2020 - 38781 12/28/2020 2:56PM Page 1 of 11 AMENDED FOR GREATHOUSE MIDLAND, MIDA offic ED RESTRICTIVE COVENANTS THEREOF, SECTION 8, AN ADDITION TO THE CITY OF COUNTY, TEXAS, ACCORDING TO THE MAP OR PL MIDLAND COUNTY, TEXAS Midland County ClerKORDED IN CABINET E, PAGE 367, OF THE PLAT RECORDS, TATE OF TEXAS COUNTY OF MIDLAND § PREAMBLE Midland County County Clerk Unofficial Copy WHEREAS, Section 8 of the Greathouse Addition is part of Sec. 6, Block X, H.P. Hilliard Survey, Midland County, Texas and more particularly described in Cabinet E, Page 367, Plat Records of Midland County, Texas ("Section 8"); and WHEREAS heretofore Greathouse Addition Section 8, is burdened by the Restrictive Covenants for Greathouse Addition, Section 8, recorded in Volume 2358, Page 438, Deed Records, Midland County, Texas; and WHEREAS the undersigned, constituting at least two-thirds (2/3) of the Members of Section 8 desire to amend and restate the foregoing hs with the following covenants and restrictions (the "Amendment") specifying that this Amendment shall constitute covenants to run with all of the land as provided by law and shall be upon all future and current owners and other parties or person Unofficial C claiming any interest therein NOW signatures Restrictions are hereby amended and restated as follows: Midland Count FORE, by the approval of the required percentage Lot Owners, as evide 1.1 Article 1 Definitions Approved shall mean and refer to favorable action appointed representatives.
Midland County Clerk Unofficial Copy by their aken by the Association or its duly 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
iation or its duly 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 copi those areas of land so designated and embraced by any landscaped median are ision which are reserved for the common use, enjoyment mad and drainage case 1.4 county Lot Owner and their guests. Common Areas shall also landscaped median areas licensed from the City of Midland Oper shall mean and refer to Black Family Partnership, Ltd., Brighton Country Development, LLC, and Los Conchos Ventures other with its agents, successors and/or assigns.
Midland Midland Unofficial Copy ummily Partnership, of Midland, Texas, 2020 - 38781 12/28/2020 2:56PM Page 2 of 11 1.5 Lot shall mean and re Unofficial Copy future Plat of this Subdiv any numbered tract or parcel of land, embraced by and presents upon which Approved residential buildings and appurtenances built. The term Lot shall not include those parcels and tracts of land designated as Commo official Copy commercial tracts on any present or future Plat of the Subdivision. Any Residential owns two membounty Midland 1.7 Areas or Owner who with one residence thereon shall be considered the owner of one for purposes of
acts on any present or future Plat of the Subdivision. Any Residential owns two membounty Midland 1.7 Areas or Owner who with one residence thereon shall be considered the owner of one for purposes of in the Association and for assessments.
y Residential and County ( Member shall mean and refer to each and every 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 Perk Unofficial Copy Permitted and Prohibited Uses Lot shall beused for any, purpose other than single-family resideverk Unofficial Copy term shorter than ninety (90) days. Lots may not be used for cer kind, except as provided herein.
Midland County Lots may No building shall be erected on any residential Lot ' outbuildings incidental to and used in connection with exceptand 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
ng. 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 erected on the Lot. Outbuildings shall not include metal or portable buildings.
2.3 The improvements located on the lots in Property 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 two hundred (1,200) square feet of livable floor space on the ground floor. Exceptions to this rule may be approved by an architectural control committee. The said committee is here by established by these covenants and its members shall be initially appointed by been sold then the duties and homeowners association structure, building, fence, architectural control such construction 2.4 Midland One architectural control committee shall be governed by the established. All plans, remodels, additions, or alterations of any Milding, cabana, pool, or other improvements shall be reviewed by before construction commences. The committee must Unofficial Copy County Cler the developer. After 75% of the lots in the subdivisie hers or improvement before any construction or improvement ca Faller, trailer-house or mobile home shall be placed on any Lot any mmence.
I any existing house or dwelling structure be moved on to any county Clerk paragraph shall not be deemed to prevent the use of mobile or: dential purposes Residential purposes.
Mic offices as a temporary sale's 2020 - 38781 12/28/2020 2:56PM Page 3 of 11 Unofficial Copy
lerk paragraph shall not be deemed to prevent the use of mobile or: dential purposes Residential purposes.
Mic offices as a temporary sale's 2020 - 38781 12/28/2020 2:56PM Page 3 of 11 Unofficial Copy or builder's field office. Such office all not remain on a Lot lilt in excess of twenty-four (24) months.
Extensions for such office the discretion of Develop 2.5 granted in writing by Developer and granting such extension is Once the struction of any building has begun, work thereon must be prosclerk Unofficial Copy and must purpasmpleted within a reasonable time. No buildings shall be construction. Further, no garage, shed, tent, trailer, Midland be used for permanent or temporary residential purposes; p diligently tractson of any structure on such property, and NATIS for residential shall not be deemed or construed to prevent the use of a temporary temporary building that this paragraph shed during the period of adequate sanitary toilet facilities which shall be provided during such construction. At the time of construction of any building on a Lot, a sidewalk must be built along the full street frontages of the Lot in accordance with city specifications.
2.6 2.7 No graveled or corrugated metal roofs shall be constructed on the Lots described here in.
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 heretofore or hereafter promulgated plete conformity with sanitary rules and regulations 2.9 No weeds, part of a Lot, and no
street serving the front of the premises.
2.8 Garbage receptacles shall be heretofore or hereafter promulgated plete conformity with sanitary rules and regulations 2.9 No weeds, part of a Lot, and no City of Midland.
other unsightly growths shall be permitted to grow or remain pile or unsightly objects shall be allowed to be placed or Midland County Copy thereon.
2.10 r suffered to substantial changes in the elevation of land shall be made on the the mounty of a Lot.
ses Midland County Streets shall not be used by Residential Lot Owners for ng of their automobiles and or temporary purposes shall mean no more than two (2) nights in any given week and no more than six (6) nights in any given month.
Any Owner seeking a variance from this must gain prior written approval from the homeowners association.
vehicles except for occasional or temporary purposes. Occasio 2.12 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 (8) feet 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 (excluding doors, windows and or stone veneer.
2.14 Lot.
2.15 shall be of brick, rock, stone, brick veneer, rock veneer Clerk Moss: ricoexterior wall surface of each residence located on a Lot Clotheslines Copy Clerk Unofficial Copy ing yards shall be so located as not to be visible from the street ate Quellings shall face the street on which the other Lots in the same k Midland Midland
Lot Clotheslines Copy Clerk Unofficial Copy ing yards shall be so located as not to be visible from the street ate Quellings shall face the street on which the other Lots in the same k Midland Midland front. Dwellings a 2020 - 38781 12/28/2020 2:56PM Page 4 of 11 2.16 No signs or other except one (1) small for sale or for rent, Copy exceeding five (5) square feet in area, advertising the particular pericial Copy.
and sales perion form advertisement shall be permitted upon any of the Lots subject campaign are Midland County one (I) sign used by a builder to advertise the property during the es I size not to exceed sixteen (16) square feet; and from time to the struction not exceeding two (2) square feet in area. Neighborhood or No radio or television antenna with more than eight (8): a political a height in excess above the highest point of the roof shall be per jetentification signs to roof and back yard. Front yard installations are strictly prohibited.
eet of grid area or which attains All such installations are limited 2.18 No in-home child care with more than five (5) children is permissible unless the children are the children of the occupants of the property where they are being 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 premises.
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 underground irrigation systeme landscaping shall be maintained in a sightly and wellkept manner consistent with a we kept residential neighborhood and shall be irrigated by any Midland County Clerk Unoff
ground irrigation systeme landscaping shall be maintained in a sightly and wellkept manner consistent with a we kept residential neighborhood and shall be irrigated by any Midland County Clerk Unoff ARTICLE3 Streets, Utilities, Easements and Rights of Way Midland County Clerk Unofficial Copy All presently existing casements for utilities or drainage in the eserved to the present owners of such easements.
3.2 are hereby No structures, including walks, fences, paving or planting, shall be erected upon any part of the Subdivision, which will interfere with rights of ingress and egress to and from the easements referred to in Article 3.1 hereof. All utilities serving the Subdivision shall be underground.
4.1 ARTICLE4 Additions to Subdivision 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 (7) years of the Subdivision) subject to a Supplemental Declaration property; provided, declaration by filing of record in Midland County, Texas and Restrictions and Covenants of this Declaration to such additions and modicower cord in Midland County, Texas during the initial seven t such supplementary declaration may contain such conofficial Copy necessary to reflect with the Midland County ons of the Restrictions and Covenants contained in this declaration different character, if any, of the added properties and as are and purposes of this declaration.
Midland County y be consistent 2020 - 38781 12/28/2020 2:56PM Page 5 of 11 5.1 On' Unofficial Cop ARTICLE 5 ciation Creation, Membership and Rights of Members Owners Association. The GREATHOUSE Clerk Unofficial Copy proving and insuring the Common
28/2020 2:56PM Page 5 of 11 5.1 On' Unofficial Cop ARTICLE 5 ciation Creation, Membership and Rights of Members Owners Association. The GREATHOUSE Clerk Unofficial Copy proving and insuring the Common Areas, facilities and clerk Unofficial Copy, Midikų has been created as a non-profit corporation under the laws the power and obligation of perpetually managing and Association shall collect assessments and make disbursement ASSOCIATION State of Texas which 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 alience of an obligation. The membership in the Association such purchaser), by interstate other legal process or by the Excluded from the Association and officiarc ted in any way except of the sale of such Lot (and then only to testamentary disposition, foreclosure of mortgage of record,
e other legal process or by the Excluded from the Association and officiarc ted in any way except of the sale of such Lot (and then only to testamentary disposition, foreclosure of mortgage of record, quishment of membership upon the execution of an Election to be person entitle sociation. The record owner of a Lot shall be entitled to one membership in Anofficial Copy Mid embersh te. Any joint owner shall designate to the Association in writing the Vote said membership. At the discretion of the Association, no need to be issued, and if certificates are not issued, membership Certificates of 1st of Members kept by the Secretary of the Association.
Notwithstanding the foregoing, the Developer shall be entitled owned by the Developer.
5.3 "Midland of the evidenced by an 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, 2013 (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 each, office until the next succeeding annual m Ng. Directors shall meet at least once during each three (3) calendar month time period. Any va cy occurring in the board of directors may be filled by the affirmative vote of the the remaining directors. A director elected to fill a vacancy shall be of his predecessor in office.
period. Any va cy occurring in the board of directors may be filled by the affirmative vote of the the remaining directors. A director elected to fill a vacancy shall be of his predecessor in office.
elected for the unexpecial Coual election, the Members shall elect directors to hold Midland County Clerk Uno!
or Midland County Clerk Unofficial Copy 2020 - 38781 12/28/2020 2:56PM Page 6 of 11 6,1 of this Clerk Unofficial Copy ARTICLE6 mon Areas Ownership, Use and Property Rights Areas and Ownership. The Common Areas designated and shown The costs of perpetual maintenance, upkeep and improvement the Unofficial Copy Midland on shall be owned by the Association for the benefit of t basis by all the Members of the Association.
any recorded Plat within this shall be borne on an 6.2 Land Use Within the Common Areas shall be restricted to activities and improvements related to park, recreational and open space uses, including, but not limited to, physical fitness, designated auto parking clusters, landscaped areas, outdoor lighting, signs relevant to the development thereof, screening and fencing devices. Recreation centers or private club buildings shall include, but not be limited to, cabanas, tennis courts, swimming pools and other uses of a similar nature and character.
6.3 Dedication or Transfer of Fee Title to Common Areas 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 title to the Common Areas must dedication or transfer is to the Cit
arties 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 title to the Common Areas must dedication or transfer is to the Cit the prior approval of the City of Midland except where the Midland.
ARTICLE7 Midland County Clerk of such public entity. Any dedication or transfer of fee Assessments or Charges and special assessments for improvements County Clerk Unofficial Copy 7.1 Assessments and Enforcement collected from time to time by the Association as hereinafter special assessments together with such interest and costs of be fixed, established shall be a charge on land and shall be a continuing lien upon the property against which each assessment is made. Any continuing lien created by an assessment pursuant to Sections 7.1 and 7.2 shall be a second lien behind and purchase money mortgage lien, or utility lien for water, sewer and garbage service provided by the City of Midland, but shall be ahead of all other (subsequent) liens against the property. Each such assessment, together with such interest and cost of collection, shall also be the personal obligation of the person who was the owner of such property at the time of assessment. Assessments shall be applied on an equal basis to all Members of the Association. Assessments levied 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.
7.2 Tha Rificia Special assessments for capital inprovements in addition to the annual assessments may be
plicable insurance and taxes, cost of labor, equipment, materials, management and supervision.
7.2 Tha Rificia Special assessments for capital inprovements in addition to the annual assessments may be authorized by the board of director accordance with the Bylaws of the Association for the purpose of defraying, in whole or in the cost of any construction or reconstruction, unexpected repair replacement of a describe improvement upon the Common Area.
7.3 the due prepa Notices 1% ost werk Midland Unofficial Copy Miclerk Unofficial Copy Due Dates of Assessments. The board of directors of the and amount of assessment at least fifteen (15) days in advance of: of the properties and assessments applicable thereto.
also be mailed to every Residential Lot Owner at least fifteen specify the date and shall of the assessment Min advance of the specified 2020 - 38781 12/28/2020 2:56PM Page 7 of 11 due date of the assessment. The of the board of directors of the assessment, the board evidence of paym Association setting forth wher 7.4 Midland County of any special assessment shall be established by resolution Upon demand by any Residential Lot Owner liable Dectors shall furnish in writing signed by an officer or director said assessment has been paid. Such certificate shall County Clerk Unofficial Copy clusive Rect of Non-Payment of Assessment. If the assessments are not when due, then they Become delinquent and together with such interest and cost of en against the property which shall bind the hands of the then representatives and assigns from transferring the property with codection, become a continuing his heirs, devisees, personal the lien. Additionally, however, the personal obligation of the owner to pay such assessment shall remain his personal obligation for the
h codection, become a continuing his heirs, devisees, personal the lien. Additionally, however, the personal obligation of the owner to pay such assessment shall remain his personal obligation for the statutory period and the personal obligation shall not pass to his successors in title unless expressly assumed by them.
If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency. The Association may bring an action at law against the owner personally obligated to pay the same, or the Association 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 improvem devoted to dwelling use shall be exempt from said assessment, charges or liens.
7.5 all restrictionofficial Enforcement. The Nation shall have the right to enforce, by any proceeding at law or in equ covenants, reservations, liens and charges now or hereafter provisions of the regulations Jenants. The Association, by and through its Board, is authorized to posed official Copy any fine or penalty as outlined below, except as otherwise reserved Midunting forth the procedures to be followed in connection with such, the rules and s of Incorporation or by the Bylaws of the Association. Failure buncement and in Covenant will not be deemed a waiver of the right to do on 06 judgment or Court Order shall in no way effect any of the other and effect.
Members by law, the Association to enforce of any of these Covenants by
will not be deemed a waiver of the right to do on 06 judgment or Court Order shall in no way effect any of the other and effect.
Members by law, the Association to enforce of any of these Covenants by which shall remain in full force 7.6 Fines for Violation(s). If an Owner of any Lot fails to abide by the Covenants and if such failure or default continues uncured for seven (7) days after written notice thereof mailed to the Owner of the Lot at the Owner's last known address, the Association may (i) impose fines upon the Lot in amounts determined by the Association Board or (ii) go upon such Lot and correct the default, or (iii) suspend the Owner of the Lot's use of Common Areas, and in any of the foregoing (i)-(iii), the Association 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 intervention, and the like), a written notice shall constitute a continuing written notice for subject the Lot owner to Copy ent as provided herein.
Clerk UnofICIty. Any further violations shall be deemed a failure or default and The Owner shall be any such work Midlan eigated Merk Unofficial Copy to reimburse the Association for all expenses incurred by it '(ii) above. Fines imposed by the Association Board under (i) ed annually by the Board. A separate schedule of offenses and by the Board and shall continue in effect until a subsequent be defined
y it '(ii) above. Fines imposed by the Association Board under (i) ed annually by the Board. A separate schedule of offenses and by the Board and shall continue in effect until a subsequent be defined hall be published The schedule of Mblicatiorforming enses and fines may be revised at any annual meeting of the Board or special meeting of the Board Midi 2020 - 38781 12/28/2020 2:56PM Page 8 of 11 called for the purpose of revising offense for purposes of calcuk imposed by the Board shall 7.7 Copy 18 any fine. Any default on the payment of the reimbursement or secured by a lien against the Lot in the same manner as the Assessm Unofficia schedule of offenses and fines. Each day shall constitute a separate Notice elation. The Association shall provide a notice to each Owner of any Assocoty the Covenal by certified mail, return receipt requested to the last known for such Owner in conformance with the laws of the State of Texas a continuing lien on the Lot against which the Assessment is mainland Clerk oficial Copy Midland Liens. Each Member is obligated to pay to the Association t that violates on file with the sessments which are secured by In addition, each Member is obligated to pay to the Association any fine imposed upon the Owner or Lot for any violation in accordance with these Restrictive Covenants, which shall also be secured by a continuing lien on the Lot against which the fine is made. Any Assessment or fine not paid when due will be delinquent. If the Assessment or fine is not paid within thirty (30) days after the due date, the Assessment or fine will bear interest from the date of the notice of delinquency at the rate of the lesser of the maximum amount permitted by applicable law or ten
ty (30) days after the due date, the Assessment or fine will bear interest from the date of the notice of delinquency at the rate of the lesser of the maximum amount permitted by applicable law or ten percent (10%) per annum, whichever is greater, and the Association may bring an action at law against the Owner personally obligated to pay the Assessment or foreclose the lien against the property, and in either event, all interest, costs, and reasonable attorneys' fees of any such action 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.
8.1 ARTICLE 8 The cork Unofficial Copy force and Duration and Enforcement , restrictions, reservations and servitudes herein set forth shall comerk Unofficial Copy December 31, 2020, after which time these covenants shall in full exteve periods of ten (10) years unless an instrument is signed s (2/3) of all Lots recorded in the Official Public Records of MidOnomatically Midlantains Contains and sets forth an agreement to abolish these Covenants, provided however, that this agreement to abolish the covenants Owners of at least County, Texas which stions, and reservations, not be effective unless made and recorded one (1) year in advance of any renewal date of these covenants. To the extent this Amendment conflict with the provisions of the Restrictions and Covenants recorded at the Deed of Records of Midland County, Texas, the provisions of this Amendment shall govern.
8.2 If any restriction herein set forth is declared invalid, the remaining restrictions shall nevertheless continue in full force and effect. The Declarant or its employees shall not be liable for
rn.
8.2 If any restriction herein set forth is declared invalid, the remaining restrictions shall nevertheless continue in full force and effect. The Declarant or its employees shall not be liable for any incidental or consequential damages arising as an outcome of any of these provisions. Violation of or failure to comply with these Restrictions and Covenants shall not affect the validity of any mortgage, bona fide lien or other similar security instrument, which may then exist on oragainst any tract.
8.3 If any person acquiring to violate any of the restrictions lawful for any other person prosecute violate such restrictio damages by be at the Midland Cit interest therein in this Subdivision shall violate or attempt Rom set forth before the expiration of these Covenants, it shall be persons owning land or any interest therein in said Subdivision to aw or equity against any person or persons so violating or attemptinnofficial Copy either to prevent such violation or such violator from so doing recover of such violation; provided, however, that such proceedings; if chall cost and expense of the person or persons prosecuting the same.
Midland County 2020 - 38781 12/28/2020 2:56PM Page 9 of 11 ARTICLE 9 Midland County Clerk Unofficial Copy 9.1 of Amendments and Extensions County Clerk Unofficial Copy anges and amendments shall be in accordance with the platting of Midland, and those changes and amendments, which relate subjeommon Areas shall be reviewed and approved by the City of County to the foregoing, shall be as follows: ning procedure to the Association Midlandand before enactment, and (a) Until at least seventy-five percent (75%) of the acreage, which has been or will be platted for residential use in the Subdivision has been sold, the Developer may amend or change
e enactment, and (a) Until at least seventy-five percent (75%) of the acreage, which has been or will be platted for residential use in the Subdivision has been sold, the Developer may amend or change these Restrictions or Covenants and shall not be required to obtain the consent of the owners of Lots or tracts comprising this area.
(b) Anytime after at least seventy-five percent (75%) of the acreage comprising the residential portion of the Subdivision, whether as currently exists on or including additions made pursuant to Article 4 of this Statement, is owned by individuals who have built or who are in the process of building for personal occupancy on their respective tracts, the Restrictions and Covenants set forth herein shall be subject to amendment or alteration by the two thirds (2/3) of the average subject hereto. Upon any affirmative vote of the wreathouse pursuant to Article 4 of this Statement, current addition or annexation ownership shall beculated including anyo on the total average existing after the addition or annexation eage added or annexed to the residential portion of Greathouse.
Any and all aments to these Restrictions and Covenants shall be recorded in Midland Coin Midland County, Texas.
ARTICLE 10 Miscellaneous Clerk Unofficial Copy Midland County Clece the If one or more of the provisions contained in these Restrictions and Covenants shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these Restrictions and Covenants.
Dated: 12/16 ,2020.
Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2020 - 38781 12/28/2020 2:56PM Page 10 of 11 IN WITNESS WHEREOF, Amended and Restated R GREAT Copy
enants.
Dated: 12/16 ,2020.
Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2020 - 38781 12/28/2020 2:56PM Page 10 of 11 IN WITNESS WHEREOF, Amended and Restated R GREAT Copy 16 day of December, Midland County Clerk YE OF TEXAS COUNTY OF MIDLAND cos cos cos OUSE HOMEOWNERS ASSOCIATION, INC. has caused this Covenants For Greathouse Addition Section 8 to be executed this Clerk Unofficial Copy By Jennifer Saenz, President Greathouse Homeowners Association Inc.
Midland This instrument was acknowledged before me on the W day of December, 2020, by Jennifer Saenz, President of the Greathouse Homeowners Association, Inc, a Texas non-profit corporation on behalf of said corporation.
NOTA OF PUB TEXAS COLE JENNINGS BRYAN Notary Public, State of Texas!
Comm. Expires 12-23-2021 C Notary Public State of Texas NotaCERTIFICATE OF COMPLIANCE WITH SECTION 9.1 OF THE RESTRICTIVE COVENANTS A copy of this Amended and TARY PUBLI COLE JENNINGS BRYAN Notary Public, State of Texas Comm. Expires 12-23-2021 Notary ID 128133759 estate Runctive Covenants For Greathouse Addition Section 8 were Unofficial Copy provided to each resident of G House Addition Section 8. Pursuant to Section 9.1 of the Restrictive Covenants, an affirmative of at least 2/3 of the membership in Section 8 voted in favor to ame and/or alter the Restrictive Covenants as contained in the Amended and Restated Restrictive A copy of the record of the affirmative vote of the members is kept with the records of the Its.
Midland Cou Association, Inc.
By Jennifer ATTEN Greath CHE President Homeowners Association, Inc.
Before me, the undersigned Notary Public, on this day personally appeared Jennifer Saenz, President of
Midland Cou Association, Inc.
By Jennifer ATTEN Greath CHE 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.
OTAR TOTAL PUBI COLE JENNINGS BRT Notary Public. 2of Texas!
Comm. Exis Midland County Clerk Unoft 02-23-2021 120123759 Cole State of Texas Notary Public, State of Texas Midland County Clerk Unofficial Copy 2020 - 38781 12/28/2020 2:56PM Page 11 of 11 Midland County Clerk Unofficial Copy Instrument Number: 38781 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: $62.00 Number of Pages: 11 " 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 because of color or race is invalid and unenforceable under federal law.
Document Number: 38781 Receipt Number: 20201228000175 Record and Return To: Recorded Date/Time: December 28, 2020 02:56 User: Station: Clarisa S CC10297 Midland County Clerk Unofficial Copy COUNTY COUR AND COUNTY. TH * COLE BRYAN 713 DORAL CT MIDLAND TX 79705
d and Return To: Recorded Date/Time: December 28, 2020 02:56 User: Station: Clarisa S CC10297 Midland County Clerk Unofficial Copy COUNTY COUR AND COUNTY. TH * COLE BRYAN 713 DORAL CT MIDLAND TX 79705 I hereby certify that this Instrument was filed in the File Number seque Cork Unofficial Copy TE OF TEXAS Midland County printed hereon, and was duly recorded in the Official Alison Haley Midland County Clerk Midland County, TX care on the date/time Midland County, Texas Alison Haley