2020 - 38784 12/28/2020 2:56PM Page 1 of 12 AMENDED AND RESTATED RESTRICTIVE COVENANTS Unof FOR GREATHOUSE ADDITION, SECTION 7, AN ADDITION TO THE CITY OF MIDLAND, MIDŁ COUNTY, TEXAS, ACCORDING TO THE MAP OR PL THEREOF, MIDLAND COUNTY, TEXAS Unofficial Copy Midland County ClerkCORDED IN CABINET I, PAGE 184, OF THE PLAT RECORDS OF STATE OF TEXAS COUNTY OF MIDLAND § PREAMBLE Midland County WHEREAS, Section 7 of the Greathouse Addition is part of Sec. 6, Block X, H.P. Hilliard Survey, Midland County, Texas and more particularly described in Cabinet I, Page 184, Plat Records of Midland County, Texas ("Section 7"); and WHEREAS heretofore Greathouse Addition Section 7, is burdened by the Restrictive Covenants for Greathouse Addition, Section 7, recorded in Document Number 2014-1427, Deed Records, Midland County, Texas; and WHEREAS the undersigned, constituting at least two-thirds (2/3) of the Members of Section 7 desire to amend and restate the foregoing ns with the following covenants and restrictions (the "Amendment") specifying that this provided by law and shall be.
claiming any interest therein NOW signatures Unoffment shall constitute covenants to run with all of the land as Midland County Clerk 1.1 upon all future and current owners and other parties or person Unofficial Copy FORE, by the approval of the required percentage Lot Owners, as evidenced by their Restrictions are hereby amended and restated as follows: Article 1 Definitions Midland County Approved shall mean and refer to favorable action taken by the Association or its duly appointed representatives.
1.2 Association shall mean and refer to the GREATHOUSE HOMEOWNERS ASSOCIATION, an incorporated entity, together with its duly elected and appointed officers and representatives, the
d representatives.
1.2 Association shall mean and refer to the GREATHOUSE HOMEOWNERS ASSOCIATION, an incorporated entity, together with its duly elected and appointed officers and representatives, the members of which shall be all of the Residential Lot Owners, the principal purpose of which is to maintain and provide common community facilities and services respecting Common Areas and easements thereon for the common use and enjoyment of all Residential Lot Owners and residents within the Subdivision. Each Residential Lot Owner, his successors and assigns, shall be a Member of the Association.
1.3 Common Area shall mean present or future Plat of this Mutual benefit of the and Сарх those areas of land so designated and embraced by any and drainage easen Son which are reserved for the common use, enjoyment and Lot Owner and their guests. Common Areas shall also landscaped median areas eluding landscaped median areas licensed from the City of Midland incluficial Copy.
1.4 Parcounty oper shall mean and refer to Los Conchos Ventures, LLC Ltd., Crump Family Partnership, Ltd. of Midland, Texas Midlahouse additions) together with its agents, successors and/or a Midland Clerk to Black Family evious Developer of 2020 - 38784 12/28/2020 2:56PM Page 2 of 12 1.5 Lot shall mean and future Plat of this built. The term Lot, purpenty ficial Copy any numbered tract or parcel of land, embraced by and upon which Approved residential buildings and appurtenances Pot include those parcels and tracts of land designated as esentericial Copy commercial tract on any present or future Plat of the Subdivision. Any Residential owns two Lots with one (1) residence thereon shall be considered the owne membership in the Association and for assessments.
Midland 1.7 y Residential and County
at of the Subdivision. Any Residential owns two Lots with one (1) residence thereon shall be considered the owne membership in the Association and for assessments.
Midland 1.7 y Residential and County Member shall mean and refer to each and every De Areas or Owner who one (1) Lot for Owner in the Subdivision.
Plat shall mean and refer to any recorded plat or replat of the Subdivision embraced by this declaration as filed in the Plat Records of Midland County, Texas.
1.8 Residential Lot Owner shall mean and refer to the record owner, whether one or more persons, firms or corporations, including the Developer, of the fee simple title to any Lot within the Subdivision, but shall not mean or refer to a mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any other lawful proceedings in lieu of foreclosure, or to any licensed builder unless he owns an occupied residence on a Lot.
1.9 2.1 not be of Subdivision shall mean and refer to Greathouse as Platted and described above.
ARTICLE 2 No properk Unofficial Copy Permitted and Prohibited Uses Lot shall beused for any, purpose other than single-family residevork Unofficial Copy term shorter than ninety (90) days. Lots may not be used for kind, except as provided herein.
Midland County No building shall be erected on any residential Lot Lots may outbuildings incidental to and used in connection with excentend Countymercial purposes single-family dwelling and one single-family dwelling. An "outbuilding" shall be defined to include a garage, game room, workshop and other buildings necessary for the convenience and pleasure of the occupants of the single- family dwelling erected on the Lot. All such buildings shall be of a design aesthetically compatible with that of the residence
cessary for the convenience and pleasure of the occupants of the single- family dwelling erected on the Lot. All such buildings shall be of a design aesthetically compatible with that of the residence erected on the Lot. Outbuildings shall not include metal or portable buildings.
2.3 The improvements located on the lots in Greathouse Addition 7 shall consist of single-family dwelling units containing not less than one thousand eight hundred (1,800) square feet of livable floor space, shall be no more than two (2) stories in height and shall have a minimum of one thousand (1,000) square feet of livable floor space on the ground floor.
2.4 No trailer, trailer-house or mobilę.
nor shall any existing house or This paragraph shall not be or builder's field office. Such shall be placed on any Lot for residential purposes Extensions for such of dwellinge be moved on to any Lot for Residential purposes.
the discretion of Reveloper.
2.5 and Midlang County prevent the use of mobile or modular offices as a temporary sale's ce shall not remain on a Lot lilt in excess of twenty-four (24) month may be granted in writing by Developer and granting such the construction of any building has begun, work thereon must Conficial Copy, Is at rosecuted diligently "be completed within a reasonable time. No buildings shall be occupied for residential poses during construction. Further, no garage, shed, tent, trailer, Midianament or temporary building 2020 - 38784 12/28/2020 2:56PM Page 3 of 12 Copy shall not be deemed or constra shall be used for permanent or sary residential purposes; provided, however, that this paragraph to prevent the use of a temporary construction shed during the which shall be profici
deemed or constra shall be used for permanent or sary residential purposes; provided, however, that this paragraph to prevent the use of a temporary construction shed during the which shall be profici of actual construction of Structure on such property, and the use of adequate sanitary toilet fac a sidewalk must 2.6 Midland County Curing such construction. At the time of construction of any building icial Copy a Lot, t along the full street frontages of the Lot in accordance with cityecifications.
graveled or corrugated metal roofs shall be constructed on the onally, if composition roofs are to be placed on any structures hree Dimensional High Definition Laminate Asphalt, 30 year or on a roof may be blue, red, white, or green in color.
described here in.
Midtano Pot, they shall be of 240# shingle material. No shingles 2.7 Garages, which shall be only for the use of the occupants of the resident to which they are appurtenant, may be attached or detached from the residence. A minimum of a two-car garage shall be provided at each residence and all garage openings must face the side yard or rear of the lot with no overhead doors facing the street serving the front of the premises.
2.8 Garbage receptacles shall be in complete conformity with sanitary rules and regulations heretofore or hereafter promulgated by the City of Midland.
2.9 No weeds, underbrush or other unsightly growths shall be permitted to grow or remain on any part of a Lot, and no refuse pile or unsight objects shall be allowed to be placed or suffered to remain thereon.
2.10 No substantial 2.11 Streets vehicles excent no In the elevation of land shall be made on the premises of a Lot.
Crest be used by Residential Lot Owners for parking of their aerk Unofficial Copy County obiles and
ial 2.11 Streets vehicles excent no In the elevation of land shall be made on the premises of a Lot.
Crest be used by Residential Lot Owners for parking of their aerk Unofficial Copy County obiles and occasional or temporary purposes. Occasional or temporary purposes shall mean an two (2) nights in any given week and no more than six (6) ner seeking a variance from this must gain prior written Midlassociation.
2.12 any given month.
al from the homeowners Midland County No boat, recreational vehicle, trailer or inoperative motor vehicle may be kept or stored upon any lot, except within a garage or behind decorative screening fences (which fences shall not exceed a maximum height of eight feet (8')) whereby the boat, recreation vehicle, trailer or inoperative vehicle is visibly screened from all street views. All such garages or decorative screening fences shall be of designs aesthetically compatible with that of the residence located on the lot.
2.13 At least ninety percent (90%) of the exterior wall surface of each residence located on a Lot (excluding doors, windows and exterior glass) shall be of brick, rock, stone, stucco, cement-fiber board, brick veneer, rock veneer or stone veneer.
2.14 Lot.
2.15 Clotheslines or drying yards shall All dwellings shall located on Lots within the street on which the other Lots in the same block front. Dwellingficial Copy Midland clerk cial Copyso located as not to be visible from the street serving a 2.16 No except on I portion of a cul-de-sac shall front toward the curve.
other forms of advertisement shall be permitted upon any small sign, not exceeding five (5) square feet in area, advertising for s or for rent, or one (I) sign used by a builder to advertise the sales period, said size not to exceed sixteen (16) square feet;
mall sign, not exceeding five (5) square feet in area, advertising for s or for rent, or one (I) sign used by a builder to advertise the sales period, said size not to exceed sixteen (16) square feet; subject hereto premises the construction om time to time a political Midrand 2020 - 38784 12/28/2020 2:56PM Page 4 of 12 Unofficial Copy campaign sign, not exceeding two Asquare feet in area. Neighborhood or project identification signs are permissible as well as institutions) student activ 2.17 No Independent School District (and similar private educationcial Copy.
better signs.
to roof didelevision antenna with more than eight (8) square feet of grid area which attains a height in ess above the highest point of the roof shall be permitted. All such back yard. Front yard installations are strictly prohibited.
Midland 18 ations are limited Midland County No in-home child care with more than five (5) children the children of the occupants of the property where they are issible unless the children are cared for.
2.19 No fences shall be permitted within the front setback area. Fences shall not exceed eight (8) feet in height and shall be uniform in nature. No chain link fences shall be permitted in areas visible from the streets serving the Subdivision.
2.20 Landscaping within the front setback area shall be in place within six (6) months of the completion of the first structure on a Lot. The landscaping shall be maintained in a sightly and wellkept manner consistent with a well-kept residential neighborhood. Unless the front setback is xeriscaped, it shall be irrigated by a properly designed underground irrigation system.
3.1 tilities, Easements and Rights of Way All presently cial Cop R reserved to the 3.2 mg casements for utilities or drainage in the Subdivision are
a properly designed underground irrigation system.
3.1 tilities, Easements and Rights of Way All presently cial Cop R reserved to the 3.2 mg casements for utilities or drainage in the Subdivision are ent owners of such easements.
Midlandbdivision, which will interfere with rights of ingress and egress t structures, including walks, fences, paving or planting, shall be erenty Clonofficial Copy 4.1 ferred to in Article 3.1 hereof. All utilities serving the Subdivision ARTICLE4 Additions to Subdivision upon any part of from the easements be underground.
Declarant may add or annex additional real property (from time to time and at any time during the next seven (7) years from the date of this Statement and for an additional seven (7) years if the Declarant so elects by filing an election of record in Midland County, Texas during the initial seven (7) years of the Subdivision) subject to this declaration by filing of record in Midland County, Texas a Supplemental Declaration of Covenants and Restrictions and Covenants of this Declaration to such property; provided, however, that such supplementary declaration may contain such complementary additions and modifications of the Restrictions and Covenants contained in this declaration as may be necessary to reflect the different with the concepts and purposes declaration.
Midland County Clerk Unofficial if any, of the added properties and as are not inconsistent Midland County Clerk Unofficial Copy 2020 - 38784 12/28/2020 2:56PM Page 5 of 12 5.1 Midland Clercial Copy owners ARTICLE 5 Creation, Membership and Rights of Members ") has been created as a non-profit corporation under the laws the power and obligation of perpetually managing and improving and insuring the Common Areas, facilities and
ership and Rights of Members ") has been created as a non-profit corporation under the laws the power and obligation of perpetually managing and improving and insuring the Common Areas, facilities and Association. The GREATHOUSE HOME Clerk Unofficial Copy ASSOCIATION State of Texas which Association shall collect assessments and make disburseme case airaining, repairing, replacing, within this Subdivision. The proceeds, including the payment of all taxes assessed against the Association or the Common Areas owned by the Association, and shall take appropriate disciplinary action concerning delinquent accounts.
5.2 Membership and Voting Upon sale of a Lot subject to these covenants; the purchaser shall automatically become a Member of the Association (unless the purchaser is a licensed builder who does not own an occupied residence on the Lot). For persons already owning a Lot within the Subdivision, including the Developer, such persons shall become Members of the Association unless such persons execute an Election to be excluded from the Association. Membership shall be subject to all provisions of this declaration and to the Association's Articles of Incorporation and Bylaws, as the same may be amended from time to time. The foregoing is not intended to include persons or entities that hold an interest merely as security for the shall not be transferred, pledged or such purchaser), by interstate Ice of an obligation. The membership in the Association other legal process or by Excluded from the Association and person I in any way except of the sale of such Lot (and then only to testamentary disposition, foreclosure of mortgage of record, Anquishment of membership upon the execution of an Election to be e membership in inofficial Copy
of the sale of such Lot (and then only to testamentary disposition, foreclosure of mortgage of record, Anquishment of membership upon the execution of an Election to be e membership in inofficial Copy Any joint owner shall designate to the Association in writing to vote said membership. At the discretion of the Association, no Midlangen entitled on. The record owner of a Lot shall be entitled to one r need to be issued, and if certificates are not issued, membership certificates of hat list of Members kept by the Secretary of the Association.
Notwithstanding the foregoing, the Developer shall be entitled owned by the Developer.
5.3 Midland he of the evidenced by an (3) votes for each platted Lot The Developer Shall Convey Title. The Developer shall convey title to the Common Area, without charge and free of encumbrance, to the GREATHOUSE HOMEOWNERS ASSOCIATION when (a) 75% of the acreage which has been or will be platted for residential use in the Subdivision is occupied by Residential Lot Owners, or (b) January 31, 2016 (whichever occurs soonest), or (c) such earlier time as the Developer deems appropriate.
5.4 Board of Directors. The business and affairs of the Association shall be managed by a board of directors. The number of directors shall be determined by majority vote of the GREATHOUSE HOMEOWNERS ASSOCIATION. At office until the next succeeding annua calendar month time period. Any affirmative vote of the elected for official al election, the Members shall elect directors to hold Midland County Directors shall meet at least once during each three (3) ency occurring in the board of directors may be filled by the the remaining directors. A director elected to fill a vacancy shall of his predecessor in office.
Midland County Clerk Unofficial Copy
(3) ency occurring in the board of directors may be filled by the the remaining directors. A director elected to fill a vacancy shall of his predecessor in office.
Midland County Clerk Unofficial Copy 2020 - 38784 12/28/2020 2:56PM Page 6 of 12 6.1 less Chief Unofficial Copy Midland Counity ARTICLE 6 Clerk Unofficial Copy d Responsibilities of the Architectural Control Committee per shall designate and appoint an Architectural Control qualified persons which shall serve at the pleasure of Developer ger owns any lot in the Subdivision, the Architectural Control Teasure of the Homeowners Association.
6.2 Coun Developer no Mi mitte onsisting of not shall serve at the The Architectural Control Committee must review and approve in writing all of the following projects on the property: 6.3 6.2.1 6.2.2 Construction of any building, fence, wall, or other structure; structure: 6.2.3 Any exterior addition, change or alteration in any building, fence, wall, or other Any landscaping, or grading of any lot or lots; and 6.2.4 Any other items mentioned in this Declaration To obtain approval to do any of the work described in the covenants an owner must submit an application to the Architectural Contronommittee showing the plans and specifications for the proposed work. Such plans and and location, of the proposed 6.4 The Architectural officiations shall detail the nature, shape, height, materials, colors, 6.4.
6.4.2 Midland County 6.5 Clerk Unofficial Copy Committee shall review applications for proposed work in or sure conformity of the proposal with those covenants, Insure harmony of external design in relation to topography.
Midlandin restrictions; structures and An application can be rejected for providing insufficient information. The Committee shall
ovenants, Insure harmony of external design in relation to topography.
Midlandin restrictions; structures and An application can be rejected for providing insufficient information. The Committee shall have broad, discretionary authority, to interpret and apply these standards, in rejecting an application, the Committee may detail the reasons for rejection and suggest how the applicant could remedy the deficiencies.
6.6 Developer and the Architectural Control Committee shall review and approve or disapprove all plans for proposed construction in the Subdivision. Failure by an owner to build on or before 6 months after the date of closing the purchase of a lot from Developer gives Developer the right and option to repurchase such lot for its then appraised value or the purchase price by that owner, whichever is lower. No lot may be resold by an owner in the Subdivision without Declarant having the prior right and option to purchase the provision shall result in the Und Nien against said lot in favor of Developer.
Midland County Clerk cement at its then appraised value. Failure to comply with the ARTICLE 7 Common Areas Ownership, Use and Property Rights this Subdivision shall be owned by the Association for the bene Common Areas and Ownership. The Common Areas designated and ounty Clerk Unofficial Copy, wn on any recorded Plat of the Members within this 2020 - 38784 12/28/2020 2:56PM Page 7 of 12 Subdivision. The costs of perpetual equal basis by all the Members Association.
park, recreation notifcial Coupkeep and improvements thereon shall be borne on an Common Areas shall be restricted to activities and improvement official Copy 7.2 parking and Midland 7.3 Land Use open space uses, including, but not limited to, physical fitness, to auto
borne on an Common Areas shall be restricted to activities and improvement official Copy 7.2 parking and Midland 7.3 Land Use open space uses, including, but not limited to, physical fitness, to auto devices. Recreation centers or private club buildings shall tennis courts, swimming pools and other uses of a similar nature , landscaped areas, outdoor lighting, signs relevant to the of, screening Dedication or Transfer of Fee Title to Common Area Midland ut not be limited to, any individual, corporation, public agency or authority or public utility shall not be made unless the dedication, transfer, purpose, location and conditions thereof are agreed to in an instrument in writing entered into between the parties involved and which is signed by and Approved by vote of two-thirds (2/3) of the Members of the Association and is accepted by representatives of such public entity. Any dedication or transfer of fee title to the Common Areas must also have the prior approval of the City of Midland except where the dedication or transfer is to the City of Midland.
8.1 ARTICLE 8 Assessments and Enforcement Assessments or Charges and and collected from time to assessments for improvements shall be fixed, established the Association as hereinafter provided. Such assessments and special assessments together with such interest and costs of collection shall be a charge on landfficial Copy, shall be a continuing lien created by an money Midland upon the property against which each assessment is made. Any or utility lien for water, sewer and garbage service shall be ahead of all other (subsequent) liens against the property with such interest and cost of collection, shall also be the MidMortgage was the owner of such property at the time of assessment. As purchase vided by the City of
bsequent) liens against the property with such interest and cost of collection, shall also be the MidMortgage was the owner of such property at the time of assessment. As purchase vided by the City of such assessment, bligation of the person equal basis to all Members of the Association. Assessments levices shall be applied on an by the Association shall be used for improvements and maintenance of properties, services and facilities, repair, replacement and additions within the Common Area, including, but not limited to, payment of applicable insurance and taxes, cost of labor, equipment, materials, management and supervision.
8.2 Special assessments for capital improvements in addition to the annual assessments may be authorized by the board of directors in accordance with the Bylaws of the Association for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described improvement upon the Common Area.
8.3 Notices and Due Dates of Assessments. The board of directors of the Association shall specify the due date and amount of assessment at least fifteen (15) days in advance of such due date and shall prepare a roster of the properties and assessments applicable thereto. Written notice of the assessment shall also be mailed to every Residan al Lot Owner at least fifteen (15) days in advance of the specified.
of the board of director de date of any special assessment shall be established by resoluticficial Copy due date of the assessment.
assessment, the the Association. Upon demand by any Residential Lot Owner of directors shall furnish in writing signed by an officer or Association setting forth whether said assessment has been paid. Such certificate evidence Midland County ment.
any Residential Lot Owner of directors shall furnish in writing signed by an officer or Association setting forth whether said assessment has been paid. Such certificate evidence Midland County ment.
Midland County Cle Effect of Non-Payment of Assessment. If the assessments Tor of the conclusive paid when due, then they 2020 - 38784 12/28/2020 2:56PM Page 8 of 12 shall become delinquent and lien against the property whic representatives and personal obligation Copy I bind the hands of the then owner, his heirs, devisees, personficial Copy statutory period Plogether with such interest and cost of collection, become a continuing assumed em.
com transferring the property without the lien. Additionally, howe (the owner to pay such assessment shall remain his personal obligan Pthe personal obligation shall not pass to his successors in title e assessment is not paid within thirty (30) days after the Dear interest from the date of delinquency. The Association owner personally obligated to pay the same, or the Associounty e Yor the expressly date, the assessment shall an action at law against the may foreclose the lien against the property. Costs of preparing and filing the complaint in such action, together with reasonable attorney's fees, shall be added to such assessment, and in the event a judgment is obtained, the judgment shall include interest and attorney's fees, together with the costs of the action. Notwithstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from said assessment, charges or liens.
8.5 Enforcement. The Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the
cement. The Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the Covenants. The Association, by and through its Board, is authorized to adopt rules and regulations setting forth the procedures to be followed in connection with such enforcement and in implementing any fine or penalty as by the Articles of Incorporation or a Covenant will not be deemed, judgment or Court Order: and effect.
8.6 default the Bylaws of the Association. Failure by the Association to enforce of the right to do so. Invalidation of any of these Covenants: Din no way effect any of the other provisions which shall remain in full 6. Clerk Unoffice low, except as otherwise reserved to the Members by law, s last known address, the Association may (i) impose fines upon County Clerk Unofficial Copy or Violation(s). If an Owner of any Lot fails to abide by the Covenants Psuch failure or Owner of the Lot at in amounts determined (iii) suspend the Owner of the ssociation shall not be guilty of any manner of trespass or liability to the Owner in any respect as a result thereof and no Owner shall escape liability for Assessments by virtue of any such action by the Association. The Association may, in its discretion, take a combination of the foregoing actions and taking any one action shall not be deemed to prohibit taking additional action. In the event a violation is not of a continuing nature (i.e., single criminal acts, disruptive behavior requiring third party intervention, and the like), a written notice shall constitute a continuing written notice for such activity. Any further violations shall be deemed a failure or default and
vior requiring third party intervention, and the like), a written notice shall constitute a continuing written notice for such activity. Any further violations shall be deemed a failure or default and subject the Lot owner to enforcement as provided herein.
Midlandues uncured for seven (7) days after written notice thereof mailed t the Association Board or (ii) go upon such Lot and correct the Lot's use of Common Areas, and in any of the foregoing (i)-(iii) defaul The Owner shall be obligated to reimburse the Association for all expenses incurred by it in performing any such work under (ii) above. Fines imposed by the Association Board under (i) above shall be defined and promulgated annually by the Board. eparate schedule of offenses and fines shall be published annually by the Board and shall Contfect until a subsequent publication is made. The schedule of offenses and fines may be revised annual meeting of the Board or at any special meeting of the Board called for the purpose of: the schedule of offenses and fines. Each day shall constitute a offense for purposes of da imposed by the Bathall be secured by a lien against the Lot in the same manner as the A 8.7 the Midland nes ulating any fine. Any default on the payment of the reimbursement parfficial Copy by certified mail, return receipt requested to the last knowCounty Clements.
of Violation. The Association shall provide a notice to each Owner for such Owner in conformance with the laws of the State, Midlan Ras.
Lot that violates address on file with the 2020 - 38784 12/28/2020 2:56PM Page 9 of 12 8.8 Liens. Each Member is obliga Copy a continuing lien on the Lot to pay to the Association ed to pay to the Association the Assessments which are secured by
20 - 38784 12/28/2020 2:56PM Page 9 of 12 8.8 Liens. Each Member is obliga Copy a continuing lien on the Lot to pay to the Association ed to pay to the Association the Assessments which are secured by which the Assessment is made. In addition, each Member is obligated me imposed upon the Owner or Lot for any violation in accordance official Copy these Restrictive Coveants, which shall also be secured by a continuing lien on the Lot fine is made. Ansessment or fine not paid when due will be delinquent. If the Assess against which the delinquency at the rate of the lesser of the maximum amount permitteresant paid within (30) days after the due date, the Assessment or fine will bear notice Midlaffd County ent (10%) per annum, whichever is greater, and the Association Owner personally obligated to pay the Assessment or foreclose the may for fine is not om the date of the applicable law or ten gah action at law against the event, all interest, costs, and reasonable attorneys' fees of any gainst the property, and in either will be added to the amount of the Assessment or fine. Foreclosure of any lien hereunder shall comply with the requirements of the laws of the State of Texas.
9.1 ARTICLE 9 Duration and Enforcement The covenants, restrictions, reservations and servitudes herein set forth shall continue in full force and effect until December 31, 2020, after which time these covenants shall automatically extend for successive periods of ten (10) years unless an instrument is signed by Owners of at least fifty-one percent (51%) of all Lots recorde the Official Public Records of Midland County, Texas which contains and sets forth an agreement to abolish these Covenants, restrictions, and unless made and recorded e reservations, provided agreement to
Official Public Records of Midland County, Texas which contains and sets forth an agreement to abolish these Covenants, restrictions, and unless made and recorded e reservations, provided agreement to abolish the covenants shall not be effective extent this year in advance of any renewal date of these covenants. To the with the provisions of the Restrictions and Covenants Deed of Record land County, Texas, the provisions of this Amendment shall 9.2 Midland restriction herein set forth is declared invalid, the remaining continue in full force and effect. The Declarant or its incidental or consequential damages arising as an outcome of of or failure to comply with these Restrictions and Covenants rest tract.
Clerk tions shall official Copy not be liable for these provisions. Violation affect the validity of any mortgage, bona fide lien or other similar security instrument, which may then exist on oragainst any 9.3 If any person acquiring land or any interest therein in this Subdivision shall violate or attempt to violate any of the restrictions herein set forth before the expiration of these Covenants, it shall be lawful for any other person or persons owning land or any interest therein in said Subdivision to prosecute proceedings in law or equity against any person or persons so violating or attempting to violate such restrictions, either to prevent such violation or such violator from so doing or to recover damages by reason of such violation; provided, however, that such proceedings; if conducted, shall be at the sole cost and expense of the person or persons prosecuting the same.
10.1 ARTICLE 10 Amendments and Extensions subjeUnofficial Copy All of the City or the Midland amendments shall be in accordance with the platting and
nse of the person or persons prosecuting the same.
10.1 ARTICLE 10 Amendments and Extensions subjeUnofficial Copy All of the City or the Midland amendments shall be in accordance with the platting and and those changes and amendments, which relate directly, Areas shall be reviewed and approved by the City of Midland the foregoing, shall be as follows: k Unofficial Copy enactment, and Midland Coatssociation 2020 - 38784 12/28/2020 2:56PM Page 10 of 12 (a) Until at least seventy-fi for residential use these Restric owners percent (75%) of the acreage, which has been or will be platted Subdivision has been sold, the Developer may amend or chang or Covenants and shall not be required to obtain the consent Lots or tracts comprising this area.
Midland County Clerk Unofficial Copy County Clerk Unofficial Copy ytime after at least seventy-five percent (75%) of the acreage portion of the Subdivision, whether as currently exists on or pursuant to Article 4 of this Statement, is owned by in the process of building for personal occupancy on ng the residential ding additions made have built or who are and Covenants set forth herein shall be subje pective tracts, the Restrictions amendment or alteration by the affirmative vote of the owners of two thirds (2/3) of the average subject hereto. Upon any addition or annexation to Greathouse pursuant to Article 4 of this Statement, current ownership shall be calculated on the total average existing after the addition or annexation, including any acreage added or annexed to the residential portion of Greathouse.
Any and all amendments to these Restrictions and Covenants shall be recorded in the office of the County Clerk in Midland County, Texas.
If one or more of the be held to be invalid, unenforceability ARTICLE 11 Enoceable Covenants
se Restrictions and Covenants shall be recorded in the office of the County Clerk in Midland County, Texas.
If one or more of the be held to be invalid, unenforceability ARTICLE 11 Enoceable Covenants or unenforceable in any respect, such invalidity, illesoicial Copy Midland Counted in these Restrictions and Covenants shall, for any reason Dated: any other provision of these Restrictions and Covenants.
,2020.
Midland County Clerk Unof Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2020 - 38784 12/28/2020 2:56PM Page 11 of 12 IN WITNESS WHEREOF, HOMEOWNERS ASSOCIATION, INC. has caused this Amended and Restated Restrict☑ Covenants For Greathouse Addition Section 7 to be executed this 16 day of December, Midland County Clerk Unofficial Copy OF TEXAS COUNTY OF MIDLAND cos cos cos Saeny unty, Clerk Unofficial Copy By Jennifer Saenz, President Greathouse Homeowners Associatio This instrument was acknowledged before me on the 16 day of December, 2020, by Jennifer Saenz, President of the Greathouse Homeowners Association, Inc, a Texas non-profit corporation on behalf of said corporation.
OF PUBLI COLE JENNINGS BRYAN Notary Public, State of Texas!
Comm. Expires 12-23-2021 Co Notary Public State of Texas Not CERTIFICATE OF COMPLIANCE WITH ARTICLE 10.1 OF THE RESTRICTIVE COVENANTS A copy of this Amended and provided to each resident of Covenants, an affirmative and/or alter the OTARY OF BL TEXA COLE JENNINGS BRYAN Notary Public, State of Texas Comm. Expires 12-23-2021 Notary ID 128133759 Addition Section 2. Pursuant to Section 10.1 of the Restrictive, A copy of the stricouse Covenants For Greathouse Addition Section 7 were Covenants as contained in the Amended and Restated Restrictive Covenofficial Copy Midland nerssociation, Inc.
the Restrictive, A copy of the stricouse Covenants For Greathouse Addition Section 7 were Covenants as contained in the Amended and Restated Restrictive Covenofficial Copy Midland nerssociation, Inc.
of at least 2/3 of the membership in Section 7 voted in favor to amend of the affirmative vote of the members is kept with the records of the oathouse $Saen Midland County By Jennifer Creatho President Homeowners Association, Inc.
Before me, the undersigned Notary Public, on this day personally appeared Jennifer Saenz, President of the Greathouse Homeowners Association, Inc, a Texas non-profit corporation, known to me to be the person and officer whose name is subscribed on the foregoing instrument and who acknowledged to me that the same was the act of the corporation, and that she has executed the same as the act of such corporation for the purposes therein expressed, and in the capacity stated therein.
Given under my hand and seal of office this 16 day of December, 2020.
NOTARY PUB!!
COLE JENNINGS Notary Public, State Comm. Expires 23-2021 28133759 Midland County Copy Cole J Br Notary Public, State of Texas Midland County Clerk Unofficial Copy 2020 - 38784 12/28/2020 2:56PM Page 12 of 12 Midland County Clerk Unofficial Copy Instrument Number: 38784 Recorded On: December 28, 2020 02:56 PM Midland County Alison Haley Midland County Clerk Midland County Clerk Unofficial Copy Real Property Recordings Total Recording: $66.00 Number of Pages: 12 "Examined and Charged as Follows: " Midland County Clerk Unofficial Copy File Information: Midland County Clerk Unofficial Copy Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
nformation: Midland County Clerk Unofficial Copy Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
Document Number: 38784 Receipt Number: 20201228000175 Recorded Date/Time: December 28, 2020 02:5 User: Station: COUNTY COUR Clarisa S Clerk Unofficial Copy CC10297 Midland County Midland COUNTATE OF TEXAS LAND TEXAS COUNTY T Record and Return To: COLE BRYAN 713 DORAL CT MIDLAND TX 79705 Mimbar SeqClerk Unofficial Copy I hereby certify that this Instrument was filed in the File printed hereon, and was duly recorded in the Official Alison Haley Midland County Clerk Midland County, TX on the date/time "Midland County, Texas Alison Haley