High Grove CCRs Recorded

201600093798 DECLARATION / DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR HIGH GROVE AT WEST KESSLER HEIGHTS.

A RESIDENT/AL SUBDIVISION IN DALLAS COUNTY, TEXAS NOTICE: THIS DOCUMENT SUBSTANTIALLY AFFECTS YOUR RIGHTS 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 PROPERTY OWNERS' ASSOCIATION, AND ARTICLE V PROVIDES FOR MANDATORY PAYMENT OF ASSESSMENTS TO THE ASSOCIATION AND A CONTINUING LIEN AGAINST YOUR PROPERTY TO SECURE PAYMENT OF ASSESSMENTSWHICHMAYBEFORECLOSEDEVENIFTHEPROPERTYISYOUR HOMESTEAD, (ii) ALL OWNERS AND TENANTS ARE REQUIRED TO MAINTAIN CAP ABILITIES FOR RECEIPT OF NOTICES AND OTHER COMMUNICATIONS AND FORPARTICIPATIONINMEETINGSBY"ELECTRONICMEANS"(SEESECTIONS 2.09 & 10.05), (iii) PRIVATE DRIVEWAYS FOR PARKING AS TO INDIVIDUAL LOTS WILL NOT BE AVAILABLE AS TO MOST OR ALL LOTS AND ALL LOT, STREET AND OTHER PARKING BY OWNERS, OCCUPANTS AND GUESTS IS OTHERWISE LIMITED AND HIGHLY REGULATED (SEE SECTIONS 7.03 & 8.01.2), (iv) AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" HERETO, THERE MAY BE CONDITIONS WITHIN OR WITHIN THE VICINITY OF THE SUBDIVISION AND/OR OTHER MATTERS WHICH ARE NOT SUITABLE FOR PARTICULAR PERSONS WHICH MUST BE INDEPENDENTLY INVESTIGATED, (v) DECLARANT RETAINS SUBSTANTIALRIGHTSUNDERTHISDECLARATION,INCLUDINGASPROVIDED IN EXHIBIT "B" TO THIS DECLARATION AND ESPECIALLY DURING THE DEVELOPMENT PERIOD, THE UNILATERAL RIGHT TO SET RATES FOR REGULAR ASSESSMENTS AND IMPOSE SPECIAL ASSESSMENTS,AND, WITHOUT NOTICE TO OR CONSENT OF ANY OWNER, TO ANNEX ADDITIONAL PROPERTIES INTO THE SUBDIVISION, TO AMEND ANY PLAT, AND TO AMEND

TO SET RATES FOR REGULAR ASSESSMENTS AND IMPOSE SPECIAL ASSESSMENTS,AND, WITHOUT NOTICE 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 (vi) SECTION Bl0.01 OF EXHIBIT "B" HERETO SETS FORTH PROCEDURES REGARDING MANDATORY DISPUTE RESOLUTION, INCLUDING A REQUIREMENT THAT A DISPUTE NOTICE BE GIVEN TO DECLARANT WITHIN 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 Bl0.01.

AFTER RECORDING RETURN TO: WILSON, CRIBBS & GOREN, P.C.

Attn: Mr. Lou W. Burton 2500 Fannin Street Houston, Texas 77002 ARTICLE ARTICLE I: Section 1.01: Section 1.02: ARTICLE II: Section2.01: Section 2.02: Section 2.03: Section 2.04: Section 2.05: Section 2.06: Section 2.07: Section 2.08: Section 2.09: 2.09.1: 2.09.2: 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: 2.18.1: 2.18.2: Section 2.19: Section 2.20: Section 2.21: ARTICLE ill: DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR HIGH GROVE AT WEST KESSLER HEIGHTS A RESIDENTIAL SUBDNISION IN DALLAS COUNTY, TEXAS TABLE OF CONTENTS PROPERTY SUBJECT TO THIS DECLARATION ....................... 1 Property Subject To Declaration ...................................... 1 Annexation; Deannexation ........................................... 1 DEFINITIONS .................................................... 2 Architectural Control Committee or ACC ............................... 2 Architectural Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 2

........... 2 Architectural Control Committee or ACC ............................... 2 Architectural Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 2 Association ....................................................... 2 Board or Board of Directors .......................................... 2 Community Properties .............................................. 2 Declarant ......................................................... 3 Declaration ....................................................... 3 Development Period ................................................ 3 Electronic Means .................................................. 3 Defined "Electronic Means" .......................................... 3 Owner Obligations ................................................. 3 Governing Documents .............................................. 4 Lot .............................................................. 4 Member .......................................................... 4 Owner ........................................................... 4 Person ........................................................... 4 Plat ............................................................. 4 Prevailing Community Standards ...................................... 4 Regulated Modification ............................................. 5 Related Parties .................................................... 5 Owners and Tenants ................................................ 5 Association, ACC and Declarant ...................................... 5 Rules and Regulations .............................................. 5 Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

... 5 Rules and Regulations .............................................. 5 Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Subdivision Facilities ............................................... 5 HIGH GROVE AT WEST KESSLER HEIGHTS COMMUNITY ASSOCIATION, INC ................................... 6 i Section 3.01: 3.01.1: 3.01.2: Section 3.02: Section 3.03: Section 3.04: 3.04.1: 3.04.2: 3.04.3: 3.04.4: Section 3.05: 3.05.1: 3.05.2: Section 3.06: 3.06.1: (a): (b): (c): (d): 3.06.2: 3.06.3: 3.06.4: 3.06.5: ARTICLEN: Section 4.01: Section 4.02: 4.02.1: 4.02.2: 4.02.3: 4.02.4: Section 4.03: Section 4.04: Section 4.05: ARTICLEV: Section 5.01: 5.01.1: 5.01.2: 5.01.3: 5.01.4: Section 5.02: Section 5.03: 5.03.1: 5.03.2: Section 5.04: Section 5.05: Establishment of Association ......................................... 6 Organization ...................................................... 6 Powers ........................................................... 6 Board of Directors ........................... · ...................... 6 Membership ....................................................... 7 Voting Rights of Members ........................................... 7 Calculation of Votes ................................................ 7 Multiple Owners ................................................... 7 Cumulative Voting Prohibited ........................................ 7 Right to Vote ...................................................... 8 Association Books and Records ....................................... 8 Maintenance ...................................................... 8 Inspection and Copying, and Retention Policies .......................... 8

s and Records ....................................... 8 Maintenance ...................................................... 8 Inspection and Copying, and Retention Policies .......................... 8 Limitation of Liability; Indemnification ................................. 8 General .......................................................... 8 "Association Representative(s)" Defined ................................ 8 Limitation of Liability .............................................. 8 Indemnification .................................................... 8 Report to Members ................................................. 8 Security Services .................................................. 9 Liability Arising From Conduct of Owners ............................. 10 Subsequent Statutory Authority ...................................... 10 No Impairment ................................................... 10 ARCHITECTURAL CONTROL COMMITTEE ......................... 10 Organization; Compensation ........................................ 10 Function and Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Submission of Plans Required ....................................... 11 Architectural Guidelines; Fees ....................................... 11 Architectural Review Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Responses; No Waiver or Estoppel ................................... 12 Variances ....................................................... 12 Records of Architectural Control Committee ............................ 13 Liability of Architectural Control Committee ........................... 13 MAINTENANCE FUND ........................................... 13

hitectural Control Committee ............................ 13 Liability of Architectural Control Committee ........................... 13 MAINTENANCE FUND ........................................... 13 Obligation for Payments to Maintenance Fund ........... .-.............. 13 Establishment of Maintenance Fund .................................. 12 Purpose of Maintenance Fund ....................................... 12 Commencement and Proration; Personal Obligation; Transferees ............ 14 Statement of Assessments ........................................... 14 Uniform Rates; Application of Payments ............................... 14 Base Rate and Subsequent Computation of Regular Assessments ............ 14 Initial Base Rate of Regular Assessments; Due Dates . . . . . . . . . . . . . . . . . . . . . 14 Subsequent Computation of Regular Assessments ........................ 15 No Waiver or Release .............................................. 15 Special Assessments ............................................... 15 11 Section 5.06: 5.06.1: (a): (b): (c): (d): (e): (f): 5.06.2: 5.06.3: 5.06.6: 5.06.7: Section 5.07: 5.07.1: 5.07.2: 5.07.3: 5.07.4: Section 5.08: 5.08.1: 5.08.2: 5.08.3: (a): (b): 5.08.4: 5.08.5: Section 5.09: 5.09.1: 5.09.2: 5.09.3: 5.09.4: 5.09.5: Section 5 .10: ARTICLE VI: Section 6.01: 6.01.1: 6.01.2: 6.01.3: 6.01.4: 6.01.5 6.01.6: Section 6.02: 6.02.1: 6.02.2: 6.02.3: 6.02.4: 6.02.5: 6.02.6: Specific Assessments .............................................. 15 Types ........................................................... 15 Utility and Other Services .......................................... 15 Capitalization Fee ................................................. 15

.................................................... 15 Utility and Other Services .......................................... 15 Capitalization Fee ................................................. 15 Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Late Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Compliance Costs ...................................... · ........... 16 Other Obligations (Including Transfer and ACC Fees) .................... 16 Other Utility or Special Service Assessments ........................... 16 Facilities Maintenance and Water Usage ............................... 16 Capitalization Fees ................................................ 16 Payment;Waiver .................................................. 17 Lien for Assessments .............................................. 17 Establishment of Lien .............................................. 17 Perfection of Lien ................................................. 17 Priority of Lien ........................... ; ....................... 18 Other Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Effect of Nonpayment of Assessments ................................. 18 Delinquency Date ................................................. 18 Automatic Remedies ............................................... 18 Elective Remedies After Notice ...................................... 19 Acceleration of Assessments ........................................ 19 Suspension of Services ............................................. 19

s After Notice ...................................... 19 Acceleration of Assessments ........................................ 19 Suspension of Services ............................................. 19 Action for Debt; Foreclosure, Including Expedited Foreclosure ............. 19 Extinguishment oflnferior Liens ..................................... 20 Miscellaneous Provisions ........................................... 20 Effect of Foreclosure or Bankruptcy .................................. 20 Revival of Assessment Lien ......................................... 21 No Merger ....................................................... 21 Assessments as Independent Covenant ................................. 21 Assessment Collection Policies ...................................... 21 Declarant Authority and Exemption as to Assessments .................... 21 MAINTENANCE; CASUALTY LOSSES ............................. 22 Association Maintenance Responsibilities .............................. 22 General Association Maintenance .................................... 22 Lawn/Landscaping Maintenance ..................................... 22 Subdivision Infrastructure .......................................... 23 Other Facilities or Services .......................................... 24 Access; Cooperation ............................................... 24 Owner's Liability for Payment of Association Costs ...................... 24 Owner Maintenance Responsibilities .................................. 25 General; Interior Maintenance ....................................... 25 Residences and Other Improvements .................................. 25 Owner Utilities and Easements ....................................... 26 Landscaping ..................................................... 27

d Other Improvements .................................. 25 Owner Utilities and Easements ....................................... 26 Landscaping ..................................................... 27 Annual Observations and Maintenance ................................ 27 Adjacent or Adjoining Owners ....................................... 27 iii 6.02.7: 6.02.8: Section 6.03: Section 6.04: Section 6.05: 6.05.1: 6.05.2: 6.05.3: 6.05.4: 6.05.5: Section 6.06: 6.06.1: 6.06.2: 6.06.3: 6.06.4: Section 6.07: Section 6.08: ARTICLE VII: Section 7.01: 7.01.1: 7.01.2: 7.01.3: 7.01.4: 7.01.5: 7.01.6: Section 7 .02: 7.02.1: 7.02.2: Section 7.03: 7.03.1: 7.03.2: 7.03.3: (a): (1): (2): (b): (c): (d): (e): (f): (g): (h): 7.03.4: 7.03.5: (a): (b): 7.03.6: Disturbance of Community Properties ................................. 27 Dispute Resolution Among Owners ................................... 28 Right of Entry and Inspection; Owner's Default ..... : .................... 28 Casualty Losses -Association Responsibilities .......................... 28 Casualty Losses -Owner Responsibilities .............................. 29 Required Repair; Permitted Removal .................................. 29 Manner of Repair or Removal .......................... : ......... · ... 29 Time Limits ...................................................... 29 Utilities ......................................................... 30 ACC Approval Required ........................................... 30 Owner Insurance .................................................. 30 General ......................................................... 30 Required Coverage ................................................ 30 Coverage Periods, Policy Provisions .................................. 30

..................................................... 30 Required Coverage ................................................ 30 Coverage Periods, Policy Provisions .................................. 30 Proof of Coverage; Default .......................................... 31 Association Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 31 Dampness and Humidity ............................................ 31 USE RESTRICTIONS ............................................. 32 Residential Use; Group Homes; Treatment Facilities ..................... 32 General ......................................................... 32 No Business, Professional, Commercial or Manufacturing Use ............. 32 Residential Use Only .............................................. 32 Single Family Defined ............................................. 33 Maximum Occupancy .............................................. 33 Group Homes; Day-Care Center; Treatment Facilities .................... 33 Pets, Animals and Livestock ......................................... 33 Permitted Pets; Leashing Required .................................... 33 Removal ........................................................ 34 Vehicles; Parking .................................. : .............. 34 Prohibited Vehicles; Covers Prohibited .. ". ............................. 34 Prohibited Parking- General ........................................ 35 Parking ......................................................... 35 Definitions of "Vehicle" and "Occupant Vehicle" ........................ 35 Vehicle ......................................................... 35 Occupant Vehicle ................................................. 35

"Vehicle" and "Occupant Vehicle" ........................ 35 Vehicle ......................................................... 35 Occupant Vehicle ................................................. 35 Parking -Occupant Vehicles ........................................ 35 Verification of Occupant Vehicles .................................... 36 Guest Parking .................................................... 36 Temporary Parking ................................................ 37 Street Use and Parking; Obstructions Prohibited ......................... 37 Responsibilities of Owners and Tenants ......................... ; ..... 38 Notice of Limited Parking .......................................... 38 Repair, Rental or Sale of Vehicles Prohibited ............................ 38 Default ......................................................... 38 Presumptive Violations ............................................. 38 Towing; Other Remedies ........................................... 38 Development Period ............................................... 39 iv 7.03.7: 7.03.8: Section 7 .04: 7.04.1: 7.04.2: 7.04.3: 7.04.4: 7.04.5: 7.04.6: 7.04.7: 7.04.8: Section 7.05: Section 7.06: Section 7.07: 7.07.1 7.07.2: 7.07.3: 7.07.4: Section 7.08: Section 7.09: Section 7.10: Section 7.11: Section 7.12: ARTICLE VIII: Section 8.01: 8.01.1: 8.01.2: (a): (b): 8.01.3: 8.01.4: Section 8.02: Section 8.03: Section 8.04: 8.04.1: 8.04.2: 8.04.3: 8.04.4: 8.04.5: (a): (b): (c): 8.04.6: 8.04.7: 8.04.8: 8.04.9: 8.04.10: Other Regulations ................................................. 39 Limitation of Liability ............................................. 39 Nuisance; Unsightly or Unkempt Conditions ............................ 40

................................................. 39 Limitation of Liability ............................................. 39 Nuisance; Unsightly or Unkempt Conditions ............................ 40 General ......................................................... 40 Nuisance or Annoyance ............................................ 40 Pollutants; Hazardous Materials ...................................... 40 Sound Devices; Excessive Noise ..................................... 40 Firearms and Fireworks Prohibited ................................... 41 Disposal of Trash ................................................. 41 Outdoor Cooking; Fire Pits .................. · ........................ 41 Responsibility of Owners, Indemnity and Release ........................ 42 Garage and Similar Sales ........................................... 42 Timesharing Prohibited ............................................ 42 Leases .......................................................... 42 Definition; Restrictions; Certain Limitations ............................ 42 Default ......................................................... 43 Joint and Several Liabilities ......................................... 42 Surrender of Use of Community Properties by Lessor(s) .................. 42 Garage Usage .................................................... 43 Children and Other Dependents ...................................... 43 Unoccupied Property .............................................. 43 Mineral Production ................................................ 44 Rules and Regulations ............................................. 44 ARCHITECTURAL RESTRICTIONS ................................ 44 Type of Residence ................................................ 44

es and Regulations ............................................. 44 ARCHITECTURAL RESTRICTIONS ................................ 44 Type of Residence ................................................ 44 Single Family Residence ........................................... 44 Garages and Garage Doors .......................................... 44 General ......................................................... 44 Notice of Size Limitation; No Liability ................................ 45 New Construction and Continued Maintenance Required .................. 45 Prohibited Homes and Structures ..................................... 45 Living Area Requirements .......................................... 45 Requirement for and Location of Residence ............................ 45 Construction Standards ............................................. 46 Applicability ..................................................... 46 Maximum Period for Completion of Construction ........................ 46 New Construction Materials Required ................................. 46 Storage of Materials; Clean-Up ...................................... 46 Drainage, Including Easements ...................................... 46 Drainage Devices ................................................. 45 Encroachments ................................................... 4 7 Owner Obligations ................................................ 47 Roof Materials ................................................... 4 7 Recreational Equipment, Courts, Pools and Playscapes .................... 47 Landscaping; Tree Maintenance and Removal ........................... 48 Driveways ....................................................... 48 Painting of Frame Construction ...................................... 48 V 8.04.11:

ance and Removal ........................... 48 Driveways ....................................................... 48 Painting of Frame Construction ...................................... 48 V 8.04.11: 8.04.12: Section 8.05: Section 8.06: 8.06.1: 8.06.2: 8.06.3: 8.06.4: 8.06.5: Section 8.07: 8.07.1: 8.07.2: Section 8.08: 8.08.1: 8.08.2: 8.08.3: (a): (b): (c): 8.08.4: 8.08.5: 8.08.6: Section 8.09: Section 8.10: Section 8.11: 8.11.1: 8.11.2: 8.11.3: 8.11.4: Section 8.12: Section 8.13: Section 8.14: 8.14.1: 8.14.2: 8.14.3: 8.14.4: 8.14.5: 8.14.6: 8.14.7: 8.14.8: 8.14.9: 8.14.10: 8.14.11: 8.14.12: 8.14.13: 8.14.14: 8.14.15: ARTICLE IX: Mailboxes ........................................................ 49 Compliance with Laws ... ; ......................................... 49 Lot Resubdivision or Combination .................................... 49 Lot Fencing and Subdivision Fencing, Including Easements ................ 49 "Lot Fencing" and "Hedge" Defined .................................. 49 ACC Approval Required ........................................... 49 General Requirements ............................................. 49 Ownership and Maintenance of Lot Fencing ............................ 50 Subdivision Fencing, Including Easements ............................. 50 Antennas and Satellite Dish Systems .................................. 51 General Rule ..................................................... 51 Prohibited Antenna ................................................ 51 Signs ........................................................... 51 Definition; General Rule ........................................... 51 Prohibited Signs .................................................. 52 Permissible Signs ................................................. 52

eneral Rule ........................................... 51 Prohibited Signs .................................................. 52 Permissible Signs ................................................. 52 "For Sale" or "For Lease"Signs (Prohibited During Development Period) ..... 52 Security Signs and Stickers ......................................... 52 Political Signs and Permitted Flags ................................... 52 Other Signs and Regulations ........................................ 52 Development Period ............................................... 52 Default ......................................................... 53 Traffic Sight Line Areas ............................................ 53 Window and Door Glass Covers ..................................... 53 Utilities; Lighting ................................................. 53 Maintenance of Utilities Required .................................... 53 Private Utility Lines ............................................... 53 Air Conditioners .................................................. 54 Exterior Lighting ................................................. 54 Artificial Vegetation, Exterior Sculptures and Similar Items ................ 54 Septic Tanks;Irrigation ............................................. 54 Protected Property Use Policies ...................................... 54 Applicability; Definition ............................................ 54 Prior Approval Required ............................................ 54 General Location Requirements ...................................... 55 Maintenance Requirement .... : ..................... ; ............... 55 Energy Efficient Roofing ........................................... 55

Requirements ...................................... 55 Maintenance Requirement .... : ..................... ; ............... 55 Energy Efficient Roofing ........................................... 55 Political Signs .................................................... 55 Permitted Flags ................................................... 56 Rainwater Harvesting Systems ....................................... 57 Solar Energy Devices .............................................. 58 Display of Certain Religious Items .................................... 59 Adjacent Lot Use ................................................. 60 Compost Sites ..... : .............................................. 61 Xeriscaping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Standby Electric Generators ......................................... 62 Architectural Guidelines ............................................ 63 EASEMENTS .................................................... 63 vi Section 9.01: Section 9.02: Section 9.03: 9.03.1: 9.03.2: 9.03.3: 9.03.4: 9.03.5: 9.03.6: 9.03.7: Section 9.04: Section 9.05: 9.05.1: 9.05.2: 9.05.3: 9.05.4: (a): (b): Section 9.06: 9.06.1: 9.06.2: Section 9.07: ARTICLEX: Section 10.01: Section 10.02: 10.02.1: 10.02.2: 10.02.3: 10.02.4: (a): (1): (2): (3): (4): (b): (c): (d): 10.02.5: 10.02.6: 10.02.7: 10.02.8: Section 10.03: Section 10.04: 10.04.1: 10.04.2: 10.04.3: 10.04.4: Incorporation of Easements ......................................... 63 Easements for Encroachment and Overhangs ........................... 63 Maintenance Access Easements ...................................... 64 Applicability ..................................................... 64

Encroachment and Overhangs ........................... 63 Maintenance Access Easements ...................................... 64 Applicability ..................................................... 64 Establishment; Purposes ............................................ 64 Permitted Access Area ............................................. 64 Notice; Duration; "Emergency" Defined ............................... 65 Usage .......................................................... 65 ACC Approval of Access Area Improvements Required ................... 65 Restoration ...................................................... 65 Association and ACC Blanket Access Easement ......................... 66 Governmental Functions, Utilities and Other Services .................... 66 Governmental Functions; Removal of Obstructions ...................... 66 Utilities ......................................................... 66 Certain Subdivision Facilities ....................................... 67 A/C Condensing Units ............................................. 67 General ......................................................... 67 A/C Unit Banks ................................................... 68 Access .......................................................... 68 Egress/Regress to Public Way Required ............................... 68 Reciprocal Street Easements ......................................... 68 Easements Perpetual and Not Conveyed ............................... 68 GENERAL PROVISIONS .......................................... 69 Development Period ............................................... 69 Enforcement ..................................................... 69 Right to Enforce .................................................. 69

nt Period ............................................... 69 Enforcement ..................................................... 69 Right to Enforce .................................................. 69 Confidentiality ................................................... 69 Verification of Defaults; Notices of Non-Compliance ..................... 69 Liabilities and Indemnities Resulting from Violations ..................... 69 Definitions ...................................................... 69 Claim(s) ........................................................ 70 Compliance Costs ................................................. 70 Loss(es) ......................................................... 70 Violations ....................................................... 70 Liability; Indemnity ............................................... 70 Liability for Conduct of Others ("Related Parties") ....................... 70 Specific Assessment; Payment ....................................... 70 Fines ........................................................... 71 Filing of Notices of Non-Compliance ................................. 71 Notice Required Before Enforcement Action ............................ 71 No Waiver; Cumulative Rights ....................................... 71 Term ........................................................... 72 Amendment ...................................................... 72 By Owners ...................................................... 72 By Association ................................................... 72 Effective Date .................................................... 73 "Amendment" Defined ............................................. 73 Vll Section 10.05: 10.05.1: (a): (b): 10.05.2: (a): (b): (c): (d): (e): (f): (g): 10.05.3: (a):

................................ 73 "Amendment" Defined ............................................. 73 Vll Section 10.05: 10.05.1: (a): (b): 10.05.2: (a): (b): (c): (d): (e): (f): (g): 10.05.3: (a): (b): (c): 10.05.4: 10.05.5: Section 10.06: Section 10.07: Section 10.08: 10.08.1: 10.08.2: 10.08.3: Section 10.10: Notices ......................................................... 73 General; "Notice" Defined .......................................... 73 "Notice" ............ · ............................................ 73 Delivery ....................... : ................................ 73 To Whom and Where Given ......................................... 73 Declarant ......................................................... 73 Association or ACC ............................................... 73 Owners; Tenants .................................................. 74 By Electronic Means ............................................... 74 Owner/Tenant Responsibilities as to Electronic Means ................... 75 When Delivered .................................................. 75 Deemed Delivery ................................................. 75 Owner/Tenant Contact/Occupancy Information Required .................. 75 Contact Information Required ....................................... 75 Required Procedure ............................................... 75 Conflicts; Effective Date of Change ................................... 75 One Address/Number and Delivery Limit .............................. 75 Other Information and Governing Documents ........................... 7 5 Contact/Other Information To and From Mortgagees ..................... 76 Managing Agent .................................................. 76

n and Governing Documents ........................... 7 5 Contact/Other Information To and From Mortgagees ..................... 76 Managing Agent .................................................. 76 Construction ..................................................... 76 Interpretation ..................................................... 76 Conflicts in Governing Documents ................................... 77 Severability ...................................................... 77 Effective Date .................................................... 77 EXECUTION ACKNOWLEDGMENTS MORTGAGEE/LIENHOLDER CONSENT EXHIBIT "A": PROPERTY CONDITIONS AND OTHER SUBDIVISION NOTICES, RELEASES AND INDEMNITIES Al.01: Application; Definitions ........................................... 1 A2.01: Notices ......................................................... 1 A3.01: Property Conditions and other Matters of Record ....................... 1 A3.01.1: Development Period ..................................... 1 A3.0I.2: Disruptions Due to Maintenance, Operation or Use ............ 1 A3.0I.3: Areas Outside Subdivision, Including Airports ................ 1 A3.01.4: Environmental Conditions ................................ 2 A3.0l.5: Other Restrictions ...................................... 2 A5.01: Release and Indemnity ............................................. 2 A6.01: Provisions Not Exclusive .......................................... 3 EXHIBIT "B": DEVELOPMENT PERIOD Bl.01: Application ..................................................... 1 B2.01: Declarant Rights; Declarant Control Period; Architectural Control; Builder Approval ................................................ 1 B2.0l.1: Declarant Rights ........................................ 1

larant Rights; Declarant Control Period; Architectural Control; Builder Approval ................................................ 1 B2.0l.1: Declarant Rights ........................................ 1 B2.0l.2: Declarant Control Period ................................. 1 Vlll B3.0l: B4.0l: BS.01: B6.0l: B7.0l: BS.01: B9.01: (a): (b): B2.0l.3: B2.0l.4: B2.0l.5: Appointment of Directors, Officers and ACC Members ......... 1 Board Meetings and Action ............................... 1 Declarant as Member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Declarant's ACC Exemption and Authority ................... 1 Approval of Builder ("Authorized Builder") By Declarant Required .................................... 2 B2.0l.6: "Completion of the Initial Sale" of Lot Defined ............... 2 Declarant Authority and Exemption as to Assessments ................... 2 Meetings of Owners; Election of "Owner Directors" ..................... 4 B4.01.1: Annual and Other Meetings ............................... 4 B4.0l.2: Election of Owner Directors .............................. 5 B4.0l.3: Failure to Elect/Appoint Owner Directors .................... 5 Transfer ofDeclarant Control; Effect ................................. 6 BS.01.1: Date of Transfer of Declarant Control ....................... 6 BS.01.2: Effect of Transfer ofDeclarant Control ...................... 6 BS.01.3: Required Notices to Declarant ............................. 6 Community Properties; Landscaping ................................. 6 Easements ...................................................... 8 Development Activities, Including Notices and Releases .................. 9 Amendment of Governing Documents; Changes in Composition

Easements ...................................................... 8 Development Activities, Including Notices and Releases .................. 9 Amendment of Governing Documents; Changes in Composition of Subdivision ................................................. 11 B9.0l.l: General .............................................. 11 B9.0l.2: Effective Date ........................................ 12 B 10.01: Binding Arbitration; Limitations .................................... 12 Bll.01: Notice to Declarant .............................................. 12 B12.01: No Impairment ofDeclarant's Rights ................................ 12 EXHIBIT "C": HIGH GROVE AT WEST KESSLER HEIGHTS NO. 1 ADDITION Metes and Bounds Description EXHIBIT "D": HIGH GROVE AT WEST KESSLER HEIGHTS NO. 2 ADDITION Metes and Bounds Description ix DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR HIGH GROVE AT WEST KESSLER HEIGHTS A RESIDENTIAL SUBDIVISION IN DALLAS COUNTY, TEXAS STATE OF TEXAS COUNTY OF DALLAS § § § KNOW ALL BY THESE PRESENTS THAT: WHEREAS, the undersigned WILBOW-HIGH GROVE DEVELOPMENT CORPORATION, a Texas corporation (herein referred to as"Declarant") is the current owner of all that certain real property located in Dallas County, Texas, 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, liens, charges and easements as herein set forth.

for the mutual benefit of the Owners and their successors in title which property will be conveyed subject to the covenants, conditions, restrictions, liens, charges and easements as herein set forth.

NOW, THEREFORE, in order to carry 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 will be held, sold and conveyed subj ectto 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 the said properties. These covenants and restrictions will run with the said real property and be binding upon all parties having or acquiring any right, title, or interest in the said real property or any part thereof, their heirs, predecessors, successors and assigns, and will inure to the benefit of each Owner thereof.

Article I Property Subject to This Declaration NOTICE: THERE MAY BE CONDITIONS WITHIN OR WITHIN THE VICINITY OF THE SUBDIVISION AND/OR OTHER MATTERS OF RECORD WHICH ARE NOT SUITABLE FOR PARTICULAR PERSONS.

IT IS THE SOLE RESPONSIBILITY OF EACH PROSPECTIVE PURCHASER, OWNER, TENANT OCCUPANT AND OTHER AFFECTED PERSONS TO INDEPENDENTLY INVESTIGATE AND VERIFY THE PRESENCE OR ABSENCE OF ANY SUCH CONDITIONS AND TO OTHERWISE CONFIRM SUITABILITY (SEE EXHIBIT "A" TO THIS DECLARATION).

SECTION 1.01 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

ON 1.01 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 Dallas County, Texas, as more particularly described by metes and bounds in Exhibits "C" and "D" attached hereto and incorporated by reference herein.

SECTION 1.02 Annexation; Deannexation. Without limitation of Section 1.02 above or of Section B9.01 of Exhibit "B" to this Declaration, during the Development Period Declarant and only Declarant (i) may annex and add any real property, including any Lot, in to and make the same a part of the Subdivision, and may change or reconfigure any real property, including any Lot, currently or hereafter made subject to the Declaration. Subject to Exhibit "B" hereto, after the Development Period the Owners may, by amendment of the Declaration, and with the consent of the applicable owner or owners thereof, annex additional real property in to and make the same a part of the Subdivision, or deannex and remove any real property, including any Lot, from the Subdivision. Any such annexation or deannexation must be evidenced by filing of, and is effective from the date of filing of, an amendment of the Declaration evidencing the annexation or deannexation in the Official Public Records of Real Property of Dallas County, Texas, or such later date as stated in the amendment. Any annexation, when made, will automatically extend the jurisdiction, functions, duties and membership as applicable ofDeclarant, the Association (including the Board) and the ACC to the real property or properties added or annexed.

Article Il Definitions

jurisdiction, functions, duties and membership as applicable ofDeclarant, the Association (including the Board) and the ACC to the real property or properties added or annexed.

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

SECTION 2.02 "Architectural Guidelines" means (i) minimum construction standards, including acceptable exterior materials, colors, finishes and similar standards, requirements or limitations (ii) landscaping, appearance and/or maintenance standards, requirements or limitations, (iii) protected property use policies, including as provided in Section 8.14 hereof and/or as otherwise regarding or as permitted by Chapter 202 of the Texas Property Code, and (iv) any other procedural, aesthetic, environmental or architectural guidelines, rules, standards, requirements, limitations, policies or procedures as from time to time adopted or amended in accordance with this Declaration, including Article IV of this Declaration, regardless of nomenclature or manner of designation, and which may include Rules and Regulations.

SECTION 2.03 "Association" means HIGH GROVE AT WEST KESSLER HEIGHTS COMMUNITY ASSOCIATION, INC., a Texas non-profit corporation, to be incorporated for the purposes contemplated by this Declaration, and its successors (by merger, consolidation or otherwise) and assigns.

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

contemplated by this Declaration, and its successors (by merger, consolidation or otherwise) and assigns.

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

SECTION 2.05 Subject to applicable provisions of Exhibit "B" hereto, "Community Properties" means: 2.05.1 all common areas so designated herein or by a Plat intended for the common use of the Owners; 2.05.2 all private streets or shared access areas within the Subdivision as so designated by any Plat of the Subdivision, including the Initial Plat, the said streets sometimes herein referred to as the "Shared Drive(s)", unless and until any private street or any part thereof is dedicated to the public; 2.05.3 all Subdivision Facilities; and -2 2.05.4 all other properties, real or personal, conveyed to or dedicated to the use of, or otherwise acquired by the Association for the common use or general benefit of, the Association and/or the Subdivision, together with all improvements thereon and appurtenances thereto.

SECTION 2.06 "Declarant" means WILBOW-HIGH GROVE DEVELOPMENT CORPORATION, a Texas corporation, and its successors and assigns if such successors or assigns: (i) acquire all of the then remaining undeveloped or developed but previously unoccupied or unsold Lots within the Subdivision from Declarant for purposes of development and resale; or (ii) are expressly designated in writings by Declarant as a successor or assign of Declarant hereunder, in whole or in part.

SECTION 2.07 "Declaration" means this Declaration of Covenants, Conditions, Restrictions and Easements for High Grove at West Kessler Heights, and all lawful amendments thereto.

SECTION 2.08 "Development Period" means the period of time beginning on the date of recordation

s, Restrictions and Easements for High Grove at West Kessler Heights, and all lawful amendments thereto.

SECTION 2.08 "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 Dallas County, Texas, during which Declarant retains and reserves as provided herein rights to facilitate the development, construction, and marketing of the Subdivision, and rights to direct the size, shape, and composition of the Subdivision, and ending on the earlier occurrence of either of the following events: 2.08.1 April 1, 2026; or 2.08.2 180 days after completion of the initial sale (as defined in Section B2.01 of Exhibit "B" to this Declaration) of the last Lot in the Subdivision; or 2.08.3 upon the date of filing in the Official Public Records of Real Property of Dallas County, Texas ofDeclarant'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 portions of the Subdivision and/or to the specific functions, rights and/or responsibilities as stated therein.

SECTION 2.09 "Electronic Means. 11 2.09 .1 Defined. "Electronic Means II means, refers to and applies to (i) any method ofnotices or other communications by email, by facsimile, or by posting on or other method of communication via an Internet website, or any combination thereof, as permitted by this Declaration or other applicable Governing Documents, or by applicable law, whereby the identity of the sender and receipt by the recipient can be

site, or any combination thereof, as permitted by this Declaration or other applicable Governing Documents, or by applicable law, whereby the identity of the sender and receipt by the recipient can be confirmed, or (ii) holding of any meetings as permitted by this Declaration or other applicable Governing Documents, or by applicable law, by using a conference telephone or similar communications equipment, or another suitable electronic communications systems, including videoconferencing technology or the Internet, or any combination thereof, whereby each participant may hear and be heard by every other participant.

2.09.2 Owner Obligations. IT IS THE OBLIGATION OF EACH OWNER AND THEIR TENANT(S) TO OBTAIN AND MAINTAIN CONFIRMATIONS OF RECEIPT OF ALL NOTICES AND OTHER COMMUNICATIONS FROM THE ASSOCIATION OR DECLARANT BY ELECTRONIC MEANS, AND TO PROVIDE THE SAME TO THE ASSOCIATION OR DECLARANTUPON REQUEST.

IT IS THE OBLIGATION OF EACH OWNER AND THEIR TENANT(S) TO MAINTAIN THE CAPABILITY TO RECEIVE ANY NOTICES OR OTHER COMMUNICATIONS FROM THE ASSOCIATION OR DECLARANT BY, AND TO PARTICIPATE IN ANY MEETINGS AS AFORESAID BY, ELECTRONIC MEANS. BY ACCEPTANCE OF ANY RIGHT, TITLE OR INTEREST IN ANY LOT, -3OR BY OCCUPANCY THEREOF, EACH OWNER AND THEIR TENANT(S) CONSENT TO THE USE OF ELECTRONIC MEANS BY THE ASSOCIATION OR BY DECLARANT AS TO ANY NOTICES, COMMUNICATIONS OR MEETINGS IN ACCORDANCE WITH THIS DECLARATION, INCLUDING SECTION 10.05 HEREOF, AND IN ACCORDANCE WITH OTHER APPLICABLE GOVERNING DOCUMENTS.

SECTION 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

S.

SECTION 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 Board and/or ACC, and all lawful amendments to any of the foregoing.

SECTION 2.11 "Lot" means any of the numbered plots of land shown upon any Plat upon which a single family residence is, or may be, built. The term "Lot" does not include Community Properties (including any Lot or part thereof which is designated for the general use or benefit of the Owners and/or occupants of the Subdivision or otherwise designated as or included in the Community Properties by Declarant at any time before or during the Development Period), and does not include any commercial or other unrestricted reserves so designated by a Plat, if any.

SECTION 2.12 "Member" means every Person who is an Owner and holds a membership in the Association. Every Member which is not a natural person must designate a representative of such entity who is a natural person as provided in the Association's Bylaws.

SECTION 2.13 "Owner" means, whether one or more Persons (i) the owner according to the Official Public Records of Real Property of Dallas County, Texas of the fee simple title to a Lot, and (ii) the holder or purchaser from the any mortgagee or other Person holding a lien, encumbrance or other security interest as

eal Property of Dallas County, Texas of the fee simple title to a Lot, and (ii) the holder or purchaser from the any mortgagee or other Person holding a lien, encumbrance or other security interest as of the date upon which any such holder or purchaser acquires title pursuant to any judicial or nonjudicial foreclosure or any proceedings in lieu thereof. "Owner" does not include any mortgagee or other Person holding a lien, encumbrance or other interest merely as security for the performance of an obligation.

SECTION 2.14 "Person" means and includes any natural person, corporation, joint venture, partnership, association, trust, business trust, estate government or governmental subdivision or agency, and any other legal entity.

SECTION 2.15 "Plat" means the initial maps or plats of the Subdivision covering the real property as described in Section 1.01 which initial maps or plats are sometimes herein referred to as the "Initial Plat", all maps or plats of properties made a part of the Subdivision as provided in Article I, if any, hereafter filed in the Map Records of Dallas County, Texas, and all lawful modifications, amendments and/or replats of any of the foregoing.

SECTION 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

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 -4materials and designs, and (ii) compliance with this Declaration and other applicable Governing Documents, and with applicable government~l laws, ordinances and regulations.

SECTION 2.17 "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.

SECTION 2.18 "Related Parties" means and applies as follows: 2.18.1 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 include (i) their respective family and other household members (including in particular but without limitation all children and other

to each such Owner and each such tenant, Related Parties of each 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.

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

SECTION 2.19 "Rules and Regulations" means all rules, policies and procedures, including all rules, policies or procedures regarding or as permitted or required by Chapters 202,204 or 209 of the Texas Property Code, concerning or regulating the appearance, maintenance, operation, use or occupancy of the Subdivision, including the Lots and Community Properties, or rights or obligations of Owners regarding the Subdivision or the Association, as from time to time adopted or amended in accordance with Section 7 .12 hereof, regardless of nomenclature or manner of designation, and which may include architectural guidelines.

SECTION 2.20 "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.

SECTION 2.21 "Subdivision Facilities" means all properties, real or personal, and all facilities and

of, and any other real property subjected to this Declaration as herein provided from time to time.

SECTION 2.21 "Subdivision Facilities" means all properties, real or personal, and all facilities and services owned, leased, built, installed, maintained, operated or provided by or through the Association for the general benefit of the Subdivision, including without limitation BUT WITHOUT ANY REPRESENTATION, WARRANTY, OBLIGATION OR IMPLICATION WHATSOEVER THAT Al\TY PARTICULAR PROPERTIES,FACILITIESORSERVICESWILLBEACQUIRED,BUILT,INSTALLED,MAINTAINED, OPERA TED OR PROVIDED, AND SUBJECT TO ALL RIGHTS OF DECLARANT DURING THE .

DEVELOPMENT PERIOD AS SET FORTH IN EXHIBIT "B" HERETO, AND OF THE BOARD THEREAFTER IF AND AS PERMITTED HEREIN, FROM TIME TO TIME AND AT ANYTIME TO ADD TO, MODIFY, REMOVE OR DISCONTINUE ANY PROPERTIES, FACILITIES OR SERVICES: 2.21.1 dog park, common areas and other buildings, structures, equipment, amenities and improvements as may be located within or upon the common areas within the Subdivision or as otherwise expressly permitted hereby as determined by Declarant during the Development Period or the Board thereafter; -5 2.21.2 all Subdivision main entry fences, walls, and/or entry and other identification monuments; 2.21.3 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 as permitted by Section 9.05, if any, including entry, access and exit areas regarding the same; 2.21.4 all "Drainage Devices" specifically designated as Subdivision Facilities as provided in or permitted by Section 8.04.5, if any; 2.21.5 any garbage or recycling collection, cable or satellite television, utilities, including

specifically designated as Subdivision Facilities as provided in or permitted by Section 8.04.5, if any; 2.21.5 any 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 2.21.6 any other facilities or services as from time to time so designated by Declarant during the Development Period or by the Board thereafter.

Article III Hi&:h Grove at West Kessler Heights Community Association, Inc.

SECTION 3.01 Establishment of Association.

3.01.1 Organization. The Association will be organized and formed as a non-profit corporation under the laws of the State of Texas. 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 undertakings reasonably incident to any of the foregoing or in furtherance thereof.

3.01.2 Powers. The Association has full right, power and authority to exercise and to enforce all provisions of this Declaration and all other Governing Documents, including without limitation (i) to exercise all powers available to a Texas nonprofit corporation, (ii) to exercise all powers of a property owners association pursuant to Section 204.010 of the Texas Property Code, and (iii) to exercise all implied powers incident to the foregoing or necessary or proper to the Association's express powers or purposes, subject

rsuant to Section 204.010 of the Texas Property Code, and (iii) to exercise all implied powers incident to the foregoing or necessary or proper to the Association's express powers or purposes, subject however to any limitations expressly stated herein or in other Governing Documents. Without limitation of the foregoing, the Association is hereby expressly authorized (x) to acquire (by gift, deed, lease or otherwise), own, hold, improve, operate, maintain, sell, lease, convey, dedicate for public use, acquire, hold, use, and otherwise dispose of and/or alienate real and personal property as the Owners may deem necessary or appropriate and/or as provided in this Declaration and other Governing Documents, (y) to borrow money, and to mortgage, pledge, deed in trust or otherwise encumber, alienate or hypothecate any or all of the Association's real or personal property as security for money borrowed or debts incurred to conduct the lawful affairs of the Association, and (z) to compromise and settle any and all claims, demands, liabilities and causes of action whatsoever held by or asserted against the Association upon such term and conditions as the Board of Directors may determine.

SECTION 3.02 Board of Directors. The Association acts through a Board of Directors which is the governing body of the Association. The Board of Directors will manage the affairs of the Association as specified in this Declaration, the Bylaws and other applicable Governing Documents. Unless otherwise expressly required by law, and subject to all Declarant rights and authority as provided in other applicable -6provision of this Declaration or other Governing Documents, the Board of Directors will exercise and have

by law, and subject to all Declarant rights and authority as provided in other applicable -6provision of this Declaration or other Governing Documents, the Board of Directors will 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. EXCEPT AS PROVIDED IN SECTION B4.0l OF EXHIBIT "B" HERETO, DECLARANT WILL APPOINT ALL MEMBERS OF THE BOARD OF DIRECTORS, AND IS ENTITLED TO REMOVE AND REPLACE ANY OF THE SAME, UNTIL EXPIRATION OR TERMINATION OF THE DEVELOPMENT PERIOD. EXCEPT AS PROVIDED IN SECTION B4.0l OF EXHIBIT "B" HERETO, AND UNLESS SOONER REMOVED (INCLUDING BY DEATH OR DISABILITY) OR DISQUALIFIED AS PROVIDED HEREIN OR IN THE BYLAWS OR OTHER GOVERNING DOCUMENTS, EACH DIRECTOR WILL SERVE UNTIL THEIR SUCCESSOR IS ELECTED OR APPOINTED AND HAS QUALIFIED.

SECTION 3 .03 Membership. Every Owner must be and is a Member of the Association, and as such is subject to and has 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 Dallas 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

opriate 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 will not terminate any Owner's membership.

No Owner, whether one or more Persons, may have more than one membership per Lot. Memberships is appurtenant to and may not be separated from ownership of any Lot, and automatically passes with the title to the Lot.

SECTION 3.04 Voting Rights ofMembers.

3 .04.1 Calculation of Votes. The number of votes which may be cast regarding any matter properly presented for a vote of the Owners (Members) of the Association will be calculated as follows: (a) The Owner of each Lot, including Declarant, will have one vote for each Lot owned.

(b) In addition to the vote or votes to which Declarant is entitled by reason Declarant's ownership of one or more Lots as provided in Section 3.04.l(a), for every one vote outstanding in favor of any Owner other than Declarant, Declarant will have four additional votes until the expiration or termination of the Development Period.

3.04.2 Multiple Owners. When more than one Person holds an ownership interest in a Lot, all such Persons are Members, but in 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 ofa 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

ecision ofa 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 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.

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

-73 .04.4 Right to Vote. No Owner may be disqualified from voting in an election of a member or members of the Board of Directors, or on any matter concerning the rights or responsibilities of the Owner.

SECTION 3 .05 Association Books and Records.

3.05.1 Maintenance. The Association will keep current and accurate books and records of the business and affairs of the Association, including financial records, and including minutes of the proceedings at any meeting of the Board and any meeting of Owners. The ACC must also keep and maintain records evidencing the final decision(s) of the ACC regarding all requests for approval and requests for variance.

3 .05 .2 Inspection and Copying, and Retention Policies. Every Owner may inspect and copy books and records of the Association, and the Association must retain Association books and records, in accordance with the Association's policies as to the same which will be adopted in accordance with Section 209 .005 of the Texas Property Code. The Association's initial Association Documents Inspection and Copying Policy and initial Association Documents Retention Policy will be adopted by Declarant. Declarant during

the Texas Property Code. The Association's initial Association Documents Inspection and Copying Policy and initial Association Documents Retention Policy will be adopted by Declarant. Declarant during the Development Period, and the Board at any time, may from time to time adopt and amend such other policies regarding Association books and records as either may deem to be necessary or appropriate, including with regard to or concerning the Association Documents Inspection and Copying Policy and/or the Association Documents Retention Policy as initially adopted by Declarant.

SECTION 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.

(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 liable to the Association, to any Owner or Member of the Association, orto 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.

( c) 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

zations 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 CLAIMS BASED ON OR ARISING FORM SUCH PERSON'S SOLE, 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 8.15I(d)(2) of the Texas Business Organizations Code.

( 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 -8 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 months after the date of the indemnification or advance.

3.06.2 Security Services. The Association may from time to time engage in activities or provide Subdivision Facilities, including activities, devices or services intended to or which may have the effect of enhancing safety or security, including activities, devices or services limiting or controlling Subdivision access, or providing of patrol services or otherwise monitor activities within the Subdivision (including Community Properties), and may from time to time provide information through newsletters or

on access, or providing of patrol services or otherwise monitor activities within 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 of 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: (a) 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.

(b) 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 Parties.

(c) 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

, 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 conduct or any other cause. WITHOUT LIMITATION OF THE FOREGOING, DECLARANT, THE ASSOCIATION AND THEIR RELATED PARTIES DO NOT HA VE 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 TO SECURITY SERVICES, PAST OR PRESENT.

(d) DECLARANT, THE 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 THEFT, BURGLARY, TRESPASS, ASSAULT, VANDALISM ORANY 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.

(e) DECLARANT, THE ASSOCIATION AND THEIR RELATED PARTIES, HA VE NO DUTY, OBLIGATION OR RESPONSIBILITY OF ANY KIND WHATSOEVER TO WARN, ADVISE OR IN ANY OTHER MANNER INFORM ANY OWNERS, TENANTS, OR THEIR RELATED -9 PARTIES, OR ANY OTHER RESIDENTS OR OCCUPANTS OF ANY LOT OR COMMUNITY

N OR RESPONSIBILITY OF ANY KIND WHATSOEVER TO WARN, ADVISE OR IN ANY OTHER MANNER INFORM ANY OWNERS, TENANTS, OR THEIR RELATED -9 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 ACTIVITIES OF ANY KIND, CRIMINAL HISTORY OR BACKGROUND OF ANY PERSON, OR CRIMINAL INVESTIGATIONS BYLAW ENFORCEMENT AGENCIES OR BY ANY OTHER PERSON (ALL SUCH MATTERS, ACTIVITIES 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 ari.d/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 theirinvitation, or with their consent or permission, to any such disclosure and/or transmittal ofinformation.

Any such disclosure and/or transmittal of information does not in any way constitute 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

re and/or transmittal of information does not in any way constitute 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, concerning Criminal Matters, including in particular but without limitation, the provisions of Section 3.06.2( 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 HOLDHARMLESS,DECLARANT, THE ASSOCIATION ANDTHEIRRELATEDPARTIESFROMAND 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 3.06, then liability will be eliminated or limited and right to indemnification wilJ 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.

ch 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.

Article IV Architectural Control Committee SECTION 4.01 Organization: Compensation. There is hereby established an Architectural Control Committee (herein sometimes referred to as the "ACC"). DECLARANT WILL ACT AS THE ACC (AND AS THE DESIGNATED REPRESENTATIVE OF THE ACC) DURING THE DEVELOPMENT PERIOD.

Thereafter, the Board of Directors will 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 -10 be reimbursed for reasonable expenses in such manner and amounts as may be approved by the Board of Directors.

SECTION 4.02 Function and Powers.

4.02.1 Submission of Plans Required. 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 and 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 4.02.3. One complete set of plans and specifications, and copies of all required permits and any other approvals required by any governmental entity, when applicable, must be submitted with each request for approval unless a greater number is required by applicable Architectural Guidelines. Any

y other approvals required by any governmental entity, when applicable, 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 where the Regulated Modification will occur or be placed; (b) the dimensions, nature, kind, shape, height, and color scheme of and 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 Architectural Guidelines; Fees.

(a) 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 sometimes herein referred to as "Architectural Review Fees").

Architectural Review Fees may also be determined and assessed on a case by case basis as determined by the

cation (such costs and expenses sometimes herein referred to as "Architectural Review Fees").

Architectural Review Fees may also be determined and assessed on a case by case basis as determined by the ACC without the necessity for adoption of Architectural Guidelines as to the same.

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

4.02.3 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 Prevailing Community Standards (including -11 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 the ACC is not bound by) similar applications for architectural approval and the decisions and actions of the ACC with regard thereto.

4.02.4 Responses; No Waiver or Estoppel. The ACC has full and complete authority to

nd by) similar applications for architectural approval and the decisions and actions of the ACC with regard thereto.

4.02.4 Responses; No Waiver or Estoppel. The ACC has full and complete authority to approve, conditionally approve or disapprove any request for ACC approval in accordance with Section 4.02.3, and its judgment is final and conclusive. In the event the ACC fails to approve or disapprove a properly submitted and completed request for ACC approval within thirty days from the date such request is received by the ACC, then ACC approval will not be required. EXCEPT FOR COMPLIANCE WITH THE ACC APPROVAL PROVISIONS OF THIS ARTICLE IV, NO APPROVAL (EXPRESS OR IMPLIED) OR CONDITIONAL APPROVAL BY THE ACC AND NO OTHER ACTION OR OMISSION OF THE ACC WILL EVER CONSTITUTE A WAIVER AS TO ANY OTHER PROVISIONS OF THIS DECLARATION OR PRECLUDE BY ESTOPPEL OR OTHERWISE FULL ENFORCEMENT THEREOF.

SECTION 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 VIII 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 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

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 ofdevelopmenttherein. WHETHER OR NOT SO STATED IN AV ARIANCEANDNOTWITHSTANDING ANYTHING IN A VARIANCE TO THE CONTRARY, A VARIANCE EXTENDS ONLY FOR THE PERIOD OF TIME DURING WHICH, AND CONTINUES TO APPLY ONLY TO THE EXTENT THAT, THE CIRCUMSTANCES WHICH FORMED THE BASIS THEREFOR 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.

SECTION 4.04 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 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.

SECTION 4.05 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

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 judgement, 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 as to any matters relating to the health, safety, workmanship or suitability for any purpose of the Regulated -12 Modification. In particular but without limitation of the foregoing, each Owner is wholly and solely responsible for compliance with all building codes and requirements · of, and all permitting and other requirements of, any governmental entity as applicable to the Owner's Lot, and no approval, conditional approval or any other act or decision of the Association, the Board, the ACC or any of their Related Parties may even be deemed a representation, warranty or guarantee regarding any such compliance. The provisions hereof are cumulative of the provisions of Section 3.06.

Article V Maintenance Fund SECTION 5.01 Obligation for Payments to Maintenance Fund.

5.01.1 Establishment ofMaintenance Fund. There is hereby established a Maintenance Fund in to which will be paid all assessments as provided for herein. The Board is responsible for the collection,

d.

5.01.1 Establishment ofMaintenance Fund. There is hereby established a Maintenance Fund in to which will be paid all assessments as provided for herein. The Board is responsible for the collection, management1 control and expenditure of the Maintenance Fund. Each Owner of a Lot, by acquisition of any rights, title or interest therein or acceptance of an executory contract of conveyance, or a deed or other instrument of conveyance therefore, whether or not so expressed therein, covenants and agrees to pay to the Association regular or annual assessments, special assessments and specific assessments, all as herein set forth.

5.01.2 Purpose of Maintenance Fund.

( a) General. The Maintenance Fund must be used for the purposes of promoting the common benefit and enjoyment of the Owners and occupants of the Subdivision, including without limitation (i) the maintenance, repair and replacement as applicable of all Community Properties (including as required by any governmental entity), (ii) providing of water and other utilities, trash collection services and other facilities and services as herein permitted or provided, (iii) payment of taxes, insurance, management, accounting and other professional fees or charges, (iv) for the establishment and funding of capital, contingency or other reserves, (v) the expenditure offunds for the benefit of other properties within the vicinity of the Subdivision if in the judgement of the Board the Subdivision will benefit thereby, (vi) the payment, performance or discharge of all obligations of the Association pursuant to this Declaration and other Governing Documents, and (vii) the doing of any other thing necessary or desirable in the opinion ofDeclarant

or discharge of all obligations of the Association pursuant to this Declaration and other Governing Documents, and (vii) the doing of any other thing necessary or desirable in the opinion ofDeclarant during the Development Period or of the Board in the furtherance of or for accomplishment of any of the foregoing The judgements of Declarant during the Development Period or of the Board regarding establishment, setting or any other matters pertaining to any assessments and as to the collection, management and expenditure of the Maintenance Fund are final and conclusive.

(b) Required Annual Contribution to Twelve Hills Nature Center. In recognition of the benefits to the property values of the Subdivision and to the Owners and residents therein, Declarant during the Development Period and the Board thereafter are hereby specifically authorized to include in the regular annual assessment an annual contribution to Twelve Hills Nature Center or its successors or assigns which are engaged in substantially the same purposes thereof (the "Nature Center"). The Nature Center is currently located at 817 Mary Cliff Road, Dallas, Texas 75208. The purposes of the Nature Center are to promote positive interaction between diverse community groups surrounding the Nature Center by facilitating and encouraging participation in the ecological stewardship of the land for the purposes of education, observation and recreation, including as provided by its walking trails and displayed of native trees, wildflowers, plants and shrubs. The initial amount of the aforesaid annual contribution is TWENTY-FIVE AND N0/100 DOLLARS ($25.00) per Lot per year. Declarant during the Development Period and the Board

ldflowers, plants and shrubs. The initial amount of the aforesaid annual contribution is TWENTY-FIVE AND N0/100 DOLLARS ($25.00) per Lot per year. Declarant during the Development Period and the Board at any time may increase the amount of the annual contribution, provided that the amount may not exceed -13 THIRTY-FIVE AND N0/100 DOLLARS ($35.00) per Lot per year unless a higher amount is approved by majority vote at any annual or special meeting of the Association.

5.01.3 Commencement and Proration; Personal Obligation; Transferees.

( a) The obligation to pay assessments commences as to each Lot upon completion of the initial sale of each Lot(as that phrase is defined in Section B2.01 of Exhibit "B" hereto). Assessments will be prorated at the time of closing on the said initial sale of each Lot, and at the time of closing on each subsequent sale of the Lot, from the first day of the month following the month in which the closing occurs.

(b) In addition to the assessment lien herein established, each assessment is the personal obligation of each Owner of the Lot charged therewith atthe time liability for the assessment accrued notwithstanding any subsequent transfer of ownership. Except as to statements of account as provided in Section 5.01.4 or as to a transferee pursuant to a lawful and valid foreclosure of a superior lien as provided in Section 5.07, each Owner's transferee, whether by purchase, gift, devise or otherwise, and whether voluntary or by operation oflaw, 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.

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.

5.01.4 Statement of Assessments. Any transferee (or prospective transferee) is entitled to a statement from the Association setting forth all assessments due as of the date of the written request as provided in Chapter 207 of the Texas Property Code. The request must be in writing, must be addressed to the Association and must be delivered by Electronic Means, 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 the same. Except for fraud or misrepresentation, if the Association fails to respond to a proper written request for a statement of indebtedness in accordance with Chapter 207 of the Texas Property Code, and upon submission of confirmation of receipt by Electronic Means, 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, and the Lot transferred is not subject to a lien for, any unpaid assessments against the Lot which have accrued prior to the date of the written request.

SECTION 5.02 Uniform Rates; Application of Payments. Subject to applicable provisions of Exhibit "B" 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,

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 or as otherwise provided in applicable Association policies, all payments receive, including payments received in consequence of judicial foreclosure, will be applied (i) first to payment of accrued interest, then to payment of accrued late charges, then to payment of compliance costs (including attorneys fees), and then to payment of all other specific assessments listed in Section 5.06.1 (ii) then to payment of all special assessments; and (iii) finally to payment of all regular assessments. Application within each category will be on a first in, first out basis.

SECTION 5.03 Base Rate and Subsequent Computation of Regular Assessments.

5.03 .I Initial Base Rate of Regular Assessments; Due Dates. The initial full base rate of the regular annual assessment for 2016 per Lot (and continuing during 2016 and thereafter unless and until modified as herein provided) is ONE THOUSAND FIVE ($1,500.00) per Lot per year. The Board has the -14 right to require regular annual assessments be paid semi-annually, quarterly or monthly, in advance (instead of annually). If the Board does so, the semi-annual, quarterly or monthly installments of regular annual assessments, as the case may be, will be rounded upward to the next dollar, and the regular annual assessment will be automatically adjusted upward by the amount of such rounding. UNLESS AND UNTIL OTHERWISE

ments, as the case may be, will be rounded upward to the next dollar, and the regular annual assessment will be automatically adjusted upward by the amount of such rounding. UNLESS AND UNTIL OTHERWISE DETERMINED BY THE BOARD AS AFORESAID, THE FULL AMOUNT OF REGULAR ANNUAL ASSESSMENTS IS DUE AND PAY ABLE ANNUALLY, IN ADVANCE, ON THE FIRST DAY OF JANUARY OF EACH CALENDAR YEAR.

5 .03 .2 Subsequent Computation of Regular Assessments. DURING THE DEVELOPMENT PERIOD, DECLARANT IS ENTITLED TO SET AND CHANGE THE ANNUAL RATE OF REGULAR ASSESSMENTS AS PROVIDED IN SECTION 5.10. Thereafter, the Board will adopt a budget at least annually to determine sums necessary and adequate to provide for the expenses of the Association for the succeeding twelve month period (including funding of capital, contingency and other reserves). The Board will set the annual rate of regular assessments based on the budget, and determine whether same will be payable annually, semi-annually, quarterly or monthly. Written notice must be given to Owners of all Lots if any change is made as to the amount of the annual rate ofregular assessment or the due date( s) for payment ·of the same at least thirty days before the initial due date for payment.

SECTION 5.04 No Waiveror 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.

SECTION 5 .05 Special Assessments. In addition to the otherassessments authorized herein, including other special assessments, the Board may levy special assessments at any time during each fiscal year for

ON 5 .05 Special Assessments. In addition to the otherassessments 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 AMOUNT OF THE REGULAR ANNUAL ASSESSMENT THEN IN EFFECT, THEBO ARD MAY IMPOSE THE SPECIAL ASSESSMENT WITHOUT VOTE ORAPPROVAL OF ANY OWNER; PROVIDED, AT LEAST THIRTY 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.

SECTION 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) Utility and Other Services. Assessments for utilities and/or other services provided by the Association, if any, to some but less than all Lots, or as to which variances among the Lots

as follows: (a) Utility and Other Services. Assessments for utilities and/or other services provided by the Association, if any, to some but less than all Lots, or as to which variances among the Lots in costs or other factors as to providing of the utilities and/or services reasonably require separate assessment, will be separately and specifically assessed to each Lot and to the Owner of each such Lot as provided in this Section.

-15 (b) Capitalization Fee. At the time of closing on the sale of each Lot, beginning with completion of the initial sale of each Lot (as defined in Section B2.01 of Exhibit "B" to this Declaration), and at the time of closing on each subsequent sale of the Lot, the purchaser must pay to the Association a "Capitalization Fee" as provided in Section 5.06.4.

( c) Interest. Interest from the due date at the rate of the lesser of eighteen percent (18%) per annum or the maximum legal rate, or such other rate or rates as from time to time determined by the Board or as set by the Association's assessment collection policies notto exceed the maximum rate allowed by law, will be charged on all delinquent assessments, annual, special or specific, as to each assessment account for each Lot which is not paid in full by the end of each month.

( d) Late Charges. A late charge in the amount of TWENTY FIVE AND N0/100 DOLLARS ($25 .00) per month, or such other reasonable amount or amounts as from time to time determined by the Board or as set by the Association's assessment collection policies, is hereby imposed as to each assessment account for each Lot which is not paid in f\1-ll by the end of each month.

(e) Compliance Costs. All expenses reasonably attributable to or incurred by

olicies, is hereby imposed as to each assessment account for each Lot which is not paid in f\1-ll by the end of each month.

(e) 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 includes, without limitation, all costs, expenses and reasonable attorneys fees incurred in connection with the judicial or nonjudicial foreclosure of the Association's assessment lien, including prosecution or defense of any claims or actions relating to any such foreclosure proceedings.

(f) 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, or to process changes of 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

ership 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 to receive payment of the applicable charge.

5.06.2 Other Utility or Special Service Assessments. Additional utility or other special services to be provided by or through the Association (such as, for example, for cable or satellite television services) may be approved by Declarant during the Development Period, and may be approved thereafter by majority vote of the Owners at any special meeting of Owners called for such purpose. NOTICE OF APPROVAL OF ANY SUCH ASSESSMENT MUST BE FILED IN THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF DALLAS COUNTY, TEXAS.

5.06.3 Facilities Maintenance and Water Usage. All toilets, faucets (including outside faucets), sinks, dishwashers, washing machines and all other plumbing, water and sewer related facilities which service a Lot and any improvements thereon, including all Owner Utilities as provided in Section 6.02.3, must be regularly inspected and property maintained at all times to prevent water leakage, excess water usage and any other waste of water. Nothing is permitted to be done and no condition is permitted to exist which may or does cause water leakage, excess water usage or waste of water. The foregoing includes without -16 limitation proper utilization and maintenance of any irrigation system for each Lot to the extent not controlled or maintained by the Association. Ifin the opinion of the Board any violation of this Section may or does

utilization and maintenance of any irrigation system for each Lot to the extent not controlled or maintained by the Association. Ifin the opinion of the Board any violation of this Section may or does exist, the Board may install, or require the Owner of the applicable Lot to install, such devices as may be reasonably required to monitor water usage, may require specific modifications, replacements and/or repairs to specific water related facilities and may take such other action as the Board deems appropriate to prevent water leakage, excess water usage and/or any other waste of water. REGARDLESS OF NEGLIGENCE, EACH OWNER rs OBLIGATED TO PAY, AS A SPECIFIC ASSESSMENT, ALL COSTS, EXPENSES AND ANY OTHER DAMAGES WHICH ARE ATTRIBUTED TO THE OWNER'S LOT REGARDING ANY WATER LEAKAGE, EXCESS WATER USAGE OR'WASTE OF WATER, EITHER TO THE ASSOCIATION AS TO ANY SUCH COSTS, EXPENSES OR DAMAGES INCURRED BY THE ASSOCIATION, OR DIRECTLY TO ANY OWNER AS TO ANY SUCH COSTS, EXPENSES OR DAMAGES INCURRED BY ANY OWNER.

5.06.4 Capitalization Fees. At the time of closing on the sale of each Lot a "Capitalization Fee" must be paid to the Association as herein provided. At the time of closing upon completion of the initial sale of each Lot (as defined in Section B2.0l of Exhibit "B" to the Declaration) an initial Capitalization Fee must be paid to the Association in the amount of SEVEN HUNDRED AND NOil 00 DOLLARS ($700.00).

At the time of closing on each subsequent sale of each Lot after completion of the initial sale a Capitalization Fee must be paid to the Association in the same amount as aforesaid, or in such other amount as from time to time set by adoption of applicable Rules and Regulations not to exceed fifty percent (50%) of the amount of

to the Association in the same amount as aforesaid, or in such other amount as from time to time set by adoption of applicable Rules and Regulations not to exceed fifty percent (50%) of the amount of the regular annual assessment in effect at the time of each subsequent sale. The buyer must pay the applicable Capitalization Fee unless otherwise agreed between buyer and seller. Capitalization Fees will be deposited in the Maintenance Fund, and may be used by the Association for general operations, funding of any reserves or as otherwise determined by the Board. Capitalization Fees are non refundable and are not to be deemed in any manner as an advance payment of any other assessments.

5.06.5 Payment; Waiver. Specific assessments are due and payable immediately upon the occurrence of the event giving rise to liability 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 Administrator, officer, agent or employee thereof, and does not constitute a waiver of the Association's 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.

SECTION 5.07 Lien for Assessments.

5 .07 .1 Establishment ofLien. All sums assessed against any Lot pursuantto this Declaration, whether by regular, special or specific assessment as provided herein, are secured by a continuing lien on such

.1 Establishment ofLien. All sums assessed against any Lot pursuantto this Declaration, whether by regular, special or specific assessment as provided herein, are secured by a continuing lien on such 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 ofrecordation of this Declaration. No further recordation of a claim oflien 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 Dallas County, Texas, written notice of default in payment of assessments applicable to one or more Lots, in such form as the Board may direct.

-17 5.07.3 Priority of Lien. The Association's continuing lien is superior to all other liens or encumbrances on each Lot except: (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 any 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 date the applicable First Lien is duly recorded in the Official Public Records of Real Property of Dallas

s (regular, special or specific) the obligation for payment of which accrues from or after the date the applicable First Lien is duly recorded in the Official Public Records of Real Property of Dallas 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 ( 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 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.

SECTION 5.08 Effect ofNonpayment of Assessments.

5 .08.1 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 required by law or unless otherwise agreed in writing by the Board, if any assessments are not paid by the due date, then: (a) late charges, interest from the due date, and all compliance costs (including

ired by law or unless otherwise agreed in writing by the Board, if any assessments are not paid by the due date, then: (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, will be added to and included in the amount of such assessment except as otherwise expressly provided in the Association's current Assessment Collection Policy as provided in Section 5.09.5 hereof; (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.

-18 5.08.3 Elective Remedies After Notice. If any assessments are not paid within thirty 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 acceleration is given and for an additional six month period thereafter, all regular assessments and all special or specific assessments (including any installment payments) due or to become due during the acceleration period; provided, the maximum period of acceleration may not

gular assessments and all special or specific assessments (including any installment payments) due or to become due during the acceleration 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 acceleration is given. All such accelerated assessments are deemed to be specific assessments as to the applicable Lot and Owner thereof.

(b) Suspension of Services. To the fullest extent allowed by law, the Association may suspend until all assessments (including all specific assessments) are paid in full, all rights of the delinquent Owner, the Owner's tenants, and the Related Parties of either, to (i) receive any and all services provided by the Association 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, 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, Including Expedited 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 for the enforcement of a mortgage, deed of trust or any other contractual lien, including foreclosure by an action

foreclose the Association's continuing lien for assessments by all methods available 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 ornonjudicially by power of sale; and (iii) a continuing power of sale in connection with the nonjudicial foreclosure of the Association's continuing lien for assessments as herein provided.

(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 conductthe 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 nonjudicial, and to acquire, hold, lease, mortgage, or convey the same.

( 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

ersonally 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 FAUL TS" 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 or the Association. The Association must indemnify Trustee and hold Trustee harmless from and against all costs, expenses, and -19 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 attorneys fees incurred by Trustee in defense of any action or proceeding taken against Trustee regarding any of the foregoing.

( d) The filing of suit to collect any sums due hereunder or to foreclose the Association's continuing 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 nonjudicial, 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.

( e) Each owner, by acquisition of any Lot within the Subdivision or right, title

remedies permitted by law, including an action for forcible detainer or eviction to be maintainable by the purchaser.

( 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 thatthe recitals in any appointment or designation of Trustee, any conveyance by the Trustee and any affidavit of the Trustee or the Association related thereto is full proof and evid~nce of the matters therein stated, that all prerequisites of the foreclosure sale are presumed to have been performed, and that the foreclosure sale made under the powers herein granted is 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.

(t) The provisions of this Section 5.08.4 are subject to Texas Property Code, Section 209.009 regarding foreclosure sales that are prohibited in certain circumstances, Section 209.0091 regarding notices to certain lienholders, and Section 209 .0092 regarding applications for expedited foreclosure and applicable rules of the Texas Supreme Court regarding the same. Without limitation of any other provisions of this Declaration or any other Governing Documents, Declarant during the Development Period or the Board thereafter are hereby specifically authorized to amend Section 5.08 in any manner deemed necessary or appropriate as regarding or to conform to applicable provisions or requirements of the Texas Property Code and/or applicable rules pertaining hereto without the joinder or consent of any Owner or any other Person.

5.08.5 Extinguishment oflnferior Liens. Foreclosure of the Association's continuing lien

Code and/or applicable rules pertaining hereto without the joinder or consent of any Owner or any other Person.

5.08.5 Extinguishment oflnferior 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 5.07.3) as to the affected Lot.

The foregoing applies to judicial and nonjudicial foreclosure of the Association's continuing lien for assessments regardless of whether or notthe 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.

SECTION 5.09 Miscellaneous Provisions.

5 .09 .1 Effect ofF oreclosure or Bankruptcy. The effect of judicial or nonjudicial foreclosure of a lien 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 -20 acceptance of a deed in lieu as aforesaid does not relieve the fonner Owner from the personal obligation for payment of assessments due as of the Discharge Date, but does release the Association's continuing assessment

ed in lieu as aforesaid does not relieve the fonner 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 is also relieved from any obligation for payment of assessments due prior to the Discharge Date, but is 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 "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 or 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 of the applicable Lot within Subdivision within two 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 a fraudulent transfer under Chapter 24 of the Texas

grantee under the deed in lieu of foreclosure, or any successor in title to such purchaser or grantee and the reacquisition of ownership constitutes a fraudulent transfer under Chapter 24 of the Texas Business and Commerce Code or 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.

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 off-set, 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 Board, 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 Board, the ACC, or any of their Related Parties, or (iv) by reason of any action taken by Declarant, the Association, the Board, 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. ·

r 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. · 5.09.5 Assessment Collection Policies. The Association will adopt assessment collection policies consistent with this Declaration and in accordance with the Texas Property Code, including Sections 209 .0059, 209 .0062 and 209 .0063 of the Texas Property Code. The initial Association Assessment Collection Policy will be adopted by Declarant. Declarant during the Development Period and the Board at any time may from time to time· adopt and amend such other assessment collection policies as either may deed to be necessary or appropriate, including with regard to or concerning the Association Assessment Collection Policy as initially adopted by Declarant.

SECTION 5 .10 DeclarantAuthority and Exemption as to Assessments. NOTWITHSTANDING ANY OTHER PROVISIONS HEREOF, ALL PROVISIONS SET FORTH IN EXHIBIT "B" HERETO APPLY REGARDING DECLARANT'S AUTHORITY AND EXEMPTIONS AS TO ASSESSMENTS.

-21 Article VI Maintenance; Casualty Losses SECTION 6.01 Association Maintenance Responsibilities.

6.01.1 GeneralAssociation Maintenance. The Association will maintain, repair and replace all Community Properties and Subdivision Facilities, and keep the same in good repair. This maintenance includes, without limitation, maintenance, repair, and replacement of all landscaping, irrigation and other improvements situated on any real property which is a part of the Community Properties and/or Subdivision Facilities.

6.01.2 Lawn/Landscaping Maintenance.

(a) Subject to the below provisions the Association will provide general and

al property which is a part of the Community Properties and/or Subdivision Facilities.

6.01.2 Lawn/Landscaping Maintenance.

(a) Subject to the below provisions the Association will provide general and routine lawn and landscape maintenance for all yard areas of each Lot which are not enclosed by Lot Fencing (as defined in Section 7.12) or any other fencing, excluding from such maintenance without limitation the backyard and courtyard areas as to such Lot. Subject to the below provision the aforesaid maintenance will include the following: (i) cut and edge the lawn, (ii) weedeat, trim and generally maintain beds, (iii) trim and generally maintain shrubs and small trees up to six feet (6') in height, (iv) routine fertilization oflawns and beds, and (v) routine pest treatment of lawns and beds.

(b) Each Owner must provide proper access for all lawn and landscape maintenance by the Association as provided in Section 6.01.4. Any Owner who does not provide proper access must pay as a specific assessment all increased costs or expenses caused thereby, directly or indirectly, or the Association may elect not to provide any lawn or landscape maintenance due to lack of proper access in which case the applicable Owner must promptly and properly perform the maintenance at such Owner's sole cost and expense.

( c) The obligations of the Association pursuant to this Section are limited to general and routine maintenance of lawn and landscape areas as herein provided. Specifically, but without limitation, lawn or landscape maintenance by the Association will not include (i) any type of treatment or control as to termites, carpenter bees or any similar type of wood infestation or other infestations not specific

landscape maintenance by the Association will not include (i) 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, treatment or control as to wasp or bee hives, mice, rats, squirrels or any other type of rodent, vermin or pests), or (ii) any exotic landscaping installed by any Owner (whether or not approved), or (iii) replacement of any lawn or landscaping, irrigation system or any other improvements upon any Lot due to disease, freezing, hail, hurricane or any other storm, or due to any other weather conditions, or which may be caused or necessitated by any other cause, casualty or condition, or (iv) providing to any individual Lot of any lawn or landscaping maintenance that is substantially greater than as generally provided throughout the Subdivision. The Association may from time to time provide any of the foregoing maintenance. In such event all costs thereof may be specifically assessed to the Owner of the applicable Lot and/or the Association may require advance payment of all such costs.

(d) ALL LAWN AND LANDSCAPING MAINTENANCE THAT IS NOT PROVIDED BY THE ASSOCIATION AS TO EACH LOT IS THE SOLE RESPONSIBILITY OF THE OWNER OF EACH LOT, INCLUDING AS PROVIDED IN SECTION 6.02. THE FOREGOING INCLUDES THE OBLIGATION OF EACH OWNER TO PROPERLY UTILIZE AND MAINTAIN ANY IRRIGATION SYSTEM FOR THE OWNER'S LOT, INCLUDING AS PROVIDED IN SECTION 5.06 REGARDING FACILITIES MAINTENANCE AND WATER USAGE.

-22 (e) No lawn or landscaping may be removed, added to or changed as to, and nothing else may be done within, any area maintained by the Association which may or does increase the

AND WATER USAGE.

-22 (e) No lawn or landscaping may be removed, added to or changed as to, and nothing else may be done within, any area maintained by the Association which may or does increase the Association's cost or expenses of maintenance or services without the prior written approval ofDeclarant or the Board. Whether or not approved, the Association may specifically assess any such added cost or expense of maintenance or services to the responsible Owner(s). The foregoing also includes without limitation specific assessment of any added costs or expenses resulting from any damage to or improper use or maintenance of any irrigation system.

(t) DECLARANTDURINGTHEDEVELOPMENTPERIODOR THE BOARD AT ANY TIME MAY SPECIFICALLY ASSESS THE OWNERS OF INDIVIDUAL LOTS TO COVER ADDED COSTS OR EXPENSES TO PROVIDE LAWN OR LANDSCAPE MAINTENANCE, OR TO PROVIDE IRRIGATION AS APPLICABLE, DUE TO FACTORS UNIQUE TO INDIVIDUAL LOTS.

SUCH FACTORS MAY INCLUDE WITHOUT LIMITATION LOT SIZE OR CONFIGURATION, OR OTHER FACTORS WHICH INCREASE COSTS OR EXPENSES INCURRED BY THE ASSOCIATION TO PROVIDE LAWN OR LANDSCAPE MAINTENANCE TO ONE OR MORE BUT LESS THAN ALL LOTS.

(g) UPON NOT LESS THAN THIRTY DAYS NOTICE TO ALL OWNERS THE BOARD MAY CHANGE THE SPECIFIC AREA OR AREAS OF EACH LOT TO BE MAINTAINED AS PROVIDED IN SUBSECTION (a) ABOVE. WITHOUT NOTICE, BY CONTRACT WITH A LAWN/LANDSCAPE SERVICE OR BY OTHER DIRECTIVES TO ANY SERVICE PROVIDER DECLARANT OR THE BOARD ARE FULLY AUTHORIZED TO DETERMINE THE SPECIFICS AS TO OR TO OTHERWISE SUPPLEMENT OR CHANGE ANY OF THE LAWN OR LANDSCAPE MAINTENANCE SERVICES TO BE PROVIDED AS STATED IN SUBSECTION (a) ABOVE THE BOARD IS ALSO SPECIFICALLY AUTHORIZED TO AMEND ANY PROVISIONS OF THIS SECTION

UPPLEMENT OR CHANGE ANY OF THE LAWN OR LANDSCAPE MAINTENANCE SERVICES TO BE PROVIDED AS STATED IN SUBSECTION (a) ABOVE THE BOARD IS ALSO SPECIFICALLY AUTHORIZED TO AMEND ANY PROVISIONS OF THIS SECTION (INCLUDING SUBSECTION (a) ABOVE) AT ANY TIME, FROM TIME TO TIME AND IN ANY MANNER BY ADOPTION OF APPLICABLE ARCHITECTURAL GUIDELINES AND/OR RULES AND REGULATIONS, INCLUDING FULL AUTHORITY TO ELIMINATE, EXPAND, MODIFY, REPLACE, REMOVE OR IN ANY OTHER MANNER TO CHANGE ON A UNIFORM BASIS ANY AND ALL LAWN OR LANDSCAPING MAINTENANCE TO BE PROVIDED (OR NOT PROVIDED) BY THE ASSOCIATION.

(h) DECLARANT AND THE ASSOCIATION DO NOT REPRESENT, GUARANTEE OR WARRANT THE VIABILITY, TYPE, QUALITY, QUANTITY OR CONTINUED EXISTENCE OF ANY LAWN OR LANDSCAPING WITHIN OR IN THE VICINITY OF THE SUBDIVISION OR UPON ANY LOT, ORANYMAINTENANCEREGARDINGTHE SAME. NO OWNER OR OTHER PERSON WILL EVER HA VE ANY CLAIM WHATSOEVER AGAINST DECLARANT OR THE ASSOCIATION OR ANY OF THEIR RELATED PARTIES REGARDING, DIRECTLY OR INDIRECTLY, ANY LAWN OR LANDSCAPING, OR ANY MAINTENANCE TO BE PROVIDED (OR NOT PROVIDED) AS TO THE SAME.

6.01.3 Subdivision Infrastructure.

(a) General. Subject to Section 6.02.3 and to any other provisions hereof regarding maintenance by Owners, and to the extend not otherwise maintained by any governmental or quasi­ governmental authority or utility provider, the Association will maintain, repair and replace (i) the Shared Drives as designated in Section 2.05, (ii) all streetlights and interior traffic control devices within the Shared Drives, (iii) all parking areas within or adjacent to the Shared Drives and (iv) all pipes, lines, wires, conduits, valves, manholes, and other components, equipment, devices or facilities which are an integral part of any of -23 -

within or adjacent to the Shared Drives and (iv) all pipes, lines, wires, conduits, valves, manholes, and other components, equipment, devices or facilities which are an integral part of any of -23 the foregoing, all of which are herein referred to as the "Subdivision Infrastructure." The Subdivision Infrastructure also includes performance and payment of all costs and expenses regarding compliance with applicable governmental ordinances, rules or regulations, including applicable bonding, permitting and inspection requirements and costs.

(b) Incorporation of Dallas Shared Access Agreement. Without limitation of subsection (a) above, the Association and all Owners are subject to and agree to abide by all provisions as applicable of each of those certain instruments entitled "Shared Access Easement and Private Land Use Restrictions" heretofore filed under Clerk's Document Nos. 201500063172 and 201500063183, Official Public Records of Real Property of Dallas County, Texas, as amended. The foregoing includes without limitation maintenance, repair and replacement of the Shared Drive and all other improvements located within the "Shared Access Easement Area" as so designated on the Plat and as defined in and to the extent required by the aforesaid instrument.

6.01.4 Other Facilities or Services. The Association will 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 governmental entities with the authority to require any such maintenance, such maintenance to be in accordance with applicable contracts, agreements, ordinances, rules, regulations and

y other similar governmental entities with the authority to require any such maintenance, such maintenance to be in 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 contracts or agreements. The Owners may also approve providing of other Subdivision Facilities, including other services to be provided through the Association, and including special service assessments as provided in Section 5.06.2, by majority vote at any special meeting of the Owners called for that purpose.

6.01.5 Access: Cooperation. Each Owner, tenant and their Related Parties must afford to the Association and its Related Parties access upon, above, under and across the Owner's Lot and must 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, tenant and their Related Parties must promptly comply with all policies, decisions and directives ofDeclarant or the Association as to access and in all other respects as is reasonably necessary for the Association to promptly and properly perform any such maintenance, repair, reconstruction or replacement.

6.01.6 Owner's Liability for Payment of Association Costs. Each Owner, tenant, and their

r the Association to promptly and properly perform any such maintenance, repair, reconstruction or replacement.

6.01.6 Owner's Liability for Payment of Association Costs. Each Owner, tenant, and their Related Parties, are expressly prohibited from doing anything which could or does (i) increase the Association's costs of insurance or result in cancellation or diminution in insurance coverage, (ii) cause damage to any Community Properties, including any Subdivision Facilities, or (iii) increase costs of maintenance, repair, replacement, management, operation or discharge of any other obligations of the Association regarding the Community Properties, including any Subdivision Facilities, or any other areas maintained by the Association. Regardless of availability of insurance coverage, the Association may charge to each responsible Owner, as a specific assessment, all increased costs and all other damages resulting, directly or indirectly, from the acts or omissions of an Owner, tenants, or their Related Parties, in violation of the foregoing provisions.

-24 SECTION 6.02 Owner Maintenance Responsibilities.

6.02.1 General; Interior Maintenance. Except as otherwise herein expressly provided, all maintenance, repair and replacement of and as to 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 may be more specifically determined by this Declaration and other Governing Documents, including as determined from time to time by duly adopted Architectural Guidelines and Rules and Regulations. Without limitation of

ically determined by this Declaration and other Governing Documents, including as determined from time to time by duly adopted Architectural Guidelines and Rules and Regulations. Without limitation of the foregoing, each Owner must properly maintain, at each Owner's sold cost and expenses, the interior of the Owner's residence and garage, including all fixtures, equipment, appliances, things and devices located therein.

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

6.02.2 Residences and Other Improvements. Each Owner must maintain the exterior ofeach 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, bricks, siding, roofs, exterior walls, driveways, parking areas and all other exterior portions of the Owner's residence and garage. Without limitation of the foregoing, each Owner must provide proper repair and maintenance as and when needed as follows (the term "residence" includes garage, as applicable): (a) 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 OF A RESIDENCE AS ORIGINALLY CONSTRUCTED (INCLUDING AS TO THE ORIGINAL EXTERIOR PAINT COLOR OR COLORS OR THE CONFIGURATION OF THE COLORS)IS PERMITTED WITHOUT PRIOR WRITTEN APPROVAL FROM THE ACC.

(b) The windows must be maintained so that no caulking thereon is chipped or

EXTERIOR PAINT COLOR OR COLORS OR THE CONFIGURATION OF THE COLORS)IS PERMITTED WITHOUT PRIOR WRITTEN APPROVAL FROM THE ACC.

(b) The windows must be maintained so that no caulking thereon is chipped or cracked and no window panes are cracked or broken. All windowsills, door jams and thresholds, framing and trim for all windows and exterior doors and all hinges, latches, locks and all other hardware which are part of and/or necessary to the proper functioning of all windows and exterior doors must be maintained so that all remain whole, sound, in a neat and attractive condition and fully operational.

( c) All exterior doors, including garage doors, must be maintained, repaired, replaced and/or repainted as needed to prevent an unkept 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) All exterior surfaces on each Owner's residence, including siding, brick, stone and stucco, as applicable, must be properly maintained at all times.

(e) All exterior surfaces of each Owner's residence, including the roof and all walls, windows and exterior doors, must be periodically cleaned as needed to prevent mold, mildew or other discoloration.

(f) The roof on each Owner's residence must be maintained to prevent sagging, to prevent leaks, so that all shingles, tiles or slates are properly secured, curled shingles or damaged shingles, -25 tiles or slates 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 roof may not be changed

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 roof may not be changed by any such maintenance without the express written approval of the ACC.

(g) 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 may be), are maintained without holes, and are promptly repaired or replaced if dented or otherwise damaged.

(h) All concrete areas on each Owner's Lot, including sidewalks and driveway, must be maintained so that all cracks are appropriately patched or surfaced as they appear, expansion joints are maintained, repaired or replaced, as needed, and oil, grease and other stains are removed as they appear, and all such areas must be kept free of weeds, grass or other vegetation.

(i) All fences or walls erected on each Owner's Lot must be maintained to prevent any listing or leaning, and all broken or damaged members and all holes and cracks must be repaired so that no portion thereof is permitted to rot or decay, and as otherwise provided in Section 8.06. PAINTING OR STAINING OF WOODEN FENCES IS PROHIBITED UNLESS APPROVED IN WRITING BY THE ACC.

(j) 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 unkept condition, including for example but without limitation, proper maintenance of swing sets to prevent rust and corrosion, and proper maintenance of basketball goals to prevent rust and corrosion and by replacement as needed of tom or worn nets.

t limitation, proper maintenance of swing sets to prevent rust and corrosion, and proper maintenance of basketball goals to prevent rust and corrosion and by replacement as needed of tom or worn nets.

6.02.3 Owner Utilities and Easements.

(a) The provisions of this Section applyto all "Owner Utilities" as defined below save and except to the extent the Association is expressly required by this Declaration to provide such maintenance or to the extent maintenance any Owner Utilities are provided and actually performed by any governmental entity or utility company.

(b) 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 or 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 exclusively service the Owner's Lot (the "Owner Utilities"), regardless of the location of the Owner Utilities.

( c) 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.

( d) 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 will be specifically assessed to the applicable Owner(s).

-26 -

ement regarding any Owner Utilities to the extent and in such manner as from time to time determined by the Board, but all costs thereof will be specifically assessed to the applicable Owner(s).

-26 ( e) 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 AND THE COMMUNITY PROPERTIES ARE SUBJECT TO BLANKET EASEMENTS FOR PURPOSES OF CONTINUING MAINTENANCE OF ALL SUCH UTILITY LINES, DEVICES AND RELATED FACILITIES, INCLUDING REGARDING "A/C UNITS" AND AS OTHERWISE PROVIDED IN SECTION 9.05, AND FOR MAINTENANCE, REPAIR, RECONSTRUCTION AND REPLACEMENT OF THE SAME BY THE APPLICABLE OWNER AND SUCH OWNER'S RELATED PARTIES.

6.02.4 Landscaping. 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 properly irrigated and otherwise properly maintained by and at the sole cost of the .Owner of each Lot at all times in accordance with the seasons This maintenance includes without limitation all maintenance as is reasonably necessary to obtain and 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

ssary to obtain and 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, including regular mowing and edging of grass, and, if any grass or shrubs become diseased or die, prompt replacement thereof with grass or shrubs of like kind and quality. IN ANY CASE WHERE A LOT ABUTS A STREET, THE OWNER MUST IRRIGATE AND MAINTAIN ALL LANDSCAPING TO THE STREET CURB REGARDLESS OF WHETHER THE LOT LINE IN FACT EXTENDS TO THE STREET CURB, IF AND TO THE EXTENT ANY SUCH AREA IS NOT MAINTAINED BY THE ASSOCIATION.

6.02.5 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. 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

dation 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.

6.02.6 Adjacent or Adjoining Owners. No Owner or their tenant will allow any condition to exist or fail or neglect to provide any maintenance which materially and adversely affects any adjoining or adjacent Lot, any Community Properties, or any improvements on any such Lot or the Community Properties.

6.02.7 Disturbance of Community Properties. In the event the performance of any Owner's maintenance responsibilities requires that any portion of the Community Properties be modified, removed or disturbed, then such Owner must first obtain the written consent of the ACC as to same. All such work must be performed, at the option of the Association, either under the supervision of the Association in accordance with plans and specifications approved by the ACC, or by the Association at the reasonable expense of the Owner. If the Association performs the work at the expense of the Owner, the ACC may require a security deposit or advance payment of all of the estimated expenses which the Owner must pay upon demand. Such -27 indebtedness will be added to and become a part of the specific assessment to which such Owner and the Owner's Lot are subject, and is secured by the continuing lien hereby established against such Owner's Lot.

6.02.8 Dispute Resolution Among Owners.

( a) Any disputes among Owners regarding any rights or responsibilities pursuant to this Article may be submitted in writing to the Board. The Board also has full authority to direct submission

wners.

( a) Any disputes among Owners regarding any rights or responsibilities pursuant to this Article may be submitted in writing to the Board. The Board also has full authority to direct submission of any dispute to the Board in writing. After notice and opportunity to be heard, the Board has full authority to resolve all such disputes, and its decisions as to same are final. The Board's authority includes without limitation the right and authority (i) to direct the completion of any maintenance, repair or replacement and to allocate costs thereof among the disputing Owners, (ii) to authorize one of the disputing Owners or a third party to control the completion of the maintenance, repair or replacement, (iii) to order the disputing Owners to mediation or arbitration through a county dispute resolution center or similar organization or under the Rules of the American Arbitration Association, and (iv) to allocate among the disputing Owners all costs of the maintenance, repair or replacement and all costs (including attorney's fees) incurred in the dispute resolution process.

(b) Each disputing Owner must pay their allocated share of compliance costs (including attorney's fees) within thirty days after receipt of a statement for payment thereof. A final costs statement may be submitted by the Board or may be submitted by disputing Owners to the Board for resolution as above provided. If any Owner fails to pay their allocated costs as aforesaid, all such costs will automatically be assessed as a specific assessment against the defaulting Owner as provided in Section 5.06. If one Owner has prepaid allocated costs of another and the prepaid sum is later collected by the Association, that sum

a specific assessment against the defaulting Owner as provided in Section 5.06. If one Owner has prepaid allocated costs of another and the prepaid sum is later collected by the Association, that sum (without interest if any) will be reimbursed to the Owner who prepaid same. All rights and remedies under this Section are cumulative.

SECTION 6.03 Right of Entry and Inspection; Owner's Default.

(a) In the event the Board determines that ( i) an Owner may have or has failed or refused to discharge properly the Owner's maintenance obligations as provided in this Article, or (ii) the need for maintenance, repair, or replacement which is the responsibility of the Association hereunder may have or has been caused through the willful or negligent act or omission of an Owner, the Owner's tenants, or their respective Related Parties, then the Association may conduct inspections of any affected Lot, the exterior of the residence and all other buildings thereon, and all other structures and improvements thereon (a "Compliance Inspection") and/or perform the repair, replacement or maintenance (the "Required Work") in accordance with this Section.

(b) The Association must give written notice ofintentto conduct a Comp Hance Inspection and/or to perform Required Work. The notice may be given by posting on the front door of the residence at the applicable Lot regardless of any other address maintained by the Owner, or in any other manner permitted by Section 10.05. Except in the case of an "emergency" ( as defined in Section 9.03.2), the notice must give the applicable Owner not less than ten days to schedule a Compliance Inspection and/or to perform Required Work ( or to commence and thereafter proceed with diligence to completion of Required Work which cannot

able Owner not less than ten days to schedule a Compliance Inspection and/or to perform Required Work ( or to commence and thereafter proceed with diligence to completion of Required Work which cannot be reasonably completed in ten days), failing which the Association may proceed without further notice. In the case of an emergency the Association may proceed immediately with any Required Work as either deems necessary to abate the emergency, but will thereafter proceed as aforesaid.

( c) All costs and expenses of conducting a Compliance Inspection as to which a violation is determined to exist and all costs and expenses of Required Work performed by the Association will be -28 assessed against the applicable Lot and the Owner thereof as a specific assessment which must be paid within ten days after notice of same is given to the applicable Owner. The good faith determination by the Board as to the need for a Compliance Inspection and as to all aspects of Required Work is final and conclusive, and extends to any thing or condition as to such Lot or which adversely affects any other Lot or Community Properties. The Association, the Board and their Related Parties are not liable for trespass or any other tort or claim for damages in connection with any actions or failure to act pursuance to this Section.

SECTION 6.04 Casualty Losses -Association Responsibilities. Except as hereafter provided, in the event of damage by fire or other casualty to the Community Properties or regarding any other matters as to which the Association has an obligation to maintain pursuant to this Declaration or other Governing Documents, or if any governmental authority requires any repair, reconstruction or replacement as to same,

the Association has an obligation to maintain pursuant to this Declaration or other Governing Documents, or if any governmental authority requires any repair, reconstruction or replacement as to same, the Association must perform all repairs, reconstruction or replacement necessitated thereby (the "Casualty Work"). The Casualty Work must be such as will substantially restore the Community Properties to its condition prior to the casualty or as required by the governmental authority. Any insurance proceeds payable as to the Casualty Work must be paid to the Association. Except for Casualty Work which is required by any governmental authority, the Owners may agree not to perform any Casualty Work. Any decision not to perform Casualty Work must be submitted to the Owners at a special meeting of Members called for that purpose, and must be approved by affirmative vote of the Owners of not less than a majority of all Lots then contained in the Subdivision.

SECTION 6.05 Casualty Losses -Owner Responsibilities.

6. 05 .1 Required Repair; Permitted Removal. Whether ornot insured, in the event of damage, casualty loss or other destruction to all or any portion of a residence, garage, building, structure or other improvement (a "Damaged Improvement") the Damaged Improvement must be repaired, reconstructed or replaced in its entirety, or it must be demolished and removed as hereafter provided.

6.05.2 Manner of Repair or Removal. All repair, reconstruction or replacement of any Damaged Improvement must be performed in such manner as to restore the Damaged Improvement to substantially the same exterior dimensions and appearance (including as to color, type and quality of materials

ed Improvement must be performed in such manner as to restore the Damaged Improvement to substantially the same exterior dimensions and appearance (including as to color, type and quality of materials and as to architectural style and details) as, and must be located in substantially the same location as, when the Damaged Improvement was originally constructed, or to such other appearance and condition as approved by the ACC. If any Damaged Improvement is not repaired, reconstructed or replaced as aforesaid, then the Damaged Improvement must be removed in its entirety from the Lot and the Subdivision, including removal of any foundation, and all other restoration work must be performed, including grading and sodding, as is required such that after demolition and removal Prevailing Community Standards are maintained as determined by the ACC.

6.05.3 Time Limits. All work regarding a Damaged Improvement must be completed within one hundred twenty days as to a residence, including appurtenant garage, and within sixty days as to any other Damaged Improvement, after the date of occurrence of the damage, casualty loss or other destruction; or, where such work cannot be completed within the applicable period of time, the work must be commenced within such period and completed within a reasonable time thereafter. In all events, all such work must be completed within one hundred eighty days as to a residence, including appurtenant garage, and within ninety days as to any other Damaged Improvement after the date of occurrence of the damage, casualty loss or other destruction unless, for good cause shown, a longer period is approved by the ACC.

-29 6.05.4 Utilities. Notwithstanding any other provisions hereof to the contrary, and whether

asualty loss or other destruction unless, for good cause shown, a longer period is approved by the ACC.

-29 6.05.4 Utilities. Notwithstanding any other provisions hereof to the contrary, and whether or not insured, any damage or destruction to utility lines or other facilities which disrupt or interfere with utility services to any other Lot, residence, Community Properties or Subdivision Facilities must be repaired or replaced as soon as practical. All due diligence must be exercised to complete all such repairs or replacements, including installation of temporary utility lines or other temporary facilities pending completion of the repairs and/or replacements if necessary to prevent disruption of utility services to any other Lot, residence, Community Properties or Subdivision Facilities.

6.05.5 ACC Approval Required. The provisions of Article IV apply to all work and to any other activities pursuant to the requirements of this Section.

SECTION 6.06 Owner Insurance.

6.06.1 General. The Owner of each Lot must maintain personal liability insurance and all­ risk property and casualty insurance as required by this Section, and of such types and forms, in such amounts and with such deductibles, limits and other terms as from time to time established by applicable Rules and Regulations. In order to more fully effectuate the provisions hereat:, the Board is also specifically authorized by applicable Rules and Regulations to alter, amend, repeal or revise any provisions of this Section (including all subparts) without the joinder or consent of any Owner or any other Persons. NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISIONS OF THIS SECTION, THIS DECLARATION OR ANY OTHER GOVERNING DOCUMENTS (I) OBTAINING OF LIABILITY AND PROPERTY INSURANCE

y Owner or any other Persons. NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISIONS OF THIS SECTION, THIS DECLARATION OR ANY OTHER GOVERNING DOCUMENTS (I) OBTAINING OF LIABILITY AND PROPERTY INSURANCE REGARDING AND FOR EACH LOT AND ALL IMPROVEMENTS THEREON (INCLUDING RESIDENCES AND APPURTENANT STRUCTURES AND THE CONTENTS THEREOF) IS THE SOLE RESPONSIBILITY OF THE OWNER THEREOF, (II) DECLARANT, THE ASSOCIATION, THE BOARD ANDTHEIRRELATEDPARTIESMAKENOREPRESENTATIONWHATSOEVERTHATTHELIMITS OR FORMS OF INSURANCE REQUIRED BY THIS SECTION OR THAT COMPLIANCE IN ANY OTHER RESPECT WITH THE PROVISIONS HEREOF WILL BE ADEQUATE FOR ANY PURPOSE, AND (III) DECLARANT, THE ASSOCIATION, THE BOARD AND THEIR RELATED PARTIES HA VE NO OBLIGATION WHATSOEVER TO CONFIRM COMPLIANCE BY ANY OWNER WITH ANY PROVISIONS OF THIS SECTION, OR TO ACT ON BEHALF OF ANY OWNER AS TO OBTAINING OF ANY INSURANCE OR OTHERWISE COMPLYING WITH ANY PROVISIONS OF THIS SECTION OR TO OTHERWISE ASSUME ANY RESPONSIBILITY REGARDING THE FOREGOING.

6.06.2 Required Coverage. At a minimum, the Owner of each Lot must obtain property insurance to insure the residential dwelling thereon, and all fixtures, equipment and other improvements pertaining thereto. Said dwelling coverage must be on a current replacement cost basis in an amount of not less than ninety percent (90%) of the insurable value against risks ofloss or damage by fire and other hazards as are covered by standard extended all-risk coverage, with demolition endorsement ( or equivalent), and must include coverage against (i) fire and lightning, (ii) smoke, (iii) windstorm, hurricane and hail, (iv) explosion, (v) aircraft and vehicles, (vi) vandalism, malicious mischief and theft, (vii) riot and civil commotion, (viii)

(i) fire and lightning, (ii) smoke, (iii) windstorm, hurricane and hail, (iv) explosion, (v) aircraft and vehicles, (vi) vandalism, malicious mischief and theft, (vii) riot and civil commotion, (viii) collapse of building in whole or in part, (ix) accidental discharge, leakage or overflow of water or steam from within a plumbing, heating or air conditioning system or household appliance, (x) falling objects, (xi) freezing and (xii) flood insurance, if applicable.

6.06.3 Coverage Periods, Policy Provisions. Dwelling coverage as required by this Section must be obtained effective as of the date of acquisition of ownership by an Owner, and must remain continuously in effect through the date of acquisition of ownership by each succeeding Owner. Each policy must to the extent obtainable (i) waive any rights of the insurer to subrogation against Declarant, the Association and their Related Parties, (ii) provide primary coverage in the event of any other coverage under -30 other insurance carried by Declarant, the Association or their Related Parties, and (iii) upon written request by the Association, provide that the insurer may not cancel or refuse to renew the policy until at least thirty days written notice is given to the Association.

6.06.4 Proof of Coverage; Default. At the time of acquisition of any and all coverage required by this Section or applicable Rules and Regulations and at the time of each renewal, a policy declaration signed by the insurer and setting forth the types of coverage, endorsements, deductibles and limits must be delivered to the Association. In addition, at any other time the Board deems appropriate and upon not less than five days written notice, the Board may require any Owner to provide to the Association proof of

d to the Association. In addition, at any other time the Board deems appropriate and upon not less than five days written notice, the Board may require any Owner to provide to the Association proof of insurance as required by this Section and any applicable Rules and Regulations in such manner and form as the Board may require. If in the sole opinion of the Board satisfactory proof ofinsurance is not provided, the Association may obtain (but has no obligation whatsoever to obtain) the required coverage on behalf of the Owner and assess as a specific assessment all premiums and all other costs and expenses related thereto to the defaulting Owner.

SECTION 6.07 Association Insurance. To the extent reasonably available, the Association will maintain property insurance on all insurable Community Properties insuring against all risk of direct physical loss commonly insured against, including fire and extended coverage, in a total amount of at least eighty percent of the replacement cost or actual cost value of the insured property, comprehensive liability insurance, including medical payments insurance, libel, slander, false arrest and invasion of privacy coverage, and errors and omissions coverage, in amounts determined by the Board and covering all occurrences commonly insured against for death, bodily injury, and property damage, and such other insurance as the Board deems appropriate. The Board will determine appropriate deductibles for all insurance policies. DECLARANT, THE ASSOCIATIONANDTHEIRRELATEDPARTIESARENOTLIABLEFORFAILURETOOBTAINANY INSURANCE COVERAGE OR TO OTHERWISE COMPLY WITH ANY OTHER PROVISIONS OF THIS ARTICLE VI REGARDING THE SAME IF SUCH FAILURE IS DUE TO UNAVAILABILITY OR TO EXCESSIVE COSTS AS DETERMINED IN THE SOLE GOOD FAITH OPINION OF DECLARANT OR

RWISE COMPLY WITH ANY OTHER PROVISIONS OF THIS ARTICLE VI REGARDING THE SAME IF SUCH FAILURE IS DUE TO UNAVAILABILITY OR TO EXCESSIVE COSTS AS DETERMINED IN THE SOLE GOOD FAITH OPINION OF DECLARANT OR THE BOARD, OR FOR ANY OTHER REASON BEYOND THE REASONABLE CONTROL OF DECLARANT OR THE BOARD. The Board is specifically authorized from time to time to adopt and amend policies, procedures and any other Rules and Regulations to more fully effectuate the purposes and intent of the provisions of this Article VI.

SECTION 6.08 Dampness and Humidity. OWNERS AND OCCUPANTS ARE ADVISED THAT THE CONTINUED PRESENCE OF MOISTURE ON COMPONENTS OF THE RESIDENCE (FROM LEAKS, CONDENSATION, SPILLS,ETC.) CAN CAUSE THE PROPAGATION OF MOLD, WHICH MAY CAUSE ALLERGENIC REACTIONS AND OTHER HEALTH PROBLEMS IN SOME INDIVIDUALS.

EACH OWNER AND THEIR RELATED PARTIES ARE RESPONSIBLE FOR IMPLEMENTING AND MAINTAININGANINSPECTIONANDMAINTENANCEPROGRAMFORTHEIDENTIFICATIONAND ELIMINATION OF MOISTURE IN THE RESIDENCE THAT COULD GIVE RISE TO THE GROWTH OF MOLD OR OTHER CONDITIONS DETRIMENTAL TO FUNCTIONING OF THE RESIDENCE OR THE HEALTH OF ITS OCCUPANTS, INCLUDING WITH REGARD TO ANY LEAKS, WET SPOTS OR DAMPNESS BROUGHTON BY PLUMBING FITTINGS ON APPLIANCES (DISHWASHERS, WASHING MACHINES, ICE MAKERS, ETC.), AND/OR CONDENSATION ON OR ABOUT WINDOWS, DOORS, ANDAIR-CONDITIONINGDUCTS.ADDITIONALLY,AFTERCOMPLETIONOFTHEINITIALSALE OF EACH LOT (AS DEFINED IN SECTION B2.01 OF EXHIBIT "B" HERETO), ALL OWNERS, MUST PERIODICALLY RUN THE AIR CONDITIONING SYSTEM TO MAINTAIN THE TEMPERATURE OF THE RESIDENCE, WHETHER OR NOT OCCUPIED, AT NO WARMER THAN IS REASONABLY NECESSARY TO MINIMIZE HUMIDITY IN THE RESIDENCE. OWNERS AND THEIR RELATED PARTIES ARE SOLELY RESPONSIBLE AND LIABLEFORANYDAMAGES ORPERSONALINJURIES -31 -

NOT OCCUPIED, AT NO WARMER THAN IS REASONABLY NECESSARY TO MINIMIZE HUMIDITY IN THE RESIDENCE. OWNERS AND THEIR RELATED PARTIES ARE SOLELY RESPONSIBLE AND LIABLEFORANYDAMAGES ORPERSONALINJURIES -31 CAUSED BY FAILURE TO PROPERL YIMPLEMENT ORMAINTAINTHE AFORESAID INSPECTION AND MAINTENANCE PROGRAM. THE ACC IS SPECIFICALLY AUTHORIZED TO ESTABLISH DAMPNESS AND HUMIDITY ARCHITECTURAL GUIDELINES, INCLUDING WITHOUT LIMITATION, STANDARDS AS TO WALL COVERINGS AND PAINTS, AND WITH REGARD TO MAINTENANCE OF AIR SPACE AND AIR MOVEMENT, AND TO REQUIRE SPECIFIC MAINTENANCE AND REPAIR IN CONJUNCTION THEREWITH. WHILE THE FOREGOING ARE INTENDED TO MINIMIZE THE POTENTIAL DEVELOPMENT OF MOLDS, FUNGI, MILDEW, AND OTHER MYCOTOXINS, EACH OWNER UNDERSTANDS AND AGREES THAT THERE IS NO METHODFORCOMPLETELYELIMINATINGTHEDEVELOPMENTOFMOLDSORMYCOTOXINS.

DECLARANTMAKESNOREPRESENTATIONOR WARRANTIESREGARDINGTHEEXISTENCEOR DEVELOPMENT OF MOLDS OR MYCOTOXINS, AND EACH OWNER, TENANT AND THEIR RELATED PARTIES BY VIRTUE OF THEIR OCCUPANCY WAIVES AND EXPRESSLY RELEASES ANY SUCH WARRANTY, CLAIM, LOSS OR DAMAGE RESULTING FROM THE EXISTENCE AND/OR DEVELOPMENT OF THE SAME.

Article VII Use Restrictions SECTION 7.01 Residential Use; Group Homes; Treatment Facilities.

7.01.1 General. Each and every Lot is hereby restricted to single family residential use only.

No residence may be occupied by more than one single family.

7.01.2 No Business, Professional, Commercial or Manufacturing Use. No business, professional, commercial or manufacturing use may be made of any Lot or any improvement located thereon, even though such business, professional, commercial or manufacturing use be subordinate or incident to use of the premises as a residence, and regardless of whether or not done for profit or remuneration.

though such business, professional, commercial or manufacturing 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) is consistent with the residential character of the Subdivision and does not cause any annoyance or unreasonable inconvenience to Owners or occupants of area Lots, (ii) does not require additional parking or increase traffic within the Subdivision, (iii) does not involve use of any part of the applicable Lot, or the residence, garage 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 or allowed to enter the Lot to conduct any business thereon, (iv) is not detectable by sight, sound or smell from outside the residence, and there is no other external evidence thereof (including signs, advertising, or contacts in person at the residence with clients or customers), (v) does not involve the visible storage of any tools, equipment, materials, inventory, items, things or devices other than as consistent with operation of a small home office, and does not involve the storage of any item, thing or device (including as aforesaid) which is hazardous, which constitutes any type of threat to health or safety or which constitutes any

ome office, and does not involve the storage of any item, thing or device (including as aforesaid) which is hazardous, which constitutes any type of threat to health or safety or which constitutes any type ofnuisance, and (vi) complies with all applicable governmental ordinances (including zoning ordinances), and with all other governmental laws, rules, regulations and permitting or licensing requirements applicable to the same.

7.01.3 Residential Use Only. Without limitation of any other provisions hereof the foregoing, as used in this Declaration the term "residential use" prohibits the use of any Lot or the residence thereon for apartment houses or other type of dwelling designed for multi-family dwelling, or use for or -32 operation of a boarding or rooming house or residence for transients, or the use of any permitted outbuilding as an apartment or residential living quarters.

7.01.4 Single Family Defined. As used in this Declaration the term "single family" means either: (i) married couples, their dependent children and their dependent parents, grandparents, grandchildren, brothers and sisters who are maintaining a common household and who are members of a single family related by blood, marriage or adoption; or (ii) one or more natural persons not so related but who are maintaining a common household in a single family residence on a noncommercial basis with a common kitchen and dining area; and (iii) the bona fide domestic servants of either. "Dependent parents, grandparents and grandchildren" means such relatives who due to physical or mental impairment are not reasonably capable of maintaining, and who do not in fact maintain, a separate residence. Without limitation of the foregoing, "single family" does

ves who due to physical or mental impairment are not reasonably capable of maintaining, and who do not in fact maintain, a separate residence. Without limitation of the foregoing, "single family" does not include temporary household groups such as persons living together while attending an educational program (such as college), lodgers or boarders, or any other similar temporary or transient living arrangement.

7 .01.5 Maximum Occupancy. In addition to the limitations above set forth, in no event may a single family residence be occupied by more persons than the product of the total number of bona fide bedrooms contained in the single family residence multiplied by two. The "number of bona fide bedrooms" means the number of separate bedrooms contained in the applicable single family residence as originally constructed, plus any additional bedroom(s) which may thereafter be added which have been specifically approved for such use by the ACC as herein provide, if any.

7.01.6 Group Homes; Day-Care Center; Treatment Facilities. To the fullest extent allowed by law, no Lot or any part of the single family residence thereon may be used for the operation of a group home, half-way house, day-care center, rehabilitation center, treatment facility, or residence of unrelated individuals who are engaging in, undertaking, or participating in any group living, rehabilitation, treatment, therapy, or training with respect to previous or continuing criminal activities or convictions, alleged criminal activities, alcohol or drug dependency, physical or mental handicaps or illness, or other similar matters. The foregoing does not include a "community home" established and maintained pursuant to and in strict

s, alcohol or drug dependency, physical or mental handicaps or illness, or other similar matters. The foregoing does not include a "community home" established and maintained pursuant to and in strict compliance with Chapter 123 of the Texas Health and Safety Code, and all applicable governmental licensing requirements, rules and regulations.

SECTION 7.02 Pets, Animals and Livestock.

7.02.1 Permitted Pets; Leashing Required.

(a) No animals, hogs, horses, livestock, reptiles, fish or poultry of any kind may be raised, bred, kept or maintained on any Lot at any time except "Permitted Pets" which are dogs, cats and other usual and customary household pets. Not more than two Permitted Pets are allowed per Lot unless authorized in writing by the Board or applicable Rules and Regulations, and no Permitted Pets may be raised, bred, kept or maintained for commercial purposes. Subject to Section 7.04, the foregoing limitation on the number of Permitted Pets does not apply to hamsters, small birds, fish or other similar usual and customary household animals, birds or fish which are continuously kept completely within a residence, and does not require the removal of any litter born to a Permitted Pet prior to the time that the animals in such litter are three months old. Notwithstanding the foregoing, the following are hereby excluded as Permitted Pets and are not allowed within any residence, upon any Lot or at any other place within the Subdivision: (i) any dog whose breed is known for its viciousness or ill temper, in particular, the American Staffordshire Terrier, known as a "Pit Bull Terrier", and any dog which in fact exhibits viciousness or ill temper, and (ii) any animal of any kind that has venom or poisonous or capture mechanisms, or if let loose would constitute vermin.

Bull Terrier", and any dog which in fact exhibits viciousness or ill temper, and (ii) any animal of any kind that has venom or poisonous or capture mechanisms, or if let loose would constitute vermin.

-33 (b) 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.

( c) Owners of a Permitted Pet must immediately remove and dispose of, in a sanitary manner, feces and any other excretions left by any Permitted Pet at any location in the Subdivision outside of the Owner's Lot. Owners of a Permitted Pet must periodically remove and dispose of, in a sanitary manner, feces and any other excretions left by any Permitted Pet at any location upon the Owner's Lot and/or within the Owner's residence as necessary to prevent any unsafe, unsanitary or odorous conditions. No Permitted Pet will be allowed to cause or create any nuisance, annoyance, or unreasonable disturbance or noise. Owners must also fully comply with all applicable laws, statutes and ordinances of the City and other governmental agencies regarding each and all of each Owner's Permitted Pets, including without limitation all licensing and vaccination requirements.

( d) The Board may adopt Rules and Regulations to further regulate Permitted Pets, including without limitation rules for use of the dog park, a mandatory program for registration of all Permitted Pets with the Association, regulations to further specify types ofusual and customary household pets to be included or excluded as Permitted Pets, regulations as to maximum permitted size or weight of any

with the Association, regulations to further specify types ofusual and customary household pets to be included or excluded as Permitted Pets, regulations as to maximum permitted size or weight of any Permitted Pet, regulations as to number or type of animals, birds or fish which may be kept within a residence and/or other conditions or limitations as to same, and regulations as to areas outside a residence where Permitted Pets are permitted or from which they are excluded. NO PETS OF ANY KIND ARE PERMITTED UPON ANY COMMUNITY PROPERTIES EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PERMITTED BY APPLICABLE RULES AND REGULATIONS AND THEN ONLY IN STRICT COMPLIANCE THEREWITH, EXCEPT AS TO LEGITIMATE SEEING-EYE DOGS, AND EXCEPT FOR THE DOG PARK SUBJECT TO COMPLIANCE WITH APPLICABLE PUBLISHED AND/OR POSTED RULES REGARDING THE SAME.

7 .02.2 Removal. As to any animals or livestock not permitted by this Section, and as to any Permitted Pet which is allowed to roam free, or which in the sole opinion of the Board endanger health or safety, make objectionable noise, or constitute a nuisance, annoyance or inconvenience to the Owners or occupan{s of other Lots, the Community Properties or any property located adjacent to or in the vicinity of the Subdivision, or which is otherwise raised, bred, kept or maintained in violation of this Declaration or applicable Rules and Regulations, the Board may cause any such animal, livestock or Permitted Pet to be removed from the Subdivision and may prohibit the return of any such Permitted Pet to the Subdivision.

Removal as aforesaid will be at the sole expense of the responsible Owner or Owner's tenant and without liability of any kind whatsoever to the Association, including the ACC, their Related Parties, or any Person

foresaid will be at the sole expense of the responsible Owner or Owner's tenant and without liability of any kind whatsoever to the Association, including the ACC, their Related Parties, or any Person which the Board may direct to remove any such animal, livestock or Permitted Pet.

SECTION 7.03 Vehicles; Parking.

7.03 .1 Prohibited Vehicles; Covers Prohibited. No boat, mobile home, trailer, boat or truck rigging, truck larger than a three-quarter ton pick-up, recreational vehicle, bus, unused vehicle, inoperable vehicle of any kind (including any vehicle requiring same which does not have both a current and valid license plate and current and valid state inspection sticker), no over-sized vehicle, and no unsightly vehicle or vehicle (including without limitation, any motor bikes, motorcycles, motorscooters, go-carts, golf-carts or other similar vehicles) which by reason of noise, fumes emitted, or by reason of manner of use or operation, constitute a nuisance, as may be determined in the sole opinion of the Board, may be parked, stored or kept at any time at any location within the Subdivision, including without limitation upon any street or upon any other part of any Lot, unless such vehicle is stored completely within a garage. "Oversized vehicle" means any vehicle which -34 exceeds in size six feet six inches ( 61611) in height, seven feet six inches (7'6") in width, and/or twenty-one feet (21 ') in length. Use of vehicle covers of any kind ( except for vehicles parked completely in a garage) is prohibited.

7.03.2 Prohibited Parking -General. No vehicle of any kind may be parked, stored or otherwise permitted to remain at any time (i) on grass or any other similar portion ofany Lot or any other place

ed.

7.03.2 Prohibited Parking -General. No vehicle of any kind may be parked, stored or otherwise permitted to remain at any time (i) on grass or any other similar portion ofany Lot or any other place within the Subdivision not intended customarily for use for parking of vehicles, or (ii) in a slanted or diagonal manner across any driveway or other designated parking space, or in any other manner other than as is customary for the type of parking space being used, or (iii) in such manner as to obstruct or impede sidewalk, driveway or street access or usage, or in such manner that any part of the vehicle extends from a private driveway in to or across any part of any sidewalk, street or Shared Drive. No Owner or resident is permitted to park or store any vehicle on the Lot of another Owner or resident.

7.03.3 Parking.

(a) Definitions of "Vehicle" and "Occupant Vehicle". As used in this Section 7.03, and in this Declaration and other Governing Documents as applicable, the following definitions apply: (1) "Vehicle" means a device in, on, or by which a person or property may be transported, including an operable or inoperable automobile, truck, motorcycle, recreational vehicle, trailer, and such other devices as from time to time specified by applicable Rules and Regulations.

(2) "Occupant Vehicle" means each and all permitted Vehicles as to each Lot which are owned and/or operated by (i) any single family member or other occupant residing at the Lot, and any housekeeper and any other domestic servants as to each single family residence, regardless of the duration the vehicle is parked, stored, operated or kept within the Subdivision, and (ii) any other person visiting or staying at the Lot or who otherwise parks, stores, operates or keeps any vehicle within the

he vehicle is parked, stored, operated or kept within the Subdivision, and (ii) any other person visiting or staying at the Lot or who otherwise parks, stores, operates or keeps any vehicle within the Subdivision at any time during and for any duration of time during a day (y) on any three days or more in any calendar week, or (z) on any five days or more in any calendar month or in any consecutiv_e 30-day period.

(b) Parking -Occupant Vehicles.

( 1) EXCEPT AS PROVIDED IN SUBSECTION (2) BELOW, NO LOT WITHIN THE SUBDIVISION WILL HA VEAPRIV ATEDRIVEWA Y OF SUFFICIENT SIZE TO PERMIT PARKING THEREIN OF ANY OCCUPANT VEHICLES. ACCORDINGLY AS TO EACH SUCH LOT (i) PARKING OF ANY OCCUPANT VEHICLE IS PROHIBITED ON ANY SUCH PRIVATE DRIVEWAY, AND (ii) PARKING AS TO THE LOT IS RESTRICTED TO THE GARAGE ONLY.

(2) THIS SUBSECTION (2) APPLIES TO (AND ONLY TO) EACH LOT WITHIN THE SUBDIVISION, IF ANY, WHICH HAS A PRIVATE DRIVEWAY OF SUFFICIENT SIZE FOR PARKING OF VEHICLES THEREIN AS PROVIDED IN THIS SUBSECTION. AS TO EACH SUCH LOT AT LEAST ONE OCCUPANT VEHICLE MUST BE PARKED IN THE GARAGE OF THE APPLICABLE LOT BEFORE ANY OTHER OCCUPANT VEHICLE IS PARKED ON THE PRIVATE DRIVEWAY OF THAT LOT. AT LEAST THREE OCCUPANT VEHICLES MUST BE PARKED IN THE GARAGE AND THE PRIVATE DRIVEWAY OF THE APPLICABLE LOT BEFORE ANY OTHER OCCUPANT VEHICLE AS TO THAT LOT IS PARKED UPON ANY AREA STREET OUTSIDE OF THE SUBDIVISION. PARKING UPON APRIV ATE DRIVEWAY AS AFORESAID IS PERMITTED (i) ONLY IF THE DRIVEWAY IS NOT LESS THAN EIGHTEEN FEET (18') IN LENGTH FROM THE FACE OF THE GARAGE DOOR TO THE EDGE OF THE ABUTTING STREET OR SHARED DRIVE AND IS -35 OTHERWISE OF SUFFICIENTLENGTHAND SIZE SUCH THAT THE ENTIRE OCCUPANT VEHICLE CAN BE PARKED WHOLLY WITHIN THEPRIV ATE DRIVEWAY WITHOUT EXTENDING IN TO OR

THE ABUTTING STREET OR SHARED DRIVE AND IS -35 OTHERWISE OF SUFFICIENTLENGTHAND SIZE SUCH THAT THE ENTIRE OCCUPANT VEHICLE CAN BE PARKED WHOLLY WITHIN THEPRIV ATE DRIVEWAY WITHOUT EXTENDING IN TO OR ACROSS ANY PART OF ANY SIDEWALK, STREET OR SHARED DRIVE, (ii) ONLY IF NO PART OF THE PARKED VEHICLE EXTENDS ACROSS ANY LOT LINE OF ANY ADJOINING LOT AND DOES NOTBLOCKACCESS TOANYPARTOFTHEPRIV ATEDRIVEWAYOF ANY ADJOININGLOT,AND {iii)SUCH PARKING WILL NOT IN ANY OTHER MANNER VIOLATE ANY OTHER PROVISION OF THIS SECTION OR OF THIS DECLARATION OR ANY OTHER GOVERNING DOCUMENTS.

(3) FOR PURPOSES OF COMPLIANCE WITH SUBSECTIONS {l) AND (2) ABOVE, "OCCUPANT VEHICLE" INCLUDE ONLY FOUR WHEEL VEHICLES DESIGNED FOR PASSENGER TRANSPORTATION, FAMILY VANS AND SUV'S AND PICK-UP TRUCKS AS OTHERWISE PERMITTED BY THIS SECTION 7.03. MOTORCYCLES, MOTOR SCOOTERS, RECREATIONAL VEHICLES, TRAILERS AND ANY OTHER PERMITTED VEHICLES MUST BE PARKEDINTHEGARAGEOFTHEAPPLICABLELOT,MAYNOTBEPARKEDUPONANYSHARED DRIVE WITHIN THE SUBDIVISION, AND MAY NOT BE COUNTED IN DETERMINING COMPLIANCE WITH THE REQUIREMENTS OF SUBSECTIONS (1) OR (2) REGARDING THE MINIMUM NUMBER OF OCCUPANT VEHICLES THAT ARE REQUIRED TO BE PARKED IN A GARAGE OR IN A GARAGE AND PRIVATE DRIVEWAY.

(4) EXCEPT FOR TEMPORARY PARKING AS HEREAFTER PERMITTED, NO OCCUPANT VEHICLE OF ANY KIND MAY BE PARKED OR STORED AT ANY TIME AT ANY LOCATION UPON ANY SHARED DRIVE {AS DEFINED IN SECTION 2.05).

ACCORDINGLY, ANY OCCUPANT VEHICLE WHICH IS NOT PARKED, KEPT OR STORED WITHIN A GARAGE OR PRIVATE DRIVEWAY AS ABOVE PROVIDED MUST BE PARKED OR STORED OUTSIDE OF THE SUBDIVISION.

(5) PARKING OF OCCUPANT VEHICLES UPON AREA PUBLIC STREETS LOCATED OUTSIDE OF THE SUBDIVISION IS PERMITTED, SUBJECT TO APPLICABLE

AS ABOVE PROVIDED MUST BE PARKED OR STORED OUTSIDE OF THE SUBDIVISION.

(5) PARKING OF OCCUPANT VEHICLES UPON AREA PUBLIC STREETS LOCATED OUTSIDE OF THE SUBDIVISION IS PERMITTED, SUBJECT TO APPLICABLE PROVISIONS OF SUBSECTIONS (1), (2) AND (3) ABOVE, AND SUBJECT TO THE RIGHT OF APPLICABLE GOVERNMENTAL AUTHORIZES TO RESTRICT OR PROHIBIT THE SAME AT ANY TIME AND FROM TIME TO TIME.

( c) Verification of Occupant Vehicles. The Owner of each Lot and their tenants, as applicable, must provide to the Association upon not less than ten days written notice a fully completed, dated and signed "Vehicle Information Form" which identifies by make, model, color and year all Occupant Vehicles to be parked, kept or stored within the Subdivision as to such Lot, and which states as to each identified Occupant Vehicle the current license plate and state of issuance, the primary operator of the Occupant Vehicle and the relationship of the operator to the Owner or tenant, as applicable. Without limitation of Section 7 .12 regarding Rules and Regulations, the Board is also specifically authorized to adopt rules and procedures for registration with the Association of Occupant Vehicles, and/or for mandatory display of identifying stickers, decals or similar identification of Occupant Vehicles. The said rules and procedures may also provide for towing in accordance with Section 7 .03.5 of any vehicle which is not properly registered with the Association, or which does not display any required identifying sticker, decal or similaridentification.

(d) Guest Parking.

(1) DECLARANT ANTICIPATES BUT DOES NOT WARRANT OR GUARANTEE THAT DURING THE DEVELOPMENT PERIOD DECLARANT WILL CONSTRUCT A LIMITED NUMBER OF GUEST PARKING SPACES WITHIN COMMON AREAS A AND C AS SO -36 -

(1) DECLARANT ANTICIPATES BUT DOES NOT WARRANT OR GUARANTEE THAT DURING THE DEVELOPMENT PERIOD DECLARANT WILL CONSTRUCT A LIMITED NUMBER OF GUEST PARKING SPACES WITHIN COMMON AREAS A AND C AS SO -36 DESIGNATED ON THE INITIAL PLAT AND /OR AS OTHERWISE DETERMINED IN THE SOLE DISCRETION OF DECLARANT. TO THE EXTENT PROVIDED EACH OF THE AFORESAID PARKING SPACES ARE HEREBY DESIGNATED AS GUEST PARKING SPACES. OTHER GUEST PARKING SPACES MAY BE PROVIDED BY THE ASSOCIATION, BUT IT HAS NO OBLIGATION WHATSOEVER TO DO SO. ACCORDINGLY, NO MAY BE AVAILABLE FOR GUEST PARKING WITHIN THE SUBDNISION, AND GUEST PARKING UPON ANY AREA STREET MAY ALSO BE RESTRICTED OR PROHIBITED BY APPLICABLE GOVERNMENT AL AUTHORITIES.

(2) UNLESS OTHERWISE PROVIDED BY APPLICABLE RULES AND REGULATIONS (i) OCCUPANT VEHICLES MAY NOT BE PARKED IN ANY GUEST PARKING AREA AT ANY TIME, (ii) ONLY GUEST VEHICLES OF THE TYPE DESCRIBED IN SECTION 7.03.3(b) MAY BE PARKED IN ANY GUEST PARKING AREA, (iii) GUEST VEHICLE PARKING IN AVAILABLE GUEST PARKING SPACES IS ON A FIRST-COME, FIRST-SERVE BASIS, AND (iv) NO GUESTVEHICLEMAYREMAINPARKEDINANYGUESTPARKINGSPACEAT ANYTIMEDURING AND FOR ANY DURATION DURING A DAY (y) ON ANY THREE DAYS OR MORE DURING ANY CALENDAR WEEK, OR (z) ON ANY FIVE DAYS OR MORE IN ANY CALENDAR MONTH OR IN ANY CONSECUTNE 30-DA Y PERIOD.

(e) Temporary Parking. Temporary parking upon a Shared Drive (as defined in Section 2.05) is permitted (i) 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 (ii) by other vehicles in connection with the maintenance, repair or reconstruction of a residence or other improvement. Any such

ely for purposes of loading and unloading of passengers and cargo, and (ii) by other vehicles in connection with the maintenance, repair or reconstruction of a residence or other improvement. Any such temporary parking is subject to applicable provisions of this Section 7.03 not inconsistent with this subsection, to such Rules and Regulations as from time to time promulgated by the Board and to other 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 or any Lots). "Temporary parking" means only for so long a period of time as is reasonably necessary to complete loading, unloading, pick-up or delivery, with such activity commenced promptly after the vehicle is parked and completed promptly thereafter, and only during such period of time as is reasonably required with the exercise of due diligence to commence and complete maintenance, repair or reconstruction. Any parking in excess of twenty consecutive minutes or one hour in any day is presumed not to be temporary. Pick-up or deliveries (such as moving in or out of a residence), or maintenance, repair or reconstruction requiring longer than twenty consecutive minutes or one hour in any day must be coordinated with the Board and/or the Association's Managing Agent, will be conducted in such manner as to minimize interference with traffic and pedestrian ingress and egress, and will otherwise be conducted in accordance with directives of the Board and/or Managing Agent and applicable Rules and Regulations. The Board may prohibit very large and/or heavy vehicles which may cause damage to streets from entering the Subdivision, and in all

he Board and/or Managing Agent and applicable Rules and Regulations. The Board may prohibit very large and/or heavy vehicles which may cause damage to streets from entering the Subdivision, and in all events, each Owner and their tenant, as applicable, is liable for all damages caused to any street or other property by entry into or parking of any such vehicle in the Subdivision at the request of or on behalf of such Owner or tenant.

(f) Street Use and Parking: Obstructions Prohibited. All streets in the Subdivision, including all Shared Drives (as defined in Section 2.05) are private, are restricted to use for vehicular ingress, egress and regress, parking of vehicles to the extent otherwise permitted by this Declaration, and incidental pedestrian ingress, egress and regress. No object, thing or device may be placed, stored, or maintained within or upon any street, and no activities are permitted thereon which would impede or impair the aforesaid intended uses. Use of any part of any street as a pliy area, for assembly of groups of persons for recreational, sport or other purposes or for placement therein of sport equipment, toys, or barbeque or other cooking equipment is strongly discouraged and may be limited or prohibited by applicable Rules and Regulations. ALL OWNERS AND TENANTS, THEIR RELATED PARTIES, AND ALL OTHER -37 OCCUPANTS ASSUME SOLE RESPONSIBILITY FOR ALL CONSEQUENCES OF ANY USE OF ANY STREET OR SHARED DRIVE AS AFORESAID OR OTHERWISE, INCLUDING AS TO ALL DAMAGES OR INJURIES TO PERSONS OR PROPERTY OR OTHERWISE, AND MUST INDEMNIFY, DEFEND AND HOLD DECLARANT, THE ASSOCIATION AND THEIR RELATED PARTIES HARMLESS AS TO AND FROM ANY AND ALL SUCH CONSEQUENCES.

(g) RESPONSIBILITIES OF OWNERS AND TENANTS. OWNERS AND

, AND MUST INDEMNIFY, DEFEND AND HOLD DECLARANT, THE ASSOCIATION AND THEIR RELATED PARTIES HARMLESS AS TO AND FROM ANY AND ALL SUCH CONSEQUENCES.

(g) RESPONSIBILITIES OF OWNERS AND TENANTS. OWNERS AND THEIR TENANTS MUST OBTAIN FULL COMPLIANCE WITH THE PROVISIONS OF THIS SECTION (INCLUDING RULES AND REGULATIONS ADOPTED PURSUANT TO THIS DECLARATION) BY THEIR RESPECTIVE RELATED PARTIES, AND EACH IS JOINTLY AND SEVERALLY LIABLE FOR ALL VIOLA TIO NS BY THEIR RESPECTIVE RELATED PARTIES.

(h) NOTICE OF LIMITED PARKING. EXCEPT FOR TEMPORARY PARKING AS ABOVE PROVIDED. PARKING OF VEHICLES WITHIN THE SUBDIVISION IS STRICTLY LIMITED TO PARKING WITHIN THE AREAS AS ABOVE SET FORTH. PARKING ON AREA PUBLIC STREETS MAY ALSO BE LIMITED OR UNAVAILABLE. IN ADDITION, GARAGE SIZES MAY LIMIT AVAILABLE PARKING AS PROVIDED IN SECTION 8.01.2. ANY LIMITATIONS AS TO AVAILABLE PARKING UPON ANY LOT, OR ELSEWHERE WITHIN THE SUBDIVISION, OR WITHIN THE AREA, OR AS TO GARAGE SIZE, WILL NOT CONSTITUTE A BASIS FOR NON­ COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THIS DECLARATION AND ALL OTHER GOVERNING DOCUMENTS, OR FOR ANY CLAIM OR LIABILITY WHATSOEVER AS TO DECLARANT, THE ASSOCIATION OR ANY OF THEIR RELATED PARTIES. EACH OWNER OR OCCUPANT ASSUMES ALL RISKS REGARDING ANY AND ALL PARKING LIMITATIONS.

7.03.4 Repair, Rental or Sale of Vehicles Prohibited. No work on any vehicle within the Subdivision, including on any street, or on any Community Properties, or on any Lot, may be performed at any time other than temporary emergency repairs or other work required in order to promptly remove an inoperable or disabled vehicle from the Subdivision or to and completely within a garage. Repair work on any vehicle

n temporary emergency repairs or other work required in order to promptly remove an inoperable or disabled vehicle from the Subdivision or to and completely within a garage. Repair work on any vehicle within a garage is limited to occasional minor repairs on Occupant Vehicles (such as oil changes, headlight bulb replacements and similar minor repairs). Extensive or frequent work (such as in connection with an auto repair orracing hobby or profession) on any vehicles, including any Occupant Vehicles, is prohibited. Without limitation of the foregoing and except for the limited purposes expressly permitted by the foregoing, no vehicle repair, rental or sales business or activities of any kind, whether or not for profit, may be conducted at any time at any location upon any Lot or elsewhere within the Subdivision.

7.03.5 Default.

(a) Presumptive Violations. Any vehicle is conclusively presumed to be "unused" or "inoperable" if the vehicle has not been operated outside the Subdivision for seven or more consecutive days or the vehicle has not been operated outside the Subdivision more than twice in any fourteen day period. The provisions hereof do not prejudice the right of the Association to otherwise establish a violation. The foregoing provisions do not apply to any vehicle completely stored within a garage. The Board may grant reasonable exceptions to the foregoing upon receipt of written request from an Owner or their tenant.

(b) Towing; Other Remedies. The Board or its designated representative may cause any vehicle which is parked, stored or maintained in violation of this Declaration or other Governing Documents, or in violation of any ordinance, statute or other governmental regulation, to be removed from the

which is parked, stored or maintained in violation of this Declaration or other Governing Documents, or in violation of any ordinance, statute or other governmental regulation, to be removed from the Subdivision to any vehicle storage facility within Dallas County, Texas, at the sole cost and expense of the Person owning such vehicle (whether or not such Person is an Owner or tenant), and/or the Owner and/or -38 tenant as to whom such Person is a visitor, guest, invitee or other Related Party. Any such removal may be in accordance with any applicable statute or ordinance, including Chapter 2308 of the Texas Occupations Code, as amended (the "Texas Towing/Booting Statute"). The Association may contract with a towing company and/or boot operator which is licensed, bonded and insured as required by the Texas Towing/Booting Statute (a "Towing Company") to provide requisite signage and other notices and for the towing and/or booting of vehicles parked or otherwise kept or stored in violation of this Declaration or other applicable Governing Documents. All rights and remedies as aforesaid are cumulative of any other rights or remedies of the Association or its Related Parties.

7.03.6 Development Period. In addition to and without limitation of all other applicable provisions of Exhibit "B" to this Declaration, all "Development Personnel" are hereby exempted from the provisions of this Section 7 .03 and any other Governing Documents to the fullest extent deemed necessary or appropriate by Declarant for the conducting of any and all "Development Activities" (as those terms are defined in Section BS.01 of Exhibit "B" to this Declaration. Declarant is also fully authorized to impose such

Declarant for the conducting of any and all "Development Activities" (as those terms are defined in Section BS.01 of Exhibit "B" to this Declaration. Declarant is also fully authorized to impose such temporary rules, regulations and parking policies and procedures as Declarant deems necessary or appropriate for the conducting of all Development Activities, and to designate and post by signage or otherwise "no parking" area and/or other applicable rules, regulations and procedures. Declarant's authority as aforesaid continues through completion of the initial sale (as defined in Section B2.01 of Exhibit "B" hereto) of the last Lot in the Subdivision, whether or not completion of the initial sale occurs during or after the Development Period.

7.03.7 Other Regulations. Without limitation of Section 7.12 regarding Rules and Regulations, the Board may (but has no obligation to) (i) adopt Rules and Regulations to permit parking of vehicles within a garage, or upon a private driveway or a upon any street or Shared Drive within the Subdivision other than as provided by this Section 7.03 to the extent deemed appropriate in general, and/or (ii) to otherwise permit variances for such parking in individual cases to accommodate unusual circumstances or alleviate undue hardship, provided that in any such case any variance may be limited in duration by the Board, and in all events any such variance will terminate immediately at such time and to the extent the unusual circumstances or hardship are alleviated. The Board is also specifically authorized to the fullest extent allowed by law to adopt Rules and Regulations, including policies or procedures, to regulate traffic and parking, including as to (w) the type and/or size of vehicles permitted within the Subdivision, (x) traffic and

o adopt Rules and Regulations, including policies or procedures, to regulate traffic and parking, including as to (w) the type and/or size of vehicles permitted within the Subdivision, (x) traffic and parking regulations, including as to speed limits or designations of parking or no-parking areas, (y) location, use and/or appearance of traffic control devices, including as to signs or speed bumps/humps, and (z) fines as to, or removal or prohibition of, any vehicle which is kept, operated, stored or parked in violation of this Declaration or other applicable Governing Documents. By acceptance of title to each Lot, each Owner irrevocably designates and appoints the Association (acting through the Board or any authorized officer) as attorney-in-fact to act on behalf of all Owners concerning, and in the execution of all agreements and any other instruments required by applicable law regarding, the imposition, modification, enforcement or removal of any restrictions, limitations, regulations, traffic control devices, or other matters regarding any of the provisions of this subsections.

7.03.8 LIMITATION OF LIABILITY. DECLARANT, THE ASSOCIATION, THEIR RELATED PARTIES, AND ANY "TOWING COMPANY" (AS ABOVE DEFINED) AND ANY OTHER AUTHORIZED PERSON WHO EXERCISE ANY RIGHTS ORREMEDIES REGARDING ANY VEHICLE AS HEREIN PROVIDED (THE "INDEMNITEES") HAVE NO LIABILITY WHATSOEVER IN CONSEQUENCE THEREOF. THE PERSON OWNING EACH AFFECTED VEHICLE (INCLUDING AS TO ANY TOWED VEHICLE), WHETHER ORN OT SUCH PERSON IS AN OWNER, AND THE OWNER AND OWNER'S TENANT AS TO WHOM SUCH PERSON IS A VISITOR, GUEST, INVITEE, OR OTHER RELATEDPARTY,MUSTDEFENDANDHOLDALLSUCHINDEMNITEESHARMLESSFROMANY -39 AND ALL CLAIMS, SUITS, ACTIONS, LIABILITIES OR DAMAGES ARISING, DIRECTLY OR

HOM SUCH PERSON IS A VISITOR, GUEST, INVITEE, OR OTHER RELATEDPARTY,MUSTDEFENDANDHOLDALLSUCHINDEMNITEESHARMLESSFROMANY -39 AND ALL CLAIMS, SUITS, ACTIONS, LIABILITIES OR DAMAGES ARISING, DIRECTLY OR INDIRECTLY, AS RESULT OF THE EXERCISE AS AFORESAID OF ANY SUCH RIGHTS OR REMEDIES. THE PROVISIONS HEREOF ARE CUMULATIVE OF THE PROVISIONS OF SECTIONS 3.06, 7.03.3 and 10.02.4.

SECTION 7 .04 Nuisance: Unsightly or Unkempt Conditions.

7 .04.1 General. It is the continuing responsibility ofeach Owner to prevent the development of any unhealthy, unsafe, unclean, unsightly, or unkempt condition on such Owner's Lot. No Lot may be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition, or that will be obnoxious to the eye. No hobbies or activities which will cause disorderly, unsightly, or unkempt conditions, including without limitation the assembly or disassembly of or repair work on motor vehicles or other mechanical devices, may be performed within the Subdivision. There may not be maintained any plants, animals, devices, thing, use or activities of any sort which in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the residents of the Subdivision.

7 .04.2 Nuisance or Annoyance. No substance, thing, or material may be kept upon any Lot that will emit foul or obnoxious odors, or that will cause any noise or other condition that 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 Lot, nor may anything be done thereon tending to cause

uiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive trade or activity may be carried on upon any 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 Lot. No spirituous, vinous, malt, medicated bitters, alcohol, drugs or other intoxicants may be sold or offered for sale on any part of any Lot or any other place within the Subdivision.

No Lot or any part thereof may be used for any immoral or illegal purposes.

7.04.3 Pollutants: Hazardous Materials. Without limitation of any other provisions of this Section, no Owner or tenant, and Related Parties of either, may 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 any thing or maintain or permit any condition in violation of applicable environmental, toxic or hazardous waste or similar laws, rules or regulations. Storage of gasoline, heating or other fuels, or of any hazardous or toxic materials upon any Lot is strictly prohibited ( except that up to five gallons of fuel may be stored upon a Lot for emergency purposes and operation of lawn mowers and similar tools or equipment if properly kept and stored in a safe and non-hazardous manner). THE FOREGOING DOES NOT PLACE UPON DECLARANT, THE ASSOCIATION, THE ACCOR ANY OF THEIR RELATED PARTIES ANY OBLIGATION FOR ENFORCEMENT OF ANY APPLICABLE ENVIRONMENTAL, TOXIC OR HAZARDOUS WASTE OR SIMILAR LAWS, RULES OR REGULATIONS.

UPON DECLARANT, THE ASSOCIATION, THE ACCOR ANY OF THEIR RELATED PARTIES ANY OBLIGATION FOR ENFORCEMENT OF ANY APPLICABLE ENVIRONMENTAL, TOXIC OR HAZARDOUS WASTE OR SIMILAR LAWS, RULES OR REGULATIONS.

7 .04.4 Sound Devices: Excessive Noise. No exterior speakerorother exterior audio or video device, and no horn, whistle, bell or other sound device may be located, placed, operated or used upon any Lot or improvement thereon except as expressly permitted by this Section and subject in all cases to strict compliance with applicable Rules and Regulations. All such devices must be installed, maintained, operated and used in such manner as to not create or to constitute an annoyance or nuisance to other residents of ordinary sensibilities as may be determined by the Board. Fire or security alarms used exclusively for such purpose are permitted, provided that such devices must be installed in such manner as not to be visible from any street and otherwise in as inconspicuous a manner as possible. Placement of not more than two exterior speakers and/or one television or other video source within each exterior patio area and/or balcony area for purposes of transmitting music or television sources is permitted. In each such case the volume and video must -40 be maintained so as not to be audible from the inside of any adjacent or area residence or otherwise unreasonably audible or visible from outside of the Lot lines of the applicable residence. No exterior audio or video equipment may be operated in any area at any time when the Owner, tenant or their Related Parties are not in the area. No stereo, television, speaker, horn, whistle, bell or other sound device may be operated

t may be operated in any area at any time when the Owner, tenant or their Related Parties are not in the area. No stereo, television, speaker, horn, whistle, bell or other sound device may be operated within, and no other sound emitting activity (such as practice of a band, excessively loud social gatherings and similar activities) may be conducted within, a residence, garage or other structure which is audible from inside of any closed adjoining or area residence or which is unreasonably audible from the outside the Lot lines of the applicable residence, garage or other structure, or which is otherwise an annoyance or nuisance to other residents of ordinary sensibilities as may be determined by the Board.

7 .04.5 Firearms and Fireworks Prohibited. The use of firearms in the Subdivision is strictly prohibited except as otherwise expressly allowed by law. The term "firearms" includes without limitation "B­ B" guns, pellet guns, and small or large firearms of all types. Fireworks of any type are strictly prohibited upon any Lot or at other location within the Subdivision.

7.04.6 Disposal of Trash. No trash, rubbish, garbage, manure, debris or offensive material of any kind may be kept or allowed to remain on any Lot, nor may any Lot be used or maintained as a dumping ground for such materials. No incinerator may be maintained on any portion of the Subdivision, and disposal of any materials by incineration within the Subdivision is strictly prohibited. All trash and similar matter to be disposed of must be placed in cans or similar receptacles with tight fitting lids or plastic bags tied or otherwise tightly secured, and must be placed in an area adequately screened by planting or fencing from

f must be placed in cans or similar receptacles with tight fitting lids or plastic bags tied or otherwise tightly secured, and must be placed in an area adequately screened by planting or fencing from public view or within a garage except when placed for regular pickup as herein provided. Equipment used for the temporary storage and/or disposal of such material prior to removal must be kept in a clean and sanitary condition, and must comply with all applicable federal, state, county, municipal or other governmental laws and regulations. All such prohibited matter must be removed from each Lot at regular intervals if not removed or removable by a regular garbage and sanitation service. Trash and garbage for pickup by a regular service must be placed in such area or areas as the Board may from time to time direct, or as the applicable garbage and sanitation service or provider may require; provided trash and garbage may not be placed for pickup earlier than ten (10) hours prior to a scheduled pickup day, and all receptacles therefor and any remaining trash and garbage must be removed from the pickup site by midnight of the pickup day. Any of the foregoing provisions may be modified, added to or deleted by applicable Rules and Regulations.

7.04.7 Outdoor Cooking: Fire Pits. Outdoor cooking is permitted on each Lot, but only in the back yard area of each Lot and only as permitted by and in strict compliance with all applicable provisions of this subsection, this Declaration and all other applicable Governing Documents. Outdoor cooking is permitted only in equipment especially constructed for the same, only in strict compliance with all applicable fire codes, ordinances and all other applicable governmental regulations and only in such ~anner as not to

equipment especially constructed for the same, only in strict compliance with all applicable fire codes, ordinances and all other applicable governmental regulations and only in such ~anner as not to create any health or safety hazards of any kind to persons or property. The use of outdoor cooking equipment within a garage, residence or other outbuilding is prohibited. Outdoor cooking is prohibited upon Community Properties unless authorized by the Board. All outdoor cooking equipment must be properly maintained, and must be stored in an area screened from public view when not in use. All outdoor cooking equipment must be equipped with a lid or cover, and must otherwise be enclosed such that there are no open flames. Open fire pits are prohibited unless specifically approved by the ACC on a case by case basis. Placement of any cooking equipment closer than three feet (3') to flammable materials, including fencing or siding, or such greater distance as may be required by applicable fire codes, is prohibited. Notwithstanding the foregoing, and without limitation of Section 7.12 regarding Rules and Regulations or any other applicable provisions of this Declaration or other Governing Documents, the Board is specifically authorized to enact Rules and Regulations specifically prohibiting outdoor cooking at any place within the Subdivision or upon any Lot, or otherwise permitting, restricting or regulating outdoor cooking.

-41 7.04.8 Responsibility of Owners, Indemnity and Release. It is the responsibility of the Owner, Owner's tenants and any other occupant of each Lot, and not ofDeclarant, the Association or any of their Related Parties, to prevent the development of any unhealthy, unsafe, unclean, unsightly or unkempt

r's tenants and any other occupant of each Lot, and not ofDeclarant, the Association or any of their Related Parties, to prevent the development of any unhealthy, unsafe, unclean, unsightly or unkempt condition on their Lot. Each Owner, each Owner's tenant and their Related Parties are liable for all consequences of any failure to fully comply with this Section 7.04, and must indemnify, defend and hold harmless any other Owners, Owner tenants, Declarant, the Association and their Related Parties as to any and all damages regarding any violations of this Section 7.04. The provisions of this Section 7 .04.8 are cumulative of, and without limitation as to, all other applicable provisions of this Declaration and other Governing Documents.

SECTION 7 .05 Garage and Similar Sales. The advertising for, conducting of and any other matters incident to the barter, sale or exchange of any new or used personal or other property upon any Lot, or upon or within any residence, garage or other improved thereon, is strictly prohibited unless sponsored by the Association, or unless authorized in writing by the Board or pursuant to applicable Rules and Regulations.

The foregoing includes without limitation any garage sale, yard sale, rummage sale, moving sale, attic sale, estate sale, or any similar type sale (a "garage sale"). Any written authorized for a garage sale or applicable Rules and Regulations may specify requirements, conditions and limitations regarding garage sales in general, or specific garage sales in particular.

SECTION 7.06 Timesharing Prohibited. No Lot may be made subject to any type of timesharing, fraction-sharing or a similar program whereby the right to exclusive use of the Lot or the single family

ar.

SECTION 7.06 Timesharing Prohibited. No Lot may be made subject to any type of timesharing, fraction-sharing or a similar program whereby the right to exclusive use of the Lot or the single family residence thereon rotates among members of the program on a fixed, floating or other time schedule.

SECTION 7.07 Leases.

7 .07 .1 Definition; Restrictions; Certain Limitations.

(a) As used in this Declaration or any other Governing Documents, "lease," "leasing" or equivalent means occupancy of a Lot by any Person other than an Owner with the Owner's consent, express or implied, or for which the Owner or any Related Party of the Owner receives any consideration or benefit, including without limitation, any fee, service, gratuity or emolument, regardless of whether or not such occupancy is pursuant to a written lease. "Lessee" includes _any occupant as aforesaid pursuant to a lease.

(b) No Lot may be leased other than for use as a single family residence as herein provided and defined. No Owner may lease a Lot and attendant use of the residence and improvements thereon for transient or hotel purposes. No lease may be for an initial term ofless than six months. No Owner may lease less than an entire Lot and attendant use of the residence and improvements thereon. All leases must be in writing. All occupants pursuant to a lease (whether or not in writing) are specifically subject in all respects to all provisions of this Declaration and all other Governing Documents (whether or not expressly stated in a lease). Any failure by lessee or other occupant to comply with this Declaration or any other Governing Documents will be a default under the lease.

( c) The Association may not adopt or enforce any provisions pursuant to this

ssee or other occupant to comply with this Declaration or any other Governing Documents will be a default under the lease.

( c) The Association may not adopt or enforce any provisions pursuant to this Declaration or any other Governing Documents that (i) requires a lease or rental applicant or lessee to be submitted to or approved by the Association, or (ii) requires submission to the Association of a consumer credit report, or a lease or rental application. The Association may by adoption of applicable Rules and Regulations require submission to the Association of any lease covering any Lot, but in such case any of the following may be redacted or otherwise made unreadable or indecipherable before submission: (w) social -42 security number; (x) driver's license number; (y) government-issued identification number; or (z) account, credit card or debit card number.

( d) Except as provided in subsection ( c) above, this Section 7.07 does not prohibit the adoption of any provisions to this Declaration or any other Governing Documents relating to occupancy or leasing.

7.07.2 Default. In the event of default under any lease due to violation of this Declaration or any other Governing Documents, the Board may (but has no obligation to) initiate any proceedings, actions or litigation under the lease to enforce compliance or to terminate the lease and/or for eviction. With regard to the foregoing, each Owner hereby irrevocably appoints the Board or its designated representative as their attorney-in-fact, agrees to indemnify, defend and hold harmless the Association and its Related Parties in regard thereto to the fullest extent herein provided (including as set forth in Section 3.06) and agrees to be

agrees to indemnify, defend and hold harmless the Association and its Related Parties in regard thereto to the fullest extent herein provided (including as set forth in Section 3.06) and agrees to be solely responsible for all costs thereof (including as provided in Section 5.06). NO PROCEEDINGS, ACTION OR LITIGATION UNDER THIS SECTION OR ANY OTHER PROVISIONS OF THIS DECLARATION OR ANY OTHER GOVERNING DOCUMENTS MAY EVER BE CONSTRUED AS AN ASSUMPTION BY THE ASSOCIATION OR ITS RELATED PARTIES OF ANY OBLIGATION WHATSOEVER UNDER ANY LEASE OR REGARDING ANY LEASEHOLD INTEREST, INCLUDING WITHOUT LIMITATION, ANY OBLIGATION REGARDING SECURITY DEPOSITS, MAINTENANCE AND ANY OTHER OBLIGATIONS PURSUANT TO TITLE 8 OF THE TEXAS PROPERTY CODE, ALL SUCH OBLIGATIONS BEING HEREBY EXPRESSLY DISCLAIMED.

7.07.3 Joint and Several Liabilities. Lessor(s) and lessee(s) are jointly and severally liable for the observance and performance of all of the terms and provisions of this Declaration and all other Governing Documents, including without limitation joint and several liability for all damages, costs and expenses resulting from any violation, by either, or by their respective Related Parties, all fines and assessments imposed hereby and with respect to all other rights and remedies regarding enforcement of this Declaration and all other Governing Documents.

7.07.4 Surrender of Use of Community Properties by Lessor(s). During all periods of time during which a Lot is occupied by lessee( s ), lessor( s) automatically surrender all oflessors' rights as an Owner to the use ofall of the Community Properties unto such lessee(s ), including without limitation all rights of use ofrecreational facilities, ifany. The provisions of this Section do not impair the voting rights of the lessor(s ),

nity Properties unto such lessee(s ), including without limitation all rights of use ofrecreational facilities, ifany. The provisions of this Section do not impair the voting rights of the lessor(s ), ingress, egress or regress rights of any lessor, any right to inspect the leased premises or the exercise of any other rights or remedies customarily reserved for the protection of a lessor.

SECTION 7.08 Garage Usage. No portion of any garage may be diverted to any use other than the parking of vehicles and other generally accepted and customary usage of a garage. In particular but not in limitation of the foregoing, no portion of any garage may be used as a residence or a game room, or for any similar use as living quarters.

SECTION 7.09 Children and Other Dependents. All Owners and tenants must insure that their children and other dependents, and the children and other dependents of any of their Related Parties, are properly supervised at all times, and may not permit their children or other dependents to engage in any activity or conduct in violation of this Declaration or other Governing Documents. Owners and tenants are liable for all consequences of any lack of supervision or violations.

SECTION 7 .10 Unoccupied Property. The Owner of a Lot with an unoccupied residence, including any mortgagee in possession and any mortgagee obtaining title to a Lot by foreclosure or by any deed or other -43 arrangement in lieu of foreclosure, is liable for full observance and performance of all terms and conditions of this Declaration and all other Governing Documents, including in particular but without limitation: (i) proper maintenance of the Lot and all improvements thereon; (ii) securing of the unoccupied residence,

eclaration and all other Governing Documents, including in particular but without limitation: (i) proper maintenance of the Lot and all improvements thereon; (ii) securing of the unoccupied residence, including fastening of windows and locking of all entry and garage doors, and maintenance of appropriate curtains or other permitted window covers in order to prevent unauthorized entry or use; and (iii) such other maintenance as required to avoid an appearance of abandonment or other unsightly or unkept appearance.

SECTION 7 .11 Mineral Production: Wind Generators. No drilling, development operations, refining, quarrying or mining operations of any kind is permitted upon any Lot. No oil well, tank, tunnel, mineral excavation or shaft is permitted upon any Lot. No derrick or other structure designed for use in boring for oil or natural gas is permitted upon any Lot. No wind generators of ~my kind may be erected, placed or maintained at any location within the Subdivision.

SECTION 7 .12 Rules and Regulations. Declarant during the Development Period and the Board at any time may from time to time adopt and amend reasonable Rules and Regulations, provided that (i) Rules and Regulations may not be enacted retroactively ( except that if any use or activity is subsequently covered by Rules and Regulations and such activity ceases after enactment of the Rules and Regulations covering same, then the Rules and Regulations will apply to the use or activity thereafter), and (ii) Rules and Regulations will not become effective until filed in the Official Public Records of Real Property of Dallas County, Texas, or such later date as stated therein. Notice of adoption or amendment of Rule.s and Regulations must be given

ctive until filed in the Official Public Records of Real Property of Dallas County, Texas, or such later date as stated therein. Notice of adoption or amendment of Rule.s and Regulations must be given to all Owners within a reasonable time after filing of the same (certification by the Association that proper notice was given in accordance with this Section to be conclusive absent proof of fraud).

Article VIII Architectural Restrictions SECTION 8.01 Type of Residence.

8.01.1 Single Family Residence. No building other than one single family residence which is to be occupied as a residence by one single family, an appurtenant garage and such outbuildings if and as may be approved in writing by the ACC, may be constructed, placed or permitted to remain on each Lot. No permitted residence or appurtenant garage may exceed in height the lesser of (i) three stories plus a roof deck or terrace, if any, or (ii) thirty-nine feet (39'), exclusive in either case of chimneys, roof vents and similar customary roof extrusions. Without limitation of the foregoing, the term "single family residence" shall be construed to prohibit duplex houses, garage apartments, apartment houses, and any other multi-family dwelling.

8.01.2 Garages and Garage Doors.

(a) General. Each single family residence must have either (i) an enclosed attached or detached garage for parking of not less than two or more than three cars, or (ii) an enclosed attached or detached garage for parking of one car and an attached or detached covered carport or porte­ cochere for parking of not less than one or more than two cars. The garage must be architecturally similar and compatible to the appurtenant residence, including as to roof line and appearance. All garages must be

arking of not less than one or more than two cars. The garage must be architecturally similar and compatible to the appurtenant residence, including as to roof line and appearance. All garages must be enclosed with permanent walls and their fronts enclosed with standard type overhead 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 ORIGINALLYCONSTRUCTED,ANDMUSTBEPAINTEDTOMATCHTHECOLORSCHEMEOFTHE -44 RESIDENCE AS ORIGINALLY CONSTRUCTED ORA SUBSEQUENT COLOR SCHEME WHICH HAS BEEN APPROVED IN WRITING BY THE ACC. 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 garage as originally constructed, no modification of the interior or exterior of any garage as originally constructed is permitted without prior written approval of the ACC. GARAGE DOORS MUST BE KEPT CLOSED AT ALL TIMES EXCEPT FOR ENTRY AND EXIT OF VEHICLES OR DURING BRIEF PERIODS WHEN THE GARAGE IS BEING ACTNEL Y USED FOR CUSTOMARY PURPOSES.

(b) NOTICEOFSIZELIMITATION;NOLIABILITY. GARAGESMAYNOT BE OF SUFFICIENT SIZE TO PERMIT PARKING THEREIN OF THE SAME NUMBER OF LARGE VEHICLES AS THE CUSTOMARY DESCRIPTION OF THE GARAGE. FOR EXAMPLE, A "TWO-CAR GARAGE" MAY NOT BE LARGE ENOUGH TO PERMIT PARKING THEREIN OF TWO LARGE SEDANS, TWO SUV'S OR TWO OTHER LARGE VEHICLES. THIS SIZE LIMITATION IS NOT A BASIS FOR NON-COMPLIANCE WITH APPLICABLE PROVISIONS OF THIS DECLARATION OR OTHER GOVERNING DOCUMENTS (INCLUDING APPLICABLE RULES AND REGULATIONS),AND IS NOT A BASIS FOR ANY CLAIMWHATSOEVERAGAINSTDECLARANT OR THE ASSOCIATION,

WITH APPLICABLE PROVISIONS OF THIS DECLARATION OR OTHER GOVERNING DOCUMENTS (INCLUDING APPLICABLE RULES AND REGULATIONS),AND IS NOT A BASIS FOR ANY CLAIMWHATSOEVERAGAINSTDECLARANT OR THE ASSOCIATION, OR THEIR RELATED PARTIES.

8.01.3 New Construction and Continued Maintenance Required. All residences, buildings and structures must be of new construction, and no residence, building or structure may be moved from another location to any Lot without prior written approval of the ACC. All residences, buildings and structures must be kept in good repair, must be painted (as applicable) when necessary to preserve their attractiveness and must otherwise be maintained in such manner as to obtain and maintain Prevailing Community Standards.

8.01.4 Prohibited Homes and Structures. No tent, shack, mobile home, or other structure of a temporary nature may be placed or maintained upon any Lot or elsewhere in the Subdivision. Manufactured homes, industrialized homes, industrialized buildings and any other type of pre-fabricated residential structure, including any garage, which is constructed or assembled other than primarily on site are not permitted on any Lot. No residence, building or structure may be moved from another location to any Lot without prior written approval of the ACC. The foregoing prohibition does not apply to restrict the construction or installation of a single utility or similar outbuilding to be permanently located on a Lot, provided it receives the prior written approval of the ACC.

SECTION 8.02 Living Area Requirements. Each single family residence, exclusive of any porch, patio and balcony, and exclusive of any garage or porte-cochere, must contain living area (air-conditioned

SECTION 8.02 Living Area Requirements. Each single family residence, exclusive of any porch, patio and balcony, and exclusive of any garage or porte-cochere, must contain living area (air-conditioned space) when originally constructed of not less than one thousand four hundred (1,400) square feet. In addition, the living area (air-conditioned space) for each single family residence may not be reduced by reconstruction or other modification in any manner to less than the square footage of the living area as originally constructed.

Square footage will be measured to the outside of exterior walls (i.e., outside of brick, siding stone, or stucco); stairs and two-story spaces are counted only once. A/C returns, pipe chases, fireplaces and non-structural voids are excluded.

SECTION 8.03 Requirement for and Location of Residence. Each and every Lot within the Subdivision must have a substantially completed single family residence constructed thereon prior to commencement of the use thereof for residential purposes. No single family residence may be located upon any Lot except in accordance with building setback lines shown on any applicable Plat, and as established by this Declaration or applicable governmental requirements. Subject to the foregoing, no part of any residence, garage or other structure may be located nearer than three feet from any boundary line of any Lot; provided, however, Declarant and only Declarant may locate or approve location of one or more walls of a single family -45 residence or garage on or within one foot of any side Lot line (a "Zero Lot Line"). Eaves, roof overhangs, steps, fireplaces, chimneys, bay windows, unroofed terraces and similar architectural details which are a part

ge on or within one foot of any side Lot line (a "Zero Lot Line"). Eaves, roof overhangs, steps, fireplaces, chimneys, bay windows, unroofed terraces and similar architectural details which are a part of a permitted residence or garage are not to be considered for the purposes of this Section.

SECTION 8.04 Construction Standards.

8.04.1 Applicability. Except as may be otherwise authorized in writing by the ACC and in addition to all other applicable requirements of this Declaration and other Governing Documents, initial construction of all single family residences and appurtenant structures must be in accordance with, and such residences and appurtenant structures must thereafter be maintained to the extent applicable in accordance with, the provisions of this Section 8.04.

8.04.2 Maximum Period for Completion of Construction. Upon commencement of construction of a single family residence, the work thereon must be prosecuted diligently to the end that the same will not remain in a partly finished condition any longer than reasonably necessary for completion thereof. In any event construction must be substantially completed within nine months after pouring of the slab for a single family residence. The foregoing period will be extended in the event of and only for the duration of delays due to strikes, war, acts of God or other good causes beyond the reasonable control of the Builder or Owner.

8.04.3 New Construction Materials Required. Only new construction materials (except for used brick if approved by the ACC) may be used.

8.04.4 Storage of Materials; Clean-Up. No building materials of any kind or character may be placed or stored upon any Lot more than thirty days before construction is commenced. Except as

ay be used.

8.04.4 Storage of Materials; Clean-Up. No building materials of any kind or character may be placed or stored upon any Lot more than thirty days before construction is commenced. Except as otherwise permitted by the ACC, all materials permitted to be placed on a Lot must be placed within the boundaries of the Lot. Upon completion of construction, any unused materials must be promptly removed from the Lot and the Subdivision and in any event not later than thirty days after construction is completed.

8.04.5 Drainage, Including Easements.

(a) Drainage Devices. During the Development Period Declarant is hereby specifically authorized to excavate as necessary for and to establish, construct and maintain drainage swales, erosion control systems and such other things and devices (herein referred to as "Drainage Devices") upon, over, across or under any part of the Subdivision, including any Lot, as Declarant deems appropriate to properly maintain and control water drainage and erosion. Declarant may also permit any Authorized Builder to establish, construct and maintain Drainage Devices as aforesaid. Declarant hereby reserves for itself, any Authorized Builders and the Association blanket easements upon, over, under and across the Subdivision, including each Lot, for purposes of establishment, construction and maintenance of Drainage Devices as aforesaid; provided, such easement may not be exercised and no Drainage Device may be established, constructed or maintained in any manner as to encroach upon the foundation or any other part of any single family residence or its appurtenant garage. Declarant during the Development Period and the Board thereafter may designate any Drainage Devices as part of the Subdivision Facilities in which case the same will be

ence or its appurtenant garage. Declarant during the Development Period and the Board thereafter may designate any Drainage Devices as part of the Subdivision Facilities in which case the same will be maintained by the Association. Otherwise, all Drainage Devices must be maintained by the Owners as hereafter provided. THE FOREGOING DOES NOT OBLIGATE DECLARANT OR ANY AUTHORIZED BUILDER TO ESTABLISH, CONSTRUCT OR MAINTAIN ANY DRAINAGE DEVICES OF ANY TYPE OR KIND WHATSOEVER, AND ANY REPRESENTATION, WARRANTY OR IMPLICATION AS TO THE SAME IS HEREBY SPECIFICALLY DISCLAIMED.

-46(b) Encroachments. In the event of encroachment by any Drainage Device, including any overhead and overhanging encroachments and any encroachments which are completely underground, such as for example but without limitation any overhang by gutters or underground drainage lines for such gutters (including downspouts for the same), it is deemed that the Owner of the Lot encroached upon ( or into) has granted a perpetual easement for the continuing maintenance and use of the encroaching Drainage Device, and for maintenance, repair or replacement thereof. The provisions hereof are subject to reasonable Rules and Regulations as may hereafter be imposed by Declarant during the Development Period or the Board thereafter.

( c) Owner Obligations. Once established and for so long as continued maintenance thereof is reasonably necessary, all Drainage Devices must remain unobstructed, and, except as otherwise expressly provided in subsection (a) above, must be properly maintained by and at the sole cost of the Owner of each Lot to which the same pertains or, when any Drainage Device serves more than one Lot (such as in the case of guttering on residences connected to a common line), then maintenance and the costs

of each Lot to which the same pertains or, when any Drainage Device serves more than one Lot (such as in the case of guttering on residences connected to a common line), then maintenance and the costs thereof of the Drainage Device which serves the multiple Lots (being the common line in the aforesaid example but not the guttering or connections for the same to the common line) will be shared prorata by all of the Owners to which same pertains. Each Owner must refrain from permitting any construction, grading and any other work, act or activity upon such Owner's Lot which would obstruct, alter, divert, impede or impair the proper functioning of any Drainage Device. In addition, each Owner must perform such work, act or activities and install and maintain such Drainage Devices (i) as is reasonably necessary to prevent so far as practical drainage from the Owner's Lot to any other Lot, other than drainage along established swales and along drainage patterns as established by Declarant during the Development Period or the ACC thereafter, and (ii) as needed to maintain so far as practical positive drainage away from the foundation of the residence located upon the Owner's 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 Lot line which would obstruct, alter, divert, impede, or impair drainage along any Lot line within any swale or otherwise within drainage patterns as established by Declarant or an authorized Builder during the Development Period or by the ACC thereafter. To obtain and maintain proper drainage, including as required by this Section, and/or as

ns as established by Declarant or an authorized Builder during the Development Period or by the ACC thereafter. To obtain and maintain proper drainage, including as required by this Section, and/or as changing circumstances may require, the ACC is hereby specifically authorized to require any Owner to construct, install and maintain such gutters and/or downspouts, drains, drainage lines and any other Drainage Devices as the ACC determines, and/or to remove any obstruction, thing or device or cease any activity, either upon initial construction of any residence or other improvement, or at any time thereafter that circumstances reasonably require.

8.04.6 Roof Materials. Roofs of all residences must be constructed so that the exposed material is architectural grade dimensional composition type shingles, standing seam metal or such other material which is compatible in quality and appearance to the foregoing as may be approved by the ACC. All garage roofs, and roofs of any gazebo or outbuildings as may be approved by the ACC, must match the residence. Composition roofs of a wide range of colors and patterns are permitted except that white, tan, black or pastel colors are prohibited. Ail metal roofs must be ionized or galvanized natural grey in color. Wood shingles of any type are prohibited on any residence, building or structure. "Energy Efficient Roofing" is permitted as provided in Section 8.14.

8.04.7 Recreational Equipment, Courts, Pools and Playscapes. No basketball goals or backboards may be mounted on a garage or on a pole, or otherwise erected or maintained upon any Lot, without the prior written approval of the ACC. Above-ground pools of every kind are prohibited upon any Lot,

s may be mounted on a garage or on a pole, or otherwise erected or maintained upon any Lot, without the prior written approval of the ACC. Above-ground pools of every kind are prohibited upon any Lot, excluding small toddler type pools _with a water depth notto exceed twelve inches (12"). In-ground pools may not be installed except with the prior written approval of the ACC. In-ground pools may be prohibited by applicable Rules and Regulations and/or need not be approved by the ACC. If permitted or approved in-47 ground pools must be constructed of masonry plaster or other materials as approved by the ACC. No swimming pool, pond, fountain or other water feature is permitted to adversely affect any Subdivision drainage or detention volume, or any Subdivision utilities. Outdoor decks and similar flatscape may not exceed a height of two feet (2') above grade. Playhouses, fort style structures and similar play structures may not exceed a maximum overall height of ten feet (10'), and may not contain any deck, floor, landing or other feature intended for use for sitting or standing or other occupancy that exceeds two feet (2') above grade. No part of a water slide may exceed a height of three feet (3'). No basketball goal or backboard, no pool or spa, and no other playstructure, sport or tennis court, playhouse, water slides, fort style structure or other playground equipment or playscape is permitted closer than (i) the front setback or fifteen feet (15') from the front Lot line, whichever is greater, or (ii) three feet (3') from any side or rear Lot line, subject in any case to the right of the ACC to increase the aforesaid distances if deemed necessary to protect the privacy rights of Owners or

, or (ii) three feet (3') from any side or rear Lot line, subject in any case to the right of the ACC to increase the aforesaid distances if deemed necessary to protect the privacy rights of Owners or occupants of area Lots, or as to any Community Properties. None of the foregoing are permitted unless approved by the ACC. Except as otherwise approved by the ACC regarding basketball goals, none of the foregoing are permitted unless completely enclosed by fencing as approved by the ACC.

8.04.8 Landscaping; Tree Maintenance and Removal.

(a) All initial landscaping installed on any Lot must be in accordance with plans and specifications approved by Declarant or by the ACC. Initial Lot landscaping must be completed no later than thirty days after completion of the initial sale of the Lot, and must thereafter be maintained on a continuous basis as herein provided. New or additional landscaping, or changes to existing landscaping of a substantial nature are encouraged but must be approved by the ACC in accordance with Article N. Each request for approval of landscaping must be submitted with a plot plan which shows the locations of all buildings and fences, and the location(s), size and species of all proposed landscaping. Use of native plants and low water use plants as promulgated by the City of Dallas, Texas Water Department or other agencies are encouraged.

(b) Where a tree overhangs a street or Shared Drive the tree must be trimmed and maintained such that at all times there is a clearance space (including as to any limbs or branches) under the tree that is not less than eighteen feet (18') above the road surface of any street or Shared Drive and not less than eight feet (8') above the sidewalk surface, or in either case such greater clearance as may be required by

an eighteen feet (18') above the road surface of any street or Shared Drive and not less than eight feet (8') above the sidewalk surface, or in either case such greater clearance as may be required by applicable ordinances or other governmental regulations. Dead or damaged trees which may create a hazard to property or persons within the Subdivision must be promptly removed or repaired at the Owner's sole cost and expense. The ACC may require replacement of any tree which is removed or of any tree which is substantially damaged as determined by the ACC at the Owner's sole cost and expense. Certain trees will be planted during initial construction to meet requirements of the City of Dallas, Texas, and the maintenance and survival is the responsibility of each Owner and the Association, as applicable.

8.04.9 Driveways. Each Lot must contain a driveway or other means of ingress and egress for vehicles from the garage to an abutting street or Shared Drive. All driveways must be constructed of concrete or concrete pavers, or as otherwise approved by Declarant or by the ACC. All driveways which cross any drainage ditch or other drainage device must be constructed to keep the drainage ditch or other drainage device clear of obstructions to operation and maintenance, and in accordance with applicable provisions of Section 8.04.5 regarding drainage and applicable requirements of any governmental authority.

8.04.10 Painting of Frame Construction. No structure of any kind or character which incorporates wood construction on the exterior may be erected on any Lot unless such structure receives at least two coats of paint at the time of construction or the exterior is redwood, cedar or other material intended

nstruction on the exterior may be erected on any Lot unless such structure receives at least two coats of paint at the time of construction or the exterior is redwood, cedar or other material intended to have an exposed natural finish as approved by Declarant or by the ACC. All wood fencing must be stained as provided in Section 8.06.

-48 8.04.11 Mailboxes. Mail service will be provided in mailbox banks as provided in Section 9.05 hereof. Owners must exclusively use their assigned mailbox therein and must strictly comply with all applicable Rules and Regulations of the Association and the United States Postal Service regarding the same.

Installation and any subsequent modification of a mailbox and post or other housing for same on each Lot must be approved by the ACC. All mailboxes must be either mounted on a black metal post with a black painted finish ( or as otherwise approved), or installed in a mailbox type housing constructed of brick which matches the applicable residence, as approved by the ACC. All mailboxes, and the mounting post or housing for the same, must be properly maintained at all times, including maintenance as needed to avoid any leaning or listing, periodic cleaning, painting and staining, as applicable, and periodic repair or replacement as needed of damaged or deteriorated mailboxes, posts and/or housing.

8.04.12 Compliance With Laws. All construction of any single family residence must be in compliance with applicable governmental laws, ordinances and regulations, including applicable building codes or permit or licensing requirements.

SECTION 8.05 Lot Resubdivision or Combination. No Lot as originally conveyed by Declarant to any other Person, including any builder, may be thereafter subdivided or combined with any other Lot, or the

ECTION 8.05 Lot Resubdivision or Combination. No Lot as originally conveyed by Declarant to any other Person, including any builder, may be thereafter subdivided or combined with any other Lot, or the boundaries thereof otherwise changed. The foregoing does not preclude use of an "Adjacent Lot" for "residential purposes" as provided in Section 8.14.11, subject to strict compliance with all provisions of that Section.

SECTION 8.06 Lot Fencing and Subdivision Fencing, Including Easements.

8.06.1 "Lot Fencing" and "Hedge" Defined. As used in this Section (i) "Lot Fencing" means any and all fences and freestanding fence type walls, gateposts, hedges and planters, whenever and wherever located on any Lot, and (ii) "hedge" means a row of bushes, shrubs and similar plants which, at natural maturity, will exceed three feet (3') in height and have sufficiently dense foliage as to present a visual and physical barrier substantially similar to a fence.

8.06.2 ACC Approval Required; No Lot Fencing may be constructed, placed or maintained on any Lot without prior written approval of the ACC.

8.06.3 General Requirements: Except as to any Lot Fencing as installed by or with the approval of Declarant upon any Lot prior to the initial sale thereof ( as defined in Section B2.0l of Exhibit "B" hereto), or unless otherwise approved in writing by the ACC, all Lot Fencing must comply with the following: (a) Except as provided in subsection ( e ), no Lot Fencing may exceed six feet ( 6') in height measured from the highest point of grade along the applicable fence line, provided that Lot Fencing may be extended by lattice or similar privacy framework to a total height not to exceed eight feet (8') above

from the highest point of grade along the applicable fence line, provided that Lot Fencing may be extended by lattice or similar privacy framework to a total height not to exceed eight feet (8') above grade if and as approved by the ACC. Except as provided in subsection (e), all Lot Fencing (other than hedges) must be constructed ofredwood or cedar vertical pickets with galvanized steel posts or 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 ACC.

(b) ALL WOODEN LOT FENCING MUST BE STAINED WITH READY SEAL MEDIUM BROWN OR EQUIVALENT. PAINTING OF WOODEN FENCES IS PROHIBITED UNLESS APPROVED IN WRITING BY THE ACC.

-49 ( c) CHAIN LINK TYPE LOT FENCING OF ANY TYPE MUST BE BLACK VINYL COATED.

( d) EXCEPT AS PROVIDED IN SUBSECTION ( e) NO LOT FENCING MAY BE ERECTED OR MAINTAINED NEARER TO THE LOT LINE THAN THE CENTERLINE OF THE FRONT EXTERIOR RETAINING WALL ON THE LOT WHICH IS CLOSEST TO THE STREET OR SHARED DRIVE OR THE INSIDE LIMIT OF ANY UTILITY EASEMENT. IN ADDITION, DRIVEWAYS MAY NOT BE FENCED OR GATED, AND ANY UTILITY RISERS SUCH AS TRANSFORMERS MUST BE ACCESSIBLE FROM THE ADJACENT STREET OR SHARED DRIVE.

( e) Declarant or the ACC may approve as above provided installation and maintenance of Lot Fencing in the front yard area of any Lot provided that (i) any such Lot Fencing must be constructed of ornamental wrought iron, black vinyl coated chain link fencing, or low tubular fencing or substantial equivalent as approved by Declarant or the A.CC, and (ii) no part of such Lot Fencing may exceed four feet ( 4') in height measured from the highest point of grade along the applicable fence line.

ial equivalent as approved by Declarant or the A.CC, and (ii) no part of such Lot Fencing may exceed four feet ( 4') in height measured from the highest point of grade along the applicable fence line.

8.06.4 Ownership and Maintenance of Lot Fencing. Ownership of all Lot Fencing passes with title to the Lot. All Lot Fencing must be continuously maintained in a structurally sound condition, in a neat and attractive condition, in good repair and otherwise as required to obtain and maintain Prevailing Community Standards. The foregoing includes, without limitation, proper maintenance and re-staining of wood fencing as provided in Section 8.06.3(b), such maintenance, repair or replacement as is required to prevent listing or leaning, repair of all damaged or broken pickets and other members, and all holes and cracks, and repair or replacement as required to prevent rot or decay, and any other visible signs of dilapidation or deterioration. Lot Fencing which has been defaced with graffiti or other markings must be restored to its prior condition within 72 hours of such defacement or markings. Except as otherwise provided in Section 8.06.5, all maintenance, repair or replacement of Lot Fencing which separates adjoining Lots, or which is otherwise shared in common by two or more adjoining Lots, is the joint responsibility of, and the costs thereof will be shared equally by, the adjoining Owners. Otherwise, all such maintenance, repair or replacement is the responsibility of, and at the sole cost of, the Owner upon whose Lot the Lot Fencing is located. ONCE INSTALLED, THELOCATION,STYLE,FINISH,APPEARANCEANDALLOTHERFEATURESOFLOT FENCING MA YNOTBE MODIFIED OR CHANGES WITHOUT PRIOR WRITTEN APPROVAL OF THE ACC.

8.06.5 Subdivision Fencing, Including Easements.

INSTALLED, THELOCATION,STYLE,FINISH,APPEARANCEANDALLOTHERFEATURESOFLOT FENCING MA YNOTBE MODIFIED OR CHANGES WITHOUT PRIOR WRITTEN APPROVAL OF THE ACC.

8.06.5 Subdivision Fencing, Including Easements.

(a) "Subdivision Fencing" means (i) all fences and freestanding fence type walls which enclose in whole or in part any Community Properties or Subdivision Facilities, or which are otherwise designated as Subdivision Fencing by Declarant during the Development Period or by the Board thereafter, and ( ii) all entry, exit and other Subdivision identification monuments and fences or walls which are an integral part thereof. NO OWNER OR THEIR RELATED PARTIES, AND NO OTHER PERSON MAY MODIFY, ALTERORINANYMANNERCHANGEORATTACHANYTHINGTO,ANYSUBDIVISIONFENCING WITHOUT THE PRIOR WRITTEN CONSENT OF DECLARANT DURING THE DEVELOPMENT PERIOD OR THE BOARD THEREAFTER.

(b) All Subdivision Fencing is a part of the Subdivision Facilities. Subdivision Fencing may not exceed eight feet (8') in height measured from the highest point of grade along the applicable fence line. Subdivision fencing may be constructed of any materials as permitted for any Lot fencing or as otherwise determined by Declarant during the Development Period or the ACC thereafter. Specifically but without limitation of the foregoing any fencing for a community dog park may be constructed of vinyl coated -50 chain link fencing. All Subdivision Fencing must be maintained by the Association except for Subdivision Fencing which is shared by one or more adjacent Lots ("Shared Subdivision Fencing"). All maintenance of Shared Subdivision Fencing must be performed by the Association, or otherwise only under the supervision of and only with the prior approval of the ACC. All costs of maintenance of Shared Subdivision Fencing must

vision Fencing must be performed by the Association, or otherwise only under the supervision of and only with the prior approval of the ACC. All costs of maintenance of Shared Subdivision Fencing must be shared equally by the Association and the adjacent Lot Owner or Owners unless otherwise provided by applicable Rules and Regulations. Each Owner's costs for maintenance of Shared Subdivision Fencing constitute specific assessments, and payment thereof is secured by the Association's continuing assessment lien ..

( c) During the Development Period Declarant is specifically authorized to locate, establish, construct and maintain any and all Subdivision Fencing upon, over, access and under any part of the Subdivision, including any Lot, as Declarant deems appropriate. Declaranthereby reserves blanket easements upon, over, across, and under the Subdivision, including any Lot, for purposes of locating, establishing, constructing and maintaining any Subdivision Fencing. In addition to and without limitation of the blanket access easement as set forth in Sections 9.04 and/or 9.05, a specific easement is hereby reserved upon, under and across each Lot for purposes of maintenance, repair, reconstruction and replacement of any Subdivision Fencing.

SECTION 8.07 Antennas and Satellite Dish Systems.

8.07.1 General Rule. Except as otherwise expressly approved by the ACC in writing, or as otherwise expressly permitted by applicable Architectural Guidelines or by law, no antenna or satellite dish system of any kind is permitted upon any Lot, or the residence or other improvement thereon, except one dish antenna, one meter or less in diameter or diagonal measurement which is designed to receive direct broadcast

d is permitted upon any Lot, or the residence or other improvement thereon, except one dish antenna, one meter or less in diameter or diagonal measurement which is designed to receive direct broadcast satellite or to receive or transmit "fixed wireless signals" (as defined by the Federal Communications Commission), and one television antenna to the extent necessary for reception oflocal television broadcasts, either or both of which must be installed so as not to be visible from any street. Declarant during the Development Period, and the Board or ACC at anytime, are hereby specifically authorized to adopt and amend Architectural Guidelines or policies regarding any antenna or satellite dish system in accordance with this Declaration, subject to the aforesaid laws.

8.07.2 Prohibited Antenna. No antenna, "dish" or other device may ever be used for transmitting electronic signals of any kind except as to fixed wireless signal transmission as above provided.

Antenna and similar devices of any type used for citizen band ("CB") radio, amateur ("HAM") radio, AM/FM radio, or Digital Audio Radio Service ("DARS "), are prohibited and may not be erected, placed or permitted to remain on any Lot, on any improvement located on any Lot, or elsewhere in the Subdivision. Without limitation as to the authority of the ACC to grant variances as provided in Section 4.03, the ACC is specifically · authorized to (but is not in any event required to) grant variances as to prohibited antenna. The ACC may condition granting of any such variance upon placement of the applicable antenna in the attic of a residence.

SECTION 8.08 Signs.

8.08.1 Definition; General Rule. As used in this Section 8.08, "sign" means and includes

of any such variance upon placement of the applicable antenna in the attic of a residence.

SECTION 8.08 Signs.

8.08.1 Definition; General Rule. As used in this Section 8.08, "sign" means and includes any billboards, posters, banners, pennants, displays, symbols, emblems, advertising devices of any kind, and any other type of sign of any kind, including without limitation business, professional, promotional or institutional signs. "filgn" also means and includes flags of any kind, subject to applicable provisions of Section 8.08.3. No sign of any kind is permitted on any Lot, or upon any residence, or within any residence if visible from the exterior of the residence, or within the Subdivision except as may be approved in writing by the ACC and except as otherwise expressly permitted in this Section 8.08.

-51 8.08.2 Prohibited Signs. No sign is permitted which contains language, graphics or any display that is vulgar, obscene or otherwise offensive to the ordinary person. Permitted signs must be professionally printed and prepared, and must be properly installed and maintained, to avoid unsightly appearance. The good faith determination of the ACC as to any of the foregoing is final. No sign may be illuminated. No sign may be placed on any Lot closer than five feet from any street, or closer than any building setback line as to any side or back Lot line, or within any traffic sight line area as defined in Section 8.09. No Owner, Owner's tenant or their Related Parties, is permitted to place any sign on another Owner's Lot or upon any Community Properties. No sign may be place upon or within, or attached to, any Community Properties or Subdivision Facilities without the prior written consent of the ACC. Foreclosure, bankruptcy

any Community Properties. No sign may be place upon or within, or attached to, any Community Properties or Subdivision Facilities without the prior written consent of the ACC. Foreclosure, bankruptcy and other distressed sale references are specifically prohibited. Signs disparaging, defaming or demeaning any Person, including Declarant, the Association, the ACC or their Related Parties, on account of race, creed, gender, religion or national origin, regarding any "Development Activities" ( as defined in Exhibit "B" hereto), or for any other reason, or which malign or jeopardize property values, are specifically prohibited.

8.08.3 Permissible Signs. Signs as set forth in this Section 8.08.3 are permissible to the extent and subject to strict compliance with all applicable provisions of this Section as follows: (a) "For Sale" or "For Lease" Signs (Prohibited During Development Period).

Subject to Section 8.08.5 hereof, "For Sale" or "For Lease" signs are permitted as follows: (i) not more than one sign is permitted upon a Lot; ( ii) the sign may be displayed only by the Owner of and upon the applicable Owner's Lot, and not upon any other Lot or any other location within the Subdivision; (iii) the sign must be professionally prepared and printed, and must be provided by a professional real estate sales or leasing company unless otherwise approved by the ACC; (iv) the sign may not exceed six square feet in size, (v) the sign must be fastened only to a stake in the ground in the front yard area of the applicable Lot, and the top of the sign may not be higher than three feet (3') above ground level; (vi) the sign may not be illuminated; and (vii) the sign may be displayed only during such period of time that the applicable Lot is in fact for sale or for lease.

three feet (3') above ground level; (vi) the sign may not be illuminated; and (vii) the sign may be displayed only during such period of time that the applicable Lot is in fact for sale or for lease.

(b) Security Signs and Stickers. Security service signs and stickers are permitted as follows: (i) no more than one security sign is permitted at a located at or near each entry door to the residence; and no such sign may exceed 12"xl2" in size; (ii) no more than one security sticker is permitted on each entry door to the residence, no more than one security sticker is permitted on one window on the front, each side and the back of the residence and no security stickermayexceed4"x4" in size; (iii) no security signs or stickers may be illuminated, and (iv) only security signs or stickers as printed, prepared and provided by a commercial security or alarm company are permitted.

( c) Political Signs and Permitted Flags. "Political Signs" and "Permitted Flags" as defined in Section 8.14 are permitted subject to strict compliance with all applicable provisions of Section 8.14.

8.08.4 Other Signs and Regulations. Without limitation of Sections 4.02, 4.03 or 7.12 regarding Architectural Guidelines, variances and Rules and Regulations, the ACC is also hereby specifically authorized to adopt Rules and Regulations in general and to approve in specific instances such other signs, and such other specifications and regulations regarding the same, as deemed necessary or appropriate and subject to such conditions as determined by the ACC.

8.08.5 Development Period. During the Development Period no signs of any kind may be placed, displayed or maintained upon any Lot, or upon any residence or other structure, or within any residence

CC.

8.08.5 Development Period. During the Development Period no signs of any kind may be placed, displayed or maintained upon any Lot, or upon any residence or other structure, or within any residence or other structure if visible from the exterior thereof, or at any other location upon or within the Subdivision -52 unless prior written approval is obtained from Declarant. The foregoing applies to "For Sale" and "For Lease" signs of any kind but does not apply to security signs or stickers, Political Signs or Permitted Flags as otherwise permitted by this Sections 8.08. This Section 8.08 also does not apply to any signs placed within the Subdivision by Declarant, or by an Authorized Builder as permitted by Declarant, including as to any signs as provided in Exhibit "B" to this Declaration regarding Development Activities.

8.08.6 Default. Any sign of any kind placed or displayed within the Subdivision in violation of this Section 8.08, may be removed at any time by or at the direction of Declarant, the Board or the ACC, and may be discarded as trash without liability for trespass, conversion or damages of any kind. In addition, the Board or the ACC may, after notice and opportunity to be heard, assess as a specific assessment a fine for each day any sign is placed within the Subdivision in violation of this Section 8.08 not to exceed seventy-five dollars ($75 .00) per day per sign, or as otherwise provided by applicable Architectural Guidelines and/or Rules and Regulations.

SECTION 8.09 Traffic Sight Line Areas. No fence, wall, hedge, tree, shrub planting or any other thing or device which obstructs sight lines at elevations between two and eight feet (2' & 8') above a street is

8.09 Traffic Sight Line Areas. No fence, wall, hedge, tree, shrub planting or any other thing or device which obstructs sight lines at elevations between two and eight feet (2' & 8') above a street is permitted (i) on any comer Lot within the triangular area formed by the two (2) boundary lines thereofabutting the comer streets and a line connecting them at points twenty-five feet (25') from their intersection, or (ii) on any Lot within the triangular area formed by the boundary line abutting a street, the edge line of any driveway pavement and a line connecting them at points ten feet (10') from their intersection. Notwithstanding the foregoing, wrought-iron fencing which incorporates vertical bars spaced not less than four inches apart (measured from center to center of each bar) may be placed within either of the aforesaid sight-line areas. The foregoing also does not prohibit construction of any residence or garage at any location permitted by this Declaration, the Plat or applicable governmental regulations even if the residence or garage encroaches upon either of the aforesaid sight line areas.

SECTION 8.10 Window and Door Glass Covers. Glass in windows, doors and other similar openings must be maintained as installed during original construction except as otherwise permitted in writing by the .

ACC. Glass film and similar tinting, and aluminum foil and similar reflective materials, are in all events prohibited for use as a cover for any window or door; provided, factory tinted glass may be approved by the ACC. Only blinds, curtains or drapes with backing material which is white, light beige, cream, light tan or light gray, and blinds or miniblinds of the same color, are permitted, unless otherwise first approved in writing

tains or drapes with backing material which is white, light beige, cream, light tan or light gray, and blinds or miniblinds of the same color, are permitted, unless otherwise first approved in writing by the ACC. 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.

SECTION 8.11 Utilities; Lighting.

8.11.1 Maintenance OfUtilities Required. All utility services intended to be provided to each single family residence as originally constructed, including without limitation water, sewage, electric and gas services, must be maintained by the Owner at all times when a residence is occupied.

8.11.2 Private Utility Lines. All electrical, telephone and other utility lines and facilities which are located on a Lot and which are not owned and maintained by a governmental entity or a utility company must be installed underground unless otherwise approved in writing by Declarant during the Development Period or the ACC, and must be maintained at all times by the Owner of the Lot upon which same is located.

-53 8.11.3 Air Conditioners. No window, wall or exterior roof mounted type air conditioners or heating units, or any part thereof, and no air conditioners or heating units, or any part thereof, which is visible from any street will be permitted. Notwithstanding the foregoing, during the Development Period Declarant may place or approve placement of air conditioner condensing units and related pads, wiring,

e from any street will be permitted. Notwithstanding the foregoing, during the Development Period Declarant may place or approve placement of air conditioner condensing units and related pads, wiring, conduits and devices (an "A/C Unit") such that the A/C Unit is visible from a street, provided that shrubbery must be maintained around the A/C Unit to minimize the visual impact of t~e A/C Unit as determined by Declarant during the Development Period or the ACC thereafter.

8.11.4 Exterior Lighting. Excepting customary Christmas lighting, any exterior lighting of a residence or Lot must be approved by the ACC in accordance with Article IV. No exterior lighting (including Christmas lighting) may be directed outside property lines of the Lot_upon which same is located.

All lighting fixtures ( except Christmas lighting) must be compatible in style and design to the residence where located. Christmas lighting and related decorations and ornamentation may be displayed between November 15 and January 10, and the ACC may in particular instances or through Architectural Guidelines permit other holiday lighting, decorations and ornamentation (all of which for purposes of this Section are referred to as "Christmas Lighting"); provided, the ACC is authorized to fully regulate all Christmas Lighting in particular instances or by Architectural Guidelines to avoid any annoyance, nuisance, safety hazard or unsightly condition or appearance as determined in the sole opinion of the ACC.

SECTION 8.12 Artificial Vegetation, Exterior Sculptures and Similar Items. Unless otherwise approved by Declarant or the ACC, and subject to applicable provisions of Section 8.14, artificial vegetation

ECTION 8.12 Artificial Vegetation, Exterior Sculptures and Similar Items. Unless otherwise approved by Declarant or the ACC, and subject to applicable provisions of Section 8.14, artificial vegetation or other artificial landscaping, exterior sculpture, fountains, flags, birdhouses, birdbaths and other decorative embellishments or similar items are prohibited at any location upon a Lot which is visible from any street or at ground level from another Lot.

SECTION 8.13 Septic Tanks; Irrigation. No septic tank, private water well or similar private sewage or water system is permitted upon any Lot. No sprinkler or irrigation systems of any type which draw upon water from creek, stream, river, lake, pond, canal or any other ground or surface water may be installed, constructed or operated upon any Lot or elsewhere in the Subdivision. Private irrigation wells are prohibited upon any Lot. Sprinkler and irrigation systems installed as Subdivision Facilities will be maintained by the Association. No other sprinkler or irrigation system may be installed upon any Lot or elsewhere in the Subdivision unless approved by Declarant during the Development Period or by the ACC. The foregoing does not preclude use of a "Rainwater Harvesting System" as provided in Section 8.14, subject to strict compliance with all applicable provisions of that Section.

SECTION 8.14 Protected Property Use Policies.

8.14.1 Applicability; Definition. This Section applied to any protected property uses established pursuant to applicable provisions of Chapters 202 and 209 of the Texas Property Code and other applicable law as referenced in this Section, and to any structure, object, thing or device specifically pertaining to the protected property use (a "Protected Property Use Device").

ty Code and other applicable law as referenced in this Section, and to any structure, object, thing or device specifically pertaining to the protected property use (a "Protected Property Use Device").

8.14.2 Prior Approval Required. Except as otherwise expressly provided in this Section or in applicable Architectural Guidelines, if any, prior written approval must be requested and obtained as to any Protected Property Use Device prior to construction, installation or maintenance of the same in accordance with Article IV of this Declaration. Each approval request must also contain sufficient information and/or documentation as necessary to confirm compliance with applicable provisions of this Section 8.14, and with applicable Architectural Guidelines and/or Rules and Regulations, if any.

-54 8.14.3 General Location Requirements. Subject to and without limitation of any other specific location requirements as otherwise stated in this Section or applicable Architectural Guidelines, if any, no Protected Property Use Device may be located, placed or maintained at any location within the Subdivision (i) on any property which is owned by the Association, or owned in common by the Members of the Association and the Association, or (ii) at any other location within the Subdivision except upon the Lot at which the owner of the Protected Property Use Device resides.

8.14.4 Maintenance Requirement. Each Protected Property Use Device must be properly maintained in good condition and appearance at all times. Any deteriorated, damaged, or structurally unsound Protected Property Use Devise must be promptly repaired, replaced or removed.

8.14.5 Energy Efficient Roofing.

(a) This Section applies to "Energy Efficient Roofing" which means shingles that

unsound Protected Property Use Devise must be promptly repaired, replaced or removed.

8.14.5 Energy Efficient Roofing.

(a) This Section applies to "Energy Efficient Roofing" which means shingles that are designed primarily to (i) be wind and hail resistant, (ii) provide heating and cooling efficiencies greater than those provided by customary composite shingles, or (iii) provide solar generation capabilities.

(b) The Association may not prohibit or restrict an Owner who is otherwise authorized to install shingles on a roof on the Owner's Lot from installing Energy Efficient Roofing provided that when installed the shingles: (1) will otherwise comply with all applicable provisions of the Declaration, and with all applicable Architectural Guidelines, if any; (2) resemble the shingles used or otherwise authorized for use in accordance with subsection (1) above on property in the Subdivision; (3) are more durable than and are of equal or superior quality to the shingles described by subsection (1) above; and ( 4) match the aesthetics of the property surrounding the Owner's property.

8.14.6 Political Signs. Political signs advertising a political candidate or ballot item for an election (a "Political Sign") are permitted, subject to the following: (a) No Political Sign is permitted earlier than the 90th day before the date of the election to which the sign relates, and each Political Sign must be removed in its entirety by the 1 ou• day after the election date.

(b) No more than one Political Sign for each candidate or ballot item may be displayed per Lot.

(c) Each Political Sign must be ground-mounted.

( d) No Political Sign may (i) contain roofing material, siding, paving materials,

ical Sign for each candidate or ballot item may be displayed per Lot.

(c) Each Political Sign must be ground-mounted.

( d) No Political Sign may (i) contain roofing material, siding, paving materials, flora, any balloons or lights, or any other similar building, landscaping, or nonstandard decorative component; (ii) be attached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing structure or object; (iii) include the painting of architectural surfaces; (iv) threaten the public health or safety; (v) be larger than four feet by six feet; (vi) violate a law; (vii) contain language, graphics, or any -55 display that would be offensive to the ordinary person; or (viii) be accompanied by music or other sounds or by streamers, or be otherwise distracting to motorists.

( e) The Association may remove and discard any Political Sign which is placed or displayed within the Subdivision in violation of this Section 8.14.6, and/or may impose fines as to the same as provided in Section 8.08.4.

8.14.7 Permitted Flags.

(a) Subject to other applicable provisions of this Section, the Association may not prohibit or restrict an Owner from displaying upon the Owner's Lot (i) one American flag as permitted by the Freedom to Display the American Flag Act of 2005, or (ii) one flag of the State of Texas, and one flag each of any branch of the United States armed forces ( official or replica) as permitted by Section 202.012 of the Texas Property Code (a "Permitted Flag"). Only Permitted Flags may be displayed. All other flags are deemed to be a "sign," and are thereby subject to all applicable provisions of this Declaration.

(b) Permitted Flags may only be displayed from a pole attached to the residence,

d. All other flags are deemed to be a "sign," and are thereby subject to all applicable provisions of this Declaration.

(b) Permitted Flags may only be displayed from a pole attached to the residence, including the appurtenant garage, as herein provided (a "Flagstaff'), or from a free-standing pole installed in the ground as herein provided (a "Flagpole"). All Permitted Flags must be displayed in a respectful manner in accordance with 4 U.S.C., Section 5-10, Texas Government Code, Section 3100, and applicable military codes, as applicable.

( c) In addition to other applicable provisions of this Section (i) the display of any Permitted Flag, and the location and construction of any Flagpole or Flagstaff must comply with all applicable zoning ordinances, easements and setbacks of record, and (ii) no Flagstaff or Flagpole may be located or displayed on any property which is maintained by the Association, including without limitation on any part of a Lot as to which the Association provides lawn or landscape maintenance, or on any part of a residence, including appurtenant garage, which is maintained by the Association.

(d) Not more than one Flagpole or one Flagstaff, and not both, may be place or maintained on any Lot in accordance with the following: ( 1) For purposes of this Section 8.14. 7, "front yard" means a yard within a Lot having a front building setback line with a setback of not less than fifteen feet (15') extending the full width of the Lot between the front Lot line and the front building setback line.

(2) If the applicable Lot has a "front yard," then, either one Flagpole may be installed in the "front yard," or one Flagstaff may be attached to the residence, including an appurtenant garage, located on the applicable Lot.

t has a "front yard," then, either one Flagpole may be installed in the "front yard," or one Flagstaff may be attached to the residence, including an appurtenant garage, located on the applicable Lot.

(3) If the applicable Lot does not have a "front yard," then one Flagstaff may be attached to the residence, including an appurtenant garage, located on the applicable Lot. No Flagpole is permitted on any Lot which does not have a "front yard."

(e) Applicable easements, setbacks and Lot lines must be determined in accordance with the Plat, this Declaration and all other matters of record as reflected by the Official Public Records of Real Property of Dallas County, Texas. For example, a Lot line is not necessarily the same as the abutting street curb, and a building setback is not necessarily the same as the location of the front of a residence.

-56 (f) A Flagpole (i) may not exceed twenty feet (20') in height, (ii) may not exceed eight inches (811 ) in diameter unless approved by the ACC in accordance with the manufacturer's recommendations, and (iii) must be permanently installed in the ground in accordance with the manufacturer's instructions.

(g) A Flagstaff (i) may not be more than four feet ( 4') in length, (ii) may not exceed four inches (4") in diameter unless approved by the ACC in accordance with the manufacturer's recommendations, (iii) may not be attached such that any part of the Flagstaff exceeds in height the lesser of (x) twenty feet (20') in height above ground level, (y) the height of the lower border of the roof on the applicable residence or garage (the eaves), or (z) such lower height as determined by the ACC to be reasonably necessary to obtain aesthetic compatibility and harmony of external design, location and appearance as

sidence or garage (the eaves), or (z) such lower height as determined by the ACC to be reasonably necessary to obtain aesthetic compatibility and harmony of external design, location and appearance as provided in this Declaration or other applicable Governing Documents, and (iv) must be securely attached by a bracket at an angle of 30 to 45 degrees down from vertical and in accordance with the manufacturer's instructions.

(h) Permitted Flags are limited in size to a maximum of three feet (3 ') tall and five feet (5') wide.

(i) Not more than one Permitted Flag may be displayed on a Flagstaff. Not more than one Permitted Flag may be displayed on a Flagpole which is less than twelve feet (12') in height. Not more than two Permitted Flags may be displayed on a Flagpole that is twelve feet (12') to twenty feet (20') in height.

G) A Permitted Flag may be illuminated if it will be displayed at night, and if existing ambient lighting does not provide essentially equivalent lighting as next provided. Any such illumination (i) must be ground mounted in close proximity to the Permitted Flag, (ii) must be pointed towards the center of the flag, and must face and be pointed towards the main residence located on the applicable Lot, (iii) must utilize a fixture that screens the bulb and directs light in the intended direction with minimal spillover, and (iv) may not provide illumination exceeding the equivalent of a 60 watt incandescent bulb.

(k) In addition to the general maintenance requirements set forth in Section 8.14.4, Flagstaffs and Flagpoles must be (i) commercially made for flag display purposes, (ii) constructed of permanent, long-lasting materials with a finish appropriate to the materials use in the construction of the

s and Flagpoles must be (i) commercially made for flag display purposes, (ii) constructed of permanent, long-lasting materials with a finish appropriate to the materials use in the construction of the Flagstaff or Flagpole, and (iii) harmonious with the main residence located on the applicable Lot.

8.14.8 Rainwater Harvesting Systems.

(a) Subject to other applicable provisions of the Section, the Association may not prohibit or restrict installation or maintenance by an Owner on the Owner's Lot of a rain barrel or other rainwater harvesting system (a "Rainwater Harvesting System").

(b) In addition to the general location requirements set forth in Section 8.14.3 hereof, the Rainwater Harvesting System may not be located between the front of the main residence located on the applicable Lot and any adjoining or adjacent street (including any Shared Drive as defined in Section 2.05).

( c) The Rainwater Harvesting System must be ofa color which is consistent with the color scheme of the main residence on the applicable Lot, and may not display any language or other -57 content that is not typically displayed on the Rainwater Harvesting System as it is manufactured.

( d) This subsection applies if and as to each Rainwater Harvesting System which will be installed on or within the side yard area of a Lot, or which would otherwise be visible from any street (including any Shared Drive as defined in Section 2.05), or from any Community Properties, or from another Lot. In each such case the proposed Rainwater Harvesting System is subject to regulation as to the size, type, shielding and materials used in the construction of the system as part of the approval process as provided in

se the proposed Rainwater Harvesting System is subject to regulation as to the size, type, shielding and materials used in the construction of the system as part of the approval process as provided in Section 8.14.2, provided that the economic installation of the system may not be prohibited thereby. The Owner seeking approval of any Rainwater Harvesting System subject to the foregoing must submit with the Owner's approval request a description of methods proposed to shield and otherwise minimize the visibility and visual impact of the system.

( e) Harvested water must be used, and may not be allowed to become stagnant or otherwise cause or create any threat to health or safety. Any unused Rainwater Harvesting System must be removed if any part thereof is visible from any street or Shared Drive, Community Properties or another Lot, or if the unused system may or does cause or create any threat to health or safety.

8.14.9 Solar Energy Devices.

( a) In this Section, "solar energy device" means a system or series of mechanisms designed primarily to provide heating or cooling, or to produce electrical or mechanical power by collecting and transferring solar-generated energy. The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power. The term also includes all components of the solar energy device as applicable, including any related mast, frame, brackets, support structures, piping and wiring.

(b) Solar energy device may be installed or maintained upon any residence or Lot in accordance with this Section.

(c) All solar energy devices must be installed and thereafter maintained in

nd wiring.

(b) Solar energy device may be installed or maintained upon any residence or Lot in accordance with this Section.

(c) All solar energy devices must be installed and thereafter maintained in compliance with the manufacturer's instructions and requirements, and must be installed and thereafter maintained in a manner which does not void any material warranties.

(d) All solar energy devices must be installed and thereafter maintained in such manner as not to cause or create (i) any threat to public health or safety, (ii) any violation of any law, or (iii) any substantial interference with the use and enjoyment of land by causing unreasonable discomfort or annoyance to any adjoining property owner of ordinary sensibilities.

(e) In addition to the general location requirements as set froth in Section 8.14.3 hereof, a solar energy device must comply with the following: (1) No solar energy device may be located on any Community Properties or Subdivision Facilities (2) No solar energy device may be located on a Lot at any location other than (i) entirely on the roof of the main residence located on the applicable Lot, (ii) entirely within a fenced yard area of the applicable Lot, or (iii) entirely within a fenced patio located in the back yard of the applicable Lot.

-58 (f) A solar energy device which is mounted on the roof of the main residence of the applicable Lot must comply with the following: (1) No portion of the solar energy device may extend higher than or beyond the roof line, or extend beyond the perimeter boundary or boundaries of the roof section to which it is attached.

(2) The solar energy device must conform to the slope of the roof to which attached, and must have a top edge that is aligned parallel to the roof ridge line for the roof section to

ch it is attached.

(2) The solar energy device must conform to the slope of the roof to which attached, and must have a top edge that is aligned parallel to the roof ridge line for the roof section to which attached.

(3) The solar energy device must have a frame, brackets, and visible piping or wiring that is a color that matches the roof shingles, or a silver, bronze or black tone commonly available in the marketplace.

( 4) The solar energy device may not have any advertising slogan, logo, print or illustration upon the solar energy device other than the standard logo, printing or illustration which may be included by the applicable manufacturer of the solar energy device.

( 5) The solar energy device must be located on the roof so as not to be visible from any street (including any Shared Drive as defined in Section 2.05). Notwithstanding the foregoing, approval of an alternative roof location may be requested upon submission of proof that (i) the alternate location will increases the estimated annual energy production of the device, as determined by using a publically available modeling tool provided by the National Renewable Energy Laboratory, by more than ten percent (10%) above the energy production of the device iflocated in an area which is not visible from any street (including any Shared Drive) as aforesaid, and (ii) the alternative roof location provides the least visibility from any street as aforesaid from which an increase in the estimated annual energy production as aforesaid can be obtained.

(g) A solar energy devise which is installed within a fenced yard or patio area must comply with the following: (1) No portion of the solar energy device may extend above any part of the fencing which encloses the device.

vise which is installed within a fenced yard or patio area must comply with the following: (1) No portion of the solar energy device may extend above any part of the fencing which encloses the device.

(2) If the fence which encloses the solar energy device is not solid or does not otherwise block the view of the device from the outside of the fence, the ACC may require the device be located behind a structure or otherwise require visual screening.

(3) The Association may consider approval of a solar energy device on a Lot without a fenced yard or patio if adequate screening, as determined by the ACC, is provided to block or minimize visibility of the device from any street (including any Shared Drive) or Community Properties.

8.14.10 Display of Certain Religious Items.

(a) Subject to other applicable provisions of this Section, the Association may not prohibit or restrict an Owner or resident from displaying or affixing one or more religious items on the entry to their residence. Such items include any thing related to any faith that is motivated by the Owner's or resident's sincere religious belief.

-59 (b) Individually or in combination with each other, the items at any entry may not exceed 25 square inches total in size.

( c) The items may only be displayed on or attached to the entry door or door frame, and may not extend beyond the outside edge of the door frame.

( d) To the extent allowed by the Texas state constitution and the United States constitution, any such displayed or affixed religious items may not (i) threaten public health or safety, or (ii) violate any law; or (iii) contain language, graphics or any display that is patently offensive to a passerby.

(e) Approval from the ACC is not required for displaying or affixing religious

ty, or (ii) violate any law; or (iii) contain language, graphics or any display that is patently offensive to a passerby.

(e) Approval from the ACC is not required for displaying or affixing religious items so long as displayed or affixed strictly in compliance with this Section. This Section does not otherwise authorize use of any materials or colors for an entry door or door frame or any alterations to the entry door or door frame unless approved in writing by the ACC.

(f) The Association may remove any religious items displayed in violation of this Section as provided in Section 202.018 of the Texas Property Code.

8.14.11 AdjacentLotUse.

(a) As provided in Texas Property Code, Section 209.015, in this Section "Adjacent Lot" means (i) a Lot that is contiguous to another Lot that fronts on the same street (including any Shared Drive as defined in Section 2.05), or (ii) with respect to a corner Lot, a Lot that is contiguous to the corner Lot by either a side property line or a back property line. Adjacent Lot does not include, and this Section does not permit or apply to, any Lot that is contiguous to another Lot at the back property line.

(b) In accordance with Section 8.03 of this Declaration, each and every Lot within the Subdivision must have a single family residence constructed thereon. It is accordingly the intent hereof that no Adjacent Lots will be located within the Subdivision. To the extent any Adjacent Lot is required to be permitted within the Subdivision by law, the following provisions apply to each such Adjacent Lot: (1) In this Section use of any Adjacent Lot for "residential purpose" as defined in Texas Property Code, Section 209.015 does not include, and this Section does not permit or apply

such Adjacent Lot: (1) In this Section use of any Adjacent Lot for "residential purpose" as defined in Texas Property Code, Section 209.015 does not include, and this Section does not permit or apply to, use of an Adjacent Lot for parking or storage of any recreational vehicle unless otherwise approved in writing by the ACC as provided in Section 2.05.

(2) Through use oflandscaping, fencing (including hedges as defined in Section 8.06) or otherwise, the overall appearance of the Adjacent Lot and the Lot to which the Adjacent Lot is adjoined must be integrated such that the Adjacent Lot and the adjoined Lot appear so far as practicable to be one Lot.

(3) THE OWNER OF EACH ADJACENT LOT MUST PAY ALL REGULAR, SPECIAL AND SPECIFIC ASSESSMENTS AS TO THE ADJACENT LOT AT THE SAME RATES AND IN THE SAME MANNER AS OTHERWISE APPLICABLE TO THE ADJOINED LOT.

( 4) NOTHING IN THIS SECTION, OR IN THIS DECLARATION OR IN ANY OTHER GOVERNING DOCUMENTS, REQUIRES DECLARANT,AN AUTHORIZED BUILDER OR ANY OTHER OWNER OR PERSON TO SELL ANY LOT TO ANY PERSON FOR USE AS AN ADJACENT LOT.

-608.14.12 Compost Sites.

(a) Subject to applicable provisions of this Section, the Association may not prohibit or restrict an Owner from (i) implementing measures to promote solid-waste composting at a location on the Owner's Lot (a "Compost Site") of vegetation, including grass clippings, leaves or brush, or (ii) leaving grass clippings uncollected on grass.

(b) No more than one Compost Site is permitted on each Lot. The Compost Site on each Lot must be located in an area of the yard which is (i) behind the front building setback and completely enclosed by fencing, or (ii) contained completely within a fenced back yard patio area.

(c) Each Compost Site must be approved by the ACC as provided in Section

e front building setback and completely enclosed by fencing, or (ii) contained completely within a fenced back yard patio area.

(c) Each Compost Site must be approved by the ACC as provided in Section 8.14.2, including as to size, type, shielding and materials.

(d) Notwithstanding subsection (a)(ii), grass clippings may not be allowed to accumulate to the extent or in such manner as to cause or create a fire or health hazard, or an unsightly or unkempt condition to a person of ordinary sensibilities.

8.14.13 Xeriscaping.

(a) Subject to applicable provisions of this Section, the Association may not prohibit or restrict an Owner from (i) implementing an efficient irrigation system, including underground drip or other drip system, or (ii) using drought-resistant landscaping or water-conserving natural turf.

(b) Use of gravel, rocks or cacti, or ofartificial turf is permitted only to the extent expressly approved by the ACC. Use of other artificial vegetation is subject to Section 8.12.

( c) All above-ground components and devices as to each irrigation system must be installed or shielded as approved by the ACC so as not to be visible from any street (including any Shared Drive as defined in Section 2.05), and are also subject to reasonable requirements of the ACC regarding installation and visibility limitations for aesthetic purposes which do not restrict water conservation.

( d) Detailed plans and specifications must be submitted to and approved by the ACC for installation of drought-resistant landscaping or water-conserving natural turf to ensure to the extent reasonably practicable maximum aesthetic compatibility with other landscaping in the Subdivision, and compliance with other applicable provisions of this Declaration and other Governing Documents. The ACC

onably practicable maximum aesthetic compatibility with other landscaping in the Subdivision, and compliance with other applicable provisions of this Declaration and other Governing Documents. The ACC may not unreasonably deny or withhold approval of drought-resistant landscaping or water-conserving natural turf, or unreasonably ·determine a proposed installation is aesthetically incompatible with other landscaping in the Subdivision.

( e) Without limitation of any other provisions of this Declaration or any other Governing Documents, Declarant during the Development Period, and the Board or the ACC thereafter, are hereby specifically authorized to adopt specific Architectural Guidelines restricting the type of the turf to be installed during initial construction of a residence on a Lot, and/or in the planting of new turf to encourage or require water conserving turf.

-61 8.14.14 Standby Electric Generators.

(a) Subject to other applicable provisions of this Section, the Association may not prohibit or restrict installation, operation or maintenance of a permanently installed standby Electric Generator by an Owner on the Owner's Lot.

(b) to electrical energy and is: fuel, or hydrogen; enclosure; automatic transfer switch; and "Standby Electric Generator" means a device that converts mechanical energy (1) permanently installed; (2) powered by natural gas, liquefied petroleum gas, diesel fuel, biodiesel (3) fully enclosed in an integral manufacturer-supplied sound attenuating ( 4) connected to the main electrical panel of a resident by a manual or (5) rated for a generating capacity of not less than seven kilowatts.

( c) A Standby Electric Generator must be installed and continuously maintained

main electrical panel of a resident by a manual or (5) rated for a generating capacity of not less than seven kilowatts.

( c) A Standby Electric Generator must be installed and continuously maintained in compliance with the manufacturer's specifications, and with all applicable governmental health, safety, electrical and building codes, including as to (i) all electrical, plumbing and fuel line connections, all applicable natural gas, diesel fuel, biodiesel fuel or hydrogen fuel line connections, and all liquefied petroleum gas fuel line connections, and (ii) any nonintegral Standby Electric Generator fuel tanks. All liquified petroleum gas fuel lines must also be installed, connected and continuously maintained in accordance with applicable rules and standards promulgated and adopted by the Railroad Commission of Texas.

( d) Each Standby Electric Generator and its electrical lines and fuel lines must be maintained in good condition at all times. Any deteriorated or unsafe components must be promptly and properly repaired, replaced or removed.

( e) A Standby Electric Generator must comply with the location requirements of Section 8.14.3. A Standby Electric Generator must be screened if it is: (1) visible from the street or Shared Drive faced by the applicable residence; (2) located in an unfenced side or rear yard of the applicable residence and is visible either from an adjoining residence or from adjoining property owned or maintained by the Association or owned in common by the members of the Association; or (3) located in a side or rear yard fenced by a wrought iron or residential aluminum fence and is visible through the fence either from an adjoining residence or from adjoining property

Association; or (3) located in a side or rear yard fenced by a wrought iron or residential aluminum fence and is visible through the fence either from an adjoining residence or from adjoining property owned or maintained by the Association or owned in common by the members of the Association.

-62 (f) In addition to the requirements as set forth in subsection ( e) above, a Standby Electric Generator must be located and screened to the extent reasonably achievable to minimize its visibility and noise impact as to any adjoining street or Shared Drive, Community Properties or any adjoining or area Lots. Notwithstanding the foregoing the ACC may not require a location based on this subsection (f) if the required location would (i) increase the cost of installing the Standby Electric Generator by more than 10 percent, or (ii) increase the cost of installing and connecting the electrical and fuel lines for the Standby Electric Generator by more than 20 percent.

(g) The use of a Standby Electric Generator is prohibited to generate all or substantially all of the electrical power to the applicable residence, except when utility-generated electrical power to the residence is not available or is intermittent due to causes other than nonpayment for utility service to the residence. A Standby Electric Generator may be periodically tested only in accordance with the manufacturer's minimum testing recommendations.

(h) Installation of a Standby Electric Generator must be approved by the ACC as provided in Section 8.14.2. In any hearing, action or proceeding to determine compliance with this Section 8.14.14, the party asserting noncompliance bears the burden of proof.

8.14.15 Architectural Guidelines. Without limitation of any other provisions of this

ing to determine compliance with this Section 8.14.14, the party asserting noncompliance bears the burden of proof.

8.14.15 Architectural Guidelines. Without limitation of any other provisions of this Declaration or any other Governing Documents, Declarant during the Development Period and the Board or the ACC thereafter are hereby specifically authorized to amend any of the provisions of this Section 8.14 regarding Protected Property Use Devices by amendment of this Declaration and/or by adoption or amendment of Architectural Guidelines and/or Rules and Regulations, subject to applicable provisions of the Texas Property Code and/or other applicable law.

Article IX Easements SECTION 9.01 Incorporation of Easements. All easements, dedications, limitations, restrictions and reservations shown on any Plat and all validly existing grants and dedications of easements and related rights heretofore made or hereafter established as herein provided affecting the Subdivision or any Lots and filed in the Official Public Records of Real Property of Dallas County, Texas, are incorporated herein by reference and made a part of this Declaration for all purposes, and are deemed to be incorporated in each and every contract, deed or conveyance executed or to be executed by any Person covering any portion of the Subdivision, including any Lot. In the event of any conflict between any of the foregoing filed after the date of filing of this Declaration and any provisions of this Declaration, the provisions of this Declaration control.

The foregoing does not in any manner give effect to any instrument of record which would not otherwise be effective or other than in accordance with the instrument and applicable law.

aration control.

The foregoing does not in any manner give effect to any instrument of record which would not otherwise be effective or other than in accordance with the instrument and applicable law.

SECTION 9.02 Easements for Encroachments and Overhangs. This Section 9.02 applies to any overhead encroachments and overhangs of walls, roofs or other part of any building or structure, to building steps, fireplaces, chimneys, bay windows and similar architectural details, to paving and driveway approaches and inturns and to footings, piers (including the bell or any other part of bell piers), piles, grade beams and similar improvements, and to any encroachments as to any portion of any roadway, walkway, parking area, driveway, water line (including irrigation line), sewer line and utility line ("Permitted Encroachment"). If any Permitted Encroachment originates during original construction or results at any time from settling or shifting on, into, under or above any adjoining Lot or on, into under or above the Community Properties by a distance of not more than thirty inches (30") from any point on the common Lot line, then it is deemed that the Owner of the Lot or the Community Properties encroached upon, into, under or above has granted a perpetual -63 easement for continuing maintenance and use of such encroaching improvements, and for maintenance, repair or replacement thereof if performed in substantial compliance with the original construction. A Permitted Encroachment also includes encroachments which are completely underground, and applies in like manner to setback lines. The term "original construction" as used in this Section means construction, placement or

ent also includes encroachments which are completely underground, and applies in like manner to setback lines. The term "original construction" as used in this Section means construction, placement or modification of improvements which occurs through "completion of the initial sale" of a Lot (as defined in Section B2.01 of Exhibit "B" to the Declaration).

SECTION 9.03 Maintenance Access Easements.

9.03.1 Applicability. The Maintenance Access Easement set forth in this Section 9.03 applies to any Lot or Community Properties, or any part thereof, which is adjacent to another Lot or Community Properties, or any part thereof, upon which any "Accessing Property Improvement" is located.

The property upon which any Accessing Property Improvement is located is herein referred to as the "Accessing Property." The adjacent property to be accessed pursuant to the Maintenance Access Easement is herein referred to as the "Access Easement Property." The area of land on the Access Easement Property to which the Maintenance Access Easement will apply is herein referred to as the "Access Area." "Accessing Property Improvement" means any of the following improvements, ANY PART OF WHICH IS LOCATED ON THE ACCESSING PROPERTY WITHIN THREE FEET OF THE LOT LINE OR BOUNDARY LINE OF THE ACCESS EASEMENT PROPERTY: (i) any residence or garage, and any boundary line fencing as originally constructed during the Development Period, (ii) any utilities or Subdivision Facilities as described in Section 9.05, and (iii) any other improvements constructed or placed within the Access Area as permitted by Section 9.03.5 hereof.

9.03.2 Establishment; Purposes. Each Access Easement Property is subject to a non­

and (iii) any other improvements constructed or placed within the Access Area as permitted by Section 9.03.5 hereof.

9.03.2 Establishment; Purposes. Each Access Easement Property is subject to a non­ exclusive access easement upon, over, under and across the Access Easement Property to the extent and for the purposes hereafter stated (the "Maintenance Access Easement"). The Maintenance Access Easement also includes all necessary rights of ingress, egress and regress thereto and there from. The Maintenance Access Easement is for the use and benefit of the Owner of the Accessing Property, and their agents, contractors or employees, for the purposes of inspection, construction, maintenance, repair or replacement of any Accessing Property Improvement.

9 .03 .3 Permitted Access Area. The Access Area will consist of a strip ofland on the Access Easement Property abutting and extending along the entire common boundary line of the Accessing Property and the Access Easement Property. The Access Area will extend from the said common boundary line, inward on to the Access Easement Property for a distance of not less than three feet nor more than six feet, as may be reasonably required, provided that, except in the case of an emergency, in no other event will the Maintenance Access Easement extend to any part of any single family residence, garage, or other building located on the Access Easement Property.

9.03.4 Notice: Duration: "Emergency" Defined.

(a) Prior to use of the Access Area, the Owner or occupant of the Accessing Property must give written notice of intent to utilize the Access Area, stating therein the nature of intended use and the anticipated duration of such usage. The notice must be delivered to the Owner or occupant of

ive written notice of intent to utilize the Access Area, stating therein the nature of intended use and the anticipated duration of such usage. The notice must be delivered to the Owner or occupant of Access Easement Property by regular or certified mail, or by personal delivery, or by attaching the notice to the front door of the residence located upon the Access Easement Property. If by mail, the notice must be given at least ten days prior to use of the Access Area; and ifby personal delivery or affixing to the front door, the notice must be given at least seven days prior to use of the Access Area. In the case of an emergency the Owner or occupant of the Accessing Property may commence and continue usage of the Access Area without -64 giving the foregoing notice for so long as is reasonably necessary to control the emergency and complete work necessitated thereby, but must proceed with giving of the required notice as soon as practical after commencement of usage.

(b) As used in this Section ( and in this Declaration, and in any other Governing Documents when applicable), "emergency" means (i) any condition which may or does cause an imminent risk of infestation by termites, rats or other vermin, or any other health, fire or safety hazard, (ii) any condition which may or does cause water infiltration in to another Lot, Community Properties or any improvements located thereon, and (iii) any other thing, condition or exigent circumstances which may or does present an imminent risk of harm or damage to any Lot or Community Properties, or any improvements thereon or to any Owners or occupants thereof. The determination of the Board or its Related Parties that an emergency exists is final.

9.03.5 Usage. THE ACCESS AREA MAYBE UTILIZED ONLY WHEN AND ONLY TO

ereon or to any Owners or occupants thereof. The determination of the Board or its Related Parties that an emergency exists is final.

9.03.5 Usage. THE ACCESS AREA MAYBE UTILIZED ONLY WHEN AND ONLY TO THE EXTENT THE APPLICABLE INSPECTION, CONSTRUCTION, MAINTENANCE, REPAIR OR REPLACEMENT CANNOT BE REASONABLY CONDUCTED WITHIN THE BOUNDARIES OF THE ACCESSING PROPERTY. Without limitation of the foregoing or any other provisions of this Section 9.03, usage of the Access Area is also limited to the minimum reasonable amount of time and area required to perform and complete the applicable inspection, construction, maintenance, repair or replacement of the applicable Accessing Property Improvement. Work during the usage period must be conducted in such manner as to minimize so far as reasonably possible inconveniences and disruptions to the Access Easement Property and its occupants. Except in the case of an emergency or unless otherwise authorized by the Owner or occupant of the Access Easement Property, work during the usage period may not be conducted during legal holidays or any Sunday and must otherwise be confined to the hours of7:00 a.m. to 7:00 p.m., Monday through Friday and 9:00 a.m. to 6:00 p.m. on Saturdays.

9.03.6 ACC Approval of Access Area Improvements Required. No building, structure or other improvements may be constructed, placed, installed or maintained within the Access Area of any Lot unless approved by the ACC as provided in Article IV and this subsection; provided that the foregoing does not apply (i) to any building, structure or improvement constructed or placed within the Access Area during original construction during the Development Period, or (ii) to grass, or to customary, non-exotic flower and

any building, structure or improvement constructed or placed within the Access Area during original construction during the Development Period, or (ii) to grass, or to customary, non-exotic flower and shrubbery beds. The ACC may not approve any such buildings, structures or improvements which would substantially interfere with, or be unduly burdensome to, or which would cause excessive expense to any potential owner or occupant of any Accessing Property if access becomes necessary as herein provided. The ACC also may not approve construction of any addition to a residence or garage as originally constructed during the Development Period which would be located within three feet of an adjacent Lot line without the prior written consent of the Owner or Owners of all such adjacent property or properties and the approval of the permitting department of any applicable governmental agency.

9.03.7 Restoration. Promptly after completion of usage of an Access Area, the applicable Owner and occupant of the Accessing Property must thoroughly clean the Access Area, and must repair and restore the same to substantially the same condition that existed at the time of commencement of usage. The foregoing includes repair or replacement of any property line fencing which is damaged or removed as a result of such usage. The foregoing does not include or apply to any building, structures or improvements which have been placed in the Access Area without written ACC approval. AT THE TIME OF RECEIPT OF NOTICE, THEOWNEROROCCUPANTOFTHEACCESSEASEMENTPROPERTYMUSTPROMPTLY NOTIFYTHEOWNEROROCCUPANTOFTHEACCESSINGPROPERTYINWRITINGASPROVIDED IN SECTION 9.03.4 OF ANY STRUCTURES OR IMPROVEMENTS WITHIN THE ACCESS AREA WHICH HA VE BEEN APPROVED BY THE ACC.

-65 -

RTYMUSTPROMPTLY NOTIFYTHEOWNEROROCCUPANTOFTHEACCESSINGPROPERTYINWRITINGASPROVIDED IN SECTION 9.03.4 OF ANY STRUCTURES OR IMPROVEMENTS WITHIN THE ACCESS AREA WHICH HA VE BEEN APPROVED BY THE ACC.

-65 SECTION 9 .04 Association and ACC Blanket Access Easement. The Association, the ACC and their Related Parties have a continuing nonexclusive easement upon, over, under and across each Lot, and as to the exterior of the residence, garage and any other improvement thereon to the extent reasonably necessary for the performance of any of the functions or duties of the Association or ACC or exercise of any of their rights under this Declaration. Prior to exercise of such easement rights written notice must be given to the Owner or occupant of the affected Lot stating the expected date of commencement of usage, the nature of the intended use and anticipated duration of such usage. The notice may be given by attaching the notice to the front door of the applicable residence, or in any other manner as permitted by Section 10.05. In case of an emergency the right of entry and usage will be immediate without notice, but in such case notice as aforesaid must be given as reasonable soon as practicable. Promptly after completion of usage, the accessed area must be thoroughly cleaned, repaired and/or restored as needed to substantially restore the accessed area to at least the same condition that existed at the time of commencement of usage.

SECTION 9.05 Governmental Functions, Utilities and Other Services.

9 .05.1 Governmental Functions; Removal of Obstructions. Blanket non-exclusive easements and rights-of-way are hereby granted to all applicable governmental authorities, to all police, fire protection,

.05.1 Governmental Functions; Removal of Obstructions. Blanket non-exclusive easements and rights-of-way are hereby granted to all applicable governmental authorities, to all police, fire protection, ambulance and other emergency vehicles, to garbage and trash collection vehicles and other service vehicles , to the United States Post Office and similar services, and to the respective agents and employees of all of the foregoing, for access, ingress and egress upon, over and across any portion of each Lot and throughout the Subdivision for purposes of the performance of any official business without liability of any kind.

APPLICABLE GOVERNMENTAL AUTHORITIES AS AFORESAID ARE ALSO SPECIFICALLY AUTHORIZED TO REMOVE OBSTRUCTIONS IF NECESSARY FOR EMERGENCY AND SERVICE VEHICLE ACCESS, AND TO ASSESS THE COST OF REMOVAL TO THE OWNER OF THE OBSTRUCTION.

9.05.2 Utilities.

(a) Easements as shown on an applicable recorded Plat or otherwise ofrecord and rights of entry to them for installation, maintenance and operation of utilities and drainage facilities are reserved. Within these easements, no structure, planting or other materials may be placed or permitted to remain which may damage or interfere with the installation, maintenance or operation of utilities. The easement areas of each Lot and all improvements therein or thereon must be maintained by the Owner of the Lot, except those improvements of a public authority or utility which will be maintained by such authority or utility. The title to a Lot does not include title to any utility facilities located within easements or streets. No public authority or utility is liable for damage to any plants, structure or buildings located in or on such

ot does not include title to any utility facilities located within easements or streets. No public authority or utility is liable for damage to any plants, structure or buildings located in or on such easements or streets because of the installation or maintenance of the utility facilities.

(b) In addition to all other applicable easements as established herein or by any Plat, a private non-exclusive easement is hereby granted under any street located within the Subdivision for purposes of erecting, installing, operating, maintaining, replacing, inspecting and removing any electrical, water, sewer, gas, cable television and any other utilities as determined by the Board, together with rights of ingress and egress to or from any such easement. This easement does not include by implication or otherwise any appurtenant aerial easement.

(c) No pipe, conduit, cable, or line for water, gas, sewage, drainage, steam, electricity or any other energy or utility service may be installed or maintained ( outside of any building) above the surface of the ground upon any Lot or at any other place within the Subdivision unless otherwise approved in writing by Declarantduring the Development Period or the Board thereafter.

-66 ( d) Declarant during the Development Period and the Board thereafter may also extend, from time to time and at any time, any part of or all of the Drainage Easements established by Section 8.04.5 to permit temporary or permanent usage of same for the purposes of installing, maintaining, repairing, replacing or removing any utilities, including but not limited to, water, sewer, gas, electric, cable or telecommunication (a "Utility Easement"). Without limitation, the foregoing includes the right ofDeclarant

r removing any utilities, including but not limited to, water, sewer, gas, electric, cable or telecommunication (a "Utility Easement"). Without limitation, the foregoing includes the right ofDeclarant during the Development Period to locate and maintain upon any Lot or Community Properties any meters, submeters, backflow valves and any other lines, pipes, equipment or facilities related to providing of any utilities and/or related services to the Subdivision, or to any Lot or the Community Properties. The provisions of Section 8.04.5 regarding encroachments also apply to any Utility Easements.

9.05.3 Certain Subdivision Facilities.

(a) During the Development Period, Declarant may establish easements within the Subdivision (and is deemed to have established such easements as hereafter provided), including upon, under, over and across any Lot or Community Properties, as Declarant may determine for the placement, installation, operation, maintenance, repair or replacement of (i) mail box banks, water banks, water vaults, master water meters, electrical banks and/or other utilities, facilities or services designed to serve two or more single family residences, (ii) Subdivision entry and/or other identification signs and/or monuments, (iii) lines, wires, conduits, cables, pipes, manholes, hydrants and any and all other components, equipment, facilities or devices relating to any of the foregoing, and (iv) reasonable working space, and necessary rights of access, ingress, egress and regress relating to any of the foregoing. Nothing in this Section, including the foregoing, requires Declarant or the Association to construct, install, maintain, repair or replace any of the foregoing, or

ss relating to any of the foregoing. Nothing in this Section, including the foregoing, requires Declarant or the Association to construct, install, maintain, repair or replace any of the foregoing, or if constructed or installed to maintain, repair or replace any of the same if and to the extent any of the same is otherwise maintained by any utility provider or governmental or quasi-governmental agency.

(b) PERMANENT EASEMENTS ARE DEEMED ESTABLISHED BY DECLARANT REGARDING, COVERING AND AS TO ANY SUBDIVISION FACILITIES PLACED OR CONSTRUCTED UPON ANY LOT OR COMMUNITY PROPERTIES BY DECLARANT DURING THE DEVELOPMENT PERIOD TOGETHER WITH REASONABLE WORKING SPACE AND NECESSARY RIGHTS OF INGRESS, EGRESS AND REGRESS FOR PURPOSES OF THE INSTALLATION, MAINTENANCE, OPERATION, REPAIR AND REPLACEMENT OF THE FACILITY. Declarantmay, but is not required to, file a formal easement or easements covering any such Subdivision Facilities in the Official Public Records of Real Property of Dallas County, Texas, either during or after termination of the Development Period, and the Board may do so at any time after termination of the Development Period.

9.05.4 A/C Condensing Units.

(a) General. Declarant may place or approve placement of air conditioner condensing units and related pads, wiring, conduits and devices (an "A/C Unit") along any Lot line of a residence in such manner that the A/C Unit encroaches on an adjacent Lot, adjacent reserve subject to Association controi or adjacent Community Properties (i) to a distance of not more than forty-eight inches ( 48 ") in the case ofan A/C Unit located along the Zero Lot Line ofa residence, and (ii) to a distance of twenty­ four inches (24 ") in any other case. In either case, it is deemed that the Owner of the encroached upon

ofan A/C Unit located along the Zero Lot Line ofa residence, and (ii) to a distance of twenty­ four inches (24 ") in any other case. In either case, it is deemed that the Owner of the encroached upon property, including the Association, has granted perpetual easements (x) for continuing placement of the A/C Unit(s) thereon, and (y) for maintenance, repair and replacement of the A/C Unit(s) in substantial compliance with the original installation of the A/C Unit(s). To the extentthe Owner of the Lot with the encroachingA/C Unit(s) or their Related Parties do not otherwise have reasonable outside access from the front of the residences to the rear of the residence, the Owner of the encroached upon property is also deemed to have granted a perpetual easement for ingress, egress and regress around the A/C Unit(s) and over the encroached -67 upon property to the extent reasonably necessary for such access. The A/C Unit( s) may also be enclosed by property line fencing around the part(s) of the A/C Unit(s) which extend over the Lot line in such manner as may be approved by Declarant or the ACC. Declarant or the ACC may also prohibit fencing along the common boundary line along which one or more A/C Units encroach, and/or limit fencing to enclosure at the front and back of the residence sharing the common boundary line (with gates).

(b) A/C Unit Banks. Without limitation of the preceding subsection, during the Development Period Declarant may place or authorize placement of multiple A/C Units upon one or more Lots such that the multiple A/C Units service one or more Lots other than the Lot( s) upon which the A/C Units are located. In such event the easements as established by Sections 9.03 and 9.04 and as provided in the preceding

le A/C Units service one or more Lots other than the Lot( s) upon which the A/C Units are located. In such event the easements as established by Sections 9.03 and 9.04 and as provided in the preceding subsection regarding placement, maintenance, repair and replacement apply to all such multiple A/C Units and also extend to any wires, lines, conduits and devices extending from each such A/C Unit to the Lot to be serviced by the applicable A/C Unit.

SECTION 9.06 Access.

9.06.1 Egress/Regress to Public Way Required. All single family residences must be constructed, and thereafter same and related improvements must be maintained, such that a continuous and unobstructed means of ingress, egress and regress to a common public way is maintained in accordance with applicable building codes and ordinances.

9.06.2 Reciprocal Street Easements. The Owner of each Lot in the Subdivision irrevocably grants to each other Owner of a Lot in the Subdivision, and to Declarant, the Association and their Related Parties, reciprocal, perpetual, and non-exclusive rights-of-way and roadway easements for purposes ofingress, egress, passage, and travel by vehicles and pedestrians over and across each and all streets located within the Subdivision (including any Shared Drive). In addition, each said Owner hereby grants perpetual easements to Declarant, the Association and their Related Parties for, and irrevocably designates the Association as their agent in fact for, purposes of (i) installation, maintenance, repair, or replacement of all private streets and all other improvements incident thereto as determined in the sole opinion ofDeclarant and/or the Board, and (ii) regulation of all aspects of usage of all private streets by Owners, their tenants, their Related Parties, and all

dent thereto as determined in the sole opinion ofDeclarant and/or the Board, and (ii) regulation of all aspects of usage of all private streets by Owners, their tenants, their Related Parties, and all other Persons, in accordance with applicable Governing Documents, and in connection therewith each Owner agrees that no other easements or rights of usage of any kind may be granted by any Owner in, upon, under, over or across any private street without the prior written consent ofDeclarant or the Association. Each Owner hereby additionally grants to Declarant, the Association and their Related Parties a secondary easement not to exceed four feet from each side of any private street (including any Shared Drive), and as to as much additional surface of each Owner's Lot per Section 9.04 as reasonably necessary for the installation, maintenance, repair, or replacement of a any private street and related improvements.

SECTION 9 ,07 Easements Perpetual and Not Conveyed. Title to any Lot conveyed by contract, deed or other conveyance may not be held or construed in any event to include the title to any easement established by or pursuant to this Declaration , including this Article IX, and including but not limited to any roadways or any drainage, water, gas, sewer, storm sewer, electric light, electric power, telegraph or telephone way or any pipes, lines, poles, or conduits on or in any utility facility, service equipment or appurtenances thereto.

Easement rights established by or obtained pursuant to this Article IX may not, once established or obtained, be adversely effected by any amendment of this Declaration. The foregoing does not limit subsequent abandonment or other modification of easement rights in accordance with applicable instruments covering any

rsely effected by any amendment of this Declaration. The foregoing does not limit subsequent abandonment or other modification of easement rights in accordance with applicable instruments covering any easement, by consent or agreement of the affected parties, or as otherwise provided by law.

-68 ArticleX General Provisions SECTION 10.01 Development Period. All provisions set fmth in Exhibit "B" attached hereto and entitled "Development Period" are incorporated by reference herein. Notwithstanding any other provisions of this Declaration or any other Governing Documents to the contrary, all provisions set forth in Exhibit "B" apply during the Development Period (and thereafter as therein provided).

SECTION 10.02 Enforcement.

10.02.1 Right to Enforce. The Association, its successors and assigns, and any Owner have the right to enforce observance and performance of all restrictions, covenants, conditions and easements set forth in this Declaration and in other Governing Documents, and in order to prevent a breach thereof or to enforce the observance or performance thereof have the right, in addition to all legal remedies, to an injunction either prohibitive or mandatory.

10.02.2 Confidentiality. In order to encourage open communications between the Association and its Related Parties and any Owner, tenant, their Related Parties and other affected parties, and in an effort to minimize confrontations among neighbors and other affected parties, the identity of all Persons who provide or from whom any violation report is obtained will so far as practical be kept confidential except as otherwise required by law; and all documentation and other communications relating to any such violation reports will

olation report is obtained will so far as practical be kept confidential except as otherwise required by law; and all documentation and other communications relating to any such violation reports will likewise be kept confidential. The foregoing does not preclude the Association from disclosing any of the foregoing information when in the opinion of the Board the best interests of the Association requires such disclosure, and all Owners hereby consent to such disclosure.

10.02.3 Verification of Defaults; Notices of Non-Compliance.

(a) Declarant, the Association or any of their Related Parties may photograph any violations or suspected violation at any time and otherwise obtain evidence to confirm the existence or nonexistence of any suspected violation in any reasonable manner without liability in trespass or otherwise.

Each Owner, tenant and their Related Parties must fully cooperate with Declarant, the Board and their Related Parties regarding verification of the existence or nonexistence of any violation, including conducting of on-site inspections and in any other reasonable manner upon request. No notice of any kind is required regarding verification which does not require entry into any area enclosed by any Lot Fencing or into the interior of a residence. Otherwise, the notice provisions of Section 9.03.2 apply.

(b) At any time the Board determines there exists any noncompliance with any provisions of this Declaration or other Governing Documents, the Board may at its option direct that a Notice of Noncompliance be filed in the Official Public Records of Real Property of Dallas County, Texas covering the affected Lot or Lots and the Owner(s) thereof atthe sole cost and expense of such Owner(s). All such costs

be filed in the Official Public Records of Real Property of Dallas County, Texas covering the affected Lot or Lots and the Owner(s) thereof atthe sole cost and expense of such Owner(s). All such costs and expenses are due and payable upon demand, are deemed a specific assessment applicable to the affected Lot(s) and are secured by the Association's continuing assessment lien.

10.02.4 Liabilities and Indemnities Resulting from Violations.

(a) Definitions. The following definitions apply in this Section (and in this Declaration and other Governing Documents as applicable): -69 (1) "Claim(s)" means the assertion of any legal right, including without limitation, demands or legal actions (whether filed or threatened), alleging responsibility for any Loss.

(2) "Compliance Costs" means court costs of every kind at all levels, attorneys' fees and other costs or expenses of every kind incurred to investigate, prepare, prosecute, defend or settle any Claim, Loss or Violation by any means, including legal action or alternative dispute resolution action or proceeding, and including without limitation (i) any and all costs, expenses and attorneys' fees incurred to establish the right to be indemnified, defended and/or held harmless, (ii) to investigate or establish any Violation, (iii) for expert witness fees, charges or expenses (including consulting and expert witnesses), (iv) for depositions and any other discovery proceedings, (v) regarding any enforcement action or proceeding, including as incurred in connection with the judicial ornonjudicial foreclosure of the Association's assessment lien and the prosecution or defense of any Claims relating to any such foreclosure proceedings, and including

in connection with the judicial ornonjudicial foreclosure of the Association's assessment lien and the prosecution or defense of any Claims relating to any such foreclosure proceedings, and including as to any other successful actions or proceedings as to any defense, counterclaim or cross claim asserted as to any enforcement action or proceeding, and (vi) for all sums of money which Declarant, the Association or their Related Parties may pay or become liable to pay as a consequence, directly or indirectly, in whole or in part, of any Claim, Loss or Violation and whether incurred prior to, during or after proceedings in a court of competent jurisdiction.

(3) "Loss(es)" means any actual or alleged liability, cost or expense (including Compliance Costs), loss, damage (including actual, consequential and punitive), injury, hurt, physical harm to or death of any natural Person, harm to or impairment, loss or diminution in the value of tangible or intangible property or its use,judgment or penalty of whatsoever nature, kind or description.

( 4) "Violation( s)" means ( whether ornot capitalized) any breach ofor failure to comply with any covenant, condition, restriction, easement, obligation, responsibility or duty pursuant to this Declaration or any other Governing Documents, whether by commission or omission.

(b) Liability; Indemnity. EACH OWNER AND EACH TENANT OF AN OWNER WHO COMMITS, OR WHO IS RESPONSIBLE FOR, A VIOLATION OR VIOLATIONS OF ANY OF THE PROVISIONS OF THIS DECLARATION OR ANY OTHER GOVERNING DOCUMENTS, IRRESPECTIVELY OF ANY NEGLIGENCE OR OTHER FAULT (OR LACK THEREOF), IS JOINTLY, SEVERALLY AND STRICTLY LIABLE FOR PAYMENT AS APPLICABLE TO DECLARANT, THE ASSOCIATION AND THEIR RELATED PARTIES FOR, AND MUST INDEMNIFY, DEFEND AND

IGENCE OR OTHER FAULT (OR LACK THEREOF), IS JOINTLY, SEVERALLY AND STRICTLY LIABLE FOR PAYMENT AS APPLICABLE TO DECLARANT, THE ASSOCIATION AND THEIR RELATED PARTIES FOR, AND MUST INDEMNIFY, DEFEND AND HOLD AND SAVE HARMLESS AS APPLICABLE DECLARANT. THE ASSOCIATION AND THEIR RELATED PARTIES FROM, ANY CLAIM, COMPLIANCE COSTS OR LOSS ARISING, DIRECTLY OR INDIRECTLY, IN WHOLE ORIN PART, ORAS OTHERWISE INCURRED OR ATTRIBUTABLE TO ANY SUCH VIOLATION(S).

(c) Liability for Conduct of Others ("Related Parties"). Each Owner and the tenant of each Owner must ensure that their respective Related Parties strictly comply with all applicable provisions of this Declaration and all other Governing Documents. Each Owner and each Owner's tenant is jointly, severally and strictly liable for all consequences of any such violation by their respective Related Parties. To the same extent as aforesaid each Owner and each tenant must indemnify, defend and hold and save harmless as applicable Declarant, the Association and their Related Parties from any Claim, Compliance Costs or Loss made or asserted by Related Parties of the Owner or the Owner's tenant attributable directly or indirectly, to any such violation, said indemnification to be secured and paid as provided in this Section.

(d) Specific Assessment; Payment. All Compliance Costs and/or Losses as provided in this Section will be assessed as specific assessments, and are secured by the continuing lien -70 established by Article V hereof. All such sums are due and payable upon demand as applicable by Declarant, the Association or their Related Parties without the necessity of any other or further notice of any act, fact or information concerning the rights of Declarant, the Association or their Related Parties are the liabilities of

Related Parties without the necessity of any other or further notice of any act, fact or information concerning the rights of Declarant, the Association or their Related Parties are the liabilities of the applicable Owner, Owner's tenant or Related Pa~ies of either under this Section; provided, in the case of indemnification the demand must contain a statement setting forth the payment or liability to pay with sufficient detail to identify the basis for the payment or liability to pay.

10.02.5 Fines.

(a) Subject to Section 10.02.7, fines may be imposed as specific assessments by the Board for any violation of this Declaration or other Governing Documents except non-payment of assessments. The Board may fix the amount of a fine for each violation on a case by case basis, or the Board may adopt fining schedules and other applicable Rules and Regulations regarding fines. In the latter event the Board will nonetheless retain full authority to adjust any fines as in its sole judgment the circumstances in any case may require. Fines may be progressive such as setting of increasing fine amounts for a first violation, second violation and subsequent violations, a second or subsequent violation meaning any violation which is similar to any prior violations which occur within six months after the date of the first violation notice given in accordance with Chapter 209 of the Texas Property Code.

(b) Unless otherwise determined by the Board as above provided, a fine in the amount of $75 .00 will be assessed as to each violation of this Declaration or other Governing Documents ( other than non-payment of assessments). The $75 .00 fine will be assessed for each calendar month or any

75 .00 will be assessed as to each violation of this Declaration or other Governing Documents ( other than non-payment of assessments). The $75 .00 fine will be assessed for each calendar month or any part thereof during which the violation continues, commencing with the calendar month following expiration of thirty days from the date notice of the violation is given in accordance with Chapter 209 of the Texas Property Code. The foregoing provisions are in addition to any other costs and expenses for which the violating Owner (and the Owner's tenant(s), as applicable) are responsible under this Declaration or any other Governing Documents.

10 .02.6 Filing of Notices ofN on-Compliance. At any time the Board determines there exists any noncompliance with any provisions of this Declaration or other Governing Documents, the Board may at its option direct that a Notice of Noncompliance be filed in the Official Public Records of Real Property of Dallas County, Texas covering the affected Lot or Lots and the Owner(s) thereof at the sole cost and expense of such Owner(s). All such costs and expenses are due and payable upon demand, are deemed a specific assessment applicable to the affected Lot( s) and are secured by the Association's continuing assessment lien.

10.02.7 Notice Required Before Enforcement Action. Before the Association may suspend an Owners right to use any Community Properties, file a suit against an Owner other than a suit to collect assessments or foreclose under the Association's continuing assessment lien, charge an Owner for property damage, or levy a fine for a violation of this Declaration or other Governing Documents the Association or its agent must give written notice to the Owner if and as required by Section 209 .006 of the Texas Property Code.

e for a violation of this Declaration or other Governing Documents the Association or its agent must give written notice to the Owner if and as required by Section 209 .006 of the Texas Property Code.

10.02.8 No Waiver: Cumulative Rights. Failure of the Association or any Owner to enforce any of the provisions of this Declaration or any other Governing Documents will in no event be deemed a waiver of the right to do so thereafter (including without limitation as to the same or similar violation whether occurring prior or subsequent thereto). No liability may attach to Declarant, the Association, or any of their Related Parties for any failure to enforce any provisions of this Declaration or any other Governing Documents. Each right and remedy set forth in this Declaration and any other Governing Documents is separate, distinct and non-exclusive, and all are cumulative. The pursuit of any right or remedy so provided -71 for or by law is without prejudice to the pursuit of any other right or remedy, and the failure to exercise any particular right or remedy does not constitute a waiver of such right or remedy or any other right or remedy.

SECTION 10.03 Term. Subject to the provisions hereof regarding amendment, these covenants, conditions, restrictions, reservations, easements, liens and charges run with the land and are binding upon and inure to the benefit of the Association, all Owners, their respective legal representatives, heirs, executors and administrators, predecessors, successors and assigns, and all Persons claiming under them for a period of twenty years from the date this Declaration is filed in the Official Public Records of Real Property of Dallas County, Texas, after which time said covenants, conditions, restrictions, reservations, easements, liens and

he date this Declaration is filed in the Official Public Records of Real Property of Dallas County, Texas, after which time said covenants, conditions, restrictions, reservations, easements, liens and charges will be automatically extended for successive periods of ten years each.

SECTION 10.04 Amendment.

10.04.1 By Owners. Except as otherwise expressly herein provided, and subjectto applicable provisions of Exhibit "B" hereto, the Owners of sixty-seven percent ( 67%) of the total number of Lots then contained within the Subdivision always have the power and authority to amend this Declaration, in whole or in part, at any time and from time to time. The Owner's approval of any amendment of this Declaration may be obtained (i) by execution of the amending instrument or a consent thereto by any Owner of each Lot so approving, (ii) by affirmative vote, in person or by proxy, at a special meeting called for consideration of any such amendment, or (iii) by any combination of the foregoing.

10.04.2 By Association. Subject to applicable provisions of Exhibit "B" hereto, the Board of Directors has the right in its sole judgment, from time to time and at any time, to amend this Declaration without joinder of any Owner or any other Person for the following purposes: (a) to resolve or clarify any ambiguity or conflicts herein, or to correct any inadvertent misstatements, errors or omissions herein; or (b) in any manner deemed necessary or appropriate by the Board to provide for or to facilitate notices, communications and/or meetings of Owners, the Board or any committee by Electronic Means, including conducting and tabulation of any votes; or ( c) to conform this Declaration to the requirements of any lending institution;

eetings of Owners, the Board or any committee by Electronic Means, including conducting and tabulation of any votes; or ( c) to conform this Declaration to the requirements of any lending institution; provided, the Board has no obligation whatsoever to amend this Declaration in accordance with any such lending institution requirements, and the Board may not so amend this Declaration if in the sole opinion of the Board any substantive and substantial rights of Owners would be adversely affected thereby; or ( d) to conform this Declaration to the requirements of any governmental agency, including the Federal Home Loan Mortgage Corporation, Federal National Mortgage Agency, Veterans Administration or Federal Housing Administration, and in this respect the Board must so amend this Declaration to the extent required by law upon receipt of written notice of such requirements and request for compliance; or ( e) to conform this Declaration to any state or federal constitutional requirements, or to the requirements of any local, state or federal statute, ordinance, rule, ruling or regulation, or to any decisions of the courts regarding the same, including, without limitation regarding the foregoing or regarding Declarant's authority to otherwise amend this Declaration or any other Governing Documents, as required to conform this Declaration or any other Governing Documents to, or as deemed necessary or appropriate by the Board as a result of, any amendments to the Texas Property Code.

-7210.04.3 Effective Date. Except for correction amendments which will be effective as stated therein, any amendment of this Declaration will be effective from and after filing of the amending instrument

10.04.3 Effective Date. Except for correction amendments which will be effective as stated therein, any amendment of this Declaration will be effective from and after filing of the amending instrument in the Official Public Records of Real Property of Dallas County, Texas, or such later date as may be stated in the amending instrument.

10.04.4 "Amendment" Defined. In this Declaration and all other Governing Documents the terms "amend", "amendment" or substantial equivalent mean and refer to any change, modification, revision or termination of any provisions of this Declaration or other Governing Documents.

SECTION 10.05 Notices.

10.05.1 General; "Notice" Defined.

(a) "Notice" means and refers to all notices or other communications permitted or required under this Declaration, as amended, or by law, including as provided in Section 10.02. 7 regarding certain statutory notices. ANY NOTICE IS DEEMED PROPERLY GNEN ONLY IF GIVEN IN ACCORDANCE WITH THIS SECTION 10.05 EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS DECLARATION. ALL NOTICES MUST BE GIVEN IN WRITING, MUST BE PROPERL YD A TED, AND MUST IDENTIFY ALL PERSONS GIVING THE NOTICE AND ALL PERSONS TO WHOM THE NOTICE IS BEING GIVEN. ALL NOTICES MUST ALSO BE SIGNED BY THE SENDER(S). NOTICE BY ELECTRONIC MEANS GIVEN IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THIS DECLARATION CONSTITUTES WRITTEN AND SIGNED NOTICE.

(b) Delivery. Except as otherwise expressly provided herein, all notices may be given by personal delivery acknowledged in writing, by certified or registered mail, return receipt requested, by "verified mail" as defined in Texas Property Code, Section 209.002(13) (being as of the date of filing of this Declaration any method of meeting for which evidence of mailing is provided by the United States Postal

" as defined in Texas Property Code, Section 209.002(13) (being as of the date of filing of this Declaration any method of meeting for which evidence of mailing is provided by the United States Postal Services or a common carrier), or by Electronic Means, all in accordance with this Section 10.05. Notices by mail must be by deposit of the notice, enclosed in a postpaid properly addressed wrapper, in a post office or official depository under the case and custody of the United States Postal Service. Personal delivery may be made to any person at the recipient's address, or in the case of any Owner or tenant by posting on the front door at the Owner's Lot address (or alternate street address, if applicable). Any such personal delivery may be acknowledged either by the recipient or by a third-party delivery service or common carrier.

10.05.2 To Whom and Where Given.

(a) Declarant. All notices to Declarant either during or after the Development period must be given to Declarant as provided in Section 5.255 of the Texas Business Organizations Code, as amended, at Declarant's registered office or at Declarant's principal office. NOTWITHSTANDING ANY OTHER PROVISIONS HEREOF, ALL NOTICES TO DECLARANT MAY BE GIVEN ONLY BY PERSONAL DELIVERY OR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED.

(b) Association or ACC. All notices to the Association or the ACC during the Development Period must be given to Declarant as above provided. Thereafter, all notices to the Association or the ACC must be given (i) to the Association's registered agent at its registered office in accordance with the records of the Texas Secretary of State, or (ii) to any Director in the case of the Association or to any

iven (i) to the Association's registered agent at its registered office in accordance with the records of the Texas Secretary of State, or (ii) to any Director in the case of the Association or to any member of the ACC in the case of the ACC in the same manner as permitted for delivery of notice to the Director or member of the ACC as an Owner, or (iii) if the Association has a Managing Agent, then to the -73 Association manager at the offices of the Managing Agent, or (iv) in accordance with the Association's most recently filed management certificate.

(c) Owners; Tenants. All notices to an Owner must be delivered to the Owner at the Owner's Lot address, or to the Owner's alternate street mailing address provided to the Association by the Owner as hereafter set forth. All notices to the tenant of an Owner must be delivered to the Lot address of the Lot at which the tenant resides.

( d) By Electronic Means. In lieu of ( or in addition to) delivery to a street mailing address as above provided, notice may be given by Electronic Means (i) to an Owner or Owner's tenant according to the records of the Association, or (ii) to the Association, the ACC or the Association's Managing Agent, if any, in accordance with procedures as provided by the same upon written request of any Owner or tenant, or as otherwise provided by the Association (such as by publication in an Association newsletter, or as set forth in the Association's most recently filed management certificate).

(e) Owner/Tenant Responsibilities as to Electronic Means. IT IS THE OBLIGATION OF EACH OWNER AND THEIR TENANT(S) TO OBTAIN AND MAINTAIN CONFIRMATIONS OF RECEIPT OF ALL NOTICES AND OTHER COMMUNICATIONS FROM THE ASSOCIATION ORDECLARANTBYELECTRONIC MEANS, AND TO PROVIDE THE SAME TO THE

ACH OWNER AND THEIR TENANT(S) TO OBTAIN AND MAINTAIN CONFIRMATIONS OF RECEIPT OF ALL NOTICES AND OTHER COMMUNICATIONS FROM THE ASSOCIATION ORDECLARANTBYELECTRONIC MEANS, AND TO PROVIDE THE SAME TO THE ASSOCIATION ORDECLARANT UPON REQUEST. ITIS THE OBLIGATION OF EACH OWNERAND EACH TENANT (i) TO PROVIDE AND KEEP THE ASSOCIATION UPDATED AS TO CURRENT "CONTACT INFORMATION" AS PROVIDED IN SECTION 10.05.3, AND (ii) TO MAINTAIN THE CAPABILITY TO RECEIVE ANY NOTICES OR OTHER COMMUNICATIONS FROM THE ASSOCIATIONORDECLARANTBY,ANDTOPARTICIPATEINANYMEETINGSASPROVIDEDIN THIS DECLARATION, THE BYLAWS OR OTHER GOVERNING DOCUMENTS BY, ELECTRONIC MEANS. BY ACCEPTANCE OF ANY RIGHT, TITLE OR INTEREST IN ANY LOT, OR BY OCCUPANCY THEREOF, EACH OWNER AND THEIR TENANT(S) CONSENT TO THE USE OF ELECTRONIC MEANS BY THE ASSOCIATION OR BY DECLARANT AS TO ANY NOTICES, COMMUNICATIONS OR MEETINGS IN ACCORDANCE WITH THIS DECLARATION, INCLUDING THIS SECTION 10.05, AND IN ACCORDANCE WITH THE BYLAWS AND OTHER GOVERNING DOCUMENTS. AS TO EACH OWNER AND EACH TENANT, ONCE THE MEANS OF COMMUNICATION BY ELECTRONIC MEANS IS ESTABLISHED, THOSE MEANS MUST REMAIN IN EFFECT UNLESS AND UNTIL THE EXPIRATION OF FNE BUSINESS DAYS FOLLOWING RECEIPT OF NOTICE BY THE ASSOCIATION STATING ALL APPLICABLE CHANGES REQUIRED FOR SUBSEQUENT COMMUNICATIONS BY ELECTRONIC MEANS.

(f) When Delivered. Notices or other communications are considered to be delivered, as applicable, on the day of personal delivery or deposit in the United States mail in accordance with this Section 10.05, or on the day and at the time the communication by Electronic Means is successfully transmitted, provided that transmission of any facsimile or email after 5:00 o'clock p.m. and before 8:00

ion 10.05, or on the day and at the time the communication by Electronic Means is successfully transmitted, provided that transmission of any facsimile or email after 5:00 o'clock p.m. and before 8:00 o'clock a.m. of the following day, local time of the recipient, is deemed to be delivered at 8:00 o'clock a.m. on the following day.

(g) Deemed Delivery. REFUSAL BY ANY OWNER OR TENANT TO RECEIVE OR ACCEPT DELNERY OR TRANSMISSION OF ANY NOTICE GNEN IN ACCORDANCE WITHTHISSECTION10.05,0RFAILUREBY ANYOWNEROR TENANTTOPROPERLYMAINTAIN THE MEANS FOR DELIVERY OR TRANSMISSION (SUCH AS FOR EXAMPLE BUT WITHOUT LIMITATION, FAILURE TO PROPERLY MAINTAIN A MAILBOX, OR FAILURE TO MAINTAIN RECEPTION CAPABILITIES BY ELECTRONIC MEANS), IS DEEMED ACTUAL NOTICE AND -74 ACTUAL KNOWLEDGE OF THE MATERIALS DELIVERED OR TRANSMITTED IN ACCORDANCE WITH THIS SECTION 10.05.

10.05.3 Owner/Tenant Contact/Occupancy Information Required.

(a) Contact Information Required. As used in this Section ( and this Declaration or other Governing Documents, when applicable), "contact information" means name, Lot address, alternate Owner street mailing address, if applicable, home and work telephone numbers, email address, and as applicable, mobile and facsimile numbers. Not later than thirty days after acquiring an ownership interest in a Lot, the Owner of the Lot must give notice to the Association of the contact information for all Persons who are Owners of the applicable Lot, and the name(s) of any other person(s) occupying the Lot other than the Owner. Not later than thirty days after acquiring a leasehold interest or other right of occupancy in a Lot, the Owner of the Lot must give notice to the Association of the contact information for all Persons who are tenants

irty days after acquiring a leasehold interest or other right of occupancy in a Lot, the Owner of the Lot must give notice to the Association of the contact information for all Persons who are tenants as to or who have otherwise acquired a right to occupy the applicable Lot. Not later than ten days after any change in any contact information, the Owner of the applicable Lot must give notice to the Association of all such changes. ANY OWNER OR TENANT MUST ALSO PROVIDE, CONFIRM, VERIFY AND UPDATE ALL CONTACT INFORMATION UPON WRITTEN REQUEST FROM THE ASSOCIATION WITHIN TEN DAYS FROM THE DATE OF THE REQUEST OR SUCH LATER DATE AS MAY BE STATED IN THE REQUEST.

(b) Required Procedure. ANY NOTICE UNDER SUBSECTION (a) ABOVE, INCLUDING ANY CONTACT INFORMATION NOTICE OR REPLY TO A REQUEST FOR CONTACT INFORMATION, MUST BE GIVEN SEP ARA TEL Y AND FOR THE SOLE PURPOSE OF PROVIDING THE CONTACT OR OTHER INFORMATION. FOR EXAMPLE, SENDING AN EMAIL FROM A DIFFERENT OR NEW EMAIL ADDRESS, OR INCLUDING A NEW EMAIL ADDRESS IN A COMMUNICATION SENT FOR OTHER PURPOSES, DOES NOT CONSTITUTE NOTICE AND DOES NOTINANYMANNEROBLIGATETHEASSOCIATIONTOMAKEANYCHANGEINTHERECORDS OF THE ASSOCIATION BASED THEREON.

( c) Conflicts: Effective Date of Change. IN THE EVENT OF ANY CONFLICT BETWEEN ANY NOTICES RECEIVED BY THE ASSOCIATION, THE NOTICE LAST RECEIVED BY THE ASSOCIATION WILL CONTROL. EACH NOTICE RECEIVED BY THE ASSOCIATION WILL CONTROL UNTIL THE EXPIRATION OF FIVE BUSINESS DAYS FOLLOWING RECEIPT OF A PROPER SUBSEQUENT NOTICE.

10.05.4 One Address/Number and Delivery Limit. NO OWNER MAY MAINTAIN MORE THANONECURRENTMAILINGADDRESSWITHTHEASSOCIATIONFORPURPOSESOFNOTICE.

NO OWNER OR OWNER'S TENANT MAY MAINTAIN MORE THAN ONE CURRENT EMAIL ADDRESS AND ONE CURRENT FACSIMILE NUMBER WITH THE ASSOCIATION FOR PURPOSES

RRENTMAILINGADDRESSWITHTHEASSOCIATIONFORPURPOSESOFNOTICE.

NO OWNER OR OWNER'S TENANT MAY MAINTAIN MORE THAN ONE CURRENT EMAIL ADDRESS AND ONE CURRENT FACSIMILE NUMBER WITH THE ASSOCIATION FOR PURPOSES OF NOTICE. THE ASSOCIATION IS NOT REQUIRED TO GIVE NOTICE BY MORE THAN ONE DELIVERY METHOD, AND ANY REQUEST, DIRECTIVE OR AGREEMENT TO THE CONTRARY IS VOID. WHEN MORE THAN ONE PERSON IS THE OWNER OR TENANTS OF A LOT, THE GIVING OF NOTICE AS AFORESAID TO ANY SINGLE OWNER OR TENANT CONSTITUTES NOTICE GIVEN TO ALL OWNERS OR TENANTS.

10.05 .5 Other Information and Governing Documents. The Association may from time to time by written request require any Owner or tenant to provide, confirm, verify and update any information covered by this Section 10.05 and/or by Section 10.06, or to provide other information or documentation relevant to -75 the functions of the Association by submission of such information and documentation as the Association may reasonably require.

SECTION 10.06 Contact/Other Information To and From Mortgagees. AS USED IN THIS SECTION, "MORTGAGE" MEANS AND REFERS TO ANY MORTGAGE, DEED OF TRUST AND ANY OTHER LIEN OR ENCUMBRANCE AGAINST A LOT, AND "MORTGAGEE" MEANS AND REFERS TO THE CURRENT HOLDER OF EACH MORTGAGE. Upon written request of the Association an Owner must provide to the Association a written statement setting forth the name, mailing address, telephone number, and if known or reasonably ascertainable, the facsimile number and email address of each mortgagee for each mortgage covering the Owner's Lot, and each insurer or guarantor thereof, and as to each such mortgagee, insurer and guarantor, the nature of the loan or other encumbrance (such as purchase money loan, home equity

ring the Owner's Lot, and each insurer or guarantor thereof, and as to each such mortgagee, insurer and guarantor, the nature of the loan or other encumbrance (such as purchase money loan, home equity loan or tax lien), and the account or similar identifying number or other designation applicable to the mortgage.

The Association may at any time and from time to time provide to any mortgagee, or the insurer or guarantor of a mortgage, and upon receipt of written request of any mortgagee or the insurer or guarantor of a mortgage, the Association will provide to such mortgagee, insurer or guarantor, a statement of any unpaid assessments or other amounts payable to the Association and of any violations of the Governing Documents then known to the Association. If an Owner is delinquent in payment of assessments (regular, special or specific) to the Association, upon written request of the Association a mortgagee, or the insurer or guarantor of a mortgage, must provide the Association with infonpation setting forth the status of such Owner's debt secured by the mortgage and other relevant information ·as set forth in the Association's request. EACH OWNER EXPRESSLY CONSENTS TO THE ASSOCIATION PROVIDING SUCH INFORMATION TO A MORTGAGEE, INSURER OR GUARANTOR, AND TO A MORTGAGEE, INSURER OR GUARANTOR PROVIDINGSUCH INFORMATION TO THE ASSOCIATION.

SECTION IO .07 Managing Agent. Declarant during the Development Period or the Board thereafter have the authority, from time to time and at any time, to retain, hire, employ or contract with any one or more Persons to provide management services to the Association:, including discharge of such functions and duties of the Association and/or the Board and/or the ACC as determined by the Board (any such Person herein

provide management services to the Association:, including discharge of such functions and duties of the Association and/or the Board and/or the ACC as determined by the Board (any such Person herein referred to as a "Managing Agent"). Any Managing Agent maybe retained, hire.cl, employed or contracted for on such terms and conditions as the Declarant or the Board, as applicable, may determine; provided, the Association retains the right in all cases as to any Managing Agent, and whether or not so stated in any contract or other agreement, to remove the Managing Agent, with or without cause, upon not more than sixty days written notice.

SECTION I 0.08 Construction.

I 0.08.1 Interpretation. The provisions of this Declaration and of all other Governing Documents are to be liberally construed and must be applied to give full effect to the purposes thereof. If this Declaration or any word, clause, sentence, paragraph, or other part thereof is susceptible to more than one or conflicting interpretations, then the interpretation which is most nearly in accordance with the general purposes and objectives of this Declaration and the scheme of development thereunder will govern. The captions of each Article and Section hereof as to the contents of each Article and Section are inserted only for convenience, and are in no way to be construed as defining, limiting, extending, or otherwise modifying or adding to the particular Article or Section to which they refer. In particular and without limitation, the division of use restrictions under Article VII hereof and architectural restrictions under Article VIII hereof are for convenience of reference, it being the intent that all such provisions be given full effect in an integrated

s under Article VII hereof and architectural restrictions under Article VIII hereof are for convenience of reference, it being the intent that all such provisions be given full effect in an integrated manner in light of the general purposes and objectives of this Declaration and the scheme of development accomplished thereby. Whenever used, the singular number includes the plural and the plural includes the singular, and the use of any gender is applicable to all genders.

-76 10.08.2 Conflicts In Governing Documents. In the event of any conflict in the Governing Documents which cannot be reasonably reconciled after application of rules of interpretation as provided herein or by law, this Declaration controls over any other Governing Documents, and all other Governing Documents control in the following order of priority: (i) Architectural Guidelines; (ii) Rules and Regulations; (iii) certificate of formation; (iv) bylaws; (v) Board and Member resolutions; and (vi) all others.

SECTION 10.09 Severability. Wherever possible, each provision of this Declaration must be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any Person, particular circumstance or property is prohibited or held to be invalid, such prohibition or invalidity will not extend beyond such Person, particular circumstance or property and will not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and, to this end, the provisions of this Declaration are declared to be severable.

SECTION 10.10 Effective Date. This Declaration is effective from and after the date of filing of

sion or application, and, to this end, the provisions of this Declaration are declared to be severable.

SECTION 10.10 Effective Date. This Declaration is effective from and after the date of filing of same in the Official Public Records of Real Property of Dallas County, Texas, subject to amendment in accordance with this Declaration.

IN WITNESS WHEREOF, the undersigned has executed this Declaration to be effective as above stated.

EXECUJ'ED this ~ay of J;n;; , 2016.

WILBOW-HIGH GROVE DEVELOPMENT CORPORATION, a Texas corporation "Declarant" ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF DALLAS § r, cJ:!!isinstnunentwasacknowlcdgedbeforemeonthe /'f'll dayof !Ji!7' / ,2016, DEVELOPMENT CORPORATION, a Texas corporation, on behalf ofthe'corporation.

[SEAL] EMMA J. COLESON My Notary ID# 128842939 Expires January 6, 2020 My Commission Expires: t) /-~-2()14) MORTGAGEE/LIENHOLDER CONSENT The undersigned mortgagee/lienholder, being the owner and holder of an existing mortgage or lien upon and againstthe land and property described as the Subdivision in the foregoing Declaration of Covenants, Conditions, Restrictions and Easements for High Grove at West Kessler Heights, as such mortgagee and Iienholder, does hereby consent to said Declaration as if the same had been recorded prior to the creation of such lien.

This consent will not be construed or operate as a release of said mortgage or liens owned and held by the undersigned, or any part thereof. Notwithstanding any other provisions of this Declaration or any other governing documents of the Association, the said mortgage or lien will be superior to the Association's lien securing payment of any assessments.

any other provisions of this Declaration or any other governing documents of the Association, the said mortgage or lien will be superior to the Association's lien securing payment of any assessments.

(Print Name of Mortgagee/Lienholder) Title: V, Le... f ,es-d:uJ-STATE OF TEXAS § § on behalf of the said entity.

[SEAL] -78 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR HIGH GROVE AT WEST KESSLER HEIGHTS EXHIBIT "A": PROPERTY CONDITIONS AND OTHER SUBDIVISION NOTICES, RELEASES AND INDEMNITIES Al.01 APPLICATION; DEFINITIONS. The provisions of this Exhibit "A" apply notwithstanding any other provisions of the Declaration or any other Governing Documents. In the event of any conflict between the Declaration or any other Governing Documents and this Exhibit "A," the provisions of this Exhibit "A" will control. In addition to the definitions contained in this Exhibit"A," if any, all definitions set forth in the Declaration (including Article II of and Exhibit "B" to the Declaration) are incorporated by reference herein. The provisions of this Exhibit "A" apply for the full term of the Declaration, including during and after the Development Period.

A2.01 NOTICES: THE NOTICES SET FORTH IN THIS EXHIBIT "A" ARE HEREBY GIVEN TO ALL PROSPECTIVE PURCHASERS, TO ALL OWNERS, TENANTS AND THEIR RELATED

on, including during and after the Development Period.

A2.01 NOTICES: THE NOTICES SET FORTH IN THIS EXHIBIT "A" ARE HEREBY GIVEN TO ALL PROSPECTIVE PURCHASERS, TO ALL OWNERS, TENANTS AND THEIR RELATED PARTIES AND TO ALL OTHERPERSONS ENTERING, OCCUPYING OR USING ANY PART OF THE SUBDIVISION, INCLUDING ANY LOT, COMMUNITY PROPERTIES AND/OR SUBDIVISION FACILITIES.

A3.01 PROPERTY CONDITIONS AND OTHER MATTERS OF RECORD.

A3.0l.1 DEVELOPMENT PERIOD. AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" TO THE DECLARATION, THE CONDUCTING OF DEVELOPMENT ACTIVITIES WILL NECESSARILY RESULT IN THE CREATION AND ACCUMULATION OF DUST, CONSTRUCTION MATERIALS AND EQUIPMENT, TRASH AND OTHER DEBRIS, AND ADDITIONAL TRAFFIC, NOISE, VISUAL IMPACT, AND OTHERINCONVENIENCES, DISTURBANCES, ANNOYANCE AND VARIANCES FROM AVERAGE OR NORMAL CONDITIONS WITHIN THE SUBDIVISION. THESE MATTERS AND CONDITIONS WILL NECESSARILY EXIST AND CONTINUE FOR LONGER PERIODS OF TIME AS TO OWNERS, TENANTS AND OTHER OCCUPANTS WHO OCCUPY RESIDENCES EARLY IN THE DEVELOPMENT PERIOD.

A3.01.2 Disruptions Due to Maintenance, Operation or Use. Maintenance, operation and use of Community Properties and Subdivision Facilities in general, and as to reserves, recreational facilities or amenities, guest parking areas, and other areas which are open generally to owners, tenants and/or their Related Parties will necessarily result in additional traffic, noise, visual impact, and other inconveniences, disturbances, annoyance and variances from average or normal conditions within the Subdivision.

A3.01.3 Areas Outside Subdivision, Including Airports. Declarant, the Association and their Related Parties have little or no control over the development, use, occupancy, appearance or any other

ion.

A3.01.3 Areas Outside Subdivision, Including Airports. Declarant, the Association and their Related Parties have little or no control over the development, use, occupancy, appearance or any other conditions regarding any properties adjacent to or within the vicinity of the Subdivision, and have no duties orresponsibilities whatsoever regarding the same. If the Subdivision is located in the proximity ofan airport then Lots and the residences thereon as well as other Subdivision Facilities within the Subdivision may be located within present and/or future flight paths. Air traffic and other airport activities may result in noises, odors, vibrations, fumes, dust, fuel, lubricant particles, visual impacts, and other effects that may be caused by an aircraft and other inconveniences, disturbances and annoyances to residents in the Subdivision.

Property within the Subdivision, including Lots, may also be or become subject to ordinances and/or other Page 1 of3 (Exhibit "A") regulations which restrict the uses of the property that interfere with airport operations. Declarant, the Association and their Related Parties have no control over the development, use, occupancy, appearance, operation or any other conditions regarding any airport properties, and have no duties or responsibilities whatsoever regarding the same. IT IS THE SOLE RESPONSIBILITY OF EACH PROSPECTNE PURCHASER, OWNER, TENANT AND OTHER OCCUPANT TO INDEPENDENTLY INVESTIGATE AND VERIFY THE PRESENCE OR ABSENCE OF ANY SUCH CONDITIONS OR MATTERS AND TO DETERMINE SUITABILITY OF RESIDENCY OR OCCUPANCY WITHIN THE SUBDIVISION.

A3.01.4 Environmental Conditions. Environmental conditions may exist within and/or emanate from Community Properties and/or Subdivision Facilities and/or other areas within or in the vicinity

IVISION.

A3.01.4 Environmental Conditions. Environmental conditions may exist within and/or emanate from Community Properties and/or Subdivision Facilities and/or other areas within or in the vicinity of the Subdivision which may or could affect health, safety or other qualities of life. Declarant, the Association and their Related Parties have no duties or responsibilities whatsoever regarding any of the foregoing. An Owner may mitigate ( or consent to mitigation) as to the Owner's Lot and at the Owner's sole cost and expense environmental conditions which are or may become a concern to the Owner, any tenant or any other occupants provided that such mitigation does not damage or interfere with another Lot or the Community Properties or Subdivision Facilities and does not adversely affect Prevailing Community Standards, and subject in all cases to applicable provisions of ARTICLE IV of the Declaration regarding ACC review and approval.

A3.01.5 Other Restrictions. In addition to and without limitation of any provisions of this Declaration or other Governing Documents, each Lot and the Subdivision are subjectto and each Owner, tenant and occupant covenants and agrees to comply with all applicable provisions of all Plats, common area agreements, property access easements or agreements, no build restrictions, and any and all other valid and enforceable covenants, conditions, restrictions, easements and all other matters of record, as amended, as heretofore or hereafter established as to the Subdivision and/or as to any Lot or any other properties contained therein.

A4.01 RELEASE AND INDEMNITY: BY ACQUISITION OF ANY RIGHT, TITLE OR INTEREST IN AND/OR BY OCCUPANCY OF ANY LOT WITHIN THE SUBDIVISION, INCLUDING

as to any Lot or any other properties contained therein.

A4.01 RELEASE AND INDEMNITY: BY ACQUISITION OF ANY RIGHT, TITLE OR INTEREST IN AND/OR BY OCCUPANCY OF ANY LOT WITHIN THE SUBDIVISION, INCLUDING ANY LOT WHICH IS ADJACENT TO OR IN THE VICINITY OF ANY COMMUNITY PROPERTIES AND/OR SUBDNISION FACILITIES OR UPON WHICH ANY SUBDNISION FACILITIES ARE LOCATED, AND/OR BY ENTRY IN TO OR USAGE OF ANY COMMUNITY PROPERTIES AND/OR SUBDIVISIONFACILITIES,EACH OWNER, TENANT ANDTHEIRRELATEDPARTIES,ANDEACH OCCUPANT AND ALL OTHER PERSONS, ACKNOWLEDGE, CONSENT TO AND ACCEPT ALL PROPERTY CONDITIONS,RESTRICTIONS AND OTHER MATTERS OF RECORD AND ALL OTHER MATTERS AND CONDITIONS AS DESCRIBED OR REFERENCED IN THIS EXHIBIT "A,11 AND FULLY WANES AND RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS DECLARANT, ALL DEVELOPMENT PERSONNEL, THE ASSOCIATION AND THEIR RELATED PARTIES FROM ANY AND ALL CLAIMS AND LIABILITIES OF ANY KIND WHATSOEVER AS TO ALL SUCH MATTERS AND CONDITIONED, INCLUDING WITHOUT LIMITATION ALL "CLAIMS," "COMPLIANCE COSTS" AND "LOSSES" (AS DEFINED IN SECTION 10.02.4 OF THE DECLARATION) AND INCLUDING WITHOUT LIMITATION WITH REGARD TO ANY ENVIRONMENTAL, HEALTH OR SAFETY ISSUES. ABSENT INTENTIONAL AND WILLFUL MISCONDUCT, DECLARANT, ITS RELATED PARTIES AND ALL OTHER DEVELOPMENT PERSONNEL (INCLUDING AS TO ANY AUTHORIZED BUILDER) ARE NOT LIABLE TO ANY OWNER, TENANT OR ANY OTHER OCCUPANT, OR TO THE ASSOCIATION ORA CC, OR TO ANY RELATED PARTIES OF ANY OF THE FOREGOING, OR TO ANY OTHER PERSON FOR ANY CONSEQUENCES OF THE CONDUCTING OF ANY DEVELOPMENT ACTIVITIES.

Page 2 of 3 (Exhibit "A") AS.01 PROVISIONS NOT EXCLUSIVE. THE PROPERTY CONDITIONS AND OTHER MATTERS AND NOTICES AS SET FORTH IN TIDS EXHIBIT "A" ARE NOT EXCLUSIVE

UCTING OF ANY DEVELOPMENT ACTIVITIES.

Page 2 of 3 (Exhibit "A") AS.01 PROVISIONS NOT EXCLUSIVE. THE PROPERTY CONDITIONS AND OTHER MATTERS AND NOTICES AS SET FORTH IN TIDS EXHIBIT "A" ARE NOT EXCLUSIVE OR EXHAUSTIVE, AND ARE CUMULATIVE AS TO ALL OTHER APPLICABLE PROVISIONS OF THE DECLARATION, INCLUDING EXIIlBIT "B" THERETO, AND OF ALL OTHER GOVERNING DOCUMENTS. THERE MAYBE OTHER CONDITIONS WITHIN OR WITHIN THE VICINITY OF THE SUBDIVISION AND OTHER MATTERS WIDCH MAY AFFECT THE SUBDIVISION WHICH ARE NOT SUITABLE FOR PARTICULAR PERSONS. IT IS THE SOLE RESPONSIBILITY OF EACH PROSPECTIVE PURCHASER, OWNER, TENANT AND OTHER OCCUPANT TO INDEPENDENTLY INVESTIGATE AND VERIFY THE PRESENCE OR ABSENCE OF ANY SUCH CONDITIONS OR MATTERS.

Page 3 of3 (Exhibit "A") DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR HIGH GROVE AT WEST KESSLER HEIGHTS EXHIBIT "B": DEVELOPMENT PERIOD Bl.01 Application. Notwithstanding any other provisions of the Declaration or any other Governing Documents to the contrary, the provisions of this Exhibit "B" apply during the Development Period ( and thereafter as herein provided). In the event of any conflict between the Declaration or any other Governing Documents and this Exhibit 11B,11 the provisions of this Exhibit 11B" will control.

B2.01 Declarant Rights; Declarant Control Period; Architectural Control; Builder Approval.

B2.01.1 Declarant Rights. Notwithstanding any other provisions of the Declaration or any other Governing Documents, during the Development Period ( and thereafter as applicable) Declarant is fully authorized to exercise all Declarant rights and authority as provided in or permitted by the Declaration, including this Exhibit 11B 11 , and all other applicable Governing Documents, independently and unilaterally,

xercise all Declarant rights and authority as provided in or permitted by the Declaration, including this Exhibit 11B 11 , and all other applicable Governing Documents, independently and unilaterally, and without the joinder, vote or consent of the Board, the ACC, any other Owner or any other Person.

B2.01.2 Declarant Control Period.

(a) Appointment of Directors, Officers and ACC Members. Until the Declarant Control Transfer Date as provided in Section BS.01 of this Exhibit 11B11 to the Declaration, Declarant has· exclusive authority to appoint, reappoint, elect, remove or replace any and all members of, and to otherwise fill any and all vacancy as to, the Board, the ACC (including any designated representative of the ACC) and any officers of the Association. Any provisions of the Declaration or any other Governing Documents which are inconsistent with or contrary to the foregoing, including any provisions regarding qualifications for members of the Board, the ACC or of any officers, are hereby specifically declared inapplicable regarding any such Directors, ACC members or officers who are appointed, reappointed, elected, removed or replaced by Declarant.

(b) Board Meetings and Action. Except as otherwise required by Section 209 .0051 (i) of the Texas Property Code, and until the Declarant Control Transfer Date as provided in Section BS.01 of this Exhibit 11B II to the Declaration, the Board may meet and act in any manner permitted by the Declarant, including this Exhibit 11B11 to the Declaration, or the Texas Business Organizations Code. The foregoing applies, without limitation to holding of any meetings of the Board; the taking of any vote or action by the Board or the taking of any action by written consent without a meeting, and in any such case without notice

limitation to holding of any meetings of the Board; the taking of any vote or action by the Board or the taking of any action by written consent without a meeting, and in any such case without notice to, and without the joinder, vote or consent of any Owner or any other Person except as otherwise expressly required by law.

B2.01.3 Declarant As Member. Declarant is deemed to be a Member of the Association for all purposes during the Development Period whether or not Declarant continues to own any Lot.

B2.01.4 Declarant's ACC Exemption and Authority. DECLARANT IS NOT REQUIRED TO OBTAIN ACC APPROVAL OR OTHERWISE COMPLY WITH ANY PROVISIONS OF ARTICLE IV OF THE DECLARATION UNTIL COMPLETION OF THE INITIAL SALE OF ALL LOTS, Page 1 of 12 (Exhibit "B") WHETHER OR NOT THE INITIAL SALE OCCURS DURING OR AFTER THE DEVELOPMENT PERIOD. NOTWITHSTANDING ANY OTHER PROVISIONS OF THE DECLARATION OR ANY OTHER GOVERNING DOCUMENTS, DECLARANT ALSO HEREBY RESERVES AND RETAINS FULL AND EXCLUSIVE AUTHORITY OF THE ACC AS TO EACH LOT, AND THE RIGHT TO ENGAGE IN (AND TO AUTHORIZE ANY AUTHORIZED BUILDER TO ENGAGE IN)ANY AND ALL DEVELOPMENT ACTIVITIES (AS DEFINED IN SECTION BS.01 HEREOF) REGARDING EACH LOT, UNTIL COMPLETION OF THE INITIAL SALE OF EACH LOT, WHETHER OR NOT COMPLETION OF THE INITIAL SALE OCCURS DURING OR AFTER THE DEVELOPMENT PERIOD, ANDREGARDINGTHECOMMUNITYPROPERTIESANDANYOTHERPROPERTIESWITHINTHE SUBDMSION UNTIL EXPIRATION OR TERMINATION OF THE DEVELOPMENT PERIOD.

DECLARANT'S AUTHORITY INCLUDES WITHOUT LIMITATION THE RIGHT TO ASSESS (ON A CASE BY CASE BASIS AND WITHOUT FORMAL ADOPTION OF ARCIDTECTURAL GUIDELINES) AND TO RECEIVE PAYMENT OF ARCHITECTURAL REVIEW FEES AS AUTHORIZED BY SECTION 4.02 OF THE DECLARATION.

B2.01.5 Approval of Builder ("Authorized Builder") By Declarant Required.

RCIDTECTURAL GUIDELINES) AND TO RECEIVE PAYMENT OF ARCHITECTURAL REVIEW FEES AS AUTHORIZED BY SECTION 4.02 OF THE DECLARATION.

B2.01.5 Approval of Builder ("Authorized Builder") By Declarant Required.

(a) General. During the Development Period no builders are permitted to construct any residence or appurtenant improvements upon any Lot or otherwise conduct any Development Activities (as defined in Section BS.01 hereof) within the Subdivision other than those builders (if any, and whether one or more) which have been approved in advance in writing by Declarant (said approved builder or builders sometimes herein referred to as an "Authorized Builder"). Notwithstanding designation of a builder as an Authorized Builder, Declarant expressly reserves the right from time to time and at any time to regulate the activities of any Authorized Builder, and to limit, modify or remove any rights of an Authorized Builder which may otherwise be granted pursuant to the Declaration. Declarant's approval of any builder does not pass to any successor builder, and may not be otherwise transferred or assigned. Declarant's right to approve ( or disapprove) any builder during the Development Period may be assigned only to another "Declarant" as so designated in accordance with applicable provisions of the Declaration.

(b) Designation of Weekley Homes. WEEKLEY HOMES, LLC, a Delaware limited liability company authorized to do business in Texas, is hereby designated as an Authorized Builder.

The foregoing designation may not be amended without the joinder in any such amendment by Weekley Homes,LLC.

B2.0l.6 "Completion of the Initial Sale" of Lot Defined. As used in the Declaration, including this Exhibit "B", and as to each Lot, "completion of the initial sale" means and occurs upon

y Homes,LLC.

B2.0l.6 "Completion of the Initial Sale" of Lot Defined. As used in the Declaration, including this Exhibit "B", and as to each Lot, "completion of the initial sale" means and occurs upon substantial completion of the construction of a single family residence and related improvements upon the Lot and the sale of the Lot to a Person other than Declarant or an Authorized Builder for use and occupancy of the Lot for a single family residence.

B3.01 Declarant Authority and Exemption as to Assessments.

B3.01.1 DURING TlfE DEVELOPMENT PERIOD DECLARANT IS ENTITLED TO ESTABLISHED ALL ASSOCIATION BUDGETS AND TO SET AND CHANGE THE RATE OF ANY REGULAR ASSESSMENTS AND/OR TO IMPOSE SPECIAL ASSESSMENTS AND/OR TO SET OR IMPOSE SPECIFIC ASSESSMENTS WITHOUT THE JOINDER, VOTE OR CONSENT OF THE BOARD, ANY OWNER OR ANY OTHER PERSON, AND WITHOUT FURTHER FORMALITY THAN GIVING OF NOTICE THEREOF TO THE EXTENT NOTICE BY THE ASSOCIATION WOULD OTHERWISE BE REQUIRED BY THE DECLARATION. DURING THE DEVELOPMENT PERIOD DECLARANT WILL ONLY BUDGET FOR SUCH OPERATING EXPENSES OF THE ASSOCIATION Page 2 of 12 (Exhibit "B") AS DECLARANT DEEMS TO BE ESSENTIAL TO THE OPERATION OF THE ASSOCIATION, AND DECLARANT'S DETERMINATIONS AS TO SAME (AND AS TO ANY OTHER MATTERS PERTAININGTOTHEPROVISI0NSOFTHISSECTIONB3.01)AREFINAL. INADDITIONTOAND NOTINLIMITATION OF THE FOREGOING, AND NOTWITHSTANDING ANY OTHERPROVISIONS OF THE DECLARATION OR ANY OTHER GOVERNING DOCUMENTS, DURING THE DEVELOPMENT PERIOD DECLARANTIS NOT REQUIRED TO BUDGET FOR OR TO OTHERWISE COLLECT ANY FUNDS FOR PAYMENT OF ANY CAPITAL EXPENDITURES (DETERMINED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES), ORFORPAYMENT TO OR FUNDING OF ANY CAPITAL, CONTINGENCY OR OTHER RESERVES.

CT ANY FUNDS FOR PAYMENT OF ANY CAPITAL EXPENDITURES (DETERMINED IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES), ORFORPAYMENT TO OR FUNDING OF ANY CAPITAL, CONTINGENCY OR OTHER RESERVES.

B3.01.2 NOTWITHSTANDINGANYOTHERPROVISIONSOFTHEDECLARATION OR ANY OTHER GOVERNING DOCUMENTS,DECLARANTIS EXEMPTFROMPAYMENT OF ANY ASSESSMENTS, ANNUAL, SPECIAL OR SPECIFIC, UNTIL THE FIRST DAY OF JANUARY FOLLOWING TERMINATION OF THE DEVELOPMENT PERIOD. DURING THE DEVELOPMENT PERIOD DECLARANT MAY ALSO EXEMPT ANY AUTHORIZED BUILDER (AS DEFINED IN SECTION B2.01) FROM PAYMENT OF REGULAR, SPECIAL OR SPECIFIC ASSESSMENTS AS AFORESAID, IN WHOLE OR IN PART. OTHERWISE EACH AUTHORIZED BUILDER MUST PAY ALL ASSESSMENTS IN THE SAME MANNER AND AMOUNTS AS ANY OTHER OWNER OTHER THAN DECLARANT. IN THE EVENT OF RE-ACQUISITION OF OWNERSHIP OF ANY LOT BY DECLARANT, THE AFORESAID EXEMPTION AS TO PAYMENT OF ASSESSMENTS WILL AGAIN APPL YIN ACCORDANCE WITH THIS SECTION. The forgoing also applies to any Lot used by Declarant for a model residence or other development, marketing or sales purposes regardless of whether record title remains in Declarant (such as, for example but without limitation, in the case of the sale of a resident to an Owner and lease back to Declarant for use as a model). In such cases, completion of the initial sale as provided in Section B2.01 will not be deemed to have occurred until the first day of the month following termination of any such use of the Lot by Declarant.

B3.01.3 In lieu of payment of assessments, Declarant will pay to the Association during the Development Period an amount, if any, equal to the Actual Operating Expenses of the Association less all funds available to the Association regardless of source and regardless of any principles of accrual or other

eriod an amount, if any, equal to the Actual Operating Expenses of the Association less all funds available to the Association regardless of source and regardless of any principles of accrual or other accounting which might otherwise be applicable; PROVIDED, DECLARANT WILL NEVER BE REQUIRED TO CONTRIBUTE MORE THAN AN AMOUNT EQUAL TO ONE-FOURTH OF THE AMOUNT OF REGULAR ANNUAL ASSESSMENTS WHICH WOULD OTHERWISE BE PAYABLE BY DECLARANT AS A NON-DECLARANT OWNER OF ONE OR MORE LOTS. "Funds available to the Association" includes, without limitation, all assessments received from all other Owners subject to payment of assessments plus all other income received by the Association from any source (such as, for example, interest income). "Actual Operating Expenses" means only those expenses reasonably necessary during the. Development Period for the discharge of the Association's functions and duties under the Declaration, and does not include payment of or funding for any capital expenditures ( determined in accordance with generally accepted accounting principles), or any capital, contingency or other reserves, or any prepaid items, inventory or similar expenses attributable to periods after expiration or termination of the Development Period. Declarant will contribute to the Maintenance Fund as aforesaid from time to time as Declarant may determine.

B3.0l.4 Notwithstanding anything to the contrary herein, Declarant may pay any deficit funding as above provided in services or materials or a combination of services and materials rather than in money (herein collectively called "in kind payment"). The amount of any in kind payment will be the fair market value of the in kind payment.

Page 3 of 12 (Exhibit "B") B3.01.5 DECLARANTMAYDEMANDANDRECEIVE REIMBURSEMENTBYTHE

ly called "in kind payment"). The amount of any in kind payment will be the fair market value of the in kind payment.

Page 3 of 12 (Exhibit "B") B3.01.5 DECLARANTMAYDEMANDANDRECEIVE REIMBURSEMENTBYTHE ASSOCIATION FORM, OR MAY OTHERWISE RECEIVE REIMBURSEMENT OUT OF, ANY SURPLUS FUNDS OF THE ASSOCIATION FOR ANY AND ALL DECLARANT CONTRIBUTIONS MADEBYDECLARANTDURINGTHEDEVELOPMENTPERIOD. "filJRPLUSFUNDS"MEANSALL FUNDS AVAILABLE TO THE ASSOCIATION AFTER PAYMENT OF ACTUAL OPERATING EXPENSES. "DECLARANT CONTRIBUTIONS" MEANS ALL DEFICIT FUNDING OR OTHER SUBSIDY PAYMENTS BY DECLARANT, ANY OTHER MONIES PAID BY DECLARANT ON BEHALF OF OR FOR THE BENEFIT OF THE ASSOCIATION AND/OR THE SUBDIVISION, INCLUDING WITHOUT LIMITATION ALL AD VALOREM TAXES AND OTHER ASSESSMENTS IN THE NATURE OF PROPERTY TAXES PAID FOR OR FAIRLY ALLOCABLE TO ANY COMMUNITY PROPERTIES, AND ALL IN KIND PAYMENTS, IF ANY. DECLARANT MAY DEMAND AND RECEIVE REIMBURSEMENT AS AFORESAID FROM TIME TO TIME AND AT ANY TIME EITHER DURING OR WITHIN ONE YEAR AFTER THE EXPIRATION OR TERMINATION OF THE DEVELOPMENT PERIOD UNTILDECLARANTHASRECEIVED REIMBURSEMENT FOR ALL DECLARANTCONTRIBUTIONS.ANYREIMBURSEMENTWILL BEDUEANDPAYABLEWITHIN THIRTY DAYS AFTER DEMAND OR SUCH LONGER PERIOD AS MAY BE STATED IN THE DEMAND. REIMBURSEMENTMAY ALSOBEMADEBYTHEASSOCIATIONININSTALLMENTS PURSUANT TO ONE OR MORE PROMISSORY NOTES OR OTHER REIMBURSEMENT AGREEMENTS. IN SUCH CASE THE INSTALLMENT PAYMENTS MAY EXTEND FOR SUCH PERIOD OF TIME AS IS REQUIRED FOR REIMBURSEMENT, NOT TO EXCEED FOUR YEARS AFTER THE EXPIRATION OR TERMINATION OF THE DEVELOPMENT PERIOD, AND THE PAYMENTS TO BE SO MADE MUST BE INCLUDED IN THE ASSOCIATION'S BUDGET OR BUDGETS UNTIL REPAYMENT IS COMPLETED. REIMBURSEMENT WILL BE WITHOUT

EXPIRATION OR TERMINATION OF THE DEVELOPMENT PERIOD, AND THE PAYMENTS TO BE SO MADE MUST BE INCLUDED IN THE ASSOCIATION'S BUDGET OR BUDGETS UNTIL REPAYMENT IS COMPLETED. REIMBURSEMENT WILL BE WITHOUT INTEREST IF PAID WITHIN THIRTY DAYS OR SUCH LONGER PERIOD AS STATED IN THE DEMAND, OR AS PROVIDED IN ANY APPLICABLE PROMISSORY NOTE OR AGREEMENT, OR AS OTHERWISE AGREED BY DECLARANT. THEREAFTER, INTEREST WILL ACCRUE AT THE RATE OF EIGHTEEN PERCENT{18%)PERANNUMOR THEHIGHESTRATEALLOWEDBYLAW, WHICHEVER IS LESS.

B3.0l.6 DECLARANT'SGOODFAITHDETERMINATIONOFACTUALOPERATING EXPENSES, SURPLUS FUNDS, DECLARANT CONTRIBUTIONS AND ANY OTHER MATTERS PERTAINING TO THE PROVISIONS OF THIS SECTION ARE FINAL.

B4.01 Meetings of Owners: Election of"Owner Directors".

B4.01.1 Annual and.Other Meetings. The provisions of this Section B4.01.1 apply to any meeting of Owners until the Declarant Control Transfer Date as defined in Section BS.01.1. Within one year following completion of the initial sale of the first Lot in the Subdivision and annually thereafter, the Board of Directors must call an annual meeting of the Members of the Association. Declarant or the Board may call such other meetings of Owners as determined by either. Until the Declarant Control Transfer Date, each meeting other than the "First Annual Election Meeting of Owners" (as hereafter defined and provided) will be primarily informational in nature. Declarant will set the place, time and date of each meeting of Owners (the "Meeting Date"), and notice thereof must be given to all Owners. Except as hereafter provided regarding the First Annual Election Meeting of Owners, Declarant or the Board will appoint the chairperson for each

Date"), and notice thereof must be given to all Owners. Except as hereafter provided regarding the First Annual Election Meeting of Owners, Declarant or the Board will appoint the chairperson for each meeting. The chairperson for each meeting will appoint a secretary for the meeting, and will otherwise determine procedures for and conduct the meeting. The chairperson or secretary may be personnel of Declarant or of the Association's Managing Agent. All costs to call, notice and conduct any meeting of Owners, including the First Annual Election Meeting of Owners, will be paid from the Maintenance Fund.

Page 4 of 12 (Exhibit "B") B4.01.2 Election of Owner Directors.

(a) Owners will elect a Director or Directors ("Owner Director(s)") as hereafter provided. Until the Declarant Control Transfer Date, the Association will be managed by a Board of three Directors. Thereafter, the number of Directors may be changes as provided in the Association's Bylaws.

Except as herein provided, Declarant has sole authority to appoint all Directors, and has sole authority to from time to time and at any time remove and replace any Director until the Declarant Control Transfer Date as defined in Section B5.01.1.

(b) The Declaration does not include the number of Lots that may be created and made subject to the Declaration. Accordingly, if the Owners do not elect all members of the Board of Directors as hereafter provided by the tenth anniversary after the date the Declaration was recorded, then at least one-third of the Board of Directors must be elected by Owners other than Declarant by the said tenth anniversary Any such Owner Director will serve until the next annual meeting of Owners at which a

t one-third of the Board of Directors must be elected by Owners other than Declarant by the said tenth anniversary Any such Owner Director will serve until the next annual meeting of Owners at which a successor will be elected by Owners other than Declarant, or until the First Annual Election Meeting of Owners, whichever first occurs.

( c) Declarant will call the first meeting of Owners for election of all members of the Board of Directors ( the "First Annual Election Meeting") within 120 days after termination or expiration of the Development Period, or such earlier date as determined by Declarant. The sole purpose of the First Annual Election Meeting is to conduct the election of all members of the Board of Directors by Owners unless otherwise permitted by Declarant in writing.

(d) Declarant will set the place, the time and the date (the "First Annual Election Meeting Date") of the First Annual Election Meeting, and notice thereof must be given to all Owners.

Declarant may appoint any persons to act as a chairperson and secretary for the First Annual Election Meeting, or, if Declarant does not do so, then the Owners must elect the chairperson and/or secretary, as applicable; for the meeting as the first order of business of the meeting. The First Annual Election Meeting of Owners will be otherwise conducted as provided in the Declaration and in the Bylaws of the Association, and Declarant need not attend the meeting.

( e) If one or more but less than all Owner Directors are elected at the First Annual Election Meeting of Owners, then the Owner Director(s) who have been elected, through less than a quorum, may appoint as many Owner Directors as needed to fill all remaining directorship positions. If no Owner

Meeting of Owners, then the Owner Director(s) who have been elected, through less than a quorum, may appoint as many Owner Directors as needed to fill all remaining directorship positions. If no Owner Director is elected at the First Annual Election Meeting of Owners, then at any time until the expiration of 120 days after the Meeting Date of the First Annual Election Meeting. Declarant may appoint.one Owner Director who may in turn appoint all remaining Owner Directors. If no Owner Director is elected or appointed as aforesaid, then after expiration of the aforesaid 120-day period any Owner may call, notice and conduct an alternate First Annual Election Meeting of Owners for the sole purpose of electing Owner Directors.

B4.0l.3 FAILURE TO ELECT/APPOINT OWNER DIRECTORS. IF THE OWNERS FAIL TO ELECT AND NOTIFY DECLARANT AS HEREIN PROVIDED AND DECLARANTDOES.

NOT APPOINT AT LEAST ONE OWNER DIRECTOR NOT LATER THAN TWO YEARS PLUS ONE DAYAFTERTHEFIRSTANNUALELECTIONMEETINGDATE,THEN(i)ALLFUNDSREMAINING IN THE MAINTENANCE FUND, IF ANY, WILL BE DEEMED ABANDONED AND EXCLUSIVE OWNERSHIP THEREOF WILL BEAUTOMA TICALLY TRANSFERRED TO DECLARANT, AND (ii) ANY BOOKS AND RECORDS OF THE ASSOCIATION ORA CC IN THE POSSESSION OR CONTROL OFDECLARANT ORDECLARANT'S RELATED PARTIES MAYBE STORED AT THE EXPENSE OF THE ASSOCIATION AND MAY THEREAFTER BE DESTROYED IN ACCORDANCE WITH THE Page 5 of 12 (Exhibit "B ") ASSOCIATION'S DOCUMENTS RETENTION POLICY IN EFFECT AS OF THE FIRST ANNUAL ELECTION MEETING DATE.

BS.01 Transfer ofDeclarant Control: Effect.

BS.01.1 DATE OF TRANSFER OF DECLARANT CONTROL. THE DATE OF TRANSFER OF DECLARANT CONTROL REGARDING APPOINTMENT, REMOVAL OR REPLACEMENT OF DIRECTORS, ACC MEMBERS AND ASSOCIATION OFFICERS (THE

: Effect.

BS.01.1 DATE OF TRANSFER OF DECLARANT CONTROL. THE DATE OF TRANSFER OF DECLARANT CONTROL REGARDING APPOINTMENT, REMOVAL OR REPLACEMENT OF DIRECTORS, ACC MEMBERS AND ASSOCIATION OFFICERS (THE "DECLARANTCONTROLTRANSFERDATE"}ISTHEDATEOFOCCURRENCEOFTHEEARLIER OF (i) ELECTION BY OWNERS OR APPOINTMENT BY DECLARANT OF AT LEAST ONE OWNER DIRECTOR AT THE FIRST ANNUAL ELECTION MEETING OR THEREAFTER AS HEREIN PROVIDED, OR (ii) 120 DAYS AFTER THE FIRST ANNUAL ELECTION MEETING DATE.

BS.01.2 EFFECT OF TRANSFER OF DECLARANT CONTROL. ON THE DECLARANT CONTROL TRANSFER DATE (i) ALL OFFICERS, DIRECTORS AND/OR ACC MEMBERS THERETOFORE APPOINTED OR ELECTED BY DECLARANT (OTHER THAN ANY OWNER DIRECTOR) ARE AUTOMATICALLY REMOVED FROM OFFICE AND FULL YRELIEVED THEREAFTER FROM ANY FURTHER RIGHTS, DUTIES, LIABILITIES AND RESPONSIBILITIES REGARDING THE ASSOCIATION, THE ACCOR THE SUBDIVISION, AND (ii) THE ASSOCIATION AND ITS MEMBERS BECOME WHOLLY AND SOLELY RESPONSIBLE FOR THE MANAGEMENT, MAINTENANCE AND OPERATION OF THE ASSOCIATION AND ACC,AND OF THE SUBDIVISION, INCLUDING WITHOUT LIMITATION FULL AND SOLE ASSUMPTION BY THE ASSOCIATION OF ALL MAINTENANCE RESPONSIBILITIES OF THE ASSOCIATION. TRANSFER OF DECLARANT CONTROL AS PROVIDED IN THIS SECTION OR OTHERWISE DOES NOT TERMINATE THE DEVELOPMENT PERIOD. THE DEVELOPMENT PERIOD WILL TERMINATE, IN WHOLE OR IN PART, ONLY AS EXPRESSLY PROVIDED IN THE DECLARATION.

BS.01.3 Required Notices to Declarant. Until expiration of two years following the Declarant Control Transfer Date, Declarant must be (i) provided with true and correct copies of any and all notices given to Owners or Members and all other documents provided with each notice at the same time

Control Transfer Date, Declarant must be (i) provided with true and correct copies of any and all notices given to Owners or Members and all other documents provided with each notice at the same time each notice and/or other document is given to Owners or Members, and (ii) given written notice of the name, mailing address, and, as applicable, the home, work and facsimile telephone numbers, and the email address of each Owner Director who is elected or appointed by Owners or by Owner Directors within ten days after any applicable election or appointment.

B6.0l Community Properties: Landscaping.

B6.0l.1 REGARDLESS OF DESIGNATION BY ANY PLAT, OR IN THE DECLARATION OR ANY OTHER GOVERNING DOCUMENTS OR OTHERWISE, DURING THE DEVELOPMENT PERIOD DECLARANT MAY AT ANY TIME AND FROM TIME TO TIME (i) DESIGNATE, CONSTRUCT, OR EXPAND COMMUNITY PROPERTIES AND/OR SUBDIVISION FACILITIES, AND (ii) MODIFY, ELIMINATE, DISCONTINUE, RECONFIGURE, REDESIGN, REDESIGNATEORIN ANY OTHER MANNER CHANGE THE COMMUNITY PROPERTIES AND/OR SUBDIVISION FACILITIES. WITHOUT LIMITATION OF THE FOREGOING, DECLARANT SPECIFICALLY RESERVES THE RIGHT AT ANYTIMEDURINGTHEDEVELOPMENTPERIODTO SELL OR OTHERWISE DISPOSE OF ANY "RESERVES" AND ANY OTHER SIMILAR AREAS, REGARDLESS OF DESIGNATION OF ANY SUCH AREA BY ANY PLAT OR OTHERWISE AS "RESTRICTED", "UNRESTRICTED", "COMPENSATING OPEN SPACE" OROTHERDESIGNATION.

NEITHER THE FOREGOING NOR ANY OTHER PROVISIONS HEREOF MAY BE CONSTRUED AS IN ANY MANNER CONSTITUTING ANY REPRESENTATION, WARRANTY OR IMPLICATION Page 6 of 12 (Exhibit "B") WHATSOEVER THAT DECLARANT OR ANY BUILDER WILL UNDERTAKE ANY SUCH DESIGNATION, CONSTRUCTION, MAINTENANCE, EXPANSION, IMPROVEMENT OR REPAIR, OR IF AT ANY TIME OR FROM TIME TO TIME UNDERTAKEN, THAT ANY SUCH ACTMTIES

HAT DECLARANT OR ANY BUILDER WILL UNDERTAKE ANY SUCH DESIGNATION, CONSTRUCTION, MAINTENANCE, EXPANSION, IMPROVEMENT OR REPAIR, OR IF AT ANY TIME OR FROM TIME TO TIME UNDERTAKEN, THAT ANY SUCH ACTMTIES WILL CONTINUE, AND ANY SUCH REPRESENTATION, WARRANTY OR IMPLICATION IS HEREBY SPECIFICALLY DISCLAIMED.

B6.01.2 During the Development Period Declarant may provide and construct such Community Properties as Declarant may desire. Once provided or constructed, and for so long as the same remain as part of the Community Properties, all costs and expenses of the operation, management, maintenance, repair andreplacementof Community Properties, including all costs and expenses ofinsurance thereon and all ad valorem taxes and other assessments in the nature of property taxes covering or fairly allocable thereto, will be paid by the Association (either directly or by reimbursement to Declarant), regardless of whether or not title has been transferred or conveyed to the Association and regardless of whether or not any applicable contract, agreement or other arrangement for operation, management, maintenance, repair or replacement is in the name of, is procured through or has been transferred or assigned to the Association. The Association will also pay as aforesaid all costs and expenses, regardless of type and including procurement, as to service type Subdivision Facilities such as any patrol, or any garbage or recycling services B6.01.3 During the Development Period Declarant may obtain water, electrical and other utilities, facilities or services on behalf of the Owners and/or the Association for the benefit of the Subdivision. In connection therewith, Declarantmay also install meters and other devices, including without

facilities or services on behalf of the Owners and/or the Association for the benefit of the Subdivision. In connection therewith, Declarantmay also install meters and other devices, including without limitation electrical and telephone services for gates, if any, and may obtain water, electric or other services and establish accounts as to any of the same in the name of Declarant. All such utilities, facilities and services are part of the Subdivision Facilities and must be maintained as such. Declarant may transfer any such utilities, facilities or services to the Association or request that the Association do so at any time. Any request for transfer may be made in the notice requesting the Owners call and conduct the First Annual Election Meeting of Owners as provided in Section B4.0l hereof. All such transfers must be made at the sole costs of the Association and/or all Owners other than Declarant. Any deposits, advance payments or similar fees paid by Declarant as to any such utilities, facilities or other services must be refunded to Declarant, either directly or by reimbursement, and the aforesaid costs of transfer must include any deposits, advance payments and similar fees required for continuation of the applicable utilities, facilities or other services. All transfers as requested by Declarant in any notice, including as contained in any request that the Owners call and conduct the First Annual Election Meeting of Owners, must be completed within sixty days after the date of the notice, failing which Declarant may terminate any applicable utilities, facilities or other services, without further notice to the Association, any Owner or any other Person, and obtain or retain any

notice, failing which Declarant may terminate any applicable utilities, facilities or other services, without further notice to the Association, any Owner or any other Person, and obtain or retain any applicable refunds of deposits, advance payments or similar fees. The provisions of this Section B6.0l.3 are cumulative of, and without limitation as to, all other applicable provisions of the Declaration and other Governing Documents.

B6.01.4 Without limitation of any other provisions hereof, it is expressly stipulated and agreed that Declarant does not represent, guarantee or warrant the viability, vitality, type, quality, quantity or continued existence, maintenance or replacement of any landscaping within or in the vicinity of the Subdivision, and no Owner or any other Person will ever have any claim whatsoever against Declarant or Declarant's Related Parties regarding, directly or indirectly, any landscaping. The foregoing applies to any and all landscaping, whether natural or pre-existing prior to initiation of any Development Activities (as hereafter defined), whether planted or otherwise maintained as part of Development Activities, and as to any change, removal or other modification of any landscaping. Once planted or otherwise provided, all costs and expenses of maintenance, replacement and/or removal of, and all risk of loss as to, all landscaping within Page 7 of 12 (Exhibit "B") any Community Properties or which is otherwise maintained by the Association will be the sole responsibility of the Association, subjectto Declarant's rights under this Section B6.01 and this Exhibit "B".

B6.01.5 Declarant may transfer, convey or assign any or all Community Properties to the

e responsibility of the Association, subjectto Declarant's rights under this Section B6.01 and this Exhibit "B".

B6.01.5 Declarant may transfer, convey or assign any or all Community Properties to the Association during the Development Period, and must do so within a reasonable time after termination of the Development Period. The Association is obligated to accept any conveyance and any other transfer of ownership of any Community Properties (as so designated by Declarant during the Development Period), regardless of whether the conveyance or other transfer occurs during or after the Development Period. The Association's acceptance as aforesaid is conclusively established upon filing of the applicable instrument of conveyance or other transfer in the Official Public Records of Real Property of Dallas County, Texas, or as of the date of delivery of said instrument to the Association.

B6.01.6 ANY RIGHT, TITLE OR INTEREST TO ALL COMMUNITY PROPERTIES, REAL OR PERSONAL, WILL BE TRANSFERRED, CONVEYED OR ASSIGNED TO THE ASSOCIATION ON AN "AS IS", "WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT ISSUANCE OF ANY TITLE INSURANCE OR POLICY, AND, EXCEPT FOR SPECIAL WARRANTY OF TITLE BY, THROUGH OR UNDER DECLARANT, BUT NOT OTHER WISE, WITHOUT ANY COVENANT, WARRANTY, GUARANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, WHETHER COMMON LAW OR STATUTORY, INCLUDING SPECIFICALLY WITHOUT LIMITATION, ANY STATUTORY WARRANTY OF SECTION 5.023 OF THE TEXAS PROPERTY CODE AS NOW OR HEREAFTER AMENDED, AND WITHOUT ANY OTHER WARRANTY ORREPRESENTATION, EXPRESS OR IMPLIED, ORARISING BY OPERATION OF LAW. THE FOREGOING EXCLUSIONS OF ANY COVENANT, WARRANTY, GUARANTYORREPRESENTATIONINCLUDE,BUT ARENOTLIMITEDTO,(i)ANYWARRANTY

HER WARRANTY ORREPRESENTATION, EXPRESS OR IMPLIED, ORARISING BY OPERATION OF LAW. THE FOREGOING EXCLUSIONS OF ANY COVENANT, WARRANTY, GUARANTYORREPRESENTATIONINCLUDE,BUT ARENOTLIMITEDTO,(i)ANYWARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) THE SOIL CONDITIONS, DRAINAGE, TOPOGRAPHICAL FEATURES OR CONDITIONSATOR WHICHAFFECTTHEPROPERTY;(iii)ANYFEATURESORCONDITIONSAT OR WHICH AFFECT THE PROPERTY WITH RESPECT TO ANY PARTICULAR PURPOSE, USE, DEVELOPMENT POTENTIAL, OR OTHERWISE; (iv) THE AREA, SIZE, SHAPE, CONFIGURATION, LOCATION, CAPACITY, QUANTITY, QUALITY, VALUE, CONDITION, OR AMOUNT OF THE PROPERTY; (v)ALLEXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES CREATED BY ANY AFFIRMATION OF FACT OR PROMISE OR BY ANY DESCRIPTION OF THE PROPERTY; (vi)ANYENVIRONMENTAL, GEOLOGICAL, STRUCTURAL, OR OTHER CONDITION ORHAZARD OR THE ABSENCE THEREOF HERETOFORE, NOW, OR HEREAFTER AFFECTING IN ANY MANNER ANY PART OF THE PROPERTY; (vii) ANY CONSEQUENCES RESULTING FROM THE PROPERTY BEING LOCATED IN ANY AREA (A) DESIGNATED AS A "FLOOD PLAIN" AND/OR (B) THAT IS CAPABLE OF RECEIVING FLOOD WATERS; AND (viii) ALL OTHER EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS WHATSOEVER, EXCEPT SOLELY THE SPECIAL WARRANTY OF TITLE AS AFORESAID.

B7.01 Easements.

B7.01.1 Declarant and any Authorized Builder as so designated by Declarant, and their agents or employees (including any contractor or subcontractor) are entitled during the Development Period to use and exercise all easements set forth in the Declaration for, and Declarant may grant or exercise such additional easements for ingress, egress and usage as is reasonably necessary for, construction of single family residences, providing and development of utilities, Community Properties and/or Subdivision

tional easements for ingress, egress and usage as is reasonably necessary for, construction of single family residences, providing and development of utilities, Community Properties and/or Subdivision Facilities and any and all other Development Activities (as hereafter defined).

Page 8 of12 (Exhibit "B") B 7.01.2 In addition to the general easement as provided in the proceeding subsection, until completion of the initial sale ( as defined in Section B2.01 hereof) of all Lots, Declarant and any Authorized Builder will have a temporary construction easement upon, under, over, across and above each Lot and all Community Properties for purposes ofinstallation, construction and completion of the residence, garage and any other structures or improvements upon any adjacent Lot or Community Properties and the conducting of any other Development Activities ( as hereafter defined) in relation thereto, provided that this easement will not extend in any manner to the interior of any residence or garage and may not be utilized in such manner as to block ingress or egress as to the same, and provided further that Declarant or any Authorized Builder utilizing this easement must restore any parts of the Lot or Community Properties affected by such usage to as nearly as practicable the same condition it was prior to such usage promptly upon completion of such usage.

BS.01 Development Activities, Including Notices and Releases.

BS.01.1 Declarant, Declarant's Related Parties, any Authorized Builder, and the constructors, sub-contractors, suppliers, vendors, sales agents, realtors and all other related personnel of Declarant or an Authorized Builder (all such Persons sometime herein referred to as "Development

ructors, sub-contractors, suppliers, vendors, sales agents, realtors and all other related personnel of Declarant or an Authorized Builder (all such Persons sometime herein referred to as "Development Personnel") have the right to transact any business and conduct any activities reasonably necessary for all construction within, and all development of, the Subdivision, and for the sale or rental of Lots and single family residences and any other improvements to be constructed within the Subdivision. All such construction, development, sales and all related business and activities, including without limitation as set forth in this Section B8.01, are herein referred to as "Development Activities." WITHOUT LIMITATION OF ANY OTHER PROVISIONS HEREOF, IT IS EXPRESSLY STIPULATED AND AGREED THAT DECLARANT DOES NOT REPRESENT, WARRANT OR GUARANTEE ANY SPECIFIC PERIOD OF TIME OR DATE DURING OR BY WHICH ANY AMENITIES WILL BE PROVIDED, INSTALLED, OPERATIONAL OR COMPLETED, OR BY WHICH CONSTRUCTION OF ANY RESIDENCES AND RELATED IMPROVEMENTS WILLCOMMENCEORBE COMPLETED, OR BY WHICH ANY OTHER DEVELOPMENT ACTIVITIES WILL COMMENCE OR BE COMPLETED.

BS.01.2 Declarant (and any Authorized Builder), have the right to maintain models, to have, place and maintain sales and promotional signs, flags, banners and similar promotional devices within the Subdivision, to conduct from time to time an "open house" and similar events for realtors and other persons which may include without limitation leaving limited access gates (if any) open as hereafter provided, and to use for development, sales and/or promotional purposes all or any part of any Lot, including residence or other improvements located thereon, which is owned by Declarant or an Authorized Builder.

d to use for development, sales and/or promotional purposes all or any part of any Lot, including residence or other improvements located thereon, which is owned by Declarant or an Authorized Builder.

BS.01.3 IF AND TO THE EXTENT THAT ANY PATROL OR ACCESS SERVICES, STRUCTURES OR DEVICES, INCLUDING ANY CONTROLLED ACCESS GATE, GUARDHOUSE AND RELATED STRUCTURES AND DEVICES ("PATROL/ACCESS DEVICES"), ARE PROVIDED FOR THE SUBDIVISION, THEN DURING THE DEVELOPMENT PERIOD, DECLARANT RETAINS FULL AND SOLE AUTHORITY AS TO AND CONTROL OVER THE SAME. DECLARANT'S AUTHORITY AND CONTROL INCLUDES THE RIGHT IN DECLARANT'S SOLE DISCRETION TO DETERMINE THE HOURS, STAFFING AND MANNER OF OPERATION OF ANY AND ALL SUCH PATROL/ACCESSDEVICES,IFANY. WITHOUTLIMITATIONOFTHEFOREGOING,DECLARANT IS EXPRESSLY AUTHORIZED DURING THE DEVELOPMENT PERIOD TO DETERMINE IF AND WHENANYPATROL/ACCESSDEVICESWILLBEORBECOMEFUNCTIONALOROPERATIONAL, INCLUDING THE SOLE RIGHT AND AUTHORITY TO DETERMINE IF AND WHEN ANY CONTROLLED ACCESS GATE WILL BE OR BECOME FUNCTIONAL, AND IF AND WHEN TO LEAVE ANY CONTROLLED ACCESS GATES OPEN FOR ANY PERIODS OF TIME (OR AT ALL TIMES). DURING THE DEVELOPMENT PERIOD DECLARANT MAY ALSO PERMIT, AND AFTER Page 9 of 12 (Exhibit "B ") THE DEVELOPMENT PERIOD THE ASSOCIATION AND THE BOARD MUST ALSO PERMIT AND TAKE ALL NECESSARY ACTIONS TO FACILITATE, ACCESS TO THE SUBDIVISION BY ANY DEVELOPMENT PERSONNEL INVOLVED IN ANY DEVELOPMENT ACTIVITIES, BY ANY PROSPECTIVE PURCHASERS, BY ANY SALES AGENTS OR REALTORS AND BY ANY OTHER PERSONS AS DECLARANT REASONABLY DETERMINES IS NECESSARY OR CONVENIENT TO ACCOMMODATE ANY DEVELOPMENT ACTIVITIES. NO PROVISIONS OF THIS DECLARATION OR ANY OTHER GOVERNING DOCUMENTS, AND NO OTHER STATEMENTS OR

AS DECLARANT REASONABLY DETERMINES IS NECESSARY OR CONVENIENT TO ACCOMMODATE ANY DEVELOPMENT ACTIVITIES. NO PROVISIONS OF THIS DECLARATION OR ANY OTHER GOVERNING DOCUMENTS, AND NO OTHER STATEMENTS OR COMMUNICATIONS BY DECLARANT OR THE ASSOCIATION, OR ANY RELATED PARTIES OF EITHER, WILL EVER CONSTITUTE ANY REPRESENTATIONS OR WARRANTIES BY DECLARANT,THEASSOCIATION,ORTHERELATEDPARTIESOFEITHER,CONCERNINGTHE HOURS, STAFFING OR MANNER OF OPERATION OF ANY PATROL/ACCESS DEVICES, OR CONCERNING ANY SAFETY OR SECURITY BENEFITS OR PROTECTION REGARDING ANY OF THE SAME, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES BEING HEREBY EXPRESSLY DISCLAIMED.

B8.0l.4 Development Personnel may or will be required to and are hereby specifically authorized to engage in construction activities, to store equipment or materials, to create accumulations of trash and debris, and to otherwise engage in activities and create conditions related to its development of the Subdivision, including the construction and sale of residences and any other improvements in the Subdivision. Any of the foregoing activities may be conducted upon or within multiple Lots, upon or within Community Properties, including any Subdivision Facilities, and/or upon or within other properties within the Subdivision, excluding any Lot after the initial sale of the Lot to an Owner other than Declarant or an Authorized Builder and occupancy of the Lot by the said other Owner or their tenant. Without limitation of the foregoing, Declarant and any Authorized Builder are specifically authorized to engage in any of the .

foregoing activities and any other Development Activities at any times and on any days (including Sundays and holidays) as Declarant or the Authorized Builder deems necessary, subjectto Declarant's right to regulate

ities and any other Development Activities at any times and on any days (including Sundays and holidays) as Declarant or the Authorized Builder deems necessary, subjectto Declarant's right to regulate Authorized Builders as herein provided.

B8.0l.5 During the Development Period, Declarant's Development Personnel (and Development Personnel of any Authorized Builder to the extent expressly permitted by Declarant) may use for any Development Activities, without charge, any Community Properties, including any Subdivision Facilities.

B8.0l.6 Declarant (and any Authorized Builder) may permit temporary toilet facilities, sales and construction offices and storage areas to be used in connection with the construction and sale of residences at such locations as Declarant may direct. Declarant may also authorize usage of garages as sales offices during the Development Period. At or prior to the date of the sale of a Lot to an Owner other than Declarant or an Authorized Builder, any garage appurtenantto the residence located on the Lot used for sales purposes must be fully reconverted to a garage, and any such other Owner or their successors in title will be responsible for completion of the reconversion to any extent the reconversion is not completed as aforesaid.

B8.01.7 Development Personnel may park vehicles at any locations within or in the vicinity of the Subdivision as is necessary to conducting of any Development Activities, excluding the private driveway, if any, as to any residence which is owned by an Owner other than Declarant or an Authorized Builder and which is occupied by the Owner or their tenant.

B8.01.8 Declarant may establish any reasonable regulations as to Owners and tenants, as

ed by an Owner other than Declarant or an Authorized Builder and which is occupied by the Owner or their tenant.

B8.01.8 Declarant may establish any reasonable regulations as to Owners and tenants, as to the Association, the Board and/or the ACC, as to any Related Parties of any of the foregoing, and as to any other Person, which Declarant deems appropriate to avoid hindrance or interference with any Development Activities, including limiting or denying access to areas of the Subdivision, designating Page 10 of 12 (Exhibit "B") temporary dumping sites, maintenance of metal buildings or structures and use of Community Properties, including any Subdivision Facilities, in connection with its Developmental Activities.

B8.0l.9 Except as stated in Section BS.01.5, all provisions of this Section B8.0l apply to each Lot owned by Declarant or an Authorized Builder until completion of the initial sale (as defined in Section B2.0l) of the last Lot in the Subdivision, whether or not completion of the initial sale occurs during or after the Development Period.

B8.01.10 THE CONDUCTING OF DEVELOPMENT ACTIVITIES WILLNECESSARIL Y RESULT IN THE CREATION AND ACCUMULATION OF DUST, CONSTRUCTION MATERIALS AND EQUIPMENT, TRASH AND OTHER DEBRIS, AND ADDITIONAL TRAFFIC, NOISE, VISUAL IMPACT, AND OTHER INCONVENIENCES, DISTURBANCES, ANNOYANCE AND VARIANCES FROM AVERAGE OR NORMAL CONDITIONS WITHIN THE SUBDIVISION. THESE MA TIERS ANDCONDITIONSWILLNECESSARILYEXIST ANDCONTINUEFORLONGERPERIODSOFTIME AS TO OWNERS, TENANTS AND OTHER OCCUPANTS WHO OCCUPY RESIDENCES EARLY IN THE DEVELOPMENT PERIOD. BY ACQUISITION OF OWNERSHIP AND/OR BY OCCUPANCY OF ANY LOT, EACH SUCH OWNER TENANT AND OCCUPANT ACKNOWLEDGES, CONSENTS TO AND ACCEPTS SUCH MATTERS AND CONDITIONS, AND FULLY WAIVES AND RELEASES AND

OD. BY ACQUISITION OF OWNERSHIP AND/OR BY OCCUPANCY OF ANY LOT, EACH SUCH OWNER TENANT AND OCCUPANT ACKNOWLEDGES, CONSENTS TO AND ACCEPTS SUCH MATTERS AND CONDITIONS, AND FULLY WAIVES AND RELEASES AND AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS DECLARANT, ALL DEVELOPMENT PERSONNEL, THE ASSOCIATION AND THEIR RELATED PARTIES FROM ANY AND ALL CLAIMS AND LIABILITIES OF ANY KIND WHATSOEVERAS TO ALL SUCH MATTERS AND CONDITION, INCLUDING WITHOUT LIMITATION ALL "CLAIMS,1111COMPLIANCECOSTS11 AND "LOSSES" (AS DEFINED IN SECTION 10.02.4 OF THE DECLARATION)AND INCLUDING WITHOUT LIMITATION WITH REGARD TO ANY ENVIRONMENTAL, HEALTH OR SAFETY ISSUES. ABSENT INTENTIONAL AND WILLFUL MISCONDUCT, DECLARANT, ITS RELATED PARTIES AND ALL OTHER DEVELOPMENT PERSONNEL (INCLUDING AS TO ANY AUTHORIZED BUILDER) ARE NOT LIABLE TO ANY OWNER, TENANTORANY OTHEROCCUP ANT, OR TO THE ASSOCIATION OR ACC, OR TO ANY RELATED PARTIES OF ANY OF THE FOREGOING, OR TO ANY OTHER PERSON FOR ANY CONSEQUENCES OF THE CONDUCTING OF ANY DEVELOPMENT ACTIVITIES.

B9.01 Amendment of Governing Documents; Changes in Composition of Subdivision.

B9.01.1 General. During the Development Period Declarant reserves the sole and exclusive right, without joinder, vote, consent or any other approval of, and without notice of any kind to, the Association, the Board, the ACC, any Owner or any other Person (i) to adopt, amend, modify, revise or repeal, from time to time and at any time, this Declaration and any other governing documents, (ii) to prepare, amend, modify, revise or repeal any Plat covering or to cover the Subdivision, including without limitation elimination, change or reconfiguration of any Lots, reserves, compensating open space, street,

end, modify, revise or repeal any Plat covering or to cover the Subdivision, including without limitation elimination, change or reconfiguration of any Lots, reserves, compensating open space, street, easement, or any other parts, features, depictions, descriptions, notes, restrictions and any other aspects of any Plat, or any amendments or revisions thereof, (iii) to designate, construct or expand the Community Properties, including any Subdivision Facilities, and to modify, eliminate, discontinue, reconfigure, redesign, redesignate, or in any other manner change the Community Properties, including any Subdivision Facilities, (iv) to grant one or more residential use easements in any part of any reserve in favor of any Owner whose Lot or any part thereof abuts a reserve, in which case the area of land covered by each residential use easement will be appurtenant to and will be subject to all applicable provisions of this Declaration and all other applicable Governing Documents to the same extent as the applicable abutting Lot, and to all other provisions of the residential use easement grant, (v) to combine with, annex in to and/or to otherwise make a part of the Subdivision any other real property, any part of which is adjacent to, or across any street from, or otherwise located within one-half mile from, any part of the Subdivision as configured at the time of the Page 11 of12 (Exhibit "B") combination or annexation, (vi) with the consent of the owner thereof, to withdraw or remove any real property from the Subdivision, and (vii) as to any or all of the foregoing, to amend this Declaration, any Plat and any other governing documents accordingly.

B9.0l.2 Effective Date. Any amendment, modification, revision, repeal, residential use

o any or all of the foregoing, to amend this Declaration, any Plat and any other governing documents accordingly.

B9.0l.2 Effective Date. Any amendment, modification, revision, repeal, residential use easement, combination, annexation or other matter as provided in this Section will be effective from and after the date of filing of notice thereof in the Official Public Records of Real Property of Dallas County, Texas, except to the extent expressly otherwise provided in the applicable document.

Bl0.01 Binding Arbitration; Limitations. Declarantmay, by written request, whether made before or after expiration or termination of the Development Period or before or after institution of any legal action, require that any Dispute (as hereafter defined) be submitted to binding arbitration to be conducted in Dallas County, Texas in accordance with the Construction Industry Arbitration Rules ( or substantial equivalent) of the American Arbitration Association which rules are hereby adopted regarding any such proceedings.

"Dispute" means any claim, demand, action or cause of action, and all rights and remedies regarding the same, claimed or asserted by the Association, the ACC or any Owner, or by any of their Related Parties, against or adverse to Declarant, or to any Related Party ofDeclarant, regarding (i) the Declaration (including this Exhibit "B") or any other Governing Documents, and/or (ii) any Development Activities within or regarding the Subdivision, including the construction of any residence or other improvement. The decision( s) of the arbitrator will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The initial cost of such arbitration will be borne equally by

r will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The initial cost of such arbitration will be borne equally by the parties, but the cost of such proceeding, including, without limitation, expert witness fees and reasonable attorneys fees, must be awarded to the prevailing party. NOTICE OF ANY DISPUTE MUST BE GIVEN TO DECLARANT NOT LATER THAN ONE HUNDRED TWENTY DAYS AFTER, AND SUIT REGARDING ANY DISPUTE MUST BE FILED IN A COURT OF COMPETENT JURISDICTION NOT LATER THAN TWO YEARS PLUS ONE DAY AFTER, THE DATE ANY CLAIM OR CAUSE OF ACTION REGARDING THE DISPUTE ACCRUES.

B 11.01 Notice to Declarant. All notices to Declarant, either during orafterthe Development Period, must be given to Declarant as provided in Section 5.255 of the Texas Business Organizations Code, as amended, at Declarant's registered office or principal office, and as otherwise provided in Section 10.05 of the Declaration. · Bl2.01 NOIMPAIRMENTOFDECLARANT'SRIGHTS. NOTWITHSTANDING ANY OTHER PROVISIONS OF THE DECLARATION OR ANY OTHER GOVERNING DOCUMENTS, NO PROVISIONS OF THIS EXHIBIT "B", AND NO OTHER RIGHTS OR LIMIT A TIO NS OF LIABILITY APPLICABLE TO DECLARANT PURSUANT TO THE DECLARATION OR ANY OTHER GOVERNING DOCUMENTS, MAY BE AMENDED, MODIFIED, CHANGED OR TERMINATED EITHER DURING OR AFTER TERMINATION OF THE DEVELOPMENT PERIOD WITHOUT THE PRIOR WRITTEN CONSENT OF DECLARANT.

Page 12 of 12 (Exhibit "B") fx.C OWNERS CERTIFICATE ST ATE OF TEXAS COUNTY OF DALLAS WHEREAS, WILBOW-HIGH GROVE DEVELOPMENT CORPORATION is the owner of a tract of land situated in the William Meyers Survey, Abstract No. 880, said tract being all of

ATE ST ATE OF TEXAS COUNTY OF DALLAS WHEREAS, WILBOW-HIGH GROVE DEVELOPMENT CORPORATION is the owner of a tract of land situated in the William Meyers Survey, Abstract No. 880, said tract being all of Lot 1 and a part of Lot 2, Block A/5127, Stevens Forest Addition, an addition to the City of Dallas, Dallas County, Texas, according to the map thereof recorded in Volume 38, Page 169 of the Deed Records of Dallas County, Texas, said tract conveyed to Wilbow-High Grove Development Corporation by Special Warranty Deed with Vendors Lien recorded in Instrument Number 201400143628 Official Public Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at found 1/2 inch iron rod with a plastic cap for a corner at the southeast corner of said Lot 1, said point being on the west line of Mary Cliff Road (a 50 foot right of way); THENCE, N 88°40'40" W, departing the said west line of Mary Cliff Road and with the south line of the said Steven Forest Addition, passing at a distance of 3.00 feet the northeast corner of Lot 5 of St. Cecilia Catholic Church, an addition to the City of Dallas, Texas, according to the map thereof recorded in Instrument Number 201000017385, Official Public Records of Dallas County, Texas, continuing in all a distance of 542.05 feet to a point for a corner with a reference monument being a set 3 inch aluminum disk stamped "High Grove at West Kessler Hts" "No. 3952" at N 01 °19'20" E, a distance of 1.00 feet; THENCE, the following courses and distances crossing said Lot 2: -N 01 °19'20" E, passing the said reference monument at a distance of 1.00 feet, continuing in all a distance of 83.00 feet to a set 3 inch aluminum disk stamped "High Grove at West Kessler Hts" "No. 3952" for a corner;

ssing the said reference monument at a distance of 1.00 feet, continuing in all a distance of 83.00 feet to a set 3 inch aluminum disk stamped "High Grove at West Kessler Hts" "No. 3952" for a corner; -S 88°40'40" E, a distance of 12.68 feet to a set 3 inch aluminum disk stamped "High Grove at West Kessler Hts" "No. 3952" for a corner; -N 01 °19'20" E, a distance of 117.00 feet to a set 3 inch aluminum disk stamped "Highgrove at West Kessler Hts" "No. 3952" for a corner in the south line of Stevens Forest Drive (a 50 foot right of way); THENCE, S 88°40'40" E, with the south line of Stevens Forest Drive a distance of 510.73 feet to a found 1 /2 inch iron rod at the beginning of a tangent curve to the right with a central angle of 88°52'24", a radius of 15.00 feet, a chord bearing of S 44°14'28" E, and a chord distance of 21.00 feet, said point being the west point of a circular right of way clip at the intersection of the south line of Steven Forest Drive with the east line of Mary Cliff Road; THENCE, Southeasterly, with the said circular right of way clip and along said curve, an arc distance of 23.27 feet to a found 1/2 inch rod with a plastic cap at the point of tangency and in the west line of said Mary Cliff Road; THENCE, S 00°11 '49" W, with the west line of Mary Cliff Road, a distance of 185.33 feet to the Point of Beginning and Containing 106,487 square feet or 2.445 acres of land.

b.D OWNERS CERTIFICATE STATE OF TEXAS COUNTY OF DALLAS WHEREAS, WILBOW-HIGH GROVE DEVELOPMENT CORPORATION is the owner of a tract of land situated in the William Meyers Survey, Abstract No. 880, said tract being all of a called 0.3601 acre tract and a part of Lot 2 and all of Lot 3, Block A/5127, Stevens Forest

owner of a tract of land situated in the William Meyers Survey, Abstract No. 880, said tract being all of a called 0.3601 acre tract and a part of Lot 2 and all of Lot 3, Block A/5127, Stevens Forest Addition, an addition to the City of Dallas, Dallas County, Texas, according to the map thereof recorded in Volume 38, Page 169 of the Deed Records of Dallas County, Texas, said tract being part of a called 4.37 acre tract of land conveyed to Wilbow-High Grove Development Corporation by Special Warranty Deed with Vendors Lien recorded in Instrument Number 201400143628 Official Public Records of Dallas County, Texas and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod with a plastic cap for a corner in the west line of Mary Cliff Road (a 50 foot right of way), said point being the southeast corner of said Lot 1; Thence, N 88°40'40" W, with the south line of said Lot 1 and the west line of Mary Cliff Road, passing at a distance of 3.00 feet the northeast corner of Lot 5 of St. Cecilia Catholic Church, an addition to the City of Dallas, Texas, according to the map thereof recorded in Instrument Number 201000017385, Official Public Records of Dallas County, Texas, departing the west line of Mary Cliff Road and continuing in all a distance of 542.05 feet to a point for a corner for the Point of Beginning, said point being S 01 °19'20" W, a distance of 1.00 feet from a reference monument being a set 3 inch aluminum disk stamped "High Grove at West Kessler Hts" "No. 3952"; THENCE, N 88°40'40" W continuing with the south line of the said Steven Forest Addition, passing at a distance of 114.20 feet the northwest corner of said Lot 5 and the northeast corner of Lot 4, Block A/5127 of American G.I. Forum I, an addition to the City of Dallas,

en Forest Addition, passing at a distance of 114.20 feet the northwest corner of said Lot 5 and the northeast corner of Lot 4, Block A/5127 of American G.I. Forum I, an addition to the City of Dallas, Texas according to the map thereof recorded in Volume 87106, Page 7473, Deed Records of Dallas County, Texas, passing at a distance of 338.86 feet the southwest corner of said Lot 3, continuing in all a distance of 350.00 feet to a found 1/2 inch iron rod with a plastic cap for a point for a corner, said point being the northwest corner of said Lot 4 and the northeast corner of Stevens Hills Apartment, an addition to the City of Dallas, Texas according to the map thereof recorded in Volume 71230, Page 734, Deed Records of Dallas County, Texas; THENCE, the following courses and distances with north, northeast and east line of the said Stevens Hills Apartments addition: -N 88°37'46" W, a distance of 34.70 feet to a found 1/2 inch iron rod with a plastic cap for a corner; -N 58°07'55" W, a distance of 82.22 feet to a found 1/2 inch iron rod with a plastic cap at the beginning of a tangent curve to the right with a central angle of 58°42'13", a radius of 20.00 feet, a chord bearing of N 28°46'49" Wand a chord distance of 19.61 feet; -Northwesterly, along said curve, an arc distance of 20.49 feet to a found PK nail at the point of tangency; -N 00°34'17" E, a distance of 56.48 feet to a found 1/2 inch iron rod with a plastic cap in the southeast line of Steven Forest Drive (a 50 foot right of way), said point being the beginning of a non-tangent curve to the left with a central angle of 17°41'06", a radius of 350.00 feet, a chord bearing of N 69°08'43". E, and a chord distance of 107.60 feet;

), said point being the beginning of a non-tangent curve to the left with a central angle of 17°41'06", a radius of 350.00 feet, a chord bearing of N 69°08'43". E, and a chord distance of 107.60 feet; THENCE, the following courses and distances with the southeast and south line of Steven Forest Drive: -Northeasterly, along said curve, an arc distance of 108.03 feet to a found 1/2 inch iron rod with a plastic cap at U:ie point of tangency; -N 60°57'25" E, a distance of 31.98 feet to a found 1/2 inch iron rod with a plastic cap at the beginning of a tangent curve to the right with a central angle of 30°39'46", a radius of 200.00, a chord bearing of N 75°59'27" E and a chord distance of 105. 76 feet; -Northeasterly, along said curve, an arc distance of 107.03 feet to a found 1/2 inch iron rod at the point of tangency; -S 88°40'40" E a distance of 249.33 feet to a set 3 inch aluminum disk stamped "High Grove at West Kessler Hts" "No. 3952" for a corner; THENCE, the following courses and distances crossing said Lot 2: -S 01°19'20" W, departing the south line of Steven Forest Drive, a distance of 117.00 feet to a set 3 inch aluminum disk stamped "High Grove at West Kessler Hts" "No. 3952" for a corner, N 88°40'40" W a distance of 12.68 feet to a set 3 inch aluminum disk stamped "High Grove at West Kessler Hts" "No. 3952" for a corner; -S 01°19'20" W a distance of 83.00 feet to the Point of Beginning and containing 84,057 square feet or 1.930 acres of land Filed and Recorded Official Public Records John F. Warren, County Clerk Dallas County, TEXAS $450.00 201600093798