Document

2023 - 2023000119879 10/18/2023 11:36 AM Page 1 of 86 AFTER RECORDING RETURN TO: KRISTI E. STOTTS, ESQ.

WINSTEAD PC 401 CONGRESS AVE., SUITE 2100 AUSTIN, TEXAS 78701 EMAIL: [email protected] SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORNING RIDGÈ ADDITTON [COLLIN COUNTY, TEXASI Unofficial THIS DOCUMENT AMENDS, RESTATES, AND REPLACES IN ITS ENTIRETY THAT CERTAIN AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORNING NDGE ADDITION, RECORDED UNDER DOCUMENT NO.

20200108000033010 IN THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS.

Declarant: FORESTAR (USA) REAL ESTATE GROUP INC., a Delaware corporation This Second Amended and Restated Declaration of Covenants, Conditions and Restrictions may be used only in connection with the residential community known as Morning Ridge Addition in Collin County, Texas, and the operation of Morning Ridge Homeowners Association, Inc.

4876-4721-9567v.3 52952-96 2023 - 2023000119879 10/18/2023 11:36 AM Page 2 of 86 TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS.

ARTICLE 2 GENERAL AND USE RESTRICTIONS .2 2.1 General 2.2 2.3 2.4 2.5 Hazardous Activities.

2.6 Conceptual Plans Single-Family Residential Use Subdividing.

Insurance Rates 2.7 Mining and Drilling..

2.8 2.9 Noise Animals -Household Pets 2.10 Rubbish and Debris....

2.11 2.12 2.13 Maintenance.

Association's Maintenance Right Street Landscape Area-Owner's Obligation to Maintain Landscaping..

10 10 10 11 11 12 7 7 Unofficial 2.14 Antennas 2.15 Location of Permitted Antennas.

2.16 Signs.

2.17 Flags-Approval Requirements 2.18 Flags - Installation and Display..

2.19 Temporary Structures Outside Storage Buildings.

Unsightly Articles.

12 12 13 14 15 15 16 16 16 .17

d Antennas.

2.16 Signs.

2.17 Flags-Approval Requirements 2.18 Flags - Installation and Display..

2.19 Temporary Structures Outside Storage Buildings.

Unsightly Articles.

12 12 13 14 15 15 16 16 16 .17 Mobile Homes, Travel Trailers and Recreational Vehicles.

Basketball Goals; Permanent and Portable 17 17 Compliance with Restrictions.

Liability of Owners for Damage to Common Area...

No Warranty of Enforceability.

.18 18 19 Party Wall Fences and Walls.

.19 2.29 Playscapes, Sports Equipment and Sports Courts .20 2.30 Decorations, Yard Art and Lighting...

.20 2.31 Exterior Window Air Conditioning Units.

.21 2.32 Window Treatments.......

.21 2.33 Shared Mailboxes.

.21 2.34 Rentals .....

.21 i 2023 - 2023000119879 10/18/2023 11:36 AM Page 3 of 86 TABLE OF CONTENTS (CONTINUED) Page .21 2.35 Trash Containers...

2.36 Parking .22 3.1 2.37 Release and Indemnity.

ARTICLE 3 CONSTRUCTION RESTRICTIONS Approval for Construction 3.2 Fences; Sidewalks..

3.3 Drainage.

3.4 Construction Activities 3.5 Roofing 3.6 Swimming Pools.

3.7 3.8 3.9 3.10 Compliance with Setbacks and Easements Solar Energy Device..

Rainwater Harvesting Systems.

Xeriscaping 3.11 3.12 Water Quality Facilities, Drainage Facilities and Drainage Ponds.

Garages..

4.3 ARTICLE 4 MORNING RIDGE HOMEOWNERS ASSOCIATION, INC...

4.1 Organization 4.2 Membership.

Governance!

4.4 Voting Rights.

4.7 Conveyance of Common Area to the Association Indemnification.

4.8 49 Bulk Rate Contracts.

4.10 4.11 Protection of Declarant's Interests...

nofficial .22 22 .23 .24 .24 .24 .24 .26 .27 .28 .29 122 .29 25 .29 .29 .31 .31 .31 22555 .35 .35 .36 .36 .37 Administration of Common Area .37 Right of Action by Association .37 ARTICLE 5 INSURANCE.......

.38 5.1 Insurance .38 5.2 Restoration.

.38 5.3 Mechanic's and Materialmen's Lien....

39 ii

5 .36 .36 .37 Administration of Common Area .37 Right of Action by Association .37 ARTICLE 5 INSURANCE.......

.38 5.1 Insurance .38 5.2 Restoration.

.38 5.3 Mechanic's and Materialmen's Lien....

39 ii 2023 - 2023000119879 10/18/2023 11:36 AM Page 4 of 86 Severability Conflicts..

9.9 Gender.

9.10 9.11 9.12 9.13 Acceptance by Owners Damage and Destruction.

No Partition Notices ......

Eminent Domain.

Amendment.

TABLE OF CONTENTS (CONTINUED) Page ARTICLE 6 COVENANT FOR ASSESSMENTS.

Assessments..

Maintenance Fund.

Regular Assessments...

.39 .39 .40 Special Assessments Individual Assessments.

6.1 6.2 6.3 6.4 Working Capital Assessment.

6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 Amount of Assessment.

Late Charges.

Owner's Personal Obligation; Interest.

Assessment Lien and Foreclosure Exempt Property.

Fines and Damages Assessment.

ARTICLE 7 ARCHITECTURAL CONTROL COMMITTEE 7.1 Construction of Improvements.

7.2 Architectural Control Committee ARTICLE 8 MORTGAGE PROVISIONS...

8.1 Notice of Action 8.2 Examination of Books...

8.3 Taxes, Assessments and Charges ARTICLE 9 GENERAL PROVISIONS .42 .42 43 .44 .45 .45 .45 46 .49 .49 .50 .50 50 50 Unofficial .50 .50 .51 Roadway and Utility Easements....

Enforcement..

Higher Authority .51 52 .52 .52 52 .52 .52 53 .54 .54 40 .40 iii Negotiation TABLE OF CONTENTS (CONTINUED) Page 9.14 View Impairment..

54 9.15 Safety and Security 54 9.16 9.17 Notice Concerning Mineral Reservation Declarant Fine Authority.

.55 .55 ARTICLE 10 EASEMENTS ………………………………..

..56 10.1 Right of Ingress and Egress.

10.2 Reserved Easements 10.3 Utility Easements.

10.4 10.5 Subdivision Entry and Fencing Easement..

Landscape and Monument Sign Easement 10.6 Easement to Inspect and Right to Correct..

ARTICLE 11 DEVELOPMENT RIGHTS.

11.1 Development by Declarant

ts.

10.4 10.5 Subdivision Entry and Fencing Easement..

Landscape and Monument Sign Easement 10.6 Easement to Inspect and Right to Correct..

ARTICLE 11 DEVELOPMENT RIGHTS.

11.1 Development by Declarant 11.2 Special Declarant Rights Addition of Land……...

11.3 11.4 11.5 Withdrawal of Land Notice of Plat Recordation.

11.6 Assignment of Declarant's Rights ARTICLE 12 DISPUTE RESOLUTION.

Introduction and Definitions..

Maridatory Procedures....

Claim Affecting Common Areas 58 ཉགཐཐམ 58 58 .59 .59 .59 ....60 60 Unofficial .60 .61 .61 Claim by Lot Owners – Improvements on Lots .66 .68 .69 .69 12.8 Binding Arbitration-Claims..

69 Allocation of Costs .71 1 12.10 Waiver of Rights under Certain Statutory Provisions.

.72 12.11 General Provisions.....

.72 12.12 Period of Limitation...........

.72 12.13 Funding the Resolution of Claims.

.73 2023 - 2023000119879 10/18/2023 11:36 AM Page 5 of 86 iv 2023 - 2023000119879 10/18/2023 11:36 AM Page 6 of 86 TABLE OF CONTENTS (CONTINUED) Page ARTICLE 13 COMPLIANCE WITH THE CITY OF PRINCETON DEVELOPMENT CODE..73 13.1 13.2 Authority.....

.73 Abandonment or Dissolution.

13.3 Amendment..

13.4 Failure of Association to Maintain Common Areas and Certain Facilities, Structures, Improvements, and Systems..

73 13.5 Conflicts....

Unofficia V 2023 - 2023000119879 10/18/2023 11:36 AM Page 7 of 86 SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR MORNING RIDGE ADDITION This Second Amended and Restated Declaration of Covenants, Conditions and Restrictions for Morning Ridge Addition (the "Declaration") is made by FORESTAR (USA) REAL ESTATE GROUP INC., a Delaware corporation (the "Declarant"), and is as follows: A.

RECITALS: Harper Springs Homes, LLC, a Texas limited liability company ("Harper),

on") is made by FORESTAR (USA) REAL ESTATE GROUP INC., a Delaware corporation (the "Declarant"), and is as follows: A.

RECITALS: Harper Springs Homes, LLC, a Texas limited liability company ("Harper), previously executed and recorded that certain Amended and Restated Declaration of Covenants, Conditions and Restrictions for Morning Ridge Addition, recorded under Document, No.

20200108000033010, Official Public Records of Collin County, Texas (the Amended and Restated Declaration").

B. Harper assigned its rights as "Declarant" under the Amended and Restated Declaration to Declarant pursuant to that certain Assignment of Declarant's Rights under Declaration of Covenants, Conditions and Restrictions for Morning Ridge Addition, as Amended and Restated, recorded under Document No. 2023000054483, Official Public Records of Collin County, Texas.

Unofficial C. Section 11.2 of the Original Declaration provides that the Original Declaration may be amended by a written consent of Members holding sixty-seven percent (67%) of the total number of votes of the Association (all classes counted together).

D. Pursuant to Section 3.2 of the Original Declaration, Declarant is a "Class B Member" and currently holds more than sixty-seven percent (67%) of the total number of votes in the Association (all classes counted together).

E.

This Declaration is filed with respect to that certain real property located in Collin County, Texas, as more particularly described on Exhibit “A”, attached hereto and incorporated herein for all purposes (the Property").

F.

Declarant desires to create and carry out a uniform plan for the development, improvement, and sale of the Property.

By the Recording of this Declaration, Declarant serves notice that the Property is

Declarant desires to create and carry out a uniform plan for the development, improvement, and sale of the Property.

By the Recording of this Declaration, Declarant serves notice that the Property is subject to the terms and provisions of this Declaration.

NOW, THEREFORE, it is hereby declared: (i) that the Property (or any portion thereof) will be held sold, conveyed, and occupied subject to the following covenants, conditions and restrictions which will run with such portions of the Property and will be binding upon all parties 1 4876-4721-9567v.3 52952-96 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 8 of 86 having right, title, or interest in or to such portions of the Property or any part thereof, their heirs, successors, and assigns and will inure to the benefit of each owner thereof; and (ii) that each contract or deed conveying the Property (or any portion thereof) will conclusively be held to have been executed, delivered, and accepted subject to the following covenants, conditions and restrictions, regardless of whether or not the same are set out in full or by reference in said contract or deed.

This Declaration uses notes (text set apart in boxes) to illustrate concepts and assist the reader. If there is a conflict between any note and the text of this Declaration, the text will control.

ARTICLE 1 DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases when used in this Declaration will have the meanings hereinafter specified.

fficial "Applicable Law" means the statutes and public laws and ordinances in effect at the time a provision of the Restrictions is applied, including without limitation, the Code (as defined

ecified.

fficial "Applicable Law" means the statutes and public laws and ordinances in effect at the time a provision of the Restrictions is applied, including without limitation, the Code (as defined herein) and pertaining to the subject matter of the Restriction provision. Statutes and ordinances specifically referenced in the Restrictions are "Applicable Law" on the date of the Restrictions, 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.

"Architectural Control Committee" or "ACC" means the committee created pursuant to this Declaration to review and approve or deny plans for the construction, placement, modification, alteration or remodeling of any Improvements on a Lot. As provided in Article 7 below, the Declarant acts as the ACC and the ACC is not a committee of the Association until the Declarant has assigned its right to appoint and remove all ACC members to the Association in a Recorded written instrument.

"Assessment" or "Assessments" means assessments imposed by the Association under this Declaration.

"Assessment Unit has the meaning set forth in Section 6.7.2.

"Association" means Morning Ridge Homeowners Association, Inc., a Texas non-profit corporation, which has been created to exercise the authority and assume the powers specified in Article 4 and elsewhere in this Declaration.

"Board" means the Board of Directors of the Association.

"Bulk Rate Contract" or "Bulk Rate Contracts" means one or more contracts which are entered into by the Association for the provision of utility services or other services of any kind 4876-4721-9567v.3 52952-96 2 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED

contracts which are entered into by the Association for the provision of utility services or other services of any kind 4876-4721-9567v.3 52952-96 2 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 9 of 86 or nature to the Lots. The services provided under Bulk Rate Contracts may include, without limitation, cable television services, telecommunications services, internet access services, "broadband" services, security services, trash pick-up services, propane service, natural gas service, lawn maintenance services, wastewater services, and any other services of any kind or nature which are considered by the Board to be beneficial to all or a portion of the Property. Each Bulk Rate Contract must be approved in advance and in writing by the Declarant until expiration or termination of the Development Period.

"Bylaws" means the Bylaws of the Association.

"Certificate" means the Certificate of Formation of the Association, filed in the Office of the Secretary of State of Texas, as the same may be amended from time to time "City" means the City of Princeton, Texas.

"Code" means the ordinances, rules and regulations adopted by the City as they now exist, or as they may be amended from time to time.

Unofficial "Common Area" means any property and facilities that the Association owns or in which it otherwise holds rights or obligations, including any property or facilities held by the Declarant for the benefit of the Association or its Members. Common Area includes any property that the Association holds under a lease, license, or any easement in favor of the Association. Some Common Area will be solely for the common use and enjoyment of the Owners, while other

any property that the Association holds under a lease, license, or any easement in favor of the Association. Some Common Area will be solely for the common use and enjoyment of the Owners, while other portions of the Common Area may be for the use and enjoyment of the Owners and members of the public.

"Community Manual" means the community manual of the Association, which may be initially adopted and Recorded by the Declarant as part of the initial project documentation for the benefit of the Association and the Property. The Community Manual may include the Bylaws, Rules and Regulations and other policies governing the Association. The Bylaws, Rules and Regulations and other policies set forth in the Community Manual may be amended or supplemented, from time to time by the Declarant until expiration or termination of the Development Period. Any amendment to the Bylaws, Rules and Regulations and other policies governing the Association prosecuted by the Board must be approved in advance and in writing by the Declarant until expiration or termination of the Development Period. Upon expiration or termination of the Development Period, the Community Manual may be amended or supplemented by a Majority of the Board.

"Community Systems" means any and all cable television, telecommunications, alarm/monitoring, internet, telephone or other lines, conduits, wires, amplifiers, towers, antennas, satellite dishes, equipment, materials and installations and fixtures (including those based on, containing and serving future technological advances not now known), if installed by Declarant pursuant to any grant of easement or authority by Declarant within the Property.

4876-4721-9567v.3 52952-96 3 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED

t now known), if installed by Declarant pursuant to any grant of easement or authority by Declarant within the Property.

4876-4721-9567v.3 52952-96 3 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 2023000119879 10/18/2023 11:36 AM Page 10 of 86 "Declarant" means FORESTAR (USA) REAL ESTATE GROUP INC., a Delaware corporation, its successors or assigns; provided that any assignment(s) of the rights of FORESTAR (USA) REAL ESTATE GROUP INC., a Delaware corporation, as Declarant, must be expressly set forth in writing and Recorded.

Declarant enjoys special rights and privileges to help protect its investment in the Property. These special rights are described in this Declaration. Many of these rights do not terminate until either Declarant: (i) has conveyed all Lots which may be created out of the Property; or (ii) voluntarily terminates these rights by a Recorded written instrument.

"Design Guidelines" means the standards for design, construction, landscaping, and exterior items proposed to be placed on any Lot adopted pursuant to Section 7.2.3 as the same may be amended from time to time. The Design Guidelines may consist of multiple written design guidelines applying to specific portions of the Property. At Declarant's option, Declarant may adopt or amend from time to time the Design Guidelines for the Property or any portion thereof. Notwithstanding anything in this Declaration to the contrary, the Declarant will have no obligation to establish Design Guidelines for the Property of any portion thereof.

ficia "Development Period" means the period time beginning on the date when this Declaration has been Recorded, and ending twenty (20) years thereafter, unless earlier terminated

any portion thereof.

ficia "Development Period" means the period time beginning on the date when this Declaration has been Recorded, and ending twenty (20) years thereafter, unless earlier terminated by a Recorded written instrument executed by the Declarant. Declarant may terminate the Development Period by an instrument executed by Declarant and Recorded. The Development Period is the period in which Declarant reserves the right to facilitate the development, construction, and marketing of the Property, and the right to direct the size, shape and composition of the Property. The Development Period is for a term of years and does not require that Declarant own any portion of the Property.

"Homebuilder" means an Owner (other than the Declarant) who acquires a Lot for the construction of a single family residence for resale to a third party.

"Improvement" means all physical enhancements and alterations to the Property, including but not limited to grading, clearing, removal of trees, alteration of drainage flow, and site work, and every structure and all appurtenances of every type and kind, whether temporary or permanent in nature, including, but not limited to, buildings, outbuildings, storage sheds, patios, tennis courts, sport courts, recreational facilities, swimming pools, putting greens, garages, driveways, parking areas and/or facilities, storage buildings, sidewalks, fences, gates, screening walls, retaining walls, stairs, patios, decks, walkways, landscaping, mailboxes, poles, signs, antennas, exterior air conditioning equipment or fixtures, exterior lighting fixtures, water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with water, sewer, gas, electric,

ures, water softener fixtures or equipment, and poles, pumps, wells, tanks, reservoirs, pipes, lines, meters, antennas, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities.

4 4876-4721-9567v.3 52952-96 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 11 of 86 "Lot" means any portion of the Property designated by Declarant or as shown as a subdivided Lot on a Plat other than Common Area.

"Majority" means more than half, i.e., greater than fifty percent (>50%).

"Manager" has the meaning set forth in Section 4.5.8.

"Maximum Number of Lots" means the maximum number of Lots that may be created and made subject to the terms and provisions of this Declaration. The Maximum Number of Lots for the purpose of this Declaration is three hundred fifty (350). Until expiration or termination of the Development Period, Declarant may unilaterally increase or decrease the Maximum Number of Lots by Recorded written instrument.

"Members" means every person or entity that holds membership privileges in the Association.

"Mortgage" or "Mortgages" means any mortgage(s) or deed(s) of trust securing indebtedness and covering any Lot.

"Mortgagee" or "Mortgagees" means the holder(s) of any Mortgage(s).

nofficial "Owner" means the person(s), entity or entities, including Declarant, holding all or a portion of the fee simple interest in any Lot, but does not include the Mortgagee under a Mortgage prior to its acquisition of fee simple interest in such Lot pursuant to foreclosure of the lien of its Mortgage.

"Plat" means a Recorded subdivision plat of any portion of the Property, and any amendments thereto.

acquisition of fee simple interest in such Lot pursuant to foreclosure of the lien of its Mortgage.

"Plat" means a Recorded subdivision plat of any portion of the Property, and any amendments thereto.

"Property" means that certain real property located in Collin County, Texas, as more particularly described on Exhibit "A", attached hereto and incorporated herein for all purposes, subject to such additions thereto and deletions therefrom as may be made pursuant to Section 11.3 and Section 11.4 of this Declaration.

"Record, Recording Recordation and Recorded" means recorded or to be recorded in the Official Public Records of Collin County, Texas.

the Lot.

"Resident" means an occupant or tenant of a Lot, regardless of whether the person owns "Restrictions" means the restrictions, covenants, and conditions contained in this Declaration, the Design Guidelines, Bylaws, Community Manual, Rules and Regulations, or in 4876-4721-9567v.3 52952-96 5 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 12 of 86 any other rules and regulations promulgated by the Association pursuant to this Declaration, as adopted and amended from time to time. See Table 1 for a summary of the Restrictions.

"Rules and Regulations” means any instrument, however denominated, which may be adopted by the Declarant as part of the Community Manual or subsequently adopted by the Board for the regulation and management of the Property or the Common Area, including any amendments to those instruments. Until expiration or termination of the Development Period, the Declarant may unilaterally amend the Rules and Regulations, and must approve any amendment to the Rules and Regulations adopted by the Board.

l expiration or termination of the Development Period, the Declarant may unilaterally amend the Rules and Regulations, and must approve any amendment to the Rules and Regulations adopted by the Board.

"Solar Energy Device” means a system or series of mechanisms designed primarily to provide heating or cooling or to produce electrical or mechanical power by collecting and transferring solar-generated energy. The term includes a mechanical or chemical device that has the ability to store solar-generated energy for use in heating or cooling or in the production of power.

no ficial Declaration (Recorded) TABLE 1: RESTRICTIONS Certificate of Formation (Recorded) Bylaws (Recorded) Community Manual (Recorded) Design Guidelines (if adopted, Recorded) Rules and Regulations (if adopted, Recorded) Board Resolutions (adopted by the Board of the Association) Notice of Withdrawal of Land (Recorded) Notice of Addition of Land (Recorded) Creates obligations that are binding upon the Association and all present and future owners of Property.

Establishes the Association as a Texas nonprofit corporation.

Governs the Association's internal affairs, such as elections, meetings, etc.

Establishes Rules and Regulations and policies governing the Association.

Governs the design and architectural standards for the construction of Improvements and modifications thereto. The Declarant shall have no obligation to adopt the Design Guidelines.

Regulates the use of property, activities, and conduct within the Property or the Common Area.

Establishes rules, policies, and procedures for the Property, Owners and Association.

Withdraws and removes land from the Property so that such land is no longer burdened by the terms of this Declaration and no longer under the jurisdiction of the Association.

, Owners and Association.

Withdraws and removes land from the Property so that such land is no longer burdened by the terms of this Declaration and no longer under the jurisdiction of the Association.

Adds additional land to the Property, so such land will be considered part of the Property and subject to the 6 4876-4721-9567v.3 52952-96 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 13 of 86 Notice of Plat Recordation (Recorded) terms of this Declaration and under the jurisdiction of the Association.

Identifies specific residential Lots within a Plat. Upon recordation of a Notice of Plat Recordation, the Property included within the Plat not comprising a residential Lot will automatically be withdrawn from the terms and provisions of this Declaration. Declarant shall have no obligation to Record a Notice of Plat Recordation.

ARTICLE 2 GENERAL AND USE RESTRICTIONS All of the Property shall be owned, held, encumbered, leased, used, occupied, and enjoyed subject to the following limitations and restrictions: 2.1 GENERAL.

2.1.1 Conditions and Restrictions. All Lots within the Property will be owned, held, encumbered, leased, used, occupied and enjoyed subject to the Restrictions and Applicable Law, including but not limited to the Code.

Unofficial 2.1.2 Ordinances. Ordinances and requirements imposed by local governmental authorities are applicable to all Lots within the Property. Compliance with the Restrictions is not a substitute for compliance with Applicable Law. Please be advised that the Restrictions do not purport to list or describe each restriction which may be applicable to a Lot located within the Property. Each Owner is advised to review all

cable Law. Please be advised that the Restrictions do not purport to list or describe each restriction which may be applicable to a Lot located within the Property. Each Owner is advised to review all ordinances, requirements, regulations and encumbrances affecting the use and improvement of their Lot prior to submitting plans to the ACC for approval. Furthermore, approval by the ACC should not be construed by the Owner that any Improvement complies with the terms and provisions of any ordinances, requirements, regulations or encumbrances which may affect the Owner's Lot. Certain encumbrances may benefit parties whose interests are not addressed by the ACC.

NOTICE The Restrictions are subject to change from time to time. By owning or occupying a Lot you agree to remain in compliance with the Restrictions, as they may change from time to time 2.2 CONCEPTUAL PLANS. All master plans, site plans, brochures, illustrations, information and marketing materials relating to the Property or the Common Area (collectively, the "Conceptual Plans") are conceptual in nature and are intended to be used for illustrative purposes only. The land uses and Improvements, including but not limited to any amenity centers, reflected on the Conceptual Plans are subject to change at any time and from time to time, 7 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4876-4721-9567v.3 52952-96 2023 2023000119879 10/18/2023 11:36 AM Page 14 of 86 land or and it is expressly agreed and understood that land uses within the Property or the Common Area may include uses which are not shown on the Conceptual Plans. Neither Declarant nor any Homebuilder or other developer of any portion of the Property or the Common Area makes any

ty or the Common Area may include uses which are not shown on the Conceptual Plans. Neither Declarant nor any Homebuilder or other developer of any portion of the Property or the Common Area makes any representation or warranty concerning such land uses and Improvements shown on the Conceptual Plans or otherwise planned for the Property or the Common Area and it is expressly agreed and understood that no Owner will be entitled to rely upon the Conceptual Plans or any statements made by the Declarant or any of Declarant's representatives regarding the proposed land uses, or proposed or planned Improvements in making the decision to purchase any Improvements within the Property. Each Owner who acquires a Lot within the Property acknowledges that development of the Property and/or the Common Area will likely extend over many years, and agrees that the Association will not engage in, or use Association funds to support, protest, challenge, or make any other form of objection to development of the Property or the Common Area or changes in the Conceptual Plans as they may be amended or modified from time to time.

2.3 SINGLE-FAMILY RESIDENTIAL USE. The Lots shall be used solely for private single family residential purposes.

Unofficial No professional, business, or commercial activity to which the general public is invited shall be conducted on any Lot, except an Owner or Resident may conduct business activities within a residence so long as: (i) such activity complies with all Applicable Law; (ii) the business activity is conducted without the employment of persons other than the residents of the home constructed in the Lot; (iii) the business activity does not involve customers, contractors, clients,

iness activity is conducted without the employment of persons other than the residents of the home constructed in the Lot; (iii) the business activity does not involve customers, contractors, clients, or the general public visiting the residence to conduct activities related to the business; (iv) the existence or operation of the business activity is not apparent or detectable by sight, i.e., no sign may be erected advertising the business on any Lot sound, or smell from outside the residence; (v) the business activity does not involve door-to-door solicitation of residents within the Property; (vi) the business does not, in the Board's judgment, generate a level of vehicular or pedestrian traffic or a number of vehicles parked within the Property which is noticeably greater than that which is typical of residences in which no business activity is being conducted; (vii) the business activity is consistent with the residential character of the Property and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Property as may be determined in the sole discretion of the Board; and (viii) the business does not require the installation of any machinery other than that customary to normal household operations. In addition, for the purpose of obtaining any business or commercial license, neither the residence nor Lot will be considered open to the public. The terms "business" and "trade" as used in this provision, shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons

dinary, generally accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (a) such activity is engaged in full or part-time; (b) such activity is intended to or does generate a profit; or (c) a license is required.

8 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4876-4721-9567v.3 52952-96 2023 2023000119879 10/18/2023 11:36 AM Page 15 of 86 Leasing of a residence shall not be considered a business or trade within the meaning of this subsection. This subsection shall not apply to any activity conducted by the Declarant or a Homebuilder.

Notwithstanding any provision in this Declaration to the contrary, until the expiration or termination of the Development Period: 2.4 (i) Declarant and/or its licensees may construct and maintain upon portions of the Common Area, any Lot, or portion of the Property owned by the Declarant, such facilities and may conduct such activities which, in Declarant's sole opinion, may be reasonably required, convenient, or incidental to the construction or sale of single family residences constructed upon the Lots, including, but not limited to, business offices, signs, model homes and sales offices. Declarant and/or its licensees shall have an easement over and atross the Common Area for access and use of such facilities at no charge; and (ii) Declarant and/or its licensees will have an access easement over and across the Common Area for the purpose of making, constructing and installing Improvements upon the Common Area.

o charge; and (ii) Declarant and/or its licensees will have an access easement over and across the Common Area for the purpose of making, constructing and installing Improvements upon the Common Area.

official SUBDIVIDING. No Lot shall be further divided or subdivided, nor may any easements or other interests therein less than the whole be conveyed by the Owner thereof without the prior written approval of the ACC; provided, however, that when Declarant is the Owner thereof, Declarant may further divide and subdivide any Lot and convey any easements or other interests less than the whole, all without the approval of the ACC.

2.5 HAZARDOUS ACTIVITIES. No activities may be conducted on or within the Property and no Improvements may be constructed on or within any portion of the Property which, in the opinion of the Board, are or might be unsafe or hazardous to any person or property.

All vehicles that transport flammable or explosive cargo are prohibited from the Property at all times. Without limiting the generality of the foregoing, no firearms or fireworks may be discharged upon any portion of the Property unless discharged in conjunction with an event approved in advance by the Board and no open fires may be lighted or permitted except within safe and well-designed fireplaces or in contained barbecue units while attended and in use for cooking purposes. No portion of the Property may be used for the takeoff, storage, or landing of aircraft (including without limitation, helicopters) except for medical emergencies.

2.6 INSURANCE RATES. Nothing shall be done or kept on the Property which would increase the rate of casualty or liability insurance or cause the cancellation of any such

xcept for medical emergencies.

2.6 INSURANCE RATES. Nothing shall be done or kept on the Property which would increase the rate of casualty or liability insurance or cause the cancellation of any such insurance on the Common Area, or the Improvements located thereon, without the prior written approval of the Board.

9 4876-4721-9567v.3 52952-96 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 2023000119879 10/18/2023 11:36 AM Page 16 of 86 2.7 MINING AND DRILLING. Unless otherwise provided in Article 9, no portion of the Property may be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing oil, gas, or other hydrocarbons, minerals of any kind, rocks, stones, sand, gravel, aggregate, or earth. This provision will not be construed to prevent the excavation of rocks, stones, sand, gravel, aggregate, or earth or the storage of such material for use as fill provided that such activities are conducted in conjunction with the construction of Improvements and/or the development of the Property by the Declarant. Furthermore, this provision will not be interpreted to prevent the drilling of water wells by the Declarant or otherwise approved in advance by the ACC which are required to provide water to all or any portion of the Property.

All water wells must also be approved in advance by any applicable regulatory authority.

2.8 NOISE. No noise or other nuisance, as determined in the sole discretion of the Board, shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its Residents.

ial 2.9 ANIMALS - HOUSEHOLD PETS. No animats, including pigs, hogs, swine,

on any portion of the Property so as to be offensive or detrimental to any other portion of the Property or to its Residents.

ial 2.9 ANIMALS - HOUSEHOLD PETS. No animats, including pigs, hogs, swine, poultry, fowl, wild animals, horses, cattle, sheep, goats, for any other type of animal not considered to be a domestic household pet within the ordinary meaning and interpretation of such words may be kept, maintained, or cared for on or within the Property (as used in this paragraph, the term "domestic household pet” shall not mean or include non-traditional pets such pot-bellied pigs, miniature horses exotic snakes or lizards, monkeys, chickens or other exotic animals). The Board may determine in its sole discretion, whether a particular pet is a domestic household pet within the ordinary meaning and interpretation of such words. No Owner may keep on such Owner's Lot more than three (3) cats and dogs, in the aggregate. No animal may be allowed to make an unreasonable amount of noise, or to become a nuisance, and no domestic pets will be allowed on the Property other than within the Owner's residence, or the fenced yard space associated therewith, unless confined to a leash. The Association may restrict pets to certain areas on the Property. No animal may be stabled, maintained, kept, cared for, or boarded for hire or remuneration on the Property, and no kennels or breeding operation will be allowed. No animal may be allowed to run at large, and all animals must be kept within enclosed areas which must be clean, sanitary, and reasonably free of refuse, insects, and waste at all times.

No pet may be left unattended in yards or other outside areas. All pet waste will be removed and appropriately disposed of by the owner of the pet. All pets must be registered, licensed and

all times.

No pet may be left unattended in yards or other outside areas. All pet waste will be removed and appropriately disposed of by the owner of the pet. All pets must be registered, licensed and inoculated as required by Applicable Law. If the Board determines, in its sole discretion, that a pet becomes a source of unreasonable annoyance to others, or the owner of the pet fails or refuses to comply with these restrictions, the Owner, upon written notice, may be required to remove the pet from the Property. Further, no animal kept, maintained, or cared for on or within the Property may be noxious, offensive, vicious or dangerous, as determined by the Board in its sole and absolute discretion. The Board in its sole and absolute discretion may require documented observations of vicious or dangerous conduct. In the event an animal attacks a person or other animal on the Property, such an attack shall (i) be deemed a threat to public health or safety and an "uncurable" violation as defined in Texas Property Code Section 209.006; and (ii) constitute a 10 4876-4721-9567v.3 52952-96 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 17 of 86 violation of this Declaration and may subject the Owner to fines and penalties, including, without limitation, the imposition of conditions on the animal remaining on the Property or the permanent removal of the animal from the Property.

2.10 RUBBISH AND DEBRIS. As determined by the Board, no rubbish or debris of any kind may be placed or permitted to accumulate on or within the Property, and no odors will be permitted to arise therefrom so as to render all or any portion of the Property unsanitary,

debris of any kind may be placed or permitted to accumulate on or within the Property, and no odors will be permitted to arise therefrom so as to render all or any portion of the Property unsanitary, unsightly, offensive, or detrimental to any other property or Residents. Refuse, garbage, and trash must be kept at all times in covered containers, and such containers must be kept within enclosed structures or appropriately screened from public view. Each Owner will contract with an independent disposal service to collect all garbage or other wastes, if such service is not provided by a governmental entity or the Association.

2.11 MAINTENANCE. The Owners of each Lot shall jointly and severally have the duty and responsibility, at their sole cost and expense, to keep their Lot and all Improvements thereon in good condition and repair and in a well-maintained, safe, clean and attractive condition at all times. The Board, in its sole discretion, shall determine whether a violation of the maintenance obligations set forth in this Section 2.11 has occurred. Such maintenance includes, but is not limited to the following, which shall be performed in a timely manner, as determined by the Board, in its sole discretion: (i) Prompt removal of all Inter, trash, befuse, and wastes.

Unofficial (ii) Lawn mowing and edging.

(iii) Tree and shrub pruning Replacement of dead trees and other dead landscaping.

Keeping exterior lighting and mechanical facilities in working Keeping lawn and garden areas alive, free of weeds, and attractive.

(viii) Keeping planting beds free of turf grass and weeds.

(ix) Keeping sidewalks, curbs, tree wells, landscape borders, walkways, alleys and driveways in good repair.

(x) Complying with Applicable Law.

(xi) Repainting of Improvements.

11

urf grass and weeds.

(ix) Keeping sidewalks, curbs, tree wells, landscape borders, walkways, alleys and driveways in good repair.

(x) Complying with Applicable Law.

(xi) Repainting of Improvements.

11 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4876-4721-9567v.3 52952-96 2023 2023000119879 10/18/2023 11:36 AM Page 18 of 86 2.12 (xii) Repair of exterior damage, and wear and tear to Improvements.

ASSOCIATION'S MAINTENANCE RIGHT. The Board shall have the right, but not the duty, to designate portions of Lots (including the exterior of single-family residences thereon), for maintenance by the Association at the Lot Owner's expense. The designation by the Board may be based on circumstantial categories, such as vacant lots, unoccupied residences, or on the Association's experience with a particular Owner or category of Owners. The type of maintenance designated by the Board for performance by the Association is not required to be uniform for all designated lots, and may change from time to time, as determined in the Board's sole discretion. The Board's designation may be based on several considerations, including but not limited to, the Board's reasonable belief that an Owner is not able or willing to maintain his or her Lot in accordance with the requirements set forth in this Declaration. The Board, its sole discretion, shall determine all aspects of the maintenance to be performed by the Association pursuant to a designation contemplated by this Section 2.12, including, but not limited to, the scope, quality, quantity, frequency, timing, cost and the performer. The full cost of all expenses incurred pursuant to this Section 2.12 to maintain, repair or replace an Owner's Lot shall be an

the scope, quality, quantity, frequency, timing, cost and the performer. The full cost of all expenses incurred pursuant to this Section 2.12 to maintain, repair or replace an Owner's Lot shall be an Individual Assessment against such Owner's Lot, secured by a lien against such Owner's Lot and collectable in the same manner as provided in Section 6.10 of this Declaration. In the event of any conflict between the terms and provisions of this Section 2.12, if any, and the terms and provisions of any of the Restrictions, the terms and provisions of this Section 2 12 will control.

2.13 STREET LANDSCAPE AREA-OWNER'S OBLIGATION TO MAINTAIN LANDSCAPING. Each Owner will be responsible, at such Owner's sole cost and expense, for maintaining mowing, replacing, pruning, and irrigating the landscaping between the boundary of such Owner's Lot and the curb of any adjacent right-of-way, street or alley (the "ST Landscape Area") unless the responsibility for maintaining the ST Landscape Area is performed by the Association and/or the City. If the maintenance of any ST Landscape Area is the responsibility of the City, and the City fails to properly maintain the ST Landscape Area, as determined in the sole and absolute discretion of the Board, the Association, if allowed by Applicable Law, may have the responsibility for maintaining such ST Landscape Area and the costs incurred, or estimated to be incurred, by the Association shall be discharged through Assessments.

2.14 ANTENNAS. Except as expressly provided below, no exterior radio or television antennas or aerial or satellite dish or disc, shall be erected, maintained or placed on a Lot without the prior written approval of the ACC; provided, however, that: (i) an antenna designed to receive direct broadcast services, including

or disc, shall be erected, maintained or placed on a Lot without the prior written approval of the ACC; provided, however, that: (i) an antenna designed to receive direct broadcast services, including direct-to-home satellite services, that is one meter or less in diameter; or (ii) an antenna designed to receive video programming services via multipoint distribution services, including multi-channel multipoint distribution 4876-4721-9567v.3 52952-96 12 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 19 of 86 services, instructional television fixed services, and local multipoint distribution services, that is one meter or less in diameter or diagonal measurement; or signals; (iii) an antenna that is designed to receive television or radio broadcast (collectively, (i) through (iii) are referred to herein as the "Permitted Antennas") will be permitted subject to reasonable requirements as to location and screening as may be set forth in rules adopted by the ACC, consistent with Applicable Law, in order to minimize obtrusiveness as viewed from streets and adjacent property. Declarant and/or the Association will have the right, but not the obligation, to erect an aerial, satellite dish, or other apparatus for a master antenna, cable, or other communication system for the benefit of all or any portion of the Property.

2.15 LOCATION OF PERMITTED ANTENNAS.

A Permitted Antenna may be installed solely on the Owner's Lot and shall not encroach upon any street, Common Area, or any other portion of the Property. A Permitted Antenna shall be installed in a location on the Lot from which an acceptable quality signal can be obtained and where least visible from the street

a, or any other portion of the Property. A Permitted Antenna shall be installed in a location on the Lot from which an acceptable quality signal can be obtained and where least visible from the street and the Property, other than the Lot. In order of preference, the locations of a Permitted Antenna which will be considered least visible by the ACC are as follows: nofficial (i) Attached to the back of the principal single-family residence constructed on the Lot, with no part of the Permitted Antenna any higher than the roof fascia, soffit, or bargeboard and screened from view of adjacent Lots and the street; then (ii) Attached to the side of the principal single-family residence constructed on the Lot, with no part of the Permitted Antenna any higher than the roof fascia, soffit, or bargeboard and screened from view of adjacent Lots and the Notwithstanding the foregoing, Permitted Antennas may not be attached or installed on the front of any residence or in the front yard of any Lot unless an Owner provides evidence to the ACC that a quality signal cannot be obtained from anywhere else on the residence or Lot. The ACC may, from time to time, modify, amend, or supplement the rules regarding installation and placement of Permitted Antennas.

Satellite dishes one meter or less in diameter, e.g., DirecTV or Dish satellite dishes, are permitted, HOWEVER, you are required to comply with the rules regarding installation and placement. These rules may be modified by the ACC from time to time. Please contact the ACC for the current rules regarding installation and placement.

4876-4721-9567v.3 52952-96 13 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 20 of 86

placement.

4876-4721-9567v.3 52952-96 13 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 20 of 86 2.16 SIGNS. Unless otherwise prohibited by Applicable Law, no sign of any kind may be displayed to the public view on any Lot without the prior written approval of the ACC, except for: (i) signs which are expressly permitted pursuant to the Design Guidelines or Rules and Regulations; (ii) signs which are part of Declarant or Homebuilder's overall marketing, sale, or construction plans or activities for the Property; (iii) one (1) temporary "For Sale" or "Available" sign placed on the not.

The sign must be professionally made and shall be limited to a maximum face area of five (5) square feet on each visible side and, if free standing, is mounted on a single or frame post. The overall height of the sign front the finished grade of the Lot at the spot where the sign is located may not exceed four (4) feet. The sign must be removed within two (2) business days following the sale of the Lot; (iv) candidate or measure signs may be erected provided the sign: (a) is erected no earlier than the 90th day before the date of the election to which the sign relates; (b) is removed no later than the 10th day after the date of the election to which the sign relates; and (c) is ground-mounted. Only one sign may be erected for each candidate or measure. In addition, signs which include any of the components or characteristics described in Section 259.002(d) of the Texas Election Code are prohibited; (v) a maximum of two (2) school spirit or youth affiliated signs shall be permitted, provided the sign(s): (a) is located in the landscaping bed of the front

of the Texas Election Code are prohibited; (v) a maximum of two (2) school spirit or youth affiliated signs shall be permitted, provided the sign(s): (a) is located in the landscaping bed of the front yard and blends in with the existing landscaping; (b) is no larger than 36" x 42" and does not exceed five feet (5) in height above natural ground; (c) is constructed of wood, plastic or metal and are not flags or banners, as determined in the sole and absolute discretion of the Board; (d) is kept in good condition and repair, as determined in the sole and absolute discretion of the Board; (e) does not cause embarrassment, discomfort and/or annoyance to other Owners, as determined in the sole and absolute discretion of the Board; and (f) does not contain any telephone numbers or commercial advertisements; (vi) permits as may be required by legal proceedings; and (vii) permits as may be required by any governmental entity; and (viii) one (1) "no soliciting" and "security warning" sign near or on the front door to the residence, provided, that the sign may not exceed twenty-five (25) square inches.

14 4876-4721-9567v.3 52952-96 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 21 of 86 For Lease and For Rent signs are expressly prohibited.

2.17 FLAGS - APPROVAL REQUIREMENTS. An Owner is permitted to display the flag of the United States of America, the flag of the State of Texas, an official or replica flag of any branch of the United States armed forces, or one (1) flag with official insignia of a college or university (“Permitted Flag”) and is permitted to install a flagpole no more than five feet (5′) in

any branch of the United States armed forces, or one (1) flag with official insignia of a college or university (“Permitted Flag”) and is permitted to install a flagpole no more than five feet (5′) in length affixed to the front of a residence near the principal entry or affixed to the rear of a residence ("Permitted Flagpole"). Only two (2) Permitted Flagpoles are allowed per residence.

A Permitted Flag or Permitted Flagpole need not be approved in advance by the ACC. Approval by the ACC is required prior to installing vertical freestanding flagpoles installed in the front or back yard area of any Lot ("Freestanding Flagpole").

2.18 FLAGS INSTALLATION AND DISPLAY.

Unless otherwise approved in advance and in writing by the ACC, Permitted Flags, Permitted Flagpoles and Freestanding Flagpoles, installed in accordance with the Flagpole Application, must comply with the following: (i) No more than one (1) Freestanding Flagpole OR no more than two (2) Permitted Flagpoles are permitted per Lot, on which only Permitted Flags may be displayed; (ii) Any Permitted Flagpole must be no longer than five feet (5') in length and any Freestanding Flagpole must be no more than twenty feet (20′) in height; Unofficial (iii) Any Permitted Flag displayed on either a Permitted Flagpole or a Freestanding Flagpole may not be more than three feet in height by five feet in width (3'x5'); With the exception of flags displayed on Common Area or any Lot which is being used for marketing purposes by the Declarant or a Homebuilder, the flag of the United States of America must be displayed in accordance with 4 U.S.C. Sections 5-10 and the flag of the State of Texas must be displayed in accordance with Chapter 3100 of the Texas Government Code;

United States of America must be displayed in accordance with 4 U.S.C. Sections 5-10 and the flag of the State of Texas must be displayed in accordance with Chapter 3100 of the Texas Government Code; The display of a Permitted Flag, or the location and construction of a Permitted Flagpole or Freestanding Flagpole must comply with all Applicable Law, easements and setbacks of record; (vi) Each Permitted Flagpole and Freestanding Flagpole must be constructed of permanent, long-lasting materials, with a finish appropriate to the materials used in the construction thereof and harmonious with the residence; 4876-4721-9567v.3 52952-96 15 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 22 of 86 2.19 (vii) Any Permitted Flag, Permitted Flagpole, and Freestanding Flagpole must be maintained in good condition and any deteriorated Permitted Flag or deteriorated or structurally unsafe Permitted Flagpole or Freestanding Flagpole must be repaired, replaced or removed; (viii) A Permitted Flag may be illuminated by no more than one (1) halogen landscaping light of low beam intensity which shall not be aimed towards or directly affect any neighboring Lot; and (ix) Any external halyard of a Permitted Flagpole or Freestanding Flagpole must be secured so as to reduce or eliminate noise from flapping against the metal of the Permitted Flagpole or Freestanding Flagpole TANKS. The ACC must approve any tank used or proposed in connection with a residence, including tanks for storage of fuel, water, oil, or liquid petroleum gas (LPG), and including swimming pool filter tanks. No elevated tanks of any kind may be erected, placed or

tion with a residence, including tanks for storage of fuel, water, oil, or liquid petroleum gas (LPG), and including swimming pool filter tanks. No elevated tanks of any kind may be erected, placed or permitted on any Lot without the advance written approval of the ACC. All permitted tanks must be screened from view in accordance with a screening plan approved in advance by the ACC. This provision will not apply to a tank used to operate a standard residential gas grill.

2.20 TEMPORARY STRUCTURES. No tent, shack, or other temporary building, Improvement, or structure shall be placed upon the Property without the prior written approval of the ACC; provided, however, that temporary structures necessary for storage of tools and equipment, and for office space for Declarant, Homebuilders, architects, and foremen during actual construction may be maintained with the prior approval of Declarant (unless placed by the Declarant), approval to include the nature, size, duration, and location of such structure.

2.21 OUTSIDE STORAGE BUILDINGS. Outside storage buildings located in a fenced rear yard of a Lot are allowed with the prior written approval of the ACC. One (1) permanent storage building will be permitted if: (i) the surface area of the pad on which the storage building is constructed is no more than one hundred (100) square feet; (ii) the height of the storage building, measured from the surface of the Lot to the peak of the roof of the storage building, is no more than nine (9) feet; (iii) the exterior of the storage building is constructed of the same or substantially similar materials and of the same color as the principal residential structure constructed on the Lot; (iv) the roof of the storage building is the same material and

ucted of the same or substantially similar materials and of the same color as the principal residential structure constructed on the Lot; (iv) the roof of the storage building is the same material and color as the roof of the principal residential structure constructed on the Lot; (v) the storage building is constructed within all applicable building setbacks; and (vi) the storage building is screened from view of the street. "Barn style" and metal sheds are prohibited. Notwithstanding the foregoing, ready-made or composite sheds are permitted as long as such sheds are no more than six feet (6') in height. No storage building may be visible from the street or any Common Area or used for habitation.

16 4876-4721-9567v.3 52952-96 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 23 of 86 2.22 UNSIGHTLY ARTICLES. No article deemed to be unsightly by the Board will be permitted to remain on any Lot so as to be visible from adjoining property or from public or private thoroughfares. Without limiting the generality of the foregoing, graders, trucks other than pickups, tractors, boats, wagons, buses, dirt bikes, motocross bikes, all-terrain vehicles and garden maintenance equipment shall be kept at all times except when in actual use, in enclosed structures or screened from view and no repair or maintenance work shall be done on any of the foregoing, or on any automobile (other than minor emergency repairs), except in enclosed garages or other structures. Trailers may not be stored on any Lot at any time, except for the purposes of loading and unloading cargo. The term "stored", as used in the preceding sentence,

n enclosed garages or other structures. Trailers may not be stored on any Lot at any time, except for the purposes of loading and unloading cargo. The term "stored", as used in the preceding sentence, shall mean a trailer not attached to any vehicle or a trailer parked in the same position overnight or for longer than eight (8) consecutive hours. Service areas, storage areas, compost piles shall be appropriately screened from view, and no lumber, grass, plant waste, shrub or tree chippings, metals, bulk materials, scrap, refuse or trash shall be kept, stored, or allowed to accumulate on any portion of the Property except within enclosed structures or appropriately screened from public view. Clotheslines and other facilities for hanging, drying or airing clothing or household fabrics are not permitted on any Lot at any time. No vehicles (including, without limitation, motorcycles or motor scooters) which are inoperable or do not have a current license tag or vehicle registration shall be permitted to remain on any Lot or to be parked on any roadway within the Property or Common Area. Unless operated by Declarant or a Homebuilder, no vehicles (including, without limitation, trucks, vans or commercial vehicles) with commercial writings on their exteriors shall be allowed temporarily within the Property and the Common Area during normal business hours for the purpose of serving a Lot or Common Area; provided, however, no such vehicle shall remain on the Property or the Common Area overnight without the Board's prior written consent. Notwithstanding the foregoing, an Owner who operates a commercial vehicle during the course of his or her business or occupation may store such vehicle in the garage; provided, however, such vehicle may not exceed the weight or capacity of an

o operates a commercial vehicle during the course of his or her business or occupation may store such vehicle in the garage; provided, however, such vehicle may not exceed the weight or capacity of an ordinary passenger vehicle.

2.23 MOBILE HOMES, TRAVEL TRAILERS AND RECREATIONAL VEHICLES.

No mobile homes, travel trailers of recreational vehicles shall be parked or placed on any street right of way, Lot, or used as a residence, either temporary or permanent, at any time.

Notwithstanding the foregoing, such vehicles may be parked or placed temporarily (i.e., not to exceed twenty-four (24) consecutive hours) while such vehicle is being loaded or unloaded.

2.24 BASKETBALL GOALS; PERMANENT AND PORTABLE. Permanent basketball goals are permitted in the front of the residence on a Lot provided the basketball goal is located at least ten feet (10′) away from the street curb. Permanent basketball goals are not permitted in any street right-of-way. The basketball goal backboard must be clear and perpendicular to the street and mounted on a green or black metal pole permanently installed in the ground. Portable basketball goals are permitted but must be stored in the rear of the Lot or inside the garage when not in immediate use. Portable basketball goals are not permitted in any street right-of-way, or placed in a way as to promote playing in the street, including cul-de-sacs.

17 4876-4721-9567v.3 52952-96 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 2023000119879 10/18/2023 11:36 AM Page 24 of 86 Basketball goals must be properly maintained and painted, and not supported with exterior weights (rocks, sand bags, bricks, etc.), with the net in good repair. Chain nets are prohibited.

an

24 of 86 Basketball goals must be properly maintained and painted, and not supported with exterior weights (rocks, sand bags, bricks, etc.), with the net in good repair. Chain nets are prohibited.

an 2.25 COMPLIANCE WITH RESTRICTIONS. Each Owner, his or her family, Residents of a Lot, tenants, and the guests, invitees, and licensees of the preceding shall comply strictly with the provisions of the Restrictions as the same may be amended from time to time.

Failure to comply with any of the Restrictions shall constitute a violation of the Restrictions and may result in a fine against the Owner in accordance with Section 6.12 of this Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief, or both, maintainable by the Declarant, the Board on behalf of the Association, the ACC, or aggrieved Owner. The result of every act or omission that violates any provision of the Restrictions is a nuisance, and any remedy allowed by law against a nuisance, either public or private, is applicable against the violation. Without limiting any rights or powers of the Association, the Board may (but shall not be obligated to) remedy or attempt to remedy any violation of any of the provisions of the Restrictions, and the Owner whose violation has been so remedied shall be personally liable to the Association for all costs and expenses of effecting (or attempting to effect) such remedy. If such Owner fails to pay such costs and expenses upon demand by the Association, such costs and expences plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-half percent (1-1/2%) per month) shall be assessed against and chargeable to the Owner's

d until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-half percent (1-1/2%) per month) shall be assessed against and chargeable to the Owner's Lot(s). Any such amounts assessed and chargeable against a Lot shall be secured by the liens reserved in this Declaration for Assessments and may be collected by any means provided in this Declaration for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner's Lot(s). Each such Owner shall release and hold harmless the Association and its officers, directors, employees and agents from any cost, loss, damage, expense, liability, claim or cause of action incurred or that may arise by reason of the Association's acts or activities under this Section 2.25 (including any cost, loss, damage, expense, liability, claim or cause of action arising out of the Association's negligence in connection therewith), except for such cost, loss, damage, expense, liability, claim or cause of action arising by reason of the Association's gross negligence or willful misconduct. "Gross negligence" as used herein does not include simple negligence, contributory negligence or similar negligence short of actual gross negligence.

2.26 LIABILITY OF OWNERS FOR DAMAGE TO COMMON AREA. No Owner shall in any way alter, modify, add to or otherwise perform any work upon the Common Area without the prior written approval of the Board and the Declarant during the Development Period. Each Owner shall be liable to the Association for any and all damages to: (i) the Common Area and any Improvements constructed thereon; or (ii) any Improvements constructed on any Lot, the maintenance of which has been assumed by the Association, which damages were caused

: (i) the Common Area and any Improvements constructed thereon; or (ii) any Improvements constructed on any Lot, the maintenance of which has been assumed by the Association, which damages were caused by the neglect, misuse or negligence of such Owner or Owner's family, or by any tenant or other Resident of such Owner's Lot, or any guest or invitee of such Owner or Resident. The full cost of all repairs of such damage shall be an Individual Assessment against such Owner's Lot, secured 18 4876-4721-9567v.3 52952-96 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 25 of 86 by a lien against such Owner's Lot and collectable in the same manner as provided in Section 6.10 of this Declaration.

2.27 NO WARRANTY OF ENFORCEABILITY. Declarant makes no warranty or representation as to the present or future validity or enforceability of the Restrictions. Any Owner acquiring a Lot in reliance on one or more of the Restrictions shall assume all risks of the validity and enforceability thereof and, by acquiring the Lot, agrees to hold Declarant harmless therefrom.

2.28 PARTY WALL FENCES AND WALLS. A fence, wall or shared driveway located on or near the dividing line between two (2) Lots and intended to benefit both Lots constitutes a "Party Wall" and, to the extent not inconsistent with the provisions of this Section 2.28, is subject to the general rules of law regarding party walls and liability for property damage due to negligence, willful acts, or omissions.

2.28.1 Encroachments & Easement. If the Party Wall is on one Lot due to an error in construction, the Party Wall is nevertheless deemed to be on the dividing line

gligence, willful acts, or omissions.

2.28.1 Encroachments & Easement. If the Party Wall is on one Lot due to an error in construction, the Party Wall is nevertheless deemed to be on the dividing line for purposes of this Section 2.28. Each Lot sharing a Party Wall is subject to an easement for the existence and continuance of any encroachment by the Party Wall as a result of construction, repair, shifting, settlement, movement in any portion of the Party Wall, so that the encroachment may remain undisturbed as long as the Party Wall stands. Each Lot is subject to a reciprocal easement for the maintenance, repair, replacement, or reconstruction of the Party Wall.

Unofficial 2.28.2 Right to Repair. If the Party Wall is damaged or destroyed from any cause, the Owner of either Lot may repair or rebuild the Party Wall to its previous condition, and the Owners of both Lots, their successors and assigns, have the right to the full use of the repaired or rebuilt Party Wall. No Party Wall may be constructed, repaired, or rebuilt without the advance written approval of the ACC in accordance with Article 7 of this Declaration.

2.28.3 Maintenance Costs. The Owners of the adjoining Lots share equally the costs of repair, reconstruction, or replacement of the Party Wall, subject to the right of one Owner to call for larger contribution from the other under any rule of law regarding liability for negligence or willful acts or omissions. If an Owner is solely responsible for damage to or destruction of the Party Wall, that Owner will bear the entire cost of repair, reconstruction, or replacement. If an Owner fails or refuses to pay his share of costs of repair or replacement of the Party Wall, the Owner advancing

, that Owner will bear the entire cost of repair, reconstruction, or replacement. If an Owner fails or refuses to pay his share of costs of repair or replacement of the Party Wall, the Owner advancing monies has a right to file a claim of lien for the monies advanced in the Official Public Records of Collin County, Texas, and has the right to foreclose the lien as if it were a mechanic's lien. The right of an Owner to require contribution from another Owner under this Section 2.28 is appurtenant to the Lot and passes to the Owner's successors in title.

4876-4721-9567v.3 52952-96 19 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 2023000119879 10/18/2023 11:36 AM Page 26 of 86 2.28.4 Alterations. The Owner of a Lot sharing a Party Wall may not cut openings in the Party Wall or alter or change the Party Wall in any manner that affects the use, condition, or appearance of the Party Wall to the adjoining Lot. The Party Wall will always remain in the same location as when erected unless otherwise approved by the Owner of each Lot sharing the Party Wall and the ACC.

2.28.5 Dispute Resolution. In the event of any dispute arising concerning a Party Wall, or under the provisions of this Section 2.28 (the "Dispute"), the parties shall submit the Dispute to mediation. Should the parties be unable to agree on a mediator within ten (10) days after written request therefore by the Board, the Board shall appoint a mediator. If the Dispute is not resolved by mediation, the Dispute shall be resolved by binding arbitration. Either party may initiate the arbitration. Should the parties be unable to agree on an arbitrator within ten (10) days after written request therefore by the Board,

be resolved by binding arbitration. Either party may initiate the arbitration. Should the parties be unable to agree on an arbitrator within ten (10) days after written request therefore by the Board, the Board shall appoint an arbitrator. The decision of the arbitrator shall be binding upon the parties and shall be in lieu of any right of legal action that either party may have against the other. In the event an Owner fails to properly and on a timely basis (both standards to be determined by the Board in the Board's sole and absolute discretion) implement the decision of the mediator or arbitrator, as applicable, the Board may implement said mediator's or arbitrator's decision, as applicable. If the Board implements the mediator's or arbitrator's decision on behalf of an Owner, the Owner otherwise responsible therefor will be personally liable to the Association for all costs and expenses incurred by the Association in conjunction therewith. Istich Owner fails to pay such costs and expenses upon demand by the Association, such costs and expenses (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, at the rate of one and one-half percent (12%) per month) will be assessed against and chargeable to the Owner's Lot(s). Any such amounts assessed and chargeable against a Lot hereunder will be secured by the liens reserved in this Declaration for Assessments and may be collected by any means provided in this Declaration for the collection of Assessments, including, but not limited to, foreclosure of such liens against the Owner's Lot(s) 2.29 PLAYSCAPES, SPORTS EQUIPMENT AND SPORTS COURTS. Playscapes, sports equipment and sport courts are permissible at the sole discretion of the ACC. Metal swing

such liens against the Owner's Lot(s) 2.29 PLAYSCAPES, SPORTS EQUIPMENT AND SPORTS COURTS. Playscapes, sports equipment and sport courts are permissible at the sole discretion of the ACC. Metal swing sets are prohibited. Swing sets shall have a maximum height of eight (8) feet, playscapes, playhouses or forts shall have a green canvas or wood roof with a maximum roof peak height of twelve (12) feet If allowed, these facilities must be properly sited and screened in rear of dwelling so as to minimize the visual and audio impact of the facility on adjacent properties. Sport Courts may not be lighted or enclosed with netting. Tennis courts are not permitted.

2.30 DECORATIONS, YARD ART AND LIGHTING. No decorative appurtenances such as sculptures, birdbaths and birdhouses, fountains, or other decorative embellishments shall be placed on the residence or on the front yard or on any other portion of a Lot which is visible 4876-4721-9567v.3 52952-96 20 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 27 of 86 from any street, unless such specific items have been approved in writing by the ACC.

Customary seasonal decorations for holidays are permitted without approval by the ACC but shall not be displayed earlier than thirty (30) days prior to the applicable holiday or later than thirty (30) days after the applicable holiday. Outside lighting fixtures shall be placed so as to illuminate only the yard of the applicable Lot and so as not to affect or reflect into surrounding residences or yards. No mercury vapor, sodium or halogen light shall be installed on any Lot which is visible from any street unless otherwise approved by the ACC.

o affect or reflect into surrounding residences or yards. No mercury vapor, sodium or halogen light shall be installed on any Lot which is visible from any street unless otherwise approved by the ACC.

2.31 EXTERIOR WINDOW AIR CONDITIONING UNITS. No exterior window air conditioning units are permitted on any Lot without the advance written approval of the ACC.

Cial 2.32 WINDOW TREATMENTS. An Owner may install window treatments inside the residence constructed on his or her Lot, provided that the window treatments including drapes, blinds, shades or shutters, must appear to be (i) clear, (ii) white, (in) near-white light neutral; or (iv) light wood tone when viewed from adjacent property. The use of newspaper, bed sheets, tablecloths, or other obviously non-drapery fabrics, aluminum foil, and reflective materials as window treatments are expressly prohibited.

2.33 SHARED MAILBOXES. Several mailbox kiosks (the "Shared Mailboxes") have been installed by Declarant to serve the Owners. Such Shared Mailboxes are hereby designated as Common Area, and the Association shall maintain the Shared Mailboxes in good condition and repair in accordance with United States Postal Service requirements. The costs incurred, or estimated to be incurred, by the Association for maintenance of the Shared Mailboxes shall be discharged through Assessments. Notwithstanding the foregoing, individual Owners are required to replace the locks and/or keys as needed and are responsible for the cost associated therewith. Neither the Association, the Declarant nor any Homebuilder shall be responsible for any locks or key replacements.

2.34 RENTALS. Nothing in this Declaration shall prevent the rental of any Lot and the

Neither the Association, the Declarant nor any Homebuilder shall be responsible for any locks or key replacements.

2.34 RENTALS. Nothing in this Declaration shall prevent the rental of any Lot and the Improvements thereon by the Owner thereof for residential purposes; provided that all rentals must be for terms of at least twelve (12) months. All leases shall be in writing. The Owner must provide to its lessee copies of the Restrictions and shall notify its lessee of any changes or additions thereto. Notice of any lease, together with such additional information as may be required by the Board, will be remitted to the Association by the Owner on or before the expiration of ten (10) days after the effective date of the lease. Notwithstanding the foregoing, Declarant and its affiliates shall be exempt from the rental restrictions contained in this Section 2.34, and this Section 2.34 may not be amended or modified without Declarant's written and acknowledged consent.

2.35 TRASH CONTAINERS. Unless it is within twelve (12) hours before or after the designated trash and recycling pickup time, trash containers and recycling bins must be stored inside the garage of the single-family residence constructed on the Lot or in such a manner that 4876-4721-9567v.3 52952-96 21 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 2023000119879 10/18/2023 11:36 AM Page 28 of 86 the trash container and recycling bin is not visible from any street. The Board shall have the right to specify additional locations on each Owner's Lot in which trash containers or recycling bins must be stored.

2.36 PARKING. All Owners and Residents are encouraged to park vehicles in the

the right to specify additional locations on each Owner's Lot in which trash containers or recycling bins must be stored.

2.36 PARKING. All Owners and Residents are encouraged to park vehicles in the garage on their Lot and use the driveways on their Lot as overflow parking. On street parking is limited to guests and visitors. No vehicle may obstruct the flow of traffic, constitute a nuisance, or otherwise create a safety hazard, as determined by the Board in its sole discretion. No vehicle may be parked in a manner that obstructs mailboxes or otherwise blocks ingress and egress to any part of the Property by an emergency vehicle, as determined by the Board in its sole discretion. The parking of vehicles in the yard of any Lot is not permitted.

Unofficial 2.37 RELEASE AND INDEMNITY. EACH OWNER AND OWNER'S FAMILY MEMBERS, GUESTS, TENANTS, INVITEES, AGENTS, AND CONTRACTORS EACH, A "USER" HEREIN) HEREBY RELEASE AND HOLD HARMLESS THE ASSOCIATION, DECLARANT, THE ACC AND THEIR AFFILIATES, OFFICERS, DIRECTORS, COMMITTEE MEMBERS, EMPLOYEES AND AGENTS FROM ANY COST, LOSS DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION INCURRED OR THAT MAY ARISE BY REASON OF USER'S USE OF ANY COMMON AREA PROPERTY, COMMUNITY AMENITIES, OR COMMUNITY FACILITIES. EVERY USER [DENTINED ABOVE SHALL INDEMNIFY AND HOLD HARMLESS THE ASSOCIATION, DECLARANT, THE ACC AND THEIR AFFILIATES, OFFICERS, DIRECTORS, COMMITTEE MEMBERS, EMPLOYEES AND AGENTS FROM ANY COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION FOR PERSONAL INJURY OR PROPERTY DAMAGE INCURRED OR THAT MAY ARISE BY REASON OF THE USE OF OR ENTRY UPON ANY COMMON AREA PROPERTY, COMMUNITY AMENITIES, OR COMMUNITY FACILITIES (INCLUDING ANY COST, FEES, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING OUT OF THE

BY REASON OF THE USE OF OR ENTRY UPON ANY COMMON AREA PROPERTY, COMMUNITY AMENITIES, OR COMMUNITY FACILITIES (INCLUDING ANY COST, FEES, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING OUT OF THE ASSOCIATION'S OR DECLARANT'S NEGLIGENCE IN CONNECTION THEREWITH), EXCEPT FOR SUCH COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING BY REASON OF THE ASSOCIATION OR DECLARANT'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT. "GROSS NEGLIGENCE" AS USED HEREIN DOES NOT INCLUDE SIMPLE NEGLIGENCE, CONTRIBUTORY NEGLIGENCE, OR SIMILAR NEGLIGENCE SHORT OF ACTUAL GROSS NEGLIGENCE. USE OF ANY COMMON AREA PROPERTY, COMMUNITY AMENITIES, OR COMMUNITY FACILITIES IS CONDITIONED UPON ACCEPTANCE OF THE FOREGOING RELEASE AND INDMENITY OBLIGATIONS.

3.1 ARTICLE 3 CONSTRUCTION RESTRICTIONS APPROVAL FOR CONSTRUCTION. Unless prosecuted by the Declarant, no Improvements shall be constructed upon any Lot without the prior written approval of the ACC in accordance with Article 7 of this Declaration.

22 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4876-4721-9567v.3 52952-96 2023 - 2023000119879 10/18/2023 11:36 AM Page 29 of 86 3.2 FENCES; SIDEWALKS. All fences and walls shall comply with all Applicable Law. Unless otherwise approved by the ACC, no fence, wall or hedge will be erected or maintained on any Lot nearer to the street than the front elevation of the residence constructed on the Lot, except for fences erected in conjunction with the model homes or sales offices. The ACC will have the sole discretion to determine the front elevation of the residence for the purpose of this Section 3.2. No chain-link, metal, vinyl or agricultural fences may be installed or

ces. The ACC will have the sole discretion to determine the front elevation of the residence for the purpose of this Section 3.2. No chain-link, metal, vinyl or agricultural fences may be installed or maintained on a Lot, except by Declarant. All wood fences shall be six (6) feet in height and constructed using metal posts and spruce (or better quality wood), stained medium brown, unless installed by Declarant or required by Applicable Law. If required by the Plat, the Owner of each Lot shall construct, at such Owner's sole cost and expense and prior to occupying any Improvement, a sidewalk on such Owner's Lot, located and designed in conformance with the Plat. Each Owner must maintain all fences on such Owner's Lot in good condition, including but not limited to periodically re-staining all fences on such Owner's Lot using stain substantially similar to the stain applied to the fences as originally constructed (if any) as determined by the ACC. Any broken pickets, fallen or leaning panels must be repaired or replaced. In the event that a fence on an Owner's Lot is replaced, the Owner is responsible for staining the new fence with stain substantially similar to the stain applied to the fences as original constructed (if any), as determined by the ACC.

3.3 DRAINAGE.

fici There shall be no interference with the established drainage patterns over any of the Property, including the Lots, except by Declarant, unless adequate provision is made for proper drainage and such provision is approved in advance by the ACC.

Specifically, and not by way of limitation, no Improvement, including landscaping, may be installed which impedes the proper drainage of water between Lots.

3.4 CONSTRUCTION ACTIVITIES. The Restrictions will not be construed or

y of limitation, no Improvement, including landscaping, may be installed which impedes the proper drainage of water between Lots.

3.4 CONSTRUCTION ACTIVITIES. The Restrictions will not be construed or applied so as to unreasonably interfere with or prevent normal construction activities during the construction of Improvements by the Declarant or a Homebuilder upon or within the Property.

Specifically, no such construction activities will be deemed to constitute a nuisance or a violation of the Restrictions by reason of noise, dust, presence of vehicles or construction machinery, posting of signs or similar activities provided that such construction is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. If during the course of construction upon any Lot there is excessive accumulation of debris of any kind which would render the Lot or any portion thereof unsanitary, unsightly, offensive, or detrimental to it or any other portion of the Property, then the ACC may contract for or cause such debris to be removed and the Owner of the Lot will be liable for all reasonable expenses incurred in connection therewith. For purposes of this Section 3.4, the Board, in its sole and absolute discretion, shall determine what constitutes a nuisance or excessive accumulation of debris in areas of the Property where construction is ongoing.

During the development and construction of the Property, Owners can expect a certain amount of trash, dust, dirt and debris in areas where Improvements are being constructed.

4876-4721-9567v.3 52952-96 MUKNING KIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 30 of 86 3.5

structed.

4876-4721-9567v.3 52952-96 MUKNING KIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2023 - 2023000119879 10/18/2023 11:36 AM Page 30 of 86 3.5 ROOFING. The roofs of all buildings shall be approved by the ACC unless the Owner is replacing the roof with the same materials and color. Roofs of buildings may be constructed with "Energy Efficiency Roofing" with the advance written approval of the ACC.

For the purpose of this Section 3.5, “Energy Efficiency Roofing" means shingles that are designed primarily to: (i) be wind and hail resistant; (ii) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (iii) provide solar generation capabilities. The ACC will not prohibit an Owner from installing Energy Efficient Roofing provided that the Energy Efficient Roofing shingles: (a) resemble the shingles used or otherwise authorized for use within the community; (b) are more durable thart, and are of equal or superior quality to, the shingles used or otherwise authorized for use within the community, and (c) match the aesthetics of adjacent property. An Owner who desires to install Energy Efficient Roofing will be required to comply with the architectural review and approval procedures set forth in the Restrictions. In conjunction with any such approval process, the Owner should submit information which will enable the ACC to confirm the criteria set forth in this Section 3.5. Any other type of roofing material shall be permitted only with the advance written approval of the ACC.

3.6 SWIMMING POOLS. Any swimming pool constructed on a Lot must be enclosed with a fence or other enclosure device completely surrounding the swimming pool

ith the advance written approval of the ACC.

3.6 SWIMMING POOLS. Any swimming pool constructed on a Lot must be enclosed with a fence or other enclosure device completely surrounding the swimming pool which, at a minimum, satisfies all Applicable Law and be approved in advance by the ACC.

Additionally, all pool equipment (e.g., pumps, filtration systems) must be screened from view.

No pool or related equipment shall be constructed or placed within any easement area and must be at least feet (5′) from the rear or side boundary lines of the Lot. Nothing in this Section 3.6 is intended or shall be construed to limit or affect an Owner's obligation to comply with any Applicable Law concerning swimming pool enclosure requirements. Unless otherwise approved in advance by the ACC, above-ground or temporary swimming pools are not permitted on a Lot.

3.7 No residence or Improvement may be constructed on any Lot nearer to a street than the minimum building setback lines shown on the Plat and no Improvement shall be located on any drainage, utility or conservation easement, unless otherwise permitted pursuant to Applicable Law.

COMPLIANCE WITH SETBACKS AND EASEMENTS.

38 SOLAR ENERGY DEVICE. Solar Energy Devices may be installed with the advance written approval of the ACC in accordance with the procedures set forth below.

3.8.1 Application. To obtain ACC approval of a Solar Energy Device, the Owner shall provide the ACC with the following information: (i) the proposed installation location of the Solar Energy Device; and (ii) a description of the Solar Energy Device, including the dimensions, manufacturer, and photograph or other accurate depiction (the 24 4876-4721-9567v.3 52952-96 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED

ion of the Solar Energy Device, including the dimensions, manufacturer, and photograph or other accurate depiction (the 24 4876-4721-9567v.3 52952-96 MORNING RIDGE ADDITION SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS