Document

Page 1 of 39 D216045177 3/4/2016 3:38 PM = PGS 39 Fee: $168.00 Submitter: CSC ERECORDING SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Records bay fo k & ~ 3 Maiy Loulée’Garcl “bey wee Veo «4. Mary Louise Garcia DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HENDERSON HILLSIDE Roberts El Weinberg Butler Hailey PC 2800 Post Oak Blvd., 57" Floor Houston, TX 77056 Copyright© 2016 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Townhome Declaration may be used only in connection with the Henderson Hillside subdivision and the operation of the Henderson Hillside Owners Association, Inc.

ARTICLE I.

ARTICLE HU.

SECTION 2.01 SECTION 2.02 SECTION 2.03 SECTION 2.04 SECTION 2.05 SECTION 2.06 SECTION 2.07 SECTION 2.08 SECTION 2.09 SECTION 2.10 SECTION 2.11 SECTION 2.12 SECTION 2.13 SECTION 2.14 SECTION 2.15 SECTION 2.16 SECTION 2.17 SECTION 2.18 SECTION 2.19 ARTICLE III.

SECTION 3.01 ARTICLE IV.

SECTION 4.01 SECTION 4.02 SECTION 4.03 SECTION 4.04 ARTICLE V.

SECTION 5.01 SECTION 5.02 SECTION 5.03 SECTION 5.04 SECTION 5.0 ARTICLE VIII.

SECTION 8.01 SECTION 8.02 SECTION 8.03 1.

2.

3.

Page 2 of 39 TABLE OF CONTENTS DEFINITIONG.........ccsccscovscsesessnssssssuusncsscencneucususnsusueneusncusvenceacsesasanssaussasarcauesescanacaracasanassseesvevooss 1 GENERAL RESTRICTIONS, COVENANTS AND CONDITIONS ......c:csccssscsssesesorseavenvvase 3 RESIDENTIAL USE PETS, ANIMALS AND LIVESTOCK ........0::0ce:eseeeeee VEHICLES» PARKING tessscscvsscavennevssrerssvomvasnesrnnereteies NUISANCE; UNSIGHTLY OR UNKEMPT CONDITIONS ........ccccccssseecesesecesseeesseeseseneresseees “PYPEIOF RESIDENG Bie vssveveseveeswcassawaseoacsnata sate wrteaerecvcautea eC eC OT TRT TCC

nesrnnereteies NUISANCE; UNSIGHTLY OR UNKEMPT CONDITIONS ........ccccccssseecesesecesseeesseeseseneresseees “PYPEIOF RESIDENG Bie vssveveseveeswcassawaseoacsnata sate wrteaerecvcautea eC eC OT TRT TCC DRAINAGE EASEMENTS AND DEVICES ........::ccccccesessesessececseececsscsesescceacseesensesensnS TOWNHOME LOT RE-SUBDIVISION OR COMBINATION DISPOSAL OF TRASH OIL. AND! MINING OPERATION vsscesssciscersversscsssassrsesscossseeseverssaveraglevesseNgg Meese TOWNHOME LOT FENCES, WALLS AND HEDGES GENERATOR S bescaseevexsseseessresonmnmrnerrnnmnenennemeneaesrs BASKETBALL GOALS AND BACKBOARDS............EXTERIOR SEASONAL DECORATIONS ........c:c00000 FLAGS AND FLAGPOLES .........:20:ssccsssessceteseeseeeeees SGREENIN G pecs rseeesesmeyeresormenemmemecremmmmeermrereeeee ANTENNAS AND SATELLITE DISH SYST, WINDOW AND DOOR GLASS COVERS.....» WINDOW AIR CONDITIONING UNITS..

ARCHITECTURAL CONTROL; ASSOCIATION MEMBE ASSESSMENTS \ssccsscssssosscsecsorsesssssvessnsccntossnsesnasessscvesstovovesbssrevasaanvasecsavetsesnsssssbesasonsaababeseatecanarée 25 CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS .........sesseseseesesessesens 25 PURPOSE:OR- ASSESSMENTS weersvevevsesovevsvaeivsvcavrcsusevsesiesvasatatacissevaraveTaceereseuitTesCCeN CURIE RTT 25 ANNUAL-ASSESSMEN T scesecevsureveczwssssvessvsawvusecavssiestetswesv teow ee wees ceva eOa Tita TT ESTAR TENRS 25 Page 3 of 39 4.

Proration 26 5.

Levying of the Assessment.

26 SECTION 8.04 SPECIAL ASSESSMENTS .27 SECTION 8.05 COLLECTION AND REMEDIES FOR ASSESSMENTS .27 SECTION 8.06 SUBORDINATION OF THE LIEN TO PURCHASE MONEY MORTGAGES.

.29 SECTION 8.07 NOTICE OF DELINQUENCY .29 ARTICLE IX.

INSURANCE AND CASUALTY LOSSES.

29 SECTION 9.01 INSURANCE SECTION 9.02 CASUALTY LOSSES ARTICLE X.

MODIFICATION AND TERMINATION OF COVENANTS

GAGES.

.29 SECTION 8.07 NOTICE OF DELINQUENCY .29 ARTICLE IX.

INSURANCE AND CASUALTY LOSSES.

29 SECTION 9.01 INSURANCE SECTION 9.02 CASUALTY LOSSES ARTICLE X.

MODIFICATION AND TERMINATION OF COVENANTS SECTION 10.01 DECLARANT.

SECTION 10.02 OWNERS.

ARTICLE XI.

LIMITATION OF LIABILITY ARTICLE XII.

GENERAL PROVISIONS SECTION 12.01 SEVERABILITY SECTION 12.02 COMPLIANCE WITH LAWS SECTION 12.03 GOVERNING LAW SECTION 12.04 FINES FOR VIOLATIONS SECTION 12.05 NOTICES SECTION 12.06 SECURITY SECTION 12.07 OCCUPANTS BOUND.

SECTION 12.08 BOOKS AND RECORDS Unofficial Copy.

.29 .29 32 32 32 32 32 .32 .32 33 33 ii Page 4 of 39 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR HENDERSON HILLSIDE This Declaration of Covenants, Conditions and Restrictions for Henderson Hillside (“Townhome Declaration”) is made on the date hereinafter set forth by Texas InTownHomes, LLC, a Texas limited liability company (the “Declarant").

WITNESSETH: D214089647 (the “Plat”) in the Plat Records of Tarrant County, Texas “Henderson Hillside”, which term shall include additional land as samg Townhome Declaration to create and administer Townhomes (defined below).

Townhome Lots and improvements const to the provisions of this Townhome Decla used, a and mater or other, beTed subject to the covenants, conditions, after set forth, which shall run with the title ortion of the real property now or hereafter made al representatives, successors, successors-in-title, and ARTICLE I. DEFINITIONS the Context shall prohibit, the following words used in this Townhome Declaration sha € wieanings set forth below: (a) "Association" means Henderson Hillside Owners Association, Inc., a nonprofit Texas corporation, its successors, replacements and/or assigns.

s Townhome Declaration sha € wieanings set forth below: (a) "Association" means Henderson Hillside Owners Association, Inc., a nonprofit Texas corporation, its successors, replacements and/or assigns.

(b) "Board" or "Board of Directors" means the Board of Directors of Henderson Hillside Owners Association, Inc.

(c) "Bylaws" means the Bylaws of Henderson Hillside Owners Association, Inc.

Page 5 of 39 (d) | “Common Area” means all real property owned in fee or held in easement, lease, or license by the Association for the common use and/or enjoyment of the Owners and shall include areas designated by the Declarant to be conveyed by deed or easement to the Association.

(e) "Declarant" means Texas InTownHomes, LLC, a Texas limited liability company, its successors and/or assigns.

(f) “Dedicatory Instruments” means each document governing the eg maintenance and operation of the Subdivision, including but not Townhome Declaration, Bylaws, Certificate of Formatjen, instruments governing the administration or operation of the A (g) "Development Period" means the period of ti to facilitate the development, construction an ararit reserves the right f the Subdivision or the rights shall be vested in the Declaran of the Subdivision or until Declarant rights.

(h) “Occupant” means oe ts, lessees, guests, and invitees of any jl Declafamtfio longer owns any portion s or relinquishes all of its retained Townhome or Townhome Le Subdivision for any period of time.

(i) Jey, whether one or more Persons, of the fee simple uding, however, any Person holding such interest e performance or satisfaction of any obligation.

(j) g atural person, as well as a corporation, joint venture, Por limited), association, trust, or other legal entity.

any Person holding such interest e performance or satisfaction of any obligation.

(j) g atural person, as well as a corporation, joint venture, Por limited), association, trust, or other legal entity.

(k) famone an e plat of Field’s Hillside Addition filed under Clerk’s File No.

‘ft d O ] 89647 in the Plat Records of Tarrant County, Texas ( Ss ivision” means the Henderson Hillside Subdivision located in Tarrant ounty, Texas. As of the date of this Townhome Declaration, the Subdivision is ore particularly described in the Plat. The Subdivision may be supplemented as additional land is annexed into the Subdivision by the recording of an Annexation Agreement or Supplemental Amendment.

(m) “Townhome” means a single family residential dwelling constructed on a Townhome Lot; which dwelling may have one (1) or two (2) internal party walls as referenced herein, with one or two immediately adjoining Townhomes. Unless otherwise indicated by context, “Townhome” shall include the Townhome Lot on which the Townhome is located.

Page 6 of 39 (n) “Townhome Lots” means the following Lots: Lots 3-R1-1 through 3-R1-11 in Block X, as shown on the Plat.

ARTICLE IT. GENERAL RESTRICTIONS, COVENANTS AND CONDITIONS SECTION 2.01 Residential Use 2.01.1 General. Townhomes shall be used exclusively for single-family resid gntial purposes. The term “single-family” as used herein shall refer not only to the archite¢tiral de of the Townhome but also to the permitted number of inhabitants, which shall beth would occupy less than the entire Townhome.

It is permitted for Owners to lease a Townho Yi and improvements comprising the Townhome. Lé Ome for residential purposes shall not be considered a “business”, provided that the r and any other Owners with whom ease more than one Townhome at

nho Yi and improvements comprising the Townhome. Lé Ome for residential purposes shall not be considered a “business”, provided that the r and any other Owners with whom ease more than one Townhome at igtion or an institutional lender from atgclosure of its security interest in the oreclosure. “Leasing” for purposes of this a a Townhome by any person other than the any time. This provision shall not pred leasing a Townhome upon taking title fo Townhome or upon acceptance of a deedet Owner, for which the Owner retefyes 2 as}deration or benefit, including, but not limited to, a fee, service, gratuity, or ¢ action or portion of any Townhome may be leased All leases must be in wri Optain such terms as the Board may prescribe from time to time. All leases shall p they may be terminated in the event of a violation of the Townhome Declaration.p sdicatory Instruments by an Occupant or Occupant’s family, and the Board, in its so may require termination by the Owner and eviction of the Occupant in such eve asing a Townhome shall not relieve the Owner of such Townhome from bighee ign to’ comply with this Townhome Declaration or the Dedicatory improyeme ocated thereon, even though such business, professional, commercial or urthig use be subordinate or incident to use of the premises as a residence, and regardless of whether or not done for profit or remuneration. Notwithstanding the foregoing, a single family residence may be used for maintenance of a personal professional library, keeping of personal or professional records or accounts, or handling personal business or professional telephone calls, or for maintenance of one home office, but if and only if such business activity (i) does not involve use of any part of the applicable Townhome Lot, or residence or other

rofessional telephone calls, or for maintenance of one home office, but if and only if such business activity (i) does not involve use of any part of the applicable Townhome Lot, or residence or other building or improvement thereon, by any Person other than the Owner or the Owner's tenant (but not both), no on-site employees are otherwise permitted, and the public is not invited, permitted Page 7 of 39 or allowed to enter the Townhome Lot to conduct any business thereon, (ii) is not detectable by sight, sound or smell from outside the Townhome, and there is no other external evidence thereof (including signs, advertising, or contacts in person at the Townhome with clients or customers), (iii) does not involve the storage of any equipment, materials or devices other than as consistent with operation of a small home office, and in all events which are not hazardous and do not constitute any type of threat to health or safety or other nuisance, (iv) complies with all applicable governmental ordinances (including zoning ordinances), and with any other governmental laws, rules, regulations and permitting or licensing requirements applipable to the sole discretion of the Board, and (vi) and does not constitute a nuisance, or a Ka offensive use, or threaten the security or safety of other residents of the Subdivi collectively as an “Incidental Business Use.” At no time may 4 increased parking or traffic within the Subdivision. Any incy€gse Subdivision as a result of an Incidental Business Use shall fbe e be a violation of this Townhome Declaration. A day-care facility, home day-care faci ch, nursery, pre-school, beauty parlor, or barber shop or other similar facility } occupation, work or activity undertaken provision of goods for or to persons other t

are facility, home day-care faci ch, nursery, pre-school, beauty parlor, or barber shop or other similar facility } occupation, work or activity undertaken provision of goods for or to persons other t such a is engaged i in full or part- -ti pi otwithstanding the above, the leasing of a siness within the meaning of this Section. This ed by the Declarant, or by a builder with approval evzlopment and sale of property within the Subdivision.

Section does not apply to a of the Declarant, with regp¢ Garage sales, attic sales, } conducted on any Towph therefore prohibited.

regarding such sales!

ovation may, but is not required to, adopt rules and regulations standing anything contained herein to the contrary, estate sales are atation the term "residential use" shall be construed to prohibit the use of any apartment houses or other type of dwelling designed for multi-family dwelling, or use fd ation of a boarding or rooming house or residence for transients, short-term leases (leases a term of less than ninety (90) days), or the use of any permitted outbuilding as an apartment or residential living quarters.

2.01.4 Single Family. No Townhome may be occupied by more than one single family. By way of illustration, the following is an example of an approved single family: Page 8 of 39 RESIDENT 1 AND RESIDENT 2 RESIDE IN TOWNHOME.

Additional approved residents are: a) children of either or both residents; b) no more than a total of 2 parents of the residents; ¢) one unrelated person; and d) one household employee.

Without limitation of the foregoing, "single family" does not includé household groups such as persons living together while attending an educationg as college), lodgers or boarders, or any other similar temporary or transient living,

g, "single family" does not includé household groups such as persons living together while attending an educationg as college), lodgers or boarders, or any other similar temporary or transient living, may a single family residence be occupied by more persons tha of bona fide bedrooms contained in the single family reside of bona fide bedrooms is based on the single family residende 4 additional bedroom(s) which may thereafter be added which' the Board as herein provided for such use, if any.

y Constructed, plus any specifically approved by 2.01.6 Limitation. Jt is not the intent of Sectte Lot any individual who is authorized to so remai this provision is in violation of any lat e restrictive as possible to preserve as much of 2.01.4 to exclude from a Townhome be or federal law. If it is found that ision shall be interpreted to be as rovision as allowed by law.

SECTION 2.02 Pets, ani a ivesto No animals, hogs, ho sfeptiles, fish or poultry of any kind may be raised, me Lot at any time except "Permitted Pets" which are dogs, cats and other usuala ary household pets. Not more than two Permitted Pets are allowed per Townhomes ermitted Pets may be raised, bred, kept or maintained for x Subject te Section 2.04, the foregoing limitation on the number of Permitted Pets does Gre to hamsters, small birds, fish or other similar usual and customary ish which are continuously kept completely within a residence, nor eNhe removal of any litter born to a Permitted Pet prior to the time that the av Permitted Pets and shall not be allowed within any residence, upon any or at any other place within the Subdivision: (i) any dog whose breed is known any occasion has exhibited its viciousness or ill temper, in particular, the American

owed within any residence, upon any or at any other place within the Subdivision: (i) any dog whose breed is known any occasion has exhibited its viciousness or ill temper, in particular, the American e Terrier, known as a "Pit Bull Terrier”, and (ii) any animal of any kind that has venom or poisonous or capture mechanisms, or if let loose would constitute vermin. All Permitted Pets must be kept on a leash or carried, and must otherwise be maintained under the control of their Owner when outside the Owner's residence or when not maintained in an enclosed yard from which the Permitted Pet cannot escape.

Page 9 of 39 Notwithstanding anything contained herein to the contrary, if, in the sole discretion of the Board, any pet endangers the health, makes objectionable noise, or constitutes a nuisance or inconvenience to the Owners of Townhomes, it shall be removed upon request of the Board. If the owner fails to honor such request, the pet may be removed at the direction of the Board.

SECTION 2.03 Vehicles; Parking 2.03.1 Prohibited Vehicles; Covers Prohibited. No boat, mobile home, trailer,Aoat or vehicle, inoperable vehicle of any kind (including any vehicle requiring same wh have both a current and valid license plate and current and valid state inspections over-sized vehicle, and no unsightly vehicle or vehicle (including without linn a within the Subdivision, including without limitation upon a any other part of any Townhome Lot, unless such vehicle is stored comp vehicle" means any vehicle which exceeds in size six feet sk six inches (7'6") in width, and/or twenty-one feet ( 2.03.2 Prohibited Parking - General.

otherwise permitted to remain at any ti Townhome Lot or any other place within tke parking of vehicles, or (ii) in a slan parking space being used, or

y-one feet ( 2.03.2 Prohibited Parking - General.

otherwise permitted to remain at any ti Townhome Lot or any other place within tke parking of vehicles, or (ii) in a slan parking space being used, or street access or usage, or i street or common drive.

Townhome Lot of anothe r as to obstruct or impede sidewalk, driveway or any part of the vehicle extends into any part of any OKresident is permitted to park or store any vehicle on the ident.

2.03.3 Streef Paxkik Obstruction Prohibited. Except for temporary parking as hereafter provided, Condi of any type may be parked or stored at any time upon any street nDdivision. No object, thing or devise shall be placed, stored or maintained gt and no activities are permitted thereon which would impede or impair street solely for purposes of pedestrian and vehicular ingress and egress.

2.03.4 Temporary Parking. Temporary parking upon the street is permitted by occupant vehicles, guests and invitees, and by pick-up or delivery services, but solely for purposes of loading and unloading of passengers and cargo, and subject to applicable ordinances and laws (such as prohibitions against parking in fire lanes, or in such manner as to block entry to or exit from the Subdivision). "Temporary" means only for so long a period of time as is Page 10 of 39 reasonably necessary to complete loading, unloading, pick-up or delivery, with such activity commenced promptly after the vehicle is parked and completed promptly after commencement.

2.03.5 Responsibilities of Owners and Tenants. Owners and their tenants must obtain full compliance with the provisions of this Section 2.03 in its entirety by their respective related parties, and each is jointly and severally liable for all violations by their respective related parties.

ompliance with the provisions of this Section 2.03 in its entirety by their respective related parties, and each is jointly and severally liable for all violations by their respective related parties.

STRICTLY LIMITED TO PARKING WITHIN THE GARAGE OF TH TOWNHOME LOT. PARKING ON AREA STREETS MAY ALSO B UNAVAILABLE. GARAGES MAY NOT BE OF SUFFICIENT SIX PARKING THEREIN OF THE SAME NUMBER OF LARGE CUSTOMARY DESCRIPTION OF THE GARAGE. FOR GARAGE" MAY NOT BE OF SUFFICIENT SIZE TO P RMIT | TWO LARGE SEDANS, TWO "SUV'S" OR TWO O LIMITATIONS AS TO AVAILABLE PARKING UPON ¥ ELSEWHERE WITHIN THE SUBDIVISION, WITNU AREA, OR AS TO GARAGE SIZE, SHALL NOT CONSTITUTE A‘R ANY APPLICABLE RESTRICTIONS SET FOBT OCCUPANT ASSUMES ALL RISKS LIMITATIONS.

SECTION 2.04 Nuisance; Unsig mpt Conditions 2.04.1 General. It js development of any unclege Townhome Lot. No Tow sightly, or unkempt condition on such Owner's be used, in whole or in part, for the storage of any St conditions, including without limitation the assembly or on motor vehicles or other mechanical devices, may be performed efe may not be maintained any plants, animals, devices, thing, use or ich in any way is noxious, dangerous, unsightly, unpleasant, or of a at will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive trade or activity may be carried on upon any Townhome Lot, nor may anything be done thereon tending to cause embarrassment, discomfort, annoyance, or a nuisance to any residents of the Subdivision or to any Person using any property adjacent to the Townhome Lot. No spirituous, vinous, malt, medicated bitters, alcohol, drugs or other intoxicants may be sold or offered for sale on any part of any Townhome Lot or any other Page 11 of 39

cent to the Townhome Lot. No spirituous, vinous, malt, medicated bitters, alcohol, drugs or other intoxicants may be sold or offered for sale on any part of any Townhome Lot or any other Page 11 of 39 place within the Subdivision. No Townhome Lot or any part thereof may be used for any immoral or illegal purposes.

2.04.3 Pollutants: Hazardous Materials. Without limitation of any other provisions of this Section, no Owner or tenant, and related parties of either, shall dump grass clippings, leaves or other debris, detergents, petroleum products, fertilizers, or other pollutants or potentially hazardous or toxic substances, in any sewer system, water system, drainage ditch, stream, pond or lake within the Subdivision, or do anything or maintain or permit any condition in vio}éti of gasoline, heating or other fuels, or of any hazardous or toxic materials upon an¥ Lot is strictly prohibited (except that up to five gallons of fuel may be stored upé 2.04.4 Sound Devices: Excessive Noise. No exterio sound device shall be located, placed or used upon No stereo, television, speaker, horn, whistle, bell or other sound emitting activity (such as practice of a.ba similar activities) shall be conducted within a audible from inside of any closed adjacent or areg re Townhome Lot lines of the Townhome Lot q the applicable residence, garage or other structure is located, or which is otherwise“4ilankoyarice or nuisance to any other residents.

mitedVfo remain on each Townhome Lot. Without limitation of the foregoing, the t term on ily residence" shall be construed to prohibit garage apartments, 5 anyother multi-family dwelling. The foregoing shall not be construed as Ing construction of one (1) Townhome upon each Townhome Lot in

ly residence" shall be construed to prohibit garage apartments, 5 anyother multi-family dwelling. The foregoing shall not be construed as Ing construction of one (1) Townhome upon each Townhome Lot in minimunrof three hundred fifty (350) square feet of interior floor space. GARAGES MAY NOT BE OF SUFFICIENT SIZE TO PERMIT PARKING THEREIN OF TWO LARGE VEHICLES SUCH AS TWO SUV'S. ANY SUCH LACK OF PARKING SIZE SHALL NOT BE A BASIS FOR EXEMPTION FROM APPLICABLE PARKING RESTRICTIONS. The garage must be architecturally similar and compatible to the appurtenant residence, including as to roof line and appearance. Except for porte-cocheres, carports on Townhome Lots are prohibited. All garages must be enclosed with permanent wails and their fronts enclosed with standard type overhead Page 12 of 39 doors customarily used in the building industry which garage doors must be maintained in good working order at all times. ANY REPLACEMENT GARAGE DOOR MUST BE OF EQUAL OR BETTER QUALITY AND SUBSTANTIALLY THE SAME DESIGN AS THE GARAGE DOOR FOR THE GARAGE AS ORIGINALLY CONSTRUCTED, AND MUST BE PAINTED TO MATCH THE COLOR SCHEME OF THE RESIDENCE AS ORIGINALLY CONSTRUCTED OR A SUBSEQUENT COLOR SCHEME WHICH HAS BEEN APPROVED IN WRITING BY THE BOARD. Except for interior modifications of a garage wholly consistent with its use as a garage and which do not alter the use or exterior appearance\of the 2.05.3 Prohibited Homes and Structures. No tent, shack, structure of a temporary nature shall be placed upon any To d Subdivision. Manufactured homes, industrialized homes, ind on site are not permitted on any Townhome Lot. No resid moved from another location to any Townhome Lot wi arant (and any builder so authorized by Declarant) is hereby specifi Z o excavate as necessary for and to establish,

ed on any Townhome Lot. No resid moved from another location to any Townhome Lot wi arant (and any builder so authorized by Declarant) is hereby specifi Z o excavate as necessary for and to establish, construct and maintain drainage ese 6sion control systems and such other things and Subdivision, including any and control water drainagé and erosion. All Drainage Devices shall remain unobstructed, and ed pro rata by all of the Owners to which same pertains. Each Owner itting any construction, grading and any other work, act or activity upon ome Lot which would obstruct, alter, divert, impede or impair the proper any Drainage Device. In addition, each Owner must perform such work, act or prevent, sofar as practical, drainage from the Owner's Townhome Lot to any other Townhome Lot, other than drainage along established swales and along drainage patterns as established during initial construction, and (ii) as needed to maintain, so far as practical, positive drainage away from the foundation of the residence located upon the Owner's Townhome Lot. Without limitation of the foregoing, no Owner may place or permit placement of any flower bed or other landscaping, or any other structure or thing along or near any Townhome Lot line which would Page 13 of 39 obstruct, alter, divert, impede, or impair drainage along any Townhome Lot line within any swale or otherwise within drainage patterns as established during initial construction.

SECTION 2.07 Townhome Lot Re-subdivision or Combination Unless approved by Declarant in writing, no Townhome Lot as originally conveyed by Declarant to any Person, including a builder, may thereafter be subdivided or combined with any Townhome Lot, or the boundaries thereof otherwise changed.

SECTION 2.08 Disposal of Trash

ly conveyed by Declarant to any Person, including a builder, may thereafter be subdivided or combined with any Townhome Lot, or the boundaries thereof otherwise changed.

SECTION 2.08 Disposal of Trash placed in an area adequately screened by planting or fencing except when placed for regular pickup as herein provided.

condition, and shall comply with all applicable governmental laws and regulations. All such Townhome Lot at regular intervals if not re sanitation service. Trash and garbage for «i or areas as the Board may from time to tim® service or provider (e.g. public ora priye required by a garbage and sanitgtion s¢ Owner of one Townhome Lo Z receptacles therefor and af éwnhome Lot; provided, trash and garbage shall ) hours prior to a scheduled pickup day and all ash and garbage shall be removed from the pickup site ion, "sign" means and includes any billboards, posters, banners, srovisions hereafter set forth), pennants, displays, symbols, advertising accordarice’ with Section 3.01; provided that each Owner is permitted to place upon (and only upon) such Owner's Townhome Lot: (a) For Sale/Lease Signs. one (1) professionally prepared and printed sign not exceeding 2’x3” in area, advertising the particular Townhome Lot on which the sign is located for sale or for lease, but only during the periods of time when the Townhome Lot is in fact for sale or lease.

Page 14 of 39 (b) Security Signs/Stickers. Signs or stickers provided to an Owner by a commercial security or alarm company providing service to the Townhome shall be permitted so long as the sign is not more than 8” x 8” or the sticker is no more than 4” x 4”. There shall be no more than one sign and no more than six (6) stickers located on the windows or doors. Stickers shall also be

the sign is not more than 8” x 8” or the sticker is no more than 4” x 4”. There shall be no more than one sign and no more than six (6) stickers located on the windows or doors. Stickers shall also be permitted upon windows and doors for a “Child Find” program or a similar program sponsored by a local police and/or local fire department.

(c) School Spirit Signs. Signs containing information about one or m residing in the Townhome and the school they attend shall (d) Political Signs. Signs as permitted by but g Section 202.009 of the Texas Property Coé All signs and emblems within the Subdivisionmay be ss by the Board.

oguidelines promulgated SECTION 2.10 Oil and Mining Operatiop No gas or oil drilling, gas or oil devé operations of any kind shall be permj tunnels, mineral excavations or ae e gine ferations, oil refining, quarry or mining Hé Subdivision, nor shall oil wells, tanks, pon or in the Subdivision.

SECTION 2.11 Towylom , Walls and Hedges 2.11.1 Definitions and freestanding fence ip this Section (i) "Lot Fencing" means any and all fences excluding, however, any perimeter fencing which is included in (ii) "Hedges" means a row of bushes, shrubs and similar plants | exceed three feet (3') in height and have sufficiently dense foliage which, at naturaf matin as to prese and physical barrier substantially similar to a fence.

proval Required. Except as installed by or with the approval of Declarant, no ay be constructed, placed or maintained on any Townhome Lot without prior writtdy al of the Board obtained in accordance with Section 3.01.

2.11.3 General Requirements. Except as hereafter provided regarding perimeter fencing, and except as instalied by or with the approval of Declarant or unless otherwise

in accordance with Section 3.01.

2.11.3 General Requirements. Except as hereafter provided regarding perimeter fencing, and except as instalied by or with the approval of Declarant or unless otherwise approved in writing by the Board obtained in accordance with Section 3.01, all Lot Fencing must comply with the following: (a) No Lot Fencing may be more than six feet (6’) in height.

1] Page 15 of 39 (b) All Lot Fencing (other than Hedges) must be constructed of redwood or cedar vertical pickets with treated pine (or equivalent) post and supports, or ornamental wrought iron, brick or masonry, or combinations thereof, or composite materials which substantially simulate the appearance of the foregoing, as approved by the Board obtained in accordance with Section 3.01.

(c) NO CHAIN LINK TYPE FENCING OF ANY TYPE IS PERMIT ANY TOWNHOME LOT.

2.11.4 Ownership and Maintenance. Ownership of all Lot Fencing pgs the Townhome Lot. All Lot Fencing must be continuously maintained in a condition, in a neat and attractive condition, in 2 Ee repair and otherwise 2g replacement as required to prevent rot or decay, end any 0 deterioration. Lot Fencing which has been defaced with } restored to its prior condition within 72 hours of su STAINING OF WOODEN FENCES IS PROHIBI BY THE BOARD OBTAINED IN ACCORDAN!

repair or replacement of Lot Fencing ee r es responsibility of, and the costs thereof s ed equally by, the adjoining Owners.

Otherwise, all such maintenance, oe ént shall be the responsibility of, and at the sole cost of, the Owner upon otvfe Lot the Lot Fencing is located. ONCE INSTALLED, THE LOCA INISH, APPEARANCE AND ALL OTHER FEATURES OF LOT FE T BE MODIFIED OR CHANGED WITHOUT PRIOR WRITTEN APP BOARD OBTAINED IN ACCORDANCE WITH SECTION 3.01.

S,

ot Fencing is located. ONCE INSTALLED, THE LOCA INISH, APPEARANCE AND ALL OTHER FEATURES OF LOT FE T BE MODIFIED OR CHANGED WITHOUT PRIOR WRITTEN APP BOARD OBTAINED IN ACCORDANCE WITH SECTION 3.01.

S, placement, and other characteristics of standby electric generators within i all be subject to any applicable guidelines, rules or policies adopted by SECTION 2.12 Basketball Goals and Backboards asketball goal, net and/or backboard may be kept, placed or mounted upon any Lot or kept, placed, attached or mounted to any fence or Dwelling without prior written approval by the Board. All basketball goals and/or backboards are subject to guidelines as to type, location, and hours of use. All basketball goals and/or backboards shall at all times be maintained and kept in good condition. If any basketball goal, net and/or backboard is placed within the Subdivision in violation of the Dedicatory Instruments, the Association or its agents shall be Page 16 of 39 authorized to exercise its Self Help remedy, as set forth in this Townhome Declaration, to bring the Owner’s Townhome Lot into compliance with this provision.

SECTION 2.14 Exterior Seasonal Decorations The display of exterior seasonal decorations, by way of illustration but not limited to lights, banners, flags, wreaths, shall be subject to reasonable rules and regulations, if any, promulgated by the Board. Such rules may address the appearance and length of time of such seasonal decorations are placed, or remain, within the Subdivision in violation of thé Instruments, the Board or its agents shall be authorized to exercise its Self Help xe the Owner’s Lot into compliance with this provision.

SECTION 2.15 Flags and Flagpoles The size, number, and placement of flagpoles, and’ the Alispla ags within the

horized to exercise its Self Help xe the Owner’s Lot into compliance with this provision.

SECTION 2.15 Flags and Flagpoles The size, number, and placement of flagpoles, and’ the Alispla ags within the Subdivision, shall be subject to any applicable guidelines, ru i The Declarant, by promulgating this Section Ag not atte or federal law. This Section shall be interpreted ge as restrictive as possible while not violating any laws of the State of Texas and/or the Uni SECTION 2.16 Screening © SY Subdivision shall permit the keeping of rash, storage tanks, or like equipment within the i e or hazard in the sole discretion of the Board.

iners, antennas to the extent reasonably possible in or like equipment, shall not be kept in public view and No Owner or Occupant of any in height. Added screening must also be provided to shield ipment from grade view from adjacent Townhomes or Common e screened so that they are not visible from the street and as may be A combination of trees, Hedges, shrubs or fences should be used as abject to prior written Board approval. Any such screening installed must be 4 clean and neat manner at all times, and may not detract from the appearance of SECTION 2.17 Antennas and Satellite Dish Systems 2.17.1 General Rule. No exterior antennas, aerials, satellite dishes, or other apparatus for the reception of television, radio, satellite or other signals of any kind shall be placed, allowed, or maintained upon any portion of the Subdivision, including any Townhome Lot, which is visible from any street, Common Area or other Townhome Lot unless it is impossible to Page 17 of 39 receive signals from another location. In that event the receiving device may be placed in a

hich is visible from any street, Common Area or other Townhome Lot unless it is impossible to Page 17 of 39 receive signals from another location. In that event the receiving device may be placed in a visible location as approved by the Board. The Board may require as much screening as possible while not substantially interfering with reception. No satellite dishes shall be permitted which are larger than one (1) meter in diameter. No exterior antennas, aerials, satellite dishes, or other apparatus shall be permitted which transmit television, radio, satellite or other signals of any kind shall be placed, allowed, or maintained upon any portion of the property. This Section does not constitute an attempt to violate the Telecommunications Act of 1996 (the “1996 Act”), as same may be amended from time to time. This Section shall be interpreted to be as restri possible while not violating the 1996 Act.

aerial, satellite dish, or other apparatus (of any size) for communication system for the benefit of all or any portion o system or systems require such exterior apparatus.

2.17.2 Prohibited Antenna. In no event she ("CB") radio, amateur ("HAM") radio, A are prohibited and shall not be erected, plac: any improvement located on any Towztior limitation as to the authority o pravft variances as provided herein, the Board is specifically authorized to (b any event be required to) grant variances as to prohibited antenna, and the Bodra>tna difion granting of any such variance upon placement of the applicable antenna SECTION 2.18 ix ad Door Glass Covers during origina iriction“except as otherwise approved by the Board as provided in Section 3.01. Gla (ancksitwilar tinting, and aluminum foil and similar reflective materials, are in all

or Glass Covers during origina iriction“except as otherwise approved by the Board as provided in Section 3.01. Gla (ancksitwilar tinting, and aluminum foil and similar reflective materials, are in all events prolibitedNor WSe as a cover for any window or door; provided, factory tinted glass may bg fhe Board as provided in Section 3.01. Only blinds, curtains or drapes with bats grial which is white, light beige, cream, light tan or light gray, and blinds or miniblindsof game color, are permitted, unless otherwise approved by the Board as provided in Section 3-61. No other window treatment color may be visible from the exterior of any residence or other improvement. Temporary or disposable coverings, including sheets, newspapers, shower curtains, fabric not sewn into finished curtains or draperies, other paper, plastic, cardboard, or other materials not expressly made or commonly used by the general public for permanent window coverings, are expressly prohibited.

Page 18 of 39 SECTION 2.19 Window Air Conditioning Units No window or wall type air conditioners shall be permitted to be used, placed or maintained on or in any building on the Townhome Lots. All livings areas within a Townhome, including any room additions, must be centrally air-conditioned, unless otherwise approved by the Board.

ARTICLE IIL. ARCHITECTURAL CONTROL SECTION 3.01 Architectural Control; Variances 3.01.1 Approval. No building, structure or other improvement mg location of the building, structure or other improvements have writing by the Board as to (i) compliance with this Tg compatibility with surrounding aesthetics, appeara harmony and compatibility with surrounding building 3.01.2 Variances.

variances from compliance Instruments, unless specifical] y“authorized representative, may authorize

rrounding aesthetics, appeara harmony and compatibility with surrounding building 3.01.2 Variances.

variances from compliance Instruments, unless specifical] y“authorized representative, may authorize chitectural provisions of the Dedicatory Ading restrictions upon height, size, placement of umstances such as topography, natural obstruction, ynsiderations may require. Such variances must be OTaS 2. a of the covenants, cd eo) or restrictions contained in the Dedicatory Instruments shall be ] ed ; grantingaof nce shall not operate to waive any of the terms and provisions of the Dedicata sents for any purpose except as to the particular provision hereof covered by thg pall it affect in any way the Owner’s obligation to comply with all applicable 2 ws and regulations te-Granting of a variance shall be relied on by any Member or Owner, or any other person or entity (whether privy or party to the subject variance or not), as a precedent in requesting or assuming variance as to any other matter of potential or actual enforcement of any provision of the Dedicatory Instruments. Action of the Board in granting or denying a variance is a decision based expressly on one unique set of circumstances and need not be duplicated for any other request by any party or the same party for any reason whatsoever.

Page 19 of 39 Notwithstanding anything contained herein to the contrary, during the Development Period, the Declarant shall have the unilateral right to grant a variance of any of the covenants, conditions and restrictions contained herein so long as the variance is in keeping with the aesthetics of the Subdivision.

ARTICLE IV. ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 4.01 Membership The sole criteria to become a member of the Association is to hold title to g

eping with the aesthetics of the Subdivision.

ARTICLE IV. ASSOCIATION MEMBERSHIP AND VOTING RIGHTS Section 4.01 Membership The sole criteria to become a member of the Association is to hold title to g Lot. This is not to imply that any holder of a mere security interest (such as holder of any other lien against property) would be a member, unless that hold interest foreclosed and thereby became the Owner of the Townhome pes appurtenant to and runs with the land. Membership is not severable ag cannot be separately conveyed to any party or entity.

All duties and obligations set forth in this Townhonf of each member. No waiver of use of rights of enjo Section 4.02 Voting Rights Ww must vote in agreement (under any o case shall such multiple Owners cast portions f Class B members) attributable to any single its manner (i.e. all Owners of the Townhome Lot for, or Multiple Owners of any,sing jas/“A. member’s voting rights shall be based on the number of Townhome Lots and shall be determined as follows: One (1) vote shall be granted to Class A members for each Townhome Lot owned.

2. Class B Membership Class B members shall include the Declarant and such Owners as the Declarant may, in its sole discretion, confer Class B membership status upon. Declarant shall be entitled to Page 20 of 39 three (3) times the total number of votes allocated to Class A Members. The Declarant’s Class B Membership shall terminate upon the earliest to occur of the following: a. When Declarant no longer owns any real property within the Subdivision; or b. Such time as Declarant, in its sole discretion, so determines, provided however, that Declarant may assign its rights in whole or in part, permayent or temporary, at any time.

Section 4.03 Right to Appoint/Elect Board of Directors Q ey not Tater

n, so determines, provided however, that Declarant may assign its rights in whole or in part, permayent or temporary, at any time.

Section 4.03 Right to Appoint/Elect Board of Directors Q ey not Tater Declarant shall retain the authority to appoint all members of the Bd to appoint the remaining two-thirds (2/3) of the member Declarant no longer owns any portion of the prope assign to the Association its authority to appoint s Board, with such assignment evidenced by an instru: Tarrant County, Texas.

Upon termination of Declarant’s autkori QO, oint two-thirds (2/3) of the members of the Board, any remaining Class B memb all be cohverted to Class A members and elections shall be held to elect the membe who must be members of the Association) pursuant to the provisions of théNZ¢ ormation and the Bylaws of the Association. In ursuant to the above provisions, and thereafter urisdiction of the Association, which results in the additional property is a Declarant owning propert & Subdivision, only Declarant’s Class B membership shall be restored (no other prevjo Sgighdted Class B membership shall be restored), until it again terminates as specified e. Notwithstanding anything contained herein to the contrary, the Declarant may ags yporarily or permanently, all or a portion of its rights as Declarant ingProcedures and Class B members shall exercise their votes as set out in the Bylaws.

ARTICLE V. DEED RESTRICTION ENFORCEMENT Section 5.01. Authority to Enforce The Board has the authority, without the obligation, to promulgate, amend, cancel, limit, create exceptions to, and enforce reasonable rules, policies, and guidelines, including but not limited to rules and policies concerning the administration of the Subdivision, the enforcement of

imit, create exceptions to, and enforce reasonable rules, policies, and guidelines, including but not limited to rules and policies concerning the administration of the Subdivision, the enforcement of the Dedicatory Instruments, the use and enjoyment of the Subdivision, limitations on the use of Page 21 of 39 the Common Area, establishing and setting the amount of fines for violations of the Dedicatory Instruments and all fees and costs generated in the enforcement of the Dedicatory Instruments.

Such rules, policies, and guidelines shall be binding upon all Owners and Occupants. The rights and remedies contained in this Article are cumulative and supplement all other rights of enforcement under applicable law.

Section 5.02 Attorney’s Fees and Fines opportunity to be heard as may be required by §209 of the Texas Property Code, as amended, the Association has the right to collect attorney’s fees and/or fines as s entitled to the recovery of its reasonable and necessary attorney’s fees in any litigation brought by or against it.

Section 5.03 Remedies Every Owner and Occupant shall comp jth all provisions of the Dedicatory Instruments. Failure to comply shall be grounds for 2 ‘ Association. In akdiion, the Board ha covenants, conditions and restrictions contaz the use, maintenance, repair replaceme may avail itself of any and all r ¢ tori, and appearance of the Subdivision, and the Dedicatory Instruments and local, state g/contained herein to the contrary, the Board shall have no duty, legal or oth de e“legal or other proceedings on behalf of or in the Board’s discretion. litaving the generality of the foregoing sentence, the Board may determine that, unde (11) Ithough a technical violation may exist or may have occurred, it is not of such a

in the Board’s discretion. litaving the generality of the foregoing sentence, the Board may determine that, unde (11) Ithough a technical violation may exist or may have occurred, it is not of such a aterial nature as to be objectionable to a reasonable person or to justify expending the Association’s resources; or (iii) that it is not in the Association’s best interests, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action.

Such decision shall not be construed a waiver of the Association’s right to enforce such provision at a later time under other circumstances or preclude the Association from enforcing any Dedicatory Instrument.

Page 22 of 39 Section 5.04 Enforcement by Owners Each Owner is empowered to enforce the covenants, conditions and restrictions contained in the Dedicatory Instruments; provided, however, no Owner shall have the right to enforce the lien rights retained in the Dedicatory Instruments in favor of the Association and/or other rights, regarding assessments, fines, or other charges retained by the Association.

Section 5.05 Self Help “Self Help” shall mean the authority, but not the obligation, of the A approval of not less than a majority of the Board members, to enter upon a Help remedy, the Association shall not be subject to any damages in connection with or arising from such exercise o Association or its agent be liable for any accounting or other or in any way shall the h action.

The Association shall have the right, but not’ Lot for emergency, security, and safety reasons, a compliance with the Dedicatory Instruments, officers, agents, employees, managers, gbligation, to enter into any Townhome inspect for the purpose of ensuring equired by law, 110% of any costs incurred by the

nce with the Dedicatory Instruments, officers, agents, employees, managers, gbligation, to enter into any Townhome inspect for the purpose of ensuring equired by law, 110% of any costs incurred by the p remedy shall be the personal obligation of the Owner , ude by way of illustration and not limitation, the actual costs gnd an administrative fee set by the Board, may be charged to the ARTICLE VI. COMMON AREA endments or Supplemental Amendments thereto, shall be responsible for the exclusive management and control of the Common Area and all improvements thereon and shall keep it in good, clean, attractive and sanitary condition. No Member may appropriate any portion of the Common Area or any improvement thereon for his or her own exclusive use. Any Member or his or her guests, family or invitees that cause damage to the Common Area shall be financially responsible for said damage. The cost of repair, if not timely paid by the Member (subject to any notice that may be required by law), shall be assessed against the Member’s Townhome Lot and secured by the continuing lien set forth in this Townhome Declaration.

19 Page 23 of 39 The Declarant, and its designees, may transfer or convey at any time to the Association interests in real or personal property within or for the benefit of the Subdivision, and the Association is hereby obligated to accept such transfers and conveyances, even if such transfer or conveyance occurs after the termination of the Development Period. Such property may be improved or unimproved and may consist of fee simple title, easements, leases, licenses, or other real or personal property interests. Real property transferred to the Association by the Declarant,

be improved or unimproved and may consist of fee simple title, easements, leases, licenses, or other real or personal property interests. Real property transferred to the Association by the Declarant, or its designees, may be transferred via a deed without warranty; provided, however, the pfoperty the Declarant’s written request, the Association shall reconvey to the Declarant an real property that the Declarant originally conveyed to the Association for no extent conveyed in error or needed to make minor adjustments in property ling changes in the development plan.

ARTICLE VII.

Section 7.01 Owners’ Maintenance Obligatiogs Each Owner shall maintain and k structures, parking areas and other improves forward of the building line improvements designed to be become faded, cracked, flak the fenced portions on eaq the same in a neat and atts include, but are not limite s foWowing: repair his or her Townhome and all Mficluding driveway and its apron portion ownhome Lot. All structures and other gept painted and the paint may not be allowed to du‘any manner. Grass, vegetation and weeds within pt shall be cut as often as may be necessary to maintain Dwner of each Townhome must maintain in proper working order, All sanitary sewer lines and facilities, water pipelines, Townhome 7.01.2 Party Walls, Roofs, Foundations (a) General Rules of Law to Apply Each wall built as a part of the original construction of a Townhome which shall serve and separate any two (2) adjoining Townhomes shall constitute a party wall and, to the 20 Page 24 of 39 extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.

(b) Sharing of Repair and Maintenance

this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.

(b) Sharing of Repair and Maintenance The cost of reasonable maintenance, repair and replacement of all or any portion of a party wall shall be shared by the Owners served by the party wall in equal proportjens.

(c) Damage and Destruction such damage is not covered by insurance and repaired out of the any Owner served by the party wall may restore it, and the served by the party wall shall thereafter contribute to the equal proportions without prejudice, however, to the yf a larger contribution from the others under any negligent or willful acts or omissions.

(d) | Weatherproofing Notwithstanding any other provision of n Owner who by his negligent or willful act causes any party wall t(De exposedyo the elements shall bear the whole cost of furnishing the necessary protectiox Townhome caused by such exposeff appurtenant to the assigns.

Shmigles, the underlay beneath the shingles, the decking materials, the flashing and any guttering attached to the roofing eves. The responsibility to maintain, repair, or replace any insulation, trusses, beams or any portion of the structure supporting the roof for a particular Townhome shall be the responsibility of the Owner of the respective Townhome requiring maintenance, repair or replacement of such items.

21 Page 25 of 39 7.01.3 Shared Side Townhome Lot Line Easement. Owners of adjoining Townhomes sharing a common side Townhome Lot line shall have a reciprocal right of ingress to and egress from the adjoining Townhome Lot upon which the adjoining Townhome is located. The foregoing right of each Townhome Lot Owner shall be limited to only areas that are five (5’) feet

ngress to and egress from the adjoining Townhome Lot upon which the adjoining Townhome is located. The foregoing right of each Townhome Lot Owner shall be limited to only areas that are five (5’) feet in width upon each adjoining Townhome Lot, running parallel to and contiguous with the entire shared side Townhome Lot line, and shall be further limited to the purposes of construction of the Townhome, maintenance, repair and upkeep as is reasonably necessary for said Owner’s Townhome, and for emergency ingress and egress in the event of an emergency. Said water flowing naturally from the eaves of said Owner’s Townhome onto the adja land.

successors, and assigns forever, to-wit: (i) The Townhome Lot Owner using the existing condition, any fencing, landscaping her items On the adjoining Townhome Lot that s/he may disturb during constructio i Or maintenance, save and except as set out below in subsection (ii).

and unobstructed, unless the Easeme ély being utilized and any items removed must be replaced.

(ii) | The Townhome Lot Owner Ne dSement must leave the Easement clean dsing the Easement must notify the adjoining t to do any construction, repair or maintenance within ed shall be between 8:00 a.m. and 5:00 p.m., Monday . through 6:00 p.m. on Saturday, and noon through 6:00 p.m.

ownhome or occupants, a Townhome Owner may enter the Easement at tyne necessary and without prior notice to the Owner of the adjoining Owners of adjoining Townhomes that have a shared side Townhome Lot line shall have the right of surface drainage over, along and upon the Easement area. Neither Owner shall use the Easement area in such a manner as will interfere with such drainage.

(v) No structure shall be constructed or placed upon the Easement area by either

pon the Easement area. Neither Owner shall use the Easement area in such a manner as will interfere with such drainage.

(v) No structure shall be constructed or placed upon the Easement area by either Townhome Owner, except the Townhomes and the roof overhang and guttering as provided for above, and any fencing as may set forth in guidelines or approved plans, 22 Page 26 of 39 which allows proper surface drainage. Access to the Easement must be preserved by and for each Owner of the adjoining Townhomes with the shared side Townhome Lot line.

Owners of adjoining Townhomes that have a shared side Townhome Lot line shall have and are hereby granted, a five foot (5°) underground easement, extending five feet (5’) into each respective side building setback line of the adjoining Townhome Lot with said easement being contiguous to the shared side Townhome Lot Line, hereinafter the “Bell Bottom Easement”.

Said underground Bell Bottom Easement shall be used solely for the installation, con: shall control.

7.01.4 Disturbance of the Common Area. In the eyé of any maintenance responsibility requires that any portion/of removed or disturbed, then such Owner must first obtain tht Area be modified, nsent of the Board as to e reasoftable expense of the Owner. If the Association performs the work at the expense of th} Owner, the Board may require a security deposit or advance payment of all of the estima which the Owner must pay upon demand. Such indebtedness will be pu E a, part of the Assessment to which such Owner and the Owner’s Townhome Lot ar€ gibjé secured by the continuing lien hereby established against such Owner’s To 7.02.1 General.

and keep same in good repair, and replacement of™ will maintain, repair and replace the Common Area

ar€ gibjé secured by the continuing lien hereby established against such Owner’s To 7.02.1 General.

and keep same in good repair, and replacement of™ will maintain, repair and replace the Common Area aintenance includes, without limitation, maintenance, ciation will mow, trim, edge and otherwise generally maintain all lawn in the unfenced portions of Townhome Lots. Each Owner must provide | such maintenance by the Association as provided for herein. Any Owner expenstand’ in accordance with all applicable directives of the Board and all other applicable dedicatory instruments. Maintenance by the Association will include general fertilization, and insect and disease control, but will not include any type of treatment or control as to termites, carpenter bees or any similar type of wood infestation or other infestations not specific to ordinary landscape maintenance (such as, for example but without limitation, wasp or bee hives, mice, rats, squirrels or any other type of rodent, vermin or pests). Such maintenance shall also not include any exotic landscaping installed by any Owner (whether or not approved), or any flower beds or similarly landscaped areas or any trees or shrubbery, all of which must be 23 Page 27 of 39 maintained by the Owner of each Townhome Lot, or any other maintenance substantially greater than as generally provided throughout the Subdivision.

(b) Except as provided in subsection (d) below, the obligations of the Association pursuant to this Section are limited to general and routine maintenance of lawn and landscape areas as above provided. Specifically, but without limitation of the foregoing, replacement of any lawn or landscaping, irrigation system and any other improvements upon each Townhome

wn and landscape areas as above provided. Specifically, but without limitation of the foregoing, replacement of any lawn or landscaping, irrigation system and any other improvements upon each Townhome Lot due to disease, freezing, hail, hurricane or any other storm, or due to any other conditions, or which may be caused or necessitated by any other cause or condition is responsibility of the Owner of each Townhome Lot.

(c) The Board has full authority, without joinder or consent of alow other Person, to expand, modify, replace, remove or in any other manner_change.4 guarantee or warrant the viability, type, quality, quanti landscaping within or in the vicinity of the Subdivision, inc any Townhome Lot, and no Owner or other person shall evet the Association or any of its related parties regarding Alirectly d andscaping located upon aim whatsoever against etly, any landscaping.

(d) The Association may replace any la scape area which is located upon a Townhome Lot and which is maintained by clatian, but all costs thereof shall be specifically assessed to the applicable O . ion may also maintain, repair and/or replace such other lawn and landscape area er and to the extent as from time to time approved by the Board, and ma 1 assess all costs thereof to the applicable Owner or Owners. Without lim#atio thér provisions hereof, no landscaping shall be removed from or added to, all be done within any area maintained by the Association which may incxe§s¢ on’s cost of maintenance without the prior written approval of the Board. proved, the Board may specifically assess any such added cost of maintenanceto the rsspansible Owner(s).

7.02.3 Ease perpetual non-exclus ability, Cost and Approval the Association, nor its directors, agents, contractors, or employees shall be

ny such added cost of maintenanceto the rsspansible Owner(s).

7.02.3 Ease perpetual non-exclus ability, Cost and Approval the Association, nor its directors, agents, contractors, or employees shall be liable, are expressly relieved from any liability, for trespass or other tort in connection with the performance of its obligations of maintenance, repair, or replacement, or other work authorized in the Dedicatory Instruments.

24 Page 28 of 39 ARTICLE VIII. ASSESSMENTS Section 8.01 Creation of the Lien and Personal Obligation of Assessments The Owners of any Townhome Lot, by virtue of ownership of a Townhome Lot, covenant and agree to pay to the Association all applicable assessments and any fines, penalties, interest and costs as more particularly set forth in this Townhome Declaration and any other Dedicatory Instrument, including but not limited to the following: 1. Annual Assessments 2s Special Assessments The Annual Assessment, Special Assessment, , any other assessmentar & Conde et férth in this Townhome Derlaeairan or a Dedicatory Instrument Saag \ Aagtosment) upon the Townhome Lot against high each such Assessment \ Back gich Assessment together with attorney’s fees, late fees, interest and costs, sh efsonal obligation of the person or entity who was the Owner of the Townhome e when the Assessment became due. The personal obligation for delinquent Assessments*s ot pass to successors in title unless expressly assumed by them. No dimin or abateftrerit of Assessments or set-off shall be claimed or allowed by reason of any alleged failuke of the Association or Board to take some action or perform some function required te~he wy performed by the Association or the Board under this Townhome Declaratigfty ‘ making of repairs or improvements wh a

Association or Board to take some action or perform some function required te~he wy performed by the Association or the Board under this Townhome Declaratigfty ‘ making of repairs or improvements wh a obligation to pay Assessments is a sep Lot.

gSponsibility of the Association. The the part of each Owner of a Townhome related thereto, purchg sole discretion of the Payment of the Annual Assessment shall be the obligation of each Owner and the Declarant and shall constitute a lien on the Townhome Lot(s), binding and enforceable as provided in this Townhome Declaration.

25 Page 29 of 39 2. Rate The initial Annual Assessment established by the Association shall not exceed One Hundred Fifty and No/100 Dollars ($150.00) per Townhome Lot. The Board shall have the right to require Annual Assessments be paid semi-annually, quarterly or monthly, in advance (rather than annually). Notwithstanding anything contained herein to the contrary, any Townhome Lot being used by the Declarant as a mode! townhome or sales office shall not be subject to any Assessment created herein. Upon conveyance “f such thereafter be subject to all Assessments, obligations, and charges provided Townhome Declaration and as secured by the lien created herein. Decéfa : annually in writing to either subsidize the approved budget for the e year by amount due by Class A Members, or elect to pay assessments a (50%) of the amount assessed other Class A Members far e the elected option. Failure to provide such notice w the manner of the last option taken by Declarant.

Declarant, then Declarant shall be billed the as ever been taken by ween the actual operating 3. Commencement For purposes of calculation, the initia Assessment for a Townhome Lot shall commence on the date of closi

Declarant shall be billed the as ever been taken by ween the actual operating 3. Commencement For purposes of calculation, the initia Assessment for a Townhome Lot shall commence on the date of closi January 1“ for the coming pe delinquent if not paid in full as of January 31° of each year. If NE arterly or semi-annually, Annual Assessments shall be due on the gate 's@p 3 e Board, and shall be delinquent if not paid in full by the 10" day afte e da 4. Proratiop An Owner’s 4 Gal ual Assessment shall be made for the balance of the calendar year {4 pro-rata basis and shall become due and payable on the as dete ec “iG rams ate described above. The Annual Assessment for any year after the first e dwé and payable on the first day of January, unless an alternative due date is Zoard. Any Owner who purchases a Townhome Lot after the first day of 5. Levying of the Assessment The Annual Assessment shall be levied at the sole discretion of the Board. The Board shall determine the sufficiency or insufficiency of the then-current Annual Assessment to reasonably meet the Association’s expenses for the obligations created herein and may, at its sole discretion and without a vote by the members, increase the Annual Assessment in an amount up to ten percent (10%) annually. The Annual Assessment may only be 26 Page 30 of 39 increased by more than ten percent (10%) annually if such increase is approved by members who represent a majority of the votes in the Association present, in person or by proxy, at a meeting called for said purpose at which a quorum is present in person or by proxy. The Annual Assessment may not be adjusted more than once in a calendar year nor may any increase be construed to take effect retroactively, unless otherwise approved

is present in person or by proxy. The Annual Assessment may not be adjusted more than once in a calendar year nor may any increase be construed to take effect retroactively, unless otherwise approved by members representing a majority of the votes subject to such Assessments present, in person or by proxy, at a meeting called for said purpose at which a quorum is present in person or by proxy.

closing of the transfer of title to a Townhome Lot, and impose speci® Owners with a history of delinquent payment.

Section 8.04 Special Assessments In addition to the Annual Assessments authorized 4 } Special Assessment applicable to that year only for the purpose vaying in whole or in part reated héfein, in excess of amounts budgeted therefore, including but not limited to unusui requent expense for the obligations pecial Assessment shall have the ajority of the Class B members present is present. Such Special Assessment authorizing such Special Assessment and eet to the Annual Assessment as set forth in ccordance therewith. The Association, if it so st only those members benefited by or using the s shall be due upon presentment of an invoice, or copy approval of both a majority of the Class Aptes g at a meeting duly called for this purpose at will be due and payable as set forth in shall be levied only against halle nh Assessment, together with attorney’s fees, interest, late fees, and costs, shall the personal obligation of the Owner of the land at the time the Assessment g due. This personal obligation for delinquent Assessments shall not pass to e€Ssors in title unless expressly assumed by them.

2: Any Assessment not paid by the due date set by the Board shall bear interest from the due date at the lesser of (i) eighteen percent (18%) or (ii) the maximum non-usurious

xpressly assumed by them.

2: Any Assessment not paid by the due date set by the Board shall bear interest from the due date at the lesser of (i) eighteen percent (18%) or (ii) the maximum non-usurious rate of interest. No Owner may waive or otherwise escape liability for the Assessments provided for in this Townhome Declaration by reason of non-use or abandonment.

27 Page 31 of 39 3 In order to secure the payment of the Assessments hereby levied, an Assessment lien is hereby reserved in each deed from the Declarant to the Owner of each Townhome Lot, which lien may be foreclosed upon pursuant to the laws of the State of Texas. Each Owner grants a power of sale to the Association to sell such property upon default in payment by any amount owed. Alternatively, the Association may judicially foreclose the lien or maintain an action at law to collect the amount owed.

setting forth notice that delinquent sums are "due the Assoc document is executed and the fact that a lien exists to_securfe However the failure of the Association to execute and re not, to any extent, affect the validity, enforceability, 6. The Association shall also give notice and an Opp y to cure the delinquency to any holder of a lien that is inferior or sub te to the’Association’s lien, for so long as such notice is required by Section 209,0 f the Texas Property Code, or its successor statute.

ged to foreclose its lien provided herein, anrtéd, such foreclosure shall be accomplished 209.0091 and 209.0092 of the Texas Property im gn application for expedited foreclosure under the eur’ of Texas. Notwithstanding anything contained bthat the laws of the State of Texas that require a court ds In the event the Association k and to exercise the power of saleAe pursuant to the requirements of

exas. Notwithstanding anything contained bthat the laws of the State of Texas that require a court ds In the event the Association k and to exercise the power of saleAe pursuant to the requirements of Code by first obtaining kon rules adopted by herein to the contré provided by the then-current laws of the State of Texas, including udicial foreclosure.

Durifig jthe period such foreclosed property is owned by the Association following e¢loégure, (i) no right to vote shall be exercised on its behalf; and, (ii) no Assessment alibe levied on it. Out of the proceeds of such sale, there shall be paid all expenses incurred by the Association in connection with such default, including attorneys’ fees and trustee’s fees; second, from such proceeds there shall be paid to the Association an amount equal to the amount of Assessments in default inclusive of interest, late charges and attorneys’ fees; and, third, the remaining balance, if any, shall be paid to such Owner.

Following any such foreclosure, each occupant of any such Townhome Lot foreclosed on and each occupant of any improvements thereon shall be deemed to be a tenant-atsufferance and may be removed from possession by any lawful means.

28 Page 32 of 39 Section 8.06 Subordination of the Lien to Purchase Money Mortgages The lien for Assessments, including interest, late charges, costs and attorney’s fees, provided for herein shall be subordinate to the lien of any purchase money mortgage on any Townhome Lot. The lien for Assessments, including interest, late charges, costs and attorney’s fees, provided for herein shall be also be subordinate to Declarant’s construction deed of trust.

The sale or transfer of any Townhome Lot shall not affect the Assessment lien. Theale or Section 8.07 Notice of Delinquency

rein shall be also be subordinate to Declarant’s construction deed of trust.

The sale or transfer of any Townhome Lot shall not affect the Assessment lien. Theale or Section 8.07 Notice of Delinquency When the Association or its agent or designee gives 4 any Owner who has not paid an Assessment that is dug notice will be mailed to the Owner’s last known addre shall be presumed to be the address for proper notice been provided by the Owner to the Association.

ARTICLE IX. moe Section 9.01 Insurance itten notice of another address has D CASUALTY LOSSES The Board or its duly Gtghori ent shall have the authority to and shall obtain insurance for all insurablq hat it has the obligation to maintain, repair or replace.

This insurance shall cove amage by fire or other hazards, including extended coverage, vandalism, and malicig nieMand shall be in an amount sufficient to cover the full replacement cost of 9 i econstruction in the event of damage or destruction from any such hazard.

SectionA. as Losses e Owner’s obligation to have repaired or reconstructed any damage or eir Townhome, Townhome Lot, and all improvements thereon. If a Townhome, landscaping, outbuilding or any other improvement located on a Townhome Lot is damaged by fire, stotm;“or any other casualty, the Owner shall bring the affected Townhome Lot and all improvements thereon, as applicable, into compliance with the dedicatory instruments within six (6) months of the date of the casualty, pursuant to the architectural requirements and approval process set forth in the dedicatory instruments. Regarding Townhomes that are totally destroyed due to casualty, the Owner(s) of such Townhomes must have the Townhomes or damaged portions of the Townhomes razed within ninety (90) days of the date of the casualty, and

s that are totally destroyed due to casualty, the Owner(s) of such Townhomes must have the Townhomes or damaged portions of the Townhomes razed within ninety (90) days of the date of the casualty, and replaced within twelve (12) months of the date of the casualty, subject to Board prior written approval. Owner responsibilities and apportionment of costs related to repair or reconstruction 29 Page 33 of 39 of party walls, foundations and roofs shall be dealt with in accordance with the provisions set forth in this Townhome Declaration.

ARTICLE X. MODIFICATION AND TERMINATION OF COVENANTS Section 10.01 Declarant In addition to specific amendment rights granted elsewhere in this Townhome Declaration, until termination of the Development Period, the Declarant may unilateral] this Townhome Declaration for any purpose; provided, however, any such amendmé€ritshalk not adversely affect the title to any Townhome Lots unless the Owner shall copse writing.

to bring any provision hereof into compliance with any app Méntal statute, rule or regulation, or judicial determination; (b) necessary to ehable any} rgputable title insurance ed by an institutional or including, for example, the Federal rtgage Corporation, to enable such e Townhome Lots; (d) necessary (pose ofvelafifying or resolving any ambiguities or y a statements, errors or omissions herein; a adversely affect the title to any Townhome ip’ writing.

governmental lender or purchaser of mortgage National Mortgage Association or Federal Home Lo to enable any governmental agency or re loans on Townhome Lots; or (e) for the p conflicts herein, or correcting any ing provided, however, any such ame E Lots unless the Owner shall cop Any amendment t6 thé e Declaration made by Declarant shall be recorded in the Real Property Record

licts herein, or correcting any ing provided, however, any such ame E Lots unless the Owner shall cop Any amendment t6 thé e Declaration made by Declarant shall be recorded in the Real Property Record with this Townhome De control.

and“any amendment thereto, the more restrictive provision shall Section 10.02 opment Period, this Townhome Declaration may be amended, modified written consent of Declarant and the approval of Owners of a majority of ePeclaration; provided however, any such amendment must be approved in writing by the Association.

Upon approval of the Owners, as set out above of said amended declaration (as evidenced by the President’s or Vice-President’s signature) the amended declaration shall be recorded in the Real Property Records of Tarrant County, Texas, whereupon to the extent of any conflict with this Townhome Declaration and any amendment thereto, the more restrictive provision shall 30 Page 34 of 39 control. For purposes of this Section, the approval of multiple Owners of a Townhome Lot may be reflected by the signature of any one Owner of such Townhome Lot.

Notwithstanding anything contained herein to the contrary, the Association shall be entitled to use any combination of the following methods to obtain approval of the Owners for an amendment to the Townhome Declaration: 1. by written ballot, or electronic ballot as same may be established by the Board, Lots; such notice may be hand-delivered to the Owners,s the Owner’s last known mailing address, as retected ip in or via email to the Owner’s email address 4 records; by the Association; and/or 4. by any other method permitted law. Any limitation of amendme Property shall not limit the Declaration as otherwise here Weclarant pertaining to the Townhome ef, Particularly reserved to the Declarant,

by any other method permitted law. Any limitation of amendme Property shall not limit the Declaration as otherwise here Weclarant pertaining to the Townhome ef, Particularly reserved to the Declarant, ant to designate the use and architectural Or Es ABOVE, SHALL BE LIABLE IN DAMAGES OR OTHERWISE TO SUBMITS MATTERS FOR APPROVAL TO ANY OF THE ABOVFTES, OR TO ANY OWNER AFFECTED BY THIS DECLARATION BY “OR DISAPPROVE ANY MATTERS REQUIRING APPROVAL HEREUNDER.

APPROVAL BY THE BOARD, OR THE ASSOCIATION, OR ANY OF THEIR RESPECTIVE OFFICERS, PARTNERS, DIRECTORS, AGENTS, MANAGERS, SUCCESSORS OR ASSIGNS, IS NOT INTENDED AS ANY KIND OF WARRANTY OR GUARANTEE AS TO THE INTEGRITY OR WORKABILITY OF THE PLANS NOR THE CONTRACTORS USED.

31 Page 35 of 39 ARTICLE XII. GENERAL PROVISIONS Section 12.01 Severability The invalidity of any one or more of the provisions of this Townhome Declaration shall not affect the validity of the other provisions thereof.

Section 12.02 Compliance with Laws At all times, each Owner shall comply with all applicable federal, state, municipal laws, ordinances, rules, and regulations with respect to the use, condition of the Townhome Lot and the improvements thereon. If any pro this Townhome Declaration or any supplemental declaration or amendment’ any law, then the provision shall be interpreted to be as restrictive a much of the original provision as allowed by law.

Section 12.03 Governing Law The provisions in the Dedicatory Instrume accordance with the laws of the State of Texas, and Texas. Any and all obligations performable hereunde Texas.

The Association may a 6 lations of the Dedicatory Instruments or governing documents (as those y ¢d in the Texas Property Code, or any successor

e hereunde Texas.

The Association may a 6 lations of the Dedicatory Instruments or governing documents (as those y ¢d in the Texas Property Code, or any successor inquency in assessments, in amounts to be set by the Board, which fines ¢ 3 by the continuing Assessment lien set out in this Townhome Declaration.

ed to have been properly sent when mailed, postpaid, to the last known who appears as Owner on the records of the Association at the time of such NEITHER THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, NOR THE DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED AN INSURER OR GUARANTOR OF SECURITY WITHIN HENDERSON HILLSIDE. NEITHER SHALL THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR SUCCESSOR DECLARANT BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. ALL OWNERS AND 32 Page 36 of 39 OCCUPANTS OF ANY TOWNHOME LOT, TENANTS, GUESTS AND INVITEES OF ANY OWNER, AS APPLICABLE, ACKNOWLEDGE THAT THE ASSOCIATION, ITS BOARD OF DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR ANY SUCCESSOR DECLARANT DO NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT, HOLD-UP OR OTHERWISE, NOR THAT FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER AND OCCUPANT OF ANY TOWNHO AND EACH TENANT, GUEST AND JINVITEE OF AN OWNER, AS APPLI ACKNOWLEDGES AND UNDERSTANDS THAT THE ASSOCIATION, ITS OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR Alf

R AND OCCUPANT OF ANY TOWNHO AND EACH TENANT, GUEST AND JINVITEE OF AN OWNER, AS APPLI ACKNOWLEDGES AND UNDERSTANDS THAT THE ASSOCIATION, ITS OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR Alf DECLARANT ARE NOT INSURERS AND THAT EACH OWNER AND OC@ P ARRANTIES NOR HAS ANY OWNER, OCCUPANT, TENANT, GUEST OR BE JRELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXP ED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITN OR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE AND/OR BURGLAR AdA YSTEMS OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED OR’ TY MEASURES UNDERTAKEN WITHIN HENDERSON HILLSIDE.

Section 12.07 Occupants Bound \S All provisions of the d SG styuments (as same is defined in the Texas Property x wners, shall also apply to all Occupants. Every mply with the foregoing, and every Owner shall be e¥erally liable and may be sanctioned for any violation. In ayailable to the Association in the event of a violation by an y require that the Occupant be removed from and not be allowed to p and/or that any lease, agreement or permission given allowing the appointment; during normal business hours, be subject to inspection by any Member, pursuant to a Records Production and Copying Policy adopted by the Association.

vy [This space is intentionally left blank. ] 33 Page 37 of 39 IN WITNESS WHEREOF, the undersigned Declarant has executed this Townhome DECLARANT: TEXAS INTOWNHOMES, LLC, a Texas limited liability company By: for fi Printed Name: ; § COUNTY OF HaxvK This instrument was acknowledged before me 2016, by _ oss wong . the Pesta Texas limited liability cOmpany, on behalf o E PHALYCA KONG Notary Public, State of Texcs My Commission Expires July 08, 2018 Page 38 of 39

t was acknowledged before me 2016, by _ oss wong . the Pesta Texas limited liability cOmpany, on behalf o E PHALYCA KONG Notary Public, State of Texcs My Commission Expires July 08, 2018 Page 38 of 39 LIENHOLDER CONSENT AND SUBORDINATION —— Wel tar o Pak MV A state—benkine—eorperation, being the sole beneficiary of a mortgage lien and other liens, assignments and security interests encumbering all or a portion of the Subdivision hereby consents to the terms and provisions of this Declaration of Covenants, Conditions and Restrictions for Henderson Hillside, to which this Lienholder and interests created under the Townhome Declaration, and acknowledges foreclosure of said liens and/or security interests shall not extinguish the 1 interests created under said Townhome Declaration. No warranties of lienholder, lienholder's joinder herein being solely limited to STATEOF “(exGs § 8 COUNTY OF Pallas — § BEFORE ME, the on this day personally appeared Kin Renee fount hes , known by me to be the person whose name is sub a tnd acknowledged to me that s/he executed the same for the purposes lhétp é ad Seal of office, this i day of Maych _. 2016.

Vecbp Ak. brn olo Aly, Notary Public — State of “TRXG GIVEN unde Page 39 of 39 LIENHOLDER CONSENT AND SUBORDINATION “Pank, a state banking corporation, being the sole beneficiary-of a mortgage lien and other liens, assignments and security interests encumbering all or a portion of the Subdivision hereby consents to the terms and provisions of this Declaration of Covenants, Conditions and Restrictions for Henderson Hillside, to which this Lienho{de Consent and Subordination is attached and acknowledges that the execution thereof ge document and any other liens and/or security instruments securing said indebted

n Hillside, to which this Lienho{de Consent and Subordination is attached and acknowledges that the execution thereof ge document and any other liens and/or security instruments securing said indebted and interests created under the Townhome Declaration, and acknowledge STATE OF Ié¥as COUNTY OF \haytS : BEFORE ME. the Eduard Soci Riek Rn person whose itdme is sy 3 the same for the purposes hority, on this day personally appeared . known by me to be the GIVEN undey ra , faa : ae Public — State of 35 RARER PORE ST coma “EBNA CARTER | g g lary cea c a are on EE ILE PETES SETS INTE OT oe