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2024 - 2024000059606 05/17/2024 03:45 PM Page 1 of 79 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR HAZELWOOD SOUTH ADDITION A RESIDENTIAL SUBDIVISION IN COLLIN COUNTY, TEXAS ial NOTICE: THIS DOCUMENT SUBSTANTIALLY AFFECTS YOUR RIGHT'S AND OBLIGATIONS AS AN OWNER OF PROPERTY IN THIS SUBDIVISION, READ IT CAREFULLY. WITHOUT LIMITATION, YOU ARE SPECIFICALLY ADVISED AS FOLLOWS: (i) ARTICLE III PROVIDES FOR MANDATORY MEMBERSHIP IN A HOMEOWNERS' ASSOCIATION, AND ARTICLE V PROVIDES FOR MANDATORY PAYMENT OF ASSESSMENTS TO THE ASSOCIATION AND A CONTINUING LIEN AGAINST YOUR PROPERTY TO SECURE PAYMENT OF ASSESSMENTS WHICH MAY BE FORECLOSED EVEN IF THE PROPERTY IS YOUR HOMESTEAD, (ii) DECLARANT RETAINS SUBSTANTIAL RIGHTS UNDER THE DECLARATION, INCLUDING AS PROVIDED IN EXHIBIT A ATTACHED TO THIS DECLARATION, AND INCORPORATED HEREIN BY THIS REFERENCE FOR ALL PURPOSES, AND ESPECIALLY DURING THE DEVELOPMENT PERIOD, THE UNILATERAL RIGHT TO SET RATES FOR REGULAR ASSESSMENTS AND IMPOSE SPECIAL ASSESSMENTS, AND, WITHOUT NONCE TO OR CONSENT OF ANY OWNER, TO ANNEX ADDITIONAL PROPERTIES INTO THE SUBDIVISION, TO AMEND ANY PLAT AND TO AMEND THIS DOCUMENT AND ANY OTHER "GOVERNING DOCUMENTS", AND (iii) SECTION A10.01 OF EXHIBIT A HERETO SETS FORTH PROCEDURES REGARDING MANDATORY DISPUTE RESOLUTION, INCLUDING A REQUIREMENT THAT DISPUTE NOTICE BE GIVEN TO DECLARANT WITHIN Undi AFTER RECORDING RETURN TO: Hazelwood Single Family LLC Attention Abdul Mohammed 5851 Legacy Circle, 6th Floor Plano, Texas 75024 120 DAYS AND ESTABLISHMENT OF A MAXIMUM TWO YEAR STATUTE OF LIMITATIONS. YOUR RIGHTS TO ASSERT A "DISPUTE" MAY BE LOST IF YOU FAIL TO COMPLY WITH SECTION A10.01.

6076\HAZELWOOD VILLAS-DECLARATION V4 2024 - 2024000059606 05/17/2024 03:45 PM Page 2 of 79

TUTE OF LIMITATIONS. YOUR RIGHTS TO ASSERT A "DISPUTE" MAY BE LOST IF YOU FAIL TO COMPLY WITH SECTION A10.01.

6076\HAZELWOOD VILLAS-DECLARATION V4 2024 - 2024000059606 05/17/2024 03:45 PM Page 2 of 79 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS STATE OF TEXAS FOR HAZELWOOD SOUTH ADDITION A RESIDENTIAL SUBDIVISION IN COLLIN COUNTY, TEXAS COUNTY OF COLLIN ess cosess § KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, HAZELWOOD SINGLE FAMILY LLC, a Texas limited liability company (herein referred to as "Declarant") is the current owner of all that certain real property located in Collin County as more particularly described in Section 1.01 hereof, and said Declarant desires to create and carry out a general and uniform plan for the improvement, development, maintenance, use and continuation of a residential community on the property as set forth in Article I hereof for the mutual benefit of the Owners and their successors in title which property will be conveyed subject to the covenants, conditions, restrictions, ens charges and easements as set forth herein.

NOW, THEREFORE, in order Unofficial arry out a uniform plan for the improvement, development, maintenance, sale and use of the properties within the Subdivision as herein defined, it is hereby declared that all of the properties within the Subdivision shall be held, sold and conveyed subject to the following covenants conditions, restrictions, easements, charges and liens (sometimes herein collectively referred to as covenants and restrictions"), all of which are for the purposes of enhancing and protecting the value, desirability and attractiveness of said properties.

These covenants and restrictions shall run with said real property and be binding upon all parties

e purposes of enhancing and protecting the value, desirability and attractiveness of said properties.

These covenants and restrictions shall run with said real property and be binding upon all parties having or acquiring any right, title, or interest in said real property or any part thereof, their heirs, predecessors, successors and assigns, and shall inure to the benefit of each Owner thereof.

Article I Property Subject to This Declaration; Easements Property Subject to Declaration. The real property which, by the recording of this Declaration, will be held, transferred, sold, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to this Declaration is that certain real property located in the City of Princeton, Collin County, Texas, which is more particularly described in Exhibit B attached hereto and incorporated herein by this reference for all purposes.

Annexation of Other Property. During the Development Period only Declarant may annex additional real property in to and make same a part of the Subdivision. Thereafter, the Owners may annex additional real property in to and make same a part of the Subdivision by amendment of this Declaration. Any annexation must be evidenced by the filing of, and is effective from the date of the filing of, an amendment evidencing the annexation in the Official Public Records of Real Property of Collin County, Texas.

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 1 2024 - 2024000059606 05/17/2024 03:45 PM Page 3 of 79 Article II Definitions Unless the context otherwise prohibits and in addition to other defined terms set forth herein, the following words and substantive provisions regarding same when used in this Declaration shall apply, mean and refer to the following:

ibits and in addition to other defined terms set forth herein, the following words and substantive provisions regarding same when used in this Declaration shall apply, mean and refer to the following: 2.01 "Architectural Control Committee" or "ACC" means the committee established pursuant to Article IV of this Declaration.

2.02 "Architectural Guidelines" means minimum construction standards including acceptable exterior materials, colors, finishes and similar standards, landscaping requirements and limitations, and any other procedural, aesthetic, environmental or architectural guidelines, rules, requirements, policies or procedures from time to time adopted by Declarant or the Architectural Control Committee as provided in Article IV hereof, regardless of nomenclature or manner of designation, and may include Rules and Regulations.

2.03 "Association" means HAZELWOOD VILLAS HOA PRINCETON, INC., a Texas nonprofit corporation, to be incorporated for the purposes contemplated by this Declaration, and its successors (by merger, consolidation or otherwise and assigns.

Unofficial 2.04 "Board" or "Board of Directors means the Board of Directors of the Association.

2.05 "Bylaws" means the bylaws of the Association adopted by the Board of Directors of the Association, which shall be one of the Governing Documents.

means: 2.06 "Community Properties subject to applicable provisions of Exhibit A hereto, 2.06.1 HOA Lot 1X, Block, Lot 2X, Block 4, and Lot 1X, Block 8, and inclusive of the sidewalk if any, and landscaping located thereon, together will all other common areas so designated herein or by a Plat intended for the common use of Owners, which includes, but is not limited to, any open space, amenity lots and/or lots designated on the Plat as a HOA Lot;

mmon areas so designated herein or by a Plat intended for the common use of Owners, which includes, but is not limited to, any open space, amenity lots and/or lots designated on the Plat as a HOA Lot; 06.2 all Subdivision Facilities, including, but not limited to, any improvements, landscaping, fences, irrigation, signage and any fixtures or personal property located on the Community Properties, and landscape buffers identified on the Plat, if any; and 2.06.3 all other properties, real or personal, conveyed to or dedicated for the use of of otherwise acquired by the Association for the common use, enjoyment or benefit of, the Association, together with all improvements thereon or appurtenances thereto.

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 2 2024 - 2024000059606 05/17/2024 03:45 PM Page 4 of 79 2.07 "Declarant" means, Hazelwood Single Family LLC, a Texas limited liability company, and its successors and assigns if such successors or assigns: (i) acquire all or substantially all of the Lots then remaining in the Subdivision for purposes of development and completion of the initial sale of the Lots (as defined in Section A2.01 of Exhibit A hereto); or (1) are expressly designated in writings as a successor or assign of Declarant hereunder, in whole or in part.

"Declaration" means this Declaration of Covenants, Conditions, Restrictions and Easements for Hazelwood South Addition, and all lawful amendments thereto.

2.08 2.09 "Development Period" means the period of time beginning on the date of recordation of this Declaration in the Official Public Records of Real Property of Collin County Texas, and expiring on the earlier occurrence of either of the following events:

ginning on the date of recordation of this Declaration in the Official Public Records of Real Property of Collin County Texas, and expiring on the earlier occurrence of either of the following events: 2.09.1 the date Declarant does not own any real property within the Property, including any other real property annexed hereto; or 2.09.2 Six (6) months after completion of the initial sale (as defined in Section A2.01 of Exhibit A hereto) of the last Lot in the Subdivision; or Unofficial 2.09.3 Upon the date of filing in the Official Public Records of Real Property of Collin County, Texas, of Declarant's notice of termination of the Development Period; provided that at any time prior to complete termination of the Development Period Declarant may file one or more statements of limited termination of the Development Period to apply only to the specific functions, rights and/or responsibilities as stated therein.

2.10 "Governing Documents" means all documents and applicable provisions thereof regarding the use, maintenance, repair, replacement, modification or appearance of any properties within the Subdivision, including each Lot, or any rights, responsibilities or obligations of any Owners pertaining thereto, or to the Association, the Board or the ACC, including without limitation this Declaration, the Bylaws and Certificate of Formation of the Association, Rules and Regulations, Architectural Guidelines, all written decisions and resolutions of the ACC and Board, and all lawful amendments to any of the foregoing.

2.11 Lot" means each numbered plot of land shown upon any Plat upon which either a single family residence or a duplex residence is, or may be, built. The term "Lot" does not include

of the foregoing.

2.11 Lot" means each numbered plot of land shown upon any Plat upon which either a single family residence or a duplex residence is, or may be, built. The term "Lot" does not include Community Properties, and does not include commercial or other reserves so designated by a Plat, 2.12 "Member" means every Person who is an Owner and holds a membership in the Association. Every Member, who is not a natural person, must designate a representative of such entity who is a natural person as provided in the Association's Bylaws.

2.13 "Owner" means, whether one or more Persons: the owner according to the Official Public Records of Real Property of Collin County, Texas, whether one or more Persons, of the fee DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 3 2024 - 2024000059606 05/17/2024 03:45 PM Page 5 of 79 simple title to a Lot, including any mortgagee or other lien holder who acquires such ownership through judicial or non-judicial foreclosure or proceedings in lieu thereof, but excluding any Person holding a lien or other encumbrance, easement, mineral interest or royalty interest burdening title or otherwise having an interest merely as security for the performance of an obligation.

2.14 "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), limited liability company, association, trust, or other entity.

2.15 "Plat" means the initial map or plat of all or any portion of the Property as described in Section 1.01 which initial map or plat is sometimes herein referred to as the Final Plat", all maps or plats of properties made a part of the Property as provided in Article if any, hereafter filed in the Map Records of Collin County, Texas, and all lawful modifications amendments

al Plat", all maps or plats of properties made a part of the Property as provided in Article if any, hereafter filed in the Map Records of Collin County, Texas, and all lawful modifications amendments and/or replats of any of the foregoing.

2.16 "Prevailing Community Standards" means those standards of aesthetics, environment, appearance, architectural design and style, maintenance, conduct and usage generally prevailing in the Subdivision as reasonably determined by the Board or ACC at any given pertinent time and from time to time, including as to each particular Regulated Modification and each other matter or circumstance considered as of the date of the evaluation (i) prevailing standards as to harmony and compatibility with surrounding aesthetics, appearance and patterns of maintenance and use, harmony and compatibility with surrounding buildings, structures and other improvements, and harmony and compatibility with surrounding grades, topography, finished ground elevations, locations, colors, finishes, styles, workmanship, type and quality of materials and designs, and (ii) compliance with this Declaration and other applicable Governing Documents, and with applicable governmental laws, ordinances and regulations.

Unofficial 2.17 "Property" means the real property described in Section 1.01 and more particularly described in Exhibit B attached hereto (other than areas dedicated to the City or County), the other property annexed hereto, and such additional property as is brought within the jurisdiction of the Association and made subject to this Declaration.

Regulated Modification" means (without implication that any particular matter is permitted or prohibited by this Declaration and without limitation as to Article IV hereof) the

ct to this Declaration.

Regulated Modification" means (without implication that any particular matter is permitted or prohibited by this Declaration and without limitation as to Article IV hereof) the commencement placement, construction, reconstruction or erection on, below or above the surface of any Lot of or modification, alteration, or addition to, any building, structure or improvement, and any usage thereof, whether temporary or permanent, which may affect, modify or alter the aesthetics, environment, architectural scheme, appearance or standards, patterns of usage, or grades or topography, or any other Prevailing Community Standards as of the date of establishment of the Regulated Modification.

2.19 "Related Parties" means and applies as follows: 2.19.1 Owners and Tenants. Tenants of each Owner are Related Parties of that Owner, and with respect to each such Owner and each such tenant, Related Parties of each DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 4 2024 - 2024000059606 05/17/2024 03:45 PM Page 6 of 79 include (i) their respective family and other household members (including in particular but without limitation all children and other dependents), (ii) their respective guests, invitees, servants, agents, representatives and employees, and (iii) all other Persons over which each has a right of control or under the circumstances could exercise or obtain a right of control.

2.19.2 Association, ACC and Declarant. Related Parties of the Association, ACC and Declarant include their respective officers, directors, partners, co-venturers, committee members, servants, agents, representatives and employees regarding all acts of omissions related to any of the foregoing representative capacities.

2.20

s, directors, partners, co-venturers, committee members, servants, agents, representatives and employees regarding all acts of omissions related to any of the foregoing representative capacities.

2.20 "Rules and Regulations" means all rules, policies and procedures concerning of regulating the maintenance, operation, use or occupancy of the Subdivision, including the Lots and Community Properties, as from time to time adopted by Declarant or the Board of Directors in accordance with Section 7.12 hereof, regardless of nomenclature or manner of designation, and may include Architectural Guidelines.

2.21 "Street" means an open way to be used primarily for common vehicular travel, regardless of whether designated as a street, road lane, common drive, common driveway, shared drive, shared driveway, private access easement or similar nomenclature.

Unofficial 2.22 "Subdivision" means the residential community as more particularly described in Section 1.01 hereof, and any other real property subjected to this Declaration as herein provided from time to time.

2.23 "Subdivision Facilities means all facilities and services built, installed, maintained, operated or provided by or through the Association for the general benefit of the Subdivision, including without limitation: 2.23.1 All Subdivision Fencing (as defined in Section 8.06), including all Subdivision main entry fences, walls, and/or entry and other identification monuments; 23.2 Any patrol or access limiting type services, structures or devices specifically obtained and maintained by the Association for such purposes, including without limitation any controlled access gates, guardhouses and related structures or 2.23.3 All mail box banks, and/or water meters, water meter banks or water meter

tion for such purposes, including without limitation any controlled access gates, guardhouses and related structures or 2.23.3 All mail box banks, and/or water meters, water meter banks or water meter vaults and/or electrical meter banks, and similar facilities or devices so designated by Declarant or the Board as permitted by Section 9.05, if any, including entry, access and exit areas regarding same; 2.23.4 "Drainage Devices" specifically designated as Subdivision Facilities as permitted by Section 8.04.5, if any; DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 5 2024 - 2024000059606 05/17/2024 03:45 PM Page 7 of 79 2.23.5 Any trash, garbage or recycling collection, cable or satellite television, utilities, including any street lighting, and any other services provided by or through the Association, and any structures or devices related thereto; and 2.23.6 Any other facilities or services as from time to time so designated by Declarant during the Development Period or by the Board thereafter.

3.01 Article III Hazelwood Villas HOA Princeton, Inc.

Organization. The Association has been or will be organized and formed as a nonprofit corporation under the laws of the State of Texas. The Association has full power authority and standing to enforce all provisions of the Governing Documents. The principal purposes of the Association are the collection, expenditure and management of the funds and financial affairs of the Association, enforcement of all provisions of the Governing Documents, providing for maintenance, preservation and architectural control within the Subdivision, the providing of such Subdivision Facilities as herein permitted or required, and all other acts and

ocuments, providing for maintenance, preservation and architectural control within the Subdivision, the providing of such Subdivision Facilities as herein permitted or required, and all other acts and undertakings reasonably incident to any of the foregoing or in furtherance thereof.

Unofficial 3.02 Board of Directors. The Association acts through a Board of Directors which manages the affairs of the Association as specified in this Declaration, the Bylaws and other applicable Governing Documents. Unless otherwise expressly required by law and except as otherwise provided in this Declaration including Exhibit A hereto, the Board of Directors shall exercise and have all rights, powers, authority and responsibilities of the Association. The Board is specifically authorized to compromise and settle any and all claims, demands, liabilities and causes of action whatsoever held by or asserted against the Association upon such terms and conditions as the Board may determine, and the decisions of the Board as to any of the foregoing are final and conclusive. UNLESS OTHERWISE PROVIDED BY LAW, UNTIL THE DATE OF TRANSFER OF DECLARANT CONTROL, AS PROVIDED IN EXHIBIT A HERETO, DECLARANT WILL APPOINT ALL MEMBERS OF THE BOARD OF DIRECTORS, AND IS ENTITLED TO REMOVE AND REPLACE ANY OF SAME, AND IN ALL OTHER RESPECTS TO EXERCISE ALL RIGHTS AND AUTHORITY OF THE ASSOCIATION AS SET FORTH IN THIS DECLARATION AND ALL OTHER GOVERNING DOCUMENTS.

Membership. Every Owner must be and is a Member of the Association, and as such is subject to and shall have such rights, responsibilities and obligations as set forth in this Declaration and other applicable Governing Documents. The Association is entitled to rely on the

as such is subject to and shall have such rights, responsibilities and obligations as set forth in this Declaration and other applicable Governing Documents. The Association is entitled to rely on the Official Public Records of Real Property of Collin County, Texas in determining such status as an Owner, and may require submission to the Board of appropriate certified copies of such records as a condition precedent to recognition of status as an Owner. The foregoing is not intended to include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate any Owner's membership. No Owner, whether one or more Persons, shall have more than one membership per Lot. Memberships shall be appurtenant to and may not be separated from ownership of any Lot, and shall automatically pass with the title to the Lot.

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 6 2024 - 2024000059606 05/17/2024 03:45 PM Page 8 of 79 3.04 Voting Rights of Members.

3.04.1 Development Period. During the Development Period there will be two classes of membership entitled to voting rights in the Association which are as follows: (a) Class A: All Members of the Association other than the Declarant are Class A Members. DURING THE DEVELOPMENT PERIOD, CLASS A MEMBERS HAVE NO VOTING RIGHTS WHATSOEVER EXCEPT AS PROVIDED IN SECTION A4.01 of Exhibit A hereto.

(b) Class B: Declarant (and Declarant's successor and assigns, in accordance with the terms hereof), shall be the sole Class B Member so long as Declarant, or any such successor or assign, owns a single Let or any portion of the Property. The Class B Member shall be entitled to: (i) ten (10) votes for each

be the sole Class B Member so long as Declarant, or any such successor or assign, owns a single Let or any portion of the Property. The Class B Member shall be entitled to: (i) ten (10) votes for each Lot it owns; (ii) four (4) votes each acre of the roperty owned by Declarant, regardless if the time of the vote is within or after the Development Period; and (iii) one (1) "At Large vote. The Class B Member shall cease to be a Class B Member upon the closing of the sale of the last Lot or portion of land within the Property owned by the Class B Member, and Class B shall cease to exist at such time; provided, however, upon inclusion of any other real property annexed by Declarant into the Property that is subject to this Declaration, the Class B voting rights of the Class B Member shall be automatically reinstated until the last Lot or portion of land within the Property, inclusive of the annexed other real property, is sold by Declarant or Class B Member.

Unofficial Owners Elected Director. During the Development Period, on or before the 120th day after the date seventy-five percent (75%) of the Lots owned by Declarant are conveyed to Owners other than the Declarant or builders, at least one-third (1/3) of the members of the Board must be elected by the majority of the Owners other than the Declarant and such vote shall be at a meeting of the Members called for such purpose.

3.042 Post Development Period. Upon termination of the Development Period, Declarant's one "at large" vote will automatically terminate and any remaining Class B membership will automatically convert to Class A membership. Thereafter there will be only one class of voting membership, and the Owner of each Lot, whether one or more,

ate and any remaining Class B membership will automatically convert to Class A membership. Thereafter there will be only one class of voting membership, and the Owner of each Lot, whether one or more, wil be entitled to one vote on each matter coming before the membership.

304.3 Multiple Owners. When more than one Person holds an ownership interest in a Lot, all such Persons are Members, but no event will they be entitled to more than one vote with respect to each particular Lot owned. The single vote, approval, or consent of such joint Owners must be cast or given in accordance with the decision of a majority, or if such joint Owners cannot reach a majority decision, then none of the joint Owners will be permitted to vote, approve, or consent as to any such matter upon which a majority DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 7 2024 - 2024000059606 05/17/2024 03:45 PM Page 9 of 79 decision cannot be reached. The vote, approval or consent of any single Owner from among such joint Owners is conclusively presumed to be cast or given in accordance with the decision of the majority of the joint Owners and with their full authority.

3.04.4 Cumulative Voting Prohibited. Cumulative voting is prohibited as to any matter placed before the membership for a vote, including election of Directors.

3.05 Inspection by Members of Books and Records. All books and records of the Association, including financial records, shall be open to and reasonably available for examination by Owners, or a person designated in a writing signed by an Owner as the Owner's agent attorney or certified public accountant, in accordance with Section 209.005 of the Texas Property Code and

nation by Owners, or a person designated in a writing signed by an Owner as the Owner's agent attorney or certified public accountant, in accordance with Section 209.005 of the Texas Property Code and the policies of the Association regarding the same. All such policies shall be adopted by Declarant during the Development Period or the Board at any time.

3.06 Limitation of Liability; Indemnification.

3.06.1 General.

(a) "Association Representative(s)" Defined. As used in this Section 3.06.1, "Association Representative(s) means each current or former director, governing person, officer, delegate, employee and agent of the Association, as such terms are defined in the Texas Business Organizations Code.

Unofficial (b) Limitation of Liability. To the fullest extent allowed by the Texas Business Organizations Code including Chapters 7 and 8 thereof, an Association Representative is not able to the Association, to any Owner or Member of the Association, or to any other Person for any act by the Association Representative in the Person's capacity as an Association Representative unless the Person's conduct was not exercised in good faith, with ordinary care, and in a manner the Association Representative reasonably believes to be in the best interests of the Association Indemnification. To the fullest extent allowed by the Texas Business Organizations Code, including Chapter 8 thereof, the Association agrees to and is required to indemnify, defend, and hold harmless, and to advance expenses to, each Association Representative, INCLUDING, IN EACH CASE, FOR CLAMS BASED ON OR ARISING FORM SUCH PERSON'S TOTAL, PARTIAL, OR CONCURRENT NEGLIGENCE, but excluding any such items incurred as a result of any act or omission for which the Association Representative

CLAMS BASED ON OR ARISING FORM SUCH PERSON'S TOTAL, PARTIAL, OR CONCURRENT NEGLIGENCE, but excluding any such items incurred as a result of any act or omission for which the Association Representative is liable under the preceding subsection (b). The provisions of this subsection (c) constitute a determination that indemnification should be paid and a contract to indemnify as contemplated by Sections 8.103(c) and 8.15 1(d) (2) of the Texas Business Organizations Code.

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 8 2024 - 2024000059606 05/17/2024 03:45 PM Page 10 of 79 (d) Report to Members. So long as required by the Texas Business Organizations Code, any indemnification of or advance of expenses to an Association Representative must be reported in writing to all Owners upon the earlier to occur of (i) with or before the notice or waiver of notice of the next meeting of Members, or (ii) with or before the next submission to Members of a consent to action without a meeting, or (iii) within twelve (12) months after the date of the indemnification or advance.

3.06.2 Security Services. The Association may from time to me engage in activities or provide Subdivision Facilities, including activitie devices or services intended to or which may have the effect of enhancing safety of security including activities, devices or services limiting or controlling Subdivision access or providing of patrol services or otherwise monitor activities with the Subdivision (including Community Properties), and may from time to time provide information through newsletters or otherwise regarding same (all such matters and all activities, services or devices on a similar nature or incident thereto herein referred to as "Security Services") Without limitation of

wsletters or otherwise regarding same (all such matters and all activities, services or devices on a similar nature or incident thereto herein referred to as "Security Services") Without limitation of Section 3.06.1, each Owner and their tenants covenant and agree regarding any and all security issues and/or criminal activities and/or conduct and/or any other "Criminal Matters" (as defined below) within or outside the Subdivision, and as to any and all Security Services provided directly or indirectly by or through the Association as follows: Unofficial SECURITY IS THE SOLE RESPONSIBILITY OF LOCAL LAW ENFORCEMENT AGENCIES AND INDIVIDUAL OWNERS AND THEIR TENANTS, AND THEIR RESPECTIVE RELATED PARTIES. Security Services may be provided at the sole discretion of the Board of Directors The providing of any Security Services at any time will in no way prevent the Board from thereafter discontinuing, or from temporarily or permanently modifying, terminating or removing, any Security Services, in whole or in part.

Any third party providers of Security Services are independent contractors, the acts or omissions of which are not imputable to Declarant, the Association or any of their Related Providing of any Security Services may never be construed as (i) an undertaking by Declarant, the Association or any of their Related Parties to provide personal security as to any Owner tenant or their Related Parties, or as to any other Person, or (ii) a representation or undertaking that any Security Services will be continued, or (iii) a representation, guarantee or warranty that the presence of any Security Service will in any way increase personal safety or prevent personal injury or property damage due to negligence, criminal

ii) a representation, guarantee or warranty that the presence of any Security Service will in any way increase personal safety or prevent personal injury or property damage due to negligence, criminal conduct for any other cause. WITHOUT LIMITATION OF THE FOREGOING, DECLARANT, THE ASSOCIATION AND THEIR RELATED PARTIES SHALL NOT HAVE ANY DUTY WHATSOEVER TO WARN, ADVISE OR INFORM ANY OWNER, TENANT OR THEIR RELATED PARTIES AS TO CRIMINAL CONDUCT OF ANY KIND OR AS TO ANY OTHER MATTERS REGARDING OR RELATING ΤΟ SECURITY SERVICES, PAST DECLARANT, THE OR PRESENT.

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 9 2024 - 2024000059606 05/17/2024 03:45 PM Page 11 of 79 ASSOCIATION AND THEIR RELATED PARTIES ARE NOT LIABLE FOR, AND EACH OWNER, THEIR TENANTS, AND THEIR RESPECTIVE RELATED PARTIES, MUST INDEMNIFY, KEEP INDEMNIFIED AND HOLD DECLARANT, THE ASSOCIATION AND THEIR RELATED PARTIES HARMLESS AT ALL TIMES FROM, ANY INJURY, LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGES CAUSED BY THENT, BURGLARY, TRESPASS, ASSAULT, VANDALISM OR ANY OTHER CRIME TO ANY PERSON OR PROPERTY ARISING, DIRECTLY OR INDIRECTLY FROM THE PROVIDING OR FAILURE TO PROVIDE ANY SECURITY SERVICES, OR THE DISCONTINUATION, MODIFICATION, DISRUPTION, DEFECT, MALFUNCTION, OPERATION, REPAIR, REPLACEMENT OR USE OF ANY SECURITY SERVICES DECLARANT, THE ASSOCIATION AND THEIR RELATED PARTIES, HAVE NO DUTY, OBLIGATION OR RESPONSIBILITY OF ANY KIND WHATSOEVER TO WARN, ADVISE OR IN ANY OTHER MANNER INFORM ANY OWNERS, TENANTS, OR THEIR RELATED PARTIES, OR ANY OTHER RESIDENTS OR OCCUPANTS OF ANY LOT OR COMMUNITY PROPERTIES, OR ANY LAW ENFORCEMENT AGENCY, OR ANY OTHER PERSON AS TO ANY ALLEGED, SUSPECTED OR KNOWN CRIMINAL ACTIVINES OF ANY KIND, CRIMINAL

R ANY OTHER RESIDENTS OR OCCUPANTS OF ANY LOT OR COMMUNITY PROPERTIES, OR ANY LAW ENFORCEMENT AGENCY, OR ANY OTHER PERSON AS TO ANY ALLEGED, SUSPECTED OR KNOWN CRIMINAL ACTIVINES OF ANY KIND, CRIMINAL HISTORY OR BACKGROUND OF ANY PERSON, OR CRIMINAL INVESTIGATIONS BY LAW ENFORCEMENT AGENCIES OR BY ANY OTHER PERSON (ALL SUCH MATTERS ACTIVINES AND INVESTIGATIONS HEREIN REFERRED TO AS "CRIMINAL MATTERS"), regardless of whether the Criminal Matters involve the Subdivision, other areas in the vicinity or any other place or lands. The Association may (but has no obligation to) from time to time disclose and/or transmit information concerning Criminal Matters to Owners, tenants, and any other occupants of Lots and/or any Community Properties, to any law enforcement agencies, and to any other Person which the Association's officers, directors, agents, employees and other Related Parties in their sole discretion deem advisable. Each Owner and tenant by acceptance of any right, title or interest in any Lot, and every Owner, tenant and occupant of a Lot or any Community Properties by virtue of such occupancy, hereby consents, on their behalf and on behalf of their respective Related Parties, and on behalf of all other Persons coming upon a Lot or any Community Properties at their invitation, or with their consent or permission, to any such disclosure and/or transmittal of information. Any such disclosure and/or transmittal of information shall in no way be deemed an undertaking to do so in the future, either as to the Criminal Matters then involved or as to any other current or future Criminal Matters All other provisions of this Section apply to any disclosure and/or transmittal of information, and to any failure to disclose and/or transmit information,

any other current or future Criminal Matters All other provisions of this Section apply to any disclosure and/or transmittal of information, and to any failure to disclose and/or transmit information, concerning Criminal Matters, including in particular but without limitation, the provisions of Section 3.06.1(d) regarding the indemnity obligations of Owners, their tenants and their respective Related Parties.

3.06.3 Liability Arising From Conduct of Owners. EACH OWNER, THEIR TENANTS, AND THEIR RESPECTIVE RELATED PARTIES MUST INDEMNIFY AND KEEP INDEMNIFIED, AND HOLD HARMLESS, DECLARANT, THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 10 2024 - 2024000059606 05/17/2024 03:45 PM Page 12 of 79 ASSOCIATION AND THEIR RELATED PARTIES FROM AND AGAINST ALL CLAIMS, DAMAGES, SUITS, JUDGMENTS, COURT COSTS, ATTORNEY'S FEES, ATTACHMENTS AND ALL OTHER LEGAL ACTIONS CAUSED THROUGH THE WILLFUL OR NEGLIGENT ACT OR OMISSION OF AN OWNER, THE OWNER'S TENANTS, OR THEIR RESPECTIVE RELATED PARTIES.

3.06.4 Subsequent Statutory Authority. If the Texas Business Organizations Code, Texas Non-Profit Corporation Law, Texas Miscellaneous Corporation Laws Act Chapter 84 of the Texas Civil Practice and Remedies Code or any other applicable statute, state or federal, is construed or amended to further eliminate or limit liability or authorizing further indemnification than as permitted or required by this Section 06 then ability will be eliminated or limited and right to indemnification will be expanded to the fullest extent permitted by such construction or amendment.

3.06.5 No Impairment. Any repeal, amendment or modification of this Section 3.06 may not adversely affect any rights or protection existing at the time of the amendment.

Unofficial 4.01

or amendment.

3.06.5 No Impairment. Any repeal, amendment or modification of this Section 3.06 may not adversely affect any rights or protection existing at the time of the amendment.

Unofficial 4.01 Architectural Control Committee Organization; Compensation There is hereby established an Architectural Control Committee. DECLARANT WILL ACT AS THE ACC (AND AS THE DESIGNATED REPRESENTATIVE OF THE ACC) DURING THE DEVELOPMENT PERIOD. Thereafter, the Board of Directors shall act as the ACC. The act of a majority of the members of the ACC constitutes an act of the ACC; provided, the ACC may from time to time designate any one of its members to act in its stead. No person serving on the ACC is entitled to compensation for services performed, but may be reimbursed for reasonable expenses in such manner and amounts as may be approved by the Board of Directors.

Function and Powers.

02.1 Submission of Plans Required. Except as otherwise provided herein, no Regulated Modification may be commenced, constructed, erected, placed, maintained or made upon any Lot or within any part of the Subdivision unless and until complete plans d specifications covering all aspects of the Regulated Modification have been submitted to and approved in writing by the ACC as to compliance with applicable Architectural Review Criteria as set forth in Section 4.02.4. One complete set of plans and specifications must be submitted with each request for approval unless a greater number is required by applicable Architectural Guidelines. Any plans and specifications to be submitted must specify as applicable and in such detail and form as the ACC may reasonably require: (a) the location upon the Lot or within the Subdivision the Regulated Modification will occur or be placed;

ed must specify as applicable and in such detail and form as the ACC may reasonably require: (a) the location upon the Lot or within the Subdivision the Regulated Modification will occur or be placed; DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 11 2024 2024000059606 05/17/2024 03:45 PM Page 13 of 79 (b) the dimensions, nature, kind, shape, height, and color scheme of all materials to be used in connection with the Regulated Modification; (c) appropriate information concerning structural, mechanical electrical, plumbing, grading, paving, decking and landscaping details; and (d) intended uses.

4.02.2 Authorized Builder Plans. Notwithstanding anything to the contrary contained herein, any Authorized Builder who is constructing Regulated Modifications on multiple Lots shall have the option of submitting a master set of final plans and specifications for all of the residences it intends to construct within the subdivision to the ACC in accordance with the provisions of this Articles. Once a particular set of plans and specifications submitted by an Authorized Builder has been approved by the ACC or deemed approved, such Authorized Builder may construct homes in the Subdivision on any Lot in accordance with such plans and specifications without the necessity of obtaining subsequent approvals therefor, so long as there are no major material changes in the plans and specifications and the ACC approves of the location of the plans and specifications to prevent unnecessary duplication thereof within the Subdivision.

Unofficial 4.02.3 Architectural Guidelines; Fees Declarant during the Development Period and the ACC at any time may, from time to time, adopt, modify and delete such reasonable

ithin the Subdivision.

Unofficial 4.02.3 Architectural Guidelines; Fees Declarant during the Development Period and the ACC at any time may, from time to time, adopt, modify and delete such reasonable Architectural Guidelines applicable to the Subdivision, including Lots and Community Properties, as it deems appropriate to maintain or reasonably enhance Prevailing Community Standards of the Subdivision at the time of adoption. Without limitation of the foregoing, Architectural Guidelines may include the amount and manner of payment of any fees or charges reasonably anticipated to cover administrative costs, fees for architectural, engineering, construction, legal or other expert advice or consultation, and all other costs and expenses in connection with review and evaluation of an application (such costs and expenses herein referred to as the "Architectural Review Fee").

Architectural Guidelines shall be of equal dignity with, and shall be enforceable in the same manner as, the provisions of this Declaration, provided: (a) such Architectural Guidelines shall not be deemed a waiver, modification, or repeal of any of the provisions of this Declaration and (b) such Architectural Guidelines shall not be enacted retroactively except that all repairs modifications or maintenance performed subsequent to adoption shall be performed in such manner as to bring the Regulated Modification, so far as practicable, in compliance with all then applicable Architectural Guidelines.

4.02.4 Architectural Review Criteria. The ACC must evaluate all submitted applications for ACC approval on the individual merits of the particular application, and based on evaluation of the compatibility of the proposed Regulated Modification with

st evaluate all submitted applications for ACC approval on the individual merits of the particular application, and based on evaluation of the compatibility of the proposed Regulated Modification with Prevailing Community Standards (including compliance with this Declaration and all other applicable Governing Documents) as of the date of submission of an application. The ACC must also use reasonable efforts to achieve consistency in the approval or disapproval of specific types of Regulated Modifications, To this end, consideration will be given to (but DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 12 2024 2024000059606 05/17/2024 03:45 PM Page 14 of 79 the ACC is not bound by) similar applications for architectural approval and the decisions and actions of the ACC with regard thereto.

4.02.5 Responses; No Waiver or Estoppel. The ACC shall have full and complete authority to approve, conditionally approve or disapprove any request for ACC approval in accordance with Section 4.02.4. THE ACC AND NO OTHER ACTION OR OMISSION OF THE ACC SHALL OTHERWISE CONSTITUTE A WAIVER AS TO ANY OTHER PROVISIONS OF THIS DECLARATION OR PRECLUDE BY ESTOPPEL OR OTHERWISE FULL ENFORCEMENT THEREOF.

4.03 Variances. The ACC may grant specific variances to Architectural Guidelines and to the architectural and use restrictions set forth in Articles VII and VII of this Declaration. A variance may be granted only with respect to specific instances upon written request therefor is not binding with respect to any other request for a variance whether or not similar in nature, and does not constitute a waiver, modification or repeal of any of the provisions of this Declaration or other Governing Documents except for the limited purpose of and to the extent of the specific

, and does not constitute a waiver, modification or repeal of any of the provisions of this Declaration or other Governing Documents except for the limited purpose of and to the extent of the specific variance expressly granted. A variance may be granted only upon specific findings (a) that the variance is necessary due to unusual circumstances which are reasonably beyond the control of the applicant to mitigate or rectify, or in other circumstances, such as due to topography or natural obstructions, as to which the ACC determines a variance will result in a material enhancement to the applicant's Lot and/or to the Subdivision, and (b) that the granting of a specific variance will not materially and adversely affect the architectural, aesthetic or environmental integrity of the Subdivision or the scheme of development therein, WHETHER OR NOT SO STATED IN A VARIANCE AND NOTWITHSTANDING ANY THING IN A VARIANCE TO THE CONTRARY, A VARIANCE SHALL EXTEND ONLY FOR THE PERIOD OF TIME DURING WHICH AND TO THE EXTENT THAT THE CIRCUMSTANCES THAT FORMED THE BASIS THEREFORE CONTINUE TO EXIST. THE BOARD RETAINS FULL AUTHORITY AS TO ANY VARIANCE AT ANY TIME TO TERMINATE OR MODIFY SAME IN ACCORDANCE WITH ANY SUCH CHANGE IN CIRCUMSTANCES.

Unofficial Records of Architectural Control Committee. The ACC is not required to maintain records of any of its meetings. The ACC must keep and maintain records evidencing the final decision(s) of the ACC regarding all requests for approval and requests for variance for not less than four (4) years. The ACC must also maintain a record of all current Architectural Guidelines, and must provide copies to Owners upon written request and at the Owner's expense.

05 Liability of Architectural Control Committee. Except as provided in Section 3.06,

urrent Architectural Guidelines, and must provide copies to Owners upon written request and at the Owner's expense.

05 Liability of Architectural Control Committee. Except as provided in Section 3.06, neither the Association nor the ACC, nor their respective Related Parties are liable to any Owner, the Owner's tenants, the Related Parties of either, or to any other Person for any actions or failure to act or in connection with any approval, conditional approval or disapproval of any application for approval or request for variance, including without limitation, mistakes in judgment, negligence, malfeasance, or nonfeasance. No approval or conditional approval of an application or related plans or specifications and no publication of Architectural Guidelines may ever be construed as representing or implying that, or as a covenant, representation, warranty or guaranty that, if followed, the Regulated Modification will comply with applicable legal requirements, or DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 13 2024 - 2024000059606 05/17/2024 03:45 PM Page 15 of 79 as to any matters relating to the health, safety, workmanship or suitability for any purpose of the Regulated Modification. The provisions hereof are cumulative of the provisions of Section 3.06.

Article V Assessments and Maintenance Fund 5.01 Obligation for Payments of Assessments.

5.01.1 Commencement and Proration; Personal Obligation; Transferees obligation to pay assessments shall commence as to each Lot upon completion of the initial sale of each Lot (as that phrase is defined in Section A2.014 of Exhibit A hereto Assessments shall be prorated at the time of closing on said initial sale of each Lot from

n completion of the initial sale of each Lot (as that phrase is defined in Section A2.014 of Exhibit A hereto Assessments shall be prorated at the time of closing on said initial sale of each Lot from the first day of the month in which the closing occurs. In addition to the assessment lien herein established, each assessment is the personal obligation of each Owner of the Lot charged therewith at the time liability for the assessment accrued notwithstanding any subsequent transfer of ownership. Except as to statements of assessments as provided in Section 5.01.2 or as to a transferee pursuant to a lawful and valid foreclosure of a superior lien as provided in Section 5.08, each Owner's transferee, whether by purchase, gift, devise or otherwise, and whether voluntary or by operation of law, is also jointly and severally liable for payment of all unpaid assessments owed to the Association at the time of transfer without prejudice to the rights of the transferee to recover from the transferor the amounts paid by said transferee.

Unofficial 5.01.2 Statement of Assessments. Any transferee (or prospective transferee upon presentment of an executed eamest money contract or other writing satisfactory to the Board) shall be entitled to a statement from the Association setting forth all assessments due as of the date of the written request. The request must be in writing, must be addressed to the Association and must be delivered by registered or certified mail, return receipt requested, or by personal delivery with receipt acknowledged in writing. The Board may set a reasonable charge for providing a statement of indebtedness, the payment of which is a condition precedent to the Association's obligation to provide same. Except for fraud or

ing. The Board may set a reasonable charge for providing a statement of indebtedness, the payment of which is a condition precedent to the Association's obligation to provide same. Except for fraud or misrepresentation, if the Association fails to respond to a proper written request for a statement of indebtedness within thirty (30) days after receipt of the request by the Association and upon submission of a properly executed registered or certified mail return receipt or delivery receipt evidencing receipt of the request by the Association, upon transfer the transferee is not liable for, nor shall the Lot transferred be subject to a lien for, any unpaid assessments against the Lot accruing prior to the date of the written request.

5.02 Uniform Rates; Application of Payments. Subject to applicable provisions of Exhibit A hereto, regular and special assessments on all Lots must be fixed at a uniform rate, and must be determined on a per Lot basis. All payments made by or on behalf of an Owner for assessments (regular, special or specific) are deemed made upon the date of receipt of the payment by the Association or its designated representative. Except as otherwise required by Texas Property Code, Section 209.0063, all payments received, including payments received in consequence of judicial foreclosure, will be applied (i) first to payment of accrued interest, then to payment of DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 14 2024 - 2024000059606 05/17/2024 03:45 PM Page 16 of 79 accrued late charges, then to payment of compliance costs (including attorney's fees), and then to payment of all other specific assessments listed in Section 5.06; (ii) then to payment of any special

accrued late charges, then to payment of compliance costs (including attorney's fees), and then to payment of all other specific assessments listed in Section 5.06; (ii) then to payment of any special assessments; and (iii) finally to payment of all regular assessments. Application within each category shall be on a first in, first out basis.

5.03 Base Rate and Subsequent Computation of Regular Assessments.

5.03.1 Initial Base Rate of Regular Assessments; Due Dates. The initial full base rate of the regular annual assessment for 2024 per Lot (and continuing during 2024 and thereafter unless and until modified as herein provided) shall be determined by Declarant prior to completion of the initial sale of the first Lot to be sold in the Subdivision. The Board shall have the right to require regular annual assessments to be paid semi-annually quarterly or monthly, in advance (instead of annually). If the Board does so, the semiannual, quarterly or monthly installments of regular annual assessments, as the case may be, shall be rounded upward to the next dollar, and the regular annual assessment shall be automatically adjusted upward by the amount of such founding. UNLESS AND UNTIL OTHERWISE DETERMINED BY THE BOARD AS AFORESAID THE AMOUNT OF REGULAR ANNUAL ASSESSMENTS IS DUE AND PAYABLE ANNUALLY, IN ADVANCE, ON THE FIRST DAY OF JANUARY OF EACH CALENDAR YEAR.

5.03.2 Subsequent Computation of Regular Assessments.

DURING THE Unofficial DEVELOPMENT PERIOD, DECLARANT IS ENTITLED TO SET AND CHANGE THE ANNUAL RATE OF REGULAR ASSESSMENTS AS PROVIDED IN SECTION 5.10. Thereafter, the Board shall adopt a budget at least annually to determine sums necessary and adequate to provide for the expenses of the Association for the succeeding

NTS AS PROVIDED IN SECTION 5.10. Thereafter, the Board shall adopt a budget at least annually to determine sums necessary and adequate to provide for the expenses of the Association for the succeeding twelve (12) month period (including funding of capital, contingency and other reserves; such reserves to include a reserve fund to be established specifically for the continual and perpetual maintenance, repair and replacement of the Community Properties, as described in Section 6.01.1). The Board shall set the annual rate of regular assessments based on the budget. At least thirty (30) days written notice of such determinations must be given to Owners of all Lots if any change is made as to the amount of the annual rate of regular assessment.

5.04 No Waiver or Release. Notwithstanding anything to the contrary herein, the omission or failure for any reason of the Association to mail or deliver a notice of annual assessment or due date for payment thereof does not constitute a waiver, modification or release of an Owner's obligation to pay assessments as otherwise herein provided.

Special Assessments. In addition to the other assessments authorized herein, including other special assessments, the Board may levy special assessments at any time during each fiscal year for purposes of defraying, in whole or in part, any expenses not anticipated by the budget then in effect, or to replace part or all of any contingency, capital or other reserve fund, or for any other purpose as deemed necessary or appropriate by the Board. SO LONG AS THE TOTAL AMOUNT OF SPECIAL ASSESSMENTS IN ANY ONE FISCAL YEAR ALLOCABLE TO EACH LOT DOES NOT EXCEED FIFTY PERCENT (50%) OF THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 15

E TOTAL AMOUNT OF SPECIAL ASSESSMENTS IN ANY ONE FISCAL YEAR ALLOCABLE TO EACH LOT DOES NOT EXCEED FIFTY PERCENT (50%) OF THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 15 2024 - 2024000059606 05/17/2024 03:45 PM Page 17 of 79 AMOUNT OF THE REGULAR ANNUAL ASSESSMENT THEN IN EFFECT, THE BOARD MAY IMPOSE THE SPECIAL ASSESSMENT WITHOUT VOTE OR APPROVAL OF ANY OWNER; PROVIDED, AT LEAST THIRTY (30) DAYS WRITTEN NOTICE MUST BE GIVEN TO THE OWNERS OF ALL LOTS OF ANY SUCH SPECIAL ASSESSMENT Special assessments allocable to each Lot exceeding the foregoing limitation will be effective only if approved by the Owners of a majority of the Lots then contained within the Subdivision. The approval may be obtained in any manner as provided for approval of an amendment of this Declaration. Special assessments are payable as determined by the Board, and the Board may permit special assessments to be paid in installments extending beyond the fiscal year in which the special assessment is imposed.

5.06 Specific Assessments.

5.06.1 Types. Specific assessments must be assessed against individual Lots and the Owner(s) thereafter at the time liability for same accrues as follows (a) Working Capital Fund. The Association shall require each Owner (other than a Declarant) of any Lot who purchases that Lot from a previous Owner, to make a non-refundable contribution to the Association in an amount of Five Hundred and No/100 Dollars ($500.00. Said contribution shall be collected and transferred to the Association at the time of closing of the purchase and sale of the Lot and shall be for the use and benent of the Association, including to meet expenditures or to purchase equipment, property or services. Such contribution to

closing of the purchase and sale of the Lot and shall be for the use and benent of the Association, including to meet expenditures or to purchase equipment, property or services. Such contribution to the working capital fund shall not relieve an Owner from making regular payments of assessments as the same become due.

Unofficial Interest Interest compounded monthly from the due date at the rate of the lesser of eighteen percent (18%) per annum or the maximum legal rate will be charged on all delinquent assessments, regular, special or specific, which are not paid in full within thirty (30) days after the due date.

Late Charges. A late charge in the amount of Twenty Five and No 100 Dollars ($25.00) per month, or such other reasonable amount as from time to time determined by the Board or as provided in applicable Association policies, is hereby imposed as to any regular, special or specific assessment which is not paid in full within thirty (30) days after payment of same is due.

Compliance Costs. All expenses reasonably attributable to or incurred by reason of a breach or violation of or to obtain compliance with any provisions of this Declaration or other Governing Documents must be assessed against the Owner who occasioned the incurrence of such expenses, including reasonable attorney's fees whether incurred prior to, during the pendency of or after successful completion of any actions in a court of competent jurisdiction. The foregoing shall include, without limitation, all costs, expenses and reasonable attorney's fees incurred in connection with the judicial or non-judicial foreclosure DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 16 2024 - 2024000059606 05/17/2024 03:45 PM Page 18 of 79

s incurred in connection with the judicial or non-judicial foreclosure DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 16 2024 - 2024000059606 05/17/2024 03:45 PM Page 18 of 79 of the Association's assessment lien, including prosecution or defense of any claims or actions relating to any such foreclosure proceedings.

(e) Other Obligations (Including Transfer and ACC Fees). All other monetary obligations established by or pursuant to this Declaration or other Governing Documents or which are otherwise permitted or authorized by law, including without limitation as permitted or authorized by Chapter 204 of the Texas Property Code, and which are intended to apply to one or several but not all Lots must be assessed against the applicable Owner(s). Except for fines the Board may from time to time contract with Managing Agents to provide statements of assessments or other charges or resale certificates, ownership or tenancy or applications for architectural approval, and in connection therewith (but subject to authority of the Board to waive any specific assessment as herein provided) may by contract or resolution assign to such Managing Agent the right to set the amount of fees or charges for any such services and payment of the applicable charge.

receive Unofficial 5.06.2 Payment; Waiver. Specific assessments are due and payable immediately upon the occurrence of the event giving rise to ability for payment of same. Failure of the Association to impose or collect any specific assessment is not grounds for any action against the Association, or any Director, officer, agent or employee thereof, and does not constitute a waiver of the Association right to exercise its authority to collect any specific

for any action against the Association, or any Director, officer, agent or employee thereof, and does not constitute a waiver of the Association right to exercise its authority to collect any specific assessments in the future. For good cause shown as determined in the sole opinion of the Board, the Board may waive, wholly or partially, imposition of any specific assessment; provided, any such waiver is conditioned upon payment in full of all remaining monetary obligations then owed to the Association or receipt of written commitment that same will be paid within a specified period of time.

5.07 Lien for Assessments.

5.07.1 Establishment.

All sums assessed against each Lot pursuant to this Declaration whether by regular, special or specific assessment, are secured by the said continuing lien on each Lot in favor of the Association.

5.07.2 Perfection of Lien. The recordation of this Declaration constitutes record notice and perfection of the Association's continuing lien, effective from the date of recordation. No further recordation of a claim of lien or other notice of any type or kind whatsoever is required to establish or perfect such lien. To further evidence such lien, the Association may, but is not required to, from time to time prepare and file in the Official Public Records of Real Property of Collin County, Texas, written notice of default in payment of assessments applicable to one or more Lots, in such form as the Board may direct.

5.07.3 Priority of Lien. The Association's continuing lien is superior to all other liens or encumbrances on each Lot except: DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 17 2024 - 2024000059606 05/17/2024 03:45 PM Page 19 of 79 (a) a lien for real property taxes and other governmental assessments or

CLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 17 2024 - 2024000059606 05/17/2024 03:45 PM Page 19 of 79 (a) a lien for real property taxes and other governmental assessments or charges on a Lot (a "Tax Lien") to the extent so required by law but not otherwise (it being the intent hereof that the Association's continuing lien is superior to a Tax Lien if permitted by law, including as provided in Section 32.05 of the Texas Tax Code); (b) a first lien securing payment of purchase money for a Lot or a lien securing payment for work and materials used in constructing improvements on a Lot (a "First Lien") (i) as to and only as to assessments regular, special or specific) the obligation for payment of which accrues from or after the applicable First Lien is duly recorded in the Official Public Records of Real Property of Collin County Texas, and (ii) as to and only to the extent of unpaid sums secured by such First Lien; (c) an extension of credit (commonly known as a home equity loan) made in accordance with and pursuant to Section 50(a)(6), Article XVI, of the Texas Constitution, as amended, (d) a reverse mortgage made in accordance with and pursuant to Section 50(a)(7), Article XVI, of the Texas Constitution, as amended; and Unofficial (e) such other mortgages, deeds of trust, liens or other encumbrances to which the Board may from time to time by written agreement specifically and expressly agree, subject to such terms and conditions as set forth in the applicable written agreement 5.07.4 Other Liens. Except as provided in Section 5.07.3 or as otherwise expressly provided herein, all other Persons acquiring liens or encumbrances on any Lot are deemed to consent that such liens or encumbrances are inferior to the Association's lien for

or as otherwise expressly provided herein, all other Persons acquiring liens or encumbrances on any Lot are deemed to consent that such liens or encumbrances are inferior to the Association's lien for assessments, as provided herein, whether or not consent is specifically set forth in, and notwithstanding any contrary provisions in, any instruments creating such liens or encumbrances.

Effect of Nonpayment of Assessments.

5.08. Delinquency Date. Any assessments, regular, special or specific, which are not paid by the due date are delinquent as of midnight of the due date.

5.08.2 Automatic Remedies. Except to the extent otherwise expressly agreed in writing by the Board, if any assessments are not paid by the due date, then for the period of time beginning on the day following the due date and continuing through the date of receipt by the Association of payment in full and through the date of completion of processing of the payment, including deposit and negotiation of any personal check: DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 18 2024 - 2024000059606 05/17/2024 03:45 PM Page 20 of 79 (a) late charges, interest from the due date, and all compliance costs (including reasonable attorney's fees), all as set forth in Section 5.06, shall be added to and included in the amount of such assessment; (b) the Association may notify any credit bureau and/or any mortgagee, or other lienholder with respect to the applicable Lot as to any default under the Governing Documents, including delinquency in payment of assessments and any other monetary amounts due to the Association; and/or (c) the Association may exercise any other rights and remedies and institute and prosecute such other proceedings as it deems necessary to collect all amounts due.

ounts due to the Association; and/or (c) the Association may exercise any other rights and remedies and institute and prosecute such other proceedings as it deems necessary to collect all amounts due.

5.08.3 Elective Remedies After Notice. If any assessments are not paid within thirty (30) days after the due date, then the Association may elect to exercise any or all of the following remedies, in addition to and not in lieu of the automatic remedies as above provided, and without prejudice to any other rights or remedies, provided that notice and opportunity to be heard is first given: (a) Acceleration of Assessments. The Association may accelerate, through the end of the year in which notice of default and intent to accelerate is given and for an additional three (3) month period thereafter, all regular assessments and all special specific assessments (including any installment Unofficial payments) due or to become due during said period; provided, the maximum period of acceleration may not exceed twelve months after the first day of the month following the month in which notice of default and intent to accelerate is given.

Suspension of Services. After notice and opportunity to be heard as provided in Section 209.006 of the Texas Property Code, the Association may suspend until all assessments (including all specific assessments) are paid in full, all other rights of the delinquent Owner, the Owner's tenants, and the Related Parties of either, to (i) receive any and all services provided to the applicable Lot and any improvements thereon, and/or (ii) use, employ or receive the benefits of any other Community Properties and/or Subdivision Facilities, including all rights to use of any and all recreational facilities, if any. Notwithstanding the foregoing,

ploy or receive the benefits of any other Community Properties and/or Subdivision Facilities, including all rights to use of any and all recreational facilities, if any. Notwithstanding the foregoing, no Owner Owner's tenant, or any of their Related Parties may be denied any rights of ingress egress or regress to or from the Subdivision.

5.08.4 Action for Debt Foreclosure.

(a) Each Owner, by acquisition of any Lot within the Subdivision or any right, title or interest therein, expressly grants to and vests in the Association (i) the right and power to bring all actions against each Owner, personally for the collection of all delinquent assessments as a debt; (ii) the right and power to foreclose the Association's continuing lien for assessments by all methods available DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 19 2024 - 2024000059606 05/17/2024 03:45 PM Page 21 of 79 for the enforcement of a mortgage, deed of trust or any other contractual lien, including foreclosure by an action brought in the name of the Association either judicially or non-judicially by power of sale; and (iii) a continuing power of sale in connection with the non-judicial foreclosure of the Association's continuing lien 1 assessments as herein provided. The foregoing is subject to applicable provisions of Section 5.09.1; (b) The Board or the then President of the Association may appoint, in writing, at any time and from time to time, an officer, agent, trustee, or attorney of the Association (the "Trustee") to exercise the power of sale on behalf of and as the agent of the Association, including without limitation to deliver and file the notices required by Section 51.002 of the Texas Property Code (as amended), and to

power of sale on behalf of and as the agent of the Association, including without limitation to deliver and file the notices required by Section 51.002 of the Texas Property Code (as amended), and to conduct the sale and to otherwise comply with said statute. The Board or the then President of the Association may, at any time and from time to time, remove any such Trustee and appoint a successor or substitute Trustee without further formality than an appointment and designation in writing Except as otherwise provided by this Declaration, the Association will exercise its power of sale pursuant to Section 51.002 of the Texas Property Code (as amended). The Association has the right and power to bid on any Lot at any foreclosure sale either judicial or non-judicial, and to acquire, hold, lease, mortgage, or convey the same.

Unofficial (c) If directed by the Association to foreclose the Association's continuing lien, Trustee will, either personally or by agent, give notice of the foreclosure sale as required by the Texas Property Code as then in effect, and sell and convey all or part of the applicable property "AS IS", "WHERE IS", and WITH ALL FAULTS" to the highest bidder, subject to prior liens, encumbrances and any other matters of record and without representation or warranty, express or implied, by Trustee of the Association The Association shall indemnify Trustee and hold Trustee harmless from and against all costs, expenses, and liabilities incurred by Trustee for acting in the execution or enforcement of the Association's lien or otherwise pursuant to this Declaration or other Governing Documents, including indemnification for all court and other costs, and attorney's fees incurred by Trustee

ement of the Association's lien or otherwise pursuant to this Declaration or other Governing Documents, including indemnification for all court and other costs, and attorney's fees incurred by Trustee In defense of any action or proceeding taken against Trustee regarding any of the The filing of suit to collect any sums due hereunder or to foreclose the Association's confirming lien for assessments may never be considered an election so as to preclude exercise of any other rights or remedies, including without limitation foreclosure under power of sale before or after a final judgment. After foreclosure, either judicial or non-judicial, the former Owner and anyone claiming under the former Owner must immediately surrender possession to the purchaser.

If not, the former Owner and anyone claiming under the former Owner will be mere tenants at sufferance of the purchaser, and the purchaser may obtain immediate possession pursuant to any actions or remedies permitted by law, including an action for forcible detainer or eviction to be maintainable by the purchaser.

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 20 2024 - 2024000059606 05/17/2024 03:45 PM Page 22 of 79 (e) Each owner, by acquisition of any Lot within the Subdivision or right, title or interest therein, specifically covenants and stipulates as to each and every Trustee's foreclosure sale that the recitals in any appointment or designation of Trustee, any conveyance by the Trustee and any affidavit of the Trustee or the Association related thereto shall be full proof and evidence of the matters therein stated, that all prerequisites of the foreclosure sale shall be presumed to have been performed, and that the foreclosure sale made under the powers herein granted shall

vidence of the matters therein stated, that all prerequisites of the foreclosure sale shall be presumed to have been performed, and that the foreclosure sale made under the powers herein granted shall be a perpetual bar against the Owner(s) of the Lot(s) sold and their heirs, executors and administrators, successors and assigns, and any Persons whatsoever claiming or to claim thereunder.

(f) The provisions of this Section 5.08.4 are subject to Texas Property Code, Section 209.0092 regarding applications for expedited foreclosure and applicable rules of the Texas Supreme Court regarding the same, effective January 1, 2012. Without limitation of any other provisions of this Declaration or any other Governing Documents, Declarant during the Development Period or the Board at any time are hereby specifically authorized to amend Section 5.08 hereof in any manner it deems necessary or appropriate as regarding or to conform to applicable requirements of the Texas Property Code and/or applicable rules pertaining hereto without the joinder or consent any Owner or any other Person.

Unofficial 5.08.5 Extinguishment of Inferior Liens.

Foreclosure of the Association's continuing lien for assessments terminates, extinguishes and forever discharges all inferior or subordinate liens and encumbrances being all liens and encumbrances except as provided by Section 5.07.5) as to the affected Lot. The foregoing applies to judicial and non-judicial foreclosure of the Association's continuing lien for assessments regardless of whether or not the holder of the inferior or subordinate lien or encumbrance is made a party to or given notice of any proceedings in connection therewith, including without limitation

s regardless of whether or not the holder of the inferior or subordinate lien or encumbrance is made a party to or given notice of any proceedings in connection therewith, including without limitation to the fullest extent permitted by law whether or not made a party to or given notice of any judicial foreclosure suit and any other proceedings in connection therewith.

Miscellaneous Provisions.

5.09.1 Effect of Foreclosure or Bankruptcy. The effect of judicial or non-judicial foreclosure of a hen which is superior to the Association's continuing assessment lien under this Declaration, or acceptance of a deed in lieu thereof and the effect of the discharge of an Owner in bankruptcy is determined as of the date of foreclosure, the date of signing of a deed in lieu which is accepted by the grantee or the date of filing of the bankruptcy in which the Owner is discharged, as the case may be (the "Discharge Date"). Foreclosure or acceptance of a deed in lieu as aforesaid does not relieve the former Owner from the personal obligation for payment of assessments due as of the Discharge Date, but does release the Association's continuing assessment lien as to and only as to assessments due prior to the Discharge Date. The purchaser at foreclosure or grantee under a deed in lieu and an Owner discharged in bankruptcy are also relieved from any obligation for payment DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 21 2024 - 2024000059606 05/17/2024 03:45 PM Page 23 of 79 of assessments due prior to the Discharge Date, but are obligated to pay all assessments assessed or assessable from and after the Discharge Date and the Association's continuing assessment lien fully secures payment of said assessments. For purposes of the foregoing

o pay all assessments assessed or assessable from and after the Discharge Date and the Association's continuing assessment lien fully secures payment of said assessments. For purposes of the foregoing "assessments assessed or assessable" means (i) prorated regular annual assessments based on the number of months remaining in the calendar year in which the Discharge Date occurs regardless of whether the applicable regular annual assessment is payable in advance annually, semi-annually or quarterly, and (ii) any installments for special of specific assessments so payable which become due after the Discharge Date 5.09.2 Revival of Assessment Lien. The Association's assessment lien is automatically revived as to any Owner who reacquires ownership the applicable Lot within Subdivision within two (2) years after the Discharge Date (as defined in the immediately preceding Section) to the same effect as if none of the events causing the Discharge Date to occur had occurred if ownership is reacquired from the purchaser at foreclosure, the grantee under the deed in lieu of foreclosure, or any successor in title to such purchaser or grantee and the reacquisition of ownership constitutes fraudulent transfer under Chapter 24 of the Texas Business and Commerce Code of under any other state or federal statutes or laws.

5.09.3 No Merger. The Association's assessment lien is not, by merger or otherwise, extinguished or otherwise effected by acquisition of ownership of a Lot at any time and in any manner by the Association except as otherwise expressly agreed in writing by the Association.

Unofficial 5.09.4 Assessments as independent Covenant. The obligation to pay assessments is a separate and independent covenant and contractual obligation on the part of each

iting by the Association.

Unofficial 5.09.4 Assessments as independent Covenant. The obligation to pay assessments is a separate and independent covenant and contractual obligation on the part of each Owner. No offset, credit, waiver, diminution or abatement may be claimed by any Owner to avoid or diminish the obligation for payment of assessments for any reason, including, by way of illustration but not limitation (i) by nonuse of any Community Properties or abandonment of a Lot, (ii) by reason of any alleged actions or failure to act by Declarant, the Association, the ACC, or any of their Related Parties, whether or not required under this Declaration or other Governing Documents, (iii) for inconvenience or discomfort arising from the making of repairs or improvements which may be or are the responsibility of Declarant the Association, the ACC, or any of their Related. Parties, or (iv) by reason of any action taken by Declarant, the Association, the ACC, or any of their Related Parties, to comply with any law, ordinance, or any order or directive of any governmental authority, or pursuant to any judgment or order of a court of competent jurisdiction.

Declarant Authority and Exemption as to Assessments. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS DECLARATION OR ANY OTHER GOVERNING DOCUMENTS, ALL PROVISIONS SET FORTH IN EXHIBIT A HERETO APPLY REGARDING DECLARANT'S AUTHORITY AND EXEMPTIONS AS TO ASSESSMENTS.

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 22 2024 - 2024000059606 05/17/2024 03:45 PM Page 24 of 79 Article VI Maintenance; Casualty Losses 6.01 Association Maintenance Responsibilities.

6.01.1 General. The Association will ensure the continuous and perpetual maintenance, repair and replacement of the Community Properties, including all

s 6.01 Association Maintenance Responsibilities.

6.01.1 General. The Association will ensure the continuous and perpetual maintenance, repair and replacement of the Community Properties, including all Subdivision Facilities, and keep same in good repair. This maintenance includes without limitation, maintenance, repair, and replacement of all landscaping and improvements situated on the Community Properties. The Association shall establish and maintain a reserve fund out of the Regular Assessments relating to the obligations set forth in this Section.

6.01.2 Other Facilities or Services. The Association shall maintain such other properties, real or personal, and such other facilities, services and improvements as may be required by governmental authorities, any municipal utility districts or other utility providers, any special tax and development districts, and any other similar entities, such maintenance to be accordance with applicable contracts, agreements, ordinances, rules, regulations and decisions of such authorities Declarant is specifically authorized to enter any such contracts or agreements on behalf of the Association, and to bind the Association thereto, and Declarant may amend this Declaration at any time either during or after the Development Period to the extent it deems necessary by reason of any such contract or agreement.

Jnofficial 6.01.3 Access; Cooperation. Each Owner must afford to the Association and its Related Parties access upon, above, under and across the Owner's Lot and otherwise fully cooperate with the Association and its Related Parties to the fullest extent reasonably necessary for any maintenance, repair reconstruction or replacement by the Association as

ot and otherwise fully cooperate with the Association and its Related Parties to the fullest extent reasonably necessary for any maintenance, repair reconstruction or replacement by the Association as permitted or required by this Article, this Declaration or any other Governing Documents.

Without limitation of the foregoing, each Owner must promptly comply with all decisions and directives of the Board of Directors as to access and as to all other aspects reasonably necessary for the Association to promptly and properly perform any such maintenance, repair, reconstruction or replacement.

6.01.4 Liability for Costs. Each Owner, their tenants, and their respective Related Parties are expressly prohibited from doing anything which could or does cause damage to or increase costs of operation, management, maintenance, repair or replacement obligations regarding the Community Properties, or any other areas maintained by the Association.

Regardless of availability of insurance coverage, the Board may charge to each responsible Owner, as a specific assessment, all increased costs of operation, management, maintenance, repair or replacement and all other damages resulting, directly or indirectly, from the acts or omissions of an Owner, their tenants, or their respective Related Parties in violation of the foregoing provisions.

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 23 2024 - 2024000059606 05/17/2024 03:45 PM Page 25 of 79 6.01.5 Offsite Drainage and Detention Easements. As part of the Community Properties, the Association shall maintain at its cost and expense, collectively, any onsite and offsite drainage areas, storm water runoff areas, detention ponds, retention ponds,

rt of the Community Properties, the Association shall maintain at its cost and expense, collectively, any onsite and offsite drainage areas, storm water runoff areas, detention ponds, retention ponds, channels, and other similar areas, structures, and facilities located within the Easements as may be required to be built or constructed in connection with the development and construction of any Phase of the Subdivision; provided, however, that such improvements or areas are not located within a public right-of-way or any publicly dedicated street, facility, or other area. When the context so requires, the term Offsite Drainage and Detention Easements shall mean and include the offsite Drainage Easement and the offsite Detention Easement located adjacent to Block C, adjacent to the limits of this addition, as depicted on, and described in the Drainage Easement Statement and the Detention Area Easement Statement, of the Final Plat of Hazelwood South Addition.

6.02 Owner Maintenance Responsibilities.

6.02.1 General. Except for maintenance which is provided by the Association, all maintenance of each Lot and all improvements thereon is the sole responsibility of the owner thereof. Each Owner must maintain their Lot and all improvements thereon at all times in such manner as to obtain and maintain Prevailing Community Standards on a continuing basis as maybe more specifically determined by by this Declaration and other Governing Documents, including as determined from time to time by duly adopted Architectural Guidelines and Rule and Regulations. MAINTENANCE WHICH AFFECTS THE EXTERIOR APPEARANCE OF A RESIDENCE OR GARAGE IS SUBJECT TO APPLICABLE PROVISIONS OF ARTICLE IV REGARDING ARCHITECTURAL CONTROL COMMITTEE APPROVAL.

Unofficial

Regulations. MAINTENANCE WHICH AFFECTS THE EXTERIOR APPEARANCE OF A RESIDENCE OR GARAGE IS SUBJECT TO APPLICABLE PROVISIONS OF ARTICLE IV REGARDING ARCHITECTURAL CONTROL COMMITTEE APPROVAL.

Unofficial 6.02.2 Residences and Other Improvements. Each Owner shall maintain the exterior of each Owner's residence, garage, and all other buildings, structures, fences, walls, recreational equipment and improvements located upon each Owner's Lot, in an attractive, sound and well maintained condition, including proper maintenance and repair as needed of paint, staining, bricks siding, roofs, exterior walls, driveways, parking areas and all other exterior portions of the Owner's residence and garage and any Lot Fencing.

Without limitation of the foregoing, each Owner shall provide proper repair and maintenance as and when needed as follows (the term "residence" includes garage, as applicable): The exterior paint on each Owner's residence must be maintained so that no portion thereof peels, scales or cracks excessively, and all painted portions remain neat and free of mildew and discoloration. NO CHANGE IN THE EXTERIOR COLOR SCHEME OR SHEEN OF THE PAINT OF A RESIDENCE AS ORIGINALLY CONSTRUCTED (INCLUDING AS TO THE ORIGINAL PAINT COLOR OR COLORS USED, OR THE CONFIGURATION OF THE COLORS, OR THE SHEEN OF THE COLOR) OR THE STAIN COLOR OF ANY LOT FENCING IS PERMITTED WITHOUT PRIOR WRITTEN APPROVAL FROM THE ACC.

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 24 2024 - 2024000059606 05/17/2024 03:45 PM Page 26 of 79 The windows must be maintained so that no caulking thereon is chipped or cracked and no window panes are cracked or broken.

(b) (c) All exterior doors, including garage doors, must be maintained,

f 79 The windows must be maintained so that no caulking thereon is chipped or cracked and no window panes are cracked or broken.

(b) (c) All exterior doors, including garage doors, must be maintained, repaired, replaced and/or repainted as needed to prevent an unkempt or unsightly appearance, to prevent leaning or listing, and such as to maintain same in proper working condition, including replacement as needed of damaged or dented garage door panels and any cracked or broken glass in any door.

(d) The exterior woodwork on each Owner's residence, and all windowsills, door jams and thresholds, framing, hinges, latches and locks, must be maintained so that it remains whole, sound, neat and fully operational.

(e) The roof on each Owner's residence must be maintained to prevent sagging, to prevent leaks, so that all shingles are properly secured, curled or damaged shingles are replaced and no worn areas or holes are permitted to remain, and such that the structural integrity and exterior appearance of the roof is maintained. The appearance of the foof shall not be changed by any such maintenance without the express written approval of the ACC.

Unofficial (f) The rain gutters and downspouts on each Owner's residence, if any, must be maintained so that all are properly painted or treated to prevent rust and corrosion, are properly secured to roof, eaves, gables or exterior walls (as the case maybe), are maintained without holes, and are promptly repaired or replaced if dented or otherwise damaged.

All concrete areas on each Owner's Lot, including sidewalks and driveway, must be maintained so that all cracks are appropriately patched or surfaced and expansion joints are maintained, repaired or replaced as needed, and

each Owner's Lot, including sidewalks and driveway, must be maintained so that all cracks are appropriately patched or surfaced and expansion joints are maintained, repaired or replaced as needed, and all such areas must be kept free of weeds, grass or other vegetation.

A Lot Fencing and living hedges located on each Owner's Lot, if any must be maintained as provided in Section 8.06.

All recreational equipment, which may be installed if and only if approved by the Architectural Control Committee, must be maintained to prevent any unsightly or unkempt condition, including for example but without limitation, proper maintenance of swing sets to prevent rust and corrosion.

(j) No Owner or their tenant will allow any condition to exist or fail or neglect to provide any maintenance which adversely affects any adjoining or adjacent Lot, any Community Properties, or any improvements on any such Lot or the Community Properties.

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 25 2024 - 2024000059606 05/17/2024 03:45 PM Page 27 of 79 6.02.3 Duplex Residence Repairs. Each side of a duplex residence within the same duplex residence will be maintained with an eye towards uniformity and architectural harmony, including the following: (a) The exterior of each side of a duplex residence must be maintained and repaired in a manner that is consistent for the entire duplex residence of which it is part.

(b) If an Owner desires to upgrade a component of the extenor, such as replacing aluminum windows with wood windows the decision to change a standard component of the duplex residence must be approved by the Owners of the same duplex residence, in addition to the ACC.

(c) Unless a change of component has been approved, repairs,

to change a standard component of the duplex residence must be approved by the Owners of the same duplex residence, in addition to the ACC.

(c) Unless a change of component has been approved, repairs, replacement, and additions to the exteriors of a duplex residence must conform to the original construction. For example, if the duplex residence was constructed with bronze colored window frames, replacement windows with white frames may not be used unless white frames have been approved as the new standard for the duplex residence. Similarly, the siding on one duplex residences may not be replaced with wood while another is replaced with vinyl or cement fiberboard.

Unofficial 6.02.4 Duplex Residence Foundation. Each Owner of a side of a duplex residence constructed on a Lot is solely responsible for the maintenance and repair of the foundation for its duplex residence. However, if a licensed structural engineer determines that the failure to repair the foundation under one side of a duplex residence may adversely affect the other side of the duplex residence, then the cost of the foundation repair will be divided between the Owners of the duplex residence and the Owner of each side of the duplex residence will pay an equal share. If an Owner fails or refuses to pay its share of costs of repair of the foundation, the Owner advancing monies has a right to file a claim of lien for the monies advanced in the county's real property records, and has the right to foreclose the lien as if it were a mechanic's lien. The right of an Owner to contribution from another Owner under this Section is appurtenant to the land and passes to the Owner's successors 6.02.5 Roofs of Duplex Residences. If a roofing professional determines that the

r to contribution from another Owner under this Section is appurtenant to the land and passes to the Owner's successors 6.02.5 Roofs of Duplex Residences. If a roofing professional determines that the failure to repair the structural components of the roof of one side of a duplex residence may adversely affect the other side of the duplex residence of which it is part, then the cost of the structural roof work will be divided between the Owners of the duplex residence, and the Owners of the duplex residence will pay an equal share. If an Owner fails or refuses to pay its share of costs of repair of the roof, the Owner advancing monies has a right to file claim of lien for the monies advanced in the county's real property records, and has the right to foreclose the lien as if it were a mechanic's lien. The right of an Owner to contribution from another Owner under this Section is appurtenant to the land and passes to the Owner's successors in title. Should an Owner fail to maintain its side of the duplex residence and portions of the roof or roof attachments in a satisfactory manner and damages DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 26 2024 - 2024000059606 05/17/2024 03:45 PM Page 28 of 79 affect other side of the duplex residence, the Owner responsible may be held solely liable for the damages and repairs for the other side of the duplex residence. The Association reserves the right to call out a roofing professional to inspect the damages and render an opinion as to the cause of any rooftop damages prior to initiating repairs. If the roofing professional finds that the cause of damages are the direct result of an Owners failure to maintain structural components of the roof as required within any section of

itiating repairs. If the roofing professional finds that the cause of damages are the direct result of an Owners failure to maintain structural components of the roof as required within any section of this Declaration or if an Owner has installed an unauthorized apparatus of any kind which is determined to be the cause of any such damages, the Association shall provide to the Owner in writing a copy of the roofing professionals findings and the Owner shall be solely liable for the costs of all repairs to its unit or the other side of the duplex residence.

6.02.6 Duplex Residence Cooperation. Each Owner of a duplex residence will endeavor to cooperate with the Owners of the other side of a duplex residence to affect the purposes and intent of the two preceding sections on foundations and roofs If the Owners of a duplex residence cannot cooperate, they may ask the Association to coordinate the required repairs.

6.02.7 Duplex Residence Maintenance. Each Owner, at the Owner's expense, must maintain all improvements on the Lot, including but not limited to its side of a duplex residence, fences, sidewalks, and driveways, except any area designated as a Common Property Maintenance includes preventative maintenance, repair as needed, and replacement as needed. Each Owner is expected to maintain its Lot's improvements at a level, to a standard, and with an appearance that is commensurate with the Subdivision.

Specifically, each Owner must repair and replace worn, rotten, deteriorated, and unattractive materials with like materials and color, and must regularly repaint all painted surfaces.

Unofficial 6.02.8 Party Wals. Party shall be subject to the following: Encroachments and Easement. If the Party Wall is incorrectly

aterials and color, and must regularly repaint all painted surfaces.

Unofficial 6.02.8 Party Wals. Party shall be subject to the following: Encroachments and Easement. If the Party Wall is incorrectly located on a duplex residence Lot due to an error in construction, the Party Wall is Nevertheless deemed to be on the dividing line for purposes of this Section. Each duplex residence sharing a Party Wall is subject to an easement for the existence and continuance of any encroachment by the Party Wall as a result of construction, repair, shifting, settlement, or movement in any portion of the Party Wall, so that the encroachment may remain undisturbed as long as the Party Wall stands. Each duplex residence Lot is subject to a reciprocal easement for the maintenance, repair, replacement, or reconstruction of the Party Wall.

(b) Right to Repair. If the Party Wall is damaged or destroyed from any cause, the Owner of either side of a duplex residence may repair or rebuild the Party Wall to its previous condition, and the Owners of the affected duplex residence, their successors and assigns, have the right to the full use of the repaired or rebuilt Party Wall.

DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 27 2024 - 2024000059606 05/17/2024 03:45 PM Page 29 of 79 (c) Maintenance Costs. The Owners of a duplex residence will share equally the costs of repair, reconstruction, or replacement of the Party Wall subject to the right of one Owner to call for larger contribution from the other under any rule of law regarding liability for negligence or willful acts or omissions. If an Owner is responsible for damage to or destruction of the Party Wall, that Owner will bear the entire cost of repair, reconstruction, or replacement. If an Owner fails

willful acts or omissions. If an Owner is responsible for damage to or destruction of the Party Wall, that Owner will bear the entire cost of repair, reconstruction, or replacement. If an Owner fails or refuses to pay his share of costs of repair or replacement of the Party Wall, the Owner advancing monies has a right to file a claim of lien for the monies advanced in the county's Real Property Records, and has the right to foreclose the lien as if it were a mechanic's lien. The right of an Owner to contribution from another Owner under this Section is appurtenant to the land and passes to the Owner's successors in title.

(d) Alterations. The Owner of a duplex residence sharing a Party Wall may not cut openings in the Party Wall or alter or change the Party Wall in any manner that affects the use, condition or appearance of the Party Wall to the adjoining side of the duplex residence. Unless both Owners reach a mutual decision to the contrary, the Party Wall will always remain in the same location as where initially erected.

Unofficial 6.02.9 Utilities. The Owner of each Lot must maintain, in proper working order and on a continuing basis, and must properly repair and replace as needed all sanitary sewer lines and facilities, drainage of storm water lines and facilities, water pipelines, water sprinkler system, water meters and related water lines and facilities, electrical and gas lines, meters and facilities, telephone and any other telecommunication lines, devices or facilities, and all other facilities, utilities and services which service each Lot (the "Owner Utilities"), regardless of the location of the Owner Utilities, save and except to the extent the Association is expressly required by this Declaration to provide such maintenance or

h Lot (the "Owner Utilities"), regardless of the location of the Owner Utilities, save and except to the extent the Association is expressly required by this Declaration to provide such maintenance or to the extent maintenance of any Owner Utilities is provided and actually performed by any governmental entity or utility company. Utilities which service more than one Lot must be maintained, repaired and replaced by all of the Owners of the multiple Lots served, pro rata, or in such other proportions as determined by the Board upon written request when the circumstances clearly demonstrate that a different manner of allocation is required. The Association may provide maintenance, repair and/or replacement regarding any Owner Utilities to the extent and in such manner as from time to time determined by the Board, but all costs thereof shall be specifically assessed to the applicable Owner(s). UTILITY LINES, DEVICES AND RELATED FACILITIES FOR OWNER UTILITIES WHICH SERVICE EACH LOT MAY BE LOCATED UPON MULTIPLE LOTS AND/OR COMMUNITY PROPERTIES BY OR WITH THE CONSENT OF DECLARANT DURING THE DEVELOPMENT PERIOD OR THE BOARD THEREAFTER. ALL SUCH UTILITY LINES, DEVICES AND RELATED FACILITIES ARE DEEMED TO BE A PART OF THE OWNER UTILITIES FOR THE APPLICABLE LOT OR LOTS SERVICED BY SAME. SUBJECT TO APPLICABLE PROVISIONS OF SECTION 9.03 REGARDING NOTICE, DURATION, USAGE AND RESTORATION, EACH LOT DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS - Page 28 2024 - 2024000059606 05/17/2024 03:45 PM Page 30 of 79 AND THE COMMUNITY PROPERTIES ARE SUBJECT TO BLANKET EASEMENTS FOR PURPOSES OF CONTINUING MAINTENANCE OF ALL SUCH UTILITY LINES, DEVICES AND RELATED FACILITIES, INCLUDING "A/C UNITS" AND AS OTHERWISE PROVIDED IN SECTION 9.05, FOR MAINTENANCE, REPAIR

KET EASEMENTS FOR PURPOSES OF CONTINUING MAINTENANCE OF ALL SUCH UTILITY LINES, DEVICES AND RELATED FACILITIES, INCLUDING "A/C UNITS" AND AS OTHERWISE PROVIDED IN SECTION 9.05, FOR MAINTENANCE, REPAIR RECONSTRUCTION AND REPLACEMENT OF SAME BY THE APPLICABLE OWNER AND SUCH OWNER'S RELATED PARTIES.

6.02.10 Landscaping and Lawn Maintenance.

(a) All grass, shrubbery, trees, flower beds, vegetation and all other landscaping, either natural or artificial, on each Lot which is not maintained by the Association must be maintained at all times in accordance with the seasons as reasonably necessary to obtain and maintain on a consistent and continuing basis Prevailing Community Standards, including as reasonably necessary to maintain on a consistent and continuing basis a sanitary, healthful and attractive condition and appearance and to eliminate any condition which may create any unsanitary condition or become a harborage for rodents, vermin or other pests. IN ANY CASE WHERE A LOT IS LOCATED ADJACENT TO A STREET BUT THE LOT LINE DOES NOT EXTEND TO THE STREET CURB, THE OWNER SHALL MAINTAIN ALL LANDSCAPING DETWEEN THE OWNER'S LOT LINE AND THE STREET CURB UNLESS AND ONLY TO THE EXTENT THE ASSOCIATION IS OTHER VISE REQUIRED HEREBY OR THE BOARD OTHERWISE ELECTS TO MAINTAIN ANY SUCH AREA.

Unofficial In addition to the foregoing, the Association shall be responsible for mowing only the front lawn of each duplex residence Lot; provided, however, the Association shall not be responsible for mowing the front lawn of any single family residence Lot. An Owner of a single family residence lot shall be responsible for mowing its lawn and not the Association.

6.02.11 Annual Observations and Maintenance. Without limitation of an Owner's

residence Lot. An Owner of a single family residence lot shall be responsible for mowing its lawn and not the Association.

6.02.11 Annual Observations and Maintenance. Without limitation of an Owner's obligation for continuing maintenance as otherwise provided herein, each Owner is responsible for conducting at least annual observations and inspections of the Owner's Lot and all improvements thereon to ascertain all maintenance and other work needed to obtain and maintain Prevailing Community Standards, including full compliance with this Section 6.02.11. The observations and inspections must include without limitation (i) foundations and flatworks, (ii) roofs, (iii) all wood works, including window and door frames, and (iv) all guttering, downspouts, grading and all other matters needed to ensure positive drainage from foundations to promote rapid runoff, to avoid collecting ponded water near any structure which could migrate down any soil/foundation interface and to minimize infiltration of water from rain and lawn watering, and to prevent drainage from one Lot to another Lot or to Community Properties. Each Owner must promptly perform all work which each annual observation and inspection indicates is reasonably necessary.

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