AFTER RECORDING RETURN TO: Tim Hagen Glast, Phillips & Murray, P.C.
2200 One Galleria Tower 13355 Noel Road Dallas, Texas 75240 SECOND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GREENSPOINT, PROSPER, TEXAS THIS SECOND 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 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. 2006060 1000743060; 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. 2007701 18000070880; 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. The Original Declaration, as amended by the First Amendment, the First Supplement, and the Second Supplement, 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 of any Lot, Declarant may amend the Declaration with the consent ofat 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%) ofthe outstanding votes ofthe , Association, regardless of class; and WHEREAS, Declarant desires to amend the Declaration; and WHEREAS, the capitalized terms used herein shallhave 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 9.04 of the Declaration is amended to read as follows: 9.04 Minimum Floor Space. All floor areas referenced below are for air-conditioned floor areas, exclusive of porches, garages, or breezeways attached to the main dwelling. Each dwelling constructed on Lots 1 through 15 of Block B of the subdivision, as shown on the Plat, shall contain a minimum of two thousand (2,000) square feet, Each dwelling constructed on a Lot other than on Lots 1 through 15 of Block B of the subdivision, as shown on the Plat, shall contain a minimum of two thousand five hundred (2,500) square feet.
feet, Each dwelling constructed on a Lot other than on Lots 1 through 15 of Block B of the subdivision, as shown on the Plat, shall contain a minimum of two thousand five hundred (2,500) square feet.
Future phases of the subdivision may have minimum square footage requirements that are greater or less than the requirement set forth above. The exact minimum square footage requirement will be set forth in the Supplemental Declaration adding such phase to the scheme of this Declaration.
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, STATE OF TEXAS § COUNTY OF DALLAS = § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, onthis day personally appeared CHAS FITZGERALD, President of WILBOW-PROSPER ONE DEVELOPMENT CORPORATION, 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.
he GIVEN UNDER MY HAND AND SBAL OF OFFICE, this 2% 7 day of eng won, 2008.
reek: CG Ok Notary Public, Stdte of Texas ne rag ef A . Cade, fs - 3d -2A0f/2 (Printed or Typed'Name of Notary) ‘se thee 4 MARGARET A CADY My Commission Expires May 30, 2032 fi Rae My Commission Expires: oC CONSENT, JOINDER, AND SUBORDINATION OF MORTGAGEE The undersigned, the mortgagee holding a current deed of trust lien on all or a portion ofthe
ssion Expires: oC CONSENT, JOINDER, AND SUBORDINATION OF MORTGAGEE The undersigned, the mortgagee holding a current deed of trust lien on all or a portion ofthe Properties (as such term is described in the Declaration), does hereby consent to the execution and recordation of the foregoing, Second 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 Second Amendment to Declaration.
EXECUTED this the 2% — day otiep Beaten, 2008.
FROST NATIONAL BANK By: Title: STATE OF TEXAS COD 6GR 40> COUNTY OF DALLAS ° BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared — Zarry Chilton vy 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 OF OFFICE, this 24/54 day of September , 2008.
SCRA {2 Notary Public, State o a Seay That ke rsory My Commission Expires: SEAN THACKERSON Notary Public STATE OF TEXAS My Comm Exp. 01-05-2012 Filed and Recorded Official Public Records Stacey Kemp, County Clerk Gollin County, TExaS 10/82/2008 02:47:10 PM $32.00 TKING 2008 1002001178790