Declaration For Las Colinas

2020 -202000275366 10/07/2020 4:18PM Page 1 of 50 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR INTOWN AT LAS COLINAS STATION After Recording Return To: Stephanie Quade Roberts Markel Weinberg Butler Hailey PC 2800 Post Oak Blvd., 57th Floor Houston, Texas 77056 Copyright© 2020 by Roberts Markel Weinberg Butler Hailey PC, all rights reserved. This Declaration may be used only in connection with the Las Colinas Station subdivision and the operation of the Las Colinas Station Intown HOA, Inc.

1 2020 -202000275366 10/07/2020 4:18PM Page 2 of 50 ARTICLE I.

ARTICLE II.

ARTICLE III. TABLE OF CONTENTS DEFINITION OF TERMS ....................................................................................................... 6 PURPOSE AND INTENT ......................................................................................................... 9 PROPERTY SUBJECT TO RESTRICTIONS ..................................................................... 10 A. PROPERTY lNITIALL Y ENCUMBERED ......................................................................................................... 10 B. ANNEXATION OF ADDITIONAL PROPERTY ................................................................................................ 10 C. DEANNEXATIONOFPROPERTY ................................................................................................................. 10 ARTICLE IV. ASSOCIATION MEMBERSHIP AND VOTING RIGHTS ................................................ 10 A. ELIGIBILITY .............................................................................................................................................. 10

.................................... 10 A. ELIGIBILITY .............................................................................................................................................. 10 B. MEMBERSHIP ............................................................................................................................................ 10 C. VOTING RIGHTS ........................................................................................................................................ 11 D. VOTING PROCEDURES ............................................................................................................................... 12 E. RIGHT TO APPOINT/ELECT BOARD OF DIRECTORS .................................................................................... 12 ARTICLE V.

ARTICLE VI. EFFECTIVE DATE OF DECLARATION ........................................................................... 13 USE RESTRICTIONS ............................................................................................................ 13 A. SINGLE FAMILY RESIDENTIAL USE PERMITTED; LEASING ........................................................................ 13 B. NON-PERMITTED USES ............................................................................................................................. 14 C. ANIMALS AND PETS .................................................................................................................................. 15 D. ANTENNAS ................................................................................................................................................ 15 E. BASKETBALL GOALS AND BACKBOARDS .................................................................................................. 16

............................................................ 15 E. BASKETBALL GOALS AND BACKBOARDS .................................................................................................. 16 F. DRILLING .................................................................................................................................................. 16 G. EXTERIOR SEASONAL DECORATIONS ........................................................................................................ 16 H. FLAGS AND FLAGPOLES ............................................................................................................................ 17 I. GENERAL NUISANCES ............................................................................................................................... 17 J. GENERATORS ............................................................................................................................................ 18 K. MONUMENTS AND FENCES ....................................................................................................................... 18 L. OUTBUILDINGS ......................................................................................................................................... 18 M. OUTSIDE STORAGE AND TRASH COLLECTION ........................................................................................... 18 N. PARKING AND PROHIBITED VEHICLES ...................................................................................................... 19 0. PLAY STRUCTURES ................................................................................................................................... 20

........................................... 19 0. PLAY STRUCTURES ................................................................................................................................... 20 P. SCREENING ............................................................................................................................................... 20 Q. SIGNS ........................................................................................................................................................ 20 R. SWIMMING POOLS/SPAS ........................................................................................................................... 22 S. TREEREMOVAL ........................................................................................................................................ 22 T. WINDOW AIR CONDITIONING UNITS ........................................................................................................ 22 U. WIND TURBINES ....................................................................................................................................... 22 V. WINDOW TREATMENTS ............................................................................................................................ 23 ARTICLE VII. COMMON AREA ................................................................................................................... 23 ARTICLE VIII. NOTICES AND EASEMENTS .............................................................................................. 24 A. EASEMENTS FOR GREEN BELT, COMMON AREA AND OTHER LANDSCAPE RESERVES .............................. 24 B. EASEMENTS TO SERVE ADDITIONAL PROPERTY ....................................................................................... 24

AREA AND OTHER LANDSCAPE RESERVES .............................. 24 B. EASEMENTS TO SERVE ADDITIONAL PROPERTY ....................................................................................... 24 C. UTILITIES AND GENERAL .......................................................................................................................... 25 D. PRIVATE STREETS ..................................................................................................................................... 25 E. DALLAS/FORT WORTH INTERNATIONAL AIRPORT .................................................................................... 26 ARTICLE IX. DEED RESTRICTION ENFORCEMENT ........................................................................... 26 A. AUTHORITY TO PROMULGATE RULES, POLICIES AND GUIDELINES ........................................................... 26 B. ATTORNEY'S FEES AND FINES .................................................................................................................. 27 C. REMEDIES ................................................................................................................................................. 27 2 2020 -202000275366 10/07/2020 4:18PM Page 3 of 50 D. ENFORCEMENT BY OWNERS ..................................................................................................................... 28 E. SELF HELP ................................................................................................................................................ 28 ARTICLEX. ARCHITECTURAL RESTRICTIONS ................................................................................. 28

................................................................... 28 B. ARCAPPROVALREQUIRED ...................................................................................................................... 30 C. BUILDING SETBACKS ................................................................................................................................ 31 D. LANDSCAPING .......................................................................................................................................... 31 E. GRADING AND DRAINAGE ........................................................................................................................ 31 F. TEMPORARY STRUCTURES ........................................................................................................................ 32 G. GARAGES .................................................................................................................................................. 32 H. MINIMUM SQUARE FOOTAGE ................................................................................................................... 32 ARTICLE XI. VARIANCES ........................................................................................................................... 32 ARTICLE XII. LIMITATION OF LIABILITY ............................................................................................. 33 ARTICLE XIII. ASSESSMENTS ....................................................................................................................... 33

................................................ 33 ARTICLE XIII. ASSESSMENTS ....................................................................................................................... 33 A. CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS .................................................. 33 B. ANNUAL ASSESSMENTS ............................................................................................................................ 34 1. Purpose .................................................................................................................................................... 34 2. Creation ................................................................................................................................................... 34 3. Rate .......................................................................................................................................................... 34 4. Commencement ........................................................................................................................................ 35 5. Proration .................................................................................................................................................. 35 6. Levying of the Assessment ........................................................................................................................ 35 C. SPECIAL ASSESSMENT .............................................................................................................................. 36 D. CAPITALIZATION FEE AND RESERVE FUND CONTRIBUTION ...................................................................... 36

....................................................................... 36 D. CAPITALIZATION FEE AND RESERVE FUND CONTRIBUTION ...................................................................... 36 E. COLLECTION AND REMEDIES FOR ASSESSMENTS ...................................................................................... 3 7 F. SUBORDINATION OF THE LIEN TO PURCHASE MONEY MORTGAGES ......................................................... 38 G. NOTICE OF DELINQUENCY ........................................................................................................................ 38 ARTICLE XIV. GENERAL MAINTENANCE ................................................................................................ 38 A. DIMINUTION OF HAZARDS ........................................................................................................................ 38 B. LIABILITY, COST AND APPROVAL ............................................................................................................. 39 C. DAMAGE DUE TO FIRE OR OTHER CASUALTY .......................................................................................... 39 ARTICLE XV. GENERAL MAINTENANCE ................................................................................................ 39 A. GENERAL MAINTENANCE ......................................................................................................................... 39 B. LANDSCAPING .......................................................................................................................................... 40 C. DWELLING AND IMPROVEMENT EXTERIORS ............................................................................................. 40

.............................................................. 40 C. DWELLING AND IMPROVEMENT EXTERIORS ............................................................................................. 40 D. OTHERHAZARDS ...................................................................................................................................... 40 E. LIABILITY, COST AND APPROVAL ............................................................................................................ .40 ARTICLE XVI. PARTY WALLS ...................................................................................................................... 41 A. GENERAL RULES OF LAW TO APPLY ........................................................................................................ .41 B. SHARING OF REPAIR AND MAINTENANCE ................................................................................................ .41 C. DAMAGE AND DESTRUCTION ................................................................................................................... .41 D. WEATHERPROOFING ................................................................................................................................. 41 E. RIGHT TO CONTRIBUTION RUNS WITH LAND ............................................................................................ 41 F. FOUNDATION, FENCES ............................................................................................................................. .41 ARTICLE XVII. INSURANCE AND CASUALTY LOSSES ........................................................................... 41 A. INSURANCE ............................................................................................................................................... 41

..................................... 41 A. INSURANCE ............................................................................................................................................... 41 B. DAMAGE AND DESTRUCTION ................................................................................................................... .42 ARTICLE XVIII. MODIFICATION AND TERMINATION OF COVENANTS ........................................... .43 3 2020 -202000275366 10/07/2020 4:18PM Page 4 of 50 A. AMENDMENT BY DECLARANT .................................................................................................................. 43 ARTICLE XIX. ALTERNATE DISPUTE RESOLUTION ............................................................................. 44 A. DISPUTE RESOLUTION ............................................................................................................................. .44 B. OUTSIDEMEDIATOR ................................................................................................................................ .44 C. MEDIATION IS NOT A WAIVER ................................................................................................................. .45 D. ASSESSMENT COLLECTION AND LIEN FORECLOSURE .............................................................................. .45 ARTICLE XX. GENERAL PROVISIONS ...................................................................................................... 45

........................................................... .45 ARTICLE XX. GENERAL PROVISIONS ...................................................................................................... 45 A. SEVERABILITY .......................................................................................................................................... 45 B. COMPLIANCE WITH LAWS ........................................................................................................................ .45 C. GENDER AND NUMBER ............................................................................................................................. 45 D. HEADLINES ............................................................................................................................................... 45 E. GOVERNING LA w ..................................................................................................................................... 46 F. FINES FOR VIOLATIONS ........................................................................................................................... .46 G. BOOKS AND RECORDS ............................................................................................................................. .46 H. NOTICES ................................................................................................................................................... 46 I. MERGERS ................................................................................................................................................. .46 J. CURRENT ADDRESS AND OCCUPANTS ..................................................................................................... .46

......................................................... .46 J. CURRENT ADDRESS AND OCCUPANTS ..................................................................................................... .46 K. SECURITY ................................................................................................................................................. 46 L. VIEW IMPAIRMENT ................................................................................................................................... 47 M. VIDEO, DAT A AND COMMUNICATION SERVICE AGREEMENTS ................................................................. .4 7 N. OCCUPANTS BOUND ................................................................................................................................. 48 0. TRANSFER OF TITLE; RESALE CERTIFICATE; CERTIFICATE OF COMPLIANCE ........................................... .48 4 2020 -202000275366 10/07/2020 4:18PM Page 5 of 50 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR INTOWN AT LAS COLINAS STATION STATE OF TEXAS COUNTY OF DALLAS § § § This Declaration of Covenants, Conditions and Restrictions for Intown at Las Colinas Station is made on the date hereinafter set forth by Texas IntownHomes LLC, a Texas limited liability company, hereinafter referred to as the "Declarant".

WIT NE S SE TH: WHEREAS, Declarant is the owner of certain real property situated in Dallas County, Texas platted as Intown at Las Colinas Station, and being out of the William A. Downing Survey, Abstract No. 391, and Elizabeth Crockett Survey, Abstract No. 217 according to the plat thereof recorded as Instrument No. 201800104805 (the "Plat") in the Official Public Records of Dallas

ng Survey, Abstract No. 391, and Elizabeth Crockett Survey, Abstract No. 217 according to the plat thereof recorded as Instrument No. 201800104805 (the "Plat") in the Official Public Records of Dallas County, Texas (the "Property" and/or "Las Colinas Townhomes", which term(s) include additional land as same may be annexed into the Property and made subject to this Declaration, as defined hereinafter); and WHEREAS, Declarant desires to develop the Property as a residential community of single family Townhomes (defined below), and to provide and adopt a general plan of development including assessments, conditions, covenants, easements, reservations, and restrictions designed to govern the Property, as applicable; and WHEREAS, Declarant has deemed it desirable, for the efficient administration of the amenities in said Subdivision and enforcement of the Dedicatory Instruments (hereinafter defined), to create an Association (hereinafter defined) to which shall be delegated and assigned the authority to administer and enforce these assessments, conditions, covenants, easements, reservations and restrictions, including levying, collecting and disbursing the Assessments (hereinafter defined); and WHEREAS, there has been or will be incorporated one or more non-profit corporations created under the laws of the State of Texas, including the first being the Las Colinas Station Intown HOA, Inc. Declarant is hereby authorized to incorporate one or more entities to provide the functions of the Association. The directors of which Association either have or will establish certain Bylaws by which the Association shall be governed through its Board of Directors, for the purpose of exercising the functions aforesaid and any other duties as set out in the Bylaws and/or

ish certain Bylaws by which the Association shall be governed through its Board of Directors, for the purpose of exercising the functions aforesaid and any other duties as set out in the Bylaws and/or other Dedicatory Instruments (hereinafter defined).

NOW, THEREFORE, Declarant hereby declares that the Property shall be subject to the jurisdiction of the Association, and shall be developed, improved, sold, used and enjoyed in accordance with, and subject to the following plan of development, including the applicable Assessments, conditions, covenants, easements, reservations, and restrictions hereinafter set forth, all of which are hereby adopted for, and placed upon said Property and shall be covenants running with the land and be binding on all parties, now and at any time hereinafter having or claiming any 5 2020 -202000275366 10/07/2020 4:18PM Page 6 of 50 right, title or interest in the Property or any part thereof, their heirs, executors, administrators, successors and assigns, regardless of the source of, or the manner in which any such right, title or interest is or may be acquired, and shall inure to the benefit of each Owner of any part of the Property.

The Property is subject to this Declaration, which may be amended and/or supplemented from time to time. Additionally, the Property is subject to the Dedicatory Instruments. If any conflict exists between all or any portion of the Declaration and any Dedicatory Instrument, the more restrictive provision shall control.

ARTICLE I. DEFINITION OF TERMS The following words when used herein shall have the following meanings when capitalized (unless the context requires otherwise and then the term is not capitalized): A. "ARC" means the Architectural Review Committee established for the Property as set forth herein.

nings when capitalized (unless the context requires otherwise and then the term is not capitalized): A. "ARC" means the Architectural Review Committee established for the Property as set forth herein.

B. "Assessment" means the assessments levied against all Lots pursuant to this Declaration, an amendment hereto, or other Dedicatory Instrument, for the purposes set out herein/therein or any other charge authorized by this Declaration or other Dedicatory Instrument.

C. "Association" means one or more non-profit corporations, including its successors, assigns, or replacements, created under the laws of the State of Texas, with the first being the Las Colinas Station Intown HOA, Inc. Declarant is hereby authorized to incorporate one or more entities to provide the functions of the Association. No more than one such non-profit corporation shall be in existence at any one time, provided however, the formation of a sub-association is permitted. The Association is a Texas non-profit corporation that has jurisdiction over all properties located within the Subdivision, as same may be amended from time to time as additional property is annexed into the Subdivision as allowed under this Declaration. For purposes of clarity, when "Association" is used herein, that term includes the authority, rights, remedies and obligations of the nonprofit corporation, and the authority of the Board, as defined herein, to carry out the authority, rights, remedies and obligations of the Association.

D. "Board" means the Board of Directors of the Association as provided within the Bylaws.

E. "Builder" means an individual or entity that purchases a single or multiple Lots from the Declarant or its affiliates for the purpose of constructing Dwellings thereon, which

ded within the Bylaws.

E. "Builder" means an individual or entity that purchases a single or multiple Lots from the Declarant or its affiliates for the purpose of constructing Dwellings thereon, which Dwellings will be offered for sale to purchasers. "Builder" shall not include an individual or entity constructing additions onto a Dwelling already in existence, performing repairs or maintenance or re-constructing or replacing a Dwelling after demolition or destruction, either partial or complete.

6 2020 -202000275366 10/07/2020 4:18PM Page 7 of 50 F. "Bylaws" mean the Bylaws of the Association, as they may be amended from time to time.

G. "Common Area" means all real property owned in fee or held in easement, lease, or license by the Association, and any improvements thereon, for the common use and/or enjoyment of the Owners and shall include areas designated by the Declarant to be conveyed by deed or easement to the Association.

H. "Community Wide Standard" means the standard of conduct, maintenance, or other activity generally prevailing throughout Las Colinas Station. Such standards may be defined in the Guidelines or rules and regulations. Such standards may be specifically determined, and modified, by the Board, with the approval of Declarant during the Development Period.

I. "Declarant" means Texas IntownHomes LLC, a Texas limited liability company, its successors and assigns as same may be evidenced by a written instrument recorded in the Official Public Records of Dallas County, Texas.

J. "Declaration" means this Declaration of Covenants, Conditions and Restrictions for Intown at Las Colinas Station, which encumbers the Property, and any other property brought under the control of this Declaration, or any amendment thereto.

Covenants, Conditions and Restrictions for Intown at Las Colinas Station, which encumbers the Property, and any other property brought under the control of this Declaration, or any amendment thereto.

K. "Dedicatory Instruments" shall mean each document governing the establishment, maintenance and operation of the Subdivision, including but not limited to the Declaration, Bylaws, Certificate of Formation, and similar instruments governing the administration or operation of the Association, as well as any and all rules, Guidelines and policies, and any supplements or amendments to such documents, enforceable by the Association.

L. "Deed Restriction Violation" means any damage that an Owner or Occupant has caused to the Common Area or a condition on a Lot or an improvement located upon a Lot that does not comply with the terms and conditions of the Dedicatory Instruments covering the establishment, maintenance, and operation of the Subdivision. Failure to pay all amounts due and owing on a Lot shall also be considered a Deed Restriction Violation.

M. "Development Period" means the period of time that Declarant reserves the right to facilitate the development, construction and marketing of the Subdivision or the right to direct the size, shape and composition of the Subdivision, which retained rights shall be vested in the Declarant until Declarant no longer owns any portion of the Property or such time as Declarant assigns or relinquishes all of its retained rights.

N. "Dwelling" means a residential Townhome constructed on a Lot intended for single­ family residential use.

0. "Guidelines" means general, architectural, and/or builder guidelines, and application and review procedures, if any, that may set forth various standards relating to exterior

amily residential use.

0. "Guidelines" means general, architectural, and/or builder guidelines, and application and review procedures, if any, that may set forth various standards relating to exterior harmony of any and all improvements placed upon or constructed on any Lot and/or 7 2020 -202000275366 10/07/2020 4:18PM Page 8 of 50 construction types and aesthetics. There shall be no limitation on the scope of amendments to the Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Guidelines less restrictive. Guidelines are enforceable by the Board.

P. "Hardscape" shall include but not be limited to such items as rocks, landscape timbers, railroad ties, fountains, statuary, sculpture, terracing materials, lawn swings, and yard art.

Q. "Homesite" means a Lot upon which a single-family Dwelling may be erected subject to this Declaration.

R. "LCA" means the Las Colinas Association, Inc., a Texas nonprofit corporation having jurisdiction over the Townhome Lots.

S. "Lot" for purposes of this Declaration, means a parcel of the Property defined as one Lot by the Plat (or applicable plat if future sections are annexed into the Property) and/or any replat thereof recorded in the Official Public Records of Dallas County, Texas, and encumbered by this Declaration, and restricted to single-family residential use. Each Lot and the Owners thereof will be subject to the rights and duties of membership in the Association. There shall be an Assessment due for each Lot owned subject to the terms herein. No Lot may be further subdivided and separated into smaller Lots, and no portion less than all of any Lot shall be transferred or conveyed.

Notwithstanding anything contained herein to the contrary, this definition shall not

bdivided and separated into smaller Lots, and no portion less than all of any Lot shall be transferred or conveyed.

Notwithstanding anything contained herein to the contrary, this definition shall not include any Lot for so long as it is being used by Declarant as a model home Lot and/or a sales information center.

T. "Member" means a record Owner, as defined in this Article, subject to the provisions set forth in this Declaration.

U. "Member in Good Standing" shall mean Declarant and a Member (a) who is not delinquent in the payment of any Assessment against the Member's Lot or any interest, late charges, costs or reasonable attorney's fees added to such Assessment under the provisions of the Dedicatory Instruments or as provided by law, (b) who is not delinquent in payments made pursuant to a payment plan for Assessments, ( c) who has not caused damage to the Common Area, ( d) who does not have any condition on his Lot which violates any Dedicatory Instrument which has progressed to the stage of a written notice to the Owner of the Owner's right to request a hearing, if provided by law, to be held by the Association or its designated committee, or beyond, and which remains unresolved as of the date of determination of the Member's standing, (e) who has not failed to pay any fine levied against the Member and/or the Member's Lot pursuant to the Dedicatory Instruments, or (f) who has not failed to comply with all terms of a judgment obtained against the Member by the Association, including the payment of all sums due the Association by virtue of such judgment. If one Occupant of a particular Dwelling does not qualify as a Member in Good Standing, then all Occupants of such Dwelling shall not be considered as Members in Good Standing.

irtue of such judgment. If one Occupant of a particular Dwelling does not qualify as a Member in Good Standing, then all Occupants of such Dwelling shall not be considered as Members in Good Standing.

Additionally, if an Owner of multiple Lots does not qualify as a Member in Good 8 2020 -202000275366 10/07/2020 4:18PM Page 9 of 50 Standing as to one Lot, then such Owner shall not qualify as a Member in Good Standing as to all Lots owned by the Owner.

V. "Occupant" shall mean Owners, residents, tenants, lessees, guests, and invitees of any Lot or Dwelling within the Properties for any period of time.

W. "Outbuildings" shall mean and refer to structures such as (by way of example and not limitation) storage buildings, sheds, greenhouses, gazebos and shade trellises.

X. "Owner" means a record owner of any portion of the Property. Persons or entities holding title only as a lienholder shall not be an Owner for purposes of this Declaration.

Y. "Private Street" and/or "Private Streets" means the private streets shown on the Plat which shall be Common Areas.

Z. "Public View" shall mean a condition, structure, item or improvement located on a Lot that is openly visible from or by (i) an individual standing at ground level of at least one neighboring Lot (such neighboring Lot does not have to be adjacent to the Lot with any such condition, structure, item or improvement), (ii) a Common Area, or (iii) a street.

AA. "Special Assessment" means an Assessment levied pursuant to the terms set forth herein, for a specific purpose.

BB. "Subdivision," the "Property," and/or "Las Colinas Station Townhomes" means the Las Colinas Station Addition as shown on the Plat located in Dallas County, Texas.

The Subdivision may be supplemented if additional land is annexed into the

"Las Colinas Station Townhomes" means the Las Colinas Station Addition as shown on the Plat located in Dallas County, Texas.

The Subdivision may be supplemented if additional land is annexed into the Subdivision by the recording of an Annexation Agreement.

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

ARTICLE II. PURPOSE AND INTENT The Subdivision, as initially planned, is intended to be a single-family, residential development that is planned to feature residential uses and Townhomes. This Declaration shall serve as the means by which design, maintenance and use of the Property, and additional property made a part of the Subdivision, will be established.

9 2020 -202000275366 10/07/2020 4:18PM Page 10 of 50 ARTICLE III. PROPERTY SUBJECT TO RESTRICTIONS A. Property Initially Encumbered The Property that is initially encumbered by this Declaration and is therefore a part of the Subdivision is more particularly described on the Plat. Owners of the Property are Members of the Association and have executed this Declaration.

B. Annexation of Additional Property Without the joinder of any other Owners or Members, the Declarant reserves the exclusive right for twenty-five (25) years following the recording of this Declaration to annex any additional property into the Subdivision. Such annexation will be accomplished by the execution and filing for record of an annexation agreement setting forth the land being annexed and/or the specific

dditional property into the Subdivision. Such annexation will be accomplished by the execution and filing for record of an annexation agreement setting forth the land being annexed and/or the specific restrictions relating to such property, if different. Any annexation agreement may contain Assessments, covenants, conditions, restrictions and easements which apply only to the real property annexed and/or may create exceptions to, or otherwise modify, the terms of this Declaration as they may apply to the real property being annexed in order to reflect the different or unique character and/or intended use of such real property.

The right of the Declarant to annex land under this Section shall automatically pass to the Association upon the expiration of the twenty-five (25) year term granted above.

C. Deannexation of Property During the Development Period, the Declarant, without the joinder of any other Owners or Members, may deannex from the Subdivision any property owned by the Declarant. During the Development Period, property not owned by the Declarant may be deannexed with the prior written consent of the Declarant and the Owner thereof.

ARTICLE IV. ASSOCIATION MEMBERSHIP AND VOTING RIGHTS A. Eligibility Eligibility to vote or serve as a director or officer of the Board, after the expiration of the term of the initial Board shall be predicated upon that person being a Member of the Association.

Nothing contained herein creates a fiduciary duty owed by the Board to the Members of the Association.

B. Membership Declarant and every record Owner shall be a Member of the Association, excluding therefrom persons or entities holding an interest in the land merely as security for the performance

ion.

B. Membership Declarant and every record Owner shall be a Member of the Association, excluding therefrom persons or entities holding an interest in the land merely as security for the performance of an obligation (such as a mortgagee, or holder of any other lien against property), unless that holder of the security interest foreclosed and thereby became the Owner of the Lot(s).

Membership is appurtenant to and runs with the land. Membership is not severable as an individual right and cannot be separately conveyed to any party or entity. Any one (1) Owner shall have no more than one (1) Membership in the Association. All duties and obligations set forth in 10 2020 -202000275366 10/07/2020 4:18PM Page 11 of 50 this Declaration are the responsibility of each Member. No waiver of use of rights of enjoyment created by this Declaration shall relieve Members or their successors or assigns of such duties or obligations. Mandatory membership shall begin with the execution of this Declaration and pass with title to the land (regardless of any method of conveyance) to any subsequent grantee, successor, or assignee of Members. Members in Good Standing shall have the right to the use and enjoyment of the Common Area in the Subdivision. Owners who are not Members in Good Standing may be prohibited from utilizing Common Areas in the Subdivision.

C. Voting Rights The Association shall initially have two (2) classes of membership, being Class A Members and Class B Members, as follows: 1.

2. Class A Membership Class A Members shall be all Members with the exception of Class B Members, if any. Each Class A Member's voting rights shall be based on the number of Lots owned and shall be determined as follows: One ( 1) vote shall be granted to Class A Members for each Lot owned.

embers, if any. Each Class A Member's voting rights shall be based on the number of Lots owned and shall be determined as follows: One ( 1) vote shall be granted to Class A Members for each Lot owned.

Multiple Owners of any single Lot must vote in agreement (under any method they devise among themselves), but in no case shall such multiple Owners cast portions of votes. The vote attributable to any single Lot must be voted in the same manner (i.e. all Owners of the Lot for, or all Owners of the Lot against a particular issue) but in no event can there be more than one Class A vote cast per Lot.

Class B Membership Class B Members shall be the Declarant and any entity upon which Declarant, in its sole discretion, may confer Class B status in the Association. Declarant shall be entitled to three (3) times the total number of votes allocated to Class A Members.

The Declarant' s Class B Membership shall terminate upon the earliest to occur of the following: a. When Declarant no longer owns any real property within the Subdivision; or b. Such time as Declarant, in its sole discretion, so determines, provided however, that Declarant may assign its rights in whole or in part, permanent or temporary, at any time.

Declarant shall have the continuing right, at any time prior to the termination of Declarant's Class B Membership, without the joinder or consent of any other Owner, entity, lender or other Person, to confer Class B status in the Association on any Owner (with such Owner's consent), solely with respect to voting rights and/or Assessments (the "Conferral"). Provided, however, any such Conferral of Class B status does not have to be uniform as to all Class B Members. Declarant 11 2020 -202000275366 10/07/2020 4:18PM Page 12 of 50

sments (the "Conferral"). Provided, however, any such Conferral of Class B status does not have to be uniform as to all Class B Members. Declarant 11 2020 -202000275366 10/07/2020 4:18PM Page 12 of 50 shall evidence such Conferral of Class B status by filing in the Official Public Records of Dallas County, Texas, an instrument specifying the name and address of the party upon which Class B status has been conferred, setting forth a legal description for all of the real property to which such Class B conferral applies, and setting forth the terms of such Conferral. The Class B status so conferred by Declarant shall terminate and such Owner shall become a Class A Member of the Association, upon the earliest to occur of the following: a. Termination of Declarant's Class B status in the Association, as provided herein; or b. A material violation by such Class B Member of any terms and conditions of the Conferral which has not been cured after the Class B Member has received notice of such violation and has failed to cure such violation; or c. Expiration of the term of the Conferral, if any, provided in the Conferral.

Declarant shall retain the authority to appoint two-thirds (2/3) of the members of the Board of Directors of the Association until such time as Declarant no longer owns any portion of the Property.

Upon termination of Declarant's authority to appoint two-thirds (2/3) of the members of the Board of Directors of the Association, any remaining Class B Members shall be converted to Class A Members and elections shall be held to elect the members of the Board of Directors of the Association (who must be Members of the Association) pursuant to the provisions of the Certificate of Formation and the Bylaws of the Association. In the event Class B Membership

d of Directors of the Association (who must be Members of the Association) pursuant to the provisions of the Certificate of Formation and the Bylaws of the Association. In the event Class B Membership terminates pursuant to the above provisions, and thereafter additional property is annexed into the jurisdiction of the Association, which results in the Declarant owning property in the Subdivision, only Declarant's Class B Membership shall be restored (no other previously designated Class B membership shall be restored), until it again terminates as specified in (1 ), (2) or (3) above.

Notwithstanding anything contained herein to the contrary, the Declarant may assign, temporarily or permanently, all or a portion of its rights as Declarant to any person(s).

D. Voting Procedures Class A and Class B members shall exercise their votes as set out in the Dedicatory Instruments.

E. Right to Appoint/Elect Board of Directors Declarant retains the authority to appoint all members of the Board until not later than the tenth (10th) anniversary of the date this Declaration was recorded in the Official Public Records of Dallas County, Texas, at which time one-third (1/3) of the Board members (who must be Members of the Association) must be elected by the Owners other than the Declarant, as set forth in the Bylaws. After such anniversary, Declarant will retain the authority to appoint the remaining two-thirds (2/3) of the members of the Board until such time as Declarant no longer owns any portion of the Property. The Declarant may assign to the Association its authority to appoint some 12 2020 -202000275366 10/07/2020 4:18PM Page 13 of 50 or all ( as applicable) members of the Board, with such assignment evidenced by an instrument

ign to the Association its authority to appoint some 12 2020 -202000275366 10/07/2020 4:18PM Page 13 of 50 or all ( as applicable) members of the Board, with such assignment evidenced by an instrument recorded in the Official Public Records of Dallas County, Texas.

Upon termination of Declarant's authority to appoint two-thirds (2/3) of the members of the Board, any remaining Class B Members will be converted to Class A Members and elections will be held to elect the members of the Board (who must be Members of the Association) pursuant to the provisions of the Dedicatory Instruments of the Association. In the event Class B Membership terminates pursuant to the above provisions, and thereafter additional property is annexed into the jurisdiction of the Association, which results in the Declarant owning property in Las Colinas Station, only Declarant's Class B Membership will be restored (no other previously designated Class B Membership will be restored), until it again terminates as specified hereinabove. Notwithstanding anything contained herein to the contrary, the Declarant may assign, temporarily or permanently, all or a portion of its rights as Declarant to any person(s).

ARTICLE V. EFFECTIVE DATE OF DECLARATION This Declaration shall be effective as of the date this document is recorded in the Official Public Records of Dallas County, Texas.

ARTICLE VI. USE RESTRICTIONS Notwithstanding anything contained herein to the contrary, the provisions of this Article VI, "Use Restrictions" shall apply only to Lots and Townhomes unless other portions of the Property are specifically included in said provisions.

A. Single Family Residential Use Permitted; Leasing Homesites within the Property may only be used exclusively for single family residential

the Property are specifically included in said provisions.

A. Single Family Residential Use Permitted; Leasing Homesites within the Property may only be used exclusively for single family residential use. The term "single family residential use" as used herein refers not only to the architectural design of the Dwelling but also to the permitted number of inhabitants, which is limited to a single family, as defined below. Furthermore, "single family residential use" means the use of and improvement to a Lot with no more than one building designed and used for living, sleeping, cooking, and eating therein. As used herein, the term "single family residential use" specifically prohibits, without limitation, the use of a Lot for a duplex, apartment, multi-family dwellings, a garage apartment or any other apartment or for any multi-family use, vacation rental by Owner, boarding house, "Airbnb", bed and breakfast or for any business, professional or other commercial activity. In no case may a Lot contain more than one Dwelling. No building, Outbuilding or portion thereof may be constructed for income property or such that Occupants would occupy less than the entire Lot and/or Homesite.

No Dwelling may be occupied by more than one single family. By way of illustration, the following is an example of an approved single family: RESIDENT 1 AND RESIDENT 2 RESIDE IN DWELLING.

Additional approved residents are: a) children of either or both residents; b) no more than a total of 2 parents of the residents; 13 2020 -202000275366 10/07/2020 4:18PM Page 14 of 50 c) one unrelated person; and d) one household employee.

It is permitted for Owners to lease a Dwelling in the Subdivision, so long as Occupants are

3 2020 -202000275366 10/07/2020 4:18PM Page 14 of 50 c) one unrelated person; and d) one household employee.

It is permitted for Owners to lease a Dwelling in the Subdivision, so long as Occupants are leasing the entire land and improvements comprising the Homesite. No fraction or portion of any Dwelling may be leased or rented. "Leasing" for purposes of this Declaration, is defined as occupancy of a Dwelling for single family residential use by any person other than the Owner, for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity, or emolument. Provided, however, "leasing" for purposes of this Declaration does not include vacation rental by Owner, boarding house, "Airbnb", or bed and breakfast as such uses are strictly prohibited and are considered to be a business use. Leasing a Dwelling for single family residential use will not be considered a "business" (as set forth in detail hereinafter), provided that the Owner and any other Owners with whom such Owner is affiliated do not collectively lease or offer for lease more than one Dwelling at any time. This provision does not preclude the Association or an institutional lender from leasing a Dwelling upon taking title following foreclosure of its security interest in the Dwelling or upon acceptance of a deed in lieu of foreclosure.

All leases must be in writing and must contain such terms as the Board may prescribe from time to time. All leases must provide that they may be terminated in the event of a violation of the Declaration or the Dedicatory Instruments by an Occupant or Occupant's family, and the Board, in its sole discretion, may require termination by the Owner and eviction of the Occupant in such

n of the Declaration or the Dedicatory Instruments by an Occupant or Occupant's family, and the Board, in its sole discretion, may require termination by the Owner and eviction of the Occupant in such event. Rental or lease of the Lot and Dwelling will not relieve the Owner from compliance with this Declaration or the Dedicatory Instruments. The Board has the authority to adopt rules and/or a policy regarding the leasing of Lots and Dwellings within the Subdivision. Single family residential use does not include a Lease to tenants temporarily (less than ninety (90) days) or where the tenants do not intend to make the Lot and Dwelling their primary residence.

It is not the intent of this provision to exclude from a Lot any individual who is authorized to so remain by any state or federal law. If it is found that this provision is in violation of any law, then this provision will be interpreted to be as restrictive as possible to preserve as much of the original provision as allowed by law.

B. Non-Permitted Uses 1. No trade or business may be conducted in or from any Dwelling, Lot or Homesite, except such use within a Dwelling where (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Dwelling; (b) the business activity conforms to all governmental requirements and other Dedicatory Instruments applicable to the Property; ( c) the business activity does not involve visitation to the Dwelling or Homesite by clients, customers, suppliers or other business invitees or door-to-door solicitation of Occupants of the Subdivision; and ( d) the business activity is consistent with the residential character and use of the Property, does not constitute a

siness invitees or door-to-door solicitation of Occupants of the Subdivision; and ( d) the business activity is consistent with the residential character and use of the Property, does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Subdivision, as may be determined in the sole discretion of the Board. The uses set out in this Section 1 (a) through (d) are referred to singularly or collectively as an "Incidental Business Use." At no time may an Incidental Business Use cause increased 14 2020 -202000275366 10/07/2020 4:18PM Page 15 of 50 parking or traffic within the Subdivision. Any increased parking or traffic within the Subdivision as a result of an Incidental Business Use will be deemed to be a Deed Restriction Violation. A day-care facility, home day-care facility, church, nursery, pre­ school, beauty parlor, or barber shop or other similar facility, vacation rental by Owner, boarding house, "Airbnb", or bed and breakfast are expressly prohibited and are not considered to be an Incidental Business Use.

The terms "business" and "trade" as used in this provision are construed to have their ordinary, generally accepted meanings and include, without limitation, any occupation, work or activity undertaken on an ongoing basis that involves the manufacture or provision of goods or services for or to persons other than the Occupant's family, regardless of whether: (i) such activity is engaged in full or part-time; (ii) such activity is intended to or does not generate a profit; or (iii) a license is required therefor. This Section does not apply to any activity conducted by the Declarant, or by a Builder with approval

ch activity is intended to or does not generate a profit; or (iii) a license is required therefor. This Section does not apply to any activity conducted by the Declarant, or by a Builder with approval of the Declarant, with respect to its development and sale of the Property. Garage sales, attic sales, moving sales, or yard sales ( or any similar vending of merchandise) conducted on any Homesite more than once per year will be considered business activity and therefore prohibited. The Association may, but is not required to, adopt rules and regulations regarding such sales. Notwithstanding anything contained herein to the contrary, estate sales are expressly prohibited.

2. No livestock, domestic or wild animals, nor plants or crops may be raised on any Homesite, Lot, or any portion of the Property for the purpose of breeding or selling same, whether for profit or not. Exchange of such animals, plants or produce for anything of value to the seller will constitute a sale of the merchandise and therefore prohibited under this provision.

C. Animals and Pets No animals, livestock, including swine or poultry of any kind, shall be raised, bred, or kept on any portion of the Subdivision, except that dogs, cats, or other usual and common household pets, not to exceed a total of two (2) pets, may be permitted in or on a Homesite or in a Dwelling.

The foregoing limitation on number of pets shall not apply to hamsters, small birds, fish or other constantly caged animals kept inside the Dwelling, nor shall it apply to require the removal of any litter born to a permitted pet prior to the time that the animals in such litter are three (3) months old. No pets are permitted to roam free. No animals or pets shall be kept, bred, or maintained for

litter born to a permitted pet prior to the time that the animals in such litter are three (3) months old. No pets are permitted to roam free. No animals or pets shall be kept, bred, or maintained for any commercial purpose. Dogs and cats shall at all times whenever they are outside a Dwelling and/or fence, be confined on a leash which must be held by a responsible person.

D. Antennas No exterior antenna, aerial, satellite dish, or other apparatus for the reception of television, radio, satellite or other signals of any kind may be placed, erected, or maintained on a Lot if visible from Public View, unless it is impossible to receive an acceptable quality signal from any other location. However, in that event, the receiving device may be placed in the least visible location where reception of an acceptable quality signal may be received. The Board may require painting or screening of the receiving device if painting or screening does not substantially interfere with 15 2020 -202000275366 10/07/2020 4:18PM Page 16 of 50 an acceptable quality signal. In no event are the following devices permitted: (i) satellite dishes, which are larger than one ( 1) meter in diameter; (ii) broadcast antenna masts, which exceed the height of the center ridge of the roofline; and (iii) MMDS antenna masts, which exceed the height of twelve feet (12') above the center ridge of the roofline. No exterior antenna, aerial, satellite dish, or other apparatus which transmits television, radio, satellite or other signals of any kind are permitted on a Lot. This section is intended to comply with the Telecommunications Act of 1996 (the "Act"), as the Act may be amended from time to time, and FCC regulations promulgated under

kind are permitted on a Lot. This section is intended to comply with the Telecommunications Act of 1996 (the "Act"), as the Act may be amended from time to time, and FCC regulations promulgated under the Act. This section is to be interpreted as restrictive as possible while not violating the Act or FCC regulations. The Board may promulgate Guidelines which further define, restrict or address the placement and screening of receiving devices and masts, provided such Guidelines are in compliance with the Act and applicable FCC regulations.

Declarant and the Association shall have the right, without the obligation, to erect an aerial, satellite dish, or other apparatus ( of any size) for a master antenna, cable, or other communication system for the benefit of all or any portion of the Subdivision, should any master system or systems require such exterior apparatus.

E. Basketball Goals and Backboards No basketball goal, net and/or backboard may be kept, placed or mounted upon any Lot or kept, placed, attached or mounted to any fence or Dwelling without prior written approval by the ARC. All basketball goals and/or backboards are subject to the Guidelines as to type, location, and hours of use. All basketball goals and/or backboards shall at all times be maintained and kept in good condition. If any basketball goal, net and/or backboard is placed within the Property in violation of this Declaration, the Association or its agents shall be authorized to exercise its Self Help remedy, as set forth in this Declaration, to bring the Owner's Lot into compliance with this prov1s1on.

F. Drilling No drilling or related operations of any kind shall be permitted upon, under, on or in any

, as set forth in this Declaration, to bring the Owner's Lot into compliance with this prov1s1on.

F. Drilling No drilling or related operations of any kind shall be permitted upon, under, on or in any Lot, nor shall any wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot, including water wells for potable or non-potable uses. Provided, however, the Declarant, the Association and/or the municipal utility district ( or other entity owning such land) has the right to drill water wells for non-potable uses upon the Common Area and Area of Common Responsibility (with any such land owner's approval) for purposes including, but not limited to, irrigation of Common Areas.

G. Exterior Seasonal Decorations The display of exterior seasonal decorations, by way of illustration but not limited to lights, banners, flags, wreaths, are subject to reasonable rules and regulations, if any, promulgated by the Board. Such rules may address the appearance and length of time of such display. Such display must be maintained and kept in good condition at all times. If any exterior seasonal decorations are placed, or remain, within the Subdivision in violation of this Declaration or the Dedicatory Instruments, the Board or its agents are authorized to exercise its Self Help remedy, to bring the Owner's Lot into compliance with this provision.

16 2020 -202000275366 10/07/2020 4:18PM Page 17 of 50 H. Flags and Flagpoles The size, number, and placement of flagpoles, and the display of flags within the Subdivision, shall be subject to any applicable Guidelines, rules or policies adopted by the Board.

The Declarant, by promulgating this Section, is not attempting to violate any local, state or federal

ubdivision, shall be subject to any applicable Guidelines, rules or policies adopted by the Board.

The Declarant, by promulgating this Section, is not attempting to violate any local, state or federal law. This Section shall be interpreted to be as restrictive as possible while not violating any laws of the State of Texas and/or the United States of America.

I. General Nuisances No portion of the Subdivision may be used, in whole or in part, for the storage of any property or thing that will cause it to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor may any substance, thing, animal, or material be kept upon any portion of the Subdivision that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, comfort, or serenity of the Owners and/or Occupants of surrounding Lots and users of the Common Areas.

No noxious, illegal, or offensive activity may be carried on upon any portion of the Subdivision, nor may anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any portion of the Subdivision. There may not be maintained any plants, animals, device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of the Subdivision. No outside burning of wood (except for wood burned in approved outdoor fire pits and fireplaces), leaves, trash, garbage or household refuse may be permitted within the Subdivision. No speaker, horn, whistle, bell or other sound device, except alarm devices used exclusively for residential monitoring purposes, may be installed or operated on the Property,

within the Subdivision. No speaker, horn, whistle, bell or other sound device, except alarm devices used exclusively for residential monitoring purposes, may be installed or operated on the Property, unless required by federal, state or local regulation. The use and discharge of firecrackers and other fireworks is prohibited within the Subdivision.

It is the responsibility of each Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition on his or her Lot or Homesite. The pursuit of hobbies or other visible activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, that might tend to cause disorderly, unsightly, or unkempt conditions, may not be pursued or undertaken on any part of the Subdivision. Notwithstanding the above, the disassembly and assembly of motor vehicles to perform repair work may be permitted provided such activities are not conducted on a regular or frequent basis, and are either conducted entirely within an enclosed garage or, if conducted outside, are begun and completed within twelve (12) hours.

Notwithstanding anything contained herein to the contrary, the Association has the right but not the obligation to enter upon any Common Area and/or street right-of-way and remove signs not authorized by the Board in advance, and/or to regulate (including, but not limited to, the prohibition of) street vending and similar non-approved activities.

No portion of the Subdivision may be used, in whole or in part, in a way that creates a nuisance within the Subdivision. Activities or conditions constituting a nuisance are incapable of

d activities.

No portion of the Subdivision may be used, in whole or in part, in a way that creates a nuisance within the Subdivision. Activities or conditions constituting a nuisance are incapable of exhaustive definition which will fit all cases, but they can include those activities and conditions 17 2020 -202000275366 10/07/2020 4:18PM Page 18 of 50 that endanger life or health, give unreasonable offense to senses, or obstruct reasonable use of property. Those activities or conditions that cause minor and/or infrequent disturbances resulting from ordinary life activities within a deed restricted community are not intended to constitute a nuisance. Whether such activity or condition constitutes a nuisance will be determined by the Board in its sole discretion. The Board may adopt rules or policies to further define what constitutes a nuisance, as warranted.

J. Generators The size, number, placement, and other characteristics of standby electric generators within the Subdivision are subject to any applicable Guidelines, rules or policies adopted by the Board.

K. Monuments and Fences The Declarant and/or the Association, including their respective designees, are hereby granted an easement to place, maintain and repair a monument or marker within the Subdivision.

Fencing on all Lots within the Subdivision shall be as set forth in the Guidelines or other Dedicatory Instrument and shall be subject to prior written approval by the ARC. Unless otherwise set forth herein or in another Dedicatory Instrument, Owners shall be responsible for the maintenance, repair and/or replacement of all fences in existence on their Lot at the time of their purchase of the Lot. Replacement fences shall be of a similar material and design as originally

the maintenance, repair and/or replacement of all fences in existence on their Lot at the time of their purchase of the Lot. Replacement fences shall be of a similar material and design as originally constructed. The maintenance of any portion of a fence which lies between Lots shall be the joint responsibility of the Lot Owners on whose property the fence lies between. In the event an Owner fails to repair, replace or maintain any fence in a manner consistent with the Community Wide Standard in the sole discretion of the Board, the Board may exercise its Self Help remedy pursuant to the terms set forth in this Declaration, and shall have the right, but not the obligation, through its agents, contractors and/or employees to enter such Lot for the repair and/or replacement of such fence after notice to the Owner. Any expense incurred by the Association in effectuating such repairs/replacement shall be the responsibility of the Owner(s) having such obligation to maintain, or will be split evenly between adjoining Lot Owners if a common fence is involved, and shall be secured by the continuing lien on the Lot.

L. Outbuildings Outbuildings may not be constructed or placed on a Lot within the Subdivision without the prior written approval of the ARC. Reasonable Guidelines may be established from time to time addressing factors including, but not limited to, the appearance, type, size, quality and location of Outbuildings on a Lot.

M. Outside Storage and Trash Collection No equipment, machinery, or materials of any kind or nature may be stored on any Homesite forward of the fence at the front wall of the Dwelling situated thereon, unless the equipment, machinery or material is being used temporarily (not more than one week) and is

be stored on any Homesite forward of the fence at the front wall of the Dwelling situated thereon, unless the equipment, machinery or material is being used temporarily (not more than one week) and is incident to repair or construction of the Dwelling or Homesite. All equipment, machinery, and materials must be properly stored out of sight of every other Homesite immediately after use of 18 2020 -202000275366 10/07/2020 4:18PM Page 19 of 50 such item, and all trash, debris, excess, or unused materials or supplies must likewise be disposed of immediately off of the Homesite, or stored out of view until trash collection occurs.

Trash may only be placed outside for collection the evening before collection. Such trash must be contained to protect from animals or spillage and trash cans must be removed from sight the same evening of collection. No outdoor incinerators are permitted on any Lot.

N. Parking and Prohibited Vehicles No commercial vehicles or non-motorized vehicles, by way of example and not limitation, tow trucks, plumbing or similar service type vans or trucks, boat, trailer, marine craft, recreational vehicle, camper rig off of truck, hovercraft, aircraft, machinery or equipment of any kind may be parked or stored on any part of any Lot, easement, or right-of-way, unless such vehicle or object is completely concealed from Public View inside a garage or enclosure approved by the ARC.

Passenger automobiles, passenger vans, motorcycles, or pick-up trucks that: (a) are in operating condition; (b) are qualified by current vehicle registration and inspection stickers; ( c) are currently licensed and in daily use as motor vehicles on the streets and highways of the State of Texas; (d) do not exceed Eighty inches (80") in height, or One Hundred inches (100") in width

( c) are currently licensed and in daily use as motor vehicles on the streets and highways of the State of Texas; (d) do not exceed Eighty inches (80") in height, or One Hundred inches (100") in width and ( e) have no advertising or signs located thereon, may be parked in the driveway on a Lot, however, no vehicle may be parked so as to obstruct or block a sidewalk or be parked on a grassy area. The restriction concerning advertising and signs does not apply to any vehicles, machinery, or equipment temporarily parked and in use for the construction, repair or maintenance of a Dwelling in the immediate vicinity. Storage means the parking of a vehicle for the shorter of: (i) seventy-two (72) consecutive hours or (ii) seven (7) days in any calendar month, whichever occurs first.

Vehicles to be parked on a Homesite must meet the restrictions of this Declaration and the Dedicatory Instruments, and at all times be operable (unless otherwise completely concealed in an enclosed garage), have current license tags, current state inspection stickers, and comply with current mandatory insurance under the laws of the State of Texas. Any vehicle not in daily use as a motor vehicle on the streets and highways of the State of Texas and not in compliance with the foregoing shall be considered stored on the property and such storage is strictly prohibited unless same is completely concealed in an enclosed garage. A vehicle that cannot physically fit within the designed garage of the Dwelling with the door closed will be construed as a vehicle not incident to residential use of a Homesite. Additional rules and regulations for the use, maintenance and parking on private and/or public streets may be promulgated by the Board.

rued as a vehicle not incident to residential use of a Homesite. Additional rules and regulations for the use, maintenance and parking on private and/or public streets may be promulgated by the Board.

Recreational vehicles, such as mobile homes, motor homes, campers, and boats are not considered vehicles incident to the residential use of a Homesite and therefore are not permitted to be stored outside of the garage or ARC approved enclosure on a Homesite for any period of time greater than forty-eight ( 48) hours. A recreational vehicle with not more than two (2) axles may be parked in front of or on the Homesite for up to forty-eight ( 48) hours for loading, and unloading only. Parking of any vehicle other than in a driveway or within an enclosed garage of a Homesite or other paved area provided for parking is expressly prohibited.

19 2020 -202000275366 10/07/2020 4:18PM Page 20 of 50 Notwithstanding anything contained herein to the contrary, the Board may promulgate parking rules which may change the dimensions of permitted vehicles and/or the length of time for temporary parking or storage of vehicles. If there is a conflict between this Section and parking rules promulgated by the Board, the parking rules shall control.

0. Play Structures Play Structures (as defined herein) may not be constructed or placed on a Lot within the Subdivision without the prior written approval of the ARC. Guidelines may be established from time to time regarding play forts, play houses, swing sets and other recreational equipment ("Play Structures"), taking into account such factors including but not limited to the overall height, size, location and number of Play Structures placed on a Lot. In setting the Guidelines, factors including

ructures"), taking into account such factors including but not limited to the overall height, size, location and number of Play Structures placed on a Lot. In setting the Guidelines, factors including but not limited to the size and configuration of the Lot, the location of the Lot in the community, the location of the Play Structure on the Lot, the type of fencing on the Lot and visibility of the Play Structure from streets, other Lots, or the Common Areas may be taken into account.

P. Screening No Owner or Occupant of any portion of the Property shall permit the keeping of articles, goods, materials, utility boxes, refuse, trash, storage tanks, or like equipment on the Property which may be considered a nuisance or hazard in the sole discretion of the Board. Air conditioners, utility boxes, garbage containers, antennas to the extent reasonably possible and pursuant to the terms set forth herein, or like equipment, may not be kept in Public View and must be placed in a location first approved in writing by the ARC. Such screen must be of a height at least equal to that of the materials or equipment being stored, but in no event may such screen be more than six feet (6') in height. Added screening must also be provided to shield such stored materials and equipment from grade view from adjacent Dwellings or Common Area. Utility boxes must be screened so that they are not visible from the street and as may be set out in the Guidelines. A combination of trees, hedges, shrubs or fences should be used as screening material, as same may be set out in the Guidelines. All screening designs, locations, and materials are subject to prior written ARC approval. Any such screening installed must be maintained in a clean and neat manner at all times,

t in the Guidelines. All screening designs, locations, and materials are subject to prior written ARC approval. Any such screening installed must be maintained in a clean and neat manner at all times, and may not detract from the appearance of the Subdivision.

Q. Signs No sign or emblem of any kind may be kept or placed upon any Lot or mounted, painted or attached to any Dwelling, fence or other improvement upon such Lot so as to be visible from Public View except the following: 1. For Sale Signs. An Owner may erect one (1) sign on his Lot, not exceeding 2'x3' in area, fastened only to a stake in the ground and extending not more than three (3 ') feet above the surface of such Lot advertising the property for sale.

2. Political Signs. Pursuant to Texas Property Code §202.009, or its successor statute, political signs are approved as temporary signage on Lots for all local, state, or federal election purposes, provided that they meet the following criteria: 20 2020 -202000275366 10/07/2020 4:18PM Page 21 of 50 (a) Maximum sign size cannot exceed 4 feet by 6 feet.

(b) Signs must be ground-mounted. No sign can be mounted on any exterior part of the dwelling, garages, patios, fences or walls.

( c) Signs may be posted not more than 90 days prior to the election and must be removed within 10 days after the election.

( d) Signs may not contain roofing material, siding, paving materials, flora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component.

(e) No sign can be attached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing structure or object.

(f) No sign may involve the painting of architectural surfaces.

tached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing structure or object.

(f) No sign may involve the painting of architectural surfaces.

(g) No sign may threaten the public health or safety or violate a law.

(h) No sign may contain language, graphics or any display that would be offensive to the ordinary person.

(i) No sign may be accompanied by music or other sounds or by streamers or is otherwise distracting to motorists.

(i) Political signs are prohibited on any Common Area or facilities owned by the Association, including any public street right of way utility easements.

(k) Only one sign per candidate or ballot item shall be allowed 3. School Spirit Signs. Signs containing information about one or more students residing in the Dwelling and the school they attend are permitted so long as the sign is not more than 36" x 36" and is fastened only to a stake in the ground. There may be no more than one sign for each student residing in the Dwelling, and said signs may not be displayed more than ten (10) days in any calendar month, for more than three (3) months in a calendar year.

4. Security Signs/Stickers. Signs or stickers provided to an Owner by a commercial security or alarm company providing service to the Dwelling are permitted so long as the sign is not more than 8" x 8" or the sticker is no more than 4" x 4". There may be no more than one sign and no more than six ( 6) stickers located on the windows or doors. Stickers may also be permitted upon windows and doors for a "Child Find" program or a similar program sponsored by a local police and/or local fire department.

All signs and emblems within the Subdivision are subject to Guidelines that may be promulgated by the Board and/or the ARC.

a similar program sponsored by a local police and/or local fire department.

All signs and emblems within the Subdivision are subject to Guidelines that may be promulgated by the Board and/or the ARC.

A Builder and/or the Declarant may place certain information and advertising signs on Lots without the prior permission of the ARC, so long as such signs are similar to those listed as acceptable for Builder use in the Guidelines, and so long as such signs do not otherwise violate this Declaration.

If any sign is placed within the Subdivision, including but not limited to the streets, street rights-of-way, and Common Areas, in violation of this Declaration or the Dedicatory Instruments, the Board or its agents have the right but not the obligation to enter upon any Lot, Homesite, street, street right-of-way, or Common Areas and remove and/or dispose of any such sign violation, and 21 2020 -202000275366 10/07/2020 4:18PM Page 22 of 50 in doing so are not subject to any liability for trespass, other tort or damages in connection with or arising from such entry, removal and/or disposal nor in any way will the Association or its agent be liable for any accounting or other claim for such action.

Guidelines may be established from time to time addressing the display of signs, including but not limited to billboards, posters, school activities, political signs, security signs/stickers and advertising devices within the Subdivision. The right is reserved by Declarant to construct and maintain, or to allow Builders to construct and maintain signs and other advertising devices on land they own and on the Common Area as is customary in connection with the sale of developed tracts and newly constructed residential Dwellings. In addition, the Declarant and the Association

ices on land they own and on the Common Area as is customary in connection with the sale of developed tracts and newly constructed residential Dwellings. In addition, the Declarant and the Association shall have the right to erect and maintain directional and informational signs along the streets within the Property and identifying signs and monuments at entrances to the Subdivision.

R. Swimming Pools/Spas No above ground swimming pools are permitted. All swimming pools and spas require prior written approval by the ARC as set forth herein.

S. Tree Removal No trees greater than three (3) caliper inches to be measured at a point six (6) inches above grade may be removed, except for diseased or dead trees and trees needing to be removed to promote the growth of other trees or for safety reasons, unless approved in writing by the ARC.

In the event of an intentional or unintentional violation of this Section, the violator may be required to replace the removed tree with one (1) or more comparable trees of such size and number, and in such locations, as the Board may determine necessary, in its sole discretion, to mitigate the damage.

T. Window Air Conditioning Units No window or wall type air conditioners are permitted to be used, placed or maintained on or in any building on the Lots, with the exception that window or wall type air conditioners may be permitted for the benefit of a garage if such air conditioning unit is located at the rear of the garage unit and is screened from Public View. All window air conditioning units require prior written ARC approval as set forth herein.

All livings areas within the home, including any room additions, must be centrally air­ conditioned, unless otherwise approved by the ARC. Units that are alternatives to centrally air­

t forth herein.

All livings areas within the home, including any room additions, must be centrally air­ conditioned, unless otherwise approved by the ARC. Units that are alternatives to centrally air­ conditioned units must be screened from Public View, and will require ARC approval.

U. Wind Turbines No device used to convert wind into energy, including by way of illustration and not limitation, wind turbines, wind pumps, wind chargers and windmills, are permitted to be used, placed or maintained in any location within the Subdivision. Provided, however, this provision does not apply to Common Areas within the Subdivision. The Board has the sole discretion to determine what devices are prohibited pursuant to this provision.

22 2020 -202000275366 10/07/2020 4:18PM Page 23 of 50 V. Window Treatments Within three (3) months of occupying a Dwelling on any Homesite, an Owner must install appropriate window treatments in keeping with the Community Wide Standard. Appropriate window treatments would include, by way of illustration and not limitation, curtains and draperies with backing material of white, light beige, cream, light tan, or light gray; blinds or mini blinds of the same colors or natural wood; and/or shutters of the same colors or natural wood. No other window treatment color may be visible from the exterior of the Dwelling. The Board has the sole discretion to determine what window treatments are appropriate.

Expressly prohibited both before and after the initial three (3) months of occupancy are any temporary or disposable coverings not consistent with the Community Wide Standard, such as reflective materials, newspapers, shower curtains, fabric not sewn into finished curtains or

ccupancy are any temporary or disposable coverings not consistent with the Community Wide Standard, such as reflective materials, newspapers, shower curtains, fabric not sewn into finished curtains or draperies, other paper, plastic, cardboard, or other materials not expressly made for or commonly used by the general public for window coverings in a residential subdivision of the same caliber as the Subdivision.

ARTICLE VII. COMMON AREA The Board, subject to the rights of the Members set forth in this Declaration and any amendments thereto, is responsible for the exclusive management and control of the Common Area, if any, and all improvements thereon and must keep it in good, clean, attractive and sanitary condition. No Owner or Occupant may appropriate any portion of the Common Area or any improvement thereon for his or her own exclusive use. Any Owner or Occupant that causes damage to the Common Area will be held financially responsible for said damage. The cost of repair, if not timely paid by the Owner (subject to any notice that may be required by law), will be assessed against the Owner's Lot and secured by the continuing lien set forth in this Declaration.

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

be improved or unimproved and may consist of fee simple title, easements, leases, licenses, or other real or personal property interests. Real property transferred to the Association by the Declarant, or its designees, may be transferred via a deed without warranty; provided, however, the property shall be transferred free and clear of all liens and mortgages at the time of such transfer. Upon the Declarant's written request, the Association must reconvey to the Declarant any real property that the Declarant originally conveyed to the Association for no payment, to the extent conveyed in error or needed to make minor adjustments in property lines or accommodate changes in the development plan.

Owners hereby covenant (i) not to possess any Common Area in any manner adverse to the Association, and (ii) not to claim or assert any interest or title in any Common Area. Owners hereby waive their right to adversely possess any Common Area, and hereby acknowledge and agree that any claim of adverse possession by an Owner of any Common Area is void.

23 2020 -202000275366 10/07/2020 4:18PM Page 24 of 50 ARTICLE VIII. NOTICES AND EASEMENTS A. Easements for Green Belt, Common Area and Other Landscape Reserves The Declarant and Association reserve for themselves and their successors, assigns and designees the non-exclusive right and easement, but not the obligation, to enter upon the green belts, and landscape reserves (if any) located within the Property (a) to install, keep, maintain and replace pumps in order to obtain water for the irrigation of any of the Common Area and (b) to remove trash and other debris and fulfill their maintenance responsibilities as provided in this Declaration. Declarant' s rights and easements hereunder will automatically terminate at such time

) to remove trash and other debris and fulfill their maintenance responsibilities as provided in this Declaration. Declarant' s rights and easements hereunder will automatically terminate at such time as Declarant ceases to own any portion of the Property subject to the Declaration. The Declarant, the Association, and their designees have an access easement over and across any portion of the Property abutting the Private Streets, or containing any portion of any of the green belts and landscape reserves to the extent reasonably necessary to exercise their rights and responsibilities under this Declaration.

There is further reserved, for the benefit ofDeclarant, the Association, and their designees, a perpetual, non-exclusive right and easement of access and encroachment over Common Areas in order to enter upon and across such portions of the Property for the purpose of exercising rights and performing obligations under this Declaration. All persons entitled to exercise these easements must use reasonable care in, and repair any damage resulting from, the intentional exercise of such easements. Nothing herein shall be construed to make Declarant or any other person or entity liable for damage resulting from flood due to hurricanes, heavy rainfall, or other natural disasters.

There is further reserved for the Declarant, the Association and/or their designees an easement for the over spray of herbicides, fungicides, pesticides, fertilizers, and water over portions of the Subdivision located adjacent to the Common Area, any landscape/open space reserves, or greenbelts.

B. Easements to Serve Additional Property The Declarant and Association, including their duly authorized agents, representatives, and

the Common Area, any landscape/open space reserves, or greenbelts.

B. Easements to Serve Additional Property The Declarant and Association, including their duly authorized agents, representatives, and employees, designees, successors, assignees, licensees and mortgagees, shall have and there is hereby reserved an easement over the Common Areas for the purposes of enjoyment, use, access and development of any annexed property, whether or not such Property is made subject to this Declaration. This easement includes but is not limited to a right of ingress and egress over the Common Areas for construction of roads and for tying in and installation of utilities on any annexed property.

Declarant agrees that if an easement is exercised for permanent access to any annexed property and such property or any portion thereof is not made subject to this Declaration, the Declarant shall enter into a reasonable agreement with the Association to share the cost of maintenance to any access roadway serving the property. Such agreement shall provide for sharing of costs based on the ratio that the number of Dwellings or buildings on that portion of the property that is served by the easement and is not made subject to this Declaration bears to the total number of Dwellings and buildings within the Subdivision.

24 2020 -202000275366 10/07/2020 4:18PM Page 25 of 50 C. Utilities and General There are hereby reserved unto Declarant, so long as the Declarant owns any Property, the Association, and the designees of each (which may include, without limitation, Dallas County and any utility companies) access and maintenance easements upon, across, over, and under all of the Property to the extent reasonably necessary for the purpose of replacing, repairing, and maintaining

nd any utility companies) access and maintenance easements upon, across, over, and under all of the Property to the extent reasonably necessary for the purpose of replacing, repairing, and maintaining any or all of the following which may exist now or in the future: cable television systems, master television antenna systems, monitoring and similar systems, roads, walkways, bicycle pathways, wetlands, drainage systems, street lights, signage, and all utilities, including, but not limited to, water, sewers, meter boxes, telephone, gas, and electricity, and for the purpose of installing any of the foregoing on Property that Declarant owns or within easements designated for such purposes on recorded plats of the Property. Notwithstanding anything to the contrary herein, this easement shall not entitle the holders to construct or install any of the foregoing systems, facilities, or utilities over, under or through any existing Dwelling; any damage to a Lot resulting from the exercise of this easement shall promptly be repaired by, and at the expense of, the person or entity exercising the easement. The exercise of this easement shall not unreasonably interfere with the use of any Lot.

Without limiting the generality of the foregoing, there are hereby reserved for the local water supplier, electric company, cable company and natural gas supplier easements across all the Common Areas for ingress, egress, installation, reading, replacing, repairing and maintaining utility meters boxes, installation equipment, service equipment, and any other device, machinery or equipment necessary for the proper functioning of the utility; however, the exercise of this easement shall not extend to unauthorized entry into the Dwelling on any Lot, except in an

ce, machinery or equipment necessary for the proper functioning of the utility; however, the exercise of this easement shall not extend to unauthorized entry into the Dwelling on any Lot, except in an emergency. Notwithstanding anything to the contrary contained in this Section, no sewers, electrical lines, water lines, or other utilities may be installed or relocated on the Property, except as may be approved by the Board or Declarant.

D. Private Streets Owners are hereby advised that the streets located within the Subdivision will be private, dedicated or to be dedicated to the Association for the use of the Owners, occupants, and authorized guests and public service providers of the Subdivision, and maintained by the Association. The Association shall have sole discretion to determine whether maintenance, repairs or replacement of the private streets is to be performed. The private streets will not be dedicated to the public, any municipal body or public authority. Owners of Lots within the Subdivision are advised that they have a continued and ongoing obligation to pay Assessments, as set forth in detail herein, that will cover, in part, the costs for maintenance, repair and replacement of the private streets within the Subdivision.

The Board has the right to adopt rules and regulations concerning parking on the private streets within the Subdivision, as well as the right to designate no parking zones denoted with signage or paint on the private streets. Declarant hereby reserves for itself, its successors and assigns, the right to grant additional ingress and egress easements over the private streets within the Subdivision without the joinder of any Owners or any other parties.

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nt additional ingress and egress easements over the private streets within the Subdivision without the joinder of any Owners or any other parties.

25 2020 -202000275366 10/07/2020 4:18PM Page 26 of 50 Declarant hereby grants and reserves for itself, the Association, and their respective successors and assigns, and for the benefit of the Owners and occupants of Lots within the Subdivision, a non-exclusive and perpetual easement for the purpose of vehicular and pedestrian ingress and egress over any private streets that exist within the Subdivision. This easement is for the benefit of and appurtenant to each Lot within the Subdivision and shall run with the land. Each Owner of a Lot within the Subdivision has the right to use the private streets in a manner that does not unreasonably interfere with or prevent the use thereof by any other Owner or any other party which may have the right to use same pursuant to the terms hereof.

Each Owner of a Lot in the Subdivision hereby grants to Declarant and to the Association ( as well as public utility providers, as applicable), and the designees of each, an easement across the private streets, along with an additional six ( 6) feet on each side of the private streets, for the maintenance, repair, or replacement of the private streets and related improvements, provided that such easement shall not in any event extend into or beyond the foundation or exterior walls of any Townhome or garage. After maintenance, repair or replacement of the private streets and related improvements, the entity exercising this easement shall return the Lots to their condition prior to the maintenance, repair or replacement, at the entity's expense.

The access easement hereby created is subject to the right of the Association to operate and

eturn the Lots to their condition prior to the maintenance, repair or replacement, at the entity's expense.

The access easement hereby created is subject to the right of the Association to operate and maintain any entry gates, as applicable, as a controlled access system which requires a condition of entry such as identification cards, passes, keys, or similar devices as may be established from time to time by the Board. The access easement hereby created is further subject to the right of the Board to promulgate rules and regulations regarding access to and use of the private streets.

E. Dallas/Fort Worth International Airport Owners of Lots within the Subdivision are advised near to, but outside the platted area, there exists the Dallas/Fort Worth International Airport ("DFW"), which is currently an operating airport. Owners agree to hold harmless the Declarant and the Association, and their respective successors and assigns, and release them from any liability for the existence, operation, and maintenance of DFW and agree to indemnify the parties released from any damages they may sustain. Such release includes, but is not limited to, any damages to Owner's Homesite such as noise, vibration, fumes, dust, fuel, and lubricant particles, and all other effects that may be caused by the maintenance of aircraft or aircraft engines, and the operation of aircraft landing at, taking off from, or operating at or on DFW. Owners further grant an easement to the Declarant and the Association for any incidental noise, lighting, odors, and traffic which may occur in the normal operation and maintenance of the airport.

ARTICLE IX. DEED RESTRICTION ENFORCEMENT A. Authority to Promulgate Rules, Policies and Guidelines

lighting, odors, and traffic which may occur in the normal operation and maintenance of the airport.

ARTICLE IX. DEED RESTRICTION ENFORCEMENT A. Authority to Promulgate Rules, Policies and Guidelines The Board has the authority, without the obligation, to promulgate, amend, cancel, limit, create exceptions to, and enforce reasonable rules, policies, and Guidelines, including but not limited to rules and policies concerning the administration of the Property, the enforcement of the Dedicatory Instruments, the use and enjoyment of the Property, limitations on the use of the Common Area, establishing and setting the amount of fines for violations of the Dedicatory 26 2020 -202000275366 10/07/2020 4:18PM Page 27 of 50 Instruments and all fees and costs generated in the enforcement of the Dedicatory Instruments.

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

B. Attorney's Fees and Fines In addition to all other remedies that may be available, after g1vmg notice and an opportunity to be heard as may be required by §209 of the Texas Property Code, as same may be amended, the Association has the right to collect attorney's fees and/or fines as set by the Board from any Owner that is in violation of the Dedicatory Instruments, any applicable amendments, any Guidelines, or any other rule or regulation promulgated by the Board pursuant to the provisions set forth herein. Said attorney's fees and fines shall be added to the violating Owner's Assessment account and shall be secured by the continuing lien on the Lot.

C. Remedies Every Owner shall comply with all provisions of the Dedicatory Instruments. Failure to

d to the violating Owner's Assessment account and shall be secured by the continuing lien on the Lot.

C. Remedies Every Owner shall comply with all provisions of the Dedicatory Instruments. Failure to comply shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the Association. In addition, the Board has the authority, but not the obligation, to enforce the covenants, conditions and restrictions contained in the Dedicatory Instruments, and to regulate the use, maintenance, repair replacement, modification, and appearance of the Subdivision, and may avail itself of any and all remedies provided in the Dedicatory Instruments and local, state and Federal law. Notwithstanding anything contained herein to the contrary, the Board shall have no duty, legal or otherwise, to institute legal or other proceedings on behalf of or in the name of an Owner.

The decision to pursue enforcement action in any particular case is left to the Board's sole discretion. Without limiting the generality of the foregoing sentence, the Board may determine that, under the circumstances of a particular case: (i) the Association's position is not strong enough to justify taking any or further action; (ii) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable person or to justify expending the Association's resources; or (iii) that it is not in the Association's best interests, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action.

Such decision may not be construed a waiver of the Association's right to enforce such provision

st interests, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action.

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

27 2020 -202000275366 10/07/2020 4:18PM Page 28 of 50 D. Enforcement by Owners Each Lot Owner is empowered to enforce the covenants, conditions and restrictions contained in the Dedicatory Instruments; provided, however, no Owner shall have the right to enforce the lien rights retained in this Declaration in favor of the Association and/or other rights, regarding Assessments, retained by the Association.

E. Self Help "Self Help" means the authority, but not the obligation, of the Association, upon approval of not less than a majority of the Board members, to enter upon a Lot or Homesite and cause to be performed any of the Owner's maintenance and repair obligations, or acts required by that Owner to bring his/her Lot or Homesite into compliance with the Dedicatory Instruments, if said Owner fails to perform same after written demand from the Board. In exercising its Self Help remedy, the Association is not subject to any liability for trespass, other tort or damages in connection with or arising from such exercise of Self Help, or in any way is the Association or its agent liable for any accounting or other claim for such action. The Association has the right, but not the obligation, to enter into any Lot for emergency, security, and safety reasons, and to inspect for the purpose of ensuring compliance with the Dedicatory Instruments, which right may be exercised by the Association's Board, officers, agents, employees, managers, and all policemen, firemen,

pect for the purpose of ensuring compliance with the Dedicatory Instruments, which right may be exercised by the Association's Board, officers, agents, employees, managers, and all policemen, firemen, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in the case of emergency situations, and as otherwise specified herein, the Association must give the violating Owner notice as may be required by law, of its intent to exercise Self Help.

Subject to any notice that may be required by law, any costs incurred by the Association in the exercise of its Self Help remedy are the personal obligation of the person or entity who was the Owner of the Lot at the time when the Self Help costs were incurred. Subject to any notice that may be required by law, the costs incurred by the Association in exercising its Self Help remedy, which costs may include by way of illustration and not limitation, the actual costs incurred by the Association and an administrative fee set by the Board, may be charged to the subject Owner's Assessment account and are supported by the continuing lien created herein.

ARTICLE X. ARCHITECTURAL RESTRICTIONS NOTE WELL: The provisions of this Article are broad and sweeping and an extremely wide range of activities are regulated hereby. Owners are advised to review this Article and the Guidelines carefully to ensure that they comply with all of the requirements before commencing any work or engaging in any activity on or in connection with their Lot or Dwelling to ensure they comply with all of the provisions set forth herein and in the Guidelines. Work commenced, performed, or completed without prior approval as required herein, in the Guidelines, or otherwise in violation of the terms of the Dedicatory

s set forth herein and in the Guidelines. Work commenced, performed, or completed without prior approval as required herein, in the Guidelines, or otherwise in violation of the terms of the Dedicatory Instruments, or applicable law may subject the Owner of the Lot to substantial costs, expenses, fees, and penalties, which may be in addition to a requirement that the Lot and/or Dwelling be restored to its original condition. All references herein to ARC approval, shall mean the prior written approval of the ARC.

28 2020 -202000275366 10/07/2020 4:18PM Page 29 of 50 A. Architectural Review Committee -"ARC" The ARC is a committee of the Board. In the absence of a designation by the Declarant, the initial ARC is composed of the individuals designated as the initial members of the Board as set forth in the Association's Certificate of Formation; provided however, the Declarant has the sole authority to designate all members of the ARC who need not be members of the Board. One member of the ARC may be designated as the representative to act on behalf of the ARC. During the Development Period, the Declarant reserves the right to appoint replacements as necessary by reason of resignation, removal or incapacity. The Declarant hereby retains the right of ARC appointment and removal until the first to occur of the following: 1. the Declarant no longer owns any portion of the Property, or 2. the Declarant so desires to relinquish its authority over ARC appointment At such time, the Board of the Association shall have the right to replace such ARC members by duly appointing Owners who are Members in Good Standing with the Association.

The Board reserves the right to appoint replacements as necessary by reason of resignation,

to replace such ARC members by duly appointing Owners who are Members in Good Standing with the Association.

The Board reserves the right to appoint replacements as necessary by reason of resignation, removal or incapacity. Such removal and/or appointment shall be at the sole authority and discretion of the Board and the Board shall have the right to review any action or non-action taken by the ARC and shall be the final authority.

At any time prior to the happening of (1) or (2) above, the Declarant may, without obligation, assign to the Board, or such other person the Declarant deems appropriate, all or a portion of Declarant's ARC rights and/or the responsibility for review and approval of modifications to existing Dwellings.

Guidelines may be promulgated and amended by the Declarant during the Development Period. After the expiration of the Development Period, Guidelines may be promulgated and amended by the Board. Provided however, any such amendments may not be applied retroactively to reverse a prior approval granted by the ARC or the Board to any Owner. Guidelines may be modified or amended as deemed necessary and appropriate for the orderly development of the Subdivision, including, but not limited to, those portions of the Guidelines regarding workmanship, materials, building methods, observance of requirements concerning installation and maintenance of public utility facilities and services, and compliance with governmental regulations. Subject to the provisions herein, there is no limitation on the scope of amendments to the Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Guidelines less restrictive. The rules, standards, and procedures set forth in the

of amendments to the Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Guidelines less restrictive. The rules, standards, and procedures set forth in the Guidelines, as same may be amended from time to time, are binding and enforceable against each Owner in the same manner as any Dedicatory Instrument. Further, different Guidelines for additional property that may be annexed into the Property may be promulgated.

The ARC has the authority, but not the obligation, to delegate review and approval or denial of plans for modifications of existing improvements within the Subdivision to a Modifications Committee. The members of the Modifications Committee shall be appointed, and may be removed, by the Declarant during the Development Period, and thereafter by the Board. A denial by the Modifications Committee, if it is created, may be appealed to the ARC.

29 2020 -202000275366 10/07/2020 4:18PM Page 30 of 50 B. ARC Approval Required No buildings, Hardscape, additions, modifications (including tree removal) or improvements may be erected, placed or performed on any Lot or Homesite until the construction plans and specifications including, but not limited to, the site plan, design development plan, and exterior plan have been submitted in duplicate to and approved in writing by the ARC as hereinafter provided. Builders may submit their design plans as master design plans, which plans must include all specifications, including specifications as to brick color and paint color that may be used when building each design. In the event the ARC fails to approve such plans and specifications within thirty (30) days after the receipt thereof, they shall be deemed to be

aint color that may be used when building each design. In the event the ARC fails to approve such plans and specifications within thirty (30) days after the receipt thereof, they shall be deemed to be disapproved. In no case may construction begin prior to approval of plans by the ARC. If plans are disapproved, no construction can commence until revised plans are submitted and approved by the ARC. The Board has the right to establish and charge a review fee, to be paid at the time of submittal of plans and any revisions. If a fee is set and not paid, the thirty (30) day time period set out herein shall not begin to run until the fee is paid.

The ARC is hereby vested with the right, but not the obligation, to refuse to review a request for an improvement or modification, or to deny such a request, if the Owner requesting same is not a Member in Good Standing. The Board, on behalf of the ARC, may retain and/or delegate review of plans and specifications to a designated AIA architect or other such person or firm as may be designated by the Board, experienced or qualified to review same, who may then render an opinion to the ARC or Board. Approval of plans and specifications shall not cover or include approval for any other purpose and specifically, but without limitation, shall not be construed as any representation as to or responsibility for the structural design or engineering of the improvement or the ultimate construction thereof.

The Board has the authority hereunder to require any Owner or Owner's agents or contractors to cease and desist in constructing or altering any improvements on any Homesite, where such actions have not first been reviewed and approved, constitute a violation of the

er's agents or contractors to cease and desist in constructing or altering any improvements on any Homesite, where such actions have not first been reviewed and approved, constitute a violation of the Dedicatory Instruments or any other documents promulgated by the Board pursuant to the provisions set forth herein. Written notice may be delivered to the Owner, or any agent or contractor with apparent authority to accept same, and such notice is binding on Owner as if actually delivered to Owner. The violating Owner must remove such violating improvements or sitework at its sole expense and without delay, returning same to its original condition or bringing the Homesite into compliance with the Dedicatory Instruments and any plans and specifications approved by the ARC for construction on that Homesite. If an Owner proceeds with construction that is not approved by the ARC, or that is a variance of the approved plans, the Association may assess fines as provided for herein, and may continue to assess such fines until ARC approval is granted or the violation is removed. This Declaration is notice of such liability for violation and Owners hereby agree to bear the cost and expense to cure any violations according to this provision, regardless of the substantial cost, time or loss of business involved. Each Owner acknowledges that it may not always be possible to identify objectionable features of proposed construction or alteration of improvements until such construction and/or alteration is completed, in which case it may be unreasonable to require changes to the improvements involved; however, the ARC may refuse to approve similar proposals in the future.

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se it may be unreasonable to require changes to the improvements involved; however, the ARC may refuse to approve similar proposals in the future.

30 2020 -202000275366 10/07/2020 4:18PM Page 31 of 50 The Board or its agents or assigns have the right, but not the obligation, to enter any Lot or Homesite to determine if violations of this Declaration, the Guidelines, or any other Dedicatory Instrument exist. In so doing, the Board or its agents or assigns is not be subject to any liability for trespass, other tort or damages in connection with or arising from such entry nor in any way shall the Association or its agent be liable for any accounting or other claim for such action.

The ARC has the right to set reasonable time constraints for both the commencement and completion of construction, which constraints shall be no less than ninety (90) days to commence construction and no more than nine (9) months to complete construction. If construction fails to start before the designated commencement date or is not completed before the designated completion date the plans shall be deemed not approved. Plan approval is effective for twelve ( 12) months after issued by the ARC. If no construction has been commenced within the twelve (12) month period after ARC approval, the plan approval will expire, and plans must be re-submitted prior to commencement of construction.

C. Building Setbacks No Dwelling or other structure (including any protrusion from same) shall be erected nearer to any street or property line than as established herein, in an amendment hereto, in the Guidelines or the applicable plat or other Dedicatory Instrument. In the event there is a conflict between the Guidelines, this Declaration, any other documents imposed upon the Property that contain a

uidelines or the applicable plat or other Dedicatory Instrument. In the event there is a conflict between the Guidelines, this Declaration, any other documents imposed upon the Property that contain a setback requirement, and the applicable plat, the more restrictive will control. Notwithstanding anything to the contrary herein, in no case shall any setback on any Lot be less than the width of any easement existing on a Lot, as shown on the applicable plat. All Dwellings shall be oriented to the front of the Lot. All Lots shall have a minimum rear setback of the width of any easement.

Setbacks for Townhomes are as established in the Guidelines or the Plat.

D. Landscaping All open, unpaved space on the front and sides of a Homesite shall be planted and landscaped. Landscaping in accordance with the plans approved by the ARC must be installed prior to occupancy of any Dwelling constructed on the Property. Any significant changes in the existing landscaping on any Lot must have prior written approval from the ARC.

Notwithstanding anything contained herein to the contrary, landscaping mm1mum standards may be established in the Guidelines. The ARC has discretion to determine if, as, or when the landscaping on a Lot does not meet the minimum standards established in the Guidelines.

E. Grading and Drainage Topography of each and every Lot must be maintained with proper grading and drainage systems such that runoff of water (rain or other precipitation, or manmade irrigation) does not cause undue erosion of the subject Lot itself or any other Lots, whether adjacent to the subject Lot or not, or to the Common Areas. Owners causing (either directly or indirectly) erosion or other incidental damage to personal or real property due to inadequate or defective grading or drainage

ct Lot or not, or to the Common Areas. Owners causing (either directly or indirectly) erosion or other incidental damage to personal or real property due to inadequate or defective grading or drainage measures on their own Lot, or because of excess runoff shall be liable to all such damaged parties for the replacement, repair and/or restoration of such damaged real or personal property.

31 2020 -202000275366 10/07/2020 4:18PM Page 32 of 50 Owners are responsible for ensuring that all local, state and federal rules and regulations regarding drainage and run-off are met.

F. Temporary Structures Temporary structures may only be erected on undeveloped Property by Builders with the prior written approval of the ARC, or the Declarant. By way of illustration and not limitation, temporary structures may include construction trailers and temporary construction debris receptacles. All temporary structures must be maintained in good condition and all construction debris must be contained on the site. Time limitations for such structures are limited to the period of active and exclusive construction and sales within the Subdivision.

G. Garages Townhomes must at all times have either attached or detached garages. Garages are required to maintain fully operational overhead doors which are in good condition at all times. No garages may be used for or converted to a living area.

H. Minimum Square Footage All Dwellings must contain a minimum of 1200 square feet of living area which shall not include porches, garages or non-air conditioned areas.

Notwithstanding anything contained herein to the contrary, the Declarant hereby reserves the unilateral right to develop the Subdivision, and/or any additional property which may be

conditioned areas.

Notwithstanding anything contained herein to the contrary, the Declarant hereby reserves the unilateral right to develop the Subdivision, and/or any additional property which may be subjected to this Declaration, in any manner consistent with residential use, including but not limited to Dwellings which may contain higher or lower square footage in other portions of the Subdivision.

ARTICLE XI. VARIANCES The Board, or its duly authorized representative, may authorize variances from compliance with any of the architectural provisions of this Declaration or Dedicatory Instruments, unless specifically prohibited, including restrictions upon height, size, placement of structures, or similar restrictions, when circumstances such as topography, natural obstruction, hardship, aesthetic, or environmental considerations may require. Such variances must be evidenced in writing, must be approved by at least a majority of the Board, and shall become effective upon execution. The variance must be signed by a member of the Board and recorded in the Official Public Records of Real Property of Dallas County, Texas. If such variances are granted, no violation of the covenants, conditions, or restrictions contained in this Declaration and/or the Dedicatory Instruments shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration and/or the Dedicatory Instruments for any purpose except as to the particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all applicable governmental laws and regulations.

any purpose except as to the particular provision hereof covered by the variance, nor shall it affect in any way the Owner's obligation to comply with all applicable governmental laws and regulations.

No granting of a variance shall be relied on by any Member or Owner, or any other person or entity (whether privy or party to the subject variance or not), as a precedent in requesting or 32 2020 -202000275366 10/07/2020 4:18PM Page 33 of 50 assuming variance as to any other matter of potential or actual enforcement of any provision of this Declaration and/or the Dedicatory Instruments. Action of the Board in granting or denying a variance is a decision based expressly on one unique set of circumstances and need not be duplicated for any other request by any party or the same party for any reason whatsoever.

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

ARTICLE XII. LIMITATION OF LIABILITY NEITHER DECLARANT, THE ASSOCIATION, THE ARC, THE BOARD, NOR ANY OF THE RESPECTIVE OFFICERS, AGENTS, MANAGERS, PARTNERS, DIRECTORS, SUCCESSORS OR ASSIGNS OF THE FOREGOING, SHALL BE LIABLE IN DAMAGES OR OTHERWISE TO ANYONE WHO SUBMITS MATTERS FOR APPROVAL TO ANY OF THE ABOVE-MENTIONED PARTIES, OR TO ANY OWNER AFFECTED BY THIS DECLARATION AND THE DEDICATORY INSTRUMENTS BY REASON OF MISTAKE OF JUDGMENT, NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL, DISAPPROVAL, OR FAILURE TO APPROVE OR DISAPPROVE ANY MATTERS REQUIRING APPROVAL HEREUNDER. APPROVAL BY THE ARC, THE BOARD, OR THE

NCE, OR NONFEASANCE ARISING OUT OF OR IN CONNECTION WITH THE APPROVAL, DISAPPROVAL, OR FAILURE TO APPROVE OR DISAPPROVE ANY MATTERS REQUIRING APPROVAL HEREUNDER. APPROVAL BY THE ARC, THE BOARD, OR THE ASSOCIATION, OR ANY OF THEIR RESPECTIVE OFFICERS, PARTNERS, DIRECTORS, AGENTS, MANAGERS, SUCCESSORS OR ASSIGNS, IS NOT INTENDED AS ANY KIND OF WARRANTY OR GUARANTEE AS TO THE INTEGRITY OR WORKABILITY OF THE PLANS NOR THE CONTRACTORS USED.

ARTICLE XIII. ASSESSMENTS A. Creation of the Lien and Personal Obligation of Assessments The Owners of any Lot, by virtue of ownership of Property within the Subdivision, covenant and agree to pay to the Association all applicable assessments and any fines, penalties, interest and costs as more particularly set forth in this Declaration and any Dedicatory Instrument, including but not limited to the following: 1. Annual Assessment 2. Special Assessment 3. Capitalization Fee The Annual Assessment, Special Assessment, and Capitalization Fee (each defined hereinafter) and any other assessment or charge set forth in this Declaration or a Dedicatory Instrument (collectively the "Assessment"), together with attorney's fees, late fees, interest and costs shall be a charge and continuing lien in favor of the Association upon the Homesite and/or Lot against which each such Assessment is made. Each such Assessment, together with attorney's fees, late fees, interest and costs, shall also be the personal obligation of the person or entity who was the Owner of the land at the time when the Assessment became due. No diminution or abatement of Assessments or set-off shall be claimed or allowed by reason of any alleged failure of the Association or Board to take some action or perform some function required to be taken or

ion or abatement of Assessments or set-off shall be claimed or allowed by reason of any alleged failure of the Association or Board to take some action or perform some function required to be taken or performed by the Association or the Board under this Declaration, or for inconvenience or 33 2020 -202000275366 10/07/2020 4:18PM Page 34 of 50 discomfort arising from the making of repairs or improvements which are the responsibility of the Association. The obligation to pay Assessments is a separate covenant on the part of each Owner of a Lot.

B. Annual Assessments 1. Purpose The Lots within the Subdivision shall be subject to the "Annual Assessment".

Annual Assessments levied by the Association shall be used for any legal purpose for the benefit of the Subdivision as determined by the Board and, in particular, may, by way of example and not limitation or obligation, include maintenance, repair or improvement of any Common Area, private streets, sidewalks, pathways, fountains, parkways, esplanades, setbacks and entryways, patrol service, street cleaning, street lighting, mosquito control, landscape architecture, greenbelts, fences or walls, regulatory signage or directional signage, signalization, special pavement markings, entrances and entrance monuments, public or private art or sculptures, other services as may be in the Property's and Owners' interest and all buildings, services, improvements and facilities deemed necessary or desirable by the Board in connection with the administration, management, control or operation of the Subdivision. The Association may, in its sole discretion, give one or more of the purposes set forth herein preference over other purposes, and it is agreed that all

ement, control or operation of the Subdivision. The Association may, in its sole discretion, give one or more of the purposes set forth herein preference over other purposes, and it is agreed that all expenses incurred and expenditures and decisions made by the Association in good faith shall be binding and conclusive on all Members. Esplanades, setbacks and entryways that are not contained in any Common Area may be included in the Association's maintenance if, in the sole discretion of the Board, the maintenance of such areas benefits the Association's Members. Such share agreements for maintenance and improvement shall require the consent of a majority of the total number of directors of the Association.

Additionally, Annual Assessments levied by the Association may be used, in the sole discretion of the Board, to pay the Association's fair allocation for costs related to the participation in any agreement with other property owners associations or with owners or operators of nearby property for the benefit of Association Members, such as to consolidate services, reduce costs, and provide consistency and economy of scale. Approval to enter such agreements shall require a majority vote of the Board, and the Board may act unilaterally to negotiate, execute, modify, or terminate such contractual arrangements.

2. Creation Payment of the Annual Assessment shall be the obligation of each Owner, subject to the provisions below, and shall constitute a lien on the Homesite, or Lot(s), binding and enforceable as provided in this Declaration.

3. Rate The initial Annual Assessment established by the Association may not exceed One Thousand Eight Hundred Sixty Dollars and No/100 ($1,860.00) per Lot, which is initially

ded in this Declaration.

3. Rate The initial Annual Assessment established by the Association may not exceed One Thousand Eight Hundred Sixty Dollars and No/100 ($1,860.00) per Lot, which is initially planned to be billed monthly at the rate of One Hundred Fifty-Five Dollars and No/100 ($155.00). The combining of two or more Lots shall not forgive the obligation of the 34 2020 -202000275366 10/07/2020 4:18PM Page 35 of 50 Owner( s) of such combined Lots to pay Annual Assessments on all Lots so combined. By way of example and not limitation, if two Lots are combined to create one Homesite, the Homesite shall be obligated to pay two Annual Assessments. Declarant shall elect annually to pay the deficit between the total approved operating budget for the year less the total amount due by Class A Members (the "Deficit"), or elect to pay Annual Assessments, so long as there is a Deficit, at the rate of fifty percent (50%) of the amount assessed Class A Members for each Lot owned. Notwithstanding anything contained herein to the contrary, the Declarant is hereby vested with the authority, without the obligation, to elect to pay the lesser of the options set forth in the previous sentence, even if the option selected results in the Declarant owing nothing. The Declarant's obligation to fund the deficit shall automatically terminate without further action or consent by any party, when Declarant no longer owns a Lot. Declarant is required to provide written notice to the Board each year by September 1st of the elected option. Failure to provide such notice will result in Declarant being billed in the manner of the last option taken by Declarant. If no option has ever been taken by Declarant, then Declarant shall be billed the difference between the

tice will result in Declarant being billed in the manner of the last option taken by Declarant. If no option has ever been taken by Declarant, then Declarant shall be billed the difference between the total approved operating budget for the year less the total amount due by Class A Members.

A Builder shall be responsible to pay fifty percent (50%) of the Annual Assessment of other Lot Owners, for the period of time that the Builder owns a Lot. Notwithstanding anything contained herein to the contrary, any Lot being used by Declarant as a model home or sales office Lot shall not be subject to any Assessments created herein. Upon conveyance of such model home or sales office Lot to a purchaser, said Lot shall thereafter be subject to all Assessments and charges provided for in this Declaration and as secured by the lien created herein.

4. Commencement For purposes of calculation, the initial Annual Assessment for a Lot shall commence on the date of closing.

5. Proration An Owner's initial Annual Assessment, calculated on a monthly basis (which will initially be One Hundred Fifty-Five Dollars and No/100 [$155.00]) shall be paid for three months in advance at closing, regardless of the number of days remaining in that calendar month.

6. Levying of the Assessment The Annual Assessment shall be levied at the sole discretion of the Board. The Board may elect to make the Annual Assessment payable other than annually. The Board has discretion as to whether the payment period (semi-annually, quarterly or monthly) is to be applied uniformly as to all Owners or in a customized manner as to a particular Owner(s). The Board shall determine the due date and delinquency date attached to any such payment period. The Board shall determine the sufficiency or insufficiency of the

d manner as to a particular Owner(s). The Board shall determine the due date and delinquency date attached to any such payment period. The Board shall determine the sufficiency or insufficiency of the then-current Annual Assessment to reasonably meet the expenses for providing services and capital improvements in the Subdivision and may, at its sole discretion and without a vote by the Members, increase the Annual Assessment in an amount up to ten percent 35 2020 -202000275366 10/07/2020 4:18PM Page 36 of 50 (10%) annually. The Annual Assessment may only be increased by more than ten percent (10%) annually if such increase is approved by Owners of a majority of the Lots present, in person or by proxy, at a meeting called for said purpose at which a quorum is present in person or by proxy. The Annual Assessment shall not be adjusted more than once in a calendar year nor shall any increase be construed to take effect retroactively, unless otherwise approved by Owners of a majority of the Lots subject to such Annual Assessments present at a meeting called for said purpose at which a quorum is present in person or by proxy.

Annual Assessments shall be paid in such manner and on such dates as the Board may establish, which may include discounts for early payment or similar time/price and method of payment differentials. The Board may require advance payment of Annual Assessments at closing of the transfer of title to a Lot, and impose special requirements for Owners with a history of delinquent payment.

C. Special Assessment In addition to the Annual Assessment authorized above, the Association may levy a "Special Assessment" applicable to that year only for the purpose of defraying in whole or in part

Special Assessment In addition to the Annual Assessment authorized above, the Association may levy a "Special Assessment" applicable to that year only for the purpose of defraying in whole or in part the cost of any construction, reconstruction, modification, repair or replacement of a capital improvement in the Common Area, or any unbudgeted expenses or expenses in excess of those budgeted, unusual, infrequent expense benefiting the Association, provided that any such Special Assessment shall have the approval of both (i) the Owners of a majority of the Lots present at a meeting duly called for this purpose at which a quorum is present in person or by proxy; and (ii) the written approval of the Declarant during the Development Period. Such Special Assessments will be due and payable as set forth in the resolution authorizing such Special Assessment and shall be levied only against those Owners subject to the Annual Assessment as set forth hereinabove and shall be prorated in accordance therewith. The Association, if it so chooses, may levy a Special Assessment against only those Lots benefited by or using the capital improvement for which the Special Assessment is being levied. Special Assessments shall be due upon presentment of an invoice, or copy thereof, for the same to the last-known address of the Owner.

Declarant shall not be obligated to pay Special Assessments.

D. Capitalization Fee and Reserve Fund Contribution Each purchaser of a Lot within the Subdivision, other than the Declarant, hereby covenants and agrees to pay to the Association a capitalization fee, which shall initially be Two Hundred Fifty and 00/100 Dollars ($250.00) (the "Capitalization Fee" unless otherwise

eclarant, hereby covenants and agrees to pay to the Association a capitalization fee, which shall initially be Two Hundred Fifty and 00/100 Dollars ($250.00) (the "Capitalization Fee" unless otherwise determined by the Board. Such Capitalization Fee is payable to the Association at the closing of the transfer of title to a Lot and shall not be prorated. The Capitalization Fee is in addition to, not in lieu of, the monthly payments of the Annual Assessment and is not considered an advance payment of any portion of the Annual Assessment. The payment of the Capitalization Fee is secured by the continuing lien set forth herein and are collected in the same manner as Assessments.

By way of illustration: if a purchaser closes on the purchase of a Lot on June 15th, that purchaser shall pay to the Association a total amount of $715.00 at closing. The $715.00 to be 36 2020 -202000275366 10/07/2020 4:18PM Page 37 of 50 paid at closing is comprised of the June, July and August Assessments ($465.00) plus the $250.00 contribution to the reserve fund. The purchaser will be obligated to pay monthly Assessments thereafter commencing on September 1st of that year The transferring Owner must notify the Association's Secretary, or managing agent, of a pending title transfer at least seven days prior to the transfer. Such notice must include the name of the purchaser, the date of title transfer, and other information as the Board may require.

E. Collection and Remedies for Assessments 1. The Assessments provided for in this Declaration, together with attorneys' fees, interest, late fees and costs as necessary for collection, shall be a charge on and a continuing lien upon the land in favor of the Association against which each such Assessment is made.

rneys' fees, interest, late fees and costs as necessary for collection, shall be a charge on and a continuing lien upon the land in favor of the Association against which each such Assessment is made.

Each such Assessment, together with attorney's fees, interest, late fees, and costs, shall also be the personal obligation of the Owner of the Lot at the time the Assessment became due.

2. Any Assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the lesser of (I) eighteen percent (18%) or (2) the maximum non-usurious rate of interest. No Owner may waive or otherwise escape liability for the Assessments provided for in this Declaration by reason of non-use or abandonment.

3. In order to secure the payment of the Assessments hereby levied, a lien is hereby created in favor of the Association and shall run with title to each Lot in the Subdivision, which lien may be foreclosed upon by the Association pursuant to the laws of the State of Texas; each Owner grants a power of sale to the Association to sell such property upon default in payment by any amount owed. Alternatively, the Association may judicially foreclose the lien or maintain an action at law to collect the amount owed.

4. The President of the Association, or his or her designee, is hereby appointed Trustee to exercise the Association's power of sale. Trustee shall not incur any personal liability hereunder except for his or her own willful misconduct.

5. Although no further action is required to create or perfect the lien, the Association may, as further evidence give notice of the lien, by executing and recording a document setting forth notice that delinquent sums are due the Association at the time such document

ien, the Association may, as further evidence give notice of the lien, by executing and recording a document setting forth notice that delinquent sums are due the Association at the time such document is executed and the fact that a lien exists to secure the repayment thereof. However, the failure of the Association to execute and record any such document shall not, to any extent, affect the validity, enforceability, or priority of the lien. If required by law, the Association shall also give notice and an opportunity to cure the delinquency to any holder of a lien that is inferior or subordinate to the Association's lien, pursuant to Section 209.0091 of the Texas Property Code, or its successor statute.

6. In the event the Association has determined to foreclose its lien provided herein, and to exercise the power of sale hereby granted, such foreclosure shall be accomplished pursuant to the requirements of Sections 209.0091 and 209.0092 of the Texas Property Code by first obtaining a court order in an application for expedited foreclosure under the rules adopted by the Supreme Court of Texas. Notwithstanding anything contained herein 37 F. 2020 -202000275366 10/07/2020 4:18PM Page 38 of 50 to the contrary, in the event that the laws of the State of Texas are changed to no longer require a court order in an application for expedited foreclosure, the Association may pursue foreclosure of its lien via any method established herein, including but not limited to nonjudicial foreclosure, as may be permitted by the then-current law, without the necessity of amending this Declaration.

7. At any foreclosure proceeding, any person or entity, including but not limited to the Declarant, Association or any Owner, shall have the right to bid for such Lot at the

amending this Declaration.

7. At any foreclosure proceeding, any person or entity, including but not limited to the Declarant, Association or any Owner, shall have the right to bid for such Lot at the foreclosure sale and to acquire and hold, lease, mortgage and convey the same. During the period such foreclosed Lot is owned by the Association following foreclosure, (1) no right to vote shall be exercised on its behalf; and, (2) no Assessment shall be levied on it. Out of the proceeds of such sale, there shall be paid all expenses incurred by the Association in connection with such default, including attorneys' fees and trustee's fees; second, from such proceeds there shall be paid to the Association an amount equal to the amount of Assessments in default inclusive of interest, late charges and attorneys' fees; and, third, the remaining balance, if any, shall be paid to such Owner. Following any such foreclosure, each Occupant of any such Lot foreclosed on and each Occupant of any improvements thereon shall be deemed to be a tenant-at-sufferance and may be removed from possession by any lawful means.

Subordination of the Lien to Purchase Money Mortgages The lien for Assessments, including interest, late charges, costs and attorney's fees, provided for herein shall be subordinate to the lien of any purchase money mortgage on any Lot.

The sale or transfer of any Lot shall not affect the lien. The sale or transfer shall not relieve such Lot from lien rights for any Assessments thereafter becoming due. Where the mortgagee holding a purchase money mortgage of record or other purchaser of a Lot obtains title pursuant to foreclosure of the mortgage, it shall not be liable for the share of the Assessments or other charges

holding a purchase money mortgage of record or other purchaser of a Lot obtains title pursuant to foreclosure of the mortgage, it shall not be liable for the share of the Assessments or other charges by the Association chargeable to such Lot that became due prior to such acquisition of title.

However, from the date of foreclosure forward, such Assessments shall again accrue and be payable to the Association.

G. Notice of Delinquency When the Association or its agent or designee gives a written notice of the Assessment to any Owner who has not paid an Assessment that is due under this Declaration, such notice will be mailed to the Owner's last known address. The address of the Lot is presumed to be the address for proper notice unless written notice of another address has been provided by the Owner to the Association.

ARTICLE XIV. GENERAL MAINTENANCE A. Diminution of Hazards To the extent necessary to prevent pest infestation, diminish fire hazards and/or diminish hazards caused by structural damage, the Association shall have the right, but not the obligation, through its agents, contractors and/or employees, to enter any unoccupied Dwelling or other improvement located upon such Lot, without notice to take the action necessary to prevent such 38 2020 -202000275366 10/07/2020 4:18PM Page 39 of 50 pest infestation, diminish such fire hazards or diminish hazards caused by structural damage at the Owner's expense. Any such expenses, including administrative fees set by the Board, incurred by the Association is secured by the continuing lien created herein. The cost, including administrative fees set by the Board, of such hazard diminution is the personal obligation of the Owner of the Lot

the Association is secured by the continuing lien created herein. The cost, including administrative fees set by the Board, of such hazard diminution is the personal obligation of the Owner of the Lot on which it was performed and becomes part of the Assessment payable by the Owner and secured by the lien retained herein. Alternately, the Association or any Owner of a Lot may bring an action at law or in equity to cause the Owner to bring said Lot into compliance with these restrictions.

B. Liability, Cost and Approval Neither the Association nor its agents, contractors, or employees are liable, and are expressly relieved from any liability, for trespass or other tort in connection with the performance of its maintenance, landscaping or other work authorized in this Declaration.

C. Damage Due to Fire or Other Casualty If a Dwelling, landscaping, Outbuilding or any other improvement located on a Lot is damaged by fire, storm, or any other casualty, the Owner must bring the affected Lot and all improvements thereon, as applicable, into compliance with the Dedicatory Instruments within six (6) months of the date of the casualty, pursuant to the architectural requirements and approval process set forth herein. Regarding Dwellings that are totally destroyed due to casualty, the Owner of such Dwellings must have the Dwellings razed within ninety (90) days of the date of the casualty, and replaced within twelve (12) months of the date of the casualty, subject to ARC prior written approval.

ARTICLE XV. GENERAL MAINTENANCE A. General Maintenance Each Owner shall maintain and keep in good repair his or her Dwelling and all structures, parking areas and other improvements, including driveway and its apron portion forward of the

eral Maintenance Each Owner shall maintain and keep in good repair his or her Dwelling and all structures, parking areas and other improvements, including driveway and its apron portion forward of the building line comprising the Homesite, the slab, framing, roof structure, walkways, driveways, patios and the like. All structures and other improvements designed to be painted must be kept painted and the paint may not be allowed to become faded, cracked, flaked or damaged in any manner. Grass, vegetation and weeds on each Homesite must be cut as often as may be necessary to maintain the same in a neat and attractive condition. Grass growing onto or over sidewalks, driveways, and curbs will be presumed to be unattractive.

Sidewalks, curbs, and driveways servicing a particular Lot, whether constructed within the boundaries of such Lot or within the street right-of-way adjacent to such Lot, must be maintained, repaired and replaced, as needed, by the Owner of such Lot, subject to prior written approval of the ARC. Where applicable, each Owner is also responsible for maintaining and irrigating the landscaping adjacent to a public right-of-way located between the boundary of their Lot and the street. Owners may not remove grass, trees, shrubs, or similar vegetation from this area without prior written approval from the ARC.

39 2020 -202000275366 10/07/2020 4:18PM Page 40 of 50 B. Landscaping In the event any Owner of any Homesite within the Property fails to maintain the landscaping, grass or vegetation of a Homesite in a manner consistent with the Community Wide Standard established within the Property and satisfactory to the Board, the Board, after providing notice as may be required by law setting forth the action intended to be taken by the Association

ide Standard established within the Property and satisfactory to the Board, the Board, after providing notice as may be required by law setting forth the action intended to be taken by the Association and after approval by a majority vote of the Board, has the right, but not the obligation, through its agent, contractors and/or employees, to exercise its Self Help remedy to bring the Owner's Lot into compliance.

C. Dwelling and Improvement Exteriors In the event any Owner of any Homesite fails to maintain the exterior of the Homesite or improvement (including but not limited to the exterior of the Dwelling, improvement or other structures and the parking areas) in a manner consistent with the Community Wide Standard established within the Property as solely determined by the Board, the Board, after providing notice as may be required by law setting forth the action intended to be taken by the Association and after approval by a majority vote of the Board, has the right, but not the obligation, through its agents, contractors and/or employees, to enter upon said Homesite and to exercise its Self Help remedy to bring the Owner's Lot into compliance with this provision.

D. Other Hazards To the extent necessary to prevent pest infestation, diminish fire hazards and/or diminish hazards caused by structural damage, the Association has the right, but not the obligation, through its agents, contractors and/or employees, to enter any unoccupied Dwelling or other improvement located upon such Homesite, without notice to take the action necessary to prevent such pest infestation, diminish such fire hazards or diminish hazards caused by structural damage at the Owner's expense. Any such expenses, including administrative fees set by the Board, incurred by

such pest infestation, diminish such fire hazards or diminish hazards caused by structural damage at the Owner's expense. Any such expenses, including administrative fees set by the Board, incurred by the Association are secured by the continuing lien created herein.

E. Liability, Cost and Approval Neither the Association nor its agents, contractors, or employees are liable, and are expressly relieved from any liability, for trespass or other tort in connection with the exercise of its Self Help remedy, including the performance of the exterior maintenance, landscaping or other work authorized in this Declaration. The cost, including administrative fees set by the Board, of such exterior maintenance, interior hazard diminution and other work are the personal obligation of the Owner of the Homesite on which it was performed and will become part of the Assessment payable by the Owner and are secured by the lien retained in the Declaration. Alternately, the Association or any Owner of a Homesite may bring an action at law or in equity to cause the Owner to bring said Homesite into compliance with these restrictions.

All Owners' replacement, repair and restoration practices as to the improvements on Property within the Subdivision are subject to the prior written approval of the ARC and must comply with all Guidelines which may change from time to time, as found necessary and appropriate in the discretion of the Board.

40 2020 -202000275366 10/07/2020 4:18PM Page 41 of 50 ARTICLE XVI. PARTY WALLS A. General Rules of Law to Apply Each wall built as a part of the original construction of a Townhome which serves and separates any two (2) adjoining Townhomes shall constitute a party wall and, to the extent not

les of Law to Apply Each wall built as a part of the original construction of a Townhome which serves and separates any two (2) adjoining Townhomes shall constitute a party wall and, to the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.

B. Sharing of Repair and Maintenance The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners served by the party wall in equal proportions.

C. Damage and Destruction If a party wall is destroyed or damaged by fire or other casualty, then to the extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any Owner served by the party wall may restore it, and the other Owner or Owners served by the party wall shall thereafter contribute to the cost of restoration thereof in equal proportions without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule or law regarding liability for negligent or willful acts or omissions.

D. Weatherproofing Notwithstanding any other provision of this Section, to the extent that such damage is not covered and paid by the insurance provided for herein, an Owner who by his negligent or willful act causes any party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.

E. Right to Contribution Runs with Land The right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the Townhome Lot and shall pass to such Owner's successors, heirs or assigns.

F. Foundation, Fences

e right of any Owner to contribution from any other Owner under this Section shall be appurtenant to the Townhome Lot and shall pass to such Owner's successors, heirs or assigns.

F. Foundation, Fences Common foundations which form a part of the Townhomes and common fences between Townhomes, if any, will be dealt with in the same fashion as party walls, as set forth in this Section.

ARTICLE XVII. INSURANCE AND CASUALTY LOSSES A. Insurance The Board or its duly authorized agent shall have the authority to and shall obtain insurance for all insurable improvements that it has the obligation to maintain, repair or replace. This insurance shall cover loss or damage by fire or other hazards, including extended coverage, vandalism, and malicious mischief and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from any 41 2020 -202000275366 10/07/2020 4:18PM Page 42 of 50 such hazard. Each Owner should obtain insurance to cover the contents of its respective Townhome, as well as all insurable improvements that the Owner has the obligation to maintain, repair or replace. It is also highly recommended that each Owner obtain insurance to cover floods and the deductible amount on other policies.

The Board shall obtain a general liability policy covering the Association for all damage or injury caused by the negligence of the Association or any of its Directors or agents, and, if reasonably available, directors' and officers' liability insurance. Each Owner should obtain insurance to cover general liability within its respective Townhome.

Premiums for all insurance which it is the obligation of the Association to provide shall be

ty insurance. Each Owner should obtain insurance to cover general liability within its respective Townhome.

Premiums for all insurance which it is the obligation of the Association to provide shall be common expenses of the Association. The policies may contain a reasonable deductible, and the amount thereof shall be added to the face amount of the policy in determining whether the insurance at least equals the full replacement cost.

In addition to the other insurance required by this Section, the Board may obtain, if and to the extent necessary, a fidelity bond or bonds on directors, officers, employees, and other persons handling or responsible for the Association's funds. The amount of fidelity coverage shall be determined in the directors' best business judgment. Bonds shall contain a waiver of all defenses based upon the exclusion of persons serving without compensation and may not be cancelled or substantially modified without at least ten (10) days' prior written notice to the Association.

B. Damage and Destruction a. In General. Immediately after the damage or destruction by fire or other casualty to all or any improvement covered by insurance written in the name of the Association, the Board or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this paragraph, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty.

b. Repair and Reconstruction. It shall be the Owner's obligation to have repaired or reconstructed any damage or destruction to their Townhome.

cation that existed prior to the fire or other casualty.

b. Repair and Reconstruction. It shall be the Owner's obligation to have repaired or reconstructed any damage or destruction to their Townhome.

If the damage or destruction for which the Association's insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board shall, without the necessity of a vote of the Association's members, levy a special assessment against all Owners for the deficiency. Additional Assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from the Association's insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited to the benefit of the Association; provided that the Owner and mortgagee of any Townhome for which proceeds are received agree to the distribution as their interest may appear.

42 2020 -202000275366 10/07/2020 4:18PM Page 43 of 50 ARTICLE XVIII. MODIFICATION AND TERMINATION OF COVENANTS A. Amendment by Declarant In addition to specific amendment rights granted elsewhere in this Declaration, until termination of the Development Period, the Declarant may unilaterally amend this Declaration for any purpose; provided, however, any such amendment shall not adversely affect the title to any Lots or Homesites unless the Owner shall consent thereto in writing.

After the expiration of the Development Period, the Declarant may unilaterally amend this Declaration at any time without the joinder or consent of any Owners, entity, Lender or other person to amend this Declaration if such amendment is (a) necessary to bring any provision hereof

end this Declaration at any time without the joinder or consent of any Owners, entity, Lender or other person to amend this Declaration if such amendment is (a) necessary to bring any provision hereof into compliance with any applicable governmental statute, rule or regulation, or judicial determination; (b) necessary to enable any reputable title insurance company to issue title insurance coverage on Lots and Homesites; ( c) required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Lots or Homesites; ( d) necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on Lots or Homesites; or ( e) for the purpose of clarifying or resolving any ambiguities or conflicts herein, or correcting any inadvertent misstatements, errors or omissions herein; provided, however, any such amendment shall not adversely affect the title to any Lots or Homesites unless the Owner shall consent thereto in writing.

Any amendment to the Declaration made by Declarant must be recorded in the Official Public Records of Dallas County, Texas, whereupon to the extent of any conflict with this Declaration, and any amendment thereto, the more restrictive provision shall control.

Any amendment made by the Declarant shall become effective upon recording unless otherwise specified in the amendment.

B. Owners During the Development Period, this Declaration may be amended, modified or terminated by the approval of Owners of a majority of the Lots and the written consent of the Declarant. After

nt.

B. Owners During the Development Period, this Declaration may be amended, modified or terminated by the approval of Owners of a majority of the Lots and the written consent of the Declarant. After the termination of the Development Period, approval by the Owners of a majority of the Lots shall be required to amend, modify or terminate this Declaration; provided however, any such amendment must be approved in writing by the Association. Upon approval of the Owners, as set out above of said amended declaration (as evidenced by the President's or Vice-President's signature) the amended declaration shall be recorded in the Official Public Records of Dallas County, Texas, whereupon to the extent of any conflict with this Declaration and any amendment thereto, the more restrictive provision shall control. For purposes of this Section, the approval of multiple Owners of a Lot may be reflected by the signature of any one Owner of such Lot.

Notwithstanding anything contained herein to the contrary, the Association shall be entitled to use any combination of the following methods to obtain approval of the Owners for an amendment to the Declaration: 43 2020 -202000275366 10/07/2020 4:18PM Page 44 of 50 1. by written ballot, or electronic ballot as same may be established by the Board, that states the substance of the amendment and specifies the date by which a written or electronic ballot must be received to be counted; 2. at a meeting of the Members of the Association, if written notice of the meeting stating the purpose of the meeting is delivered to the Owners of the Lots; such notice may be hand-delivered to the Owners, sent via regular mail to the Owner's last known mailing address, as reflected in the Association's records, or via email to the Owner's email

the Lots; such notice may be hand-delivered to the Owners, sent via regular mail to the Owner's last known mailing address, as reflected in the Association's records, or via email to the Owner's email address as reflected in the Association's records; 3. by door-to-door circulation of a petition by the Association or a person authorized by the Association; and/or 4. by any other method permitted under this Declaration or applicable law. Any limitation of amendment to the Declaration related to said Property may not limit the rights of the Declarant pertaining to the Declaration as otherwise herein reserved. Particularly reserved to the Declarant, is the right and privilege of Declarant to designate the use and architectural restrictions applicable to any portion of the Properties, as provided herein; and such designation, or subsequent change of designation, shall not be deemed to adversely affect any substantive right of any existing Owner.

ARTICLE XIX. ALTERNATE DISPUTE RESOLUTION It is the intent of the Association and the Declarant to encourage the amicable resolution of disputes involving the Subdivision and to avoid the emotional and financial costs of litigation if at all possible. Accordingly, the following dispute resolution procedures control and attempt to resolve all claims, grievances or disputes involving the Subdivision, including, without limitation, claims grievances or disputes arising out of or relating to the interpretation, application or enforcement of the Dedicatory Instruments.

A. Dispute Resolution No dispute between any of the following entities or individuals shall be commenced until the parties have submitted to non-binding mediation: Owners; Members; the Board of Directors; officers in the Association; or the Association.

ollowing entities or individuals shall be commenced until the parties have submitted to non-binding mediation: Owners; Members; the Board of Directors; officers in the Association; or the Association.

Disputes between Owners that are not regulated by the Declaration shall not be subject to the dispute resolution process.

B. Outside Mediator In a dispute between any of the above entities or individuals, the parties must voluntarily submit to the following mediation procedures before commencing any judicial or administrative proceeding. Each party will represent himself/herself individually or through an agent or representative, or may be represented by counsel. The dispute will be brought before a mutually selected mediator. Such mediator will either be an attorney-mediator skilled in community association law, a Professional Community Association Manager as certified by the Community Associations Institute, or a Certified Property Manager as certified by the Institute of Real Estate 44 2020 -202000275366 10/07/2020 4:18PM Page 45 of 50 Managers. In order to be eligible to mediate a dispute under this provision, a Mediator may not reside in the Subdivision, work for any of the parties, represent any of the parties, nor have any conflict of interest with any of the parties. Costs for such mediator shall be shared equally by the parties. If the parties cannot mutually agree upon the selection of a mediator after reasonable efforts (not more than thirty (30) days), each party shall select their own mediator and a third will be appointed by the two selected mediators. If this selection method must be used, each party will pay the costs of their selected mediator and will share equally the costs of the third appointed mediator.

C. Mediation is Not a Waiver

ediators. If this selection method must be used, each party will pay the costs of their selected mediator and will share equally the costs of the third appointed mediator.

C. Mediation is Not a Waiver By agreeing to use this Dispute Resolution process, the parties in no way waive their rights to extraordinary relief including, but not limited to, temporary restraining orders or temporary injunctions, if such relief is necessary to protect or preserve a party's legal rights before a mediation may be scheduled.

D. Assessment Collection and Lien Foreclosure The provisions of this Declaration dealing with Alternate Dispute Resolution shall not apply to the collection of assessments and/or the foreclosure of the lien by the Association as set out in the Declaration.

ARTICLE XX. GENERAL PROVISIONS A. Severability The invalidity of any one or more of the provisions of this Declaration shall not affect the validity of the other provisions thereof.

B. Compliance with Laws At all times, each Owner must comply with all applicable federal, state, county, and municipal laws, ordinances, rules, and regulations with respect to the use, occupancy, and condition of the Lot and any improvements thereon. If any provision contained in this Declaration or amendment hereto is found to violate any law, then the provision shall be interpreted to be as restrictive as possible to preserve as much of the original provision as allowed by law.

C. Gender and Number The singular wherever used herein shall be construed to mean or include the plural when applicable, and the necessary grammatical changes required to make the provisions hereof applicable either to corporations (or other entities) or individuals, male or female, will in all cases be assumed as though in each case fully expressed.

hanges required to make the provisions hereof applicable either to corporations (or other entities) or individuals, male or female, will in all cases be assumed as though in each case fully expressed.

D. Headlines The titles and captions for this Declaration and the sections contained herein are for convenience only and shall not be used to construe, interpret, or limit the meaning of any term or provision contained in this Declaration.

45 2020 -202000275366 10/07/2020 4:18PM Page 46 of 50 E. Governing Law The provisions in this Declaration shall be governed by and enforced in accordance with the laws of the State of Texas. Any and all obligations performable hereunder are to be performed in Dallas County, Texas.

F. Fines for Violations The Association may assess fines for violations of the Dedicatory Instruments, other than non-payment or delinquency in assessments, in amounts to be set by the Board, which fines are secured by the continuing lien set out in this Declaration.

G. Books and Records The books, records and papers of the Association shall, upon written request and by appointment, during normal business hours, be subject to inspection by any Member, pursuant to a Records Production and Copying Policy adopted by the Association.

H. Notices Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Owner on the records of the Association at the time of such mailing.

I. Mergers Upon a merger or consolidation of the Association with another association as provided in its Certificate of Formation, the Association's properties, assets, rights and obligations may be

.

I. Mergers Upon a merger or consolidation of the Association with another association as provided in its Certificate of Formation, the Association's properties, assets, rights and obligations may be transferred to another surviving or consolidated association or, alternatively, the properties, assets, rights and obligations of another association may be transferred to the Association as a surviving corporation or to a like organization or governmental agency. The surviving or consolidated association shall administer any restrictions together with any Declarations of Covenants, Conditions and Restrictions governing these and any other properties, under one administration.

No such merger or consolidation shall cause any revocation, change or addition to this Declaration.

J. Current Address and Occupants Owners are required to notify the Association in writing of their current address if other than the physical address of the Lot at all times. If an Owner fails to notify the Association of their current address, the Association may use the address of the Lot as the current address. If Owner leases the property, he must supply the name of the Occupant present upon the execution of any lease.

K. Security NEITHER THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, NOR THE DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED AN INSURER OR GUARANTOR OF SECURITY WITHIN THE PROPERTY. NEITHER SHALL THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, 46 2020 -202000275366 10/07/2020 4:18PM Page 47 of 50 AGENTS, OR EMPLOYEES, DECLARANT OR SUCCESSOR DECLARANT BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. ALL OWNERS AND

R EMPLOYEES, DECLARANT OR SUCCESSOR DECLARANT BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. ALL OWNERS AND OCCUPANTS OF ANY LOT, , AS APPLICABLE, ACKNOWLEDGE THAT THE ASSOCIATION, ITS BOARD OF DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR ANY SUCCESSOR DECLARANT DOES NOT REPRESENT OR WARRANT THAT ANY FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL PREVENT LOSS BY FIRE, SMOKE, BURGLARY, THEFT, HOLD-UP OR OTHERWISE, NOR THAT FIRE PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS WILL IN ALL CASES PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER AND OCCUPANT OF ANY LOT, AS APPLICABLE, ACKNOWLEDGES AND UNDERSTANDS THAT THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR ANY SUCCESSOR DECLARANT ARE NOT INSURERS AND THAT EACH OWNER AND OCCUPANT OF ANY DWELLING, OR OWNER OR USER OF AN IMPROVEMENT, ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO DWELLINGS AND IMPROVEMENTS AND TO THE CONTENTS OF DWELLINGS AND IMPROVEMENTS AND FURTHER ACKNOWLEDGES THAT THE ASSOCIATION, ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR EMPLOYEES, DECLARANT OR ANY SUCCESSOR DECLARANT HAVE MADE NO REPRESENTATIONS OR WARRANTIES NOR HAS ANY OWNER OR OCCUPANT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE AND/OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTY.

L. View Impairment Neither the Declarant, nor the Association, guarantee or represent that any view over and

Y SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTY.

L. View Impairment Neither the Declarant, nor the Association, guarantee or represent that any view over and across the Lots or open space within the Subdivision will be preserved without impairment. The Declarant and the Association have no obligation to relocate, prune, or thin trees or shrubs or other landscaping. The Association has the right, without the obligation, to relocate, prune, thin, or add trees and other landscaping or improvements to the Common Area. There are no express or implied easements for view purposes or for the passage of light and air. No Owner has the right to object to the construction of improvements on any adjacent or nearby Lot, or the Common Area, based on the impact of such improvements on the Owner's view.

M. Video, Data and Communication Service Agreements Subject to the approval of the Declarant during the Development Period, the Association has or may hereafter enter into an agreement with a service provider for the provision of cable television and/or other communication services in order to obtain access to benefits and services for the benefit of Owners and Dwellings located in the Subdivision. Payment for services and benefits provided pursuant to video, data and/or communication service agreements executed pursuant to this provision will be made from Assessments levied and collected by the Association pursuant to the authority granted herein, and such Assessments shall be supported by the lien created herein. While Owners are free to obtain the same or similar services from a provider of their choice, no Owner may avoid paying any portion of Assessments levied based on non-use of

y the lien created herein. While Owners are free to obtain the same or similar services from a provider of their choice, no Owner may avoid paying any portion of Assessments levied based on non-use of video, data or communication services provided and paid for by the Association with Assessments.

47 2020 -202000275366 10/07/2020 4:18PM Page 48 of 50 N. Occupants Bound All provisions of the Dedicatory Instruments applicable to the Property and Owners, shall also apply to all Occupants of any Lot or Dwelling. Every Owner must cause all Occupants to comply with the foregoing, and every Owner is responsible for all violations, losses, or damages caused by an Occupant, notwithstanding the fact that such Occupant is jointly and severally liable and may be sanctioned for any violation. In addition to all other remedies available to the Association in the event of a violation by an Occupant, the Association may require that the Occupant be removed from and not be allowed to return to the Subdivision and/or that any lease, agreement or permission given allowing the Occupant to be present be terminated.

0. Transfer of Title; Resale Certificate; Certificate of Compliance 1. Transfer of Title: Any Owner, other than the Declarant, desiring to sell or otherwise transfer title to his or her Lot shall give the Board at least seven (7) days prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board may reasonably require. The person, other than the Declarant, transferring title shall continue to be jointly and severally responsible with the person accepting title for all obligations of the Owner, including Assessment obligations, until the date upon which

transferring title shall continue to be jointly and severally responsible with the person accepting title for all obligations of the Owner, including Assessment obligations, until the date upon which the Board receives such notice, notwithstanding the transfer of title.

Upon acceptance of title to a Lot, the new Owner of the Lot shall pay to the Association an administrative transfer fee to cover the administrative expenses associated with updating the Association's records, which transfer fee is supported by the lien created herein. Such fees shall be in such amount as the Board may reasonably determine necessary to cover its costs, including but not limited to, and fees charged by a management company retained by the Association for updating its records.

2. Resale Certificate: No Owner, other than the Declarant, shall transfer title to a Lot, together with the improvements thereon, unless and until he or she has requested and obtained a resale certificate signed by a representative of the Association as described in Chapter 207 of the Texas Property Code, or its successor statute ("Resale Certificate") indicating, in addition to all other matters described in Chapter 207, the information required in Section 5.012 of the Texas Property Code.

The Association may charge a reasonable fee to prepare, assemble, copy, and deliver a Resale Certificate and accompanying information and any update to a Resale Certificate, which charge is supported by the lien created herein.

48 2020 -202000275366 10/07/2020 4:18PM Page 49 of 50 IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this the 7 day of October, 2020.

ST ATE OF TEXAS § § COUNTY OF DALLAS § DECLARANT: TEXAS INTOWNHOMES. LLC a Texas limited liability company Print Name:?~ A-f;;:.T"'"'

cuted this Declaration this the 7 day of October, 2020.

ST ATE OF TEXAS § § COUNTY OF DALLAS § DECLARANT: TEXAS INTOWNHOMES. LLC a Texas limited liability company Print Name:?~ A-f;;:.T"'"' BEFORE ME, the undersigned authority, on this day personally appeared limited liability company, known by me to be the person whose name is subscribed to this instrument, and acknowledged to me that he executed the same for the purposes herein expressed and in the capacity herein expressed.

WEI uu Notary Public -State of Texas Notary ID #1285611<(4 My Commission Expires M.rch 21, 2023 49 2020-202000275366 10/07/2020 4:20 PM Page 50 of 50 Dallas County John F. Warren Dallas County Clerk Instrument Number: 202000275366 eRecording -Real Property Recorded On: October 07, 2020 04:18 PM Number of Pages: 50 " Examined and Charged as Follows: " Total Recording: $218.00 Any provision herein 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 Information: Record and Return To: Document Number: 202000275366 20201007001206 CSC Global Receipt Number: Recorded Date/Time: October 07, 2020 04:18 PM User: Station: Kevin T CC15 STATE OF TEXAS COUNTY OF DALLAS I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Dallas County, Texas.

John F. Warren {JDallas County Clerk 'JI _ Dallas County, TX