density of property within the Property, or (b) changes in the master plan of Erwin Farms, including, without limitation, the enlargement of the master plan and the acquisition or revision of regulatory approvals to reflect the annexation of real property, withéut"Qeclarant’s prior written consent, which consent may be granted or withheld in Declarant’s distxetic development may change and that it has not relied on any representation, wa any person: (a) that any Lots, or other property or facilities will or not Ye eliminated within the Property; or (b) as to the financial or oth ote Owner. Each Owner acknowledges and agrees that it is not entitle i i @ to: (a) the design, construction, completion, development, use, benefits or valys ac Praperty; or (b) the (a) Right to Correct. Prio A jationNorAny Member commencing any proceeding to which Declarant is a p i improvement, Declarant shall have th&gjaht t gar@ by the Members, or the particular

y; or (b) the (a) Right to Correct. Prio A jationNorAny Member commencing any proceeding to which Declarant is a p i improvement, Declarant shall have th&gjaht t gar@ by the Members, or the particular Member, and to access, inspect, gerre the Property including the Common Properties or based upon any statements, representations, promises, or warranties made by or on behalf of any Bound Party, shall be subject to the provisions of this Section 12.6.

36 (d) Mandatory Procedures.

(a) Notice. Any Bound Party having a Claim (“Claimant”) against any other Bound Party (“Respondent”) (the Claimant and Respondent referred to herein being individually, as a “Party”, or, collectively, as the “Parties’”} shall notify each Respondent in writing (the “Notice”), stating plainly and concisely: (a) the nature of the Claim, including the persong Respondent’s role in the Claim; olved and (b) the legal basis of the Claim (i.e., the specific authet the Ciaim arises; I the proposed remedy; and oe; (d} ‘the fact that Claimant will meet withRe faith ways to resolve the Claim.

Gil) seTiort to meet in person and by oe faith negotiation. Tf (d) Any settlement of the Claim through mediation shall be documented in writing by the mediator and signed by the Parties. Ifthe Parties do not settle the Claim within thirty (30) days after submission of the matter to the mediation, or within such other time as determined by the mediator or agreed to by the Parties, the mediator shall issue a notice of termination of the mediation proceedings (“Termination of Mediation”). The Termination of Mediation Notice shall set forth that the Parties are at an impasse and the date that mediation was terminated.

37 Each Party shall bear its own costs of the mediation, including attorneys’ fees, and each

ation Notice shall set forth that the Parties are at an impasse and the date that mediation was terminated.

37 Each Party shall bear its own costs of the mediation, including attorneys’ fees, and each Party shall share equally all charges rendered by the mediator. If the Parties agree to a resolution of any Claim through negotiations or mediation in accordance with this Section and any Party thereafter fails to abide by the terms of such agreement, then any other Party may file suit or initiate arbitration proceedings to enforce such agreement, without the need to again comply with the procedures set forth in this Section. In such event, the Party taking action tg enforce the non-complying Party, from all such Parties pro rata) all costs incurred in é agreement, including, without limitation, attorneys’ fees and court costs.

Gii) Binding Arbitration. oe; (a) Upon Termination of Mediation, Clk entitled to initial final, binding arbitration of the (lai Arbitration Rules, as appropriate.

court of law. Any judgment upof claimed amount exceeds $25 disp hallbeheard and determined by three (3) arbitrators. er ypiog < agreed to by the Parties, there shall be one (1) arbitra e § Party shall be awarded reasonable attorneys’ fees ending such contest. All decisions respecting the gWard of the arbitrator(s) shall be accompanied by detailed ss of fact and conclusions of law. Except as may be required by law gtion of an award, neither a Party nor an arbitrator may disclose the 38 ARTICLE XUI OBLIGATIONS OF BOARD OF DIRECTORS Section 13.1 Obligations of Board of Directors.

Notwithstanding anything herein to the contrary, and so long as Declarant is acting on behalf of the Board of Directors as further described in Section 13.2 below, the sole yesponsibility

f Directors.

Notwithstanding anything herein to the contrary, and so long as Declarant is acting on behalf of the Board of Directors as further described in Section 13.2 below, the sole yesponsibility and obligation of the Board of Directors shall be to maintain the corporati¢n Dagks of the Association and maintain the Association in good corporate standing with Secteftarpef State Section 13.2 Liability for Association Operations. 5.

The Association shall, to the fullest extent permitted by law, i and hold harmless Declarant (including its successors, and assigns) fronan fi all losses, juding, without j efher or not suit is instituted, including those incurred in establishin; iffed, defended, and held harmless pursuant hereto), which relate to or ag including, without limitation, improvement, ance, 2 pexatfon of amenities and other portions of the Common Properties and n ole Section 13.3 No Liability for A& ' OWNERS AND OCCUPANTS.O %s, AND THEIR RESPECTIVE GUESTS FOR THEIR PROPERTY WSTHIN THE BROPERTY. THE ASSOCIATION MAY BUT IS NOT OBLIGATED TO M& XCAIN) OR SUPPORT CERTAIN ACTIVITIES WITHIN F OR ENHANCE SAFETY OR SECURITY WITHIN THE PROF WEVER, THE ASSOCIATION, AND DECLARANT SHALL AY BK CONSIDERED INSURERS OR GUARANTORS OF SAFET WiN THE PROPERTY, NOR SHALL THEY BE HELD LIABLE OR DAMAGE BY REASON OF FAILURE TO PROVIDE OR INEFFECTIVENESS OF SECURITY MEASURES ENTATION OR WARRANTY IS MADE THAT ANY SYSTEMS OR ELUDING FIRE PROTECTION, BURGLAR ALARM, OR OTHER SECURITY MONITORING SYSTEMS, OR ANY MECHANISM OR SYSTEM FOR LIMITING ACCESS TO THE PROPERTY, CANNOT BE COMPROMISED OR CIRCUMVENTED, NOR THAT ANY SUCH SYSTEMS OR MEASURES UNDERTAKEN WILL IN ALL CASES PREVENT LOSS OR PROVIDE THE

S, OR ANY MECHANISM OR SYSTEM FOR LIMITING ACCESS TO THE PROPERTY, CANNOT BE COMPROMISED OR CIRCUMVENTED, NOR THAT ANY SUCH SYSTEMS OR MEASURES UNDERTAKEN WILL IN ALL CASES PREVENT LOSS OR PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER ACKNOWLEDGES, UNDERSTANDS, AND SHALL BE RESPONSIBLE FOR INFORMING ITS TENANTS AND ALL OCCUPANTS OF ITS 393 LOT THAT THE ASSOCIATION, THE BOARD AND ITS COMMITTEES, AND DECLARANT ARE NOT INSURERS OR GUARANTORS OF SECURITY OR SAFETY AND THAT EACH PERSON WITHIN THE PROPERTY ASSUMES ALL RISKS OF PERSONAL INJURY AND LOSS OR DAMAGE TO PROPERTY, INCLUDING LOTS AND THE CONTENTS OF LOTS, RESULTING FROM ACTS OF THIRD PARTIES.

ARTICLE XIV EXPANSION OF THE PROPERTY Section 14.1 Expansion of the Property.

Declarant, in its sole discretion and without the approval of any other g to time subject this Declaration to additional real property by Records of the County, a Supplemental Declaration describing th j subjected to this Declaration. Any such Supplemental Declaratio 6nal real property o require Declarant to or other person in order to be fully enforceable and to be incorporated herein. Nothing i in this Dechy Declarant, in its sole discretion a bxoval of any other party, may from time to time subject any portion of the Proper’ additional covenants and easementsrt Association to maintain and ins costs through the assessments, ¢ Declaration or in a sepayé to this Declaration. A otherwise rpedify # mental Declaration may supplement, create exceptions to, or sDeclaration as it applies to the Property, whether now or A Supplemental Declaration shall be effective upon the recording of same in the Real Property Records of the County unless otherwise specified in such Supplemental Declaration. On

erty, whether now or A Supplemental Declaration shall be effective upon the recording of same in the Real Property Records of the County unless otherwise specified in such Supplemental Declaration. On the effective date of the Supplemental Declaration, any additional property subjected to this Declaration shall be assigned voting rights in the Association and assessment liability in accordance with the provisions of this Declaration.

40 ARTICLE XV GENERAL PROVISIONS Section 15.1 Mortgages.

It is expressly provided that the breach of any of the conditions contained herein shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, as to the same premises or any part thereof encumbered by such mortgage or deed é t, but said conditions shall be binding thereto as to Lots acquired by foreclosure, trustee’s salt 1 as to any breach occurring after such acquisition of title.

Section 15.2 Term.

This Deciaration shall be enforceable by Declarant, the ker t and their respective legal representatives, heirs, successors, and assigh after which time this Declaration shall extend automatically for s at least sixty-seven percent (67%) of the then Owners have preceding the end of the initial term or any extggsion, Declaration and such instrument is recorded in uk Bea the end of the term.

Section 15.3. Severability.

If any provision herein contained competent jurisdiction, such invalidity 8 affett any other provision hereof, each of which shall remain in full force ancLeffee fnefit of, and shall be binding upon, each and every pert’, it being understood that the covenants, conditions, Mavisions contained in this Declaration are not for the benefit of

full force ancLeffee fnefit of, and shall be binding upon, each and every pert’, it being understood that the covenants, conditions, Mavisions contained in this Declaration are not for the benefit of Any notices or correspondence to an Owner shall be addressed to the street address of the Lot and deemed to have been delivered unless and until such time as the Owner contacts the Association by written notice of a change in address and/or contact information, The burden is upon the Owner to provide up to date information to the Association. Any notices or correspondence to the Association shall be done so in writing at the address of the registered office 41 of the Association as shown by the records of the Secretary of State for the State of Texas or to such other address as is specified by the Association in writing to the Owners.

Except as this Declaration or the Bylaws otherwise provide, all notices, demands, bills, statements, or other communications under this Declaration or the Bylaws shall be in writing and shall be deemed to have been duly given if delivered personally or by private carrier; if sent by United States mail; or, if the intended recipient has given its prior written authorization to use such method of delivery, by facsimile or electronic mail with written confirmation of ission.

Notices sent in accordance with this Declaration shall be deemed to have bee and effective: (i) sent by United States mail, when deposited with ys Pq addressed, with first class postage prepaid; (ii) if delivered personally or by private carrier, when,a of the intended recipient, as evidenced by the signature of the such delivery; or (iii) confirmation.

Section 15.8 No Liability for Trespass.

Whenever the Association, the Board of Directors or Declarant exercises any right

nt, as evidenced by the signature of the such delivery; or (iii) confirmation.

Section 15.8 No Liability for Trespass.

Whenever the Association, the Board of Directors or Declarant exercises any right hereunder and in connection therewith enters upon any Lot, such parties shall not be liable for trespass upon such Lot.

42 Section 15.9 Lien Priority.

Notwithstanding any other provision of the Declaration, the lien to secure the payment of assessments and any other lien which the Association may have on any Lot pursuant to the Declaration for (a) assessments or other charges becoming payable on or after the date of recordation of the first mortgage or deed of trust on any Lot, or (b) any fees, late charges, fines or interest that may be levied by the Association in connection with unpaid assessments, shall be subordinate to the lien or equivalent security interest of any legitimate thirdéparty first lien mortgage or deed of trust on any Lot, ifany. Any foreclosure of any such superio power of sale of any mortgage, deed of trust or other security instrument, or t proceedings in which the Association has been made a party, shall extinguis but no such foreclosure shall free any Lot from the liens securing a due and payable, nor shall the liability of any Owner personall charges or assessments which become due prior to such foreclosd foreclosure, nor shall the lien for future assessments or changes be-2 persons. EACH OWNER, BY ACCER PROPERTY MADE SUBJECT TQ USE AND ENJOYMENT OF A TO PROPERTY.

Each Owner A amederstands, and covenants to inform his or her family members, ay er ocbypants of Owner’s property that Declarant, the Association, the Board@nd a 5 ices, dkd Builders constructing homes and other improvements within : surers of personal safety. EACH PERSON USING SUCH

ocbypants of Owner’s property that Declarant, the Association, the Board@nd a 5 ices, dkd Builders constructing homes and other improvements within : surers of personal safety. EACH PERSON USING SUCH PIIES OR ANY OTHER PORTION OF THE COMMON MES ALL RISKS OF PERSONAL INJURY, DEATH, AND LOSS OPERTY, RESULTING FROM THE USE AND ENJOYMENT OF and builders within the community shall not be Hable to any person claiming any loss or damage, including, without limitation, indirect, special or consequential loss or damage arising from personal injury or death, destruction of property, trespass, loss of enjoyment, or any other wrong or entitlement to remedy based upon, due to, arising from, or otherwise relating to the use of any recreational facility or other portions of the Common Properties, including, without limitation, any claim arising in whole or in part from the negligence of Declarant, the Association, or any Builder 43 within the community. THE FOREGOING RELEASE IS INTENDED TO RELEASE THE SPECIFIED PARTIES FROM LIABILITY FOR THEIR OWN NEGLIGENCE.

EACH OWNER ACKNOWLEDGES AND AGREES THAT THE ABOVE RELEASE FROM LIABILITY IS CONSIDERATION FOR, AND A CONDITION TO, THE USE AND ENJOYMENT OF THE RECREATIONAL FACILITIES AND OTHER COMMON PROPERTIES WITHIN ERWIN FARMSAND T ! i THIS TENANTS AND OTHER OCCUPANTS OF OWNER’S PROPER RESPECTIVE GUESTS SHALL BE GROUNDS FO | TERMINATION OF ALL OF SUCH PERSONS’ US FACILITIES.

e Association shall be liberally construed to give effect to its integded pyrpdse. \ : egarding the meaning, significance or effect of a provision in this Beclgray athe #fnents of the Association, Should the Declarant, the idtioy/or its Board fail or refuse to maintain such Common Properties to City speq an unreasonable time, not to exceed ninety (90) days

lgray athe #fnents of the Association, Should the Declarant, the idtioy/or its Board fail or refuse to maintain such Common Properties to City speq an unreasonable time, not to exceed ninety (90) days after written request to do so, the ang through a majority of the City Council members, shall have the same righ Hower ak Ority¥as is herein given to the Association and its Board to {The remainder of this page intentionally left blank] 44 A 4% EXECUTED this /O day of Deco , 2015.

DECLARANT: CTMGT Erwin Farms, LLC, a Texas limited liability company Mehrdad Moayedi, Member © STATE OF TEXAS § § COUNTY OF DALLAS § a , 2015, by Mehrdad Moayedi, duly authorized Membg ’ armgé, LLC, a Texas limited eratiet Nite expressed“and in the capacity therein 45 EXHIBIT A Legal Description Unofficial Property Description BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE W.

BUTLER SURVEY, ABSTRACT NUMBER 87 AND THE H. FUCKER SURVEY, ABSTRACT NO. 907, CITY OF MCKINNEY, COLLIN COUNTY, TEXAS, AND BEING ALL OF A CALLED 37,7561 ACRE TRACT OF LAND CALLED TRACT i, AND BEING ALL OF 4 606.9184 ACRE TRACT OF LAND CALLED TRACT 2 AND BEING ALL OF A CALLED 88.6058 ACRE TRACT OF LAND CALLED TRACT 3, AS CONVEYED TO SMS INVESTORS LIMITED PARTNERSHIP, AN ARIZONA LIMITED PARTNERSHIP, ET AL, BY KASH DEVELOPMENT GROUP, LTD. BY DEED RECORDES IN INSTRUMENT NO.

200602150001 98860 OF TRE OFFICIAL PUBLIC RECORDS OF COLLEN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING A 3/8" IRON ROB FOUND IN THE CENTERLINE OF COL ROAD NO. 943 AND FOR THE SOUTHEAST CORNER OF A 52.527 ACRE T CONVEYED TO ANNIE MALONE CHRISTIE TRUST, ET AL ACCORDING TO TH RECORDED IN VOLUME 3159, PAGE 841 OF THE REAL PROPERTY RECORDS B

LINE OF COL ROAD NO. 943 AND FOR THE SOUTHEAST CORNER OF A 52.527 ACRE T CONVEYED TO ANNIE MALONE CHRISTIE TRUST, ET AL ACCORDING TO TH RECORDED IN VOLUME 3159, PAGE 841 OF THE REAL PROPERTY RECORDS B COLLIN COUNTY, TEXAS, AND THE SOUTHWEST CORNER OF A TRACTOR LA AT A DISTANCE OF 22,19 FEET, SAID POINT ALSO Bp A TRACT OF LAND CONVEYED TO THE CITY OF WAY WIDENING OF COUNTY ROAD NO, 943, 4 623 OF THE REAL PROPERTY RECORDS OF THENCE NORTH 08° 12' 42" WEST ALO.

CHRISTIE TRUST, ET AL 52.827 ACRE LITTRELL REVOCABLE LIVING TRUS 5/8" TRON ROD SET IN THE NORTH THENCE SOUTH 89° 22' 13" WEST ALO NO. 943, SAME BEING THE CITY OF COUNTY ROAD NO. 943; THENCE NORTH 00° 37' 47° FOR CORNER; COUNTY, TEXAS; THENCE NORTH 60° 13' 42" WEST ALONG THE EAST LINE OF SAID CITY OF MCKINNEY 2,00 ACRE TRACT FOR A DISTANCE GF 295,16 FEET TO A 5/8" IRON ROD SET FOR THE NORTHEAST CORNER OF SAID CITY OF MCKINNEY 2.06 ACRE TRACT, THENCE SOUTH 89° 43' 18" WEST ALONG THE NORTH LINE OF SAID CITY OF MCKINNEY 2.00 ACRE TRACT FOR A DISTANCE OF 255.23 FEET TO A 5/8" EFRON ROD SET FOR CORNER ON THE EAST LINE GF COUNTY ROAD NUMBER 943, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO THE CITY OF MCKINNEY FOR RIGHT OF WAY WIDENING OF COUNTY ROAD NUMBER 943, ACCORDING TO THE DEED RECORDED IN VOLUME 5692 AT PAGE 3649 OF THE REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS; TRENCE NORTH 00° 19' 42" WEST ALONG THE EAST LINE OF SAID CITY OF MCKINNEY TRACT AND COUNTY ROAD NUMBER 943 FOR A DISTANCE OF 604.47 FER TO A 5/8" TRON ROD SET FOR CORNER; THENCE NORTH 12° 28' 18" WEST AND CONTINUING ALONG THE EAST CITY OF MCKINNEY TRACT AND COUNTY ROAD NUMBER 943 AT A DISTA CONVEYEB TO KASH DEVELOPME INSTRUMENT NO, 20070314000347130 € COUNTY, TEXAS; THENCE NORTH 01° 00' 47" WESPATOR ALINE OF SAID KASH

THE EAST CITY OF MCKINNEY TRACT AND COUNTY ROAD NUMBER 943 AT A DISTA CONVEYEB TO KASH DEVELOPME INSTRUMENT NO, 20070314000347130 € COUNTY, TEXAS; THENCE NORTH 01° 00' 47" WESPATOR ALINE OF SAID KASH DEVELOPMENT GROUP, LED. ALLED 00 a R RACT FOR A DISTANCE OF 745.06 FEET TO A 5/8" IRON ROD ER AT THE NORTHEAST CORNER OF SAID 12.600 ACRE TRACT, SAME BEING ESOULH LINE OF A 105.622 ACRE TRACT OF LAND CONVEYEDA RTNERS, LID, ACCORDING TO THE DEED RECORDED LONG THE NORTH LINE OF SAID BETTY ERWIN ERE TRACT AND THE SOUTH LINE OF SAID JOPLIN PARTNERS, LTD, 105.622 ACRE TRACT, FOR A DISTANCE GF 780,82 BEEF TO A 3/8" TRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID JOPLIN PARTNERS, LTD.

105.622 ACRE TRACT AND THE SOUTHWEST CORNER OF AN 89,601 ACRE TRACT CONVEYED TO THE ANNIE MALONE CHRISTIE TRUST & ANNIE MALONE CHRISTIE TRUST NO, 01, ACCORDING TO THE DEED RECORDED IN VOLUME 5156 AT PAGE 2153 OF THE REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, FROM WHICH A FENCE POST BEARS SOUTH 04° 43' EAST AT A DISTANCE OF 4.5 FEET; TRENCE NORTH 60° 50' 18" WEST ALONG THE WEST LINE OF SAID ANNIE MALONE CHRISTIE FRUST NO, II] 89.601 ACRE TRACT AND THE EAST LINE OF SAID JOPLIN PARTNERS, LTD. 105.622 ACRE TRACT FOR A DISTANCE OF 828.61 FERT TO A 1/2" IRON ROD FOUND FOR CORNER AT A FENCE POST; THENCE NORTH 83° 63' 40" WEST AND CONTINUING ALONG THE COMMON LINE OF SAID ANNIE MALONE CHRISTIE TRUST NO. HI, 89.601 ACRE TRACT AND THE JOPLIN PARTNERS, LTD. 105,622 ACRE TRACT FOR A DISTANCE OF 473.33 FEET TO A 1/2" IR ROD FOUND FOR CORNER; THENCE NORTH 05° 16' 41 EAST AND CONTINUING ALONG THE COM SAID ANNIE MALONE CHRISTIE TRUST NO. III 89.601 ACRE TRACT AND THA PARTNERS, LTD. 105.622 ACRE TRACT FOR A DISTANCE OF 1622,60 FEET FO?

IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID ANNIE MALS

E COM SAID ANNIE MALONE CHRISTIE TRUST NO. III 89.601 ACRE TRACT AND THA PARTNERS, LTD. 105.622 ACRE TRACT FOR A DISTANCE OF 1622,60 FEET FO?

IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID ANNIE MALS RECORDED IN VOLUME 5203, PAGE 6 COLLIN COUNTY, TEXAS THENCE SOUTH 61° 23' 06" EAST ALO MALONE CHRISTIE TRUST NO. HITE DEVELOPMENT, LP. CALLED 233.6 AC Re A 2" IRON ROD FOUND FOR CORNER E 83° 23' EAST AT A. DISTANCE Q MALONE CHRISTIE TRUST NO, HE 89.601 ACRE TRACT AND AN ELL CORNER OF SAID PRIORITY DEVELOPMENT L.P., CALLED 233.6 ACRE TRACT, SAID CORNER ALSO BEING ON THE NORTH LINE OF A 73.890 ACRE TRACT OF LAND CONVEYED TO BETTY ERWIN DUNHAM TRUST, ET AL, ACCORDING TO THE DEED RECORDED IN VOLUME 3159, PAGE 836 OF THE REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS FROM WHICH A FENCE POST BEARS SOUTH 27° 10' WEST AT A DISTANCE OF 1.15 FEET; THENCE NORTH 89 26' 41" EAST ALONG THE NORTH LINE OF SAID BETTY ERWIN DUNHAM TRUST, ET AL 73,890 ACRE TRACT AT A DISTANCE OF 195.68 FEET AND CONTINUING ALONG THE SQUTH LINE OF SAID PRIORITY DEVELOPMENT, L.P.

CALLED 233.6 ACRE TRACT, TQ A 1/2" IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID BETTY ERWIN DUNHAM TRUST, ET AL 73,890 ACRE TRACT, FROM WHICH A STEEL FENCE POST BEARS SGUTH 06° 49' WEST AT A DISTANCE OF 3.4 FEET; THENCE SOUTH 00° 32' 09" WEST ALONG THE EAST LINE OF SAID BETTY ERWIN DUNHAM TRUST, ET AL 73.890 ACRE TRACT AND A WEST LINE OF SAID YR DEVELOPMENT, LP. CALLED 233.6 ACRE TRACT FOR A DISTANCE OF ¥ 5/8" IRON ROD SET AT A FENCE POST FOR THE SOUTHEAST CORNER OFS ERWIN DUNHAM TRUST, ET AL 73.890 ACRE TRACT; REVOCABLE LIVING TRUST TRACT FOR A DISTANCE OF 1616.81 ¥ ROD FOUND FOR CORNER; THENCE SOUTH O° 12' 42" EAST ALONG THE Fé CHRISTIE TRUST, ET AL CALLED 52.527 ACRE J LITTRELL REVOCABLE LIVING TRUST TRAG

REVOCABLE LIVING TRUST TRACT FOR A DISTANCE OF 1616.81 ¥ ROD FOUND FOR CORNER; THENCE SOUTH O° 12' 42" EAST ALONG THE Fé CHRISTIE TRUST, ET AL CALLED 52.527 ACRE J LITTRELL REVOCABLE LIVING TRUST TRAG TRE POINT OF BEGINNING AND CONTAIN LESS, EXHIBIT 8 Certificate of Formation Unofficial Form 202 Consent of Registered Agent A. A copy of the consent of registered agent is attached.

OR B. The consent of the registered agent is maintained by the entity Article 3- Managemen CA. Management of the affairs of the corporation is to be vested solely in the members of the corporation.

The corporation is organized for the following purpose or purposes: Homeowner's Association 8. Management of the affairs of the corporation is to be vested in its board of directors. The number of directors, which must be a minimum of three, that constitutes the initial board of directors and the names and addresses of the persons who are to serve as directors until the first annual meeting or until their successors are elected and qualified are set forth below.

Director 1: Mehrdad Moayedi Title: Director Address: 1800 Valley View, Suite 300 Farmers Branch TX, USA 75234 Director 2: Victor Tannous Title: Director Address: 1800 Valley View, Suite 300 Farmers Branch TX, USA 75234 Director 3: Michael Dees Title: Director Address: 1800 Valley View, Suite 300 Farmers Branch TX, USA 75234 Article 4-Organization Structure A. The corporation will have members.

B. The corporation will not have member Article 5-Purpose Supplemental Provisions/Information Unofficial Secretary of State P.O. Box 13697 Austin, TX 78711-3697 FAX: 512/463-5709 Filing Fee: $25 Certificate of Formation Nonprofit Corporation Article 1 Corporate Name The filing entity formed is a nonprofit corporation. The name of the entity is:

TX 78711-3697 FAX: 512/463-5709 Filing Fee: $25 Certificate of Formation Nonprofit Corporation Article 1 Corporate Name The filing entity formed is a nonprofit corporation. The name of the entity is: Erwin Farms Homeowner's Association, Inc.

Filed in the Office of thei Secretary of State of Texas Filing #: 802170614 03/09/2015 Document #: 595046730002 Image Generated Electronically for Web Filing Article 2- Registered Agent and Registered Office A. The initial registered agent is an organization (cannot be corporation named above) by the name of: OR B. The initial registered agent is an individual resident of the state whose name is set forth below.

Name: Mehrdad Moayedi C. The business address of the registered agent and the registered office address is: Street Address: 1800 Valley View Lane, Suite 300 Farmers Branch TX 75234 The attached eddendum, if any, is incorporated herein by reference.)

Effectiveness of Filing MA. This document becomes effective when the document is filed by the secretary of state.

OR B. This document becomes effective at a later date, which is not more than ninety (90) days from the date of its signing. The delayed effective date is: Organizer The name and address of the organizer are set forth below.

Mehrdad Moayedi 1800 Valley View Lane, Suite 300, Farmers Branch, Texas 75234 Execution The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument.

Mehrdad Moayedi Signature of organizer.

FILING OFFICE COPY

nder penalty of perjury that the undersigned is authorized under the provisions of law governing the entity to execute the filing instrument.

Mehrdad Moayedi Signature of organizer.

FILING OFFICE COPY Unofficial EXHIBIT C DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ERWIN FARMS HOMEOWNERS ASSOCIATION, INC.

DESIGN GUIDELINES PART ONE: LANDSCAPING, FENCES AND EXTERIOR ELEMENTS SECTION 1.1 LANDSCAPING: requirements of Section 146-135 of the City of McKinney Zoning Ordinancg compliance with the foregoing, the following landscape elements ay be i occupancy of the dwelling: 1.1.1 Sod: Each dwelling shall have full sod installed fop-the minimum of ten (10) feet back from the front wail fa side yard fence, whichever is SO ate’ time of planting. At lease ard. aati trees are defined at 2 ngZxhibit 1.1.4. The homeowner shall be responsible for the preservation of the shrubs and planting bed, and shall promptly 1.2.1 Major thoroughfares and Corner Lots: All fencing on comer lots and backing up to streets and major thoroughfares will be considered major thoroughfare fencing.

Fencing, which shall be four inch (4) pickets, board on board with wail construction that shall comply with the details indicated in Exhibit Attachment DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ERWIN FARMS HOMEOWNERS ASSOCIATION, INC.

DESIGN GUIDELINES Page I 1.2.1.1. All such fencing facing major thoroughfare shall be stained and preserved as follows: Manufacturer: Sherwin Williams Color: Banyan Brown — Apply per product installation Manufacturer: Standard Paint Color: Sable Brown -- Apply per product ing Manufacturer: Seai Rite Color: Medium Brown — Apply per prod 1.2.2 Standard Side and Rear Yard Fences — Interior tok wail construction shall comply with the materials and &&

n -- Apply per product ing Manufacturer: Seai Rite Color: Medium Brown — Apply per prod 1.2.2 Standard Side and Rear Yard Fences — Interior tok wail construction shall comply with the materials and && Attachment 1.2.2.1. Fence shall be four inch (4”) pi aa Ph iron fences for the jth of rear lot lines as detailed in flags which may be displayed are: (i) the flag of the United States of efica; (ii) the flag of the State of Texas; and (iii) an official or replica flag of any branch of the United States armed forces. No other types of flags, pennants, banners, kits or similar types of displays are permitted on a Lot if the display is visible from a street or Common Area.

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ERWIN FARMS HOMEOWNERS ASSOCIATION, INC.

DESIGN GUIDELINES Page 2 1.4.2 1.4.4 1.4.5 1.4.6 1.4.7 The flag of the United States must be displayed in accordance with 4 U.S.C.

Sections 5-10.

The flag of the State of Texas must be displayed in accordance with Chapter 3100 of the Texas Government Code.

Any freestanding flagpole, or flagpole attached to a dwelling, shall be constructed A displayed flag, and the flagpole on which it is flown!

condition at alltimes. Any flag that is deteriorated-m or removed.

Only one flagpole will be allio attached to the face of the ave i flagpole. A flagpole attaghey ay not exceed 4 feet in length. A freestanding flagpole maj} whefght. Any freestanding flagpole must be located in either ty d or backyard of a Lot, and there must be a syor be a freestanding other residents in the community. Solar powered, pole mounted light fixtures are preferred as opposed to ground mounted light fixtures. Compliance with all municipal requirements for electrical ground mounted installations must be

ty. Solar powered, pole mounted light fixtures are preferred as opposed to ground mounted light fixtures. Compliance with all municipal requirements for electrical ground mounted installations must be certified by Owner. Flag illumination may not shine into another dwelling.

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ERWIN FARMS HOMEOWNERS ASSOCIATION, INC.

DESIGN GUIDELINES Page 3 Neighbor complaints regarding flag illumination are a basis to prohibit further illumination until Owner resolves complaint.

1.4.12 Flagpoles shail not be installed in Common Area or property maintained by Erwin Farms.

1.4.13 All freestanding flagpole installations must receive prior written appgoval from the Reviewer.

SECTION 1.5 RAIN BARRELS OR RAINWATER HARVESTING SYFEM.

1.5.1 Rain barrels or rain water harvesting systems and x (collectively, “Rain Barrels”) may only be installed’ approval of the Reviewer.

1.5.3. Under no circumstances shall Raj within a Lot that is in-between 1.5.4 The rain barrel must be a property owner’s home a 1.5.5 Rain Barrels may Pe jetted ink Parcel so long ag nema) ot}be seen from a street, another Lot or any common piblic view to the greatest extent possible. The owner must have area on their Lot to accommodate the Rain Barrels.

Rain Barrels must be properly maintained at all times or removed by the owner.

1.5.8 Rain Barrels must be enclosed or covered.

1.5.9 Rain Barrels which are not properly maintained become unsightly or could serve as a breeding pool for mosquitos must be removed by the owner from the Lot.

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ERWIN FARMS HOMEOWNERS ASSOCIATION, INC, DESIGN GUIDELINES Page 4 SECTION 1.6 RELIGIOUS DISPLAYS

s must be removed by the owner from the Lot.

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ERWIN FARMS HOMEOWNERS ASSOCIATION, INC, DESIGN GUIDELINES Page 4 SECTION 1.6 RELIGIOUS DISPLAYS 1.6.1 An owner may display or affix on the entry to the owner’s or resident’s dwelling one or more religious items, the display of which is motivated by the owner’s or resident’s sincere religious belief.

1.6.2 If displaying or affixing of a religious item on the entry to the own dwelling violates any of the following covenants, The Association nik item displayed: Oresident’s apve the (1) threatens the public health or safety; (3) contains language, graphics, or any display Wadt jé passerby; (4) is in a location other than the entry door opdee (5) individually or in combinati square inches 1.6.3. No owner or resident is ayfhdri elitng gt make an alteration to the entry the Association’s Declaration or NsGofing materials shall be asphalt shingles with a 20-year rated a minimum weight of 220 pounds per square (100 square feet) and maciure and roofing materials, may be finished with an approved exterior grade siding material. All Fireplace flues shall be enclosed and finished; exposed pre-fabricated metal flue piping is prohibited.

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ERWIN FARMS HOMEOWNERS ASSOCIATION, INC.

DESIGN GUIDELINES Page 5 SECTION 2.2 CERTAIN ROOFING MATERIALS 2.2.1 Roofing shingles covered by this Section are exclusively those designed primarily to: (i) be wind and hail resistant; (ii) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (iii) provide solar generation capabilities (collectively, "Roofing Shingles").

resistant; (ii) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (iii) provide solar generation capabilities (collectively, "Roofing Shingles").

2.2.2 Roofing Shingles allowed under these Guidelines shall: (1) resemble the shingles used or otherwise authorized for ya Association; (2) be more durable than and are of equal or sy hp used or otherwise authorized for use in the AsSgetati (3) match the aesthetics of the property surroundirfg requesting permission to install the Roofing -Shj 2.2.3 The owner requesting permission to 2.2.4 Roofing Shingles shall be Reviewer.

2.2.5 Owners are hereby placethg void or adversely otber-w SECTION 2.3 SOLAR PANE fiding any related equipment or system components anels”’} may only be installed after receiving the written fy structure allowed under any of the Association’s dedicatory instruments, or within any fenced rear-yard or fenced-in patio of the owner’s property, but only as allowed by the Reviewer. Solar Panels may not be installed on the front elevation of the home.

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ERWIN FARMS HOMEOWNERS ASSOCIATION, INC, DESIGN GUIDELINES Page 6 2.3.4 If located on the roof of a home, Solar Panels shall: (1) not extend higher than or beyond the roofline; (2) conform to the slope of the roof; (3) have a top edge that is parallel to the roofline; and (4) have a frame, support bracket, or wiring that is black or painted to match the color of the roof tiles or shingles of the roof. Piping must be.painted to ding may be used for hidden or concealed wall surfaces not directly isible from the lot front property line. Siding can be used in limited quantities for upper gable areas that would create a “brick-on-wood”

y be used for hidden or concealed wall surfaces not directly isible from the lot front property line. Siding can be used in limited quantities for upper gable areas that would create a “brick-on-wood” condition; this provision is for special conditions only and is not intended to reduce the essential 100% masonry requirement for the front wall areas and approval of the use of this provision is at the sole discretion of the Reviewer and the City of McKinney.

DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ERWIN FARMS HOMEOWNERS ASSOCIATION, INC, DESIGN GUIDELINES Page 7 2.4.1.2 Side Walls: Side wall surfaces of the first floor may be constructed using a mixture of masonry and exterior-grade siding as required to comply with the minimum seventy five percent (75%) masonry overall requirement; 2.4.1.3 Rear Walls: Rear wall surfaces of the first floor may be constructed using a mixture of masonry and exterior-grade siding as required to gomply with second floor wall surfaces may be exterior-grade siding matdx wall shall match the requirement of said wall.

2.4.1.5 Required masonry percentages shall be wah areas built on top of a roof.

SECTION 2.5 ELEVATION AND BRICK USAGE 2.5.1 safe side of the street, they shall be A one (1) lot separation will be 2 de of Street: No combination of brick color, mortar color, and sand golor shall be repeated for adjacent dwellings. Street and alley mtersections are acceptable separation elements.

7.2 Opposite Side of Street: There are no restrictions for the use of brick color, mortar color, and sand color for dwelling units on opposing sides of the street.

2.5.2 Exterior Material Area Calculations: All Dwelling submittals shall calculate the

ions for the use of brick color, mortar color, and sand color for dwelling units on opposing sides of the street.

2.5.2 Exterior Material Area Calculations: All Dwelling submittals shall calculate the percentage coverage for each material as follows: DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ERWIN FARMS HOMEOWNERS ASSOCIATION, INC, DESIGN GUIDELINES Page 8 2.5.2.1 Calculation Method: Calculations for material coverage percentages shall include all exposed areas of the wall surface, excluding window and door openings.

2.5.2.2 Calculation Format: Calculations shall indicate the area coverage for front, side, and rear wail areas. Calculations shall be submitted inghe following format: Brick Calculations Overall Total Wall Area Osf Total Brick Area 0 sf © Total Brick Percentage 0% [Front Cd Total Wall Area Total Brick Area Total Brick Percentage OM, d ieft ss rcC( CN KAY Total Brick Area a sh Right UL MINN Total Wall Area \J ‘ Total Brick Area § Total Brick Percentage “s, Oe Rear of “WN IY aa 0 sf DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR ERWIN FARMS HOMEOWNERS ASSOCIATION, INC, DESIGN GUIDELINES Page 9 Exhibit Attachment 1.1.4 APPROVED PLANT LIST Notes: * The following lists of plant materials only apply to materials planted or preserved to satisfy the Landscape Requirements (Section 146-135) and Tree Preservation Ordinance (Section 146136) of this ordinance. It ls not intended fo limit or prohibit other plant materiais planted or preserved in excess of these requirements.

* Additional plant materials may be approved as apprapriate. The applicant may be r&

preserved in excess of these requirements.

* Additional plant materials may be approved as apprapriate. The applicant may be r& submit substantiation of adaptability and water usage for other plants.

CANOPY TREES: Aver grandidentatum Pistachia chinensis Acer rubrum ‘Trident’ Quercus acutissima Trident Red Maple Sawtooth Oak Acer saccharum ‘Caddo’ Quercus muhlenbergii Caddo Maple Chinquapin Oak Carya ilinoinensis Pecan Carya ovata Shagbark Hickory Cedrus deodara Deodar Cedar Cupressocyparis ‘Leylandif’ Leylandii Cypress Fraxinus Americana White Ash Fraxinus texensis Texas Ash apindus drummondii estern Soapberry* Ginkgo biloba ‘A Taxodium disichum Bald Cypress Ulmus parvifolia Lacebark Elm Acer paimatum Japanese Maple Acer trucatum Shantung Maple Aesculus glabra Texas Buckeye Arbutus texana Texas Madrone* Betula nigra River Birch Cercis spp.

Redbud* Chilopsis linearis Desert Willow" Chionanthus virginica Chinese Fringe Tree Comus spp.

Dogwood Cotinus Coggyria American Smoketree Diospyros texana Texas Persimmon’ lex deciduas Possumhaw Holly lex opaca ‘Foster’ Foster Holly Prunus mexicana Mexican Plum* Quercus laceyi (Q. gl Lacey Oak liex opaca ‘Savannat?

Savannah Holly jlex vormitoria Yaupon Holly Juniperus virginiana Red Cedar* Koelreuteria paniculata Golden Raintree Lagerstroemia indica Crape Myrtle {Large Tree Form) Malis spp.

Flowering Crabapple Magnolia stellata Star magnolia Magnolia soulangiana Saucer Magnolia Magnolia grandifora Little jagne Sopho e's Necklace Ungnadia speciosa Mexican Buckeye EVERGREEN SHRUBS: Acceptable for iow screening (five foot (5"} or less Abelia grandiflora Dwarf Abella Berberis thunbergii spp.

Barberry Elaeagnus pungens

's Necklace Ungnadia speciosa Mexican Buckeye EVERGREEN SHRUBS: Acceptable for iow screening (five foot (5"} or less Abelia grandiflora Dwarf Abella Berberis thunbergii spp.

Barberry Elaeagnus pungens Dwarf Elaeagnus or Silverberry Cotoneaster glaucophyilus Grayieaf Catoneaster* iiex cornuta ‘Dwarf Burfordii’ Dwarf Burford Holly Leucophylium frutescens Texas Sage Myrica pusilla Dwarf Wax Myrtle flex x attenuate ‘Foster Foster Holly Hex x ‘Nellie R. Stevens’ Neilie R. Stevens Hoily Juniperus virginiana Eastern Red Cedar Ligustrum japonicum Waxleaf Ligustrum Magnolia ‘Little Gem’ Litte Gem Magnolia Shrubs Abelia grandiflora Dwarf Abelia Berberis thunbergil spp.

Aratia ’ Podocarpus macrophyllus Podocarpus Prunus carocliniana Cherry Laurel 4 eg SMTiL} * EVERGREEN SHRUBS: Acceptable for six foot (6) screenin \ Myrica cerifera Wax Myrtie (tree form) © 2 m frutescens Barberry age“ Cotoneaster horizontatis ropetalum chinensis Horizontal Cotoneas{e hinese Fringe Flower Mahonia beaiei Leatherleaf Mahonia Myrica pusilla Dwarf Wax Myrtle Shrubs continued Hesperatioe parviflora Nandina spp.

Red Yucca* Nandina Hypericum spp. Raphiolepis indica St, John’s Wort* indian hawthorn flex spp. Rosa spp.

Holly Rose Juniper spp. Spirea spp.

Juniper Spirea Myrica pusilla Dwarf Wax Myrtie Ajuga reptans Lonicera japonica ; Ajuga Honeysuckie* Hedra heilx Trachelopspermum asiaticum English lvy Asian Jasmine Vinca spp.

Vinca Ornamental Grasses Andropogon spp.

Bluestem Cortaderia selloana Pampas Grass Pennisetum spp.

Fountain Grass Grasses Buchioe dactyloides Buffalo Grass* ermuda Grass Zoysi Stenotaphrum secundatum @ spp.

id St. Augustine Aristocrat Pear Lombardy Poplar Bradford Pear Mulberry Bols D’ Arc Siberian Elm Catalpa Silver Maple Cottonwood Sycamore Hackberry ew Exhibit Attachment 1.2.1.1

hrum secundatum @ spp.

id St. Augustine Aristocrat Pear Lombardy Poplar Bradford Pear Mulberry Bols D’ Arc Siberian Elm Catalpa Silver Maple Cottonwood Sycamore Hackberry ew Exhibit Attachment 1.2.1.1 Fencing on commer lots and backing up to major thoroughfare Unofficial am CONTINOUS 2x4 CAP CONTINOUS 1x4 BAND STANDARD WOOD PICKETS Boerd on boz: sonstructio: STAINAND PRESERVE WOOD | Stalt Cotocs Manofactoren Shorwin Willams Color Ba Manufacturon Standard Paint Colon Sable.

Attachment 1.2.1.1 Major Thoroughfare.z Fence Details Exhibit Attachment 1.2.2.1 Standard Side and Rear Yard Fences Unofficial ATTACHMENT: STANDARD LO FENCE DETAILS Exhibit Attachment 1.2.3.2 Greenbelt Area Side and Rear Yard Fences Unofficial ima Attachment: 1.2, WROUGHT IRON FENCE DETAILS: Exhibit Attachment 1.3.1.1 Standard Mail Boxes Design 19 COURSES HIGH ( 57° J 42" FROM STREET 38 EXHIBIT D Articles of incorporation Unofficial ARTICLES OF INCORPORATION OF ERWIN FARMS HOMEOWNER’S ASSOCTATION, INC.

{A Non-Profit Corporation) The undersigned natura! person of the age of eighteen (18) years or more, acting as the sole incorporator of a corporation under the Texas Non-Profit Corporation Act, does hereby adopt the following Articles of Incorporation for such corporation: ARTICLE ONE The name of the corporation is Erwin Farms Homeowner’s Association, Inc.

ARTICLE TWO The corporation is a non-profit corporation. © ARTICLE THREE The period of its duration is perpetual.

ARTICLE FOUR Association Inc. (to be) recorded in the Regards i By e Declaration”), and to be treated as a homeowners* assogiatigh within tite g of the Internal Revenue Code, and to do all other things necessary a ¢ and to exercise such of the general powe Moayedi.

ARTICLE SEVEN

n”), and to be treated as a homeowners* assogiatigh within tite g of the Internal Revenue Code, and to do all other things necessary a ¢ and to exercise such of the general powe Moayedi.

ARTICLE SEVEN The number of directors constituting the initial Board of Directors is three (3) and the name and address of the person who is to serve as the director of the corporation as named in the Certificate of Formation for the term set forth opposite his name or until his successor is elected and qualified is: NAME ADDRESS INITIAL TERM OF OFFICE Mehrdad Moayedi 1800 Valley View Lane, Suite 300 Until first election Farmers Branch, TX 75234 Michael Dees 1800 Valley View Lane, Suite 300 Until first election Farmers Branch, TX 75234 Victor Tannous 1800 Valley View Lane, Suite 300 Until first election Farmers Branch, TX 75234 The right of members to cumulative voting in the election of seb prohibited.

ARTICLE EIGHT The address of the incorporator is 1800 Valley View Lane, Texas 75234.

representing two-thirds (2/3rds)"q the taal vo ars and ‘We poWgr so conferred may be repealed , board of directors, or any committce thereof, annual or special meeting of members, may be ARTICLE ELEVEN No director of the corporation shall be liable to the corporation or its members for monetary damages for an act or omission in the director’s capacity as a director, except for liability (1) for any breach of the director's duty of loyalty to the corporation or its members, (2} for acts or omissions not in good faith that constitute a breach of duty of the director to the corporation or an act or omission that involves intentional misconduct or a knowing violation of law, (3) for any transaction from which the director received an

breach of duty of the director to the corporation or an act or omission that involves intentional misconduct or a knowing violation of law, (3) for any transaction from which the director received an improper benefit, whether or not the benefit resulted from an act taken within scope o the director’s office, and (4) for acts or omissions for which the liability of a director expressly provided by statute, Any repeal or amendment of this Article by the members of the corporation shall be prospective only, and shall not adversely affect any limitation on the personal liability of a director of the corporation existing at the time of such peptat or amendment. In addition to the cireumstances in which a director of the corpo not personally liable as set forth in the preceding sentences, a a shali note to the fullest extent permitted by any amendment to the Texas sta that further limits the liability of a director.

ARTICLE TWELVE principal, shall ever inure to the benefit of a corporation, or any individual having a per Sole incorporator of the Erwin Farms Homeowners Association, Inc.

Mehrdad Moayedi, Declararit and Board of Director Filed and Recorded Filed and Recorded . + a Official Peblic Records Oneill Public Reto Stacey Kemp, County Clerk Stacey Kemp, County Clerk Collin County, TEXAS Collin County, TEXAS H4/24/2095 01:46:48 PM 12/11/2015 09:04:21 AM $330.0 BEOSTER $334.00 DFOSTER 20150424000465750 20151211001545660 ule ar ae