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U al Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Omofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy wal Copy Unofficial Copy Unofficial Copy pofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy official Copy 0749991 04245 nofficial Copy Unofficial Copy Unofficial.co 00165 Unofficia DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS cial Copy Unofficial Copy Unofficial Copy OF NAVARRO TOWNHOMES Brazos County, Texas Unofficial Copy Unofficial Copy Unofficial Copy Mcial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffici Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Copy Unofficial Copy Unofficial Copy Unoffic Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffi Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficia Unofficial Copy icial Copy Unofficial Copy Unofficial.Copy official Copy Unofficial Copy TABLE OF CONTENTS FOR of copy 0749991 Rofficial Copy Unofficial Copy official Copy CLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS Official Copy Unofficial Copy Unofficial Copy Cofficial Copy Unofficial Copy Unofficial Copy OF NAVARRO TOWNHOMES official Copy Unofficial Copy Unofficial Copy INTRODUCTORY mofficial Copy Unofficial Copy ARTICLE I-DEFINITIONS Paragraph copy offici ASSOCIATION Paragraph 1.2 - CONSTRUCTION AND SALE PERIOD Paragraph 1.3 - LIENHOLDER OR FIRST MORTGAGEE official Copy Unofficial Copy Unofficioaragraph 04245 Copy Unoffici 997 2 OWNE nofficial Copy

ici ASSOCIATION Paragraph 1.2 - CONSTRUCTION AND SALE PERIOD Paragraph 1.3 - LIENHOLDER OR FIRST MORTGAGEE official Copy Unofficial Copy Unofficioaragraph 04245 Copy Unoffici 997 2 OWNE nofficial Copy Unoffic Unofficial Copy Unofficial Copy Unofficial Copy Page 7 Unofficial Copy Unofficial Copy 2 2 1 Unoffic Unofficial Copy Unofficial Copy Unofficial Copy 2 3 3 3 3 ام Paragraph 1.5 - MEMBER Paragraph 1.6 PROPERTY, PREMISES OR DEVELOPMENT Paragraph 1.7-PRO Paragraph 8 TOWNHOUSE OR TOWNHOME nofficial c ARTICLE II-MEMBERSHIP AND VOTING RIGHTS Paragraph 2.1 - MEMBERSHIP Paragraph 2.2 - VOTING RIGHTS Paragraph 2.3 - NO CUMULATIVE VOTING apy Unofficial Copy Unofficial Copy ARTICLE III - COVENANT FOR MAINTENANCE ASSESSMENTS Paragraph 3.1 CREATION OF THE LIEN AND PERSONAL nofficial Copy Unofficial Copy Unoffic nh OBLIGATION OF ASSESSMENTS Unofficial Copy Unofficial Co Unofficial Copy Unofficial Copy Unoticial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy A Un 4 Unofficial Unofficial Copy Unofficial Copy Unordicial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Co Unofficial Copy Un al Copy Unofficial Copy Unofficial Copy Inoffical Copy Unofficial Copy Unofficial copy ARTICLE III - CONTINUED Copy Unofficial Copy Unofficial Copy Paragraph 3.2 - PURPOSE OF ASSESSMENTS Paragraph 3.3 - BASIS AND MAXIMUM OF ANNUAL Ader ASSESSMENTS AUTHORIZED UNDER PARAGRAPH Copy Unofficial Paragraph 3.5 - UNIFORM RATE OF ASSESSMENT Zial Copy Unofficial Copy Unofficial aragraph 3.4 - NOTICE AND QUORUM FOR ANY ACTIO 074999 Unofficial Copy Unofficial Copy Unoficial Copy Paragraph 3.6 OF COMMENCEMENT ANNUAL Uno SSESSMENTS: DUE DATES Page 5 6 04245 7 Unoffic 167

fficial aragraph 3.4 - NOTICE AND QUORUM FOR ANY ACTIO 074999 Unofficial Copy Unofficial Copy Unoficial Copy Paragraph 3.6 OF COMMENCEMENT ANNUAL Uno SSESSMENTS: DUE DATES Page 5 6 04245 7 Unoffic 167 nofficial Copy Unofficial Copy Unofficialov Paragraph.7 - EFFECT OF NON-PAYMENT OF ASSESSMENTS REMEDIES OF THE ASSOCIATION Propy Unofffelal Copy Unofficial Co Paragraph 3.8 - SUBORDINATION OF THE LIEN TO MORTGAGES Paragraph 3.9 - EXEMPT PROPERTY al Cop Paragraph 3.10 - MANAGEMENT AGREEMENTS nof oun Unofficial Copy Unofficial Copy Unofficial Copy Paragraph 3.11 - INSURANCE REQUIREMENTS al Cop ARTICLE IV - ARCHITECTURAL CONTROL Cial Copy Unofficial Copy Unofficial Co Paragraph PHYSICAL RESTRICTIONS Uno MAINTENANCE ARTICLE V 7 8 11 12 12 Unoffi Unofficial Copy Unofficial Cop Unofficial Copy 15 Unoffi Unofficial Copy 16 17 17 Unofficial Paragraph 5.1 - ASSOCIATION RESPONSIBILITIES Paragraph 5.2 - OWNER RESPONSIBILITY icial Copy Unofficial CoARTICLE VI - PARTY WALES al Copy Unofficial Copy Unofficial Copy jal Paragraph 5.3 - AUTHORY OF ASSOCIATION Paragraph Co Uno Unof Paragraph 6. GENERAL RULES OF LAW Unofficial Copy Unofficial Copy SHARING OF REPAIR AND MAINTENANCE Unofficial Cop Unofficial Copy Unofficial Copy Unoffitial Copy Unofficial Copy APPLY Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 18 18 Unofficial Copy Unofficial Copy Unofficial Copy Unoffical Copy Unoffic Uncniciar Unofficial Copy cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficiat Copy ARTICLE VI - CONTINUED un 074999 U1 Unofficial Copy Unofficial Copy Copy Page 04245.

ficial Copy Unofficial Copy Unofficial Copy Paragraph 6.3 - WEATHERPROOFING Paragraph 6.4 - RIGHT TO CONTRIBUTION RUNS TO LAND Baragraph 6.5 - ARBITRATION ficia

l Copy Unofficial Copy Copy Page 04245.

ficial Copy Unofficial Copy Unofficial Copy Paragraph 6.3 - WEATHERPROOFING Paragraph 6.4 - RIGHT TO CONTRIBUTION RUNS TO LAND Baragraph 6.5 - ARBITRATION ficia II - USE RESTRICTIONS Unofficial copy Unofficial Copy Paragraph 7.1 - RESIDENTIAL USES AND LIMITATIONS FREEHOLD ESTATE Paragraph Unofficial official Acial Copy Unofficial Copy ICLE Paragraptop 3- DECLARANT EXEMPTION ANIMAOfficial Paragraph 7.4 - DOMESTIC Paragraph 7.5 - SIGNS Paragraph 7.6 - VISUAL CONROLS Paragraph 7.7 - SPECIENCE USES Ad Ungffic AUC Paragraph 7.8 ficial Copy Unofficial Copy Unofficial copy Paragraph 7.9 mg TENNAS 18 19 19 ७ Unofficia 168 Unofficial Copy Unofficial Copy Unofficial copy Unofficial INHOUSES INTEGRITY Paragraph COPD PARKING AND STORAGE AREA RESTRICTION Paragraph 7.11 - ANNOYANCE Paragraph 7.12 - NO DISCRIMINATION ARTICLE VIII - EASEMENTS nofficial Copy Paragraph 8.1 - ENCROACHMENTS Ado 19 20 20 20 21 21 22 22 22 22 23 Unofficial Copy 23 Unofficial Copy Unofficial Copy Unoff CO 23 24 Unoffic UnofficialCopy Unofficial copy Unofficial Copy Unoffician Copy Onofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Paragraph 8.2 - RESERVATION OF VARIANCE ficial Copy Unofficial Copy Unofficial Copy ffici off Paragraph 8.3 ADDITIONAL EASEMENTS 3.4 - UNDERGROUND ELECTRIC SERVICE Ad Copy Unof Unofficia Unofficial Copy Unofficial Copy Unofficial Copy Co Unof Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Co Unofficial Copy U Un al Copy Unofficial Copy Unofficial Copy ARTICLE IX Unofficial Copy Unofficial Copy Unofficial Copy ARTICLE IX GENERAL PROVISIONS Unofficial Copy Unofficial Copy Unofficial Copy Paragraph 9.1 - ENFORCEMENT

opy Unofficial Copy Unofficial Copy ARTICLE IX Unofficial Copy Unofficial Copy Unofficial Copy ARTICLE IX GENERAL PROVISIONS Unofficial Copy Unofficial Copy Unofficial Copy Paragraph 9.1 - ENFORCEMENT Belal Copy Unofficial Copy Unofficial covaragraph 9.2 - SEVERABILITY Paragraph 9.3 - AMENDMENT Paragraph 9.5 Un Page Unofficial Copy Unofficial Copy 0749991 Unofficial Copy Unofficial Copy Onofficial Copy Paragraph 9.4 - MORTGAGEE RIGHTS / Cop Unofficial Paragraph 9.7- COMMENDAT Official Co Paragraph 9.8 - GENDER AND GRAMMAR Paragraph 6 - SUBSTANTIAL TAKINGOR DESTRUCTION cial Copy Unofficial Copy Unofficial Copy 04245 Unofficial Unofficial Copy Unofficial Copy Unofficial Copy ficial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffic Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 28 29 29 29 Unofficial Cosy Unofficial 25 25 25 169 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unoficiar Unofficial Copy icial Copy Unofficial Copy Unofficial Copy official Copy Unofficial Copy DECLARATION Unofficial Copy THE STATE OF TEXAS COUNTY OF BRAZOS Pficial Copy Unofficial Copy official copy Official Copy Unofficial Copy nofficial Copy Unofficial copy State officialkony official Copy Unofficial Copy OF COVENANTS, AND RESTRICTIONS FOR NAVARRO TOWNHOMES THIS DECLARATIO Py Unofficial Copy nofficial.Copy 0749991 Unofficial Copy mofficial Copy KNOW ALL MEN BY THESE PRESENTS:

icial Copy Unofficial Copy OF COVENANTS, AND RESTRICTIONS FOR NAVARRO TOWNHOMES THIS DECLARATIO Py Unofficial Copy nofficial.Copy 0749991 Unofficial Copy mofficial Copy KNOW ALL MEN BY THESE PRESENTS: TOWNHOMES, owned by B.A. Cathey, LTD, a Texas limited partnership, by anthrough officia made on the date hereinafter set forth by NAVARRO its General Partner B. A. Cathey Development copy official copy official Copy officifcopy Texas, known as NP COP entinc., hereinafter referred to WITNESSETH: WHEREAS, Declarant is the Owner of certain property in the County of Brazos, described on the attached Exhibit "A" (herein "Real Property nofficr conditions, all of Ado TOWNHOMES and whin Copy Unofficia Copy NOW THEREFORE Declarant hereby declaat all of the Real Property shall Thich are for the 04245 Unofficial Copy Unofficia copy officia "Declarant", is more particularly be held, sold and conveyed subject to the following easements, restrictions, covenants and pofficia Copy officia desirability and attractiveness of the Real Property. These easements, covenants, restrictions and conditions shall run with the Real Property and be binding on all parties purpaber enhancing and protecting Copy Unoffici Copy Unofficial Copy office the value, having or acquiring any right, title or interest in the above described Real Property or any Ado Copy par thereof, their heirs, successors and assigns, and shall i ince to the benefit of each Owner thereof.

Unofficial Copy Unofficial CopyUnoffi Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 7 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unof

ficial Copy Unoff Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 7 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unof Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy to 170 Unofficia Unofficial Copy 2 Fd nS § é 1.1SASSOCIATION. "Associafion" shall mean and refér to NAVARRO TOWNS MES OWNERS ASSOCIANON, ING. its successors axe assigns.

& ot 2 CONSTRUCTION ANGISALE PERIOD. "Construct and Sale Period" shall © fiean that period of time ae which Declarant is coven the Real Property a Se SH USnes %, oy, ~] & & selling the Townhouse time period shall eng from the date thereof ungguch 2 of - time as the Declag transfers title to all of the 1 re s zz eo & a 1.3 saitiower OF FIRST mogvGacee, "Lienholder" or ee Mortgagee" shall meanvhe holder of a first mortgage Sien on any Townhouse in 1S development.

ph Oy . 14 LOT. "Lot" shall mean aad refer to those thirty-tw 9432) certain tracts or 3 CF e pargefs of land withing the existigd? Property and more partcy fly shown in Exhibit "B" & grereto on which there is or a be constructed a Sale ey Townhouse which is to >be 2 individually and snag owned. Declarant shail ge the Owner of all said tagve oO s S AND EXCEPT onigiose particular Lots which hn fclaran conveys in fee single title by aoe a. > oe * recordable deg from and after the date ne ce cg e 1.5 MEMBER. "Member" shall mean and refer to every person or entity who s holds megebership | in the Association.s o & & s 6 OWNER. "Owner" gf mean and refer to the ga Owner, whether one & s Ss Ss of Or more persons or ents of a fee simple title to any which is a part of the Reet & Property, including cone sellers, but excluding tiple having such interest mel as

ga Owner, whether one & s Ss Ss of Or more persons or ents of a fee simple title to any which is a part of the Reet & Property, including cone sellers, but excluding tiple having such interest mel as 3 security for the pergmance of an obligation. Hoyever, the term "Owner' shade any Mortgagee or 5 ehnolder who acquires fee offre title to any Lot which is agen of the Real 2 3 ss 3 qm 0 cumsoeatgdiomen CRATE Mofficial Copy Unofficial Copy Unofficial, Copy foreclosure.

Onofficial Copy Unofficial Copy Unofficial Copy Property, through a deed in lieu of foreclosure 1.7 mofficial Copy Unofficial Copy Unofficial Copy 0749991 nofficial Copy Unofficial Copy Unofficial Copy through judicial or non-dicial and refer to that certain real property hereinbefore described.

official Copy Unofficial Cop Unofficial Cop 1.9 PROPERTY, PREMISES OR DEVELOPMENT. "Real Property" shall mean Cop TOWNHOUSE OR TOWNHOME. "Townhouse" mean a single-family residential Unit constructed on a Lot.

al Copy Unofficial Copy Unothe Copy Unofficial Copy Townhome" shall Common Area "Common Area" shall meamany portion of the Real Property Unoff!!

which is not a Lot conveyed to an Owner or owned by Declarant, to include, but no Mimited to, all streets, and landscape area, as reflected in Exhibit "B".

1 Mofficial Copy Unofficial Co Unofficial Copy official Copy Unofficial Co ARTICLE II MEMBERSHIP AND VOTING RIGHTS MEMBERSHIP. Every person or entity who is a feial Copy Unofficial copy Unofficial Cop Unofficial Copy 7 2 04245 Unofficial Copy Unoffic Copy Unofficio Copy divided fee interest in any Lot which is subject, by covenants of record, to assessment by the Association, including contract sellers, shall be aMember of the Association. The

fic Copy Unofficio Copy divided fee interest in any Lot which is subject, by covenants of record, to assessment by the Association, including contract sellers, shall be aMember of the Association. The foregoing in not intended to include persons or entities who hold any interest merely as I Copy: Unofficial Copy Unofford Owner of a fee or security for the performance of an obligation Unofficia, owner shall have more than one (1) membership. Membership shall be appurtenant to and may not be separated from any ownership of any Lot which is subject assessment by the Association. Ownership of foreclosure, shall be a such fot shall be the sole qualification of membership. Any Mortgagee or Lienholder who 2.2 Co COP cocquires title to any Lot which is a part of the Property, through judicial or non-judicial membership: Unotember of the Association.

I Copy Unofficial Cop Unofficial Unofficial Co VOTING RIGHTS, The Association shall have two (2) classes of voting Unofficial Co Unofficial Copy Unofficial Copy Cofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy در 3 Unofficial Copy Unofficial Copy Unefficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Ung Un Co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Co Unofficial Copy Unoici Ungnicia Mcial Copy Unofficial Copy Unofficial Copy noffic Copy Unofficial Copy Unofficial Copy a.

nofficial Copy Unofficial Copy Unofficial Copy official Copy 0749991 Class A.

Class A Members shall be all Owners, with the exception of B.A. Cathey, LTD, d/b/a NAVARRO TOWNHOMES, the Declarant and entitled to one (1) vote for each Lot owned. When more than one (1) person holds al Cop shall be exercised as themselves and shall be

on of B.A. Cathey, LTD, d/b/a NAVARRO TOWNHOMES, the Declarant and entitled to one (1) vote for each Lot owned. When more than one (1) person holds al Cop shall be exercised as themselves and shall be ficial Copy Unofficial Copy Unofficial cooch interest in any Lot, all such persons shall be Members. The vote for such Lots than one (1) vote be ca b.

among Copy Unofhelal Copias, no respect to any Lot.

to three (3) determine out in no event shall more Copy Unofficial Copy Unofficial Copy.

Class B. The Class B Member(s) shall be B.A. Cathey, LTD. d/b/a, 04245 cial Go Copy Unoffic Copy Unofficial Unoffi NAVARRO TOWNHOMES, the Declarant, and its successors, and shall be entitled votes for each Lot owned noffi cease and be converted to Class A membership on the happening of either of the ficial Copy Unofficial Copy Unofficial coowing events, whichever occurs earlier: 2.3 Unoffi (2) COP that the Class B membership shall (1) when the total votes outstanding in sal Copy equal the total votes outstanding in the Class B membership, or of Brazos County, Texas.

he Class A membership three (3) years from the date hereof in the Deed Deed Records CUMULATIVE VOTING.

there shall be no cumulative voting.

173 Unoffic Unofffe al Copy Unofficial Copy Unofficial Copy all meetings of the Owners Association, Unofficial Copy Unofficial Cop I Cogy, Unofficial CopARTICLE III Unofficial Co The Declarant, for each Lot 4 Unofficial Copy Unoffic 3.1 Unof al Copy COVENANT FOR MAINTENANCE ASSESSMENTS doun CREATION OF THE LIEN AND PERSONAL OBLIGATION OF Unowned within the Property, hereby Unoficial Co each Owner of any Lot by acceptance of a deed therefore, whether or not Unofacial Co it shall be in such deed or other is deemed to and agree ASSESSMENTS.

Micial Copy Unofficial Copy Unofficial Copy

o each Owner of any Lot by acceptance of a deed therefore, whether or not Unofacial Co it shall be in such deed or other is deemed to and agree ASSESSMENTS.

Micial Copy Unofficial Copy Unofficial Copy Unoficial Co ncial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffi Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Ungrficial Unofficial Copy Copy nofficial Copy Unofficial Copy nofficial Copy Unofficial Copy Inofficial Copy Onofficial Copy 0749991 officialCopy with to pay to the Association annual assessments or charges, such as assessment to be fixed, afficial Copy Unofficial Copy Unofficial Copy The annual ovide Copy nofficia such interest thereon and costs of collection thereof, as hereinafter provided, shall be a established and collected as hereinafter offici 04245 together with such 1 Unofficio Co nofficial Copy Unofficed Copy Unoffice Copy charge on the Lot and shall be secured by continuing lien upon the Real Property against 7 personal obligation of the Unoffic Unofficcade. Each such assessme cop which each such assessment is mad nofficial Copy Unofficial Copy Unofficial Co interest, costs and reasonable attorney's fees shall also be ors in title The personal obligation for delinquent assessments shall not pass to his successors Copy Unofficer of such Lot at the time when the assessment became cue.

person who was the Official Copy Unofficial Copy Unofficial Cop unless expressly assumed by the successor.

3.2 PURPOSE OF ASSESSMENTS. The assessments levied by the Association do 4 shall be used exclusively for the purpose of promoting the recreation, health, safety and

expressly assumed by the successor.

3.2 PURPOSE OF ASSESSMENTS. The assessments levied by the Association do 4 shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents in the Real Property and in particular the improvement and Copy COP Soun Unoffical Copy Unoffical Copy Unofficial Copy and of the Townhomes situated thereon. Assessments shall include, but are not limited to, funds to cover actua Association costs for all exterior aintenance of the Real of Unoffi maintenance of the Lots or Townhomes, as herein authorized or as may from time to time be authorized by the Board of Directors; legal and accounting fees, costs incurred in any condemnation hearing, as provided in Paragraph 9.7, and any fees for management services; d the cost of other facilities and service activities, including, but not limited to, official Copy Unofficial Copal areal Cop opy Unoff garbage pickup areas, mowing grass, grounds care, sprinkler system, landscaping, anzial Co Unoffi Co Unofficial Copy Unofficial Copy water in any Common Arsa furnished to Townhomes by the Association, and other charges required by this Declaration of Covenants, Comentions and Restrictions or that the Unofficial Copy Unofficial Copo Unofficial Cop Board of Directors of the Association shall determine to be necessary to meet the primary Mofficial Copy Unofficial Cop Unofficial Cof Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Cop 5 Unof Co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Cop Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy U Co Unofficial Copy U cial Copy Unofficial Copy Unofficial Copy

ial Cop Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy U Co Unofficial Copy U cial Copy Unofficial Copy Unofficial Copy 3.3 Unofficial Copy d/nofficial Copy Unofficial Copy nofficial Copy Unofficial Copy purposes of the Association, including the establishment and maintenance of a reserve for repair, maintenance, taxes and other charges as specified herein.

a.

Onoffick Copy official Copy 0749991 BASIS AND MAXIMUM OF ANNUAL ASSESSMENTS Unofficial Copy Unofficial Copy the first Lot to an Owner, ncial Copy Unofficial Copy Unofficial Copy b.

Copy Until January 1 of the year immediately following the conveyance of No/100 ($55.00) Dollars per month per Lot.

Unofficial Copy Unoffical Copy Unofficialximum annual assessment shall be Fifty-five and Unofficial Copy Priosto January 1, 2002, the assessment shall be due on the first day Copy Unofficial Copy of the month following the conveyance to Owner at the rate of Fifty-five and No/100 ($55.00 Dollars per month until January 1, 2002.

conveyance of the first Lot to n icial Copy Unofficial Copy Unofficial Cop ncial Copy Unofficial Copy Unofficial Co icial Copy Unofficial Copy Unofficial Copy set effective January 1 noffi 175 nofficial Copy Unofficial Copy Unofficial C. From and after January 1 of the year immediately following the Unofficial Cop amount not to exceedio exceed one hundred and twenty the preceding yo d.

convevajal Copy Unofficial Copy o Owner, the maximum annual assessment may be each year without a vote, percent the membership by an Unofficial Copy Unofficial Copy Unofficial Cop cent (120%) of the budget of From and after January 1 of the year immediately following the I Copy Unofficial Copy Unofficial Copy

t the membership by an Unofficial Copy Unofficial Copy Unofficial Cop cent (120%) of the budget of From and after January 1 of the year immediately following the I Copy Unofficial Copy Unofficial Copy Unoffence of the first Lot to an Owner, the maximum annual assessment may be Members of each class.

set above one hundred and twenty percent (120%) only by the written approval the Owners entitled to cast two-thirds stwo-thirds (2/3) of the votes e.

of the Associations / Co Unofficial Copy Unof Unofficial COP After consideration of current maintenance costs and future need the Board of Directors mg amount noton excess of the maximum.

Unofficial Copy Unoficial Co Unofficial Coothe 9 fix the annual assessmen Unoffici Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffic Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoficia Unofficial Copy Unofficia 04245 Unoffic 3.4 NOTICE. otionun FOR ANY acrionsAUTHORIZED UNDER s A x PARAGRAPHS 3.3. & xe ‘ & @ 4 2 oh A Am Oo Writte¥f notice of any meeting calledfor the purpose of taking anystetion authorized under Paggorapn 3.3 shall be sent to ay Members not less than thirty (30) days nor more than ro (60) days in advance os a meetings. At the first 2 meeting called, the & _peiere of Members or of pigties entitled to cast sixty poresit (60%) of all the votes oe Cd 7 & s& & é each class of members entitled to cast by the aides of the Association sal 6 2 & constitute a quorum. | tithe required quorum is not pent another meeting may we called < Ss oe subject to the samme notice and quorum requirements. In lieu of a meeting, ator to door &

ation sal 6 2 & constitute a quorum. | tithe required quorum is not pent another meeting may we called < Ss oe subject to the samme notice and quorum requirements. In lieu of a meeting, ator to door & canvass mate used to get the written cofisent of two-thirds (2/3) of theClass A Owners and two-tiirds (2/3) of the Class B Owners. s & 5 UNIFORMRATE opaccssre Annual asggdSments shall be fixed at é platen rate for all Lots 3 Sales of location, and toner and be due ig e accordance with the proyésions of Paragraph 3.6 henge e 3.6 aug CaMMENCEMENTOF AyRUAL ASSESSMENTS: DUBSSATES.

S Ss x As to each Lot owned an Owner other than ne Beclarant, the anvil assessment shall commeitce on the date that such Lai is conveyed by Cpelarant to Owner subject to ° garaarapn 3.3(b). Ss : e b. As long as sativa holds any Class B yn rights as set out in £ s 4 Se & as set out in egiiam 3.3 of this ariciet However, Declarant be s responsible stor the difference in thescost of maintenance bome™ ‘by the e Se Un cial Copy Unofficial Copy Unofficial Copy official Copy 0749991 qofficial Copy Onofficial Copy Unofficial Copy gofficial Copy official Copy Association and the assessments received from the Unit Owners holding Class A Unofficial Copynofficial Copy Unofficial Copy votes.

dnofficio Copy Gnofficion Copy nors GabCopy Owner to the Association in monthly installments.

Uncial Copy Unofficial Copy Unofficial Copy The annual assessment shall be due and payablejn advance by each d. Except for amount of the annual assessment at least thirty assessment year which shall have the right.to adjust the annual assess upon thirty (30) days' written notice given

yablejn advance by each d. Except for amount of the annual assessment at least thirty assessment year which shall have the right.to adjust the annual assess upon thirty (30) days' written notice given nofficial Copy Onofficial Copy nofs the first assessment year, the Association shall fix the adjustment does not exceed the maximum permitted days in advance of each unofficial each Owner, as long as any such of the annual assessment shall be sent as soon as is practicable to every Owner hereunder.

ficial Copy Unofficial Copy Unofficial Cobject hereto. The Association shall, upon demand at 3.7 COPY officia Written notice certificate in writing signed an officer of the Association setting forth whether the al Copy any time, furnish a annual assessments any delinquency.

A reasonable charge may made by the Association a specified Lot have been paid and the amount issuance of these certificates. Such certificates shall be conclusive evidence of pay fit of any assessment therein state to have been paid.

ASSOCIATION.

official Copy Unofficial Copy Unofficial Co regardless nofficial Copy Unofficial Copy Unofficial Copy EFFECT OF NON-PAYMENT OF ASSESSMENTS: REMEDIES OF THE a. All Un jal Copyo Unofficial Copy payments of the assessments shall be made to the Association at its principle place of business in Brazos County, Texas, or at such other place the Association day otherwise direct or permit. Payment shall be whether any Owner Association, any other Owner or any other man full any dispute with the Declarant, the any other person or entity regarding any matter to ficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 8 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy the Copy Unofficial Copy Unoffic

Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 8 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy the Copy Unofficial Copy Unoffic Unofficial Copy Unofficial Copy Unovicial Copy Unofficial Copy Ungficie Unofficial Copy Unoffic 17 7 7 Unofficial 04245 Unoffici Unoficial Copy Unofficial Copy Unofficial.Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Cop aofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy which this Desfaration relates or pertains. Pa Ado both a continuing affirmative cocopy Payment of the assessments shall be personal to the Owner (other than the 0749991 hofficial Copy Official Copy Declarant) and a continuing covenant running with the land. Each Owner, and each perspective Owner, is hereby placed on notice that such provision may operate to b.

ficial Copy Onofficio Copy place upon him the responsibility for the payment of the assessments attributable to a period prior to the date he purchased his Townhome.

nofficia Copy when due shall be delinquent. If any such assessment is not paid withinghirty (30) officio Copy mofficiaassessment provided for in this Declaration which is the date of the delinquency the assessment will bear intercopy Ugo Unofficialcopy official copy @nofs? Cop of ten percent (10%) per annum until paid. The Association may at its option, bring compliance with the notiod Copy an action at law against the Owner personally obligated to pay the same; or, upon Copy nciavest at the rate se provisions set forth in Sabparagraph "c" of this Paragraph 3.7, foreclose lien against the Lot, as provided in Subparagraptonofficial Copy

igated to pay the same; or, upon Copy nciavest at the rate se provisions set forth in Sabparagraph "c" of this Paragraph 3.7, foreclose lien against the Lot, as provided in Subparagraptonofficial Copy "d" of this Paragraph 3.7. There shall be added to the amount of such assessment the late charge, the costs of preparing and filing the complaint in such action, and in the event judgment is obtained, such judgment shall include said Interest and a reasonable attorney's fee, together with the costs of action. Each Owner vests in lien foreclosing ad ficjal assessments. Under Unofficial Cop officis Copy the Association or its assigns, the right and power to bring all the actions at law or nofficiat Copy Owner or the collection of such delinquent no circumstances, however, shall the Declarant or Association be liable to any Owner or to any other person or entity for failere or Copy Unofficial Copy Unofficial Copy Unofficion inability to enforce any assessments. In addition, to the extent permitted by law, Unofficial Copy Unofficial Co Unofficial Copy Unofficial Copy Unofficial Copy Declarant reserves and assigns to the Association, without reda a vendor's lien Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 9 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Copy Unofficial Copy Unofficial Copy Unofficia Co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Co Un Unofficial Copy Unofficia Unofficiano 04245 Unofficial Οι RY Se s se 8 Se é & < against each Lot to secure payment of common assessment which is levied s 3 pe to the terms hereof. Suchsiens may be enforced by appVoprate judicial % USMS S&S Y % ON.

pritteedings and the expenses Meurred in connection therewsy, including interest,

ssment which is levied s 3 pe to the terms hereof. Suchsiens may be enforced by appVoprate judicial % USMS S&S Y % ON.

pritteedings and the expenses Meurred in connection therewsy, including interest, o's and reasonable attorney’ s fees shall be chargeable to the Owner in default.

& Ss Cc. No action rol be ereughit to foreclosugai assessment lien or to .

& proceed under the sole of sale herein provided less than thirty (30) days ater 86 s 30 "Fe ON date a notice him of lien is deposited, yh the postal authority, ch or reaisteress $Sotage prepaid, to the Opie of said Lot, and a ~ thereof is recog by the Association in the oe of the County Clerk of erie County; said é note ice of claim must cite a good Se sufficient legal description’ of any such Lot, the s % font Owner or reputed owner thereof, the amount claimed (which may, at the es Association's option, ng interest on the unpaid phone at the legal rate, é plus reasonable agitey s fees and expenses afeeston in connection “se S debt secured pei lien), and the name agiedcress of the Associations® d. ‘3 any such sale provided fay Shove i is to be conducted ig Necordance k with 89 provisions applicable to gPeers of powers of sal. id crortgages and dobds of trust, set forth in § 5h ‘002 of the Texas Property Sue, or in any other Oe es <sinanner permitted by law. oe Owner, by accepting a on to his Lot, expressly 3 CF grants to the Association's power of sale, as set forty? Raid § 51.002 of the Texag® Ss s Property Code, in mgennection with the assessraght Sen. The Association, tu duly authoring agent, shall have the power Yo bid on the Lot at foreciggtie sale Ss and to agghir and hold, lease, mortgage van convey the same. SS é ( & & Unofficial Copy Unofficial Copy Unofficial Copy officia Copy Unofficial Copy Unofficial Copy

d on the Lot at foreciggtie sale Ss and to agghir and hold, lease, mortgage van convey the same. SS é ( & & Unofficial Copy Unofficial Copy Unofficial Copy officia Copy Unofficial Copy Unofficial Copy e.

pofficial Copy Unofficial Copy official Copy 0749991 Upon the timely curing of any default for which a notice of claim of lien Copy was filed by the Association, the officers of the Association are hereby authorized to fide or record, as the case may be, an appropriate release of such notice, upon copy not to exceed One Hundred Dollars ($100.00), to cover.e filing or recording such release.

f.

Up Copy nor el Copy Unoffici Unofficial Copy written request by a First Mortgagee, the costs of preparing and Unofficial Copy Unofficial Copy Unofficial Copydyment by the defaulting Owner of a fee, to be determined by the Association but Unofficial Copy Unofficial Copy Unofficial Copy such requirement of notice shall not impair or affect any rights or remedies of Unofficial Copy Unofficial Copy assa provide the Mortgagee with written notice of any default by the Owner Mortgagor Copy nofficial Copy Unofficial in the performance of such Owner's obligations hereunder, including payment of Association shall assessments, which is not cured within thirty (30) days after default; provided that g.

be in addition provided.

Copy ffici the Association, including exercise of the same, for in this Declaration.

ovident Cop The assessment lien and the right to foreclosure sale hereunder sha Recocand not in substitution for all other rights and remedies which the Unofficial Copy Unofficial Copy Unoffi Association and its successors or assigns may have hereunder and by law, including a suit to recover a money judgment for unpaid assessments, as above assessment lien.

cial Copy Unofficial Copy Unoffi Association and its successors or assigns may have hereunder and by law, including a suit to recover a money judgment for unpaid assessments, as above assessment lien.

SUBORDINATION OF THE LIEN TO MORTGAGES The lien securing the purchase money or first mortgage. Sale or transfer Coun Unofficial Cope Unoff provided for herein shall be subordinate to the ten of any duly recorded Copy any Lot shall not affect the sale or transfer of any Lot which is subject to any mortgage, pursuant to foreclosure authorized under such mortgage or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such assessments as to payments Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 11 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffic Unofficial Copy Unofficial 8 Unofficial @ 04245 Unofficial C 0749991 Copy nofficial Copy official Copy nofficia Copy Onofficial Copy Unofficial Copy offici thereof which became due prior to such sale of op transfer, except for its provata share officiat Copy Unofficial.Copy Unofficial Copy resulting from reallocation among all Lot Owners. No sale or transfer shall relieve such Lot from Nability for any assessment thereafter becoming due, according to the terms herein Unofficial Copy Unofficial Copy Unofficial Copy EXEMPT PROPERTY. All properties dedicated to and accepted by, a local 04245 Unofficia 1 8 Bublic authority and all properties owned by a charitable or non-profit organization exemp/nofficial 3.9 from taxation by the laws of the State of Texas shall be exempt from the assessments

fficia 1 8 Bublic authority and all properties owned by a charitable or non-profit organization exemp/nofficial 3.9 from taxation by the laws of the State of Texas shall be exempt from the assessments created herein, except no land or improvements devoted to dwelling use shall be exempt Unofficial Copy Unofficial Copy Unofficial Copy Ovided.

MANAGEMENT AGREEMENTS. Each Owner of a Lot hereby agrees to be from said assessments.

bound by the terms and conditions of all management agreements entered into by the Unancial Copy Unofficial Copy an offion! Copy 3.10nofficio Copy Unofficial Copy Unofficial Copy Association. A copy of all such asreements shall be avall each Owner. Any and management agreements Uno y the Association shall provide that sai management agreements entered into by the Association said Unofficial Copy Unos Paal Condunofficial Copy shall provide management may be canceled with or without cause and agreement Wita/Copy Unoffi Unoffic by thirty (30) days' written notice. Such termination will be authorized by a majority vote of Members of the Association. In no event shall such management agreement be canceled prior to by the Association or its Board of Directors of either party Unofficial COP management agreement unless the new management agreement will become OP Unofficial Unofficia Unoffioia/Copy Unoff Bial Copy Unofficial Copy Unofficial Copy Unofficial Cop operative immediately upon the cancellation of the preceding management agreement COP hy and all It shall be the duty of the Association or its Board of Directors to effect a new management the expiration of any prior management contract.

Unofficial COP management agreements shall be for a not to exceed three (3) and shall be agreement prior 12 Micial Copy Unofficial Copy Unofficial Copy

the expiration of any prior management contract.

Unofficial COP management agreements shall be for a not to exceed three (3) and shall be agreement prior 12 Micial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficia/ Unofficial Copy Ungficial Copy Unofficial Copy Unofficial-Copy nofficial Copy Unofficial Copy and experience managing a project of this t nofficial Copy Unofficial Copy made with a professional and responsible party or parties with proven management skills 0749991 terminate the professional management of the Property and assume self-management by official Copy Unofficial Copy Onofficiel Copy nofficiele. The Members of the Association may the Association upon written agreement executed by Members entitled to cast sixty-seven of the votes of the and First have mortgages Lots holding fifty-one (51% of the votes of the Associationoffic 3.11 INSURANCE REQUIREMENTS.

Copy Unofficial copy TOW USSopy Unofficial Copy a.

nofficia Copy Unofficial Copy Copy he Association may obtain blanket insurance coverage on the or any Townhouse by a reputable insurance company censed to do 182 04245 nofficial: Copy Unofficial Copy Unofficial Conv business in the State of Texas protecting against loss or damage from fire or other Unofficial Copy Unofficial Copy Unofficial, Copy condition. Alternately Unofficial Co Copy hazards covered by the standard extended coverage endorsement. In the event of damage or destruction of a Townhouse, the Townhouse shall be rebuilt to its former hereby authorized to undertake to rebuild or cemel Copel@Unofficial noffic

nded coverage endorsement. In the event of damage or destruction of a Townhouse, the Townhouse shall be rebuilt to its former hereby authorized to undertake to rebuild or cemel Copel@Unofficial noffic the Owner may repair or replace. The Association is Unofficial Copys Unoffical Copy Unofficial Cop Owner for the cost in excess of the insurance proceeds of such repair or provided.

b.

the Townhouse and assess said Such assessment shall the personal said Owner fal Copy Unofficial Copy Unoffical Copy Unoffies and shall be enforceable as if it were a maintenance assessment as herein Unofficial Copy Unofficial Copy Unofficial Cop Owner the standard Unofficial Copo Unofficial Copy Each Officiall obtain blanket insurance coverage on their Townhouse by a reputable insurance company licensed to do business in the co of Texas protecting against loss or damage fropial Copo Unofficial Copy Unoffrial Copy of insurance to the Association an eial Cop Unofficial Copy Unofficial Copy Unofficial Copy Unofficia I Copitiended coverage endorsement. The Owner will provide a certificate Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 13 fire or other hazards covered by ally on each renewal date of the policy. Such Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy ial Unofficial Copy Unoffical Unoffical Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficialcon Unofficial Copy Unofficial C Unofficial Co Unancial Copy Unofficial Copy Unofficial Copy paid to the Association.

Uficial Copy Unofficial Copy Unofficial Cop nofficial Copy 0749991 9991 noffical Copy Unofficial Copy Unofficial Copy Unoffical Copy Unofficial Copy Unofficial Copy insurance policy shall include the an additional insured. In the event

cial Cop nofficial Copy 0749991 9991 noffical Copy Unofficial Copy Unofficial Copy Unoffical Copy Unofficial Copy Unofficial Copy insurance policy shall include the an additional insured. In the event the Owner fails or refuses to rebuild the Townhouse to its former condition and the Association undertakes to rebuild or repair the Townhouse as authorized by paragraph 3.11(a), the insurance proceeds of such repair or the event an Owner fallsto to provide satisfactory Unofficial Cop Unofficial Cop Unofficial cop eplacement shall be Unofficial Cop Unofficial Copy Unofficial Cop certificate of insurance to the Association, the Association may obtain insurance coverage as provided in paragraph 3.11(a) increased premiums against the Owner id assess any premium 04245 Unofficial Cops Unofficial Cop Unoffical Unofficial copy through a vote of the majority of its members may elect to obtain insurance C. The herein provided. The Association coverage for all of the Townhouses as provided in paragraph 3.11(a) and assess Official Copy Unofficial Copy Unofficial Cop hofficial Copy Unofficial Copy Unofficial Co eash Owner pro-rata for the premium as determined by the Association.

advisable.

your cial Con agent shall obtain liability insurance for the corporation, its officers, agents, employees in the amount and with the terms as Unofficial Copy Unofficial Co through the Board of Directors or its duly authorized COP Unoficial Copy Unofficial co the Board of Directors feem any 183 Unofficial Unofficial Copy Unofocial Copy Unofticia/764 Premiums for all such insurance authorized by this Paragraph 3.11(c) shall be a Common Expense payable from property assessments. Liability and personal property insurance for pots and the contents of Townhouses shall be the

surance authorized by this Paragraph 3.11(c) shall be a Common Expense payable from property assessments. Liability and personal property insurance for pots and the contents of Townhouses shall be the responsibility of and the expense of each individual Owner In the event of damage Un icial or destruction by fire og other casualty to any property in by Unofficial Co Late the Common Area or Lot Unice written in the name of the Association, the Board ofectors covered by insura ficial shall, upon receipt of the insurance proceeds, contract to rebuild or repair such un Uncor destroyed portions of the Property to their former condition. All such damage ficial official Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 74 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffia/ Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficina Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Ado ial Cop Unofficial Copy Unofficial Copy insurance shall be deposited in Uno Unofficial Copy Unofficial Copy 0749991 which the accounts are insured by a Federal government agency, with the provision Unofficial Cop Unofficial Copy Unoffojal Copbank or other financial institution in agreed to by said bank or institution that such funds may be withdrawn only by signature of at least one-third (1/3 of the members of the Board of Directors, or by any contractor, Unofficial Ca an agent duly authorized Board of Directors. The Board of Directors shall Unofficial CO advertise for sealed bids with any licensed contractors and then may negotiate with buildingSfficial Und

cial Ca an agent duly authorized Board of Directors. The Board of Directors shall Unofficial CO advertise for sealed bids with any licensed contractors and then may negotiate with buildingSfficial Und shall be required to providencial Unof Un 04245 jal Copy Unofficial Copy 11 Unoficial Co bond for the repair, reconstruction or rebstilding of such destroyed building or Unofficial Co the event the insurance proceeds are insufficient to full performance and payment repairing and/or rebuilding to the condition formerly existing, the Board of Directors e.

Unofficial Unofficial Cop Unof shaft levy a special assessment against any Owners, as hereja provided, to make up any deficiency.

all costs of Upon written agreement request to the Association, First Mortgagees shall be notified of any lapse, cancellation, or material modification of any insudicial Co policy or fidely bond maintained by the Association.

ficial Any decision to not maintain fire and extended Common Areas on a current replacement cost basis of one hundred percent (100%) Unofficial icial Copy Unofacial Unofficial Copy Unofficial Copy Unofficiae insurable value shall require the approval of two-thirds (2/3) of the First 4.1 Mortgagees (based on one vote for each mortgage owne official PHYSICAL RESTRICTIONS.

ARTICLE IV ARCHITECTURAL COL official Copy Uno Copy d).

shall be commenced, erected or maintained upon any Lot after the purchase of any Lot Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Onofficial Copy 15 building, fence, wall or for Unofficial Copy Unofficial Copy fiep structure Unofficial Copy Unofficial.com 4 Unofficial.co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficia Co Unofficial Copy Unofficial Copy Unofficial Copy

ep structure Unofficial Copy Unofficial.com 4 Unofficial.co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficia Co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficio Co Unofficial Copy Unancial Copy Unofficial Copy Unofficial Copy Und Unofficial Copy Unofficial Copy Unofficial Copy from Declarant, its successors or assigns, nor shawnofficial Copy Unofficial Copy alteration therein be made until the plans al CO 0749991 اتافل al Copy conofficial Cop nofficial Copy any exterior addition to or change or shape, height, materials and location of the same are submitted to and approved in writing CO specifications showing the nature, kind, as to harmony of external design ang location in relation to surrounding structures and topography by the Board of Directors of the Association, or by Arc Unof Unificial Copy Unofficial Copcomposed of three (3) or more representatives appointed by the Board. In the event said Board or its designated committee fails to approve or disap approval will offoial Cope, Unofficial Cop Unofficio Architectural Committee 04245 Unofficial Unofficial Copyo Unofficial C within thirty (30) days after said plans and specifications have been submitted to it, Unofficial Cope Unoffiea design and location Approval, once given, shall be irrevocable.

Official Copy Unofficial Copy Unofficial Copy 5.1 be required; and this Article will be deemed to have been fully satisfied.

exterior maintenance won Unofficial Cop ARTICLE V MAINTENANCE ASSOCIATIONRESPONSIBILITIES.

هم follows: paint, repair, replacement and care of walks, and other exterior improvements in a ficial The Unofficial Copy Unoffic Copy Tel. Unottich the Property which is subject to assessment hereunder, as

lows: paint, repair, replacement and care of walks, and other exterior improvements in a ficial The Unofficial Copy Unoffic Copy Tel. Unottich the Property which is subject to assessment hereunder, as shall not include roof, walls, glass surfaces, enclosed patio areas, window and door fixtures Unofficial Copy Unofficial Co Association shall provic Unofficial Copy Common Area. Such exterisia/ Copy Unofficial Copo cial and hardware, air conditioning equipment, carport/parking area, agd Owner landscaping official Copy Unofficial Copy Lot. The Association shall be responsible Lot. The Association, Unof maintenance of grass, trees and shrubs in the front (not include the back yard) of aay its duly authorized agent Unofficial Unofficial Copy Unofficia the landscaping and landscaping in ane Common Area. The Owner of a Lot will be responsible for all other Co Ownery Unot be responsible for the water for utilities (e.g.,fectrical, water, sewer, cable etc.).

16 Mofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial COP Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoficie Unofficial Copy 185 Unofficial Unofficial Copy Unofficial Copy Unofficial.Copy Unofficial Copy Unofficial Copy Mofficial Copy Unofficial Copy 5.2 OWNER RESPONSIBILITY.

a Townhouse, commencing at a point wherd Copy Anofficial Copy Unofficial Copy nofficet Copy 0749991 Aes and equipment installed within Unoffice Copy Unofficial Copy Unofficial Copy systems enter the exterior walls of a Townhouse, shall be maintained and kept in repair by COPY the utility lines, pipes, wings, conduits or

talled within Unoffice Copy Unofficial Copy Unofficial Copy systems enter the exterior walls of a Townhouse, shall be maintained and kept in repair by COPY the utility lines, pipes, wings, conduits or the Owner thereof. In addition, all exterior as well as interior air conditioning systems will be and kept by the thereof. Each owner is or repair of the Commonal cora (interior and exterior) for their Townhome and Lot. In the evenom willful or negligent 5.3 noffic Oial Co for pest control responsible is caused through the willful or negligent acts of its Owner, or through the Copy Unoffici Area or the improvement thereon for which the Association is Unofficial Copy Unofficial Copy Unoffical Copy the need for maintenance ght acts of the family, guests or invitees of the Owner, Unofficial Copy Unoff exterior maintenance shall be added to and become part of the assessment to which such Lot is subject. Notwithstanding anything contained herein, Owner's liability for maintenance and repair is limited to that liability Owner would have under Texas law.

certain exterior maintenance AUTHORITY OF ASSOCIATION. In the event an Owner is responsible fo to maintain the premises and improvements in COP Unoffical Copy ce, as set forth in Paradical Cop Copy COP jal Copy Unofficial Copy ph 5.1 and, and such Owner shall fail Directors, the Association, after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said Lot and to al Cop manner satisfactory to the Board of repair, maintain and restore said Lot improvements, including, including exterior pest control to which such Lot is subje Unofficial Copy Unofficial Cops Unoffiermites) for said Lot and adjoining Townhomes as determined to be necessary. The

provements, including, including exterior pest control to which such Lot is subje Unofficial Copy Unofficial Cops Unoffiermites) for said Lot and adjoining Townhomes as determined to be necessary. The Unofficial Copy Unofficial Copy Unofficial Copy OP of such exterior maintenance shall be added to and become part of the assessmoy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 17 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoncia Co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unotician Co Unofficial Copy Unoficial.co 186 04245 Unofficial.co Unofficial 26 Unnicial Copy Unofficial Copy Unofficial Copy Uofficial Copy Unofficial Corry Unoticial 6.1 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Core Unofficial Copy Unofficial Copy ARTICLE PARTY WALLS 0749991 Unofficial Copy Unofficial Copy Unofficial Copy GENERAL RULES OF LAW TO APPLY. Each wall which is built as a part of the original construction of the Townhomes upon the Properties and placed on the dividing line between the Lots shall constitute a party walficial co consistent with the provisiomy Unoffic Sficial of this Article, the general of law regarding party and liability for property damage due to negligence official Un wall shall, nevertheless, be deemed to be and, to the extent not thereto. If the party wall is on one (1) Lot or another due to an error in construction, such Unofficial Co waley Unofficia acts or omissions shall apply Unc ficial Co ✓ the dividing line and constitate a party wall for purposes of this Article. Reciprocal easements shall exist upon and in favor of the adjoining Townhouse Lots for the maintenance, repair and reconstriction of party walls.

constitate a party wall for purposes of this Article. Reciprocal easements shall exist upon and in favor of the adjoining Townhouse Lots for the maintenance, repair and reconstriction of party walls.

official Copy Unofficial Con Unofficial fficial 6.2 SHARING OF REPAIR AND MAINTENANCE.

and maintenance of a party wal make use of it. If other Office ors Rofficial copy Unofficial Co Unowners thereafter make use of Un cial wall shall be shared in equal proportions by the Owners who cost of reasonable repair cost of any restoration necessary in proportion to such use. This provision is not intended to prejudice the right of any Owner to call Unofficial Cittich wall, they shall contribute to the any rule of law regarding liability for negligent or willful acts or omissions.

mofficial Copy Unofficial 8 fficial copy elements.

Un a larger contribution from tlofficio mers under う WEATHERPROOFING Notwithstanding any other provision of this Article, Unofficial Copy Unofficial@py Unofficial Copy Ado an owner, who by his negligent willful act causes the party wall to be exposed to the elements, shall bear the whole cost of furnishing the necessary protection against su Onofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficia Unofficial Copy Unofficial Copy Unofficial Copy 18 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial 187 7 Unofficial 04245 Unofficial Unofficiat Copy 0749991 04245 Unofficial Co Unofficial Copy 188.

Unofficial Copy Unofficial Copy Unofficial. Copy 6.4 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy ficial Copy Unofficial

ficiat Copy 0749991 04245 Unofficial Co Unofficial Copy 188.

Unofficial Copy Unofficial Copy Unofficial. Copy 6.4 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy ficial Copy Unofficial RIGHETO CONTRIBUTION RUNS WITH LAND. The right of any owner to Un contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title.

6.

ARBITRATION.

Ad In the event of any dispute arising concerning a party unoff se one (1) arbitrator.

noys Article, each party shall of under the provisions of th Comose arbitrators shall in turn choose one (1) additional arbitrator, and the decision she wall.

be by a majority of all arbitrators.

hofficial Copy Unofficial Copy Unofficial copy Un LOY Unofficial use to appoint an arbitrator within Should any party reficial ten (10) days after yatten request therefor, the Board of Directors of the Association shall select an Unofficial Copy Unofficial copy Unofficial Copy 7.1 Unofficial for the refusing party.

Unofficial Unofficial official Copy ARTICLE VII USE RESTRICTIONS Unofficial co aofficiaPoopy Unofficial Copy RESIDENTIAL USES AND LIMITATIONS. The Property is hereby restricted fficia fficial residential dwellings for residential use only. All Buildings or structures erected upo said Property shall be of new construction. No Buildings or structures shall be moved from acter, including other locations onto said Property, and no subsequent Buildings of structures other than fficial Copy official ficial ther temporarily or Townhouses be constructed. No structures of a temporary character, trailers, motor vehicles, tents, shacks, garages, barns or other outbuildings, shall be used on any portion permanently.

7.2 any time as a residence of said Property at any

s of a temporary character, trailers, motor vehicles, tents, shacks, garages, barns or other outbuildings, shall be used on any portion permanently.

7.2 any time as a residence of said Property at any officia Copy Unofficial copy Unofficial Co mofficialCopy Unofficial Copy FREEHOLD ESTATE. Each Lot shall be conveyed as a separatet described freehold estate subject to the terms, conditions and designated and legally officialst Unofficial Copy Unofficial Conian provisions hereof.

Unoffician Co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unsitical Co Unofficial Copy Ss Ss 3 7.3 PSLARANE EXEMPTION. _shotwithstanding any Preoens herein 2 ce) a Ss s the Conssuction and Sale Period, upon such portion of the premises as Declarant deems refuired, convenient or incident to the construction and sae of said Townhouses. This 7 Pipl Ss Ss s s& shall include, but shall not the limited to, a business office, egetorage area, construction yaris, 8 < model Units and saleg office. & & s g 7.4 pRESIG ANIMALS. No ena livestock or poultry Oey kind shall be raised, ro or kept on any of said Loge ert that a reasonable ngfiiber, consistent & s er with a residence, of dogs, cats or other household pets may be kept, provided that they are b necessary, such facilities as in thg*sole opinion of the Declarght may be reasonably Bi 9, %, % not kest bred or maintained for arytommercial purpose. Ss &

d pets may be kept, provided that they are b necessary, such facilities as in thg*sole opinion of the Declarght may be reasonably Bi 9, %, % not kest bred or maintained for arytommercial purpose. Ss & €& 7.5 SIGNS. No tverising signs (except naf nore than one [1] five Is i.

%, > & & square foot "for rent" ego sale". sign per preload, unsightly siege a Wo & nuisances shall be exited, placed or permitted to Brain on said Property, nor gf said Ss Property be weft any way or for any pybse which may eadange’ se health or unreasonakg"« disturb the Owner of any y Snhouse or any resident tateot Declarant, Ss Ss however, shall have the sole right to osel identifying signs of any size at each entrance to the Property. The Board of Digstiors reserves the right to afprove the design and ¢ & % ying of all signs, and resey the right to enter in and gh any Lot for the purpose of .

<& removing any sign being, eSintained thereon which hagsfot been approved. No busin8is activities, of any kingdatever shall be conductegdia any Townhouse or in any gSiton of = § &.

the Property. Howeye, this covenant shall not agit to Declarant or the Assagble, their S& agents and ase in furtherance of their pguirs and purposes.

& s 7.6 SVisuaL CONTROLS. ny clotheslines, equipment, Service yards or storage pass shail be kept within the pafio area or other screened argas so as to conceal CF Ry them view of neighboring eptiies and streets. All rap, trash and garbage & s opal be kept in containers wither the area provided with eacia Townhouse and designategs Ro Oe by the Association for coyettion purposes. FNS é s seco USES. Except in the ‘ggividual Patio areas appugran toa Townhouse, pi or gardening shall eg: and no fences, hedaggtér walls shall s

RK Ce Ro Oe by the Association for coyettion purposes. FNS é s seco USES. Except in the ‘ggividual Patio areas appugran toa Townhouse, pi or gardening shall eg: and no fences, hedaggtér walls shall s be erected or ‘maintained upon said Propatty, except privacy fences may be installed to partition a a fot backyard area as appro by the Association's Boargor Directors or their desiggited representative (Architegiral Committee). Except togthe right of ingress and & ages, the Owners of the Lage hereby prohibited and sce from using any of sags Property outside the exter buicing tines, exceptas hegéin provided or as may be atic by the Association's spond of Directors. It is ong acknowledged and aasge by all parties concemg@hat this Paragraph is for theta benefit of all Ownergist Lots in the Ss Ss NAVARRO TSWNHOMES Development, and is necessary for the protection of said s Owners. = 2 oO oO oe x Ss » #8 STRUCTURAL itegliry OF TOWNHOUSES. Sg Owner shall do no act s ngsany work that will impair the structural soundness or ogi of another Townausag rs < or impair any easement afiereditament, nor do any aftnor allow any condition to Bist s Ss Ss which will adversely affect the other Townhouses gi their Owners.

Oo x Unoficial Copy Unofficial Copy Unofficial Copy 7.9 Copy Unofficial.Copy Unofficial Copy ANTENNAS. Without prior te Unofficial Copy Unofficial Copy 0749991 exterior television or radio antennas of any sort shall be placed, allowed or maintained copy al Cop Inoffical Copy Unofficial Copy Onofficial Copy Papproval of the Board of Directors, no upon any portion of the improvements upon the Property, nor upon any structure situated upon Property. The placement any satellite system/dish must be approved by the ard of Directors or the designated representatives.

f the improvements upon the Property, nor upon any structure situated upon Property. The placement any satellite system/dish must be approved by the ard of Directors or the designated representatives.

Uncficial Copy Unofficial Copy Unoff 7.10 PARKING AND STORAGE AREA RESTRICTIONS. Each Lot will have visitors of theial Copyo Unoffi three (3) designated parking spaces which will be marked and reserved for use by the owner(s) of said appropriate.

lot owners. No parking space Any additional parking spaces are intended for the quests and Uno permission of the Association, be used for storage of boats, trailers, Campers, unused or ice on the Property shall.. without express inoperable automobiles or any other items which the Association deems unsightly or Unofficial Copy Unofficial Copy Unovicial 7.11 ΑΝΝΟYANCE jal cop.

Unofficial CO Unoff No activity shall be carried on upon any Lot which might 191 Unofficial Unofficial Cop Unofficial Copy 04245 ☑ unofficial Unofficial reasonably be considered as giving annoyance to neighbors of ordinary sensibilities and which might be neighbor cial Cosalculated to reduce the desirability of the Property as even though such activity the nature of a hobby and not carried on for profit. The Board of Directors of the Association shall have the sole and exclusive discretion to determine what constitues an annoyance.

official Copy Unofficial Copy Unofficial 7.12 NO DISCRIMINATION.

Owner or Owners in Un cial Co Unofficial Cop residential Association or its Board of Directors which in any manner would discriminate agains, Unofficial Copy Hofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Un fic of the other Owners.

Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy No action shall at any time be taken by the

y Hofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Un fic of the other Owners.

Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy No action shall at any time be taken by the Unofficial Copy Unofficial Cop 22 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Co Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficiati Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 8.1 Unofficial Copy Unofficial Copy Onofficial Copy Inofficial Copy Unofficial Copy Unofficial Copy ARTICLE VIKnofficial Copy Unofficial Copy EASEMENTS officia 0749991 ungttyCROACHMENTS. Each Townhouse shall be subject an easement for mofficial Copy Unofficial Copy official Copy minor encroachments created by construction, settling, overhangs, brick ledges, balconies, nofficier Copy fences or other protrusions designed or constructed by Declarant and for the maintenance (ipany) of same, so long as it exists. In the event a multi-family structure containing two Copy Unofficia Copy offic noffi copy (2) or more Townhouse Vors is partially or totally dyed and then rebuilt, the Own nofficia COPY of the Townhouses so affected agree that minor en roachments onto parts of the adjacent Adoyu 04245 Unofficial Co WA Copy Unofficia copy Townhouse Units due to construction or repair Mall be permitted and that a valid easement Unofficia Copy nos pers 192 8.2.

for said encroachment and the maintenance thereof shall exist.

COPY RESERVATION OF VARIANCE. In the original construction of Townhomes Uncficial Copy Unofficial Copy ore Property, Declarant expressly reserves the right, in order facilitate construction to avoid monotony of design, to extend front or

original construction of Townhomes Uncficial Copy Unofficial Copy ore Property, Declarant expressly reserves the right, in order facilitate construction to avoid monotony of design, to extend front or adjoining Lots and create a valid permanent easement for the maintenance of same and for the repair or rebuilding of such encroaching wal officia ac Unofficial Cop such encroachment.

Unofficial Copy Unoffi walls of Townhomes into or destruction thereof. Conveyance of the Lotoplot or tract upon which any such home is Copy Unofficial Copy Unofficial Copy the event of partial or total damage erected shall, without specific mention thereof, serve as a conveyance of the easement for Unofficial Copy Unofficial Cop Unoffice 3 ADDITIONAL EASEMENTS.

There is al Copy noffic Basement, upon, across, over and under said Property for ingress, egress, installation replacing, repairing and maintaining all utilities, including but not limited to, water, sewers, gas, telephones, electricity, cable television, and Unofficial copi Unofficial Copy by created a blanket By virtue of this easement, it shall be expressly permissible for the electric and/or Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 23 Dial co master televison cable/satellite system.

Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Co Unofficial Copy Unofficial Co Unofficial Co 3 : 3 : s s -: Sx voce ae i Qe EES OS .S LR 3 9 telephone company to erect and maintain tng Vecessary poles and otheg h necessary ms SF equipment opssaid property and to affix a maintain electric andlor gélephone wires, 4 “& } 5

telephone company to erect and maintain tng Vecessary poles and otheg h necessary ms SF equipment opssaid property and to affix a maintain electric andlor gélephone wires, 4 “& } 5 circuits and conduits on, above, acros® and under the roofs and eSlerior walls of said Townhauses. An easement is, in action, specifi cally granted to 0 fe United States Post @ ao any other United States eos Office services. An aspen is further granted wee z Ss police, fire protection, @hbuiance and all similar pasiins to enter upon the Lotgth the 3 performance of tha utes. Further, an easemait is hereby granted to the sociation its officers, pit employees or any gAorenen company duly ected by the %, he, RS Association? to enter in or to cross over a Lots and Townhomes to perform the duties of maintengnce and repair provided tosterein. Notwithstanding anything to the contrary & conjied in this Paragraph, no sdiers, electrical lines, vats or other utilities may & aS instated or relocated on ee Property, except as ig programmed and spor o by the Declarant or ote approved by Declagéit or the Association's age of s Directors. Should ey tlk furnishing a service afore by the general case herein oe provided reaugit a specific easement by eagle recordable documentgSeciarant shall s have the “ght during the Construction and Sale Period to grant such easement of said Propertysihout conflicting with the > gms hereof. The Saneriip provided for in this & artigeV VII shall in no way affect agi) other recorded casemenn said Premises.

s 8.4 UNDERSROYD ELECTRIC SERVICE. c Upraroun single phase Ble & service may be availabe" fo all residential Townhougs on the aforesaid Lots, wit the

affect agi) other recorded casemenn said Premises.

s 8.4 UNDERSROYD ELECTRIC SERVICE. c Upraroun single phase Ble & service may be availabe" fo all residential Townhougs on the aforesaid Lots, wit the < metering eauipmeg chal be located on the oor surfaces of walls at eis to be x designated by ge utility company. Forso ngs such underground sonics maintained, s 24 2 eRe oan at ~ ce cst Unoffical Copy unofficial Copy Unofficial Copy 0749991 Inofficed Copy Unofficial Copynofficial Copy the electric service to each Townhouse shall be uniform and exclusively of the type known Unofficial Copy Unofficial Copy Unofficial Copy as single phase 120/240 volt, 3-wire, alternating current. Easements for the underground service may be crossed by driveways, walkways and patio areas, provided the Declarant Unofficial Copy Unofficial Copy Unofficial Copy 04245 194 Unofficial Co Unofficial Copyo Unofficial Copy Unofficial Co makes prior arrangements with the utility company furnishing such service. Such Unoffice shall be kept clear of a buildings and neither the for the underground official Copy Unofficial Copy by either of them or their assigns, their agents or employees to shrubbery, trees, flowers Unofficial Copy Unofficial Copy Declarant nor the utility company using the easement shall be liable for any damage done Copy Unofficial Cop or other improvements of the Owner located on the land covered by said easements.

Unofacial Copy Unofficial Cope Unofas ARTICLE IX Unoff I or any Owner, shall have the right to GENERAL PROVISIONS or in equity, all restrictions, conditions, covenants, ENFORCEMENT. of Association, by any preceding at le COP Unofficial Co Unofficial Copy Unofficial Copy Unofficial Copy event be

GENERAL PROVISIONS or in equity, all restrictions, conditions, covenants, ENFORCEMENT. of Association, by any preceding at le COP Unofficial Co Unofficial Copy Unofficial Copy Unofficial Copy event be Declaration, the By-Law's and Articles of Incorporation. oration. Failure by the Association or by Unofficial Copy Unofficial Copreservations, liens and charges now or hereafter imposed by the provisions of this any Owner to enforce any covenant or restriction herein contained shall in Unofficial Co Unofficial Copy Unofficial Copy Invalidation of any one (1) of these covenants or no deemed a waiver of the right to do so thereafter.

restrictions by judgment or court orde shall in no wise affect any other provisions which 9.2 SEVERABILITY.

Unofficial Copy Unofficial Co 9.3 AMENDM a.

The covenants and restrictions of this Declaration shall run with and shall remain in full force and effect.

Unofficial Copy Unofficial Copy Unoficial ficial Co bind the land, and shall inure to the benefit of and be enforceable by the subject to this Declaration their respective Unofficial COP 25 Association, or the Owner of any Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Uno Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Con Unofficial Copy Uncficial Copy Unofficial Copy Unofficial Copy nofficialCopy Unofficial Copy Unofficial Copy Copy Unofficial Copy Unofficial Copy legal representatives, heirs, successors and assigns, for a term of thirty (30) years 0749991 from the date this Declaration is recorded, after which time said covenants shall be Inofficial Copy Unofficial Copy Unofficial Copy

rs, successors and assigns, for a term of thirty (30) years 0749991 from the date this Declaration is recorded, after which time said covenants shall be Inofficial Copy Unofficial Copy Unofficial Copy automatically extended for successive periods of ten (10) years. This Declaration Unofficial Copy Unofficial Copy Unofficial Coppy be amended during the first thirty (30) year period by Unoffical COP Inoffical Copy Unofficial, Copy s Ado noffical Copys Unofficial Co instrument signed by Owners of not less than percent (80%) of the in the Development, and thereafter by an instrument signed by Owners of not less than sixty-sever percent (67%) of the Lots now in the Development. Any amendment must be properly recorded in the Deed Records of Brazos County, Texas.

Copy However, notwithstanding the above, any amendment hereto or to the 6195 Unofficial Copy Unoffical Copy Unofficial By-Laws or to the Articles of Incorporation hereof (i) to change the method of levied against a Lot Arial Co Cop Unofficial Copy Unofficial Copy Unofficial Coptermining the obligations, assessments, dues or other charges which may be the exterior Unoth COP or (ii) to change, waive, oro regulations, or enforcement thereof, pertaining to the architectural design or the of the Lots and Mortgagees (based upon one vote for each mortgage owned).

and plantings have the additional approval Unofficial Copy Unofficial Cop abandon any scheme of thereon, or the upkeep of lawns sixty-seven percent (67%) of the First C. Any material amendment, including any amendment affecting any of First Mortgagees (based wo hofficial Copy Unofficial Copy Unofficial following must have the additional approval of fifty-one percent (51%) of the (1) (2) copoting; replacement of the project; on one vote for each mortgage owned):

ficial Copy Unofficial Copy Unofficial following must have the additional approval of fifty-one percent (51%) of the (1) (2) copoting; replacement of the project; on one vote for each mortgage owned): Reserves for maintenance repair and Unoficial Copy Unofficial Copy Unoficial Co (3) Insurance or fidelity bonds; Unofficial Co Onofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 26 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofcia Unofficial Copy Unoffical Unofficial 04245 Unofficial Unofficial Copy Unofficial Copy Unofficial.Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy (5) Responsibility for maintenance Rights to use of the Property; Inofficial Copy Unofficial 0749991 Copy Unofficial Copy of the Property (6) Expansion of contraction of the Project or the addition or withdrawal of property to or from the Project; oundeal Cop Copy Unoff (7) (8) (9) بي of any Lot; interests in the Property; 04245 Unofficial Co Unofficial Copy Unofficial Copy Unofficio Copy Convertibility of Lots into Common Areas or of Common reas Unofficial Copy Unoffidal Copy Unofficial Copy 196 Unofficial Co Unoficial Cop Unofficial Cop Unofficial Copy UnofficialCo Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy

f Common reas Unofficial Copy Unoffidal Copy Unofficial Copy 196 Unofficial Co Unoficial Cop Unofficial Cop Unofficial Copy UnofficialCo Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unonicial Co Unofficial Copy Unofficial Co & & & Declaration 1 afthe By-Laws by an instrumestt i in writing duly signed, acknwledged 3 and fi eg record, for the purposes resolving or clarifying anttroipues or herein, or to comply with the requirements of Federal Home Loan Mortgage Q 4 2 4 confiicts herein, or correcting any“inadvertent misstatements,frors or omissions s é Corporation, Federal Nati Mortgage Association, yghren 's Administration, or é i Pal Federal Housing Adrian, provided that no suctSmendment shal changethe® 9 vested property ais of any Townhome Owngs & xs 7 : 9.4 monnéAGeE RIGHTS. * e SS Ss 3 ae Upon written request togfie Owners Association any, sider of a first Oo morgage lien will be entitled to: (aspect the books and record¥of the Association s -dyring normal business hours, receive annual financial sn audited and & otherwise, within ninety (ggNiays following the end of tysociatin Ss fiscal year, oy ‘YY Gn (iii) receive notice of 14 Association’ 's meetings ang Yesignate a representative oe x attend such egies, (iv) receive notice of ae default in the perfomance its & MON OF gfiny obligation under this péSiaration or the By-Laws wih is not s& & cured yn sixty (60) days, and (v) geeeive notice of any propose action which oO recoltes the consent of a specifi of percentage of eligible mortage holders. SS 3 b. The Association Shall immediately reimburse Bist Mortgagees who 3 »

gible mortage holders. SS 3 b. The Association Shall immediately reimburse Bist Mortgagees who 3 » 3 9.5 LEASES. Ag! lease agreement between ave Owner and a lessee shall be Se Se & in writing and provide at the terms of the lease & subject to the provisions a the Declaration, By- tag and Articles of incororatig and any violation of any aySiision of & & saicl documery be a default under the gins of the lease. & &.

Unghelal Copy Unofficial Copy Unofficial.Copy 9.6 Unit on whichofficial to be 9.7 Lofficial Copy Unofficial Copy official Copy Unofficial Copy SUBSTANTIAL TAKING OR DESTRUCTION. Any holder of a first mortgage Pit holds the mortgage.

0749991 lien will be entitled to timely written notice of sto stantial damage to or destruction of any Unofficial Copy Unofficial Copyofficia aken by eminent domain or Unofficial Copy Unofficial Copy doun Unofficial copy oficial Copy official Copy CONDEMNATION. If all or any part of the Property is taken or threatened timely written notice othe Mortgagees nofficialCopy or temporary), the Association and each Owner be entitled to knowopy ProfficialCol official py Adou by power in the nature of eminent domain (whether in proceedings incident thereto at their respective expense. The Association shall copy fficial Sopy Caofficia the existence of such proceedings to all Owners and toall First to the Association to have an interest in any Lot. TheoP appraisers, architects, 04245 official y Unofficialtopy participation in such proceedings by the Association may be borne by the Common Fund.

The Association is specifically authorized to obtain and pay for such assistance form relating to such proceeding 9.8 Addy

ation in such proceedings by the Association may be borne by the Common Fund.

The Association is specifically authorized to obtain and pay for such assistance form relating to such proceeding 9.8 Addy PofficialCopy off engineers, expert witnesses officio pense of ve Association in its discretion deems necessary or advisable to aid or advise it in matters Unofficial Copy construed to Sem official Copy Unofficial Copy Unofficial Copy of Copy official Copy Unofficial COPY other persons as the GENDER AND GRAMMAR. The singular wherever used herein shall be the plural when applicabled the necessary grammatical changes official Copy required to make the provisions hereof apply either to corporations or individuals, men or women, in all cases shall be assumed as though fully expressed in each case.

efits hand and seal this WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereto day of 2001.

Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficia Copy Unofficial Copy Unofficial Copy Unofficial Copy 10 ய 8 Unofficial Co Unofficial Co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Co Unofficial Copy Unofficial Co Unofficial Copy Unofficial Copy Unofficial Copy ATTEST: Unofficial Copy Unofficial Copy Unofficial Copy Vill H THE STATE OF TEXAS § Unofficial Copy Unofficial Copy Unofficial Copy COUNTY OF BRAZOS $ tial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy BY: Official Copy 0749991 General Partner B. A. Cathey, LTD B. A. Cathey Development, Inc.

ial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy BY: Official Copy 0749991 General Partner B. A. Cathey, LTD B. A. Cathey Development, Inc.

B. A. CATHEY, President This instrument was acknowledged on this theial Copy Unofficial Copy Cophall NOTARY PUBLIA SUSAN L. TOOMER A. Cathey Cathey, LTD on of said limited liability company.

by B. A. Cathey, as President of B. A. Cathey Development, Inc., General Partner of B. A.

STATE OF TEXAS SEPTEMBER 21 2003 Notary Public, State of Texas My Commission Expires Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Onofficial Copy Unofficial Copy Unofficial Copy Unofficial Co 04245 Unofficial official Copy Unofficial thday oly of Unofficial Copy Notary Public in and for the State of Texas 2001, 199 Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy BRAZOS COUNTY, HONORABLE KAREN WESTO AUNTICO CETECH G STATE OF TEXAS cial Copy COUNTY OF the date and time stamped berean by s I hereby certify that this instrusent was fin the BRAZOS COUNTY, of the saved records of: and wastly recorded in the valuse and page as stamped bereak Jul 30 Unofficial Copy UR ffic Unofficia Copy On: Jul 25, 2001 at 04:35PM BRAZOS COUNTY, Filed for Record in: As a sbutprosy Unoffic Document Numbers Asount Receipt Number By, Barbara Johnson 74.00 8749991 Unofficial Coby Unoffi Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy

Johnson 74.00 8749991 Unofficial Coby Unoffi Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Feb 14 Inofficial.Copy 07/27/2001 19 FAX 979 778 2712 Michael Unofficial Copy Unofficial Copy 02:53p DAVIS & DAVIS Clure Unofficial Copy Unofficial Copy Unofficial Copy 9 693-2554 icial Copy Unofficial Copy Omofficial Copy FIELD NOTES 0.6454 ACRES 001 749991 Unofficial Copy Unofficial Copy Unofficial Copy 3 Being all that certain tract or parcel of land lying and being situated in the CRAWFORD BURNETT SURVEY, Abstract No. 7, College Station, Brazos County, Texas and being a portion of the 16.914 acre tract conveyed to Brazos Triad Land Development Partnership, Ltd. by Prank Elbrich, Sr., et al by deed recorded in Volume 3290, Page 342 of the Official Records of Brazos County, Toxas (O.R.C.) and being the same land described as Lots 1 through 14 on the un-recorded final plat of Stesslechase Subdivision, Phase Seeen (dated December, 2000) and being more particularly described by metes and bounds as follows: Unofficial Copy Unofficial Cop COPY 4 2 COMMENCING: at a found 12 inch iron rod marking the most or herly corner of Lot 1, Blockcopy Unofficial Copy 5, Steeplechase Subdivision, Chase Three as recorded in Volume 3454, Page 159 (O.R.B.C.), th most easterly corner of said Steeplechase Subdivision, Phase Soven and being in the northwest rightof-way line of Navarro drove (based on a 60-foot width as fescribed by Plat recorded in Volume 3454, Page 157 [O.R.BC.]); THENCE: N 63° 10099" W along the common line opthe said Steeplechase Three and Seven foda distance of 237.37 feet to a found 5/8-inch iron rod;

ed by Plat recorded in Volume 3454, Page 157 [O.R.BC.]); THENCE: N 63° 10099" W along the common line opthe said Steeplechase Three and Seven foda distance of 237.37 feet to a found 5/8-inch iron rod; THENCE: S 28 S 42" W into the interior of the said Steeplechase Subdivision, Prose Seven for a distance of 5024 feet to a 1/2-inch iron rod set for the POINT OF BEGINNINGO THENCE: along the outer margin of Lots 1 through 14 as described on the said unrecorded plat of Steeplechase Subdivision, Phase Seven for the following eight (8) calls: Unofficial Copy Unofficial Copy Unofficio 6) Subdivisior Phases cial C 1) 537 51'52" E for a distance of 42.27 feet to a 1/2-inch iron rod set for corner, 2)°N 46° 49' 16" E for a distance 17.35 feet to a 1/2-inch iron roo set for corner, S 48° 29' 36" E for a distanceof 62.27 fect to a 1/2-inch ironed set for corner, S 46° 49' 16" W for a distance of 226.72 feet to a 1/2-inch irgon rod set for comer, from whence a set 1/2-inch iron rod bears S 04' 55' 12" E at distance of 87.18 feet for reference, 5) N 48° 29' 36" W for distance of 62.27 feet to a 1/2-inch iron rod set for corner, S 46° 49' 16" W for a distance of 17.35 feet to a 1/2-inch iron rod set for comer, 9 9 A 7) N 37° 51'52" W for a distance of 62.27 fect to a 12-inch iron rod set for comer anval Copy Unofficial Copy containing 0.0454 acres of land, more or less..

I. Michael R. McCl Cop B) N 4649" 16" for a distance of 226.72 feet to the POINT OF BEGINNGod Registered Professional Lang Copy Unoffie certify that this survey substantially complies with the current Texas Society ociaCopy Surveyors Stansfards and Specifications for a Category IB, Condition 11 Survey.

is based on the Standard Land Survey and Plat dated February 14, 2001.

Unofficial Copy Unofficial Copy Unofficial Copy

y Surveyors Stansfards and Specifications for a Category IB, Condition 11 Survey.

is based on the Standard Land Survey and Plat dated February 14, 2001.

Unofficial Copy Unofficial Copy Unofficial Copy Surveyor No. 2859 in the State of Texas do Micho of R. McClure, R.P.L.S. #2859 Unofficial Copy Unofficial Copy Unofficial Copy Exhibit A Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unchis Professional description 4 Unofficial Co Unofficial Co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Co Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unetticial Co Unofficial Copy Unofficial Co Unofficial Copy Unofficial Copy Unofficial, Copy Urofficial Copy Unofficial Copy Unofficial Copy 07/27/2001 10:13 FAX 979 776 2712 official Copy Unofficial Copy Unofficial Copy DAVIS & DAVIS EXHIBIT "BUnofficial Copy Unofficial Copy icial Copy Page 1 Official Records of Brazos County, Texas.

County, Texas, according to the Plat recorded in Volume 4069 Page 121, of the Lots 12, Steeplechase Subdivision Phase Seven, City of College Station, Brazos Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 20038 0749991 ficial Copy Unofficial Copy Unofficial Copy 04245 nofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial so Unofficial 1998 Unofficial

Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial so Unofficial 1998 Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficiak Unofficial Copy