2020 - 38780 12/28/2020 2:56PM Page 1 of 11 AMENDED FOR GREATHOUSE MIDLAND, MIDL THEREOF, ITION, SECTION 3, AN ADDITION TO THE CITY OF COUNTY, TEXAS, ACCORDING TO THE MAP OR PLA MIDLAND COUNTY, Midland County ClaCORDED IN CABINET G, PAGE 103, OF THE PLAT RECORDS ATE OF TEXAS COUNTY OF MIDLAND PREAMBLE Midland County unty Clerks Unofficial Copy WHEREAS, Section 3 of the Greathouse Addition is part of Sec. 6, Block X, H.P. Hilliard Survey, Midland County, Texas and more particularly described in Cabinet G, Page 103, Plat Records of Midland County, Texas ("Section 3"); and WHEREAS heretofore Greathouse Addition Sections 3, is burdened by the Restrictive Covenants for Greathouse Addition, Section 3, recorded in Volume 2536, Page 149, Deed Records, Midland County, Texas; and WHEREAS the undersigned, constituting at least two-thirds (2/3) of the Members of Section 3 desire to amend and restate the foregoing "Amendment") specifying that this provided by law and shall be claiming any interest therein.
NOW inty shall constitute covenants to run with all of the land as upon all future and current owners and other parties or persons Unoffice with the following covenants and restrictions (the signatures THEREFORE, by the approval of the required percentage Lot Owners, as evidenced by their Midland County" 1.1 Restrictions are hereby amended and restated as follows: Article 1 Definitions Approved shall mean and refer to favorable action appointed representatives.
Midland County Clerk, Unofficial Copy ken 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 and Copy those areas of land so designated and embraced by any present or future Plat of this Subdivision which are reserved for the common use, enjoyment and Mutual benefit of the Resident Lot Owner and their guests. Common Areas shall also landscaped median areas in Ouding landscaped median areas licensed from the City of Midland and drainage easements.
1.4 Ltd.
Clerk Unofficial Copy of Midland, Texas, Midland CO Brighton Country Development, LLC, and Los Conchos Venture Crumpmily Partnership, ther with its agents, successors and/or assigns.
Midla 2020 - 38780 12/28/2020 2:56PM Page 2 of 11 1.5 Lot shall mean and refe future Plat of this commercial trisigfficial Copy built. The term Lot owns two L County any numbered tract or parcel of land, embraced by and present upon which Approved residential buildings and appurtenances not include those parcels and tracts of land designated as Common AOTIcial Copy any present or future Plat of the Subdivision. Any Residential with one residence thereon shall be considered the owner of one membe in the Association and for assessments.
Midland 1.7 or Owner who for purposes of
r future Plat of the Subdivision. Any Residential with one residence thereon shall be considered the owner of one membe in the Association and for assessments.
Midland 1.7 or Owner who for purposes of Member shall mean and refer to each and every Residential and County, 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 Subdivision shall mean and refer to Greathouse as Platted and described above.
not be leased of any ARTICLE 2 Clerk Unofficial Copy Permitted and Prohibited Uses Lot shall beused for any, purpose other than single-family residentiork Unofficial Copy except as provided herein.
Eots may Midland Cotrony term shorter than ninety (90) days. Lots may not be used for commercial purposes No building shall be erected on any residential Lot except outbuildings incidental to and used in connection with Midland County tan single-family dwelling and 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 Property shall consist of single-family dwelling units containing not less than two thousand (2,000) 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.
2.4 No trailer, trailer-house or mobile home shall be placed on any Lot for residential purposes nor shall any existing house or This paragraph shall not be or builder's field office. Such prevent the use of mobile or modular offices as a temporary sale's shall not remain on a Lot lilt in excess of twenty-four (24) Extensions for such officidy be granted in writing by Developer and granting such exten montheficial Copy the discretion of 2.5 and Midland County Clerk U he construction of any building has begun, work thereon must be be completed within a reasonable time. No buildings shall be Midases during construction. Further, no garage, shed, tent, trailer, 1 Clerk at Coursecuted diligently cupied for residential ment or temporary building Midland C 2020 - 38780 12/28/2020 2:56PM Page 3 of 11 shall be used for permanent or shall not be deemed or rcons Copy of actual construction of residential purposes; provided, however, that this paragraph the use of a temporary construction shed during the on such property, and the use of adequate sanitary toilet which shall be provided during such construction. At the time of construction of any l a sidewalk must be
mporary construction shed during the on such property, and the use of adequate sanitary toilet which shall be provided during such construction. At the time of construction of any l a sidewalk must be 2.6 Midland County graveled or corrugated metal roofs shall be constructed on the L along the full street frontages of the Lot in accordance with icial Copy Garages, which shall be only for the use of the occupants County scribed here in.
resident to which they are appurtenant, may be attached or detached from the residence 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 unsightly objects shall be allowed to be placed or suffered to remain thereon.
2.10 No substantial changes in the eleph of land shall be made on the premises of a Lot.
Any Owner Set Casio used tal 2.
2.11 Streets shall not be vehicles except for no more than two (2) association.
Midland County Residential Lot Owners for parking of their automobiles and temporary purposes. Occasional or temporary purposes shall Ns in any given week and no more than six (6) nights in any variance from this must gain prior written approval from the official Copy a maximum height of eight (8) feet whereby the boat, recreation County owners boat, recreational vehicle, trailer or inoperative motor vehicle n Mot, except within a garage or behind decorative screening be kept or stored upon
(8) feet whereby the boat, recreation County owners boat, recreational vehicle, trailer or inoperative motor vehicle n Mot, except within a garage or behind decorative screening be kept or stored upon fences shall not exceed 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.
or stone veneer.
le, trailer or inoperative vehicle 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, brick veneer, rock veneer 2.14 Lot.
2.15 Clotheslines or drying yards shall be so located as not to be visible from the street serving a All dwellings shall face the street on which the other Lots in the same block front. Dwellings located on Lots within the curved portionPa cul-de-sac shall front toward the curve.
2.16 No signs or except one (1) small Unofficial Clerk for sale or for re and sales, Midm en, not exceeding five (5) square feet in area, advertising the par Ms of advertisement shall be permitted upon any of the Lots subject official Copy Or one (I) sign used by a builder to advertise the property during d, said size not to exceed sixteen (16) square feet; and from sign, not exceeding two (2) square feet in area. Neighborhood or Midland County reto time a political identification signs 2020 - 38780 12/28/2020 2:56PM Page 4 of 11 2.17 No radio or televisions Clerk Unofficial Copy to roof and back na with more than eight (8) square feet of grid area or which a height in excess above the Oghest point of the roof shall be permitted. All such installations are li ont yard installations are strictly prohibited.
2.18 No County
square feet of grid area or which a height in excess above the Oghest point of the roof shall be permitted. All such installations are li ont yard installations are strictly prohibited.
2.18 No County home child care with more than five (5) children is permissible the chin on of the occupants of the property where they are being cared for feet in height and shall be uniform in nature. No chain link fand Coub Clerk inicial Copy Midland No fences shall be permitted within the front setback from the streets serving the premises.
2.20 the children are ces shall not exceed eight (8) shall be permitted in areas visible 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 and shall be irrigated by any underground irrigation system.
3.1 ARTICLE3 Streets, Utilities, Easements and Rights of Way Copy All presently existing casements reserved to the present owners 3.2 the Subdivision referred to No structures utilities or drainage in the Subdivision are hereby Ch easements.
Midland County Clerk Unofficial) 4.1 walks, fences, paving or planting, shall be erected upon any ] will interfere with rights of ingress and egress to and from the 3.1 hereof. All utilities serving the Subdivision shall be ARTICLE4 Additions o Subdivisionidland Cround.
Unofficial Copy 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
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 character, if any, of the added properties and as are not inconsistent with the concepts and purposes of this declaration.
ARTICLE 5 Midland County Clerk Unofficial Copy 5.
Association Creation, Membership and Rights of Members ssociation") has been created as a non-profit corporation under the Coowners Association. The GREATHOUSE HOMEQnty Clerk Unofficial Copy Midland RS ASSOCIATION ✓ of the State of Texas which 2020 - 38780 12/28/2020 2:56PM Page 5 of 11 shall have the power and improving and insuring the all taxes assessed Association shall copy perpetually managing and maintaining, repairing, replacing, mon Areas, facilities and easements within this Subdivision.
and make disbursements of proceeds, including the payr the Association or the Common Areas owned by the.
take appropriate mary action concerning delinquent accounts.
5.2 Midland County embership and Voting Upon sale of a Lot subject to these covenant omatically become a Member of the Association (unless the does not own an occupied residence on the Lot). For persons alread e Association Unofficial Copy shall The purchaser shall a licensed builder who wning a Lot within the
of the Association (unless the does not own an occupied residence on the Lot). For persons alread e Association Unofficial Copy shall The purchaser shall a licensed builder who wning a Lot within the Subdivision, including the Developer, such persons shall beco County 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 performance of an obligation. The membership in the Association shall not be transferred, pledged or alienated in any way except of the sale of such Lot (and then only to such purchaser), by interstate Succession, testamentary disposition, foreclosure of mortgage of record, or other legal process or by the relinquishment of membership upon the execution of an Election to be Excluded from the Association. The record owner of a Lot shall be entitled to one membership in the Association and one vote. Any joint owner shall designate to the Association in writing the name of the person entitled to vote said membership. At the discretion of the Association, no certificates of membership need to be issued, and if official list of Members kept by the Notwithstanding the forego official owned by the Developer: 5.3 ates are not issued, membership shall be evidenced by an of the Association.
the Developer shall be entitled to three (3) votes for each platted Lo Midlane Developer Shall Convey Title. The Developer shall convey title to the Clerk Unofficial Copy W Marge and free of encumbrance, to the GREATHOUSE HOMEOWNER
to three (3) votes for each platted Lo Midlane Developer Shall Convey Title. The Developer shall convey title to the Clerk Unofficial Copy W Marge and free of encumbrance, to the GREATHOUSE HOMEOWNER 75% of the acreage which has been or will be platted for earlier time as the Developer deems appropriate.
sidenti Area, SOCIATION use in the Subdivision is Mcupied by Residential Lot Owners, or (b) January 31, 2013 (which occurs soonest), or (c) such 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 annual election, the Members shall elect directors to hold office until the next succeeding annual meeting. Directors shall meet at least once during each three (3) calendar month time period. Any vacancy occurring in the board of directors may be filled by the affirmative vote of the majority of the remaining directors. A director elected to fill a vacancy shall be elected for the unexpired term of his predecessor in office.
Midland County Clerk Unofficial Copy ARTICLE6 Common Areas Ownership, Use and Property Rights MidCounty Clerk Unofficial Copy Common Areas and Ownership. The Common Areas designated and this Subdivision shall be owned by the Association for the ben hown on any recorded Plat of the Members within this 2020 - 38780 12/28/2020 2:56PM Page 6 of 11 Subdivision. The costs of perpetual equal basis by all the 6.2 Association.
Unofficiaenance, upkeep and improvements thereon shall be borne on an Land Use Within the Common Areas shall be restricted to activities and improvementnofficial Copy park, recreation open space uses, including, but not limited to, physical fitness, parking clus and Midland
Use Within the Common Areas shall be restricted to activities and improvementnofficial Copy park, recreation open space uses, including, but not limited to, physical fitness, parking clus and Midland 6.3 County devices. Recreation centers or private club buildings shall tennis courts, swimming pools and other uses of a similar nature Dedication or Transfer of Fee Title to Common Area Aidland.
ford edda ishing, signs relevant to the decof , screening to auto out 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.
7.1 and collected from time to Assessments or Charges special assessments shall be a continuing lien created by City of ARTICLE7 Assessments and Enforcement the copy cial assessments for improvements shall be fixed, established the Association as hereinafter provided. Such assessments and such interest and costs of collection shall be a charge on land upon the property against which each assessment is made. Any cor Huing Passessment pursuant to Sections 7.1 and 7.2 shall be a second purchase most mortgage lien, or utility lien for water, sewer and garbage together with such interest and cost of collection, shall also person who was the owner of such property at the time of assessm Clerki and
t mortgage lien, or utility lien for water, sewer and garbage together with such interest and cost of collection, shall also person who was the owner of such property at the time of assessm Clerki and Midland, but shall be ahead of all other (subsequent) liens against t Midland♡ rvice provided by the on an equal basis to all Members of the Association. Assessme roperty. Each such personal obligation of Assessments shall be applied 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 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.
7.3 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 assesments applicable thereto. Written notice of the assessment shall also be mailed to every due date of the assessment.
of the board of director sideal Lot Owner at least fifteen (15) days in advance of the specified assessment, the perkt 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 payment.
on 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 payment.
Midland County C Effect of Non-Payment of Assessment. If the assessments for or of the Nbe conclusive Midland County Clerk paid when due, then they Copy 2020 - 38780 12/28/2020 2:56PM Page 7 of 11 shall become delinquent and lien against the property whi representatives and personal obligation Copy statutory periocal spot with such interest and cost of collection, become a continuing assumed Midland County G I bind the hands of the then owner, his heirs, devisees, personicial Copy from transferring the property without the lien. Additionally, howe owner to pay such assessment shall remain his personal obligation fre Yor the the personal obligation shall not pass to his successors in title ess expressly he assessment is not paid within thirty (30) days after the Dear interest from the date of delinquency. The Association County owner personally obligated to pay the same, or the Associa quercy 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.
7.5 Enforcement. The Association shall have the right to enforce, by any proceeding at law or in equity,
or improvements devoted to dwelling use shall be exempt from said assessment, charges or liens.
7.5 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 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 obtine below, except as otherwise reserved to the Members by law, judgment or Court Order and effect.
7.6 default the Clerk Bylaws of the Association. Failure by the Association to enforce Waiver of the right to do so. Invalidation of any of these Covenants In no way effect any of the other provisions which shall remain in full Violation(s). If an Owner of any Lot fails to abide by the Covenants Lot's use of Common Areas, and in any of the foregoing (i)-(iii) defand County Clerk Unofficial Copy Midlandes uncured for seven (7) days after written notice thereof mailed t last known address, the Association may (i) impose fines upon the Association Board or (ii) go upon such Lot and correct the such failure or Owner of the Lot at ot 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
ty 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 subject the Lot owner to enforcement as provided herein.
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.
annually by the Board and shall offenses and fines may be revised at called for the purpose of revis ffect until a subsequent publication is made. The schedule of annual meeting of the Board or at any special meeting of the Board offense for purposes of inui Parate schedule of offenses and fines shall be published g any fine. Any default on the payment of the reimbursement partficial Copy g the schedule of offenses and fines. Each day shall constitute a imposed by the Bhall be secured by a lien against the Lot in the same manner as the 7.7 • County the of Violation. The Association shall provide a notice to each Owner Mnes 3 by certified mail, return receipt requested to the last knowCounty Clements.
Midlaociation for such Owner in conformance with the laws of the State xas.
Midland Lot that violates ddress on file with the 2020 - 38780 12/28/2020 2:56PM Page 8 of 11 7.8 Liens. Each Member is a continuing lien on the Lot to pay to the Association
he laws of the State xas.
Midland Lot that violates ddress on file with the 2020 - 38780 12/28/2020 2:56PM Page 8 of 11 7.8 Liens. Each Member is a continuing lien on the Lot to pay to the Association these Restrictive Copy Pto pay to the Association the Assessments which are secured by de which the Assessment is made. In addition, each Member is fine imposed upon the Owner or Lot for any violation in accordan which shall also be secured by a continuing lien on the Lot fine is made. sessment or fine not paid when due will be delinquent.
If the Asse again icial Copy paid within notice County Midland C ty (30) days after the due date, the Assessment or fine will bear the fine is not elinquency at the rate of the lesser of the maximum amount permitteom the date of the applicable law or ten (10%) per annum, whichever is greater, and the Association may an action at law against the Owner personally obligated to pay the Assessment or foreclose the event, all interest, costs, and reasonable attorneys' fees of any cainst the property, and in either 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 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 two thirds (2/3) of all Lots recorded in the contains and sets forth meal Public Records of Midland County, Texas which provided however, that this and recorded one (1) year these Covenants, restrictions, and reservations,
l Lots recorded in the contains and sets forth meal Public Records of Midland County, Texas which provided however, that this and recorded one (1) year these Covenants, restrictions, and reservations, t to abolish the covenants shall not be effective unless made Nance of any renewal date of these covenants. To the extent this Amendment conflict with the provisions of the Restrictions and Covenants recorded at the Records of Midlan County, Texas, the provisions of this Amendment shall govern.
8.2 y restriction herein set forth is declared invalid, the remaining restrainty Clerk Unofficial Copy Midland County Mess continue in full force and effect. The Declarant or its ons shall not be liable for incidental or consequential damages arising as an outcome of these provisions. Violation of or failure to comply with these Restrictions and Covenants 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 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.
ARTICLE 9 Midland County Clerk Unofficial Copy 9.1 of the Amendments and Extensions
such proceedings; if conducted, shall be at the sole cost and expense of the person or persons prosecuting the same.
ARTICLE 9 Midland County Clerk Unofficial Copy 9.1 of the Amendments and Extensions hanges and amendments shall be in accordance with the platting: of Midland, and those changes and amendments, which relate di he Common Areas shall be reviewed and approved by the City of] Clerk Unofficial Copy to the Association Poning procedure Colinty Midland and Mand before enactment, and 2020 - 38780 12/28/2020 2:56PM Page 9 of 11 subject to the foregoing, shall be ollows: for resea official Copy (a) Until at enty-five percent (75%) of the acreage, which has been or will use in the Subdivision has been sold, the Developer may theestrictions Midland County Unofficial Copy or Covenants and shall not be required to obtain of the ners of Lots or tracts comprising this area.
(b) Anytime after at least seventy-five percent (75%) of the portion of the Subdivision, whether as currently County e Change e comprising the residential or including additions made Article 4 of this Statement, is owned bho 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 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.
eage 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.
of the provisional COPARTICLE 1 If one or more of be held to unenforceab Amendments and Extensions visions contained in these Restrictions and Covenants shall, for illegal or unenforceable in any respect, such invalidit ty shall not affect any other provision of these Restrictions and 12/16 Midland County ,2020.
Unofficial Copy cason, Cleality Midland Coats.
or Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy 2020 - 38780 12/28/2020 2:56PM Page 10 of 11 IN WITNESS WHEREOF, Amended and Restated R Copy 16 day of December, Clerk Uno Midland County Clerk OF TEXAS COUNTY OF MIDLAND 885 USE HOMEOWNERS ASSOCIATION, INC. has caused this Covenants For Greathouse Addition Section 3 to be executed this Balny By Jennifer Saenz, President Greathouse Homeowners Association Clerk Unofficial Copy Midland nc.
This instrument was acknowledged before me on the 16 day of December, 2020, by Jennifer Saenz, STAHY?
President of the Greathouse Homeowners Association, Inc, a Texas non-profit corporation on behalf of said corporation.
STATE OF PUBLIC TEXAS COLE JENNINGS BRYAN Notary Public, State of Texas Comm. Expires 12-23-2021 Notary ID 128133759 Cole J Bryan Notary Public State of Texas RTIFICATE OF COMPLIANCE WITH SECTION 9.1 provided to each resident of OF THE RESTRICTIVE COVENANTS A copy of this Amended and Restarogle Drive Covenants For Greathouse Adition Section 3 were Covenants, an affirmative and/or alter the Homeowner il that youse Addition Section 3. Pursuant to Section 9.1 of the Restrictive ssociation, Inc.
Drive Covenants For Greathouse Adition Section 3 were Covenants, an affirmative and/or alter the Homeowner il that youse Addition Section 3. Pursuant to Section 9.1 of the Restrictive ssociation, Inc.
of at least 2/3 of the membership in Section 3 voted in favor to amen official Copy A copy of the restrictive Covenants as contained in the Amended and Restated Restrictive ( of the affirmative vote of the members is kept with the records of the thots.
Midland Cou Midland County By Jennifer Greatho 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.
OF PUBLIC TEXAS COLE JENNINGS BRYA Notary Public, State of Comm.
Notarial Copy Midland County Clerk und 38-2021 28133759 Ca J Bryan Notary Public State of Te Texas Midland County Clerk Unofficial Copy 2020 - 38780 12/28/2020 2:56PM Page 11 of 11 Midland County Clerk Unofficial Copy Instrument Number: 38780 Midland County Alison Haley Midland County Clerk Midland County Clerk Unofficial Copy Real Property Recordings Recorded On: December 28, 2020 02:56 PM Number of Pages: 11 Total Recording: $62.00 " Examined and Charged as Follows: " Midland County Clerk Unofficial Copy File Information: Midland County Clerk Unofficial Copy
December 28, 2020 02:56 PM Number of Pages: 11 Total Recording: $62.00 " 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: Receipt Number: Recorded Date/Time: User: Station: COUNTY COUR 38780 20201228000175 December 28, 2020 02:5 Clarisa S Clerk Unofficial Copy CC10297 Midland County Midland COUNATE OF TEXAS * EXAS AND COUNTY TE Record and Return To: COLE BRYAN 713 DORAL CT MIDLAND TX 79705 I hereby certify that this Instrument was filed in the File printed hereon, and was duly recorded in the Official Recor Alison Haley Midland County Clerk Midland County, TX County Clerk Unofficial Copy sequence on the date/time of Midland County, Texas A Haley