2020 - 38942 12/29/2020 12:48PM Page 1 of 11 AMENDED FOR GREATHOUSE MIDLAND, MIDIATED RESTRICTIVE COVENANTS THEREOF, SECTION 2, AN ADDITION TO THE CITY OF COUNTY, TEXAS, ACCORDING TO THE MAP OR PLA Midland County ClerkORDED IN CABINET G, PAGE 64, OF THE PLAT RECORDS official Copy PATE OF TEXAS COUNTY OF MIDLAND § § MIDLAND COUNTY, TEXAS PREAMBLE Midland County County Clerk WHEREAS, Section 2 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 72, Plat Records of Midland County, Texas ("Section 2"); and WHEREAS heretofore Greathouse Addition Section 2, is burdened by the Restrictive Covenants for Greathouse Addition, Section 2, recorded in Volume 2358, Page 438; and the Revised and Corrected Restrictive Covenants For Greathouse Addition Section 2, recorded in Volume 2377, Page 269, Deed Records, Midland County, Texas; and WHEREAS the undersigned, desire to amend and restate the "Amendment") specifying that at least two-thirds (2/3) of the Members of Section 2 provided by law and shallons with the following covenants and restrictions (the claiming any interest shall constitute covenants to run with all of the land as Anding upon all future and current owners and other parties or Unofficial Copy signature WTHER by the approval of the required percentage Lot Owners, as eienced by their Midland 1.1 low, the Restrictions are hereby amended and restated as follows: Article 1 Definitions Midland County Approved shall mean and refer to favorable action taken by the Association or its duly appointed representatives.
1.2 Association shall mean and refer to the GREATHOUSE HOMEOWNERS ASSOCIATION,
County Approved shall mean and refer to favorable action taken by the Association or its duly appointed representatives.
1.2 Association shall mean and refer to the GREATHOUSE HOMEOWNERS ASSOCIATION, an incorporated entity, together with its duly elected and appointed officers and representatives, the 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 Official Copy Yefer to those areas of land so designated and embraced by any present or future Plat of this division which are reserved for the common use, enjoyment an Mutual benefit of the Residential Lot Owner and their guests. Common Areas shall also landscaped median and drainage ease including landscaped median areas licensed from the City of Mid official Copy 1.4 Midland County & Developer shall mean and refer to Black Family Partnership, Ltd., a/k/a Brighton Country Development, LLC, and Los Conchos County Cler Putility Family Partnership, Mens, LLC, of Midland, Texas, 2020 - 38942 12/29/2020 12:48PM Page 2 of 11 together with its agents, successors.
d/or assigns.
Unofficial Copy 1.5 Lot shall mean and future Plat of this fer to any numbered tract or parcel of land, embraced by and OTTICcial Copy built. The term Sion upon which Approved residential buildings and apperk.
own yo commercial Midland 1.6 1.7 not include those parcels and tracts of land designated as be on Areas or
nd OTTICcial Copy built. The term Sion upon which Approved residential buildings and apperk.
own yo commercial Midland 1.6 1.7 not include those parcels and tracts of land designated as be on Areas or cts on any present or future Plat of the Subdivision. Any Residential Lot Owner who Cots with one residence thereon shall be considered the owner in the Association and for assessments.
Member shall mean and refer to each and every Reside Midland Lot for purposes of Lot 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 Subdivision shall mean and refer t ARTICLE 2 not be for any term shorter than ninety (90) days. Lots may not be used from Unofficial Copy, Clerk Unofficial Copathouse as Platted and described above.
2.1 No Permitted and Prohibited Uses Aperty or Lot shall beused for any, purpose other than single-family Midlandther kind, except as provided herein.
2.2 No building shall be erected on any residential Lot Lots may purposes one single-family dwelling and outbuildings incidental to and used in connection with the one single-family dwelling. An "outbuilding" shall be defined to include a garage, game room, workshop and other buildings
amily dwelling and outbuildings incidental to and used in connection with the one single-family dwelling. An "outbuilding" shall be defined to include a garage, game room, workshop and other buildings necessary for the convenience and pleasure of the occupants of the single- family dwelling erected on the Lot. All such buildings shall be of a design aesthetically compatible with that of the residence 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 members shall be initially appointed Dmmittee is here by established by these covenants and its been sold then the duties and homeowners association structure, building, fencabana, pool, or other improvements shall be reviewercial work.
developer. After 75% of the lots in the subdivision have architectural ty of the architectural control committee shall be governed by the established. All plans, remodels, additions, or alterations of the such const contre committee before construction commences. The committee must approve any 2.4 Midland County alteration, or improvement before any construction or improvement can commence.
No trailer, trailer-house or mobile home shall be placed on any shall any existing house or dwelling structure be moved on to County residential purposes Dot for Residential purposes.
Midland 2020 - 38942 12/29/2020 12:48PM Page 3 of 11
home shall be placed on any shall any existing house or dwelling structure be moved on to County residential purposes Dot for Residential purposes.
Midland 2020 - 38942 12/29/2020 12:48PM Page 3 of 11 This paragraph shall not be deemed or builder's field office. Such Extensions for such office official Copy the discretion of 2.5 and Cleroper 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) months "be granted in writing by Developer and granting such ned the construction of any building has begun, work thereon must be pr De completed within a reasonable time. No buildings shall be Midlanses during construction. Further, no garage, shed, tent, trailer, 1 hall be used for permanent or temporary residential purposes; Clerk Unofficial Copy Recuted diligently Occupied for residential or temporary building however, that this paragraph shall not be deemed or construed to prevent the use of a tempo ed during the period of actual construction of any structure on such property, and the use 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.
m 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 heretofore or hereafter 2.9 No weeds, part of a Lot, and promulgac thereon.
Midland County 2.11 Copy complete conformity with sanitary rules and regulations by the City of Midland.
rush or other unsightly growths shall be permitted to grow or Grefuse pile or unsightly objects shall be allowed to be placed or substantial changes in the elevation of land shall be made on Streets shall not be used by Residential Lot Owners parking is erk Unofficial Copy any to remain Midland remises of a Lot.
of their automobiles and vehicles except for occasional or temporary purposes. Occasional 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.
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%) co (excluding doors, windows or stone veneer.
2.14 Lot.
Clothesline Midland County exterior wall surface of each residence located on a Lot (Unofficialor glass) shall be of brick, rock, stone, brick veneer, rock veneer
s, windows or stone veneer.
2.14 Lot.
Clothesline Midland County exterior wall surface of each residence located on a Lot (Unofficialor glass) shall be of brick, rock, stone, brick veneer, rock veneer drying yards shall be so located as not to be visible from the the sounty Clerks cial Copy dwellings shall face the street on which the other Lots in the sa on Lots within the curved portion of a cul-de-sac shall front to Midland Block front. Dwellings the curve.
a 2020 38942 12/29/2020 12:48PM Page 4 of 11 2.16 No signs or other formscial Copy except one (1) small sign, for sale or for rent, campaign si are Midland County advertisement shall be permitted upon any of the Lots subject exceeding five (5) square feet in area, advertising the particular pre one (I) sign used by a builder to advertise the property during the &d size not to exceed sixteen (16) square feet; and from time to or a political not exceeding two (2) square feet in area. Neighborhood of rification signs No radio or television antenna with more than eight (8) a height in excess above the highest point of the roof shall be and to roof and back yard. Front yard installations are strictly prohibited.
et 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
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 Lot kept manner consistent with a underground irrigation systemat residential neighborhood and shall be irrigated by any Midland County Clerk Unofficist COP landscaping shall be maintained in a sightly and well3.2 ARTICLE3 Midland County Clerk Unofficial Copy Streets, Utilities, Easements and Rights of Way presently existing casements for utilities or drainage in the Served to the present owners of such easements.
ision 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 t a Supplemental Declaration of declaration by filing of record in Midland County, Texas and Restrictions and Covenants of this Declaration to such property; provided, however cord in Midland County, Texas during the initial seven Psuch supplementary declaration may contain such compenficial Copy additions and modifications of the Restrictions and Covenants contained in this declaration a necessary to with the purposes of this declaration.
mentary declaration may contain such compenficial Copy additions and modifications of the Restrictions and Covenants contained in this declaration a necessary to with the purposes of this declaration.
Midland Cau and different character, if any, of the added properties and as are not i be onsistent Midland County Clerk Un 2020 - 38942 12/29/2020 12:48PM Page 5 of 11 5.1 Clerk Unofficial Copy ARTICLE 5 Association Creation, Membership and Rights of Members Association") has been created as a non-profit corporation under the 1 Midland Comeowners Association. The GREATHOUSE HOMEOWNty Clerk Unofficial Copy, ASSOCIATION State of Texas which hall have the power and obligation of perpetually managing and Antaining, repairing, replacing, improving and insuring the Common Areas, facilities and easements within this Subdivision. The Association shall collect assessments and make disbursements of 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 fording is not intended to include persons or entities that hold
ns of this declaration and to the Association's Articles of Incorporation and Bylaws, as the same may be amended from time to time. The fording is not intended to include persons or entities that hold an interest merely as security for the shall not be transferred, pledged or in such purchaser), by interstate Dance of an obligation. The membership in the Association other legal process or any way except of the sale of such Lot (and then only to Excluded from Sciation. The record owner of a Lot shall be entitled to one County person mem of membership upon the execution of an Election to l Association one vote. Any joint owner shall designate to the Association in led to vote said membership. At the discretion of the Association, no Unofficial Copy of the Midlacial list of Members kept by the Secretary of the Association.
starship need to be issued, and if certificates are not issued, membership Ve Midland of be evidenced by an Notwithstanding the foregoing, the Developer shall be entitled to three (3) votes for each platted Lot owned by the Developer.
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 affirmative vote of the Aff Rivan Cormined by majority vote of the GREATHOUSE calendar month time period.
Board of Directors. The business and affairs of the Association shall be managed by a board of directors. The number of directors shall be
y majority vote of the GREATHOUSE calendar month time period.
Board of Directors. The business and affairs of the Association shall be managed by a board of directors. The number of directors shall be HOMEOWNERS ASSOCIATION. At unnual election, the Members shall elect directors to hold office until the next succeeding meeting. Directors shall meet at least once during each three (3) Vacancy occurring in the board of directors may be filled by the of the remaining directors. A director elected to fill a vacancy term of his predecessor in office.
elected for the un Midland County ma Midland County Clerk Unofficial Copy 2020 38942 12/29/2020 12:48PM Page 6 of 11 ARTICLE6 Midland County Clerk Unofficial Copy 6,1 Common Areas Ownership, Use and Property Rights Ammon Areas and Ownership. The Common Areas designated and she Subdivision shall be owned by the Association for the . The costs of perpetual maintenance, upkeep and in County Clerk Unofficial Copy equal basis by all the Members of the Association.
on any recorded Plat of the Members within this ats 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
t 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 ved by vote of two-thirds (2/3) of the Members of the Association and is accepted by title to the Common Areas dedication or transfer is to Une 80 have the prior approval of the City of Midland except where the ity of Midland.
Midland County Clerk representatives of such public entity. Any dedication or transfer of fee ARTICLE7 Midland County Clerk Unofficial Copy Assessments and Enforcement Assessments or Charges and special assessments for improv its shall be fixed, established and collected from time to time by the Association as provided. Such assessments and special assessments together with such interest and costs of collection 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
ment, 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, & Unofficial Copynagement and supervision.
7.2 Special assessments for authorized by the board of di of defraying, in whole replacement of a 7.3 the improvements in addition to the annual assessments may be ors in accordance with the Bylaws of the Association for the part, the cost of any construction or reconstruction, unexpected re County Clerbed improvement upon the Common Area..
es and Due Dates of Assessments. The board of directors of the As Clerk Unofficial Copy or Midland date and amount of assessment at least fifteen (15) days in advanceUundation shall specify Spare a roster of the properties and assessments applicable thereto. ✓ten notice of the assessment due date and shall 2020 - 38942 12/29/2020 12:48PM Page 7 of 11 Copy shall also be mailed to every Residentalot Owner at least fifteen (15) days in advance of the specified due date of the assessment.
Unofficia of the board of directors assessment, the evidence Coyment.
date of any special assessment shall be established by resolutio Association. Upon demand by any Residential Lot Owner liabl odirectors shall furnish in writing signed by an officer or Association Seth whether said assessment has been paid. Such certificate show conclythicial Copy
n demand by any Residential Lot Owner liabl odirectors shall furnish in writing signed by an officer or Association Seth whether said assessment has been paid. Such certificate show conclythicial Copy lien against the property which shall bind the hands of the the County Midland Effect of Non-Payment of Assessment. If the assessments are all become delinquent and together with such interest and cost paid when due, then they lection, become a continuing owner, his heirs, devisees, personal representatives and assigns from transferring the property without 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, in the event a judgment is obtained, the judgment shall include interest and attorney's provisions herein, no land or assessment, charges or liens 7.5 all nt any Toffovements devoted to dwelling use shall be exempt from said Enforceme The Association shall have the right to enforce, by any proceeding at ] Conditions, covenants, reservations, liens and charges now or the Covenants. The Association, by and through its Board, is setting forth the procedures to be followed in connection
any proceeding at ] Conditions, covenants, reservations, liens and charges now or the Covenants. The Association, by and through its Board, is setting forth the procedures to be followed in connection Mid any fine or penalty as outlined below, except as Unofficial Copy Unof equity, s otherwurposed by the by the Articles of Incorporation or by the Bylaws of the Association to adopt rules and enforcement and in erved to the Members by law, by the Association to enforce a Covenant will not be deemed a waiver of the right to do so. Invalidation of any of these Covenants by judgment or Court Order shall in no way effect any of the other provisions which shall remain in full force and effect.
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 prohibit taking additional action.
acts, disruptive behavior continuing written notice subject the Lot o The any event a violation is not of a continuing nature (i.e., single criminal Quises third g actions and taking any one action shall not be deemed to
avior continuing written notice subject the Lot o The any event a violation is not of a continuing nature (i.e., single criminal Quises third g actions and taking any one action shall not be deemed to 1 party intervention, and the like), a written notice shall constituteficial Copy activity. Any further violations shall be deemed a failure or enforcement as provided herein.
work under (ii) above. Fines imposed by the Association Board currey Clerk Midland We shall be obligated to reimburse the Association for all expenses i promulgated annually by the Board. A separate schedule of Miffens and it in performing above shall be defined and fines shall be published 2020 - 38942 12/29/2020 12:48PM Page 8 of 11 annually by the Board and shall offenses and fines may be effect until a subsequent publication is made. The schedule of annual meeting of the Board or at any special meeting of the called for the purpose of 1 offense for purposes imposed by the shall be secured by a lien against the Lot in the same manner as ng the schedule of offenses and fines. Each day shall constitute a 7.7 Midlandena 7.8 Unofficial Copy culating any fine. Any default on the payment of the resments.
of Violation. The Association shall provide a notice to each Own tinty by certified mail, return receipt requested to the last knew address ssociation for such Owner in conformance with the laws of the State Midrand C tines any Lot that violates on file with the Liens. Each Member is obligated to pay to the Association the Assessments which are secured by a continuing lien on the Lot against which the Assessment is made. 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
inuing lien on the Lot against which the Assessment is made. 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 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 of the State of Texas.
ARTICLE 8 Midlan coaty Clerk Unofficial Copy hereunder shall comply with the requirements of the laws 8.1 Duration and Enforcement Ovenants, restrictions, reservations and servitudes herein set forth inty Clerk Unofficial Copy effect until December 31, 2020, after which time these covenante Sontinue in full end for successive periods of ten (10) years unless an instrument automatically two thirds (2/3) of all Lots recorded in the Official Public Recorded by Owners of at least Midland County, Texas which contains and sets forth an agreement to abolish these Covenants, restrictions, and reservations, provided however, that this agreement to abolish the covenants shall not be effective unless made
which contains and sets forth an agreement to abolish these Covenants, restrictions, and reservations, provided however, that this agreement to abolish the covenants shall 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 to violate any of the requirimicial Copy If any person lawful for any other Hand or any interest therein in this Subdivision shall violate or attem Ons herein set forth before the first day of January, 2021, it shall Unofficial Copy prosecute proceederson or persons owning land or any interest therein in said Subdivision gs in law or equity against any person or persons so violating or a violate such restrictions, either to prevent such violation or such violator from so damage reason of such violation; provided, however, that such proceeding if conducted, shall the sole cost and expense of the person or persons prosecuting the Midlant pting to ng or to recover 2020 38942 12/29/2020 12:48PM Page 9 of 11 ARTICLE 9 Midland County Clerk Unofficial Copy 9.1 Amendments and Extensions
pense of the person or persons prosecuting the Midlant pting to ng or to recover 2020 38942 12/29/2020 12:48PM Page 9 of 11 ARTICLE 9 Midland County Clerk Unofficial Copy 9.1 Amendments and Extensions changes and amendments shall be in accordance with the platting anty Clerk Unofficial Copy zoning procedure City of Midland, and those changes and amendments, which directly to the Association the Common Areas shall be reviewed and approved by the City Ndland before enactment, and subject to the foregoing, shall be as follows: Midland (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 her shall be subject to amendment or alteration by the affirmative vote of the ow of two thirds (2/3) of the average subject hereto. Upon any addition or Greathouse pursuant to Article 4 of this Statement, current ownership nexationar including Any and allmendr County calculated on the total average existing after the addition or annexatficial Copy ✓ acreage added or annexed to the residential portion of Greathouse, In Midland County, Texas.
Midland County to these Restrictions and Covenants shall be recorded, ARTICLE 10 Miscellaneous
icial Copy ✓ acreage added or annexed to the residential portion of Greathouse, In Midland County, Texas.
Midland County to these Restrictions and Covenants shall be recorded, ARTICLE 10 Miscellaneous office 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 38942 12/29/2020 12:48PM Page 10 of 11 IN WITNESS WHEREOF, cial Copy Amended and Restated R GREants For Greathouse Addition Section 2 to be executed this 16 day of December, Clerk Uno Midland County Clerk OF TEXAS COUNTY OF MIDLAND cos cos cos USE HOMEOWNERS ASSOCIATION, INC. has caused this Sany By Jennifer Saenz, President Greathouse Homeowners Associationty. Clerk Unofficial Copy Midland This instrument was acknowledged before me on the 16 day of December, 2020, by Jennifer Saenz, President of the Greathouse Homeowners Association, Inc, a Texas non-profit corporation on behalf of said corporation.
PUB TEXAS COLE JENNINGS BRYAN Notary Public, State of Texas Comm. Expires 12-23-2021 Cole Notary Public, State of Texas Nota CERTIFICATE OF COMPLIANCE WITH SECTION 9.1 A copy of this Amended and provided to each resident of Covenants, an RESTRICTIVE COVENANTS Copy OF COLE JENNINGS BRYAN, Notary Public, State of Texa Comm. Expires 12-23-2021 Addition Section 2. Pursuant to Section 9.1 of the Restrictive Notary ID 128133759 affirmative use strictive Covenants For Greathouse Addition Section 2 were of at least 2/3 of the membership in Section 2 voted in favor to
rsuant to Section 9.1 of the Restrictive Notary ID 128133759 affirmative use strictive Covenants For Greathouse Addition Section 2 were of at least 2/3 of the membership in Section 2 voted in favor to amenofficial Copy and/or alter the Restrictive Covenants as contained in the Amended and Restated Restrictive Covenants.
A copy of the record of the affirmative vote of the members is kept with the records of the Cathouse Homeowne ssociation, Inc.
Midland County Saen By Jennifer and County President Greathowe 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.
NOTAR OF Given under my hand and seal of office this 16 day of December, 2020.
UBLIC 281 a Copy COLE JENNINGS BRYAL Notary Public, State) Comm.
Midland County Clerk C Notary Public State of Texas Midland County Clerk Unofficial Copy 2020 - 38942 12/29/2020 12:48PM Page 11 of 11 Midland County Clerk Unofficial Copy Instrument Number: 38942 Recorded On: December 29, 2020 12:48 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 Midland County Clerk Unofficial Copy
g: $62.00 Number of Pages: 11 " Examined and Charged as Follows: " Midland County Clerk Unofficial Copy 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.
File Information: Document Number: Receipt Number: Recorded Date/Time: User: Station: 38942 20201229000107 December 29, 2020 12:4 Pam M cc10299 Midland County, Clerk Unofficial Copy COUNTY LAND COUR COUNTY R TEXAS TE OF TEXAS Midland County Record and Return To: COLE BRYAN P.C.
713 DORAL CT MIDLAND TX 79705 County Clerk Unofficial Copy I hereby certify that this Instrument was filed in the File Number sequen✓ printed hereon, and was duly recorded in the Official Alison Haley Midland County Clerk Midland County, TX on the date/time of Midland County, Texas Aur Haley