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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HARDIN VILLAGE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN § THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HARDIN VILLAGE (as may be amended from time to time, the “Declaration”) is mage, by, HARDIN MCKINNEY PARTNERS, LTD, a Texas limited partnership (“Declarant”).

WITNESSETH: Declarant, as the owner of the real property described in Exhibit A, intends bfrecordigg development for a single-family home planned community known or to Oe, kno Village” (the “Subdivision”). This Declaration provides for bic Dye administration, maintenance, and preservation of the real property now ang the Property (as hereinafter defined). An integral part of the development Q Hardin Village Homeowners Association, Inc., a Texas non prom arf maintain various common areas and community i covenants, conditions, restrictions, and easements Article XIV of this Declaration, sh encumbered subject to this Declaratic occupied and otherwise ¢Aitle to such property. This title, or interest in any portion of The terms used in hi fon gare intended to have their normal, caer, understood definitiggz ; (b) “Assessments” shall have the meaning ascribed to such terms in Section 10.1 below.

(c) “Association” shall mean and refer to Hardin Village Homeowners Association, Inc., a Texas non-profit corporation, or other non-profit corporation formed by the Declarant to perform the duties of the “Association” hereunder, and which shall have the right to enforce this Declaration.

(d) “Board of Directors” or “Board” shall mean and refer to the body selected as provided in the Bylaws, being responsible for the general governance and administration of the

nforce this Declaration.

(d) “Board of Directors” or “Board” shall mean and refer to the body selected as provided in the Bylaws, being responsible for the general governance and administration of the Association and this Declaration. The initial Board shall be those individuals set forth in the been sold to non-Declarant Owners, or (ii) ten (10) years from the date on which the Declaration i recorded, at least 1/3 of the directors serving on the Board shall be person(s) elected by perf vote of Class A Members at a meeting of the members at which quorum is present, gf se the Bylaws of the Association. Each Director, other than Directors appgipted by be a Member and resident, or in the case of corporate or prnershin lode i authorized agent or representative of the corporate or partnership (f “Bylaws” shall mean and refer tot Board of Directors, as may be amended from (g) “City” shall mean the Cj (h) “Common _ Properties’ thereon) now or hereafter owned, leg use and enjoyment of the Owners Rroperty which may be: (i) conveyed to the tion by plat or other written instrument, including on Area C-1”, “Common Area C-2”, “Common pn the Final Plat of the Subdivision, (iv) retention eal property or improvement the Association, at the ents ‘gn the land constituting common areas, including, without Q g. buffSing Ascreening, irrigation, and associated improvements that are t to pWblic thoroughfares, The Declarant is under no obligation to mon elements or amenities. Membership in the Association and ent upon the provision of or construction of an common element or amenity. Membership for all Lot Owners and payment of Assessments is mandatory. Provisions for Declarant vary, see Article 10, Section 10.18.

(i) “Community-Wide Standard” shall mean the standard of conduct, maintenance

for all Lot Owners and payment of Assessments is mandatory. Provisions for Declarant vary, see Article 10, Section 10.18.

(i) “Community-Wide Standard” shall mean the standard of conduct, maintenance and appearance, including landscaping, generally prevailing throughout the Property or the minimum standards established pursuant to the Design Guidelines, Rules and Board resolutions, whichever is the highest standard. Declarant initially shall establish such standard. The Association, through its Board, shall ensure that the Community-Wide Standard established by the Declaration for the Property shall continue after the termination or expiration of the Class B membership. The Community-Wide Standard may contain objective elements, such as specific common areas or elements, lawn or house maintenance requirements, and subjective elements, such as matters subject to the Board’s discretion. The Community-Wide Standard ma not be in writing. The Community-Wide Standard may evolve as development progressesg the Property changes. The Community-Wide Standard shall not fall below the level estab for the Property as of the date the Class B membership terminates or expires.

GQ) “County” shall mean and refer to Collin County Texas, in which thé located, as the context may require.

(k) “Declarant” shall mean and refer to HARDIN suse Texas limited partnership, but also any successor, alternate or additional Dé specifically assigned, by a separate recorded this Declaration as to the conveyed propep qd) “Design Guidelines” sHall fag adopted by the Declarant, as may be * minimum specifications for the cons installed and maintained on ac oy may be subject to amendment by the Declarant at e wi out thé cofisent or joinder of the Members. All Builders and

ant, as may be * minimum specifications for the cons installed and maintained on ac oy may be subject to amendment by the Declarant at e wi out thé cofisent or joinder of the Members. All Builders and structing a residence on a Lot are strongly encouraged p idelines prior to preparing plans and specifications for qntrol Committee for approval.

ean, initially, the map or plat of the Property or any portion e Plat Records of Collin County, Texas, and any future recorded subdivision maps or plats covering any portion of the Property or additional real property made subject to this Declaration, as such Final Plats may be amended from time to time.

(n) "Governing Documents" means, singly or collectively as the case may be, this Declaration, the Final Plat, the Bylaws, the Association's certificate of formation, and the rules of the Association, as any of these may be amended from time to time. An appendix, exhibit, schedule, or certification accompanying a Governing Document is a part of that Governing Document. All Governing Documents are to be recorded in every county in which all or a portion of the Property is located. The Governing Documents are Dedicatory Instruments as defined in Texas Property Code Section 202. Copies of the Association’s Certificate of Formation, organizational consent of the initial directors, and Bylaws are attached hereto as Exhibit C.

(0) “Lot” shall mean and refer to any one (1) of the enumerated plots or tract& shown upon a Final Plat, and “Lots” shall mean and refer to more than one (1) of same; pro however, Common Properties shall in no event be treated as “Lot” for purposes of this Declaratidy and. are hereby specifically excluded from the term “Lot” as used hereunder.

than one (1) of same; pro however, Common Properties shall in no event be treated as “Lot” for purposes of this Declaratidy and. are hereby specifically excluded from the term “Lot” as used hereunder.

(p) “Member” shall mean and refer to a member of the Asgeciation, gs déscribe Article VII. > (q) “Owner” shall mean and refer to each and every person or U for the performance of an obligation (specifically inghydi trustee under a mortgage or deed of trust) unless aS has acquired title to such Lot pursuant to foreg herein.

(r) “Phase” shall mean a addition as set forth and more fully de subjected to the Declaration.

(s) “Property” sh aretvon” shall mean a recorded instrument which accomplishes hoses: (i) subjects additional real property to this Declaration, or efergvice, additional restrictions, covenants, easements and/or rights and desc¥fbed.

ARTICLE II CONSTRUCTION OF IMPROVEMENTS AND USE OF LOTS Section 2.1 Residential Use.

The Property shall be used for single-family residential purposes and home office only and accessory uses. No building or other structure shall be erected, altered, placed or permitted to remain on any Lot other than one (1) detached single-family residence per Lot, which residence may not exceed two (2) stories in height, and a private garage as provided below. Any building or structure to be placed or constructed on a Lot is subject to approval in writing by the Architectural Control Committee under Article III.

Section 2.2 Single-Family Use.

Except as otherwise provided in this Section 2.2, (i) each single family resideng occupied only by persons living and cooking together as a single housekeeping unit, 4 any household employees, and (ii) except for families consisting of p f adoption, or marriage (a “Family Unit”), no more than two persons rio

ving and cooking together as a single housekeeping unit, 4 any household employees, and (ii) except for families consisting of p f adoption, or marriage (a “Family Unit”), no more than two persons rio same residence on a regular and consistent basis.

Section 2.2.1 Leasing Homeowners who rent or lease their resid execute a written lease agreement, signed by the tenant and a copy prior to the tenant’s possession of the residence. The lease £ peviainyat ‘Y gum, the following: a. Term of Lease. Initial term of the Nae not be le 1 1 eased * O b. Entire Residence. The proper eptire sresidence. No c. Single Family. Lease is regtricte ingle familyy Ton 2.2 above. Owner shall provide to the As ‘ gent the names and contact information for the tenants.

. Abide by Rules. i gf makwavailable to the tenant copies of the CCR’s, fiat failure to do so may constitute a gement. Owner must obtain a signed isection of the CCR’s has been explained in fall be responsible for payment to the Association for all fines or expense the Association may incur for the enforcement and abatement Section 2.3. Garage Required.

Each residence shall have an enclosed garage and shall conform to the requirements set forth in the Design Guidelines. The garage shall conform in design and materials with the main structure and may not be used for a business or living quarters at an y time Section 2.4 Driveways.

All driveways shall be surfaced with concrete. No designs, painting or staining of driveways is allowed without the express written permission of the ACC. No widening of the driveway is permitted without the express written permission of the ACC.

Section 2.5 Uses Specifically Prohibited.

g ara all be placed or stored upon the Property until the Ownerf the gé construction of

iveway is permitted without the express written permission of the ACC.

Section 2.5 Uses Specifically Prohibited.

g ara all be placed or stored upon the Property until the Ownerf the gé construction of any portion of a Lot except in a garage gfonad xcept as provided below, the following vehicles may not be parked on any stréef Within ¥% effy with the exception of temporary parking for loading, unloading Caaing: Cational vehicles, mobile homes, trailers, campers, trucks with tonnage“in exec én, semi trucks and trailers, commercial br logos will be allowed to be parked in the garage ghicles” and “mini-vans” are generally allowed but, vehicles. Vehicles with con or driveway of the Lot only.

srcial writing or logos shall be treated as automobiles and garages. Inoperable vehicles are not allowed to be parked in ocal laws to enforce towing upon any vehicle that violates this is Declaration. This Section shall not apply to parking, for purposes of emergency vehicle repairs or to construction, service, and delivery vehicles for periods necessary to perform the services or make a delivery.

The Board, in its discretion, may enact additional rules governing such temporary, irregular use or, in the absence of specific rules, shall have discretion in determining what constitutes permissible parking under such circumstances. The Board shall have sole discretion in determining what constitutes a violation of Section 2.5(a) and (b).

As used in this Section, the term “vehicles” includes but, is not limited to, automobiles, trucks, boats, trailers, motorcycles, campers, vans, and recreational vehicles.

construction of improvements on a Lot.

(d) No animals or livestock shall be raised, bred or kept on the Property fo

les, trucks, boats, trailers, motorcycles, campers, vans, and recreational vehicles.

construction of improvements on a Lot.

(d) No animals or livestock shall be raised, bred or kept on the Property fo purposes or for food. Domesticated animals such as dogs, cats or othemhousehofd péts nla "he kept for the purpose of providing companionship for the private ait € are permitted to roam free, or, in the sole discretion of the Board, con g ‘at clean and free of pet debris and to pick up and propeg i yaste wherever deposited.

Notwithstanding anything seemingly he g gre jan three (3) household pets will be permitted on each Lot.

eyéed as a dumping ground for rubbish gf any kind, including, without limitation mt to construction of improvements may be stored ction progresses without undue delay.

(g) | The erection, construction, placement or installation of any television, radio or other electronic tower, serial, antenna, satellite dish or device of any type for the reception or transmission of radio or television broadcast signals or other means of communication upon a Lot or upon any improvement thereon is prohibited, except that this prohibition shall not apply to those antennae specifically covered by 47 C.F.R. Part 1, Subpart S, Section 1.4000 (or any successor provision) promulgated under the Telecommunications Act of 1996, as amended from time to time. The Board shall be empowered to adopt rules governing the types of antennae that are permissible hereunder and establishing reasonable, non-discriminatory restrictions relating to safety, location and maintenance of antennae.

To the extent that reception of an acceptable signal would not be impaired or the cost of installation would not be unreasonably increased, an antenna permissible pursuan

and maintenance of antennae.

To the extent that reception of an acceptable signal would not be impaired or the cost of installation would not be unreasonably increased, an antenna permissible pursuan visible from the street or neighboring property, and integrated with the residence and surro landscape. Antennae shall be installed in compliance with all state and local laws a regulations, including zoning, land-use and building regulations.

(h) No Lot or improvement thereon shall be used for commercial or purposes of any kind other than a small home office. Nothing in tinge within the Property, as determined in the Board’s number of cars parked on the street.

(i) No fence, wall, hedge or shr between three feet (3') and six feet (6') aboxe intersection of a street right-of-way linéWi d wPrivate driveway or alley pavement.

No tree shall be permitted to remat i istdwce of such intersections unless the foliage ) Except for ch for storage of lawn maintena frich specifically conform to the Design Guidelines , no building previously constructed elsewhere shall which must be removed within two (2) weeks after the election for which such sign is displayed; (ii) one (1) professional security service sign of not more than one square foot; (iii) one (1) sign of not more than five square feet advertising the property for rent or sale during any period that the Lot actually is for rent or sale; or (iv) signs used by a Builder to advertise the Property during the construction and sales period, each of which shall, in any event, comply with all statutes, laws or ordinances governing same. The Board of Directors or its agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the above, and in so

laws or ordinances governing same. The Board of Directors or its agents shall have the right to remove any sign, billboard or other advertising structure that does not comply with the above, and in so doing shall not be subject to any liability for trespass or otherwise in connection with such removal.

a) The drying of clothes in public view is prohibited. Clothes lines are prohibited.

(m) Wood used for fireplace, barbeque, or other use must be stacked ned screened from public view. The Owner is responsible for ensuring that such wood stack i free of rodents.

(n) No Owner shall perform, fail to perform, or permit anything to be doné on such Owner’s Lot which would violate any laws, statutes, ordinances gg regulatigns 6f a or character. No Owner shall perform or permit anything to be do 5 nuisance or safety hazard to the surrounding neighbors or the communt regulations. It shall be the responsibility of the Owner to ensure the occupa all restrictions, rules and regulations. Violation infractions comrpyffl resident, guest or invitee will be the responsibility of the Owné non-compliance is levied, the Owner will be resp self-help remedies, or cost of repairs which may b if any, the City of McKinney Zoning a in no event shall be less than 1,800 squa approved by the Declaga Wo chain link or ‘vinyl fences are permitted except chain link fencing shall be allowet oNschool propé orner Lots shall run parallel to the curb and may be placed no de Lot line and shall not extend beyond a point of five feet (5') gsidence’6n that side. Fences or walls erected by Declarant shall become portion thereof that faces a public street shall be so constructed so that all structural members and posts will be on the side of the fence facing away from the street so that they are not visible from

rtion thereof that faces a public street shall be so constructed so that all structural members and posts will be on the side of the fence facing away from the street so that they are not visible from any street. The minimum height for wood fencing shall be six feet (6’). No portion of any fence shall extend more than eight feet (8') in height.

Section 2.8 Building Materials.

The building materials to be used for each residence and other structure must conform to the requirements set out in the Design Guidelines. Allowed roofing materials shall be set forth exclusively in the Design Guidelines. The color of roofing shall be consistent throughout the Subdivision and shall otherwise conform to the Design Guidelines.

Section 2.9 Mailboxes and Address Blocks.

Mailboxes shall be cluster mailboxes throughout Subdivision and shall be constructe accordance with the Declarant’s and U.S. Postal Service requirements and restrictions cluster mailboxes which shall be billed and shared equally among all Byjdders.

shall be installed on the front facade of each residence and shall be of Gast} Section 2.10 Landscaping.

Each Builder of a residence upon each Lot shall, upon or } house, sod grass in the front and side yards, plant the minim i minimum size and number of shrubs in the front yaxd againg required by either the Design Guidelines or the Ck bh Lot shall have the responsibility to properly maintain such tr ra , Shall replace such trees or landscaping in accordance wit ‘the Desi? The D flarant and/or the Association shall have the right but not thg ue sole option, to remove and replace dead trees and landscaping Special Individual Assessment under $ Section 2.11 Design Guidelingé.

: 4jo1/0f improvements within the Property and

right but not thg ue sole option, to remove and replace dead trees and landscaping Special Individual Assessment under $ Section 2.11 Design Guidelingé.

: 4jo1/0f improvements within the Property and the installation, maintenance And feplacetgent yf tree¥ and landscaping within the Property.

abject to a planned development ordinance, or other zoning Kity with respect to the Property(herein referred to as the “City ded gf to be recorded in the Official Public Records, of the City of s No use shall be permitted on the Property which is not allowed or other applicable public codes, ordinances and other laws either 10 Owner, occupant or other user of any portion of the Property, shall at all times comply with this Declaration, the City Ordinance (if any) and with any and all other laws, ordinances, policies, rules, regulations and orders of all federal, state, county and municipal governments, and other agencies having jurisdictional control over the Property, specifically including, but not limited to, applicable zoning restrictions placed upon the Property as they exist from time to time. IN SOME INSTANCES REQUIREMENTS UNDER THE CITY ORDINANCE OR OTHER GOVERNMENTAL REQUIREMENTS MAY BE MORE OR LESS RESTRICTIVE THAN THE PROVISIONS OF THIS DECLARATION. IN THE EVENT A CONFLICT EXISTS BETWEEN ANY SUCH REQUIREMENTS UNDER THE CIOTY ORDINANCE OR OTHER GOVERNMENTAL REQUIREMENT AND ANY REQUIREMENT OF THIS DECLARATION, THE MOST RESTRICTIVE REQUIREMENT SHALL PREVAIL, EXCEPT IN CIRCUMSTANCES WHERE COMPLIANCE WITH A MORE RESTRICTIVE PROVISIOA OF THE DECLARATION WOULD RESULT IN A VIOLATION OF MANDATORY APPLICA CITY ORDINANCE OR GOVERNMENTAL REQUIREMENTS, IN WHICH EVENT Declaration as this Declaration may be amended or modified from time to ti

THE DECLARATION WOULD RESULT IN A VIOLATION OF MANDATORY APPLICA CITY ORDINANCE OR GOVERNMENTAL REQUIREMENTS, IN WHICH EVENT Declaration as this Declaration may be amended or modified from time to ti The City of McKinney reserves the right in the event of non-compljanite levied hereunder by the City of McKinney in Individual Assessments hereunder, and shal (a) General. ardpt and th§ As; ciation will, in all likelihood engage the services of third- -party professionals nel di i ght to implement and enforce additional application, i spection requirements and e eceal. not contained herein dd (b) Declarant. Declarant shall have exclusive authority to administer, review and act upon all applications for architectural and other improvements within the Property until all planned Lots have been conveyed to persons other than Declarant or a Builder and have been improved with a residence for which a certificate of occupancy has been issued, unless Declarant earlier terminates its rights in a recorded instrument. Declarant may designate or engage one or more persons or entities to act on its behalf with respect to some or all matters coming within the purview of this Article III. In reviewing and acting upon any request for approval, Declarant or its designee act solely in Declarant’s interest and owe no duty to any other person. Declarant is not required to hold meetings or keep minutes relating to its review under this Article.

Article, the jurisdiction of other entities shall be limited to such mattersyas Declargnt ¢ delegates. mn the ACC, shall assume jurisdiction over architectural matters. ; three persons. Members of the ACC need not be Members = Ye Age of Members, and may, but need not, include archi may be compensated in such manner and amount

jurisdiction over architectural matters. ; three persons. Members of the ACC need not be Members = Ye Age of Members, and may, but need not, include archi may be compensated in such manner and amount members shall be designated, shall serve, discretion.

(and unless the Declarant Arant in writing, no less than (ie., approval, partial approval, or e application and any additional For so long as Declarant o thirteen (13) business days prior to co disapproval) it intends to take under tk information that Declarant may require s 3 8 ice. During such time, Declarant shall have the right, in its solgeafid ab qlute discretion, to veto any ACC action; provided Declarant’s right to veto must er an (#0) business days after it receives notice of the ACC’s proposed action. iti e plans for approval shall not be notified of the ACC’s proposed action as of review (e.g., landscape plans) and shall be governed C may establish. Any subcommittee’s actions are subject to 12 Unless and until such time as Declarant delegates any of its reserved rights to the ACC or Declarant’s rights under this Article expire or terminate, the Association shall have no jurisdiction over architectural matters.

(d) Reviewer. The entity having jurisdiction in a particular case, whether Declarant or its designee or the ACC, shall be referred to as the “Reviewer”.

(e) Fees; Assistance. The Reviewer may establish and charge reasonable fees for its review of applications and shall require that such fees be paid in advance. If such fees or charges, including those set forth under Section 3.3 below, are not paid in advance, the Reviewer shall have no obligation whatsoever to review any such related application. Such fees may incly@e%

or charges, including those set forth under Section 3.3 below, are not paid in advance, the Reviewer shall have no obligation whatsoever to review any such related application. Such fees may incly@e% reasonable costs incurred in having any application reviewed by architects, engineers, ¥ professionals. The Board may include the compensation of such persons in the Associathe annual operating budget.

Section 3.2 Review Requirements.

No building, wall, pool or other structure shall be commenced a i substantially altered on any Lot, nor shall any exterior painting (other Wn séhgi the same or similar color) of, exterior addition to, or substantial alteration € factors it deems relevant, 5 ith surrounding structures etic considerations. Each Owner ye and that opinions may vary as to The Reviewer shall have the IMPROVEMENTS. FAILURE TO OBTAIN SUCH PERMIT OR PAY SUCH FEES PRIOR TO INITIATION OF CONSTRUCTION SHALL BE CAUSE FOR THE REVIEWER OR THE ASSOCIATION TO REQUEST AND OBTAIN EMERGENCY TEMPORARY RELIEF TO RESTRAIN ALL ASPECTS OF CONSTRUCTION.

In addition to the foregoing requirement, final plans and specifications shall be submitted in duplicate by certified mail, return receipt requested or hand delivery to the Reviewer. The plans and specifications shall show the nature, kind, shape, height, materials and location of all landscaping and improvements. The application shall specify in writing any requested variances from the requirements set forth in this Declaration, the Design Guidelines or any Community-Wide Standard. The Reviewer is authorized to request the submission of samples of proposed construction materials and such other information as they reasonably deem neceg make their determination. At such time as the plans and specifications meet the approva

ubmission of samples of proposed construction materials and such other information as they reasonably deem neceg make their determination. At such time as the plans and specifications meet the approva Reviewer, one complete set of plans and specifications will be retained by the Association, f to three (3) years only, and the other complete set of plans shall be marked “Approved”, a. b a representative of the Reviewer and returned to the Lot Owner or his designated reprgse shall be signed by a representative of the Reviewer. Any modifica plans and specifications must again be submitted to the Reviewes“fo Reviewer’s approval or disapproval, as required herein, shall be in writing shall be accompanied by a reasonable statement of the reasons for aon aproval, submission, then the plan is deemed approveg to ensure the plans meet all applicable Ci in this Declaration and the Design Guideli of the Builder. Any athe option of submitting a of plans has been approved, the Buildg C Sonstruct residences in accordance with such approved plans and no furtheSubqnittal shall be required unless material deviations ed ans are subject to a thirty (30) day review Reviewer may require that construction in accordance with a specified time period. If construction does not commence the approval shall expire and the Owner must reapply for approval aly agtivities. Once commenced, construction must be diligently pursued to 14 completion. All construction work shall be completed within one (1) year of commencement unless otherwise specified in the notice of approval or the Design Guidelines, or unless the Reviewer, in its discretion, grants an extension in writing. If approved work is not completed

commencement unless otherwise specified in the notice of approval or the Design Guidelines, or unless the Reviewer, in its discretion, grants an extension in writing. If approved work is not completed within the required time, it shall be in violation of this Article and shall be subject to enforcement action.

Also as a part of the review process, the Reviewer may require that the construction of any improvement be inspected on a periodic basis prior to completion for compliance with the plans, codes adopted by the Declarant and other matters relating to the quality or method of construction.

The Association may conduct such inspections or, in the alternative, it may contract with third parties for such purposes. The Owner on whose Lot the construction is taking place shall be responsible for the payment of costs relating to any such inspection.

Section 3.4 Standards.

specified herein. One objective of the Reviewer is to prevent unusual, radical, bizarre, peculiar or irregular structures from being built on the Property he Revig the authority to interpret and amend the Design Guidelines, subject cheat 2 long as Declarant or any Builder owns any portion of the Property andthepé approval of the Board. The Reviewer may from time to time publish a regarding architectural standards, which shall be fair, reasonable and unifo carry forward the spirit and intention of this Declaration.

Section 3.5 Requests for Variance.

may be contained in the basic conformity and shall which are in variance from the requireme; Design Guidelines. In any case, howg blend effectively with the general architect ommunity. No member of the ACC or the Board, or the Associatidy liable to any Owner or other person claiming by, through, or on behalf of g s, causes of action, or damages

y with the general architect ommunity. No member of the ACC or the Board, or the Associatidy liable to any Owner or other person claiming by, through, or on behalf of g s, causes of action, or damages arising out of the granting or denial of, owothe 3 idfre to act upon, any variance request by any Owner or any person actj any Owner. Each request for a variance of a variance to any Owner s a waiver of the Reviewer’s right to strictly enforce the Declaration, the Design G gainst any other Owner. Each such written request must identify and set i alive getaif the specific restriction or standard from which a 15 Section 3.6 Liability of Reviewer.

Neither Declarant, the Board of Directors, the Architectural Control Committee, nor any of their respective members, officers, employees, designees, contractors, administrators, inspectors and agents, shall have any liability whatsoever for decisions made in accordance with this Article so long as such decisions are made in good faith and are not arbitrary or capricious. The plans or the site plan submitted to the Reviewer shall be the responsibility of the Owner of the Lot to which the improvements relate, and the Reviewer shall have no obligation to check for errors in or omissions from any such plans, or to check for such plans’ compliance with the general provisions of this Declaration, or any codes, ordinances, regulations or other laws, whether statutory or not, and whether the same relate to Lot lines, building lines, easements or any other issue. Review and approval of any plans pursuant to this Article may be based op/pulte aesthetic considerations. The Reviewer is not responsible for the structural integrity or sot of approved construction or modifications, for compliance with building codes and %

may be based op/pulte aesthetic considerations. The Reviewer is not responsible for the structural integrity or sot of approved construction or modifications, for compliance with building codes and % governmental requirements, or for ensuring that every residence is of comparable quality, value, ¥ size, of similar design, or aesthetically pleasing or otherwise acceptable to other Ownegs THE ASSOCIATION HEREBY UNCONDITIONALLY AND PE} INDEMNIFIES AND HOLDS DECLARANT, THE BOARD, PHEARCHITBCTUR AN CONTROL COMMITTEE, AND THEIR RESPECTIVE MEMBERS, EMPROYEES DESIGNEES, ADMINISTRATORS, INSPECTORS, CONTRACTGRS, “*ND AGH HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES. WOSSAD SMAGE COSTS AND EXPENSES, INCLUDING BUT NOT LIMITE TO APTORNENG FEES TAKEN HEREUNDER BY THE REVIEWERAIRRESP, ECTIVE OF ‘rf ne OR NOT THE REVIEWER, ITS EMPLOYEES, CONTRACRORS, AGENTSIAND OTHER INDIVIDUALS OR ENTITIES TO OR BMRNOYED, BK THE.REVIFWER ACTED NEGLIGENTLY OR WITH WILLFUL MISGONDY Se Section 3.7 Special Rights of Berle ) grein, any Lot owned by Declarant or Notwithstanding anything to thégontragy conta i e this Article III and Declarant shall not be required to submit plans and spect cations, et<. Architectural Control Committee nor obtain the consent, permission oy Archkgctural Control Committee for the matters otherwise required pursuant té th consent, permission or approval of the Architectural Control Comngtte shall deemed given for plans and specifications, plot plans and the like to be used by De ara ant’s assigns, in the construction of any residence on any Lot owned or sol by De¢largnt. DECLARANT ALSO RETAINS SPECIAL AND UNIQUE PRECEDENCE LEGES IN ARTICLE XII THAT TAKE THER ARTICLES OR SECTIONS IN THIS 16 ARTICLE IV

construction of any residence on any Lot owned or sol by De¢largnt. DECLARANT ALSO RETAINS SPECIAL AND UNIQUE PRECEDENCE LEGES IN ARTICLE XII THAT TAKE THER ARTICLES OR SECTIONS IN THIS 16 ARTICLE IV SPECIAL FENCING AND LANDSCAPING Section 4.1 Fences, Walls and Screening Landscaping.

Declarant and/or the Association shall have the right, but not the obligation, to erect, install, maintain, repair and/or replace fences, walls and/or screening landscaping within that portion of any Lot situated along the perimeter of the Property or on Lots adjacent to Common Properties, as shown on a Final Plat, including without limitation, open space area for screening or buffering. Any such fence, wall or sprinkler system shall be the property of the Owner of the Lot on which such fence, wall or sprinkler system is erected or installed, subject to the easements and rights of Declarant and the Association set forth below. With respect to any fencing iy stain the exterior of such fence facing the thoroughfare whenever, in the Board’s sole and abst discretion, it deems necessary. The Design Guidelines shall contain all construction a materials requirements for the walls adjacent to the Common Properties and any thgpetigt Assessments.

Section 4.2 Landscaping.

Declarant and/or the Association shall have the right to grag maintain, repair, replace and/or change such grading, planting ayf the Property not comprising any portion of a Lo screening, irrigation and associated improvement along public ion, open space area for screening or buffering), without limi atio’ atsoeve d ingS necessary within the Property to obtain full compliance i The Association may include costs for maintenance, repairs, yé quired by this Section 4.2 to Annual Assessments.

Section 4.5 Fifteen (15) Year Limitation.

thin the Property to obtain full compliance i The Association may include costs for maintenance, repairs, yé quired by this Section 4.2 to Annual Assessments.

Section 4.5 Fifteen (15) Year Limitation.

The provisions of this Article IV regarding Declarant’s rights shall terminate and be of no further force and effect from and after that date which is fifteen (15) years after the recording of this Declaration. The rights of the Association shall continue throughout the term hereof.

ARTICLE V LOT MAINTENANCE BY OWNERS Section 5.1 Lot Maintenance.

After the installation of the landscaping on a Lot by a builder, the Owner of the Lot sh immediate replacement of dead vegetation and trees, and shall edge the street curbs the Lot boundary lines. Yards must be kept mowed, trimmed, and edgedagt regulay intérvalp to maintain the Lot in a neat and attractive manner. No vegetables dt " of a Lot yard that faces a street or is not screened by fencing built in e€ordy hereof. Grass shall not be permitted to grow to a height of greater than fot C program is recommended.

Section 5.2 Maintenance of Im mae, Each Owner shall maintain the extg j improvements on his Lot in good condition ¢ Inq rotten parts, and shall regularly repaint g gutters, down spouts, exterior walls, vA ays, parking areas or other Sr to the Board or the Association enforcing the compliance of ainst such Owner remedies in accordance with this Declaration (or such fvailable to the Board and/or the Association at law or in equity), the 18 Board shall first be obligated to give such Owner not less than one (1) notice of such failure and a reasonable time of not less than ten (10) days or as determined by the Board to cure said violation.

oard shall first be obligated to give such Owner not less than one (1) notice of such failure and a reasonable time of not less than ten (10) days or as determined by the Board to cure said violation.

If the Owner, the Owner’s occupants or tenants in the event the home is leased or rented, shall not have corrected such failure within the time given, the Board of Directors shall have the right but not the obligation, to assess monetary fines and / or enter upon the Lot to bring the Lot, and any improvements thereon, into full compliance with this Declaration, the Design Guidelines, or any rules and regulations. All costs and expenses incurred by the Association in connection with correcting any such failure shall be borne by the Owner. If any Owner does not promptly reimburse the Association for all such costs, expenses and violation fines assessed after receipt of written request for same, the Board shall have the right to assess the Owner for same plus interest, such assessment, interest and fines being a Special Individual Assessment under the provisions of Section 10.6 below. Monetary fines may be levied in lump sums or in inc increments. Each occurrence shall constitute a new violation regardless of whether it is a repes violation or not.

Section 6.2 Enforcement In addition to but not in lieu of the enforcement rights set forth Le forth in any policy or procedure adopted by the Board. Such sanc available at law and/or in equity and all remedies herein, i following: e Owner of such Lot.

e notice of violation to any tement of a violation and The Board of Directors may but, is not % tenant notwithstanding, the Owner sl payment of any fine, if applicable.

z The Board of Directors may recreational facilities within the Common thorize the Board of Directors to limit

ay but, is not % tenant notwithstanding, the Owner sl payment of any fine, if applicable.

z The Board of Directors may recreational facilities within the Common thorize the Board of Directors to limit ingress or egress to or from a or rent their homes shall be responsible for all occupants / tenants.

emove and cure the violation without such action being deemed a thereof to the Owner’s account as a Special Individual Assessment in 19 (d) Levy Special Individual Assessment. The Board of Directors may levy a Special Individual Assessment in accordance with Section 10.6 as a violation fine and/or to cover costs incurred by the Association in bringing a Lot into compliance with this Declaration or the Design Guidelines. Owners leasing or renting their homes shall be responsible for their occupants / tenants. All fines shall be the responsibility of the Owner to pay.

(e) Lawsuit; Injunction or Damages. The Board of Directors may bring a suit at law or in equity to enjoin any violation or to recover monetary damages, or both.

Failure by Declarant or the Board of Directors, to enforce any covenant, condition, thereafter. In addition to the Association’s enforcement rights, this Declaration may be &q by any aggrieved Owner.

The decision to pursue enforcement action in any particular case shall be left to th discretion, except that the Board shall not be arbitrary or capricious in taking enforcg Without limiting the generality of the foregoing sentence, the Board mayeterming circumstances of a particular case: (i) the Association’s position is ey taking any or further action; (ii) the covenant, restriction, or rule being é Section 7.1 Amendment.

This Declaration may be amend date this Declaration is filed of record year period, Declarant may amend the De

or further action; (ii) the covenant, restriction, or rule being é Section 7.1 Amendment.

This Declaration may be amend date this Declaration is filed of record year period, Declarant may amend the De any party or without the need to pal timé*within five (5) years from the punty Clerk. Within such five (5) eaSon without the consent or joinder of Association. In addition to the foregoing, aeduty convened meeting of the Association. Furthermore, sole discretion and without a vote or the consent of any other is Declaration: (i) as necessary to bring any provision into atute, governmental rule, regulation, or judicial determination; ply with the requirements of VA, or HUD (Federal Housing FNMA or any other applicable governmental agency or secondary 20 mortgage market entity; or (iii) as necessary for clarification or to correct technical, typographical or scrivener’s errors; provided, however, any amendment pursuant to clause (ii) and/or (iii) immediately above must not have a material adverse effect upon any right of any Owner. Any amendment to this Declaration must be recorded in the Real Property Records of the County.

No amendment may remove, revoke, or modify any right or privilege of Declarant or the Class B Member without the written consent of Declarant or the Class B Member, respectively (or the assignee of such right or privilege). If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that the Owner has the authority to consent, and no contrary provision in any mortgage or contract between the Owner and a third party will affect the validity of such amendment.

Notwithstanding anything to the contrary contained in this Section 7.1, any modifids

ovision in any mortgage or contract between the Owner and a third party will affect the validity of such amendment.

Notwithstanding anything to the contrary contained in this Section 7.1, any modifids amendment to the terms of this Declaration affecting the rights, duties or obligations 0 Association to maintain and/or control Common Properties, or any rights granted to the ay B this Agreement shall require the written approval and consent of the City in order to be eft enforceable hereunder.

Section 7.2. Termination. © At any time, the Owners may terminate and extinguish this Declaf Records of the County, provided, however, that (i) for the period i one Lot, no such termination shall be valid or effective wit Declarant and (ii) such termination and extinguishméxt shall fj ‘st t City and by the affirmative vote or ‘Written consen' Org e i MEMBERSHIP AND Section 8.1 Membership.

shall be appurtenant to each ownership of any Lot which ig suject to \sseskment hereunder by the Association. Membership is mandatory and is not contipgery © existence of or construction of any common element or amenity.

interest required for membership; provided, however, that in the event that more than one (1) person holds such interest or interests in any Lot, even though all such persons shall be Members, there shall be only one (1) vote for such Lot, which shall be exercised as they, among themselves, determine (but in no event shall more than one (1) vote be cast with respect to any such Lot).

CLASS B. The Class B Member(s) shall be Declarant. Until such time as 99% of the maximum number of Lots planned or approved for the Property has been conveyed to Class A Members other than Builders who purchase Lots for development and sale, the Class B Member

h time as 99% of the maximum number of Lots planned or approved for the Property has been conveyed to Class A Members other than Builders who purchase Lots for development and sale, the Class B Member shall have ten (10) votes for each Lot owned by such Declarant. Class B Membership shall expire after title to 99% of the maximum number of Lots planned or approved for the Property has been transferred to Class A Members other than Builders who purchase Lots for development and sale.

After such time, the Class B Member shall be a Class A Member entitled to one (1) vote Lot it owns.

Section 8.3 Quorum and Notice Requirements.

8.3.1. Except as expressly provided herein to the contrary, any 4 Members shall require the assent of a majority of the votes of Cv ip who are present at a meeting, in person or by proxy, written nq to all Members not less than ten (10) days nor more than fortysuch meeting.

8.3.2. A quorum is required for any action referre otherwise provided, for any action for which a percentagefvotee quorum shall be determined as set forth in t ection ¥3.

regular or special, whether Members meee i 2 € a quorum (although the quorum requirement shall be reduced fogéa in tf event shall a quorum be less than one-tenth (1/10) of the votes oth iati At such adjourned or subsequent meeting at which a quorup epresented, any business may be transacted which may have been jf ended fy6m time to time.

22 Section 8.4 Right of Inspection.

Each Owner shall have the right to inspect the financial records and books of the Association, during normal business hours and at the place where such books are kept, upon reasonable prior written notice to the Association stating a proper purpose in accordance with

d books of the Association, during normal business hours and at the place where such books are kept, upon reasonable prior written notice to the Association stating a proper purpose in accordance with Section 209.005 of the Texas Property Code, as amended, and pursuant to the Open Records Policy established by the Association. Furthermore, at the request of the City of McKinney, the Association shall provide to the City of McKinney ongoing reports of budgetary actions, financial reports, and collection activity on Assessments. Should the funding of the maintenance of any Common Properties not support the level of maintenance required by the City Ordinance or any other governmental Requirements, the City of McKinney may require additional securi reserves be provided by the Association for the provision of such maintenance, gi Association may levy a Special Assessment therefor or the Declarant may, but is not obligq fund any deficit resulting therefrom in accordance with Section 10.17 hereof.

ARTICLE IX THE COMMON PROPERTIES Section 9.1 Initial Common Properties.

Additional property discretion of Declara oSe Association Members who are voting, in person or by uch purpose.

23 Section 9.3. Acceptance and Control of Common Properties.

Declarant, or any third-party at the request of Declarant, may transfer to the Association, and the Association shall accept as Common Properties, personal property and/or fee title or other property interests in any improved or unimproved real property included within the property described in Exhibit A or any other real property made subject to this Declaration in the future.

Upon Declarant’s written request, the Association shall transfer back to Declarant any unimproved

erty described in Exhibit A or any other real property made subject to this Declaration in the future.

Upon Declarant’s written request, the Association shall transfer back to Declarant any unimproved real property originally conveyed to the Association for no payment, to the extent conveyed by Declarant in error or needed by Declarant to make minor adjustments in property lines.

Section 9.4 Extent of Members’ Easement in the Common Properties.

Each Member shall have a right and easement of access, use and enjoyment in a Common Properties which is subject to the following: 9.4.1 The right of the Association to prescribe regulations governing operation and maintenance of the Common Properties; 9.4.2 The right of the Association to take such steps protect the Common Properties against foreclosure; infraction of the rules and regulations of t individual remains unpaid, and for any ce Guidelines; and 9.4.4 The right of the Asg for the use of recreational facilj facilities are ever constructed.

any time to dedicate or transfer all or any duthority or utility for such purposes and shall be deemed to covenant and agree to pay to the Association (or to a mortgage company or other collection agency designated by the Association) the following: (a) annual assessments or charges (“Annual Assessments”); (b) assessments acquisition upon the acquisition of a Lot by an Owner other than Declarant for working capital or reserves (“Working Capital Contributions”); (c) special assessments for capital improvements and unanticipated costs of the Association or related to the performance of the Associations duties and responsibilities hereunder (“Special Assessments”); (d) individual special assessments (including, without limitation interest and fines)

n or related to the performance of the Associations duties and responsibilities hereunder (“Special Assessments”); (d) individual special assessments (including, without limitation interest and fines) levied against individual Owners for violations of the Declaration, Design Guidelines or the Community-Wide Standard or to reimburse the Association for extra costs for maintenance and repairs caused by the willful or negligent acts of the individual Owner, his tenant(s) occupying his Lot, if applicable, and their respective family, agents, guests and invitees, or for costs incurred by Special Assessments, and Individual Special Assessments are herein generally referred to Ys “Assessment” and collectively (whether two or more) as the “Assessments.” All such Assessme shall be fixed, established and collected as hereinafter provided.

hereinafter provided, shall be a charge on the land and shall be a co The Assessments, together with such interest thereon and cost against which each such Assessment is made. Each such al beacon sent to the violating Owner. In all instances g correcting such violation within a reasonableft promoting the interests of the ation, health and welfare of the residents of the Property, and in particul maintenance of the entry ways or any other properties, services and faciligies Yevoted tg thi$ purpose and comprising or directly relating to the use and enjoyment of the CorumorNRropgMiesg including, but not limited, to the payment of taxes est 6! labor, equipment (including the expense of leasing any d for, and management and supervision of, the Common 25 cost of maintenance of the monument sign for the Property, if any, in the event the appropriate governmental authority refuses to maintain the same; or (e) for carrying out the purposes of the

mmon 25 cost of maintenance of the monument sign for the Property, if any, in the event the appropriate governmental authority refuses to maintain the same; or (e) for carrying out the purposes of the Association as stated in its Certificate of Formation. The list above is not intended to be construed as an all-inclusive list but, is provided for informational purposes based on the most common expenses incurred by an Association.

Section 10.3. Basis and Amount of Annual Assessments.

10.3.1 The Board of Directors may fix the Annual Assessment at any amount equal to or less than the Maximum Annual Assessment for that year, as herein below provided.

The Annual Assessment for each Lot eens with the year 2016 shall be Four Hundred fifty for following years) for each Lot provided that the Annual Assessment may not be increased \y than twenty percent (20%) above the Annual Assessment for the previous year unless a greatk increase of the Annual Assessment i is approved by a vote of the membership taken i ing by the Members being referred to herein as the “Maximum Annual Asseggment” fof’ s year). < .

10.3.2 Commencing with the year 2016, and in each year tMg Directors may set the Maximum Annual Assessment for the following affirmative vote of fifty-one percent (51%) of the yetes voting, in person or by proxy, regardless of class, fay Seti Working Capital Contributions are. nowrek Die all be available for all necessary expenditures of the Association ge*tfé : P In addition to the foregoing but still considered an Assessment he dt its sole discretion, enter into a contract transfer of a significante € g titlg to a Lot and the issuance of a “Resale Certificate” (herein so called). # i En received by the Association or its agent. Transfer fees

etion, enter into a contract transfer of a significante € g titlg to a Lot and the issuance of a “Resale Certificate” (herein so called). # i En received by the Association or its agent. Transfer fees als Certificate shall in no event exceed the greater of (i) an al Assessment applicable at the time of the transfer/sale, or a Management Contract for each home being conveyed, gre not refundable and may not be regarded as a prepayment of or credit 26 Contributions. This Section does not obligate the Board or any third party to levy such fees.

Section 10.5 Special Assessments.

The Association may also levy in any calendar year a Special Assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the costs of any construction or reconstruction, maintenance, unexpected repair or replacement of a described capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto; provided that any such Special Assessment in excess of the then current Annual Assessment shall be approved by the affirmative vote of fifty-one percent (51%) of the votes of those Association Members who are voting, in person or by proxy, at a meeting duly called for such purpose.

Section 10.6 Special Individual Assessments, Interest and Fines.

In the event that any Owner fails to comply with the provisions of this Declgpa Design Guidelines or the Community-Wide Standard and/or the Association incuyg expense in either enforcing said provisions against any such Owneggor in ca obligations of any such Owner, the Association shall have the right wep and the Lot of such Owner a Special Individual Assessment in the incurred by the Association plus interest and/or in the amount of any violatiq demand by the Association.

tion shall have the right wep and the Lot of such Owner a Special Individual Assessment in the incurred by the Association plus interest and/or in the amount of any violatiq demand by the Association.

Section 10.7 Uniform Rate of aK?

Both Annual Assessments and Specjél NASSegé Individual Assessments) shall be fixed at a The obligation to pay Assess record title to a Lot by the Owner thet gf months remaining in the fiscal year a Assessments shall be payable in advance aris y, or semi- -annual installments. The Board may f the Annual Assessment at closing of the transfer p be paid in installments, of any Special Assessment ara of Directors shall fix the amount of the Annual Assessment irty (30) days in advance of each calendar year in which such Annual 27 applicable thereto, which shall be kept in the office of the Association and shall be open to inspection by any Owner.

10.9.2 Only if any Assessment is an amount different from that charged for the previous year, written notice of the Assessment shall thereupon be delivered or mailed to every Owner subject thereto (according the Association’s then current records).

10.9.3 The Board of Directors shall, upon demand, cause to be furnished to any Owner liable for said Assessments a certificate in writing signed by an officer or agent of the Association, setting forth whether said Assessment has been paid. Such certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid. A reasonable charge may be made by the Board or the Association’s managing agent for the i of such certificates.

Section 10.10 Assessment Lien to Secure Charges and Assessments.

All Assessments, interest, late charges, collection fees and pert fees, d

Association’s managing agent for the i of such certificates.

Section 10.10 Assessment Lien to Secure Charges and Assessments.

All Assessments, interest, late charges, collection fees and pert fees, d herein, shall constitute and be secured by a separate and valid and hereby created and fixed, and which shall exist upon and against eaci¢Lo and fixtures thereon, for the benefit of the Association. Notwithsta hereof, the lien to secure the payment of Assessments or any other sums € other lien which the Association may have on any Lot pursuant to_this and payable, nor shall the liability of ¢ charges or Assessments which becomé at the highest non-usurious rgte glowed Wnderythe laws of the State of Texas, or other applicable law, or if no such limitation {mphsed the payable in installments, the Association may accelerate the ediate payment thereof. In addition, a late charge shall be er for each month that any Assessment remains unpaid. The of Twenty-Five and No/100 Dollars ($25.00) per month and he Association for administrative expenses and time involved in ing/delinquent Assessments. A charge of Twenty-Five and No/100 28 Dollars ($25.00) or an amount equal to the bank charges shall be assessed against an Owner for payment returned for insufficient funds or for any other reason. The Association’s managing agent shall be entitled to charge an Owner a monthly collection fee(s) to compensate managing agent for its efforts in collecting delinquent Assessments. The Managing Agent shall be entitled to reimbursement for collection efforts such as but, not limited to demand letters, routine monthly collection actions, payment plan set up and monthly monitoring, processing and handling of

entitled to reimbursement for collection efforts such as but, not limited to demand letters, routine monthly collection actions, payment plan set up and monthly monitoring, processing and handling of certified or certified, return receipt mailings, and credit reporting. The Association, in the Board’s discretion, shall have the right to waive any part of or all of such interest and/or fees owed only to the Association.

Section 10.12 Collection and Enforcement.

The Association shall have a lien on each Lot securing payment of any Asse together with interest thereon as provided herein, reasonable attorneys’ fees, late ch collection fees and costs incurred in the collection of same and the enforcement of said lien.

Board of Directors shall take such action as it deems necessary to collect Assessmentg settle and compromise the same if deemed appropriate in the exercise of the Bog judgment. Such liens shall be effective as and in the manner provided Agr herei the priorities established in this Declaration. oO and reasonable attorneys’ fees of any such action shall be added to th Each Owner, by his acceptance of a deed to a Lot, hereby expres J of the Association or its agent the right and po to bring i f ich Owner personally for the collection of such Assessments of said lien by all foreclosure pursuant to Texas Property Code § Declaration, or in accordance with the pre provided by any future amendment to substitution therefore, and such Owner power of sale in connection with saiden. ard is‘kereby appointed trustee, unless and until the Board of Directors shall d n writing for receipt of notices under this Declaration.

mandatory foreclosure requirements of Section 209 of the =d to by the foreclosing entity.

stee, unless and until the Board of Directors shall d n writing for receipt of notices under this Declaration.

mandatory foreclosure requirements of Section 209 of the =d to by the foreclosing entity.

Nudicial or nonjudicial, the Association shall be entitled to bid up to the StherMvith costs and attorneys’ fees, and to apply as cash credit against its bid 29 all sums due the Association covered by the lien foreclosed. All foreclosure sales provided for herein shall be subject to any then existing statutory right of redemption in favor of the former Owner. From and after any such foreclosure, the former Owner or Owners, their heirs and assigns, shall forthwith upon the making of such sale surrender and deliver possession of the property so sold to the purchaser at such sale, and in the event of their failure to surrender possession of said property upon demand, the purchaser, or his heirs or assigns, shall be entitled to institute and maintain an action for forcible detainer of said property in the Justice of the Peace Court in the Justice Precinct in which such Lot, or any part thereof, is situated. The Board of Directors in any event is hereby authorized to appoint a substitute trustee, or a successor trustee, to act in the place of the trustee without any formality other than the designation in writing of a substitute or successor trustee; and the authority hereby conferred by the Board of Directors pou extend to the appointment of other successor and substitute trustees successively trustee appointed by the Board of Directors or its agents.

Section 10.13 Homestead.

By acceptance of a deed thereto, the Owner and spouse thereof, conveyance or subsequently married, of a Lot shall be deemed to have

ed by the Board of Directors or its agents.

Section 10.13 Homestead.

By acceptance of a deed thereto, the Owner and spouse thereof, conveyance or subsequently married, of a Lot shall be deemed to have liens created by this Declaration or the enforcement thereof by foreclosif calendar year, but the Assessment fixed new Assessment is fixed or levied by tké 10.15.1 The periodic maintenance of the above, the Board may gta Q lon&yas the Board exercises business judgment i in determining the af the resegve find, the amount held in reserves shall be considered adequate, y’s agroval o¥ the level of common area maintenance being provided by the Association fq the Qomntgn Properties. Pursuant to City Code of Ordinance 142-107(f), the City xe addtiondksegtirity and/or reserves to be collected by the Association as part of the 30 Annual Assessments or as a Special Assessment hereunder, as determined in the sole judgment of the City, and any such increase in the Annual Assessments or any Special Assessment so required by the City to fund additional security and/or reserves pursuant hereto shall not be subject to approval of the Board, the Members or Declarant that may otherwise be required hereunder.

10.15.2 The Association may establish a working capital fund for the initial operation of the Common Properties in such amount as the Board shall determine.

Section 10.16 Exempt Property.

The following property subject to this Declaration shall be exempted from. the Assessments, charges and liens created herein: 10.16.1 All properties dedicated and accepted by the local public aut and devoted to public use; and 10.16.2 All Lots and/or Property owned by Declarant, subject t¢ Sections 10.17 and 10.18 below; and 10.16.2 All Common Properties.

Section 10.17 Declarant Subsidy.

c aut and devoted to public use; and 10.16.2 All Lots and/or Property owned by Declarant, subject t¢ Sections 10.17 and 10.18 below; and 10.16.2 All Common Properties.

Section 10.17 Declarant Subsidy.

Declarant may, but shall not be obligated to, pay a subsig to any amounts paid by Declarant under Section 10 #8.below) Assessment which would otherwise be necessa if e or the Certificate of Formation or e mppership in the Association, the Declarant eVenues from the operation of Common Properties, capital ces, property management fees, guest fees, user fees, and the pers of Lots, other than the Declarant. Such difference, herein fot include any reserve for replacements, operating reserves, W{al expenditures or Special Assessments, and Declarant shall not be Sak reserves, capital expenditures or Special Assessments. Any sums paid by the Declarant to the Association to fund the “deficiency” or any sums paid by the Declarant to the Association in excess of the Annual Assessment otherwise due on the Declarant’s unsold Lots may be considered by the Declarant to be the payment of a subsidy to the Association pursuant to Section 10.17 of this Article. Declarant’s obligations hereunder may be satisfied in the form of cash or by “in kind” consideration of services or materials, or by a combination of these. After termination of the Class B membership, Declarant shall pay Assessments on its unsold Lots in the same manner as any other Owner, except as otherwise expressly provided herein.

ARTICLE XI GENERAL POWERS OF THE BOARD OF DIRECTORS OF THE ASSOCIATION Section 11.1 Power and Duties.

connection with enforcing the provisions of this Declaration. Such powgas shall i not be limited to, the following: > 11.1.1 Paying assessments and charges for sewer, waté d%y

n 11.1 Power and Duties.

connection with enforcing the provisions of this Declaration. Such powgas shall i not be limited to, the following: > 11.1.1 Paying assessments and charges for sewer, waté d%y jogging paths, walkways and sidewa trees, shrubs and grass, lighting any screening walls or fences further, that in the event that willful or negligent act of any maintenance or repairs shall be such Lot is subject.

11.1.3 Managing of any utility service personal prope A icy or policies of insurance insuring the Association public or to the Owners (and/or invitees or tenants) incident to vation, in an amount not less than $250,000.00 to indemnify of one person, $500,000. 00 against the claims of two or more persons in 32 rights of the named insured shall not be prejudiced with respect to actions against other named insured’s; provided, that under no circumstances shall the Board be authorized to provide or pay for fire, casualty, or other insurance insuring the interest of any Owner in his Lot.

11.1.5 Executing all replats of the Property and all declarations of ownership for tax assessment purposes with regard to the Common Properties on behalf of all Owners.

11.1.6 Borrowing funds to pay costs of operation, secured by assignment or pledge of rights against delinquent Owners, if the Board sees fit.

11.1.7 Entering into contracts, maintaining one or more bank accoup generally exercising all the powers necessary or incidental to the operatit management of the Association, expressly including the power to enter into managehy and maintenance contracts. Contracts entered into by the Declarant may have stricter differing termination clauses. The Board may not terminate any contract 4 period of Declarant control without the express written consent of the Decla

s entered into by the Declarant may have stricter differing termination clauses. The Board may not terminate any contract 4 period of Declarant control without the express written consent of the Decla 11.1.8 Protecting or defending the Common PropeniGe suit or otherwise, and to provide adequate reserves for replacenteftts amended or repealed by the majority vote of the Board the foregoing language, the rules and regulatj i Common Properties during certain periods sunder, and to enjoining and seeking provisions or rules.

f the Board, the Association, and the ACC relating review and inspections under Article III.

amy right or privilege given to it expressly or by reasonable the Bylaws, or the Certificate of Formation, and may take action any such right or privilege. Except as otherwise specifically ents or .. y law, all of the Association’s rights and powers may be exercised te of the membership.

33 The Board may institute, defend, settle, or intervene on the Association’s behalf in mediation, binding or non-binding arbitration, litigation, or administrative proceedings in matters pertaining to the Common Properties, enforcement of this Declaration, or any other civil claim or action. However, the Board shall exercise business judgment in determining whether to take any such action under particular circumstance and shall have no legal duty to institute litigation under any circumstances on behalf of or in the name of the Association or the Members.

Section 11.2 Board Power, Exclusive.

The Board shall have the exclusive right to contract for all goods, services and insura payment for which is to be made from the maintenance fund, and the exclusive right and ob to perform the functions of the Board, except as otherwise provided herein.

for all goods, services and insura payment for which is to be made from the maintenance fund, and the exclusive right and ob to perform the functions of the Board, except as otherwise provided herein.

Section 11.3 Qwner’s Obligations to Repair.

thereon, keeping the same in good condition and repair at all times.

shall fail to maintain and repair his Lot and such improvements a Association, in addition to all other remedies available to it hereunder 4 shall at his sole cost and expense, maintain and repair his Lot and ey fy Every officer, director, and committee member against all int attorneys’ fees, reasonably incurred in connection with any 34 OFFICERS, DIRECTORS, AND COMMITTEE MEMBERS SHALL NOT BE LIABLE FOR ANY MISTAKE OF JUDGMENT, NEGLIGENCE OR OTHERWISE, EXCEPT FOR THEIR) OWN INDIVIDUAL WILLFUL MISFEASANCE, MALFEASANCE, MISCONDUCT, OR BAD FAITH. The Association’s officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association. The Association shall indemnify and forever hold each such officer, director, and committee member harmless from any and all liability to others on account of any such contract, commitment, or action.

This right to indemnification shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled. The Association shall, as an Association expense, maintain adequate general liability and officers’ and directors’ liability insurance to fund this obligation, if such insurance is reasonably available.

hereunder, the Association shall comply with the notice and hea this Declaration, the Design Guidelines, any Community-Wide ue) subsections (a) and (b) below.

f such insurance is reasonably available.

hereunder, the Association shall comply with the notice and hea this Declaration, the Design Guidelines, any Community-Wide ue) subsections (a) and (b) below.

Association may proceed with the action whi Help actions wherein the Association sha ation for Self Help remedies will be ‘gxas Property Code regulations. Charges gy&es when applicable. If the violation is anyYOwner. Recurring violations within a six (6) month O'issue again notices previously sent. If the required one Association may, at its discretion, send an immediate notice of must allow the Owner not less than ten (10) days to correct the 30 (b) Hearing. If a hearing is requested within the allotted thirty (30) day period, the hearing shall be held before a committee appointed by the Board consisting of three (3) persons, all of whom shall be Owners or residents of the Subdivision or representatives of the Declarant. A representative of the Association shall be afforded a reasonable opportunity to make a statement describing the alleged violation and to present any evidence or witnesses to support its statement.

The alleged violator shall also be afforded a reasonable opportunity to be heard and to present any evidence or witnesses on his or her behalf. At the conclusion of all statements and presentations, the committee may close the hearing and retire to discuss the evidence and to render a judgment as to whether, in fact, a violation has occurred. The committee shall notify the Association and the alleged violator in writing of its determination within ten (10) days after the hearing. If the committee determines that a violation has occurred, the Association may pursue any a remedies described in its original notice of the violation. The alleged violator shall ba

after the hearing. If the committee determines that a violation has occurred, the Association may pursue any a remedies described in its original notice of the violation. The alleged violator shall ba amended.

(c) Applicability. The notice and hearing procedures set forth i in this Seg apply to any claim: (i) upon which the Board deems it necessary to obtg g relief; (ii) pertaining to the collection of Assessments; or (iii) nicreiog exercise its right of self-help to cure the violation after written notteé opportunity to cure.

ARTICLE XII AUTHORITY AND CONTROL BY DE Section 12.1 Declarant Rights.

revert to the Board of Directors of the Association. Declarant may but, is not obligated to limit the powers or duties of the Board of Directors during the period of Declarant control.

In the event any other provision in this Declaration is in contradiction to this Article XII, in whole or in part, this Article XII shall prevail.

Section 12.2 Easement to Inspect and Right to Correct.

Declarant reserves for itself and others it may designate the right, but not the obligation, to inspect, monitor, test, redesign, and correct any structure, improvement, or condition which may exist on any portion of the Property, including Lots, and a nonexclusive easement of access throughout the Property to the extent reasonably necessary to exercise such right. Excep emergency, entry onto a Lot shall be only after reasonable notice to the Owner and no ent residence or other structure on a Lot shall be permitted without the Owner’s consent, workmanship or materials.

Section 12.3 Right to Develop.

conducted in phases and may cause enjoyment of a Lot. Declarant and Builders hours and Declarant reserves the rig any time.

ge, stipulate, and agree: (a) that such activities

on 12.3 Right to Develop.

conducted in phases and may cause enjoyment of a Lot. Declarant and Builders hours and Declarant reserves the rig any time.

ge, stipulate, and agree: (a) that such activities 8 or offensive activities, under any applicable withjzf or in proximity to the Lot where such activities are being being Tctively conducted at the time of entry, such as at night or 37 harmless for any and all losses, damages (compensatory, consequential, punitive, or otherwise), injuries, or deaths arising from or relating to the aforesaid activities; (d) that any purchase or use of any portion of a Lot has been and will be made with full knowledge of the foregoing; and (e) this acknowledgment and agreement is a material inducement to Declarant to sell, convey, lease, and/or allow the use of Lots within the Property.

Section 12.5 Changes in Master Plan.

Each Owner acknowledges that Subdivision is a planned community, the development of which is likely to extend over many years, and agrees that the Association shall not engage in, or use Association funds to support any protest, challenge, or other form of objection to (a) chg in uses or density of property within the Property, or (b) changes in the master plan of Subd including, without limitation, the enlargement of the master plan and the acquisition or re regulatory approvals to reflect the annexation of real property, without Declarant’s prior consent, which consent may be granted or withheld in Declarant’s discretion.

Owner. Each Owner acknowledges and agrees that it is not entitled to received or relied upon any representations, warranties, or guarantees design, construction, completion, development, use, benefits, or y; ficers directors, employees and agents; and any

t entitled to received or relied upon any representations, warranties, or guarantees design, construction, completion, development, use, benefits, or y; ficers directors, employees and agents; and any ' who agrees to submit to this Section 12.6 (each such entity being refegred to aly”) agree to encourage the amicable resolution of eovenanis and age (collgetively.

A ettdims, grievances or disputes described in Section 12.6 (c) enandatory procedures set forth in Section 12.6 (d).

38 promises, or warranties made by or on behalf of any Bound Party, shall be subject to the provisions of this Section 12.6.

(d) Mandatory Procedures.

@) Notice. Any Bound Party having a Claim (“Claimant”) against any other Bound Party (“Respondent”) (the Claimant and Respondent referred to herein being individually, as a “Party”, or, collectively, as the “Parties”) shall notify each Respondent in writing (the “Notice”), stating plainly and concisely: (a) the nature of the Claim, including the persons involved, and Respondent’s role in the Claim; the Claim arises; (c) the proposed remedy; and (d) the fact that Claimant will meet with Rafope faith ways to resolve the Claim.

Gi) Negotiations and Mediation.

(a) The parties shall make every reasoflabl grt confer for the purpose of resolving i requested in writing, accompanied & (c) time, or does the Claim, a the mediator shall issue a notice of termination of the mediation proceedings (“Termination of Mediation”). The Termination of Mediation Notice shall set forth that the Parties are at an impasse and the date that mediation was terminated.

Each Party shall bear its own costs of the mediation, including attorneys’ fees, and each

ediation Notice shall set forth that the Parties are at an impasse and the date that mediation was terminated.

Each Party shall bear its own costs of the mediation, including attorneys’ fees, and each Party shall share equally all charges rendered by the mediator. If the Parties agree to a resolution of any Claim through negotiations or mediation in accordance with this Section and any Party thereafter fails to abide by the terms of such agreement, then any other Party may file suit or initiate arbitration proceedings to enforce such agreement, without the need to again comply with the procedures set forth in this Section. In such event, the Party taking action to enforce the agreement shall be entitled to recover from the non-complying Party (or if more th: non-complying Party, from all such Parties pro rata) all costs incurred in enforci agreement, including, without limitation, attorneys’ fees and court costs.

(iii) Binding Arbitration.

(a) Upon Termination of Mediation, Claimant shall ¢ entitled to initial final, binding arbitration of the Claim jagder the Ausjfice AAA in accordance with the AAA’s ca i Arbitration Rules, as appropriate. Such Claims shall ’ three (3) arbitrators. Otherwise, unless mutual shall be one (1) arbitrator. Arbitrgfécs shall dispute, which may include legal e ae} if leg and expenses incurred arbitratability of any Cl ARTICLE XIII OBLIGATIONS OF BOARD OF DIRECTORS Section 13.1 Obligations of Board of Directors.

Notwithstanding anything herein to the contrary, and so long as Declarant is acting on behalf of the Board of Directors as further described in Section 13.2 below, the sole responsibility and obligation of the Board of Directors shall be to maintain the corporation

eclarant is acting on behalf of the Board of Directors as further described in Section 13.2 below, the sole responsibility and obligation of the Board of Directors shall be to maintain the corporation books of the Association and maintain the Association in good corporate standing with Secretary of State of the State of Texas and in good standing with the Office of the Comptroller of Public Accounts of the State of Texas. The Declarant shall have the sole right to appoint and remove members of the Board during the period of Declarant Section 13.2 Liability for Association Operations.

limitation, reasonable attorneys’ fees and costs at all tribunal level instituted, including those incurred in establishing the right to be indent harmless pursuant hereto), which relate to or arise out of Association manag Section 13.3 No Liability for Acts of Third O OWNERS AND OCCUPANTS OF VOLS, Aw claims, demands, damages, costs, and expenses of whatever kind or drt ADEQUATE SECURITY p SECURITY MEASURES UNDERTAKEN.

PEMS, OR ANY MECHANISM OR SYSTEM FOR PROPERTY, CANNOT BE COMPROMISED OR TAT ANY SUCH SYSTEMS OR MEASURES 41 RESPONSIBLE FOR INFORMING ITS TENANTS AND ALL OCCUPANTS OF ITS LOT THAT THE ASSOCIATION, THE BOARD AND ITS COMMITTEES, AND DECLARANT ARE NOT INSURERS OR GUARANTORS OF SECURITY OR SAFETY AND THAT EACH PERSON WITHIN THE PROPERTY ASSUMES ALL RISKS OF PERSONAL INJURY AND LOSS OR DAMAGE TO PROPERTY, INCLUDING LOTS AND THE CONTENTS OF LOTS, RESULTING FROM ACTS OF THIRD PARTIES.

ARTICLE XIV EXPANSION OF THE PROPERTY Section 14.1 Expansion of the Property.

Declarant, in its sole discretion and without the approval of any other party, may frog to time subject this Declaration to additional real property by recording in the Real Prope

ion of the Property.

Declarant, in its sole discretion and without the approval of any other party, may frog to time subject this Declaration to additional real property by recording in the Real Prope subjected to this Declaration. Any such Supplemental Declaration which is exg or other person in order to be fully enforceable and effective to cause to be incorporated herein. Nothing in this Declaration shall be const subject additional real property to this Declaration.

Real Property Records of the County shall not require the consent or <i of ay t Section 14.2 Additional Covenants and Easements.

costs through the Assessments, as described i Art te add “tional covenants and Supplenje bjecting such property to this Declaration or in a separate Suppleme gpation referencing pyOperty previously subjected to this Declaration. Any such Supplentg i ay supplement, create exceptions to, or otherwise modify the terms of this D éss otherwise specified in such Supplemental Declaration. On ental Declaration, any additional property subjected to this 42 ARTICLE XV GENERAL PROVISIONS Section 15.1 Mortgages.

It is expressly provided that the breach of any of the conditions contained herein shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, as to the same premises or any part thereof encumbered by such mortgage or deed of trust, but said conditions shall be binding thereto as to Lots acquired by foreclosure, trustee’s sale or otherwise, as to any breach occurring after such acquisition of title.

Section 15.2 Term.

This Declaration shall be enforceable by Declarant, the Association, any aggrieved Orn

sure, trustee’s sale or otherwise, as to any breach occurring after such acquisition of title.

Section 15.2 Term.

This Declaration shall be enforceable by Declarant, the Association, any aggrieved Orn and their respective legal representatives, heirs, successors, and assigns until Decembgy ¢ at least sixty-seven percent (67%) of the then Owners have signed, in a six preceding the end of the initial term or any extension, an inst i Declaration and such instrument is recorded in the Real Property Recowds of Wy the end of the term.

Section 15.3 Severability.

competent jurisdiction, such invalidity shall in no affect a which shall remain in full force and effect.

until the same is determined by the final (i.e., atop Sect a judg Section 15.4 Binding Effect.

This Declaration is for the mufual &g hall be bjfiding upon, each and every g ood that the covenants, conditions, fte/Property. This Declaration, when executed, shall be filed of record g Records of the County, so that each and every Owner or purchaser of a i he restrictions, easements, and gq State for the State of Texas or to such other address as is specified by the Association in writing to the Owners.

Except as this Declaration or the Bylaws otherwise provide, all notices, demands, bills, statements, or other communications under this Declaration or the Bylaws shall be in writing and shall be deemed to have been duly given if delivered personally or by private carrier; if sent by United States mail; or, if the intended recipient has given its prior written authorization to use such method of delivery, by facsimile or electronic mail with written confirmation of transmission.

Notices sent in accordance with this Declaration shall be deemed to have been duly given and effective:

h method of delivery, by facsimile or electronic mail with written confirmation of transmission.

Notices sent in accordance with this Declaration shall be deemed to have been duly given and effective: (i) sent by United States mail, when deposited with the U.S. Postal Service, addressed, with first class postage prepaid; (ii) if delivered personally or by private carrier, when actually delivered to of the intended recipient, as evidenced by the signature of the person at such addresg such delivery; or (iii) if sent by facsimile or electronic mail, upon vammioihe confirmation.

Section 15.6 Transfer Under Deed of Trust.

Upon any transfer of Declarant’s interest in g the terms of any deed of trust lien upon the P under this Declaration, shall be transferred to f any part thereof, is thereby conveyed.

Md shall be responsible for any cost, Mwhich may have otherwise been avoided if ssociation.

Section 15.9 Lien Priority.

Notwithstanding any other provision of the Declaration, the lien to secure the payment of Assessments and any other lien which the Association may have on any Lot pursuant to the Declaration for (a) Assessments or other charges becoming payable on or after the date of recordation of the first mortgage or deed of trust on any Lot, or (b) any fees, late charges, fines or interest that may be levied by the Association in connection with unpaid Assessments, shall be subordinate to the lien or equivalent security interest of any legitimate third-party first lien mortgage or deed of trust on any Lot, ifany. Any foreclosure of any such superior lien under the power of sale of any mortgage, deed of trust or other security instrument, or through court proceedings in which the Association has been made a party, shall extinguish the liens securing

en under the power of sale of any mortgage, deed of trust or other security instrument, or through court proceedings in which the Association has been made a party, shall extinguish the liens securing provision shall be reallocated and assessed to all Lots as a common exp Section 15.10 Use of Recreational Facilities and Other Commo’ the guests of any such persons. EACH OWNER, B PORTION OF THE PROPERTY MADE PORTION OF THE COMMON PROPERTIES.

afion, the Board and committees, and builders within wential loss or damage arising from personal i injury or death, gss of enjoyment, or any other wrong or entitlement to remedy Sperties, including, without limitation, any claim arising in whole e of Declarant, the Association, or any Builder within the community.

45 THE FOREGOING RELEASE IS INTENDED TO RELEASE THE SPECIFIED PARTIES FROM LIABILITY FOR THEIR OWN NEGLIGENCE.

EACH OWNER ACKNOWLEDGES AND AGREES THAT THE ABOVE RELEASE FROM LIABILITY IS CONSIDERATION FOR, AND A CONDITION TO, THE USE AND ENJOYMENT OF THE RECREATIONAL FACILITIES AND OTHER COMMON PROPERTIES WITHIN THE SUBDIVISION AND THAT THIS ACKNOWLEDGMENT AND AGREEMENT IS A MATERIAL INDUCEMENT TO DECLARANT AND BUILDERS TO SELL, CONVEY, LEASE, AND/OR ALLOW THE USE OF LOTS WITHIN THE SUBDIVISION. ANY VIOLATION OF THIS RELEASE AGREEMENT BY AN OWNER, OR ANY OF OWNER’S FAMILY MEMBERS, TENANTS AND OTHER OCCUPANTS OF OWNER’S PROPERTY, OR THEIR RESPECTIVE GUESTS SHALL BE GROUN R THE SUSPENSION OR TERMINATION OF ALL OF SUCH PERSONS’ USE PRIV IN SUCH FACILITIES.

Section 15.11 Construction of Declaration and All Association Documents.

liberally construed to give effect to its intended purpose. All do significance or effect of a provision in this Declaration or other docitawénts%

ruction of Declaration and All Association Documents.

liberally construed to give effect to its intended purpose. All do significance or effect of a provision in this Declaration or other docitawénts% shall be resolved in favor of the operation of the Association and ifg Declaration.

The provisions of this Declaration and all other documents of, > Section 15.12 City Right to Assume Association Rights 4 that the Association fails in its obligations hereundergcollect A fails to maintain the Common Properties as Gor undé 142-107(d), the City may assume the rights of MesASoo#a the Owners and Lots within the Subdivision, £ required to ensure compliance with such Gi od® of Ordinance Assessments on 46 EXECUTED to be effective as of ha ) K lak > AS , 2016.

Hardin McKinney Partners, Ltd, A Texas Limited Partnership By: Hardin McKinney GP, Inc., A Texas Corporation it’s General Partner By: John Walter, President STATE OF TEXAS § COUNTY OF COLLIN § This te the Pest was acknowledged before me on the co by John Walter, the (eide-of Hardin McKinney Partners, Ltd the President of Hardin McKi McKinney GP, Inc, a wee , a COLLEEN GACCIONE Notary Public, State of Texas My Commission Expires May 11, 2019 Exhibit “A” TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR 2 \ & ; Property Description Phase 1: WHEREAS Hardin McKinney Partners, Ltd. is the owner of an 18.576 acre portion of a 20.200 acre tract of land in the W. Hunt Survey, Abstract No. 450, City of McKinney, Collin County, Texas as recorded in Instrument Number 20150522000604940, Official Public Records, Collin County, Texas (OPRCCT) the subject tract being more particularly described as follows: BEGINNING at an ““X” found in the approximate centerline of Bois D' Arc road (an undedicated

blic Records, Collin County, Texas (OPRCCT) the subject tract being more particularly described as follows: BEGINNING at an ““X” found in the approximate centerline of Bois D' Arc road (an undedicated right-of-way) and being in the west line of Crowe Lane and being the northeast corner of a tract conveyed to McKinney ISD according to the deed recorded in Volume 5870, Page 3893 of the Deed Records, Collin County, Texas; THENCE, N 88°29'08” W, 1499.26 feet along the south line of the first and second said H McKinney Partners, Ltd. tracts and the north line of said McKinney ISD tract to a 1/2" iron ro’ set in the north line of said McKinney ISD tract; THENCE, N 01°30'52” E, a distance of 271.25, to a 1/2” set iron rod with cap for cor THENCE, around a non-tangent curve to the right having a central ang of 55.00 feet, a chord of N 08°55'59" W - 59.74 feet, an arc length of 6 g rod with cap for corner; McKinney Partners, Ltd. tract; THENCE, along the west line of the second said H following; N 28°57'00” W, a distance of 185.90 fg to a 5/8” iron rod found for corner; THENCE, S 88°30'44” E, 1219%4 set in the future west right-of-way Jing Phase 2: WHEREAS Hardin McKinney Partners, Ltd. is the owner of an 1.623 acre portion of a 20.200 acre tract of land in the W. Hunt Survey, Abstract No. 450, City of McKinney, Collin County, Texas as recorded in Instrument Number 20150522000604940, Official Public Records, Collin County, Texas (OPRCCT) the subject tract being more particularly described as follows: BEGINNING at a 1/2" iron rod set in the southeast corner of said Hardin McKinney Partners property and being in the north property line of a tract conveyed to McKinney ISD according to the deed recorded in Volume 5870, Page 3893 of the Deed Records, Collin County, Texas;

McKinney Partners property and being in the north property line of a tract conveyed to McKinney ISD according to the deed recorded in Volume 5870, Page 3893 of the Deed Records, Collin County, Texas; THENCE, N 88°29'08" W, a distance of 127.04 feet, to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set; THENCE, N 20°33'12" W, a distance of 49.41 feet, to a 1/2" iron rod with a plastic cap stam "SPIARSENG" set; THENCE, N 28°57'00" W, a distance of 329.73 feet, to a 1/2" iron rod with a plastic caf stamped "SPIARSENG" set; THENCE, S 88°29'08" E, a distance of 301.95 feet, to a 1/2" iron rod K&S plasti "SPIARSENG'" set; THENCE around a non-tangent curve to the left having a central anglae 55.00 feet, a chord of S 08°55'59" E - 59.74 feet, an arc length of 98.15 foe / THENCE, S 01°30'52" W, a distance of 271.25 fee; yn 1/2" irgn rdd with aplastic cap stamped "SPIARSENG" set, to the POINT OF BEGINNIWQxyth phe subject tract confainghg 70,706 square feet or 1.623 acres of land.

Exhibit “B” TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HARDIN VILLAGE Design Guidelines PART ONE: LANDSCAPING, FENCES AND EXTERIOR ELEMENTS SECTION 1.1 LANDSCAPING: Upon completion of each residence, each residence must comply with the landscapt requirements of any applicable City of McKinney ordinances and Associatigu Notwithstanding compliance with the foregoing, the following landscape eleme installed prior to occupancy of the residence: ; 1.1.1 Sod: Each residence shall have full sod installed for th and a minimum of ten (10) feet back from the front wall fao to the side yard fence, whichever is greater.

ty (60) days unless The city may have a tree eSponsible for the maintenance a preservation and shall promptly replace dead shrubbery within

front wall fao to the side yard fence, whichever is greater.

ty (60) days unless The city may have a tree eSponsible for the maintenance a preservation and shall promptly replace dead shrubbery within thirty (30) days of legs occyfrreyce when favorable planting weather exists or sixty (60) ays thotgughfares and Corner Lots: Portions of a fence that face a major or street including corner lots will be considered major thoroughfare ting af shall be spruce wood or better, board-to-board, with a cap, and stained SECTION 1.3. MAIL BOXES: 1.3.1 1.3.2 with a Seal Rite Medium Brown. Steel posts are preferred but, not required. The smooth side of the fence must always be facing outward. See Exhibit Attachment 1.2.1.1 for more information. Fencing must be kept in good repair at all times.

Broken or missing pickets or panels must be promptly repaired or replaced. All leaning or fallen panels must be up righted, repaired or replaced. Fencing must be routinely stained and kept aesthetically pleasing at all times. All fencing shall be stained and preserved as follows: Manufacturer: Seal Rite Medium Brown (any other stain color must be approved in advance, in writing, by the ACC prior to use) Standard Side and Rear Yard Fences — Interior Lots: For all interior lots whith include any portion of a fence that is not visible from a major street or thorougha shall be spruce or better, with steel or wood posts, and top rail. Fencing may be fo 0 inch (4”) dog-ear pickets and all fences to have step ups and step dowpé for grade. See Exhibit Attachment 1.2.2.1. Fences shall be staigfed approved color from Section 1.2.1 above. Fencing m all times.

icant 1.2.3.2.

Cluster type mailboxes wi details on materials and ates armed forces and School Spirit flags. No other types

ll be staigfed approved color from Section 1.2.1 above. Fencing m all times.

icant 1.2.3.2.

Cluster type mailboxes wi details on materials and ates armed forces and School Spirit flags. No other types ers, kits or similar types of displays are permitted on a Lot if 1.4.3. The flag of the State of Texas must be displayed in accordance with Chapter 3100 of the Texas Government Code.

1.4.4 Any freestanding flagpole, or flagpole attached to a residence, shall be constructed of permanent, long-lasting materials. The materials used for the flagpole shall be harmonious with the residence, and must have a silver finish with a gold or silver ball at the top. The flagpole must not exceed three (3) inches in diameter.

1.4.5 The display of a flag, or the location and construction of the supporting flagpole, shall comply with applicable zoning ordinances, easements, and setbacks of record.

1.4.6 A displayed flag, and the flagpole on which it is flown, shall be maintained ty good condition at all times. Any flag that is deteriorated must be replaced or remdyed.

Any flagpole that is structurally unsafe or deteriorated shall be repaired, replaced or removed.

attached to the face of the residence (no other stru flagpole. A flagpole attached to the residence may not exe freestanding flagpole may not exceed 20 feet in height. A must be located in either the front yard or backyard of.

distance of at least 5 feet between the flagpole and jhe 1.4.7 Only one flagpole will be allowed per Lot. A smug can eitlfer 1.4.8 Any flag flown or displayed on a freegffqding flagpole e er than 3'x5' and no larger than 4'x6'.

1.4.9 Any flag flown or displayed larger than 3'x5'.

1.4.10 Any freestanding flagpole Sw ernal halyard system. Alternatively, pt Halyard" Flag snaps installed.

er than 3'x5' and no larger than 4'x6'.

1.4.9 Any flag flown or displayed larger than 3'x5'.

1.4.10 Any freestanding flagpole Sw ernal halyard system. Alternatively, pt Halyard" Flag snaps installed.

ag illumination may not shine into another residence.

regarding flag illumination are a basis to prohibit further er resolves complaint.

1.4.13 All freestanding flagpole installations must receive prior written approval of ACC.

SECTION 1.5 RAIN BARRELS OR RAINWATER HARVESTING SYTEMS 1.5.1 Rain barrels or rain water harvesting systems and related system components (collectively, “Rain Barrels”) may only be installed after receiving the written approval of the Reviewer.

1.5.2 Rain Barrels may not be installed upon or within Common Properties.

1.5.3. Under no circumstances shall Rain Barrels be installed or located in or on gf within a Lot that is in-between the front of the property owner’s home%g adjoining or adjacent street.

content that is not typically displayed on such Rain re as manyfacfured 1.5.5 Rain Barrels may be located in the side-yard or back-yar Parcel so long as these may not be seen from a street, anotlfe Properties.

Reviewing Body may impose lim regarding the size, number and screening of R Ratrelé With the objcetinve bf reening the Rain Barrels from public view to egiestke ible. owner must have sufficient area on their Lo 1.5.7 Rain Barrels must be p Tigifftained™et all titgesr removed by the owner.

1.5.8 Rain Barrels must be e ayer affix on the entry to the owner’s or occupant’s residence bus items, the display of which is motivated by the owner’s or e tsidence violates any of the following covenants, The Association may

e ayer affix on the entry to the owner’s or occupant’s residence bus items, the display of which is motivated by the owner’s or e tsidence violates any of the following covenants, The Association may ove the item displayed: (1) threatens the public health or safety; (2) violates a law; (3) contains language, graphics, or any display that is patently offensive to a passerby; (4) is ina location other than the entry door or door frame or extends past the outer edge of the door frame of the owner’s or occupant’s residence; or (5) individually or in combination with each other religious item displayed or affixed on the entry door or door frame has a total size of greater square inches 1.6.3 No owner or resident is authorized to use a material or color for an entry door door frame of the owner’s or occupant’s residence or make an alteration tg e door or door frame that is not authorized by the Association, Dg otherwise expressly approved by the Architectural ve Commit PART TWO: RESIDENCES SECTION 2.1 ROOFS 2.1.1 Roof Pitch: Roof Pitch for homes shall have a migfimyn of the Declarant or ACC. | 2.1.2 Roofing Materials: Roofing 30-year rated shingle havigg £ colors shall not be used Committee.

ays’ and Chimney Chases, above roof bs finished with an approved exterior grade SECTION 2.2 CERTAIN ROOFING MATERIALS 2.2.1 2.2.3 2.2.4 2.2.5 SECTION 2.3 SOLAR PANELS 2.3.1 Roofing shingles covered by this Section are exclusively those designed primarily to: (i) be wind and hail resistant; (ii) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (iii) provide solar generation capabilities (collectively, "Roofing Shingles").

Roofing Shingles allowed under this Section 2.2 shall:

s greater than those provided by customary composite shingles; or (iii) provide solar generation capabilities (collectively, "Roofing Shingles").

Roofing Shingles allowed under this Section 2.2 shall: (1) resemble the shingles used or otherwise authorized for use in the Subdivision and/or Property; (2) be more durable than and are of equal or superior quality to the s (3) match the aesthetics of the property surrounding the property of the ow requesting permission to install the Roofing Shingles.

The owner requesting permission to install the Roofing Shingles responsible for accrediting, certifying and demonstratingap the Refi proposed installation is in full compliance with paraergho B Roofing Shingles shall be installed after receiving the Wx Reviewer.

Owners are hereby placed on notice that the insta void or adversely other warranties.

Solar energy devices, inghdigg a on any structyfre a S Association dedicatory instrument, or within any fenced req patio of the owner’s property, but only as allowed gyvie may not be installed on the front elevation of 6rm to the slope of the roof; 2.3.5 2.3.9 SECTION 2.4 EXTERIOR WALLS 2.4.1 (3) have a top edge that is parallel to the roofline; and (4) havea frame, support bracket, or wiring that is black or painted to match the color of the roof tiles or shingles of the roof. Piping must be painted to match the surface to which it is attached, i.e. the soffit and wall. Panels must blend with the color of the roof to the greatest extent possible.

If located in the fenced rear-yard or patio, Solar Panels shall not be taller than the fence line or visible from a Lot, Common Properties or street.

The Reviewer may deny a request for the installation of Solar Panels if it

rear-yard or patio, Solar Panels shall not be taller than the fence line or visible from a Lot, Common Properties or street.

The Reviewer may deny a request for the installation of Solar Panels if it determines that the placement of the Solar Panels, as proposed by the property owner, will create an interference with the use and enjoyment of neighboring owners.

Owners are hereby placed on notice that the installation of Solar Panels may waid adversely affect roof warranties. Any installation of Solar Panels material warranties is not permitted and will be cause for the Sola removed by the owner.

Solar Panels must be properly maintained at all times Q Ar owner of the property.

séventy-five percent be cementious siding or gl Committee.

Exterior Wall Materials: Exterib consist of a minimum of aj twenty-five percent cementious dis as approved by the Architectural be used for hidden or concealed wall Wafls: Side and rear wall surfaces may be constructed using a grick and exterior-grade siding as required to comply with the a sg¥enty five percent (75%) brick overall requirement. Refer to ¢.1.1 forexceptions to this rule. The second floor rear wall surfaces may be @xterior-grade siding materials. Refer to 2.4.1.1 for exceptions to this 2.4.1.3 Chimneys: Chimney wall structures that are a direct extension of an exterior wall shall match the requirement of said wall.

2.4.1.4 Required masonry percentages shall be calculated excluding exterior wall areas built on top of a roof.

SECTION 2.5 9 WINDOWS 2.5.1 Windows shall be constructed of vinyl, divided light on all front windows, divided light on all windows backing siding collectors, parks or open spaces. Reflective prohibited.

SECTION 2.6 GARAGE 2.6.1 Garage Doors shall be constructed of metal or wood and shell be kepfin good

ivided light on all windows backing siding collectors, parks or open spaces. Reflective prohibited.

SECTION 2.6 GARAGE 2.6.1 Garage Doors shall be constructed of metal or wood and shell be kepfin good at all times. Garage doors shall be closed when not in use.

SECTION 2.7 ADDRESS BLOCKS 2.7.1 All address blocks shall be cast stone.

SECTION 2.8 ELEVATION AND BRICK US 2.8.1 Same Plan with Same Elevationp#!

2.8.1.1 Residences usi separated by a plan, but a difféxe Lot. For purposeg 2.8.2 S€t: No combination of brick color, mortar color, and sand be repeated for adjacent residences. Street and alley See Exhibit Attachments to Attachment 1.2.1.1— Fence Attachment 1.2.2.1 ence Attachment 1.2.3 Attachment 1.

2.8.2 Exterior Material Area Calculations: All residence plan submittals shall calculate the percentage coverage for each material as follows: 2.8.2.1 Calculation Method: Calculations for material coverage percentages shall include all exposed areas of the wall surface, excluding window and door openings.

2.8.2.2 Calculation Format: Calculations shall indicate the area coverage for front, side, and rear wall areas. Calculations shall be submitted in the following format: Brick Calculations Overall Total Wall Area 0 sf Total Brick Area 0 sf Total Brick Percentage 0% Front | Total Wall Area 0 sf Total Brick Area 0 sf Total Brick Percentage 0% [Left CTC Total Wall Area Total Brick Area Total Brick Percentag Total Wall Area Total Brick Area Total Brick Percentage Rear Total Wall Area Total Brick Area EXHIBIT ATTACHMENT 1.2.1.1 TO DESIGN GUIDELINES FOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HARDIN VILLAGE Fence Detail (Major Thoroughfares and Corner Lots [see attached] Oo EXHIBIT ATTACHMENT 1.2.1.1 ih ONTINOUS 2x4 CAP

, CONDITIONS AND RESTRICTIONS FOR HARDIN VILLAGE Fence Detail (Major Thoroughfares and Corner Lots [see attached] Oo EXHIBIT ATTACHMENT 1.2.1.1 ih ONTINOUS 2x4 CAP CONTINOUS 1x4 BAND STANDARD WOOD &.

Attachment 1.2.

Major Thoroughfag Fence Details EXHIBIT ATTACHMENT 1.2.2.1 TO DESIGN GUIDELINES FOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HARDIN VILLAGE Fence Detail (Standard Side and Rear Yard Fences — Interior Lots Ss onlos SS 2G [see attached] EXHIBIT ATTACHMENT 1.2.2.1 DWELLING of PUBLIC VIEW STANDARD wooR FENCE PICKETS PUBLIC VIEW 4" Dea ca dtbosadd ATTACHMENT: 1.2.2.1 STANDARD LOT Sipe’ $f FENCE DETAILS EXHIBIT ATTACHMENT 1.2.3.2 TO DESIGN GUIDELINES FOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HARDIN VILLAGE Wrought Iron/ Ornamental Metal Fence Detail Ss onl SS 2@ [see attached] EXHIBIT ATTACHMENT 1.2.3.2 Greenbelt Areas, Open Spaces, and Parks Side and Rear Yard Fencing Requirements lron Fence Detail Wrought fron Top and Bottom fron Picket eq Tube Ly | Wrought Iron 2" sq tube 72” ] / I “Paint Black Concfte t EXHIBIT ATTACHMENT 1.3.1 TO DESIGN GUIDELINES FOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HARDIN VILLAGE Cluster Mail Box Detail [see attached] FLORENCE manufacturing company 0 Π D 0 Π 0 INSTALLATION MANUAL vital™ cluster box units All Types - 1570 "F" Series 0 Π Π ㅁ Π 0 D Π Π 0 Π Π cial コロ 10 10 AF FLORENCE manufacturing company 5935 Corporate Drive Manhattan, KS 66503 www.florencemailboxes.com 800.275.1747 4 GERALTAR INDUSTRIES COMPANY www.florencemailboxes.com 91194 Rev E Page 1 of 16 TABLE OF CONTENTS DESCRIPTION Nei GENERAL INFORMATION & ADVISORIES GET TO KNOW YOUR CBU CONCRETE FOUNDATION PREPARATION

4 GERALTAR INDUSTRIES COMPANY www.florencemailboxes.com 91194 Rev E Page 1 of 16 TABLE OF CONTENTS DESCRIPTION Nei GENERAL INFORMATION & ADVISORIES GET TO KNOW YOUR CBU CONCRETE FOUNDATION PREPARATION ‘PEDESTAL TO CBU CABINET INSTALLATION PARCEL ARROW LOCK INSTALLATION CAUTION -- Transportation ° Lay boxes flat. Do not stand on end as box ® Cluster Box Units (CBU) are heavy. Use ca CAUTION -- Handling ¢ Use caution when lifting and carrym, ® Pinch hazard exists when placing indation. Installer should support unit or have assistance qce befofe opening the master load doors. Failure to do so could Page 91194 RevE www florencemailboxes.cont : Ae FLORENCE G 0 0 D CBU PRODUCT INFORMATION vital™ cluster box units - 1570 Series UNITED STATES POSTAL SERVICE OFFICIAL LICENSED PRODUKT an officially licensed product of the US Postal Service for centralized mail delivery.

License #1CDSEQ-08-B-0012 G 0 D 0 0 0 Q 0 a D 0 10 1570-8 (ΤΥΡΕ Ι) 1570-12 (TYPE II) 1570-16 (TYPE III) 1570-13 (TYPE IV) 1570-475 (TYPE V) 1570-6T6 (TYPE VI) TYPE I TYPE !

ΓΥΡΕ ΙΙΙ TYPE IV TYPE V TYPE VI INSTALLED HEIGHT 62" 42" 62" 62" 62" 62" DEPTH 18" 18" 18" 18" 18" 18" WIDTH 30-1/2" 30-1/2 30-1/2" 30-1/2" 30-1/2" 30-1/2" PEDESTAL HEIGHT 28-1/2" 28 1/2" 14-1/2 14-1/2" 28-1/2" 14-1/2" WEIGHT (WITHOUT PEDESTAL)* 107 LBS 111BS M7 LBS 137 LBS 112 LBS 148 LBS WEIGHT (WITH PEDESTAL)* 125 LBS 129 LBS 162 LBS 152 LBS 130 LBS 163 LBS QTY OF STANDARD COMPARTMENTS 12 16 13 4 8 STANDARD COMPARTMENT HEIGHT 3-1/4" 3-1/4" QTY OF PARCEL COMPARTMENTS 3-1/4" 2 5" 6-1/2" 3-1/4" 1 2 4 PARCEL COMPARTMENT HEIGHT 10, 13 10" 10", 13" 10" 10", 13" 10", 13" * Weights do NOT include packaging product only.

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HEIGHT 3-1/4" 3-1/4" QTY OF PARCEL COMPARTMENTS 3-1/4" 2 5" 6-1/2" 3-1/4" 1 2 4 PARCEL COMPARTMENT HEIGHT 10, 13 10" 10", 13" 10" 10", 13" 10", 13" * Weights do NOT include packaging product only.

Uno product packaging.

AF FLORENCE manufacturing company www.florencemailboxes.com 91194 Rev E Page 3 of 16 GET TO KNOW YOUR FLORENCE CBU vital™ cluster box unit - 1570 “F” Series Before the assembly process begins, please review the illustration below. The major components that you will be working with, and that are referred to in this instruction manual, are identified so as you are installing your vital™ cluster box unit (CBU), you will be familiar with the terms that are used.

Cabinet Pedestal Model 1570-16 shown for illustration purposes 91194 Rev E rencemiailh R E N “ amen omencome AF FLORE NCE HARDWARE AND COMPONENTS vital™ cluster box unit- 1570 “F” Series The CBU cabinet and pedestal are packaged separately. Below is a list of components and hardware you will receive in each package.

® Pedestal Package e Template - guide to locate pedestal base anchors © Rubber Pad - installed between ground and pedestal base © Pedestal - fully assembled ® Cabinet Package © CBU mailboxes and parcel lockers in protective cabinet ® Pedestal hardware Tenant keys Parcel keys and tags Installation manual Cleaning instructions (4) Arrow Lock nuts; and panel lock covers attached with tempora NOTE: Anchors are not included with this prodé of installation planned and should be purchaged & ® Outdoor Installation - anchoring sy

row Lock nuts; and panel lock covers attached with tempora NOTE: Anchors are not included with this prodé of installation planned and should be purchaged & ® Outdoor Installation - anchoring sy “Concrete Foundation Preparatiq incides with type e discussed in the next section, wunflorencemailboxes.com 91194 Rev E Page 5 of 16 ackuring Exhibit “C” TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR O ee Bylaws [see attached] BYLAWS OF HARDIN VILLAGE HOMEOWNERS ASSOCIATION, INC.

ARTICLE I INTRODUCTION The name of the corporation is Hardin Village Homeowners Association, Inc., a Texas nonprofit corporation, hereinafter referred to as the “Association”. The principal office of the Association shall be located in Collin County, Texas, but meetings of Members and Directors may be held at such places within the State of Texas, as may be designated by the Bo Directors.

The Association is organized to be a nonprofit corporation.

Notwithstanding anything to the contrary in these Bylaws, a number of provision are modified by the Declarant’s reservations in that certain Declaration of A:oyetfants Conditions and Restrictions for Hardin Village recorded in the O Publit Récorgs Collin County, Texas, including the number, qualification, ap ent, remgVg replacement of Directors.

ARTICLE I DEFINITIONS Unless the context otherwise specifies or reqyitgs, the fo, $s when used in these Bylaws shall have the meanings here fatigy specifigd: Section 2.1. Assessment. “Assess ‘ assessment(s) levied by the Association under the terms g easement estates, licenses, leag personal property which are Section 2.7. Bylaws. “Bylaws” shall mean the Bylaws of the Association which may be adopted by the Board and as the same may be amended from time to time.

s, licenses, leag personal property which are Section 2.7. Bylaws. “Bylaws” shall mean the Bylaws of the Association which may be adopted by the Board and as the same may be amended from time to time.

Section 2.8. Certificate. “Certificate” shall mean the Certificate of Formation of Hardin Village Homeowners Association, Inc., a Texas non-profit corporation, filed in the office of the Secretary of State of the State of Texas, as the same may from time to time be amended.

Section 2.9. Declarant. “Declarant” shall mean CTMGT Frontier 80, LLC, a Texas limited liability company, and its duly authorized representatives or their successors or assigns; provided that any assignment of the rights of Declarant must be expressly set forth in writing and the mere conveyance of a portion of the Property without written assignment of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant here Section 2.10. Declaration. “Declaration” shall mean the “Declaration of Cove Conditions and Restrictions for Hardin Village”, recorded in the Official Public Records Collin County, Texas, as the same may be amended from time to time.

Section 2.11. Development. “Development” shall mean and refer to subject to the terms and provisions of the Declaration.

Q Section 2.12. Manager. “Manager” shall mean the person, employed by the Association pursuant to the Declaration and delegated functions of the Association.

Section 2.13. Member. “Member” or “Members” shal g entities holding membership privileges in the ee as profided in the J Section 2.14. Mortgage. “Mortgage” g including Declarant, holding a fee sim of a Mortgage.

deys’after seventy-five percent (75%) of the Lots have been br (ii) ten (10) years from the date on which the Declaration is

ortgage. “Mortgage” g including Declarant, holding a fee sim of a Mortgage.

deys’after seventy-five percent (75%) of the Lots have been br (ii) ten (10) years from the date on which the Declaration is gcords of Collin County, Texas, and each subsequent regular fs’shall be held on the same day of the same month of each year wot date is selected by the Board of Directors. If the day for the annual 2 HARDIN VILLAGE HOMEOWNERS ASSOCIATION, INC.

BYLAWS meeting of the Members is a Saturday, Sunday, or legal holiday, the meeting will be held on the first day following which is not a Saturday, Sunday, or legal holiday.

Section 3.2. Special Meetings. Special meetings of the Members may be called at any time by the President or by a majority vote of the Board of Directors, or upon written request of the Members who are entitled to vote fifty-one percent (51%) or more of the votes of the Association.

Section 3.3. Place of Meetings. Meetings of the Association may be held at the Development or at a suitable place convenient to the Members, as determined by the Board.

Section 3.4. Notice of Meetings, At the direction of the Board, written noticg meetings of the Association will be given to the Members at least ten (10) days but not mor¢ tha sixty (60) days prior to the meeting. Notices of meetings will state the date, time, and place meeting is to be held. Notices will identify the type of meeting as annual or special, and w state the particular purpose of a special meeting. Notices may also set forth any other iter information deemed appropriate by the Board.

Section 3.5. Voting Member List. The Board will prepare Os availa the Association’s voting Members in accordance with the Texas Busin Section 3.6. Quorum. The presence at the meeting of Members 6

ard.

Section 3.5. Voting Member List. The Board will prepare Os availa the Association’s voting Members in accordance with the Texas Busin Section 3.6. Quorum. The presence at the meeting of Members 6 proxies entitled to cast, twenty-five percent (25%) of the total votes of theynemD constitute a quorum for any action, except as otherwise provjd€d in“jhe erti Section 3.7. Proxies. Votes each proxy must: (i) be signed and d Lot to which the vote is appurtenant; (il favor of whom the proxy is gua (iv) identify the meeting for whi notice; and (vi) be delivereg meeting for which the prox} Unless the proxy specifies 4 date of its execution. “Re meeting for which the proxy is designated. Unless a meeting which is adjourned, recessed, or rescheduled is A proxy may be delivered by fax. However, a proxy by the Member, before and certified by an officer authorized to take acknoWedgedSgr sWern to} 3 HARDIN VILLAGE HOMEOWNERS ASSOCIATION, INC.

BYLAWS acknowledgments and oaths; or (b) the Association also receives the original proxy within five (5) days after the vote.

Section 3.8. Conduct of Meetings. The president, or any person designated by the Board, presides over meetings of the Association. The secretary keeps, or causes to be kept, the minutes of the meeting which should record all resolutions adopted and all transactions occurring at the meeting, as well as a record of any votes taken at the meeting. The person presiding over the meeting may appoint a parliamentarian. Votes should be tallied by tellers appointed by the person presiding over the meeting.

Section 3.9. Order of Business. Unless the notice of meeting states otherwise, or the assembly adopts a different agenda at the meeting, the order of business at meetings of, Association is as follows:

ection 3.9. Order of Business. Unless the notice of meeting states otherwise, or the assembly adopts a different agenda at the meeting, the order of business at meetings of, Association is as follows: — Determine votes present by roll call or check-in procedure ~ Announcement of quorum — Proof of notice of meeting — Approval of minutes of preceding meeting — Reports of Officers (if any) © — Election of Directors (when required) - Unfinished or old business — New business Section 3.10. Adjournment of Meeting. At any meetingfof of the Members present at that meeting, either in perso’ or by prgxy, without a meeting by written consents. bers to vote by any method allowed by the Texas Business Orgaffizat ode, whig Me hand delivery, United States Mail, facsimile, e-mail, or an¥combipé iothyof titese. ten consents by Members representing at least a majority of votesfn the ? sociath Ns igher percentage as may be required by the Documents, constitutes\gpf b iften génsent. This Section may not be used to avoid the requirement 9) and’ does not apply to the election of Directors.

Section 3.12. Telep hold meetings of the Associtio equipment by me Pht embers of the Association may participate in and Nyy meaj of conference telephone or similar communications all persons Participating in the meeting can hear each other.

express purpose of objecting to the transaction of any business ot lawfully called or convened.

4 HARDIN VILLAGE HOMEOWNERS ASSOCIATION, INC.

BYLAWS ARTICLE IV BOARD OF DIRECTORS Section 4.1. Authority; Number of Directors.

(a) The affairs of the Association shall be governed by a Board of Directors. The number of Directors shall be fixed by the Board of Directors from time to time. The initial

rity; Number of Directors.

(a) The affairs of the Association shall be governed by a Board of Directors. The number of Directors shall be fixed by the Board of Directors from time to time. The initial Directors shall be three (3) in number and shall be those Directors named in the Certificate. The initial Directors shall serve until their successors are elected and qualified. Except as is provided in the Declaration and in Sections 4.1(b) and 4.1(c) below, Declarant shall have the absolute right to appoint and remove members of the Board of Directors.

(b) From and after the first annual meeting of Members and until the dat “Transition Date”) which is the earlier of (i) one hundred-twenty (120) days after seventy(75%) of the Lots have been sold to non-Declarant Owners, or (ii) ten (10) years from the dat® include two (2) persons oar by Declarant and one (1) person ele Class A Members (“Non-Declarant Director”) at such meeting at of Members held on or after the Transition Date. Onand after sold to a non-Declarant Owner (the “Declarant T ate”) will call a meeting of the Members of the Assgqi Date shall serve a term of more thay EALS. Director takes office upon the adjournment of the meeting or ballotirlg ap or appointed and, absent death, ineligibility, resignation, or removal, wil 5 HARDIN VILLAGE HOMEOWNERS ASSOCIATION, INC.

BYLAWS Section 4.3. Nominations to Board of Directors. Members may be nominated for election to the Board of Directors in either of the following ways: (a) A Member who is not a Director and who desires to run for election to that position shall be deemed to have been nominated for election upon his filing with the Board of Directors a written petition of nomination; or (b) A Director who is eligible to be re-elected shall be deemed to have been

deemed to have been nominated for election upon his filing with the Board of Directors a written petition of nomination; or (b) A Director who is eligible to be re-elected shall be deemed to have been nominated for re-election to the position he holds by signifying his intention to seek reelection in a writing addressed to the Board of Directors.

Section 4.4. Removal of Directors for Cause. If a Director breaches such Directg duties hereunder or violates the terms of the Declaration, the Certificate, the Association R these Bylaws, such Director may be removed by Declarant unless Declarant no longer has right to appoint and remove Directors in accordance with Section 4.1 of these Bylaws, and the by a majority vote of the remaining Directors after Declarant’s right to appoint and remeye Directors has expired. No Director shall have any voting rights nor may such Director pafticipaté payment of any Assessments or other charges owed to the Associatiga’\ ninety (90) days delinquent in the payment of Assessments or other c Coop consecutive times shall be removed as a Director.

Section 4.5. Vacancies on Board of Directors. At such ti appoint and remove Directors has expired or been terminated, jf Director shall become vacant by reason of death, resignatioy @iso been given to the entire Board of provided the same notice of oval is to be considered at such special Directors, including the indi meeting.

6 HARDIN VILLAGE HOMEOWNERS ASSOCIATION, INC.

BYLAWS by such written consent shall have the same force and effect as a unanimous vote of the Directors.

ARTICLE V MEETINGS OF DIRECTORS Section 5.1. Regular Meetings. Regular meetings of the Board shall be held annually or such other frequency as determined by the Board, without notice, at such place and hour as

MEETINGS OF DIRECTORS Section 5.1. Regular Meetings. Regular meetings of the Board shall be held annually or such other frequency as determined by the Board, without notice, at such place and hour as may be fixed from time to time by resolution of the Board.

Section 5.2. Special Meetings. Special meetings of the Board shall be held when called by the President of the Association, or by any two Directors, after not less than three (3) dav notice to each Director.

Section 5.3. Quorum. A majority of the number of Directors shall constitute a quoru for the transaction of business. Every act or decision done or made by a majority ofthe Directors present at a duly held meeting at which a quorum is present shall be regarded g of the Board of Directors.

Section 5.4. Telephone Meetings. Members of the Board € 3 Association may participate in and hold meetings of the Board or c® conference telephone or similar communications equipment by means d participating in the meeting can hear each other. Participation in such presence in person at the meeting, except where a person participa minutes of Board meetings.

unanimous vote.

Section 6.1. Powers.

following actions, in additio accordance with the Declarat period i in which such Member shall be in default in the payment the Association, or after notice and hearing, for any period during 7 HARDIN VILLAGE HOMEOWNERS ASSOCIATION, INC, BYLAWS (c) exercise for the Association all powers, duties and authority vested in or related to the Association and not reserved to the membership by other provisions of the Association Restrictions; (d) ‘to enter into any contract or agreement with a municipal agency or utility company to provide electric utility service to all or any portion of the Property;

ions of the Association Restrictions; (d) ‘to enter into any contract or agreement with a municipal agency or utility company to provide electric utility service to all or any portion of the Property; (e) declare the office of a member of the Board to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board; (f) employ such employees as they deem necessary, and to prescribe their duties, (g) as more fully provided in the Declaration, to: (1) fix the amount of the Assessments against each Lot in advance of ea annual assessment period and any other assessments provided by the Declaration; and (2) foreclose the lien against any property for which Assessments 91 within thirty (30) days after due date or to bring an action at againg personally obligated to pay the same; charge for the issuance of these certificates (it being understood thaje4 Assessment has been paid, such certificate shall be conclusive evigé (i) procure and maintain adequate liab: by the Association; qi) cause all officers or employed may deem appropriate; and (k) _ exercise such other and) by law.

all its acts and corporate affairs and to dnnual meeting of the Members, or at any ed in writing by Members who are entitled to cast 8 HARDIN VILLAGE HOMEOWNERS ASSOCIATION, INC.

BYLAWS