crapmrcvnne — WONG snes Tim Hagen Glast, Phillips & Murray, P.C.
2200 One Galleria Tower 13355 Noel Road Dalias, Texas 75240 FOURTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GREENSPOINT, PROSPER, TEXAS THIS FOURTH AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GREENSPOINT, PROSPER, TEXAS (this "Amendment") is made by WILBOW-PROSPER ONE. DEVELOPMENT CORPORATION, a Texas corporation ("Declarant"), as of the jg day of January, 2010.
WHEREAS, Declarant executed that certain Declaration of Covenants, Conditions and Restrictions for Greenspoint, Prosper, Texas (the "Original Declaration"), dated June 1, 2006, recorded in the Official Public Records of Real Property of Collin County, Texas, under Document No. 20060601000743060; and WHEREAS, Declarant executed that certain First Amendment to Declaration of Covenants, Conditions and Restrictions for Greenspoint, Prosper, Texas (the "First_ Amendment"), dated December 29, 2006, recorded in the Official Public Records of Real Property of Collin County, Texas, under Document No. 200770118000070880; and WHEREAS, Declarant and Wilbow-Greenspoint Development Corporation, a Texas corporation, executed that certain First Supplementary Declaration of Covenants, Conditions and Restrictions for Greenspoint, Prosper, Texas (the "First Supplement"), dated May 23, 2007, recorded in the Official Public Records of Real Property of Collin County, Texas, under Document No. 20070522000690190; and WHEREAS, Declarant and Wilbow-Greenspoint Development. Corporation, a Texas corporation, executed that certain Second Supplementary Declaration of Covenants, Conditions and Restrictions for Greenspoint, Prosper, Texas (the "Second Supplement"), dated June 25, 2008,
n, a Texas corporation, executed that certain Second Supplementary Declaration of Covenants, Conditions and Restrictions for Greenspoint, Prosper, Texas (the "Second Supplement"), dated June 25, 2008, recorded in the Official Public Records of Real Property of Collin County, Texas, under Document No. 20080721000881650; and WHEREAS, Declarant executed that certain Second Amendment to Declaration of Covenants, Conditions and Restrictions for Greenspoint, Prosper, Texas (the "Second Amendment"), dated August 27, 2008, recorded in the Official Public Records of Real Property of Collin County, Texas, under Document No. 20081002001178790; and WHEREAS, Declarant executed that certain Third Amendment to Declaration of Covenants, Conditions and Restrictions for Greenspoint, Prosper, Texas (the "Third Amendment") dated November 7, 2008, recorded in the Official Public Records of Real Property of Collin County, Texas, under Document No. 20081202001380710. The Original Declaration, as amended by the First Amendment, the First Supplement, the Second Supplement, the Second Amendment, and the Third Amendment shall herein be referred to as the "Declaration"; and WHEREAS, Section 12.02 of the Declaration provides that during the time Declarant is the owner ofany Lot, Declarant may amend the Declaration with the consent of at least fifty-one percent (51%) of the outstanding votes of the Association, regardless of class; and WHEREAS, Declarant owns at least fifty-one percent (51%) of the outstanding votes of the Association, regardless of class; and WHEREAS, Declarant desires to amend the Declaration; and WHEREAS, the capitalized terms used herein shall have the meanings given such terms in the Declaration, unless expressly defined herein.
s; and WHEREAS, Declarant desires to amend the Declaration; and WHEREAS, the capitalized terms used herein shall have the meanings given such terms in the Declaration, unless expressly defined herein.
NOW, THEREFORE, Declarant declares that the Declaration is hereby amended as follows: 1. Section 3.02(iii) of the Declaration is amended to read as follows: (iii) | onthe 20" anniversary of the date this Declaration was recorded in the Office of the County Clerk of Collin County, Texas.
2. The second (2) to last paragraph of Section 3.02 of the Declaration is amended to read as follows: Notwithstanding the voting rights within the Association, until neither the Declarant nor the Class B Members own record title to any of the Lots, the Association shall take no action with respect to any matter whatsoever without the prior written consent of the Declarant and the Declarant shall have the sole authority to select and appoint the members of the Architectural Control Committee.
3, Section 5.04(d)(ii) of the Declaration is amended to read as follows:: (ii) As to a Lot owned by a Class B Member, the full annual maintenance assessment shall be payable, unless otherwise approved by the Board of Directors.
$ i 4. The five (5) year period in the first (1) sentence of the last paragraph of Section 5.04(d) of the Declaration is changed to twenty (20) years.
The Declaration, as expressly modified herein, remains in full force and effect and is hereby ratified and confirmed.
EXECUTED as of the date set forth above.
WILBOW-PROSPER ONE DEVELOPMENT CORPORATION, a Texas corporation STATE OF TEXAS Kn COUNTY OF DALLAS § BEFORE ME, the undersigned sth a Notary Public in and for the State of Texas, on
e set forth above.
WILBOW-PROSPER ONE DEVELOPMENT CORPORATION, a Texas corporation STATE OF TEXAS Kn COUNTY OF DALLAS § BEFORE ME, the undersigned sth a Notary Public in and for the State of Texas, on this day personally appeared ' harle Ss COC cold , President of WILBOW-PROSPER ONE DEVELOPMENT CORBORATION. a Texas corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of such corporation.
fs GIVEN UNDER MY HAND AND SEAL OF OFFICE, this je day of RAL , 2010.
atti (od (Notary Public, State of Texas My Commission Expires: Ys , . hn CHO cet ie} ‘ Cede — OF 3d) Soi | (Printed or Fyped Name of Notary) / CONSENT, JOINDER, AND SUBORDINATION OF MORTGAGEE The undersigned, the mortgagee holding a current deed of trust lien on all or a portion of the Properties (as such term is described in the Declaration), does hereby consent to the execution and recordation of the foregoing, Fourth Amendment to Declaration of Covenants, Conditions and Restrictions for Greenspoint, Prosper, Texas, and agrees that all liens currently held by it shall be subject and subordinate to the provisions of the foregoing Fourth Amendment to Declaration.
EXECUTED this the 2A day of TA SuUARL , 2010.
FROST NATIONAL BANK STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared LARRY Cruicrov » E.)-P. of FROST NATIONAL BANK, known to me to be the person and officer whose name is subscribed
hority, a Notary Public in and for the State of Texas, on this day personally appeared LARRY Cruicrov » E.)-P. of FROST NATIONAL BANK, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as a duly authorized officer of such entity, and as the act and deed of such entity, for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL QF OFFICE, this 22°) day of otary Public, State of Texa My Commission Expires: Wf d UU, ae —tieaho rihted or Typed Name of Notary) ASMEE M LAFLEUR November 29, 2010