70 2015 00010759 Midland County Alison Haley Texas 79702 Instrument Number: 2015-10759 Midland County Clerk Unofficial Copy and Recorded On: May As Recording after Aug 2005 Comment: DEC REAL PROPERTY RESOURC Recording after Aug 2005 98.00 Total Recording: 98.00 ( Parties listed above are for Clerks reference only) Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Billable Pages: 19 Number of Pages: 20 Midland County Clerk Unofficial Copy File Information: SY Document Number: 2015-10759 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
Record and Return To: BETENBOUGH HOMES ATTN KEITH SMITH WILL PICK UP LUBBOCK TX 79424 Receipt Number: 467657 Recorded Date/Time: May 12, 2015 43A County Clerk, Unofficial Copy User / Station: A COUNTY CLE COUNTY of Texas County of Midland - CC208d Midland County Clerk Unofficial Copy I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me and was de RECORDED in the volume and page of the named RECORDS of Midland County, Texas as stamped County Clerk Wecon Haley Midland County, Texas STATE OF DECLARATION. OF MMUNITY GUIDELINES, COVENANTS, CONDITIONS, AND RESTRICTIONS ON AND FOR LONE STAR TRAILS SECTION 2 Midou County Clerk Uno TY OF MIDLAND Date: May 11, 2015 KNOW ALL MEN BY THESE PRESENTS: Midland County Clerk Unofficial Copy 10759 The guidelines, covenants, conditions, and restrictions cited herein contain provisions by which buyers of lots (hereinafter called "Lots" or "Lot" or "Subject Lots") in the subdivision hereinafter called
guidelines, covenants, conditions, and restrictions cited herein contain provisions by which buyers of lots (hereinafter called "Lots" or "Lot" or "Subject Lots") in the subdivision hereinafter called "Lone Star Trails," consisting of Lots 9-49 all inclusive, Block 5; Lots 1-27 all inclusive, Block 6; Lots 1-13 all inclusive, Block 7; Lots 1-12 all inclusive, Block 8; Lots 1-15 all inclusive, Block 9; Lone Star Trails, Section 2, waive certain important rights which otherwise might be applicable, and agree to certain limitations on their remedies in the event of a breach of any of the provisions set forth herein. Specific provisions set forth herein (in particular, the WAIVER OF IMPLIED WARRANTIES FOR HOMES CONSTRUCTED which immediately follows) should be reviewed prior to purchasing a Lot or Lots in Lone Star Trails.
Unofficial Copy WAIVER OF Each Lot shall regarding the Lot a LIED WARRANTIES FOR HOMES CONSTRUCTED Unofficial Copy Sold subject to the limitation that in such sale all express and imied warranties improvements constructed thereon (including, without limitation, all warranties of habitability, erchantability and fitness for a particular purpose) are disclaimed and released by the parties to any such sale, except for any express written warranties provided by the seller to the buyer in the transaction and for any warranty of title contained in the deed convexing the Lot. This limitation shall Michal initial ente of a below every subsequent sale of such Lot and improvements during the term of this deed and its provisions.
Any controversy or claim between Declarant and any owner of a Lot or Lots, arising from or relating specifically to the provisions of this "WAIVER OF IMPLIED WARRANTIES FOR HOMES CONSTRUCTED,"
isions.
Any controversy or claim between Declarant and any owner of a Lot or Lots, arising from or relating specifically to the provisions of this "WAIVER OF IMPLIED WARRANTIES FOR HOMES CONSTRUCTED," shall be settled by arbitration, and judgments on any awards rendered by arbitrator(s) may be entered in any court having jurisdiction thereof. Any such arbitration shall be administered by the American Arbitration Association under its then-current arbitration rules or guidelines specific to the real estate industry, provided, however, that in the event of the unavailability of arbitration through said American Arbitration Association, same shall be administered by a similar organization or by a specific arbitrator(s) agreed to by the parties or appointed by a court having appropriate jurisdiction. In any such arbitration, each party shall bear its own costs and expenses incurred with respect to same, including arbitrator's and attorney's fees, except that if any party to such a claim or controversy fails to submit to arbitration following a proper demand to do so, that party shall bear all costs and expenses, including reasonable attorney's fees, incurred by the party compelling the arbitration. All such arbitration will be governed by applicable State and Federal law.
provisions of this paragraph Cop By acceptance of a deed to a bat, the buyer thereof is conclusively deemed to have agreed to as if such provisions were set forth in the deed conveying th and improvements to such buyer.
Michland County Clerk Unofficia DECLARATION OF GUIDELINES, COVENANTS, CONDAY Clerk Unofficial Copy AND RESTRICTIONS NS, THIS DECLARATION OF COMMUNITY GUIDELINES, COVENANT CONDITIONS, AND FRICTIONS (as such may be hereafter amended, modified or restated, this "Declaration") is made and
official Copy AND RESTRICTIONS NS, THIS DECLARATION OF COMMUNITY GUIDELINES, COVENANT CONDITIONS, AND FRICTIONS (as such may be hereafter amended, modified or restated, this "Declaration") is made and effective as of the 8th day of May, 2015, by REAL PROPERTY RESOURCES, INC., a Texas Corporation. REAL PROPERTY RESOURCES, INC., a Texas Corporation is sometimes referred to herein as "Declarant".
WHEREAS, REAL PROPERTY RESOURCES, INC. is the sole owner of all that certain real property located in the City of Midland, Midland County, Texas described as follows Lots 9-49 all inclusive, Block 5; Lots 1-27 all inclusive, Block 6; Lots 1-13 all inclusive, Block 7; Lots 1-12 all inclusive, Block 8; Lots 1-15 all inclusive, Block 9; Lone Star Trails, Section 2 _ an addition to the City of Midland, Midland County, Texas, according to the map or plat thereof, recorded in No.2014-27451, Cabinet J, Page 40, Official Public Records of Midland County, Texas.
DECLARATION Declarant hereby declares that the property a conveyed and occupied subject to restrictions shall constitute persons claiming under are and shall be owned, held, mortgaged, transferred, sold, Tunning with the land, and shall be binding on all parties, grantee hacial Copy as hereinafter set forth.
Midland County delines, covenants, conditions, and restrictions hereinafter set f Page 1 of 7 Midland County Clerk Unoff Clerk Unofficial Copy SUBROGATION WAIVER 102 Each owner of any Lot hereby waives all rights of subrogation against any previous owner of said Lot for any insurance and/or er claims filed and/or paid by any insurer or other third party.
subdivided. No building shall be erected, altered, placed or permitted and County Clerk Unofficial Copy Midland LAND USE AND BUILDING TYPE
claims filed and/or paid by any insurer or other third party.
subdivided. No building shall be erected, altered, placed or permitted and County Clerk Unofficial Copy Midland LAND USE AND BUILDING TYPE All of the Subject Lots shall be used, known, and described as ential lots. Lots may NOT be further Yemain on any Lot, other than one detached single-family dwelling per Lot (not to exceed two stories in height) with an attached garage, plus any outbuilding used in connection with the single family dwelling.
Each single family dwelling constructed or existing on any Lot shall be constructed in such a manner that at a total of at least seventy percent (70%) of the exterior walls on all sides of the first floor, exclusive of door and window areas, are masonry or brick veneer construction. Masonry or brick veneer construction shall include only clay brick, stucco, synthetic stucco, synthetic stone veneer, or natural stone. Concrete block, cinder block or asbestos siding shall not be permitted to be visible in or on any structure. In addition, the main roof of each single family dwelling and garage shall be a minimum of 6/12 pitch built with either wood shingles having a natural wood color (and shall not be painted), or clay or concrete tile or asphalt composition shingles. Replacement shingle must also meet these restrictions. No dwelling or garage shall ever be built having a roof of crushed stone, gravel or roll roofing. No portable or "move-in" houses shall on any Lot. All residential Lots have a 10' rear property structure or pool.
setback that must not be encroached outbuilding is used for the conc/allowed The term "outbuilding" e and pleasure of the family living in the single family dwelling, official Copy
structure or pool.
setback that must not be encroached outbuilding is used for the conc/allowed The term "outbuilding" e and pleasure of the family living in the single family dwelling, official Copy clude its customary and usual accessory structures, provided any su outbuilding shall be constructed such that the highest point of its roof shall not exceed the highest point of the roof and roof of any of the dwelling. The icide wall height of any such building shall not exceed 9 feet in height to the exterior walls accordance outbuilding shall be constructed of the same materials as the Midland the limitations set forth in this paragraph.
pace of such storage building does not exceed 200 square feet. Deesidence, in "storage building" will be allowed as long as its total height exceed 10 feet, and the total floor other than the primary dwelling that exceeds 200 square feet of floor space will be considered an outbuilding and will be subject to the requirements placed on an outbuilding.
Any outbuilding or storage building must be in the back yard of the lot and must be completely screened from any street with a fence that meets all of the requirements in the "Fences" section of this document except in the event that the building has an overhead door and in that case an opening can be left in the screening fence to access the overhead door. All outbuildings and storage buildings shall comply with relevant ordinances established by the City of Midland; provided, however, that in the event the requirements of this paragraph are more restrictive than those established by the City of Midland, the requirements of this "Land Use and Building Type" provision shall prevail.
All lots within the 250' radius of an LOTS ADJACENT TO OIL WELLS
strictive than those established by the City of Midland, the requirements of this "Land Use and Building Type" provision shall prevail.
All lots within the 250' radius of an LOTS ADJACENT TO OIL WELLS well head shall be subject to the restrictions as specified in the attached "LAND DEVELONTSE AGREEMENT", Midland County Clerk recording number 2860.
which the 250' encroaches EXHIBIT B) Midland County Clerk Lot, no structure or pool will be allowed within that radius. (SEE Ffficial Copy Midland County Clerk חו A and LANDSCAPING Landscaping of front yard and side yard shall be required on all Lots and shall be completed no later than one year after final transfer of ownership to owner, weather permitting. Landscaping must: (1) permit reasonable access to public and private utility lines and easements for installation and repair; (2) provide an aesthetically pleasing variety of trees, shrubs, ground cover and plants or a xeriscaping plan that incorporates aesthetically pleasing variety of trees, shrubs, natural organic and inorganic mulches, and plants; and (3) provide for landscaping of all portions of the Lot not enclosed by solid fencing and not covered by the Improvements. Except for typical garden hoses and common portable sprinklers that may be attached to such hoses, no pipes, hoses, sprinklers or other parts of any irrigation system for watering of landscaping on a Lot shall be visible above ground.
No building or structure intended for USE OF PREMISES placed, permitted, or maintained on any or or any part thereof, save and except those related to development or any homebuilder who has received Dedicators' for temporary construction or sales facilities. Further, no occupation of any kind shall be allowed on a construction, and sales purposes ofted to business
any homebuilder who has received Dedicators' for temporary construction or sales facilities. Further, no occupation of any kind shall be allowed on a construction, and sales purposes ofted to business or commercial purposes shall be erected, Midland County Clerk Page 2 of 7 which Unofficial Copy Midland County Clerk Uniti requires any structural alteration of or to an ing commercial activity to which the gap or room on the lot, or that requires the installation of machinery or equipment, or that require exterior storage of equipment or materials. No professional, public is invited shall ever be conducted on any lot save and received Declarants' 10759 activities related to development construction, and sales purposes of the Declarants or any homebnessial Copy Midland County Clerk th County Clerk who has DWELLING SIZE Midla Each single family dwelling built on Lots 9-49 all inclusive, Block 5; Lots 1-27 all inclusive, Block 6; Lots 1-13 all inclusive, Block 7; Lots 1-12 all inclusive, Block 8; Lots 1-15 all inclusive, Block 9; Lone Star Trails, Section 2, an addition to the City of Midland, Midland County, Texas, shall contain a minimum of 1,200 square feet of heated and air conditioned floor space measured over brick, exclusive of garages and open porches.
GARAGES All Subject Lots shall have an attached garage sufficient in size to accommodate no less than two (2) automobiles. The exterior of each attached garage shall be constructed of materials of substantially the same composition, and of compatible color and style, as the materials with which the exterior of the home served by said garage is constructed. The roof of every garageshall comply with the restrictions set forth in "LAND USE AND BUILDING TYPE" above regarding situated. No materials.
SETBACKS
of the home served by said garage is constructed. The roof of every garageshall comply with the restrictions set forth in "LAND USE AND BUILDING TYPE" above regarding situated. No materials.
SETBACKS Each primar erk Unable Midland Courstore shall be placed within any setbacks requirement imposed by the foot parkway.
welling shall face the street which abuts the front of the Lot upon SIDEWALKS Midland County Clerk Unofficial Copy dwelling is to be of Midland, Texas.
All sidewalks shall be five feet (5') in width abutted to the curb or be separated from the back of curb by a 2 FENCES All fences installed within, or around the perimeter of, all Lots shall comply with relevant ordinances established by the City of Midland; provided, however, that in the event the requirements of this paragraph are more restrictive than those established by the City of Midland, the requirements of this "Fences" provision shall prevail.
Fences may be built of the following naturally, without stain or paint, or may be, a natural, wood-like or earth-tone painted, provided, however, that only stain or paint resulting in shall be used; 2) brick, in which case the brick shall be the same color and type, or a coil 1) wood, in which case the wood may be allowed to age Dental Copy color and type, as the brick and/or stone used in construction of home; 3) natural stone, in color and type, as the brick stone used in construction of the home; 4) vinyl, in which case only white or earth-tose the stone shall be substantially the same color and type, or a re shall be Use of stucco in fence construction is allowed, providing that the color of such stucco shall be wood like or earth-tone; 5) Concrete "Rock Face" or "Split Face" Block may be used providing the
all be Use of stucco in fence construction is allowed, providing that the color of such stucco shall be wood like or earth-tone; 5) Concrete "Rock Face" or "Split Face" Block may be used providing the "Rock Face" Split Face" is visible to the neighborhood from any view. Regular cinder block shall not be used in the construction of any fence. Gates shall be ck, also known as type Midland as the adjacent fence or fences, except for necessary No fence constructed of metal, chain link, or wire materials at of material of the same but not limited to those intended for pets, shall be installed within, nor around the perimeter of, any Lot unless such fence is in the back yard and is not, under normal circumstances, visible from outside the Lot on which such fence is constructed. This provision shall not prohibit use of metal hardware for fences and gates.
Fences shall not be allowed in the front yard of any Subject Lot. In no case shall chain link or wire or metal fences be installed in the front yard of said Lots.
No fence shall be more than eight (8) feet in height.
All fences shall be maintained in such a manner as to prevent and remedy any unsightly deterioration or disrepair.
Midland County Clerk Unofficial Copy Page 3 of 7 Midland County Clerk Unofficial Copy No cesspool, be connected to an Outhonofficial Copy SEPTIC SYSTEMS (or outside toilet shall be permitted on any Lot. Toilets located in any 107 Unofficial Copy I public sewage disposal system. Sewage disposal facilities must copy in all respects with all applicable state , county and/or governmental laws, rules and regulations.
Midland County EASEMENT Midland County acture shall Easements for installation and maintenance of utilities and facilities are reserved as shown on the
and/or governmental laws, rules and regulations.
Midland County EASEMENT Midland County acture shall Easements for installation and maintenance of utilities and facilities are reserved as shown on the Plat. Right-of-Way for ingress and egress shall be had at all times over any dedicated easements, and for the installation, operation, maintenance, repair, or removal of any utility, together with the right to remove any obstruction that may be placed in or on such easements which would constitute interference with the use, maintenance, operation, or installation of such utility.
All power and utility lines, T. V. cables, and all other like wires and lines shall be brought underground from the street servicing each lot to the dwelling, garage, or outbuilding on such lot, unless otherwise indicated on the Plat and this document.
NUISANCES No noxious or offensive activity shall be conducted would or may become an annoyance to Neighborhood.
on any Lot, nor shall anything be done thereon which r portion official Copy No recreational vehicles oficial within the rear yard fence, and additionally, shall be located no but not limited to boats, mobile trailers, and camping vans.
parked, maintained, stored of hept on any Lot, unless such vehicle is maintained in the rear concrete paved or public Lot line.
ten (10) feet to the Lot line, and shall be located no closer than of recreational vehicles will be subject to relevant provided, however, that in the event the requirements of this Iished by the City of Midland, the requirements of this provision Midland on a a side street dinances) feet to an exterior vail.
by the City of more restrictive than those No bus, commercial truck, nor commercial trailer, nor any other like vehicle or equipment, shall be parked
a side street dinances) feet to an exterior vail.
by the City of more restrictive than those No bus, commercial truck, nor commercial trailer, nor any other like vehicle or equipment, shall be parked in the street in front of any Lot or be parked on the driveway or on any portion of any Lot in such manner as to be visible from the street, except for construction and repair equipment while a dwelling is being built or repaired.
No junk vehicles or abandoned vehicles shall be stored or parked in the street in front of any Lot or be parked on the driveway or on any portion of any Lot in such manner as to be visible from the street. For the purposes of this provision, any vehicle which is in a non-operating condition for five (5) consecutive days, or any such vehicle which does not have a current state inspection sticker or license plate, shall be in violation of this restriction.
The owner of each Lot (and adjacent easements/right of way) shall keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner and shall in no event permit the accumulation of garbage or rubbish of any kind thereon. In the event of default by the without liability to the owner, in trespass enter upon said Lot or easement, cut or cause to be cut weeds and grass, remove or cause to be removed such garbage, trash, rubbish and other materials as to said Lot in a neat, attractive, Official Copy and restriccity Clerk efejabtherwise regarding any such requirements, the Declarant may, owner, who agrees by the statement or invoice fo nuisap Any Midland ✓ ul and sanitary condition, and may bill and collect the cost for of such Lot to pay the cost of any such work immediately the of a or non-activity which, as a result thereof, violates the provisions of these covenants, conditions
d may bill and collect the cost for of such Lot to pay the cost of any such work immediately the of a or non-activity which, as a result thereof, violates the provisions of these covenants, conditions Midland County Clo 18, entitled "Nuisances", shall be considered as offensive and shall be and is hereby deemed a TEMPORARY STRUCTURES No outbuilding, nor any structure of a temporary character such as a recreational vehicle, trailer or tent, shall ever be used on any Lot at any time as a residence, either temporarily or permanently.
SIGNS No sign of any kind shall be displayed to the public view on any Lot, except one sign of not more than five square feet, advertising the property for sale. This restriction shall not apply to signs used by the Declarant.
Declarant may also permit builders to display signs of a size determined by Declarant on any Lot or Lots for the purpose of selling homes or advertising model homes, provided such permission shall be granted in writing. Such permission may be withdrawn by written notification to such builder or builders at any time at the discretion of Declarant.
No sign of any kind sha rent or lease.
displayed to the public view on any Lot at any time advertising they idland County Clerk Unofficial" Page 4 of 7 Midland County Clerk Unof rty for Unofficial Copy OIL AND MINING OPERATIONS No oil drilling, oil development operations, oil refining, or quarrying or mining permitted upon or in Lot, nor shall oil wells, tanks, tunnels, mineral excavations or in any Lot. No tick or other structure designed for use in boring for oil or natural maintained Midland Quermitted upon any Lot. The only exception is for the existing drill the attached "LAND DEVELOPMENT/USE AGREEMENT", marked EXHIBIT A.
10 Unofficial Copy kind shall be
il or natural maintained Midland Quermitted upon any Lot. The only exception is for the existing drill the attached "LAND DEVELOPMENT/USE AGREEMENT", marked EXHIBIT A.
10 Unofficial Copy kind shall be landtions ed upon or be erected, producing wells County Clerk recording number LIVESTOCK AND POULTRY No animals, livestock or poultry of any kind shall ever be raised, bred, or kept on any Lot, except dogs, cats or other household pets, provided that they are not kept, bred, or maintained for commercial purposes.
GARBAGE AND REFUSE DISPOSAL No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste; such garbage, trash and waste shall be kept in disposal of such waste materials shall be ken a clean and sanitary condition.
ANTENNAS No radio, televerk Unofficitar ontainers. All containers and other equipment for storage or antenna or satellite dish shall be placed within 60' of the front or ntainerk Unofficial Copy point of the roof a dwelling or other antennas or satellite dishes shall extend to a height any building and no such antenna or satellite dish shall be Midland County o TERM Midland the highest Lot not containing e of any lot.
These covenants are to run with the land described on page one hereinabove and shall be binding on all parties and all persons claiming under them for a period of thirty (30) years from the date on which these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then owners of the Lots has been recorded agreeing to change said covenants in whole or in part. This declaration may be amended at any time by an instrument signed
trument signed by a majority of the then owners of the Lots has been recorded agreeing to change said covenants in whole or in part. This declaration may be amended at any time by an instrument signed by not less than seventy-five per cent (75%) of all the Lot owners. Notwithstanding the above, Declarant may modify or amend any of these restrictions and /or covenants during the time Declarants own any lot affected thereby.
Copy ENFORCEMENT The Declarants, or the owner of any bet or Lots, or the representative of the homeowners association sha have the right to enforce by any proceeding at law, or in equity, all restrictions, covenants, conditions and reservations now or hereafter posed. Failure to enforce any covenant or restriction herein contained sh deemed a waiver of the so thereafter.
Midland County Clerk be Midland County Clerk Unofficial Copy SEVERABILITY alidation of any of these covenants, conditions, or restrictions by.
the other provisions, which shall remain in full force and effect.
HOMEOWNERS ASSOCIATION ent or court order shall not affect The LONE STAR TRAILS HOMEOWNERS' ASSOCIATION, a Texas non-profit corporation, (the "Association") was incorporated by filing no. 19939 with the Secretary of State of the State of Texas. Upon the sale of 90% of the lots comprising Lone Star Trails, an addition to the City of Midland, Midland County, Texas, (the "Development") Declarant shall convey, without charge, title to all Common Areas as shown on the Final Plat, hereinafter referred to as the "Common Area", to the Association. Upon conveyance of title to the Common Areas to it, the Association shall hold title to and shall be solely responsible for the maintenance, upkeep, insurance and
he "Common Area", to the Association. Upon conveyance of title to the Common Areas to it, the Association shall hold title to and shall be solely responsible for the maintenance, upkeep, insurance and payment of all taxes for the Common Area and for the preservation of the Common Area for the intended uses and purposes thereof. Prior to the conveyance of title to the Common Areas, Declarant shall be solely responsible for the maintenance, upkeep, insurance and thereof. The Common Area shall be intended for the common Common Area for the intended uses and use and enjoyment of the Owners.
Midland County Clerk Unofficiall taxes for the Common Area and for the preservation of the Page 5 of 7 Midland County Clerk Unofficial Copy Each lot owner ("Owner") Copy automatically become a member of the Association ("Member”).
upon the purchase of any lot in the Development. There shall be one and only one voting Member for each and the voting Member for the Lot. As a Member, each lot w shall have the right to use the Common Area.
Any year Pall be determined from time to time by the persons who own an Each wer/Member is personally obligated to pay to the Association.
10759 n interCopy are secured by a continuing lien upon the property against which pessment is made.
assessments Midlang County Na special ts which are not paid when due shall be delinquent. The annual assessment may vary from year to the projected costs of the maintenance, upkeep, insurance and på for the preservation of the Common Area for the intended uses, Midianament of taxes for the Common rposes thereof. The annual shall be due on the 1st day of each calendar year. From time to time, the Association may levy "Special
ommon Area for the intended uses, Midianament of taxes for the Common rposes thereof. The annual shall be due on the 1st day of each calendar year. From time to time, the Association may levy "Special Assessments" to fund capital improvements to the Common Area or to provide funding to repair elements of the Common Area, which Special Assessment shall be levied at a sufficient level to pay for said costs. Special assessments shall be due thirty (30) days after notice of said special assessment has been properly given to the Member. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate equal to 10% per annum, and the Association shall bring an action at law against the Owner personally obligated to pay the same and foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his or her lot. The annual assessment shall be due on the 1st day of each calendar year and shall be used to pay for the maintenance, upkeep, insurance and taxes for the Common Area and for the preservation of the Common Area for the intended uses and purpose thereof.
The lien on the Lots securing the pare of the Assessments and other obligations provided for herein shall be superior to any and all other charges, liens or encumbrances which may hereafter in any manner arise be imposed upon any Lot whether from or imposed by judgment or decree or by any agreement, contr mortgage or other instrument, Uiteffici ot for:
or encumbrances which may hereafter in any manner arise be imposed upon any Lot whether from or imposed by judgment or decree or by any agreement, contr mortgage or other instrument, Uiteffici ot for: bona-fide first mortgage or deed of trust liens for purchase money dark Unofficial Copy purposes placed agalerk inferior to such Stalien; a Lot in which event the Association's lien shall automatically (b) Mitiation's lien; and liens for taxes or other public charges as are by (c) or improvement Com come subordinate and Midland Co law made superior to the such other liens about which the Board may, in the exercise of its reasonable discretion, elect to voluntarily subordinate the Association's lien; provided however, such subordination shall apply only to the Assessments which have been due and payable prior to the foreclosure sale (whether public or private) of such Lot pursuant to the terms and conditions of any such first mortgage or deed of trust or tax lien. Such sale shall not relieve such Lot from liability for the amount of any Assessment thereafter becoming due nor from the lien of any such subsequent Assessment. Such subordination shall not apply where the first mortgage or deed of trust or tax lien is used as a device, scheme or artifice to evade the obligation to pay Assessments and/or to hinder the Association in performing its functions hereunder.
Any conveyance of any without the prior written consent of the without prior review and written Midland County Clerk Unofficial Copy the Common Area by the Association shall not be permitted of Midland. Any amendment of these covenants shall not be of the City of Midland.
Midland County Clerk Unoffic Midland County Clerk Unofficial Copy Page 6 of 7 Midland County Clerk Unofficial Copy [Signatures on Following Pages]
these covenants shall not be of the City of Midland.
Midland County Clerk Unoffic Midland County Clerk Unofficial Copy Page 6 of 7 Midland County Clerk Unofficial Copy [Signatures on Following Pages] Midland County Clerk Unofficial Copy MidCounty Clerk Unofficial Copy DICATOR: ITNESS WHEREOF, these presents are signed at Midland, Real Property Resources, Inc.
May 11, 2015 10759 THE STATE OF TEXAS COUNTY OF MIDLAND § Keith Smith, Vice-President of Real Property Resources, Inc.
This instrument was acknowledged before me on Real Property Resources, Inc. and in the capacity therein stated. 11.2015.
ROTARY PUSKA OF TEXAS CARLA SMO Official Copy's Notary Public State of Texas ZOE TO My Commies Expires 02-03-2016 Midland Cour Carla Smock by Keith Smith, Vice-President of Notary Public, State of Texas Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Midland County Clerk Unofficial Copy Page 7 of 7 Midland County Clerk Unofficial Copy