Document

Si DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIO | FOR GREENWOOD FLATS CONDOMINIUMS Dallas, Dallas County, Ce IN o> NX 26 ! Declarant: orn LP, a Texas limited partnership TABLE OF CONTENTS ARTICLE I DEFINITIONS PAGE 1 ARTICLE II 2.1 Division of Project....

DIVISION OF PROJECT AND CREATION OF PROPERTY RIGHTS ..........5 2.2 2.3 Partition Prohibited.

No Separate Conveyance of Undivided Interests 2.4 2.5 ARTICLE III 9 .9 9 .9 .9 ARTICLE IV .9 4,1 Personal Obligation of Assessments..

9 4.2 Purposes of Assessments 10 4.3 Monthly Assessments and Creation of Lien 10 4.4 Special Assessments...

11 4.5 Initial Capital Contribution.

11 4.6 Assessment Lien 11 4.7 Date of Commencement of Assessment; Due Dates 12 4.8 Transfer of Unit by Sale or Foreclosure..

12 4.9 Separate Taxation 13 Duties and Powers ARTICLE ARTICLE V DUTIES AND POWERS OF THE ASSOCIATION.

Maintenance of Project by Association Association Easements and Access to Units..

Owners' Rights and Duties.....

13 13 14 14 15 15 Easement for Utilities and Maintenance 16 6.3 Association's Duties...

16 6.4.

Underground Utilities Outside of Recorded Easements 16 Unoticial Copy 5 Right of Declarant to Combine or Subdivide Units.

Declarant Control Period ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS 3.1 Association to Manage Common Elements 3.2 Membership Transferred Membership.

3.3 3.4 Voting Rights.

3.5 Board of Directors ΜΑΙΝΤΕΝANCE AND ASSESSMENTS -iTABLE OF CONTENTS (continued) ARTICLE VII USE RESTRICTIONS 16 7.1 Use of Individual Units..

16 7.2 Nuisances .16 7.3 Vehicle Restrictions.

.16 7.4 Signs...

17 7.5 Animals.

7 7.6 Garbage and Refuse Disposal 17 7.7 Attachments 7.8 Right to Lease 17 7.9 Mortgaging a Unit - Priority .18 7.10. Power Equipment and Car Maintenance 18

trictions.

.16 7.4 Signs...

17 7.5 Animals.

7 7.6 Garbage and Refuse Disposal 17 7.7 Attachments 7.8 Right to Lease 17 7.9 Mortgaging a Unit - Priority .18 7.10. Power Equipment and Car Maintenance 18 7.11 Liability of Owners for Damage to Common Elements 18 7.12 No Warranty of Enforceability 19 7.13 Limitation of Restrictions of Declarant..

ARTICLE VIII ARCHITECTURAL CONTROL.

19 19 8.1 Prohibition of Alteration and Improvement.

19 8.2 Plans and Approval, .20 8.3 Architectural Control Committee.

Committee .20 ARTICLE IX GENERAL PROVISIONS.

.20 9.1 Enforcement.

.20 9.2 Invalidity of Any Provision..

21 9.3 Encroachment and Protrusion Easements.

.21 9.4 Termination of Mechanic's Lien Rights and Indemnification .21 9.5 Mortgage Protection Clauses.

.21 9.6 Revocation or Amendment to Project Documents .24 9.7.

Owner's Right and Obligation to Maintain and Repair.

.25 9.8 Insurance; Damage or Destruction..

.26 9.9 Financing of Purchase of Unit by Association .33 Owners' Compliance.

Construction......

9.10 Termination of Any Responsibility of Declarant.

9.1 9.12 Legal Intent.

9.13 Conflict of Project Documents 9.14 Term of Declaration..

9.15 Captions 9.16 9.17 Effective Date .33 33 .33 34 ..34 ..34 .34 .34 - ii. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GREENWOOD FLATS CONDOMINIUMS THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR GREENWOOD FLATS. CONDOMINIUMS (the "Declaration"), made on the date hereinafter set forth, by STILLWATER SEVILLE MCCOMMAS, LP, a Texas limited partnership (the "Declarant"), is made with reference to the following facts: incorporated herein by echaenee (the "Prope: Property").

B. Declarant desires to establish a condominium regime as to thé } 82 of the Texas Property Code also known as the Texas Uniform. mi

ing facts: incorporated herein by echaenee (the "Prope: Property").

B. Declarant desires to establish a condominium regime as to thé } 82 of the Texas Property Code also known as the Texas Uniform. mi Declarant does hereby establish a plan for the individual of consisting of each Condominium or Unit (each hereinafter de Common Interest (hereinafter defined) in the Common Ele Condominium or Unit shall have appurtenant to it @ mse CONDOMINIUM ASSOCIATION, INC., a Texas non-ps Cc. Declarant does, by this Declarasion ifypase pn the Property mutually beneficial.

restrictions under a general plan of improveniegits{oy ie the Owners (hereinafter defined) thereof.

and hereby declares that the ¢ encumbered, leased, rented fg er€in described shall be held, conveyed, mortgaged, sold and improved subject to the following declarations, ARTICLE I DEFINITIONS amended from time to time.

1.2. "Assessment" shall mean the assessment made and levied against each Owner and his, her or its Unit for that portion of the cost of maintaining, improving, repairing, operating and managing the Project and for repair, maintenance and. operation of the Common Elements, including 1 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums.

reserves for replacements, which is to be paid by each Owner as determined by the Association in accordance with this Declaration and the Bylaws (hereinafter defined). Assessments shall be allocated among the Units as provided in Article IV.

1.3. "Association" shall mean and refer to GREENWOOD FLATS CONDOMINIUM ASSOCIATION, INC., a non-profit corporation organized pursuant to the Texas Business

d among the Units as provided in Article IV.

1.3. "Association" shall mean and refer to GREENWOOD FLATS CONDOMINIUM ASSOCIATION, INC., a non-profit corporation organized pursuant to the Texas Business Organizations Code, its successors and assigns, of which the Owners shall all be Members (hereinafter defined).

Association..

1.5. "Building" shall mean a structure presently erected or being erectge containing two (2) or more Units.

1.6. "Bylaws" shall mean and refer to the Bylaws of the.Assecjati to time.

the Board; 1.8.2. Expenses Xin ratign pnd management, maintenance, repair or ag provided herein, including a reasonable game aréshowh on Exhibits B-1 and C-1.

1.10. "Condominium," "Condominium Unit" or "Unit" shall mean each physical portion of the Project designated for separate ownership or occupancy, the boundaries of which are described by this Declaration, including, without limitation, Section 2.1.1. hereof, together with the applicable Common Interest.

2 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums 1.11. "Declarant" shall mean and refer to Stillwater Seville McCommas, LP, a Texas limited partriership, and its successors-in-interest and assigns, provided i) such:successors or assigns are designated in writing by Declarant (or any successor or assign) as a successor or assign of the.

tights of Declarant hereunder, and ii) any such succession or assignment is approved in writing by LegacyTexas Bank, a national banking association (the “Bank”) during such period of time that a deed of trust securing any loan from Bank to Declarant or Declarant’s successors or assigns encumbers all or any portion of the Project (the “Bank Lien Period”).

nk”) during such period of time that a deed of trust securing any loan from Bank to Declarant or Declarant’s successors or assigns encumbers all or any portion of the Project (the “Bank Lien Period”).

The duration of Declarant Control Period terminates not later than. one hundred and days after title to seventy-five percent (75%) of the maximum Units that may be crgete 1.14. "General Common Elements" shall mean and in 1.14.1. The land in the condominium re s more particularly described on Exhibit A-1 attached hereto.

e s Limited Common Elements GitWerwecn two (2) or more Units or between Units and Common Eley (including any windows, dedys a partially recessed thereigi)) og ceilings and floors, péxy 1.14.3.

from parking 4. The installations consisting of the equipment and materials making up érvices such as power, electricity, elevators, water, sewer, television, ot Y utility service, trash, maintenance, and similar fixtures, apparatus, installations and facilities, which are intended to serve more than one (1) Unit.

1.14.5. All other structures, facilities, equipment, and property located on the.

Project necessary or convenient to its existence, maintenance, operation and safety, or normally in common use.

Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums 1.14.6. All other items not described as a Unit or a Limited Common Element.

1.14.7. All repairs, replacements and additions to any of the foregoing.

1.15. “Institutional Lender" shall mean (a) the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, VA, FHA, or other similar government agency; (b) any bank, savings and loan association, insurance company, or other similar financial institution; or (c)

n, the Federal National Mortgage Association, VA, FHA, or other similar government agency; (b) any bank, savings and loan association, insurance company, or other similar financial institution; or (c) the Declarant; to the extent any such party (i) takes back and retains a note secured by the lienfs) of one (1) or more recorded Deed(s) of Trust or.a Unit covering all or any portion of the Propertyu} the sale thereof, or (ii) subsequently extends to any Owner financing which is secured by Trust on all or any portion of the Property. The term "Institutional Lender" shall also Declarant, and ii). the Bank during the Bank Lien Period. ey ) occupants of said Unit or Units either in this Declaration, or as indicated on the\Plat. and/or Plan as same may be 1.16.1. Balconies indicated on the Plarpand beinsadjacent to and appurtenant to a specified Unit or Units; @.5. Ag other property described under Section 82.052 of the Act which d Sani ise either the General Common Elements or the Units.

Member" shall mean and refer to a person entitled to membership in the Association as provided he 1.18. "Mortgage" or "Deed of Trust" shall mean a lien interest in a Unit given to a creditor as security for repayment of a loan made to the Unit Owner, said interest to be evidenced by an instrument duly and properly recorded in the Deed of Trust Records of Dallas County, Texas.

1.19. "Mortgagee" shall mean i) the beneficiary or a holder of any first (1st) lien Deed of 4 Declaration of Covenants, Conditions and Restrictioiis for Greenwood Flats Condominiums Trust or Mortgage, and ii) the Bank, until the expiration of the Bank Lien Period.

1.20. "Owner" ot "Owners" shall mean and refer to the record holder or holders of fee

or Greenwood Flats Condominiums Trust or Mortgage, and ii) the Bank, until the expiration of the Bank Lien Period.

1.20. "Owner" ot "Owners" shall mean and refer to the record holder or holders of fee simple title ofa Unit in the Project, but shall exclude Persons having any interest in a Unit merely as security for the performance of any obligation.

1.21. "Person" shall mean a natural person, a corporation, a partnership, a trustee, or other legal entity.

1.22. "Plat" shall mean the survey of the Property attached hereto as Exhibit B-1 and a part hereof for all purposes. The Plat, being part of this Declaration, is being recorde@“as: this Declaration.

of this Declardtion.

1.24. "Project" shall mean the Property together with the B and improvements erected or situated thereon, and Commodq appurtenances thereto.

1.25. "Texas Uniform Condominiur Property Code, which permits the creation 0 or supplemented, and any successor statute.

O | mean Chapter 82 of the Texas gimes, as same has or may be amended Ch dototy S ICLE I CREATION OF PROPERTY RIGHTS cn fa e Project is hereby divided into the following freehold estates nttached hereto, the Buildings in the Project and the Units located yn the Plan.

and areas, on the Plat @ therein are numb s. The boundaries of each Unit shall be and are the interior inted surfaces of the perimeter walls, floors and ceilings, and the Unit d& both the portions of the Building so described, and the airspace so agsed, excepting Common Elements. Included in each Unit, without sita#6n, shall be any finishing materials applied or affixed to the interior surfaces of the common exterior walls or interior walls, floors or ceilings (such as, but without limitation, paint, wallpaper, vinyl wall or floor covering, carpet and tile). Interior

to the interior surfaces of the common exterior walls or interior walls, floors or ceilings (such as, but without limitation, paint, wallpaper, vinyl wall or floor covering, carpet and tile). Interior trim around windows and doors shall be a part of each Unit and shall not be a part of the Common Elements. The Unit itself does not include the Common Elements described herein, but rather the ownership of a Unit includes (a) the exclusive use of the Limited Common Elements appurtenant thereto, and (b) the ownership of the 5 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums applicable Common Interest appurtenant thereto. It is expressly stipulated, and each and every purchaser of a Unit, and such purchaser’s heirs, executors, administrators, successors and assigns hereby agree that the square footage, size and dimensions of each Unit, as set out.and shown in this Declaration or on the Plat and/or Plan are approximate and are shown for descriptive purposes only, and that the Declarant does not warrant, tepresent or guarantee that any Unit actually contains the area, square footage or dimensions shown by the Plat and/or Plan thereof. Each purchaser and Owner of a Unit, or interest therein, has had full opportunity and is under a duty to inspect and examine the Unit purchased by him, her or it prior to the purchase thereof, and agrees that the Unit is purchased as actually and physically existing.

Each purchaser of a Unit hereby expressly waives any claim or demand which he, ght or it may havé against the Declarant or other seller of such Unit on account of minor variance between boundaries shown on the Plat and/or Plan or deed, SadNhose of any Building.

2.1.2. Common Elements. he nortion of the. Property, referred

other seller of such Unit on account of minor variance between boundaries shown on the Plat and/or Plan or deed, SadNhose of any Building.

2.1.2. Common Elements. he nortion of the. Property, referred to herein as "Common Elements," sha ll of the elements set forth in Section 1.7. hereof. Each Unit Owp ¢ Unit, the applicable oN (6 an undivided percentage interest in the Common EseMeats, based Ap inium shall include the appurtenant Common appurtenant to edch Unit is permanent in character Notwithstanding the transfer of the ownership of the Common Elements to the Owners as tenants in common, the Declarant shall reserve and hereby reserves unto itself and to the Association or its designated agents an easement over and onto the Common Elemerits for common driveway purposes, for drainage and encroachment purposes and for ingress to and egress from the Common Elements for the purpose of completing improvements thereon, for the performance of necessary repair work, for 6 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums exercise of its Development Rights (defined below in Section 2.5.) and for entry onto the Property. Declarant further reserves unto itself and to the Association or its.

designated agents the right to establish easements, reservations, exceptions and exclusions consistent with the ownership of the Project and for the best interest of the Owners and the Association in order to serve the entire Project.

2.1.3. Limited Common Elements. The Limited Common Elements shall be identified herein or on the Plat and/or Plan, as amended from time to time, and designated as appurtenant to a particular Unit or Units. The rights of an individual Owner in the Limited Common Elements shall consist of: (1) an exclusive easement

as amended from time to time, and designated as appurtenant to a particular Unit or Units. The rights of an individual Owner in the Limited Common Elements shall consist of: (1) an exclusive easement to use the utilities and lines desctibed in Section 1.16.2. hereof and the arga described in Section 1.16.1. and Section 1.16.3. hereof} (2) an exclusive easeme and cannot be changed, except as herein set forth. Deg acant andég that the undivided interests in the Common Sede & exclusive easements of the Limited Common Elements, and the fee title to the respective : separated or separately conveyed, and each su 3 adi yi deemed to be conveyed or encumbered with esk instrument of conveyance or encumbrance may\elsr anlyAo the fee title to the Unit.

by sale of a single Unit o prohibited hereby (but paf 4.1. physically combine. the space within one (1) Unit with the space ithieOne (1) or more adjoining Units, to redetermine the Common Interest of the Units so combined and to amend the Declaration and the Plat and/or Plan to include said changes; 2.4.2. physically combine part of or a combination of parts of the space within one Unit with part or parts of space within one or more adjoining Units, to redetermine the Common Interests of the Units so combined and to amend the 7 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums Declaration and Plat and/or Plan to include said changes; 2.4.3. partition or subdivide any Unit. owned by Declarant into two (2) or more Units, Common Elements, or a combination of Units and Common Elements, to redetermine the Common Interest of those Units so partitioned or subdivided, and to amend the Declaration and Plat and/or Plan to include said changes; and

combination of Units and Common Elements, to redetermine the Common Interest of those Units so partitioned or subdivided, and to amend the Declaration and Plat and/or Plan to include said changes; and 2.4.4. modify or remodel one or more Units into larger or smaller Units or any combination thereof, to construct, alter, relocate or remove any walls or do any other work which may be necessary to complete such modification or remodeling, to redetermine the Common Interest of the Units altered, if any, and to amend Declaration to include said changes.

would be occupied by such structural separations but fo * however, that such walls, floors or other structural sepe expressly provided that the hergi>re ’d tights of Declarant shall in no event be construed or interpreted to grant Declarant a affect, change or alter any Unit, Limited Common Element or the Common Interest appurtéPas Jnit other than the Units owned by Declarant.

2.5 pment Control Periods. No consent shall be required from the Board.or, Architectural S] Conimittee in connection with the exercise of Declarant's rights as set forth i in Ap pendis ote eves, Declarant may not terminate any of the Development Rights prior to the “nt Control Period without the written consent of the Bank during the Bank Lien anding anything to the contrary herein or in the Project documents, Declarant will retain cOntrol-6f the operation and management of the Association during the Declarant Control Period pursuant to the terms and provisions of Appendix "A" of this Declaration. The duration of the Declarant Control Period is defined in Section 1.12. hereof.

ARTICLE III ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS 8

provisions of Appendix "A" of this Declaration. The duration of the Declarant Control Period is defined in Section 1.12. hereof.

ARTICLE III ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS 8 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums 3.1. Association to Manage Common Elements. The. management of the Common Elements shall be vested in the Association in accordance with the terms of this Declaration, the Articles and the Bylaws, and all Owners and all holders of liens thereon shall be bound thereby. The Owners covenant and agree that the administration of the Project shall be in accordance with the provisions of this Declaration, the Articles and the Bylaws, subject to the standards set forth in this Declaration and all applicable laws, regulations and ordinances of ahy governmental or quasi governmental body or agency having jurisdiction over the Project or the Association, as same may be amended from time to time. | 3.2. Membership. Any Person, upon becoming an Owner, shall automatically be C-l.

ssociation shall be managed by a Board of l conduct regular and special meetings according 3.5. Board of Directors. The a Directors which has been establish d ion of Assessments. Except.as otherwise set forth herein, each Leabpttt e.of a deed therefor, whether or not.it.shall be so expressed in such a part Of the purchase money consideration for such deed and conveyance, to a¥ to the Association: (1) regular monthly Assessments or charges, and (2) liability fe contribution toward the Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by the abandonment of his, her or its Unit. Regarding Assessments, during the Declarant Control, Period only, Declarant. at Declarant's option may support the

njoyment of any of the Common Elements or by the abandonment of his, her or its Unit. Regarding Assessments, during the Declarant Control, Period only, Declarant. at Declarant's option may support the Association's budget by either of the following methods: (i) Declarant will pay Assessments on each Declarant owned Unit in the same manner as any Owner; or (ii) Declarant will assume responsibility for the difference between the Association's actual common expenses as they are paid and the Assessments received from Owners other than Declarant, and will provide any additional funds 9 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums necessary to pay actual cash outlays of the Association. On the earlier to occur of three (3) years after the first conveyance of a Unit by the Declarant or termination of the Declarant Control Period, Declarant must begin paying Assessments on each Declarant owned Unit according to the Unit's allocated percentage interest for Assessments. Notwithstanding any provision herein to the contrary, ‘Declarant shall in no event be obligated under this Section 4.1. to pay (whether through matching Assessment amounts or operating deficit funding) an aggregate amount per month in excess of the total amount of regular monthly Assessments which would be applicable to the Units then owned by Declarant if calculated pursuant to Section 4.3. below.

4.2. Purposes of Assessments. The Assessments levied by the Association shall by exclusively for the following: (a) to obtain casualty, risk and liability insurance for the Rfd}e the Owners and Association with respect thereto; me to promote the tecreation, heg | with respect to property owned by the Association and any piDpe

asualty, risk and liability insurance for the Rfd}e the Owners and Association with respect thereto; me to promote the tecreation, heg | with respect to property owned by the Association and any piDpe does not constitute Units or Common Elements; (e) to pay for theA : a reserve. fund for maintenance, wise provided in the Bylaws and he ‘Limited Common Elements shall in Sectioi.4/b¢low) which may be levied pursuant to the terms hereof, and the expenses incurred in connéstion“with the enforcement thereof, including, without limitation, interest at the rate provided in Section 4.6. hereof, costs and reasonable attorneys' fees. Said liens may be-enforced by appropriate judicial proceedings, and the amounts secured thereby shall be the obligation of and.

chargeable to the Owner in default. Any such lien shall be senior and have priority over any other lien except those set forth in Sections 82.113(b) of the Act, and any lien of the Bank during the Bank Lien Period.

10 Declaration of Covenants, Conditions and Restrictions for Greenwood. Flats Condominiums.

4.4, Special Assessments. In addition to the regular Assessments authorized above, the Board may levy, in any year, one or more Special Assessments (herein so called) only for the purpose of defraying, in whole or‘ih part, costs and expenses incurred or to be incurred in the current year, or in the immediately preceding or subsequent fiscal year, including, without limitation, the cost of any construction, reconstruction, repair or replacement of any capital improvements upon the Common Elements, including fixtures and personal property related thereto, or to defray any unanticipated or underestimated expense or other action or undertaking normally covered by a regular Assessment

mon Elements, including fixtures and personal property related thereto, or to defray any unanticipated or underestimated expense or other action or undertaking normally covered by a regular Assessment (and, where necessary, for taxes assessed against the Conitnon Elements or the Project as a whole).

Said Special Assessments shall be assessed against each. Owner in proportion to the Common and his, her or its Unit into compliance with the provisions of this Declaration including actual attorneys' fees and costs and/or to pay for any damage to the Projgat, 4.5, Initial Capital Contribution. Each original purcha the equivalent of at least 2 months of assessments to the Avsg one-time nonrefundable fee paid to the Association to créq expenses ahd insurance premiums can be paid. The anjors Marking capital contribution may vary from time to time as the budget is revised. © 4.6. Assessment Lien. All sums ass chargeable to any Unit, including interest, date such Assessments are due urti> said limiting the interest contracted f6rfcokarse ¢ fame of the Owner of the Unit and a. description of the Unit which of the County Clerk of Dallas County, Texas. Such lien may be.

re-Of the defaulting Owner's Unit by the Association in accordance with 4nd any foreclosure shall be subject to any right ofredemption afforded by 5 proceeding, the Owner shall be required to pay the costs, expenses and ted in connection with filing @ the lien, and i in the event of any foreclosure Association the monthly Assessment for the Unit during the period of foreclosure, and. the Association. shall be entitled to the appointment of'a receiver to collect sarne. The Association shall have the power to bid on the Unit at foreclosure or other legal sale and to acquire and hold, lease,

ciation. shall be entitled to the appointment of'a receiver to collect sarne. The Association shall have the power to bid on the Unit at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, corivey or otherwise deal with the same. Any Mortgagee holding a Mortgage or Deed of Trust ona Unit may pay, but shall not be required to pay, any unpaid Assessments owing with respect:to such Unit, but such payment shall not be deemed a waiver of the 1] Declaration.of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums Owner's default by either the Association or such Mortgagee. The amount of the Common Expenses assessed against each Unit, shall also be a petsonal debt of the Owner thereof at the time the Assessment is made. Suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing same. Each Owner, by acceptance ofa deed.to a Unit, hereby expressly vests in the Association or its agents the right and._power to bring all actions against such Owner personally for the collection of such charges as a debt, and to enforce the aforesaid liens by all methods available for the enforcenient of such liens, including judicial or nonjudicial foreclosure, and such Owner hereby expressly grants to the Association the private power of sale in connection with said liens. The Association may also temporarily suspend the Assoc} ation membership and voting rights of any Owner who is in default in payment of any Assess accordance with the Bylaws.

4.7. Date of Commencement of Assessment; Due Dates. Except as provi amount of the > monthly ‘Assessments, The due date eG special Assessment shall be the due date(s) specified

ordance with the Bylaws.

4.7. Date of Commencement of Assessment; Due Dates. Except as provi amount of the > monthly ‘Assessments, The due date eG special Assessment shall be the due date(s) specified which became due prior to Such Mortgage or Deed of Trust). No’ such sale or transfer shall relieve such § for any Assessments thereafter becoming due or from the lien thereof. When any Mortwagd< af a Mortgage or Deed of Trust obtains title to a Unit as a ot be liable for the unpaid dues or charges of the Association thereof, such Mortgadog si chargeable to such-Gak which A cerued subsequent to the recordation of such Mortgage or Deed of ie of foreclosure), the grantee of the same shall not be liable with the grantor for all urtpe gesgments by the Association against the latter for his, her or its share of the Common.

Expensésup.te the time of the grant or conveyarice, unless said liability is assumed by the grantee or required by the Act. Any such grantee, upon payment to the Association of a reasonable fee to be established by the Board, and upon written request, shall be entitled to a resale certificate as required by Section 82.157 of the Act, issued by the Association, setting forth the amount of any unpaid Assessments then due and owing to the Association with respect to the Unit being purchased, together with such other information as is required by Section 82. 157(a) of the Act, and such grantee shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any: unpaid Assessments 12 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums.

made by the Association against the grantor in excess of the amount set forth in the statement and

ssessments 12 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums.

made by the Association against the grantor in excess of the amount set forth in the statement and applicable to a period of time prior to the date of such statement. Notwithstanding anything herein to the contrary, in the event the Bank obtains title to a Unit as a result of foreclosure of its Mortgage or Deed of Trust securing a loan by Bank to Declarant or Declarant’s successors or assigns, or by deed or other conveyance in lieu thereof, the Bank shall not be liable for the unpaid dues, assessments, or charges of the Association chargeable'to such Unit which accrued subsequent to the recordation of the Mortgage or Deed of Trust and prior to the acquisition of title to such Unit by the Bank.

assessments. and other charges of this state, or of any political subdivision, special i district or any other taxing or assessing authority. The lien for taxes assessed to any confined d to that Unit.. No forfeiture or sale of any Unit shall divest or in any way assessments shall be a Common Expense If necessary, a Speci be levied against the Units in an amount equal to said taxes, to due date thereof.

ARTICLE DUTIES AND POWERS OF 5.1. Duties and Powers. In additi Articles and the Bylaws, or elsewhere provi thereof, the Association shall: 5.1.1. Maintai Common Elements ty restore, operate and manage all of the es, improvements, furnishings, equipment and orce the provisions of this Declaration by appropriate meanis, ‘hout limitation, the expenditures of funds of the Association for the 5.1.3. Maintain such policy or policies of insurance as are required by this Declaration or as the Board deems necessary or desirable in furthering the purposes

res of funds of the Association for the 5.1.3. Maintain such policy or policies of insurance as are required by this Declaration or as the Board deems necessary or desirable in furthering the purposes of, and protecting the interests of, the Association and its Members.

5.1.4. Grantand reserve easements where necessary or desirable for utilities and utility facilities over the Common Elements and Units to serve the Common Elements and the Units and amend the Condominium Plan or Plat to show same.

13 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums 5.1.5. Have the authority to employ a managing agent or other persons and to contract with independent contractors or managing agents to perform all or any part of the duties and responsibilities of the Association, subject to the Bylaws and restrictions imposed by any governmental or quasi-governmental body or agency having jurisdiction over or interest in the Project. Notwithstanding anything to: thé contrary contained herein or in the Bylaws, the Association shall not terminate professional management of the:Project and assume self management thereof without . the prior written approval. of Institutional Lenders holding Mortgages or Deed(s) of Trust on Units which represent in the aggregate at least sixty-seven (67%) of the total Common Interest and the consent of Owners holding at least sixty-seven perg (67%) of the total Common Interest.

generally accepted ard, be audited once a year by general knowledge. All records shall be kept in accounting principles and may, at. the election oftk available to all Owners and Mort res fret gee within ninety (90) days following the end of any fiscal year of s i S.L7 L.7 Hire any Pe iel who sh dle such duties for the Project as the

e election oftk available to all Owners and Mort res fret gee within ninety (90) days following the end of any fiscal year of s i S.L7 L.7 Hire any Pe iel who sh dle such duties for the Project as the sociation. The Association shall provide maintenance TD the Bylaws. The responsibility of the Association for Association by the Owner of such Unit upon demand.

5.3. Association Easements and Access to Units. For the purpose of performing the maintenance, repair or replacement authorized by this Article or for any other purpose reasonably related to the performance by the Board of its responsibilities under this Declaration, the Association (and its agents and employees) shall have anonexclusive easement over and onto all portions of the 14 Declaration of Covenants, Cofiditions and Restrictions for Greenwood Flats. Condominiums Common Elements, and shall also have the right, after reasonable notice to the Owner, and at reasonable hours, to enter any Unit. for such purposes and to enter any Unit without notice at any time in the event of an emergency. Should any Owner change any lock on any enttance to his Unit, such Owner shall immediately provide to the Board a key to the new lock. Damage to the interior or any part of a Unit or Units resulting from the maintenance, repair, emergency repair or replacement of any of the Common Elements or as a result of emergency repairs within another Unit at the instance of the Association shall be a Common Expense of all of the Owners; provided, however, that if any such damage to a Unit or any damage to any Common Elements shall be the result of the neglect, misuse or negligence of an Owner, then such Owner shall be responsible and liable for all

er, that if any such damage to a Unit or any damage to any Common Elements shall be the result of the neglect, misuse or negligence of an Owner, then such Owner shall be responsible and liable for all such damage. All damaged improvements shall be restored to substantially the same conditjoy of such improvements prior to damage. All maintenance, repairs and replacements as to He-Geyekal Common Elements, whether located under or outside of Units (unless required to bestfainfar an individual Owner under this Declaration or necessitated by the neglect, negligengé an Owner or his, her or its guests, tenants or invitees, in which case such expense sha such Owner) shall be the Common Expenses of all the Owners.

ARTICLE VI UTILITIES 6.1. | Owners' Rights and Duties. The rights duties 9 ers of Units within the Project with.respect to utilities shall be as follows: 6.1.1. Each Owner shall pa for separately metered and billed to ea in, submetered and billed to each Unit b eSpective utility companies or “ion. Any such utility expenses reserved in Section.4.3, hereof. Utility hereunder and shall be seaGhnd bh ete ptered and separately billed shall be part of expenses which are not Project, which connections, or any portion thereof, lie in or upon nit, Declarant reserves for the use and benefit of the Association nits or to have the utility companies enter upon the Units in or upon which ections, or any portion thereof lie, to repair, replace and generally maintain ections as and when reasonably necessary; provided, however, the exercise of such. easement rights shall be in a manner reasonably calculated to causé as minimal interference with the continued use and occupancy of the Units so affected by the Owners thereof, while still adequately serving the purposes for which they are

asonably calculated to causé as minimal interference with the continued use and occupancy of the Units so affected by the Owners thereof, while still adequately serving the purposes for which they are granted.

6.1.3. Whenever connections are located or installed within the Project, 13 Declaration of Covenants, Conditions and Restrictions for Gréenwood Flats Condominiums which connections serve more than one (1) Unit, the Owner of each Unit served by said connections shall be entitled to the full use and enjoyment of such portions of said conriéctions as service such Unit.

6.2. Easement for Utilities and Maintenance. Easements over and under the Property for the installation, repair, and maintenance of sanitary sewer, water, electric, gas, and telephone liries and facilities, heating and air conditioning facilities, cable or master television antenna lines, drainage facilities, walkways, and landscaping as are shown on the Plat and/or Plan, and as may be hereafter required to serve the Property, are hereby resetved.by Declarant for the use and benefit of relocate, expand or terminate samme in connection with ‘the exercise of Declarant’s Deve Rights.

location on the Project of underground utility lines that on the Propérty, outside of recorded easements.

5 ON cont: erein, the use. of the Project and each Unit seaeGleSs shall be occupied and used except for residential isfnce to, or which may in any way interfere with, the quiet enjoyment of each of § fier or its respective, Unit, or or which shall in any way increase the rate of insurance which will ; impair the structural integrity of any Building, Specifically, no Owner or resident of a Unit shall grill or permit any open fire on a Balcony or inside of a Unit. All Units shall maintain a

ch will ; impair the structural integrity of any Building, Specifically, no Owner or resident of a Unit shall grill or permit any open fire on a Balcony or inside of a Unit. All Units shall maintain a temperature of at least sixty five (65) degrees, 7,3. Vehicle Restrictions. No motorcycle, moped, bicycle, trailer, camper, mobile home, recreational vehicle, commercial vehicle, truck (other than standard size pickup truck), inoperable: 16 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums automobile, boat or similar equipment shall be permitted to remain upon any area within the:Project, other than temporarily (for purposes of loading and unloading of passengers or personal property), unless in an area specifically designated for such purpose by the Board. Commercial vehicles shall not include sedans or standard size pickup trucks which are used both for business and personal use, provided that any signs or markings of a commercial nature on such vehicles shall be unobtrusive and inoffensive as determined by the Board. No noisy or smoky vehicles shall be operated on the Project. No off-road unlicensed motor vehicles shall be maintained. or operated upon the Project, except as may be reasonably necessary to the execution of the rights or duties of the Association under this. Declaration.

7.4. Signs. Declarant may place signs in or around the Common Elements g Common Elements for sales. purposes until the last Unit of the entire Project is sold, “Ow portion of the Project.

7,5. Animals. No animals or birds of any kind shall befa on any portion of the Project except as permitted in the Bylawg the Association adopted by the Board and published from time 7.6. Garbage and Refuse Disposal. All rubb

or birds of any kind shall befa on any portion of the Project except as permitted in the Bylawg the Association adopted by the Board and published from time 7.6. Garbage and Refuse Disposal. All rubb removed from the Project and shall not be allowed to ace time. All equipment, garbage cans, gealed from view of other Units, streets, regulations adopted by the Board and publigee woodpiles, or storage piles shall be kept scree and the Common Elements.

7.7. Attachments.

(including, but not limited tg¢t S) as same may hereafter be amended, or arly successor statute, be based on aesthetic and safety-related requirements adopted by gp Dfovisions: (a) the lease must be for the entire Unit and not for a portion thereof; st tbe a “approved by the Board and the Baan may disapprove the lease i in its sole within the leased Unit; (©) the lease. must be in writing, signed. by the Owner and the tenant, and a copy provided to the Board; (f) no more than six (6) Units in the entire Project‘may be leased at any one time; and (g) the lease must be subject to the covenants, conditions, easements, restrictions, limitations, and liens for Assessments contained in this Declaration, the Bylaws, and any rules and regulations adopted by the Board and published from time to time. If 6 Units are leased, the Association will maintain a waiting list of Owners who desire to lease a Unit. At the expiration or 17 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums termination of an existing lease, an Owner will have 60 days to re-lease the vacant Unit. Ifa vacant.

Unit is not leased within the 60 day period (or such shorter time is such Owner waives his right to lease his Unit), then the Owner will be placed at the bottom of the waiting list and the Owner at the

nit is not leased within the 60 day period (or such shorter time is such Owner waives his right to lease his Unit), then the Owner will be placed at the bottom of the waiting list and the Owner at the top of the waiting list shall be eligible to lease his or her Unit. The newly eligible Owner will have 120 days to lease his or her Unit. If the newly eligible Owner is unable to lease his or her Unit within the 120 day period, the Owner will bé placed at.the bottom of the waiting list and the Owner at the top of the waiting list will be eligible to lease his or her Unit. This process will continue until a Unit has been leased or there are no remaining Owners that desire to lease a Unit on the waiting list NOTWITHSTANDING ANY OF THE FOREGOING, THE RIGHT OF DECLARANT TO BENT limitations, easements, obligations and liens for Comm this. Declaration and by the Bylaws; and (b tha re Mortgage or Deed of Trust shall release ef restoration of any improvements upon the mort interest in and to the proceeds under all } policies were effected and placed efhon t shall be furnished to the Associ Atpor he trust promply following wyith Q érefor by the Association. Notwithstanding anything.

wst‘securing any loan by Bank to Declarant or Declarant’s rity, shall not be subject to the conditions set forth in subpart 7.11. Liability of Owners for Damage to Common Elements.. The Owner of each Unit shall be liable to the Association for all damages to the Common Elements. or improvements thereon caused by the neglect, misuse or negligence of such Owner or any tenant or other occupant of his, her or its Unit, or guest or invitee, and such Owner and his Unit shall be liable for Special Assessment pursuant to Section 4.4 for any such damages.

18

Owner or any tenant or other occupant of his, her or its Unit, or guest or invitee, and such Owner and his Unit shall be liable for Special Assessment pursuant to Section 4.4 for any such damages.

18 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums 7.12. No Warranty of Enforceability. While Declarant has no reason to believe that any of the restrictive covenants or other terms and provisions contained in this Article VII or elsewhere in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenants, terms or provisions. Any Owner acquiring a Unit in the Project in reliance on one or more of such restrictive covenants, terms or provisions shall assume all risks of the validity and enforceability thereof and, by acquiring the Unit agrees to hold Declarant harmless therefrom.

completion of that work and the sale, rental, and other disposition of said Units is esse establishment and welfare of the Project as a residential community. In order for thes doing on or to the Project or any Unit, whatever is reag connection with the completion of the work; 7.13.2. Prevent Declarant or its representatives on any part or parts of the Project, such structure conduct ofits business for completing said wo owns one or more of the Units established and described in this as otherwise specifically provided herein), Declarant, its successors and lect to the provision of this Declaration.

ARTICLE VIII ARCHITECTURAL CONTROL 8.1. Prohibition of Alteration and Improvement. Subject to the exemption of Declarant

rein), Declarant, its successors and lect to the provision of this Declaration.

ARTICLE VIII ARCHITECTURAL CONTROL 8.1. Prohibition of Alteration and Improvement. Subject to the exemption of Declarant under Sections 2.4, and 2.5. hereof, no building, fence, wall, obstruction, balcony, screen, patio, patio cover, tent, awning, carport, carport cover, improvement, or structure of any kind. shall be commenced, erected, painted or maintained upon the Project, nor shall any alteration or. improvement of any kind be made thereto (save and except for repainting and redecorating of the interior ofa Unit 19 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums by an Owner) until the same has been approved in writing by the Board. No landscaping of patios or yards, which landscaping is visible from the street, from other Units or from the Common Elements, shall be undertaken by any Owner until plans and specifications showing the nature, kind, shape, design and location of the proposed landscaping shall have first been submitted to and approved in writing by the Board. Further, no change to or removal of existing patio or yard landscaping which is visible from the street, other Units or from the Common Elements shall be undertaken by any Owner until same has been approved by the Board in writing.

8.2. Plans and Approval. Plans and specifications showing the nature, kind, shape, golor, size, materials and location of such improvements or alterations, shall be submitted to the Bor approval as to such matters as quality of workmanship and design and harmony of stry appoint an Architectural Control Committee to review th Section 8.2. hereof and to advise and make reco g thereof. The riumber, appointment and term.

lity of workmanship and design and harmony of stry appoint an Architectural Control Committee to review th Section 8.2. hereof and to advise and make reco g thereof. The riumber, appointment and term.

the Bylaws, subject to the following limitati6n; 8.3.1. Ifa Committee is aff > shall be not less than three (3) or more than five (5) members >t the int all of the original members of the Committee the Declatant Control Period. Thereafter, the ARTICLE IX .

GENERAL PROVISIONS hforcement. The Association, any Owner, and any governmental or quasigovernmental4gency or municipality having jurisdiction over the Project shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens, and charges now or hereafter imposed by this Declaration, and in.such action shall be entitled to recover costs and reasonable attorneys’ fees as.are ordered by the Court; provided, however, that an individual Owner shall have no right to enforce the collection of any Assessment levied agairist any other Owner under Article IV above. Failure by any such Person to enforce any such provision shall in no event be deemed a waiver of the right to do so thereafter.

20 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums 9.2. Invalidity of Any Provision. Should any provision of this Declaration be declared.

invalid or in conflict with the Act or any other applicable law, the validity of all other provisions shall remain unaffected and in full force and effect, and to the extent feasible, the provision at issue shall automatically be deemed to be modified to the extent necessary to comply with the Act or other applicable law.

ed and in full force and effect, and to the extent feasible, the provision at issue shall automatically be deemed to be modified to the extent necessary to comply with the Act or other applicable law.

9.3. Encroachment and Protrusion Easements. Each Unit within the Project is hereby declared to have an easement over all adjoining Units and the Cormmon Elements for the purpgse of accommodating any encroachment and/or protrusion due to engineering errors, errors in origi construction, settlement or shifting of any Building, or any other cause other than an altergftex Unit in contravention of the terms hereof or any encroachment caused by the willful mis< minor encroachments and/or protrusions over adjoining Units permitted and that there shall be a valid easement for the.maintefa protrusions so long as they shall exist, Such encroachments or px be encumbrances either on the Common Elements or on or otherwise.

9.4. Termination of Mechanic's Lien Rights materials furnished and incorporated in a U: ry agent, contractor or subcontractor shall be the ba that express consent shall be deemedto We of emergency repairs. Each O Owners from and against. any arising from any such claims or liens against the Units n Elements for construction performed or for labor, materials, services or othe icorporated in the indemnifying Owner's Unit at such indemnifying Owner's re erformed or materials furnished for the General Common Elements, if duly auth, thé’ Board in accordance with.the Declaration or Bylaws, shall be deemed to be performed ished with the express consent of each Owner and shall be the basis 5.1. Rights of Mortgagees. No breach of any of the covenants, conditions maid restrictions contained in this Declaration, nor the enforcement of any lien

s consent of each Owner and shall be the basis 5.1. Rights of Mortgagees. No breach of any of the covenants, conditions maid restrictions contained in this Declaration, nor the enforcement of any lien provisions herein, shall render invalid the lien of any first (1st) lien Mortgage or Deed of Trust (meaning a Mortgage or Deed of Trust with first (1st) priority over any other Mortgage or Deed of Trust), or lien of any Mortgage or Deed of Trust securing aloan by Bank to Declarant or Declarant’s successors and assigns, on any Unitmade in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through 21 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums foreclosure or trustee's sale, or otherwise, unless otherwise provided herein.

9.5.2. Notice to Lenders. All Institutional Lenders and Mortgagees that have filed with the Association an appropriate written request shall be entitled to. receive the following notices in writing from the Association: 9.5.2.1. Notice of any proposed action requiring the approval of Institutional Lenders and Mortgagees specified in Section 9.5.3.

below on a timely basis; 9.5.2.2. Notice of default by the Owner or grantor of any Mortgage or Deéd of Trust on a Unit (the beneficial interest in whick is held by said Institutional Lender) in the performance of s Owner! s or grantor’ S obligations under this Declatation or any. at al Lender), which loss ‘hich notice shall be given immediately. upon the gare loss; .2.6. Notice of any meeting of the Members; and 9.5.2.7 Notice of any proposed payment to be made by any rson on behalf of an Owner which, pursuant to the terms of this

mmediately. upon the gare loss; .2.6. Notice of any meeting of the Members; and 9.5.2.7 Notice of any proposed payment to be made by any rson on behalf of an Owner which, pursuant to the terms of this Declaration, may result in a lien on such Owner’s Unit.

9.5.3. Changes Requiring Institutional Lender Approval. Without the prior written approval of at least sixty-seven percent (67%) of the Institutional Lenders and Mortgagees (based upon one (1) vote for each Unit encumbered by a Mortgage or Deed of Trust held by such patties) and sixty-seven percent (67%) of the Common Interests held by the Owners (except to the extent a higher percentage of approval or Dee Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums - other consent may bé expressly required elsewhere herein, in the Act or by other applicable law), and the written approval of the Bank (during the Bank Lien Period) the Association shall not be entitled to: 9.5.3.1. Change the Common Interests or obligations of any Unit for the purpose of (i) levying Assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) determining the pro rata share of ownership of each Unit in the Common Elements; provided, however, that nothing herein shall prevent Declarant from redetermining and reallocating (x) among Units owned by Declarant the pro rata share of ownership in the Common Elements of such Units owned. by Declarant whic.

Declarant combines, partitions or subdivides prior to sale of sye Units to a third’ party; or (y) among all of the Units the pro rata shaxe of ovmetship in the. Common Elements pursuant to exg 9.5.3.2. Partition or subdivide any Unit, ¢ Section 2.3. hereof, provided that nothing contai

rty; or (y) among all of the Units the pro rata shaxe of ovmetship in the. Common Elements pursuant to exg 9.5.3.2. Partition or subdivide any Unit, ¢ Section 2.3. hereof, provided that nothing contai Section 2.3. shall prevent Declarant fropfombinihg, pa subdividing Units owned by Declarant. ovided in Section 2.4.

hereof; »6 abandon, partition, ‘ommon Elements (the allettively, the "Project Documents") to the contrary, no Owner or other party shall haxe-pfiority over any rights of the Mortgagee of any Unit pursuant to its Mortgage or Deed of Trust in the case of a distribution to. the Owner of such Unit of insurance proceeds or condemnation awards for losses to or taking of all or a portion of such Unit and/or Common Elements. Institutional Lenders shall have the right to examine the books and records of the Association at all reasonable times during regular business hours of the Association.

ZB Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums 9.5.5. Taxes, Assessments, and Charges Which May Become Liens. All taxes, assessments, and charges which may become liens prior to any first (1st) lien Mortgage or Deed of Trust under local law shall relate only to the individual Units and not to the Project as a whole.

9.6. Revocation or Amendment to Project Documents.

9.6.1. Revocation. Except as provided.in the Act, this Declaration shall not be revoked or terminated, nor may the condominium regime established hereby be terminated or abandoned, unless all of the Owners and all of thé holders of any recorded first lien Mortgage or Deed of Trust covering or affecting any ‘or all o!

Units unanimously consent and agree to such termination or revoca instrument(s) duly recorded; provided, however, rieither the foregoing nor

tgage or Deed of Trust covering or affecting any ‘or all o!

Units unanimously consent and agree to such termination or revoca instrument(s) duly recorded; provided, however, rieither the foregoing nor right of Declarant to exercise its Development Rights.

9.6.2. Amendments - General. This Declarationfha the. Owners representing an aggregate ownership intd percent (67%) of the Common Elements. consent and ai ak instrument(s) duly recorded, except as set forth tdix A,énd except to the extent that a greater percentage of approval or other‘sonsent is ‘hake by Sections, Declaration shall be adopted in at acc oxsgnce (i Act and the other provisions of the D Lenders or Mortgagees.

Owners owning at [¢4 Mortgagees holding seven percent (67% :3.1. Voting, other than as a result of changes in the Common t percentage interests pursuant to Sections 2.4. hereof; 9.6.3.2. Assessments, assessment liens or subordination of such liens; 9.6.3.3. Reserves for maintenance, repair and replacement of the. Common Elements; 9.6.3.4. Insurance or fidelity bonds; 24 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums.

9.6.3.5. Rights to use of the Common Elements; 9.6.3.6. Responsibility for maintenance and repair of the Project; 9.6.3.7. Expansion or contraction of the Project or the addition, annexation or withdrawal of property to or from the Project; 9.6.3.8. Boundaries of any Unit; 9.6.3.9. The ownership. interests in the Common Elements, other than those amendments expressly permitted and described in Sections 2.4. and 9.5.3.1.; 9.6.3.10 . Convertibility of Units into Common Elemg Common. Elements into Units; 9.6.3.11. Lease of Units; of first xe or similar transfer, or otherwise 9,6.3.12. Imposition of any righ restriction on the right of an Owner to

of Units into Common Elemg Common. Elements into Units; 9.6.3.11. Lease of Units; of first xe or similar transfer, or otherwise 9,6.3.12. Imposition of any righ restriction on the right of an Owner to convey his, her or its Unit; Sore ot the condemnation of any part OTBEer ons.

9.6.4. PéiluresoK Mortgagee to Respond to Ap proval Request. If a Mortgagee wh pee 4a written request to approve additions or amendments to the Project Decry ailé to make a negative response to such request within sixty (60) days aftdrttte. sduditg of written notice of any such addition or amendment to such tified or registered mail, return receipt requested, such Mortgagee sed to have approved such request.

96.5. Bank Approval. Notwithstanding anything herein to the contrary, durine’the Bank Lien Period, neither this Declaration nor the Project Documents may be amended or revoked without the prior written approval and consent of the Bank.

9.7. Owner's Right and Obligation to Maintain and Repair. Except for those portions of the Project which the Association is requited to maintain and repair as provided herein and in the Bylaws, each Owner shall, at his, her or its sole cost and expense, maintain and repair his Unit, keeping the same in good condition. Additionally, each Owner shall, at his, her or its sole cost and 25 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums expense, maintain, repair and replace as necessary any (a) utility systems, pipes, lines, wires, and cables, that service only his Unit and (b) any separate air conditioning and heating units (including compressors) and water heaters which service only his Unit. Each Owner shall have the exclusive

nd cables, that service only his Unit and (b) any separate air conditioning and heating units (including compressors) and water heaters which service only his Unit. Each Owner shall have the exclusive right to paint, plaster, panel, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding such Owner’s Unit, provided that such action does not impair the structural integrity, weaken the support or otherwise adversely affect the Building in which such Unit is situated or any Common Element, anid provided that all such action is preformed in'a good and workmanlike manner. Each Owner shall be resporisible for maintaining the condition of said walls and ceilings, including but not limited to, repairs of cracks in said walls and ceilings; and for maintaining, repairing and replacing all doors leading into or out of each Owe Unit including the main entry doors and any doors leading to patios or balconies. In tye Owner fails to maintain his, her or its Unit as provided herein in a manner which the-Board-de necessary to preserve the appearance and value of the Project, the Board may notify of the work required and request that it be done within sixty.(60) days from the givindef ptice?

the event such Owner fails to complete ‘such maintenance within said period, the Boardfay cause such work to be done and may specially asséss the cost thereof to.sugh 4 fes}n l, iNgécessary, « Association shall obtain and create a lien against his Unit for the amount thereof.

9.8. Insurance; Damage or Destruction.

9.8.1. Association Liability Insurance.

continue in effect comprehensive commercial-ge covering the Common Elements, publig. way the Association; and i insuring the rey nercial spaces owned by

uction.

9.8.1. Association Liability Insurance.

continue in effect comprehensive commercial-ge covering the Common Elements, publig. way the Association; and i insuring the rey nercial spaces owned by eclarant and the agents and pecive family members, guests and ownership or use of the Coxthron e and against any legal liability arising out of lawsuits related to eviptoy f acts of the Association, and including, if e Act or other applicable law. Coverage shall be in an amount 2 Million Dollars ($1,000,000.00) per occurrence, for personal d/or property damage.

Project, providing as a minimum fire and extended coverage and all other coverage against direct physical loss in the kinds and amounts commonly required by private institutional moitgage investors for projects similar in construction, location and use: on.a replacement cost basis in an amount not less than. one hundred percent (100%) of the insurable value (based upon current replacement cost) of all improvements on the Project, including any property the nature of which is a Common Element, the 26.

Declaration of Covenants, Conditions and Restrictioris for Greenwood Flats Condorniniums structural portions of the Units, and any fixtures, equipment, appliances or installations within the interior unfinished surfaces of the perimeter walls, floors and ceilings of individual Units initially installed or conveyed by Declarant; as well as common personal property and supplies and other common personal property belonging to the Association. If there is a steam boiler in operation in connection with any Unit, there must be.in force boiler explosion insurance evidenced. by the standard form of boiler and machinery insurance policy and providing minimum

steam boiler in operation in connection with any Unit, there must be.in force boiler explosion insurance evidenced. by the standard form of boiler and machinery insurance policy and providing minimum coverage in an amount not less than Fifty Thousand Dollars ($50,000.00) per accident per location.. If the Project is located in an area identified by the Secretary of Housing and Urban Development as an area having special flood hazards, a blanket policy of flood insurance on the Project must be maintained in the amount off ghé maximum coverage available under the National Flood Insurance Progra buildings and other insurable ee within any pase of the aed Ee rephatennent costs - endorsements, if available, and may g ‘malicious mischief coverage, special form endorsement, ¢ a determinable cash adjustment clause, or a similar clause covering full value of the improvements on the Pfdject in thts« a.decision not to rebuild pursuant to. this DeclaratignNSuch policies shall be in form and amount as may be determined by the ball name as insured the.

érant is an Owner), and all u ” and shall provide that any a1 d benefit of the Owners and Mortgages a as their seapentive.j inte SiN 4 proceeds be paid to the issooltign.

ixtures, floor coverings, wall coverings, window ting fixtures, nor shall such policy be required ov any customized items within any individual Units, ain the responsibility and risk of the Owners.

some-6r ‘all of the responsibility for handling of furids has ‘been délegeted & to a Managing Agent, fidelity coverage shall be required for the officers, employees or agents of the Managing Agent handling or responsible for funds of the Association.

The fidelity bond insurance shall name the Association as the insured and shall

quired for the officers, employees or agents of the Managing Agent handling or responsible for funds of the Association.

The fidelity bond insurance shall name the Association as the insured and shall provide coverage in an amount not less than a sum equal to three (3) months aggregate assessments on all Units within the Project, plus reserve funds. In connection with such coverage, appropriate endorsement to the policy to cover any 27 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums persons who serve without compensation shall be added if the policy. would not otherwise cover volunteers.

9.8.4, Compliance with Act. Notwithstanding anything seemingly to. the contrary contained herein, all insurance policies purchased by the Association shall comply with Section 82.111 ofthe Act, and all insurance claims and proceeds shal] be handled by the Association in accordance with such provisions of the Act.

9.8.5. Choice of Carriers; Insutance Premiums, The insurance policies required under this Section 9,8. shall be acquired from carriers having ratings of Class VI or better, as designated in Best's Key Rating Guide. Insurance premi shall be a Common Expense to be included in the Assessments levied“by the Association. The acquisition of insurance by the Association shall b6é S prejudice to the.right of any Owner to obtain additional individual insuratee: deal with the Project, in whole or in part, upon its destr Unit is declared and expressly made subject to the term.

acceptance by any grantee of a deed or other 4 Declarant or from any Owner or grantor shall con in-fact herein provided. All Owners irrew6tal Association as their true and lawful ¢ purpose of dealing with said Project As. attorney-in-fact, the Associatioy aveyance from the

r or grantor shall con in-fact herein provided. All Owners irrew6tal Association as their true and lawful ¢ purpose of dealing with said Project As. attorney-in-fact, the Associatioy aveyance from the appointment of the attorneystitute and appoint the ie, place and stead for the tbrdugh: its President or any Wise petary, shall have full and complete appropriate to exércs replacement madeo ge, WW th each Unit and the Common Elements having gt and horizontal boundaries:as before. The proceeds of ght aad ‘power, as aitommeyetin nck to cause any repair and restoration of ent(s) permitted or required hereunder. Without limitation on the emits therefor, to settle and compromise any and all claims under said insurance policies, to collect proceeds and to distribute.the same to the Association, the Owners and their respective Mortgagees (subject to the provisions hereof) as their interests may appear, to execute releases of liability and to execute all documents and to do all things on behalf of such Owners, the Association and the Project as shall be necessary or convenient to the accomplishment of the foregoing; and any insurer may deal exclusively with the Association in regard to such matters. The Association 28 Declaration of Covenants, Conditions and Restrictions for Greenwood.Flats Condominiums shall receive, hold, distribute and dispose of such insurance proceeds in accordance with the terms hereof and in trust for the Unit Owners and their respective Mortgagees, as their interest ray appear. The Association shall not be responsible for procurement or maintenance of any insurance covering the contents or the interior of any Unit except as described in Section 9.8.2., or for the liability of any Owner for

shall not be responsible for procurement or maintenance of any insurance covering the contents or the interior of any Unit except as described in Section 9.8.2., or for the liability of any Owner for occurrences therein not caused by or in connection with the Association's operation, ‘maintenance or use of the. Project.

9.8.7. Reconstruction or Repair of Project. In the event of fire, casualty or other disaster involving substantial damage to the Project, within ten (10) days. of receipt of determination of the amount of insurance proceéds available to determination called for by this Section 9.8.7.

9.8.7.1. Sufficient Proceeds. In aan 9.8.7.4. below, be applied to such reconsts the Project, as used in n this Section 9.8 Which jtekisted immediately prior to the fire, casualty or Ag fe) fith each Unit and the Common Elements having roceeds. If the insurance proceeds are fhe Project, damage to or destruction 6 the provisions of Sections 9.8.7.3. and erpmptly caused to be repaired and restored by the its duly authorized agents, using proceeds of apy, on the Project for that purpose, and the Owners e for the special Assessment or Assessments for any fas hereinafter provided.

9.8.7.3. Owners' Election. If the Owners owning at least ghty percent (80%) ofthe Common Interests, in the exercise of their sole discretion, including each Owner of a Unit or Common Interest that will not be rebuilt or repaired, vote to not rebuild or repair the.

Project, then the Project shall not be rebuilt or repaired.

9.8.7.4. Termination of Condominium for Mlegality. If the condominium regime created hereby is terminated, or the repair or reconstruction of the Project would be illegal under any state or local 29

.

9.8.7.4. Termination of Condominium for Mlegality. If the condominium regime created hereby is terminated, or the repair or reconstruction of the Project would be illegal under any state or local 29 Declaration of Covenants, Conditions and Restrictions for Greenwood.Flats Condominiums health or safety statute or ordinance, then the Project shall not be rebuilt or repaired.

9.8.8. Repair of Interior of Unit. Each Owner shall be responsible for the reconstruction, repair or replacement of that portion of the interior of his Unit which the Owner has installed, furriished or provided, including but not limited to, any floor coverings, wall coverings, window shades, draperies, furniture, furnishings, plumbing and electrical fixtures, decorative light fixtures, or other improvements, betterments and additions to his Unit, and all appliances located therein irrespective of whether or not such appliances are "built-in" to the Unit. Each Owner shall also be responsible for the costs not otherwise covered by insurance carried byg Association of any reconstruction, repair or replacement of any portion of the Pro} event damage to all or any part of the interior of an Owner's Unjt} insurance held by the Association for the benefit of such O. : Unit is not covered by insurance held by the Owner, then such Owner shall begin reconstruct (60) days after the date of such damage, sybje ght of the Association to supervise; approve or disapprove sn KeconstylidtjoA or répair during the course thereof. Each Owner shall purchase at fs . expénse insurance covering his Unit and all alterations, betterments, a gnts to his Unit and all other petsonal property located therein. © air of his Unit within sixty bance Proceeds. Subject to Section 82.111(i) of the

vering his Unit and all alterations, betterments, a gnts to his Unit and all other petsonal property located therein. © air of his Unit within sixty bance Proceeds. Subject to Section 82.111(i) of the as possible after the occurrence of a casualty art of the Emad: for which the Association has *T. The cost of restoring all damage caused by the the Common Elements (hereinafter referred to as the 9.8.9.2. The cost of restoring that part of the damage caused y the Casualty to each Unit which is or would be covered by insurance held by the Association without regard to the policy limits.

of such insurance (hereinafter referred to as the "Unit Costs").

All insurance proceeds available to the Association with respect to the Casualty shall first (1st) be applied to the payment of the actual Common Element Costs and the balance thereof, if any, shall thereafter be applied to the payment of the actual Unit 30 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums Costs. However, if such insurance proceeds are. not sufficient to cover such estimated costs, then a special Assessment or.Assessments shall be made against the Owners by the Association in the following manner: 9.8.9.3. All Owners shall be assessed on the basis of their percentage interest in the:Common Elements for the payment of the estimated Common Element Costs not otherwise paid for by insurance held by the Association.

9.8.9.4. Each Owner of a damaged Unit shall be assessed an amount equal to the difference between the actual portion of estimated. Unit Costs attributable to his Unit less a sum calculated by multiplying the amount, if any, of the remaining insurance proceedg held by the Association with respect to the Casualty by a fraction, th

Unit Costs attributable to his Unit less a sum calculated by multiplying the amount, if any, of the remaining insurance proceedg held by the Association with respect to the Casualty by a fraction, th numerator of which is the actual portion of the estimated Unit Co attributable to his Unit and the denominator of which is the boty of the estimated Unit Costs.

If the Project is not repaited or replaced, any insurance proceeds f damaged Common Elements shall be used to restage the damaged grea to a condition compatible with the remainder of the Project. The insyrance proceeds attributable to Units or Limited Common Elements that are net PsbuNt shall be distributed to the their Mortgagees, as their interes Common Interests. © 8.10. eng QE event of any taking of any Unit, or any part thereof which leaves thO@wntx ofstich Unit with a remnant that may not practically or lawfully be used for Kpase permitted hereby, by eminent domain or sale or other transfer in/feu th eo} the Owner of such Unit shall be entitled to receive the award for such t (kink d After acceptance thereof, he and his Mortgagee shall. be all interest ix the Project if such Owner shall vacate.and abandon his, her divested g Q feo Ne “Of such taking. If any repair or rebuilding of the remaining ‘ s ok thePpdject is required as a result of such taking, the remaining Owners ettamige by the affirmative vote or written consent of Owners owning a of the Common Interests owned by said remaining Owners, either to rebuild epdirAthe Project or to take such other action as such remaining Owners may deem mopromtiate. If no repair or rebuilding shall be required, or shall be undertaken, the remaining portion of the Project shall be resurveyed, and this Declaration shall be

uch remaining Owners may deem mopromtiate. If no repair or rebuilding shall be required, or shall be undertaken, the remaining portion of the Project shall be resurveyed, and this Declaration shall be amended to reflect such taking.and to proportionately readjust the percentages of the Common Interests of the remaining Owners based upon a continuing total ownership of the Project of one hundred percent (100%) and reallocating the Common Interest of the Unit taken to the remaining Owners in proportion to the respective Common Interests of the remaining Owners. A remnant of a Unitremaining after part of such 31 Declaration of Covenants, Conditions and Restrictions.for Greenwood Flats Condominiums Unit is taken under this provision shall automatically be deemed to be a Common Element. Except as hereinabove provided, if a part of a Unit is taken or acquired by eminent domain or sale or other transfer in lieu thereof, the award therefor must compensate the Owner of such Unit for the reduction value of his, her or its Unit, inclusive of the Common Interest appurtenant thereto. Following such taking or sale or transfer in lieu thereof, the condemned Unit’s Common Interest shall be reduced in proportion to the reduction in size of the Unit, and the portion of the Common Interest divested from the partially acquired Unit are automatically reallocated to that Unit and the remaiiting Units in proportion to the respective Common Interests of those Units before the taking or transfer, with the partially acquired Unit participating in areallocation on the.basis of its reduced Common Interest. If part of the Co Elements shall be taken by eminent domain or sale or other transfer in lieuAt ‘the award must be-paid to the Se as trustee for the Owners and’

e.basis of its reduced Common Interest. If part of the Co Elements shall be taken by eminent domain or sale or other transfer in lieuAt ‘the award must be-paid to the Se as trustee for the Owners and’ Deed(s) of Trust on Units affected by conde: vobtains knowledge of such sale in lieu. of condemnation whenevgr the oy idtj proceedings or negotiations. No con i o fin lieu thereof shall affect the he ‘Unit’on which it holds a Mortgage or lien priority of an Institutional Lendg D of that Unit.

the Association sh wuier, at Such Owner’s sole cost and expense, shall carry personal liability se COWering damage to property or injury to the person of othets within the. ing from negligence of the Owner or such Owner’s agents, tenants p invitees, ina minimum amount of Three Hundred Thousand oa € sich insurance in the atnount specified with an effective date s date said Owner takes possession of such. Owner’s Unit, which ificate'sl arther:state said policy shall not be canceled or reduced without ten ays pridr written notice to the Association Y.8.12. Waiver of Subrogation: Notice of Cancellation. All property and 4 insurance carried by the Association or the Owners shall contain provisions whereby the insurer waives rights of subrogation as to the Association, officers, and.

directors, and any Members, their guests, agents and employees. All policies of hazard insurance must contain or have attached the standard mortgage clause commonly accepted by piivate institutional mortgage investors in the area in which the Units are located. All insurance carried by the Association shall contain a provision requiring the insurer to notify the Association and all Mortgagees named 32 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums

Association shall contain a provision requiring the insurer to notify the Association and all Mortgagees named 32 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums and shown as Mortgagees in the policy at least ten (10) days in advance of the effective date of any reduction in or cancellation of the policy.

9.9. Financing of Purchase of Unit by Association. In the event the Association should acquire a Unit at foreclosure, such acquisition by the Association may be made from the working capital of the Association and common charges in the hands of the Association, or if such funds are insufficient, the Association may levy a Special Assessment or Assessments against each Owner in proportion to. his Common Interest, as a Common Expense, or the Association, in its discretion, may borrow money to-finance the acquisition of such Unit; provided, however, that no financing mey be 9.10. Termination of Any Responsibility of Declarant, Subject to compljat 82.104 of the Act, and written approval of the Bank during the Bank Lien Perigd Person or Persons, then and in such event, Declarant shall be %& further duty or obligation hereunder, and such Person such duties and obligations of the Declarant, except ai agreed to between Declarant and such Person or Petsorm,, be otherwise expressly pranided or ibited by the Act.

resolutions of the Association or its duly 2 such DUO NASIONS, decisions, or Tes voting percentages esishita e all Owners, their successorsa be Project Documents shall ever be construed to create a contract to pay for se Oy detention of money, interest at a rate in excess of the maximum nonusurious uneafned interest on any of said. sums and shall never be required to pay interest at a rate in

a contract to pay for se Oy detention of money, interest at a rate in excess of the maximum nonusurious uneafned interest on any of said. sums and shall never be required to pay interest at a rate in excess of the maximum interest that may be lawfully charged under applicable law, and the provisions of this Section shall control over all other provisions of the Project Documents in conflict herewith. In the event that the Declarant, the Association or any of its designated agents shall collect monies which are deemed to constitute interest at a rate in excéss of that permitted to be charged by applicable law, all such. sums. deemed to constitute interest in excess of the legal rate shall -be immediately returned to the Owner or other party so paying said monies upon such determination.

33 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums 9.13. Conflict of Project Documents. If there is any conflict among or between this Declaration and any other Project Documents, the provisions of this Declaration shall prevail.

Thereafter, priority shall be given in the following order; Plat and Plan, Articles, Bylaws, and Rules and Regulations of the Association.

9.14. Term.of Declaration. The covenants, conditions, and restrictions of this Declaration shall run with and bind the Property and the Project, arid.shall inure to the benefit of and shall be enforceable by the Association, its respective legal representatives, successors-in-intergst, and permitted assigns, for aterm of fifty (50) years from the date this Declaration is recorded, afterywhi time said covenants, conditions, and restrictions shall automatically be extended fo petiods of ten (10) years, unless an instrument, signed by all of the then Ownerg

eclaration is recorded, afterywhi time said covenants, conditions, and restrictions shall automatically be extended fo petiods of ten (10) years, unless an instrument, signed by all of the then Ownerg Mortgagees, has been recorded, agreeing to revoke and/or terminate this Declarat 9.15. Captions. The captions used hereunder are for conveniencg amplify the provisions hereof.

shall be deemed to refer to the date which HpaDes afat aadsHeeri executed, as set forth below.

(Refhat YY left blank).

& fs 34 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums The undersigng#, being theyDeclarant herein, has executed this amiended and restated.

DECLARANT: STILLWATER SEVILLE MCCOMMAS, a Texas limited partnership By: Stillwater McCommas Management Its: General Partner By: Stillwater Capital Investments Its; Manager By: Printed. Namie: Its: Manager — 35 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums STATE OF TEXAS § § COUNTY OF DALLAS § of Stillwater Capital Investnients, LLC, a Texas limited liability company, Mfager of Stillwater McCommas Management. LLC, a Texas limited liability company, General Partner of Stillwater Seville McCommas, LP, a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same Jar the purposes and consideration therein expressed, and in the capacity therein stated.

CF popPYBOURG = Notary ID # 428985758 My Commission Expires.

May 11, 2020: bem Edy a shed sha tds Nop exas Lt lfm SA Exhibit A-1 Exhibit B-1 Plat and Co: Exhibit C-1 Unit Sizes, Coll» Exhibit D-1 Consent to Reclaration 2

428985758 My Commission Expires.

May 11, 2020: bem Edy a shed sha tds Nop exas Lt lfm SA Exhibit A-1 Exhibit B-1 Plat and Co: Exhibit C-1 Unit Sizes, Coll» Exhibit D-1 Consent to Reclaration 2 Appendix A -Declaran#Réservatidns and Representations 36 Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums EXHIBIT A-i LEGAL DESCRIPTION OF THE PROPERTY Description of a 42,430 square foot (0.974 acre) tract of land situated in the Ammon McCommas Survey, Abstract No. 911, City of Dallas, Dallas County, Texas; said tract being part of V.C..

McCullough’s Addition, an addition to the City of Dallas according to the plat recorded in Volume 1, Page 312 of the Map Records of Dallas County, Texas; said tract also being all that tract of land.

described in Special Warranty Deed to Stillwater Seville McCommas, LP recorded in Instrumeri,No.

foot wide right-of-way) and the east right-of-way line of Greenville Avenue (2 of-way); said point also being the northwest corner of that tract of land des¢ Seville McCommas, LP tract; THENCE North 89 degreés, 18 minutes, 52 gQ dy (i Boulevard, a distance of 280.50 feet to a “t2« eéte found for the northeast.corner of said Stillwater Seville McCommas, LP jract A adxtkwest line of that tract of land described in bcorded in Instrument No. 200600083206 of the eancket&feund for corner in the nortli line of a variable width alley rightof-way; said point bei athe Propertiés, DR thacta a ong the said north line of ssaid alley right-of-way, a distance of 280.64 feet cOncpete found in the east.line of said Fred D. Wolff tract; said point being the THENCESNotth 00 degrees, 50 minutes, 22 seconds West, departing the said north line of the alley right-of-way, a distance of 151.50 feet to the POINT OF BEGINNING;

D. Wolff tract; said point being the THENCESNotth 00 degrees, 50 minutes, 22 seconds West, departing the said north line of the alley right-of-way, a distance of 151.50 feet to the POINT OF BEGINNING; CONTAINING 42,430 square feet or 0.974 acres of land, more or less.

Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiumis Exhibit A-1 — Page 1 EXHIBIT B-1 PLAT AND CONDOMINIUM PLAN [See attached] onlfos SS 2@ Declaration of Covenants, Conditions and Restrictions for Greenwood Flats Condominiums Exhibit B-1 — Page 1 RTOWELL 3/20/2017 12:10 PM | THENCE, South 89 degrees, 12 minutes, 14 seconds West, depayhi # and along the said north ling of said alley right-of-way, a di — in. the east fine of said Fred D, Wolff tract; sold point bem ' GREENWOOD, LP tract; | DESCRIPTION OF PROPERTY SURVEYED | DESCRIPTION, of a 42,430. square foot (0.974 acre) tract of land situated in the Ammon GREENWOOD Survey, i f Abstract No. 911, City of Dallas, Dallas County, Texas; said tract being Part of VC. McCullough’s Addition, .an 1 addition to the City of Dallas according to the. plat recorded in Volume 1, Page Ji2 of the Map Records of Dallas f County, Texas; said tract also being all of: that tract of land described in Special Warranty Deed to Stillwater Seville | GREENWOOD, LP recorded in Instrument No. 201600004333 of the Official Public Records of Dallas County, Texas; ; f said. 42,430 square foot (0.974 acre) tract being more particularly described as follows: COMMENCING, at the intersection of the south right-of-way line of GREENWOOD Boulevard (a 50-foot wide I b right-of-way) and the east right-of-way line of Greenville Avenue (a varlable width right-of-way); sald point also

ntersection of the south right-of-way line of GREENWOOD Boulevard (a 50-foot wide I b right-of-way) and the east right-of-way line of Greenville Avenue (a varlable width right-of-way); sald point also | being the northwest corner of that tract of land described in Warranty Deed to Fred D. Wolff recorded, in Volume # k 81024, Page 2245 of the Deed Records of Dallas County, Texas; F a § BEGINNING; said point being the. northwest. comer of said Stillwater Seville. GREENWOOD, LP trag GREENWOOD, LP tract and the. northwest corner of that tract of land described in Properties, LP recorded in instrument No, 200600083206 of the said Official Public Re THENCE, South OO degrees, 53 minutes, 29 seconds East, departing thg E and along the west line of said TGHM Properties, LP tract, a distance off 190.96 a H for comer in the north line of a variable width alley right-of-way, sdid |point béing { Stillwater Seville GREENWOOD, LP tract; 1 THENCE, North 00. degrees, 50 minutes, 22 seconds West, i distance. of 151.50 feet to the POINT OF BEGINNING; CONTAINING: 42,430 square faet or 0.974 acres of la THAT 1, Paul Doniel, do hereby ce is ¢ was made on the ground. by. me or under my personal ‘ supervision and the plat herein is ect "Gnd accurate representation of the property as determined by & f survey. The lines, dimensions oné fs property being as. indicated by this plat. There are no visible or §

n and the plat herein is ect "Gnd accurate representation of the property as determined by & f survey. The lines, dimensions oné fs property being as. indicated by this plat. There are no visible or § protrusions except as shown herein.

h Texas. Property Code.

i Executed as of the Sth dof 4 6100 WESTERN PLACE, SUITE tool | GREENWOOD F LATS FORT WORTH, 1X 76107 817.412.7158 CONDOMINIUMS mA inte guy MSS UOUSES AITO, GHECKED BY DATE JOR NUMEER | CITY OF DALLAS, DALLAS COUNTY, TEXAS NOTES PERTAINING TO BUILDING ON SITE _ 1. All hallways, stairs, elevators and landings, which are not located within oa unit, are General Common Elements.

2 All oreas on site, outward from the building to the property. lines are General Common Elements of the condoniinium unless. otherwise shown. : 3. All porking spaces are General Common Eleménts. The remainder of the ground levél is a General Common Element. ‘ All balconies are Limlied Common Elements.

The unit dimensions extend into woll and floor cavities as described in the declaration, summorized here: For units on floors 2 and 3, ‘the lower boundary is the underside of the subtlooring perimeter ceilings.

On porty walls, walls between units, .one half of the wall cavity is withi The unit's lateral boundaries are the planes defined by the midpoints of [the On ail other perimeter walls, the entire wall cavity is withi lateral boundaries are the plones defined by the insld comprising the outermost component of the. exterior wali and the outermost component of daors and windows In the perimets

re wall cavity is withi lateral boundaries are the plones defined by the insld comprising the outermost component of the. exterior wali and the outermost component of daors and windows In the perimets NOIFNG, LLC dated September 10, 2015 for 5714 GREENWOOR Bivd., Dallas, TX 75206. They have not been field verified.

% except for the three foundations gfe based on civil plans by Michael City Plon File. No. S 145-225, All 7. As of the date of this survey, none of the on site/improve have been built. All paving. and utilifies shoyg onf tie }s; Peeples Engineers ond Planners dated: cits 22 improvements shown on survey MUST BE BUILT, Ke GREENWOOD FLATS CONDOMINIUMS PART OF V.C. MCULLOUGH’S ADDITION : AMMON GREENWOOD SURVEY, ABSTRACT NO. 911.5 CITY OF DALLAS, DALLAS COUNTY, TEXAS ; PAGE 2 OF 18 6100 WESTERN PLACE, SUITE 1001 ch FORT WORTH, TX 76107 817.412.7155 ee arora TK REG.. ENGINEERING FIRM F~14439 aes i 24 Pachec a S22 Ty REG. SURVEYING FIRM LS—10193824 [ DRAWN BY CHECKED BY SCALE DATE i JOB NUMBER © PMD /RMT ' PMD /MCB NONE j. 01/05/2017 2483--16.548 RTDWELL 3/20/2017 12:08 PM’ RTIDWELL 3/20/2017 12:08 PM XF (C.M.)

GREENVILLE AVENUE (VARIABLE WIDTH RIGHT-OF-WAY) PP STONE SITE PLAN P.O.C.

MCCOMMAS BOULEVARD Ν. 8918'52" E 100.00 Ρ.Ο.Β.

CONCRETE.

PAVEMENT 4 CONCRETE SIDEWALK IN 89'18'52" E 280.50' FRED D. WOLFF (VOL. 81024, PG. 2245) LIELEC 15.5' STONE STONE 9.81 4' CONCRETE SIDEWALK 5718 McCOMMAS BOULEVARD 4' CONCRETE RETAINING WALL 4' CONCRETE SIDEWALK PART OF V.C.

MCCULLOUGH'S ADDITION (VOL. 1, PG. 312) STILLWATER SEVILLE

1.50' LIELEC 15.5' STONE STONE 9.81 4' CONCRETE SIDEWALK 5718 McCOMMAS BOULEVARD 4' CONCRETE RETAINING WALL 4' CONCRETE SIDEWALK PART OF V.C.

MCCULLOUGH'S ADDITION (VOL. 1, PG. 312) STILLWATER SEVILLE MCCOMMAS, LP (INST. NO. 201600004333) 42,430 SF (0.974 ACRES) 5714 MCCOMMAS BOULEVARD 4' CONCRETE SIDEWALK 5710 MCCOMMAS BOULEVARD 4 CONCRETE SIDEWALK 50' R.O.W.

XF 19.8 CONCRETE RETAINING WALL 150.96 S 00'53'29" E TGHM PROPERTIES, LP (INST. NO. 200600083206) 4-WM XF (C.M.)

PP(8) W/COND.

& TRANS.

CO LOT 2 QHL CONCRETE PAVEMENT 2.5 ALLEY CASEMENT (VOL. 75005, PG. 1403) LOT 3 LOT 4 PP(8) WIK /TRANS.O LOT 5 17.7 CO 280.64' SSO VARIABLE WIDTH ALLEY RIGHT-OF-WAY BLOCK 4/2149 LOT 6 GREENVILLE CREST ADDITION noff (VOL. 3, PG, 8) MUST BE BUILT (SEE NOTE 7) ၀၁.

PP(8) W/TRANS.

14 D.P&L. EASEMENT (VOL. 67135, PG. 67) LOT 7 1 1 0 25 50 XF LOT 8 100 POINT FOR CORNER (UNLESS OTHERWISE NOTED) (C.M.) CONTROLLING MONUMENT P.O.C.

Ρ.Ο.Β.

POINT OF COMMENCING POINT OF BEGINNING Pacheco Koch DRAWN BY CHECKED BY SCALE 1"=50' PMD/RMT PMD/MCB 6100 WESTERN PLACE, SUITE 1001 FORT WORTH, TX 76107 817.412,7155 TX REG. ENGINEERING FIRM F-14439 TX REG. SURVEYING FIRM LS-10193824 DATE 01/05/2017 JOB NUMBER 2483-16.548 GRAPHIC SCALE IN FEET GREENWOOD FLATS CONDOMINIUMS PART OF V.C. MCULLOUGH'S ADDITION AMMON GREENWOOD SURVEY, ABSTRACT NO. 911, CITY OF DALLAS, DALLAS COUNTY, TEXAS PAGE 3 OF 18 RTIDWELL 3/20/2017 12:08 PM PARKING STAIRS 13 13 13 14 2 14 2 15 3 15 3 15 16 4 STAIRS STAIRS FER 17 5 ELEV 17 ELEV 18 19 67 18 18 1.9 19: 7 20 BUILDING 8 20 BUILDING S ONE TWO 21 21 9 5718 5714 20 BUILDING B THREE 5710 9 22 UCCOMMAS 10 22 MECOMMAS 10 BOULEVARD BOULEVARD 11 23 23 11 24 12 24 12 STAIRS Unofficial copy NOTE:

18 18 1.9 19: 7 20 BUILDING 8 20 BUILDING S ONE TWO 21 21 9 5718 5714 20 BUILDING B THREE 5710 9 22 UCCOMMAS 10 22 MECOMMAS 10 BOULEVARD BOULEVARD 11 23 23 11 24 12 24 12 STAIRS Unofficial copy NOTE: The elevations of building one are between 590.7' and 600.7' based on elevation of 600.66' at ground level.

The elevations of building two ore between 592.7' and 602.7' based on a finished floor elevation of 602.66' The 594.7' are between a finished floor level.

0 25 50 100 LEGEND ## PARKING UNIT Pacheco Koch 6100 WESTERN PLACE, SUITE 1001 FORT WORTH, TX 76107 817.412.7155 TX REG. ENGINEERING FIRM F-14439 DRAWN BY CHECKED BY PMD/RMT PMD/MCB SCALE 1"=50' JOB NUMBER 2483-16.548 GRAPHIC SCALE IN FEET GREENWOOD FLATS CONDOMINIUMS PART OF V.C. MCULLOUGH'S ADDITION TX REG. SURVEYING FIRM LS-10193824 AMMON GREENWOOD SURVEY, ABSTRACT NO. 911, DATE 01/05/2017 CITY OF DALLAS, DALLAS COUNTY, TEXAS PAGE 4 OF 18 3.73' GARAGE FLOOR UNITS 3.98 105 (GARAGE FLOOR) 8.35 16.25 6.52' 9.73 4.62 3.98' 105 (GARAGE FLOOR) 4.63 8.60 C 3.98' BUILDING ONE BUILDING TWO 106 (GARAGE FLOOR) 4.63' 9 8.60 16.25 5.52 3,98' Sonofficial Copy RTIDWELL 3/20/2017 12:31 PM 16.25 6.52' 105 (GARAGE FLOOR) 4,53 106 (GARAGE FLOOR) 4.63 1.73 3,60 ci NOTE: The elevations of building one are between 590.7' and 600.7' based on a finished floor elevation of 600.66' at The elevations between 592.7' and 602.7' based on a finished floor XX RESIDENTIAL UNIT 9.73 8.60 16.25 6.52 three are between on a finished floor ground level.

0 10 20 40 Pacheco Koch 6100. WESTERN PLACE, SUITE 1001 FORT WORTH, TX 76107 817.412.7155 TX REG, ENGINEERING FIRM F-14439 DRAWN BY CHECKED BY SCALE PMD/RMT PMD/MCB 1"=20' JOB NUMBER 2483-16.548 GRAPHIC SCALE IN FEET GREENWOOD FLATS

STERN PLACE, SUITE 1001 FORT WORTH, TX 76107 817.412.7155 TX REG, ENGINEERING FIRM F-14439 DRAWN BY CHECKED BY SCALE PMD/RMT PMD/MCB 1"=20' JOB NUMBER 2483-16.548 GRAPHIC SCALE IN FEET GREENWOOD FLATS CONDOMINIUMS PART OF V.C. MCULLOUGH'S ADDITION TX REG. SURVEYING FIRM LS-10193824 AMMON GREENWOOD SURVEY, ABSTRACT NO. 911, CITY OF DALLAS, DALLAS COUNTY, TEXAS PAGE 5 OF 18 DATE 01/05/2017