Document

DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MONTICELLO PARK PRINCETON, COLLIN COUNTY, oy Return after recording Vision Community Managei 5757 Alpha Road, Syfte 688 Dallas, Texas 75246 O Title Page DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MONTICELLO PARK THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS: COUNTY OF COLLIN § This Declaration of Covenants, Conditions & Restrictions for Montice Declaration”) is made by Starlight Homes Texas L.L.C., a Delaware limited liabilx (“Declarant”), on the date signed below, with the joinder and consent of Arroyp-@a Delaware limited liability company (the “Property Owner’).

The Property Owner and Declarant collectively own ge Appendix A of this Declaration, together with the improvements tlteTeet Declarant and the Property Own ire provide for the preservation, 3 1 to protect the value, desirability, and attractiveness of the Property therei at of the development plan, Declarant and the Property Owner deem it advigable ociation to perform these functions and ransferred, sold, conveyed, leased, occupied, used, he terms, covenants, conditions, restrictions, and easements ARTICLE 1 DEFINITIONS The following words and phrases, whether or not capitalized, have specified meanings when used in the Documents, unless a different meaning is apparent from the context in which the word or phrase is used.

1.1. “Applicable Law” means the statutes and public laws and ordinances in effect at the time a provision of the Documents is applied, and pertaining to the subject matter of the Document provision. Statutes and ordinances specifically referenced in the Documents are Page | of 52

t at the time a provision of the Documents is applied, and pertaining to the subject matter of the Document provision. Statutes and ordinances specifically referenced in the Documents are Page | of 52 “Applicable Law” on the date of the Document, and are not intended to apply to the Property if they cease to be applicable by operation of law, or if they are replaced or superseded by one or more other statutes or ordinances.

1.2. “Architectural Reviewer” means the entity having jurisdiction over a particular application for architectural approval. During the Development Period, the Architectural Reviewer is Declarant, Declarant’s designee, or Declarant’s delegates. Thereafter, the Board or, if applicable, the Board-appointed architectural control committee (“ACC”) is th€%(rchitectural Reviewer. The term ACC and Architectural Reviewer may be used interchangeably Wthin this Declaration notwithstanding, the term shall carry with it the jurisdiction and all authd in this Declaration regardless of the manner in which the term is presented.

1.3. “Area(s) of Common Responsibility” means that pg ion orgth Property and those components of the Lots for which thegA3 responsibilities, as described with more particularity in Article 5 oY 1.4. “Assessment” means any charge levied against g Assessments, Special Assessments, Insurance Deficiency Assessments, as defined in Article 94 1.7. aws of the Association, which have been adopted by the pendix E attached hereto.

herein, in no tveht shall the Common Area include any portion of the Property to be maintained by the City, if applicable.

1.10. “Declarant” means STARLIGHT HOMES TEXAS L.L.C., a Delaware limited liability company, which is developing the Property, or any party which acquires any portion of

ned by the City, if applicable.

1.10. “Declarant” means STARLIGHT HOMES TEXAS L.L.C., a Delaware limited liability company, which is developing the Property, or any party which acquires any portion of the Property for the purpose of development and which is designated a successor Declarant in accordance with Appendix B, Section B.6 hereof, or by any such successor and assign, in a recorded document.

Page 2 of 52 1.11. “Declarant Control Period” means that period of time during which Declarant controls the operation and management of the Association, pursuant to Appendix B of this Declaration.

1.12. “Declaration” means this document, as it may be amended, modified and/or supplemented from time to time. In the event this Declaration contains a provision which is contrary to an applicable mandatory provision of the Texas Property Code, the Texas Property Code provision controls.

1.13. “Development Period” means a period commencing on the date of re this Declaration in the County real property records, and ending on the date that ig the records a written notice of termination of the Development Periogin the records, and during which Declarant has certain rights pursua Development Period is for a term of years and does not require that"Dg Owner owns any portion of the Property, which conditioned, delayed, or denied.

1.14. “Documents” means, singl “Cty the cas@ May be, this Declaration, the e of Formation and the Rules of the Association, as any of these may mar mm time/to time. An appendix, exhibit, schedule, or certification accompanying 2 Doct as a Part of that Document. All Documents Association so long as they aré df ded in the minutes of the meeting of the Board of Directors and shall not be requiked te

certification accompanying 2 Doct as a Part of that Document. All Documents Association so long as they aré df ded in the minutes of the meeting of the Board of Directors and shall not be requiked te and in connection with the Lot. The Lots within the Subdivision shall include Lots with a minimum lot width of forty feet (40’) (the “40’ Lot(s)”) and Lots with a minimum lot width of fifty feet (50’) (the “50’ Lot(s)’). Declarant anticipates the Subdivision to be developed to include approximately 274 Lots.

Page 3 of 52 1.16. “Majority” means more than half. A reference to “a Majority of Owners” in any Document or Applicable Law means “Owners of at least a Majority of the Lots,” unless a different meaning is specified.

1.17. “Member” means a member of the Association, each Member being an Owner of a Lot, unless the context indicates that member means a member of the Board or a member of a committee of the Association. In the context of votes and decision-making, each Lot has only one membership, although it may be shared by co-owners of a Lot.

1.18, “Owner” means a holder of recorded fee simple title to a Lot. The Prdp Te"Property in accordance with to its rights under Appendix B 1,20, eof to this Declaration and all improvements easements, rights, and appurtenk nd. The Property is a Subdivision known as the “Monticello Park ”. The Property land described in Appendix A to this Declaration, ety subject to this Declaration by supplemental declaration Appendix B.

és” means rules and regulations of the Association adopted in accordance with the Documen S*or Applicable Law. The initial Rules may be adopted by Declarant with the prior written approval of the Property Owner for as long as the Property Owner owns any portion of the

ance with the Documen S*or Applicable Law. The initial Rules may be adopted by Declarant with the prior written approval of the Property Owner for as long as the Property Owner owns any portion of the Property (which approval shall not be unreasonably withheld, conditioned, delayed, or denied) for the benefit of the Association and Declarant may, from time to time, amend rules and regulations as it is deemed necessary, with the prior written approval of the Property Owner for as long as the Property Owner owns any portion of the Property (which approval shall not be unreasonably withheld, conditioned, delayed, or denied). Thereafter, the Board of Directors shall have the right Page 4 of 52 to adopt, amend, or rescind rules and regulations by way of resolution of the Board upon a majority vote of the Board..

ARTICLE 2 PROPERTY SUBJECT TO DOCUMENTS 2.1. PROPERTY. The real property described in Appendix A is held, transferred, sold, conveyed, leased, occupied, used, insured, and encumbered subject to the tergf. covenants, conditions, restrictions, liens, and easements of this Declaration, includt eclarant’s representations and reservations in the attached Appendix B, which run with the Pro De all parties having or acquiring any right, title, or interest in the Property, their and assigns, and inure to the benefit of each Owner of the Property.

2.2, CITY ORDINANCES. The City may have o rea developments. No amendment of the Documents or any act or détigs violate the requirements of any City ordinance. Should this Deck Q ordinance, the City ordinance shall prevail notwithstanding, if there Seclaration i iS The Association on June 24, 2019, and any amendment thé , Ace from time to time (collectively, the “Zoning Ordinance”).

made available to O Declaration.

vail notwithstanding, if there Seclaration i iS The Association on June 24, 2019, and any amendment thé , Ace from time to time (collectively, the “Zoning Ordinance”).

made available to O Declaration.

does not haye express responsibility.

2.6. STREETS WITHIN PROPERTY. Because streets and cul-de-sacs within the Property (hereafter “Streets”) are capable of being converted from publicly dedicated to privately owned, and vice versa, this Section addresses both conditions. If the Property has privately owned Streets, the Streets are part of the Common Area which is governed by the Association. Streets dedicated for public use are part of the Common Area only to the extent they are not maintained or regulated by the City or Collin County, Texas. In no event shall streets that are maintained by Page 5 of 52 the City be included in the Common Areas or Area of Common Responsibility. To the extent not prohibited by public law, the Association, acting through the Board, is specifically authorized to adopt, amend, repeal, and enforce Rules for use of the Streets - whether public or private including but not limited to: a. Identification of vehicles used by Owners and Residents and their guests.

b. Designation of speed limits and parking or no-parktyg Ge Limitations or prohibitions on curbside parking.

d. Removal or prohibition of vehicles that violatgappltgableQule gh Fines for violations of applicable R ARTICLE 3 PROPERTY EASEMENTS AND RIGH? | 3.1. GENERAL. In addition to ot é > Documents, the Property is subject to the easepien s established by the d n this Article. No use agencies having jurisdictional control over the Property, specifically includipehut nvg lint , applicable Zoning Ordinance(s) placed upon the Property, as they exist dllectively “Governmental Requirements’).

s having jurisdictional control over the Property, specifically includipehut nvg lint , applicable Zoning Ordinance(s) placed upon the Property, as they exist dllectively “Governmental Requirements’).

IN SOME INSTANCES UNDER THE GOVERNMENTAL WOULD RESULT IN A VIOLATION OF MANDATORY RANMBENTAL REQUIREMENTS, IN WHICH EVENT THOSE QUIREMENTS SHALL APPLY. COMPLIANCE WITH GOVERNM AL REQUIREMENT DOES NOT CLEARLY CONFLICT WITH THE PROVISIONS OF THIS DECLARATION BUT PERMITS ACTION THAT IS DIFFERENT FROM THAT REQUIRED BY THIS DECLARATION, THE PROVISIONS THIS DECLARATION (IN ORDER OF PRIORITY) SHALL PREVAIL AND CONTROL. The Page 6 of 52 Property and all Lots therein shall be developed in accordance with this Declaration, as this Declaration may be amended or modified from time to time as herein provided.

3.2. OWNER’S EASEMENT OF ENJOYMENT. Every Owner is granted a right and easement of enjoyment over the Common Areas and to use of improvements therein, subject to other rights and easements contained in the Documents. An Owner who does not occupy a Lot delegates this right of enjoyment to the Residents of his Lot. Notwithstanding the foregoing, if a portion of the Common Area, such as a recreational area, is designed for prf¥gte use, the Common Responsibility for the maintenance or reconstruction Lots with common boundary lines; or otherwise, over all ition & other improvements on such Owner’s Lot, provided exercise of the"eg adjoining Owner, who may not unreasonably with Lot, Residence, Area(s) of Common Responsibiff a reasonable period of time.

3.4. QWNER’S INGRESS/EGR 3.5. ASEMENT. Each Owner, by accepting an interest in or title to a Lot, whether or nd gssed in the instrument of conveyance, grants to the Association an easeme ptry over, across, under, and through the Property,

Each Owner, by accepting an interest in or title to a Lot, whether or nd gssed in the instrument of conveyance, grants to the Association an easeme ptry over, across, under, and through the Property, including without li ‘ Areas and the Owner’s Lot and all improvements thereon - including i Q or the below-described purposes.

A OSES.

Jeces b. To perform maintenance that is permitted or required of the Association by the Documents or by Applicable Law.

C, To perform maintenance that is permitted or required of the Owner by the Documents or by Applicable Law, if the Owner fails or refuses to perform such maintenance.

d. To enforce architectural standards.

Page 7 of 52 e. To enforce use restrictions.

f. The exercise of self-help remedies permitted by the Documents or by Applicable Law.

g. To enforce any other provision of the Documents.

h. To respond to emergencies.

i. To grant easements to utility providers as may b install, maintain, and inspect utilities serving any portion of the Property.

are deemed to be emergencies that may which entry for such emergencies may 3.6. UTILITY EASEMENT.

easements over Common Areas for j Aerty Yor ingress, egress, meter reading, installation, lines and equipment, and to do anything else fOr notice to the Board. Utilities may include, but are oval, electricity, gas, telephone, master or cable television, and Residen owledges and accepts his sole responsibility to provide security for his own person and property, and assumes all risks for loss or damage to same. Each Owner and Resident further acknowledges that Declarant, the Association, and their respective directors, officers, committees, agents, and employees have made no representations or warranties, nor has the Owner

Resident further acknowledges that Declarant, the Association, and their respective directors, officers, committees, agents, and employees have made no representations or warranties, nor has the Owner or Resident relied on any representation or warranty, express or implied, including any warranty of merchantability or fitness for any particular purpose, relative to any fire, burglar, and/or intrusion systems recommended or installed, or any security measures undertaken within the Property. Each Owner and Resident acknowledges and agrees that Declarant, the Association, and Page 8 of 52 their respective directors, officers, committees, agents, and employees may not be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. The provisions of this Section 3.7 may not be modified or amended without the express written consent of Declarant.

3.8. RISK. Each Owner, Owners’ immediate family, guests, agents, permittees, licensees and Residents shall use all Common Areas at his/her own risk. All Common Areas are unattended and unsupervised. Each Owner, Owners’ immediate family, 4t¢sts, agents, permittees, licensees and Residents is solely responsible for his/her own safet assumes all risk of loss in connection with the use of Common Areas and related a improvements within the Subdivision. Neither the Association nor the Dele Owner or their family members or guests, or to any other persoy or enfity, arfsing dyt 0 in connection with the use, in any manner whatsoever, a } improvements comprising a part thereof from time to time, an On fon fails or refuses to perform the yg the City’s written demand, the City sociation after giving written notice of burse the City’s cost of maintaining the ARTICLE 4

thereof from time to time, an On fon fails or refuses to perform the yg the City’s written demand, the City sociation after giving written notice of burse the City’s cost of maintaining the ARTICLE 4 COMMON AREA NSHIP. The designation of any portion of the Property as a Common Area at and this Declaration, and not by the ownership of such portion of the gation contemplates that the Association will eventually hold title to every Common Mea facility, structure, improvement, system, or other property that are capable of independent ownership by the Association. The Declarant may install, construct, or authorize certain improvements on Common Areas in connection with the initial development of the Property, and the cost thereof is not a Common Expense (as defined in Section 9.1 hereof) of the Association. The Common Area shall be maintained by the Association following completion of initial improvements thereon by Declarant, whether or not title to such Common Area is conveyed to the Association. All costs attributable to Common Areas, including maintenance, property taxes, insurance, and enhancements, are automatically and perpetually the responsibility of the Page 9 of 52 Association, regardless of the nature of title to the Common Areas, unless this Declaration elsewhere provides for a different allocation for a specific Common Area. Declarant shall have no responsibility for maintenance, repair, replacement, or improvement of the Common Area or any improvements thereon after initial construction.

4.2, ACCEPTANCE. By accepting an interest in or title to a Lot, each Owner is deemed (1) to accept the Common Area of the Property, and any improvement thereon, in its then-existing “as 1s” condition; (2) to acknowledge the authority of the Association, acting threft

h Owner is deemed (1) to accept the Common Area of the Property, and any improvement thereon, in its then-existing “as 1s” condition; (2) to acknowledge the authority of the Association, acting threft for all decisions pertaining to the Common Area; (3) to acknowledge that transf& Area’s title to the Association by or through the Declarant is a ministerial task that do& equire acceptance by the Association; and (4) to acknowledge the continuity of majiaée 4.3. COMPONENTS. The Common Area of the Prop conbist 6 components on or adjacent to the Property, even if located on a Lot*op Pybliic fig a. All of the Property, save and exeef Property owned and maintained by the City.

b. Open space and/o C. Tie fp eatrances to the Property, including (if any) the signage, landscaping, electrical aad We stgllations, planter boxes and fencing related to the entrance.

Screening walls, fences, live screening, berms, or detention Landscaping on any Street within or adjacent to the Property, to the gf maintained by the City.

g. Cluster mailboxes and pad sites therefor, provided that in the event that any damage, replacement or repair of cluster mailboxes or pad sites on which such cluster mailboxes are situated is required, such maintenance, repair and/or replacements shall be performed by the Association, and the cost and/or expense incurred by the Association therefor shall be charged on a pro rata basis as an Individual Assessment to the Owners that have mailbox units in such cluster mailbox or pad site being maintained, repaired and/or replaced.

Page 10 of 52 h. The surface drainage and detention improvements, including, without limitation, landscaping, located within the drainage and/or detention easements shown on the Plat.

and/or replaced.

Page 10 of 52 h. The surface drainage and detention improvements, including, without limitation, landscaping, located within the drainage and/or detention easements shown on the Plat.

i. Any property adjacent to the Subdivision, if the maintenance of same is deemed to be in the best interests of the Association and if not prohibited by the Owner or operator of said property.

i Any modification, replacement, or addition to an) ge abovedescribed areas and improvements.

k. Personal property owned by the Association, records, office equipment, and supplies.

té performance of Area and/or Area of fs, that may be located ot(s). The encroachment Area of Common Responsibility Residence.

5.1. LOTS. ( tetheghata Lots, the boundaries of which are shown on the Plat, and which may ng On al inspection of the Property. Portions of the Lots are designated ba thi d4ratiotNo b& Area(s) of Common Responsibility, and are burdened with easement Ac Use wtf the Association, Owners, and Residents. Although the SIDENCES. Each Lot is to be improved with a Residence. The Owner of a Lot owns every component of the Lot and Residence, including all the structural components and exterior features of the Residence and is responsible for the maintenance of the Residence and Lot, except for the Area(s) of Common Responsibility set forth in this Declaration.

5.3. AREA OF COMMON RESPONSIBILITY. Area(s) of Common Responsibility may be designated by the Association in accordance with Section 13.3 hereof. As of the initial Page 11 of 52 filing of this Declaration, there are no components of the Lots or Residences designated as Areas of Common Responsibility.

5.4. ALLOCATION OF INTERESTS. The interests allocated to each Lot are

of 52 filing of this Declaration, there are no components of the Lots or Residences designated as Areas of Common Responsibility.

5.4. ALLOCATION OF INTERESTS. The interests allocated to each Lot are calculated by the following formulas.

5.4.1. Common Expense Liabilities. The percentage or share of liability for Common Expenses allocated to each Lot is uniform for all Lots, regardless of the location of the Lot or Residence.

5.4.2. Votes. The one vote appurtenant to each Lot is unifor equally with the vote for every other Lot, regardless of any other allocation appa ARTICLE 6 ARCHITECTURAL COVENANTS AND 6.1. PURPOSE. Because the Lots are part of a replacements or modifications of origitts provide for the adoption of the Archyte the review and approval of the dgSign Saye RAL CONTROL DURING THE DEVELOPMENT PERIOD.

g ati, neither the Association, the Board of directors, nor a committee Residencedato be cof structed on vacant Lots is the Declarant or its delegates.

6.2.1. Declarant’s Rights Reserved. Each Owner, by accepting an interest in or title to a Lot, whether or not it is so expressed in the instrument of conveyance, covenants and agrees that Declarant has a substantial interest in ensuring that the improvements within the Property enhance Declarant’s reputation as a community developer and do not impair or adversely affect Declarant’s ability to market its property or the ability of Builders (as defined in Appendix B) to sell Residences in the Property. Accordingly, each Owner agrees that - during the Page 12 of 52 Development Period - no improvements will be started or progressed on any Owner’s Lot without the prior written approval of Declarant, which approval may be granted or withheld at Declarant’s

12 of 52 Development Period - no improvements will be started or progressed on any Owner’s Lot without the prior written approval of Declarant, which approval may be granted or withheld at Declarant’s sole discretion. In reviewing and acting on an application for approval, Declarant may act solely in its self-interest and owes no duty to any other person or any organization. Declarant may designate one or more persons from time to time to act on its behalf in reviewing and responding to applications.

6.2.2. Delegation by Declarant. During the Development Period ADe who may or may not be Members of the Association. Any such delegation my must specify the scope of delegated responsibilities. Any such delegation isfat é the unilateral rights of Declarant (1) to revoke such delegatiea % jt jurisdiction over the matters previously delegated, and (2) to veto any, 6.2.3. Limits on Declarant’s Liability. The The Declarant, and any delegate, officer, me exercising Declarant’s rights under this Articlg no event shall be responsible for: (1) ergexs 4 submitted, (2) supervising constructio specifications, or (3) the compliance of modified or amended during t Declarant.

EXCEPT AS OTHERW ESSLY PERMITTED HEREIN, WITHOUT PRIOR A TECTURAL REVIEWER. PLAN APPROVAL _IS gf approved in writing. Furthermore, no Residence or other onstructed on any Lot within the Property until plans therefore have been he ACC or the Declarant as provided in this Article 6; provided that the set forth in‘sa aration and the design guidelines established thereby.

6.3. ARCHITECTURAL CONTROL BY ASSOCIATION. Unless and until such time as Declarant delegates all or a portion of its reserved rights to the ACC, or the Development Period

idelines established thereby.

6.3. ARCHITECTURAL CONTROL BY ASSOCIATION. Unless and until such time as Declarant delegates all or a portion of its reserved rights to the ACC, or the Development Period is terminated or expires, the Association has no jurisdiction over architectural matters. On termination or expiration of the Development Period, or earlier if delegated in writing by Declarant, the Association, acting through the ACC or its Board, if the Association has not yet Page 13 of 52 established an ACC, will assume jurisdiction over architectural control and be the “Architectural Reviewer” for purposes hereunder.

6.3.1. ACC. The ACC will consist of at least 3 but not more than 5 persons appointed by the Board, pursuant to the Bylaws. Members of the ACC serve at the pleasure of the Board and may be removed and replaced at the Board’s discretion. At the Board’s option, the Board may act as the ACC, in which case all references in the Documents to the ACC are construed to mean the Board Members of the ACC need not be Owners or Residents, and maf*gut need not include architects, engineers, and design professionals whose compensation, established from time to time by the Board.

6.3.2. Limits on Liability. The ACC has sole discretion vg design, and all standards specified by this Article. The members o the ACC’s decisions made in good faith, and which are not arbi not responsible for: (1) errors in or omissions from the plans and ACC, (2) supervising construction for the Owner’s compliance oProperty. The review of plans pursuant approval procedures set forth in guidelines, ww Ordinance or otherwise established by the plans pursuant hereto.

f° The Architectural Reviewer will retain the other set of ‘sian and

of plans pursuant approval procedures set forth in guidelines, ww Ordinance or otherwise established by the plans pursuant hereto.

f° The Architectural Reviewer will retain the other set of ‘sian and specification gether with the application, for the Association’s files.

6.5.1. No Verbal Approval. Verbal approval by an Architectural Reviewer, the Declarant, an Association director or officer, a member of the ACC, or the Association’s manager does not constitute architectural approval by the appropriate Architectural Reviewer, which must be in writing.

Page 14 of 52 6.5.2. NoDeemed Approval. The failure of the Architectural Reviewer to respond to an application submitted by an Owner may NOT be construed as approval of the application.

Under no circumstance may approval of the Architectural Reviewer be deemed, implied, or presumed.

6.5.3. No Approval Required. Approval is not required for an Owner to remodel or repaint the interior of a Residence.

Alternatively, governmental approval does not ensure ee | Er 2 6.5.5. Neighbor Input. The Architectural Review application, including from Owners or Residents of Residences th proposed change, or from which the proposed change may, er to solicit Javailable to the 4 La cterteyh de phopery is subject to the restrictions contained in this Ceptéd=perSuant to this Article. The Board or the Architectural by-case b effective, a va must beh writing. The grant of a variance does not affect a waiver or estoppel Without éCtural Reviewer’s prior written approval, a person may not commence or continue any™ construction, alteration, addition, improvement, installation, modification, redecoration, or reconstruction of or to the Property, or do anything that affects the appearance,

ommence or continue any™ construction, alteration, addition, improvement, installation, modification, redecoration, or reconstruction of or to the Property, or do anything that affects the appearance, use, or structural integrity of the Property. The Architectural Reviewer has the right but not the duty to evaluate every aspect of construction and property use that may adversely affect the general value or appearance of the Property.

7.3. LIMITS TO RIGHTS. No right granted to an Owner by this Article or by any provision of the Documents is absolute. The Documents grant rights with the expectation that the Page 15 of 52 rights will be exercised in ways, places, and times that are customary for the Subdivision. This Article and the Documents as a whole do not try to anticipate and address every creative interpretation of the restrictions. The rights granted by this Article and the Documents are at all times subject to the Board’s determination that a particular interpretation and exercise of a right is significantly inappropriate, unattractive, or otherwise unsuitable for the Subdivision, and thus constitutes a violation of the Documents. In other words, the exercise of a right or restriction must comply with the spirit of the restriction as well as with the letter of the restriction.

7.4. ASSOCIATION’S RIGHT TO PROMULGATE RULES. The AsSqciathgn, acting through its Board, is granted the right to adopt, amend, repeal, and enforce reasonable Rut penalties for infractions thereof, regarding the occupancy, use, dispositigp a.

b.

Property.

es The use frovided through the Association.

d. The cons aes bi o the Association.

& The use, ff mMpearance of exteriors of Residences and Lots. The exterior of R: et be individualized.

f. Lg g the responsibility of ensufi their lawn.

sociation.

d. The cons aes bi o the Association.

& The use, ff mMpearance of exteriors of Residences and Lots. The exterior of R: et be individualized.

f. Lg g the responsibility of ensufi their lawn.

maintenance of yards. Owners are charged with ient watering is done to promote healthy growth of J. Disposition of trash and control of vermin, termites, and pests.

k. Anything that interferes with maintenance of the Property, safety of the Owners, tenants, or guests, operation of the Association, administration of the Documents, or the quality of life for Residents.

Page 16 of 52 7.5. ANIMALS. DOMESTIC ANIMALS ONLY. No wild animal, animal, bird, fish, reptile, poultry, swine, or insect of any kind may be kept, maintained, raised, or bred anywhere on the Property for a pet, commercial purpose or for food. Customary domesticated household pets may be kept subject to the Rules. The Board may adopt, amend, and repeal Rules regulating the types, sizes, numbers, locations, and behavior of animals at the Property. The Board may require or effect the removal of any animal determined to be in violation of this Section or the Rules.

Unless the Rules provide otherwise: 7.5.1. Disturbance. Pets must be kept in a manner that does‘ peaceful enjoyment of Residents of other Lots. No pet may be permitted to bark, screech, or make other loud noises for extended or repeated periods of time. Oywae Casturb the annoyance and may upon written notice require the immediate re Owner fail to be able to bring the animal into compliance with this BecMagati es and regulations promulgated hereunder.

the Residence. The Board is the sole arbiter of what constitutes a ons or ¢ 7.5.2. Indoors/Outdoors. A permitted pe aintg Residence, and may not be kept on a patio or in i owed on the Common

ereunder.

the Residence. The Board is the sole arbiter of what constitutes a ons or ¢ 7.5.2. Indoors/Outdoors. A permitted pe aintg Residence, and may not be kept on a patio or in i owed on the Common Area unless carried or leashed.

7.5.3. Pooper Scooper. efor the removal of his pet’s wastes from the Property. Unless the a Resident must prevent his pet from relieving itself on the Common Area} pfon Responsibility, or the Lot of another Owner. The Association may ley 400 per occurrence for any Owner who 7.5.4. Liability. is reSpe@nsible for any property damage, injury, or disturbance caused or inflicted by § tal Kept on the Lot. The Owner of a Lot on which an Owners and Residents, Or liability resulting from any action of the animal or arising by reason of keeps ot or Common Area may be used in any way that: (1) may gying to neighbors; (2) may be calculated to reduce the desirability 7.7. APPEARANCE. Both the Lot and the Residence must be maintained in a manner so as not to be unsightly when viewed from the Street or neighboring Lots or Common Areas. The Architectural Reviewer is the arbitrator of acceptable appearance standards.

7.8. ACCESSORY STRUCTURES AND SHEDS. Accessory structures and sheds such as dog houses, gazebos, metal storage sheds, playhouses, play sets and greenhouses - are not allowed to be located on any Lot in a manner where such structures and/or sheds are visible from Page 17 of 52 any adjacent Lot, the Street or any Common Area without the prior written approval of the Architectural Reviewer.

7.9. BARBECUE; FIRE PIT. Exterior fires are prohibited on the Property unless contained in commercial standard grilling or fire pit device or approved in writing by the Board.

7.10. COLOR CHANGES. The colors of a Residence, fences, exterior decorative items,

the Property unless contained in commercial standard grilling or fire pit device or approved in writing by the Board.

7.10. COLOR CHANGES. The colors of a Residence, fences, exterior decorative items, and all other improvements on a Lot that are visible from the Street, a Common Af%g, or another Lot or Residence, are subject to regulation and approval by an Architectural Re Because the relative merits of any color are subjective matters of taste and preference, the Reviewer determines the colors that are acceptable to the Association. A Residen the prior written approval of the Architectural Reviewer.

¥ 7.11. YARDS. This Section applies to a Lot’s yard t Areas, adjacent Lots or any Street, and not part of the Area(s) of Cox Owner will maintain his yard in a neat and attractive manner thata i Mal Reviewer. No basketball Sa permanent structure without synthetic turf is continually maintained such Lot in poi neat and orderly condition and repair. Periodic tyifimiits, o and shrubs as well as the installation of Association. The kind of annhalfor pergnnjal flowers shall be determined by the Board of Directors who may rely_o ecommendath ons of the landscaper contracted to maintain Common Areas and apy Ares)of Compfon Responsibility within the Subdivision.

ee NLEGES. In connection with the development and marketing Nhas reseed a number of rights and privileges to use the Property in fa other Owners and Residents, as provided in Appendix B of this tise of a Development Period right that appears to violate a Rule or Article does not constitute waiver or abandonment of the restriction by the 7.13. DECORATION. Residents are prohibited from individualizing and decorating the

d right that appears to violate a Rule or Article does not constitute waiver or abandonment of the restriction by the 7.13. DECORATION. Residents are prohibited from individualizing and decorating the exteriors of their Residence. What is appealing and attractive to one person, may be objectionable to another. For that reason, the Association prohibits exterior “decorations” by Owners without the prior written approval of the Architectural Reviewer. Examples of exterior decorations are windsocks, potted plants, and benches, name signs on tiles, hanging baskets, bird feeders, awnings, window sill birdfeeders, yard gnomes, and clay frogs.

Page 18 of 52 7.14. DRAINAGE. No person may interfere with the established drainage pattern over any part of the Property unless an adequate alternative provision for proper drainage has been approved by the Board.

7.15. DRIVEWAYS. The driveway portion of a Lot may not be used for any purpose that interferes with its ongoing use as a route of vehicular access to the garage. Driveways shall be at least twelve feet (12’) in width. To the greatest extent possible, driveways shall be placed on the lot line farthest from the subdivision entry except where prohibited by grading when not in use. Basketball goals, if approved by written Reviewer, must be removed when not in use and may be store fenced yard of the Lot, if applicable.

7.16. FIRE SAFETY. No person may use, misuse, modify the fire and safety equipment of the Property, includi in and above the ceilings of the Residence, or interfpfSwith th by persons authorized by the Association or by p 1 shall be of a design and appearance in Applicable Laws, and may not be encloge times except when a vehicle is entering de permitted to encroach the front buikdifig th

ized by the Association or by p 1 shall be of a design and appearance in Applicable Laws, and may not be encloge times except when a vehicle is entering de permitted to encroach the front buikdifig th of Common Responsibility, without the Board’s prior written ¥ allowed to be installed upon a Lot with the prior written approval Owner’s Lot.~Whether or not it is so stated in a lease, every lease is subject to the Documents and all Governmental Requirements. An Owner 1s responsible for providing his tenant with copies of the Documents and notifying him of changes thereto. Failure by the tenant or his invitees to comply with the Documents, federal or state law, or local ordinance or other Governmental Requirements is deemed to be a default under the lease. When the Association notifies an Owner of his tenant’s violation, the Owner will promptly obtain his tenant’s compliance or exercise his rights as a landlord for tenant’s breach of lease. If the tenant’s violation continues or is repeated, Page 19 of 52 and if the Owner is unable, unwilling, or unavailable to obtain his tenant’s compliance, then the Association has the power and right to pursue the remedies of a landlord under the lease or state law for the default, including eviction of the tenant. The Owner of a leased Lot is liable to the Association for any expenses incurred by the Association in connection with enforcement of the Documents and/or any Governmental Requirements against his tenant. The Association is not liable to the Owner for any damages, including lost rents, suffered by the Owner in relation to the Association’s enforcement of the Documents against the Owner’s tenant.

7.21. NOISE & ODOR. A Resident must exercise reasonable care to ayoid Waking or

t rents, suffered by the Owner in relation to the Association’s enforcement of the Documents against the Owner’s tenant.

7.21. NOISE & ODOR. A Resident must exercise reasonable care to ayoid Waking or permitting to be made loud, disturbing, or objectionable noises or noxious odors that disturb or annoy Residents of neighboring Residences. The Rules may lim] prohibit noise-producing activities and items in the Residences and on the Area(s) of Common Responsibility.

7.22. OCCUPANCY - NUMBERS.

occupancy of Residences. If the Rules fail to establish occupancy sf 7.23, o€cupy a Residence if the person persons, or if the person’s occupancy would result in substantial physical dama WW of others. This Section does not and may not be construed to create a dtity ation or a selling Owner to investigate or dénces. By owning or occupying a Residence, is subject to local, state, and federal fair housing may not be used to discriminate against classes or tel by this Declaration. This residential restriction does not, om using a Residence for personal business or professional pursuits 7.25. SIGNS. No signs, including signs advertising the Residences for sale or lease, or unsightly objects may be erected, placed, or permitted to remain on the Property or to be visible from windows in the Residence without either (i) written authorization of the Board, or (ii) with respect to certain signage, strict compliance with the Design Guidelines applicable to such signage.

If the Board authorizes signs, the Board’s authorization may specify the location, nature, dimensions, number, and time period of any advertising sign. As used in this Section, “sign” Page 20 of 52 includes, without limitation, lettering, images, symbols, pictures, shapes, lights, banners, and any

ons, number, and time period of any advertising sign. As used in this Section, “sign” Page 20 of 52 includes, without limitation, lettering, images, symbols, pictures, shapes, lights, banners, and any other representation or medium that conveys a message. The Association may affect the immediate removal of any sign or object that violates this Section or which the Board deems inconsistent with neighborhood standards without liability for trespass or any other liability connected with the removal. Notwithstanding the foregoing, if public law - such as Texas Property Code Section 202.009 and local ordinances - grants an Owner the right to place political signs on the Owner’s Lot, the Association may not prohibit an Owner’s exercise of such right. The Association may adopt and enforce Rules regulating every aspect of political sighS\on Owners’ Lots to the extent not prohibited or protected by public law. Unless the Rules or pub otherwise (1) a political sign may not be displayed more than 90 days before or 10 & election to which the sign relates; (2) a political sign must be ground-mounted; not display more than one political sign for each candidate or ballot item; ang anything to be done that may unreasonabl electronic, microwave, cable, or satellitexré another Lot are prohibited within the dishes designed to receive television brog@ bfoadcast satellite service (DBS), or (3) pin diameter or diagonal measurement and . RASH. Each Resident will endeavor to keep the Property clean and will dispose of all refuse i in receptacles designated specifically by the Association or by the City for that purpose. Trash must be placed entirely within the designated receptacle. No trash may be left outside a designated container. The Board may adopt, amend, and repeal Rules regulating the

City for that purpose. Trash must be placed entirely within the designated receptacle. No trash may be left outside a designated container. The Board may adopt, amend, and repeal Rules regulating the disposal and removal of trash from the Property. If the Rules fail to establish hours for curbside trash containers, the container may be in the designated area from dusk on the evening before trash pick-up day until dusk on the day of trash pick-up. At all other times, trash containers must be kept inside the garage and may not be visible from a Street or another Residence. Bulk trash Page 21 of 52 may not be stored or left out for more than forty-eight (48) hours prior to bulk trash pick-up.

The Association shall diligently pursue any violations and exercise self-help to initiate clean-up when necessary and shall bill back the costs to the Owner’s account.

7.29. VARIATIONS. Nothing in this Declaration may be construed to prevent the Architectural Reviewer from (1) establishing standards for one Residence, type of Residence, or phase in the Property that are different from the standards for other Residences or phases, or (2) approving a system of controlled individualization of Residence’ s(s’) exteriors.

7.30. VEHICLES. All vehicles on the Property, whether owned or ope Residents or their families and guests, are subject to this Section and Rules adop The Board may adopt, amend, and repeal Rules regulating the types, sizes, uses, appearances, and locations of vehicles on the Property. The Roard of any vehicle in violation of this Section or the Rules without lia the vehicle.

edrd approval, the following - may not be kept, parked, or Streets, driveways, and visitor er determines to be inappropriate, unattractive, or inconsistent with the

the Rules without lia the vehicle.

edrd approval, the following - may not be kept, parked, or Streets, driveways, and visitor er determines to be inappropriate, unattractive, or inconsistent with the dards. The Architectural Reviewer may prohibit the use of certain colors treatments. If the Rules fail to establish a different standard, all window NOTE: BEFORE YOU BUY THOSE WINDOW COVERINGS, GET ARCHITECTURAL APPROVAL.

7.32, FLAGS. Each Owner and Resident of the Subdivision has a right to fly the flag on his Lot. The United States flag (“Old Glory”) and/or the Texas state flag (“Lone Star Flag’), and/or an official or replica flag of any branch of the United States armed forces, may be displayed Page 22 of 52 in arespectful manner on each Lot, subject to reasonable standards adopted by the Association for the height, size, illumination, location, and number of flagpoles, all in compliance with Section 202.012 of the Texas Property Code. All flag displays must comply with public flag laws. No other types of flags, pennants, banners, kites, or similar types of displays are permitted on a Lot if the display is visible from a Street or Common Area. Unless the Rules provide otherwise, a flag must be wall-mounted to the first floor facade of the residence, and no in-ground flag pole is permitted on a Lot.

ARTICLE 8 ASSOCIATION AND MEMBERSHIP RIGHTS 8.1. ASSOCIATION. By acquiring an ownership interest in automatically and mandatorily a Member of the Association.

8.2. BOARD. Unless the Documents expressly reserve the Owners, Declarant, or another party, the Board acts in all 1 Association. Unless the context indicates otherwise, referg J “Association” may be construed to mean “the Association ac long as the Declaration js lapses from time to tj

arty, the Board acts in all 1 Association. Unless the context indicates otherwise, referg J “Association” may be construed to mean “the Association ac long as the Declaration js lapses from time to tj CER KE. The Association will be governed by a Board of directors elected \Unlkgs the pSsociation’s Bylaws or Certificate of Formation provide otherwise, a spesjal nteeti or that purpose. The Association will be administered in accordance with the Bylaws. : e Documents provide otherwise, any action requiring approval of the of Owners, by at least a Majority of the votes of Owners that are present at such meeting (subject to quorum requirements being met).

8.5. MEMBERSHIP. Each Owner and all successive Owners are mandatory Members of the Association, ownership of a Lot being the sole qualification for membership. Membership iS appurtenant to and may not be separated from ownership of the Lot. The Board may require satisfactory evidence of transfer of ownership before a purported Owner is entitled to vote at Page 23 of 52 meetings of the Association. If a Lot is owned by more than one person or entity, the co-owners shall combine their vote in such a way as they see fit, but there shall be no fractional votes and no more than one (1) vote with respect to any Lot. A Member who sells his Lot under a contract for deed may delegate his membership rights to the contract purchaser, provided a written assignment is delivered to the Board. However, the contract seller remains liable for all Assessments attributable to his Lot until fee title to the Lot is transferred.

permitted in Appendix B. Cumulative voting is not allowed. Vote according to the requirements of the Association’s Bylaws. wn 8.7. VOTING BY CO-OWNERS. The one vote appurtenan

the Lot is transferred.

permitted in Appendix B. Cumulative voting is not allowed. Vote according to the requirements of the Association’s Bylaws. wn 8.7. VOTING BY CO-OWNERS. The one vote appurtenan If only one of the multiple co-owners of a Lot is present at a mee may cast the vote allocated to the Lot. If more than one of thg vote may be cast with the co-owners’ unanim agreement if one of the co-owners casts the voter the person presiding over the meeting. Any ¢ may register protest to the casting of a voter presiding over the meeting or balloting gece one appurtenant vote will be cast, the vd er co-owners. If the person co-owners disagree on how the 8.8. BOOKS & RECORDS. ill maintain copies of the Documents and the Association’s books, regefds, al statements. Books and records of the their respective dire Nits, members, employees, and representatives, and any member of, : } al Reviewer, ACC and other officer, agent or representative of the Assd¢iatidg &“Indemnified Parties”), shall not be personally liable for the debts, obliga iabilitiéSof the Association. The Indemnified Parties shall not be liable for a er negligent or otherwise, except for their own individual willful m ce or makfea§ance, misconduct, bad faith, intentional wrongful acts or as otherwise expressly Provided e Documents. The Indemnified Parties shall have no personal liability with respect toma gntract or other commitment made by them, in good faith, on behalf of the Associatiors EA SSOCIATION, AS A COMMON EXPENSE OF THE ASSOCIATION, SHALL INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL EXPENSES, LOSS OR LIABILITY TO OTHERS, INCLUDING ATTORNEY’S FEES, REASONABLY INCURRED BY OR IMPOSED ON THE INDEMNIFIED PARTY IN CONNECTION WITH AN ACTION, SUIT, OR

INDEMNIFIED PARTIES FROM ANY AND ALL EXPENSES, LOSS OR LIABILITY TO OTHERS, INCLUDING ATTORNEY’S FEES, REASONABLY INCURRED BY OR IMPOSED ON THE INDEMNIFIED PARTY IN CONNECTION WITH AN ACTION, SUIT, OR PROCEEDING TO WHICH THE INDEMNIFIED PARTY IS A PARTY BY REASON OF BEING OR HAVING BEEN AN INDEMNIFIED PARTY HEREUNDER OR ON ACCOUNT OF ANY CONTRACT OR COMMITMENT ENTERED INTO BY ANY Page 24 of 52 INDEMNIFIED PARTY IN ITS CAPACITY HEREUNDER (TO THE EXTENT NOT COVERED BY INSURANCE PROCEEDS) AGAINST EXPENSES. IN ADDITION, EACH INDEMNIFIED PARTY SHALL BE INDEMNIFIED AND HELD HARMLESS BY THE ASSOCIATION, AS A COMMON EXPENSE OF THE ASSOCIATION, FROM ANY EXPENSE, LOSS OR LIABILITY TO OTHERS (TO THE EXTENT NOT COVERED BY INSURANCE PROCEEDS) BY REASONS OF HAVING SERVED AS SUCH DIRECTOR, OFFICER, AGENT, MEMBER, EMPLOYEE AND/OR REPRESENTATIVE AND IN SUCH CAPACITY AND AGAINST ALL EXPENSES, LOSSES AND . pULECIES, INCLUDING, BUT NOT LIMITED TO, COURT COSTS AND Ri ATTORNEYS’ FEES, INCURRED BY OR IMPOSED UPON SUCH INDE PARTY IN CONNECTION WITH ANY PROCEEDING TO WHICH DIRECTOR, OFFICER, AGENT, MEMBER, MPLOY REPRESENTATIVE AT THE TIME ANY SUCH EXPENSE : TIES ARE INCURRED SUBJECT TO ANY PROVISIONS REGAR BMNITY THE EXPENSES, LOSSES AND LIABILITIES ARIS WHICH SUCH INDEMNIFIED PARTY IS ADJUDIGAY MISFEASANCE OR MALFEASANCE, M ° ND PERFORMANCE OF SUCH PERSON’S AUT, INDEMNITY DOES COVER LIABIk PARTY’S NEGLIGENCE. AN I MISTAKE OF JUDGMENT, N GEX PARTY IS LIABLE FOR HISJOR HER h .

MISCONDUCT, OR BAD FA iRrofe RIGHT TO INDEMNIFICATION DOES NOT EXCLUDE ANY OTHER RIGH ICH PRESENT OR FORMER INDEMNIFIED PARTIES MAY BE ER si KD. “AD RIGHT TO INDEMNIFICATION PROVIDED VE OF ANY OTHER RIGHTS TO WHICH A AGENT, MEMBER, EMPLOYEE AND/OR RAL LIABILITY AND DIRECTORS’ AND OFFICERS’

PRESENT OR FORMER INDEMNIFIED PARTIES MAY BE ER si KD. “AD RIGHT TO INDEMNIFICATION PROVIDED VE OF ANY OTHER RIGHTS TO WHICH A AGENT, MEMBER, EMPLOYEE AND/OR RAL LIABILITY AND DIRECTORS’ AND OFFICERS’ CE TO FUND THIS OBLIGATION. ADDITIONALLY, THE INDEMNIFY A PERSON WHO IS OR WAS AN EMPLOYEE, OR ATTORNEY OF THE ASSOCIATION, AGAINST ANY AGAINST HIM AND INCURRED BY HIM IN THAT <D ARISING OUT OF THAT CAPACITY. Any insurance policies obtained by the Association shall name the Declarant and the managing agent as “additional insured” on such policies. The provisions of this Section 8.9 may not be modified or amended without the express written consent of Declarant.

8.10. ADDITIONALLY, THE ASSOCIATION MAY INDEMNIFY A PERSON WHO IS OR WAS AN EMPLOYEE, TRUSTEE, AGENT, OR ATTORNEY OF THE ASSOCIATION, AGAINST ANY LIABILITY ASSERTED AGAINST HIM AND Page 25 of 52 INCURRED BY HIM IN THAT CAPACITY AND ARISING OUT OF THAT CAPACITY.

The provisions of this Section 8.10 may not be modified or amended without the express written consent of Declarant.

8.11. OBLIGATIONS OF OWNERS. Without limiting the obligations of Owners under the Documents, each Owner has the following obligations: 8.11.1, Pay Assessments. Each Owner will pay Assessments proper evied by the Association against the Owner or his Lot, and will pay Regular Assessments with .

written statement by the Association. Payment of Assessments is NOT contingt provision, existence, or construction of any common elements or amenity.

8.11.2. Comply. Each Owner will comply with the "t s time to time.

8.11.3. Reimburse. Owner will pay for damage to ™& negligence or willful misconduct of the Owner, a Resident of pe Resident’s family, guests, employees, contractors, agents, or J 8.11.4, Liability. Each Owner i 1 for violations of the

for damage to ™& negligence or willful misconduct of the Owner, a Resident of pe Resident’s family, guests, employees, contractors, agents, or J 8.11.4, Liability. Each Owner i 1 for violations of the Documents by the Owner, a Resident of the & or Resident’s family, guests, employees, agents, or invitees, e Association to obtain compliance, including attorney’s fees whé 8.12. HOME RESALES. This applies tk every sale or conveyance of a Lot or an interest in a Lot by an Owner other tlt 5 ate. intending to sell his home will notify the Association and will request a Reg Sxtifit erein so called) from the Association. The Resale Certificate (as defined i in i 2.4 hereof) shall include such information as may be required under Section Association or its ae S pag ababty will, charge a fee in connection with preparation of 3 i inistrative costs or otherwise, which fee must be paid upon fee ight of First Refusal. The Association does not have a right of first refusal ay ne pel a selling Owner to convey the Owner’s Lot to the Association.

“2.3. Reserve Fund Contribution. At time of transfer of a Lot by any Owner (other than by Declarant), a “Reserve Fund Contribution” (herein so called) shall be paid to the Association in the amount of One Hundred Fifty and No/100 Dollars ($150.00), as may be increased annually by action of the Board by an additional amount equal to up to fifty percent (50%) of the Reserve Fund Contribution collected in the prior calendar year without joinder or consent of any other Owner or Member. Reserve Fund Contributions shall be deposited in the Association’s “Reserve Fund” (herein so called). The Reserve Fund Contribution may be paid by the seller or buyer, and will be collected at closing of the transfer of a Lot, provided in no event Page 26 of 52

ion’s “Reserve Fund” (herein so called). The Reserve Fund Contribution may be paid by the seller or buyer, and will be collected at closing of the transfer of a Lot, provided in no event Page 26 of 52 shall any Reserve Fund Contribution be due or owing in connection with a transfer by Declarant.

If the Reserve Fund Contribution is not collected at closing, the buyer remains liable to the Association for the Reserve Fund Contribution until paid. The Reserve Fund Contribution is not refundable and may not be regarded as a prepayment of or credit against Regular Assessments or Special Assessments. The Association shall have the right to the use of funds allocated to the Reserve Fund for operating and/or administrative expenses of the Association, or for the maintenance and upkeep of any area of the grounds, Common Areas, Area(s) of Common Responsibility or any portion of the development, at any time and from time to fire, as needed 8.12.4. Other Transfer-Related Fees. The Board may, at its into a contract with a managing agent to oversee the daily operggon ang Association. A number of independent fees may be charged in r Lot, including but not limited to fees for Resale Certificates, esta such fees. Transfer-relatgd Association’s Assessmé Association.,Declayé e number; any mortgagee’s name, address, and loan number; the name my Resident other than the Owner; the name, address, and phone number 8.13 Right of Action By Association. Notwithstanding anything contained in the Documents, the Association shall not have the power to institute, defend, intervene in, settle or compromise litigation, arbitration, or administrative proceedings: (1) in the name of or on behalf of or against any Owner (whether one or more); or (2) pertaining to a Claim, as defined in Section

or compromise litigation, arbitration, or administrative proceedings: (1) in the name of or on behalf of or against any Owner (whether one or more); or (2) pertaining to a Claim, as defined in Section 16.1.1 below, relating to the design or construction of improvements on a Lot (whether one or more), including Residences or any Areas of Common Responsibility. Notwithstanding anything contained in the Documents, this Section 8.13 may not be amended or modified without Page 27 of 52 Declarant’s written and acknowledged consent, and Members entitled to cast at least one hundred percent (100%) of the total number of votes of the Association, which must be part of the recorded amendment instrument.

ARTICLE 9 COVENANT FOR ASSESSMENTS 9.1. POWER TO ESTABLISH ASSESSMENTS operation of the Property as a first-class, quality residential subdivision. The Assessments may be used to fund the costs and expenses of tha Associé Expenses”) in performing or satisfying any right, duty or cgay the | or under any of the Documents, including, without limitation, mairftge administering Assessments; paying insurance pre ACC, the Eyad and the Association; baying ape Board may rej ect partial payments and deprartd {pe : amounts due and owing the Association. The Board is specifically policy governing how payments are to be applied. The Association wil developed. If made in good fai final.

An Owner makes payment to the Association at its she Board directs. Payments must be made in full regardless ith the Association, another Owner, or any other person or Nw by waiver of the use or enjoyment of the Common Area or by . An Owner’s obligation is not subject to offset by the Owner, nor is it 9,3. CONTROL FOR ASSESSMENT INCREASES. This Section of the Declaration

waiver of the use or enjoyment of the Common Area or by . An Owner’s obligation is not subject to offset by the Owner, nor is it 9,3. CONTROL FOR ASSESSMENT INCREASES. This Section of the Declaration may not be amended without the approval of Owners of at least two-thirds (2/3) of the Lots. In addition to other rights granted to Owners by this Declaration, Owners have the following powers and controls over the Association’s budget: Page 28 of 52 9.3.1. Veto Increased Dues. At least 30 days prior to the effective date of an increase in Regular Assessments wherein the Regular Assessments due will increase more than twenty-five percent (25%) from the previous year’s Regular Assessments the Board will notify an Owner of each Lot of the amount of, the budgetary basis for, and the effective date of the increase.

The increase will automatically become effective unless at least a Majority of Owners disapprove the increase by petition or at a meeting of the Association, subject to rights of the Board under Section 9.4.1 below. In that event, the last-approved budget will continue in effect until a revised budget is approved. Increases of twenty-five percent (25%) or less shall not requ#fe“a vote of the Owners, and may be approved by Declarant during the Development Period or, titereatte Board.

9.3.2. Veto Special Assessment. At least 30 days prior to the Special Assessment, the Board will notify an Owner of each Lot o basis for, and the effective date of the Special Assessment. Oe sod automatically become effective unless at least a Majority of Owné Assessment by petition or at a meeting of the Association.

9.4. TYPES OF ASSESSMENTS. There are g Assessments, Special Assessments, Insurance Deficiency Assessments. Regular Assessmeng

ajority of Owné Assessment by petition or at a meeting of the Association.

9.4. TYPES OF ASSESSMENTS. There are g Assessments, Special Assessments, Insurance Deficiency Assessments. Regular Assessmeng calendar year after the recorddtiqi Of {hi ayfation. Regular Assessments shall be paid on an annual basis (unless the Bo4rd det@rmines a different schedule). Regular Assessments shall be due on the first onth of the year in which they are due and shall be considered late if ng 10‘) day of the month in which they are due.

ommon Expenses for the remainder of the year, the Board aents for the remainder of the fiscal year in an amount that covers increase in excess of twenty-five percent (25%) above the previous year’s Regular Assessment, then in such event, the Board shall have the right to increase the maximum annual Regular Assessment by the amount necessary to provide sufficient funds to cover the Common Expenses without the approval of the Members as provided herein; provided, however, the Board shall only be allowed to make one (1) such increase per calendar year pursuant to this Section 9.4.1 and the terms of Section 9.3.1 shall apply for any additional increases of the Regular Assessment in a calendar year.

Page 29 of 52 Regular Assessments are used for Common Expenses related to the reoccurring, periodic, and anticipated responsibilities of the Association, including but not limited to: a. Maintenance, repair, and replacement, as necessary, of the Common Area, including any private Streets, striping, paving, or other parking area maintenance.

b, Maintenance, repair, and replacement, as necessa the Area(s) of Common Responsibility, if any.

G, Utilities billed to the Association.

d.

a. Acquisition of real property, other than the purchase of a Lot at the

e, repair, and replacement, as necessa the Area(s) of Common Responsibility, if any.

G, Utilities billed to the Association.

d.

a. Acquisition of real property, other than the purchase of a Lot at the sale foreclosing the Association’s lien against the Lot.

b. Construction of additional capital improvements within the Property, but not replacement of existing improvements.

Page 30 of 52 es Any expenditure that may reasonably be expected to significantly increase the Association’s responsibility and financial obligation for operations, insurance, maintenance, repairs, or replacement.

9.4.3. Insurance Assessments. The Association’s insurance premiums are Common Expenses that must be included in the Association’s annual budget. However, if any deductible or unforeseen insurance expense occurs in a calendar year that was not included in the annual budget of the Association, the Association may levy an Insurance Assesspf@qt cienet sO called). If the Association levies an Insurance Assessment, the Association m¥ Insurance Assessment in Resale Certificates prepared by the Association.

9.4.4. Individual Assessments. In addition to Regular A Assessments, and Insurance Assessments, the Board may levy an Lot and its Owner. Individual Assessments may include, but negligent acts; Common Expenses that benefit fe according to benefit received; fees or charges l¢ 9.4.5. Deficiency Assesg azy levy a Deficiency Assessment part, the cost of repair or restoration if insurance proceeds or condemnation awérdg ittsafficient. The Declarant shall not be ’s funds or any Deficiency Assessments.

subsidize any liabilities incurred by the The share of liability for Common eta Di is uniform for all Lots, regardless of a Lot’s location or the value

l not be ’s funds or any Deficiency Assessments.

subsidize any liabilities incurred by the The share of liability for Common eta Di is uniform for all Lots, regardless of a Lot’s location or the value Residenge; subject, however, to the exemption for Declarant provided below obligation for Declarant, a Lot that is "owned by Declarant or Property Owner during the Development Period is exempt from mandatory assessment by the Association. Declarant has a right to reimbursement for any Assessment paid to the Association by Declarant during the Development Period, but only after the Declarant Control Period. This provision may not be construed to prevent Declarant from making a loan or voluntary monetary donation to the Association, provided it is so characterized. The provisions of this Section 9.6 may not be modified or amended without the express written consent of Declarant.

Page 31 of 52 9.7. ANNUAL BUDGET. The Board will prepare and approve an estimated annual budget for each fiscal year. For each calendar year or a part thereof during the term of this Declaration and after recordation of the initial final Plat of any portion of the Property, the Board shall establish an estimated budget of the Common Expenses to be incurred by the Association for the forthcoming year in performing and satisfying its nghts, duties and obligations, which Common Expenses may include, without limitation, amounts due from Owners, and which budget adopted by the Board may include one or more line items to establish reserve accounts (on a restricted, non-restricted, or other basis). Based upon such budget, the Associafidg shall then assess each Lot an annual fee which shall be paid by each Owner in advance in a

h reserve accounts (on a restricted, non-restricted, or other basis). Based upon such budget, the Associafidg shall then assess each Lot an annual fee which shall be paid by each Owner in advance in a Section 9.4.1 hereof. The Association shall notify each Owner of the Regular Assessn 9 ensuing year by December 31st of the preceding year, but failure to give sucherre (10) days of the date due shall be delinquent and shall thereafter b of twelve percent (12%) per annum or the maximum rate permitteé 9.8. DUEDATE. The Board may levy Regular fA annually, quarterly, or monthly. Regular Assess which levied. Special Assessments, Insurggfe st day of the period for al Assessments and is stated, within 10 days after notice of th : is Assessments are delinquent if not received by the Association on or beforg 9.9. ASSOCIATION’S RIG fONEY. The Association is granted the right to borrow money, subject to th . eet a Majority of Owners and the ability of the Association to repay the bo Assessments; provided, however, during the Development Period, the Declargnt 6 the Association without consent or approval of the Owners, to enable the Asgockg defray its expenses, provided the terms of such loans are on reasonable market To assist its ability to borrow, the Association is granted the right to eg€umber hedge, or deed in trust any of its real or personal property, and o cht to future income, as security for money borrowed or debts incurred, lender in the pledged property are subordinate and inferior to the right$ OF INTEREST. The Association, and its officers, directors, ma , intend to conform strictly to the applicable usury laws of the State of Texa digg anything to the contrary in the Documents or any other Document or

The Association, and its officers, directors, ma , intend to conform strictly to the applicable usury laws of the State of Texa digg anything to the contrary in the Documents or any other Document or agreeme made in connection with the Association’s collection of Assessments, the AssociationwilLw6t in any event be entitled to receive or collect, as interest, a sum greater than the maximum amount permitted by Applicable Law. If from any circumstances whatsoever, the Association ever receives, collects, or applies as interest a sum in excess of the maximum rate permitted by Applicable Law, the excess amount will be applied to the reduction of unpaid Special Assessments and Regular Assessments, or reimbursed to the Owner if those Assessments are paid in full.

Page 32 of 52 ARTICLE 10 ASSESSMENT LIEN 10.1. ASSESSMENT LIEN. Each Owner, by accepting an interest in or title to a Lot, whether or not it is so expressed in the instrument of conveyance, covenants and agrees to pay Assessments to the Association. Each Assessment is a charge on the Lot and is secured by a continuing Assessment Lien (as defined below) on the Lot. Each Owner, and each prospective Owner, is placed on notice that his title may be subject to the continuing Assegsffent Lien for Assessments attributable to a period prior to the date he purchased his Lot.

10. 2. SUPERIORITY OF ASSESSMENT LIEN. The Assessment Lien this Declaration, (3) a recorded deed of trust lien securing a loa Residence, and (4) a first or senior purchase money vendor’s lien"o before the date on which the delinquent Assessment became due.

levied by governmental and taxing authorities, (2) a deed of trus 5 before the sale, but does not extinguis purchaser at the foreclosure sale of a sug after the date of the sale, and for the Owng

due.

levied by governmental and taxing authorities, (2) a deed of trus 5 before the sale, but does not extinguis purchaser at the foreclosure sale of a sug after the date of the sale, and for the Owng Association expense.

is created by recordation of this Delaratiok, whi i 1 i lien. No other recordation of a Ken Oc notige gf lien is required. However, the Association, at its 10.6. FORECLOSURE OF LIEN. The Assessment Lien may be enforced by judicial or nonjudicial foreclosure. A foreclosure must comply with the requirements of Applicable Law, such as Chapter 209 of the Texas Property Code. A nonjudicial foreclosure must be conducted in accordance with the provisions applicable to the exercise of powers of sale as set forth in Section 51.002 of the Texas Property Code, or in any manner permitted by law. In any foreclosure, the Owner is required to pay the Association’s costs and expenses for the proceedings, including Page 33 of 52 reasonable attorneys’ fees, subject to applicable provisions of the Bylaws and Applicable Law, such as Chapter 209 of the Texas Property Code. The Association has the power to bid on the Lot at foreclosure sale and to acquire, hold, lease, mortgage, and convey same. The Association may not foreclose the Assessment Lien if the debt consists solely of fines and/or a claim for reimbursement of attorney’s fees incurred by the Association.

ARTICLE 11 EFFECT OF NONPAYMENT OF ASSESSMENTS to collect delinquent Assessments. The Association’s exercise of its remé€di Applicable Laws, such as Chapter 209 of the Texas Property Code Bylaws. From time to time, the Association may delegate some fal) and remedies, as the Board in its sole discretion deems appropriate, continuing contractual lien (the “Assess

the Texas Property Code Bylaws. From time to time, the Association may delegate some fal) and remedies, as the Board in its sole discretion deems appropriate, continuing contractual lien (the “Assess portion of the Property to secure pay pfents imposed hereunder and (2) 4 ssociation in performing a defaulting Owner’s obligations as provided for ‘ . THE OBLIGATION TO PAY ASSESSMENTS IN THE MANN XR IN THIS ARTICLE, TOGETHER WITH INTEREST FROM SUCH DUE~D Zt AULT INTEREST RATE SET FORTH (IF APPLICABLE), THE CHARGES } AS AUTHORIZED IN THIS DECLARATION, ALL VIOLATION FINES ~OSTS ZOF COLLECTION, INCLUDING, BUT NOT LIMITED TO, REAS@ i A , IS SECURED BY A CONTINUING CONTRACTUAL A IEN AND CHARGE ON THE LOT COVERED BY SUCH ASSESS SUCH LOT AND THE OWNERS THEREOF AND THEIR E SOR DEVISEES, PERSONAL REPRESENTATIVES AND ASSIGNEES ontractual Assessment Lien shall attach to the Lots as of the date Oo Dedération in the Official Public Records of Collin County, Texas, and such DeclatationNEach/Owper, by accepting conveyance of a Lot, shall be deemed to have agreed to pay the erein provided for and to the reservation of the Assessment Lien. The Assessment *bierrShall be subordinate only to the liens of any valid first lien mortgage or deed of trust encumbering a particular Lot and the Assessment Lien established by the terms of this Declaration. Sale or transfer of any Lot shall not affect the Assessment Lien. However, the sale or transfer of any Lot pursuant to a first mortgage or deed of trust foreclosure (whether by exercise of power of sale or otherwise) or any proceeding in lieu thereof, shall only extinguish the Assessment Lien as to payments which became due prior to such sale or transfer. No sale or

ether by exercise of power of sale or otherwise) or any proceeding in lieu thereof, shall only extinguish the Assessment Lien as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability and the Assessment Lien for any Assessments thereafter becoming due. The Assessment Lien may be non-judicially foreclosed by power of sale Page 34 of 52 in accordance with the provisions of Section 51.002 of the Texas Property Code (or any successor provision) or may be enforced judicially. Each Owner, by accepting conveyance of a Lot, expressly grants the Association a power of sale in connection with the foreclosure of the Assessment Lien. The Board is empowered to appoint a trustee, who may be a member of the Board, to exercise the powers of the Association to non-judicially foreclose the Assessments Lien in the manner provided for in Section 51.002 of the Texas Property Code (or any successor statute).

The Association, through duly authorized agents, shall have the power to bid on the Lot at 11.1.1. Notices of Delinquency or Payment.

attorney or the Declarant may file notice (a “Notice of Unpaid Asse in payment of any Assessment in the Official Public Records 6 ASSESSMENT LIEN MAY BE ENFORCED BY FORECLOS JUDICIAL FORECLOSURE OR BY NONJUDICIAL FOR SALE IN LIKE MANNER AS A MORTGAG WITH THE TEXAS PROPERTY CODE, SUPPLEMENTED OR REPLACED FRO default for which a notice was recorded by is hereby authorized to file of record Owner of a fee, to be determined by the any Owner’s mortgagee, the Board, throuSh Mg agt Ay also issue certificates evidencing the iQular Lot (i.e., whether they are current or he Association or its managing agent may Assessment all expense

any Owner’s mortgagee, the Board, throuSh Mg agt Ay also issue certificates evidencing the iQular Lot (i.e., whether they are current or he Association or its managing agent may Assessment all expense Assessments due are not paid and is payable to the Association. This amount may be reviewed and adjusted by the Board from time to time as needed to compensate the Association with any rise in costs and expenses associated with the collection of delinquencies to an account. Late fees will be assessed to the delinquent Owner’s account. Bank fees for non-sufficient funds or for any other reason charged to the Association which is in relation to a payment received by an Owner and not honored by the Owner’s bank or any other financial institution and/or source shall be charged back to the Owner’s account for reimbursement to the Association.

Page 35 of 52 11.4. COSTS OF COLLECTION. The Owner of a Lot against which Assessments are delinquent is liable for reimbursement of reasonable costs incurred to collect the delinquent Assessments, including attorney’s fees and processing fees charged by the managing agent. There shall be a late charge in the amount of Twenty-Five and No/100 Dollars ($25.00) payable to the Association which shall be for the reimbursement of costs and fees incurred by the Association for the processing and collection of delinquent accounts. The managing agent shall have the right to charge a monthly collection fee in the amount of Fifteen and No/100 Dollars ($15.00) for each month an account is delinquent. Additional fees for costs involving the processfn.of demand letters and notice of intent of attorney referral shall apply; a fee of not less than ‘Ren aft oe 100 dollars ($10.00) shall be charged for each demand letter or attorney referral letter

sfn.of demand letters and notice of intent of attorney referral shall apply; a fee of not less than ‘Ren aft oe 100 dollars ($10.00) shall be charged for each demand letter or attorney referral letter processed. Other like notices requiring extra processing and handling which 1 q account for reimbursement to the Association or its managing a shall be added to the delinquent Owner’s account. The Declarant, 11.5. ACCELERATION. If an Owner defaults in payyfg in installments, the Association may accelerate i 1 notice to the defaulting Owner. The entire unpgt Property Code, as modified or amended f an Owner who defaults on a payment pkg plan for a minimum of two (2) years.

Members ofthe-Association at any meeting.

11.7. MONEY JUDGMENT. The Association may file suit seeking a money judgment against an Owner delinquent in the payment of Assessments, without foreclosing or waiving the Association’s Assessment Lien.

11.8. NOTICE TO MORTGAGEE. The Association may notify and communicate with the holder of any lien against a Lot regarding the Owner’s default in payment of Assessments.

Page 36 of 52 11.9. FORECLOSURE OF ASSESSMENT LIEN. As provided by this Declaration, the Association may foreclose its lien against the Lot by judicial or nonjudicial means.

11.10, APPLICATION OF PAYMENTS. The Board may adopt and amend policies regarding the application of payments. The Association may refuse to accept partial payment, i.e., less than the full amount due and payable. The Association may also refuse to accept payments to which the payer attaches conditions or directions contrary to the Board’s policy for applying payments. The Association’s policy may provide that endorsement and deposit ofA Be not constitute acceptance by the Association, and that acceptance occurs when ‘

ry to the Board’s policy for applying payments. The Association’s policy may provide that endorsement and deposit ofA Be not constitute acceptance by the Association, and that acceptance occurs when ‘ posts the payment to the Lot’s account.

ARTICLE 12 ENFORCING THE DOCUMENT 12.1. NOTICE AND HEARING. Before the Associatiommg a violation of the Documents or damage to the Property, the Assocte written notice and an opportunity for a hearing, according to the-féqus this Declaration, the Bylaws and in Applicable Law, such a 4 Code, as amended from time to time. Notices a required Association for certain charges, including rein Q o entry onto a Lot by the us in nature or pose a threat or lump sume as cyafulative. The minimum fine amount to be levied shall be $50.00. After the third fine, the fine amount shall increase in increments of no less than $50.00 each week until the violation is remedied. The maximum fine per violation occurrence that may be levied is $1,000.00.

12.2.3. Suspension. The Association may suspend the right of Owners and Residents to use Common Areas for any period during which the Owner or Resident, or the Owner or Resident’s family, guests, employees, agents, or contractors violate the Documents, pursuant to Page 37 of 52 the procedures as outlined in the Bylaws. A suspension does not constitute a waiver or discharge of the Owner’s obligations under the Documents.

12.2.4, Self-Help. The Association has the right to enter any part of the Property, including Lots, to abate or remove, using force as may reasonably be necessary, any erection, thing, animal, person, vehicle, or condition that violates the Documents. In exercising this right, the Board is not trespassing and is not liable for damages related to the abatement. The Board may

, thing, animal, person, vehicle, or condition that violates the Documents. In exercising this right, the Board is not trespassing and is not liable for damages related to the abatement. The Board may levy its costs of abatement against the Lot and Owner as an Individual Assessmgfit\ The Board violative condition that is easily removed or abated and that is consadered health hazard, or an eyesore to the Subdivision.

sufficiently strong to justify taking ay be construed as inconsistent with a fine may be levied against a renter or lessee other than the Owner however, should the renter or lessee fail to pay the fine within the time allotted, the Owner shall be responsible for the fine which shall be added to the Owner’s account. If legal assistance is obtained to enforce any provision of the Documents, or in any legal proceeding (whether or not suit is brought) for damages or for the enforcement of the Documents or the restraint of violations of the Documents, the prevailing party is entitled to recover from the non-prevailing party all reasonable and necessary costs incurred by it in such action, including reasonable attorneys’ fees.

Page 38 of 52 ARTICLE 13 MAINTENANCE AND REPAIR OBLIGATIONS 13.1. OVERVIEW. Generally, the Association maintains the Common Areas, and the Owner maintains his Lot and Residence. If an Owner fails to maintain his Lot, the Association may perform the work at the Owner’s expense. However, this Declaration permits Owners to delegate some of their responsibilities to the Association. For example, during one span the Owners may want the Association to handle the periodic repainting of exteriorfT& on all the Residences, which otherwise is the responsibility of each Lot Owner. During thexext Period, the

one span the Owners may want the Association to handle the periodic repainting of exteriorfT& on all the Residences, which otherwise is the responsibility of each Lot Owner. During thexext Period, the Owners may prefer to handle repainting on an individual basis. They have that opti Mer thi Declaration’s concept of “Area(s) of Common Responsibility,” as described bela 13.2. ASSOCIATION MAINTAINS. The 2 The AGO ed 0 discharged when and how the Board deems appropriate. The As replaces, as a Common Expense, the portions of the Property list the portions are on Lots or Common Areas.

a. The Common Areas.

easement, or service - the maintenance of which is gClaration or by the Plat.

s, after due notice to the Association and opportunity to cure, may maing ac Ce s, laidscape systems and any other features or elements that are required to bd } the Association and the Association fails to do so. The City or its lawfl agents, ® o the Association, may remove any landscape systems, features or elémert ¢ ntained by the Association. The City or its lawful agents, after due notise to ign and opportunity to cure, may also perform the responsibilities of the regulations. osts incurred by the City in performing said responsibilities as addressed in this paragraph shall be the responsibility of the Association. The City may also avail itself of any other enforcement actions available to the City pursuant to state law or City codes or regulations, with regard to the items addressed in this paragraph THE ASSOCIATION AGREES TO INDEMNIFY AND HOLD THE CITY HARMLESS FROM ANY AND ALL COSTS, EXPENSES, SUITS, DEMANDS, LIABILITIES OR DAMAGES INCLUDING ATTORNEY FEES AND COSTS OF SUIT, INCURRED OR RESULTING FROM THE CITY’S MAINTENANCE OF THE COMMON AREAS AND/OR REMOVAL OF ANY Page 39 of 52

S, EXPENSES, SUITS, DEMANDS, LIABILITIES OR DAMAGES INCLUDING ATTORNEY FEES AND COSTS OF SUIT, INCURRED OR RESULTING FROM THE CITY’S MAINTENANCE OF THE COMMON AREAS AND/OR REMOVAL OF ANY Page 39 of 52 LANDSCAPE SYSTEMS, FEATURES OR ELEMENTS THAT CEASE TO BE MAINTAINED BY THE ASSOCIATION.

13.3. AREA(S) OF COMMON RESPONSIBILITY. The Association, acting through its Members only, has the right but not the duty to designate, from time to time, portions of Lots or Residences as Area(s) of Common Responsibility to be treated, maintained, repaired, and/or replaced by the Association as a Common Expense. A designation applies to every Lot having the designated feature. The cost of maintaining components of Lots or Residences Common Responsibility is added to the annual budget and assessed uniformly age a Regular Assessment, unless the Board determines such maintenance benefits so Lots and thereby decides to assess the costs as Individual Assessments.

13.3.1. Establishment and Change in Designation. The to time, establish, change or eliminate the designation of compete Area(s) of Common Responsibility. Any such change must be apprg contrary contained herein, no change in the A Development Period shall be effective withou Declarant may unilaterally change the Area(s) Period, without joinder or consent of the Responsibility to be maintained by the AsSogi my components to be maintained i is Declaration, and subsequently amended, restated and published as a s@pakate t& went or Appendix hereof. The authority for establishing or amending it is in ths tion. The provisions of this Section 13.3.1 may not be modified or amendé Any established, amendgéd ance Responsibility Chart must be (1) published and distributed to an Owgg a reflected in the Association’s annual budget and reserve

ion 13.3.1 may not be modified or amendé Any established, amendgéd ance Responsibility Chart must be (1) published and distributed to an Owgg a reflected in the Association’s annual budget and reserve funds. NO 13.4. NOWNERRESRONSIBILITY. Every Owner has the following responsibilities and obM eat aintepance, repair, and replacement of the Propentys subject to the maintain and repair his Lot and the improvements situated thereon, keeping the same in good condition and repair at all times. In the event that any Owner shall fail to maintain and repair his Lot and such improvements as required hereunder, the Association, in addition to all other remedies available to it hereunder or by law, and without waiving any of said alternative remedies, shall have the right but not the obligation, subject to the notice and cure provisions, through its agents and employees, to enter upon said Lot and to repair, maintain and restore the Lot and the exterior of the buildings and any other improvements erected thereon; and each Owner (by Page 40 of 52 acceptance of a deed for his Lot) hereby covenants and agrees to repay to the Association the cost thereof immediately upon demand, and the failure of any such Owner to pay the same shall carry with it the same consequences as the failure to pay any assessments hereunder when due.

Maintenance shall include the upkeep in good repair of all fences, exterior portions of the Residence including trim, gutters, garage door, windows, lawn, driveway and sidewalk; this list is not intended to be inclusive and other maintenance requirements are at the sole discretion of the Board 13.5. OWNER’S DEFAULT IN MAINTENANCE. If the Board defSq Owner has failed to properly discharge his obligation to maintain, repair, and rep

tenance requirements are at the sole discretion of the Board 13.5. OWNER’S DEFAULT IN MAINTENANCE. If the Board defSq Owner has failed to properly discharge his obligation to maintain, repair, and rep which the Owner is responsible, the Board may give the Owner written notice of the that an which to complete the work. If the Owner fails or refuses to tim Association may do so at Owner’s expense, which is an Individual and his Lot. In case of an emergency, however, the Board’s respon’ written notice may be waived and the Board may take any agef reasonable particularity, the maintenance deemed necessary and 7 14.3. LIABILITY INSURANCE BY OWNER. Notwithstanding anything to the contrary in this Declaration, to the extent permitted by Applicable Law, each Owner is liable for damage to the Property caused by the Owner or by persons for whom the Owner is responsible.

Each Owner is hereby required to obtain and maintain general liability insurance to cover this liability as well as occurrences within his Residence, in amounts sufficient to cover the Owner’s liability for damage to the property of others in the Property and to the Area of Common Page 41 of 52 Responsibility, whether such damage is caused willfully and intentionally, or by omission or negligence.

14.4. QWNER’S GENERAL RESPONSIBILITY FOR INSURANCE. Each Owner, at his expense, will maintain all insurance coverage’s required of Owners by the Association pursuant to this Article. Each Owner will provide the Association with proof or a certificate of insurance on request by the Association from time to time. If an Owner fails to maintain required insurance, or to provide the Association with proof of same, the Board may obtain insurance gf ehalf of the ARTICLE 15 AMENDMENTS

Association from time to time. If an Owner fails to maintain required insurance, or to provide the Association with proof of same, the Board may obtain insurance gf ehalf of the ARTICLE 15 AMENDMENTS 15.1. CONSENTS REQUIRED. As pe idn, cértain amendments of this Declaration may be exeouied by Declaranp algne without the consent portion of the Property, any amendments j@ thi are approved in writing by the Property Owner, such approval not to bg onditioned, delayed, or denied.

Establishment and subsequent amendmé sKesponsibility Chart is subject to the terms of Section 13.3. To the extentPe , any proposed amendment which is for the purpose of amending the provisiOvfs*e afation or the Association’s agreements pertaining to the use, operation, » supervision of any facilities, structures, improvements, systems, Commg the Association, shall not be eff i wijtten consent from the City for such amendment is obtained.

MENT. This Declaration may be amended by any method e, pursuant to the Bylaws, provided the method gives an “if not exact wording of the proposed amendment, and a ae proposed amendment. In any event, this Declaration may be during the Development Period.

15.3. EFFECTIVE. To be effective, an amendment must be in the form of a written instrument (1) referencing the name of the Property, the name of the Association, and the recording data of this Declaration and any amendments hereto; (2) signed and acknowledged by an officer of the Association, certifying the requisite approval of Declarant, so long as Declarant owns one (1) lot within the Subdivision, or the directors and, if required, any mortgagees under a first lien Page 42 of 52 mortgage or deed of trust encumbering a Lot; (3) if the Property Owner owns any portion of the

ithin the Subdivision, or the directors and, if required, any mortgagees under a first lien Page 42 of 52 mortgage or deed of trust encumbering a Lot; (3) if the Property Owner owns any portion of the Property, signed and acknowledged by Property Owner, certifying the requisite approval of Property Owner under Section 15.1 hereof; and (4) recorded in the Real Property Records of every county in which the Property is located, except as modified by the following section.

15.4. DECLARANT PROVISIONS. Subject to any consent from the City and/or Property Owner which is required pursuant to Section 15.1, Declarant has an exclusive right to to suffer any financial, legal or other detri indirect interference with the sale of Lots.

acknowledged that any monetary awapt injunctive relief restraining the Assoti from further breach of this Section.

including without li requirements, ergeMor consolidation of the Association with another association exdment to this Declaration. The amendment must be approved by afnerger or consolidation of the Association with another association, obligations of another association may, by operation of law, be added to athe Property, together with the covenants and restrictions established upon any other property under its jurisdiction. No merger or consolidation, however, will affect a revocation, change, or addition to the covenants established by this Declaration within the Property.

15.7. TERMINATION. Termination of the terms of this Declaration is according to the following provisions. In the event of substantially total damage, destruction, or public condemnation of the Property, an amendment to terminate must be approved by Owners of at least Page 43 of 52

he following provisions. In the event of substantially total damage, destruction, or public condemnation of the Property, an amendment to terminate must be approved by Owners of at least Page 43 of 52 two-thirds of the Lots. In the event of public condemnation of the entire Property, an amendment to terminate may be executed by the Board without a vote of Owners. In all other circumstances, an amendment to terminate must be approved by Owners of at least eighty percent (80%) of the Lots. Any termination of the terms of this Declaration shall require the written approval of the City and, for as long as the Property Owner owns any portion of the Property, the written approval of Property Owner, which approval shall not be unreasonably withheld, conditioned, delayed, or denied.

15.8. CONDEMNATION. In any proceeding, negotiation, settlemen concerning condemnation of the Common Area, the Association will be the representative of the Owners. The Association may use condemnation procegde agreement condemnation. Any condemnation proceeds remaining after compJetion, of wé and replacement will be deposited in the Association’s Reserve F é ARTICLE 16 DISPUTE RESOLUTION agrees to submit to this Article (collectivel resolution of disputes involving the Props litigation and arbitration if at all possibjé that this Article applies to all Claims as uf Article 16 may only be amended with holding 100% of votes in the Association.

Claims relating to the acts or omissions of the Declarant, the g Board member or officer of the Association during Declarant’s control C. Claims relating to the design or construction of the Property, including Common Area, Areas of Common Responsibility, Residences, or any improvements located on the Lots.

during Declarant’s control C. Claims relating to the design or construction of the Property, including Common Area, Areas of Common Responsibility, Residences, or any improvements located on the Lots.

16.1.2. “Claimant” means any Party having a Claim against any other Party.

Page 44 of 52 16.1.3. “Respondent” means any Party against which a Claim has been asserted by a Claimant.

16.2. MANDATORY PROCEDURES. Claimant may not initiate any proceeding before any administrative tribunal or court seeking redress or resolution of its Claim until Claimant has complied with the procedures of this Article. As provided in Section 16.9 below, a Claim will be resolved by binding arbitration. A Claimant, whether Owner or the RSOeInHON, may not consolidate any Claims or bring a Claim on behalf of any class; provided howevep may join or add additional parties to a Claim as may be allegedly responsible in ¥ part for matters which are the subject of such Claims.

16.3. CLAIM AFFECTING COMMON AREAS. In accordance this Declaration, the Association does not have the power or right Jo 1 f in, settle, or compromise litigation or administrative proceedings) of or against any Owner (whether one or more); or (2) pertaining toa # Owner asserts a Claim related to the Common Areas, as a pfece mmc 10pAt0 defined in Section 16.5, initiating the mandatory fy Article 16, or taking any other action to prose Association or Owner, as applicable, must: ”) Perf a licensed professional engineer Nisam including the present physical eosin maintenance, or repairs to the he Association; (3) provides specific and independent third- party report (the “Co which: (1) identifies the Commen Arey inspection, calculated from the date or receipt of such notice,

repairs to the he Association; (3) provides specific and independent third- party report (the “Co which: (1) identifies the Commen Arey inspection, calculated from the date or receipt of such notice, a which notice shall identify the independent third-party engaged to Association™erthe“Owner, as applicable, shall have permitted each party subject to a Claim the right, for a period of ninety (90) days, to inspect and correct, any condition identified in the Common Area Report.

16.3.2. Claim by the Association - Owner Meeting and Approval. If the Claim is prosecuted by the Association, the Association must first obtain approval from Members holding sixty-seven percent (67%) of the votes in the Association to provide the Notice described in Section 16.5, initiate the mandatory dispute resolution procedures set forth in this Article 16, or Page 45 of 52 take any other action to prosecute a Claim, which approval from Members must be obtained at a special meeting of Members called in accordance with the Bylaws. The notice of meeting required hereunder will be provided pursuant to the Bylaws but the notice must also include: (1) the nature of the Claim, the relief sought, the anticipated duration of prosecuting the Claim, and the likelihood of success; (2) a copy of the Common Area Report; (3) a copy of any proposed engagement letter, with the terms of such engagement between the Association and an attorney to be engaged by the Association to assert or provide assistance with the claim (the “Engagement Letter”); (4) a description of the attorney fees, consultant fees, expert witness fees, and cou s, whether Residence if the Claim i is prosecuted and an estimate of the impact after resolution of the Claim; (7) an estimate of the impact on the

fees, consultant fees, expert witness fees, and cou s, whether Residence if the Claim i is prosecuted and an estimate of the impact after resolution of the Claim; (7) an estimate of the impact on the if the Claim is prosecuted and during prosecution of the Claim, and the value of each Residence during and after resolution of the Claim; Association proposes to fund the cost of prosecuting the Claimy of the Association, including the impact on present and j Association is not the prevailing party. The re i special meeting called in accordance pursuit of the Claim.

dispute resolution procedures set forth in this Article 16, or taking any a Claim, the Owner must obtain an independent third-party report (the eport”) from a licensed professional engineer which: (1) identifies the y modification, maintenance, or repairs to the improvements performed by the Owner(s) and/or the Association; and (3) provides specific and detailed recommendations regarding remediation and/or repair of the improvements subject to the Claim. For the purposes of this Section, an independent third-party report is a report obtained directly by the Owner and paid for by the Owner, and not prepared by a person employed by or otherwise affiliated with the attorney or law firm that represents or will represent the Owner in the Claim. As a precondition to providing the Notice described in Section 16.5, the Owner must provide at least ten (10) days prior written notice of the inspection, calculated from the date of receipt of such notice, to each Page 46 of 52 party subject to a Claim which notice shall identify the independent third-party engaged to prepare the Owner Improvement Report, the specific improvements to be inspected, and the date and time

of 52 party subject to a Claim which notice shall identify the independent third-party engaged to prepare the Owner Improvement Report, the specific improvements to be inspected, and the date and time the inspection will occur. Each party subject to a Claim may attend the inspection, personally or through an agent. Upon completion, the Owner Improvement Report shall be provided to each party subject to a Claim. In addition, before providing the Notice described in Section 16.5, the Owner shall have permitted each party subject to a Claim the right, for a period of ninety (90) days, to inspect and correct, any condition identified in the Owner Improvement Report.

to do or not do to resolve the Claim; and (4) that the Notice is give Claims governed by Chapter 27 of the Texas Property Code, th’ Section 16.6 below, is equivalent to the sixty (60) day period under § subject to Chapter 27 of the Texas Property for mediation set forth in Section 16.7 belgt forms the basis of the Claim, a trite rect copy of the special meeting notice provided to Members in accordangé ¥2 above; and (e) reasonable and credible evidence confirming t at Mey odin’ sixty- “seven percent (67%) of the votes in the Association . Claimant and Respondent will make every reasonable effort to e the Claim by good faith negotiation. Within sixty days after Respondent’s receipt of th Ce, Respondent and Claimant will meet at a mutually-acceptable place and time to discuss the Claim. At such meeting or at some other mutually-agreeable time, Respondent and Respondent’s representatives will have full access to the Property that is subject to the Claim for the purposes of inspecting the Property. If Respondent elects to take corrective action, Claimant

nd Respondent’s representatives will have full access to the Property that is subject to the Claim for the purposes of inspecting the Property. If Respondent elects to take corrective action, Claimant will provide Respondent and Respondent’s representatives and agents with full access to the Property to take and complete corrective action.

Page 47 of 52 16.7. MEDIATION. If the Parties negotiate but do not resolve the Claim through negotiation within 120 days from the date of the Notice (or within such other period as may be agreed on by the Parties), Claimant will have thirty additional days within which to submit the Claim to mediation under the auspices of a mediation center or individual mediator on which the Parties mutually agree. The mediator must have at least five years of experience serving as a mediator and must have technical knowledge or expertise appropriate to the subject matter of the Claim. If Claimant does not submit the Claim to mediation within the thirty-day period, Claimant is deemed to have waived the Claim, and Respondent is released and discharged fr61 liability to Claimant on account of the Claim.

16.8. TERMINATION OF MEDIATION. If the Parties do not agree of the mediation proceedings indicating that the Parties are a mediation was terminated. Thereafter, Claimant may file suit or initiagé the Claim, as appropriate and permitted by this Article.

within a time deemed reasonable by the mediator, the mediator w re.

16.9. BINDING ARBITRATION-CLAIMS, All arbitration. Claimant or Respondent may, by su motion to stay further proceedings), bring an agty required by Section 16.7, the Claim will terms of this Section 16.9 and the rules ; (“AAA”) or, if the AAA is unable or unwt x applyto the Claim, then those rules will apply instead of the rules

agty required by Section 16.7, the Claim will terms of this Section 16.9 and the rules ; (“AAA”) or, if the AAA is unable or unwt x applyto the Claim, then those rules will apply instead of the rules of any inconsistency between any such applicable rules and this onducted by a panel of three (3) arbitrators, to be chosen as follows: a. One arbitrator shall be selected by Respondent, in its sole and absolute discretion; b. One arbitrator shall be selected by the Claimant, in its sole and absolute discretion; and Page 48 of 52 e One arbitrator shall be selected by mutual agreement of the arbitrators having been selected by Respondent and the Claimant, in their sole and absolute discretion.

16.9.2. Exceptions to Arbitration; Preservation of Remedies. No provision of, nor the exercise of any rights under, this Section 16.9 will limit the right of Claimant or Respondent, and Claimant and the Respondent will have the right during any Claim, to seek, use, and employ ancillary or preliminary remedies, judicial or otherwise, for the purposes of j€& izing upon, preserving, or protecting upon any property, real or personal, that is involved in a Cl without limitation, rights and remedies relating to: (1) exercising self-help remedies off rights); or (2) obtaining provisions or ancillary remedies such as injunctive relig judicial relief or pursuit of provisional or ancillary remedies or ex not constitute a waiver of the right of any party to submit the CTaj inapplicable the compulsory arbitration provisions hereof.

during, or after the pendency of any arbitration. The institution o 16.9.3. Statute of Limitations. All statutes of applicable shall apply to any arbitration proceedin ; or (3) a cause of action or remedy not expressly In no event may an arbitrator award speculative,

16.9.3. Statute of Limitations. All statutes of applicable shall apply to any arbitration proceedin ; or (3) a cause of action or remedy not expressly In no event may an arbitrator award speculative, and Applicable Law. Each party agrees to keep all Claims and arbitration proceedings strictly confidential, except for disclosures of information required in the ordinary course of business of the parties or by Applicable Law or regulation. In no event shall any party discuss with the news media or grant any interviews with the news media regarding a Claim or issue any press release regarding any Claim without the written consent of the other parties to the Claim.

Page 49 of 52 16.10. ALLOCATION OF COSTS. Notwithstanding any provision in this Declaration to the contrary, each Party bears all of its own costs incurred prior to and during the proceedings described in the Notice, Negotiation, Mediation and Arbitration sections above, including its attorney’s fees. Respondent and Claimant will equally divide all expenses and fees charged by the mediator and arbitrator.

16.11. GENERAL PROVISIONS. A release or discharge of Respondent from liability to Claimant on account of the Claim does not release Respondent from liability to not Party to Claimant’s Claim.

16.12, PERIOD OF LIMITATION.

any of the Parties to bring any Claim, including, but not limited t or defective design of a Residence, shall be the earliest of: (1) fo defect or defective design, two years and one day from the date tha reasonably should have discovered evidence of the Claim; (2) for construction defect or defective design, four years and ong discovered or reasonably should have discovered applicable statute of limitations under Texas Ja interpreted to extend any period of limitation

struction defect or defective design, four years and ong discovered or reasonably should have discovered applicable statute of limitations under Texas Ja interpreted to extend any period of limitation 16,12.1. For Actions by an Owner. The api pg construction defect or defective design, ft or its agents discovered or reaso Texas law. In no events under Texas law.

16.14. LIMITATION ON CONSOLIDATION OR JOINDER. No mediation, arbitration, or other action arising out of or relating to this Declaration or any other Documents shall include, by consolidation or joinder or in any other manner, the Declarant, the Association, any managing agent engaged by the Declarant, the Association, or the Architectural Reviewer as a “Respondent” in such Claim, except by written consent containing specific reference to this Declaration signed by the Declarant, the Association, any managing agent engaged by the Declarant or the Association, or the Architectural Reviewer named as Respondent, as applicable, the Claimant, and Page 50 of 52 any other person or entity sought to be joined. Consent to mediation, arbitration or other proceeding involving an additional person or entity shall not constitute consent to mediation, arbitration or other proceeding to resolve a Claim not described therein or with a person or entity not named or described therein. Notwithstanding the foregoing, the Declarant if \named as a “Respondent” in a Claim, may, at its option and in its sole and absolute discretion, elect to join or consolidate mediation or arbitration with a Claimant and other Claimant(s) or any other party having an interest in the proceedings. Each Owner by taking title to any Lot hereby consents to such joinder or consolidation, which may be ordered at the sole discretion orAlStion of the

other party having an interest in the proceedings. Each Owner by taking title to any Lot hereby consents to such joinder or consolidation, which may be ordered at the sole discretion orAlStion of the Declarant.

16.15. RESTRICTIONS ON AMENDMENT. The provisions of this Ape ot be modified or amended without the express written consent of Declarant.

ARTICLE 17 oe; GENERAL PROVISIONS 17.1. COMPLIANCE. The Owners hereby covenant,a 7dministration of the Association will be in accordance with the provision ; acntY and Applicable Laws, regulations, and ordinances, as same mg im& to time, of any governmental or quasi-governmental entity havy dicti Agsociation or Property.

17.2. HIGHER AUTHORITY.

and local ordinances. Generally, the tery not violate or conflict with local, state, ¢ mfate to federal and state law, enforceable to the extent they do notice shall provide the Owner not less than ten (10) does not cure the violation after two (2) notices are delivered, regardifg a phewsfon Ancluding restrictions on the use or alienability of Property, will be resolved in favor ofthe opsfation of the Association and its enforcement of the Documents, regardless which party seeks enforcement.

17.5. SEVERABILITY. Invalidation of any provision of this Declaration by judgment or court order does not affect any other provision, which remains in full force and effect. The effect of a general statement is not limited by the enumeration of specific matters similar to the general.

Page 51 of 52 17.6. CAPTIONS. In all Documents, the captions of articles and sections are inserted only for convenience and are in no way to be construed as defining or modifying the text to which they refer. Boxed notices are inserted to alert the reader to certain provisions and are not to be

ted only for convenience and are in no way to be construed as defining or modifying the text to which they refer. Boxed notices are inserted to alert the reader to certain provisions and are not to be construed as defining or modifying the text.

17.7. APPENDIXES. The following appendixes are attached to this Declaration and incorporated herein by reference: A — Description of Subject Land B — Declarant Representations & Reservations C — Reserved D — Design Guidelines E - Certificate of Formation, Organizational Consent "On offth¢’ Ask 17.8. INTERPRETATION. Whenever used in the Ddc provides otherwise, a reference to a gender includes all genders.

hereof.

Page 52 of 52 SIGNED on this [] tea ay of aU HE, 2021.

DECLARANT: STARLIGHT HOMES. TEXAS L.L.C., a Delaware limited liability company STATE OF TEXAS § are a 8 . BEFORE. ME, the undersigned . autheci hp Ric the J. Rolf hag Delaware limi ed 1 ability company, known Signature Page CONSENT OF PROPERTY OWNER TO DECLARATION The undersigned, being the “Property Owner” as defined in the Declaration hereby consents to the Declaration and all terms, covenants, conditions, restriction, and easements set forth therein, and the recordation of the Declaration against title to the Property.

PROPERTY OWNER: ARROYO CAP IA, LLC, a Delaware limited liability compan By: .... Arroyo Cap I, LLC, a Delaware lj its sole mem By: E —a Vice President COUNTOF _ BEFORE MB,.the undersigned attharity, on this day personally appeared Leigh Austin, Executive Vice Presidenf: yal J.LC, a Delaware limited liability company, the sole member of Arroyo C ¢ limited liability company, the sole member of Arroyo Cap IA, rey a Defayafelimited 1 Bility company, known to me to be the person and officer

e limited liability company, the sole member of Arroyo C ¢ limited liability company, the sole member of Arroyo Cap IA, rey a Defayafelimited 1 Bility company, known to me to be the person and officer sania agtrument, and acknowledged to me that she executed gfsideration thérejn expressed, and as the act and deed of said Signature Page A Notary Public or other officer completing this certificate verifies only the identity of the | individual who signed the document to which this certificate is attached, and not the truthfulness, | accuracy, or validity of that document.

State of California ) County of Of ter ) On Ghaee A 20% { , before me, subscribed to the within instrument and acknowledged to me tha in his/her/their authorized capacity(ies), and that by his/her/their person(s), or the entity upon behalf of which the person(s) acted, ex« I certify under PENALTY OF PERJURY under the la foregoing paragraph is true and correct.

RACHEL MAYO Notary Public - California Los Angeles County Commission # 2263143 My Comm. Expires Oct 18, 2022 WITNESS my hand and official seal.

z ss e Signature “#f_ 033439-0011 12697865al 1/08/18 APPENDIX “A” TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MONTICELLO PARK REAL PROPERTY LEGAL DESCRIPTION BEING all that certain lot, tract or parcel of land situated in the David Cherry Su No. 166, in Collin County, Texas, and being that tract of land conveyed to Cope Add L.L.C., according to the document filed of record in Instrument Number 201903284 described as follows BEGINNING at a 1/2" iron rod found in the north line of Monte Y 6 THENCE South 89°18'59" East, with said common line, same being common with the north

Instrument Number 201903284 described as follows BEGINNING at a 1/2" iron rod found in the north line of Monte Y 6 THENCE South 89°18'59" East, with said common line, same being common with the north line of this tract, a distance of 1711.49 feet to a 1/2" iron rod found for the northwest corner of that tract of land referred to as Tract 3, also conveyed to said McMahan & Gant Farms by same document, said 1/2" iron rod being the common northeast corner of said Cope tract and this tract; THENCE South 0°57'44" West, leaving said common corner, with the west line of said Tract 3 and the west line of that tract of land conveyed to MMYA, LLC, according to the document filed Appendix “A” of record in Document Number 20181130001465070 (O.P.R.C.C.T.), both being common with the east line of said Cope tract and this tract, a distance of 1383.08 feet to a 1/2" iron rod found for the southwest corner of said MMYA tract, and being the common northwest corner of the above mentioned Stibbens tract, for a common corner of said Cope tract and this tract; THENCE South 0°57'43" West, with the west line of said Stibbens tract, same being common with the east line of said Cope tract and this tract, a distance of 253.52 feet to the POINT OF BEGINNING and containing 59.9987 acres or 2,613,542 square feet of land, mo less.

OF Appendix “A” APPENDIX “B” TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MONTICELLO PARK DECLARANT REPRESENTATIONS & RESERVATIONS B.1. GENERAL PROVISIONS.

B.1.1. Introduction. Declarant intends the Declaration that provisions pertaining to the initial development, construction, m The terms of Appendix “B” may not be modified ef Spends of Declarant.

hg other provisions of the be construed to, nor may any @ with the rights contained in this

e initial development, construction, m The terms of Appendix “B” may not be modified ef Spends of Declarant.

hg other provisions of the be construed to, nor may any @ with the rights contained in this Appendix which Declarant hereby reserygs exOlusi to itself and its successors and assigns.

In case of conflict between this Appendi otheNQécument, this Appendix controls. This Appendix may not be amended wifaott Tr sien consent of Declarant. To the extent any proposed amendment is for the plrpestsof e apvending the provisions of this Declaration or the Association’s agreements pdrtag Oythe}use, operation, maintenance and/or supervision of any facilities, structures, improvemen Steyhs, Common Areas, private Streets or grounds that of Development and Declarant Control Periods. This Appendix gives e Development Period and the Declarant Control Period to ensure out and sellout of the Property, which is ultimately for the benefit Association may not terminate without cause with ninety days’ notice.

B.1.4. Definitions. As used in this Appendix and elsewhere in the Documents, the following words and phrases, when capitalized, have the following specified meanings: a. “Builder” means a person or entity which purchases, or contracts to purchase, a Lot from Declarant or from a Builder for the purpose of constructing a Residence for resale or under contract to an Owner other than Declarant. As used in this Appendix “B” Declaration, Builder does not refer to Declarant or to any home building or home marketing company that is an affiliate of Declarant.

b, “Declarant Control Period” means that period of time during which Declarant controls the operation of this Association. The duration of the Declarant

ting company that is an affiliate of Declarant.

b, “Declarant Control Period” means that period of time during which Declarant controls the operation of this Association. The duration of the Declarant Control Period will be from the date this Declaration is recorded for a maximum period not to exceed the earlier of: (1) _ fifty (50) years from date this Declaration is recorded.

(2) the date title to the Lots and all other portions of the Prope conveyed to Owners other than Builders or Declarant.

B.1.5. Builders. Declarant, through its affiliates, intends onstrfict{Res Lots in connection with the sale of the Lots. However, Declaran i or all of the Lots to one or more Builders to improve the Lots wit occupied.

B.2. DECLARANT CONTROL PERIOD RESERVATIOX powers, rights, and duties during the Declarant Ces ¢ the Board may consist p appoints, remove, and wlioni need be Members or ion as a “Leader;” provided, B.2.1. Officers & Directors. During tf Declg of three persons. During the Declarant, COntref Rexi replace any officer or director of t Owners, and each of whom is indel Declarant has sold seventy five percen Property, or (ii) ten (10) years aftep-ebrethate oRrecOx dation of this Declaration, at least one-third B.2.2. Weighted Votes.4Duy @ Dgclarant Control Period, Declarant and the Property Owner shall each be Class +4 : e“appurtenant to each Lot owned by Declarant or the ber is weighted twenty (20) times that of the vote appurtenant = Bedget Funding. During the Declarant Control Period only, Declarant is responsible for the difference between the Association’s operating expenses and the Regular Assessments received from Owners other than Declarant, and will provide any additional funds

y, Declarant is responsible for the difference between the Association’s operating expenses and the Regular Assessments received from Owners other than Declarant, and will provide any additional funds necessary to pay actual cash outlays of the Association. At the Declarant’s sole discretion, funds provided for the purpose of offsetting a deficit may be treated as a loan. On termination of the Declarant Control Period, Declarant will cease being responsible for the difference between the Association’s operating expenses and the Assessments received from Owners other than Declarant. Declarant is not responsible for funding the Reserve Fund and may, at its sole Appendix “B” discretion, require the Association to use Reserve Funds when available to pay operating expenses prior to the Declarant funding any deficit.

B.2.4. Declarant Assessments. During the Declarant Control Period, any real property owned by Declarant is not subject to Assessments by the Association.

B.2.5. Builder Obligations. During the Declarant Control Period only, Declarant has the right but not the duty (1) to reduce or waive the Assessment obligation of a Buildgr, and (2) to manner as any Owner.

B.2.6. Commencement of Assessments. During the initia Declarant may elect to postpone the Association’s initial levy Declarant will be responsible for all operating expenses of thg ever, Declarant may elect to treat any advance made by the Declarant to covef t fi fy other expenses B.2.8. Budget Control. During Cal od, the right of Owners to veto Assessment increases or Special Assess g is transition meeting, the Declarant will transfer control over mon Areas owned by the Association and Declarant will provide , if not already done so, relating to the total costs to date related to

g is transition meeting, the Declarant will transfer control over mon Areas owned by the Association and Declarant will provide , if not already done so, relating to the total costs to date related to T PERIOD RESERVATIONS. Declarant reserves the following ts, exercisable at Declarant’s sole discretion, at any time during the Development Period: B.3.1. Changes in Development Plan. Declarant may modify the initial development plan to respond to perceived or actual changes and opportunities in the marketplace. Subject to approval by (1) a governmental entity, if applicable, and (2) the Owner of the land or Lots to which the change would directly apply (if other than Declarant), Declarant may (a) change the sizes, dimensions, and configurations of Lots and Streets; (b) change the minimum Residence size; (c) Appendix “B” change the building setback requirements; and (d) eliminate or modify any other feature of the Property.

B.3.2. Builder Limitations. Declarant may require its approval (which may not be unreasonably withheld) of all documents and materials used by a Builder in connection with the development and sale of Lots, including without limitation promotional materials; deed restrictions; forms for deeds, Lot sales, and Lot closings. Without Declarant’s prior written approval, a Builder may not use a sales office or model in the Property to market reskences, Lots, or other products located outside the Property.

B.3.3. Architectural Control. During the Development Period, Dedaras absolute right to serve as the Architectural Reviewer pursuant to Article 6.

Article 6 and this Appendix to (1) an ACC appointed by the Boar of architects, engineers, or other persons who may or may not b Any such delegation is at all times subject to the unilateral rights of

Article 6 and this Appendix to (1) an ACC appointed by the Boar of architects, engineers, or other persons who may or may not b Any such delegation is at all times subject to the unilateral rights of delegation at any time and reassume jurisdiction over the matter inadvisable for any reason. Declarant also has the over vacant Lots in the Property. Neither the Lots.

B.3.4. Amendment. During Declaration and the other Documents 1 PettOd, Declarant may amend this ithout consent of the Board, other Divide, combine, or reconfigure Lots.

convert Lots into Common Areas and Common Areas back to Lots.

o modify the construction and use restrictions of Article 7 of this Declarati f. To merge the Association with another property owners association.

g. To comply with the requirements of an underwriting lender.

h. To resolve conflicts, clarify ambiguities, and to correct misstatements, errors, or omissions in the Documents.

Appendix “B” 1. To enable any reputable title insurance company to issue title insurance coverage on the Lots.

i To enable an institutional or governmental lender to make or purchase mortgage loans on the Lots.

k. To change the name or entity of Declarant.

1, To change the name of the addition in which the Property m. To change the name of the Association.

n. For any other purpose, provided the amendment ha effect on any right of any Owner.

B.3.5. Completion. During the Development Period, De@ complete or make improvements indicated on the os (2) the righ Muring the Development Period, spect, monitor, test, redesign, correct, ay exist on any portion of the Property, : pment of access throughout the Property to is Pt. Declarant will promptly repair, at its sole ise of this right. By way of illustration but not

ign, correct, ay exist on any portion of the Property, : pment of access throughout the Property to is Pt. Declarant will promptly repair, at its sole ise of this right. By way of illustration but not aS, or other products located outside the Property. Declarant reserves an easement ari dright to maintain, relocate, replace, or remove the same from time to time within the Property. Declarant also reserves the right to sponsor marketing events — such as open houses, MLS tours, and broker’s parties — at the Property to promote the sale of Lots. During the Development Period, Declarant also reserves (1) the right to permit Builders to place signs and promotional materials on the Property and (2) the right to exempt Builders from the sign restriction in this Declaration.

Appendix “B” B.3.8. Offices. During the Development Period, Declarant reserves for itself the right to use Residences owned or leased by Declarant as models, storage areas, and offices for the marketing, management, maintenance, customer service, construction, and leasing of the Property and/or Declarant’s developments or other products located outside the Property. Also, Declarant reserves for itself the easement and right to make structural changes and alterations on and to Lots and Residences used by Declarant as models, storage areas, and offices, as may be necessary to adapt them to the uses permitted herein.

Declarant also has the right to provide a reasonable means of oe through any existing or future gate that restricts vehicular access to the active marketing of Lots and Residences by Declarant or Builders, that the gate be kept open during certain hours and/or on certain da construed as an obligation or intent to gate the Property.

to the active marketing of Lots and Residences by Declarant or Builders, that the gate be kept open during certain hours and/or on certain da construed as an obligation or intent to gate the Property.

IMFON AREAS. Declarant will convey title to the Common Areas, including any and all facilities, structures, improvements and systems of the Common Areas owned by Declarant, to the Association by one or more deeds — with or without warranty. Any initial Common Area improvements will be installed, constructed, or authorized by Declarant, the cost of which is not a Common Expense of the Association. At the time of conveyance to the Association, the Common Areas will be free to encumbrance except for the property taxes accruing for the year of conveyance the terms of this Declaration and matters reflected on the Plat. Declarant’s conveyance of title is a ministerial task that does not require and is not subject to acceptance by the Association Appendix “B” or the Owners. The transfer of control of the Association at the end of the Declarant Control Period is not a transfer of Common Areas requiring inspection, evaluation, acceptance, or approval of Common Area improvements by the Owners. Declarant is under no contractual or other obligation to provide amenities of any kind or type.

B.5. WORKING CAPITAL FUND. Declarant may (but is not required to) establish a separate working capital fund for the Association which shall be different from the Reserve Fund set forth in the Declaration, Section 8.11.3, by requiring purchasers of Lots to make a one-tijvacontribution to this fund, subject to the following conditions: a.

e Contributions to the fund are g Special Assessments and are not refundabl tq contribution from a purchaser. Fund maintenance need of the Association.

is fund, subject to the following conditions: a.

e Contributions to the fund are g Special Assessments and are not refundabl tq contribution from a purchaser. Fund maintenance need of the Association.

d. Declarant will tran k. Declarant may designate one or more successor Declarants dsighated purposes and/or for specified portions of the Property, he Property. To be effective, the designation must be in writing, , Texas. Declarant (or Successor Declarant) may subject the designation to limitations and reservations. Unless the designation of successor rwise, a successor Declarant has the rights of Declarant under this Section B.7. Declarant’s Right to Annex Adjacent Property. Declarant hereby reserves for itself and its affiliates and/or any of their respective successors and assigns the right to annex any real property in the vicinity of the Property (the “Property Subject to Annexation”) into the scheme of this Declaration as provided in this Declaration. Notwithstanding anything herein or otherwise to the contrary, Declarant and/or such affiliates, successors and/or assigns, subject to annexation of same into the real property, shall have the exclusive unilateral right, privilege and option (but never an obligation), from time to time, for as long as Declarant owns any portion of the Property or Appendix “B” Property Subject to Annexation, to annex (a) all or any portion of the Property Subject to Annexation owned by Declarant, and (b) subject to the provisions of this Declaration and the jurisdiction of the Association, any additional property located adjacent to or in the immediate vicinity of the Property (collectively, the “Annexed Land”), by filing in the Official Public Records

e jurisdiction of the Association, any additional property located adjacent to or in the immediate vicinity of the Property (collectively, the “Annexed Land”), by filing in the Official Public Records of Collin County, Texas, a Supplemental Declaration expressly annexing any such Annexed Land.

Such Supplemental Declaration shall not require the vote of the Owners, the Members of the Association, or approval by the Board or other action of the Association or any other person or Public Records of Collin County, Texas (with consent of Owner(s) of the Annexed Declarant). Declarant shall also have the unilateral right to transfer to any sugeess Declarant shall be the developer of at least a portion of the weno designated by Declarant in writing to be the successor or assigneeNo All rights hereunder.

(i) A legally sufficient dese which Annexed Land m (il) and conveyed in accordance with, and subject to, the eclaration as theretofore and thereafter amended; provided, ots or portions thereof being so annexed are to be treated any of the other Lots (whether such difference is applicable to other herein or to the Lots now subject to this Declaration), the entaMDeclaration should specify the details of such differential treatment eral statement of the rationale and reasons for the difference in treatment, easepfents or other requirements as may be applicable to all or any of the Lots or er portions of Annexed Land being annexed; (ii) That all of the provisions of this Declaration, as amended, shall apply to the Annexed Land being added or annexed with the same force and effect as if said Annexed Land were originally included in this Declaration as part of the initial Property subject to this Declaration, with the total number of Lots increased accordingly; Appendix “B”

fect as if said Annexed Land were originally included in this Declaration as part of the initial Property subject to this Declaration, with the total number of Lots increased accordingly; Appendix “B” (iv) That an Assessment Lien is therein created and reserved in favor of the Association to secure collection of the Assessments as provided in this Declaration, and as provided for, authorized or contemplated in the Supplemental Declaration, and setting forth the first year Regular Assessments and the amount of any other then applicable Assessments (if any) for the Lots within the Annexed Land being made subject to this Declaration; and (v) Such other provisions as the Declarant therein shall deem appropria B.7.2. Amendment. The provisions of this Section B.7. or its sub-segts ber required by Class B Membership, nntil it expires pursuant to the terms of the Declaration.

nd of Appendix B] Appendix “B” APPENDIX “C” TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ons aS RESERVED Appendix “C” APPENDIX “D” TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MONTICELLO PARK DESIGN GUIDELINES PART ONE: SECTION 1.1 FLAGS AND FLAGPOLES. ALL FLAGS, REGARDLES PLACEMENT, AND FLAGPOLES MUST HAVE THE PRIOR WRITTEN C THE ARCHITECTURAL REVIEWER/ACC. NO DISPLAY OR INSTA ASSOCIATION THROUGH ITS BOARD AND/OR THE AC SH TO REMOVE ANY UNAUTHORIZED FLAG WITHOUT THE OWNER.

1.1.1 The only flags which may be displayed are: g America; (11) the flag of the State of Texas; ¢ any branch of the United States arghedforce 1.1.2 The flag of the United Sections 5-10.

esidefice, and must have a silver finish with a gold or silver ke flagpole must not exceed three (3) inches in diameter.

ch of the United States arghedforce 1.1.2 The flag of the United Sections 5-10.

esidefice, and must have a silver finish with a gold or silver ke flagpole must not exceed three (3) inches in diameter.

Ondition at all times. Any flag that is deteriorated must be replaced or removed.

Any flagpole that is structurally unsafe or deteriorated shall be repaired, replaced, or removed.

1.1.7. Only one flagpole will be allowed per Lot. No such limitation applies in Common Areas. A flagpole can either be securely attached to the face of the Residence (no other structure) or be a freestanding flagpole. A flagpole attached to the Residence Appendix “D” 1.1.10 1.1.11 1.2.3 may not exceed 4 feet in length. A freestanding flagpole may not exceed twenty (20) feet in height. Any freestanding flagpole must be located in either the front yard or backyard of a Lot, and there must be a distance of at least five (5) feet between the flagpole and the property line.

Any flag flown or displayed on a freestanding flagpole may be no smaller than 3’xS’ and no larger than 4’x6’.

Any flag flown or displayed on a flagpole attached to the Residén larger than 3’xS’.

Any freestanding flagpole must be equipped to minimize } preferred method is through the use of an internal ard sf swivel snap hooks must be covered or “ Quiet Ch Neighbor complaints of noisy halyards are a basis to & Owner resolves the noise complaint.

The illumination of a flag is allowed,so long other residents in the community. & preferred as opposed to ground municipal requirements for ¢ certified by Owner. Flag Neighbor complaints reg nted light fixtures are Compliance with all ollectively, “Rain Barrels”) may only be installed after receiving the written

certified by Owner. Flag Neighbor complaints reg nted light fixtures are Compliance with all ollectively, “Rain Barrels”) may only be installed after receiving the written approval of the Declarant, the ACC or other reviewing authority established under the Declaration.

Rain barrels may not be installed upon or within the Common Areas, except by Declarant installing the initial improvements within such Common Area, or with written approval of the Declarant or ACC.

Appendix “D” 1.2.4 Under no circumstances shall rain barrels be installed or located in or on any area within a Lot that is in-between the front of the Owner’s Residence and an adjoining or adjacent street.

1.2.5 The rain barrel must be of color that is consistent with the color scheme of the Owner’s Residence and may not contain or display any language or other content that is not typically displayed on such rain barrels as manufactured 1.2.6 Rain barrels may be located in the back-yard of Lot so long as such fs may not be seen from a street, another Lot or any Common Area 1.2.7. In the event the installation of Rain Barrels in the ba in compliance with paragraph 1.2.6 above is impo i other reviewing authority established under the Declar. ynitations to the greatest their Lot to extent possible. The owner must have Ltet 1.2.9 1.2.10 aliSwed to display or affix on the entry to the Owner’s are religious items, the display of which is motivated by the threatens the public health or safety; (2) violates a law; (3) contains language, graphics, or any display that is patently offensive to a passerby; (4) is permanently installed in a location other than the entry door or door frame or extends past the outer edge of the door frame of the Owner’s or

display that is patently offensive to a passerby; (4) is permanently installed in a location other than the entry door or door frame or extends past the outer edge of the door frame of the Owner’s or occupant’s Residence; or Appendix “D” (5) individually or in combination with each other religious item displayed or affixed on the entry door or door frame has a total size of greater than 25 square inches 1.3.3. No owner or resident is authorized to use a material or color for an entry door or door frame of the Owner’s or occupant’s Residence or make an alteration to the entry door or door frame that is not authorized by the Declaration or otherwise expressly approved by the Declarant, the ACC or other revi authority established under the Declaration.

SECTION 1.4 SOLAR PANELS 1.4.1 Solar energy devices, including any related equi (collectively, “Solar Panels”) may only be insta approval of the Declarant, the ACC or other revieg under the Declaration. Owners desiring to install Association will not be responsible for any installation or use of solar panel 1.4.2 Solar Panels may not be install is maintained by the AssOej improvements within suc or ACC.

1.4.3 Solar Panels may onl i ee fesignated locations on the roof of a residence, on an @ under any subdivision or Association fenced rear-yard or fenced-in patio of an to the slope of the roof; ave a top edge that is parallel to the roofline; and ave a frame, support bracket, or wiring that is black or painted to match the color of the roof tiles or shingles of the roof. Piping must be painted to match the surface to which it is attached, i.e. the soffit and wall. Panels must blend with the color of the roof to the greatest extent possible.

es or shingles of the roof. Piping must be painted to match the surface to which it is attached, i.e. the soffit and wall. Panels must blend with the color of the roof to the greatest extent possible.

1.4.5 If located in the fenced rear-yard or patio, Solar Panels shall not be taller than the fence line or visible from any adjacent Lot, Common Area or Street.

1.4.6 The Declarant, the ACC or other reviewing authority established under the Declaration may deny a request for the installation of Solar Panels if it determines Appendix “D” that the placement of the Solar Panels, as proposed by the Owner, will create an interference with the use and enjoyment of any adjacent Lot or Common Area.

1.4.7 Owners are hereby placed on notice that the installation of Solar Panels may void or adversely affect roof warranties. Any installation of Solar Panels which voids material warranties is not permitted and will be cause for the Solar Panels to be removed by the Owner.

1.4.8 Solar Panels must be properly maintained at all times or removed B 1.4.9 Solar Panels which become non-functioning or inoperable must be Owner.

SECTION 1.5 CERTAIN ROOFING MATERIALS 1.5.1 Roofing shingles covered by this Section 1.5.1 are e efficiencies greater than those provided by c provide solar generation capabiliti 1.5.2 Roofing Shingles allowed undér tlfesaG 1.5.3 1.5.4 eafStalled only after receiving the written approval of the ar other reviewing authority established under the Declaration.

materials suclaS standing seam metal roofs over garage structures may be considered and shall require the prior written approval of the Architectural Reviewer before use. Composition roofs require a minimum twenty (20) year warranty shingle or equivalent. Color of shingles shall be

d and shall require the prior written approval of the Architectural Reviewer before use. Composition roofs require a minimum twenty (20) year warranty shingle or equivalent. Color of shingles shall be driftwood or gray in color. Other colors shall require the prior written consent of the Architectural Reviewer prior to use. Other roofing material shall not be used without the express written approval of the Architectural Reviewer. All roofing materials must conform to City requirements, and are subject to approval of the Architectural Reviewer. Roof materials shall in any event be in Appendix “D” compliance with the Design Guidelines and the Declaration. Dormers above roof structure and roofing materials may be finished with an approved exterior grade siding material.

SECTION 1.6 SIGNAGE 1.6.1 No sign or signs of any kind or character shall be displayed to the Streets or otherwise to the public view on any Lot or Common Area, except for the Declarant’s signs or not more than thirty-two [32] square feet in n size) i in the Pro or advertising the Subdivision, provided that such signs writing by the Architectural Reviewer; (B) A professionally fabricated “for sale” not more than six [6] square feet in size) A be utj lease” sign (of of a Lot for the applicable sale or rent situation, ONLY; (C) Development related sip with Declarant’s prior written cong@n (D) Signs displaying a ecuffty company shall be permitted, provided that such signs are (i) g and (iii) of a size not in exces quare fet in size; other Owners and/or businesses. Some flags may not armony of the neighborhood, street or block upon which the hitectural Reviewer reserves the right to request the prompt the Owner not comply, the Architectural Reviewer reserves

es. Some flags may not armony of the neighborhood, street or block upon which the hitectural Reviewer reserves the right to request the prompt the Owner not comply, the Architectural Reviewer reserves e flag. Such removal shall not constitute trespassing and the supporto! athletic events and/or teams during the applicable sport season which are not otherwise consistent with the covenants, conditions and restrictions contained in the Declaration; and (G) Use of seasonal decorations (including lights, lawn ornamentation, flags and banners) may not exceed four (4) weeks during the applicable season and provided that such decoration is in any event consistent with the covenants, conditions and restrictions Appendix “D” contained in this Declaration and do not constitute or cause disharmony among the Owners or businesses surrounding the Residence and must be removed within ten (10) days following the applicable season or holiday; and (H) One (1) sign for each candidate and/or ballot item on advertising such political candidate(s) or ballot item(s) for an election shall be permitted in accordance with Section 202.009 of the Texas Property Code, provided that: (i) such signs may not be displayed (A) prior to the date (90) days before the date of the election to which the sign relates, and date which is ten (10)days after that election date; (i1) such signs must be ground-mounted: 4agd PART TWO: SECTION 2.1 feet (40’ mé ed from the front setback line for 40’ Lots. The typical Lot depth shall be one hundred fifteen feet (115’). The minimum lot area for 50’ Lots shall be 5,750 square feet. The minimum lot area for 40’ Lots shall be 4,600 square feet. The maximum Lot coverage shall be fifty-five percent (55%). The minimum front yard setback is typically twenty feet (20’). The

quare feet. The minimum lot area for 40’ Lots shall be 4,600 square feet. The maximum Lot coverage shall be fifty-five percent (55%). The minimum front yard setback is typically twenty feet (20’). The minimum rear yard is twenty feet (20’). The minimum side yard for 50’ Lots is fifteen feet (15’) adjacent to a street and five feet (5’) interior side yard of 50’ Lots. The minimum side yard for 40’ Lots is fifteen feet (15’) adjacent to a street and five feet (S’) on each interior side yard, with a minimum of ten feet (10’) between structures. The minimum rear yard setback for all Lots is Appendix “D” twenty feet (20’). All setbacks shall comply with the Plat and all applicable City ordinances and restrictions. Builder shall be responsible for compliance with the minimum set back and all front and rear yard restrictions.

2.1.3. Exterior Materials. The exterior walls (excluding doors and windows) of each Residence constructed or placed on a Lot shall have the minimum City required coverage or a minimum of 50% masonry on the front and side elevation, and must otherwise be in compliance with this Declaration and these Design Guidelines. No material opt exterior of painted without the prior written approval of the Architectural Reviewer. No materia the following may be used in the exterior construction of a Residence consgtrere stone, and up to twenty percent (20%) stucco, exclusive of windo over the entrance of an extended garage or any wall area above a masonry veneer cannot directly bear upon the foundation (for example aeaghed roof acceptable form of masonry material. All wood, hardboard g Residence must be painted or stained in a color compatible y used in the exterior construction of such Resig@nde an Reviewer.

2

aeaghed roof acceptable form of masonry material. All wood, hardboard g Residence must be painted or stained in a color compatible y used in the exterior construction of such Resig@nde an Reviewer.

2 Materials other than those listed aboveAte ypropaiateNfor architectural trim and accent applications only including but not li ( Architectural Reviewer; and Pada al finished as required b provided that in gay Kien apppéval of the Architectural Reviewer. Each Residence erected on a Lot shall providedtf-street parking space (inclusive of garage space) for a minimum of two (2) automobiles. Garages may not be used for a living quarters or business and must remain close at all times when not in use. Garage doors must be maintained in good condition.

SECTION 2.2 LANDSCAPING: Appendix “D” Upon completion of each Residence, the following landscape elements shall be installed prior to occupancy of the Residence. Synthetic turf is allowed to be installed upon a Lot with the prior written approval of the Architectural Reviewer, and provided that such synthetic turf is continually maintained by the Owner of such Lot in good, neat and orderly condition and repair; provided that no synthetic or fake plants, flowers or trees are allowed: 2.2.1 Sod/Irrigation: The front yard of each Lot shall have full sod installed with the exception of any paved areas of the Lot. All Lots must have underground irpéa¥on systems installed providing coverage for all non-paved areas of the Lot in accorda requirements, and specifically include, without limitation, irrigation of Trees or located within any public right-of-way adjacent to the Lot..

2.2.2 Trees: Atleast one (1) shade tree will be planted p

equirements, and specifically include, without limitation, irrigation of Trees or located within any public right-of-way adjacent to the Lot..

2.2.2 Trees: Atleast one (1) shade tree will be planted p placed within the front yard, rear yard, and/or Common Area op be a minimum of three caliper inches (3”) upon installation. The Ag 2.2.3 Shrubbery and Planting Beds: as required by applicable City ordinance if bed is preferred but, not mandatory.

ilfer must comply with any landscaping Mions outlined in these Design Guidelines Manufacturer: Seal Rite Color: Medium Brown — Apply per instructions Fences must be kept in good repair at all times. Broken fences and/or pickets must be repaired.

Fallen fence panels must be repaired. All Lots must be fully fenced on all sides. Leans in fences of more than five inches (5”) must be repaired. Fences with faded or fading stain must be restained to maintain consistency of color and aesthetic appearance at all times. Steel posts on fencing facing streets or Common Areas must be facing inside the yard, and except as otherwise Appendix “D” required herein, there may be decorative metal (tubular steel or wrought iron) fencing along the boundary of Lots shared with any Common Area.

2.3.2 Fences and Walls Generally: No thin-wall masonry walls are allowed unless constructed with brick, stone or other approved masonry units and supported by angle iron with masonry columns on piers. All thin-wall plans shall be sealed by a professional engineer and approved by the City. “Thin Wall” means any wall six inches (6”) or less in width. All fencing on Lots shall meet the requirements of applicable City ordinances and requ minimum fence height is six feet (6’) and maximum fence height is eight feet (8’).

inches (6”) or less in width. All fencing on Lots shall meet the requirements of applicable City ordinances and requ minimum fence height is six feet (6’) and maximum fence height is eight feet (8’).

Lot boundary lines adjacent to Monte Carlo Boulevard or adjacen, to Monte Carlo Boulevard shall have a six foot (6’) tall mason boundary line of Lots parallel to Monte Carlo Boulevard.

2. 3.3 Standard Side and Rear Yard Fences: Side ang screws to 2-3/8” diameter, and galuanized poles 4 feet in 2 feet of premixed concrete. All posts sh ground and wood to prevent rotting or d feet (8’) on center or less No top cap or tf on Areas, Residences and/or other structures witfiin the Property shall conform to the requirements set Guidelines established by the Association and any City side of the sfreef. The same elevation and brick color shall not repeat on the Residences located on Lots across the street or on the Lots on either side of the Lot across the street from the Residence on a Lot. Mirror image floor plans shall be permitted and not considered duplicates for the purpose of this Lot spacing.

SECTION 2.5 MAILBOXES Appendix “D” 2.5.1. Mailboxes shall be cluster boxes and meet the minimum requirements set forth by the City of Princeton United States Postal Service.

[End of Appendix D] Appendix “D” APPENDIX “E” TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MONTICELLO PARK CERTIFICATE OF FORMATION, ORGANIZATIONAL CONSENT AND BYLAWS OF THE ASSOCIATION [see attached] ro; Appendix “E”