HOAproxy ← Happy Cove

Document

Happy Cove · 11 pages
Open PDF
Page 1

2023 - 9635 04/25/2023 03:58 PM Page 1 of 11 COUNTY OF MIDLAND STATE OF TEXAS Clerk Unofficial Copy Midland County $ CLARATION OF CONDITIONS AND RESTRICTIVE COV FOR HAPPY COVE, Midland County Clerk Unofficial Copy ANTS a subdivision in MIDLAND COUNTY, PREAMBLE In order to conform to a subdivision plat, the Developers of the above-referred property hereby file and declare these Conditions and Restrictive Covenants for Happy Cove, Midland County, Texas ("Declaration").

1.1 Approved shall mean and, 1.2 Article 1 Definitions appointed representativeCopy Association ASSOCIANON • favorable action taken by the Association or its duly mean and refer to the HAPPY COVE HOMEOWNE INC., together with its duly elected and appointed offices and represerves, the members of which shall include all of the Lot Ops Unofficial Copy Midland CouVision, the principal purpose of which is to maintain and provide coon community 1.3 1.4 1.5 1.6 use and enjoyment of all Lot Owners and residents within the the Association. Each Lot Owner, his successors and Association.

chon for the common Mittanbdivision included within shall be a Member of the Common Area shall mean and refer to those areas of land so designated and embraced by any present or future Plat of this Subdivision maintained by the Association, which are reserved for specific functions necessary to the Subdivision including areas for common use, enjoyment and mutual benefit of the Lot Owner and their guests. Common Areas shall also include landscaped median areas, utility, as well as drainage and utility easements.

Developer shall mean and refer to La Junta Land Company, LLC, together with its agents, successors and/or assigns.

Lot shall mean and refer to any numbered tract or parcel of land, embraced by the present

Pages 1–2

loper shall mean and refer to La Junta Land Company, LLC, together with its agents, successors and/or assigns.

Lot shall mean and refer to any numbered tract or parcel of land, embraced by the present or future Plat of this Subdivision upon which approved residential buildings and appurtenances may be The term Lot shall not include those parcels and tracts of land or commercial tracts on any present or future Plat of the of Owner who owns two (2) Lots with one (1) residence thereon designated as Comme Subdivision.

be consider the owner of one (1) Lot for purposes of membership in the Association and Cial Copy for assessments.

Imber shall mean and refer to each Lot Owner in the Subdivision: Midland Coumbers Midland County 2023 - 9635 04/25/2023 03:58 PM Page 2 of 11 1.7 1.8 Plat shall mean and declaration as filed Copy Lot Owner shah!

ny recorded plat or replat of the Subdivision embraced by this Plat Records of Midland County, Texas.

and refer to the record owner, whether one or more or corportions, including the Developer, of the fee simple title to any acquired title pursuant to foreclosure or any other lawful foreclosure, or to any licensed builder unless he owns an e person Unofficial Copy thin the uch mortgagee Midland Covision, but shall not mean or refer to a mortgagee unless and Subdivision shall mean and refer to the Happy Cove Slieu of 1.9 herein.

ARTICLE 2 Permitted and Prohibited Uses on a Lot.

as platted and described 2.1 2.2 No property or Lot shall be used for any purpose other than single-family residential uses.

No structure shall be erected, altered, placed, or permitted to remain on any Lot other than

scribed 2.1 2.2 No property or Lot shall be used for any purpose other than single-family residential uses.

No structure shall be erected, altered, placed, or permitted to remain on any Lot other than one detached, single family dwelling, not to exceed two stories in height, and permissible outbuildings used in connection therewith. Permissible outbuildings shall include only a barn, guesthouse, storage, we recreational building, or garage either attached or detached for two or Copy laundry; and manears, any of which may include a laundry room or laundry nofficial Copy facilities to be used Me convenience of the occupants of the dwelling, but not as a public used for children's play-houses, or storage buildings of like the pleasure d and convenience of the occupants of the dwelling. All outbuildings the front half of the Lot must match the primary dwelling's construction ✓ered Midland Compitch, and architecture. Steel framed outbuildings are permitted 2.3 2.4 of the Lot and must conform to the size restrictions set forth steel framed outbuilding may have a metal roof and "wood look" steel shingles, and standing seal c MI and County on exterior, the back half A properly located n. With the exception of roofs, metal roofs are not permitted on the main dwelling. No flat roofs are permitted on the main dwelling or its associated outbuildings.

A barn, storage building, workshop or other outbuilding intended for livestock or utilitarian purposes may constructed using a pre-engineered metal skin building method. Height of these buildings shall not exceed twenty-five feet (25') at the ridge or highest point of the structure. The roof and exterior skin of a utilitarian outbuilding may be metal, the roof shall

Page 3

. Height of these buildings shall not exceed twenty-five feet (25') at the ridge or highest point of the structure. The roof and exterior skin of a utilitarian outbuilding may be metal, the roof shall be gable in shape, or as otherwise approved by the Architectural Control Committee. All outbuildings of utilitarian purpose shall be located in the back half of the Lot.

Sheet iron, aluminum, or any other type of metal structure not specifically allowed by this Declaration is prohibited from All residences built on eight hundred stories in Cerected for any period of time in the Subdivision.

livable Ar pace in the Subdivision shall contain not less than two thousand feet of livable floor space and shall be no more than two a minimum of one thousand five hundred (1,500) square space on the ground floor.

ot for Residential purposes; County Clerk thofficial Copy shall any existing house or dwelling structure be moved on to Midland Cailer, trailer-house or mobile home shall be placed on any Lot for r Midland County 2023 9635 04/25/2023 03:58 PM Page 3 of 11 2.5 Midland 2.6 2.7 2.8 2.9 purposes. This Copy or builder's field office. Such office shall not remain on a Lot offices as a ter all not be deemed to prevent the use of mobile or modular in excess of tw Your (24) months. Extensions for such office may be granted in by Devel On Clerk the construction of any building has begun, work thereon gently and must be completed within a reasonable time not to months. No buildings shall be occupied for residential Further, no garage, shed, tent, trailer, basement or ifty Clerk Unofficial Copy be prosecuted twenty-four (24) permanent or temporary residential purposes; prove purposes during construction.

idential Further, no garage, shed, tent, trailer, basement or ifty Clerk Unofficial Copy be prosecuted twenty-four (24) permanent or temporary residential purposes; prove purposes during construction.

'building shall be used for however, that this paragraph shall not be deemed or construed to prevent the use of a temporary construction shed during the period of actual construction of any structure on such property, and the use of adequate sanitary toilet facilities which shall be provided during such construction.

No graveled or corrugated metal roofs shall be constructed on the Lots described herein.

If Composition roofs are placed on any structure, on a Lot, the roof shall be of 240# threedimensional, high definition laminate asphalt, thirty (30) year or better shingle material.

No shingles on a roof may be blue, red, white or green in color.

car garage shall be provided copy• Garages, which shall be only for the use of the occupants of the residence to which they are appurtenant, may be attached or detached from the residence. A minimum of a twoeach residence and all garage openings must face the side yard or rear of the Lot o overhead doors facing the street serving the front of the Lot; unless approved by Architectural Control Committee pursuant to its guidelines.

shall be in complete conformity with sanitary rules and Garbage heretoeceptacle heretofor hereafter promulgated by Midland County or the City of Midlandenofficial Copy Midland Counweeds, underbrush or other unsightly growths shall be permitted tanty 2.10 2.11 2.12 2.13 2.14 any part of a Lot, and no refuse pile or unsightly objects shall suffered to remain thereon.

No substantial changes in the elevation of a Lot shall ma f W or remain on to be placed or

Page 4

1 2.12 2.13 2.14 any part of a Lot, and no refuse pile or unsightly objects shall suffered to remain thereon.

No substantial changes in the elevation of a Lot shall ma f W or remain on to be placed or Streets shall not be used by Lot Owners for parking of their automobiles and vehicles except for occasional or temporary purposes.

No boat, recreational vehicle, trailer or inoperative motor vehicle may be kept or stored upon any lot, except within a garage or behind decorative screening fences (which fences shall not exceed a maximum height of eight feet (8') whereby the boat, recreation vehicle, trailer or inoperative vehicle is visibly screened from all street views. All such garages or decorative screening fences shall be of designs aesthetically compatible with that of the residence located on the Lot.

At least seventy-five percent on a Lot (excluding stucco, cement fiber All chimneys sh The exterior wall surface of each residence located and exterior glass) shall be of brick, rock, stone, 2.15 Clotheslyork Unick veneer, rock veneer or stone veneer.

Midland Count or be of masonry construction to match the residence.

drying yards shall be so located as not to be visible from the Unofficial Copy Midland County Cler Serving 2023 - 9635 04/25/2023 03:58 PM Page 4 of 11 2.16 All dwellings shall face 2.17 No signs or small sign, Copy on which the other Lots in the same block front.

of advertisement shall be permitted upon any Lot except one for sale exceeding five (5) square feet in area, advertising the particular p for rent, or one (1) sign used by a builder to advertise the propericial Copy, Midland County 2.18 2.19 2.20 2.21 the Quare feet in area.

ing five (5) square feet in area, advertising the particular p for rent, or one (1) sign used by a builder to advertise the propericial Copy, Midland County 2.18 2.19 2.20 2.21 the Quare feet in area.

Juction and sales period, said size not to exceed sixteen (16) square feet; and from me to time a political campaign sign, not exceeding two Neighborhood or project identification signs are Independent School District (and similar private educatio letter signs.

Milichand Couility as well as Midland Institutions) student activity No radio or television antenna with more than eight (8) square feet of grid area or which attains a height in excess above the highest point of the roof shall be permitted. All such installations are limited to the roof (on the side of the residence away from the street) and back yard. There shall be no installations in the Front yard.

No in-home child care with more than five (5) children is permissible unless the children are the children of the occupants of the residence where they are being cared for.

All Lots shall have white vinyl fencing in the rear and each side in accordance with guidelines adopted by the Architectural Control Committee. No fences shall be permitted within the front or side setback shall be permitted in areas from the streets or alleys serving the Subdivision.

A landscaping plant be submitted to and approved by the Architectural Contro/fficial Copy place aping in accordance with the approved landscaping plan shall Control Committee shall require the following minimum than five trees of at least 4” trunk circumference, not less than Midland Chilesix (6) months of the completion of the first structure on a The property line grass in the front of the residence. The landscand

Page 5

e trees of at least 4” trunk circumference, not less than Midland Chilesix (6) months of the completion of the first structure on a The property line grass in the front of the residence. The landscand the beds facing the street in the front of the main residence; ments: not gallon shrubs line to side shall be maintained in a well-kept manner consistent with a well-kept residentin neighborhood, maintaining not less than the required trees and shrubs, and shall be irrigated by an underground irrigation system.

3.1 3.2 ARTICLE 3 Streets, Utilities, Easements and Rights of Way All presently existing easements for utilities or drainage in the Subdivision are hereby reserved to the present owners of such easements.

No structures, including walks, fences, paving or planting, shall be erected upon any part of the Subdivision, which with re erfere with rights of ingress and egress to and from the easements referred to in Nicle 3.1 hereof. All utilities serving the Subdivision shall be underground.

Midland County Clerk Unoffic Midland County Clerk Unofficial Copy 2023 - 9635 04/25/2023 03:58 PM Page 5 of 11 4.1 Midland Cou 4.2 ARTICLE 4 Clerk Unofficial Copy Association eation, Membership and Rights of Members owners Association. The HAPPY COVE HOMEOWNERS been created as a non-profit corporation as established underwerk Unofficial Copy Texas, having the power and obligation of perpetually repairing, replacing, improving and insuring the Comm within this Subdivision. The Association ATION, INC.

of the State of naging and maintaining, eas, facilities and easements assessments and make disbursements of proceeds, including the payment of all taxes assessed against the

he Association ATION, INC.

of the State of naging and maintaining, eas, facilities and easements assessments and make disbursements of proceeds, including the payment of all taxes assessed against the Association or the Common Areas owned by the Association, and shall take appropriate disciplinary action concerning delinquent accounts.

Membership and Voting. Upon sale of a Lot subject to these Declarations; the purchaser shall automatically become a Member of the Association (unless the purchaser is a licensed builder who does not own an occupied residence on the Lot). Membership shall be subject to all provisions of this Declaration and to the Association's Articles of Incorporation and Bylaws, as established and as the same may be amended from time to time. The foregoing is not intended to include persons or entities that hold an interest merely as security for the performance of an obligation, membership in the Association shall not be transferred, pledged or alienated in way except of the sale of such Lot (and then only to such uccession, testamentary disposition, foreclosure of mortgage of record, or other legal process. The record owner of a Lot shall be entitled to one purchaser), by intestata CO members Associa of the Association, no certificates of membership need to Midland Counties 4.3 4.4 official Copy the At the issued, and if etal list of Members in writing the name of the person entitled to vote said men designal to s are not issued, membership shall be evidenced by anÏNEY .

Notwithstanding the foregoing. The Developer shale filand kept by the Secretary of the Association.

Lot owned by the Developer.

to three (3) votes for each Developer Shall Convey Title. The Developer shall convey title to the Common Areas of

Page 6

per shale filand kept by the Secretary of the Association.

Lot owned by the Developer.

to three (3) votes for each Developer Shall Convey Title. The Developer shall convey title to the Common Areas of this Subdivision, without charge and free of encumbrance, to the Association when (a) seventy-five (75%) of the Lots are occupied by Lot Owners, or (b) January 1, 2030 (whichever occurs soonest), or (c) such earlier time as the Developer deems appropriate.

Board of Directors. The business and affairs of the Association shall be managed by a Board of Directors ("Board"). The number of directors ("Directors') shall be three (3). The Directors shall draw lots at the Organizational meeting to determine which initial Director shall initially serve for a term of two and three years. Thereafter, the Members shall elect each Director for a term (3) years. Directors shall meet at least twice during each calendar year. Any vote of the majority be elected for remaining Directors. A Director elected to fill a vacancy shalk term of his predecessor in office.

Midland County Clerk (officjancy occurring in the Board may be filled by the affirmative Midland County Clerk Unofficial Copy 2023 - 9635 04/25/2023 03:58 PM Page 6 of 11 ARTICLE 5 Creation and Responsibilities of the Architectural Control Committee Midland County Clerk Unofficial Copy 5.1 5.2 5.3 not less than three (3) qualified persons who shall serve at the plenty Clerk Unofficial Copy eloper shall designate and appoint an Architectural Control Developer no longer owns any Lot in the Subdivision, the shall serve at the pleasure of the Association.

Midrandtural consisting of of Developer. After Midi Mectural Control Committee

tectural Control Developer no longer owns any Lot in the Subdivision, the shall serve at the pleasure of the Association.

Midrandtural consisting of of Developer. After Midi Mectural Control Committee The Architectural Control Committee must review and approve in writing all of the following projects on the property: 6.2.1 Construction of any building, fence, wall, or other structure; 6.2.2 6.2.3 6.2.4 Any exterior addition, change or alteration in any building, fence, wall, or other structure; Any landscaping, or grading of any Lot or Lots; and Any other To obtain approCopy submit an in this Declaration.

do any of the work described in the Declarations an owner nofficial Copy specification to the Architectural Control Committee showing the s for the proposed work. Such plans and specifications shall des and height, materials, colors and location, of the proposed work.

Midland County Clerk 5.5 5.6 The Architectural Control Committee shall review applications County to: or nature, proposed work in order 6.4.1 Insure conformity of the proposal with those covenants, conditions, and restrictions; and 6.4.2 Ensure harmony of external design in relation to surrounding structures and topography.

An application can be rejected for providing insufficient information. The Architectural Control Committee shall have broad, discretionary authority, to interpret and apply these standards, in rejecting an application, the Committee may detail the reasons for rejection and suggest how the applicant remedy the deficiencies.

Developer and disapprove all to initectural Control Committee shall review and approve or proposed construction in the Subdivision. Failure by a Lot Ow Commence construction on or before twelve (12) months after the date of

Page 7

e all to initectural Control Committee shall review and approve or proposed construction in the Subdivision. Failure by a Lot Ow Commence construction on or before twelve (12) months after the date of Få Lot from Developer shall give Developer the right, at Developek Unofficial Copy Midland Coumchase said Lot for its then appraised value or the purchase price b at the option, to Midland County Lot Owner, 2023 - 9635 04/25/2023 03:58 PM Page 7 of 11 whichever is lower.

Copy Owner withooper must exercise the option granted here within two (2) years of the closing date Lot Owners purchase of the Lot. No Lot may be resold by a Low Developer having the prior right and option to purchase the Clerk Unofficial Copy then appraised value. Failure to comply with the provision shall result in the a Midland Count against said Lot in favor of the Developer.

6.1 6.2 6.3 ARTICLE 6 Common Areas Midland County Clerk m Ownership, Use and Property Common Areas and Ownership. The Common Areas designated and shown on any recorded Plat of this Subdivision shall be owned by the Association for the benefit of the Members of the Association. The costs of perpetual maintenance, upkeep and improvements thereon shall be borne by the Association.

Land Use Within the Common Areas shall be restricted to those improvements related to open space uses, including, but not limited to, landscaped areas, outdoor lighting, signs relevant to the development thereof.

Dedication or Transfer of Fee public utility shall not be Title to Common Areas to any public agency or authority or conditions thereof are agi involved and of the Ass Which fictal t Midland County Clerk 7.2 7.1 unless the dedication, transfer, purpose, location and

Common Areas to any public agency or authority or conditions thereof are agi involved and of the Ass Which fictal t Midland County Clerk 7.2 7.1 unless the dedication, transfer, purpose, location and to in an instrument in writing entered into between the parties Signed by and approved by vote of two-thirds (2/3) of the Membersfficial Copy is accepted by representatives of such public entity.

ARTICLE 7 Assessments be fixed, established and collected from time to time by the Association as hereinafter provided. Such assessments and special assessments together with such interest and costs of collection shall be a charge on each Lot and shall be a continuing lien upon the Lot against which each assessment is made. Any continuing lien created by an assessment pursuant to Sections 7.1 and 7.2 shall be a second lien behind and purchase money mortgage lien but shall be ahead of all other liens against the Lot. Each such assessment, together with such interest and cost of collection, shall also be the personal obligation of the person who was the owner of such Lot at the time of assessment. Assessments shall be applied on an equal basis to all Members of the Association. Assessments levied by the Association shall be used for improvements and maintenance of properties, services and facilities, repair, replacement and additions within the Con applicable insurance and supervision.

Assessments and special assessments for improvement and County Clerk axes, Copy cost of labor, equipment, materials, management and Special Assessofficial Area, including, but not limited to, payment of Pfor capital improvements in addition to the annual assessments Inofficial Copy be authori to by the board of directors in accordance with the Bylaws of the Clerk struction

Page 8

not limited to, payment of Pfor capital improvements in addition to the annual assessments Inofficial Copy be authori to by the board of directors in accordance with the Bylaws of the Clerk struction Midland Coub or replacement of a described improvement upon the Common Midland ciation Junexpected 2023 9635 04/25/2023 03:58 PM Page 8 of 11 7.3 Notices and Due Dates of assessment at roster of the Copy Assessments. The Board shall specify the due date and amount Afteen (15) days in advance of such due date and shall prepare erties and assessments applicable thereto. Written notice assessment shall also be mailed to every Lot Owner at least fifteen (15) days in a Unofficial Copy the specified due date of the assessment. The due date of any special assessment shall be Midland Courbished by resolution of the board of directors of the Association any Lot Owner liable for assessment, the Board shall furnish in wrunY 7.4 or Director of the Association setting forth whether said certificate shall be conclusive evidence of payment.

Perk ance of pon demand by signed by an Officer Minent has been paid. Such Effect of Non-Payment of Assessment. If the assessments are not paid when due, then they shall become delinquent and together with such interest and cost of collection, become a continuing lien against the property which shall bind the hands of the then Lot Owner, his heirs, devisees, personal representatives and assigns from transferring the property without the lien. Additionally, however, the personal obligation of the Lot Owner to pay such assessment shall remain his personal obligation for the statutory period and the personal

ing the property without the lien. Additionally, however, the personal obligation of the Lot Owner to pay such assessment shall remain his personal obligation for the statutory period and the personal obligation shall not pass to his successors in title unless expressly assumed by them.

If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency. The Association may bring an may foreclose action at law against the owner Jonally obligated to pay the same, or the Association such action, togethers and in the event fees, or Unofficial property. Costs of preparing and filing the complaint for Teasonable attorneys' fees, shall be added to such assessment, agment is obtained, the judgment shall include interest and with the costs of the action. Notwithstanding any provisions Midland Couments devoted to dwelling use shall be exempt from said assess and micial Copy ARTICLE 8 Enforcement Midland County charges 8.1 Enforcement. The Association, or any Lot Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of these Declarations. The Association, by and through its Board, is authorized to adopt rules and regulations setting forth the procedures to be followed in connection with such enforcement and in implementing any fine or penalty as outlined below, except as otherwise reserved to the Members by law, by the Articles of Incorporation or by the Bylaws of the Association.

Failure by the Association or by any Lot Owner to enforce a Covenant will not be deemed a waiver of the right to do so. Intalidation of any of these Covenants by judgement or

Page 9

ylaws of the Association.

Failure by the Association or by any Lot Owner to enforce a Covenant will not be deemed a waiver of the right to do so. Intalidation of any of these Covenants by judgement or Court Order shall in no force and effect.

8.2 Fines for Violationoffic affect any of the other provisions which shall remain in full If a Lot Owner Lot fails to abide by these Declarations and Unofficial Copy to failure ordefault continues uncured for ten (10) days after written notice the for mailed Midland County uch at Owner at the Lot Owner's last known address, the Association chay (1) impose Midland 2023 - 9635 04/25/2023 03:58 PM Page 9 of 11 fines upon the Lot in Copy determined by the Board or (ii) go upon such Lot and correct the default, of amounts the Lot Owner of the Lot's use of Common Areas, and in any of the foregoing (i)-(iii), the Association shall not be guilty of any trespass or liability to the Lot Owner in any respect as a result thereof and no!

The Official Copy shall escape liability for Assessments by virtue of any such action by the desociation.

owner any one action shall not be deemed to prohibit taking additional action. The Lot Owner shall be obligated to reimburse the Association for all expenses incurred by it in performing any such work under (ii) above. Fines imposed by the Board (i) above shall be defined and promulgated annually by the Board. A separate schedule of offenses and fines shall be published annually by the Board and shall continue in effect until a subsequent publication is made. The schedule of offenses and fines may only be revised at the annual meeting of the Board. Each day shall constitute a separate offense for

l continue in effect until a subsequent publication is made. The schedule of offenses and fines may only be revised at the annual meeting of the Board. Each day shall constitute a separate offense for purposes of calculating any fine. Any default on the payment of the reimbursement or fines imposed by the Board shall be secured by a lien against the Lot in the same manner as the Assessments.

Midland Cassociation may, in its discretion, take a combination of the foregoing actions and 8.3 Notice of Violation. The Association shall provide a notice to each Lot Owner that violates these Declarations by certified mail, return receipt requested to the last known address on file with the Association for sucht Owner in conformance with the laws of the State 8.4 Liens. Each Member is fficial Midland Unofficial Copy ligated to pay to the Association the Assessments which secured by a continuing lien on the Lot against which the Assessment is addition, each Member is obligated to pay to the Association any fine imposed on the Lot Owner or Lot for any violation in accordance with Section 8.2 above, be Coured by a continuing lien on the Lot against which the Sessment or fine not paid when due will be delinquent. If the insess Shall also paid within thirty (30) days after the due date, thessman from the date of the notice of delinquency at the is made. Any or fine is not or fine will bear interest the lesser of the maximum amount permitted by applicable law or ten percent (10%) per annum, and the Association may bring an action at law against the Lot Owner personally obligated to pay the Assessment or foreclose the lien against the Lot, and in either event, interest, costs, and reasonable attorneys' fees of any such action will be added to the amount of the

Page 10

onally obligated to pay the Assessment or foreclose the lien against the Lot, and in either event, interest, costs, and reasonable attorneys' fees of any such action will be added to the amount of the Assessment or fine. Foreclosure of any lien hereunder shall comply with the requirements of the laws of the State of Texas.

9.1 The covenants, full force and strictionate ARTICLE 9 Duration Copy reservations and servitudes herein set forth shall continue in December 31, 2070, after which time the Declarations automatically and for successive periods of ten (10) years unless an instrument Anofficial Copy amends Lots in the Subdivision and recorded in the Official Public ty, Texas.

Midland County Midland Cerminates the Declarations is signed by owners of at least 1 Midland Midland Countercent 9.2 2023 - 9635 04/25/2023 03:58 PM Page 10 of 11 If any restriction nevertheless cont Copy liable for any forth is declared invalid, the remaining restrictions shall Mull force and effect. The Declarant or its employees shall not be or consequential damages arising as an outcome of any exist on or against any Lot.

Unofficial Copy For any mortgage, bona fide lien or other similar security instrumct the Midland Csion Violation of or failure to comply with these Declarations shall 1 ARTICLE 10 Amendments ounty Clerk Midland County These Declarations may be amended only by an affirmative vote of two-thirds vote of a quorum of the Members of the Association entitled to vote, in person or by proxy as defined in the Association Bylaws, on the amendment at a Meeting of the Members.

may If one or more of held to be invalid, unenforceability ARTICLE 11 Unenforceable Covenants Cop

Pages 10–11

person or by proxy as defined in the Association Bylaws, on the amendment at a Meeting of the Members.

may If one or more of held to be invalid, unenforceability ARTICLE 11 Unenforceable Covenants Cop visions contained in these Declarations shall, for any reason, or unenforceable in any respect, such invalidity, illegaliofficial Copy Midland County Clerk not affect any other provision of these Declarations.

February 1, 2022 Midland County LA JUN LAND COMPANY, LLC By: Jaime Ramos, Manager STATE OF TEXAS COUNTY OF MIDLAND This instrument was Ramos, Manager of La [SE OTARY PUB Copy edged before me on this 1st, day of February, 2022 by Jaime Company, LLC.

Midland County Clerk Unofficial BITA FERN SPENCER Notary Public, State of Texas Comm. Expires 05-02-2023 Notary ID 128573578 Rita Fern Spencer Notary Public Midland County Clerk Unofficial Copy 2023 - 9635 04/25/2023 03:58 PM Page 11 of 11 Midland County Clerk Unofficial Copy Recorded On: April 25, 2023 03:58 PM Instrument Number: 9635 Midland County Alison Haley Midland County Clerk Midland County Clerk Unofficial Copy Real Property Recordings Total Recording: $62.00 Number of Pages: 11 " Examined and Charged as Follows: " Midland County Clerk Unofficial Copy File Information: Midland County Clerk Unofficial Copy Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.

Document Number: 9635 Receipt Number: 20230425000134 Recorded Date/Time: April 25, 2023 03:58 PM User: Station: Pam M CC10297 TY COURT Midia of Unofficial Copy Record and Return To: EDWIN SANCHEZ

law.

Document Number: 9635 Receipt Number: 20230425000134 Recorded Date/Time: April 25, 2023 03:58 PM User: Station: Pam M CC10297 TY COURT Midia of Unofficial Copy Record and Return To: EDWIN SANCHEZ 4515 SANTA ROSA DR MIDLAND TX 79707 I hereby certify that this Instrument was filed in the File Number sequen Clark Unofficial Copy Midland County MIDLAND TEXAS AND COUNTY.

TEXAS County printed hereon, and was duly recorded in the Official Record Alison Haley Midland County Clerk Midland County, TX Midland County, Texas Олёса фавку Haley