% SUP. NTARY OF COVENANTS, CONDITIONS AND RESTRICTIONS FOXWOOD ADDITION THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF SMITH § THIS SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the “Supplementary Declaration”) is made by SPICEWOOD DEVELOPMENT-TYLER, INC., a Texas corporation (successor to SDI 2004-Tyler Developments, Inc.) (“Declarant”), and is as follows: RECITALS: A. Declarant is currently or was the owner of all of that certain real property located in Smith County, Texas, as more particularly described as FOxwoOD ADDITION, UNIT 2, a subdivision of record in Smith County, Texas, according to the map or plat thereof recorded in Cabinet D, Slide 379-A of the Plat Records of Smith County, Texas (the “Foxwood, Unit 2”).
B. Pursuant to Article II of that certain Declaration of Covenants, Conditions and Restrictions — Foxwood Addition, recorded in Volume 7596, Page 902, under County Clerk’s File No. 2004-R0045348 of the Official Records of Smith County, Texas, as amended by First Amendment to Declaration of Covenants, Conditions and Restrictions — Foxwood Addition, recorded under County Clerk’s File No. 2010-R00058121 of the Official Records of Smith County, Texas (as amended, the “Declaration”), Declarant has the right to add or annex additional real property into the scheme of the Declaration by filing of record a supplementary declaration, executed and recorded in accordance with Article II of the Declaration.
Cc. Upon recordation of the final plat of Foxwood, Unit 2, Declarant intended to annex all of the real property located within Foxwood, Unit 2, into the Declaration; however, by inadvertence and mistake, such annexation was not recorded prior to the sale of certain residential lots within Foxwood, Unit 2, by Declarant.
within Foxwood, Unit 2, into the Declaration; however, by inadvertence and mistake, such annexation was not recorded prior to the sale of certain residential lots within Foxwood, Unit 2, by Declarant.
D. Pursuant to this Supplementary Declaration and in accordance with the Declaration, Declarant intends to annex into the Declaration all of the real property located in.
Foxwood, Unit 2, currently owned by Declarant.
E. All other persons or entities (other than Declarant) owning any lot or parcel of land within Foxwood, Unit 2, shall evidence their respective joinder and consent to this Supplementary Declaration by separate written instrument.
Now, THEREFORE, in consideration of the premises and pursuant to Declarant’s rights set forth in the Declaration, Declarant hereby declares as follows: 789734.)
a eae * ily : ar a ae - toe a we 8 mee meee he I. Capitalized Terms. All capitalized terms used in this Supplementary Declaration and not defined herein shall have the meaning set forth in the Declaration.
2. Annexation of Land. Declarant hereby declares that the following described real property (collectively, the “Annexed Property”) is hereby annexed into and made subject to all terms and provisions of the Declaration, and such real property shall constitute part of the Property: All of Foxwoop ADDITION, UNIT 2, a subdivision of record in Smith County, Texas, according to the map or plat thereof recorded in Cabinet D, Slide 379-A of the Plat Records of Smith County, Texas.
Declarant hereby declares that (i) the Annexed Property shall be held, sold, conveyed, and occupied subject to the easements, restrictions, covenants, and conditions set forth in the Declaration, all of which are for the purpose of protecting the value and desirability of, and
conveyed, and occupied subject to the easements, restrictions, covenants, and conditions set forth in the Declaration, all of which are for the purpose of protecting the value and desirability of, and which shall run with, the Annexed Property and shall be binding on all parties having any right, title, or interest in or to the Annexed Property or any part of the Annexed Property, their heirs, successors, and assigns, and shail inure to the benefit of each Owner of each portion of the Annexed Property; and (ii) each contract or deed that may be executed with regard to the Annexed Property or any portion of the Annexed Property shall conclusively be held to have been executed, delivered, and accepted subject to the Declaration regardless of whether the same is set out or referred to in the particular contract or deed.
3. Subdivision. All references in the Declaration to the term “Subdivision” shall hereafter mean and refer to Foxwood Addition, Unit 1, and Foxwood Addition, Unit 2.
4. Joinder and Consent. As of the date hereof, certain persons or entities other than Declarant own fee title to Lots 21, 25, 38, 39, 41 and 42 of Foxwoop ADDITION, UNIT 2, and each such person or entity shall evidence their joinder in and to this Supplementary Declaration by separate written instrument, signed by each such person or entity and recorded in the Official Records of Smith County, Texas.
5. Binding Effect. This Supplementary Declaration shall be binding upon Declarant, the Association, the Owners, and_ their respective heirs, executors, legal representatives, successors and assigns.
6. Multiple Counterparts. This Supplementary Declaration may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall
es, successors and assigns.
6. Multiple Counterparts. This Supplementary Declaration may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute a single instrument.
7. Ratification. The Declaration is hereby ratified and confirmed as to the Property (including, without limitation, the Annexed Property), except as it may be inconsistent with this Supplementary Declaration, in which case this Supplementary Declaration will control.
7897347.1 Executed as of this 24 day of haw tat lines , 2012.
DECLARANT Spicewood Development — Tyler, Inc.
(a Texas corporation) (formerly SDI 2004-Tyler Developments, Inc.)
STATE OF TEXAS § COUNTY OF LEG. OD. : This instrament was acknowledged before me, the undersigned authority, this A Yay of Lda , 2012, by Randall M. Ziehe, President of Spicewood Development-Tyler, c., a Texas corporation, on behalf of said corporation.
AVL’ Notary Public &' State of Texas Ne a Te iy Me Gey Fae ay HM yy MM eM ME v SUE FITZPATRICK i Sane Notary Public, Xe State of Texas GF ¢ arene, Coren, Eg. O65 Oot ‘ weny BAe 7897349v.1 LENDER CONSENT AND SUBORDINATION The undersigned, Southside Bank, a Texas state bank (“Lender”), being the owner and holder of an existing mortgage and lien upon and against the real property described as the “Annexed Property” in the foregoing Supplementary Declaration, pursuant to a Deed of Trust executed by SDI 2004-Tyler Developments, Inc., a Texas corporation (now known as Spicewood Development-Tyler, Inc.), to James D. VanDeventer, Trustee, for the benefit of Lender, recorded under County Clerk’s File No. 2010-R00042963, Official Records of Smith County, Texas, does hereby consent to and join in said Supplementary Declaration of Covenants, Conditions and
f Lender, recorded under County Clerk’s File No. 2010-R00042963, Official Records of Smith County, Texas, does hereby consent to and join in said Supplementary Declaration of Covenants, Conditions and Restrictions — Foxwood Addition.
This consent and subordination shall not be construed or operate as a release of said mortgage or lien owned and held by Lender, or any part thereof, but the undersigned agrees that its mortgage and lien shall hereafter be upon and against the Annexed Property and all appurtenances thereto, subject and subordinate to the provisions of the Supplementary Declaration.
Lit tnyot_ TA tay Executed as of thi day of 2012.
LENDER Southside Bank (a Texas state bank) STATE OF TEXAS § § County oF Travis § This instrument was acknowledged befpre me, the undersigned authority, prs 24 day of far 2012, by , the of Southside B a Texas state bank, on behalf of said bank.
ps ey t tc, State o ; ya CN way Commission Expires Notary Public * State of Texas ~ April 29, 2014 : Hee 7897347v.1 LENDER CONSENT AND SUBORDINATION The undersigned, RSZ Investments, Ltd., a Texas limited parmership, formerly known as RMZ Investments, Ltd. (“Lender”), being the owner and holder of an existing mortgage and lien upon and against the real property described as the “Annexed Property” in the foregoing Supplementary Declaration, pursuant to a Deed of Trust executed by SDI 2004-Tyler Developments, Inc., a Texas corporation (now known as Spicewood Development-Tyler, Inc.) to Steven R. Martens, Trustee, for the benefit of Lender, recorded under County Clerk’s File No.
2007-R00029833, Official Records of Smith County, Texas, does hereby consent to and join in said Supplementary Declaration of Covenants, Conditions and Restrictions — Foxwood Addition.
lerk’s File No.
2007-R00029833, Official Records of Smith County, Texas, does hereby consent to and join in said Supplementary Declaration of Covenants, Conditions and Restrictions — Foxwood Addition.
This consent and subordination shall not be construed or operate as a release of said mortgage or lien owned and held by Lender, or any part thereof, but the undersigned agrees that its mortgage and lien shall hereafter be upon and against the Annexed Property and all appurtenances thereto, subject and subordinate to the provisions of the Supplementary Declaration.
Executed as of this 29 day of Sane , 2012.
LENDER RSZ Investments, Ltd.
(a Texas limited partnership) (formerly known as RMZ Investments, Ltd.)
By: RSZ Investment Management, LLC (a Texas limited liability company) dts General Partner Cc STATE OF TEXAS § COUNTY OF EDA : This instrument was acknowledged before me, the undersigned authority, this Bk day of Gale , 2012, by Randall M. Ziehe, Manager of RSZ Investment Management, LC, aT limited liability company, as general partner of RSZ Investments, Ltd., a Texas limited parmership, on behalf of said limited liability company and limited partnership.
Notary ee State of Texas LENORA DUM Ger TURN TO: SUE FITZPATRICK } JACK SON Notary Public, 7897347v.1 eS ik ai ag For Record tp: th Countysy Tevac Be Jon 24-20 t ah i2s20P Recerpk $s anne Recording t 721M for/kur & awse72 Bee/Typa: Recordings - Land feauky - Cheryl Cordinal r 2, i T hereby cearkify thet thes instrurant was filed and duis recorded in the Bfficigl Racords of Smith Counks> Tenge karan Phiblips foprky Clart