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Doc-8908 Midland County Alison Haley County Clerk Document Number: Recorded A ERX-RECORDING Midland County Clerk Unofficial Copy On: Recorded At: March 29, 2019 03:51:39 pm Number of Pages: 8 Recording Fee: $50.00 Parties: Receipt Number: Processed By: DirectIndirect602621 Kelly Kendrick Clerk Unofficial Copy rein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.

COUNTY and Cour S COUNTY OF TEXAS ate of Texas County of Midland I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me and was duly RECORDED in the named RECORDS of Midland County, Texas as stamped hereon.

Auson Haley County Clerk Midland County, Texas Midlan Midlan Doc-8908 DECLARATION OF COMMUNITY GUIDELINES, COVENANTS, CONDITIONS, AND RESTRICTIONS ON AND FOR LONE STAR TRAILS SECTION STATE OF TEXAS COUNTY OF MIDLAND Date: March 27th, 2019 ကာက sunty Clerk Unofficial KNOW ALL MEN BY THESE PRESENTS The guidelines buyers of lots (here Dehants, conditions, and restrictions cited herein contain provisions by which called "Lots" or "Lot” or “Subject Lots") in the subdivision hereinafter called "Lone Star Trail consisting of Lots 1-11 Block 30 all-inclusive and Common Area S Block 21, Lone Star Trails, Sectio×4, waive certain important rights which otherwise might be applicable, and agree to certain limitation & on their remedies in the event of a breach of any of the provisions set forth herein. Specific Weons 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.

cific Weons 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.

Midlan WAIVER OF IMPLIED WARRANTIES FOR HOMES CONSTRUCTED Each Lot shall be sold subject to the limitation that in such sale all express and implied warranties regarding the Lot and the improvements constructed thereon (including, without limitation, all warranties of habitability, merchantability 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 conveying the Lot. This limitation shall apply not only to the initial sale of a Lot and improvements by the Declarant named below but also to each and 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," 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 quideling becific to the real estate industry, provided, however, that in the event of the unavailability of arba tion through said American Arbitration Association, same shall be administered by a similar organization or by a specific arbitrator(s)

ovided, however, that in the event of the unavailability of arba tion 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 approprias 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 eMNår 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.

By acceptance of a deed to a provisions of this paragraph the sa County Blerk Midland County the buyer thereof is conclusively deemed to have agreed to the he as if such provisions were set forth in the deed conveving the Lot and improvements to such buyer.

DECLARATION OF GUIDELINES, COVENANTS, CONDITIONS, AND RESTRICTIONS THIS DECLARATION OF COMMUNITY GUIDELINES, COVENANTS, CONDITIONS, AND RESTRICTIONS (as such may be hereafter amended, modified or restated, this "Declaration") is made and effective as of the 27th day of March, 2019, by BETENBOUGH HOMES, LLC., a Texas Limited Liability Company.

BETENBOUGH HOMES, LLC., a Texas Limited Liability Company is sometimes referred to herein as "Declarant".

Midlan WHEREAS, BETENBOUGH HOMES, LLC. is the sole owner of all that certain real property located in the City of Midland, Midland County, Texas described Lots 1-11 Block 30 all-inclusive and Common Area S Block 21, Lone Star Trails, Section 14, an addition to the City of Midland, Midland County, Texas, according to the map

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dland County, Texas described Lots 1-11 Block 30 all-inclusive and Common Area S Block 21, Lone Star Trails, Section 14, an addition to the City of Midland, Midland County, Texas, according to the map or plat thereof, recorded in No. 2019-711, Cabinet L, Page 118, Official Public Records of Midland County, Texas.

DECLARATION Declarant hereby declares that the Property are and shall be owned, held, mortgaged, transferred, sold, conveyed and occupied subject to the guidelines, covenants, conditions, and restrictions hereinafter set forth. Such restrictions shall constitute covenants running with the land, and shall be binding on all parties, grantees, and persons claiming under the Declarant as hereinafter set forth.

SUBROGATION WAIVER, rk Unofficial Copy Doc-8908 Each owner of any Lot hereby waives all rights of subrogation against any previous owner of said Lot for any insurance and/or other claims filed and/or paid by any insurer or other third LAND USE AND BUILDING All of the Subject Lots shall be used, known, and dis Wed as residential lots. Lots may NOT be further subdivided. No building shall be erected, altered, placed permitted to remain on any Lot, other than one detached single-family dwelling per Lot (not to exched wo stories in height) with an attached garage, plus any outbuilding used in connection with the single welling.

Midland County Clerk Unofficial Copy Each single family dwelling constricted or existing on any Lot shall be constructed in such a manner that at a total of at least seventy percent 10%) of the exterior walls on all sides of the first floor, exclusive of door and window areas, are masonry Brick veneer construction. Masonry or brick veneer construction shall include only

y percent 10%) of the exterior walls on all sides of the first floor, exclusive of door and window areas, are masonry 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 shallingt be permitted to be visible in or on any structure. In addition, the main roof of each single garage shall be a minimum of 6/12 pitch built with either wood shingles having a natural wood family color painted), or clay or concrete tile or asphalt composition shingles. Replacement shingle must also me mese restrictions. No dwelling or garage shall ever be built having a roof of crushed stone, gravel or ref rooting. No portable or "move-in" houses shall be allowed on any Lot. All residential Lots have a 10' rear prop selback that must not be encroached upon by any structure or pool.

Midlan The term "outbuilding" shall include its customary and usual accessory structures, provided any such outbuilding is used for the convenience and pleasure of the family living in the single family dwelling. Any outbuilding shall be constructed such that the highest point of its roof shall not exceed the highest point of the roof of the dwelling. The outside wall height of any such building shall not exceed 9 feet in height and the exterior walls and roof of any such outbuilding shall be constructed of the same materials as the primary residence, in accordance with the limitations set forth in this paragraph.

A "storage building" will be allowed as long as its total height does not exceed 11 feet, and the total floor space of such storage building does not exceed 200 square feet. Any building other than the primary dwelling that

ll be allowed as long as its total height does not exceed 11 feet, and the total floor space of such storage building does not exceed 200 square feet. Any building 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 is paragraph are more restrictive than those established by the City of Midland, the requirements of this Land Use and Building Type" provision shall prevail.

EXHIBIT B) Unofficial Cop LOTS ADJACE OIL WELLS All lots within the 250' radius of an adjacent we heau shall be subject to the restrictions as specified in the attached "LAND DEVELOPMENT/USECREMENT", Midland County Clerk recording number 2860. Any Lot in which the 250' encroaches into the Lo no structure or pool will be allowed within that radius. (SEE EXHIBIT A and Midland County LANDSCAPING Midlan Landscaping of front yard and side yard shall be required on all Lots and shall be completed no later the 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

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er 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.

USE OF PREMISES No building or structure intended for or adapted to business or commercial purposes shall be erected, placed, permitted, or maintained on any lot, or any part thereof, save and except those related to development, construction, and sales purposes of the Dedicators or any homebuilder who has received Dedicators' permission for temporary construction or sales facilities. Further, no occupation of any kind shall be allowed on any lot which requires any structural alteration of or to any dwelling or room on the lot, or that requires the installation of machinery or equipment, or that requires exterior storage of equipment or materiale No professional, business, or commercial activity to which the general public is invited shall ever be conducte tamany lot save and except Unofficia Doc-8908 activities related to development, construction, and sales purposes of the Declarants or any homebuilder who has received Declarants' permission.

DWELLING Midland County Clerk Unofficial Copy

Doc-8908 activities related to development, construction, and sales purposes of the Declarants or any homebuilder who has received Declarants' permission.

DWELLING Midland County Clerk Unofficial Copy Each single family dwelling built on Lots 11 lock 30 all-inclusive and Common Area S Block 21, Lone Star Trails, Section 14, an addition to the City of Midland, Midland County, Texas, shall contain a minimum of 1,000 square feet of heated and air con Maned floor space measured over brick, exclusive of garages and open porches.

GARAGES All Subie Lots shall have an attached garage sufficient in size to accommodate no less than two (2) automobiles to 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 gages constructed. The roof of every garage shall comply with the restrictions set forth in “LAND USE AND BUILDING TYPE" above regarding allowable roof materials.

Midlan SETBACKS Each primary dwelling shall face the street which abuts the front of the Lot upon which the dwelling is to be situated. No Structure shall be placed within any setbacks requirement imposed by the City of Midland, Texas.

SIDEWALKS All sidewalks shall be five feet (5') in width abutted to the curb or be separated from the back of curb by a 2 foot parkway.

FENCES All fences installed within, or around the perimeter of, all Lots shall comp ith 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.

official

d, 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.

official Fences may be built of the following materials: 100 in which case the wood may be allowed to age naturally, without stain or paint, or may be stained of panted, provided, however, that only stain or paint resulting in a natural, wood-like or earth-tone appearance shall be used; 2) brick, in which case the brick shall be substantially the same color and type, or a compatible colat and type, as the brick and/or stone used in construction of the home; 3) natural stone, in which case the stone shall be substantially the same color and type, or a compatible color and type, as the brick and/or stone used in construction of the home; 4) vinyl, in which case the vinyl shall be only white or earth-tone in colo e of stucco in fence construction is allowed, providing that the color of such "Rock Face" or "Split stucco shall be worth-tone; 5) Concrete "Rock Face" or "Split Face" Block may be used providing the Midland Is visible to the neighborhood from any view. Regular concrete block, also known as cinder block, shall not be used in the construction of any fence. Gates shall be constructed of material of the same type and cole the adjacent fence or fences, except for necessary hardware.

fence constructed of metal, chain link, or wire materials, including but not limited to those intended.

pes shall be installed within, nor around the perimeter of, any Lot unless such fence is in the back yard and is 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.

Midlan

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n the back yard and is 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.

Midlan 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.

SEPTIC SYSTEMS Unofficial Copy Doc-8908 No cesspool, outhouse or outside toilet shall be permitted on any Lot. Toilets located in any Structure shall be connected to an approved public sewage disposal system. Sewage disposal facilities must comply in all respects with all applicable state, county and/or governmental laws, rules and regulations.

EASEMENT nty Clerk Unofficial Cop Easements for installation and maintenance of utili sand drainage facilities are reserved as shown on the Plat. Right-of-Way for ingress and egress shall be li 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 facements which would constitute interference with the use, maintenance, operation, or installation All power and utility line the street servicing each lo Plat and this documen Midland utility.

V. cables, and all other like wires and lines shall be brought underground from the dwelling, garage, or outbuilding on such lot, unless otherwise indicated on the NUISANCES No noxious or offensive activity shall be conducted on any Lot, nor shall anything be done thereon whic

om the dwelling, garage, or outbuilding on such lot, unless otherwise indicated on the NUISANCES No noxious or offensive activity shall be conducted on any Lot, nor shall anything be done thereon whic would or may become an annoyance to the neighborhood.

Midlan No recreational vehicles, including but not limited to boats, mobile trailers, and camping vans, shall be parked, maintained, stored or kept on any Lot, unless such vehicle is maintained in the rear portion of a Lot, on a concrete paved surface, and within the rear yard fence, and additionally, shall be located no closer to a side street or public right-of-way than ten (10) feet to the Lot line, and shall be located no closer than five (5) feet to an exterior Lot line.

The parking of recreational vehicles will be subject to 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 provision shall prevail.

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

r 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 Nate, shall be in violation of this restriction.

The owner of each Lot (and adjacent easements/right away) 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 owner berding any such requirements, the Declarant may, without liability to the owner, in trespass or otherwise enter upon said Lot or easement, cut or cause to be cut such weeds and grass, remove or cause to be removed such garbage, trash, rubbish and other materials as to place said Lot in a neat, attractive, healthful and nitary condition, and may bill and collect the cost for same from the owner, who agrees by the purchase onsch Lot to pay the cost of any such work immediately upon receipt of a statement or invoice for same, Midland County Clerk Unofficial Cop nuisance.

Any activity in activity which, as a result thereof, violates the provisions of these covenants, conditions and restrictions, 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 Midlan No sign of any kind shall be displayed to the public view on any Lot, except one sign of not more than five

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used on any Lot at any time as a residence, either temporarily or permanently.

SIGNS Midlan 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 shall be displayed to the public view on any Lot at any time advertising the property for rent or lease.

OIL AND MINING OPERATION: rk Unofficial Copy Doc-8908 No oil drilling, oil development operations, oil refining, or quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or netral gas shall be erected, maintained or permitted upon any Lot. The only exception is for the existing owl sites with producing wells specified in the attached "LAND DEVELOPMENT/USE AGREEMENT Midland County Clerk recording number 2860 and marked EXHIBIT A.

TOCK AND POULTRY Midland County Clerk Unofficial py No animals, livestock or poulth any kind shall ever be raised, bred, or kept on any Lot, except dogs, cats or other household pets, provided what they are not kept, bred, or maintained for commercial purposes.

GARBAGE AND REFUSE DISPOSAL

ind shall ever be raised, bred, or kept on any Lot, except dogs, cats or other household pets, provided what they are not kept, bred, or maintained for commercial purposes.

GARBAGE AND REFUSE DISPOSAL I shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste; such rash and waste shall be kept in sanitary containers. All containers and other equipment for storage sal of such waste materials shall be kept in a clean and sanitary condition.

Midlan ANTENNAS No radio, television or other antennas or satellite dishes shall extend to a height higher than the highest point of the roof of any building and no such antenna or satellite dish shall be maintained on any Lot not containing a dwelling. No antenna or satellite dish shall be placed within 60' of the front property line of any lot.

TERM 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 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 pevarants own any lot affected thereby.

The Declarants, or the owner of any Lot or the representative of the homeowners association shall

end any of these restrictions and/or covenants during the time pevarants own any lot affected thereby.

The Declarants, or the owner of any Lot or the representative of the homeowners association shall have the right to enforce by any proceeding at, or in equity, all restrictions, covenants, conditions and reservations now or hereafter imposed Midland County Clerk Unofficial Cop deemed a waiver of the right to do so any of the of e to enforce any covenant or restriction herein contained shall not be SEVERABILITY any of these covenants, conditions, or restrictions by judgment or court order shall not affect new provisions, which shall remain in full force and effect.

HOMEOWNERS ASSOCIATION Midlan The LONE STAR TRAILS HOMEOWNERS' ASSOCIATION, a Texas non-profit corporation, (the "Association") was incorporated by filing no. 801970403 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 Area D, Common Area E, Common Area F, Common Area G, Common Area M, Common Area N, Common Area O, Common Area P, Common Area Q, 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 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 payment of all taxes for the Common Area and for

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urposes thereof. Prior to the conveyance of title to the Common Areas, Declarant 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. The Common Area shall be intended for the common use and enjoyment of the Owners.

Each lot owner ("Owner") shall 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 Lot; rk Unofficial Copy Doc-8908 and the voting Member for the Lot shall be determined from time to time by the persons who own an interest in the Lot. As a Member, each lot owner shall have the right to use the Common Area.

ity Clerk Each Owner/Member is personally obligated to pay to the Ascoltation annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made.

Any assessments which are not paid when due shall be delinquent annual assessment may vary from year to year to reflect the projected costs of the maintenance, upkeep suance and payment of taxes for the Common Area and for the preservation of the Common Area for the intended uses and purposes thereof. The annual assessment 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 she be levied at a sufficient level to pay for said costs. Special assessments shall be due thirty (30) day ter notice of said special assessment has been properly given to the

hich Special Assessment she be levied at a sufficient level to pay for said costs. Special assessments shall be due thirty (30) day ter 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 me ate equal to 10% per annum, and the Association shall bring an action at law against the Owner personally ligated to pay the same and foreclose the lien against the property, and interest, costs, and reasonable a they's fees of any such action shall be added to the amount of such assessment. No Owner may waive or therwise 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 shat used to pay for the maintenance, upkeep, insurance and taxes for the Common Area and for the on of the Common Area for the intended uses and purpose thereof.

Midland Midlan The lien on the Lots securing the payment 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 or be imposed upon any Lot whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage or other instrument, except for: (a) purposes placed against a inferior to such first lien; (b) Association's lien; and (c) bona-fide first mortgage or deed of trust liens for purchase money and/or improvement Lot in which event the Association's lien shall automatically become subordinate and liens for taxes or other public charges as are by applicable law made superior to the

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hase money and/or improvement Lot in which event the Association's lien shall automatically become subordinate and liens for taxes or other public charges as are by applicable 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 sight 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 artifice to evade the obligation to pay Assessments and/or to hereunder.

tax lien is used as a device, scheme or The Association in performing its functions Unofficial Any conveyance of any portion of Common Area by the Association shall not be permitted without the prior written consent of the City of Midland. Any amendment of these covenants shall not be effective without prior review and written consent of the City of Midland.

Midland County [Signatures on Following Pages] Unofficial Copy Midlan Doc-8908 IN WITNESS WHEREOF, these presents are signed at Midland, Texas on DEDICATOR: THE STATE OF TEXAS $ COUNTY OF LUBBOCK § Betenbough Homes, LLC.

B Chris Berry, Authorized on Belenbough Homes, LLC.

Midland County Clerk Unofficial Copy This instrument was acknowledged before me on Betenbough Homes, LLC. and in the capacity therein stated.

27th March, 2019 by Chris Berry, Authorized Agent for Notary Public, State of Texas Midlan

Copy This instrument was acknowledged before me on Betenbough Homes, LLC. and in the capacity therein stated.

27th March, 2019 by Chris Berry, Authorized Agent for Notary Public, State of Texas Midlan LENDER, holder of liens of record against portions the above referenced property, joins in this dedication deed for the sole purpose of showing its consent thereto, and that it has no objection to the granting of easements and public roadways herein dedicated and subordinates its liens upon those portions of the property within the easements and roadways as shown on the attached plat.

Betenbough Companies, PBC Bradley Nelson, C.F.O. and Vice President THE STATE OF TEXAS § § COUNTY OF LUBBOCK $ This instrument was acknowledged before me on JOSHUA WELRY Notary Public State Teas Notary ID 13/3299-2 Pancarut My Commission Expires 00-07-2021 March, 2019 and Vice President of Betenbough Companies, PBC anne capacity therein stated.

Wel Notary Public, State of Texas Midland County Clerk Unp Unofficial Copy by Bradley Nelson, C.F.O.

Midlan