Document

4 * MON CONDOSUNIUM RECORDS {710 TICELLO CROSSING JOINT VENTURE DECLARATION AND MASTER DEED \ FOR ©) MONTICELLO CROSSROADS CONROMINIUMS NOTICE - SECTION 8.01(c) OF THIS INSTRUMENT IS SUBJECT TO_ ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLES 224 THROUGH 238-~ ANNOTATED, AS AMENDED.

b, TEXAS REVISED CIVIL STATUTES eu, 1219 25S a titey Marae.

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Iv TABLE OF CONTENTS Page DEFINITIONS 2 PROPERTY SUBJECT TO THIS DECLARATION 6 Description and Ownership of Project and Apartments 6 | Parking Spaces 7 Balconies and Patios 7 Ownership of Common Elements 8 Alteration of Apartments 8 Easements 9 Encroachments ORGANIZATION AND MANAGEMENT Sale of Interest in Common Elements Addition of Additional Property to the Project Op The Board of Directors 11 Voting . 11 Election, Tenure and Pro din of Board of Directors 12 Consent of Owners iy\Lieu ting 13 Delegation Powers and Duties af ard of Directors 14 Additional Rights arsdyand Duties of the ane 16 Board Powers 19 Membership in ciation 19 Limited Li i the Board and 13 19 ecords 20 MAINTENANCE FUND 20 Cash Requirements; Assess-= 20 of Assessments 21 a 21 fencement of Payment of Assessents; Taxes 22 aintenance Fund; Working Capital 22 No Exemption from Liability 23 Default in Payment of Assessments 23 Payment of Assessments Upon Sale or Conveyance of a Condominium 27 PROVISIONS WITH RESPECT TO THE APARTMENTS, THE COMMON ELEMENTS AND MORTGAGES 27 Each Owner's Obligation to Repair 27 Alterations, Additions and Improvements 28 Restrictions on Use of Apartments and

PROVISIONS WITH RESPECT TO THE APARTMENTS, THE COMMON ELEMENTS AND MORTGAGES 27 Each Owner's Obligation to Repair 27 Alterations, Additions and Improvements 28 Restrictions on Use of Apartments and Common Elements 29 Liability of Owners for Negligence 30 Rules of the Board 31 Abatement of Violations; Powers to Enforce Declaration of Owners 32 Advances 32 Failure of the Board to Insist on Strict Performance; No Waiver 33 f te 81238 26476 bee oe aes 5.09 5.10 5.11 5.12 5.13 ARTICLE VI .O1 -02 -03 04 .OS 06 07 -08 09 DRARAAGAHAAH ARTICLE VII 7.01 7.02 ARTICLE VIII -O1 »02 : 03 - 04 -05 - 06 .07 .08 COOanDaOnOD EXHIBIT A EXHIBIT B EXHIBIT c EXHIBIT D Mortgagee Protection Provisions Right of Access Use by Developer Transfers Right of Ingress and Egress INSURANCE Maintenance of Hazard Insurance Insurance Trustee Maintenance of Liability Insurance Flood Insurance Fidelity Bonds Governing Provisions Premiums Distribution of Proceeds Responsibility of Each Owner DAMAGE AND DESTRUCTION Reconstruction or Repair Insufficiency of Proceeds MISCELLANEOUS Eminent Domain Audit Personal Property No Partition Effect and Interpre Amendment Severability, Power of Atto Fion of Additional nership Interest in Lements $1248 "ae 2G" DECLARATION AND MASTER DEED FOR MONTICELLO CROSSROADS CONDOMINIUMS (with Deed of Trust to Secure Assessments) ———— Déecembep, 19a{, by MONTICELLO CROSSING JOINT VENTURE, a Texas joint venture composed of Dondi Properties, oe a Texas corporation, and Florida First Service a a Florida corporation ("Developer"), pursuant to the provisi of the Texas Condominium Act, Article 130la of the Texa Revised Civil Statutes (the "Act"), for the purpose submitting the hereinafter described real proper

tion ("Developer"), pursuant to the provisi of the Texas Condominium Act, Article 130la of the Texa Revised Civil Statutes (the "Act"), for the purpose submitting the hereinafter described real proper WHEREAS, Developer is the own tain real property locally known as "MONTIC CROSSROADS CONDOMINIUMS" consisting of approximately 2.226 £ land (the "Land") located in Dallas County, @ particularly described on Exhibit "A" attached he ade a part hereof for all purposes, togethe® wi t (10) residential buildings (the "Buildings") total of seventy-three (73) apartment units, afid uncovered parking areas, and certain other pnts located thereon (such real property and improveme gated thereon being sometimes hereinafter called ¢t Ject"}; and REAS, it is the desire and intention of Developer, ng this Declaration and Master Deed, to establish Minium Project (as defined in the Act) to be known as Monticello Crossing Condominiums under the provisions of the Act and to impose upon the Project mutually beneficial restrictions under a general plan for the kenefit of all of the condominium apartments contained therein and the owners thereof.

812-48 ees NOW, THEREFORE, Developer does, wpon the recording ew hereof, establish the Project as a Condominium Project under the Act and does hereby declare that the Project shall, after such establishment, be held, conveyed, hypothecated, encumbered, leasad, rented, used, occupied, and improved and in any other manner utilized, subject to the provisions of the Act and to the covenants, conditions, restrictions, uses, limitations and affirmative obligations set forth in ‘this Declaration and Master Deed, all of which are declared and agreed to be in furtherance of a plan for the improvement of said property and the division thereof into CONDOMINIUM

tions set forth in ‘this Declaration and Master Deed, all of which are declared and agreed to be in furtherance of a plan for the improvement of said property and the division thereof into CONDOMINIUM and all of which shall run with the land and shall be b on all parties (including Owners, as hereafter defin having or acquiring any right, title, or interest each Owner of any portion of the Projec therein, and shall inure to the benefit upon each successor in interest of Owners” thereof.

ARTICLE DE I Certain terms as is Declaration shall’ be defined as follows, xf Gon clearly indicates a different meaning Wbeing more particularly described on Exhibit "Bl", attached hereto and made a part hereof for all purposes.

(¢) "Apartment" shall mean an enclosed space consisting of one (1) or more rooms occupying all or Part of a floor in a building of one (1) or more floors or stories regardless of whether it is designed for a residence or for any other type of independent use, provided it has a direct exit to a thoroughfare or to 81248 e679 Bey eee .

common space leading to a thoroughfare. Each Apartment shall be the element of a Condominium which is not owned in common with the owners of ulher Condominiums in the Project. Each Apartment is identified ina diagramatic floor plan of the building in which it is situated as shown on the Plan and shall consist of a fee simple interest bounded by the interior Surfaces of the perimeter walls, floors, ceilings, windows, and doors thereof and the exterior surfaces of balconies and patios. An Apartment includes both the portio the building so described and the air space so g passed. Heating or air conditioning equipmen an Apartment exclusively shall ba a pa of ment.

(d) "Association" shall mean MO) CELLO

des both the portio the building so described and the air space so g passed. Heating or air conditioning equipmen an Apartment exclusively shall ba a pa of ment.

(d) "Association" shall mean MO) CELLO CROSSROADS CONDOMINIUM ASssocrIf & non-profit corporation organized pursuant to és Non-Profit Corporation Act, of wh a Ss shall be members and through which the ll act as a council of shall adminisgte ation and management of the infum Project.

gf Directors" or "Board" shall mean to aWs of the Association.

"Bylaws" shall mean such bylaws of the Assoon adopted by the Board, and as the same may be ded from time to time. B12I8 <bS0 (3) "Common Elements" shall meah both the General» Common Elements and the Limited Common Elements.

(h) "Condominium" shall mean the entire estate in the real property owned by any Owner, consisting of an undivided interest in the General Common Elements, any Limited Common Elements allocated to his Apartment, and ownership of a separate interest in an Apartment.

(i) "Declaration" shall mean this instrument.

(j) "Developer" shall mean Monticello Crossing d Joint Venture, its Successors and any assignee, other than an Owner, who shall receive by assignment from the said Mo..ticello Crossing Joint Venture, all, or a portion, of its rights hereunder as such Developer, by an instrument expressly assigning such rights as Developer to such assignee.

(kK) "Eligible Holder" shall mean and include th following: (i) any Mortgagee; (ii) FNMA or FHLMC to the extent ea th hold any Mortgage; and (iii) FHA or VA to the exte insure or guarantee any Mortga (L) "FHA" shall mean the Fede tration.

(m) “EHLMC" shall mean Mortgage Corporation. © . (n) “"ENMA" shal Ss Federal National Mortgage Association. ©

HA or VA to the exte insure or guarantee any Mortga (L) "FHA" shall mean the Fede tration.

(m) “EHLMC" shall mean Mortgage Corporation. © . (n) “"ENMA" shal Ss Federal National Mortgage Association. © (0) "Ge mon Elements" shall mean and the foundations, piers, bearing walls, walls and columns; i) roofs, halls, lobbies, stairways, and rances and exits or communication ways; (iv) the compartments or installations of central services such as central air-conditioning and heating, power, light, electricity, telephone, gas, cold and hot water, plumbing, reservoirs, water tanks and pumps, incinerators and the like, and all similar devices and installations existing for common use; (v) the premises and facilities, if any, used for the maintenance or repair of the Condominium Project; (vi) all common recreational facilities such as the swimming pool, ground, and walkways; (vii) balconies and patios (subject to the Provisions of Section 2.03 hereof), storage sheds, service streets and parking areas; and ey 81248 268i ~ ome. He La (viii) all other elements desirable or rationally of common use or necessary to the existence, upkeep and safety of the Project.

(Pp) "Limi oitiionh Dlements"” shall mean and Same tee Loiiioh Blements include those items which would otherwise be considered General Common Elements which are reserved by the Developer for the use of Owners of specific Apartments to the exclusion of other Owners, such as entry halls, Stairways, storage buildings, courtyards, garages, and Parking spaces, both open and covered. The Limited Common Elements shall either be designated by Deve person or firm designated by D oper or the Board of Directors as hereafter provyded nage the affairs of the Project.

(rv) "Mortgage!

trust as well Condominium Pr ct, as hereinafter defined,

ed by Deve person or firm designated by D oper or the Board of Directors as hereafter provyded nage the affairs of the Project.

(rv) "Mortgage!

trust as well Condominium Pr ct, as hereinafter defined, (t) “Owner” shall mean and refer to every person or entity who is a record owner of a fee or an undivided fee interest in any Condominium, including contract s@llers. The foregoing is not intended to include persons or entities who hold an interest merely ag security for the performance of an obligation.

(u) "Plan" shall mean the Condominium Plan of the Project attached hereto as Exhibit "c! and made a part hereof for all purposes. oy G1248 2682 (v) "Project" shall mean the Property and all £ structures and improvements now or hereafter erected 4 thereon, together with all additions which may hereafter be made thereto as provided in Article II.

{w) "Property" shall mean the Land together with the easements appurtenant thereto.

(x) "VA" shall mean the Veterans Administration.

ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION 2.01. Description and Ownership of Projec and Apartments, The Project covered by this Declara called "Monticello Crossroads Condominiums", The consists of fifteen (15) buildings, contai seventy-three (73) Apartments, one hund for he (149) Parking spaces, and Common Elements. Ea shall be entitled to exclusive ownership an session of his Apartment. The legal estate of each (ene Condominium shall be fee simple. The percent ge interest of each Not be separated from the Owner in the Common Elemen Apartment to which ik pertaing and shall be deemed to be eTeased from liens with ‘the Space or garage, and may be granted an exclusive easement for the use of one or more additional parking spaces, as designated in the Plan or granted in the Condominium deed to

sed from liens with ‘the Space or garage, and may be granted an exclusive easement for the use of one or more additional parking spaces, as designated in the Plan or granted in the Condominium deed to the Owner. Such easement shall not entitle the Owner to (i) construct any garage, Carport, or other structure upon the parking space or spaces, or (ii) alter or remove any existing garage, Carport or other structure upon the parking space or ti Uh, ‘ Pas 81248 2683 a Spaces. The Board shall have the right to grant an Owner the exclusive use of any unassigned parking space.

2.03. Balconies and Patios. The exterior surfaces of balconies and patios, if any, shown and graphically described in the Plan are Part of the Apartment designated.

An Owner shall not be entitled to construct anything on such balconies or patios or to change any structural Part thereof.

2.04. Ownership of Common Elements. Each Owner shall own an undivided interest in the Common Elements as tenant in common with all other Owners of the Project, the right to use the General Common Elements for,-s incident to the use and occupancy of his place of residence, and such other incidey uses permitted by this Declaration, without hindering o the lawful rights of the other Owne which right shall be appurtenant to and run with the The extent or amount of such ownership sh relating to each Apartment remain constant, unless Grim roval of all Owners and Wwe with the provisions of changed (i) by the uy Mortgagees, or (ij Section 2.09 here ® percentage ownership in the Common Elements relatd each Apartment is as set forth on Exhibit "D" ¢d hereto.

wner, his tenants, and the individuals who resi ither of them in the Apartment owned by such ‘ 1l be entitled to the use and enjoyment of the

d each Apartment is as set forth on Exhibit "D" ¢d hereto.

wner, his tenants, and the individuals who resi ither of them in the Apartment owned by such ‘ 1l be entitled to the use and enjoyment of the Comm ements and facilities in accordance with and subject to the terms and conditions set forth herein, in the Articles é the Bylaws, and the rules and regulations adopted from time to time by the Board of Directors. The rights and privileges of any such tenant or other individual are subject to suspension to the same extent as those of the Owner. Any Owner May also delegate the aforementioned rights of enjoyment to his guests, subject to any applicable rules and regulations ain 81248 2684 “ EAE Rag wv. f Snes that may be adopted from time to time by the Board of Directors of the Association.

2.95. Alteration of Apartments. Developer reserves the right to change the interior design and arrangement of all Apartments and to altar the boundaries between Apartments so long as Developer owns the Apartments so altered. No such change shall increase the number of Apartments nor alter any boundaries of the Common Elements or any Apartment without an amendment of this Declaration approved by the Owners and Mortgagees as provided in Section 8.06C here Changes in the boundaries between Apartments, as her provided, shall be reflected by an amendment of and, if necessary, of this Declaration, 2.06. Easements.

A. The Board, on behalf of th so tion, shall have the right to grant permits, ases and easements under, through, or over the Comma 8, for utilities, roads and other purposes reded al ssary or useful for the proper maintenance or £ the Project; provided, however, that easements ° uch nature through an Apartment h shall only be suc in the plans for the building

her purposes reded al ssary or useful for the proper maintenance or £ the Project; provided, however, that easements ° uch nature through an Apartment h shall only be suc in the plans for the building to be constructe tle building shall be constructed, unless approved ing by the Owner and Mortgagee of the servient Apar end) ere are appurtenant to the Apartments air compressors which are located in the General gments appurtenant to such Apartments. An easement reserved in favor of each such Apartment for the purpose of placement, maintenance, repair and replacement of the said air conditioning compressors by Developer and the respective Owners; provided that no air conditioning compressor shall be placed in any part of the General Common Elements other than the present location unless the written approval of the Board shall have been first obtained.

C. Developer hereby reserves for Developer, its Successors and assigns, forever, the nonexclusive, free, a 8 81248 2685 foe Meme ee neg : continuous and uninterrupted use, liberty, Privilege and easement (the "Easement") of passing in, upon and along the Private streets situated on the Property as shown on the Plan. The Easement shall run with the land and shall inure to the benefit of all parties having or acquiring any right, title, or interest in the Additional Property. The Easement is not granted or created for the use or benefit of the public in general. The Easement shall be used for such pedestrian and vehicular traffic as Developer, its succes s and assigns, shall deem necessary or convenient at all times.

2.07. Encroachments. The existing ph boundaries of an Apartment reconstructed in sub accordance with the original plans therg clusively presumed to be its boundaiies metes and bounds description expre

2.07. Encroachments. The existing ph boundaries of an Apartment reconstructed in sub accordance with the original plans therg clusively presumed to be its boundaiies metes and bounds description expre instrument conveying, granting o reflected in the ins¢dumd Hrant, assignment or conveyance o time. In the event any Qmmor ements encroaches upon any Apartment a syns upon the Common Elements or ix, shifting, settlement or movement of any portion of the ¢ or any Apartme e Project, a valid easement for the encroachment @ maintenance of the same shall exist so long as oachment exists.

2.08. Sale of Interest in Common Elements. No <.US See tberest in Common Elements Owner shall be entitled to sell, lease or otherwise convey his interest in any of the Common Elements, or in any element of the component interests which comprise his Condominium, except in conjunction with a conveyance of his Condominiun, and any attempted or Purported transaction in violation of this provision shall be void.

yn yur 3 « sto ag Zo giz 2.09. Addition of the Additional Property to the 2:09 SS RG eiona, Property to the Project. The Additional Property may become subject to this Declaration in the following manner; A. Developer may, without the consent of any Owner or Mortgagees, at any time prior to December 1, 1988, add all or any portion of the Additional Property and any improvements thereon in one or more phases (hereinafter referred to as "Phase" or "Phases") to the Project and to the concept of this Declaration by filing of record a Cond Minium Plan for the Additional Property and a Supplemep Declaration and Master Deed for each Phase, which sp extend the concept of the covenants, conditions tions of this Declaration, including, but L the provisions of Section 3.02 relating vot

a Supplemep Declaration and Master Deed for each Phase, which sp extend the concept of the covenants, conditions tions of this Declaration, including, but L the provisions of Section 3.02 relating vot particular Phase added to the Project.

of the Association to the r Phase added to. the Project. Upon the Condominium Plan and the Supplementary Dect and Master Deed for each such Phase added to t 8 , the percentage ownership in the Common Element AL.

Each Condominium's undivided interest in the g to each Apartment and liability for assessments_s adjusted in accordance with the following formula General Common Element shall be adjusted to equal the quotient obtained by dividing (i) the total number of square feet in the Apartment, excluding any wholly enclosed garage allocated to any Apartment, associated with each Condominium by (ii) the total number of square feet in all Apartments, excluding any wholly enclosed garage allocated to any Apartment, after such Phase has been added to the Project. The total percentage ownership in att me 34) 81218 2697 the General Common Elements shall always equal one hundred percent (100%).

€. All improvements to tho Additional Property shall be consistent with initial improvements to the Project in terms of quality of construction. All intended improvements to the particular Phase to be added to the Project must be substantially completed prior to the time such Phase is added to the Project.

ARTICLE III ORGANIZATION AND MANAGEMENT SS GEN OND MANAGEMENT 3.01. The Board of Directors. The Projeg aie Soard of Directors be organized and operated as a condominium resid development. The Owners shall operate the provided herein through the Association. The Boa rectors of the Association shall consist of not less ree (3) nor

rganized and operated as a condominium resid development. The Owners shall operate the provided herein through the Association. The Boa rectors of the Association shall consist of not less ree (3) nor more than seven (7) members, the e number to be fixed from time to time by the Owners ity of the Apartments. The initial Board o three (3) members.

3.02.

Classes of voting the exception A aval - Class A Members shall be entitled each Condominium in which they hold the inteyes fe d for membership. When more than one person terest or interests in any Condominium, all gns shall be Members, and the vote for such Condominittw-Shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any such Condominiun.

CLASS _B: The Class B Member shall be Developer.

The Class B Member shall have a total number of votes equal to one (1) more than the total number of votes of the Class A Members. However, at such times as the total number of Condominiums owned by the Class A Members equals or exceeds et te 81248 2638 -11- ™ three (3) times the total number of Condominiums owned by the Class B Member, the Class B Member shall, during the time such equality or excess continues, be entilled to only one (1) vote for every Condominium owned by it. Control of the Association shall become vested in the Class A Members not later than the earlier of (i) 120 days after completion of transfer to such Class A Members of title to Condominiums representing seventy-five percent (75%) of the Condominiums in the Project, or (ii) December 1, 1986, 3.03.

of Directors.

A. At the organizational méeting of the as provided in the Bylaws, the Owners shal Board of Directors and at each annual m¢ shall elect members of the Board to reph

cember 1, 1986, 3.03.

of Directors.

A. At the organizational méeting of the as provided in the Bylaws, the Owners shal Board of Directors and at each annual m¢ shall elect members of the Board to reph whose terms have expired, as provid of the Board (other than the initta¥ specified in the Articles & & 2 ion) shall be Owners or spouses of Owners. If S$ a partnership or corporation, any partie o cer thereof shall qualify as an Owner and may r-of the Board. A majority of the total number m rs on the Board shall constitute a quorum. Memb Board elected at the organization Meeting shall firs Thereafter, members of the Board Shall serve for a term of two (2) years and until their respective successors are elected, or until their death, resignation or removal; provided, that if any member ceases to be an Owner, or the Spouse of an Owner, his membership on the Board shall thereupon terminate. Any member of the Board May resign at any time by giving written notice to the other members of the Board, 1 et an 81295 26559 and any member of the Board May be removed from membership on the Board by the vote of the Owners of a majority of the Condominiums. Any vacancy in the Board shall be filleq by the other members of the Board, provided that the Owners, acting at a meeting called within ten (10) days after the occurrence of the vacancy, may fill the vacancy.

C. The Board may act (i) by majority vote at a meeting at which a Majority of its members are present and of which notice has been given or for which notice has bee waived, or (ii) by the unanimous written consent of its for the conduct of meetings, 3.04. Consent of Owners in Lid A. Any action, except electio which may be taken by the vote of may be taken without a meeting if consent of the Owners ownin

consent of its for the conduct of meetings, 3.04. Consent of Owners in Lid A. Any action, except electio which may be taken by the vote of may be taken without a meeting if consent of the Owners ownin Condominiums; provided tha ten consents shall be required.

@ where action is authorized by Presiden Association who shall preside over both its those of the Owners, and who shall be the chief officer of the Association, (ii) a Secretary who peep the minutes of all meetings of the Board and of the Owners and who shall, in general, perform all the duties incident to the office of Secretary, (iii) a Treasurer to keep the financial records and books of account, and (iv) such additional officers as shall be authorized by the Bylaws of the Association. The Board may delegate any of its duties, power or functions, including, but not limited to, the authority to give the certificates provided for in Rie. oft -13- Pas a id Article IV hereof, to any person or firm, to act as Manager of the Project or any Separate portion thereof, provided that any such delegation shall be revocable upon not more than thirty (30) days' written notice by the Board. The members of the Board shall not be liable for any omission or improper exercise by the Manager of any such duty, power or function so delegated by witten instrument executed by a majority of the Board. / 3.06. Powers ‘and Duties of Board of Directors.

The Board, for the benefit of the Condominiums and the Owners, shall provide, and shall pay for out of the en a fund hereinafter provided, the following: (a) Taxes and assessments, and othe rather than against the indi Apartments. The Board will reasonably be requis separate ass (b) £E i aintenance, painting, gardening, and any desired minor improvements

) Taxes and assessments, and othe rather than against the indi Apartments. The Board will reasonably be requis separate ass (b) £E i aintenance, painting, gardening, and any desired minor improvements yrent and the Common Elements, and full maji¢e e of and utility services for the Common + including the parking spaces and streets, and al ther improvements to the Project except for those MS specifically required to be maintained by each Owner hereunder, and including furnishing and upkeep of any desired personal Property for use in the ‘Cbmmon” Elements; 81245 2557 (c) Maintenance of utility systems in the Common .

Elements, and any required structural repairs. The Owner of each Condominium shall pay for maintenance and repair of heating, plumbing and air conditioning systems -14{2 ——e——e—— oe which service only his Condominium, and shall pay for any repairs resulting from his fault or neglect or that of any of his quests or any oceupant of his Condominium; (4d) Maintenance and repair of any Apartment of a type normally the sole responsibility of the Owner of the Apartment if such maintenance or repair is reasonably necessary in the discretion of the Board to protect the interests of Owners generally and if the Owner of the Apartment has failed or refused to perform such maint nance or repair; provided, however, that the Board shall levy a special assessment against the Congomi of which the Apartment is a part for repayment [oy cost of such maintenance or repair; (e¢) Legal and accounting ser (£) A multi-peril policy or (9) the Board, Agent agai any, liability to the public or to the Owners ( fa Yabax invitees or tenants), incident to the ow or use of the Project, as required by Section eof; (h) Workmen's compensation insurance to the

nt agai any, liability to the public or to the Owners ( fa Yabax invitees or tenants), incident to the ow or use of the Project, as required by Section eof; (h) Workmen's compensation insurance to the ent necessary to comply with any applicable laws; (i) Such fidelity bonds as may be required by, m Section 6.05 of this Declaration; and 81247 2522 (j) Any other materials, supplieg, insurance, furniture, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments (including taxes or assessments assessed against an individual Owner) which the Board is cequired to obtain or pay for pursuant to the terms of this Declaration or by law or which in its opinion shall be necessary or proper for the operation or protection of the Project or for the enforcement of this Declaration; provided that if any such materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurance, taxes, or assessments are determined by the Board to be for the special benefit of particular Apartments, the cost thereof shall be Specially assessed are a part.

3.07.

the Board. The Board shall have the following ay rights, powers and duties: (a) To execute all declarati of nership for tax assessment purposes with ard @ Common Elements, on behalf of all O (b) To borrow ES osts of operation, secured by assignment o ~ of rights against delinquent Owneys, Uf (th ard sees fit; Ontracts, maintain one or more erally, all the powers of an apartment house ma To protect or defend the Project from loss or ge by suit or otherwise, and to provide adequate eserves for replacements; (e) To make reasonable rules and regulations for the operation of the Project and to amend them from time to time, provided that any rule or regulation may

o provide adequate eserves for replacements; (e) To make reasonable rules and regulations for the operation of the Project and to amend them from time to time, provided that any rule or regulation may be amended or repealed by an instrument in writing signed by the Owners of a majority of the Condominiums or, with respect to a rule applicable to less than all of the Project, by the Owners of a majority of the a “fen 8124 25:57 -16Condominiums in the portions affected (without limiting the generality of the foregoing language, the rules and regulations must provide that any pet deemed a nuisance by the Board shall be removed from the premises and may provide for limitations on use of any swimming pool(s), tennis courts or other common recreational areas during certain periods by youthful persens, visitors or otherwise); (f) To keep all books and records of the Association in accordance with good accounting procedures and have such books and records audited at least ong written request of the Owners of o the Condominiums, to have su eport™audited by an independent certified public_e tant, which audited report shall be made adil each Owner within thirty (30) days after (g) To Beye unt, collect, and use any property; ad” 2 eds are insufficient to repair damage or,-reéplacd& lost property, to assess all Condominiums if odobartionave amounts to cover the deficiency; © sell the entire Project for the benefit of rs when partition of the Project may be had Section 8.04 hereafter; (i) To enforce the provisions of the Bylaws, this Declaration, and any rules made hereunder and to enjoin and seek damages from any Owner for violation of such provisions or rules; 81248 2654 (j) The Board or its agents upoh reasonable notice may enter any Apartment when necessary in connec=

and to enjoin and seek damages from any Owner for violation of such provisions or rules; 81248 2654 (j) The Board or its agents upoh reasonable notice may enter any Apartment when necessary in connec= tion with any maintenance or construction for which the Board is responsible. The Board or its agents may “1Fs likewise enter any balcony, patio, or stairway for maintenance, repairs, construction or painting. Such entry shall be made with as little inconvenience to the Owners as practicable, and any damage caused thereby shall be repaired by the Board at the expense of the Maintenance fund; (Kk) The Board's powers hereinabove enumerated shall be limited in that the Board shall have no authority to acquire and pay for out of the maintenance fund any structural alterations, capital additions to, or capit improvements of the Common Elements (other than Thousand Dollars ($10,000) (exclus insurance proceeds applied to such alteypetions ions, improvements, or repair of damages], out in each case the prior approval of the ne a Majority of the total votes of the Asso Expenditures for such purpeses shall be m LS e maintenance fund; (1) All contracts, deeds, leases, vouchers f expenditures and other instruments shall be si uch officer or officers, agent or ociation and in such manner as from hall be determined by written resolution In the absence of such determination by rd, such documents shall be signed by the Treasurer d/countersigned by the President of the Association; (m) The Board shall engage an experienced, professional person or firm as the Managing Agent. Any management agreement for the Project shall be terminable by the Association for cause upon 30 days' written notice thereof and shall be subject to the provisions of Section 3.07(n) hereof; g1243 255

y management agreement for the Project shall be terminable by the Association for cause upon 30 days' written notice thereof and shall be subject to the provisions of Section 3.07(n) hereof; g1243 255 (n) The Board shall have one authority to enter into contracts, leases, or to grant licenses or concessions with respect to any part of the Common Elements, oe subject to the terms of this Declaration. All such ( contracts (including a management agreement), leases, licenses, and concessions shall provide that the Association shall have the right of termination of any such contract, lease, license or concession, without cause, which is exercisable without penalty or termination fee at any time, upon not more than ninety (90) days!

notice to the other party thereto. Any agreement for professional management of the Project, or any other contract providing for services of the Develope not exceed three (3) years. Nothing hereinab shall be construed to give the Board autho conduct an active business for profi “Association or the Owners.

3,08. Board Powers, Exc ive. oBoard, on behalf of the Association, shall ha he exclusive right to ceg surance, payment for which is to be made from the VK dance fund and the exclusive right and obengation Re e functions of the Board, except as otherwise’ Pp i rein.

contract for all goods, sory 3.09.

shall be a membe certificates evidencing membership therein.

3.10. Limited Liability of the Board and the Qwners. The members of the Board shall not be personally liable to the Owners or others for any mistake of judgment or for any acts or omissions made in good faith as such Board member, or acting as the Board. Each member of the Board shall be indemnified by the Association against all 81218 2525 -19-

e of judgment or for any acts or omissions made in good faith as such Board member, or acting as the Board. Each member of the Board shall be indemnified by the Association against all 81218 2525 -19expenses and liabilities, including attorneys' fees, reasonably ( incurred by or imposed upon him in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of his being or having been a member of the Board, or any settlement thereof, whether or not he is a member of the Board at the time such expenses are incurred, except in such cases wherein the member of the Board is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties; provided that, in the event of a settlement, the indemnification shall apply when the Board approves such settlement and reimburs the case may be, are acting only gents~ftr the Association and shall have no personal thereunder.

3.11. Availabil The Association shall make available to ow. ible Holders, and Mortgagees, during normad bu es$ jhours or under other reasonable circumstances, T of this Declaration, the Bylaws and othe soncerning the Project, and other books, record ancial statements of the Association.

ARTICLE IV ASSESSMENTS - MAINTENANCE FUND Estimated Cash Requirements; Assessments.

A. Commencing upon the conveyance of the first Con iums and, thereafter, within thirty (30) days prior te the beginning of each succeeding calendar year, the Board shall estimate the net charges to be paid during such year (including a reasonable provision for contingencies, replacements and such amounts as are necessary to fund the amounts required by Section 4.05 hereof, and less any expected income and any surplus from the prior year's fund). Such

for contingencies, replacements and such amounts as are necessary to fund the amounts required by Section 4.05 hereof, and less any expected income and any surplus from the prior year's fund). Such "estimated cash requirement" shall be assessed to the Owners 81248 262'7 nt -20. -, 8 aS De % ne rc according to the percentage interest of each in the Common Elements. If the said estimated sum Proves inadequate for any reason, including nonpayment of any Cwner's assessment, the Board may at any time levy a further assessment, which { shall be assessed to the Owners in like proportions, unless | otherwise provided herein, Each Owner, including Developer, shall be obligated to pay assessments made pursuant to this | paragraph to the Association in equal monthly installments on or before the first (1st) day of each month during such year, or in such other reasonable manner as the Board shal designate.

B. Subject to the provisions of Section & hereof, the rights, duties and functions of the forth in this Article IV may, at the ele ° loper, be exercised by Developer for the perio omme ng on the date hereof and ending on December 198 C. All funds collected he der shall be expended for the purposes Sa SHAMENES Ag 4.02. Omission of Kok deemed a waiver Sions of this De 538 Ys fixed.

4.03. Detailed Records. The Board shall keep detailed, accurate records in chronolegical order of the receipts and expenditures affecting the Common Elements, specifying and itemizing the maintenance and repair expenses of the Common Elements and any other expenses incurred.

Records and vouchers authorizing the payments involved shall be available for examination by any Owner during normal business hours or under other reasonable circumstances.

w. oy 81258 2b98 -21- e .

a) ‘ .

ds and vouchers authorizing the payments involved shall be available for examination by any Owner during normal business hours or under other reasonable circumstances.

w. oy 81258 2b98 -21- e .

a) ‘ .

4.04. Commencement of Payment of Assessments; Taxes. Each Owner shall pay monthly assessments as above spxcified commencing with the close of the purchase of the Coxdominium owned by the Owner. In addition, each Owner shall pay, within ten (10) days after notice by Developer or the Board as to the amount due, which notice shall be given at least fifteen (15) days prior to delinquency of the taxes, an amount equal to the portion of real property taxes and utility bills attributable to his Condominium which are assessed or charged against the Project rather than agains the Condominiums.

4.05, Maintenance Fund; Working A. The Association shall establish a an adequate maintenance fund for the perz repair and replacement of improvements Elements and those Limited Common ments the Association may be obligated to maintain. monthly assessments co lected by the Rinne ater ( ‘tute the maintenance fund for the Project. The aN at any time ratably increase or decrease en fou £ monthly assessments to ly necessary in the judgment tions of the Association under ng provisions of reasonable reserves Except as otherwise provided herein, cal year, the total increases in the onthly assessments shall not exceed twenty 80%) of the total assessments for the preceding ar, Upon the prior consent of a Majority of the Members, monthly assessments may be increased in excess of the amount permitted by the preceding sentence. The Board is obligated to maintain assessments at a level sufficient to enable payment of all costs of operation of the Project.

B. The Association shall establish a working

by the preceding sentence. The Board is obligated to maintain assessments at a level sufficient to enable payment of all costs of operation of the Project.

B. The Association shall establish a working capital fund for the initial months of the Project operation equal to at least two (2) months’ estimated Common Element a.

yeas i gazan He" - 7 +e : ee ul ae charges for each Condominium. Each Owner's share of the working capital shall (i) be collected and transferred to the Association at the time of closing of the sale of each Condominium and (ii) be maintained in a segregated account for the use and benefit of the Association. The contribution to the working Capital fund for each unsold Condominium Shall be paid to the Association within sixty (60) days after the date of conveyance of the first Condominium in the Project or Phase, in the event a subsequent Phase is added to the Project.

4.06. No Exemption from Liability. No Owng exempt himself from liability for his assessment by * waiver of the use or enjoyment of the Common Elg the abandonment of his Condominium, but er be liable for assessments accruing after nsu tion of a transfer of his Condominium accomp ed i Ordance herewith, or after he has executed livered to the Board a recordable tneteninny ee E o the Association his interest in his Condomini te and clear of all liens and encumbrances ~—o Morsgage held by an Eligible Holder, a bank, sav anh association, insurance company or simild of securing the payment of the aforesaid assessments, Developer hereby grants, sells and conveys to the Association, as Trustee, the Condominiums, IN TRUST, upon the terms and conditions herein set forth, and for such purposes this Section 4.07 shall constitute a Deed of Trust under the laws

veys to the Association, as Trustee, the Condominiums, IN TRUST, upon the terms and conditions herein set forth, and for such purposes this Section 4.07 shall constitute a Deed of Trust under the laws of the State of Texas. The deed of trust lien to secure the payment of assessments granted in this Section 4.07 and any “iy.

81218 2700 re other lien which the Association may have on any Condominium for (i) common expense assessments or other charges becoming payable on or after the date of recordation of the first Mortgage on any Condominium, or (ii) any fees, late charges, ( fines or interest that may be levied by the Association in connection with unpaid assessments shall be subordinate to the lien or equivalent security interest of any Mortgage on any Condominium. Bach assessment shall be a separate, distinct and personal debt and obligation of the Owner against whom the same is assessed. The personal obliga for assessments described in the Preceding sentence not pass to successors in title to the Owner unles by them, or required by applicable law. Any de assessment shall, after thirty (30) day in interest from the original due date at highast lawful rate. In the event of a default efau payment of any assessment or assessments, and dition to any other remedies herein or by law Re 6) S$ Board may enforce each such obligation as BS (a) By sui (C9 law to enforce each such assessment ob h such action must be authothe Board, and any such suit may be institys behalf of the Association by any one he Board or by the Manager, if the authorized in writing. Each such action e brought in the name of the Association and the ¢iation shall be deemed to be acting on behalf of the Owners. Any judgment rendered in any such !

nager, if the authorized in writing. Each such action e brought in the name of the Association and the ¢iation shall be deemed to be acting on behalf of the Owners. Any judgment rendered in any such !

action shall include, where permissible under any law, a sum for reasonable attorneys’ fees in such amount as the court may adjudge against such defaulting Owner.

Upon full satisfaction of any such judgment, it shall be the duty of the President of the Association, acting in the name of the Association, to execute and deliver to the judgment debtor an appropriate satisfaction thereof. wih, my 81243 VIGi J (b) At any time within ninety (90) days after the occurrence of any such default, the Board may give a 4 notice to the defaulting Owner, which notice shall State the date of the delinquency and the amount of the delinquency, and make a demand for payment thereof. If such delinquency is not paid within ten (10) days after delivery of such notice, the Board may elect to/ record a notice of assessment against the Condominium/of such delinquent Owner. Such notice of assessment shall State (1) the name of the record Owner, (2) a descri of the Condominium against which the assessment made, (3) the amount claimed to be due and owing pursuant to the terms of this Decla date of execution and the date, boo nd p references of the recording hereof in th fice e Clerk of the County of Dallas, Texas), ) that a lien is Claimed against the desgribéa inium in an amount equal to the amount of t ated delinquency. Any such notice of 2o*4 1 be signed and acknowledged by any member ¢f tha Bo executed ori ar ‘ Wien herein created shall immediately Upon recordation of a duly Y executed copy of such notice to foreclosure, subject only to the ioné hereinafter set forth. Each default shall

Bo executed ori ar ‘ Wien herein created shall immediately Upon recordation of a duly Y executed copy of such notice to foreclosure, subject only to the ioné hereinafter set forth. Each default shall bute a separate basis for a notice of assessment wner shall continue to default in the payment of any assessment payable hereunder for a period of ten (10) days after the delivery and recordation of any Said notice of assessment, the Association, as Trustee acting through any authorized officer or by any agent or attorney-in-fact properly authorized by any such officer, may, when authorized so to do by a majority of the Board, sell the Condominium owned by the delinquent iS sath me wy 1 225 owner at public auction to the highest bidder for cash pursuant to the provisions of Article 3810 of the Texas Revised Civil Statutes as in force and effect on January 1, 1976, or in accordance with the prescribed manner for foreclosure of Deed ef Trust liens provided by any future amendment to such Article 3810 or any other statute or article enacted in substitution therefor, In lieu of the foregoing, the Board may enforce any such lien as a mortgage lien in accordance with the provisions of the Laws of the State of Texas, now hereafter in effect, which provisions (includi incorporated therein by reference) are hereb allowed to the extent permitted by ¥ the event the foreclosure 1s as in the of a deed of trust under power of sale, the Bo Y person designated by 1t in writing, shal o be acting as the agent of the lienor a Sot entitled to actual’ expenses and sug) fe a ay be allowed by law or as may be prevaj ime the sale is conducted, oSure shall be executed and acknowlthe purposes of this Section 4.07, a deed eclosure executed and acknowledged by any

d sug) fe a ay be allowed by law or as may be prevaj ime the sale is conducted, oSure shall be executed and acknowlthe purposes of this Section 4.07, a deed eclosure executed and acknowledged by any ¢r of the Board shall be conclusive upon the Board the Owners in favor of any and all persons who rely thereon in good faith as to the matters therein contained.

In the event any notices of assessment have been recorded as herein provided, and thereafter the Board shall receive payment in full of the amount Claimed to be due and owing, then upon demand of the Owner or his successor, and payment of a reasonable fee, not to exceed Twenty~ Five Dollars ($25.00), the Board, acting by any member, Mm vs B124B VICI =26shall execute and acknowledge (in the manner above provided) a release of such notice, stating the date of the original notice of assessment, the amount claimed, the date, book, and page wherein the notice of assessment was recorded, and the fact that the assessment has been fully satisfied.

4.08. Payment of Assessments Upon Sale or Conveyance of a Condominiun.

A. Upon the sale or conveyance of a Condominium, all unpaid assessments against an Owner levied by the Bo pursuant to the terms hereof shall first be paid out ¢ sale price paid by the purchaser in preference over other assessments or charges of whatever nature, yh following: (i) Assessments, Liens, and ch favor of al subdivision thereof for taxes pa mpaid on the Apartment; and (ii) Amounts due under instruments duly recorded. © B. The lien or lie in Section 4.07 hereof shall not be oe - Condominiun, except/ thé delinquent assessments which shall be suant to the foregoing provision shall be ad‘and assessed to all Condominiums as a common Any such sale or transfer pursuant to a foreclosure

ominiun, except/ thé delinquent assessments which shall be suant to the foregoing provision shall be ad‘and assessed to all Condominiums as a common Any such sale or transfer pursuant to a foreclosure shall not relieve the purchaser or transferee of a Condominium from liability for, nor the Condominium so sold or transferred from the lien of, any assessments made thereafter.

ARTICLE V PROVISIONS WITH RESPECT TO THE APARTMENTS, THE COMMON ELEMENTS AND MORTGAGES —_— eee a a ENDS AND MORTGAGES 3.01. Each Owner's Obligation to Repair.

A. Except for those portions which the Associ-~ ation is required to maintain and repair hereunder (if. any) ‘ 442: edd -27 81243 e7c4g . . moe tee « SA TO A eee Te ey er iene ole # each Owner shall at such Owner's expense kesp the interior . of his Apartment and its equipment and appurtenances in good order, condition and repair in a clean and sanitary condition, and shall do all redecorating, painting and varnishing which may at any time be necessary to maintain the good appearance and cendition of his Apartment. In addition to decorating and keeping the interior of his Apartment in good repair, each Owner shall be responsible for the maintenance, repair or replacement of any plumbing fixtures, water heaters, furnaces, lighting fixtures, refrigerators, air conditioni equipment, dishwashers, disposals or ranges that may Ae or connect exclusively with, his Apartment.

B, Each Owner shall also, at such O expense, keep the balcony and the interi courtyard area (if any) and carport or er ered parking area (if any) which have been assigned to partment in a clean and sanitary condition.

The jation shall not be responsible to any Owner fo otherwise of articles which @ prior written approval of the plans and specifi-

ich have been assigned to partment in a clean and sanitary condition.

The jation shall not be responsible to any Owner fo otherwise of articles which @ prior written approval of the plans and specifiherefor, and the color, by the Board. The Board shall grant its approval only in the event that the proposed work will benefit and enhance the Project in a manner generally consistent with the plan of development thereof. The Board's approval or disapproval shall be in writing. In the event that the Board fails to approve or disapprove within thirty (30) days after the appropriate plans and specifications have been submitted to it, or in any event, if no suit to e)o to.

$1258 2705 enjoin such work has been commenced before thirty (30) days fe after commencement thereof, approval will be deemed given [ and compliance with the terms of this Paragraph conclusively presumed.

B. The Board may delegate its powers under this Section to an Architectural Committee appointed by the Board, which need not consist in part or in whole of Owners. .

C. Nothing shall be done in or to any part of the Project which will impair the structural integrity of any part of the Project except in connection with alteration repairs specifically permitted or required hereunde r.

D. Notwithstanding anything to the contra tural integrity of, or any plumbing or e ca OC within, any common wall without the prio onse of all Owners of the affected Apartments. ach 0 hall have the right to paint, Wallpaper, or o ise furnish the interior surfaces of his “os sees fit.

5-03. Restrictions Ory Common Elements. me Bro} of Apartments and be occupied and used as R S shall be used exclusively for follows: (a) Ea D O

o ise furnish the interior surfaces of his “os sees fit.

5-03. Restrictions Ory Common Elements. me Bro} of Apartments and be occupied and used as R S shall be used exclusively for follows: (a) Ea D O hor shall anything be kept or stored in the n Elements, nor shall anything be altered, or constructed or planted in, or removed from the Common Elements, without the written consent of the Board.

(c¢) No Owner shall permit anything to be done or kept in his Apartment or in the Common Elements which will result in any increase of fire insurance premiums or the cancellation of insurance on any part of the Project, or which would be in violation of any law. No waste shall be committed in the Common Elements.

ho, 7 -29- 81218 2766 x r Tae (d) No sign of any kind shall be displayed to the public view on or from any part of the Project, without he prior consent of the Board, except signs temporarily used by Developer in the original sale or in leasing of Condominiums.

(€) No noxious or offensive activity shall be carried on, nor shall any outside lighting or loudspeakers or other sound-producing devices be used, nor shall anything be done, in any part of the Project, which, the judgment of the Board, may be or become an unre sign, awning, canopy, window air c tio shutter, or other fixture shall be ix o or placed upon the exterior walls or ro f any Building or any part thereof, without the p ent of the Board.

(g) No clothes, b ets, laundry of any kind or other article : hung out or exposed on any part of the > Elements. The Common Elements tubbish, debris and other unsightly ‘< (30) days. Other than the foregoing, there sitall be no other restriction relating to the term of a lease on any Condominium in the Project.

The Common Elements tubbish, debris and other unsightly ‘< (30) days. Other than the foregoing, there sitall be no other restriction relating to the term of a lease on any Condominium in the Project.

5,04. Liability of Owners for Negligence. Each Ownec shall be liable to the Board for any damage to the Common Elements caused by the negligence or willful misconduct of the Owner or his family, guests, or invitees, to the extent that the damage shall not he covered by insurance.

Each Owner shall indemnify, hold harmless, and pay any costs Hy 81245 2107 =30- e a athe Me, wy mares of defense of each other Owner from claims for personal injury or property damage occurring within the Apartment of the indemnifying Owner, provided that this protection shall not extend to any Owner whose negligence or willful misconduct caused or contributed to the cause of the injury or damage.

3-05. Rules of the Board. All Owners and occupants Shall abide by any rules and regulations adopted by the Board. The Board shall have the power to enforce compliance with said rules and regulations by all appropriate legal a equitable remedies, and an Owner determined by judicia action to have violated said rules and regulations gs attorneys' fees.

3.06.

Declaration of Owners, aecraration of Owners A. The violation of an gulation adopted by the Board, or the breach of t aration, or of any which, or as to and to summarily Owner, any deemed to have trespassed; or (ii) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity,: the.

continuaice of any such breach. 81242 2148 The failure of any Owner to comply with th® provisions of the Declaration, Bylaws or Articles of Incorporation of the Association will give rise to a cause of action in the

any such breach. 81242 2148 The failure of any Owner to comply with th® provisions of the Declaration, Bylaws or Articles of Incorporation of the Association will give rise to a cause of action in the Association and any aggrieved Owner for the recovery of -31damages, or for injunctive relief, or both. All expenses of o the Board in connection with such actions or proceedings, including court costs and attorneys’ fees and other fees and expenses, and all damages, liquidated or otherwise, together with interest thereon at the highest lawful rate until paid, shall be charged to and assessed against such defaulting Owner, and the Board shall have a lien for all of the same upon the Condominium of such defaulting Owner, upon all of his additions and improvements thereto, and a security interest under the Texas Uniform Commercial Code upon a his personal property in his Apartment or Located elsé Apartment. Any and all of such rights ard ay be exercised at any time and from time to t latively or otherwise, by the Board.

B. If the Board has fa act to enforce any by the Association pursuant SOG for thirty (30) days after written demand ey a Ow ; then’any such Owner shall be entitled to pros alf of the Association and all the Owners, n\4uthorizged hereunder to be prosecuted by the Board, equitable rel Hach Owner shall have similar rights of action a Association.

07” Advances. Should any Owner or any Mortgagee order to protect the Project against the consequences of a delinquency in discharging such obligation, such Owner or Mortgagee, in connection with such advance, shall be subrogated to all rights of the Board, including the right to collect interest, against those Owners whose defaults have made

gation, such Owner or Mortgagee, in connection with such advance, shall be subrogated to all rights of the Board, including the right to collect interest, against those Owners whose defaults have made necessary the advance concerned, until such advance shall have been repaid together with interest thereon at the é nh 81218 2769 hc re ~32highest lawful rate plus any reasonable attorneys’ fees or other reasonable costs incurred in collection.

$.08. Failure of the Board te Insist on Strict Performance; No Waiver. The failure of the Board to insist in any one or more instances upon the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or to exercise any right or option herein contained, or to serve any notice or to institute any action shall not be construed as a waiver or a relinquishment fo the future of such term, covenant, condition or restri waiver of such breach, and no waiver by e Boayd or the Manager of any provision hereof sh be deemed to have been Made unless expressed in writing And ed by the Board or the Manager, Owner's obligations hereunder which sixty (60) days. Any Eligible Holder, number), shall be entitled to timely written (i) Any condemnation loss or any casualty loss which affects a material portion of the Project or which affects any Condominium on which there is a Mortgage held, insured or guaranteed by such Eligible Holder, as applicable; (ii) Any delinquency in the payment of assessments or charges owed by an Owner of a Condominium subject to, the Mortgage held, insured, or guaranteed by such Eligible Holder where such delinquency has continued for a period of Sixty (60) days, as applicable; .

81248 2729 -33- 2 Wey Ps (iii) Any lapse, cancellation or material modification

uaranteed by such Eligible Holder where such delinquency has continued for a period of Sixty (60) days, as applicable; .

81248 2729 -33- 2 Wey Ps (iii) Any lapse, cancellation or material modification vi of any insurance policy or fidelity bond . maintained by the Association; and (iv) Any proposed action which would require the consent of a specified percentage of Eligible Holders as specified in Section 5.09 or Section 8.06 hereof.

3. Any restoration or repair of the Project, after a partial condemnation or damage due to an insurable hazard, shall be substantially in accordance with the Declaration and the original plans and specifications unless other of the votes of Condominiums subject to Mortgages such Eligible Holders.

Cc. Any election to terminate t the Project after substantial destructi taking in condemnation of the Projegt sha approval of the Eligible Holders ho Mortgages on Condominiums which have at oe Set 6 cent (51%) of the votes of Condominiums subjec ul Eligible Holders, SS . z interests in the Common Elements resulting? ? Se condemnation or partial destruction of tite ja may be effected without the prior gages held by such approval of t. yille Holders holding Mortgages on all and i ’ at least fifty-one percent (51%) of the votes suc. maining Condominiums subject to Mortgages held by su ble Holders.

E. Any decision to establish self management by the Association shall require the prior consent of Owners of Condominiums to which at least sixty-seven percent (67%) of the votes in the Association are allocated and the approval of Eligible Holders holding Mortgages on Condominiums which have at least fifty-one percent (51%) of the votes of Condominiums subject to Mortgages held by such Eligible Holders.

vial cA.

- B15 SPR -34-= a .

err

olders holding Mortgages on Condominiums which have at least fifty-one percent (51%) of the votes of Condominiums subject to Mortgages held by such Eligible Holders.

vial cA.

- B15 SPR -34-= a .

err F. Any Eligible Holder shall, upon written request, be entitled to receive an audited financial statement of the Association for the immediately preceding fiscal year, free of charge to the party so requesting within a reasonable time following such requeat.

G. Any Mortgagee who obtains title to a Condominium pursuant to the remedies provided in a Mortgage or foreclosure of a Mortgage shall not be liable for such Condominium's unpaid dues or charges which accrue prior to the acquisitio of title to such Condominium by the Mortgagee; any such unpaid dues or charges may be reallocated and assessed all Condominiums as a common expense.

H. Except as provided by statute in condemnation or substantial loss to the Common Elements of the Project, unless a owned), or Owners (other than the MLoper) of the Condopproval, the Associ-= ation shall not be entitled NS B the Project; (ii) C¢ of any Condo miniums have given their prig> Ww seek to abandon or terminate rata interest or obligations the purpose of: ing assessments or charges or allocating \ f@ of hazard insurance proceeds or Jon awards: or Determining the pro rata share of ownership Condominium in the Common Elements; Partition or subdivide any Condominium; iv) By act or omission, seek to abandon, partition, ivide, encumber, sell or transfer the Common Elements.

@ granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements by the Project shall not be

ber, sell or transfer the Common Elements.

@ granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements by the Project shall not be deemed a transfer within the meaning of this clause); or (v) Use hazard insurance proceeds for losses to any condominium property (whether to apartments or to Common Elements) for other than the repair, replacement or reconstruction of such condominium property.

I. No provision of this Declaration, the Bylaws, the Articles of Incorporation, or other condominium constituent &1248 2722 O coe mit, Ty Sr Te gs =35document shall entitle any Owner of a Condominium, or any other party, to priority over any rights of the Mortgagee of such Condominium pursuant to such Mortgagee's Mortgage in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of Condo-= miniums and/or Common Elements, 3.10. Right of Access. The Association shall have a reasonable right of entry into each Apartment to make emergency repairs or to do other work reasonably necessary, for the proper maintenance or operation of the Project.

5.11. Use by Developer. Subject to the the Mortgagees hereunder, until Developer has come the Condominiums.

Subject to the rights of th eS hereunder, Developer may make such use of the j artments and of the Common ate \sugh/ completion and sale, including, Nance of a sales office, the showing of the yo the Apartments therein, and the soon and therein. Developer shall have Ye Common Elements for completion of and maki emai © any improvements to the Project, including n to any subsequent Phase. Developer shall have to maintain facilities on the Project to market @ot. tf 81248 27313 Condominiums.

5.12. Transfers.

aki emai © any improvements to the Project, including n to any subsequent Phase. Developer shall have to maintain facilities on the Project to market @ot. tf 81248 27313 Condominiums.

5.12. Transfers.

A. No transfer of a Condominium shall be of any force or effect for any purpose until an Owner who transfers the Condominium shall notify the Board in writing of the name and address of the transferee, the nature of the transfer and the Condominium involved, as well as such other information relative to the transfer and the transferee as the Board may ~36reasonably request. Such notice shall also contain an executed copy of the instrument of transfer. The provisions hercof shall apply by way of illustration and net in Limitation of a transfer occurring by reason of a sale, gift, devise or inheritance, or by lease or by any other manner not heretofore considered. The provisions of this Section 5.12 A shall not apply to Developer.

B. The right of an Owner to sell, transfer, or otherwise convey a Condominium shall not be subject to any right of first refusal or similar restriction.

5.13. Right of Ingress and Egress. Each g shall have the right of ingress to and egress from Apartment, which right shall be perpetual and the — Condominium of which the rtm part.

ARTICLE V INSURA nhsurance. The Board, on behalf of the As shall obtain, maintain and pay the premiums ip n s common expense, a "master" or "blanket" type Olicies of multi-peril type ‘ hazard insurance, c tng insurance for such other risks, diss lar nature, as are or shall hereafter ’ ed with respect to other condominium 3 project m in construction, design and use, insuring of a similar customarily be the ements against loss or damage by the perils of Ligutning and those contained in extended coverage,

her condominium 3 project m in construction, design and use, insuring of a similar customarily be the ements against loss or damage by the perils of Ligutning and those contained in extended coverage, vand m and malicious mischief endorsements, on a replacement cost basis in an amount not less than that necessary to comply with any co-insurance percentage stipulated in the policy, but not less than one hundred percent (100%) of the insurable value (based upon current replacement costs) of the Common Elements, including fixtures, to the extent they are part of the Common Elements, building service equipment and supplies, and other common personal property belonging eqli .

re f 01249 254 “37-0 & ; . J to the Association, but exclusive of the Land, foundations, excavation and other items normally excluded from coverage, written in the name of, and the proceeds thereof shall be payable to, the Association (or the Insurance Trustee named pursuant to Section 6.02 of this Declaration) as trustee for the use and benefit of the individual Owners (without naming them) in the proportions éstablished in Section 2.04. Loss payable shall be in favo of the Association (or the Insurance Trustee), as a trustee, for each Owner and each such Owner' Mortgagee. Evidence of insurance shall be issued to eacl addition, any fixtures, equipment or oth rop the Apartments which are to be financed Mo age to be purchased by FNMA or FHLMC (regardl of wh er or not such property is a part of the Co ents) shall be covered in such "master" or La Licy or policies.

Such policy or policies mus tent with the insurance laws of the State of Rexas in ding any political subdivision r the Project, and the coverage all be at least equal to such the Board shall obtain an appraisal froma

olicies mus tent with the insurance laws of the State of Rexas in ding any political subdivision r the Project, and the coverage all be at least equal to such the Board shall obtain an appraisal froma Pppraiser for the purpose of determining the full mint cost of the Common Elements and the Apartments for the amount of insurance to be effected pursuant hereto.

The cost of any and all such appraisals shall be maintenance fund expenses. All such policies of insurance shall comply with the provisions of Section 6.02 hereof and shall (1) contain standard mortgagee clause endorsement, or equivalent endorsement (without contribution) which is commonly accepted by private institutional mortgage investors in the area in \ 2 iui ’ aan ZTL9 giz ?

.

y which the Project is located in favor of the Mortgagee or Mortgagees of each Apartment, if any, as their respective interests may appear, and which appropriately names FNMA and FHLMC if such corporations are: Eligible Helders; (ii) provide that the insurance shall not be prejudiced by any act or neglect of any Owner which is not in the control of the Owners collectively; (iii) contain an endorsement to the effect that such policy shall not be terminated for nonpayment of premiums, cancelled or substantially modified, without a least ten (10) days' prior written notice to the Mortgag which is listed as a scheduled holder of a Mortgage policy or policies; (iv) contain a Replacement Cog and an Agreed Amount and Inflation Guard E available; (v) contain a recognition of trust agreement created pursuant to Secti Declaration; (vi) contain a waiver @ right of subrogation against Owners individually; and it vide that such policy or policies shall be 2 a Op e event an Owner has other insurance coveri me loss. All such policies

vi) contain a waiver @ right of subrogation against Owners individually; and it vide that such policy or policies shall be 2 a Op e event an Owner has other insurance coveri me loss. All such policies shall afford, ction against the following: (a) J y fire and other perils red by the standard extended (b) ent the Project contains a steam , loss or damage resulting from steam equipment accidents in an amount not ¥ than $50,000.00 per accident per location or such greater amount as deemed prudent ased on the nature of the property); and ( all other perils which are customarily covered with respect to Projects similar in construction, location and use, including all perils normally covered by the standard "all-risk'" endorsement, where such is available.

6.02. Insurance Trustee. The Board may engage the services of a bank or trust company authorized to do trust business in the State of Texas and having capital and surplus of not less than Fifty Million Dollars ($50,000,000) to act as insurance trustee (the "Insurance Trustee") and to receive and disburse the insurance proceeds resulting from any loss upon such terms as the Board shall determine consis81248 27/16 a ntene ns * tsa ee oe “ eT tent with the provisions of this Declaration. The Insurance Trustee, on behalf of the Association, may be named as an insured under any policy or Policies reyulsed by this Declaration. The Insurance Trustee, if any, shall have exclusive authority to negotiate losses under any such policy or policies. In the event the lowest of two (2) bids from reputable contractors for making all repairs required by any such loss shall exceed Twenty Thousand Dollars ($20,000), the Board upon written demand of the Mortgagee of any Apar nt shall engage the services of an Insurance Trustee as af

repairs required by any such loss shall exceed Twenty Thousand Dollars ($20,000), the Board upon written demand of the Mortgagee of any Apar nt shall engage the services of an Insurance Trustee as af Except as otherwise provided in Section 6.08 hereof fees of such Insurance Trustee shall be maintenap expenses. The proceeds of such insurance ion; and the rights of the Mortgagee of a t under any standard Mortgage clause endorseme 6 policies shall, notwithstanding anything t (> therein or in any Mortgage contained, at al ubject to the provisions hereof with respect to ation of insurance proceeds to recenstructio e uilding damaged; provided, however, that if t Og gr the Insurance Trustee fails to perform all (efe) tions precedent required by the policy or ici nsurance, and fails to collect the amount of th ithin the time required by law, and the Mortgagee or Mortgagees are required to avail themselves of their.

rights under the standard mortgage clause to collect the proceeds of the policy or policies of insurance, any amounts so collected through the efforts of said Mortgagee or Morte gagees shall be applied as directed by said Mortgagee or Mortgagees. All insurance policies shall contain a waiver of subrogation with respect to the Board, the Association, its employees, the Owners and members of their households, ath ‘ B1236 zit -40- ae and Mertgagees; or such parties shall be named as additional insureds. Each Owner hereby irrevocably appoints the Associ- 4" ation, or any Insurance Trustee, if one shall have been appointed, or any substitute Insurance Trustee designated by { the Association, as attorney-in-fact for the purpose of purchasing and maintaining such insurance, including: (i) the collection and appropriate disposition of the proceeds

nce Trustee designated by { the Association, as attorney-in-fact for the purpose of purchasing and maintaining such insurance, including: (i) the collection and appropriate disposition of the proceeds thereof; (ii) the negotiation of losses and execution of releases of liability; (iii) the execution of all document and the performance of all other acts necessary to acco such purpose. The Association or any Insurance Tru shall receive, hold or otherwise properly disposg proceeds of insurance in the trust for Owness Mortyagees, as their interests may appea 6.03.

A. The Board, on behalf he Association, shail obtain and maintain at all times comprehensive general liabi i gfice insuring the Association, the Board, t and the Managing Agent against any liabili lic or to the Owners (and their families, or use of and co individual Coy endorseme nsureds, Coverage limits of such liability insurance policy or policies shall be in amounts generally required by private institutional mortgage investors for projects similar in construction, location and use to the Project. However, such coverage shall be for at least $1,000,000.00 for bodily injury including deaths of persons and property damage arising out of a single occurrence. Coverage under such policy or policies shall include, without limitation, legal liability of the insureds for property damage, bodily injuries BA 81248 Sv4s -41- ES and deaths of persons in connection with the operation, maintenance or use of the Common Elements, and legal liability arising out of lawsuits related to employment contracts of the Association.

C. Such policy or policies shall Provide that they may not be cancelled or substantially modified, by any party, without ten (10) days' prior written notice to the

oyment contracts of the Association.

C. Such policy or policies shall Provide that they may not be cancelled or substantially modified, by any party, without ten (10) days' prior written notice to the Association and each Mortgagee which is listed as a scheduled holder of a Mortgage in such policy or policies.

6.04. Flood Insurance. To the extent the Pro is located within an area having special flood hazards shall, as a common expense, obtain and p deemed appropriate, but not ° (a) the maximum <6Vs available under the NFIP r d other Insurable Property of the Project located ead flood hazard area; or r cent (100%) of current "replaceof all such Buildings and other roperty.

a form which meets the criteria set Fidelity Bonds.

The Board, on behalf of the Association, shall obtain and maintain at all times blanket fidelity bonds for all officers, directors, trustees, and employees of the Association and all other persons handling or responsible for funds of or administered by the Association. Where the Association delegates some ar all of the responsibility for the handling of funds to a Managing Agent, blanket fidelity bonds shall be obtained and maintained for the officers, employees, and agents of such Managing Agent handling or “ | oe : i responsible for funds of, or administration on behalf of, the Association.

B, The total amount of fidelity bond coverage required shall be based upon the best business judgment of | the Board and shall not be less than the estimated maximum of funds, including reserve funds, in the custody of the Association or the Managing Agent, as the case May be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than

s, in the custody of the Association or the Managing Agent, as the case May be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than sum equal to three (3) months' aggregate assessments on Condominiums plus reserve funds.

C. Fidelity bonds required herein sha e following requirements: (i) fidelity bonds shall name eA ciation as an obligee; (ii) the bonds shall cont wai y the issuers of the bonds of all senses based upon the exclusion of persons—sarNing without compenSation from the de wYof "employees", or (iii) the premiums a ds required herein for the Associa wm Sexsept for premiums on ficers, employees, and agents) bY the Association as a common (iv) thé Shall provide that they may not be ed or substantially modified (including, Gide tion for nonpayment of premium) } gut at least ten (10) days' prior written e to the Association or to any Insurance stee appointed pursuant to Section 6.02 of Phis Declaration and each servicer of Mortgages on behalf of FNMA.

6.0 Governing Provisions. All insurance provided for shall be governed by the following provisions: (a) All policies shall (i) comply with the hazard insurance requirements of FHLMC and FNMA as they apply to condominium loans; and (ii) be written with a company licensed to do business in the State of Texas and holding a rating of "Class VI" or better by Best's Key Rating Guide or other then comparable rating. To the extent that the provisions of this Declaration with respect to the maintenance of insurance shall conflict 81219 SI NREL T ES OR a EON ot NS Ole ERED ER ON with the hazard insurance requirements of FHLMC or FNMA, then the requirements of FHLMC and FNMA shall control and such requirements shall be complied with by the Board.

OR a EON ot NS Ole ERED ER ON with the hazard insurance requirements of FHLMC or FNMA, then the requirements of FHLMC and FNMA shall control and such requirements shall be complied with by the Board.

(b) Exclusive authority to adjust all claims under policies hereafter in force on the Project shall be vested in the Board or its authorized representatives.

(c) In no event shall the insurance coverage obtained and maintained by the Board hereunder be brought into contribution with insurance purchased individual Owners or their Mortgagees.

(d) Each Owner may obtain additional ins® coverage in such a way as to decrea the Board, in behalf of all o e@ Ow , May realize under any insurance policy whé Board may have in Gular time.

Board of all impeyve t ade by the Owner to his ich is in excess of One force on the Project aan D (f£) policies gr who obtains individual insurance ng any portion of the Project other than ex xroperty belonging to such Owner shall be reo file a copy of such individual policy or po ies with the Board within thirty (30) days after Chase of such insurance.

(g) The Board shall be required to make every effort to secure insurance policies that wilt provide for the following: 81248 eyez (1) A waiver of subrogation bythe insurer as to.

any claims against the Association, the Board, the Manager, or the Owners.

(2) That the policy cannot be cancelled, invalidated or suspended on account of the conduct of any -44~ officer or employee of the Board or Manager, or on account of the conduct of any one or more individual Owners, without a prior demand in writing that the Board, Manager or Owner(s) cure the defect.

(3) That any "no other insurance" clause in the master policy excludes individual owners'

more individual Owners, without a prior demand in writing that the Board, Manager or Owner(s) cure the defect.

(3) That any "no other insurance" clause in the master policy excludes individual owners' policies from consideration.

6.07. Premiums. Premiums upon insurance policie purchased by the Board shall be paid by the Board as a maintenance fund expense; except that the amount of ig the Common Elements by an Owner shall be that Owner.

6.08. Distribution of Pr roceeds of insurance policies received by th r the Insurance Trustee shall be distributed e benefit of the beneficial owners in the fo ner: (a) Subjec¥ Xo roval of Mortgagees as provided in ap all expenses of the Insurance Trustee (if & 2 be first paid or provision made therefor.

(b) fe) ¢ damage for which the proceeds are paid is paired or reconstructed, the remaining shall be used to defray the cost thereof as Hed in Article VII hereafter. Any proceeds remaining fx defraying such costs shall be distributed first to the Mortgagees and then to the Owners, ‘ad their interests may appear. B1218 Bes (c) If it is determined in th€ manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial owners, remittances to Owners and their Mortgagees being payable jointly to them.

-45(d) In making distribution to Owners and their Mortgagees, the Insurance Trustee (if any) may rely upon a certificate of the Association made by its President and Secretary as to the names of Owners and their respective shares of the distribution.

6.09. Responsibility of Each Owner. Each Owner shall be responsible for his own insurance on his personal property in his Apartment, his personal property stored

respective shares of the distribution.

6.09. Responsibility of Each Owner. Each Owner shall be responsible for his own insurance on his personal property in his Apartment, his personal property stored elsewhere on the Project and his personal liability to the extent not covered by the liability insurance for all t Owners obtained by the Board as hereinbefore provided ARTICLE VII DAMAGE AND DESTRUCTION ) 7.01. Reconstruction or Repai Subj o the provisions of the Act and Section 5.09B fire, casualty or any other disast the ifstrance proceeds, if sufficient to reconstruct the damaged, shall be applied to such reconstructi@r Btruction of the Buildings", as used in Secti means restoring the Buildings to substantg>11 he) game condition in which they existed prior to alty or other disaster, with each Apartment a amon Elements having the same vertical and hg b boundaries as before. Such recon-= struction sha gaused to be accomplished by the Board.

Insufficiency of Proceeds. If the insurance atored by the Board using proceeds of insurance, if any, on the Buildings for that purpose, and the Owners shall be liable in proportion to their respective percentage interests in the Common Elements for assessment for any deficiency. However, subject to any provision of the Act to the contrary, if Reconstruction of the Buildings comprises the whole or more than two-thirds (2/3rds) of the Project (exclusive of the Property) as determined by the Board, unless otherwise unanimously agreed upon by the Owners and the Mortgagees, the damage shall not be repaired or restored and the provisions of the following sentence shall control.

In the event that the Owners and the Mortgagees do not elect to repair or rebuild any damage in accordance with the

be repaired or restored and the provisions of the following sentence shall control.

In the event that the Owners and the Mortgagees do not elect to repair or rebuild any damage in accordance with the preceding sentence, the Board shall record, with the County Clerk of Dallas County, Texas, a notice setting forth such facts, and upon the recording of such notice: (a) the Project shall be deemed to be owned in common by the Owners; (b) the undivided interest in the Project o in common which shall appertain to each Owner site the fractional undivided interest previousl ey such Owner in the Common Elements; (¢) any liens affecting any of ec ominiums shall be deemed to be transfer ina nce with the existing priorities to the ided interest of the Owner in the Frolsey> (a) the Project sha bject to an action for partition at the Ae ner, in which event the SS be divided among all the Owners net proceeds o her with the net proceeds of the insuranc ject, if any, shall be considered as one fund eo the fractional], undivided interest h’“Owner in the Common Elements, after first of the respective shares of the Owners, toa ed by liens on the undivided interest in the Project owned by each Owner; and (e) Notwithstanding any other provision hereof, no Apartment in the Project may be partitioned or subdivided without the prior written approval of the holder of each Mortgage on such Apartment.

chy g1i2z4) % By ARTICLE VIII MISCELLANEOUS 8.01. Eminent Domain. Subject to the provisions of Section $.09 C hereof, the following provisions shall apply in the event of any taking of a portion of an Apartment or of the Common Elements by eminent domain. The taking of a portion of an Apartment or of the Common Elements by eminent domain shall be deemed to be a casualty, and the

of a portion of an Apartment or of the Common Elements by eminent domain. The taking of a portion of an Apartment or of the Common Elements by eminent domain shall be deemed to be a casualty, and the awards for such taking shall be deemed to be proceeds from insurance on account of the casualty and shall be deposit with the Insurance Trustee. The Association or the InsuPs Trustee shall represent the Owners in any condemnatié proceedings or in negotiations, settlements and 4 with the condemning authority for acquisi Elements or part thereof. Each Owner he proceeds for such taking i or any Insurance Trustee, for of the Owners and their Mortgagees, as their S may appear. Notwith- ' standing any other pteydsi this Section 8.01 any distribution made as a fds y termination of the Project Even though t anny Owners shg reasonable and equitable basis.

ds may be payable to the Owners, the the awards with the Insurance Trustee; of failure to do so, in the discretion of his award, or the amount of such award shall be set off against the sums hereafter made payable to such Owner. If any Apartment or portion thereof or the Common Elements or any portion thereof is made the subject matter of any condemnation or eminent domain proceeding ar is otherwise sought to be acquired by a condemning authority, then the Mortgagee of such Apartment shall be entitled to timely written notice yt of any such proceeding or proposed acquisition and no provision : hereof shall entitle the Owner of such Apartment or other party to priority over such Mortgagee with respect to the distribution to such Apartment of any award or settlement.

Subject to the rights of Mortgagees under the terms of their Mortgages, the proceeds of the awards shall be @istributed

e with respect to the distribution to such Apartment of any award or settlement.

Subject to the rights of Mortgagees under the terms of their Mortgages, the proceeds of the awards shall be @istributed or used in the manner heretofore provided for insurance proceeds, except that when the Condominium is not #0 be terminated and one or more Apartments are taken in part, the taking shall have the following effects: (a) If the taking reduces the size of an ApafTite oO tenantable, the award for the taking of a CCS 3 and the remaining portion of that Apartment can the Apartment shall he used for the ing poses in the order stated, and the followil cha s shall be effected in the Condominium: {i) The Apartment shall if the cost of such of the award, 4 assessed agai sle tenantable, and eeds the amount al funds shall be @ér of the Apartment.

(ii) The balance if any, shall be (iii) a balance of the award distributed tment Owner and Mortgagee, the ix> the Common Elements appurtenant to : Apartment shall be equitably reduced. ' shall be done by reducing such share by i she”“proportion which the balance of the award : © distributed bears to the market value of he Apartment immediately prior to the taking, and then recomputing the shares of all Owners in the Common Elements as percentages of the total of their shares as reduced by the taking.

(b) If the taking destroys or so reduces the size of an Apartment that it cannot be made tenantable, the award for the taking of the Apartment shall be used for the following purposes in the order stated, and the following changes shall be effected in the Condominium: (i) The market value of such Apartment immediately prior to the taking shall be paid to the Owner of the Apartment and to each Mortgagee IPs

the following changes shall be effected in the Condominium: (i) The market value of such Apartment immediately prior to the taking shall be paid to the Owner of the Apartment and to each Mortgagee IPs 81243 VIR | ee a of the Apartment, the remittance being payable jointly to the Owner and Mortgagee.

any, shall become a part of the Common Elements and shall be placed in condition for use hy all of the Owners, in the manner approved by the Board of Directors of the Association; provided, however, that if the cost of such work shall exceed the balance of the fund i from the award for the taking, such work shall be approved in the manner elsewhere required for further improvement of the Common Elements.

l (ii) The remaining portion of such Apartment, if {iii) The shares in the Common Elements appurtenant to the Apartment which continue as a part of the Condominium shall be equitably adjusted to distribute the ownership to the Common Elements among the reduced number of Owner This shall be done by recomputing the shaTrés of such continuing Owners in the Common Elements as percentages of the total shares of such Owners as they exis the adjustment.

(iv) If the amount of the award ak sufficient to pay the mark val : condemned Apartment to the ner id to restore the remaining port e Apartment in condition for use @q a pa the Common Elements, the addition funds required for such purposes shall Ased by assessments against all of the 3 o will continue as Owners of r er the changes in the Project e e taking. Such assessments sha e in proportion to the shares o mate in the Common Elementa, af hanges effected by the {c) value of an Apartment prior to the taking cz 2 determined by agreement between yagee and the Association within 7 thirt s after notice by any such party, such

n Elementa, af hanges effected by the {c) value of an Apartment prior to the taking cz 2 determined by agreement between yagee and the Association within 7 thirt s after notice by any such party, such 1 be determined by arbitration in accordance ® then existing rules of the American Arbitration As iation, except that the arbitrators shall be two raisers appointed by the American Arbitration Association who shall base their determination upon an average of their appraisals of the Apartment; and a judgment of specific performance upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The cost of arbitration proceedings shall be assessed against all Owners in proportion to the shares of the Owners in the Common Elements as they existed prior to the changes effected by the taking.

‘ vi gigi zter ’ (d) Subject to the provisions of Section 5.09 and Section 8.06 hereof, the changes in Apartments, in the Common Elements, in the Ownership of the Common Elements, and in shares of liability for common expenses which are effected by eminent domain, shall be evidenced by an amendment of this Declaration which need be approved only by a majority of the Board of Directors of the Association.

8.02. Audit. Any Owner may at any time and at his own expense cause an audit or inspection to be made the books and records of the Association.

8.03. Personal Property. The Board or M may acquire and hold, for the benefit of the_OQwn and intangible personal property and may pos by sale or otherwise; and the beneficial ere in such personal property shall be owned by Owners in the same proportion as their respective in in the Common Elements, and shall not be t xcept with a transfer of a Condominium. If persone y is for the use of

rsonal property shall be owned by Owners in the same proportion as their respective in in the Common Elements, and shall not be t xcept with a transfer of a Condominium. If persone y is for the use of Owners of Condominiumg >in brly e separate portion of the Project, such persan shall be owned only by such Owners. A transfbs ondominium shall transfer to the transferee owne 3 the transferor's beneficial interest y.a QO Partition. Except as otherwise permitted in Se O02 and subject to the provisions of Article V hn f, ere shall be no judicial partition of the Project, nor Developer or any person acquiring any interest in the Project or any part thereof seek any judicial partition; provided, that if any Condominium shall be owned by two (2) or more co=tenants, as tenants in common or as joint tenants, nething herein contained shall be deemed to prevent a judicial partition as between such co-tenants, and provided further that an action may be brought for partition by sale of the “Project, if any of the following conditions exist: 81248 2723 -51- » .

“et ahaa oe .

1 otre ee oe ee; Sey Ren, .

(a) Three (3) years after damage or destruction to the Project which renders a material part thereof unfit for its use prior thereto, the Project has not been rebuilt or repaired substantially to its state Prior to its damage or destruction; or a (b>) Except as may be otherwise provided in the Act, three-fourths (3/4ths) or more of the structures in the Project have been destroyed or substantially damaged, and Owners holding in the aggregate More than a fifty percent (50%) interest in the Common Element are opposed to repair or restoration of the Proje or Owners holding in the aggregate more percent (67%) interest in the In any event, and oe

e than a fifty percent (50%) interest in the Common Element are opposed to repair or restoration of the Proje or Owners holding in the aggregate more percent (67%) interest in the In any event, and oe provisions of this Section 8.0 artment in the Project may be partitioned or oa e hout the prior written approval of the hol rtgage on such Apartment, and the provision with respect to partition shall be strictly i with. i and Interpretation. This Declaration and, and shall continue in full force n (a) it is terminated by a court of competent ursuant to law, (b) there is a total destruction ovements in the Project and a determination of the Owflérs not to rebuild the improvements, or a total abandonment of the Project by the Owners, (¢c) the Project is judicially partitioned in accordance with the provisions of Section 8.04 hereof, or (a) the Project is deemed owned in ¢cmmon by the Owners as provided in Section 7,02 hereof.

Each purchaser by accepting a deed to a Condominium accepts the interest thereby conveyed subject to all of the provisions rth 8124 VID of this Declaration and agrees to be bound thereby. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of a condominium townhome project.

Failure to enforce any provision hereof shall not constitute I a waiver of the right to enforce Said provision or any other provision hereof.

8.06. Amendment.

A. Except as provided in Section 8.06 B and Section 8.06 C, the provisions of this Declaration may b amended by an instrument in writing signed and acknowl of a majority of the Condominiums in the Developer (so long as Developer owns any Project), which amendment shall be ectiv n recordation

on may b amended by an instrument in writing signed and acknowl of a majority of the Condominiums in the Developer (so long as Developer owns any Project), which amendment shall be ectiv n recordation in the Office of the County Clerk o s County, Texas.

In addition, Developer a Declaration without the WN Mer Owners as required by any institutional lendef fas 4 ndition of making a loan Ddominium or as required by secured by an inter WwW any Eligible Hold a dment shall, however, change the percentage oy r the percentage assessments of _ Owners, e rights of a holder of a recorded Mortgage geod faith and for value. Amendments to : Arti neresf shall be effective only upon unanimous tten sént of the Owners and their Mortgagees.

B. The consent of Owners of Condominiums to which one hundred percent (100%) of the votes in the Association are allocated and the approval of the Eligible Holders of Mortgages on Condominiums to which at least sixty-seven percent (67%) of the votes of Condominiums subject to a Mortgage appertain shall be required to terminate the, Legal status of the Project. 81245 29S9 C. Subject to the provisions -of Section 5.09 FP hereof, the consent of Owners of Condominiums to which at eet al least sixty-seven percent (67%) of the votes in the Association are allocated and the approval of Eligible Holders of Mortgages on Condominiums to which at least fifty-one percent (51%) of the votes of Condominiums subject to a Mortgage appertain shall be required to add or amend any material provisions of the Declaration, Bylaws or Articles of Incorporation which establish, provide for, govern or regulate any of the following: (i) Voting; (ii) Assessments, assessment liens or subordf ef such liens; (iii) Reserves for Maintenance, repair a of the Common Elements;

blish, provide for, govern or regulate any of the following: (i) Voting; (ii) Assessments, assessment liens or subordf ef such liens; (iii) Reserves for Maintenance, repair a of the Common Elements; (iv) Insurance or fidelity bond (v) Rights to use of the Commo em 8; (vi) Responsibility for m enanc nd repair of the several portions e Project; the Project or (vii) Expansion or contra axakVon er withdrawal of the addition, Property to or (viii) (ix) (x) of Condominiums into Common of Common Elements into Condo(x1) ceny! g’of Condominiums; poSition of any right of first refusal or ie imilar restriction on the right of an Owner © sell, transfer, or otherwise convey his or her Condominium; or ( 1) Establishment of self-management by the Association.

D. The consent of Owners of Condominiums to which at least sixty-seven percent (67%) of the votes in the Association are allocated and the approval of Eligible Holders of Mortgages on Condominiums to which at least fifty-one percent (51%) of the votes of Condominiums subject to a Mortgage appertain shall be required to amend any material provisions included in this Declaration, the Bylaws PE a, 81257 VISE ws a or equivalent documents of the condominium regime which are ‘ for the express benefit of Eligible Holders. : y B. An addition or amendment to this Declaration, the Articles, the Bylaws or equivalent documents shall not be considered material if it is for the purpose of correcting technical errors or for Clarification only. An Eligible Holder who receives a written request to approve additions or amendments to this Declaration, the Articles, the Bylaws or equivalent document who does not deliver or post to the requesting party a negative response within thirty (30) shall be deemed to have approved such request.

Declaration, the Articles, the Bylaws or equivalent document who does not deliver or post to the requesting party a negative response within thirty (30) shall be deemed to have approved such request.

8.07. Severability. The provisions he be deemed independent and severable, and th im aids partial invalidity or unenforceability o ny o Pp or portion thereof shall not affect the ddi or enforceability of any other provision her 8.08. Power of Attorne revocable power of attorney coupled with an inte? $ anted by the Owners to the Board, acting on be € Association, to the extent of the powers aia ht iven to the Board by the provisions of thi IN WIT this instrumen 1er4 day of hececes hev , 1981.

MONTICELLO CROSSING JOINT VENTURE By: Dondi Properties, Inc., Venturer President By: Florida First Service Corporation, Venturer , es i ee ¢ eee.

te ne THE STATE OF TEXAS § § 1 COUNTY ona line § BEFORE ME, the undersigned authority, on this day personally appeared R. W. Ramsey, President of Dondi Properties, Inc., a Texas corporation, a joint venturer in MONTICELLO CROSSING JOINT VENTURE, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and as the act and deed of said corporation and joint venture, and in the capacity therein stated.

: ve. 6 GIV UNDER MY cat AND SEAL OF OFFICE, this the bo day “of 198 sr ot ON Ority, on this day 2 VIKG&. PRES. of Florida corporation, a JOINT VENTURE, known hoge name is subscribed to the foregoing instxu) acknowledged to me that he Florida First Service Corporat joint venturer in MONTICELL@ expressed, and as joint venture, deed of said corporation and acity therein stated.

a, Yu day of

oregoing instxu) acknowledged to me that he Florida First Service Corporat joint venturer in MONTICELL@ expressed, and as joint venture, deed of said corporation and acity therein stated.

a, Yu day of No¥ary Public in and: for...

FOripn My Expires: EXHIBIT "a" Property Description Being a tract of land out of the J. W. Smith Survey, Abstract No. 1334, Dallas County, Texas, also being Lot 1A, Block A/2937 of Monticello Crossroads, an addition to the City of Dallas as recorded in Volume 81159, page 0179, Map Records of Dallas County, Texas, and being mora Particularly described as follows: BEGINNING at the point of intersection of the East right-of-way line (variable R.O.W.) of North Central Expressway (U.S. Hwy. 75) with the South right-of-way line (50!

R.O.W.) of Martel Street; THENCE, East, along said South right-of-way line of Martel Street, a distance of 631.78 feet to a point for corner; THENCE, S 00° 23' QO" W, a distance of 144.00 point for corner; THENCE, West, a distance of 714.68 feet to 4 Py t corner on said West right-of-way line of WO6rth Ge a Expressway; THENCE, N 30° 13' 00" B, along said line of North Central Expressway, a,dista to the POINT OF BEGINNING AND CONT G 96,944.040 square feet or 2.226 acres of land, more or s.

-S7eee a EXHIBIT "3B" Property Description of Additional Property Being a tract of land out of the J. W. Smith Survey, Abstract No. 1334, Dallas County, Texas, also being Lots 11 through 28 of Block A/2937 of Highland View No, 2, an addition to the City of Dallas as recorded in Volume 8, page 475, Map Records of Dallas County, Texas, also being part of a 1S foot alley of said Block A/2937 as abandoned by Ordinance No. 17024, and being more particularly described as follows: BEGINNING at the most southern point of a corner clip

as, also being part of a 1S foot alley of said Block A/2937 as abandoned by Ordinance No. 17024, and being more particularly described as follows: BEGINNING at the most southern point of a corner clip at the intersection of the North right-of-way line (50!

R.O.W.) of Longvisw Street and the Fast right-of-way line (variable R.O.W.) of North Central Expressway; THENCE, N 37° 07' 23" W, along said corner clip, a di tance of 13.28 feet to the most Northern point of said corner clip, said point also Lying on said East right-9 line of North Central Expressway, said point also bei beginning of a curve to the left; THENCE, along said East right-of-way line o Central Expressway and also along said curve to distance of 24.50 feet to a point at the ¢ to the left having a central angle of 0OOf of 2,994.93 feet, a tangent length of 12)/.2 bearing N 30° 12' 39" &, and a chord leng THENCE, N 30° 13' OO" &, cont right-of-way line of North Central 129.89 to a point for corner, saig Southwest corner of Lot 1-A, Blo of Monticello Crossroads, an addition to Dallas as recorded in Volume 81159, page 0179, Map Kesotd®’4f Dallas County, Texas; THENCE East, al h line of said Monticello Crossroads, a dista feet to a point for corner, said point also b east corner of said Monticello Crossroads; THENCE, N O Monticello Cro for corner on Martel Street E, along the East line of said a distance of 144.00 feet to a point right-of-way line (50' R.O.W.) of t along said South right-of-way Line of distance of 180.68 feet to a point at the a curve to the right at the intersection of ght-of-way line of Martel Street with the West gay line (50' R.O.W.) of Glencoe Street; THENCE, along said curve to the right, a distance of 58.98 feet to a point at the end of said curve to the right,

ht-of-way line of Martel Street with the West gay line (50' R.O.W.) of Glencoe Street; THENCE, along said curve to the right, a distance of 58.98 feet to a point at the end of said curve to the right, having a central angle of 112° 39' 07", a radius of 30.00 feet and a tangent length of 45.03 feet said point also lying on said West right-of-way line of Glencoe Street and being the beginning of a curve to the left; THENCE, along said West right-of-way line of Glencoe Street and also along said curve to the left, a distance of 97.17 feet to a point at the end of said curve to the left, having a central angle of 22° 16' 07", a radius of 250.00 feet and a tangent length of 49.20 feet; THENCE, S 00° 23' 00" W, continuing along said West right-of-way line of Glencoe Street, a distance of 151.84 ? feet to a point for corner of the intersection of said West right-of-way line of Glencoe Street with said North right-of-way line of Longview Street; | THENCE, West along said North right-of-way line of : Longview Street, a distance of 973.40 feet to the POINT oF BEGINNING AND CONTAINING 164,767.01 square feet or 3.7825 acres of land, more or less.

BILI S736 1 1 art.

1 ior 11 1 : .

!

6.

EXHIBIT "C" Plan 11: 10 las r Dallas i.

int for 1 !

: :: ice's feet 11:: CAM line nr feet or 10.

Unofficial Copy ostitition Cosas racorisociatio ואפ.ב מפולס F YENס או 1.

81248 2737 MONTICELLO CROSSROADS CONDOMINIUMS DALLAS, TEXAS COOK K CONSULTANTS, INC.

surveyors engineer's planners.

4919 north centra prassway co-au. Has 79209-214/320GNO job 80344-1 by J.v date NOV 81 chd W T oht. I of ---(U.S. HWY. 75) N. CENTRAL EXPWY.

(VARIABLE ROW) 166.64' 10' BLDG LINE B WATER ESMT.

VOL.81159, PG 0179 POOL ...

1.8 13.3 A CLUBHOUSE 8-224814 B B-2 B-1 8-3 00 POINT OF BEGINNING 11-9-1 50 24.1 CONC.

75) N. CENTRAL EXPWY.

(VARIABLE ROW) 166.64' 10' BLDG LINE B WATER ESMT.

VOL.81159, PG 0179 POOL ...

1.8 13.3 A CLUBHOUSE 8-224814 B B-2 B-1 8-3 00 POINT OF BEGINNING 11-9-1 50 24.1 CONC.

20.1 MARTEL STREET 50 ROW) opy EAST CONC-20 20 BL7 1-6-11 192 APPUNTENANT TO APT. INDICATED COVERED PARKING SPACE BSTORAGE.LC.E (TYPICAL) (2-7-12) (3-8-13 C RET. WALL D-2 D-2 D1-0 (4-9-14 166 5-10-15 E-3 0-3 L.C.E. ASPURTENANT GARAGE & STORAGE TO APT. INDICATED (TYPICAL) PATIO APPURTENANT TO APT. INDICATED (TYPICAL) 166 24 6-2246-4 GG-2 2-7-12 3-8-13 1-9 G-1 G-3 BE E-2 E-424 H-4 32.0 183 4-9-14 ZH2 -H 1-30 5-10-15 631.78 24' 20 32.0 1-3 1-6-1 14.6 ヤー 2-7-12 -CONC 1-2 12 1-4 (244) 3-8-13 K 32.0 J-3 번 J-1 J (4-9-14 J-2 1144) J-4 16.9 5-10-15 J-2 NOTES E-1 WEST ILCE LIMITED COMMON ELEMENT 2) SEE SHEET 9 FOR PARKING SPACES ACSIGNED TO BUILDINGS C, F & K.

3) NUMBER OF FIRST/SECOND FLOOR APT.

4) NUMBER OF FIRST FLOOR APT NUMBER OF SECOND FLOOR APT.

(WEST SIDE) 5) 277771-STORAGE 11-9-12 NUMBER OF SECOND/THIRD FLOOR APT NUMBER OF SECOND FLOOR APT.

(EAST SIDE) 5'BLOG LINE & UTILITY ESM'T VOL. 81159, PG 0179 Unoff MONTICELLO CROSSROADS COUNTY CLERK'S MEMO PORTIONS OF THIS 1 AMENT NOT OJUCIBLE Winkit RECORDED R CONDOMINIUMS DALLAS, TEXAS CONC.

15'BL S00°23′00 W 144.00 385RRARAR353 GGR85-1855 date NOV '81 chd W T sht. 2 of !!

09:1 Job 80344-1 by J V COOK CONSULTANTS, INC.

engineers planners urveyors 4810 th contre Beway DOM LOND 78203-214/5286120 ---PATIO eRTERANT TO APPURTENANT TC ; vprt APT 2 23 8" TYPE Bib 3; | STORAGE 2 | 4 TYPE Blo ; | | STAIRWAY ,L.C.E.

APPURTENANT TO GARAGE & STORAGE ,L CE APPURTENANT TO API 4 - THIRD FLOOR 2G /ERED COVERED PRG SPACE & PKG SPACE & STORAGE, CE ~ STORAGE,L CE APPURTENANT 77 APPURTENANT TO APT | APT 2 THIRD FLOOR (TYPE Bio)

TENANT TO GARAGE & STORAGE ,L CE APPURTENANT TO API 4 - THIRD FLOOR 2G /ERED COVERED PRG SPACE & PKG SPACE & STORAGE, CE ~ STORAGE,L CE APPURTENANT 77 APPURTENANT TO APT | APT 2 THIRD FLOOR (TYPE Bio) GARAGE & STORAGE,. CE APPURTENANT TO AT 35 iy SECOND FLOOR TYPE B! SECOND FLOOR FERRE Bie (TYPE Bio} TYPE Blb FIRST FLOOR —_ . FIRST FLOOR TYPE Bla (TYPE Bib) ( GARAGE) APPURTENANT TO APT 3 STAIRWAY ,L.C.E.

CROSS SECTION Bh Cons APPURTENANT TO_ APT 3 COUNTY CLERK'S MEMO: PORTIONS OF THIS fb CUMENT NBT REPRODUCIBLE WHEN RECORDE® REVISED, DEC.‘ al MONTICELLO CROSSROADS CONDOMINIUMS DALLAS , TEXAS |,2,3,4 ALL MEASUREMENTS ARE APPROXIMATE CIMENSIONS OF UNITS ARE TO INTERIOR SURFACE OF WALLS.

STORAGE , GARAGE , COVERED PARKING & STAIRWAY ARE LIMITED COMMON ELEMENTS APPURTENANT TO THE APARTMENT INDICATED job 8034a-| by vv womm | cu apa g ie iL... Gaox onsuctanrs, Inc.

' pPlennere .- ourveyere awe a pertn crus secinwenwey ‘seree tonne 78OB- (as bee eNO ABT cerin corira sureenuey - + use Lacon 78ROR a14/ Bae 800 owerenanrres sont Rien es APPURTENANT TO APT 4 15 2 PATIO APPURTENANT TO дрт 2 GARAGE & STORAGE, LCE APPURTENANT TO APT 3 19 79 TYPE BIb STORAGE 37.6 92 9、 N 1.3 22.0 32 26 6 TYPE BID STORAGE dn GARAGE & STORAGE, L CE APPURTENANT TO APT 4 APPURTENANT TO APT. 4 STAIRWAY, L.C.E.

114' COVERED PKG SHACE B STORAGE, APPURTENANT APT 1 CE COVERED PKG SPACE & STORAGE, L CE APPURTENANT TO APT 2 68 FIRST FLOOR 115 ② 9113' 23.8' 3 4 5.4 TYPE BIO TYPE Bla 5 8 26 6 68΄ 8 16115 THIRD FLOOR Unofficial Copy 9.2' 30.0' THIRD FLOOR (ΤΥΡΕ Βία) 5.4 18 4.0 1.6' 11.6 13.5' TYPE BID TYPE BIb SECOND FLOOR (TYPE 816) 23 8 SECOND FLOOR (TYPE Bla) أ TYPE Βια TYPE Βια FIRST FLOOR (TYPE BID) FIRST FLOOR (GARAGE) 83' 6.5 64.0 (3) BALCON APPURTENANT TO APT 3 26.6 BALCONY APPUR TEΝΑΝΤ ΤΟ APT 4

BIb SECOND FLOOR (TYPE 816) 23 8 SECOND FLOOR (TYPE Bla) أ TYPE Βια TYPE Βια FIRST FLOOR (TYPE BID) FIRST FLOOR (GARAGE) 83' 6.5 64.0 (3) BALCON APPURTENANT TO APT 3 26.6 BALCONY APPUR TEΝΑΝΤ ΤΟ APT 4 CROSS SECTION COLINTY CLERK'S MEMO PORTIONS OF THIS D.CUMENT NOT REPRODICIBLE WHEN RECORDED MONTICELLO CROSSROADS CONDOMINIUMS REVISED, DEC. '91 DALLAS, TEXAS BUILDING G UNIT No.

1,2,3,4 ALL MEASUREMENTS ARE APPROXIMATE DIMENSIONS OF UNITS ARE TO INTERIOR SURFACE OF WALLS.

81240 2740 STORAGE, GARAGE COVERED PARKING & STAIRWAY ARE LIMITED COMMON ELEMENTS APPURTENANT TO THE APARTMENT INDICATED C COOK CONSULTANTS, INC.

--engineers planners surveyers job 80344-1 by J V scale 1"=20 date NOV. - 81 chd W T --Cake/ ---------i APPURTENANT TO APT I 4 7.5 115 2 PATIO APPURTENANT TO APT. 2 { GARAGE & STORAGE, L CE APPURTENANT TO APT 3 78 19 TYPE BID STORAGE 37.6 2.6 1.3 22.0 26.6 TYPE BIb STORAGE 3.2 UP GARAGE & STORAGE, L CE APPURTENANT TO APT 4 APPURTENANT TO AFT 4 STAIRWAY, L.C.E.

114' COVERED PKG SPACE & STORAGE, CE APPURTENANT TO APT.I COVERED PKG. SPACE & STORAGE, L.C.E.

APPURTENANT TO APT. 2 FIRST FLOOR 115 3 20 ② 6.8 9.2 30.0' 11.3' 23.8 3 4 5.4 TYPE Bloo ΤΥΡΕ ΒΙα 8.5 26.6 6.8 ,8 11.5 THIRD FLOOR THIRD FLOOR (TYPE Bla) Unofficial Copy 5.4 1.8 4.0 1.8 11.6 13.5' TYPE BID 23.8' TYPE Bla 8.3' 5 BALCON 64.0' APP JRTENANT TO APT 3 8 (3) 10 11.5 26.6' TYPE BID SECOND FLOOR (TYPE BID) SECOND FLOOR (TYPE Bla) TYPE Bla FIRST FLOOR (TYPE BI01 FIRST FLOOR (GARAGE) BALCONY APPURTENANT TO APT 4 CROSS SECTION 上 . This EPIT NOT ODUCIBUT WHEN RECORD MONTICELLO CROSSROADS CONDOMINIUMS REVISED, DEC. '81 DALLAS, TEXAS BUILDING J UNIT No.

1,2,3,4 ALL MEASUREMENTS ARE APPROXIMATE DIMENSIONS UNITS ARE TO INTERIOR SURFACE OF WALLS.

81240 274L

HEN RECORD MONTICELLO CROSSROADS CONDOMINIUMS REVISED, DEC. '81 DALLAS, TEXAS BUILDING J UNIT No.

1,2,3,4 ALL MEASUREMENTS ARE APPROXIMATE DIMENSIONS UNITS ARE TO INTERIOR SURFACE OF WALLS.

81240 274L STORAGE GARAGE COVERED PARKING & STAIRWAY ARE LIMITED COMMON ELEMENTS APPURTENANT TO THE APARTMENT INDICATED.

COOK CONSULTANTS, INC.

angineer planners surveyors DAHY VIELFA-214/531 :סקיר job 80344-1 by J v scale 1"=20 date NOV. - 81 chd W T sht.5 of II ---PAT SPO JATENANT TO AFT I PAT10 APPURTENANT TO APT 2 LOUNTY CAMER P101 -F نا י APPURTENANT TO AFT. 3AND STAIRWAY, LC.E.

9.

APT. 4 IN BLDG. E 20.6 42.31 113 D 7.9 10 3 TYPE B2b 14 5' 9 ( 3.5 3.4 STORAGE TYPE 82b STORAGE GARAGE & STORAGE LCE APPURTENANT TO APT. 3 67' 20.6 !

24.3 901 10.9' COVERED PKG.SPACE & STORAGE, L C.E APPURTENANT TO APT I UP COVERED PKG SPACE & STORAGE, CE APPURTE NANT TO APT 2 STAIRWAY, L.CE.

APPURTENANT TO APT. 4 APPURTENANT TO APT. AND GARAGE & STORAGE, LCE APPURTENANT TO APT 4 STAIRWAY, L.C.E.

13 33' APT 4 IN BLDG. E 3.3' 61 2.3 118 1.8 5.6' FIRST FLOOR 25 4 241 ③ TYPE 820 80 118 230 18-18' 3.3 18.0 Unofficial Copy 21.1 80 17.4 ② TYPE B2b 3.6 2.3 ON.

3.3 26.6 3.0 TYPE 820 3 180' 18.4 TYPE B2b TYPE DN.

APPURTENANT TO APT. 4 STAIRWAY, L.C.E.

10.3' 6.

8.

,81 33 BALCONY APPURTENANT APT. 3 NANT TO F.COR THIRD FLYOR (TYPE 820) SECOND FLOOR (TYPE B20) SECOND FLOOR (ΤΥΡΕ 820) FIRST FLOOR (TYPE 82b) FIRST FLOOR (GARAGE COURTY CLEAR'S MENKO TONG OF THIS DMENT NOT REPRODUCIOLA WHEN RECORDED CROSS-SECTION REVISED, DEC. 81 MONTICELLO CROSSROADS CONDOMINIUMS DALLAS, TEXAS BUILDING D UNIT No.

1,2,3,4 ALL MEASUREMENTS ARE APPROXIMATE DIMENSIONS OF UNITS ARE TO INTERIOR SURFACE OF WALLS 81246 2742 STORAGE, GARAGE COVERED PARKING & STAIRWAY ARE LIMITED COMMON ELEMENTS APPURTENANT 1 TO THE APARTMENT INDICATED.

6.F

NTS ARE APPROXIMATE DIMENSIONS OF UNITS ARE TO INTERIOR SURFACE OF WALLS 81246 2742 STORAGE, GARAGE COVERED PARKING & STAIRWAY ARE LIMITED COMMON ELEMENTS APPURTENANT 1 TO THE APARTMENT INDICATED.

6.F COOK CONSULTANTS, INC.

engineers arnineare planner surveyors job 80344-1 by Jv scale 1:20' -0.0 date NOV, ai chd W T sht. 6 of 1 11 ר APPURTENANT TO AFT. 3 STAIRWAY, L.C.E.

७ PAT PERTENANT 77 3 79 20.6 TYPE B2b 35' ICE STORAGE GARAGE & STORAGE, APPURTENANT TO APT 3 CE 67 an 20.6 24 3 A 1 PAT APPURTEMANT Γ 4PT 2 2 145 TYPE B2b 3.4 ST HAGE GARAGE & STORAGE CE APPORTENANT TE. AF 4 APPURTENANT TO 4 AND APT 3 IN BLDG. G STAIRWAY, L.C.E.

APPURTENANT TO APT 3 STAIRWAY, L.C.E.

AT 10.9' COVERED PKG SPACE & STORAGE, CE APPURTENANT TO APT EREL UP PKG SPACE & SRAGE, CE APPURTENANT TO APT 2 25 4 ③ TYPE B20 118 230 18 33 80 FIRST FCR 180 THIRD FLOOR 33 19 2 BOUNTY CARA MEM PORTIONS OF 13 MEN NOT RAFKAHANINE NEY 4 81811 56 80 TYPE B2b 56 33 DN.

3.3 266 30 13 لها 211 TYPE 820 3 64 103 180 194 TYPE B26 2 APPURTENANT TO APT 4 AND APT. 3 IN BLDG. G STAIRWAY, L.C.E.

Copy BALCONY APPUR APT 3 APPURTENANT TO 4 FOOR SECOND FLOOR (TYPE 826) FIRST FLOOR (TYPE B2b) THIRD FLOOR (TYPE 820) SECOND FLOOR (TYPE 820) FIRST FLOOR (GARAGE) CROSS-SECTION MONTICELLO CROSSROADS CONDOMINIUMS DALLAS, TEXAS REVISED, DEC. '81 BUILDING UNIT No.

H 1,2,3,4 ALL MEASUREMENTS ARE APPROXIMATE DIMENSIONS OF UNITS ARE TO INTERIOR SURFACE OF WALLS > 81240 2743 STORAGE GARAGE COVERED PARKING & STAIRWAY ARE LIMITED COMMON ELEMENTS APPURTENANT TO THE APARTMENT INDICATED.

COOK CONSULTANTS, INC.

anninear...

nann--job 80344-1 by JV date NOV. - 81 chd W T "-30 241 APPURTENANT TO APT. 3 STAIRWAY, L.C.E.

GARAGE & STORAGE, L. CE APFURTENANT TO APT 3 16 16 67 20.6 APORTENANT TO ۲عد: í 31 1.3 D 79 10 3 TYPE B2b 20.6 14.5

date NOV. - 81 chd W T "-30 241 APPURTENANT TO APT. 3 STAIRWAY, L.C.E.

GARAGE & STORAGE, L. CE APFURTENANT TO APT 3 16 16 67 20.6 APORTENANT TO ۲عد: í 31 1.3 D 79 10 3 TYPE B2b 20.6 14.5 35- 3.4 STORAGE 106' 24 3 پر (2 TYPE B2b r STORAGE APP IRTENANT TO APT 2 8:81 5.

33' 23 5.6 80 174 TYPE B2b 3.6 23 3.3 NO 266 30 13 TYPE 820 STAIRWAY, L.C.E.

APPURTENANT TO APT.4 AND APT. 3 IN BLDG. J APPURTENANT TO APT 3 STAIRWAY, L..C.E.

GARAGE & STORAGE L CE APPURTENANT TO APT 4 33' 10.9' COVERED PKG SPACE & STORAGE, L CE APPURTENΑΝΙ ΤΟ APT VEREL PKG GRACE & UP RAGE, CE APPARTENANT TO AFT 2 25 4 3 TYPE B20 80' 230 118 18 33 FIR Fr 211 3.3 BALCONT APPUR TENAN AP 3 79 103 185 18.4 COUNTY CERK'S MELIOL PORTIONS OF TH DOCUMENT NOT REFRODUCIBLE Man 1.

TYPE 82b ② TYPE APPURTENANT TO 4 NG Unofficial Coov (H THIRD FLOOR (ΤΥΡΕ 820) SECOND FLOOR (TYPE 820) FIRST FLOOR (TYPE 820) SECOND FLOOR (TYPE 820) FIRST FLOOR (GARAGE CROSS-SECTION REVISED, DEC. 81 MONTICELLO CROSSROADS CONDOMINIUMS DALLAS, TEXAS BUILDING I UNIT No.

1,2,3,4 ALL MEASUREMENTS ARE APPROXIMATE DIMENSIONS OF UNITS ARE TO INTERIOR SURFACE OF WALLS 1 81248 2741 STORAGE, GARAGE COVERED PARKING & STAIRWAY ARE LIMITED COMMON ELEMENTS APPURTENANT TO THE APARTMENT INDICATED erigineeru plannere COOK CONSULTANTS, INC.

surveyore job 80344-1 by Jv date NOV. 81 chd W T cht. 8 of 11 acale 1"=20 COOK CONSULTANTS, INC.

engineers plannero. surveyors 4819 00n contra by 0040.10.06 75205-214/520 6120 62.0 OPEN n APT 5 STAIRWAY, L.C.E.

APPURTENANT TO APTS. 1,2,3,4,5,6, 7,8,9,10,11, 12, APT. 10 13,14 & 15 77.0' APT 16 APT APT. 2 40 COVERED PARKING SPACES, L.C.E.

APPURTENANT TO APT. INDICATED APT. I 10.8' STAIRWAY, L.C.E.

APPURTENANT TO APTS. 1,2,3,4,5,6 7,8,9,10, 11, 12, APT. 5 62.0' 5 APT 15 APT/14 STAIRWAY, L.C.E.

ERED PARKING SPACES, L.C.E.

APPURTENANT TO APT. INDICATED APT. I 10.8' STAIRWAY, L.C.E.

APPURTENANT TO APTS. 1,2,3,4,5,6 7,8,9,10, 11, 12, APT. 5 62.0' 5 APT 15 APT/14 STAIRWAY, L.C.E.

APPURTENANT TO APTS. 1,2,3,4,5,6,7,8,9, 10,11, 12, 13, 14 8 15 77.0 PARKING PLAN STORAGE (L.C.E.) & PATIO APPURTENANT TO APT.5 STAIRWAY, L.C.E.

APPURTENANT TO APTS. 5810 UP ON.

11.4 STAIRWAY, L.C.E.

ELECT APPURTENANT TO METERS (APTS. 889 183.8 1.8 ELECT METERS 11.2 13.0 5.8 NG 45 6.3 TYPE B3 TYPE 83 34.5 4.5 UP STAIRWAY, L.C.E APPURTENANT TO APT 15 METERS STORAGE (L C.E.) & PATIO APPURTENANT TO APT.4 FIRST FLOOR Unofficial Coby APT. 13 4.0 APT.

APT.

APT. II 36.0 10.8 TO 10,11,12,13,14 & 15 STAIRWAY, L.C.E.

APPURTENANT STORAGE (L.C.E.)

& PATIO TO APTS 1,2,687/APPURTENANT TO APT, I TYPE 83 (2) TYPE 83 ① N STAIRWAY, L.C.E.

APPURTENANT TO APTS. 3,4, 13 8 14 ELECT METERS STORAGE (L.C.EJA PATIO APPURTENANT TO APT 3 ELECT METERS STAIRWAY, L.C.E.

APPURTENANT TO APTS 118 12 MONTICELLO CROSSROADS CONDOMINIUMS DALLAS, TEXAS BUILDING C UNIT No.

1,2,3,4,5,6,7 8,9,10,11,12,13,14815 F K 1,2,3,4,5,6,7,8,9 1,2,3,4,5,6,7,8,9 10,11,12,13,14 & 15 10, 11, 12,13,14 8 151.

81248 2745 ALL MEASUREMENTS ARE APPROXIMATE DIMENSIONS OF LUNITS ARE TO INTERIOR SURFACE OF WALLS STORAGE, COVERED PARKING & STAIRWAYS ARE LIMITED COMMON ELEMENT APPURTENANT TO THE APARTMENT INDICATED.

job 80344-1 by J.S.

date NOV. 'αι chd W. T.

sht.9 of scale 1"= 20' APT.7 STORAGE (L.C.E.) & BALCONY APPURTENANT TO APT. 10 STAIRWAY, L C.E APPURTENANT ΤΟ ΑΡΤ. 10 DN DN 7.8' STORAGE (L.C.E.)

& BALCONY APPURTENANT TO APT 9 1.83.8 11.2 STORAGESTORAGE 6.3 TYPE AAS (10 21.3' 17.7 20.0 27.3 ON NG STAIRWAY, L.C.E.

APPURTENANT TO APTS. 889 STORAGE ILC.E) 8 BALCONY APPURTENANT ΤΟ APT, 8 STORAGE TYPE A3S (9) TYPE A3S 8

APT 9 1.83.8 11.2 STORAGESTORAGE 6.3 TYPE AAS (10 21.3' 17.7 20.0 27.3 ON NG STAIRWAY, L.C.E.

APPURTENANT TO APTS. 889 STORAGE ILC.E) 8 BALCONY APPURTENANT ΤΟ APT, 8 STORAGE TYPE A3S (9) TYPE A3S 8 TYPE A3S TYPE A4S TYPE A4S 15 26.5 STAIRWAY (L.C.E.)

APPURTENANT TO 4.5' APT. 15 DN STORAGE 13.0 1.8 3.8 14 (13) 3.8 1.8 11.2 STORAGE 27.3 26.5 7.8 STORAGE (L.C.E.)

8 BALCONY APPLATENANT, TO ART T TYPE A4S (7) 21.3' 6.3 TYPE A3S 12 17.7 20.0 NO STAIRWAY, L.C.E.

APPURTENANT TO APTS. 687 STORAGE (L.C.E) B BALCONY APPURTENANT ΤΟ ΑΡΤ. 6 STORAGE TYPE A4 S (6) TYPE A3S STORAGE (L.C.E.)

& BALCONY APPURTENANT TO APT. 15 21.3' 13.3 15.3' STORAGE DN STORAGE 1.8 13.0' 4.7 3.8 STORAGE STORAGE (L.C.E.)/ & BALCONY APPURTENANT TO APT. 14 STAIRWAY, C.E.)

APPURTENANT TO APTS. 13 8 14 & TO STORAGE (LCE.)

8.0 10 TYPE A4S 21.3 4.5 STAIRWAY, L.CE.

APPURTENANT TO APTS 118 12 STORAGE (L.C.E.)

A BALCONY APPURTENANT TO APT. H fficial V 6.0' 8 BALCONY APPURTENANT APT. 13 SECOND 8 43S TYPE A4S TYPE AS 21.3 (13) A4S TYPE A4S 6.0.

15.3 THIRD FLOOR (12) TYPE A3S !

TYPE A3S MONTICELLO CROSSROADS CONDIMINIUMS DALLAS, TEXAS BUILDING UNIT No.

C 1,2,3,4,5,6,7,8,9 10,11,12,13,14 815 F K 1,2,3,4,5,6,7,8,9 1,2,3,4,5,6,7,8,9 10,11,12,13,14 & 15 10,11, 12, 13,14 8 15 81248 2745 ALL MEASUREMENTS ARE APPROXIMATE DIMENSIONS OF UNITS ARE TO INTERIOR SURFACE OF WALLS.

STORAGE & STAIRWAY ARE LIMITED COMMON ELEMENTS APPURTENANT TO THE APARTMENT INDICATED.

COOK CONSULTANTS, INC.

engineers. plonnors survayora 4919 посn central expressway бала кел0 75205-214/926 6120 PAUKA job 80344-1 by S scale 1: 2C date NOV. 81 chd WT aht. 10 of 1 PATIC APPARTENANT TO ΑΡΓ1 PAT.O APPJRTENANT TO APT 2 20.8' 3.3' 2.3 11.3 79' 1.5 7.3 D 10.3 ② 4.0 TYPE 826 26.7' 147 3.5 3.3 STORAGE 10.6 GARAGE & STORAGE LC.E.

APPURTENANT TO APT. 3

d WT aht. 10 of 1 PATIC APPARTENANT TO ΑΡΓ1 PAT.O APPJRTENANT TO APT 2 20.8' 3.3' 2.3 11.3 79' 1.5 7.3 D 10.3 ② 4.0 TYPE 826 26.7' 147 3.5 3.3 STORAGE 10.6 GARAGE & STORAGE LC.E.

APPURTENANT TO APT. 3 PKG SPACE 8 MSTORAGE, LCE APFURTENANT TO APT.1 Nan 10.9' COVERED APPURTENANT TO APT 3 STAIRWAY, L C.E.

1.6 6.7 20.6' 24.3 16' TYPE B16 6.0' 7.8 STORAGE13.2 FIRST FLOOR 22.0 2.3 1.3 37.6' APPURTENANT TO STAIRWAY, LC.E APT. 4 APPURTENAN TO APT 3 STAIRWAY, LCE.

3.3' 3.3' 1.8' 1.8 2.3 11.5 11.8 5.6 7.3 2 8.0 6.8' 17.4 TYPE 82h TYPE BID 3.6 2.3 26.6' 1.3 3 TYPE 820 11.4 COVERED GARAGE & STORAGE, L.C.E.

APPURTENANT ΤΟ ΑΡΤ. 4 PKG SPACE & STORAGE,L CE APPURTENANT TO APT 2 BALCONY APPURTENANT TO 3 1.8 1.8 8.3 4.01 APPURTENANT TO APT. 4 STAIRWAY, L.C.E.

11.5'6 NO BALCONY APPURTENANT TO APT 4 SECOND FLOOR Unofficial Copy 25.4' TYPE 820 3 98.

6.8 FLOOR 5.4 SECOND FLOCR (TYPES Blb & 82b) FIRST FLOOR (TYPES BID & вы THIRD FLOOR (TYPES Bia & B20) SECOND FLOOR (T/PES Bla & B20) FIRST FLOOR (GARAGE) CROSS SECTION MONTICELLO CROSSROADS CONDOMINIUMS BUILDING B UNIT No.

1,2,3,4 DALLAS, TEXAS ALL MEASUREMENTS ARE APPROXIMATE DIMENSIONS OF UNITS ARE TO INTERIOR SURFACE OF WALLS 81248 2747 STORAGE, GARAGE & COV PKG. ARE LIMITED COMMON ELEMENTS APPURTENANT TO THE APARTMENT INDICATED.

COOK CONSULTANTS, INC.

engineers planners surveyors END north control expressway Coon.texas 79205-214/326 0120 job 80344-1 by J.S.

scale 1"= 20' date NOV. '81 chd W. T.

sht. of I !

EXHIBIT "D" MONTICELLO CROSSROADS Individual Approx.

Bldg.

Apt.

No.

Unit 응 Square Parking Job Type Interest Footage Space No.

BBBBCCCCCCCCCCCCCC 3 B 2a 1.59 1,106 B-3 2A 1 B 2b 1.58 1,171 B-1 2B 2 Bib 1.42 1,058 B-2 2C 4 B 1a 1.43 1,070 B-4 2D 1 B3 1.47 1,099 C-1 3A 2 B3 1.47 3 B3 1,47 4 B3 1.47 5 B3 1.47 6 A4s 1.27 7 Alls 1.27 8 A 3s

CCCCCCCC 3 B 2a 1.59 1,106 B-3 2A 1 B 2b 1.58 1,171 B-1 2B 2 Bib 1.42 1,058 B-2 2C 4 B 1a 1.43 1,070 B-4 2D 1 B3 1.47 1,099 C-1 3A 2 B3 1.47 3 B3 1,47 4 B3 1.47 5 B3 1.47 6 A4s 1.27 7 Alls 1.27 8 A 3s 1,12 9 A3s 1.12 10 A 4s 1.27 11 A 3s 1,12 12 A3s 1.12 13 A 4s 1.27 14 A4s 1.27 15 A3s 1.12 3 B 2a 1.59 1 B 2b 1.58 2 B 2b 1.58 D 4 B 2a 1.59 E 3 Bla 1.43 1 B1b EEFFFFF 2 Bib 4 Bla 1 B3 2 B3 3 B3 4 5 6 F 7 F 8 F 243 FFFFFFGGO HHHJ Unofficial Copy 1,099 C-2 3B 1,099 C-3 3C 1,099 C-4 3D 1,099 C-5 3E 952 952 837 837 3K 3L 3M 3N 3P C-15 3Q D-3 4A C-1 4B D-2 4C D-4 4D 5A E-1 5B E-2 5C 1,070 E-4 5D 1,099 F-1 6A 1,099 F-2 6B 1,099 F-3 6C 1,099 F-4 6D 1,099 F-5 6E 952 F-6 6F 952 F-7 6G 1.12 837 F-8 6H 1.12 837 F-9 6J 1.27 952 F-10 6K 1.12 837 F-11 6L 1.12 837 F-12 6M 1.27 952 F-13 6N A45 A 3s 1.27 952 F-14 6P 1.12 837 F-15 6Q B 1a 1.43 1,070 B-3 7A B 1b 1.42 1,058 B-1 7B B 1b 1.42 1,058 6-2 7C B 1a 1.43 1,070 B-4 7D B 2a 1.59 1,186 H-3 8A 1 B 2b 1.57 1,171 H-1 BB 2 B 2b 1.57 1,171 H-2 BC 14 B 2a 1.59 1,186 H-4 8D 3 B 1a 1,43 1,070 J-3 9A 1 B 1b 1.42 1,058 J-1 9B 2 B 16 1.42 1,058 J-2 9C 4 Bla 1.43 1,070 J-4 9D 3 B 2a 1.59 1,186 1-3 10A 1 B 2b 1.57 1,171 1-1 108 24 2 B 2b 1.57 1,171 1-2 10C B 2a 1.59 1,186 1-4 10D 952 837 837 E-3 81248 2743 MONTICELLO CROSSROADS (Cont.)

Individual Approx.

Bldg.

Apt No.

웅 Square Parking Job Type Interest Footage Space No.

K 5 B3 1.47 1,099 K-5 11A K 4 B3 1.47 1,099 K-4 11B K 3 B3 1.47 1,099 K-3 11C K 2 B3 1.47 1,099 K-2 110 K 1 B3 1.47 1,099 K-1 118 K 15 A3s 1.12 K 14 A 4s 1.27 K 13 A4s 1.27 K 12 A3s 1.12 K 11 A3s 1.12 K 10 A4s 1.27 K 9 A3s 1.12 K 8 A3s 1,12 K 7 A4s 1.27 K 6 A4s 1.27 100% Unofficial Copy 837 K-15 11F 952 K-14 11G 952 K-13 11H 837 11J 837 11K 952 837 11M 837 11N 952 11P 952 11Q -2101 81248 2749 LE Mendill 81 DEC 22 PM 2:56

2 K 8 A3s 1,12 K 7 A4s 1.27 K 6 A4s 1.27 100% Unofficial Copy 837 K-15 11F 952 K-14 11G 952 K-13 11H 837 11J 837 11K 952 837 11M 837 11N 952 11P 952 11Q -2101 81248 2749 LE Mendill 81 DEC 22 PM 2:56 Unofficial Copy 81210 2750 STATE OF VEXA COUNT OF DAETAS hereby cortly ffief this Instrument we led on the date and time stamped hereon by me and was duly recorded in the volume and page of the named raconds of Delten OHunty, Texas es stamped herann hy mida DEC 23 1981 LE Murdoch COUNTY CLERK, Dallas County, Tехав