Document

This Declaration is being refiled of record in order to add Exhibit "A" Drainage Easement Locations which was erroneously omitted. at the time of filing. . .

DECLARATION OF COVENANTS, RESTRICTIONS AND meets nity TEXAS LEE RAY’S PLACE ZONGMAR 24 PH 3 39 This Declaration of Covenants, Restrictions and Easements ("Deciaratinna: fre tapaeH to be effective as of March 15, 2006, by Ray White Road, L.P., a i ese pst (“Declarant”). EE a at RECITALS Declarant desires to provide a flexible and reasonab the Development. Declarant also desires to estal maintenance, preservation, use and enjoypent of AA b grant hereby adopts, establishes and imposes upon the Property, and declares that the Rropérty shall be held, transferred, sold, conveyed, mortgaged, ef jactNa’ the following covenants, restrictions, easements, conditions, (collectively, the “Restrictions”). The Restrictions are for the ananc_protecting the value, desirability and attractiveness of the Property at \The Restrictions shall run with the Property and shall be binding upon all acdviring any right, title or interest therein, or any part thereof, and shall, & liifations provided in this Declaration, inure to the benefit of each Owner and dirs, grantees, distributees, legal representatives, successors and assigns, and to ARTICLE I DEFINITIONS The following words, when used in this Declaration, shall have the following meanings: “Association” means Lee Ray’s Place Homeowners Association, Inc., a Texas non-profit corporation organized under the Texas Non-Profit Corporation Act, its successors and assigns.

Page 1 of 42 “Board” means the Board of Directors of the Association.

“Bylaws” mean the Bylaws of the Association, as amended from time’to time.

Non-Profit Corporation Act, its successors and assigns.

Page 1 of 42 “Board” means the Board of Directors of the Association.

“Bylaws” mean the Bylaws of the Association, as amended from time’to time.

“Commencement Date” means the date on which the first Residence (defined below) is sold to a third party other than Declarant or the Homebuilder of that Residence.

“Common Property” or “Common Areas” means all real property (together p and all improvements now or hereafter located thereon) owned by the Association, gr i instances over which the Association has been granted easements, for the com enjoyment of the Owners or the benefit of the Association, as set out in Declaration, together with any other property or easement rights that the Asg ration, the S in title é has constructed a brick perimeter wall (the “Wall”) bordering the front o pment. Such Wall is situated within the boundary lines of certain Lots adjointyg\the front of the Development.

However, for purposes of this Declaration, the Wall jes S6nsidered Common Property “Declarant” means Ray White Road, successors and assigns. The sale by Dec the conveyance of any of the rights of Declé Sh4ll mean any person occupying all or any portion of a Residence located elapment for any period of time, regardiess of whether that person is a family er” means the record owner (including Declarant), whether one or more persons or entities, of fee simple title to any Lot; provided, however, that where fee simple title has been transferred and is being held merely as security for the repayment of a loan, the person or entity who would own the Lot in fee simple if the loan were paid in full shall not be considered the Owner. — “Plat” means the plat of Lee Ray’s Place Addition, an Addition to Tarrant County, Texas,

r entity who would own the Lot in fee simple if the loan were paid in full shall not be considered the Owner. — “Plat” means the plat of Lee Ray’s Place Addition, an Addition to Tarrant County, Texas, recorded in of the Plat Records of Tarrant County, Texas, as it may be amended from time to time.

“Property” included the land described in Recital A above, together with any additional real property as may be subjected to the provisions of this Declaration in accordance with the provisions of this Declaration.

“Residence” shall mean a Structure situated upon a Lot intended for indepengént use governmental authorities as a prerequisite to the occupancy of the Residence a and structure located thereon shall have been conveyed to a third pay residence. The Owner of a Residence shall notify the Association or j upon issuance of a certificate of occupancy for the Residence.

“Restrictions” means all covenants, restrictions, easement arges, liens and other obligations created or imposed by this Declaration.

“Structure” means: (a) Any thing or object the place appearance of such Lot, including by wa thereof, garage, porch, shed, greenhouse C patio, swimming pool, dock, fence, curb landscaping), sign, signboard, ts trailer) or any other temporar d s, coop or cage, covered or uncovered avingy wall, tree, shrub (and all other forms of yaters in any natural or artificial creek, stream, wash or aztoss any Lot; and (c) ARTICLE II COMMON PROPERTY 2.01 Conveyance of Common Property.

(a) Declarant may from time to time convey to the Association or grant easements to the Association, at no expense to the Association and in accordance with this Section, real and persona! property for the common use and enjoyment of the Owners (collecti

ciation or grant easements to the Association, at no expense to the Association and in accordance with this Section, real and persona! property for the common use and enjoyment of the Owners (collecti (b) Declarant may convey Common Property to the Association and egress of both vehicular traffic and pedestrians, as well as for landscapi to conveyance of the Common Property to the Association. A anal A to the Association other real and personal property as Declafafit may @étermMine to be necessary or proper for the completion of the Development.

(c) Notwithstanding any legal presumpti the contrary, the fee title to, and all rights in any portion of the Property owned by Degla d designated as Common Property on the Plat or designated for public use shail be ye Declarant until such time as the same shall be conveyed to the Associatiog 2 ofr, tQ A icipality or other governmental body, agency or authority. Further, Pensa NOS j conveyance made herein or subseque afant shall exclude and save and except therefrom any and all minerals aS Se the Common Property.

2.02 Right of Enjoymen fms of this Declaration, every Owner shall have a right and easement in (a) Promulgate rules and regulations relating to the use, operation and maintenance of the Common Property; (b) Borrow money for the purpose of carrying out the activities of the Association, including the acquisition, construction, improvement, equipping and maintenance of Common Property, and in aid thereof to encumber by deed of trust, mortgage or other security interest any or all of the Association’s property including Common Property and revenues from assessments, user fees and other sources; provided, however, that, [i] the Association shall not

security interest any or all of the Association’s property including Common Property and revenues from assessments, user fees and other sources; provided, however, that, [i] the Association shall not grant or convey to anyone any mortgage, deed of trust or other security interest on or in Common Property constituting real estate without approval by two-thirds (2/3) of the Owners other than Declarant and [ii] during the period when Declarant has the right to appoint members of the Board, such grant or conveyance shall also require the approval of Declarant.

(c) Grant easements or rights of way over Common Property to any municipality or other governmental body, agency or authority, to any quasi-public agency or to a utility company or cable television system, (d) Dedicate or transfer all or any part of the Common Property or J to any municipality or other governmental body, agency or authority for subject to such provisions and conditions as may be agreed upon by the other governmental body, agency or authority; (e) Suspend, pursuant to Section 3.05, right of enjoyment granted or permitted by Section (f) Sell, lease or otherwise convey 7 therein; provided, however, that any sal é Property that is not covered by (d) above s than Declarant.

(h) Maintain any the extent that such land jg the rights and privileges relating to the Common Property in this Declaration, the Association, acting through the Board, may not t access to the Common Property by any third party which owns, or poggesse I y lease to develop, minerals located in and under the Common Property.

nce of Common Property by Declarant to Association, Declarant may transfer or con the Association any personal property and any improved or unimproved property,

cated in and under the Common Property.

nce of Common Property by Declarant to Association, Declarant may transfer or con the Association any personal property and any improved or unimproved property, leasehold, easement or other property interest which is or may be subjected to the terms of this Declaration. The Association shall accept that conveyance, and the property shail thereafter be Common Property to be maintained by the Association for the benefit of all of its Members.

2.05 Types of Common Property. At the time of the conveyance of any property or grant of easement by Declarant to the Association to be used as Common Property, Declarant shall designate in the deed of conveyance or easement that the property or easement is to be Common Property, and further may designate in the deed of conveyance or easement the specific or general purpose or purposes for which the property or easement or any portion thereof may be used, and in that event, the property or easement or portion thereof shall not, without a two-thirds (2/3) vote of the Members, be used for any different purpose or purposes without the prior written consent of Declarant.

2.06 Delegation of Use. Any Owner may delegate to any Occupant of the Residence owned by the Owner, in accordance with the Bylaws, the Owner’s right to use and enjoy the Common Property.

2.07 Maintenance and Other Common Expenses. The Association shall maintai good repair the Common Property. In addition to the maintenance of the Coprmfo Association shall have the obligation to maintain, repair, and replace, subje e se) Subic are” not then in effect, all other private drives (as identified by the Plat or othe Declarant, security gates, and any other landscaping or imprq located along or within

nd replace, subje e se) Subic are” not then in effect, all other private drives (as identified by the Plat or othe Declarant, security gates, and any other landscaping or imprq located along or within the private drives, and any other property Declarant designate! aintenance obligation of the Association by an amendment to this Declaration. a, the Association shall maintain, repair, and replace, to the extent permitte subject to any insurance then in effect, all grass, tree bery or other plantings, sidewalks, inkler systems, information and directional signage, security gates, traffi located along or in dedicated rights of The Association shall bear th ibik r all utility charges incurred because of streetlights, security gates, sp ox or other equipment which are installed on or about the Common Prope to or connected with an e obligation, to maintain and provide services for other , whether located within or without the boundaries of the ARTICLE III HOMEOWNERS ASSOCIATION good arithgeheral welfare of the Occupants of the Development. The Association shall have no power or duty to do or perform any act or thing other than those acts and things which will promote in some way the common good and general welfare of the Members. To the extent, and only to the extent, necessary to carry out those purposes, the Association (a) shall have all of the powers of a Texas non-profit corporation organized under the Texas Non-Profit Corporation Act, and (b) shall have the power and duty to exercise all of the rights, powers and privileges and to perform all of the duties and obligations of the Association as set forth in this Declaration.

3.02 Membership in the Association. Every Owner shall automatically be a Member of the

privileges and to perform all of the duties and obligations of the Association as set forth in this Declaration.

3.02 Membership in the Association. Every Owner shall automatically be a Member of the Association, and that membership shail terminate only as provided in this Declaration.

Membership is appurtenant to and may not be separated from ownership of any Lot. For purposes of voting, there shall be two (2) classes of Members as set forth in Section 3.03.

3.03 Voting Rights.

person as shall be designated in a proxy instrument duly executed by or on bebe or entity and delivered to the secretary of the Association.

than the total number of Class A votes plus one (1). The be converted to Class A Membership when Declarant no fo!

remove members of the Board and officers of the Associatio 3.04 Board of Directors. A Board of Directors s anage the affairs of the Association.

The number of Directors and the method of electis jrectors shall be as set forth in the Bylaws of the Association, 3.05 Suspension of Membership Rights.

Member and the right of enjoyment of t Property of any Member or Occupant who: (b) Shall (cel) pursuant to the pension shall be for the balance of the period in which the Member or person shall retmain“in violation, breach or default, as aforesaid, except that in the case of a violation described in Section 3.05(c), the suspension may be for a period not to exceed 60 days after the cure or termination of that violation. No suspension shall prevent an Owner's ingress to or egress from the Owner’s Lot.

Na 3.06 Termination of Membership. Membership shall cease only when a person ceases to be an Owner.

3.07 Voting Procedures. The procedures for the election of Directors of the Association and

r’s Lot.

Na 3.06 Termination of Membership. Membership shall cease only when a person ceases to be an Owner.

3.07 Voting Procedures. The procedures for the election of Directors of the Association and the resolution of other issues as may be brought before the membership of the Association shall be governed by this Declaration, the Texas Non-Profit Corporation Act, the Articles of Incorporation of the Association, and the Bylaws, as each shall from time to time be in force and effect.

3.08 Control by Declarant.

days after the first of the following events shall occur: [i] the expiration of after the date of the recording of this Declaration; [ii] the date upon w if Declarant then owns one or more Lots, and a special meeting of the Associ we: Be called at that time. At the special meeting the Owners shall elect a Directors which shall undertake the responsibilities of the Board, and eliver the books, accounts, and records, if any, which Declarant has kept e Association and any agreements or contracts during that period which Declarant has in its » of a deed or other conveyance of a Lot, vests in ation may exercise any other right or privilege given to it law and any other right or privilege reasonably to be implied ARTICLE IV ASSESSMENTS a Lot, y and severally, for the Owner and the Owner’s heirs, distributees, legal representatives, successors and assigns, by acceptance of a deed for a Lot, whether or not the covenants contained in this Declaration shall be expressed in any such deed, hereby covenants and agrees as follows: (a) To timely pay to the Association the annual assessments which may or shall be levied by the Association pursuant to this Declaration against all Lots owned by Owner; (b) To timely pay to the Association any special assessments for capital

nnual assessments which may or shall be levied by the Association pursuant to this Declaration against all Lots owned by Owner; (b) To timely pay to the Association any special assessments for capital improvements and other charges which may or shall be levied by the Association pursuant to this Declaration against all Lots owned by Owner; (c) That there is hereby created a continuing charge and lien upon all Lots owned by Owner against which all assessments are made to secure payment of those assessments and interest thereon as provided in Section 4.09 of this Declaration and costs of collection including reasonable attorneys’ fees; (d) That the continuing charge and lien on the Lot binds the Lot in the han then Owner, and the Owner's heirs, devisees, legal representatives, successors which may from time to time be placed or located thereon), repair or alteration of Structures. A person or entity acqui after this Declaration is recorded shall acknowledge, that lien, that the lien or encumbrance is inferior to provided for in this Declaration, whether or not thata above; (e) That no sale or transfer S“or in lieu of foreclosure shall relieve any Lot from liability for any aces o> t éssed; atial\e cific assessments (together with interest thereon Pais Wediaration and costs of collection including reasonable st Owned by the Owner during the period that the person (f) That all annya as provided in Section 40 attorneys’ fees) levied ag ned by that person or entity; provided, however, that the personal essments shall not pass to an Owner’s successor in title unless pe to pay any assessment when due shall constitute a default of the Owner’s r this Declaration, and shall entitle the Association to exercise the remedies

pass to an Owner’s successor in title unless pe to pay any assessment when due shall constitute a default of the Owner’s r this Declaration, and shall entitle the Association to exercise the remedies 4.02 Purpose of Assessment. The assessments levied by the Association shall be used exclusively for the purpose of providing for the common good and general welfare of the Occupants of the Development, including, but not limited to, security, the acquisition, construction, improvement, maintenance, insuring, and equipping of Common Property, maintenance of private driveways or other improvements or landscaping which are designated by Declarant or the Association to be maintenance obligations of the Association, the enforcement of the Restrictions contained in this Declaration, the enforcement of the Design Standards of the ACC, the payment of operating costs and expenses of the Association including, without limitation, any ad valorem real and personal property taxes on any real and personal property owned by the Association, and the payment of all principal and interest when due on all debts owed by the Association.

4.03 Accumulation of Funds Permitted. The Association shall not be obligated to spend in any calendar year all the sums collected in that year by way of annual assessments or otherwise, and may carry forward, as surplus, any balances remaining. The Association shall not be obligated to apply any surplus to the reduction of the amount of the Annual Assess deem to be desirable for the greater financial security of the Association and the efte its purposes.

4.04 Annual Assessment.

outlined in the Bylaws, including without limitation Com management service contracts. The initial Annual Ass& purchaser/new Owner at the closing of each Residgn

its purposes.

4.04 Annual Assessment.

outlined in the Bylaws, including without limitation Com management service contracts. The initial Annual Ass& purchaser/new Owner at the closing of each Residgn the closing falls on a day other than January 1, th prorated so that the new Owner pays an Annual A remaining in the calendar year. The words “Assésé mean the calendar year, with the first Ase immediately following the Commencement ual eee for that year shall be at proportional to the number of days “ as used in this Declaration shall (b) Commencing wit Mesassment Year and continuing thereafter, the annual assessment may be/ adSat/any time and from time to time during each Assessment Year by Declgcé aOwever, the increase shall not be more than ten percent (10%) above the of the Membership.

nent for the previous Assessment Year without a vote wit’the first Assessment Year and continuing thereafter, the Assessment Year may at any time and from time to time be (c) Com (03 en_#fercent (10%) above the maximum annual Assessment for the Annual Assessment increased morg (a) In addition to the Annual Assessments authorized by this Article, the Association may levy, in any Assessment Year and with any frequency as the Association shall deem necessary, Special Assessments for the purpose of paying, in whole or in part, any unanticipated operating expenses, as well as the cost of any construction, reconstruction, repair or replacement of a capital improvement on the Common Property or other areas designated by Declarant to be a maintenance obligation of the Association. The Board may levy the Special Assessments in any Assessment Year without the approval of the Members, so long as the Special Assessments in

eclarant to be a maintenance obligation of the Association. The Board may levy the Special Assessments in any Assessment Year without the approval of the Members, so long as the Special Assessments in an Assessment Year do not in the aggregate exceed an amount equal to the Annual Assessment then in effect. Special Assessments exceeding that amount shall require the approval of twothirds (2/3) of the Members who are present in person or by proxy at a meeting of Members duly held in accordance with the provisions of the Bylaws and this Declaration.

(b) A Working Capital Assessment payable to the Association in the amount of $100.00 is due at closing from the new Owner/purchaser upon each sale of a Lot. The Working Capital Assessment shall be in addition to, not in lieu of the Annual Assessment. This assessmett shall Owner to the next. The Association may increase, decrease or return thi determined by the Board from time to time and in accordance with the applita Article IV.

4.06 Assessment Procedure.

dch Assessment Year at an ed by the provisions of (a) The Board shall establish the annual assess amount not in excess of the maximum annual assessment a this Article, and shall also establish the date during assessment shall be due and payable (the “Due Dg annual budget which shall list the estimated operating &x The Board shall also establish an moses and shall contain an amount to the Common Property; provided, howevet 2 all the Board be required to provide for a reserve sufficient to cover all future i being intended that a portion of those ge e Covered by Special Assessment. The Board Q yitef at least thirty (30) days in advance of the Due Date written notice setting q t of the annual assessment and the Due Date.

=n the thirtieth (30) day following the date the

ssessment. The Board Q yitef at least thirty (30) days in advance of the Due Date written notice setting q t of the annual assessment and the Due Date.

=n the thirtieth (30) day following the date the Aye Dea hichever is later. The Board may establish reasonable payment procedures to q ire payment of the annual assessment in installments during the Assessment Yeat, \[Me Board shall also establish payment procedures for payment of | rs of the Association shall be given written notice by the Board not less than thixty mofe than sixty days (60) in advance of any meeting of the Members of the x the Board shall propose taking action pursuant to Section 4.04(c) and Séstion 4.0 he written notice shall specify under which Section or Sections the Board will propdge ‘actiop. At that meeting, the presence of Members or of proxies entitled to cast fifty percent %) of the total votes outstanding shall constitute a quorum. If the required quorum is not present at that meeting, the Board subject to the same notice requirement may call a second meeting, and the required quorum at the second meeting shall be thirty percent (30%) of the total votes outstanding. No second meeting shal! be held more than sixty days (60) following the first meeting. If the required quorum is not present at the second meeting, the Board may take such action without approval of the Members.

4.07 Uniform Rate of Assessment. Both Annual and Special Assessments must be fixed at a uniform rate for all Lots.

4.08 Contribution by Declarant. For so long as Declarant has the authority to appoint and remove directors and officers of the Association, Declarant shall not be liable for the payment of any assessments; provided, however, during that period Declarant shall advance funds to the

point and remove directors and officers of the Association, Declarant shall not be liable for the payment of any assessments; provided, however, during that period Declarant shall advance funds to the Association sufficient to satisfy the deficit, if any, between the actual operating expenses of the Association (but specifically not including an allocation for the reserve allowance), and the sum of Annual, Special and Specific Assessments collected by the Association in any As Year, and those advances shall be evidenced by promissory notes from the Asgoc Declarant.

State of Texas. In the event of default in the payment of ore installments of an Assessment, the Board may declare any remaining balance Q sessment at once due and ent prior to the date on Ng any remaining balance declared eceding sentence), together with which payment is due, the unpaid portion (in immediately due and payable in accordance wi obligation of that Owner, as well as a lie av £ 8 Lot, enforceable in accordance with the provisions of this Declaration.

hd by an Owner, the Association shall within the Owner a written certificate stating that all costs, if any) have been paid with respect to any ef the certificate, or that all Assessments, interest and 4.10 Certificate of Payment. Usp hall be conclusive and binding with regard to any matter Association and any bona fide purchaser of, or lender on, the Lot Notwithstanding anything to the contrary contained in this tial Assessment shall be made without the approval of Declarant for so long pursuant to this Section as, in its discretion, it shall deem appropriate. Failure of the Board to exercise its authority under this Section shall not be grounds for any action against the

for so long pursuant to this Section as, in its discretion, it shall deem appropriate. Failure of the Board to exercise its authority under this Section shall not be grounds for any action against the Association or the Board and shall not constitute a waiver of the Board’s right to exercise its authority under this Section in the future with respect to any expenses, including an expense for which the Board has not previously exercised its authority under this Section. The Board may specifically assess Owners for the following expenses, except for expenses incurred for maintenance and repair to items which are the maintenance responsibility of the Association as provided in this Declaration: (a) Expenses of the Association which benefit less than all of the Lots, which may be specifically assessed equitably among all of the Lots, which are benefited according to the benefit, received; (b) Expenses incurred by the Association pursuant to Section 6.14 of this Declaration; and (c) Reasonable fines as may be imposed in accordance with the this Declaration and the Bylaws.

ARTICLE V (a) not less than three (3) or more than five (5) indiv always have an uneven number of member’ contained in this Declaration, Declarant SK have Qht, but not the obligation, to appoint all members of the ACC until the plans Da ¢ Residences for all of the Lots in the An Architectural Control Committee ( Development have been approved b hereafter, the Board shall appoint the members of the ACC. All costsyef ogeratin CC may, at the discretion of Declarant, be borne by the Association.

calendar-year term.

death, incapacity, reg emoval or otherwise, then the remaining members of the ACC acancy shall, subject to the provisions of Section 5.01(a), be filled

be borne by the Association.

calendar-year term.

death, incapacity, reg emoval or otherwise, then the remaining members of the ACC acancy shall, subject to the provisions of Section 5.01(a), be filled f at the time the Board has the right to appoint members of the 5.02 Purpose, Powers and Duties of the ACC. The purpose of the ACC is to assure that any installation, construction or alteration of any Structure on any Lot shall be submitted to the ACC for approval [i] as to whether the proposed installation, construction or alteration is in conformity and harmony of external design and general quality with the existing standards of the Development and the Design Standards, and [ii] as to the location of Structures with respect to topography, finished ground elevation and surrounding Structures. To the extent necessary to carry out that purpose, the ACC shall have all of the powers and duties to do each and every thing necessary, suitable, convenient or proper for, or in connection with, or incidental to, the accomplishment of that purpose, including, without limitation, the power and duty to approve or disapprove plans and specifications for any installation, construction or alteration of any Structure on any Lot.

5.03 Officers, Subcommittees and Compensation. The members of the ACC shail appoint a Chairman from among their number and may appoint from among their number any other officers and subcommittees of members of the ACC as they shall from time to time determine necessary. The members of the ACC shall be reimbursed by the Association for travel expenses and other reasonable out-of-pocket costs incurred in the performance of their. S as members of the ACC.

5.04 Operations of the ACC.

(a) Meetings. The ACC shall hold regular meetings at legs

l expenses and other reasonable out-of-pocket costs incurred in the performance of their. S as members of the ACC.

5.04 Operations of the ACC.

(a) Meetings. The ACC shall hold regular meetings at legs months or more often as may be established by the ACC. Special mee of the ACC shall be mailed to each member thereof g&his or F g place of business at least ten (10) days before th the meeting is to be held. Notice of regular and special meetings need not specify the p r purposes for which the meeting is notice either before or after the meeting A Jafite ofa member of the ACC at a meeting shall constitute a waiver of notice of the i ad Ahall constitute a waiver of any and all objection or objections to the q At each meeting of the ACC, the ay en in office shall constitute a quorum for the wise provided in this Declaration, the act of a majority St any regular or special meeting thereof at which a e act of the ACC. In the absence of a quorum, any e time and place of the meeting may adjourn the meeting orum shall be present. At any adjourned meeting at which a ess may be transacted which might have been transacted at the transaction of business.

of the members of the A Ss Yor inspection by Members of the Association and by the Association's action required to be taken at a meeting of the ACC, or any action which may eeting of the ACC, may be taken without a meeting if written consent, setting so taken, shall be signed by all the members of the ACC and be filed with the minutes of the proceedings of the ACC. That consent shall have the same force and effect as a unanimous vote, and may be stated as such in any document filed by the ACC.

(b) Activities.

[i] The ACC shall adopt and promulgate the Design Standards described in

have the same force and effect as a unanimous vote, and may be stated as such in any document filed by the ACC.

(b) Activities.

[i] The ACC shall adopt and promulgate the Design Standards described in Section 5.05 of this Declaration and shall, as required, make findings, determinations, rulings and orders with respect to the conformity with those Design Standards of plans and specifications submitted for approval to the ACC pursuant to the provisions of this Declaration. The ACC shall, as required, issue permits, authorizations or approvals, which may include specific requirements or conditions, pursuant to the provisions of this Declaration.

[ii] Any two (2) or more members of the ACC may be authorized by the ACC to exercise the full authority of the ACC with respect to all matters over which the ACC has authority as may be specified by resolution of the ACC, except with respegryto the adoption or promulgation of the Design Standards. The unanimous action of the\two (2) however, to review and modification by the ACC on its own motiop~o applicant to the ACC as provided in this paragraph [ii]. Written noticevor : two (2) or more members shail, within five (5) working days % se Given to any applicant for an approval, permit or authorization. Theapplidar days after receipt of notice of any decision which he written request to have the matter in question review any request, the matter with respect to which the r to, and reviewed promptly by, the ACC, but } gatisfactory, file a , Upon the filing of 5.05 mand content of plans and specifications to be pursuant to the provisions of this Declaration; ing guidelines with respect to the approval and disapproval of architectural styles, exterior colors and materials, details of

and specifications to be pursuant to the provisions of this Declaration; ing guidelines with respect to the approval and disapproval of architectural styles, exterior colors and materials, details of iv] Assuring the conformity and harmony of external design and general f the Development.

(b) The ACC shall make a published copy of its current Design Standards readily available to Members and prospective Members of the Association and to all applicants seeking the ACC's approval.

5.06 Submission of Plans and Specifications. No Structure shall be commenced, erected, placed, moved onto or permitted to remain on any Lot, nor shall any existing Structure upon any Lot be altered in any way which materially changes the exterior appearance of the Structure or Lot, unless plans and specifications therefore shall have been submitted to and approved in writing by the ACC. All plans and specifications shall be in the form and shall contain the information as may be reasonably required by the ACC in the Design Standards, including but not limited to: (a) A site plan showing the location of all proposed and existing Structures on the Lot including building setbacks, open space, driveways, walkways and all siltation and erosion control measures; (b) — A foundation plan; (c) A floor plan; (d) Exterior elevations of all proposed Structures and alte Structures, as the Structures will appear after al! back-filling and landscapi (e) Specifications of materials, color scheme, |j sch 7 affecting the exterior appearance of all proposed StruCtyres a Brations to existing Structures; and (f) Plans for landscaping and grading.

exterior color schemes may be submitted Par, app So long as all Structures are in substantial submission is required.

5.07 Approval of Plans and be

ructures; and (f) Plans for landscaping and grading.

exterior color schemes may be submitted Par, app So long as all Structures are in substantial submission is required.

5.07 Approval of Plans and be Peclaration, two (2) copies of those plans and arfy plans and specifications relating to any Lot or Structure ucture and that approval may not be revoked or rescinded has been adherence to, and compliance with, those plans and and any conditions attached to approval of those plans and submitting the same.

shall be final as to specifications, specification 5.08 Qupligation. Once the ACC has approved a set of final plans and specifications (i ij ot limited to, exterior colors) submitted by a Homebuilder for a Structure to be cons ya Lot, that Homebuilder may use such plans and specifications for other homes it will Comstrtict on the Property provided that (a) there shall be at least two Lots on the same side of the street between Lots with houses using the same or substantially the same exterior elevations; and (b) no Structure with the same or substantially the same exterior elevations shall be constructed on Lots directly across the street from each other.

5.09 Disapproval of Plans and Specifications. The ACC shall have the right to disapprove any plans and specifications submitted pursuant to this Declaration because of any of the following: (a) The failure to include information in the plans and specifications as may have been reasonably requested; (b) The failure of the plans or specifications to comply with this Declaration or the Design Standards; or (c) Any other matter which, in the judgment of the ACC, would be likely to cause the proposed installation, construction or alteration of a Structure [i] to fail to be in conformity and

Standards; or (c) Any other matter which, in the judgment of the ACC, would be likely to cause the proposed installation, construction or alteration of a Structure [i] to fail to be in conformity and harmony of externa! design and general quality with the standards for the Developmeptyas set forth in the Design Standards, or [ii] as to location to be incompatible with topography, Yinished any plans and specifications submitted hereunder, or shall approve the same or upon specified conditions, such disapproval or qualified approval shall be 510 Obligation to Act. The ACC shall take action on any pecifications submitted as provided in this Declaration within fifteen (15) days aftéy fecei ereof. Approval by the 5.11 Inspection Rights. Any employee reasonable notice, at any reasonable tip for the purpose of ascertaining yethg of any Structure or the use of 3F énter upon any Lot and Structure thereon ipftatdtion, construction, alteration or maintenance ser the ACC, nor any such agent shall be deemed to ngful act solely by reason of that entry or inspection, a with the plans and specifications approved by the ACC pursuant le, then that erection, placement, maintenance or alteration shall been undertaken in violation of this Article and without the approval étion. If in the opinion of the ACC a violation shall have occurred, then tify the Association and the Board shall take appropriate measures to correct he Board shall provide written notice to the Owner by certified mail, setting afoplable detail the nature of the violation and the specific action or actions required to reméed e violation. If the Owner shall not have taken reasonable steps toward the required remedial action within thirty (30) days after the mailing of the notice of violation, then

ctions required to reméed e violation. If the Owner shall not have taken reasonable steps toward the required remedial action within thirty (30) days after the mailing of the notice of violation, then the Association shall have the Right of Abatement as provided in Section 8.02 of this Declaration.

5.13. Fees. The ACC may impose and collect a reasonable and appropriate fee to cover the cost of review of plans and of inspections performed pursuant to Section 5.10. The fee shall be established from time to time by the ACC and published in the Design Standards.

5.1 Nondiscrimination by ACC. The ACC shall not discriminate against any applicant requesting its approval of plans and specifications because of the applicant’s race, color, sex, religion, age or national origin. The ACC in the exercise of its powers granted pursuant to this Declaration shall not take any action the intent or effect of which is to discriminate against persons of a particular race, color, sex, religion, age or national origin.

5.15 Disclaimer_as to ACC Approval. Plans and specifications are not reviewed for all systems, mechanical, plumbing, electrical, engineering, or structural design or quality of approval, or to any Owner of property affected by these Restrictions, 0 judgment, negligence, or nonfeasance arising out of or in disapproval or failure to approve or disapprove any plans op employees, and agents of any of them to recover a and covenants not to sue for any claims, demand connection with any judgment, negligence, or no improvements to those Lots where Residences have been ¢ owned by someone other than Declarant, its successors or assigns ig Committee will be comprised of not less than three (3) members with ethers required to be members of the Association. The Modifications

ed by someone other than Declarant, its successors or assigns ig Committee will be comprised of not less than three (3) members with ethers required to be members of the Association. The Modifications governed by the Board and shall generally adhere to all the provisions set The Modifications Committee shall promulgate detailed standards and procedures governing its area of responsibility and practice. In addition thereto, the following shall apply: plans and specifications showing the nature, kind, shape, color, size, materials and location of the modifications, additions, or alterations, shall be submitted to the Modifications Committee for approval as to quality of workmanship and design and harmony of external design with existing Structures and as to location in relation to surrounding Structures, topography, and finish grade elevation. Nothing contained in this Declaration shall be construed to limit the right of the Owner to remodel the interior of a Structure or to paint the interior of a Structure any color desired.

ARTICLE VI GENERAL COVENANTS AND RESTRICTIONS 6.01 Application. The covenants and restrictions contained in this Article shall pertain and apply to all Lots and to all Structures erected or placed thereon.

6.02 Restriction of Use. All Residences, Structures and other improvements erected, or placed on a Lot shall be of new construction. No structure of a temporary cha commercial, manufacturing, mercantile, storing, vending, or other yO Bqtial purposes, unless prior written approval is obtained from Declarant.

Temporary structures and model homes may be [st ilding offices and other related purposes by Declarant or a Homebuilder who is curfent yucting homes for resale within the Property. No Homebuilder shall be allo to max office or model home for

be [st ilding offices and other related purposes by Declarant or a Homebuilder who is curfent yucting homes for resale within the Property. No Homebuilder shall be allo to max office or model home for the purpose of the sale of homes unless the Homeb is conducting an active sales program within the Property and not for the purpose of sa other subdivisions outside of the Property. © 6.03 Resubdivision of Property. No Lot sale, resale, gift, transfer, or otherwise &Brior written approval of the ACC of plans Sion or combination. Once any Lots are gr; without the prior written approval of the ACC.

The Owner of a Lot resultiad rabination of more than one Lot shall be responsible for annual and special 4 sed upon the number of Lots (or portions thereof) combined into one Lot.

sity which may create erosion or siltation problems shall be t the prior written approval of the ACC of plans and specifications hese means may include (by way of example and not of limitation) ontrolling the run-off and drainage of water, special precautions in grading changing the natural landscape and required landscaping as provided for in uidelines for the prevention and control of erosion and siltation may be included aff Standards of the ACC. The ACC may approve a general plan of Erosion Control for all homebuilding activity within the Property by a Homebuilder 6.05 Landscaping. No construction or alteration of any Structure shall take place without the prior written approval by the ACC of plans and specifications for the landscaping to accompany the construction or alteration. A written plan of landscaping must be submitted to the ACC prior to installation of any materials; this plan shall include a drawing to show location and

g to accompany the construction or alteration. A written plan of landscaping must be submitted to the ACC prior to installation of any materials; this plan shall include a drawing to show location and description of all “hardscape” items such as fences, walls, rocks and so forth. A typical landscape plan may be submitted to the ACC in lieu of an individual plan for each Lot. Owner shall be required to sod the front yard and all side yards which are visible from a street with a permanent, heat tolerant grass (i.e. Bermuda, St. Augustine, or other grass approved by the ACC). Ground cover composed of living material such as ivy or Asiatic jasmine may be allowed if approved by the ACC. The landscape plan must include the addition of at least one (1) tree in the front yard having a minimum diameter of three (3) inches (measured from a point two (2) feet above ground level), one significant shrub of three (3) feet in minimum height and a minimum of eight (8) two gallon shrubs, appropriate to the soil conditions of each lot. Tree variety shall be limited to any of the following species: Live Oak, Schumard Red Oak, Bur Oak, Cedar Elm, Bradford Pear or Chinese Pistachio.

No “desert style” landscaping, rock covered yards, or other stone yg allowed.

landscaping must be submitted for approval by the ACC int Once the plans have been approved by the ACC, a zune fra The Homebuilder shall be responsible g and installing landscaping as required in this covenant as a part of ito é the homebuyer. Notwithstanding the preceding sentence, should the Homebuild fiete the proper landscaping before the closing of the sale of the Residence Dtiyer, the Owner shall be responsible for completing landscaping aceeraiage U 6.06 ter of three (3) inches or more (measured from a

proper landscaping before the closing of the sale of the Residence Dtiyer, the Owner shall be responsible for completing landscaping aceeraiage U 6.06 ter of three (3) inches or more (measured from a ll be removed from any Lot unless either the removal Existing Trees. No ed, temporarily or permanently, as a residence on any Lot except as J iving quarters required or desirable for security purposes in accordance vifications therefor approved by the ACC. Temporary structures and model @utbildings. No metal storage outbuildings shall be erected, placed or maintained upon any Lot in the Property. No treehouse or children’s playhouse shall be permitted on any Lot in the Development without prior written approval of the ACC. Outbuildings or other structures, temporary or permanent, other than the Residence or garage shall be limited to eight feet (8’) in height and shall be subject to approval by the ACC. Any other type of permitted outbuilding must be in keeping with the overall character and aesthetics of the Residence located on the Lot. The ACC shall require prior approval of, but not limited to, all outbuildings, play structures, shade structures or pool buildings. Any outbuilding will be 20 » required to be constructed with material and of a design that is determined by the ACC to be compatible with the design of the Residence. All playground and recreational equipment shall be placed at the rear of a Lot. No outbuilding or play structure will be permitted to be placed on easements or forward of the front building line. All Structures must be located more than ten feet (10’) from the side and rear Lot lines. The ACC is hereby authorized to determine what constitutes a violation of this restriction.

ont building line. All Structures must be located more than ten feet (10’) from the side and rear Lot lines. The ACC is hereby authorized to determine what constitutes a violation of this restriction.

6.09 Prefabricated Structures. Prefabricated or factory built structures shall not be permitted within the Property, and such manufactured units shall not be employed as elementa,in the construction of Structures affixed to Lots except by written consent of the ACC.

6.10 Signs.

(a) No signs whatsoever (including but not limited to commerciahane shall, without the ACC’s prior written approval of plans and specificatig efor S6e installed, altered or maintained on any Lot, or on any portion of a Structure i thereof, except: [i] Signs as may be required by applicab Ss, ragulations or ordinances; [ii] Not more than ane “For Sale area of four square feet; provided that such_si of a Lot; and, provided, further, that if, at 4A Association is making “For Sale” i available by the Association must be gn, suchsign having a maximum face ay only be displayed in the front yard @ OF any desired use of such sign, the OF the use of Owners, the signs made r or pedestrian safety in accordance with ACC; [iii] | Directiona plans and specificatio [iv] An jurisdiction; and by any governmental authority having appropriate (b) evel job idenkific sl approved by the ACC.

r rent” or “for lease” signs are prohibited.

he number of temporary signs must be kept to a minimum and may be put up no soo an 24 hours in advance of a sale. Signs must be removed promptly after a sale has ended, (e) No sign may be placed on the Common Property or the entrance areas to the Development without written approval of the ACC.

6.11 Setbacks. Building area set backs shall be within the building lines (if any) indicated on

ced on the Common Property or the entrance areas to the Development without written approval of the ACC.

6.11 Setbacks. Building area set backs shall be within the building lines (if any) indicated on the Plat and as specified in the applicable portions of the City of Fort Worth Subdivision 2] Ordinance (the “Subdivision Ordinance”). In no event shall the setbacks be less than those required by the Subdivision Ordinance unless the appropriate governmental authority grants a variance and approved by the ACC. In approving plans and specifications for any proposed Structure, the ACC may require more restrictive setbacks than the minimum specified in the Subdivision Ordinance for the location of such Structure. All setbacks shall be established so that they do not violate the provisions of the Subdivision Ordinance and other applicable ordinances, laws, rules, regulations or the provisions of the Plat. No Structure shall be erected or placed on any Lot unless its location is consistent with those setbacks.

6.12 Retaining Walls and Fences. All improved Lots must have rear and side yard installed and maintained. No fence or wall of any kind shall be erected, maintaine on any Lot without the prior written approval of the ACC of plans and specifica fences and walls. No fence shall be constructed in violation of any applicabje rules, regulations, or the provisions of the Plat.

ering iVat? spaces or in Objeg’s which may be fenced or screened include; (1) free standing utility appard transformers, switching equipment, etc.; (2) exterior, ground level machinery, and air conditioning equipment; (3) outside storage and service areas fax equip Snd’supplies; and (4) refuse containers and related storage areas.

Fences and screening may also be used within the Prop

and air conditioning equipment; (3) outside storage and service areas fax equip Snd’supplies; and (4) refuse containers and related storage areas.

Fences and screening may also be used within the Prop to attract or to divert attention to or from particular vie arth banks and berms which shall anf ynaterial as approved by the ACC; (2) e walls or other materials which would decorative iron as approved by the ACC; or ais must be submitted to and approved by the Acceptable methods of screening are as have a maximum slope of 2:1 and be co landscaping planting screens, hedges, etc.; be compatible with the approved retaini (5) fencing as approved by the ay en ACC prior to construction.

General guideliney fartence include: (1) no woven metal or chain link fences will be allowed except as appre enclosures to be screenec fencing from direct view from the street as well as other S ay be required and approved by the ACC; (2) no fence which completely blac shall be constructed except where the need for privacy is evident A 3) have wooden or steel poles or posts; (4) minimum six (6) feet and a me ve grade in height; (5) have slats measuring between three and onehalf (3 and ‘st (6) inches wide which are installed vertically only (not horizontally or diagonall ye an even flat top; (7) be installed with the smooth surface side facing the painted @ined on any surface which is visible from the ground level of any street or adjoining Lot; provided, however, a clear finish that does not add a color to the wood may be used with the exception of Academy Boulevard and Alemeda Street which may be stained a uniform color for their entire length subject to ACC approval.

6.13 Roads and Driveway. No road or driveway shall be constructed or portion altered on

ulevard and Alemeda Street which may be stained a uniform color for their entire length subject to ACC approval.

6.13 Roads and Driveway. No road or driveway shall be constructed or portion altered on any Lot without the prior written approval of the ACC of plans and specifications for such roads and driveways. Guidelines relating to the design and location of roads and driveways may be 22 included in the Design Standards of the ACC. No road or driveway shall be constructed in violation of the Plat or any applicable ordinances, laws, rules, regulations.

6.14 Antennae. No antennae shall be installed or used for the purpose of receiving of electronic signals unless installed in the attic of a Residence or otherwise not in view from any public or private street Any antennae installed “otherwise not in view from any public or private street” shall not be more than 24” in diameter.

6.15 Clotheslines, Garbage Cans, Etc. ll clotheslines, equipment, garbage Ss and of-way, and the improvements, sod, trees, hedges, and plantings attractive condition. Such maintenance shall include regular-mowihg embellishments unless such specific item(s) has b Association or Declarant shall have the right, after te end of such time such action has not al the grass thereon, [ii] to remove any debri planting that, in the opinion of the Asso or the planting that, in the opinjan of {the on or Declarant, by reason of its location or height or the manner in whichAt ae fitted to grow, is detrimental to the enjoyment of Itappearance, [iv] to repair or stain/paint any fence adjoining property or is ony, with respect to color, with fencing on adjacent property, and [v] to do all things necessary or desirable in the opinion of the Association or Declaran

in/paint any fence adjoining property or is ony, with respect to color, with fencing on adjacent property, and [v] to do all things necessary or desirable in the opinion of the Association or Declaran 6.17 Commercial and Recreational Vehicles and Trailers. No commercial vehicle, commercial use truck, bus, trailer, mobile home, recreational vehicle, camper, truck with camper top, boat, boat trailer, self-propelled or towable equipment or machinery of any sort any item deemed offensive by Declarant, ACC, or Association or like equipment shall be permitted on any Lot on a permanent basis. Nor shall any such equipment be allowed on any street right-of-way without movement for a period of twenty-four (24) hours or more during a period of seven (7) 23 consecutive days. No junk vehicles or vehicles in disrepair or neglect shall be stored, repaired or displayed on any Lot, street or otherwise in the Development. Notwithstanding the foregoing, any such vehicles or equipment may be stored on a Lot, provided such vehicle or equipment is kept in an enclosed space and is concealed from view by neighboring residences and streets. During the construction of improvements on a Lot, necessary construction vehicles may be parked thereon for and during the time of construction of the Residence.

This restriction shall not apply to automobiles or small passenger trucks in good repair and attractive condition, provided that those vehicles are parked on an improved dAveway front or side lawn within view of the public.

6.18 Recreational Equipment. Recreational and playground equipment 4 constructed of a clear plexiglass as approved by the ACC.

allowed.

6.19 Non-Discrimination. No Owner or person authorized sell or rent, after receiving a bona fide offer, or ref

playground equipment 4 constructed of a clear plexiglass as approved by the ACC.

allowed.

6.19 Non-Discrimination. No Owner or person authorized sell or rent, after receiving a bona fide offer, or ref otherwise make unavailable or deny the purchase of race, color, religion, sex, age or national origin.

notwithstanding, this covenant shall run with t limitation in time.

in this Declaration to the contrary hall remain in effect without any 6.20 Animals. No agricultural anima B pt on any Lot and no animals, including birds, insects, reptiles, sheep qi 3 determination as to what i iskept in a household must be confined to its Owner’s Lot ard fence, a leash or within the residence. No animal shall be axrant County shall also apply to this animal husbandry provision. No fed to become a nuisance. No Structure for the care, housing or animal shall be constructed, placed or altered on any Lot unless plans and sf and Rubbish Removal. The Board shall make or cause to be made appropriate arrangements with a waste management company for collection and removal of each Resident's garbage and trash on a regular basis. As part of the regular Annual Assessment, each Owner shall be assessed his pro rata share of the costs for such removal of garbage and trash according to Section 4.04 of this Declaration. Each and every Owner shall observe and comply with any and all regulations or requirements promulgated by the County, Association and/or other applicable governmental authority, in connection with the storage and removal of trash and garbage. No trash, rubbish, garbage, manure, or debris of any kind shall be kept or allowed to remain on any Lot. The Owner of each Lot shall remove such prohibited matter from

nd removal of trash and garbage. No trash, rubbish, garbage, manure, or debris of any kind shall be kept or allowed to remain on any Lot. The Owner of each Lot shall remove such prohibited matter from the Owner’s Lot at regular intervals at the Owner’s expense, and prior to such removal all such prohibited matter shall be placed in sanitary refuse containers constructed of metal, plastic or masonry materials, with tight fitting lids or other containers approved by the Association, in an area adequately screened by planting or fencing so as not to be seen from neighboring Lots or public or private streets. If rubbish, garbage, or any other form of solid waste is to be disposed of by being collected on a regular and recurring basis, containers may be placed in the open on the night before a pick-up is to be made, in order to provide access to persons making such pick-up. After the trash, garbage or waste matter has been collected on such schedule@Way, all with the exterior of the home. Except during approved construction and as A appropriate governmental authority, no person shall burn rubbish, garbage, of solid waste on any Lot or on Common Property. Except for building during the course of construction of any Structure approved by the A bulk materials or solid waste of any kind shall be kept, stored, omallo Lot unless screened or otherwise handled in a manner sé i Reasonable amounts of construction materials and equip (be stored upon a Lot for 6.22 Reasonable Enjoyment. No nuisance sha er be erected, placed, or suffered to remain upon any Lot in the Property and no Owne shall use the same so as to endanger the heal other Owner or Occupant. No noxious e nor shall anything be done thereof which e the community. The Association’s Boa violation of this restriction.

Owne shall use the same so as to endanger the heal other Owner or Occupant. No noxious e nor shall anything be done thereof which e the community. The Association’s Boa violation of this restriction.

Exterior Surfaces ; by the ACC at least fifty percent (50%) of all exterior surfaces of a Residép hall nstructed of masonry, brick, stone or stucco. No Masonite, plywood or vinyp ai, be permitted. All exterior surfaces shall be in subdued colors and samples mu € for ACC approval. Old used brick will be accepted in e painting of brick. . Windows, doors, other openings, reas above the height of the top of standard height first-floor Pur the reasonable enjoyment of any jty shall be carried on upon any Lot, y become an annoyance or nuisance to uthorized to determine what constitutes a ity standards. The Homebuilder may only use stucco as outlined in the hich will accompany the written approval, if granted.

6.25 Roof. Minimum roof pitch on the front elevation shall be 6:12, unless approved by the ACC. Unenclosed front porches, dormers, bay and box windows may have a roof pitch of 3:12.

Certain architectural styles, e.g. Georgian, do not require as steep a minimum roof pitch and will be analyzed on a case by case basis by the ACC. Roofing materials having a minimum of a twenty year roof rating must cover each roof.

25 6.26 Driveways. Driveways shall be constructed with concrete or other hard surface material such as paving stones or brick that is compatible with the overall landscape flatwork scheme and as approved by the ACC. Existing trees, topography and landscape planning should be taken into consideration and where possible driveways should curve. Front yard circular driveways and off street parking areas may be approved at the discretion of the ACC.

andscape planning should be taken into consideration and where possible driveways should curve. Front yard circular driveways and off street parking areas may be approved at the discretion of the ACC.

6.27. Pools and Spa Equipment. Plans for proposed swimming pools, hot tubs, surrounding decks, fencing and screening must be submitted for approval before any clearing, grading or construction is commenced. All swimming pools and hot tubs must be fenced in acgéxdance with the applicable City of Fort Worth Ordinance. No aboveground pools will be approved 6.28 Mailboxes. The ACC will establish and maintain standard mailbg numbering standards throughout the Property.

6.29 Street address numbers are required on each Residence and stone blocks.

offices, construction offices, and storage facilities fo construction and sales within the Property. Excep noxious or offensive activity of any sort shall b Lot which may be or become an annoyan 6.31 Septic Tanks. No cesspool, sept Lot.

6.32 At Period. During that period of time while any the Property are being developed and marketed (the “Development Period”), Dg ith the right of assignment, shall have and hereby reserves the right to reasonable Common Area and land owned by Declarant within the iting the generality of the foregoing, Declarant may erect and femparéry buildings, model homes, and other structures, as Declarant may ary or proper with the proctor development, and marketing of land Development.

maintain such sbijilder Rights. During the Development Period, the ACC shall have the right to \apphraved Homebuilder in the Development the right to erect and maintain such signs, model freraés, and other structures as the ACC may reasonably deem necessary or proper in

shall have the right to \apphraved Homebuilder in the Development the right to erect and maintain such signs, model freraés, and other structures as the ACC may reasonably deem necessary or proper in connection with Homebuilder’s promotion, development, and marketing of Lots and Residences located within the Development. The approvals granted by the ACC, as described above, are discretionary and may be revoked if in the opinion of Declarant the Homebuilder does not comply with guidelines established by the ACC or Declarant. Homebuilder shall be given at least ten (10) days notice to comply with any revocation of approval by the ACC.

26 6.34 Construction Work. Except in an emergency, or when other unusual circumstances exist as determined by the Board, outside construction work or noisy interior construction work shall be permitted only after 6:00 A.M. and before 9:00 P.M.

6.35 Electrical, Telephone and other Utility Lines; Electrical Service. All electrical, telephone and other utility lines and facilities which [i] are located on a Lot, [ii] are not within or part of any Structure, and [iii] are not owned by a governmental entity, a public utility company, or the Association, shalt be installed in underground conduits or other underground facilities. Lighting fixtures may be installed above ground if approved in writing by the ACC.

6.36 Window Coolers. No window or wall type air conditioners or water co be permitted to be used, erected, placed or maintained on, or in, any Residencg 2 the Lot.

6.38 Garages. No Residence shall be construct maintained on that Lot large enough to accommo at a minimum two (2) full size automobiles. rages must have garage doors harmonious in quality and color with the x ria ssidence. All garage doors shall be

intained on that Lot large enough to accommo at a minimum two (2) full size automobiles. rages must have garage doors harmonious in quality and color with the x ria ssidence. All garage doors shall be forever, the right to grgata perpertial easements in, on, over and under any part of the Property for any purpose w ich 08 larant deems necessary, including, by way of example, and not he erection, installation, construction and maintenance of wires, lines, ant poles and the necessary or proper attachments in connection with the ssion of electricity, telephone, cable television cables and other utilities and acilities; [ii] The erection, installation, construction and maintenance of storm-water drains, land drains, public and private sewers, irrigation systems, pipelines for supplying gas, water and heat, and for any other public or quasi-public facility, service or function; [iii] Slope control purposes, including the right to grade and plant slopes and prevent the doing of any activity which might interfere with slopes or which might create erosion or sliding problems of which might change, obstruct or retard drainage flow; and 27 [iv] The planting or re-planting of hedges, shrubbery, bushes, trees, flowers and plants of any nature.

(b) An easement is hereby granted to all police, fire protection, ambulance and other emergency vehicles and other service vehicles to enter upon the Common Property in the performance of their duties. An easement is hereby granted to the Association, its officers, agents, employees, and management personnel, to enter the Common Property at any time to render any service or perform its obligations under this Declaration.

(c) Declarant hereby reserves an Easement and Right-of-Way over ang

agement personnel, to enter the Common Property at any time to render any service or perform its obligations under this Declaration.

(c) Declarant hereby reserves an Easement and Right-of-Way over ang portion of the Lots fronting the Development upon which the Wall is currentl a purposes stated in the definition of Common Property set forth hereinabgr Way to the Association, to be held and maintained as Common herewith.

(d) Each Lot and its Owner is hereby declared tofhéve an gagement, and the same is hereby granted to Declarant, over all adjoining Lots and Camron Pfoperty for the purpose of accommodating any encroachment due to engineergg erro g on any Lot is partially or totally destroyed a Lot agree that minor encroachments o fon services and utilities are made available to any jal cable system, then the company furnishing those A on the permanent improvement or Structure constructed, or ot, and in a direct line from said nearest utility easement to said ch Of the easements hereinabove referred to shall be deemed to be Ne recordation of this Declaration and shall be appurtenant to the Lot being conveyed by Declarant to the Association in a manner which is inconsistent or which interferes with the intended use for such easement.

(h) Each Owner grants to the Association, the Board, and the Declarant, the right to access, repair and maintain all facilities and improvements within any wall, entry fence, landscape, or other similar easement as recorded on any Plat. By acquisition of a Lot, each Owner hereby grants, creates and conveys unto the Association, the other adjacent Owners and the Declarant a perpetual Drainage Easement (herein so called) over, through, under and across the Owner’s Lot for the purpose of permitting runoff and/or storm water to drain from

adjacent Owners and the Declarant a perpetual Drainage Easement (herein so called) over, through, under and across the Owner’s Lot for the purpose of permitting runoff and/or storm water to drain from other adjacent Lots over, through, under and across the Owner’s Lot(s). Without limiting the foregoing, in order to facilitate drainage from the Property subject to the Declaration over, through, under and across the Owner's Lot, each Owner hereby agrees that the Declarant or the Association, as the case may be, shall have the right enter onto the Owner’s Lot at any time to (i) prevent possible interference with the Drainage Easement and to remove possible hazards from the Drainage Easement area, (ii) prevent the construction or placement of any building, structure or other obstruction within the Drainage Easement area which may endg interfere with the efficient and convenient use of the Drainage Easement, (iii) grade, improve, area, and (iv) or regrade portions of the Drainage Easement area necessary permit drainage as generally described herein or as approved or requiyé governmental authorities. Notwithstanding any of the foregoing rights of saciation of the Developer, each Owner hereby agrees to maintain the Drainage Easemént-area ‘at Such Owner's sole cost and expense. If any structures or other obstructian é reated or placed by any Owner within the Drainage Easement area structure or obstruction at the sole cost of such Owner. emove the structure or the obstruction shall be charged to the Owner's asgessment\a be payable on demand, and shall be secured by lien.

essors and assigns, shall have the right 3sement Area for any of the purposes

ucture or the obstruction shall be charged to the Owner's asgessment\a be payable on demand, and shall be secured by lien.

essors and assigns, shall have the right 3sement Area for any of the purposes 7.03 Entry. Declarant and its employees, agep peut der bryan the carrying out of such purposes, provided f\previsions of this Section. Declarant and its for which such Easement Area is reserved, or wrongful act solely by reason of suc the same are done in accord i employees, agents, SUCCeSSOL created or imposed the Plat, applicable nd pre. Dec hare ora ; a eS s, or by the laws, rules or regulations of any governmental body, fab it between those laws, rules or regulations and the covenants, ARTICLE VIII ENFORCEMENT 8.01 Right of Enforcement. This Declaration and the Restrictions contained in this Declaration shall inure to the benefit of and shall be enforceable by [i] Declarant, [ii] the Association, and [iii] each Owner and the Owner's heirs, legal representatives, successors and assigns.

29 ) 8.02 Right of Abatement.

(a) Except where different notice provisions are provided in Sections 5.11 and 6.14, in the event of a violation or breach of any Restriction contained in this Declaration, the Association shall give written notice by certified mail to the Owner setting forth in reasonable detail the nature of such violation or breach and the specific action or actions needed to be taken to remedy such violation or breach. If the Owner shall fail to take reasonable steps to remedy such violation or breach within thirty days (30) after the mailing of said written notice, then the Association shall have the right of abatement (“Right of Abatement’).

(b) The Right of Abatement, as used in this Section and Section 5.1

y days (30) after the mailing of said written notice, then the Association shall have the right of abatement (“Right of Abatement’).

(b) The Right of Abatement, as used in this Section and Section 5.1 this Declaration, means the right of the Association, through its agents and e at all reasonable times upon any Lot or Structure as to which a violatigr condition to be remedied exists, and to take the actions specified in the abate, extinguish, remove, or repair such violation, breach or other ¢ thereon contrary to the provisions of this Declaration, without being dé is Section, and with the gys’ fees, together with binding personal obligation of such Owner enforceable law, as well as a lien on such Owner’s Lot enforceable pursuant to the provisions of Section : h may in any manner arise or be imposed upon the Lot after such entry w 3rig m or imposed by judgment or decree or by any agreement, contract, mortgage, re debt, or other instrument excepting only [i] such liens for taxes or other pyb S$ are by applicable law made superior, [ii] the liens created by Article IV o nd [iii] all deeds of trust or mortgages given to secure a loan the proceed3*9 ged (1) to purchase a Lot or Lots (together with any and all Structures whj are to time be placed or located thereon), or (2) to finance the construction, a alt@xathon of Structures.. Sale or transfer of any Lot shall not affect the assessment lie swayer, the sale or transfer of any Lot pursuant to the alextinguish the lien of such assessments as to payments or shall relieve such Lot from liability for any assessments thereafter acforMance. Nothing contained in this Declaration shall be deemed to affect or h Ne Declarant, the Association or any Owner to enforce the Restrictions by

from liability for any assessments thereafter acforMance. Nothing contained in this Declaration shall be deemed to affect or h Ne Declarant, the Association or any Owner to enforce the Restrictions by papossible to measure accurately in money the damages which will accrue to a beneficlary-6f this Declaration, its transferees, successors or assigns, by reason of a violation of, or failure to perform any of the obligations provided by, this Declaration; and therefore, any beneficiary of this Declaration shall be entitled to relief by way of injunction or specific performance, as well as any other relief available at law or in equity, to enforce the provisions of this Declaration.

30 8.04 Collection of Assessments, and Enforcement of Lien.

(a) If any Assessment, interest, cost or other charge is not paid as required by this Declaration, the Association may [i] bring an action at law against the Owner personally obligated to pay the same, [ii] bring an action to foreclose any lien created by this Declaration against the Lot or Lots subject to the lien, (which shall include the right, but not the obligation, to file a notice of lien against said Lot in the deed records of Tarrant County, Texas), or both, for the purpose of collection such Assessment, cost or charge, plus any interest thereon and costs of collection, including reasonable attorneys’ fees.

(b) As an additional remedy, but in no way as a limitation on the re Assessment, interest, cost or other charge is not paid as required by this Be Owner hereby grants to the Association and its assigns the following irye attorney. To sell the said Lot or Lots subject to the lien at auction, conducting sales at the Courthouse in Tarrant County, Texas, to the

grants to the Association and its assigns the following irye attorney. To sell the said Lot or Lots subject to the lien at auction, conducting sales at the Courthouse in Tarrant County, Texas, to the the Texas Property Code, all other notice being hereby Avaived b) éath/ Owner, and the Association or any person on behalf of the Association, of dssi yay bid and purchase at such sale and thereupon execute and deliver to the purc conveyance of said property in fee simple, which happenings of the default upon which the execu of the power of sale granted in this Declaration depends, and each Owner hereby consti covenants and agrees that the recitals sof> Ade the Association, or its assigns, shall be binding and conclusive upon the Owner whg : the heirs, executors, administrators and-a ch Owner, and the Association or assigns A reserving therefrom the entire amount of 4e/ together with all costs and expenses of sale and dué for attorneys’ fees, shall pay any excess to such ci Owner as provided by law. The power and agency interest and are irrevocable by death, incapacity, or ATION, AND EACH OWNER WAIVES OWNER’S RIGHTS, IF ANY, TO SET ASIDE OR INVALIDATE ANY SALE DULY CONSUMMATED IN ACCORDANCE WITH THE PROVISIONS OF THIS DECLARATION ON THE GROUND (IF SUCH BE THE CASE) THAT THE SALE WAS CONSUMMATED WITHOUT A PRIOR JUDICIAL HEARING. ALL WAIVERS BY OWNER IN THIS PARAGRAPH HAVE BEEN MADE VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY, AFTER OWNER HAS FIRST BEEN ALLOWED THE OPPORTUNITY TO CONSULT LEGAL COUNSEL WITH RESPECT TO OWNER’S POSSIBLE RIGHTS.

31 8.05 No Waiver. The failure of Declarant, the Association, or any Owner or their respective heirs, legal representatives, successors and assigns, to enforce any Restrictions contained in

LE RIGHTS.

31 8.05 No Waiver. The failure of Declarant, the Association, or any Owner or their respective heirs, legal representatives, successors and assigns, to enforce any Restrictions contained in this Declaration shall not be considered a waiver of the right to do so thereafter, as to the same violation or breach or as to any violation or breach occurring prior or subsequent thereto.

ARTICLE IX DURATION AND AMENDMENT 9.01 Duration. This Declaration and the Restrictions contained in this Declaration shell run with and bind the Property for a period of twenty (20) years from and after the date ten (10) years; provided, however, that after the end of the said twenty ( 2 gnd during any ten (10) year renewal period (but only during such renewal period aciaration and the Restrictions contained in this Declaration may be terminated by’gr.in Snt executed by the proper Association officers and recorded in the deed recards , Texas, or in such other place of recording as may be appropriate a¥ the xecution of such instrument, pursuant to a resolution approving such termifation whk{ch is approved by a twothirds (2/3) vote of those Class A Members of the Associatign Wwho gfespresent in person or by proxy and voting at a meeting of Members duly heldin accdxdance with the provisions of the Bylaws of the Association.

9.02 Amendments by Declarant. Durin appoint and remove any directors and Declaration by an instrument in writing fi County, Texas, without the approval of or mortgagee; provided, however, that [i] anges any Owner's right to the use and n Property as set forth in this Declaration or if é title to any Lot, then the proposed amendment Mnsent thereto by a majority in number of the then or [ii] if the proposed amendment would materially and

roperty as set forth in this Declaration or if é title to any Lot, then the proposed amendment Mnsent thereto by a majority in number of the then or [ii] if the proposed amendment would materially and se@turity and interest of any mortgagee, then the proposed the proposed amendment shall be valid only upon amendment shall beA@t wgon the written consent thereto of all mortgagees so affected.

Declarant shall cert endment made pursuant to this Section as having been duly approved by 8 the Members and mortgagees if required, and shall be effective only upg Hanser at such later date as shall be specified in the amendment itself. Each aim gS are permitted by this Section and further agrees that, if requested to do so by q Mie] Owner will consent to the amendment of this Declaration or any other instrd ¥ rdlating to the Development [i] if such amendment is necessary to bring any provisi his Declaration or thereof into compliance or conformity with the provisions of any applicable governmental statute, rule or regulation or any judicial determination which shall be in conflict therewith, [ii] if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to any Lots subject to this Declaration, [iii] if such amendment is required by an institutional or governmental lender, purchaser or guarantor 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 any Lot subject to this Declaration, [iv] if any such 32 amendment is necessary to enable any governmental agency or reputable private insurance

nder or purchaser to make or purchase mortgage loans on any Lot subject to this Declaration, [iv] if any such 32 amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Lots subject to this Declaration, or [v] if such amendment is necessary to correct a scrivener’s error in the drafting of this Declaration.

9.03 Amendments by Association. Amendments to this Declaration, other than those authorized by Section 9.02 of this Declaration, shall be proposed and adopted in the following manner: (b) by either the Board or by Members of the Association. Such amendment.mus Members holding at least two-thirds (2/3) of the total votes in tH achg provided, however, [i] that any amendment which materially and ag affect en status, security and interest of any mortgagee must be approved by se aqge, and [ii] during any period in which Declarant has the right to appoint and ers and directors of the Association, such amendment must be approved by Declaran (c) The agreement of the required perc e of the Owners and, where required, Declarant and any mortgagee, to any amendment claration shall be evidenced by their execution of such amendment, or, in the alternag ided that Declarant does not then have the right to approve such amendm war atement of the President and any Vice President or the Secretary of the Associati ackéd to or incorporated in the amendment executed by the Association, which ent shall state unequivocally that the agreement of the required parties pwds | obtained. Any such amendment of this Declaration shall become effegt in the amendment itself.

ARTICLE X ION AND FUTURE DEVELOPMENT IRlish [i] filing in the deed records of Tarrant County, Texas, an approved

ed. Any such amendment of this Declaration shall become effegt in the amendment itself.

ARTICLE X ION AND FUTURE DEVELOPMENT IRlish [i] filing in the deed records of Tarrant County, Texas, an approved adiwsion plaf describing the real property to be annexed to the Property and by including on such\gubdivisién plat a statement that expressly sets forth the Declarant’s intention to make “ex€d real property subject to the provisions of this Declaration; or [ii] filing an amendment to the Declaration which has been consented to by the owners of the real property to be annexed if such real property is owned by someone other than Declarant; or [iii] amending the existing subdivision plat to include the real property to be annexed. Each Owner, by acceptance of a deed to his or her Lot, shall be deemed to have consented to and approved of all such amendments to the Declaration, amendments to any existing subdivision plats and new subdivision plats placed of record which are to be subject to the provisions of this Declaration. At the expiration of Declarant’s right to appoint and remove Directors and Officers 33 of the Association, no real property may be annexed to the Property unless such annexation is approved by a two-thirds (2/3) vote of the Members of the Association who are present in person or by proxy and voting at a meeting of Members duly held in accordance with the provisions of the Bylaws of the Association.

10.02 Future Development. Notwithstanding any other provision contained herein to the contrary, and subject to applicable zoning regulations, Declarant shall have the right, for so long as Declarant has the authority to appoint and remove Directors and Officers of the Association, to annex real property according to the procedure set forth in Section 10.94 which

he right, for so long as Declarant has the authority to appoint and remove Directors and Officers of the Association, to annex real property according to the procedure set forth in Section 10.94 which condominiums, attached townhomes, or single family residences. At the t annexation, Declarant shall determine, on an equitable basis, the proportioy right to use and are benefited by the Common Areas. Such determigtiqnsshallge made by amendment to this Declaration, which shall not require the approval of an r or third pursuant to this Section 10.02 be entitled to more than one 4Apartment units, with respect to an apartment complex.

ARTICLE 2 at any provision of this Declaration is invalid 11.02 Severability. A determinat e other provision of this Declaration.

for any reason shall not affec 11.03 Headings. The convenience only and she Declaration.

his Declaration, the masculine gender shall be deemed to include the feminine a e the singular, the plural, and vice versa.

11.05 Gyanicd amendments, notices, requests, objections, waivers, rejections, agreements, 3 als, disclosures or consent of any kind made pursuant to this Declaration, whet? Je by Declarant, the Association, the ACC, the Owner, or any other person, shall be AN such writings shall be sufficient only if deposited in the United States Mail, certified registered, return receipt requested, with sufficient postage, and sent to the following addresses: Declarant: Ray White Road, L.P.

Ray White Road GP, L.L.C., its General Partner 1450 Jim Wright Freeway White Settlement, Texas 76108 34 Owners: Each Owner's address as registered with the Association in accordance with the Bylaws.

Any written communication transmitted in accordance with this Section shall be deemed

ent, Texas 76108 34 Owners: Each Owner's address as registered with the Association in accordance with the Bylaws.

Any written communication transmitted in accordance with this Section shall be deemed received on the third (3) day following the day such written notice is deposited in the United States Mail.

11.06 No Liability. Declarant has, using best efforts and all due diligence, prepared and recorded this Declaration so that each and every Owner shall have the right and the pawer to enforce the terms and provisions of this Declaration against every other Owner.

the event that this Declaration is, for any reason whatsoever, unenforceable by any other person) in a court of law or otherwise, Declarant shall have no liabiljey of a result of such unenforceability, and each and every Owner, by accep C2) a conveying a Lot, acknowledges that Declarant shall have no such liability.

11.07 Insurance.

(a) At all times during the term of this Declarafioh, the ASsociation, its successors with [i] fire, vandalism, malicious mischief and e adequate to cover the cost or replacement of suchj and/or all of such improvements, fixtures and c in such amounts as shall be determin Common Property.

vote therés 6 long as Declarant has the right to appoint and remove directors, D e agree. If for any reason either the amount of the insurance proceeds to be\p sult of such damage or destruction, or reliable and detailed estimates of the cost of rey yéconstruction, or both, are not made available to the Association within such period, the period shall be extended until such information shall be made available; provided, however, such extension shall not exceed one hundred and twenty (120) days. No Mortgagee shall have the right to participate in the determination of whether damage or

hall be made available; provided, however, such extension shall not exceed one hundred and twenty (120) days. No Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed.

If the damage or destruction for which the 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.

35 * 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 insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited for the benefit of the Association.

In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then in that event the property shall be restored to its natural state and maintained as an undeveloped portion of the Development in a neat and gétyacti condition.

(c) The deductible for any casualty insurance policy carried by the in the event of damage or destruction, be allocated among the persons hereunder for maintenance of the damaged or destroyed property.

similar type residential subdivision communities.

11.08 Indemnification and Hold Harmless.

(a) The Association shall indemnify eve expenses, including counsel fees reasonaklpi in connection with any action, suit, or othe proceeding, if approved by the then Board reason of being, or having bee liable for any mistake of judgnasy

ve expenses, including counsel fees reasonaklpi in connection with any action, suit, or othe proceeding, if approved by the then Board reason of being, or having bee liable for any mistake of judgnasy Ofs) to which he or she may be a party by éctor. The officers and directors shall not be ae except er their own individual willful faith, on behalf of the Asgaciati et to the extent that such officers or directors may also be members of the Assaciafidg) Nantthe Association shall indemnify and forever hold each such officer and director ffee-and\naxmiless against any and all liability to others on account of any t} Any right to indemnification provided for in this Declaration shall ther rights to which any officer or director, or former officer or negligehee-Cf that Owner or the Owner's tenants, employees, agents, customers, guests or invitees, to the extent that any such damage shall not be covered by insurance. Each Owner does further, by the acceptance of a deed, agree to indemnify each and every other Owner, and to hold harmless each and ever other Owner, from any claim of any person for personal injuries or property damage occurring within or upon that Owner's Lot.

36 (c) The Association shall indemnify and hold each Owner harmless from any claim of any person for personal injuries or property damage occurring within or upon the Owner's Lot or the Wall and Fence Easement.

ARTICLE XII MORTGAGEE PROVISIONS The following provisions are for the benefit of holders of first mortgages on Residences in the Development. The provisions of this Article apply to both this Declaration a Bylaws notwithstanding any other provisions contained therein.

will be entitled to timely written notice of: (a) Any condemnation loss or any casualty loss A

s Article apply to both this Declaration a Bylaws notwithstanding any other provisions contained therein.

will be entitled to timely written notice of: (a) Any condemnation loss or any casualty loss A the Development or which affects any Residence on wh insured, or guaranteed by such eligible holder; ments or charges owed by an Owner older, where such delinquency has (b) — Any delinquency in the payment of As of a Residence subject to the mortgage of such eligis continued for a period of sixty (60) days; proyide any holder of a first mortgage, upon req of any default in the performance by an Declaration or Bylaws of the Associatio Péured within sixty (60) days; or (Cc) Any proposed d require the consent of a specified percentage of eligible mortgagees.

12.02 Special FHLMC Pr \Se, long as required by the Federal Home Loan Mortgage ing’ ProvigioNS apply in addition to and not in lieu of the foregoing.

Unless at least two-tKires Nof the first mortgagees or at least two-thirds (2/3) of the total Members of the Assd one titled to vote thereon consent, the Association shall not: a omission seek to abandon, partition, subdivide, encumber, sell, or transfe on Pfoperty which the Association owns, directly or indirectly (the granting of ease é utilities or other similar purposes consistent with the intended use of the Con ty shall not be deemed a transfer within the meaning of this subsection); 3 Change the method of determining the obligations, assessments, dues, or other charges which may be levied against an Owner of a Residence; (c) By act or omission change, waive, or abandon any scheme of regulations or enforcement thereof pertaining to the architectural design or the exterior appearance and maintenance of Residences and of the Common Property (the issuance and amendment of

y scheme of regulations or enforcement thereof pertaining to the architectural design or the exterior appearance and maintenance of Residences and of the Common Property (the issuance and amendment of architectural standards, procedures, rules and regulations, or use restrictions shall not constitute a change, waiver, or abandonment within the meaning of this provision); 37 (d) Fail to maintain insurance, as required by this Declaration; or (e) Use hazard insurance proceeds for any Common Property losses for other than the repair, replacement, or reconstruction of such property.

First mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Property and may pay overdue premiums on casualty insurance policies or secure new casualty insurance coverage lapse of an Association policy, and first mortgagees making such payments shall be e immediate reimbursement from the Association.

12.03 No Priority. No provision of this Declaration or the Bylaws gives or sp strued as giving any Owner or other party priority over any rights of the first mortg ofRany Residence losses to or a taking of the Common Property.

12.04 Notice to Association. Upon request, each Owner ll be bligated to furnish to the Association the name and address of the holder of any ge umbering such Owner's Residence.

12.05 Amendment by Board. Should the Fed Administration, the Federal National Mortgage Ag Corporation subsequently delete any of j provisions of this Article or make any such approval of the Owners, may cause an aff changes. © AS OMI a Class B membership, the following actions shall require the prior approvaf afA acabHousing Administration or Veterans Administration so

uch approval of the Owners, may cause an aff changes. © AS OMI a Class B membership, the following actions shall require the prior approvaf afA acabHousing Administration or Veterans Administration so seittg axy mortgage in the Development: annexation of additional pt for annexation by Declarant pursuant to a plan of appre by the Federal Housing Administration or the Veterans Administration; decitalign pf Common Property to any public entity; and material amendment of the Declaratjén, Bytaws or Articles of Incorporation.

by. othing contained in this Article shall be construed to reduce the a voteNhat must otherwise be obtained under the Declaration, Bylaws, or Texas law 12.08 € of Mortgagee to Respond. Any mortgagee who receives a written request from the Board to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within thirty days (30) of the date of the Association's request.

38 “y .

ARTICLE XIII CONDEMNATION 13.01 Condemnation or Other Governmental Taking. If all or any part of the Common Property are taken by any authority having the power of condemnation or eminent domain, or are conveyed in lieu thereof by the Association with the approval of at least seventy-five percent (75%) of the Class A Members and of Declarant, as long as Declarant owns at least one (1) Lot or has the right to annex property to the Development, the award or proceeds made or collected for such taking or sale in lieu thereof are payable to the Association. The Assqciation shall disburse or hold such award or proceeds as follows: (a) If the taking or sale in lieu thereof involves a portion of the Co which improvements have been constructed, then, unless within sixty (§@

shall disburse or hold such award or proceeds as follows: (a) If the taking or sale in lieu thereof involves a portion of the Co which improvements have been constructed, then, unless within sixty (§@ extent practicable, on other existing Common Property, in a by the Association, the ACC, and by Declarant. If the awa defray the cost of repair and replacement of the improvem (b) If the taking or sale in SX (| Common Property, or if there are exce of the improvements, then the see the benefit of the Assaciation.

(c) If the takiNg’X« dining after any restoration or replacement etain the award, proceeds, or excess funds for SS thereof includes all or any part of the Common agt jurisdiction shall apportion such award or proceeds Owners of the other property taken so as to give just compensation to ea seeking judicial apportionment, [i] the Association, [ii] the Owners and their sation or eminent domain, or is conveyed in lieu thereof, and the Owner elects not to restore the remainder of the Lot, then the Owner shall promptly remove any remaining improvements damaged or destroyed by such taking or conveyance and shall leave the Lot in a clean, orderly, safe, and sightly condition. In addition, if the size or configuration of the Lot remaining after such taking or conveyance is insufficient to permit the restoration of the remaining improvements thereon or therein to their condition prior to such taking or conveyance in compliance with all applicable standards, restrictions, and provisions of this Declaration and all applicable zoning, subdivision, building, and other governmental regulations, 39 then the Owner, after removing all remaining improvements and placing the Lot in a clean, orderly, safe, and sightly condition, may deed the remaining portion of the Lot to the

nmental regulations, 39 then the Owner, after removing all remaining improvements and placing the Lot in a clean, orderly, safe, and sightly condition, may deed the remaining portion of the Lot to the Association as a part of the Common Property. Upon the conveyance by an Owner of all remaining portions of a Lot, the Owner shall not be a Member.

(b) If any part of a Lot is taken by any authority having the power of condemnation or eminent domain, or is conveyed in lieu thereof, and the Owner elects to restore the remainder of the Lot, then the Owner shall restore the remainder of the Lot in nearly as practicable to the same condition it was in prior to such taking or conveyancgand in accordance with all applicable standards, restrictions, and provisions of this Declaratio d all applicable zoning, subdivision, building, and other governmental regulations. Th hall commence the restoration within sixty days (60) after the taking or convgyarite all proceed diligently in a good and workmanlike manner to completion.

DECLARANT: RAY WHITE ROAD, L.

THE STATE OF TEXAS COUNTY OF TARRA This in as’ acknowledged before me on AH a4 2006, by MEARL McBEE, as Pr@side Ray White Road GP, L.L.C., a Texas limited liability company, acting in its cap eraMpartner of Ray White Road, L.P., a Texas limited partnership N .

otary Public, State of Texas 40 The Association, by the execution of this Declaration, acknowledges and agrees that the Association is hereby bound by all of the Association’s obligations under this Declaration of Covenants, Restrictions and Easements.

IN WITNESS WHEREOF, the Association, acting through its duly authorized officers, has caused this Declaration to be executed effective as of March a4 2006.

LEE RAY’S PLACE HOMEOWNERS ASSOSIA NC.

THE STATE OF TEXAS § }

F, the Association, acting through its duly authorized officers, has caused this Declaration to be executed effective as of March a4 2006.

LEE RAY’S PLACE HOMEOWNERS ASSOSIA NC.

THE STATE OF TEXAS § } COUNTY OF TARRANT § hefere me on Moreh BA, 2006, by MEARL McBEE, as Association, Inc., a Texas on. ——, ———=-———4 Notary Public, State of Texas BNNE DENNEHY MYPuodlic, State of Texas My Cornmission Expires November 09; 2008 b ie es are tans cee } White Settlement, Texas 76108 41 a MHI Partnership, Ltd., by the execution of this Declaration, acknowledges and agrees that it is hereby bound by all of the Association’s obligations under this Declaration of Covenants, Restrictions and Easements.

IN WITNESS WHEREOF, MHI Partnership, Ltd., has caused this Declaration to be executed effective as of _7/larcA /S , 2006.

MHI PARTNERSHIP, LTD., a Texas limited partnership By: | McGuyer Homebuilde G2 A Texas corporation By: _ Love, President McGuyer Homebuilders. inc., Sole eneral Partner of MHL Partnership. Ltd.

THE STATE OF TEXAS oN adgell before me on March ff, 2006, by as the 42 EXHIBIT "A" Drainage Easement Locations 18.783 AC ANDREW T. ARMSTRONG AND WIFE KAY MASTERS ARMSTRONG VOL 5321, PG 852 KAY MASTERS ARMSTRONG VOL5408, PG 300 ONYONOUSLY 1 МЭНОНУ GADSEN AVE.

24 BLOCK B 23 22 21 28 HILLLSBOROUGH ADDITION CAB A SLIDE 9368 18 16 15 14 13 12 11 10 N89 21'44 E 111806' plat) 1118.72 re BLOCK 2 3 4 6 7 8 N89°21'00'E 239.41′ JR KNIGHT SURVEY -908 JR KNIGHT SUBDIVISION LEXRAY SCHEUMACK VOL. 306-141, PQ. 15 SAVE AND ACCEPT VOL 16886, PG, 00 BLOCK 1 2 THURMAN RD.

9 10 11 LEE RAY'S PLACE CAB.

SLIDE 10241 5 P.C.E.

(TYP.)

2.5 2 3 1 2.5' 20 2.5 5 Р.Е.

(TYP.)

19 SHELLY RAY RD 98

ACCEPT VOL 16886, PG, 00 BLOCK 1 2 THURMAN RD.

9 10 11 LEE RAY'S PLACE CAB.

SLIDE 10241 5 P.C.E.

(TYP.)

2.5 2 3 1 2.5' 20 2.5 5 Р.Е.

(TYP.)

19 SHELLY RAY RD 98 10 PRIVATE DRAINAGE ESMT.

12 13 14 6 7 15 16 BLOCK 2 BLOCK 3 5 PDE (TYP.)

2.5 19 9 02 10 PRIVATE DRAINAGE ESH GEEST.

-5 BLOCK 3 18 17 16 15 14 -2.5' LEERAY RD.

Ρ.Ο.Ε.

(TYP LEERAY RD.

BLOCK 4 5 6 7 8 9 10 11 1124.33′ NORTH COUNTY COMMUNITY CHURCH VOLUME 14867, PAGE 67 (RFERENCE BEARING AND CONTROL LINE) NORTH COUNTY COMMUNITY CHURCH VOLUME 14887, PAGE 87 TR 1481A 12.404 AC LEGEND PROPOSED PRIVATE DRAINAGE EASEMENTS SCHEUMACK DR.

14 BLOCK 4 18 N84 56/03 5.02 P.O.B 18 17 BONICATION BR () M.00.00.005 C3800800 68117 680.72′ 17 plat UTURE 110' ROW) (FUTUR AY WHITE ROAD RAY 100 5' WIDE PRIVATE DRAINAGE EASEMENT DETAIL BLOCK 2.

5' P.D.E.

(TYP.)

2.5 7 8 2.5 2.5' EACH SIDE OF LOT LINE TYPICAL.

N.T.S.

"" EXHIBIT "A VARIABLE WIDTH PRIVATE DRAINAGE EASEMENTS ACROSS PORTIONS OF LOTS 1-17, BLOCK 2 AND LOTS 1-20. BLOCK 3, LEE RAY'S PLACE, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS AS RECORDED IN CABINET A, SLIDE 10241, PLAT RECORDS OF TARRANT, TEXAS.

RAY WHITE ROAD, L.P.

C/O MEARL MCBEE 1450 JIM WRIGHT FREEWAY WHITE SETTLEMENT TX 76108 Submitter: RATTIIN & RATTIKIN:- LLP SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTRO WARNING - THIS IS PART OF THE Filed For Registration: 06/22/2006 0 PM SS Instrument #: D2061890; OPR GS $184.00 i 20 By: AN N WHICH RESTRICTS THE SALE, RENTAL OR USE OF T CRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.