AFTER RECORDING, PLEASE RETURN TO: Judd A. Austin, Jr.
Henry Oddo Austin & Fletcher, P.C.
1700 Pacific Avenue Suite 2700 Dallas, Texas 75201 ELEVENTH SUPPLEMENTAL CERTIFICATE AS MEMORANDUM OF RECORDING OF DEDICATOR INSTRUMENTS FOR STATE OF TEXAS COUNTY OF COLLIN olding an interest in and to any portion of property described on Exh 2 to are subject to the foregoing dedicatory instrument. The attached dedicator) efit serves to replace and supersede any previously recorded dedicatory instrument addressing the same subject matter and shall remain in force and effect until revoked, modified or amended by the Board of Directors.
IN WITNESS WHEREOF, Frisco Hunters Creek Homeowners Association, Inc. has caused this Eleventh Supplemental Certificate and Memorandum of Recording of Dedicatory Instruments to be filed with the office of the Collin County Clerk, and serves to supplement that certain Certificate and Memorandum of Recording of Association Documents filed on October 19, 2007 and recorded as Instrument No. 20071019001437490 in the Official Public ds of Collin Association Documents filed on December 31, 2007 and Se 20071219001718370 in the Official Public Records of Collin Co Supplemental Certificate and Memorandum of Recording of Dedtcz Records of Collin County, Texas; that certain Seventh Supplemental Certificate and Memorandum of Recording of Dedicatory Instruments filed on August 16, 2021, and recorded as Instrument No.
20210816001651430 in the Official Public Records of Collin County, Texas; that certain Eighth Supplemental Certificate and Memorandum of Recording of Dedicatory Instruments filed on November 12, 2021, and recorded as Instrument No. 20211112002315490 in the Official Public
; that certain Eighth Supplemental Certificate and Memorandum of Recording of Dedicatory Instruments filed on November 12, 2021, and recorded as Instrument No. 20211112002315490 in the Official Public Records of Collin County, Texas; that certain Ninth Supplemental Certificate and Memorandum Tenth Supplemental Certificate and Memorandum of Recording 7 Dedicafory on January 6, 2022, and recorded as Instrument No. 2022010600 Records of Collin County, Texas.
STATE OF TEXAS COUNTY OF DALLAS kgned Notary Public, on this day personally appeared Judd A.
srs Creek Homeowners Association, Inc., known to me to be Wy ee, BEVERLY BATES lic, State of Texas Oke % Notary Public, State of Texas io Comm. Expires 04-28-2025 site sl ee Se PROERS Notary 1D 485647 FRISCO HUNTERS CREEK HOMEOWNERS ASSOCIATION, INC.
COLLECTION POLICY WHEREAS, as provided in Article IV, Section 4.1 of the Declaration ‘ef Céyenants, Conditions and Restrictions for Hunters Creek (the “Declaration’”), each Owner Q i obligated to pay annual assessments to Frisco Hunters Creek Homeowners Assogiet “Association”’); and WHEREAS, annual assessments are determined as set fo Artigle the Declaration; and WHEREAS, special assessments are levied in accordane the Declaration; and WHEREAS, all sums assessed agains with costs of collection, reasonable attorney’ sfe¢ on such Lot in favor of the Association as and gd by a continuing lien 4.8 of the Declaration; isions of the Declaration including, special assessments from the Owners.
appropriate Under the circumstances in question.
2. Due Dates. The annual assessments are due in the first (1*') day of the month on which the Assessment falls due (the “Due Date”). Any special assessments shall be due as determined by the Board of Directors.
Page 1 of 7
al assessments are due in the first (1*') day of the month on which the Assessment falls due (the “Due Date”). Any special assessments shall be due as determined by the Board of Directors.
Page 1 of 7 The due date for the annual and special assessments shall be collectively referred to in this Collection and Payment Application Policy as the “Due Date”.
3. Delinquency Date. Any annual assessment or special assessment not paid by the 30" day following the Due Date shall be delinquent (the “Delinquency Date’’).
4. Required Notices and Correspondence.
Late Notice. If an assessment is not paid by the Delinquency Date, the Associatidy reminder (referred to as the “Late Notice”) with a Statement of Account to the Owner¢ the Owner that an assessment(s) is past due and requesting immediate paymen Default Letter. No sooner than sixty (60) days following the Du a another reminder (referred to as the “Default Letter”) to the O immediate payment of all outstanding amounts. The Default Letter and first-class United States mail, and will include the following a. The Default Letter will f Ii (the unpaid assessments, interest, late charg® j ares) incurred.
c. The Default Letter vay scri Sptions* the Owner has to avoid having the account turned ov€ Sent, including information regarding the availability of g etter, the delinquency may be referred to the legal counsel for further collection action, including the possibility of gure of the assessment lien, and that once such referral has 6. Handling Fees and Return Check Fees. In order to recoup for the Association, the costs of collection incurred because of the additional administrative expenses associated with Page 2 of 7 collecting delinquent assessments, collection of the following fees and charges are part of the
sts of collection incurred because of the additional administrative expenses associated with Page 2 of 7 collecting delinquent assessments, collection of the following fees and charges are part of the Collection and Payment Application Policy: a. Any handling charges, administrative fees, postage, or other expenses incurred by the Association in connection with the collection of any assessment or related amount owing beyond the Delinquency Date for such assessment will become due and owing by the Delinquent Owner.
b. A charge of $25.00 per item, along with all bank charges, will Decom&due and payable for any check tendered to the Association, which is dishonortq by the a. First, to any de b. Next, to ay by the records of the Association as being the Owner of a Lot for which e and will be sent to the most recent address of such Owner solely as reflected the Association. Any notice or communication directed to a person at an vth cases reflected by the records of the Association as being the Owner and address for a given Lot, will be valid and effective for all purposes until such time as there is actual receipt by the Association of written notification of any change in the identity or status of such Owner or its address or both.
Page 3 of 7 9, Notification of Owner’s Representative. Where the interests of an Owner in a Lot have been handled by a representative or agent of such Owner or where an Owner has otherwise acted so as to put the Association on notice that its interests in a Lot have been and are being handled by a representative or agent, any notice or communication from the Association pursuant to this Collection Policy will be deemed full and effective for all purposes if given to such representative or agent.
epresentative or agent, any notice or communication from the Association pursuant to this Collection Policy will be deemed full and effective for all purposes if given to such representative or agent.
10. Referral to Legal Counsel. Ifthe delinquency is not cured in full, inclug charges then owing, within forty-five (45) days of the date of the Default Letter, or (ii) has not entered into a payment plan with the Association, within forty-five (45) days o of the Default Letter, Management, on behalf of the Board, or the Board may" possible thereafter, refer the delinquency to the legal counsel for the Assogfati action as required by this Collection Policy. Any attorney’s fees virtue of legal action taken will become part of the assessment as such as provided herein.
gement and counsel, will to be in the best interest of the pursue one course ofXgcti iN way limit or impair the right of the Association to initiat&agt fe e of the Demand Letter. The Association may skip the Demand Letter orth in this subsection b and proceed with collection procedures set only to the extent allowed by law, and as may be determined 1 time to time by the Board of Directors.
Notice of Lien. Ifa Delinquent Owner fails to pay the amounts demanded in the initial Demand Letter sent by counsel within thirty (30) days of the date of the Demand Letter, counsel will, upon direction ftom the Board and/or Management, order a search of the land records to determine a current ownership of the Lot on which the delinquency exists and cause to be prepared and executed, Page 4 of 7 and recorded in the Official Public Records of Collin County, a written notice of lien (referred to as the “Notice of Lien”) setting forth therein the amount of the
prepared and executed, Page 4 of 7 and recorded in the Official Public Records of Collin County, a written notice of lien (referred to as the “Notice of Lien”) setting forth therein the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot covered by the lien. A copy of the Notice of Lien will be sent to the Owner contemporaneously with the filing of same with the County Clerk’s office, together with an additional demand for payment in full of all amounts then outstanding, within twenty (20) days of the date of the transmittal to the Owner of the Notice of Lien.
(i) . Inferior Lien Notice of Default and Opportunity to Cure.
(a) provide written notice of delinquency giving rise tg (b) e € an opportunity to cure the 6lst day after the date the gfuired to pay the costs and expenses of such able attorney’s fees.
ules of Civil Procedure. The Board may decide to slose its lien by exercising its power of sale granted by the eClaration. In such event, counsel may commence expedited foreclosure lawsuil under Rules 735 and 736 of the Texas Rules of Civil Procedure. Upon receipt from the Court of an order authorizing foreclosure of the Lot, counsel may post the Lot at the Collin County Courthouse for a foreclosure sale. The Association shall have the power to bid on the Owner’s Lot and improvements at foreclosure and to acquire, hold, lease, mortgage, convey or otherwise deal with the same. The Association may institute, a personal judgment suit against the former Owner for any deficiency resulting from the Association’s foreclosure of its assessment lien.
Page 5 of 7 (Il) Judicial Foreclosure. The Association may file suit for judicial foreclosure of the assessment lien, which suit may also seek a
m the Association’s foreclosure of its assessment lien.
Page 5 of 7 (Il) Judicial Foreclosure. The Association may file suit for judicial foreclosure of the assessment lien, which suit may also seek a personal money judgment. Upon receipt from the Court ofan order foreclosing the Association’s assessment lien against the Lot, the sheriff or constable may post the Lot for sheriffs sale. The Association shall have the power to bid on the Owner’s Lot and improvements at foreclosure and to acquire, hold, lease, mortgage, convey or otherwise deal with the same.
f. Lawsuit for Money Judgment. The Association may file suit fo judgment in any court of competent jurisdiction.
g. Bankruptcy. Upon notification ofa petition in ba ptcy, § refer the account to legal counsel.
that may be available to the Assogiation, tsisto certify that the foregoing Collection Policy was adopted by the Board of Directors at a duly convened meeting of held on dor! i2. , 2022, and has not been modified, rescinded, or revoked.
Page 6 of 7 DATE: April 12, 2022 Snicy.
President Unofficial Page 7 of 7 EXHIBIT B Those tracts and parcels of real property located in the City of Frisco, Collin County, Texas and more particularly described as follows: (a) All lots and tracts of land situated in Hunters Creek Phase 4, an Addition to the City of Frisco, Collin County, Texas, a€ce the Plat recorded in Volume M, Page 544, Map Reca County, Texas; and (b) All lots and tracts of land situated in Hunters Cyée the Plat recorded in Cabinet M, Slide 5 County, Texas; and Phase 2, an xas, according to (c) All lots and tracts of land si Addition to the City of Fri the Plat recorded in Vo Collin County, Texasypa nters Creek Phase 8, an m County, Texas, according to (d) All lots and tracts 4
ording to (c) All lots and tracts of land si Addition to the City of Fri the Plat recorded in Vo Collin County, Texasypa nters Creek Phase 8, an m County, Texas, according to (d) All lots and tracts 4 Addition to the Cit i situated in Hunters Creek Phase 9, an risco, Collin County, Texas, according to (e) on to the City of Frisco, Collin County, Texas, according to at recorded in Volume N, Page 869, Plat Records, Collin ty, Texas; and (g) All lots and tracts of land situated in Hunters Creek Phase 5, an Addition to the City of Frisco, Collin County, Texas, according to (h) (i) the Map/Plat recorded in Volume N, Page 640, Plat Records, Collin County, Texas; and All lots and tracts of land situated in Hunters Creek Phase 3, an Addition to the City of Frisco, Collin County, Texas, according to the Plat recorded in Cabinet M, Slide 546, Plat Records, Collin County, Texas, and Corrected by Correction of Plat ¢ecdyded in Volume 5138, Page 4512, Land Records, Collin County, ¥ Addition to the City of Frisco, Collin SRD} the Plat recorded in Cabinet N, Slide ‘ County, Texas.
Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 04/13/2022 03:28:40 PM $70.00 TBARNETT 202204 13000598400 fee kines