2020 - 38783 12/28/2020 2:56PM Page 1 of 11 AMENDED FOR GAASITATED RESTRICTIVE COVENANTS MIDLAND, THEREOF, SECTION 5, AN ADDITION TO THE CITY OF COUNTY, TEXAS, ACCORDING TO THE MAP OR PL Midland County ClercORDED IN CABINET G, PAGE 116, OF THE PLAT RECOfficial Copy STATE OF TEXAS COUNTY OF MIDLAND § MIDLAND COUNTY, TEXAS PREAMBLE County Clerks Unofficial Copy Midland County WHEREAS, Section 5 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 116, Plat Records of Midland County, Texas ("Section 5"); and WHEREAS heretofore Greathouse Addition Section 5, is burdened by the Restrictive Covenants for Greathouse Addition, Section 5, 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 5 desire to ns with the following covenants and restrictions (the "Amendment") specifying that this provided by law and shall be.
claiming any interest therein mer amend and restate the foregoing Resunt shall constitute covenants to run with all of the land as Unofficial upon all future and current owners and other parties or persons signatures belov Restrictions are hereby amended and restated as follows: Unofficial Copy NOW TENEN PORE, by the approval of the required percentage Lot Owners, as evidenced by their Midland County 1.1 Article 1 Definitions Approved shall mean and refer to favorable action appointed representatives.
Midland County 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 and copy landscaped median areas and drainage easements.
Mutual benefit of al 1.4 Ltd.
Midland County to those areas of land so designated and embraced by any vision which are reserved for the common use, enjoyment and Lot Owner and their guests. Common Areas shall also g landscaped median areas licensed from the City of Midlandicial Copy Eloper shall mean and refer to Black Family Partnership, Ltd., Brighton Country Development, LLC, and Los Conchos Ventures ether with its agents, successors and/or assigns.
Clerk amily Partnership, Midland County ވ of Midland, Texas, 2020 - 38783 12/28/2020 2:56PM Page 2 of 11 1.5 future Plat of this Subdiffcial Copy Lot shall mean and built. The term Lot owns two memb d presentcial Copy any numbered tract or parcel of land, embraced by and upon which Approved residential buildings and appurtenances.
commercial tractual hot include those parcels and tracts of land designated as COMALYS with one residence thereon shall be considered the owner of on any present or future Plat of the Subdivision. Any Residential Midland 1.7 ip in the Association and for assessments.
Areas or Co Owner who
th one residence thereon shall be considered the owner of on any present or future Plat of the Subdivision. Any Residential Midland 1.7 ip in the Association and for assessments.
Areas or Co Owner who ot for purposes of Midland County Member shall mean and refer to each and every Residential 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 any Subdivision shall mean and refer to Greathouse as Platted and described above.
ARTICLE 2 Check Unofficial Copy Permitted and Prohibited Uses Lot shall beused for any, purpose other than single-family residenrk Unofficial Copy kind, except as provided herein.
Lots may Midland Sed for any term shorter than ninety (90) days. Lots may not be used for commercial purposes No building shall be erected on any residential Lot excep Midland County single-family dwelling and outbuildings incidental to and used in connection with 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 the developer. After 75% of the lots in the subdivision have been sold then the duties and architectural control e architectural control committee shall be governed by the homeowners association structure, building, fence, ou such construction, 2.4 Midland County Clentration, established. All plans, remodels, additions, or alterations of any cabana, pool, or other improvements shall be reviewed by Terk Unofficial Copy mittee before construction commences. The committee must appro or improvement before any construction or improvement can ailer, trailer-house or mobile home shall be placed on any Lot any existing house or dwelling structure be moved on to any paragraph shall not be deemed to prevent the use of mobile or mod Clerummence.
Residential purposes.
offices as a temporary sale's Midland Couesidential purposes
dwelling structure be moved on to any paragraph shall not be deemed to prevent the use of mobile or mod Clerummence.
Residential purposes.
offices as a temporary sale's Midland Couesidential purposes 2020 - 38783 12/28/2020 2:56PM Page 3 of 11 or builder's field office. Such office py Extensions for such office the discretion of Develo 2.5 han not remain on a Lot lilt in excess of twenty-four (24) months.
granted in writing by Developer and granting such extension Once the struction of any building has begun, work thereon must be proselerk Unofficial Copy and must Midland County ork completed within a reasonable time. No buildings shall be Quring construction. Further, no garage, shed, tent, trailer, used for permanent or temporary residential purposes; I diligently d for residential temporary building that this paragraph shed during the period of actual construction of any structure on such property, and se 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.
hall not be deemed or construed to prevent the use of a te TISSE 2.6 No graveled or corrugated metal roofs shall be constructed on the Lots described here in.
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 heretofore or hereafter 2.9 No weeds, part of a Lot, and no thereon.
ard 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 2.9 No weeds, part of a Lot, and no thereon.
mplete conformity with sanitary rules and regulations the City of Midland.
se pile or unsightly objects shall be allowed to be placed or suffered official Copy or other unsightly growths shall be permitted to grow or remain, Midland County tedy Cop 2.10 substantial changes in the elevation of land shall be made on the Streets shall not be used by Residential Lot Owners for County ses of a Lot.
emain vehicles except for occasional or temporary purposes. Occasioning of their automobiles and 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.
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 (excluding doors, windows and exterior glass) or wall surface of each residence located on a Lot or stone veneer.
2.14 Lot.
2.15 Clotheslines Clerk shall be of brick, rock, stone, brick veneer, rock veneer ying yards shall be so located as not to be visible from the street st ng a Michael Cenofficial Copy
veneer.
2.14 Lot.
2.15 Clotheslines Clerk shall be of brick, rock, stone, brick veneer, rock veneer ying yards shall be so located as not to be visible from the street st ng a Michael Cenofficial Copy on Lots within the curved portion of a cul-de-sac shall front Midland Cowellings shall face the street on which the other Lots in the s curve.
front. Dwellings 2020 - 38783 12/28/2020 2:56PM Page 4 of 11 2.16 No signs or other except one (1) small and sales perioform advertisement shall be permitted upon any of the Lots subject h exceeding five (5) square feet in area, advertising the particular pericial Copy struction for sale or for rent,. one (I) sign used by a builder to advertise the property during the and size not to exceed sixteen (16) square feet; and from time to tie a political not exceeding two (2) square feet in area. Neighborhood or projes campaign are County C Midland Countyentification signs No radio or television antenna with more than eight (8) squad of grid area or which attains a height in excess above the highest point of the roof shall be perited. All such installations are limited to roof and back yard. Front yard installations are strictly prohibited.
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 kept manner consistent with a we
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 kept manner consistent with a we underground irrigation system. Welle landscaping shall be maintained in a sightly and wellept residential neighborhood and shall be irrigated by any ARTICLE3 Midland County Clerk Unofficial Copy.
Midland County Clerk Unofficial Copy Streets, Utilities, Easements and Rights of Way 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) a Supplemental Declaration property; provided, however additions and declaration by filing of record in Midland County, Texas onants and Restrictions and Covenants of this Declaration to such necessary to reftifications copcord in Midland County, Texas during the initial sever with the it such supplementary declaration may contain such complet such Copy of the Restrictions and Covenants contained in this declaration different character, if any, of the added properties and as are Midland County and purposes of this declaration.
Midland County cial Copy
f the Restrictions and Covenants contained in this declaration different character, if any, of the added properties and as are Midland County and purposes of this declaration.
Midland County cial Copy 2020 - 38783 12/28/2020 2:56PM Page 5 of 11 5.1 ("As Clercial Copy Owners ARTICLE 5 Creation, Membership and Rights of Members lerk Unofficial Copy Association. The GREATHOUSE HOMEOWNERS ASSOCIATION Midahas been created as a non-profit corporation under the laws the power and obligation of perpetually managing and and insuring the Common Areas, facilities and County State of Texas which Association shall collect assessments and make disburseme se aaining, 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 other legal process or by the
egoing 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 other legal process or by the in any way except of the sale of such Lot (and then only to testamentary disposition, foreclosure of mortgage of record, etinoice of an obligation. The membership in the Association Nnquishment 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: Association and vote. Any joint owner shall designate to the Association in writing t person e membranofficial Copy member to vote said membership. At the discretion of the Association, no certifi need to be issued, and if certificates are not issued, membership shalates of Midland ist of Members kept by the Secretary of the Association.
Notwithstanding the foregoing, the Developer shall be entitled to find and owned by the Developer.
the of the evidenced by an (3) votes for each platted Lot 5.3 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 office until the next succeeding annual calendar month time period. Any affirmative vote of the
he number of directors shall be determined by majority vote of the GREATHOUSE HOMEOWNERS ASSOCIATION. At office until the next succeeding annual calendar month time period. Any affirmative vote of the elected for Pirn ICC election, the Members shall elect directors to hold Midland County Clerk Directors shall meet at least once during each three (3) ncy occurring in the board of directors may be filled by the of the remaining directors. A director elected to fill a vacancy shall be of his predecessor in office.
Midland County Clerk Unofficial Copy 2020 - 38783 12/28/2020 2:56PM Page 6 of 11 6,1 ARTICLE6 Coufity Clerk Unofficial Copy of this Common Areas Ownership, Use and Property Rights on Areas and Ownership. The Common Areas designated and shown Clerk Unofficial Copy Midlandvision. The costs of perpetual maintenance, upkeep amend bdivision shall be owned by the Association for the benefit of any recorded Plat equal basis by all the Members of the Association.
Members within this thereon 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
.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 represent s of such public entity. Any dedication or transfer of fee title to the Common Areas must dedication or transfer is to the the prior approval of the City of Midland except where the of Midland.
Midland County Clerk Unofficial ARTICLE7 Assessments and Enforcement Assessments or Charges and special assessments for improvements collected from time to time by the Association as hereinafter be fixed, established vided. Such assessments and tion 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
n 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.
special assessments together with such interest and costs of codland County Clerk Unofficial Copy 7.2 Special assessments for capita Copy authorized by the board of direct of defraying, in whole or replacement of a 7.3 Comprovements in addition to the annual assessments may be An accordance with the Bylaws of the Association for the the cost of any construction or reconstruction, unexpected repaificial Copy improvement upon the Common Area.
we a roster of the properties and assessments applicable thereto. Writt societflork Posecial Copy the due and [ Due Dates of Assessments. The board of directors of the amount of assessment at least fifteen (15) days in advance of all also be mailed to every Residential Lot Owner at least fifteen shall specify due date and shall notice of the assessment s in advance of the specified Midland C 2020 - 38783 12/28/2020 2:56PM Page 7 of 11 due date of the assessment. The of the board of directors of th assessment, the board.
etal Copy date of any special assessment shall be established by resolution Upon demand by any Residential Lot Owner liable evidence of payer kul oc shall furnish in writing signed by an officer or Association setting, whether said assessment has been paid. Such certificate shall 7.4 Midland County County rector official Copy fect of Non-Payment of Assessment. If the assessments are not.
when due, then they
setting, whether said assessment has been paid. Such certificate shall 7.4 Midland County County rector official Copy fect of Non-Payment of Assessment. If the assessments are not.
when due, then they Become delinquent and together with such interest and cost of lection, become a continuing ien against the property which shall bind the hands of the then 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.
representatives and assigns from transferring the property with Midland 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 improveme devoted to dwelling use shall be exempt from said assessment, charges or liens.
7.5 Enforcement. The all restrictions, provisions ofen Cial regulations Clerk Uno ciation shall have the right to enforce, by any proceeding at law or in covenants, reservations, liens and charges now or hereafter The Association, by and through its Board, is authorized to gany fine or penalty as outlined below, except as otherwise reserficial Copy
in covenants, reservations, liens and charges now or hereafter The Association, by and through its Board, is authorized to gany fine or penalty as outlined below, except as otherwise reserficial Copy Midplemting forth the procedures to be followed in connection with such enforcement and in of Incorporation or by the Bylaws of the Association.
judgment or Court Order shall in no way effect any of the other 1 and effect.
Covenant will not be deemed a waiver of the right to do US the ot rules and Members by law, 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 acts, disruptive behavior requiring the event violation is not of a continuing nature (i.e., single criminal continuing written notice for such a subject the Lot owner to Clerk Unofficial e The Owner shall any such and ay intervention, and the like), a written notice shall constitute a
(i.e., single criminal continuing written notice for such a subject the Lot owner to Clerk Unofficial e The Owner shall any such and ay intervention, and the like), a written notice shall constitute a vity. Any further violations shall be deemed a failure or default and as provided herein.
Gecial Copy Higated to reimburse the Association for all expenses incurred by it (ii) above. Fines imposed by the Association Board under (i).
anned annually by the Board. A separate schedule of offenses and, Midlanenses By the Board and shall continue in effect until a subsequent Senses and fines may be revised at any annual meeting of the Board or at Mblicati Midlan exerforming Love shall be defined Shall be published ✓s made. The schedule of special meeting of the Board 2020 - 38783 12/28/2020 2:56PM Page 8 of 11 imposed by the Board culetic Copy called for the purpose of revising the schedule of offenses and fines. Each day shall constitute a separate offense for purposes of 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 7.7 Unofficial Copy Notice station. The Association shall provide a notice to each Owner of anxat violates the Covenant by certified mail, return receipt requested to the last known addre Associa for such Owner in conformance with the laws of the State of Texas.
Midland à continuing lien on the Lot against which the Assessment is maand County: Liens. Each Member is obligated to pay to the Association.
on file with the sessments which are secured by addition, each Member is obligated to pay to the Association any fine imposed upon the Owner or Lot for any violation in accordance with
he Association.
on file with the sessments which are secured by 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 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 extend ARTICLE 8 ify Creek Unofficial Copy Duration and Enforcement , restrictions, reservations and servitudes herein set forth shall contork Unofficial Copy force and effect until December 31, 2020, after which time these covenants shall and recessive periods of ten (10) years unless an instrument is signed ds (2/3) of all Lots recorded in the Official Public Records of I Midlands and sets forth an agreement to abolish these Covenants, 1 in full of at least provided however, that this agreement to abolish the covenants mercally County, Texas which 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
ent to abolish the covenants mercally County, Texas which 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 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 land or to violate any of the restrictions lawful for any other person Copy prosecute proceedings official G violate such Nnterest therein in this Subdivision shall violate or attempt n set forth before the expiration of these Covenants, it shall be persons owning land or any interest therein in said Subdivision to or equity against any person or persons so violating or attemptinanofficial Copy damages by tons, either to prevent such violation or such violator from so doing be at the cost and expense of the person or persons prosecuting the same.
Midland County recover shall Midland County Clerk Unoff 2020 - 38783 12/28/2020 2:56PM Page 9 of 11 9.1 of the All Clerk Unofficial Copy ARTICLE 9 Amendments and Extensions Midland County Clerk Unofficial Copy he Common Areas shall be reviewed and approved by the City of ubject to the foregoing, shall be as follows:
erk Unofficial Copy ARTICLE 9 Amendments and Extensions Midland County Clerk Unofficial Copy he Common Areas shall be reviewed and approved by the City of ubject to the foregoing, shall be as follows: Midlaof Midland, and those changes and amendments, which relate di ning procedure to the Association 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 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 Ntwo thirds (2/3) of the average subject hereto. Upon any addition or annexation affirmative vote of the own athouse pursuant to Article 4 of this Statement, current ownership shall including anx Rated I on the total average existing after the addition or annexationial Copy age added or annexed to the residential portion of Greathouse.
Any and all amerents to these Restrictions and Covenants shall be recorded in County Midland Coun Midland County, Texas.
ARTICLE 10 Miscellaneous Unoffic Nfice of the Midland County Clerk If one or more of the provisions contained in these Restrictions and Covenants shall, for any reason,
and Coun Midland County, Texas.
ARTICLE 10 Miscellaneous Unoffic Nfice of the Midland County Clerk 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 - 38783 12/28/2020 2:56PM Page 10 of 11 IN WITNESS WHEREOF, GREA Copy Amended and Restated RestricOUSE HOMEOWNERS ASSOCIATION, INC. has caused this 16 day of December, Midland County Clerk Unoff OF TEXAS COUNTY OF MIDLAND cos esses Covenants For Greathouse Addition Section 5 to be executed this Bainy Greathouse Homeowners Associationy. Clerk Unofficial Copy Jennifer Saenz, President Midland This instrument was acknowledged before me on the day of December, 2020, by Jennifer Saenz, President of the Greathouse Homeowners Association, Inc, a Texas non-profit corporation on behalf of said corporation.
ATE OF PUBL COLE JENNINGS BRYAN Notary Public, State of Texas Comm. Expires 12-23-2021 Cole & Ban Notary Public State of Texas NotarCERTIFICATE OF COMPLIANCE WITH SECTION 9.1 A copy of this Amended and provided to each resident of Covenants, an HE RESTRICTIVE COVENANTS NOTARY OF PU COLE JENNINGS BRYAN Notary Public, State of Texas Comm. Expires 12-23-2021 Notary ID 128133759 affirmative Sous Ce Covenants For Greathouse Addition Section 5 were Unofficial Copy Addition Section 5. Pursuant to Section 9.1 of the Restrictive of at least 2/3 of the membership in Section 5 voted in favor to amen and/or alter the Restrictive Covenants as contained in the Amended and Restated Restrictive Covenants.
tion 9.1 of the Restrictive of at least 2/3 of the membership in Section 5 voted in favor to amen and/or alter the Restrictive Covenants as contained in the Amended and Restated Restrictive Covenants.
A copy of the reco cow of the affirmative vote of the members is kept with the records of the athouse Homeowner ssociation, Inc.
Midland County Baen Greatho Midland County By Jennifer 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.
NOTA NOTARI TUBLIC * OF COLE JENNING BRYAN Notary Pub te of Texas!
es 12-23-2021 ary ID 128133759 Cole of ember, 2020.
Notary Public State of Texas Midland County Claycopy NOTA STATE blic State of Te PUBLIC TEXAS OF TEX Clerk Unofficial Copy COLE JENNINGS BRYAN Notary Public, State of Texas Comm. Expires 12-23-2021 Notary ID 128132 2020 - 38783 12/28/2020 2:56PM Page 11 of 11 Midland County Clerk Unofficial Copy Instrument Number: 38783 Midland County Alison Haley Midland County Clerk Midland County Clerk Unofficial Copy Real Property Recordings Recorded On: December 28, 2020 02:56 PM 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
: December 28, 2020 02:56 PM 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: 38783 Receipt Number: 20201228000175 Recorded Date/Time: December 28, 2020 02: User: Station: COUNTY Clarisa S CC10297 Clerk Unofficial Copy COUROUTE OF TEXAS Midland MIDLAND TEXAS AND COUNTY. HE Midland County Record and Return To: COLE BRYAN 713 DORAL CT MIDLAND TX 79705 Mand County Clerk Unofficial Copy I hereby certify that this Instrument was filed in the File Number séquence on the date/time printed hereon, and was duly recorded in the Official Alison Haley Midland County Clerk Midland County, TX of Midland County, Texas Alison Haley