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D224138958 08/06/2024 11:25 AM Page: 1 of 44 Fee: $192.00 Submitter: Harris Cook, LLP Electronically Recorded by Tarrant County Clerk in Official Public Records a: MARY LOUISE NICHOLSON COUNTY CLERK THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GEORGETOWN COMMONS ADDITION THE STATE OF TEXAS = § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § made by the Association and Owners (as hereinafter defined) pursuant to the provisions 9.3 of the Second Amended and Restated Declaration of Covenants, Conditions of Georgetown Commons Addition filed of record as Instrument Number D2141 Property Records of Tarrant County, Texas (the “Second Amended and Resta trument é on of Covenants, ¢ ards in Volume 12019, al Declaration”).

TURE (hereinafter referred to as ISTA HOMES (hereinafter referred erty (the “Property”) in the City of Arlington, , GEORGETOWN COMMONS ADDITION, described by lots and blocks on the attached one “Declarant”) and VISTA HOMES JOINT VENTY to as “Vista Homes”) were the owners of certaty SECTION ONE, and which is x Exhibit “A,” aitorporated herd DECLAR SO ENANTS, CONDITIONS AND RESTRICTIONS filed January 8, ae County Real Property Records as Instrument No. D198005271 (the “Syppleme Secdt tions”), such additional property being included in the definition of HEREAS, such Declarant and Vista Homes desired to restrict said property, as hereinafter defined, for the common good; and WHEREAS, notwithstanding anything to the contrary contained herein, Lot A was excluded from all provisions of the Original Declaration; and THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 1 D224138958 Page 2 of 44 WHEREAS, the, Declarant and Vista Homes declared in the Original Declaration that the

nd THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 1 D224138958 Page 2 of 44 WHEREAS, the, Declarant and Vista Homes declared in the Original Declaration that the Property shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions included in the Original Declaration, all of which were for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property and that said easements, covenants, restrictions and conditions shall run with the Property and be binding on all parties having or acquiring any right, title or interest therein or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each Owner (defined below); and WHEREAS, Declarant and Vista Homes declared that any prior recorded doc pertaining to the matters contained in the Original Declaration shall be replaced in and superseded by the terms of the Original Declaration; and Declaration, said provisions being contained in Article 9.3 thereof and said included in the First Amended and Restated Declaration, the Second {A Declaration, and this Third Amended and Restated Declaration; WHEREAS, the Board of Directors of the Geotgétown mons Homeowners Association called a meeting of the Owners of the Georgeto ns pursuant to notice containing the amendments to be considered at the meetitg by the ers; and WHEREAS, the Notice was hand delivered $6cach Dot tgs hereinafter defined) on or about May 11, 2006 and was published in the Assetjati oh hetysletts WHEREAS, attending the meetin DOr tS, in person or by proxy, were the owners of 50 lots contained within the Sukdivi and NHEREA Second Amended and Restated Declaration contained provisions for

ysletts WHEREAS, attending the meetin DOr tS, in person or by proxy, were the owners of 50 lots contained within the Sukdivi and NHEREA Second Amended and Restated Declaration contained provisions for amg : ding the S al Declaration, said provisions being contained in Article 9.3 thereof; and HRAS, the Board of Directors of the Georgetown Commons Homeowners Associatien—decided to recommend certain changes to the Second Amended and Restated Declaration and for that purpose called a meeting of the Owners of the Georgetown Commons pursuant to a notice (hereinafter referred to as the “Notice”) containing the amendments to be considered at the meeting by the Owners; and WHEREAS, the Notice was delivered via us mail to each Lot (as hereinafter defined) on or about 2024; and THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 2 i | D224138958 Page 3 of 44 WHEREAS, attending the meeting of the Owners, in person or by proxy, were the Owners purposes of considering amendments to the Second Amended and Restated Declaration; and WHEREAS, motion was made, duly seconded and submitted to a vote of the Owners and more than sixty seven percent (67%) of those present, eligible to vote and voting, either in person or by proxy, voted in favor of adopting this THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS; and _ WHEREAS, said vote was memorialized by a written tally of the votes jn-fe proposed amendments which tally reflecting the signature of the voter, the addressjof proposed amendments, hereby has compiled and hereby adopt DECLARATION OF COVENANTS, CONDITIONS, , 2024, -ARTICLEL 1.1 “ARA” means the Archit Instruments.

“Articles” me 1.2

of the voter, the addressjof proposed amendments, hereby has compiled and hereby adopt DECLARATION OF COVENANTS, CONDITIONS, , 2024, -ARTICLEL 1.1 “ARA” means the Archit Instruments.

“Articles” me 1.2 GEORGETOWN COMMONS HOMEOWNERS and assigns, Code” means the Texas Property Code, as hereafter amended and replaced.

1.7. “Common Area” means that portion of the Property owned or to be owned by the Association for the common use and enjoyment of the Members of the Association, including, but not limited to, all recreational facilities, swimming pools, clubhouse/cabana, streets, fencing, entrance gate, streetlights, and green areas. The Common Area is more specifically shown on the plat recorded in Cabinet A, Slide 1799, Plat Records, Tarrant County, Texas, incorporated herein, as Lots 1 and 55, Block 1.

THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE3 D224138958 Page 4 of 44 1.8 “Common Expenses” means and includes: (a) all sums lawfully assessed against the Common Area by the Managing Agent (hereinafter defined) or Board; (b) — expenses of administration and management; (c) expenses agreed upon as Common Expenses by the Association; and (d) expenses declared to be Common Expenses by this Declaratio Bylaws.

1.9 “Declaration” means this Third Amended and Restated Declaratié Conditions and Restrictions.

1.10 “Declarant” means GEORGETOWN COMM successors and assigns, including any person or entity who or all of the Lots for the purpose of selling them to the gener: Declarant, its successors or assigns, or by foreclosure or deed 1.11 “Dedicatory Instrument” has the me iven it in Chapter 202 of the Code, as hereafter amended and replaced, and includes without ]i n this Declaration, the Bylaws, and the Rules and Regulations of the Association.

Instrument” has the me iven it in Chapter 202 of the Code, as hereafter amended and replaced, and includes without ]i n this Declaration, the Bylaws, and the Rules and Regulations of the Association.

1.12 “Dwelling Unit” means a resilefiti Mfitended for the housing of one family on a Lot which shall be owned in fee simple 1.13 “Effective Date” 1.14 “Lienholder’/} Mortgage”) on any Lot in th 1.15 “Lot” meatis? é the Common Area, upbif wich a Dwelling Unit may be constructed or is presently existing, and any tract of parceLof Jandy any additions to the existing property as may hereafter be made aVAssessments, as well as income and revenue from other legitimate sources, asp ibed jn this Declaration.

. “Managing Agent” means the Association’s designated representative as it appears on the Management Certificate.

1.18 “Management Company” means a third-party person or entity established or contracted to provide management or administrative services on behalf of the Association.

THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 4 D224138958 Page 5 of 44 1.19 “Management Certificate” means the instrument required to be recorded pursuant to Section 209.004 of the Code, as hereafter amended and replaced.

1.20 “Member” means every person or entity who holds membership in the Association.

1.21 “Owner” means the recorded owner of any Lot situated upon the Property, who is therefore qualified to be a Member of the Association, whether one (1) or more persons or entities, of a fee simple title to any Lot, including contract sellers, but excluding those having such injerest merely as security for the performance of an obligation. However, the term “Owner” shall any Lienholder who acquires fee simple title to any Lot which is a part of the propert

ose having such injerest merely as security for the performance of an obligation. However, the term “Owner” shall any Lienholder who acquires fee simple title to any Lot which is a part of the propert deed in lieu of foreclosure or through judicial or non-judicial foreclosure.

1.22 “Plat” shall refer to the plats of the Subdivision recorded in Cabif Plat Records, Tarrant County, Texas, incorporated herein, as Lots 1 through Pe City of Arlington, Tarrant County, Texas; and Lots 31 through 4 3 through 14, Block 2, GEORGETOWN COMMONS, SECT of Arlington, Tarrant County, Texas.

time to time.

1.26 “Special Oa vert Assessment t!

fixtures and personal property related to the Common Areas; maintenance ofCommon Areas; repair and/or replacement of the private streets, or other pciation as stated in its Certificate of Formation, or Dedicatory Instruments of the 1.27 “Texas Residential Property Owners Protection Act” or “The Act” shall refer to Code Chapter 209, as same may be amended or replaced in whole or in part.

1.28 “Transfer Fee” means a fee, charge, or other payment payable for a change of ownership entered in the records of the Association, THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 5 D224138958 Page 6 of 44 1.29 “Voting Rights” means the right of Members to vote on Association matters and are restricted to one (1) vote per Lot regardless of the number of record Owners for that Lot.

Capitalized terms used but not defined herein have the meaning given them in the Act.

ARTICLE II.

PROPERTY RIGHTS 2.1 OWNER’S EASEMENTS OF ENJOYMENT. Every Owner has a righ easement of enjoyment in and to the Common Area including an unrestricted right of i egress to the Owner’s Dwelling Unit, which easement shall be appurtenant to and shafl

YMENT. Every Owner has a righ easement of enjoyment in and to the Common Area including an unrestricted right of i egress to the Owner’s Dwelling Unit, which easement shall be appurtenant to and shafl period during which any assessment against his Lot remai to exceed 30 days for any infraction of the Association?

posted signage, and other Dedicatory Instruments; (b) the right of the Association to dedi Common Area to any public agency of authdx agreed to by the Owners. No such dedication or tra of agreement to such dedication or transfer, sign sixty-seven percent (67%) of the outsfgndi in the Office of the County clerk of Cavcarf proposed action under this provisiopris-geht theve ONS USG1IGI1LG > iN Association, in accordance with its Articles and Bylaws, to ep of improving and/or replacing the Common Area and busent of all Lienholders, to mortgage that property; however, ty, Texas, and (ii) written notice of Owner not less than 30 days, nor more ke’right of the Association to make rules and regulations relating to traffic bs uses of private drives on the property and to make rules regarding the use DELEGATION OF USE. Any Owner may delegate, in accordance with the Bylaws and the Ru es, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants or contract purchasers who reside on the property. The Owners hereby covenant that any lease executed on a Lot shall comply with the terms of Paragraph 10.4 and the attached Leasing Policy.

2.3 TITLE TQ THE COMMON AREA. The Declarant conveyed fee simple title to the Common Area to the Association, free and clear of all encumbrances and liens, except easements THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 6 D224138958 Page 7 of 44

Area to the Association, free and clear of all encumbrances and liens, except easements THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 6 D224138958 Page 7 of 44 of record and easements shown upon the final revised plat of the Addition, upon the filing of said plat or Original Declarations, whichever was later to have occurred (“Effective Date”). The Common Area shall remain undivided and shall at all times be owned by the Association or its successors, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Common Area.

2.4 PRIVATESTREETS. The entry gates and streets within the Subdivision are private and constitute a part of the Common Areas which are subject to the jurisdiction of and administration by the Association. In addition to the other provisions appearing within this Arti Il, the Board is specifically authorized to recommend, adopt, implement and en regulations, mechanisms, and procedures governing the use of the entry gate and_stre authority includes but is not limited to the following: (d) implementation of a fine and collect funds from Members fo: (e) publication of disclat on or related to the Comm @) component parts th (g) ahd improvement of streets as reasonably necessary and impose Specie § upon each Owner for their proportionate share of street maintenance.

ARTICLE Iii MEMBERSHIP AND VOTING RIGHTS . BERSHIP. The Association has been established by the filing of its Certificate fmation and is governed by its Certificate of Formation, this Declaration, and the Bylaws.“Cbe~Association has the powers of a nonprofit corporation and a property owners

the filing of its Certificate fmation and is governed by its Certificate of Formation, this Declaration, and the Bylaws.“Cbe~Association has the powers of a nonprofit corporation and a property owners association under the Texas Business Organizations Code, the Texas Property Code, and the Dedicatory Instruments. Every person or entity which is a record owner of any Lot which is subject to the Regular and Special Assessments and other assessments provided herein shall be a Member of the Association. The foregoing is not intended to include persons or entities which hold an interest merely as security for the performance of an obligation or those having only an interest in the mineral estate. No Owner shall have more than one membership for each Lot owned by such Member. Memberships shall be appurtenant to and may not be separated from the ownership of THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 7 D224138958 Page 8 of 44 the Lots. Regardless of the number of persons who may own a Lot (such as husband and wife, or joint tenants, etc.) there shall be but one membership for each Lot. The Directors of the Association must be Members of the Association. Ownership of the Lots shall be the sole qualification for membership. The voting rights of the Members are set forth in the Bylaws of the Association.

Membership is not intended to include persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner’s membership. The rights and privileges of membership, including the right to vote, may be exercised by a Member or the Member’s designated representative.

3.2 VOTING. Each Member shall be entitled to one (1) vote for each Lot of vhi y

eges of membership, including the right to vote, may be exercised by a Member or the Member’s designated representative.

3.2 VOTING. Each Member shall be entitled to one (1) vote for each Lot of vhi y are record Owner(s).

3.4 Roard-of Directors may adopt, amend, and replace the Rules and Regulations from time to time. ‘he)Rules and Regulations bind all Members and residents.

ARTICLE TV COVENANT FOR MAINTENA deed therefore, whether or not it es d covenant and agree to pay to i Paragraphs 4.2 and 4.3, and be secured by a continy co Fich ot .

assessment, plus intergs easonable attorney’s fees, shall also be the personal obligation of the person who was cn me et of the property at the time the assessment fell due. The personal i Chin sSessments shall not pass to an Owner’s successors in title unless WOSE OF REGULAR ASSESSMENTS. The assessments levied by the be used exclusively for the purpose of promoting the recreation, health, safety maintenance of the Property. There shall be a “Regular Assessment” levied by the Association which shall include, but is not limited to, funds to cover actual Common Expenses to ensure the repair, replacement and maintenance of the improvements as provided in Paragraph 7.3 and the Reserve Funds as defined and provided in Paragraph 4.7, or as may from time to time be authorized by the Board of Directors and other maintenance activities or charges required by this Declaration or that which the Board of Directors determines necessary to meet the primary purpose of the Association.

THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGES D224138958 Page 9 of 44 43 BASIS AND PAYMENT OF REGULAR ASSESSMENTS. All Regular Assessments set forth in this Article IV are cumulative and shall be due and payable on or before

ND RESTRICTIONS PAGES D224138958 Page 9 of 44 43 BASIS AND PAYMENT OF REGULAR ASSESSMENTS. All Regular Assessments set forth in this Article IV are cumulative and shall be due and payable on or before the tenth day of each calendar quarter as follows: Each lot Owner shall pay Regular Assessments quarterly. The Regular Assessments shall be paid by all Owners, regardless of, and in addition to, any other assessments. The amount of Regular Assessments may be increased annually in the manner and amounts provided in Paragraph 4.4, below, and in such event each lot Owner shall pay the increased amount.

44 MAXIMUM REGULAR ASSESSMENTS AND INCREASES.

(a) After consideration of Common Expenses, current maintena future needs of the Association, the Board of Directors may fix the Regula at an amount not in excess of the minimum amount necessary to cové anticipated needs.

(b) During each twelve months period beginnj of Directors, at its discretion, may increase the Regular A excess of one hundred ten percent (110%) of the previous twelve months period with the Members entitled to vote at a called meetin at a called meeting or a canvass conducted, as ay levy, in any assessment year (as defined in icable to that year only for the purpose of defraying, in , reconstruction. or unexpected repair or replacement allowed by Paragraph 4.6, tho”?

Paragraph 4.9), a Special Asses . Written notice of any meeting called for the purpose of taking any der Naragraphs 4.4 and 4.5 shall be sent to all Members not less than 30 days pf the Association shall constitute a quorum. If the required quorum is not present, g may be called subject to the same notice and quorum requiremenis. In lieu of a second or any successive meeting, a door to door canvass may be used to obtain the written consent

orum is not present, g may be called subject to the same notice and quorum requiremenis. In lieu of a second or any successive meeting, a door to door canvass may be used to obtain the written consent of sixty-seven percent (67%) of the Owners. The quorum requirements for Owners’ meetings to consider other matters shall be set forth in the Articles and Bylaws of the Association.

4.7 RESERVE FUNDS. The Association shall establish an adequate reserve fund (the “Reserve Fund”) in an amount determined by the Board of Directors from time to time for replacement of all buildings and other items for which the Association has maintenance THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 9 D224138958 Page 10 of 44 responsibility. The Association shall fund the Reserve Fund by allocating to it a portion of the Regular Assessments collected or other revenue received by the Association. The Board of Directors shall determine the portion of assessments and other income that will be allocated to the Reserve Fund and the minimum balance to be maintained. The Reserve Fund shall be held in an account segregated from those funds maintained for current operating expenses, and the Board of Directors shall determine the type of bank accounts into which the Reserve Fund will be deposited.

48 UNIFORM RATE OF ASSESSMENT, Both Regular and Special Assessy ents shall be fixed at a uniform rate for all Lots to which the assessments apply, regardless of ldca and size, and shall commence and be due in accordance with the provisions of Paragrapt (a) The Regular Assessments are due and payable in to the Association in four (4) equal quarterly installments, the amount of tcal year, which shall (b) Except for the first assessment year, the Ass

t (a) The Regular Assessments are due and payable in to the Association in four (4) equal quarterly installments, the amount of tcal year, which shall (b) Except for the first assessment year, the Ass the Regular Assessments at least 30 days in advance Owners are not subject to the foregoing 30\days’ notice requirement and (ii) the Association shall have the right to adjust the-Re Assessment upon 30 days written notice given to each Owner as long as.any adjustment does not exceed the maximum permitted under Paragraph 4.4 (b) al Writtén)gotice of the Regular Assessment shall be sent as soon as is practicable i, eve er Subject thereto cach time it is changed.

or Sergi imageniem agreements entered into by the ? management agreement, it shall be the duty of the cement using a bid process. Any and all Management Association with or Company must be g yseMipon no more than thirty (30) days written. The Management al and responsible party or parties with proven management skills aént with a Management Company without the prior approval (by vote or a of a majority of the Members entitled to cast votes. A copy of all management be available to each Owner to review and shall comply with the foregoing. The Asenclafith Shall record a Management Certificate containing the information required by Section 209.004 of the Code, as hereafter amended and replaced, and amendments to such Management Certificate each time such information changes within the time periods tequited by Section 209.004 of the Code, as hereafter amended and replaced.

THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 10 D224138958 Page 11 of 44 4.11 INSURANCE REQUIREMENTS.

n 209.004 of the Code, as hereafter amended and replaced.

THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 10 D224138958 Page 11 of 44 4.11 INSURANCE REQUIREMENTS.

(a) The Association through the Board of Directors, or its duly authorized agent, shall obtain the following types of insurance policies covering the Common Area and covering all damage or injury caused by the negligence of the Association or any of its agents: (i) property hazard insurance in an amount equal to the full replacement value of the common facilities owned by the Association (including all bpildi service equipment and the like) affording protection against loss or damag and other hazards covered by the standard extended coverage endorgen mischief, windstorm and water damage and any such o customarily be covered with respect to projects similar in copstfustts use; () (ii) a comprehensive general publj Association, with such limits as it may consider a Million Dollars [$1,000,000.00] covering all property damage arising out of a si protection against water damage liab automobiles, liability for property of etfie deems prudent and which is gee af construction, location and usi asurafice insuring the e}(and not less than One personal injury and/or e ch coverage to include liability for non-owned and hired y other coverage the Association (iii) apolicy off part of officers, Dig@stors who handle or : age to protect against dishonest acts on the esjand employees of the Association and all others liabilt an amount determined by the Board to be sufficient protection forthe mbers; and all such policies shall be written on such available forms and contain fotms of endorsements (including additional endorsements) as may be

ed by the Board to be sufficient protection forthe mbers; and all such policies shall be written on such available forms and contain fotms of endorsements (including additional endorsements) as may be queSted from time to time by the Federal National Mortgage Association or other propriate federal mortgage insurance agencies.

(b) Premiums for insurance authorized by this Section shall be a Common Expense payable from Regular Assessments. Liability and personal property insurance for Lots, homes and the contents shall be the responsibility of and the expense of each individual Owner.

In the event of damage or destruction by fire or other casualty to any property covered by insurance written in the name of the Association, the Board of Directors shall, upon receipt of the insurance proceeds, contract to rebuild or repair such damaged or destroyed portions of the THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 11 D224138958 Page 12 of 44 Property to their former condition. The Board of Directors shall advertise for sealed bids with any licensed contractors, and then may negotiate with any contractor, who shall be required to provide a full performance and payment bond for the repair, reconstruction or rebuilding of any building or other facilities which are part of the Common Area of such destroyed building or buildings. In order to handle small jobs expeditiously and efficiently, the Board may depart from the above procedure in the handling of repairs or restoration where the insurance recoverable on account of any one casualty is estimated to be $50,000.00 or less.

In the event the insurance proceeds are insufficient to pay all costs of repairing’ rebuilding any building or other facilities which are part of the Common Area to the

mated to be $50,000.00 or less.

In the event the insurance proceeds are insufficient to pay all costs of repairing’ rebuilding any building or other facilities which are part of the Common Area to the formerly existing, the Board of Directors may levy a Special Assessment against al herein provided, to make up any deficiency.

insurable value shall require the approval of fifty one per to vote (based upon one vote per Lot).

ARTICLE V ASSOCIATION (a) ‘Creation of Lien and Pe the Regular and Special Assessm other fees, fines, charges, ges, fines, interest, attorney’s fees, and all be paid under the Dedicatory Instruments, each Owner of a Lot ip} , by such party's acceptance of a deed thereto, hereby grants to the Assocfe ctual lien on such Lot, which may be foreclosed judicially or non-jfidicgl edited Foreclosure Proceeding, pursuant to the provisions of Sectiox bf the Code and Texas Rules of Civil Procedure Rules 735 and 736 (and ap Lite Fees; Interest. If an assessment or other amount due is not paid within ays of the date when due, then a $20.00 late fee may be added to such assessment or other amount at the Board’s discretion. If an assessment or other not paid within thirty (30) days after the due date, the principal amount of the ment or other amount due shall bear interest from date at the rate of ten percent (10%) per annum.

(c) Notice to Junior Lienholders. The Association may not apply for an Expedited Foreclosure Proceeding or petition for judicial foreclosure unless the Association has: THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 12 D224138958 Page 13 of 44 (i) provided written notice of the total amount for the delinquency giving rise to the foreclosure to any other holder (each, a “Junior Lienholder”) of a

RESTRICTIONS PAGE 12 D224138958 Page 13 of 44 (i) provided written notice of the total amount for the delinquency giving rise to the foreclosure to any other holder (each, a “Junior Lienholder”) of a lien of record on the Lot whose lien is inferior to the Association’s lien and is evidenced by a deed of trust; and (ii) provided the Junior Lienholder an opportunity to cure the delinquency before the 61° day after the date the Association mails the notice described in subsection (i), above.

Notices to the Junior Lienholder must be sent by certified mail to the the Junior Lienholder shown in the deed records relating to the Lot that is Association’s lien.

(d) Expedited Foreclosure Proceeding. The Association nv lien unless it complies with Section 209.0092 of the Code (and anys Generally, that section provides that the Association ma fore Praceéding; provided, the Owner subject to a Expedited Fe Ccloaute Proceeding and instead foreclose the Association’s lien by a Ceursjudgement foreclosing the lien and ordering the sale. After obtaining a court ordefi Kxpedited Foreclosure Proceeding, the Association may proceed with reclosure in compliance with the mandatory provisions of Chapter 51 er applicable law. Owners covered by the Service Members Civil Relief A: ’. Section 3901 et seq.) may be entitled to certain additional protections (ec) Alternati Pursuant to Section 209.062 of the Code, the Association hereby ads € guidelines to establish an alternative payment schedule by which an over tng ¢ partial payments for delinquent Regular or Special Assessments or any i i i Term: The minimum term for a payment agreement shall be three d the maximum shall be eighteen months from the date of the Owner’s for a payment plan. Subject to such minimum and maximum terms, the

i i Term: The minimum term for a payment agreement shall be three d the maximum shall be eighteen months from the date of the Owner’s for a payment plan. Subject to such minimum and maximum terms, the (ii) Any and all alternative payment agreements shall be in writing and signed by the Owner and a duly authorized member of the Board of the Association.

(iii) So Jong as an Owner is not in default under the terms of the payment agreement, the Owner shall not incur additional monetary expenses with respect to the delinquent account; however, the Owner shall be responsible for all interest THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 13 D224138958 Page 14 of 44 accruing during the term of the payment plan as well as reasonable costs associated with administering the payment plan or interest.

(v) Ifthe Owner defaults under a payment plan agreement, the account may immediately be turned over to the Association’s attorney for collection. The Association shall not be required to enter into an alternative payment agreement with an Owner who failed to honor the terms of a previous payment agreement during the two (2) years following the Owner’s default under the preyious alternative payment agreement. At the discretion of the Association, an Owrfe failed to honor the terms of a previous payment agreement may be require Expedited Foreclosure Proceedings under Section 209.0092 of the Association receives a payment from an Owner who is in defauf payment agreement, the Association is not required to app (vi) The Association may reduce o: addressed by this section on an ad hoc basis such fees on future requests.

apply the payment to the owner’s debjin assessment; (b) any current assessm third party collection costs incurred b

reduce o: addressed by this section on an ad hoc basis such fees on future requests.

apply the payment to the owner’s debjin assessment; (b) any current assessm third party collection costs incurred b : saronuiile attorney’s fees or reasonable ation associated solely with assessments i : basis for foreclosure; (d) any reasonable attorney’s fees incurred Withe Axsociation that are not subject to subsection (c); (e) reasonable any fines asgegse bythe owed to the Associat# a he Association is not bound by the foregoing payment application provisiof ot give priority to a fine assessed by the Association over any other amoupt owe i Co are Sale Prohibited in Certain Circumstances. The Association may ten-for debts consisting solely of fines or attorneys’ fees associated with copy charges under its Open Records Policy, or any other item w Lien Filing. The Association has the rights under Section 209.0094 of the &. Ji addition to the right of the Association to enforce the Regular and Special Asséssments and other amounts to be paid under the Dedicatory Instruments, the Association may file a claim of lien against the Lot of the delinquent Owner by recording a Notice of Lien, Lien Affidavit, or other instrument setting forth, as the Association determines (a) the amount of the claim of delinquency, (b) the interest therein, (c) the costs of collection which have accrued thereon, (d) the legal description and street address of the Lot against which the lien is claimed and (e) the name of the Owner. The Notice of Lien shall be recorded in the Official Public Records of Real Property of Tarrant County, Texas, THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 14 D224138958 Page 15 of 44

be recorded in the Official Public Records of Real Property of Tarrant County, Texas, THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 14 D224138958 Page 15 of 44 and is a legal instrument affecting title to a Lot, and shall be prepared by the Association’s attorney. When all amounts claimed under the Notice of Lien and all other costs and assessments which may have accrued subsequent to the filing of the Notice of Lien have been fully paid or satisfied, the Association shall execute and record a notice of satisfaction of the delinquent assessment upon payment by the Owner of a reasonable fee as fixed by the Board of Directors to cover the preparation and recordation of such instrument.

(i) Attorney’s Fees. An Owner is liable to the Association for all costg and reasonable attorney’s fees incurred by the Association in collecting delinquent arkot foreclosing the Association’s lien, and enforcing the Dedicatory Instruments. 0 request from the Owner, the Association will provide copies (appropriate invoices for attorney's fees and other costs relating only to the mattg Association seeks reimbursement of fees and costs.

G) Notice After Foreclosure Sale. The Association required by Section 209.010 of the Code when applicable wi ey notice stating the date and time the sale occurred and informing the k d-eath lienholder of record of the right of the Lot owner and lienholder to redeem the propery under Section 209.010 of Owner's last known mailing addres egied tn the records of the Association, the address of each holder of a lien on thé slije recent deed of trust filed of record_i: Vounty, Texas, and the address of each transferee or assignee of the deed/oft: eseribed above who has provided notice to the

each holder of a lien on thé slije recent deed of trust filed of record_i: Vounty, Texas, and the address of each transferee or assignee of the deed/oft: eseribed above who has provided notice to the Association of such assi: i . (As required in Section 209.010 (a) (3) of the Act, notice provided by é ¢afigferes.or assignee to the Association shall be in writing, shall ansferee or assignee, and shall be mailed by certified mail, return receipt Association accordittg Management Ce address for the eAhe Association sends the notice required by this section, the Association ap affidavit in the Real Property Records of Tarrant County, Texas, stating the stice fequirements of this section also apply to the sale of an Owner's Lot by a sheriff or constable conducted as provided by a judgment obtained by the Association.

(k) Right of Redemption After Foreclosure. Each Owner of a Lot on which the Association conducts a foreclosure sale and each lienholder on such Lot have the right to redemption set forth in Section 209.011 of the Code, with which this section is intended to comply.

THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 15 D224138958 Page 16 of 44 (i) The Association or other person who purchases a Lot that is occupied at a foreclosure sale must commence and prosecute a forcible entry and detainer action under Chapter 24 of the Code to recover possession of the Property.

(ii) | The Owner of the Lot that was foreclosed or a lienholder of record may redeem the Lot from any purchaser at a sale foreclosing the Association’s lien not later than the one hundred eightieth (180th) day after the date the Association mails written notice of the sale to the Owner and the lienholder under Saction

le foreclosing the Association’s lien not later than the one hundred eightieth (180th) day after the date the Association mails written notice of the sale to the Owner and the lienholder under Saction 209.010 of the Code. A lien holder of record may not redeem the Lot as p: herein before ninety (90) days after the date the Association mails the of the sale to the Lot Owner and the lien holder under the Act, and 2 Owner has not previously redeemed.

(iii) | A person who purchases a Lot at a sale foreclosingNite As lien may not transfer ownership of the Lot to a person othe are owner during the redemption period.

(iv) To redeem a Lot purchased by the must pay to the Association the amous (e), as applicable, of the Code.

(vy) Ifa Lot Own sor li€ the purchaser of the Lot at‘ienforé deliver to the redeeming p 209.011(f) of the Code.

anisferring the Lot as required by Section other than the Association purchases the elore executing the deed the purchaser must Section 209.011(j) of the Code.

ion purchases the Lot at the foreclosure sale, all rent ed by the Association from the date of the foreclosure sale he Lot that was redeemed remains subject to all liens and braces on the Lot before the foreclosure sale, and any lease entered into by chaser at the foreclosure sale is subject to the right of redemption provided thig section and Owner’s right to reoccupy the Lot after redemption.

(viii) If a Lot Owner makes partial payment of amounts due the Association at any time before the redemption period expires but fails to pay all amounts necessary to redeem the Lot before the redemption period expires, the Association shall refund any partial payments to the Lot Owner as required under Section 209.01 1(1) of the Code.

pay all amounts necessary to redeem the Lot before the redemption period expires, the Association shall refund any partial payments to the Lot Owner as required under Section 209.01 1(1) of the Code.

(ix) Ifa Lot Owner or lienholder sends by certified mail, return receipt requested, a written request to redeem the Lot on or before the last day of the THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 16 D224138958 Page 17 of 44 redemption period, the Owner’s or lienholder’s right of redemption is extended until the 10" day after the date the Association and any third party foreclosure purchaser provides written notice to the redeeming party of the amounts that must be paid to redeem the Lot.

(x) — After the redemption period (as extended, if applicable) has expired without redemption, the Association or third-party foreclosure purchaser shall record an affidavit in compliance with Section 209.01 1(n) of the Code.

(xi) | The rights of the Owner and lienholder under this sections if the sale of the Lot is conducted by a constable or sheriff as pre judgment obtained by the Association.

(1) Removal of Foreclosure Authority. The right to io property for unpaid amounts due to the Association may be remo sixty-seven percent (67%) of the total votes allocated in she Ass at least ten percent (10%) of all voting interests may pe special meeting to be called for the purposes of taki sseciation and require a r the. purposes of this aytd should this provision be amended or repealed in any form, this se ed to be automatically amended or repealed in accordance therewith.

5.2 SUBORDINATION OF THE LIB M GAGE. The lien securing the assessments provided for herein is subordinite ta thé én} any duly recorded purchase money or

ly amended or repealed in accordance therewith.

5.2 SUBORDINATION OF THE LIB M GAGE. The lien securing the assessments provided for herein is subordinite ta thé én} any duly recorded purchase money or fect the lien. However, the sale or transfer of all extinguish the lien of such assessments as to h sale or transfer, except for its pro-rata share ers. No sale or transfer shall relieve such Lot ftéxDecoming due, according to the terms herein provided.

ARTICLE VI HITECTURAL CONTROL RESTRICTIONS. The Architectural Review Authority (““ARA”) is ering authority for the review and approval of improvements within the with Section 209.00505 of the Code, as hereafter amended and replaced, aws. No Dwelling Unit or other building (including outbuildings for storage alteration erein be “made until the plans and specifications, all in the form and detail the ARA may require, are submitted to the ARA and approved in writing as to harmony of external design, location in relation to surrounding structures and topography and compliance with the Dedicatory Instruments.

6.2 MEMBERS. The ARA consists of at least three (3) persons appointed by the Board, each of whom are not a current Board member, the spouse of a current Board member, or reside THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 17 D224138958 Page 18 of 44 in a current Board member’s household. The Board may remove or replace an ARA member at any time. The ARA members shall serve until replaced by the Board or they resign.

6.3 PLAN REVIEW (a) Procedures.

(i) Complete Submission. Within fourteen (14) days after the submission of plans and specifications by an Owner, the ARA must not submitting Owner of any other documents or information required by theA

i) Complete Submission. Within fourteen (14) days after the submission of plans and specifications by an Owner, the ARA must not submitting Owner of any other documents or information required by theA other information, the submission is deemed complete.

ii. Deemed Approval. Ifthe ARA fails to give peti plans and specifications to the submitting Owner within te complete submission, the submitted plans and specificatj denial shall be deemed given as of the Wa denying plans and specificatio s mg The denial notice must (A) d e explain the changes, if mi g i the Owner that the Owner may request a hearing before the B ediately succeeding subsection on or before the date that is the ‘pyigtte 0 day after the date the notice is given.

ee stfYor Hearing. An Owner may appeal any action of the ARA t to appeal, the Owner must make a written request for a : Board by no later than the thirtieth (30") day after the date the aby the ARA is given. If the request is by an Owner who is not the s, Owner, the appealing Owner must also give written notice to the mitting Owner within the same time period. If no request for a hearing i is given horthirtieth (30") day after the date the denial by the ARA is given, there shall no further right to appeal and the decision of the ARA shall become final and pon-appealable.

(ii) | Holding a Hearing. The Board shall hold a hearing on the timely made appeal by the Owner not later than the thirtieth (30) day after the date the Board receives the Owner’s timely made appeal and shall notify the Owner of the date, time, and place of the hearing not later than the tenth (10") day before the date of the hearing. Only one hearing is required by the Board.

THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 18

g not later than the tenth (10") day before the date of the hearing. Only one hearing is required by the Board.

THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 18 D224138958 Page 19 of 44 (iii) Hearing Proceedings. During the hearing, the Board or the designated representative of the Association and the Owner or the Owner’s designated representative will each be provided the opportunity to discuss, verify facts, and resolve the disapproval of the Owner’s application or request for changes, if any.

(iv) Postponement. The Board or the Owner may request one postponement of the hearing, which shall be granted for a period of not morg than ten (10) days. Additional postponements shall be granted only by agreemenf of the Board and the Owner, (v) Audio Recording. The Owner or the Board may.

recording of the hearing.

(vi) Board Decision. The Board may affirm, modi or in part, any decision of the ARA consistent withthe and all determinations made. Any Owner may dfispect the-records of the ARA and Board, except no Owner may inspect or copy the inter r plan or security system design of any other Owner.

(d) No Liability. The Ags will not be liable to any person submitthn; “that do not conflict with the other Dedicatory pits purpose. These standards are not effective unless ARTICLE VII MAINTENANCE SPONSIBILITY. Except for those maintenance responsibilities of the appe d Dwelling Unit, including, but not limited to, roofs, gutters, trim, fascia, so ayp, curbs, windows/screens, and front doors. Each Dwelling Unit shall have an operation’ oftheir sprinkler system (including automatic operating controls). Moreover, each Owner shall operate the sprinkler system frequently enough to keep the yard, grass, shrubbery, and

have an operation’ oftheir sprinkler system (including automatic operating controls). Moreover, each Owner shall operate the sprinkler system frequently enough to keep the yard, grass, shrubbery, and other plants on the Lot adequately watered. If the need for maintenance or repair of a Dwelling Unit or Lot is caused though the willful or negligent acts of its Owner or through the willful or negligent acts of the family, guests, tenants or invitees of the Owner, any costs of the exterior maintenance performed by the Association in accordance with Paragraph 7.3 shall be added to and become part of the assessment to which such Lot is subject. Notwithstanding anything contained THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 19 D224138958 Page 20 of 44 herein, Owner’s liability for maintenance and repair is limited to that liability Owner would have under Texas law.

(a) Without affecting the interpretation of any other provision of these Declarations, for purposes of Article VH, the terms “Lot” and “Dwelling Unit” shall include but not be limited to all grass, bushes, trees, flowers and other landscaping not in the exterior, unenclosed front yard; fences and gates (both perimeter fences as well as interior fences); and outbuildings. The term “Outbuilding” shall include any all structures whether used for occupancy or storage which are not a part of the Dwelli j structure.

(b)- Without affecting the interpretation of any other pro Declarations, for purposes of Article VI, the term “Maintenance” shall £ limited to mowing yards to eliminate excess growth, trimming bushke appearance and avoid overgrowth, removal and/or replacement of grass or other landscaping, planting of new trees a distance f pts cluding resaonable size

ds to eliminate excess growth, trimming bushke appearance and avoid overgrowth, removal and/or replacement of grass or other landscaping, planting of new trees a distance f pts cluding resaonable size real estate for sale signs posted for NS of the Lot and Dwelling Unit.

and improvements in a manner satisfactorm approval ot majority vote of the Board of Dire IDR Om Directors, the Association, after Cet have the right, through its agents and ain 1 and restore the Lot improvements, The such Lot is subject.

7.3 RESPONSI ment and maintenance, including landscaping, irrigation, mowing a i of improvements located on the Common Areas, including fi 2 e€ts and lighting, security gates and adjacent walls, swimming pool, and equipment.

payment of all fees arising from legal, accounting, management, or ce services rendered on behalf of the Association; and (c) mowing and edging the grass and trimming the shrubbery in the unenclosed portion of the front yard of each Lot.

THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 20 D224138958 Page 21 of 44 ARTICLE VII USE RESTRICTIONS 8.1 RESIDENTIAL USES AND LIMITATIONS. No business activities of any kind shall be conducted in any building or in any portion of any Lot; provided, however, in-home offices may be maintained within Dwelling Units as long as there is no advertising visible from outside the Dwelling Unit and there are no visitors to the Dwelling Unit in connection with the business conducted in the in-home office. Except for the Common Area, the Property is hereby restricted to residential dwellings for residential use only and, after the Effective Date, oe storage or other residential use only when approved by the ARA. The Common Area §

the Property is hereby restricted to residential dwellings for residential use only and, after the Effective Date, oe storage or other residential use only when approved by the ARA. The Common Area § used for any commercial purposes; however, this provision shall not preclude the Asseci requiring a deposit and charging reasonable fees for the use of the recreational or including trailers, motor vehicles, tents, shacks, garages, barns 6 6ther ontbuttd ngs, shall be used i ithe; or permanently.

idential use; Such outbuildings shall be of a location and size such that they cannot be seen by atNndiyidual driving on any street abutting the Lot. Outbuildings shall be covered with a roofjxg mat hich is the same as the roofing material on the Dwelling Unit and shall be sainte A thé sate Color as the Dwelling Unit trim is painted. The exterior covering of an outbuildifig Shall berof a material which does not rapidly deteriorate such as HardiBoard or equal. O dings ‘shall not be located so that rain dripping off of the roof of the outbuilding falls on ¢ perty owned by others and shall further be j ettr fencing so as to allow room for landscape Lot shall be conveyed as a separately designated and o the terms, conditions and provisions hereof.

S. No animals, livestock or poultry of any kind shall be said Lots except that a reasonable number, consistent with a er household pets may be kept, provided that they are not kept, bred ercial purpose and provided that their behavior, such as, excessive dog y or night, does not constitute an annoyance to neighbors of ordinary 8.4 SIGNS. No advertisement signs, billboards, or unsightly objects or nuisances shall be erected, placed or permitted to remain on the Property except as approved by the Board or

eighbors of ordinary 8.4 SIGNS. No advertisement signs, billboards, or unsightly objects or nuisances shall be erected, placed or permitted to remain on the Property except as approved by the Board or required to be allowed under the Code, nor shall the Property be used in any way or for any purpose which may endanger the health or unreasonably disturb the Owner of any Dwelling Unit or any resident thereof. The ARA reserves the right to approve the design and wording of all signs, except as otherwise required to be allowed by applicable law. The Board of Directors reserves the right THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 21 D224138958 Page 22 of 44 to enter in and upon any Lot for the purpose of removing any sign being maintained thereon which has not been approved by the ARA or is not otherwise required to be allowed under State law.

Owners may display on the Owner's Lot one “For Sale” sign of reasonable size. Notwithstanding the foregoing and any other provision of the Dedicatory Instruments, nothing herein (a) prohibits the display or affixing of any religious item to the extent it is protected by Texas Property Code Chapter 202, as amended or repealed, or by other applicable law and (b) prohibits the display by an Owner of signage advertising a candidate or measure for an election to the extent it is protected by Texas Election Code, Chapter 259, as amended or replaced, or by other applicable law.

8.5 VISUAL CONTROLS. All clotheslines, equipment, service yards or stgfag LINES. No fences, hedges or walls shall be erected or maintained upon sa as are installed in accordance with the initial construction of the*buildin, approved by the ARA. Except for the right of ingress and egress e

s, hedges or walls shall be erected or maintained upon sa as are installed in accordance with the initial construction of the*buildin, approved by the ARA. Except for the right of ingress and egress e prohibited and restricted from using any of said Property outside patio area, except as therein provided or as may be allowed the Directors. It is expressly acknowledged and agreed b arties cOncefned that this Paragraph is for the mutual benefit and protection of all Owners of L the GEORGETOWN COMMONS ADDITION.

3 Ofthie Lots are hereby erjor building lines, and aVof the ARA, no exterior television or radio antennas, or satellite dishes (larger than-the minimem necessary for normal and reasonable television reception) of any sort shall be/plaeéd,ailowed or maintained upon any portion of the improvements upon the Property. ptyucture situated upon the Property.

8.8 REA RESTRICTIONS. No parking space on the Property shall, without exp f the Board of Directors, be used for storage of boats, trailers, campers, unused ofGaoperablgAutomobiles or any other items which the Board deems unsightly or inapproprigté, Additional parking regulations are as follows: fight parking on any street or court in the Common Area. The ed “Common Area”. “Overnight Parking” shall mean continuous, arking from Midnight to 6:00 a.m. the next morning.

No storage of motor homes, campers, travel trailers, or other recreational k, storage trailers, utility trailers, boats, other watercraft, vehicles which are able or trailers used to transport personal property shall be allowed to be stored or parked other than temporarily at any time within Georgetown Commons. “Temporarily” shall mean less than twenty-four (24) hours.

(c) Parking at the pool is designated for residents and guests of residents using

her than temporarily at any time within Georgetown Commons. “Temporarily” shall mean less than twenty-four (24) hours.

(c) Parking at the pool is designated for residents and guests of residents using the cabana/pool facility for recreation or attending sanctioned Association meetings.

Parking in this area by those not using the cabana/pool facilities is generally not permitted.

To avoid parking on the street between midnight and 6 a.m., residents may obtain for their THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 22 D224138958 Page 23 of 44 guests a dated hang tag from the Vice President of the Association or any other member of the Board if the Vice President is not available. Vehicles approved for overnight parking in the poolside parking areas must display with an approved “dated hang tag” that has a currently effective date hanging from the rearview mirror with a current date facing the front windshield, or otherwise readable and prominently displayed on the vehicle.

(d) Those who, in the sole discretion of the Board of Directors, continually violate the parking or storage restrictions may have their vehicles, including but not lj to the property described in subparagraph 8.8(b) and (c), towed at the Owner’s exp may be fined, or both.

8.9 ANNOYANCE AND ILLEGAL ACTIVITY. No activity may be £g: any Lot that might reasonably be considered as giving annoyance to neigh sensibilities (including without limitation playing music loudly, barking animals, and emitting other noise that is loud, irritating, vexing, or disturb; calculated to reduce the desirability of the Property as a residex though such activity may be a hobby and not carried on for profit. No y-triay be carried out

is loud, irritating, vexing, or disturb; calculated to reduce the desirability of the Property as a residex though such activity may be a hobby and not carried on for profit. No y-triay be carried out upon any Lot or any portion of the Common Area (including ation illegal drug usage and underage drinking). The Board of Directors of the Assdcidtion’ shall have the sole and 8.10 NON-SOLICITATION. No door-to-do ation is allowed by a non-Owner not by Owners or their family members, ri 4cduaiitahces, Owners or their direct, minor family members and minor grandchildren ma’ door under the following conditions: family.

ARTICLE IX EASEMENTS ACHMENTS. Each Lot and the Property included within the Common o an easement for minor encroachments created by construction, setting, ante ledges, balconies, fences or other protrusions designed or constructed by Declarant afid for the maintenance (if any) of same, so long as it exists.

9.2 ADDITIONAL EASEMENTS. There is hereby created a blanket easement upon, across, over and under said Property for ingress and egress across the private streets for all Owners and for all utility or service companies and/or governmental agencies for installing, but not limited to, water, sewers, gas, telephones, electricity, cable television and a master television antenna system. By virtue of this easement, it shall be expressly permissible for the electric and/or THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 23 D224138958 Page 24 of 44 telephone company and cable company to erect and maintain the necessary poles and other necessary equipment on said Property and to affix and maintain electric and/or telephone wires, circuits and conduits and cable on, above, across and under the roofs and exterior walls of said

d other necessary equipment on said Property and to affix and maintain electric and/or telephone wires, circuits and conduits and cable on, above, across and under the roofs and exterior walls of said Dwelling Units, An easement is, in addition, specifically granted to the United States Post Office, its agents and employee, to enter upon the streets and Lots in the performance of mail delivery or any other United States Post Office services. An easement is further granted to all police, fire protection, ambulance and all similar persons to enter upon the streets and Lots in the performance of their duties, Further, an easement is hereby granted to the Association, its officers, agents, employees or any Management Company duly selected by the Association, to enter into ok over the Common Area and or any Lot to perform the duties of maintenance and repaif pr.

herein. Notwithstanding anything to the contrary contained in this Paragraph, no sewers,éte lines, water lines or other utilities may be installed or relocated on said Property, ¢ programmed and approved by the Declarant or thereafter approved by 9.3 UNDERGROUND ELECTRIC SER acs . Undeétprotiid single phase electric ssaid Lots and to the facilities to be ¢ shall be located on the exterior surfaces of walls at points to be designated b (the . For so long as such underground service is maintained the electric service to eae be uniform and exclusively of the type known» current. Easements for the under are ds areas, provided the Declarant maképpridt a sofice shall be kept clear of all buildings and neither sthe easement shall be liable for any damage done by ASEMENTS. The Association hereby reserves an easement § Lot to remedy a violation of this Declaration or other Association

ll buildings and neither sthe easement shall be liable for any damage done by ASEMENTS. The Association hereby reserves an easement § Lot to remedy a violation of this Declaration or other Association s lowever, the Association may not amend this Declaration or other rant itself additional easements through or over an Owner’s Lot without ARTICLE X GENERAL PROVISIONS 10.1 ENFORCEMENT. The Owners hereby adopt the Enforcement and Fines Policy for Georgetown Commons Homeowners Association, Inc. (“Enforcement Policy”), which is attached hereto as Exhibit “C” and incorporated herein. The Enforcement Policy amends and entirely replaces all previous enforcement and fines policies adopted prior to the recording of this Declaration. In addition to the provisions of the Enforcement Policy, the Association, or any Owner, may enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 24 D224138958 Page 25 of 44 reservations, liens and charges now or hereafter imposed by the provisions of this Declaration, the Bylaws, Articles of Incorporation, and the other Dedicatory Instruments. Failure by the Association or by any Owner to enforce any covenant or restriction contained herein or in any of the other Dedicatory Instruments shall in no event be deemed a waiver of the right to do so thereafter.

10.2. SEVERABILITY. If any provision hereof or of any other Dedicatory Instrument is held to be illegal, invalid or unenforceable under applicable laws, then such provision shall be fully severable, and this Declaration or the other Dedicatory Instrument, as applicable, s al construed and enforced as if such illegal, invalid or unenforceable provision had neve

provision shall be fully severable, and this Declaration or the other Dedicatory Instrument, as applicable, s al construed and enforced as if such illegal, invalid or unenforceable provision had neve a part hereof or thereof. Further, the remaining provisions hereof shall remain in £ herefrom or therefrom. Furthermore, in lieu of such illegal, invalid or unenfo there shall be automatically added as part of this Declaration or the other DEG 10.3. AMENDMENT.

(a) The covenants and restrictio: 5 the land, and shall inure to the be Declarant, its successors or assigns, subject to this Declaration, their respé forceable by the Association, the pwns a Lot, or the Owner of any Lot gal representatives, heirs, successors and 9 is Declaration is recorded, after which time ¢nded for successive periods of ten (10) years.

said covenants shall be aufOmatita 8 e by an instrument signed by Owners entitled This Declaration may beans!

to cast not less than si (b) Q AAS i piu’ of the rights and obligations set forth in this Declaration (for antial destruction or condemnation of the Property) unless at least ASES. The Owners hereby adopt the Leasing Policy for Georgetown Commons N sociation, Inc. (“Leasing Policy”), which is attached hereto aS Exhibit “B” and adopted prior to the recording of this Declaration. In addition, the Board of Directors has the authority to regulate the leasing of property, including Lots and Dwelling Units, at the Property and may issue one or more additional rules and regulations consistent with the Leasing Policy and the other Dedicatory Instruments. The terms of each lease are subject to the provisions of the Leasing Policy and the other Dedicatory Instruments as hereafter amended and replaced, and any

Policy and the other Dedicatory Instruments. The terms of each lease are subject to the provisions of the Leasing Policy and the other Dedicatory Instruments as hereafter amended and replaced, and any additional rules and regulations issued by the Board of Directors. Any violation by a party to a lease of any provision of the Leasing Policy, the other Dedicatory Instruments, or any rules and THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 25 D224138958 Page 26 of 44 regulations adopted by the Board will be a default under the terms of the lease and each lease must expressly provide this.

10.5 GENDER AND GRAMMAR. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or individuals, men or women, in all cases shall be assumed as though fully expressed in each case.

10.66 CONDEMNATION. If all or any part of the property is taken or threatened taken by eminent domain or by power in the nature of eminent domain (whether peymanént temporary), the association shall serve as the exclusive representative of the owne attorney-in-fact hereby appointed, in any proceedings, negotiations, settlements such assistance from attorneys, appraisers, architects, engineers as the Association in its discretion deems necessary or advisable t facts %md-eifcumstances. In the event ortion of the Common Area, the shall have the sole authority to ake any settlement with respect p Authority in lieu of such condemnation And awards shall be determined for such that an action in eminent domain is brought to conde: Association, in addition to the general powers set determine whether to defend or resist any Se

ndemnation And awards shall be determined for such that an action in eminent domain is brought to conde: Association, in addition to the general powers set determine whether to defend or resist any Se thereto, or to convey such property to the ¢ proceeding. With respect to any such em g Declaration and the property dese executed by the Assocja fon € LION"BY COUNTERPARTS. This Declaration may be executed by the erparts and all such counterparts so executed shall together be deemed to agreement when all parties have signed and delivered a counterpart with the oné counterpart had been signed by all parties, and each such partially signed be deemed to be an original.

An existing First Lienholder at the date of the recording of this Declaration shall not be deemed bound by this Declaration unless and until it has executed and acknowledged a counterpart signature page respecting that particular Lot and the same has been recorded in the Deed Records of Tarrant County, Texas as a part of the recording or is thereafter so recorded.

Multiple copies of the Declaration need not be recorded, and it shall be deemed fully effective when there is a copy with sufficient executed and acknowledged signature pages of THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 26 D224138958 Page 27 of 44 individual Lot Owners is recorded in the Real Property Records of Tarrant County, Texas, with or without consents of the First Lienholder.

IN WITNESS WHEREOPF, the Association, acting through its duly authorized President, signed this instrument this ri day of , 2024.

GEORGETOWN COMMON HOMEOWNERS ASSOCIATION, RR Title: President STATE OF TEXAS § TARRANT COUNTY § The foregoing instrument was acknowledg ore me on the 7a day of

d this instrument this ri day of , 2024.

GEORGETOWN COMMON HOMEOWNERS ASSOCIATION, RR Title: President STATE OF TEXAS § TARRANT COUNTY § The foregoing instrument was acknowledg ore me on the 7a day of -; 2024, by aren (illite ident of Georgetown Commons Home Association, Inc. oF bbe wire Ti, ‘Me Re KS we Ls Ss.

= S38 THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 27 D224138958 Page 28 of 44 EXHIBIT “A” Lots 1 through 30 and Lot 55, Block 1, and Lots 1 and 2, Block 2, GEORGETOWN COMMONS, SECTION ONE, and Addition to the City of Arlington, Tarrant County, Texas, according to the Plat recorded in Cabinet A, Slide 1799, Plat Records, Tarrant County, Texas; and Lots 31 through 54, and Lot 56, Block 1; and Lots 3 through 14, Block 2, GEORGETOWN COMMONS, SECTION TWO, an Addition to the City of Arlington, Tarrant County, Texas according to the Plat recorded in Cabinet A, Slide 3627, Plat Records, Tarrant County, Texas.

LOT A AS SHOWN ON SAID PLAT IS INTENTIONALLY OMITTED FROQM\THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS.

EXHIBIT “A” - LEGAL DESCRIPTION PAGE 1 D224138958 Page 29 of 44 EXHIBIT “B” LEASING POLICY FOR GEORGETOWN COMMONS ASOCIATION (ALSO REFER TO ARTICLE IX, PARAGRAPH 9.4 OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GEORGETOWN COMMONS, ADDITION TO THIS POLICY IS APPENDED, FOR ADDITIONAL LEASING POLICIES) property ehounsbatéd by the Third Amended and Restated Declarg Restrictions of Georgetown Commons Addition (“Declaratio appended, located in the Georgetown Commons Subdivision (the the “Property” in the Declaration”); and Subdivision.

NOW, THEREFORE, the following etind is hereby adopted by the Board on behalf of the members of the Association he land and be binding on all Owners and Lots

rty” in the Declaration”); and Subdivision.

NOW, THEREFORE, the following etind is hereby adopted by the Board on behalf of the members of the Association he land and be binding on all Owners and Lots within the Subdivision. This polic ly recorded or implemented policy or guidelines any consideration or benefit, including, but not limited to, rent, fees, services, gratuities, and emoluments.

"Occupant" means tenants or lessees pursuant to a Lease, including their family members, guests and invitees, as applicable.

EXHIBIT “B” — LEASING POLICY PAGE I D224138958 Page 30 of 44 Other capitalized terms used but not defined in this Leasing Policy have the meaning given them elsewhere in the Declaration.

2. Limitation of Leasing to Two (2) Lots in the Subdivision at any Time.

(a) A maximum of two (2) Lois shall be allowed to be Leased at any one time in the entire Georgetown Commons Subdivision. Additionally, Leasing of a Lot is permitted only in strict accordance with this Leasing Policy and the other Dedicatory Instrumepts, as amended and replaced, (b) The Association will keep a record of the Lot(s) that are then being dno€ : GeaSing Policy and the other Dedicatory Instruments. The Association will consiteh multiple applications to Lease a Lot on a first-come, first-served basis. If the Owngy is in compliantgAvith this Leasing Policy and the other Dedicatory Instruments in effect at ime, thé“ASSociation will designate the Owner as being entitled to Lease the Owner’s Lot: ided, however, if the Owner does not enter into a Lease of the Owner’s Lot within 60 h designation, the designation will automatically expire and the Owner m ap Owner’s Lot as a new application.

The Board may establish additional rule: e $ concerning applications to Lease and Leasing.

(c) After an OxfgerLe

ignation will automatically expire and the Owner m ap Owner’s Lot as a new application.

The Board may establish additional rule: e $ concerning applications to Lease and Leasing.

(c) After an OxfgerLe th er’s Lot in compliance with this Leasing Policy I: er will be entitled to renew and extend the Lease and to enter into additjénabLedges forthe Lot in compliance herewith only if: et, the tenant under the Lease, and all Occupants are in is Leasing Policy and the other Dedicatory Instruments, including the payment of all assessments by the Owner; renewed; and (iii) | upon the expiration of the term of each Lease, the Lot is re-leased within ninety (90) days thereafter.

If any of the foregoing does not occur, the Owner will not be entitled to renew and extend the Lease or to enter into an additional Lease for the Lot, and, in order to do so, must reapply as a new application with the Association to Lease the Owner’s Lot as set forth above.

EXHIBIT “B” — LEASING POLICY PAGE 2 D224138958 Page 31 of 44 (d) If an Owner who is Leasing the Owner’s Lot sells the Lot that is subject to the Lease, the right to Lease the Lot shall expire at the end of the then current term of the Lease then in effect for the Lot, plus any then-existing renewal rights that are in writing and part of the Lease which are thereafter validly exercised, and the new Owner of the Lot will not have the right to renew and extend the Lease further or to enter into a new Lease of the Lot. After the expiration of the existing Lease, the new Owner of the Lot must meet the one (1) year occupancy requirement for the Dwelling Unit of the Lot set forth below before the Owner may apply to Lease the Lot.

(e) Notwithstanding the foregoing, in short term emergency situations,

one (1) year occupancy requirement for the Dwelling Unit of the Lot set forth below before the Owner may apply to Lease the Lot.

(e) Notwithstanding the foregoing, in short term emergency situations, at its discretion, may approve a variance to exceed the maximum number of Dwell be leased at one time.

3. Leasing Parameters. In addition to the foregoing, the following restr Lease of a Lot: (a) Prior to Leasing a Lot, the Owner must rq for a minimum of one (1) year before Leasing the Lot.

(b) Each Lease must: (i) be in writing, signed by both the Qwner (or its agent) and the tenant.

Oral Leases are not pamarticgy, (ii) _ be for the entire (iii), provige wi } family, as defined #41 (iv) Dwelling may be occupied by only one single in, and may be used only for residential purposes; east’six (6) months (there is no maximum term limit); Lease; MNS provide that the tenant under the lease and all Occupants of the Lot arckound by this Leasing Policy, as well as the Association’s Rules and Regulation LO er Dedicatory Instruments; (vii) contain the agreement of landlord and tenant under the Lease that e tenant has been advised of the requirements of this Leasing Policy and provided with a copy of or access to this Leasing Policy and the other Dedicatory Instruments; and (viii) contain such other terms as the Association may prescribe from time to time.

EXHIBIT “B” — LEASING POLICY PAGE 3 D224138958 Page 32 of 44 (c) Within 10 days of a Lease being signed, the Owner of the Lot shall provide the Association with the following: (i) the contact information for the tenant(s) under the Lease and all Occupants(s) of the Lot, including the names and phone numbers, and (ii) the commencement date and term of the Lease.

e following: (i) the contact information for the tenant(s) under the Lease and all Occupants(s) of the Lot, including the names and phone numbers, and (ii) the commencement date and term of the Lease.

(d) Subject to the limitations contained herein, if the Owner complies with 4 the requirements of this Leasing Policy and the other Dedicatory Instruments, the Bez give the Owner written permission to enter into Leases of his Lot so long as he/she compliance with the Leasing Policy.

Additional Provisions.

tenant, at a minimum, a physical copy of the Decla Regulations, and this Leasing Policy. On request, the A gate code and Association contact information.

and conditions of the Dedicatory @ Policy as though such Occupant (b) — All Occupants shall be subject to th Mhents which govern the conduct of Instruments, Association’s Rules and Regulations were an Owner. All provisions of the-Dedi¢a Owners of a Lot and which provide forsgnettens ¢ggipst Owners shall also apply to Occupants of a Lot even though such Occupants gre fet Spesifiedlly mentioned.

(c) Each Ownerbeasi p\a Lot agrees to cause his or her tenant and all Occupants of the Lot to comply with FheDs and liable for all violgtfyns an fact that such tenant & >dwelling may be occupied by more than one single family, as defined in acattqn. Further, a Dwelling may only be Leased for residential purposes.

Notwithstanding any other provisions of this Leasing Policy or any of the other Instruments, no Lot may be Leased or otherwise used for transient housing, including but hot limited to, hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, bed and breakfast, vacation rentals, party rentals, boarding house, "Airbpb",

including but hot limited to, hotel, motel, tourist home, tourist house, tourist court, lodging house, inn, rooming house, bed and breakfast, vacation rentals, party rentals, boarding house, "Airbpb", "Home Away", "VRBO", or other short term rental services, and such uses are strictly prohibited and will conclusively be considered a business use prohibited by the Declaration and this Leasing Policy and a violation of the Declaration and the other Dedicatory Instruments.

EXHIBIT “B” — LEASING POLICY PAGE 4 D224138958 Page 33 of 44 (g) Notwithstanding anything contained herein to the contrary, no Lot or Unit Dwelling may be used for a Timeshare Plan or put to Timeshare Use, as those terms are defined in Chapter 221 of the Code, as amended and replaced.

(h) The Leasing of a Lot or any part thereof that is not in compliance with the provisions of this Leasing Policy or the other Dedicatory Instruments constitutes a violation of the Dedicatory Instruments. .

(i) Owners leasing their property are advised to have criminal back d checks and rental history reports performed for new tenants.

(j) | Any exceptions to Section 10.4 of the Declaration or thi shall require a unanimous vote of the Board.

(k) The Board may, in compliance with the Bylawg ; Instruments, appoint a committee and delegate any of its an ibilifies under this Leasing Policy to such committee.

() This Leasing Policy and the Dedicatory with applicable law, including without limitatiefQhapter and shall be construed to be in compliance there intended to comply e Texas Property Code, (m) If any provision hereof. is he! beN , invalid or unenforceable under applicable laws, then such provision gh3 severable, and this Leasing Policy shall

ere intended to comply e Texas Property Code, (m) If any provision hereof. is he! beN , invalid or unenforceable under applicable laws, then such provision gh3 severable, and this Leasing Policy shall be construed and enforced as if such illegal atid or unenforceable provision had never comprised a part hereof. Further, and effect and shall not be ai aife ote its severance herefrom./} provision, there shal similar in its terms and be legal, valid ax légal, invalid or unenforceable provision or by t lieu of such illegal, invalid or unenforceable ¥ added as part of this Leasing Policy, a provision as valid or unenforceable provision as may be possible EXHIBIT “B” — LEASING POLICY PAGE 5 D224138958 Page 34 of 44 EXHIBIT “C” ENFORCEMENT AND FINE POLICY FOR GEORGETOWN COMMONS ASSOCIATION (ALSO REFER TO ARTICLE IX, PARAGRAPH 9.1 OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF GEORGETOWN COMMOQS, TO WHICH THIS POLICY IS APPENDED, FOR ADDITIONAL ENFORCEMENT FINES POLICIES) WHEREAS, the property encumbered by this enforcement and fine poliey Policy") is all of the property encumbered by the Third Amended and Restated Covenants, Conditions and Restrictions of Georgetown Commons Addition i this Enforcement and Fine Policy is appended, located in the Georgetown C: WHEREAS, pursuant to the Dedicatory Instruments Policy to establish a uniform and systematic pro hereby adopted by the Board on NOW, THEREFORE, the following policy é Sails n and and be binding on all Owners and behalf of the members of the Association and Lots within the Subdivision, This policy replacds 2 guidelines that address the subjects contained herzi ethe Dedicatory Instruments, whether listed herein or not, including the right

Association and Lots within the Subdivision, This policy replacds 2 guidelines that address the subjects contained herzi ethe Dedicatory Instruments, whether listed herein or not, including the right addition to other remedies that may be available to the Association pursuant to TeXas law, there are two different types of enforcement procedures that may be followed regarding-vidlations of the dedicatory instruments. These two procedures are outlined in this Enforcement Policy to provide Owners with a better understanding of the process of Dedicatory Instrument enforcement and fines, As set forth below, the type of enforcement procedure followed depends on whether a violation of the Dedicatory Instruments is considered by the Association (1) uncurable and/or poses a threat to public health or safety or (2) curable and does not pose a threat to public health or safety.

EXHIBIT “C” —- ENFORCEMENT AND FINES POLICY PAGE 1 D224138958 Page 35 of 44 The Texas Property Code provides that a violation is considered a threat to public health or safety if the violation could materially affect the physical health or safety of an ordinary resident.

The Association, acting though the Board in its sole discretion, will determine whether a potential violation is considered a threat to public health or safety only for purposes of enforcement under this Enforcement Policy, and the Association and its Board are under no duty to the Owners or anyone else to determine whether a threat to public safety or health exists. It is the responsibility of each Owner (and not of the Association or Board) to assure that the Lot owned by the Owner is safe.

Dedicatory Instruments, requires the Board to take any of the speci herein. The Board has the right, but not the obligation, to evaluate ea

or Board) to assure that the Lot owned by the Owner is safe.

Dedicatory Instruments, requires the Board to take any of the speci herein. The Board has the right, but not the obligation, to evaluate ea to construct improvements or modificat} specifications, and (iv) an ongoing noise yi icatory Instruments, as set forth in more particular in relation to the difficulty, planning and expense detail below. The time pert 6 which shall be determined in the sole discretion of the associated with rectifying the Board. Additionally, éct of the violation on the community when determining the ajion, but in no event shall the Board be responsible or required to that is boflf¢urable and does not pose a threat to public health or safety as follows: (a) COURTESY LETTER: The Association, acting through the Board, has the discretion (but is not required) to send a Courtesy Letter to the Owner of the violation, stating a description of the violation and requesting that the Owner cure the violation within a stated time period. The Association is not required to send a Courtesy Letter.

EXHIBIT “C” - ENFORCEMENT AND FINES POLICY PAGE 2 D224138958 Page 36 of 44 (b) VIOLATION LETTER: After the expiration of the Courtesy Letter, if one is sent, or upon the next inspection, if the violation has not been corrected, a Violation Letter may (but is not required to) be sent to the Owner. Depending on the severity of the violation and/or the history of the Owner, this may be the first letter sent as determined by the Association. The Association is not required to send a Violation Letter. If sent, the Violation Letter will state: (i) A description of the violation(s); (ii) The action required to correct the violation(s); Gii) The time by which the violation must be corrected;

n Letter. If sent, the Violation Letter will state: (i) A description of the violation(s); (ii) The action required to correct the violation(s); Gii) The time by which the violation must be corrected; (iv) That if the violation is not corrected within the tithe the expiration of the time period stated in the Courtesy sent, a Demand Letter may be sent to the O Board. This letter will be sent by certified m: Owner's last known address as shown on the tion's records. The Demand Letter by the United States Postal Service 2 HOM darrfer to the Owner's last known address as shown on the Association's record celtgé by any other method that the Board determines that the Demand Letfef_nje e severity of the violation a adhior th this may be the first lettet sext oP previous violations on the Owner's property, ph a Courtesy Letter and/or a Violation Letter) as (ya charge, or fine and any amount due the Association; Right to Cure: The Owner is entitled to a reasonable period to cure ylation and avoid the fine or suspension; (iii) Time to Cure: A specific date, which must be a reasonable period ‘o cure, by which the Owner must cure the violation. If the Owner cures the violation before the date specified, a fine may not be assessed for the violation; (iv) Right to Request Hearing: Owner may request a hearing before the Board or a designated committee, such request to be made in writing on or before the 30th day after the date the notice was mailed to the Owner, and if the hearing is held before a designated committee, there will be a right to appeal the decision of that committee to the Board upon written notice to the Board; EXHIBIT “C” - ENFORCEMENT AND FINES POLICY PAGE 3 D224138958 Page 37 of 44 (v) Timing and Notice of Hearing: If requested, a hearing shall be held

mittee to the Board upon written notice to the Board; EXHIBIT “C” - ENFORCEMENT AND FINES POLICY PAGE 3 D224138958 Page 37 of 44 (v) Timing and Notice of Hearing: If requested, a hearing shall be held not later than the 30th day after the date the Board receives the Owner's written request for a hearing. Notification of the date, time and place of the hearing will be sent not later than the 10" day before the hearing. If a postponement of the hearing is requested by either the Board or the Owner, it must be granted for a period of not more than 10 days. Any additional postponement may be granted by agreement of the parties. If any Owner chooses to appear at the hearing with counsel, the Owner shall notify the Board a minimum of fourteen (14) days prior to the date of the hearing. The Association and Owner shall follow the procédyres set forth in Section 209.007 of the Texas Property Code, including the prayisi photographs, and communications relating to the matter that the Ag intends to introduce at the hearing at least ten (10) days before thé set forth in the Demand Letter. Fines, suspensiop and other remedies available to the Associatio expiration of the 30-day timeframe provided to (vii) Active Military Duty: may haVe Special rights or relief related to the enforcement action under fe law, including the Servicemembers Civil Relief Act (5 Owner is serving on active AAA Section 501 et seq.), if the reasonable costs i should a or ng Dedicatory Instrument and under Texas Law, to file a lawsuit for damages and junotive relief, and pursuant to Section 202.004(c) of the Texas Property Code, ourt in such a lawsuit may assess civil penalties of up to $200.00 per day for gach violation of a restrictive covenant. After the conclusion of a hearing, or,

n 202.004(c) of the Texas Property Code, ourt in such a lawsuit may assess civil penalties of up to $200.00 per day for gach violation of a restrictive covenant. After the conclusion of a hearing, or, should a hearing not be requested, after the date by which the Owner must request a hearing, per the Board's direction a matter may be sent to legal counsel for the Association; and (ix) Notice of Dedicatory Instrument Violation: A Notice of Dedicatory Instrument Violation may be recorded in the real property records should the violation not be cured within the specified time.

EXHIBIT “C” —- ENFORCEMENT AND FINES POLICY PAGE 4 D224138958 Page 38 of 44 4, Enforcement Regarding Violations that are Uncurable and/or that Pose a Threat to Public Health or Safety.

In the sole discretion of the Board acting on behalf of the Association, Owners may not be given time to cure violations of the Dedicatory Instruments that are considered uncurable and/or pose a threat to public health or safety as determined by the Board in its sole discretion. By way of illustration and not limitation, a violation is considered uncurable if the violation has occurred but is not a continuous action or a condition capable of be remedied by affirmative action. The non-repetition of a one- time violation or violation that is not ongoing is not considered an adequate remedy. By way of j and not limitation, examples of acts considered uncurable set forth in the Texe Instrument.

(a) DEMAND LETTER; Either upon in violation and/or threat to public health or safety, a B Owner. This letter will be sent by certified mail, re last known address as shown on the Associatioh's ¥ sent by any other method of mailing for which’s United States Postal Service or a common shown on the Association's record

sent by certified mail, re last known address as shown on the Associatioh's ¥ sent by any other method of mailing for which’s United States Postal Service or a common shown on the Association's record determines that the Demand Letter m s ry the Owner.

The Demand Letter for ees he dedicatory instruments that are tt eDemand Letter may be also dence of mailing is provided by the ¢ Owner's last known address as fny other method that the Board uncurable and/or pe6>a t ublic health or safety will state: (i) escription of the violation(s) or property damage that is the basis asion action, charge, or fine and any amount due the ing: Owner may request a hearing before the Jig request to be made in writing on or before aftér the date the notice was mailed to the Owner, and if the hearing is g a designated committee, there will be a right to appeal the decision of (iii) Timing of Notice and Hearing: If requested, a hearing shall be held t later than the 30" day after the Board receives the Owner's written request for a hearing. Notification of the date, time, and place of the hearing will be sent not later than the 10 business day before the hearing. If a postponement of the hearing is requested by either the Board or the Owner, it must be granted for a period of not more than 10 days. Any additional postponements may be granted by agreement of the parties. If any Owner chooses to appear at the hearing with counsel, the Owner shall notify the Board a minimum of fourteen (14) days prior to the date of the hearing; EXHIBIT “C” —- ENFORCEMENT AND FINES POLICY PAGE 5 D224138958 Page 39 of 44 (iv) Hearing not Requested: Regardless of whether the owner chooses to request a hearing, fines, suspension of right to use common areas, and other

ENT AND FINES POLICY PAGE 5 D224138958 Page 39 of 44 (iv) Hearing not Requested: Regardless of whether the owner chooses to request a hearing, fines, suspension of right to use common areas, and other remedies available to the Association may be implemented after the mailing of the Demand Letter; (v) Active Military Duty: Owner may have special rights or relief related to the enforcement action under federal law, including the Service Members Civil Relief Act (50 U.S.C.App.Section 501 et seq.), if the owner is serving on active military duty; (vi) Association Remedies: Owner shall be liable fo reasonable costs incurred by the Association. Said attorney's fees charged to the Owner's Assessment Account. Additionally, the but is not obligated to, exercise its self-help remedy pursug: P in the Declaration and any costs associated with the se obligation of the Owner and are supported by e Further, rights to access Common Areas may bf Dedicatory Instrument and under Te 2 ayant for damages and injunctive relief, and pursuant to Sec Code, a court in such a lawsuit ma day for each violation of a yestri matter may be sent to legal séyrx t. Per the Board's direction the Association; and pursuant to Section or use of Common Are 1Aor a previous, similar violation, fines may be implemented be suspended for the subsequent violation without sending (b) Except as set forth in Article V of the Declaration, the Association is not required to enter into a payment plan with an Owner who is delinquent in paying Regular or Special Assessments or other amounts.

7, Fines EXHIBIT “C” — ENFORCEMENT AND FINES POLICY PAGE 6 D224138958 Page 40 of 44 After a Demand Letter (if required) has been sent to the Owner pursuant to the terms set

sessments or other amounts.

7, Fines EXHIBIT “C” — ENFORCEMENT AND FINES POLICY PAGE 6 D224138958 Page 40 of 44 After a Demand Letter (if required) has been sent to the Owner pursuant to the terms set forth above, the Association, acting through the Board, is authorized to impose fines for violations of any provisions of the Dedicatory Instruments governing the Subdivision, as set forth below, according to the Fine Schedule (“Fine Schedule”) attached hereto as Schedule A and incorporated herein. If the violation is a similar subsequent violation of one that has occurred within the previous six (6) months, the fine may accrue as of the first (1st) date of the subsequent violation. The Board shall determine, in its sole discretion, whether or not an Owner's violation(s) of the Dedicatory Instruments affects other Owners in the Subdivision.

Notwithstanding the fine schedule above, the Board has the authority to set the of the fine as it reasonably relates to the violation of the Dedicatory Instruments, te consideration the number of Owners affected by the violation. The Board is heyé to impose lesser or greater fines, or no fine at all, for a violation of the Dedice as determined by the Board i in its sole discretion. Each day that such violz Fines against an Owner will be assessed against the responsible for the actions of all residents, guests and invitee such residents, guests and invitees will also be assessed again: 8. Credit Reporting.

As used herein, “collection agent” means a deb federal Fair Debt Collection Practices Act. A and 209.0065 of the Code (and any successor te which this section is intended to comply.

s defined by Section 803 of the must comply with Sections 209.0064 espect to using collection agents, with llection agency has the authority to report to

r te which this section is intended to comply.

s defined by Section 803 of the must comply with Sections 209.0064 espect to using collection agents, with llection agency has the authority to report to nquent fines, fees, and assessments as follows: aciation may not report any delinquency that is the subject een the Owner and the Association.

pés, and fees of an Owner to a credit reporting agency if: (A) at least business days before reporting a credit reporting agency service, the sociation sends, via certified mail, hand delivery, electronic delivery, or by other sry means acceptable between the parties, a detailed report of all delinquent haryes owed; and (B) the Owner has been given the opportunity to enter into a ayment plan.

(iii) |The Association may not charge a fee to an Owner for reporting to a credit reporting agency under this section; however, the Association may charge an Owner a fee for the fees of the collection agency in compliance with Section 209.0064 of the Texas Property Code, as hereafter amended and replaced.

EXHIBIT “C” — ENFORCEMENT AND FINES POLICY PAGE 7 D224138958 Page 41 of 44 (b) The Association may not hold an Owner liable for fees of a collection agent unless the Association first provides written notice by certified mail, return receipt requested, to the Owner that: (i) specifies the delinquent amount and the total amount of the payment required to make the account current, (ii) describes the options Owner has to avoid having the account turned over to a collection agent, including the availability of a payment plan, (iii) provides at least forty-five (45) days for the Owner to cure the delinquency before further collection action is taken. The notice required in this subsection

the availability of a payment plan, (iii) provides at least forty-five (45) days for the Owner to cure the delinquency before further collection action is taken. The notice required in this subsection may be combined with the notice required in the immediately preceding subsection (c) | Owners are not liable for costs that are dependent or contingent g recovered, or under an agreement that does not require the Association to pay the action taken by the collection agent.

(d) An agreement between the Association and a cojléction agert“may not prohibit an Owner from contacting the Association’s Board off : Agent regarding their delinquency.

(ec) The Association shall not sell or transfe intergst]in accounts receivable except for the purpose of collateral for a loan.

9, Additional Provisions.

(a) This Enforcement Policy of the association to file suit or a Oe, restraining order, temporary or pe dcedures herein do not limit the rights : =o ing or to obtain an award of a temporary tion or other equitable relief, damages, recovery of assessments, aS =o foreclosure, self-help remedy, or other right or remedy.

(b) Boa SS additional rules and regulations concerning enforcement of the Dedieat ents in compliance with the Dedicatory Instruments and applicable law.

iprcement Policy and the Dedicatory Instruments are intended to e law, including without limitation Chapter 209 of the Texas shall be construed to be in compliance therewith.

If any provision hereof is held to be illegal, invalid or unenforceable under p laws, then such provision shall be fully severable, and this Enforcement Policy e gonstrued and enforced as if such illegal, invalid or unenforceable provision had ever. comprised a part hereof. Further, the remaining provisions hereof shall remain in

and this Enforcement Policy e gonstrued and enforced as if such illegal, invalid or unenforceable provision had ever. comprised a part hereof. Further, the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom, Furthermore, in lieu of such illegal, invalid or unenforceable provision, there shall be automatically added as part of this Leasing Policy, a provision as similar in its terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.

EXHIBIT “C” — ENFORCEMENT AND FINES POLICY PAGE 8 D224138958 Page 42 of 44 (ec) This Enforcement Policy shall be provided to the Owners by posting the Enforcement Policy ona publicly available internet website maintained by the Association or by any other method permitted by Section 209.0061 (d) of the Code.

& Ss cS EXHIBIT “C” -- ENFORCEMENT AND FINES POLICY PAGE 9 D224138958 Page 43 of 44 SCHEDULE A SCHEDULE OF FINES Unless a different fine is set by the Board in the Notice of Violation and Demand Letter, fines are imposed as follows: 1* Violation ane Violation i sa Ca ae “$100 CY I a IC 50 Patt a $100 $250 “Other Rules and Reg a. cS SS $50 violations _ Sy $50 Maintenance, Landscaping, Irrig Similar Matters _ Jlv’in serious personal endangerment or a health hazard are subject to od by the Board, and the standard steps in the Enforcement Policy, (1) For continiing violations, the fine structure is as follows: e 30 days after the date of the Courtesy Letter, a fine of $50 will be assessed.

e 30 days, or the time period given, after the date of the first fine, an additional fine of $100 will be assessed.

ws: e 30 days after the date of the Courtesy Letter, a fine of $50 will be assessed.

e 30 days, or the time period given, after the date of the first fine, an additional fine of $100 will be assessed.

e 30 days, or the time period given after the second fine, an additional fine of $250 will be assessed.

SCHEDULE A - SCHEDULE OF FINES PAGE 1 D224138958 Page 44 of 44 e Each 30-day period thereafter, an additional fine of $250 will be assessed.

e Failure to pay a fine may continue to incur late fees on Owner’s account.

For any single occurrence violations, the fine will be as follows: e Another occurrence within 6 months of the Violation Letter will result in a fine of $50.

e The second occurrence within 6 months of the first occurrence will be $100.

e A third occurrence within 6 months of the second occurrence will be $250.

e Until 6 months pass between violations, each new occurrence will result in a Violation Letter, not a warning, and a fine determined by the Board.

After Recording Please Return To: os Georgetown Commons Homeo ia} Inc.

SCHEDULE A — SCHEDULE OF FINES PAGE 2