Document

Core OOmSseoisS After Recording Return To: Garrett Nordyke W&B Development .

3000 Illinois Avenue, Suite 100 Killeen, TX 76543 [email protected] DECLARATION OF COVENANTS, RESTRICTIONS residentin Ommunity known as Lake Pointe in Bell County, Texas and the operation of the Lake Pointe Residential Community, Inc.

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS LAKE POINTE TABLE OF CONTENTS ARTICLE 1 DEFINITIONS...

2 2.01 2.02 2.03 2.04 2.05 2.06 ARTICLE 2 USE RESTRICTIONS General..

Conceptual Plans.

Single-Family Residential Use.

Rentals.

Subdividing.

Hazardous Activities 2.07 Mining and Drilling 2.08 2.09 2.10 2.11 2.12 2.13 2.14 Antennas.

2.15 2.16 Signs 2.17 Flags - Approval Requirements..

2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.29 2.30 2.31 ARTICLE 3 Flags - Installation and Display Tanks.

Temporary Structures, Outbuildings, Sheds and Detached Buildings Unsightly Articles, Vehicles.

Basketball Goals; Permanent and Portable.

Compliance with Restrictions..

Liability of Owners for Damage to Common Area..

No Warranty of Enforceability.

Party Wall Fences.

No Tennis or Recreational Courts; Playscapes Decorations and Lighting.

Clotheslines; Window Air Conditioners.

Dumping Declarant and Homebuilder Exemption.

CONSTRUCTION RESTRICTIONS Unofficial Copy 5 6 Noise.

Animals - Household Pets Rubbish and Debris.

Trash Containers Maintenance.

Street Landscape Area-Owner's Obligation to Maintain Landscaping.

Location of Permitted Antennas 3.01 Approval for Construction 3.02 Plan Repetition.

8 8 8 ..9 9 9 10 10 11 11 11 12 12 13 14 14 14 15 15 16 16 16 17 17 17 18 18 18 18 18 i LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 3.03 Masonry Requirements 19 3.04 Minimum Square Footage..

19 3.05 Garages 19 3.06 Fences; Sidewalks.

19 3.07

7 17 17 18 18 18 18 18 i LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 3.03 Masonry Requirements 19 3.04 Minimum Square Footage..

19 3.05 Garages 19 3.06 Fences; Sidewalks.

19 3.07 Building Restrictions.

20 3.08 Alteration or Removal of Improvements.

20 3.09 Drainage 3.10 Construction Activities.

3.11 Roofing..

3.12 Swimming Pools.

3.13 Solar Energy Device.

3.14 Rainwater Harvesting Systems 3.15 Landscaping.

ARTICLE 4 LAKE POINTE RESIDENTIAL COMMUNITY, INC 4.01 Organization 4.02 Membership 4.03 Governance 4.04 Voting Rights 4.05 Powers 4.06 Acceptance of Common Area.

4.07 Indemnification 4.08 Insurance 4.09 Bulk Rate Contracts.

4.10 Community Systems.

4.11 4.12 4.13 4.14 Declarant's Right to Contribute to Revenues of the Association Protection of Declarant's Interests.

Administration of Common Area.

Notices and Disclaimers as to Security Systems.

ARTICLE 5 5.01 5.02 Restoration..

Mechanic's and Materialmen's Lien.

ARTICLE 6 COVENANT FOR ASSESSMENTS Maintenance Fund Regular Annual Assessments.

6.04 Working Capital Assessment Unofficial Copy 20 20 21 6.05 Special Assessments...

6.06 Individual Assessments 6.07 Amount of Assessment 6.08 Late Charges 24 24 24 25 25 26 29 29 30 30 31 31 31 31 31 32 32 33 33 34 34 34 34 35 36 36 36 37 ii LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 6.09 Owner's Personal Obligation; Interest.

6.10 Assessment Lien and Foreclosure....

6.11 Exempt Property 6.12 Fines and Damages Assessment ARTICLE 7 ARCHITECTURAL CONTROL COMMITTEE 7.01 Construction of Improvements.

7.02 Architectural Control Committee ARTICLE 8 MORTGAGE PROVISIONS...

8.01 Notice of Action.

8.02 Examination of Books 8.03 Taxes, Assessments and Charges.

ARTICLE 9 GENERAL PROVISIONS.

9.01 9.02 9.03 Term Eminent Domain Amendment 9.04 9.05

ICLE 8 MORTGAGE PROVISIONS...

8.01 Notice of Action.

8.02 Examination of Books 8.03 Taxes, Assessments and Charges.

ARTICLE 9 GENERAL PROVISIONS.

9.01 9.02 9.03 Term Eminent Domain Amendment 9.04 9.05 Enforcement.

9.06 Roadway and Utility Easements.

Higher Authority.

9.07 9.08 Severability.

Conflicts.

9.09 9.10 9.11 9.12 Gender Acceptance by Grantees Damage and Destruction No Partition..

9.13 Notices 9.14 View Impairment.

9.15 Safety and Security ARTICLE 10 EASEMENTS 10.01 10.02 Utility Easements Subdivision Entry and Fencing Easement.

Landscape and Monument Sign Easement Landscape Easement....

10.07 Drainage and Maintenance Easement.

10.08 Declarant as Attorney in Fact...

ARTICLE 11 DEVELOPMENT RIGHTS Unofficial Copy.

37 37 39 39 40 41 41 44 45 45 45 46 46 46 46 46 46 46 47 47 48 48 48 48 48 49 49 50 50 .50 ..50 .51 51 11.01 Development by Declarant 51 11.02 11.03 Special Declarant Rights.

Addition of Land 51 52 11.04 Withdrawal of Land.

52 iii LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 11.05 Assignment of Declarant’s Rights iV LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS LAKE POINTE This Declaration of Covenants, Conditions and Restrictions (the “Declaration”) is made by WBW DEVELOPMENT MANAGEMENT IIL, LLC, a Texas limited liability company (the “Declarant”), and is as follows: RECITALS: A. This Declaration is filed with respect to Lots 1 through 15, Bloc B. Declarant desires to create and carry a uniform plan for the development, improvement, and sale of the Property.

C. By the filing of this Declara subjected to the terms and provisions of this aad will inure to the benefit of each owner thereof; and (ii) ng the Property (or any portion thereof) will conclusively be .

y the filing of this Declara subjected to the terms and provisions of this aad will inure to the benefit of each owner thereof; and (ii) ng the Property (or any portion thereof) will conclusively be .

axgtion uses notes (text set apart in boxes) to illustrate concepts and assist the prg is a conflict between any note and the text of the Declaration, the text will =e LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ARTICLE 1 DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases .when used in this Declaration will have the meanings hereinafter specified: “Applicable Law” means the statutes and public laws and ordinances in effect at the time a provision of the Restrictions is applied, and pertaining to the subject matter,of the “Applicable Law” on the date of the Restrictions, and are not intended to apply to if they cease to be applicable by operation of law, or if they are replaced or sug or more other statutes or ordinances.

“Architectural Control Committee” or “ACC” means the co this Declaration to review and approve or deny plans fg wx Section 6.07(b).

sidential Community, Inc., a Texas non-profit ant to exercise the authority and assume the e services provided under Bulk Rate Contracts may include, without ion services, telecommunications services, internet access services, »s, security services, trash pick-up services, propane service, natural gas pintenance services, wastewater services, and any other services of any kind or “Bylaws” means the Bylaws of the Association as adopted and as amended from time to time by a Majority of the Board.

“Certificate” means the Certificate of Formation of the Association, filed in the Office of

means the Bylaws of the Association as adopted and as amended from time to time by a Majority of the Board.

“Certificate” means the Certificate of Formation of the Association, filed in the Office of the Secretary of State of Texas, as the same may be amended from time to time.

-2LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS “Common Area” means any property and facilities that the Association owns or in which it otherwise holds rights or obligations, including any property or facilities held by the Declarant for the benefit of the Association or its Members. Common Area includes any property that the Association holds under a lease, license, or any easement in favor of the Association.

“Community Manual” means the community manual, which may be initially adopted and recorded by the Declarant as part of the initial project documentation for the benefit Period. Upon expiration or termination of the Development Period, the may be amended by a Majority of the Board.

“Community Systems” means any and all cable alarm/monitoring, internet, telephone or other lines, cq safnplifiers, towers, antennae, satellite dishes, equipment, materials and installatit xtures (including those based on, containing and serving future technological advantes he known), if installed by Declarant pursuant to any grant of easement or aut by Dectarant within the Property.

“Declarant” means WBW DEVELOPMEN é EMENT III, LLC, a Texas limited liability company, its successors or assi i at "any assignment(s) of the rights of WBW DEVELOPMENT MANAGEMEN A Texas limited liability company, as Declarant, must be expressly set forth in wth Declarant enjoys speciahWg ANY eges to help protect its investment in the Property which are desdpiged ty “this~Declaration. Many of these rights do not

s Declarant, must be expressly set forth in wth Declarant enjoys speciahWg ANY eges to help protect its investment in the Property which are desdpiged ty “this~Declaration. Many of these rights do not the Property; or i instrument.

Development Period” means the period of time beginning on the date when this Declaration has been Recorded, and ending at such time as Declarant no longer owns any portion of the Property, unless earlier terminated by Declarant. Declarant may terminate the Development Period by an instrument executed by Declarant and Recorded. The Development Period is the period in which Declarant reserves the right to facilitate the development, -3LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS construction, and marketing of the Property, and the right to direct the size, shape and composition of the Property.

“Homebuilder” means an Owner (other than the Declarant) who acquires a Lot for the construction of a single family residence for resale to a third party.

“Improvement” means every structure and all appurtenances of every type and kind, whether temporary or permanent in nature, including, but not limited to, buj dings, outbuildings, storage sheds, patios, tennis courts, sport courts, recreational facilities, s pools, putting greens, garages, driveways, parking areas and/or facilities, stora sidewalks, fences, gates, screening walls, retaining walls, stairs, patios, de landscaping, mailboxes, poles, signs, antennae, exterior air conditioning eq exterior lighting fixtures, water softener fixtures or equipment, and pole reservoirs, pipes, lines, meters, antennas, towers and other facilities Asedw action with

ennae, exterior air conditioning eq exterior lighting fixtures, water softener fixtures or equipment, and pole reservoirs, pipes, lines, meters, antennas, towers and other facilities Asedw action with water, sewer, gas, electric, telephone, regular or cable televisiop;0 “Lot” means any portion of the Property designate aclarant or as shown as a subdivided Lot on a Plat other than Common Area.

“Majority” means more than half.

“Manager” has the meaning set for “Members” means every person o Association.

“Mortgage” or indebtedness and covering/ ahs a Recorded subdivision plat of any portion of the Property and any ame reto.

“Property” means Lots 1 through 15, Block 1 and Lots 1 through 27, Block 2; Lake Pointe, Phase I, a subdivision in Bell County, Texas, according to the plat Recorded in Cabinet D, Slide 368C, Plat Records of Bell County, Texas and Lots 1-24, Block 1; Lots 1-42, Block 2; Lots 1-15, Block 3; Lots 1-30, Block 4; Lots 1-30, Block 5; Lots 1-30, Block 6; Lots 1-42, Block 7; Lots 128, Block 8; Lots 1-48 and Tract A, Block 9; Lots 1-22, Block 10; Lots 1-24, Block 11 and Lots 1-12, -4LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Block 12, Lake Pointe, Phase II-A1, a subdivision in Bell County, Texas, according to the plat Recorded in Cabinet D, Slides 400B, 400C and 400D, Plat Records of Bell County, Texas, subject to such additions thereto and deletions therefrom as may be made pursuant to Section 11.03 and Section 11.04 of this Declaration.

“Record, Recording, Recordation and Recorded” means recorded or to be recorded in the Official Public Records of Bell County, Texas.

“Restrictions” means the restrictions, covenants, and conditions conte Declaration, the Design Guidelines, if adopted, Bylaws, Community Manua

ded in the Official Public Records of Bell County, Texas.

“Restrictions” means the restrictions, covenants, and conditions conte Declaration, the Design Guidelines, if adopted, Bylaws, Community Manua promulgated by the Board, as adopted and amended from time to time.

summary of the Restrictions.

“Rules” means any instrument, however Hemooning é instruments.

“Solar Energy Device” means a system or s& provide heating or cooling or to produce electriga transferring solar-generated energy. The term f iy, e has the ability to store solar-generated onkB of power.

oss TRICTIONS Declaration (Recorded) CANS is document and any amendments thereto.

echanical power by collecting and aNofechanical or chemical device that kéating or cooling or in the production ° Bylaws (Recorded) Governs the Association’s internal affairs, such as elections, meeting gs, etc.

.oneavan) y Man aL ( sah Establishes rules and policies governing the Association.

Resian Gules | Governs the design and architectural standards for the Recorded) \, construction of Improvements and modifications thereto.

er Regulates the use of property, activities, and conduct within i\ the Property.

Establishes rules, policies, and procedures for the Property, of the Agsoci Owners and the Association.

ARTICLE 2 USE RESTRICTIONS 254 LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS All of the Property shall be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following limitations and restrictions: 2.01 General.

(a) Conditions and Restrictions. All Lots within the Property will be owned, held, encumbered, leased, used, occupied and enjoyed subject to the Restrictions.

NOTICE

ns and restrictions: 2.01 General.

(a) Conditions and Restrictions. All Lots within the Property will be owned, held, encumbered, leased, used, occupied and enjoyed subject to the Restrictions.

NOTICE The Restrictions are subject to change from time to time. By owning or occupy Lot, you agree to remain in compliance with the Restrictions; 2 as they ma ange from time to time. d-~N (b) Ordinances. Ordinances and requirements imposed authorities are applicable to all Lots within the Property. Compli not a substitute for compliance with such ordinances and yégua the Restrictions do not purport to list or describe each or egulation which may be applicable to a Lot located within the Property. Each G advised to review all ordinances, requirements, regulations and encu 2 e use and improvement of their Lot prior to submitting plans to the ACC fox approval. Furthermore, approval by the ACC should not be construed by the Owner t and provisions of any ordinances, reagent affect the Owner’s Lot. Certain encunt addressed by the ACC.

benefit parties whose interests are not ma plans, site plans, brochures, illustrations, to the Property (collectively, the “Conceptual tended to be used for illustrative purposes only. The ed on the Conceptual Plans are subject to change at any concerning such land uses and Improvements shown on the therwise planned for the Property and it is expressly agreed and over many_years, and agrees that the Association will not engage in, or use Association funds to support, protest, challenge, or make any other form of objection to development of the Property or changes in the Conceptual Plans as they may be amended or modified from time to time.

2.03 Single-Family Residential Use . The Lots shall be used solely for single-family

evelopment of the Property or changes in the Conceptual Plans as they may be amended or modified from time to time.

2.03 Single-Family Residential Use . The Lots shall be used solely for single-family residential purposes. The Lots may not be used for any other purposes without the prior fs LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS written consent of the Declarant, which consent may be withheld by the Declarant in its sole and absolute discretion. No professional, business, or commercial activity to which the general public is invited shall be conducted on any portion of a Lot, except an Owner or Resident may conduct business activities within a residence so long as: (i) such activity complies with all the applicable zoning ordinances (if any); (ii) participation in the business activity is limited to the Owner(s) or Resident(s) of a residence; (iii) the existence or operation of the business activity is not apparent or detectable by sight, i.e., no sign may be erected advertising the business within the Property, sound, or smell from outside the residence; (iv) the business activity involve door-to-door solicitation of residents within the Property; (v) the business doe: the Board’s judgment, generate a level of vehicular or pedestrian traffic or a numb determined in the sole discretion of the Board; and (vii) 3 installation of any machinery other than that customary tq old operations. In addition, for the purpose of obtaining any business or com jal licgnge, neither the residence nor Lot will be considered open to the public. The te apd “trade”, as used in this provision, shall be construed to have their ordinar nerally accepted meanings and shall include, without limitation, any occupation, work, undertaken on an ongoing basis

e apd “trade”, as used in this provision, shall be construed to have their ordinar nerally accepted meanings and shall include, without limitation, any occupation, work, undertaken on an ongoing basis which involves the provision of goods or servi¢é other than the provider's family and for which the provider receives a regardless of whether: (x) such activity j ed_in full or part-time; (y) such activity is i is required.

this subsection. This subse¢ Homebuilder.

ant and/or its designees may construct and maintain upon portions of Area and any Lot owned by the Declarant such facilities and may conduct ent, or incidental to the construction or sale of single family residences cted upon the Lots, including, but not limited to, business offices, signs, model homes, and sales offices. Declarant and/or its designees shall have an easement over and across the Common Area for access and use of such facilities at no charge; and -7LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (ii) Declarant and/or its designees will have an access easement over and across the Common Area for the purpose of making, constructing and installing Improvements upon the Common Area.

2.04 Rentals. Nothing in this Declaration will prevent the rental of any Lot and the Improvements thereon by the Owner thereof for residential purposes; provided that: (i) all rentals must be for terms of at least six (6) months; and (ii) no portion of a Lot (other than the entire Lot) may be rented. All leases shall be in writing. Notice of any lease, together wjth such nte the lease upon default by the tenant in observing any provisions of the Restrg ee of whether or not expressed in the applicable lease, all Owners shall he-jeisitly “apid/severally of the tenant(s) of the provisions of the

t by the tenant in observing any provisions of the Restrg ee of whether or not expressed in the applicable lease, all Owners shall he-jeisitly “apid/severally of the tenant(s) of the provisions of the and the provisions of same shall be deemed express Section 2.04 shall also apply to assignments and rene 2.05 Subdividing. No Lot shall>be ided or subdivided, nor may any e be conveyed by the Owner thereof without the prior written approval of Owner thereof, Declarant may or other interests less than the ctivities may be conducted on or within the Property any portion of the Property which, in the opinion of the generality of the forego Property unless dt s while attended and in use for cooking purposes. No portion of the ed for the takeoff, storage, or landing of aircraft (including, without : Mining and Drilling. No portion of the Property may be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth. This provision will not be construed to prevent the excavation of rocks, stones, sand, gravel, aggregate, or earth or the storage of such material for use as fill provided that such activities are conducted in conjunction with the construction of Improvements and/or the development of the -8LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Property by the Declarant. Furthermore, this provision will not be interpreted to prevent the drilling of water wells approved in advance by the ACC which are required to provide water to all or any portion of the Property. All water wells must also be approved in advance by the ACC and any applicable regulatory authority.

ed in advance by the ACC which are required to provide water to all or any portion of the Property. All water wells must also be approved in advance by the ACC and any applicable regulatory authority.

2.08 Noise. No exterior speakers, horns, whistles, bells, or other sound devices (other than security devices used exclusively for security purposes) shall be located, used, or placed on any of the Property. No noise or other nuisance shall be permitted to exist or operate upgn any enter any such Improvement and take such reasonable actions necessary to te (including silencing any burglar or break-in alarm).

fowl, wild animals, horses, cattle, sheep, goats, or any other a domestic household pet within the ordinary meaning and -traditiOnatpets such pot-bellied pigs, monkeys, chickens or other exotic animals). The Board may conclusively determine iscretion, whether a particular pet is a domestic household pet within the or allowed on the Property othe associated therewith, unle areas on the Property. Nea hire or remuneration on be stabled, maintained, kept, cared for, or boarded for and no kennels or breeding operation will be allowed.

sat large, and all animals must be kept within enclosed areas and reasonably free of refuse, insects, and waste at all times. No yards, porches or other outside area. All pet waste will be as required by Applicable Law. If, in the opinion of the Board, any pet nreasonable annoyance to others, or the owner of the pet fails or refuses to gse restrictions, the Owner, upon written notice, may be required to remove the 2.10 Rubbish and Debris. As determined by the Board, no rubbish or debris of any kind may be placed or permitted to accumulate on or within the Property, and no odors will be

be required to remove the 2.10 Rubbish and Debris. As determined by the Board, no rubbish or debris of any kind may be placed or permitted to accumulate on or within the Property, and no odors will be permitted to arise therefrom so as to render all or any portion of the Property unsanitary, unsightly, offensive, or detrimental to any other property or Residents. Refuse, garbage, and -9LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS trash must be kept at all times in covered containers, and such containers must be kept within enclosed structures or appropriately screened from view. Each Owner will contract with an independent disposal service to collect all garbage or other wastes, if such service is not provided by a governmental entity or the Association. | 2.11 Trash Containers. Trash containers and recycling bins must be stored in one of the following locations: (a) inside the garage of the single-family residence constructed on the Lot; o manner that the trash container and recycling bin is not visible from a adjacent Lot.

The Board shall have the right to specify additional locati which trash containers or recycling bins must be stored.

2.12 Maintenance. The Owners of each Lot shall foiktly and geverally have the duty and responsibility, at their sole cost and expense, at and all inipuéwements thereon in good condition and repair and in a condition at all times. The Board, in its sole discrgtte determine wtrether a violation of the maintenance obligations set forth in fhis as occurred. Such maintenance includes, but is not limited to the followit> mi determined by the Board, in its sole discretiqns Prompt removal Lawn mowi aS Tree and sh Keeping sidewalks and driveways in good repair.

Complying with Applicable Law.

Repainting of Improvements.

> mi determined by the Board, in its sole discretiqns Prompt removal Lawn mowi aS Tree and sh Keeping sidewalks and driveways in good repair.

Complying with Applicable Law.

Repainting of Improvements.

-10LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (xi) | Repair of exterior damage, and wear and tear to Improvements.

2.13 Street Landscape Area-Owner’s Obligation to Maintain Landscaping. Each Owner will be responsible, at such Owner's sole cost and expense, for maintaining, mowing, replacing, pruning, and irrigating the landscaping between the boundary of such Owner’s Lot and the curb of any adjacent right-of-way, street or alley (the “ST Landscape Area”) unless the responsibility for maintaining the ST Landscape Area is performed by the Association.

2.14 Antennas. Except as expressly provided below, no exterior radio or téeleYision antennae or aerial or satellite dish or disc, shall be erected, maintained or plac Lot | without the prior written approval of the ACC; provided, however, that: satellite services, that is one meter or less in diameter; or (ii) an antenna designed to receive video progy4 distribution services, including multi-channel multipoint television fixed services, and local multipoint distribution s& diameter or diagonal measurement; or (iii) an antenna that is designed to receive te r radio broadcast signals; (collectively, (i) through (iii) are refer 2 e “Permitted Antennas”) will be rules adopted by the ACC, consistent Pp i as viewed from streets and ex upon any street, Common Area, or any other portion a shall be installed in a ineahion on the Lot from which an . > order of preference, the locations of a Permitted Antenna

viewed from streets and ex upon any street, Common Area, or any other portion a shall be installed in a ineahion on the Lot from which an . > order of preference, the locations of a Permitted Antenna sf visible by the ACC are as follows: Attached to the side of the principal single-family residence constructed on the Lot, with no part of the Permitted Antenna any higher than the lowest point of the roofline and screened from view of adjacent Lots and the street.

The ACC may, from time to time, modify, amend, or supplement the rules regarding installation and placement of Permitted Antennas.

-11LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Satellite dishes one meter or less in diameter, e.g., DirecTV or Dish satellite dishes, are permitted, HOWEVER, you are required to comply with the rules regarding installation and placement. These Rules may be modified by the ACC from time to time. Please contact the ACC for the current rules regarding installation and lacement, 2.16 Signs. Unless otherwise prohibited by Applicable Law, no sign of any kind may be displayed to the public view on any Lot without the prior written approval of the ACC, except for: (i) signs which are permitted pursuant to the Design Guidelines or the (ii) signs which are part of Declarant’s or Homebuilder’s overall & akcere construction plans or activities for the Property; (iii) | one (1) temporary “For Sale” or “For Lease” sign be limited to a maximum face area of five (5) square fee (iv) political signs may be erected provide 90» day before the date of the election to vtec 10 day after the date of the election to whic one sign may be erected for each candi item. In addition, signs which include any

s may be erected provide 90» day before the date of the election to vtec 10 day after the date of the election to whic one sign may be erected for each candi item. In addition, signs which include any of the components or characteri describe ection 202.009(c) of the Texas Property Code are prohibited; <S i beequirsd’by legal proceedings or a governmental entity; roval Requirements. An Owner is permitted to display the flag of the United States of America, the flag of the State of Texas, or an official or replica flag of any branch of the United States Military (“Permitted Flag”) and permitted to install a flagpole no more than five feet (5’) in length affixed to the front of a residence near the principal entry or affixed to the rear of a residence (“Permitted Flagpole”). Only two (2) permitted Flagpoles are allowed per residence. A Permitted Flag or Permitted Flagpole need not be approved in -12LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS advance by the ACC. Approval by the ACC is required prior to installing vertical freestanding flagpoles installed in the front or back yard area of any Lot (“Freestanding Flagpole”). To obtain ACC approval of any Freestanding Flagpole, the Owner shall provide the ACC with the following information: (a) the location of the Freestanding Flagpole to be installed on the Lot; (b) the type of Freestanding Flagpole to be installed; (c) the dimensions of the Freestanding Flagpole; and (d) the proposed materials of the Freestanding Flagpole (the “Flagpole Application”). A Flagpole Application may only be submitted by an Owner. The Flagpole Application shall be submitted in accordance with the provisions of Article 7 of this Declatation.

2.18 Flags — Installation and Display. Unless otherwise approved in ad in

d by an Owner. The Flagpole Application shall be submitted in accordance with the provisions of Article 7 of this Declatation.

2.18 Flags — Installation and Display. Unless otherwise approved in ad in writing by the ACC, Permitted Flags, Permitted Flagpoles and Freestanding Flagpole (i) No more than one (1) Freestanding Flagpole OR no moré displayed; (ii) | Any Permitted Flagpole must be no longer tha Freestanding Flagpole must be no mog gt (5') in length and any € (20') in height (iii) | Any Permitted Flag displayed on a height by five feet in width Y3®); i ay not be more than three feet in (iv) 6n Common Area or any Lot which is by a Homebuilder, the flag of the United rmitted Flag, Permitted Flagpole and Freestanding Flagpole must be aintained in good condition and any deteriorated Permitted Flag or deteriorated or structurally unsafe Permitted Flagpole or Freestanding Flagpole must be repaired, replaced or removed; -13LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (viii) A Permitted Flag may be illuminated by no more than one (1) halogen landscaping light of low beam intensity which shall not be aimed towards or directly affect any neighboring Lot; and (ix) | Any external halyard of a Permitted Flagpole or Freestanding Flagpole must be secured so as to reduce or eliminate noise from flapping against the metal of the Permitted Flagpole or Freestanding Flagpole.

The requirements of this Section 2.18 shall not apply to any flag or flagpole eré the Declarant.

2.19 Tanks. The ACC must approve any tank used or proposed ino residence, including tanks for storage of fuel, water, oil, or LPG, and including shack, or other temporary building, Improvement tructure shall be placed - upon tha

rove any tank used or proposed ino residence, including tanks for storage of fuel, water, oil, or LPG, and including shack, or other temporary building, Improvement tructure shall be placed - upon tha Property without the prior written approval of the“7AC&; Provided, however, that temporary structures necessary for storage of tools ne; fat, antfor office space for Homebuilders, architects, and foremen during actual constfyeti Xo) b € maintained with the prior approval of Declarant, approval to include the na ation, and location of such structure. No i imited to, detached garages and storage e-the installation or construction of the building; (b) such building is compatib ing to which it is appurtenant in terms of its design and material composition; 5 consistent with the existtag \Npaiqt and roofing materials of the dwelling to which it is ay’ 200 square feet of floor space; and (i) the building shall not be pr maintained within five feet (5’) of the rear property line of a Lot or within e side property line of a Lot. In addition, the Owner is required to comply with g governmental requirements, including, without limitation, any necessary 2.21 Unsightly Articles; Vehicles. No article deemed to be unsightly by the Board will be permitted to remain on any Lot so as to be visible from adjoining property or from public or private thoroughfares. Without limiting the generality of the foregoing, trailers, graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, motor -14LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS scooters, all-terrain vehicles and garden and lawn maintenance equipment must be kept at all times except when in actual use, in enclosed structures or screened from view and no repair or

RESTRICTIONS scooters, all-terrain vehicles and garden and lawn maintenance equipment must be kept at all times except when in actual use, in enclosed structures or screened from view and no repair or maintenance work may be done on any of the foregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structures. Service areas, storage areas, compost piles and facilities for hanging, drying or airing clothing or household fabrics must be appropriately screened from view, and no lumber, grass, plant waste, shrub or tree clippings, metals, bulk materials, scrap, refuse or trash must be kept, stored, or allowed to accumulate on any portion of the Property except within enclosed structures or appropxiately © screened from view. No: (i) racing wehiales or (ii) other vehicles (including, ville limita garages; and (b) behind a fence so as to not be visible from 4 prohibited; provided, construction, service and delivery provision for such period of time as is reasonably delivery to a residence.

Mobile homes are prohibited. Notwithst4 temporary structures installed by the Delran permitted.

rtable. Permanent basketball goals are not permitted within the Property, asKefball goals, when not in use, must be located so Lot, tenants, and the/g vitees, and licensees of the preceding shall comply strictly with the provisions o Ons as the same may be amended from time to time. Failure to comply with ay estrictions shall constitute a violation of the Restrictions and may result i @ agai e Owner in accordance with Section 6.12 of this Declaration, and shall give ®,of action to recover sums due for damages or injunctive relief, or both m e Declarant, the Board on behalf of the Association, the ACC, or by an

with Section 6.12 of this Declaration, and shall give ®,of action to recover sums due for damages or injunctive relief, or both m e Declarant, the Board on behalf of the Association, the ACC, or by an aggre ger. Without limiting any rights or powers of the Association, the Board may (but shaH-ndt be obligated to) remedy or attempt to remedy any violation of any of the provisions of Restrictions, and the Owner whose violation has been so remedied shall be personally liable to the Association for all costs and expenses of effecting (or attempting to effect) such remedy. If such Owner fails to pay such costs and expenses upon demand by the Association, such costs and expenses (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-15LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS half percent (1-1/2%) per month) shall be assessed against and chargeable to the Owner's Lot(s).

Any such amounts assessed and chargeable against a Lot shall be secured by the liens reserved in this Declaration for Assessments and may be collected by any means provided in this Declaration for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner’s Lot(s). Each such Owner shall indemnify and hold harmless the Association and its officers, directors, employees and agents from any cost, loss, damage, expense, liability, claim or cause of action incurred or that may arise by reason of the Association’s acts or activities under this Section 2.23 (including any cost, loss, expense, liability, claim or cause of action arising out of the Association’s negli ondu negligence” as used herein does not include simple negligence, contribu Koei) or

.23 (including any cost, loss, expense, liability, claim or cause of action arising out of the Association’s negli ondu negligence” as used herein does not include simple negligence, contribu Koei) or alter, modify, add to or otherwise perform any work upon tk written approval of the Board. Each Owner shall be liabl ed thereon; or (ii) any of which has been assumed by the Association, which damages were caused by the neglec use or negligence of such Owner or or Resident. The full cost of all repairs hu e@ shall be an Individual Assessment against such Owner's Lot, secured by a lie ainstSach Owner’s Lot and collectable in the as to the present or future DNeiyeeability of the Restrictions. Any Owner acquiring a Lot in reliance on one or strictions shall assume all risks of the validity and @ the Lot, agrees to hold Declarant harmless therefrom.

he We nm, the Party Wall is nevertheless deemed to be on the dividing line for purposes of this Section 2.26. Each Lot sharing a Party Wall is subject to an easement for the existence and continuance of any encroachment by the Party Wall as a result of construction, repair, shifting, settlement, or movement in any portion of the Party Wall, so that the encroachment may remain undisturbed as long as the Party Wall stands. Each Lot is subject to a reciprocal easement for the maintenance, repair, replacement, or reconstruction of the Party Wall.

-16LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (b) Right to Repair. If the Party Wall is damaged or destroyed from any cause, the Owner of either Lot may repair or rebuild the Party Wall to its previous condition, and the Owners of both Lots, their successors and assigns, have the right to the full use of the repaired or rebuilt Party Wall.

her Lot may repair or rebuild the Party Wall to its previous condition, and the Owners of both Lots, their successors and assigns, have the right to the full use of the repaired or rebuilt Party Wall.

(c) Maintenance Costs. The Owners of the adjoining Lots share equally the costs of repair, reconstruction, or replacement of the Party Wall, subject to the right of one Owner to call for larger contribution from the other under any rule of law regarding liabjkty for negligence or willful acts or omissions. If an Owner is responsible for damage \ destruction of the Party Wall, that Owner will bear the entire cos Texas, and has the right to foreclose the lien as if it were a mechani an Owner to require contribution from another Ow, appurtenant to the Lot and passes to the Owner's succeésfrs in tale (d) Alterations. The Owner of a Lot sharing a ay not cut openings in the Party Wall or alter or change the Party Wall i mann affects the use, condition, or appearance of the Party Wall to the adjoining L e Party Wall will always remain in the same location as when erected unless otW¢ oved by the Owner of each Lot sharing the Party Wall and the ACC. © apes. No tennis, recreational or sport courts shall be constructed on filessaxpressly approved by the ACC. The ACC may prohibit the installation of a ational or sport court on any Lot. Playscapes or any similar recreational faciliti ofistructed on any Lot without the advance written approval of the ACC. prohibit the installation of playscapes or similar recreational facilities on a hall be placed on the residence or on the front yard or on any other visible from any street, unless such specific items have been approved C. Customary seasonal decorations for holidays are permitted without

placed on the residence or on the front yard or on any other visible from any street, unless such specific items have been approved C. Customary seasonal decorations for holidays are permitted without xs-riot to affect or reflect into surrounding residences or yards. No mercury vapor, sodium or halogen light shall be installed on any Lot which is visible from any street unless otherwise approved by the ACC.

2.29 Clotheslines; Window Air Conditioners. No clotheslines and no outdoor clothes drying or hanging shall be permitted within the Property, nor shall anything be hung, -17LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS painted or displayed on the outside of the windows (or inside, if visible from the outside) or placed on the outside walls or outside surfaces of doors of any of the residence, and no awnings, canopies or shutters (except for those heretofore or hereinafter installed by Declarant or a Homebuilder) shall be affixed or placed upon the exterior walls or roofs of residences, or any part thereof, nor relocated or extended, without the prior written consent of the ACC.

Window air conditioners are prohibited.

2.30 Dumping. No portion of the Property shall be used or maintained as a dumping Declarant (in connection with its construction) or by the Board, provided tha¢ are kept in sanitary containers in a clean and sanitary condition. Ownerg 2.31 Declarant and Homebuilder Exemption.

from performing such work as may be necessary e develop construction of Improvements thereon. The restrictio this Article shall not be binding on k required in order to complete CONST STRICTIONS Unless prosecuted by the Declarant, no 3.02 Plan LoS “The ACC may, in its sole and absolute discretion, deny a plan

his Article shall not be binding on k required in order to complete CONST STRICTIONS Unless prosecuted by the Declarant, no 3.02 Plan LoS “The ACC may, in its sole and absolute discretion, deny a plan or elevation pro ef fhe a/pArticular Lot if a substantially similar plan or elevation exists on a Lot in close pr, ythe Lot on which the plan or elevation is proposed.

elevation can be repeated every third Lot (example: Elevation A, Elevation B, Elevation levation A).

Elevation Elevation Elevation Elevation Ss, AG -18LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 3.03 Masonry Requirements. Unless otherwise provided below in this Section 3.03 or approved in advance and in writing by the ACC, (i) the exposed surface of the exterior walls of the first floor of the residence on each Lot shall be constructed of seventy-five percent (75%) masonry, exclusive of roofs, eaves, soffits, windows, gables, doors, trim work, porches.

Notwithstanding the foregoing, on Lots 1-27, Block 2, Lake Pointe Phase I, a subdivision in Bell County, Texas, according to the plat Recorded in Cabinet D, Slide 368C, Plat Records of Bell County, Texas and Lot 1 and 24, Block 1; Lots 21-22, Block 2; Lots 15-16, Block 4; Lots 15-16, Block 5; Lots 15-16, Block 6; Lots 21-22, Block 7; Lot 1 and Lots 24-28, Block 8; Lots 1-11 aff 25-26, Block 9; Lot 1 and Lot 22, Block 10; and Lot 1 and Lot 24, Block 11, Lake Pointe walls of the first and second floor of each primary residence facing Lake Poi View Road (the “Primary Streets”) shall be constructed of ninety pe exclusive of roofs, eaves, soffits, windows, gables, doors, trim work, 3.04 Minimum Square Footage. Unless other writing by the ACC, the minimum living square footage for ea

e constructed of ninety pe exclusive of roofs, eaves, soffits, windows, gables, doors, trim work, 3.04 Minimum Square Footage. Unless other writing by the ACC, the minimum living square footage for ea screened porches, terraces, patios, decks, drivewa d garages, is one thousand and one hundred (1,100) square feet.

3.05 Garages. Each residence ceftru not less than two (2) automobiles. The locafjot which preclude its use for thé enclosed or otherwise use Additionally, fences adjacent to the Primary Streets shall (i) have turn points and property corners and (ii) be supported using earer to the street than the front elevation of the residence constructed for fences erected in conjunction with the model homes or sales offices.

way. Thé-ACC will have the sole discretion to determine the front elevation of the residence and the proximity to Lake Pointe Drive for the purpose of this Section 3.06. Fences constructed on corner lots may be installed one (1) foot from the sidewalk and/or curb along the side yard adjacent to the street provided that such fencing complies with Applicable Law. All perimeter fences (except for those heretofore or hereinafter installed by Declarant) must be approved in -19LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS advance by the ACC. All fencing shall substantially match the character of Homebuilder installed fences, as reasonably determined by the ACC. If required by the Plat, the Owner of each Lot shall construct, at such Owner's sole cost and expense and prior to occupying any Improvement, a sidewalk on such Owner's Lot, located and designed in conformance with the Plat. In the event of any dispute or disagreement as to the location of a fence on a Lot, the

to occupying any Improvement, a sidewalk on such Owner's Lot, located and designed in conformance with the Plat. In the event of any dispute or disagreement as to the location of a fence on a Lot, the decision of the ACC, in its sole and absolute discretion, will be final. Fencing of front yards and solid walls enclosing an entire site are not permitted. Chain link and agricultural fences may not be installed or maintained on a Lot. Once any Lot that contains a model home is cefiveyed from either the Declarant or a Homebuilder to an Owner, the fencing on such Lat t be modified to meet the fencing restrictions of this Section.

3.07 Building Restrictions. All building materials must be appraveé {in y the ACC, and only new building materials shall be used for constructing-an\ linprdvements.

All projections from a residence or other structure, including but not ey flues, vents, gutters, downspouts, utility boxes, porches, railings ane ri ust, unless otherwise approved by the ACC, match the color of the s ielf they project. No highly reflective finishes (other than glass, which may not be all be used on exterior surfaces (other than surfaces of hardware fixtures), j limitation, the exterior maintenance, which in any way alters tie rf pearance of any Improvement, or the removal of any Improvement shall be perf ACC.

3.09 Drainage. They Y, Kb intgrference with the established drainage patterns . ; except by Declarant, unless adequate provision is ®, rowjéion is approved in advance by the ACC. Specifically, of Improvements ax Owner (including Declarant or a Homebuilder) upon or within the Property. i hy, no such construction activities will be deemed to constitute a nuisance or a i e Restrictions by reason of noise, dust, presence of vehicles or construction

builder) upon or within the Property. i hy, no such construction activities will be deemed to constitute a nuisance or a i e Restrictions by reason of noise, dust, presence of vehicles or construction machk ting of signs or similar activities, provided that such construction is pursued to completior-With reasonable diligence and conforms to usual construction practices in the area.

In the event that construction upon any Lot does not conform to usual practices in the area as determined by the ACC in its sole and reasonable judgment, the ACC will have the authority to seek an injunction to stop such construction. In addition, if during the course of construction upon any Lot there is excessive accumulation of debris of any kind which would render the Lot or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or any other portion -20LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS of the Property, then the ACC may contract for or cause such debris to be removed, and the Owner of the Lot will be liable for all reasonable expenses incurred in connection therewith.

3.11 Roofing. The roof pitch of dormers, porches and other similar accessory structures attached to the primary residence shall be exempt from this requirement, but nonetheless subject to approval by the ACC. The roofs of all buildings shall be constructed or covered with fiberglass or dimensional shingles of a weathered wood color or other color approved by the ACC with a minimum 30 year manufacturer’s guarantee. Any otherAype of roofing material shall be permitted only with the advance written approval of the A Roofing” means shingles that are designed primarily to: (i) be wind and provide heating and cooling efficiencies greater than those provided by-e

mitted only with the advance written approval of the A Roofing” means shingles that are designed primarily to: (i) be wind and provide heating and cooling efficiencies greater than those provided by-e durable than, and are of equal or superior quality to, the shing!

for use within the community; and (iii) match the a who desires to install Energy Efficient Roofing will Be review and approval procedures set forth the Re In conjunction with any such 2h will enable the ACC to confirm the criteria set forth in this Section 3.11. other ds gf roofing material shall be permitted only with the advance written approval of th g’pool constructed on a Lot must be enclosed ely surrounding the swimming pool which, at a with a fence or other enclosu Q minimum, satisfies all Applicable Nothing in this Section 3.12 is intended or shall be ect Yr O s obligation to comply with any Applicable Law y requirements. Above-ground or temporary swimming 3.12 Swimming Pools’ y (a) Application. To obtain ACC approval of a Solar Energy Device, the Owner shall provide the ACC with the following information: (i) the proposed installation location of the Solar Energy Device; and (ii) a description of the Solar Energy Device, including the dimensions, manufacturer, and photograph or other accurate depiction (the “Solar Application”). A Solar Application may only be submitted by an Owner. The Solar -21LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Application shall be submitted in accordance with the provisions of Article 7 of this Declaration.

(b) Approval Process. The ACC will review the Solar Application in accordance with the terms and provisions of Article 7 of this Declaration. The ACC will approve a Solar

rticle 7 of this Declaration.

(b) Approval Process. The ACC will review the Solar Application in accordance with the terms and provisions of Article 7 of this Declaration. The ACC will approve a Solar Energy Device if the Solar Application complies with Section 3.13(c) below UNLESS the ACC makes a written determination that placement of the Solar Energy Device, despite compliance with Section 3.13(c), will create a condition that substantially interferes yajth the approved in advance and in writing by the Board, and thé Section 3.13 when considering any such request.

(c) Approval Conditions. Unless otherwise appré ' the ACC, each Solar Application and each Solar y Devite therewith must comply with the following: (i) etermined by using a publicly available modeling tool ational Renewable Energy Laboratory, by more than 10 bmit information to the ACC which demonstrates that the Owner’s oposed location meets the foregoing criteria. If the Solar Energy Device will be located in the fenced area of the Owner’s Lot or patio, no portion of the Solar Energy Device may extend above the fence line.

(ii) If the Solar Energy Device is mounted on the roof of the principal residence located on the Owner's Lot, then: (a) the Solar Energy Device may not extend higher than or beyond the roofline; (b) the Solar Energy Device must conform to the slope of the roof and the top edge of the Solar Device must be parallel to the roofline; (c) the frame, support brackets, or -22LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS visible piping or wiring associated with the Solar Energy Device must be silver, bronze or black.

3.14 Rainwater Harvesting Systems. Rain barrels or rainwater harvesting systems (a

NS AND RESTRICTIONS visible piping or wiring associated with the Solar Energy Device must be silver, bronze or black.

3.14 Rainwater Harvesting Systems. Rain barrels or rainwater harvesting systems (a “Rainwater Harvesting System”) may be installed with the advance written approval of the ACC.

location of the Rainwater Harvesting System; and (b) a description of Harvesting System, including the color, dimensions, manufacturer, and pho be submitted by an Owner.

(b) Approval Process. The decision of the ACC q Article 7 of this Declaration. Any proposal to install 2 ésting System on on by Members of the (c) Approval Conditions. Unless othew ved in advance and in writing by the ACC, each Rain System Applica water Harvesting System to be (i) inwa mds System must be consistent with the color (ii) (iii) ainwater Harvesting System is in no event located between the f the residence constructed on the Owner’s Lot and any adjoining djacent street.

There is sufficient area on the Owner’s Lot to install the Rainwater Harvesting System, as reasonably determined by the ACC.

Guidelines. If the Rainwater Harvesting System will be installed on or within the side yard of a Lot, or would otherwise be visible from a street, the Common Area, or another Owner's Lot, the ACC may regulate the size, type, shielding of, and materials used in the construction of the Rainwater Harvesting System. Accordingly, when submitting a Rain System Application, the application should describe methods proposed by the Owner to -23LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS shield the Rainwater Harvesting System from the view of. any street, Common Area, or another Owner's Lot. | When reviewing a Rain System Application for a Rainwater

ENANTS, CONDITIONS AND RESTRICTIONS shield the Rainwater Harvesting System from the view of. any street, Common Area, or another Owner's Lot. | When reviewing a Rain System Application for a Rainwater ‘Harvesting System that will be installed on or within the side yard of a Lot, or would otherwise be visible from a street, the Common Area, or another Owner's Lot, any additional requirements imposed by the ACC to regulate the size, type, shielding of, and materials used in the construction of the Rainwater Harvesting System, may not prohibit the economic installation of the Rainwater Harvesting System, as reasonably determined by the ACC.

sodded yard where visible from the street and (ii) at least one hardwood sha@e hardwood shade tree required by this Section 3.15 shall be no smaller in size # ARTICLE 4 LAKE POINTE RESIDENTIAL COMMUNITY, created for the of a Texas non-profit 4.01 Organization. The Association will be a no purposes, charged with the duties, and vested with t corporation. Neither the Certificate nor Bylaws will for an} changed or interpreted so as to be inconsistent with Declara ¢ amended or otherwise 4.02 Membership.

(a) pérson or entity, upon becoming an Owner, will automatically become aM me fhe Association. Membership will be appurtenant to and will run with the 6wrrergkip of the Lot that qualifies the Owner thereof for membership, and membershi\ pia be Severed from the ownership of the Lot, or in any right and ea eh} peep ot in and to all of the Coommaras Area and an access easement by t h Common Area, which easements will be appurtenant to and will pass with i uc ember’s Lot, subject to the following restrictions and reservations: ) The right of the Declarant to cause such Improvements and features to be

easements will be appurtenant to and will pass with i uc ember’s Lot, subject to the following restrictions and reservations: ) The right of the Declarant to cause such Improvements and features to be constructed upon the Common Area, as determined from time to time by the Declarant, in the Declarant’s sole and absolute discretion; (ii) The right of the Association to suspend the Member’s right to use the Common Area for any period during which any Assessment against such Member’s Lot remains past due and for any period during which such member is in violation of any provision of this Declaration; -24LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (iii) The right of the Declarant, during the Development Period, and the Board thereafter, to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for any purpose; (iv) The right of the Declarant, during the Development Period, and the Board thereafter, to grant easements or licenses over and across the Common Area; (v) | With the advance written approval of the Declarant du Development Period, the right of the Board to borrow mg purpose of improving the Common Area and, in furtéTa (vii) The right of the Association to contrac on such terms as the Associati 4.03 annual meeting of the Association, or ,at a Notwithstanding the foregoing giovisiorat Declarant will have the sole right to appoi 10 anniversary of the date this Decla of the date this Declaration i eting called for such purpose.

in this Declaration to the contrary, ation for the purpose of electing one-third of the eeting”), which Board member(s) must be elected by The Owner of each Lot will have one (1) vote for each Lot so owned.

s Declaration to the contrary, ation for the purpose of electing one-third of the eeting”), which Board member(s) must be elected by The Owner of each Lot will have one (1) vote for each Lot so owned.

In addition to the votes to which Declarant is entitled by reason of Section 4.04(1), for every one (1) vote outstanding in favor of any other person or entity, Declarant will have four (4) additional votes until the expiration or termination of the Development Period.

-25LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS When more than one person or entity owns a portion of the fee simple interest in any Lot, all such persons or entities will be Members. The vote or votes (or fraction thereof) for such Lot will be exercised by the person so designated in writing to the Secretary of the Association by the Owner of such Lot, and in no event will the vote for such Lot exceed the total votes to which such Lot is otherwise entitled under this Section 4.04.

4.05 Powers. The Association will have the powers of a Texas nonprofit corperation.

preceding sentences, the Board, acting on behalf of the Association, will powers at all times: al-dnd re-enact, such rules, regulations, Bylaws and Community Manual not i i this Declaration, as it deems proper, covering any and all aspects of the e cluding the operation, Any Rules, and any Period.

ain in effect, policies of insurance that, in the opinion of the Board, gagonak cessary or appropriate to carry out the Association’s functions.

make such books and inspection by the Qw Right of Entry and Enforcement. To enter at any time without notice in y (or in the case of a non-emergency, after twenty-four (24) hours written out being liable to any Owner or Resident, upon any Lot and into any

and Enforcement. To enter at any time without notice in y (or in the case of a non-emergency, after twenty-four (24) hours written out being liable to any Owner or Resident, upon any Lot and into any Improvement thereon for the purpose of enforcing the Restrictions or for the purpose of maintaining or repairing any area, Improvement or other facility to conform to the Restrictions. The expense incurred by the Association in connection with the entry upon any Lot and the maintenance and repair work conducted thereon or therein will be a personal obligation of the Owner of the Lot so entered, will be deemed an Individual Assessment -26LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS against such Lot, will be secured by a lien upon such Lot, and will be enforced in the same manner and to the same extent as provided in Article 6 hereof for Assessments. The Association will have the power and authority from time to time, in its own name and on its own behalf, or in the name of and on behalf of any Owner who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the Restrictions. The Association is also authorized to settle claims, enforce liens and take all such action as it may deem necessary or expedient to enforce the Restrictions; provided, however, that thé before a judicial order authorizing such action has been obtained by & before the written consent of the Owner(s) of the affected Lot(s) hash€ée SUCH OWNER AND RESIDENT WILL INDEMNIFY AND ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPIA ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY,/CLAIM A INCURRED OR THAT MAY ARISE BY REASON OF AS IATION’S ACTS OR

e SUCH OWNER AND RESIDENT WILL INDEMNIFY AND ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPIA ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY,/CLAIM A INCURRED OR THAT MAY ARISE BY REASON OF AS IATION’S ACTS OR ACTIVITIES UNDER THIS SECTION 4.05(e) NY COST, EXPENSE, G OUT OF THE ASSOCIATION’S NEGLIGENCE IN CONNECTION THEREW. EPT FOR SUCH COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAI REASON OF THE ASSOCIATION MISCONDUCT. “GROSS NEG DOES NOT INCLUDE SIMPLE NEGLIGENCE, CONTRIBUTORY PCE OR SIMILAR NEGLIGENCE SHORT OF ACTUAL GROSS NEG Q ing Services. To retain and pay for legal and accounting services nece Ae Peeper in the operation of the Association.

pst, including fee title, leasehold estates, easements, rights-of-way on, over, or under any Common Area for the purpose of Parks, parkways or other recreational facilities or structures; (ii) Roads, streets, sidewalks, signs, street lights, walks, driveways, trails and paths; (iii) Lines, cables, wires, conduits, pipelines or other devices for utility purposes; -27LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (iv) Sewers, water systems, storm water drainage systems, sprinkler systems and pipelines; and/or (v) Any similar Improvements or facilities.

Nothing set forth above, however, will be construed to permit use or occupancy of any Improvement or other facility in a way that would violate applicable use and occupancy restrictions imposed by the Restrictions or by Applicable Law. In addition, until expiration or termination of the Development Period, any grant or conveyan der this Section 4.05(g) must be approved in advance and in writing by the Declaran: (h) Manager. To retain and pay for the services of a pg Manager. Each contract entered into between the Assé terminable by the Association without cause upon six

dvance and in writing by the Declaran: (h) Manager. To retain and pay for the services of a pg Manager. Each contract entered into between the Assé terminable by the Association without cause upon six Manager. .To the extent penmitted by me Law, * qdditiorthe-Board may adopt transfer fees, resale certificate fees or any other fees associated with the provision of management services to the Association or its Members. k ASSOCIATION AND THE MEMBE F THY BOARD AND COMMITTEE MEMBERS FROM LIABILITY FOR ANY O : IMPROPER EXERCISE BY THE MANAGER OF ANY SUCH DUTY, NCTION SO DELEGATED.

any portion of the De on Area, private or public recreational facilities, easements, roads, roa , signs, parks, parkways, median strips, grvices and Properties. To obtain and pay for any other property any other taxes or assessments that the Association or the Board is (k) Construction on Common Area. To construct new Improvements or © any property owned, leased, or licensed by the Association, subject to the approval of the Board and the Declarant until expiration or termination of the Development Period.

(1) Contracts. To enter into Bulk Rate Contracts or other contracts or licenses with Declarant or any third party on such terms and provisions as the Board will determine, -28LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS to operate and maintain any Common Area or other property, or to provide any service, including but not limited to cable, utility, or telecommunication services, or perform any function on behalf of Declarant, the Board, the Association, or the Members. During the Development Period, all Bulk Rate Contracts must be approved in advance and in writing by the Declarant.

(m) Property Ownership. To acquire, own and dispose of all manner of real

e Members. During the Development Period, all Bulk Rate Contracts must be approved in advance and in writing by the Declarant.

(m) Property Ownership. To acquire, own and dispose of all manner of real and personal property, including habitat, whether by grant, lease, easement, Aift or otherwise. During the Development Period, all acquisitions and dispositions the Association hereunder must be approved in advance and in writing by the Decl (n) Allocation of Votes. To determine votes when perpfitt Section 4.04 above.

(0) Membership Privileges. To establish R use of the Common Area and any Improvements thereon 4.06 Acceptance of Common Area. The Associatio assignees may transfer or convey to the Association i or for the benefit of the Property, or the Proper will accept such transfers and conveyancesy, S and may consist of fee simple title, easement interests. Such property will be accepted ge@ or other instrument transferring or assigning arant's written request, the Association will real property that Declarant originally conveyed to the and absolute discretion of the Declarant. _ istrative or investigative by reason of the fact that he is, or was, a director, ember, employee, servant or agent of the Association against expenses, feys’ fees, reasonably incurred by him in connection with such action, suit or proceeding ifit is found and determined by the Board or a court of competent jurisdiction that he or she: (i) acted in good faith and in a manner he or she reasonably believed to be in, or not opposed to, the best interests of the Association; or (ii) with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The

d to be in, or not opposed to, the best interests of the Association; or (ii) with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit or proceeding by settlement, or upon a plea of nolo contendere or its equivalent, will not of itself create a presumption that the person did not act in good faith or -29LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS in a manner which was reasonably believed to be in, or not opposed to, the best interests of the Association or, with respect to any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful.

4.08 Insurance. The Board may purchase and cause to be maintained, at the expense of the Association, insurance on behalf of any person who is acting as a director, officer, committee member, employee, servant or agent of the Association against any liability asserted against or incurred by such person in any such capacity, or arising out of such person’s Rate Contracts must be approved in advance and in writing by the Dg¢ will have the power to enter into Bulk Rate Contracts at any fi Association may enter into Bulk Rate Contracts with any se (including Declarant, and/or any entities in which Declaga kOsen by the Board owners or partners of entered into on such terms and provisions as the B ine in its sole and absolute discretion. The Association may, at its option and e , add the charges payable by such Owner under such Bulk Rate Contract to the A ainst such Owner’s Lot. In this

nd e , add the charges payable by such Owner under such Bulk Rate Contract to the A ainst such Owner’s Lot. In this Owner under the terms of any Bulk Rate Contracttien the Association will be entitled to collect such charges by exercising the sg and remedies it would be entitled to exercise under this Declaration with respge to such Owner to pay Assessments, including without limitation the right en against such Owner’s Lot which is reserved under the terms and provi claration. In addition, in the event of nonpayment by any Owner of any charge ler‘afty Bulk Rate Contract and after the lapse of at least vere due, the Association may, upon five (5) days’ prior hich may run concurrently with such 12 day period), in written notice to sud addition to all other such manner asAheBaart“déems appropriate, any utility service or other service provided at make arrangements for payment of the bill and for re-connection or re-institution of service. No utility or cable television service will be disconnected on a day, or immediately preceding a day, when personnel are not available for the purpose of collection and reconnecting such services.

-30LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4.10 Community Systems. The Association is specifically authorized to provide, or to enter into contracts to provide Community Systems. Any such contracts may provide for installation, operation, management, maintenance, and upgrades or modifications to the Community Systems as the Board determines appropriate. Each Owner acknowledges that interruptions in Community Systems and services will occur from time to time. Declarant and

or modifications to the Community Systems as the Board determines appropriate. Each Owner acknowledges that interruptions in Community Systems and services will occur from time to time. Declarant and the Association, or any of their respective successors or assigns shall not be liable for, and no Community System or service user shall be entitled to refund, rebate, discount, or offset in applicable fees for, any interruption in Community Systems and services, regardless of Whether or not such interruption is caused by reasons within the service provider's control.

4.11 Declarant’s Rig shall have the right, but not the obligation, in its sole discretion and frog contribute to the revenues of the Association. At the option of Declarant, stre be reflected on the books and records of the Association as a loan, i repaid by the Association to Declarant, at the discretion of Detlaramt. t¢d as‘a loan, the contribution shall accrue interest, compounded monthly, frof ‘ifiswmiade until the date any assumption of control of the Board by Owners other than Declarant, until the ¢ypirdti termination of the Development Period, the Board is prohibited from ta ony which would discriminate against Declarant, or which would be detrimental Lots owned by Declarant. Declarant shall be entitled to determine, in its sg Dsolute discretion, whether any such action level and quality of maintena assumption of control of 4.14 Notices and Disclaimers as to Security Systems. NEITHER THE DECLARANT, A HOMEBUILDER, NOR THE ASSOCIATION, OR THEIR SUCCESSORS OR ASSIGNS GUARANTEE OR WARRANT, EXPRESSLY OR IMPLIEDLY, THE MERCHANTABILITY OR FITNESS FOR USE OF ANY SUCH SECURITY SYSTEM OR SERVICES, OR THAT ANY -31LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

E OR WARRANT, EXPRESSLY OR IMPLIEDLY, THE MERCHANTABILITY OR FITNESS FOR USE OF ANY SUCH SECURITY SYSTEM OR SERVICES, OR THAT ANY -31LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SYSTEM OR SERVICES WILL PREVENT INTRUSIONS, NOTIFY AUTHORITIES OF FIRES OR OTHER OCCURRENCES, OR THE CONSEQUENCES OF SUCH OCCURRENCES, REGARDLESS OF WHETHER OR NOT THE SYSTEM OR SERVICES ARE DESIGNED TO MONITOR SAME; AND EVERY OWNER OR RESIDENT OF PROPERTY RECEIVING SECURITY SERVICES THROUGH THE COMMUNITY SYSTEMS ACKNOWLEDGES THAT NEITHER THE DECLARANT, A HOMEBUILDER, NOR THE ASSOCIATION, OR ANY OR THEIR SUCCESSORS OR ASSIGNS ARE INSURERS OF THE OWNER OR RESIDENT'S PROPERTY OR OF THE PROPERTY OF OTHERS LOCATED ON THE LOT AND WIJ, NOT BE RESPONSIBLE OR LIABLE FOR LOSSES, INJURIES OR DEATHS RESUL SUCH OCCURRENCES. It is extremely difficult and impractical to determirf damages, if any, which may proximately result from a failure on the part of provider to perform any of its obligations with respect to security services ax Owner or Resident of property receiving security services through the interruption of security service or failure to respond to an 4 the Owner’s security system; (b) any defective or da negligence, active or otherwise, of the security s employees; or (d) fire, flood, riot, war, act of God g control of the security service provider. NY provider or its officers, agents or ymilar causes which are beyond the sident obtaining security services through the Community Systems furthé self, his grantees, tenants, guests, invitees, licensees and family members thati a damage should result from a failure of performance or operation, or from défegetive rmance or operation, or from improper

his grantees, tenants, guests, invitees, licensees and family members thati a damage should result from a failure of performance or operation, or from défegetive rmance or operation, or from improper installation, monitoring or servjGip e system, or from negligence, active or otherwise, of Declarant, a Homebuildey, the tion, or their successors or assigns for loss, damage, injury or death shall be } a ($250.00), which limitation. irréSpective of the cause or origin of the loss or damage and notwithstanding tha 6r damage results directly or indirectly from negligent performance, active 6r the Association, or their successors or assigns. Further, in no Jomebuilder , the Association, or their successors or assigns be liable for ARTICLE 5 INSURANCE 5.01 Insurance. Each Owner will be required to purchase and maintain commercially standard insurance on the Improvements located upon such Owner's Lot. The Association will not be required to maintain insurance on the Improvements constructed upon any Lot. The Association may, however, obtain such insurance as it may deem necessary, including but not -32LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS limited to such policies of liability and property damage insurance as the Board, in its discretion, may deem necessary. Insurance premiums for such policies will be a common expense to be included in the assessments levied by the Association. The acquisition of insurance by the Association will be without prejudice to the right and obligation of any Owner to obtain additional individual insurance.

5.02 Restoration. In the event of any fire or other casualty, unless otherwise

Association will be without prejudice to the right and obligation of any Owner to obtain additional individual insurance.

5.02 Restoration. In the event of any fire or other casualty, unless otherwise approved by the ACC, the Owner will promptly repair, restore and replace any damaged or the’ Association may commence, complete or effect such repair, restoration, reply or clean-up, and such Owner will be personally liable to the Association forthe cost ork; provided, however.

that if the Owner is prohibited or delayed by Appficable Law ffom commencing such repair, restoration, replacement or clean-up, the rights of gsOciation under this provision will not arise until the expiration of thirty (30) days aftey ) d ation, the cost thereof (plus interest from the date of demand until paid at the maxim ] rate, or if there is no such maximum Assessment chargeable to the chargeable against a Lot w @ Be by the liens reserved in the Declaration for Assessments and may be 6 des any means provided in this Declaration for the collection DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF THAT MAY ARISE BY REASON OF THE ASSOCIATION’S faites UNDER THIS SECTION 5.02, EXCEPT FOR SUCH COST, LOSS, IABILITY, CLAIM OR COST OF ACTION ARISING BY REASON ION’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. “GROSS AS USED HEREIN DOES NOT INCLUDE SIMPLE NEGLIGENCE, GROSS NEGLIGENCE.

5.03 Mechanic's and Materialmen’s Lien. Each Owner whose structure is repaired, restored, replaced or cleaned up by the Association pursuant to the rights granted under this Article 5, hereby grants to the Association an express mechanic’s and materialmen’s lien for the -33LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

to the rights granted under this Article 5, hereby grants to the Association an express mechanic’s and materialmen’s lien for the -33LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS reasonable cost of such repair, restoration, or replacement of the damaged or destroyed Improvement to the extent that the cost of such repair, restoration or replacement exceeds any insurance proceeds allocable to such repair, restoration or replacement and delivered to the Association. Upon request by the Board, and before the commencement of any reconstruction, repair, restoration or replacement, such Owner will execute all documents sufficient to .

effectuate such mechanic’s and materialmen’s lien in favor of the Association.

ARTICLE 6 COVENANT FOR ASSESSMENTS 6.01 Assessments.

the provisions of this Article 6 will be levied against each Lot A pursuant to Section 6.07 below. The total amount of Assessments Improvements thereon. The feo eS accordance with the provisions of this ny subsidy paid to the Association by Declarant oan, in Declarant’s sole and absolute discretion. The p . Prior to the beginning of each fiscal year, the estimate the expenses to be incurred by the Association during such year in performing its functions and exercising its powers under the Restrictions, including, but not limited to, the cost of all management, repair and maintenance, the cost of providing street and other lighting, the cost of administering and enforcing the Restrictions, and will estimate the amount needed to maintain a reasonable provision for contingencies and an appropriate replacement reserve, and will give due consideration to any expected income and any surplus -34LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

for contingencies and an appropriate replacement reserve, and will give due consideration to any expected income and any surplus -34LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS from the prior year’s fund. Assessments sufficient to pay such estimated net expenses will then be levied at the level of Assessments set by the Board in its sole and absolute discretion, and the Board’s determination will be final and binding so long as it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any Assessment, the Association may at any time, and from time to time, levy further Assessments in the same manner. All such regular Assessments will be due and payable to the Association annually on or before the first day of the month at the beginning of the fiscal year, or in such other manner as the Board may designate in its sole and absolute discretion.

6.04 Working Capital Assessment. Each Owner (other than Declarant) € to levy working capital assessments of varying amour depending oO character of the Lots thes being made subject to seh ny : authorized officer of the Association, setting forth the amou and the Lots to which it applies.

ye Association; (iii) voluntary transfer Owner's spouse, child, or parent.

on of the working capital assessment to a particular Owner, the ing’ the Sevetopment Period, and thereafter the Board’s, determination regarding atiqa E(t eption will be binding and conclusive without regard to any contrary m Of this Se¢tion 6.04. The working capital assessment will be in addition to, not in the Lot, renting upon transfer of title from one Owner of such Lot to any subsequent purchaser or transferee thereof. The Declarant during the Development Period, and thereafter

in addition to, not in the Lot, renting upon transfer of title from one Owner of such Lot to any subsequent purchaser or transferee thereof. The Declarant during the Development Period, and thereafter the Board, will have the power to waive the payment of any working capital assessment attributable to a Lot (or all Lots) by the Recordation of a waiver notice, which waiver may be temporary or permanent.

-35LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 6.05 Special Assessments. In addition to the regular annual Assessments provided for above, the Board may levy special Assessments whenever in the Board’s opinion such special Assessments are necessary to enable the Board to carry out the functions of the Association under the Restrictions. The amount of any special Assessments will be at the reasonable discretion of the Board. In addition to the special Assessments authorized above, the Association may, in any fiscal year, levy a special Assessment applicable to that fiscal year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area.

may include, but are not limited to: interest, late charges, and collection Assessments; reimbursement for costs incurred in bringing an Owner 9 reimbursement for damage or waste caused by willful o rets-Of the Owner, the Owner's guests, invitees or Residents of the Owner’s Lot; co bnses that benefit fewer against the Association on a per-Lot basis; and “passN expenses for services to Lots provided through the Association and which are equitably paid by each Lot according to the benefit received.

6.07 Amount of Assessment.

o Lots provided through the Association and which are equitably paid by each Lot according to the benefit received.

6.07 Amount of Assessment.

ined ith Skctian.47(b) below). Unless otherwise provided in this v OS afit to Section 6.03 and Section 6.05 shall be levied pssment Wpit allocated to a Lot.

ach Lot shall constitute one “Assessment Unit” unless platted or unimproved of the Property or any Lot; or (iii) reduce the levy of Assessments against any un-platted or unimproved portion of the Property or any Lot. Declarant or the Board may also exempt any portion of the Property which is dedicated and accepted by public authority from Assessments. In the event Declarant elects to delay or reduce Assessments pursuant to this Section, the duration of the delay or the amount of the -36LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS reduction will be set forth in a written instrument signed by Declarant. Declarant may terminate, extend or modify any delay or reduction.

6.08 Late Charges. If any Assessment is not paid by the due date applicable thereto, the Owner responsible for the payment may be required by the Board, at the Board’s election at any time and from time to time, to pay a late charge in such amount as the Board may designate, and the late charge (and any reasonable handling costs) will be levied as an Individual Assessment against the Lot owned by such Owner, collectible in the ma Applicable Law.

6.09 Owner's Personal Obligation; Interest. Assessments leyi herein will be the personal and individual debt of the Owner of the LotAgen such Assessments. No Owner may exempt himself from liability et will be obligated ed by applicable usury

t. Assessments leyi herein will be the personal and individual debt of the Owner of the LotAgen such Assessments. No Owner may exempt himself from liability et will be obligated ed by applicable usury such highest rate, then at the rate of one and one ha 6) per month), together with all costs and expenses of collection, including reasona orney’s fees. Such amounts will be levied as an Individual Assessment against the L uch Owner.

payment of all sums assessed in the charges as provided in Section 6.08 and ésts of collection, including attorney's fees as Assessment lien granted to the Association pursuant to Section 6.01(b) a such Owner's heirs, persohalfippresentatives, successors or assigns. The aforesaid lien will be gainst such Lot, except only for: (i) tax liens; (ii) all sums e acquisition or improvement of the Lot in question and (iii) home ines of credit which are secured by a second mortgage lien or e’was Recorded before the delinquent Assessment was due. The ave the power to subordinate the aforesaid Assessment lien to any other lien.

officer, agent, or attorney of the Association. The Association may, at its option prejudice to the priority or enforceability of the Assessment lien granted hereunder, prepare a written notice of Assessment lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot. Such notice may be signed by one of the officers, agents, or attorneys of the Association and will be Recorded. Each Owner, by accepting a deed or ownership interest to a Lot subject -37LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS to this Declaration, will be deemed conclusively to have granted a power of sale to the

or ownership interest to a Lot subject -37LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS to this Declaration, will be deemed conclusively to have granted a power of sale to the Association to secure and enforce the Assessment lien granted hereunder. The Assessment liens and rights to foreclosure thereof will be in addition to and not in substitution of any other rights and remedies the Association may have by law and under this Declaration, including the rights of the Association to institute suit against such Owner personally obligated to pay the Assessment and/or for foreclosure of the aforesaid lien. In any foreclosure proceeding, such Owner will be required to pay the costs, expenses and reasonable attorney's fees incurred. The Association will have the power to bid (in cash or by credit against the amount secured than sixty (60) days after the same are due. The lien hereunder will not be 4 or transfer of any Lot; except, however, that in the event of foreclosures the proceeds of such foreclosure sale only to the extent satisfaction of the indebtedness secured by the Mortgage.

sentence will not, however, relieve any subsequent @Qwner ( purchaser at a foreclosure sale) from paying Assesstx foreclosure sale. Upon payment of all sums secy# Section 6.10, the Association will upon the r to any lien for which written notice circumstances in which the Association h s due, the Association may, upon five (5) days’ urrently with such twelve (12) day period) to such isConnection, with the title “termination notice” or similar language the notice. The notice will include the office or street address where and recdngeefing such services. Except as otherwise provided by Applicable Law, the sale or

rmination notice” or similar language the notice. The notice will include the office or street address where and recdngeefing such services. Except as otherwise provided by Applicable Law, the sale or transfer of a Lot will not relieve the Owner of such Lot or such Owner's transferee from liability for any Assessments thereafter becoming due or from the lien associated therewith. If an Owner conveys its Lot and on the date of such conveyance Assessments against the Lot remain unpaid, or said Owner owes other sums or fees under this Declaration to the Association, the Owner will pay such amounts to the Association out of the sales price of the Lot, and such sums -38LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS will be paid in preference to any other charges against the Lot other than liens superior to the Assessment lien and charges in favor of the State of Texas or a political subdivision thereof for taxes on the Lot which are due and unpaid. The Owner conveying such Lot will remain personally liable for all such sums until the same are fully paid, regardless of whether the transferee of the Lot also assumes the obligation to pay such amounts. The Board may adopt an administrative transfer fee to cover the expenses associated with updating the Association’s records upon the transfer of a Lot to a third party; provided, however, that no transfer fee will be due upon the transfer of a Lot from Declarant to a third party.

Yes, the Association can foreclose on your Lot!

Association forecloses its assessment lien.

6.11 Exempt Property. The following area within th, the Assessments provided for in this Article: (a) All area dedicated and accepted by a public a (b) The Common Area; and ayassess fines against an Owner for violations

y. The following area within th, the Assessments provided for in this Article: (a) All area dedicated and accepted by a public a (b) The Common Area; and ayassess fines against an Owner for violations of the Restrictions which hayp be ed by an Owner, a Resident, or the Owner or Residents guests, age nites. y fine and/or charge for damage levied in accordance with this Sechtty6.T3 be considered an Individual Assessment pursuant to this Declaration. Eack blation may be considered a separate violation if the violation continues A fens and asking them to comply with the Rules and/or informing them of able fines or damage assessments. The Board may from time to time adopt Procedure. The procedure for assessment of fines and damage charges will be as follows: (i) the Association, acting through an officer, Board member or Manager, must give the Owner notice of the fine or damage charge not later than -39LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS thirty (30) days after the assessment of the fine or damage charge by the Board; (ii) the notice of the fine or damage charge must describe the violation or damage; (iii) the notice of the fine or damage charge must state the amount of the fine or damage charge; (iv) the notice of a fine or damage charge must state that the Owpé (v) the notice of a fine must allow the Owner a remedied) and avoid the fine unless reasonable opportunity to cure a si six (6) months.

(c) Due Date. Fine and/or damage chargé of the thirty (30) day period for requesting a he damage charges will be due vearet e assuming that a fine or damage charg hearing.

(d) Lien Created. Tk® pay!

Board against the Owner of and all costs of collectig BOard’s decision at such hearing, t is confirmed by the Board at such

t e assuming that a fine or damage charg hearing.

(d) Lien Created. Tk® pay!

Board against the Owner of and all costs of collectig BOard’s decision at such hearing, t is confirmed by the Board at such pach fine and/or damage charge levied by the ér with interest as provided in Section 6.09 hereof provided in this Sectid e fine and/or damage charge will be considered an is Article and will be enforced in accordance with the terms and provisions goye e enforcement of assessments pursuant to this Article 6.

ARTICLE 7 ARCHITECTURAL CONTROL COMMITTEE ntil Peflarant has delegated its right to appoint and remove all members of the ACC to the Board-a$ provided in Section 7.02(a) below, the ACC will be acting solely in Declarant's interest aimtwill owe no duty to any other Owner or the Association. Notwithstanding any provision in this Declaration to the contrary, Declarant may appoint a single person to exercise the rights of the ACC.

-40LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 7.01 Construction of Improvements. No Improvement may be erected, placed, constructed, painted, altered, modified or remodeled on any Lot, and no Lot may be re-subdivided or consolidated with other Lots or Property, by anyone other than Declarant without the prior written approval of the ACC.

7.02 Architectural Control Committee.

(a) Composition. The ACC will be composed of not more than persons (who need not be Members or Owners) appointed as provided below, review Improvements proposed to be made by any Owner other than Declara ant will have the right to appoint and remove (with or without cause) all membe Declarant may assign its right to appoint all members of the ACC to jhe Recorded written instrument, and thereafter, the Board will have the-righ{t fe-appoint and

ove (with or without cause) all membe Declarant may assign its right to appoint all members of the ACC to jhe Recorded written instrument, and thereafter, the Board will have the-righ{t fe-appoint and remove (with or without cause) all members of the ACC. Any ass C Declarant of the right to appoint and remove all members of the ACC maybe expiration of twelve (12) months after the expiration of the Dévg el If Declarant withdraws its assignment of the right to appoint and re ers of the ACC, then on the date of such withdrawal, Declarant will have the right tear t and remove (with or without cause) all members of the ACC. Decl ppoint all members of the ACC will automatically be assigned to the Associ upon the expiration of twelve (12) months after the expiration of the Developme Neclarant, at its option, may create and assign specific duties and responsg e Oy more sub-committees consisting of members and/or nonmembers of the A ; g event responsibilities and duties are such duties and responsibilities is dissolved ef and appoint members of such sub-committees until such time as Declarant has assigned its right to ssociation. The ACC will have the right to employ necessary or appropriate.

by Declarant. The right t will reside exclusively yi appoint members of t consultants and adviso ion and Approval of Plans and Specifications. Construction ¢larant, at such address as may hereafter be designated in writing from time to ye-subdivision or consolidation will be made, nor any Improvement placed or allowédn any Lot, until the plans and specifications thereof have been approved in writing by a Majority of the members of the ACC. The ACC may, in reviewing such plans and specifications consider any information that it deems proper; including, without limitation,

been approved in writing by a Majority of the members of the ACC. The ACC may, in reviewing such plans and specifications consider any information that it deems proper; including, without limitation, any permits, environmental impact statements or percolation tests that may be required by the ACC or any other entity; and harmony of external design and location in relation to -41LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS surrounding structures, topography, vegetation, and finished grade elevation. The ACC may postpone its review of any plans and specifications submitted for approval pending receipt of any information or material which the ACC, in its sole discretion, may require.

Site plans must be approved by the ACC prior to the clearing of any Lot, or the construction of any Improvements. The ACC may refuse to approve plans and specifications for proposed Improvements, or for the re-subdivision or consolidation of any Lot on any grounds that, in the sole and absolute discretion of the ACC, are deemed sufficient, including, but not limited to, purely aesthetic grounds.

Notwithstanding any provision to the contrary in the Declaration, the ACC and approval of Improvements set forth in this Declaration.

(c) Design Guidelines. Declarant may ad and, during the Development Period, will have the p (unless previously adopted by Declarant), amend, Guidelines. Upon expiration or termination of sub-committee thereof created pursuant to Sectid ill have the power from time to time, to amend, modify, or supplement the Desig lines; provided, however, that any g mmittee will only apply to the ittee, and during the Development ent must be approved in advance and the Design Guidelines and ed tert provisions of this Declaratfop authority to impose a

, that any g mmittee will only apply to the ittee, and during the Development ent must be approved in advance and the Design Guidelines and ed tert provisions of this Declaratfop authority to impose a information submitted held by the ACC and of performing its dutjés-hereynde?, provided, however, that any excess funds held by the ACC will be distributed Association at the end of each calendar year. The ACC will not be : plans until a complete submittal package, as required by this esign Guidelines, is assembled and submitted to the ACC. The ACC ge or completion relating to any Improvement and the right to approve in a arty contractor selected for the construction of Improvements), not in conflict with this Declaration, as it may deem necessary or appropriate in connection with the performance of its duties hereunder.

(d) Actions of the ACC. The ACC may, by resolution unanimously adopted in writing, designate one or more of its members, or an agent acting on its behalf, to take any -42LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS action or perform any duties for and on behalf of the ACC, except the granting of variances.

In the absence of such designation, the vote of a Majority of all of the members of the ACC taken at a duly constituted meeting will constitute an act of the ACC.

(e) Failure to Act. In the event that any plans and specifications are submitted to the ACC as provided herein, and the ACC fails either to approve or reject such plans and specifications for a period of sixty (60) days following such submission, rejection of such plans and specifications by the ACC will be presumed. In furtherance, ang in its sole and absolute discretion, such variance is in evidenced in writing and must be signed by at least a

jection of such plans and specifications by the ACC will be presumed. In furtherance, ang in its sole and absolute discretion, such variance is in evidenced in writing and must be signed by at least a Each variance must also be Recorded; provided howeve e of action against the e Board. If a variance is the variance, and such wariengey : waiver, modification, or ame SS will be valid for a accordance wi A er 80) day period and diligently prosecuted to completion, the Owner toNWesubmit such plans and specifications or request for a variance to the C will have the authority to re-evaluate such plans and specifications in ith this Section 7.02(g) and may, in addition, consider any change in ges which may have occurred since the time of the original approval.

(h) No Waiver of Future Approvals. The approval of the ACC to any plans or specifications for any work done or proposed in connection with any matter requiring the approval or consent of the ACC will not be deemed to constitute a waiver of any right to withhold approval or consent as to any plans and specifications on any other matter, subsequently or additionally submitted for approval by the same or a different person, nor oii.

LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS will such approval or consent be deemed to establish a precedent for future approvals by the ACC.

(i) Non-Liability of Committee Members. NEITHER DECLARANT, THE ACC, NOR ANY PARTNER, EMPLOYEE, DIRECTOR, OFFICER, COMMITTEE MEMBER, OR AGENT WILL BE LIABLE TO ANY OWNER OR TO ANY OTHER PERSON FOR ANY LOSS, DAMAGE OR INJURY ARISING OUT OF THE PERFORMANCE OF THE ACC’S DUTIES UNDER THIS DECLARATION.

ARTICLE 8 MORTGAGE PROVISIONS The following provisions are for the benefit of holders, insurers and gt

LOSS, DAMAGE OR INJURY ARISING OUT OF THE PERFORMANCE OF THE ACC’S DUTIES UNDER THIS DECLARATION.

ARTICLE 8 MORTGAGE PROVISIONS The following provisions are for the benefit of holders, insurers and gt Mortgages on Lots within the Property. The provisions of this Article app and the Bylaws of the Association.

8.01 Notice of Action. An institutional holde surety dr guarantor of a first Mortgage which provides a written request to the Associati UC uest to state the name ss of the Lot to which its Mortgage relates (thereby becoming an “Eligible Mottgaye Holder”), will be entitled to timely written notice of: (a) Any condemnation Sualty loss which affects a material hich there is an Eligible Mortgage held, ? Holder; or in_the“payment of assessments or charges owed for a uch Ekgible Mortgage Holder, where such delinquency has minafion of Books. The Association will permit Mortgagees to examine the ecdxd so? the Association during normal business hours.

axes, Assessments and Charges. All taxes, assessments and charges that may eris prior to first lien mortgages under Applicable Law will relate only to the individual Lots and not to any other portion of the Property.

ARTICLE 9 GENERAL PROVISIONS -44LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 9.01 Term. The terms, covenants, conditions, restrictions, easements, charges, and liens set out in this Declaration will run with and bind the Property, and will inure to the benefit of and be enforceable by the Association, and every Owner, including Declarant, and their respective legal representatives, heirs, successors, and assigns, for a term beginning on the date this Declaration is Recorded, and continuing through and including January 1, 2067, after which

their respective legal representatives, heirs, successors, and assigns, for a term beginning on the date this Declaration is Recorded, and continuing through and including January 1, 2067, after which time this Declaration will be automatically extended for successive periods of ten (10) years unless a change (the word “change” meaning a termination, or change of term or renewal term) is approved in a resolution adopted by Members entitled to cast at least sixty-seven4 (67%) of the total number of votes of the Association, voting in person or by proxy g duly called for such purpose, written notice of which will be given to all Members § yl expire (twenty ants of Elizabeth II, the period of time that covenants on land may be enforced, one) 21 years after the death of the last survivor of the no Queen of England.

Declaration is in effect, the Board is hereby au for such acquisition and to execute instru by eminent domain become necessary, only * the proceeds received will be held by iti on Area are paid to Owners, such payments will be allocated on the basi e nits and paid jointly to the Owners and the e respective Lot.

aration may be amended or terminated by the Recording knowledged by: (i) Declarant acting alone; or (ii) by the president and secreta ssociation setting forth the amendment and certifying that such amendment h en ‘appfoved by Declarant (until expiration or termination of the Developmen d Members entitled to cast at least sixty-seven percent (67%) of the numbe tithéd to be cast by members of the Association. No amendment will be effp e written consent of Declarant, its successors or assigns, during the DeVelos priod. Specifically, and not by way of limitation, Declarant may unilaterally

f the Association. No amendment will be effp e written consent of Declarant, its successors or assigns, during the DeVelos priod. Specifically, and not by way of limitation, Declarant may unilaterally amend eClaration: (i) to bring any provision into compliance with Applicable Law; (ii) to enable any reputable title insurance company to issue title insurance coverage on any Lot; (iii) to enable any institutional or governmental lender, purchaser, insurer or guarantor of mortgage loans, including, for example, the Federal Home Loan Mortgage Corporation, to make, purchase, insure or guarantee mortgage loans on Lots; or (iv) to comply with any requirements -45LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS promulgated by a local, state or governmental agency, including, for example, the Department of Housing and Urban Development.

9.04 Roadway and Utility Easements. Declarant reserves the right to create, locate, relocate, construct, erect, and maintain or cause to be created, located, relocated, constructed, erected, and maintained in and on any portion of the Property then owned by Declarant or any streets maintained by the Association, or areas conveyed to the Association, or areas reserved or held as Common Area, roadways, sewer lines, water lines, electrical lines and condy 9.07 Severability. If any provisign o iv \ avation is held to be invalid by any - court of competent jurisdiction, such inval? gffect the validity of any other provision of this Declaration, or, to the extent permijtte a plicable Law, the validity of such provision as applied to any other person ot t between the provisions of this Declaration, the pted pursuant to the terms of such documents, the ertificate, the Bylaws, and the Rules, in such order, will

ovision as applied to any other person ot t between the provisions of this Declaration, the pted pursuant to the terms of such documents, the ertificate, the Bylaws, and the Rules, in such order, will ever the context so requires, all words herein in the male gender e female or neuter gender, all singular words will include the dyds will include the singular.

easements, liens and charges, and the jurisdiction rights and powers created or reserved by this Declaration or to whom this Declaration is subject, and all rights, benefits and privileges of every character hereby granted, created, reserved or declared. Furthermore, each grantee agrees that no assignee or successor to Declarant hereunder will have any liability for any act or omission of Declarant which occurred prior to the effective date of any such succession or -46LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS assignment. All impositions and obligations hereby imposed will constitute covenants running with the land within the Property, and will bind any person having at any time any interest or estate in the Property, and will inure to the benefit of each Owner in like manner as though the provisions of this Declaration were recited and stipulated at length in each and every deed of conveyance.

9.11 Damage and Destruction.

r6uld be determined by the Board that aWill not be repaired and no alternative actéd portion of the Common Area will be cost of such repai Article 6, against 2 roceeds Payable to Owners. In the event that any proceeds of insurance 9.12 No Partition. Except as may be permitted in this Declaration or amendments thereto, no physical partition of the Common Area or any part will be permitted, nor will any

any proceeds of insurance 9.12 No Partition. Except as may be permitted in this Declaration or amendments thereto, no physical partition of the Common Area or any part will be permitted, nor will any person acquiring any interest in the Property or any part seek any such judicial partition unless the Property in question has been removed from the provisions of this Declaration pursuant to -47LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Section 11.04 below. This Section 9.12 will not be construed to prohibit the Board from acquiring and disposing of tangible personal property or from acquiring title to real property that may or may not be subject to this Declaration.

9.13 Notices. Any notice permitted or required to be given to any person by this Declaration will be in writing and may be delivered either personally or by mail, or as otherwise required by Applicable Law. If delivery is made by mail, it will be deemed to have been delivered on the third (3rd) day (other than a Sunday or legal holiday) after a copyyof the address may be changed from time to time by notice in writing given by sus Association.

9.14 View Impairment. Neither Declarant nor the Associatig that any view over and across the Lots, or any open space or will be preserved without impairment. Neither the Declaré time to time, subject to Applicable Law. There sh no expre view purposes or for the passage of light and air.

9.15 Safety and Security. Eac guests and invitees, shall be responsible for 4 property within the Property. The Assgeia support certain activities within the f or security which each person pit 3 neither the Association norAQeclara alt any way be considered insurers or guarantors of safety or security within t reason of failure to pra undertaken.

ithin the f or security which each person pit 3 neither the Association norAQeclara alt any way be considered insurers or guarantors of safety or security within t reason of failure to pra undertaken.

‘ A Ident of a Lot, and their respective ay; But shall not be obligated to, maintain or adegyate security or ineffectiveness of security measures ARTICLE 10 EASEMENTS neced¢ é the Common Area and the right to such other temporary uses of the Common ay be required or reasonably desirable (as determined by Declarant in its sole discretion) in connection with the construction and development of the Property. The Property shall be subject to a perpetual non-exclusive easement for the installation and maintenance, including the right to read meters, service or repair lines and equipment, and to do everything and anything necessary to properly maintain and furnish the Community Systems and the facilities pertinent and necessary to the same, which easement shall run in favor of Declarant.

-48LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Declarant shall have the right, but not the obligation, to install and provide the Community Systems and to provide the services available through the Community Systems to any and all Lots within the Property. Neither the Association nor any Owner shall have any interest therein. Any or all of such services may be provided either directly through the Association and paid for as part of the Assessments or directly to Declarant, any affiliate of Declarant, or a third party, by the Owner who receives the services. The Community Systems shall be the property of Declarant unless transferred by Declarant, whereupon any proceeds of such transfer shall belong to Declarant. Declarant shall have the right but not the obligation to

Systems shall be the property of Declarant unless transferred by Declarant, whereupon any proceeds of such transfer shall belong to Declarant. Declarant shall have the right but not the obligation to provided through such Community Systems are exclusive, and no other such services through the Community Systems installed by Declarant wi consent of Declarant. In recognition of the fact that interruptions be liable, and no user of any Community System shall fe? entitled y refund, rebate, discount or offset in applicable fees, for any interruptior, i ity Systems services, regardless of whether or not same is caused by reasgys withth.thé Coytrol of the then-provider of such services.

shown on any Plat and all Recorded oon vid Aedigations of easements, rights-of-way, restrictions and related rights made by Declaxa Declaration are incorporated herein by purposes as if fully set forth here> , a dedications, limitations, economically developing 6ther property owned by Declarant; (ii) the installation, operation and § lines and associated infrastructure for sending and receiving data and/or signals, security and similar services to serve the Property and any other d by Declarant; and (iii) the installation, operation and maintenance of, roadways, gates, walkways, pathways and trails, drainage systems, street lights and signage to serve the Property and any other property owned by Declarant. Declarant will be entitled to unilaterally assign the easements reserved hereunder to any third party who owns, operates or maintains the facilities and Improvements described in (i) through (iii) of this Section 10.03. The exercise of the easement reserved herein will not extend to permitting entry into any residence, -49LAKE POINTE

facilities and Improvements described in (i) through (iii) of this Section 10.03. The exercise of the easement reserved herein will not extend to permitting entry into any residence, -49LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS ‘AND RESTRICTIONS nor will it unreasonably interfere with the use of any Lot or residence or Improvement constructed thereon.

10.04 Subdivision Entry, Fencing, and Landscape Easement. Declarant reserves for itself and the Association, an easement over and across the Property for the installation, maintenance, repair or replacement of certain subdivision entry facilities, fencing which serves the Property, and landscaping and irrigation surrounding the subdivision entry facilities and fencing and surrounding the Primary Streets. Declarant will have the right, from time written notice. The exercise of the easements reserved hereunder will not ex entry into any residence, nor will it unreasonably interfere with the use 9 2 atamt hereby reserves for itself and the Association, an easement over and acrd erty for the installation, maintenance, repair or replacement of one or more of the easements reserved hereunder nor will it unreasonably interfere with Se constructed thereon.

permitting entry into any residence, y Lot or residence or Improvement 10.06 Declarant hereby reserves for itself and the Association, an easemen oss the Property for the installation, maintenance, repair or replacement ¢ ong the Primary Streets. Specifically, the Declarant the south side of [email protected] oad right-of-way and a ten foot (10’) easement over and across the Property é to each side of Lake Pointe Drive right-of-way. Declarant will

ross the Property adjacent to the south side of [email protected] oad right-of-way and a ten foot (10’) easement over and across the Property é to each side of Lake Pointe Drive right-of-way. Declarant will 6 time, to Record a written notice, which identifies those portions have the righ Mereunder will not extend to permitting entry into any residence, nor ably interfere with the use of any Lot or residence or Improvement “07” Drainage and Maintenance Easement. Declarant hereby reserves for itself and the Association, an easement between the lot owner’s back fence and back property line of Lots 1 through 21, Block 2 of Lake Pointe Phase II-A1, a subdivision in Bell County, Texas, according to the plat Recorded in Cabinet D, Slides 400B, 400C and 400D, Plat Records of Bell County, Texas (the “Maintenance Area”). The Association will be responsible for mowing and maintaining the Maintenance Area as a common expense of the Association.

-50LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 10.08 Declarant as Attorney in Fact. To secure and facilitate Declarant’s exercise of the rights reserved by Declarant pursuant to the terms and provisions of this Declaration, each Owner, by accepting a deed to a Lot and each Mortgagee, by accepting the benefits of a Mortgage against a Lot, and any other third party by acceptance of the benefits of a mortgage, deed of trust, mechanic’s lien contract, mechanic’s lien claim, vendor’s lien and/or any other security interest against any Lot, will thereby be deemed to have appointed Declarant such Owner's, Mortgagee’s, and third party’s irrevocable attorney-in-fact, with full power of substitution, to do and perform, each and every act permitted or required to be perfoptt

pointed Declarant such Owner's, Mortgagee’s, and third party’s irrevocable attorney-in-fact, with full power of substitution, to do and perform, each and every act permitted or required to be perfoptt Declarant pursuant to the terms of this Declaration. The power thereby vested in Declaré bankruptcy, incompetency and death of an Owner, Mortgagee and/or thiré binding upon the legal representatives, administrators, executors, succes od, whichever occurs he right to execute on egal or’equitable interest in the endments or supplements to the purchaser, or until the expiration or termination of the Dey first. Declarant hereby reserves for itself, its successors a behalf of each Owner, Mortgagee, and third party claiming a Common Area, any such agreements, documen Restrictions which may be required by any instifuti governmental lender, purchaser, — Mortgage Corporation) designated by De NY governmental or quasi-governmental agency having regulatory jurisdiction ove on Area or by any title insurance é 43 portion of the Common Area.

oe 11 company selected by Declarant to insu 11.02 Special Declarant Rights. Notwithstanding any provision of this Declaration to the contrary, at all times, Declarant will have the right and privilege: (i) to erect and maintain advertising signs (illuminated or non-illuminated), sales flags, other sales devices and banners for the purpose of aiding the sale of Lots in the Property; (ii) to maintain Improvements upon -51LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Lots as sales, model, management, business and construction offices; and (iii) to maintain and locate construction trailers and construction tools and equipment within the Property. The

D RESTRICTIONS Lots as sales, model, management, business and construction offices; and (iii) to maintain and locate construction trailers and construction tools and equipment within the Property. The construction, placement or maintenance of Improvements by Declarant will not be considered a nuisance, and Declarant hereby reserves the right and privilege for itself to conduct the activities enumerated in this Section 11.02 until two (2) years after expiration or termination of the Development Period.

conditions, restrictions and obligations set forth in this Declaration, and duties and liabilities of the persons subject to this Declaration will be such added land as with respect to the lands originally covered by t lands to the Property, Declarant will be required only to Reeord73 containing the following provisions: (a) A reference to this Declaration, which number or volume and initial page number of Officia wherein this Declaration is Recorded; ubtic Records of Bell County (b) A statement that sughyla nsidered Property for purposes of this Declaration, and that all of the term e onditions, restrictions and obligations of this Declaration will apply to the a (c) Alegal deg dded land.

ation any portion of the Property. Upon any such withdrawal e covenants conditions, restrictions and obligations set forth e portion of the Property withdrawn. To withdraw lands from arant will be required only to Record a notice of withdrawal of ing provisions: s Declaration is recorded; (b) A statement that the provisions of this Declaration will no longer apply to the withdrawn land; and , (c) A legal description of the withdrawn land.

-52LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 11.05 Assignment of Declarant’s Rights. Notwithstanding any provision in this

nd , (c) A legal description of the withdrawn land.

-52LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 11.05 Assignment of Declarant’s Rights. Notwithstanding any provision in this Declaration to the contrary, Declarant may, by written instrument, assign, in whole or in part, any of its privileges, exemptions, rights and duties under this Declaration to any person or entity and may permit the participation, in whole, in part, exclusively, or non-exclusively, by any other person or entity in any of its privileges, exemptions, rights and duties hereunder.

[SIGNATURE PAGE FOLLOWS] -53LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS wy EXECUTED to be effective on the date this instrument is Recorded.

DECLARANT: WBW DEVELOPMENF MANAGEMENT III, LLC, a Texas limited IZabilipf company By: Printed Name: Title: STATE OF TEXAS § COUNTY OF § the £Y day of Au u& 2013, by W Development Management III, ed liability company.

. C, ‘A Ag 4 4 mae, S Up DENGAN S WAY 34, RS Mery sw -53LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Error! Unknown document property name.

CONSENT OF MORTGAGEE The undersigned, being the sole owner and holder of the lien created by a Deed of Trust recorded as Document No. in the Official Public Records of Bell County, Texas (the “Lien”), securing a note of even date therewith, executes this Declaration solely for the purposes of (i) evidencing its consent to this Declaration, and (ii) subordinating the Lien to this Declaration, both on the condition that the Lien shall remain superior to the Assessment Lien in all events.

By: Printed Name: Title: THE STATE OF TEXAS § § § COUNTY OF This instrument was acknowledged (GS ary Public, State of Texas -55LAKE POINTE

or to the Assessment Lien in all events.

By: Printed Name: Title: THE STATE OF TEXAS § § § COUNTY OF This instrument was acknowledged (GS ary Public, State of Texas -55LAKE POINTE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Bell County Shelley Coston County Clerk TIINIMIITINITIAT°*" Instrument Number: 2013-00038015 AS Recorded On: August 27, 2013 Recordings Parties: WBW DEVELOPMENT MANAGEMENT II! LLC Billable Pages: 60 To LAKE POINTE Number of Pages: 61 Comment: ( Parties listed above are for Clerks reference only ) Recordings 247.00 Total Recording: 247.00 Soe befein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.

File Informatio Record and Return To: Document : 3-00038015 Receipt NumBer-182086 GARRETT NORDYKE Recorded Date/Time: August 27, 2013 04:53:12P W & B DEVELOPMENT 3000 ILLINOIS AVE, STE 100 User / Station: G Gomez - Cash Station 1 KILLEEN TX 76543 | hereby certify that this instrument was filed on the date and time stamped hereon and was duly recorded in the Real Property Records in Bell County, Texas Shelley Coston / Bell County Clerk