Document

After Recording Return To: Robert D. Burton Winstead, PC 401 Congress Ave., Suite 2100 Austin, Texas 78701 DECLARATION : CONDITIONS NS af (USA) Real Estate Group Inc., a Delaware corporation This Declaration of Covenants, Conditions and Restrictions may be used only in connection with the residential community known as Parkside in Collin County, Texas and the operation of Celina Parkside Homeowners Association, Inc., a Texas non-profit corporation 4837-0728-4772v.6 52952-27 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PARKSIDE TABLE OF CONTENTS ARTICLE 1 DEFINITIONS...

ARTICLE 2 GENERAL AND USE RESTRICTIONS 2.01 2.02 2.03 General...

Conceptual Plans.

Single-Family Residential Use.

2.05 Rentals.

2.06 2.08 Insurance Rates 2.10 Noise.

2.04 Provision of Benefits and Services to Service Areas Subdividing.

2.07 Hazardous Activities 2.09 Mining and Drilling 2.11 Animals - Household Pets.

2.12 Rubbish and Debris 2.13 Trash Containers.

2.14 2.15 Maintenance 2.16 Street Landscape Area-Owner's Obligation to Maintain Landscaping 2.18 Location of Permitted Antennae 2.20 Flags Approval Requirements.

Flags-Installation and Display Temporary Structures Outside Storage Buildings..

Unsightly Articles; Vehicles.

Unofficial Page 1 7 9 10 11 11 11 12 12 12 12 13 13 13 14 14 14 15 16 17 17 18 18 18 18 2.27 Mobile Homes, Travel Trailers and Recreational Vehicles.

Basketball Goals; Permanent and Portable.

19 19 2.28 Compliance with Restrictions.

20 2.29 Liability of Owners for Damage to Common Area or Special Common Area..

i 20 PARKSIDE 4837-0728-4772v.6 52952-27 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2.30 No Warranty of Enforceability 21 2.31 Party Wall.

21 2.32

ge to Common Area or Special Common Area..

i 20 PARKSIDE 4837-0728-4772v.6 52952-27 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 2.30 No Warranty of Enforceability 21 2.31 Party Wall.

21 2.32 Playscapes and Sports Courts.

22 2.33 Decorations and Lighting.

22 2.34 2.35 2.36 Limited or Restricted Driveway Parking ARTICLE 3 CONSTRUCTION RESTRICTIONS.

3.01 Approval for Construction....

3.02 Garages 3.03 Building Restrictions.

3.04 Construction Activities 3.05 Roofing.

3.06 Compliance with Setbacks 3.07 Solar Energy Device.

3.08 Rainwater Harvesting Systems 3.09 Xeriscaping.

24 25 25 26 28 ARTICLE 4 CELINA PARKSIDE HOMEOWNERS ASSOCIATION, INC.

30 4.01 Organization 30 4.02 Membership 30 4.03 Governance..

32 4.04 Voting Rights 32 4.05 33 4.06 Acceptance of Common Area and Special Common Area...

37 37 38 Bulk Rate Contracts..

38 Community Systems.

39 Protection of Declarant's Interests 39 Administration of Common Area and the Special Common Area 39 4.13 Maintenance Provided by Association.

40 40 Ordinance 2013-34.

ARTICLE 5 INSURANCE Insurance..

5.02 Restoration.

5.03 Mechanic's and Materialmen's Lien 40 41 41 41 42 Unofficial.

Water Quality Facilities, Drainage Facilities and Drainage Ponds Model Home 23 23 23 ARTICLE 6 COVENANT FOR ASSESSMENTS 4837-0728-4772v.6 52952-27 ii 42 PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 6.01 Assessments 42 6.02 Maintenance Fund.

43 6.03 Regular Assessments 43 6.04 Special Assessments.

44 6.05 Special Common Area Assessments.

44 6.06 Service Area Assessments 6.07 Individual Assessments.

6.08 Working Capital Assessment..

6.09 Amount of Assessment.

6.10 Late Charges...

6.11 Owner's Personal Obligation; Interest 6.12 Assessment Lien and Foreclosure.

6.13 Exempt Property.

6.14 Fines and Damages Assessment..

Assessment..

6.09 Amount of Assessment.

6.10 Late Charges...

6.11 Owner's Personal Obligation; Interest 6.12 Assessment Lien and Foreclosure.

6.13 Exempt Property.

6.14 Fines and Damages Assessment..

ARTICLE 7 ARCHITECTURAL CONTROL COMMITTEE 7.01 Construction of Improvements 7.02 Architectural Control Committee ARTICLE 8 MORTGAGE PROVISIONS.

8.01 Notice of Action.

8.02 Examination of Books.

8.03 Taxes, Assessments and Charges......

ARTICLE 9 GENERAL PROVISIONS...

9.01 Eminent Domain..

Enforcement......

9.05 Higher Authority.

Severability.

9.07 Conflicts Acceptance by Grantees Damage and Destruction.

No Partition Notices..

View Impairment..

Unofficial 44 45 45 46 49 50 50 50 54 54 54 54 55 55 55 55 56 56 57 57 57 57 57 59 59 59 9.14 Safety and Security.

59 ARTICLE 10 EASEMENTS.

60 10.01 Right of Ingress and Egress.

60 iii PARKSIDE 4837-0728-4772v.6 52952-27 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 10.02 Reserved Easements.

61 10.03 Improvements, Roadway and Utility Easements.

10.04 Subdivision Entry and Fencing Easement.

10.05 Landscape and Monument Sign Easement.

61 61 62 62 10.06 Declarant as Attorney in Fact ARTICLE 11 DEVELOPMENT RIGHTS 11.01 Development by Declarant 11.02 Special Declarant Rights.

11.03 Addition of Land 11.04 Withdrawal of Land 11.05 Notice of Plat Recordation 11.06 Assignment of Declarant's Rights.

63 63 63 63 Unofficial iv PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 4837-0728-4772v.6 52952-27 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PARKSIDE This Declaration of Covenants, Conditions and Restrictions (the “Declaration”) is made by Forestar (USA) Real Estate Group Inc., a Delaware corporation (the “Declarant’”), and is as follows: RECITALS:

This Declaration of Covenants, Conditions and Restrictions (the “Declaration”) is made by Forestar (USA) Real Estate Group Inc., a Delaware corporation (the “Declarant’”), and is as follows: RECITALS: A. This Declaration is filed with respect to that certain real peOper Collin County, Texas, described on Exhibit “A”, attached hereto_and i reference (the “Property”). Declarant is the owner of the Proper parties having right, title, or interest i their heirs, successors, and assigns a (ii) that each contract or deed cop¥eying the live 4 conditions and restrictions, regardless off whether or not the same are set out in full or by Thi text set apart in boxes) to illustrate concepts and assist the reader. yéen any note and the text of the Declaration, the text will control.

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

“Applicable Law” means the statutes and public laws and ordinances in effect at the time a provision of the Restrictions is applied, and pertaining to the subject matter of the PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS , PAGE 1 4837-0728-4772V.6 52952-27 Restriction provision, including but not limited to Ordinance 2013-34 (defined below), the Development Agreement by and between Celina West 85 Associates and the City of Celina, dated June 3, 2003, as amended, and all other ordinances and any other applicable building codes, zoning restrictions and permits or other applicable regulations. 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,

nces 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 Texas non-profit corporation, which and assume the powers specified in Ar expiration ortéfmination of the Development Period.

“Bylaws” means the Bylaws of the Association as adopted and as amended from time to time by a Majority of the Board.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 2 4837-0728-4772V.6 52952-27 “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 City of Celina, Texas.

“Common Area” means any property and facilities that the Association owns or in which it otherwise holds rights or obligations, including any property or facilitiag held by the Declarant for the benefit of the Association or its Members. Common Area ak : property that the Association holds under a lease, license, or any easement in Association. Some Common Area will be solely for the common use and enjo Owners, while other portions of the Common Area may be for the use a Owners and members of the public. : W. ¢ “ft Community Manual” means the community manual, and recorded by the Declarant as part of the initial project documenta Association. The Community Manual may include the B policies set forth g Declarant during the ological advances not now known), if installed by or authority by Declarant within the Property.

DedarantAnj o¥s special rights and privileges to help protect its investment in the

eclarant during the ological advances not now known), if installed by or authority by Declarant within the Property.

DedarantAnj o¥s special rights and privileges to help protect its investment in the Rgoperty. Th€se special rights are described in this Declaration. Many of these rights pt-teTminate 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.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 3 4837-0728-4772V.6 52952-27 “Design Guidelines” means the standards for design, construction, landscaping, and exterior items proposed to be placed on any Lot adopted pursuant to Section 7.02(c), 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, Declarant will have no obligation to establish Design Guidelines for the Property or any portioy “Development Period” means the period of time beginning on the dave Declaration has been Recorded, and ending twenty-four (24) months aftes written instrument executed by the Declarant. The Developmen, riod 4 Declarant reserves the right to facilitate the development, con j “Homebuilder” means an Owner (other than the Deg construction of a single family residence for resale fg a third %, ions to the Property, OS site work, alteration of every type and kind, whether d to, buildings, outbuildings, drainage flow, and every structure a temporary or permanent in nature,

esale fg a third %, ions to the Property, OS site work, alteration of every type and kind, whether d to, buildings, outbuildings, drainage flow, and every structure a temporary or permanent in nature, storage sheds, patios, tennis courts, spoy eatidyal facilities, swimming pools, putting greens, garages, driveways, parking arede sigs, storage buildings, sidewalks, fences, gates, screening walls, retaining P decks, walkways, landscaping, mailboxes, poles, signs, antennae, exterior / Ni «pment or fixtures, exterior lighting fixtures, water softener fixtures or equi means every person or entity that holds membership privileges in the Association.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 4 4837-0728-4772V.6 52952-27 “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).

“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 Mortge Mortgage prior to its acquisition of fee simple interest in such Lot pursuant to fé lien of its Mortgage.

pee under a "Ordinance 2013-34" means that certain City Ordinance 2013-34, asl amended and modified from time to time.

“Plat” means a Recorded subdivision plat of any mé amendments thereto.

“Property” means that certain real property describé and incorporated herein by reference, subject to as may be made pursuant to Section 11.03 and $é “Resident” means an occupan owns the Lot.

“Restrictions” means the festfictions, cO¥enants, and conditions contained in this Declaration, the Design Guide] Lorin s, Community Manual, Rules and Regulations, or in

means an occupan owns the Lot.

“Restrictions” means the festfictions, cO¥enants, and conditions contained in this Declaration, the Design Guide] Lorin s, Community Manual, Rules and Regulations, or in any other rules and regyletiens Rrontalgeted*by the Association pursuant to this Declaration, as ee Table 1 for a summary of the Restrictions.

eans any instrument, however denominated, which is adopted byN 8 tke regulation and management of the Property, the Common Area, or mcluding any amendments to those instruments.

ice Apa” means a group of Lots designated as a separate Service Area pursuant to this Dexlaratien £61 p&rpose of receiving benefits or services from the Association which are not providedNg all Lets. A Service Area may be comprised of more than one type of use or structure and may include noncontiguous Lots. A Lot may be assigned to more than one Service Area. Service Area boundaries may be established and modified as provided in Section 2.04.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 5 4837-0728-4772v.6 52952-27 “Service Area Assessments” means assessments levied against the Lots in a particular Service Area to fund Service Area Expenses, as described in Section 6.06.

“Service Area Expenses” means the estimated and actual expenses which the Association incurs or expects to incur for the benefit of Owners within a particular Service Area, which may include a reasonable reserve for capital repairs and replacements.

“Special Common Area” means any interest in real property or improve designated by Declarant in this Declaration or in any written instrument Recorded%k (which designation will be made in the sole and absolute discretion of Declg Special Common Area Assessments attributable thereto, to one o

in this Declaration or in any written instrument Recorded%k (which designation will be made in the sole and absolute discretion of Declg Special Common Area Assessments attributable thereto, to one o Lots or Owners, and is or will be conveyed to the Association will be granted rights or obligations, or otherwise held by the De giit of the Association. The Declaration or other written notice will identif such Special Common Area and further indicate whether thg Area is assigned to such parties for the purpose of exclusive use pesiél Common Area Assessments or only for the purpose of paying 9} sessments attributable thereto. By way of illustration and not limi Afea might include such things as private drives and roads, entra tics a Q onumentation or signage, wif, repair and replace Special Common jtal repairs and replacements.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE6 4837-0728-4772V.6 52952-27 TABLE 1: RESTRICTIONS Declaration (Recorded) Creates obligations that are binding upon the Association and all present and future owners of Property.

Certificate of Formation (Recorded) Establishes the Association as a Texas nonprofit corporation.

Governs the Association’s internal affairs, ~ as elections, meetings, etc.

commis) [Ete Sa i ROR the Association.

Design Guidelines (if adopted, Recorded) Governs the design and architectural té Rules and Regulations (if adopted, Recorded) Board Resolutions (adopted by the Board of the Association) _ Notice of Withdrawal of Land (Recorded) Establishes rules, pop Owners @ yssocial Notice of Addition of Land (Recorded) the jurisdiction of the Notice of Plat Recordation (Recorded gcific residential Lots within a Plat. Upon oo gatiof¥ of a Notice of Plat Recordation, the Property

Notice of Addition of Land (Recorded) the jurisdiction of the Notice of Plat Recordation (Recorded gcific residential Lots within a Plat. Upon oo gatiof¥ of a Notice of Plat Recordation, the Property 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 NERAL AND USE RESTRICTIONS perty shall be owned, held, encumbered, leased, used, occupied, and enjoyed ollowing limitations and restrictions: 2.01 eneral, (a) Conditions and Restrictions. All Lots within the Property will be owned, held, encumbered, leased, used, occupied and enjoyed subject to the Restrictions.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 7 4837-0728-4772V.6 52952-27 (b) Ordinances, Ordinances and requirements imposed by local governmental authorities are applicable to all Lots within the Property, including but not limited to Ordinance 2013-34. 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 Applicable Law, requirements, limited to Ordinance 2013-34, prior to submitting plans to the AC Furthermore, approval by the ACC should not be construed by the Ownte Improvement complies with the terms and provisions of any ,Applj requirements, or encumbrances which may affect the Ownét’s encumbrances may benefit parties whose interests are ddref CERTAIN INSTANCES ORDINANCE 2013-34, AS TH @ AND THE RESTRICTIVE REQUIREMENT WILL APPLY, COMPLIANCE WITH A MORK om fime to time. By owning or occupying a

may benefit parties whose interests are ddref CERTAIN INSTANCES ORDINANCE 2013-34, AS TH @ AND THE RESTRICTIVE REQUIREMENT WILL APPLY, COMPLIANCE WITH A MORK om fime to time. By owning or occupying a Lot, you agree to remaih i nce with the Restrictions, as they may change from time to time e “Conceptual Plans”) are conceptual in nature and are intended Arposes only. The land uses and Improvements reflected on the x omebuilder or other developer of any portion of the Property, the Common Area, or the Special Common Area makes any representation or warranty concerning such land uses and Improvements shown on the Conceptual Plans or otherwise planned for the Property, the Common Area, or the Special Common Area and it is expressly agreed and understood that PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 8 4837-0728-4772V.6 52952-27 no Owner will be entitled to rely upon the Conceptual Plans or any statement 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 land or Improvements within the Property. Each Owner who acquires a Lot within the Property acknowledges that development of the Property, the Common Area, or the Special Common Area will likely extend over many years, and agrees that the Association will not engage in, or use Association Property, the Common Area, or the Special Common Area or changes in the Cdx as they may be amended or modified from time to time.

2.03 Single-Family Residential Use. The Lots shall be used sol¢ family residential purposes.

- within a residence so long as: (i) such activity complies with g activity is conducted without the employment of p constructed in the Lot; (iii) the existence or operé

¢ family residential purposes.

- within a residence so long as: (i) such activity complies with g activity is conducted without the employment of p constructed in the Lot; (iii) the existence or operé not involve door-to-door es not, in the Board’s judgment, of vehicles parked within the ig typical of residences in which no activity is consistent with the residential character of the Property and dogs afi Mwisance, or a hazardous or offensive use, or smell from outside the residence; (iv) solicitation of residents within the Propé generate a level of vehicular or pedes Property which is noticeably greater g sole discretion of the Board; 4 machinery other than purpose of obtainin srmal household operations. In addition, for the 2 ercial license, neither the residence nor Lot will be e terms “business” and “trade”, as used in this provision, érdinary, generally accepted meanings and shall include, spation, work, or activity undertaken on an ongoing basis which eives a fee, compensation, or other form of consideration, regardless of ty is engaged in full or part-time; (y) such activity is intended to or does a license is required.

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.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 9 4837-0728-4772v.6 52952-27 Notwithstanding any provision in this Declaration to the contrary, until the expiration or termination of the Development Period: (a) Declarant and/or its assignees may construct and maintain upon portions of the Common Area, the Special Common Area, any Lot, or portion of the Property

n or termination of the Development Period: (a) Declarant and/or its assignees may construct and maintain upon portions of the Common Area, the Special 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 inéidental to the construction or sale of single family residences or other Improvements cé the Lots, including, but not limited to, business offices, signs, model ho offices. Declarant and/or its assignees shall have an easement ove Common Area and the Special Common Area for access and use 0 charge; and (b) Declarant and/or its assignees will have a across the Common Area and the Special Common Area constructing and installing Improvements upon Common Area.

gation) as it deems appropriate, wly created, and may require that the Association provide benefits o Association generally proyd with the provision of s Lots within the Segyj he Association: (i) special benefits or services which are not or (ii) a higher level of service than the Association otherwise administrative charge in such amount as the Board deems appropriate (provided, any such administrative charge will apply at a uniform rate per Lot among all Service Areas receiving the same service). Notwithstanding the foregoing, until expiration or PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 10 4837-0728-4772V.6 52952-27 termination of the Development Period, the Declarant shall have the right to withhold its consent for any petition to designate Lots as a Service Area in Declarant’s sole and absolute discretion. If approved by the Board, the Declarant during the Development

have the right to withhold its consent for any petition to designate Lots as a Service Area in Declarant’s sole and absolute discretion. If approved by the Board, the Declarant during the Development Period, and the Owners of at least sixty-seven percent (67%) of the total number of votes held by all Lots within the proposed Service Area, the Association will provide the requested benefits or services on the terms set forth in the proposal or in a manner otherwise acceptable to the Board. The cost and administrative charges a such benefits or services will be assessed against the Lots within such Se Service Area Assessment.

Sociated with (c) The Association may, from time to time, include adg of Improvements or Lots or remove components of Impro Area; however, unless otherwise approved by the Dec Period, in no event may the Association at any time rem§ components of any Improvements or Lots previousl Development Period, any addition or rg 6 R Improvements or Lots must be approved by two-thirds (2/3) 6 é \ g held by all Lots within a Service Area. During the Devele iow, the € Area may be modified or gn or amendment to the Service 2.05 Rentals. Nothing in this Be sha prevent the rental of any Lot and the jdential purposes; provided that all rentals U ON .

Ri msJ Notice of any lease, together with such additional te-Board, will be remitted to the Association by the Owner apptoval of the ACC; provided, however, that when Declarant is the ant may further divide and subdivide any Lot and convey any easements an the whole, all without the approval of the ACC.

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.

approval of the ACC.

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.

Without limiting the generality of the foregoing, no firearms or fireworks may be discharged PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 11 4837-0728-4772V.6 52952-27 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.

2.08 Insurance Rates. Nothing shall be done or kept on the Propert increase the rate of casualty or liability insurance or cause the cancellation of any on the Common Area or Special Common Area, or the Improvements located thee the prior written approval of the Board.

2.09 Mining and Drilling. Except for the Third Party @j defined below, no portion of the Property, the Common Are may be used for the purpose of mining, quarrying, drilling, ée as fill provided Improvements and/or wells must also be approved in grity. This Section 2.09 shall not apply thereof or some interest therein, that 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, chickens, exotic snakes or lizards, ferrets, monkeys, or other exotic animals).

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 12

nal pets such pot-bellied pigs, miniature horses, chickens, exotic snakes or lizards, ferrets, monkeys, or other exotic animals).

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 12 4837-0728-4772v.6 52952-27 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 waste will be removed and appropriately disposed of by the ow, registered, licensed and inoculated as required by Applicable Law its sole discretion, that a pet becomes a source of unreasonable ay owner of the pet fails or refuses to comply with these restrigeto kind may be placed or permitted to accumulate on permitted to arise therefrom so as to esidents. Refuse, garbage, and containers must be kept within Each Owner will contract with an er that the trash container and recycling bin is not visible from or adjacent Lot. .

which tra3q contajfers or recycling bins must be stored.

2.14 Drainage. 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, PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 13 4837-0728-4772v .6 52952-27

ision is made for proper drainage and such provision is approved in advance by the ACC. Specifically, PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 13 4837-0728-4772v .6 52952-27 and not by way of limitation, no Improvement, including landscaping, may be installed which impedes the proper drainage of water between Lots.

2.15 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 whethepaviolation of the maintenance obligations set forth in this Section 2.15 has occurred. Su tenance includes, but is not limited to the following, which shall be performed in a time er, as determined by the Board, in its sole discretion: (a) Prompt removal of all litter, trash, refuse, oe (b) Lawn mowing.

(c) Tree and shrub pruning.

(d) (e) Watering of lawn and landgeying 2.17 Antennae. Except as expressly provided below, no exterior radio or television antennae 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: PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 14 4837-0728-4772v.6 52952-27 (a) an antenna designed to receive direct broadcast services, including directto-home satellite services, that is one meter or less in diameter; or (b) an antenna designed to receive video programming services via multipoint distribution services, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution

ve video programming services via multipoint distribution services, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, that is one meter or less in diameter or diagonal measurement; o (c) signals; permitted subject to reasonable requirements as to location and (collectively, (a) through (c) are referred to herein as the “Pe rules adopted by the ACC, consistent with Applicable Law, in & p s for a master portion of the eedfshes 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 and Regulations may be modified by the ACC from time to time. Please contact the ACC for the current rules regarding PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 15 4837-0728-4772V.6 52952-27 2.19 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: (a) signs which are expressly permitted pursuant to the Desigy Rules and Regulations; (b) signs which are part of Declarant's or Homebuilder’s ovgexa sale, or construction plans or activities for the Property; (c) two (2) temporary school “spirit” sign pie agé a be professionally made and shall be limited to maximum overall height of the sign from finished grade at the not exceed four (4) feet. The sign must,be remgved following the athletic season for which ingsin (d) one (1) temporary “Fq professionally made and shall bg*Ihy on each visible side and, if fr overall height of the sign from located may not exceed four (4) fee

the athletic season for which ingsin (d) one (1) temporary “Fq professionally made and shall bg*Ihy on each visible side and, if fr overall height of the sign from located may not exceed four (4) fee days following the sale or leaSé daor frame Mi the residence, does not exceed twenty-five (25) square inches; (g) | permits as may be required by legal proceedings; and (h) permits as may be required by any governmental entity.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 16 4837-0728-4772V .6 52952-27 An Owner or Resident will be permitted to post a “no soliciting” and “security warning” sign near or on the front door to their residence, provided, that the sign may not exceed twentyfive (25) square inches.

2.20 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 Military, or one (1) flag with official insignia 9fXa college or Approval by the ACC is required prior to installing vertical fre the front or back yard area of any Lot (“Freestanding Flagpole”) 2.21 Flags — Installation and Display. Unless otherwise writing by the ACC, Permitted Flags, Permitted Flagpoles a in accordance with the Flagpole Application, mustaomply (a) No more than one (1) fre Set Freestanding Flagpole must comply with all Applicable Law, setbacks of record; efent, long-lasting materials, with a finish appropriate to the materials used in the construction thereof and harmonious with the residence; PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 17 4837-0728-4772V.6 52952-27 (g) Any Permitted Flag, Permitted Flagpole, and Freestanding Flagpole must

monious with the residence; PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 17 4837-0728-4772V.6 52952-27 (g) 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; (h) A Permitted Flag may be illuminated by no more than one (1) halogen landscaping light of low beam intensity which shall not be aimed towgfg or directly affect any neighboring Lot; and permitted on any Lot without the adorance writtey approe must be screened from: view in accordance wi setbacks. No storage building may be used for habitation.

2.25 Unsightly Articles; Vehicles. 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 PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 18 4837-0728-4772V.6 52952-27 public or private thoroughfares. Without limiting the generality of the foregoing, trailers, graders, trucks other than pickups, boats, tractors, campers, wagons, buses, motorcycles, motor scooters, 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), excepe o in enclosed garages or ‘einer siishared. Service areas, storage areas, compost metals, bulk materials, scrap, refuse or trash shall be kept, stored, or allowed to act

inor emergency repairs), excepe o in enclosed garages or ‘einer siishared. Service areas, storage areas, compost metals, bulk materials, scrap, refuse or trash shall be kept, stored, or allowed to act any portion of the Property except within enclosed structures or appropriatghy motor scooters) which are inoperable or do not have a current ]j remain visible on any Lot or to be parked on any roadway wi Area, or the Special Common Area. Opaque screening is prohibit any area maintained by the Association as open space.

classification by the Texas J motor homes), vehicles used primarily for commercial purposes, a other than Sheriff, Marshall, or police @ being parked on the Property, excepti areas for particular types of vehj be designated by the Board as parking ng the foregoing, trucks, vans, commercial vehicles and vehicles with co yitings on their exteriors shall be allowed temporarily All basketball goals, whether Yuet be approved by the ACC pur is being Placed | on any Lot.

Is are permitted on a Lot, but must be stored in the rear of the Lot or inside aXg sundown to sunrise. Basketball goals must be properly maintained and painted, witt-élé net in good repair. All basketball goals shall comply with the requirements of the Design Guidelines.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 19 4837-0728-4772V.6 52952-27 2.28 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

y 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 6.14 of this Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief, or both, (but shall not be obligated to) remedy or attempt to remedy any violation of provisions of Restrictions, and the Owner whose violation has been so 1g i effect) such remedy. If such Owner fails to pay such costs and Association, such costs and expenses (plus interest from the da maximum lawful rate, or if there is no such maximum lawful rate,*s half percent (1-1/2%) per month) may be assessed against and liens against the Owner’s Lot(s). Each s Association and its officers, directors, oy ‘om any cost, loss, damage, expense, liability, claim or cause of e ay may arise by reason of the Association’s acts or activities unde 3 48 (including any cost, loss, damage, expense, liability, claim or cause of $ aKj Si of the Association’s negligence in connection therewith), except for gue j Coro s forDamage to Common Area or S , modify, add to or otherwise perform any work upon the Area without the prior written approval of the Board and slopment Period. Each Owner shall be liable to the Association for e Common Area or Special Common Area and any Improvements (ii) any Improvements constructed on any Lot, the maintenance of ed by the Association, which damages were caused by the neglect, such Owner ST6t, 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 by a lien

e neglect, such Owner ST6t, 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 by a lien against such Owner’s Lot and collectable in the same manner as provided in Section 6.12 of this Declaration.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 20 4837-0728-4772V.6 52952-27 2.30 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.

2.31 Party Wall. A fence or wall located on or near the dividing line between two (2) Lots and intended to benefit both Lots constitutes a “Party Wall” and, to extent not inconsistent with the provisions of this Section 2.31, is subject to the gene of law regarding party walls and liability for property damage due to negligence, w omissions and are subject to the following.

(a) Encroachments & Easement. If the Party error in construction, the Party Wall is nevertheless de for purposes of this Section 2.31. Each Lot sharing a Party for the existence and continuance of any encroachment b so that the encroachment may remain isturbed Each Lot is subject to a reciprocal easemé reconstruction of the Party Wall.

eNMarty Wall stands.

epair, replacement, or (b) Right to Repair.

cause, the Owner of either Lo #the Party Wall to its previous essors and assigns, have the right to " No Party Wall may be constructed, bon. approval of the ACC in accordance with

(b) Right to Repair.

cause, the Owner of either Lo #the Party Wall to its previous essors and assigns, have the right to " No Party Wall may be constructed, bon. approval of the ACC in accordance with Section 2.31 is appurtenant to the Lot and passes to the Owner’s successors in title.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 21 4837-0728-4772V.6 92952-27 (d) 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.

(e) Dispute Resolution. In the event of any dispute arising"woncerning a Party Wall, or under the provisions of this Section (the “Dispute”), binding arbitration. Either party may initiate the arki unable to agree on an arbitrator within ten (10) days hot the Board, the Board shall appoint an arbitrator. The decisiq binding upon the parties and shall be in lieu of any righ may implement said mediator’s or Arbjtratt si applicable. If the Board implements the mediator’s or arpiré Joist Palf of an Owner, the Owner otherwise responsible therefor } tp the Association for the cost of obtaining the all costs and & g ad bythe Association in conjunction therewith. If such Owner fails uch‘gost}and expenses upon demand by the interest from the date of demand until paid 8 such maximum lawful rate, at the rate of If allewed, these facilities must be: (i) properly sited and scheeneth ni ize ‘the visual and audio impact of the facility on adjacent properties;

until paid 8 such maximum lawful rate, at the rate of If allewed, these facilities must be: (i) properly sited and scheeneth ni ize ‘the visual and audio impact of the facility on adjacent properties; (iv) sport cov ay not be lighted or enclosed with netting. Tennis courts are not permitted.

2.33 Decorations and Lighting. Unless otherwise permitted by Section 2.19(f), no decorative appurtenances such as sculptures, birdbaths and birdhouses, fountains, or other PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 22 4837-0728-4772V.6 52952-27 decorative embellishments shall be placed on the residence or on the front yard or on any other portion of a Lot which is visible 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 be installed or placed on a Lot no earlier than thirty (30) days prior to the applicable holiday and removed within thirty (30) days of 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 sodium or halogen light shall be installed on any Lot which is visible from otherwise approved by the ACC.

Property may include, now or in the future, one or more water drainage and detention facilities, or ponds which serve all or ke, 5 inspected, maintained and administered by the Association in accor Access to these facilities and ponds is limited to persons one periodically maintain such facilities. Each Owner is advi.

sedimentation, drainage and detention facilities to the proper operation of the Property and mg

acilities and ponds is limited to persons one periodically maintain such facilities. Each Owner is advi.

sedimentation, drainage and detention facilities to the proper operation of the Property and mg is advised that entry into the water quality iti€s, sdditkentationAlrainage and detention facilities or ponds may result in injury angkis'g ap Me Rules and Regulations.

Association to uality facilities, feature integral af the ACC may approve, a model g and other components that do not amily residences within the Property.

of a model home which differs from the requirements imposed on othef si ily restfences within the Property shall in no event constitute. a waiver of the termgianq provigi . The Association reserves the right to atags wi s within the Property, No vehicle may be parked on a Cl Lot a 4 vehicle, when parked, would obstruct or otherwise block PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 23 4837-0728-4772v.6 52952-27 ARTICLE 3 CONSTRUCTION RESTRICTIONS 3.01 Approval for Construction, Unless prosecuted by the Declarant, no Improvements shall hereafter be placed, maintained, erected, or constructed upon any Lot without the prior written approval of the ACC in accordance with Article 7 of this Declaration.

3.02 Garages. Each residence constructed upon a Lot shall have a p garage for not less than two (2) automobiles. The location, orientation and opening of each\g located on a Lot shall be approved in advance of construction by the ACC. Nose permanently enclosed or otherwise used for habitation.

3.03 Building Restrictions. All building materials the ACC. All projections from a residence or other structure, stairways must, unless otherwise approved by the ACC, which they project. No highly reflective finishes (gther tha

All building materials the ACC. All projections from a residence or other structure, stairways must, unless otherwise approved by the ACC, which they project. No highly reflective finishes (gther tha shall be used on exterior surfaces (other than sue of hé 3.04 Construction Activities.

to unreasonably interfere with or prev4 ot be construed or applied so as tivities during the construction a Homebuilder) upon or within the fiberglass%e effsional shingles of a weathered wood color or other color approved by the ACC. Any other type of roofing material shall be permitted only with the advance written approval of the ACC. In addition, roofs of buildings may be constructed with “Energy Efficiency Roofing” with the advance written approval of the ACC. For the purpose of this PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 24 4837-0728-4772V.6 52952-27 Section 3.05, “Energy Efficiency Roofing” means shingles that are designed primarily to: (a) be wind and hail resistant; (b) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or (c) provide solar generation capabilities. The ACC will not prohibit an Owner from installing Energy Efficient Roofing provided that the Energy Efficient Roofing shingles: (i) resemble the shingles used or otherwise authorized for use within the community; (ii) are more durable than, and are of equal or superior quality to, the shingles used or otherwise authorized for use within the community; and aesthetics of adjacent property. An Owner who desires to install Energy Efficie be required to comply with the architectural review and approval procedures Restrictions. In conjunction with any such approval process, the Owng

operty. An Owner who desires to install Energy Efficie be required to comply with the architectural review and approval procedures Restrictions. In conjunction with any such approval process, the Owng information which will enable the ACC to confirm the criteria set forth in fi other type of roofing material shall be permitted only with the ACC.

3.06 Compliance with Setbacks. No residence or a Improvement may be constructed on any Lot nearer to a gtre setback lines shown on the Plat or as required located on any utility easements. The ACC ma Declaration.

3.07 Solar Energy Device.

approve in advance and in writing the j i Devices may = installed with the ith the procedures set forth below.

ACC approval of a Solar Energy Device, the the following information: (i) the proposed ferey Device; and (ii) a description of the Solar Energy ensions, manufacturer, and photograph or other accurate Approval Process. The ACC will review the Solar Application in Q with the terms and provisions of Article 7 of the Declaration. The ACC will approve a Solar Energy Device if the Solar Application complies with Section 3.07(c) below UNLESS the ACC makes a written determination that placement of the Solar Energy Device, despite compliance with Section 3.07(c), will create a condition that PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 25 4837-0728-4772V.6 52952-27 substantially interferes with the use and enjoyment of the property within the Property by causing unreasonable discomfort or annoyance to persons of ordinary sensibilities.

The ACC’s right to make a written determination in accordance with the foregoing sentence is negated if all Owners of Lots immediately adjacent to the Owner/applicant

ersons of ordinary sensibilities.

The ACC’s right to make a written determination in accordance with the foregoing sentence is negated if all Owners of Lots immediately adjacent to the Owner/applicant provide written approval of the proposed placement. Any proposal to install a Solar Bneiey Device on Comma Area or Special arsine Area or prpeny owned or Board, and the Board need not adhere to this Section 3.07 when consid’ request.

(c) Approval Conditions. Unless otherwise approved writing by the ACC, each Solar Application and each Sol ergy in accordance therewith must comply with the following: (i) The Solar Energy Device must be residence located on the Owner’s Lot, entiyé the Solar Energy Device, as tool provided by the National er (10%) percent above the energy talled in the location designated by support brackets, or visible piping or gssociated with the Solar Energy Device must be silver, bronze or black.

3 ing Systems. Rain barrels or rainwater harvesting systems (a “Rainwater Harvesting System”) may be installed with the advance written approval of the ACC, PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 26 4837-0728-4772V.6 52952-27 (a) Application. To obtain ACC approval of a Rainwater Harvesting System, the Owner shall provide the ACC with the following information: (i) the proposed installation location of the Rainwater Harvesting System; and (ii) a description of the Rainwater Harvesting System, including the color, dimensions, manufacturer, and photograph or other accurate depiction (the “Rain System Application”). A Rain System Application may only be submitted by an Owner unless the Owner’s tenant Rain System Application.

(b) Approval Process, The decision of the ACC will be mad System on Common Area or Special Common Area must

ication may only be submitted by an Owner unless the Owner’s tenant Rain System Application.

(b) Approval Process, The decision of the ACC will be mad System on Common Area or Special Common Area must writing by the Board, and the Board need not adh considering any such request.

(c) Approval Conditions. Unless othery writing by the ACC, each Rain System System to be installed in accordance the (i) The Rainwate color scheme of the resj€etice determined by the ACC (ii) The RainwWe or other content thagt arvesting System is in no event located between ucted on the Owner's Lot and any adjoining or uiteMines. If the Rainwater Harvesting System will be installed on or vard of a Lot, or would otherwise be visible from a street, Common Area, pn Area, or another Owner's Lot, the ACC may regulate the size, type, and materials used in the construction of the Rainwater Harvesting System.

y, when submitting a Rain System Application, the application should describe methods proposed by the Owner to shield the Rainwater Harvesting System from the view of any street, Common Area, Special Common Area, or another Owner’s Lot. When reviewing a Rain System Application for a Rainwater Harvesting System PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 27 4837-0728-4772v.6 52952-27 that will be installed on or within the side yard of a Lot, or would otherwise be visible from a street, Common Area, the Special Common Area, or another Owner’s Lot, any additional regulations imposed by the ACC to regulate the size, type, shielding of, and materials used in the construction of the Rainwater Harvesting System, may not prohibit the economic installation of the Rainwater Harvesting System, as reasonably determined by the ACC.

lding of, and materials used in the construction of the Rainwater Harvesting System, may not prohibit the economic installation of the Rainwater Harvesting System, as reasonably determined by the ACC.

3.09 Xeriscaping. As part of the installation and maintenance of la Owner’s Lot, an Owner may submit plans for and install drought tolerantNg (“Xeriscaping”) upon written approval by the ACC. All Owners implemenéme shall comply with the following: the community as reasonably determined by the ACC. For Section 3.09, “aesthetically compatible” shall mean overall and aesthetic compatibility within the community. For example, an ¢ Lot plan may be denied if the ACC determines that: a) the proposed friscaAping would not be harmonious with already established turf and landscaping in the overall community; and/or b) the use of specific turf or plant materials would result in damage to or cause deterioration of the turf or landscaping of an adjacent property owner, resulting in a reduction of aesthetic appeal of the adjacent property Owner’s Lot.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 28 4837-0728-4772V.6 52952-27 (ii) No Owners shall install gravel, rocks or cacti that in the aggregate encompass over ten percent (10%) of such Owner’s front yard or ten percent (10%) of such Owner's back yard.

(iti) The Xeriscaping must not attract diseases and insects that are harmful to the existing landscaping on neighboring Lots, as reasonably determined by the ACC. .

(c) Process, The decision of the ACC will be made within a reaSg govern the review and approval of improvements.

submitted to install Xeriscaping on property owned byAhe owned in common by members of the Association will to install Xeriscaping on property owned by the Asoo

he review and approval of improvements.

submitted to install Xeriscaping on property owned byAhe owned in common by members of the Association will to install Xeriscaping on property owned by the Asoo common by members of the Association must be approved j the Board, and the Board need not adhere to tbé Section 3.09 when considering any such request.

(d) Approval. Each Owne approved by the ACC, installation 0 g ifte strictly comply with the S 0) days of approval; and (iii) be qiJé to cause the Xeriscaping to be iscaping Application, the ACC may @ Application to accurately reflect the remove the Xeriscaping and reinstall the @ Owner to fines and penalties. Any requirement gsubmit a Xeriscaping Application or remove and relocate PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 29 4837-0728-4772V.6 52952-27 ARTICLE 4 CELINA PARKSIDE HOMEOWNERS ASSOCIATION, INC.

4.01 Organization. The Association will be a nonprofit corporation created for the purposes, charged with the duties, and vested with the powers of a Texas non-profit corporation. Neither the Certificate nor Bylaws will for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration.

4.02 Membership.

(a) Mandatory Membership. Any person or entity, Owner, will automatically become a Member of the Assgejation.

appurtenant to and will run with the ownership of Every Member will have a all of the Common Area and an access ano pn Area, which easements will be appurtenant to Wiember’s Lot, subject to the following restrictions (ii) | The right of the Association to suspend the Member's right to use ommon Area for any period during which any Assessment against such Member’s Lot remains past due and for any period during which such member

ght of the Association to suspend the Member's right to use ommon Area for any period during which any Assessment against such Member’s Lot remains past due and for any period during which such member is in violation of any provision of this Declaration; PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 30 4837-0728-4772v.6 52952-27 (iii) The right of the Declarant, during the Development Period, and the Board thereafter, to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for any purpose; (iv) With the advance written approval of the Declarant during the Development Period, the right of the Board to grant easements or licenses over and across the Common Area; (v) With the advance written approval of the Declara Development Period, the right of the Board to borrow money fg Area; (vi) The right of the Declarant, during the Board, with the advance written approval_of Development Period, to promulgate Rules a the Common Area and any meee (vii) The right of thes ig parties on such terms as. the Development Period, a writing by the Declaran except that during the be approved in advance and in The“fight of the Declarant or the Declarant’s designee, during the Reriod, and the Board thereafter, to cause such Improvements and bé constructed upon the Special Common Area, as determined from e by the Declarant, in the Declarant’s sole and absolute discretion; (ii) The right of Declarant to grant additional Lots use rights in and to Special Common Area in a subsequently filed Recorded instrument; (iii) The right of the Association to suspend the Member's rights to use the Special Common Area for any period during which any Assessment against PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 31

the Association to suspend the Member's rights to use the Special Common Area for any period during which any Assessment against PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 31 4837-0728-4772V.6 52952-27 4.03 . Development Period, the right of the Board to borrow money fg consist of at least three (3) persoge*t such Member's Lot remains past due and for any period during which such Member is in violation of any provision of this Declaration; (iv) The right of the Declarant during the Development Period, and the Board thereafter to grant easements or licenses over and across the Special Common Area or to dedicate or transfer all or any part of the Special Common Area to any public agency, authority or utility for any purpose; (v) With the advance written approval of the Declare improving the Special Common Area and, in furtherance thg Special Common Area; (vii) The right of the J parties on such terms as_ the Development Period, a writing by the Declarant except that during the ke approved in advance and in Governance. As more cast for election of members to the Board (except as provided by Section 4.03) and on all other matters to be voted on by the Members will be calculated as set forth below.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 32 4837-0728-4772V.6 52952-27 (a) Owner Votes. The Owner of each Lot will have one (1) vote for each Lot so owned.

(b) Declarant Votes. In addition to the votes to which Declarant is entitled by reason of Section 4.04(a), for every one (1) vote outstanding in favor of any other person or entity, Declarant will have four (4) additional votes until the expiration or termination of the Development Period.

(c) Co-Owner Votes. When more than one person or entity ov portion

other person or entity, Declarant will have four (4) additional votes until the expiration or termination of the Development Period.

(c) Co-Owner Votes. When more than one person or entity ov portion of the fee simple interest in any Lot, all such persons or entities will beMe designated in writing to the Secretary of the Association in no event will the vote for such Lot exceed the to otherwise entitled under this Section 4.04.

4.05 Powers. The Association will have the powers It will further have the power to do and ry ot an proper, for or incidental to, the exercise of any o Law or this Declaration. Without in any sentences, the Board, acting on behalf of times: _&) : 4, Mirna To make, fis Declaration, as it deems proper, covering e Common Area or the Special Common Area Records. To keep books and records of the Association’s affairs, and to make such books and records, together with current copies of the Restrictions available for inspection by the Owners, Mortgagees, and insurers or guarantors of any Mortgage upon request during normal business hours.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 33 4837-0728-4772V.6 52952-27 (d) Assessments. To levy and collect assessments, as provided in Article 6 below.

(e) Right of Entry and Enforcement. To enter at any time without notice in an emergency (or in the case of a non-emergency, after twenty-four (24) hours written notice), without being liable to any Owner or Resident, upon any Lot and into any Improvement thereon for the purpose of enforcing the Restrictions or forfMe purpose of Assessment against such Lot, will be secured by a lie enforced in the same manner and to the same extent as Assessments. The Association will have the power and au nforce liens and take orce the Restrictions; —

against such Lot, will be secured by a lie enforced in the same manner and to the same extent as Assessments. The Association will have the power and au nforce liens and take orce the Restrictions; — provided, however, that the Board to expend any Association funds for the purpose of bring The Association may not alter at, or its successors or assigns.

Common Area or Special Co Areain et¥orcjmg these Restrictions before a judicial order authorizing such actj abtairied by the Association, or before the written consent of the O d Lot(s) has been obtained. EACH SUCH OWNER AND RESIDE AND HOLD HARMLESS THE ASSOCIATION, ITS OFF DIRECTORS, EMPLOYEES AND AGENTS FROM ANY COST, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION Cy HAT MAY ARISE BY REASON OF THE ¥, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION THE ASSOCIATION’S NEGLIGENCE IN CONNECTION EPT FOR SUCH COST, LOSS, DAMAGE, EXPENSE, LIABILITY, OR SIMILAR NEGLIGENCE SHORT OF ACTUAL GROSS NEGLIGENCE.

(f) Legal and Accounting Services. To retain and pay for legal and accounting services necessary or proper in the operation of the Association.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 34 4837-0728-4772v.6 52952-27 (zg) Conveyances. To grant and convey to any person or entity the real property and/or other interest, including fee title, leasehold estates, easements, rights-of-way or mortgages, out of, in, on, over, or under any Common Area or Special Common Area for the purpose of constructing, erecting, operating or maintaining the following: (i) Parks, parkways or other recreational facilities or sty res; (ii) Roads, streets, sidewalks, signs, street lights, walk’ trails and paths; (iii) | Lines, cables, wires, conduits, pipelines or otfierdey purposes; (iv) Sewers, water systems, storm water dig

res; (ii) Roads, streets, sidewalks, signs, street lights, walk’ trails and paths; (iii) | Lines, cables, wires, conduits, pipelines or otfierdey purposes; (iv) Sewers, water systems, storm water dig systems and pipelines; and/or (v) Any similar Impro permitted to convey eage for the benefit of d across Common Area or Special Common Area ise subject to the terms and provisions of this ude Declarant or any affiliate of Declarant, to manage and , including its property, to the extent deemed advisable by the be employed directly by the Association or may be furnished by o the extent permitted by Applicable Law, the Board may delegate any man@verfient services to the Association or its Members. THE MEMBERS HEREBY RELEASE THE ASSOCIATION AND THE MEMBERS OF THE BOARD AND COMMITTEE MEMBERS FROM LIABILITY FOR ANY OMISSION OR IMPROPER PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 35 4837-0728-4772V.6 52952-27 EXERCISE BY THE MANAGER OF ANY SUCH DUTY, POWER OR FUNCTION SO DELEGATED.

(i) Property Services. To pay for water, sewer, garbage removal, street lights, landscaping, gardening and all other utilities, services, repair and maintenance for any portion of the Property, Common Area, Special Common Area, private or public recreational facilities, easements, roads, roadways, rights-of-ways, Aigns, parks, parkways, median strips, sidewalks, paths, trails, ponds, and lakes.

(j Other Services and Properties. To obtain and pay for an services, permits or other governmental approvals, and to pay g assessments that the Association or the Board is require pay for pursuant to Applicable Law or under the t | sfor as determined by the Board.

(k) new Improvements or additions to any Association, including but not limited t with Declarant or any third pa

re pay for pursuant to Applicable Law or under the t | sfor as determined by the Board.

(k) new Improvements or additions to any Association, including but not limited t with Declarant or any third pa determine, to operate and mai . To acquire, own and dispose of all manner of real iding habitat, whether by grant, lease, easement, gift or velopment Period, all acquisitions and dispositions of the must be approved in advance and in writing by the Declarant.

To determine votes when permitted pursuant to Authority with Respect to the Restrictions. To do any act, thing or deed that is necessary or desirable, in the judgment of the Board, to implement, administer or enforce any of the Restrictions. Any decision by the Board to delay or defer the exercise PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 36 4837-0728-4772v.6 52952-27 of the power and authority granted by this Section 4.05(0) will not subsequently in any way limit, impair or affect ability of the Board to exercise such power and authority.

(p) Membership Privileges. To establish Rules and Regulations governing and limiting the use of the Common Area, Special Common Area, and any Improvements thereon. All Rules and Regulations governing and. limiting the use of the Common Area, Special Common Area, and any Improvements the must be 4.06 Acceptance of Common Area and Special Common Area. The acquire, hold, and digyase of any interest in fangible and hn ea pensar Association interests in real or personal property general public, and the Association will accept property easements for the benefit of otherwise subject to the terms and R general public subject to any resty assigning such property to the f will re-convey to Declarant an the Association for noe

t property easements for the benefit of otherwise subject to the terms and R general public subject to any resty assigning such property to the f will re-convey to Declarant an the Association for noe por’ Declarant's written request, the Association al property that Declarant originally conveyed to ent conveyed in error or needed to make minor che ion. To the fullest extent permitted by Applicable Law but without A sub xct Pal pe y rights or benefits arising under the Certificate or Bylaws of the director, offi ommittee member, employee, servant or agent of the Association against expenses, including attorneys’ fees, reasonably incurred by such person in connection with such action, suit or proceeding if it is found and determined by the Board or a court of competent jurisdiction that he or she: (1) acted in good faith and in a manner he or she reasonably believed PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 37 4837-0728-4772V.6 52952-27 to be in, or not opposed to, the best interests of the Association; or (2) with respect to any criminal action or proceeding, had no reasonable cause to believe his or her conduct was unlawful. The termination of any action, suit or proceeding by settlement, or upon a plea of nolo contendere or its equivalent, will not of itself create a presumption that the person did not act in good faith or in a manner which was reasonably believed to be in, or not opposed to, the best interests of the Association or, with respect to. any criminal action or proceeding, had reasonable cause to believe that his or her conduct was unlawful.

4.08 Insurance. The Board may purchase and cause to be maintained, a of the Association, insurance on behalf of any person who is acting. as a,éH

cause to believe that his or her conduct was unlawful.

4.08 Insurance. The Board may purchase and cause to be maintained, a of the Association, insurance on behalf of any person who is acting. as a,éH against or incurred by such person in any such capacity, or arisi such, whether or not the Association would have the power to such liability or otherwise.

Rate Contracts must be awproved i in advance a Arant), the Association will have the power to enter into Bulk Rate om time to time. The Association may enter into Bulk Rate Coy providers chosen by the Board (including Declarant, and/or any enti s or the owners or partners of Declarant are owners or panticlpantts, | The Bulk Rate Contracts may be y determine in its sole and absolute efion, add the charges payable by such Sessments (Regular, Special, Service Area, may be) against such Owner’s Lot. In this any Owner fails to pay any charges due by such etry then the Association will be entitled to Q Cas xsthe Board deems appropriate, any utility service or other service provided at the cost of the Association and not paid for by such Owner (or the Resident of such Owner's Lot) directly to the applicable service or utility provider. Such notice will consist of a separate mailing or hand delivery at least five (5) days prior to a stated date of termination, with the title PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 38 4837-0728-4772V.6 52952-27 “termination notice” or similar language prominently displayed on the notice. The notice will include the office or street address where the Owner (or the Resident of such Owner’s Lot) can make arrangements for payment of the bill and for re-connection or re-institution of service. No

ice will include the office or street address where the Owner (or the Resident of such Owner’s Lot) can make arrangements for payment of the bill and for re-connection or re-institution of service. No utility or cable television service will be disconnected on a day, or immediately preceding a day, when personnel are not available for the purpose of collection and reconnecting such services.

4.10 Community Systems. The Association is specifically authorizedsgprovide, or to enter into contracts with other persons or entities to provide Community Syste contracts may provide for installation, operation, management, maintenance, and modifications to the Community Systems as the Board determines approprig will occur from time to time. Declarant and the Association, or an or assigns shall not be liable for, and no Community System or refund, rebate, discount, or offset in applicable fees for, any interrupé Systems and services, regardless of whether or not such interruption j : Development advance and in Period, any contracts entered pursuant to this Secjby 4.10 y writing by the Declarant.

4.11 Protection of Declarant’s J ption of control of the ermination of the Development Period, the Board is prohibited from\takh x wafch would discriminate against Declarant, or which would be detrimg Lots or any other portion of the Property owned by Declarant. Declara di to determine, in its sole and absolute is detrimental to Declarant. The Board will jOn) or by any governmental or quasi-governmental agency having ion over the Common Area or the Special Common Area or by any title insurance company selected by Declarant to insure title to any portion of the Common Area.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 39 4837-0728-4772v.6 52952-27

y any title insurance company selected by Declarant to insure title to any portion of the Common Area.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 39 4837-0728-4772v.6 52952-27 4.13 Maintenance Provided by Association. The Association shall not be liable for injury or damage to person or property caused by the elements or by the Owner or Resident of any Lot or any other person or resulting from any utility, rain, snow or ice which may leak or flow from any portion of Common Area, Special Common Area, or Service Area, or from any pipe, drain, conduit, appliance or equipment which the Association is responsible to maintain hereunder. The Association shall not be liable to any Owner or Resident of any Lot for loss or abatement of Assessments shall be claimed or allowed by reason of any j Association to take some action or perform some function requiged yy the Association under this Declaration or for inconvenience oMdig making of repairs or Improvements which are the responsibility of Sciation, the property, rights, and , be added to the properties, rights, d restrictions established on any other property ation, however, will effect a revocation, change, or tubular stee ing, landscaping, and sidewalks (collectively, the "Buffer Yards"), a hike and bike trail, along with open wrought iron or tubular steel fencing (collectively, the "Hike and Bike Trail"), and landscaped medians along FM 428 and CR 56, along with landscaping and irrigation improvements (collectively, the “Landscaped Medians")(collectively, the Buffer PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 40 4837-0728-4772v.6 52952-27 Yards, the Hike and Bike Trail, and the Landscape Medians shall be referred to as the

vely, the Buffer PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 40 4837-0728-4772v.6 52952-27 Yards, the Hike and Bike Trail, and the Landscape Medians shall be referred to as the "Ordinance Improvements"). The Declarant anticipates that upon completion of the construction of these Ordinance Improvements, the Declarant shall assign all maintenance obligations over these Ordinance Improvements to the Association as set out in Ordinance 201334. The Association shall be required to maintain said Ordinance Improvements pursuant to the requirements of the Restrictions and Ordinance 2013-34.

ARTICLE 5 INSURANCE 5.01 Insurance. Each Owner will be required to purchase and maj standard insurance on the Improvements located upon such O not be required to maintain insurance on the Improvements c Association may, however, obtain such insurance as it may deem limited to such policies of liability and property damage i discretion, may deem necessary. Insurance premiums fo 5.02 Restoration.

approved by the ACC, condition existing prior to the damage or destruction x replacement will be commenced and completed in a good ay” commence, complete or effect such repair, restoration, replacement or clean-up, and such Owner will be personally liable to the Association for the cost of such work; provided, however, that if the Owner is prohibited or delayed by Applicable Law from commencing such repair, restoration, replacement or clean-up, the rights of the Association PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 41 4837-0728-4772V.6 52952-27 under this provision will not arise until the expiration of thirty (30) days after such prohibition or delay is removed. If the Owner fails to pay such cost upon demand by the Association, the

2952-27 under this provision will not arise until the expiration of thirty (30) days after such prohibition or delay is removed. If the Owner fails to pay such cost upon demand by the Association, the cost thereof (plus interest from the date of demand until paid at the maximum lawful rate, or if there is no such maximum lawful rate, than at the rate of one and one-half percent (142%) per month) will be added to the Assessment chargeable to the Owner's Lot. Any such amounts added to the Assessments chargeable against a Lot will be secured by the liens reserved in the Declaration for Assessments and may be collected by any means provided in for the collection of Assessments, including, but not limited to, foreclosure of sud : the Owner’s Lot. EACH SUCH OWNER WILL RELEASE AND HOLD HAR % THE ASSOCIATION AND ITS OFFICERS, DIRECTORS, COMMITT#E AVI BERS, EMPLOYEES AND AGENTS FROM ANY COST, LOSS, DAMAGE, E ®Declaration CLAIM OR CAUSE OF ACTION INCURRED OR THAT MAA) E ASSOCIATION’S ACTS OR ACTIVITIES UNDER THIS h a. y FOR SUCH COST, LOSS, DAMAGE, EXPENSE, LIABILITY, CLAI CTION ARISING BY REASON OF THE ASSOCIATION’S GROS WILLFUL MISCONDUCT. “GROSS NEGLIGENCE” AS USED ES HOT INCLUDE SIMPLE NEGLIGENCE, CONTRIBUTORY NEOSICE OR LAR NEGLIGENCE SHORT OF ACTUAL GROSS NEGLIGENC 5.03 Mechanic’s and Materialime ach Gywner whose structure is repaired, p the rights granted under this “s and materialmen’s lien for the reasonable cost of such repair, restoxg Improvement to the extent that the ARTICLE 6 ANT FOR ASSESSMENTS determined by the Board pursuant to Sections 6.03-6.08.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 42 4837-0728-4772V.6 52952-27 (b) . Personal Obligation; Lien. Each Assessment, together with such interest

t to Sections 6.03-6.08.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 42 4837-0728-4772V.6 52952-27 (b) . Personal Obligation; Lien. Each Assessment, together with such interest thereon and costs of collection as hereinafter provided, will be the personal obligation of the Owner of the Lot against which the Assessment is levied and will be secured by a lien hereby granted and conveyed by Declarant to the Association against each such Lot and all Improvements thereon (such lien, with respect to any Lot not in existence on the date hereof, will be deemed granted and conveyed at the time that such Lot is created).

The Association may enforce payment of such Assessments in accorda provisions of this Article.

(c) Declarant Subsidy. Declarant may, but is not obli Assessments which would otherwise be levied against Lots for a payment of a subsidy to the Association. Any subsi Declarant may be treated as a contribution or a loan, cee : discretion. Any subsidy and the characterization thereof wi in the annual budget prepared by the Board and attrib kesu A expenses to be incurred by the Recs i ing i exercising its powers esteiCtighs, including, but not limited to, the cost of all “cost of providing street and other lighting, the cost of estrictions; and (ii) an estimate the amount needed to engas it is made in good faith. If the sums collected prove inadequate for any reason, including nonpayment of any Assessment by any Owner, the Association may at any time, and from time to time, levy further Assessments in the same manner. All such Regular Assessments will be due and payable to the Association annually on or before the first day of PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 43 4837-0728-4772V.6 52952-27

Regular Assessments will be due and payable to the Association annually on or before the first day of PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 43 4837-0728-4772V.6 52952-27 the month, or in such other manner as the Board may designate in its sole and absolute discretion.

6.04 Special Assessments. In addition to the Regular Assessments provided for above, the Board may levy special assessments (the “Special Assessments”) whenever in the Board’s opinion such Special Assessments are necessary to enable the Board to carry out the functions of the Association under the Restrictions. The amount of any Specigl will be at the sole discretion of the Board. In addition to the Special Assessm& above, the Association may, in any fiscal year, levy a Special Assessment for thé defraying, in whole or in part, the cost of any construction, reconstryett Assessments Special Assessment levied by the Association for the purpose of ayin costs of any construction, reconstruction, repair or eemarkot i the Common Area will be levied against all Owners based on Ass&& Assessments levied by the Association for the purpose of defrayi the Board will prepare a separate budgé Association to operate, maintain, repail be an estimate of the amount needed v’Common Area. The budget will gin, repair and manage such Special contingencies and an appropriate » to any expected income and surplus from evied to pay for expenses associated with a Area Assessments”) will be set by the Board in collected prove inadequate for any reason, including Scial Common Area Assessment, the Association may at any f further Special Common Area Assessments in the same Special Common Area Assessments will be due and payable to Ming of the fiscal year or during the fiscal year in equal monthly

sociation may at any f further Special Common Area Assessments in the same Special Common Area Assessments will be due and payable to Ming of the fiscal year or during the fiscal year in equal monthly e the first day of each month, or in such other manner as the Board may efvice Area Assessments. Prior to the beginning of each fiscal year, the Board will prepare a separate budget for each Service Area reflecting the estimated Service Area Expenses to be incurred by the Association in the coming year which may include a reasonable provision for contingencies and an appropriate replacement reserve. The total amount of PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 44 4837-0728-4772v.6 52952-27 assessments levied to pay for Service Area Expenses for each Service Area (the “Service Area Assessments”) will be allocated either: (i) equally; (ii) based on Assessment Units; or (iii) based on the benefit received among all Lots within the benefited Service Area. All amounts that the Association collects as Service Area Assessments will be expended solely for the benefit of the Service Area for which they were collected and will be accounted for separately from the Association's general funds.

6.07 Individual Assessments. In addition to any other Assessments, Pqard may levy an individual assessment (the “Individual Assessment”) against an O Owner's Lot. Individual Assessments may include, but are not limited to: intexe and collection costs on delinquent Assessments; reimbursement for costs j an Owner or the Owner’s Lot into compliance with the DeclarajO, fines Restrictions; transfer-related fees and resale certificate fees; fees documents; insurance deductibles; reimbursement for damage or “wast illful or

wner’s Lot into compliance with the DeclarajO, fines Restrictions; transfer-related fees and resale certificate fees; fees documents; insurance deductibles; reimbursement for damage or “wast illful or negligent acts of the Owner, the Owner's guests, invitees op-Resi common expenses that benefit fewer than all of the Lots, benefit received; fees or charges levied against t Ssocife through” expenses for services to Lots provideg each Lot according to the benefit received.

6.08 Working Capital Assesgme ex (other than Declarant) of a Lot will pay a one-time working capital ass Capital Assessment") to the Association in such amount as may be dé Board from time to time in its sole and absolute discretion. Such Working levy. The Association may use any Working Capital 2 | fer of the Association, setting forth the amount of the Working Ca 3 wd the Lots to which it applies.

oregoing provision, the following transfers will not be subject to ths sment: (i) foreclosure of a deed of trust lien, tax lien, or the A t lien; (ii) transfer to, from, or by the Association; (iii) voluntary transfer by am P or more co-owners, or to the Owner’s spouse, child, or parent.

Additio fier who (i) is a Homebuilder; or (ii) acquires a Lot for the purpose of resale to a Homebuy (a “Development Owner”) will not be subject to the Working Capital Assessment; however, the Working Capital Assessment will be payable by any Owner who acquires a Lot from a Homebuilder or Development Owner for residential living purposes or by any Owner who: (i) acquires a Lot and is not in the business of constructing single-family PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 45 4837-0728-4772v.6 52952-27 residences for resale to a third party; or (ii) who acquires the Lot for any purpose other than

family PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 45 4837-0728-4772v.6 52952-27 residences for resale to a third party; or (ii) who acquires the Lot for any purpose other than constructing a single-family residence thereon for resale to a third party. In the event of any dispute regarding the application of the Working Capital Assessment to a particular Owner, the Declarant’s during the Development Period, and thereafter the Board’s, determination regarding the application of the exemption will be binding and conclusive without regard to any contrary interpretation of this Section 6.08. The Working Capital Assessment will be in addition to, not in lieu of, any other Assessments levied in accordance with tha Myticle 6 and will not be considered an advance payment of such Assessments. The We Assessment hereunder will be due and payable by the transferee to the immediately upon each transfer of title to the Lot, including upon transfe Development Period, and thereafter the Board, will have the rey any Working Capital Assessment attributable to a Lot (or all waiver notice, which waiver may be temporary or permanent.

6.09 Amount of Assessment.

(a) Special Common Area Assess uniformly against each Assessrg has been assigned the obligatig 6mmon Area Assessments for specified pents levied pursuant to Section 6.06 will be Other Exemptions. Declarant may, in its sole discretion, elect to: Assessments levied or charged pursuant to this Article 6; or (ii) delay the levy of Assessments against any un-platted, unimproved or improved portion of the Property.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 46 4837-0728-4772v.6 52952-27 Declarant or the Board may also exempt any portion of the Property which is dedicated

of the Property.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 46 4837-0728-4772v.6 52952-27 Declarant or the Board may also exempt any portion of the Property which is dedicated and accepted by public authority from Assessments.

6.10 Late Charges. If any Assessment is not paid by the due date applicable thereto, the Owner responsible for the payment may be required by the Board, at the Board’s election at any time and from time to time, to pay a late charge in such amount as the Board may designate, and the late charge (and any reasonable handling costs) will be“Wevied as an Individual Assessment against the Lot owned by such Owner, collectible in qanner as provided for collection of Assessments, including foreclosure of the lien agai sh Lot; provided, however, such charge will never exceed the maximum charge ,permitts der Applicable Law.

6.11 Owner's Personal Obligation; Interest. Asse herein will be the personal and individual debt of the Owner of the & such Assessments. No Owner may exempt himself from liabilit; igh A pusm for aindt Whieh dre levied to pay interest on the amount of the Assessment aja ighfe f applicable usury laws then in effect on the amount of the Assessiyfe prefor (or if there is no such highest rate, then at the rate of one andénghak ' gr month), together with arges as provided in Section 6.10 and s of collection, including attorney's fees as es against such Lot, except only for: (i) tax liens and i) all sums secured by a Recorded first mortgage lien or Assessmett 6 any other lien. Such power will be entirely discretionary with the Board, and such subordination shall be signed by an authorized officer, agent or attorney of the

first mortgage lien or Assessmett 6 any other lien. Such power will be entirely discretionary with the Board, and such subordination shall be signed by an authorized officer, agent or attorney of the Association. The Association may, at its option and without prejudice to the priority or enforceability of the Assessment lien granted hereunder, prepare a written notice of Assessment PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 47 4837-0728-4772v.6 52952-27 lien setting forth the amount of the unpaid indebtedness, the name of the Owner of the Lot covered by such lien and a description of the Lot. Such notice may be signed by one of the authorized officers, agents, or attorneys of the Association and will be Recorded. Each Owner, by accepting a deed or ownership interest to a Lot subject to this Declaration, will be deemed conclusively to have granted a power of sale to the Association to secure and enforce the Assessment lien granted hereunder. The Assessment liens and rights to foreclosure thereof will be in addition to and not in substitution of any other rights and remedies the Aés8¢iation may have by law and under this Declaration, including the rights of the Association ty ins¥ute suit against such Owner personally obligated to pay the Assessment and/or for forecldg aforesaid lien. In any foreclosure proceeding, such Owner will be required (in cash or by credit against the amount secured by the lien) o other legal sale and to acquire, hold, lease, mortgage, convey or ien, the lien for any ill be extinguished, of the indebtedness secured by all not, however, relieve any subsequent Owner (including any Mo purchaser at a foreclosure sale) from paying Assessments becoming due and pg he foreclosure sale, Upon payment of all

edness secured by all not, however, relieve any subsequent Owner (including any Mo purchaser at a foreclosure sale) from paying Assessments becoming due and pg he foreclosure sale, Upon payment of all sums secured by a lien of the typ thig, Section 6.12, the Association will upon the request of the Owner, and at sug ute a release of lien relating to any lien for officer, agent, or attory event of nonpaymept the notice. The notice will include the office or street address where the Owner or the Owner's tenant can make arrangements for payment of the bill and for reconnection of service. Utility or cable service will not be disconnected on a day, or immediately preceding a day, when personnel are not available for the purpose of collection and reconnecting such services. Except PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 48 4837-0728-4772v.6 52952-27 as otherwise provided by Applicable Law, the sale or transfer of a Lot will not relieve the Owner of such Lot or such Owner's transferee from liability for any Assessments thereafter becoming due or from the lien associated therewith. If an Owner conveys its Lot and on the date of such conveyance Assessments against the Lot remain unpaid, or said Owner owes other sums or fees under this Declaration to the Association, the Owner will pay such amounts to the Association out of the sales price of the Lot, and such sums will be paid in preference to any obligation to pay such amounts. The Board may adopt an administrative the expenses associated with updating the Association’s recor th third party; provided, however, that no transfer fee will be due pope Declarant to a third party.

an Yes, the Association can foreclose of your ot!

If you fail to pay assessments to the Agédciatio

th third party; provided, however, that no transfer fee will be due pope Declarant to a third party.

an Yes, the Association can foreclose of your ot!

If you fail to pay assessments to the Agédciatio Lot if the Association forecloses its as Sash epi liek ghlov ayea, ke exempt from the Assessments eptet by public authority; e tifle to your 6.13 Exempt Property. The provided for in this Article: Owner for pecuniary loss to the Association from property damage or destruction of Common Area, Special Common Area, or any facilities caused by the Owner, Resident, or their guests, agents, or invitees. The Manager will have authority to send notices to alleged violators, informing them of their violations and asking them to comply with the PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 49 4837-0728-4772V.6 52952-27 Rules and Regulations and/or informing them of potential or probable fines or damage assessments. The Board may from time to time adopt a schedule of fines.

(b) Lien Created. The payment of each fine and/or damage charge levied by the Board against the Owner of a Lot is, together with interest as provided in Section 6.11 hereof and all costs of collection, including attorney’s fees as herein provided, secured Unless otherwise provided in this Section 6.14, the fine and/or damag' pursuant to this Article 6.

ARTICLE 7 ARCHITECTURAL CONTROL COMMIT delegated its right to appoint and remove a Section 7.02(a) below, the ACC will be acti to any other Owner or the Associatio the contrary, Declarant may appoint a s etérest and will owe no duty * provision in this Declaration to 7.01 Construction of Improvefite pfprovement may be erected, placed,

her Owner or the Associatio the contrary, Declarant may appoint a s etérest and will owe no duty * provision in this Declaration to 7.01 Construction of Improvefite pfprovement may be erected, placed, constructed, painted, altered, re-subdivided or consolidated embers or Owners) appointed as provided below, who will proposed to be made by any Owner other than Declarant.

without cause) all members of the ACC. Any assignment by Declarant of the right to appoint and remove all members of the ACC may be withdrawn until expiration of twenty-four (24) months after the expiration of the Development Period. If Declarant withdraws its assignment of the right to appoint and remove all members of the ACC, PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 50 4837-0728-4772V.6 52952-27 then on the date of such withdrawal, Declarant will have the right to appoint and remove (with or without cause) all members of the ACC. Declarant’s right to appoint all members of the ACC will automatically be assigned to the Association upon the expiration of twenty-four (24) months after the expiration of the Development Period.

Declarant, at its option, may create and assign specific duties and responsibilities to one or more sub-committees consisting of members and/or nonmembers of the ACC. In the event responsibilities and duties are assigned to a sub-committee, those and duties will no longer be discharged by the ACC unless the sub-co such duties and responsibilities is dissolved by Declarant. The right to crea ant appomt members of such sub- committees will reside exclusive}y eeponsibilities (b) consolidate Lots, a proposal for such submitted in accordance with the Degig'y ent plced or allowed on any Lot, until he Owner intends to use to construct

s will reside exclusive}y eeponsibilities (b) consolidate Lots, a proposal for such submitted in accordance with the Degig'y ent plced or allowed on any Lot, until he Owner intends to use to construct n approved in writing by a Majority of reviewing such plans and specifications Aphy, vegetation, and finished grade elevation. The ACC any plans and specifications submitted for approval pending 6r material which the ACC, in its sole discretion, may require.

approved by the ACC prior to the clearing of any Lot, or the Improvements. The ACC may refuse to approve plans and br proposed Improvements, or for the re-subdivision or consolidation of grounds that, in the sole and absolute discretion of the ACC, are deemed yCluding, but not limited to, purely aesthetic grounds.

(c) Design Guidelines. Declarant may adopt the initial Design Guidelines and, during the Development Period, will have the power from time to time, to adopt (unless previously adopted by Declarant), amend, modify, or supplement the Design PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 51 4837-0728-4772v.6 52952-27 Guidelines, if any. Upon expiration or termination of the Development Period, the ACC, or any sub-committee thereof created pursuant to Section 7.02(a), will have the power from time to time, to amend, modify, or supplement the Design Guidelines, if any; provided, however, that any amendment to the Design Guidelines made by a sub-committee will only apply to the Improvements under the jurisdiction of such sub- “committee, and during the Development Period, any such amendment documents and information submitted to it pursuant t Such charges will be held by the ACC and used to defr incurred by the ACC in performing its duties hereunder; phq

opment Period, any such amendment documents and information submitted to it pursuant t Such charges will be held by the ACC and used to defr incurred by the ACC in performing its duties hereunder; phq excess funds held by the ACC will be distributed to the?

calendar year. The ACC will not be required to fevj submittal package, as required by this/De assembled and submitted to the ACCA limitation, the imposition of completion relating to any I contractor selected for the cork Declaration, as it may dee In the event that any plans and specifications are ACC as provided herein, and the ACC fails either to approve or reject specifications for a period of sixty (60) days following such submission, th limitation, of the foregoing, any failure of the ACC to act upon a request fora variance will not be deemed a consent to such variance, and the ACC’s written approval of all requests for variances will be expressly required.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 52 4837-0728-4772v.6 52952-27 | (f) Variances. The ACC may grant variances from compliance with any of the provisions of the Design Guidelines, if any, or this Declaration, when, in the opinion of the ACC, in its sole and absolute discretion, such variance is justified. All variances must be evidenced in writing and must be signed by at least a Majority of the members of the ACC. Each variance shall be Recorded; provided however, that failure to record a variance will not affect the validity thereof or give rise to any claim or cause of action against the ACC, including the Declarant or its designee, the Associatiog, Sq the Board.

If a variance is granted, no violation of the covenants, conditions, Setrictions such variance will not operate to waive or amend any of the terms q

ant or its designee, the Associatiog, Sq the Board.

If a variance is granted, no violation of the covenants, conditions, Setrictions such variance will not operate to waive or amend any of the terms q Declaration or the Design Guidelines, if any, for any pur ps property and in the particular instance covered by the vawfape@y a not be considered to establish a precedent for any future amendment of the terms and provisions of this Declarattor any.

(g) Duration of Approval.

specifications, and any variances gra hundred and twenty (120) days oy accordance with such plans and hy one hundred and twenty (120) aprovals bythe ACC.

(i) Non-Liability of Committee Members. NEITHER DECLARANT, THE BOARD, THE ARCHITECTURAL CONTROL COMMITTEE, NOR ANY MEMBER WILL BE LIABLE TO ANY OWNER OR TO ANY OTHER PERSON FOR ANY LOSS, PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 53 4837-0728-4772V.6 52952-27 DAMAGE OR INJURY ARISING OUT OF THE PERFORMANCE OF THE ARCHITECTURAL CONTROL COMMITTEE’S DUTIES UNDER THIS DECLARATION.

ARTICLE 8 MORTGAGE PROVISIONS The following provisions are for the benefit of holders, insurers and guta Mortgages on Lots within the Property. The provisions of this Article apply to th and the Bylaws of the Association.

8.01 Notice of Action. An institutional holder, insyger, Mortgage which provides a written request to the Association and address of such holder, insurer, or guarantor and the street ad¢ Mortgage relates (thereby becoming an “Eligible Mortgage Holder written notice of: (a) Any condemnation loss portion of the Property or which affe held, insured, or guaranteed by such has continued for a period of s relating to such Lot or the fowrte . The Association will permit Mortgagees to examine the during normal business hours.

which affe held, insured, or guaranteed by such has continued for a period of s relating to such Lot or the fowrte . The Association will permit Mortgagees to examine the during normal business hours.

ssthents and Charges. All taxes, assessments and charges that may 9 first lien mortgages under Applicable Law will relate only to the gt to any other portion of the Property.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 54 4837-0728-4772v.6 52952-27 ARTICLE 9 GENERAL PROVISIONS 9.01 Term. The terms, covenants, conditions, restrictions, easements, charges, and liens set out in this Declaration will run with and bind the Property, and will inure to the benefit of and be enforceable by the Association, and every Owner, including Declaant, and their respective legal representatives, heirs, successors, and assigns, for a term begi g on the date this Declaration is Recorded, and continuing through and including January 1, 2 time this Declaration will be automatically extended for successive periods of te ini a change (the word “change” meaning a termination, or change of tern (67%) of the total number of votes of the Association, voting in duly called for such purpose, written notice of which will be giv (30) days in advance and will set forth the purpose of such meeti such change will be effective only upon the Recording of a certifi voidable by reason of any Applicable Law r¢ e may be enforced, such provision will epi years after the death of the last survivor of the now living, as of the 4 5 Ys first Recorded, descendants of during the period this Declarag the“Board is hereby authorized to negotiate with such public authority for sugh 4 onj and to execute instruments necessary for that

5 Ys first Recorded, descendants of during the period this Declarag the“Board is hereby authorized to negotiate with such public authority for sugh 4 onj and to execute instruments necessary for that purpose. Should acquja Dr ‘it domain become necessary, only the Board need be made a party, and i everth thitpxeteeds received will be held by the Association for the benefit of jit. C of trust on espective Lot.

9.03 Amendment. This Declaration may be amended or terminated by the Recording of an instrument executed and acknowledged by: (i) Declarant acting alone; or (ii) by the PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 55 4837-0728-4772V.6 52952-27 president and secretary of the Association setting forth the amendment and certifying that such amendment has been approved by Declarant (until expiration or termination of the Development Period) and Members entitled to cast at least sixty-seven percent (67%) of the total number of votes entitled to be cast by Members of the Association. The foregoing sentence shall in no way be interpreted to mean sixty-seven percent (67%) of a quorum as established pursuant to the Bylaws. No amendment will be effective without the written consent of way of limitation, Declarant may unilaterally amend this Declaration: (a) to brin?

into compliance with any Applicable Law; (b) to enable any reputable title insura to issue title insurance coverage on any Lot; (c) to enable any institutional] of lender, purchaser, insurer or guarantor of mortgage loans, including, for gxa Home Loan Mortgage Corporation, to make, purchase, insure Lots; or (d) to comply with any requirements promulgated by ive relief against the breach of any provision hereof. Every act of onfligg provision of the Restrictions is

tion, to make, purchase, insure Lots; or (d) to comply with any requirements promulgated by ive relief against the breach of any provision hereof. Every act of onfligg provision of the Restrictions is violation of any Applicable Law peptai C ship, occupancy, or use of any portion g bf this Declaration and subject to all of the ite Restrictions shall in no event give rise to any claim or Association, or any of their partners, directors, officers, or —f OF THE DECLARANT OR THE ASSOCIATION TO ENFORCE THE (ISIONS OF THE RESTRICTIONS.

9.05 Higher Authority. The terms and provisions of this Declaration are subordinate to Applicable Law. Generally, the terms and provisions of this Declaration are enforceable to the extent they do not violate or conflict with Applicable Law.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 56 4837-0728-4772V.6 52952-27 9.06 Severability. If any provision of this Declaration is held to be invalid by any court of competent jurisdiction, such invalidity will not affect the validity of any other provision of this Declaration, or, to the extent permitted by Applicable Law, the validity of such provision as applied to any other person or entity.

9.07 Conflicts, If there is any conflict between the provisions of this Declaration, the Certificate, the Bylaws, or any Rules and Regulations adopted pursuant to the~erms of such documents, the provisions of this Declaration, the Certificate, the Bylaws, and Rules and Regulations, in such order, will govern.

9.08 Gender. Whenever the context so requires, all words herei will be deemed to include the female or neuter gender, all singular w¢ plural, and all plural words will include the singular. >

govern.

9.08 Gender. Whenever the context so requires, all words herei will be deemed to include the female or neuter gender, all singular w¢ plural, and all plural words will include the singular. > 9.09 Acceptance by Grantees. Each grantee of Declara property interest in the Property, by the acceptance of a deed g Declaration or to whom this Declaration is g every character hereby granted, created Ptirthermore, each grantee NI have any liability for any act or omission of Declarant which occurreg (late of any such succession or assignment. All impositions and obliga}ions ed will constitute covenants running with the land within the Property, and ¥ on having at any time any interest or estate in the Property, and will fit ‘af each Owner in like manner as though the provisions of this Declaration er: iPulated at length in each and every deed of conveyance.

9.10 Damage aS tion. Lhe Association shall undertake the following actions subsequent to damgt¢ Non to all or any part of the Common Area or Special Common Area covefed hy ints restoring the Common Area or Special Common Area to substantially the same condition as existed prior to the fire or other casualty.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 57 4837-0728-4772V.6 52952-27 po (b) Repair Obligations. Any damage to or destruction of the Common Area or the Special Common Area will be repaired unless a Majority of the Board decides within sixty (60) days after the casualty not to repair. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair, or both, are not made available to the Association within said period, then the period will be extended until such information

or destruction, or reliable and detailed estimates of the cost of repair, or both, are not made available to the Association within said period, then the period will be extended until such information will be made available.

(c) Restoration. In the event that it should be determined by the damage or destruction of the Common Area or a Common { the Common Area or Special Common Area will be re e maintained as an undeveloped portion of the Common A' and attractive condition.

(d) eds are paid to roceeds are not Assessment, as provided in Article 6 Against “Atidigional Assessments may be made in like manner at any timg dtrin'e’ot heeoinpletion of any repair.

paid to restore or repair any d a Oyed Special Common Area, and such proceeds are not sufficient to de repair or restoration, the Board may provided in Article 6, against all Owners on Assessment Units and will be paid jointly to the Owners who have been assigned the obligation to pay Special Common Area Assessments attributable to such Special Common Area and the holders of first Mortgages or deeds of trust on their Lots.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 58 4837-0728-4772V.6 52952-27 9.11 No Partition. Except as may be permitted in this Declaration or amendments thereto, no physical partition of the Common Area or Special Common Area or any part thereof will be permitted, nor will any person acquiring any interest in the Property or any part thereof seek any such judicial partition unless the portion of the Property, the Common Area, or Special Common. Area in question has been removed from the provisions of this Declaration pursuant to Section 11.04 below. This Section 9.11 will not be construed to prohibit the Board from

n Area, or Special Common. Area in question has been removed from the provisions of this Declaration pursuant to Section 11.04 below. This Section 9.11 will not be construed to prohibit the Board from acquiring and disposing of tangible personal property or from acquiring title tg that may or may not be subject to this Declaration, nor will this provision be prohibit or affect the creation of a condominium regime in accordance with the Tek Condominium Act. | property 9.12 Notices. Any notice permitted or required to b Declaration will be in writing and may be delivered cierto otherwise required by Applicable Law. If delivery is made by maif been delivered on the third (3"4) day (other than a Sunday or | same has been deposited in the United States mail, postage p the address given by such person to the Associatigt\for th address may be changed from time to time b i Association.

9.13 View Impairment. Nei ociation guarantee or represent that any view over and across the Lots,lor any WPS émmon Area or Special Common Area within the Property will be presg i bairment. Neither the Declarant, the ACC, nor the Association shall have any“oDhigatit locate, prune, or thin trees or perform other landscaping to clear any y opeyty. The Association (with respect to any Common Area or Special Comy wil hav the right to add trees and other landscaping from time to time, subject to Appl aw} There shall be no express or implied easements for view purposes or for | grson provides for himself or herself and his or her property. However, nor the Declarant, nor their Directors, employees, or agents, shall in any _ way be cdmgiderd insurers or guarantors of safety or security within the Property, the Common Area or Special Common Area, nor shall either be held liable for any loss or damage

agents, shall in any _ way be cdmgiderd insurers or guarantors of safety or security within the Property, the Common Area or Special Common Area, nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. No representation or warranty is made that any systems or measures, including PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 59 4837-0728-4772v.6 52952-27 security monitoring systems or any mechanism or system for limiting access to the Property, the Common Area or Special Common Area, cannot be compromised or circumvented; or that any such system or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands, and shall be responsible for informing any Residents of such Owner’s Lot that the Association, its Board and committees, and the Declarant are not insurers or guarantors of security or safety and that each person within the Property assugfi¥g all risks of personal injury and loss or damage to property, including any residences or Pavements constructed upon any Lot and the contents thereof, resulting from acts of third parti&g ARTICLE 10 EASEMENTS 10.01 Right of Ingress and Egress. Declarant, its age usive easement for the eters, service or repair lines and to\prOperly maintain and furnish the essary to the same, which easement ight, but not the obligation, to install yvide the services available through the Mé Property. Neither the Association nor any j or all of such services may be provided either br as part of the Assessments or paid directly to afthird party, by the Owner who receives the services.

e Mé Property. Neither the Association nor any j or all of such services may be provided either br as part of the Assessments or paid directly to afthird party, by the Owner who receives the services.

the property of Declarant unless transferred by Declarant, wansfer shall belong to Declarant. Declarant shall have the a to convey, transfer, sell or ia all or any portion of the through thé*eemtmunity Systems installed by Declarant without the prior written consent of Declarant. In recognition of the fact that interruptions in cable television and other Community Systems services will occur from time to time, no person or entity described above shall in any manner be liable, and no user of any Community System shall be entitled to any refund, rebate, PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 60 .4837-0728-4772V.6 52952-27 discount or offset in applicable fees, for any interruption in Community Systems services, regardless of whether or not same is caused by reasons within the control of the then-provider of such services.

10.02 Reserved Easements. All dedications, limitations, restrictions and reservations shown on any Plat and all grants and dedications of easements, rights-of-way, restrictions and related rights made by Declarant or any third party prior to the Property becopthgs subject to this Declaration are incorporated herein by reference and made a part of this D purposes as if fully set forth herein, and will be construed as being adopted in ead\ contract, deed or conveyance executed or to be executed by or on behalf of Deglere dedications, limitations, reservations and grants for the pur economically developing the Property. Any such changes shall c bereby reserves easement under, Walkways, pathways, street

ehalf of Deglere dedications, limitations, reservations and grants for the pur economically developing the Property. Any such changes shall c bereby reserves easement under, Walkways, pathways, street Storm water lines, and/or other pipelines, conduits, wires, and/or any § the ground that serve the Property, ang ser P gpery nome by Declarant, with the right i ed to unilaterally assign the easements Sperates or maintains the facilities and or any portion of the subdivision entry facilities, walls, and/or fencing as Common Area, Special Common Area, or Service Area by Recorded written notice. The exercise of the easements reserved hereunder will not extend to permitting entry into any residence, nor will it PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 61 4837-0728-4772V.6 52952-27 unreasonably interfere with the use of any Lot or residence or Improvement constructed thereon.

10.05 Landscape and Monument Sign Easement. Declarant hereby reserves for itself and the Association an easement over and across the Property, the Common Area and the Special Common Area for the installation, operation, maintenance, repair, relocation, removal and/or modification of signs, monument signs and/or landscaping which serve Common Area and the Special Common Area, and any other property owned by Weclarant.

Declarant will have the right, from time to time, to Record a written notice w those portions of the Property, the Common Area and the Special Common 4 easement reserved hereunder applies. Declarant may designate all o easement areas reserved hereunder as Common Area, Special The exercise of the easements reserved hereunder will not wiki residence, nor will it unreasonably interfere with the use of Improvement constructed thereon.

reserved hereunder as Common Area, Special The exercise of the easements reserved hereunder will not wiki residence, nor will it unreasonably interfere with the use of Improvement constructed thereon.

rights reserved by Declarant pursuant to the Kempe 2 isi is Declaration, each Mortgage against a Lot, and any other thj Dy fhe benefits of a mortgage, deed of trust, mechanic’s lien contrac écbani i 4 vendor's lien and/or any other to have appointed Declarant such Owner's, Mortgagee’s, and third pag In attorney-in-fact, with full power of substitution, to do and perform, each,2 8 itted or required to be performed by to be coupled with an interd bankruptcy, incompetepeya governmentatender, purchaser, insurer or guarantor of mortgage loans (including, for example, the Federal Home Loan Mortgage Corporation) or by any governmental or quasi-governmental agency having regulatory jurisdiction over the Common Area, Special PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 62 4837-0728-4772V.6 52952-27 Common Area, or Service Area or by any title insurance company selected by Declarant to insure title to any portion of the Common Area, Special Common Area, or Service Area.

ARTICLE 11 DEVELOPMENT RIGHTS 11.01 Development by Declarant.

Declaration until twenty-four (24) months af the Development Period, except the right to appoi <P Association which shall be governed by the y 4.03. These rights may be exercised with respect to any portio on Area, or the Special Common Area. As each portion of i keloped or dedicated, Declarant may designate the use, classification and s 4 sovenmts, conditions and restrictions as Declarant may deem appropriate for sug

Special Common Area. As each portion of i keloped or dedicated, Declarant may designate the use, classification and s 4 sovenmts, conditions and restrictions as Declarant may deem appropriate for sug Might and privilege: (i) to erect and maintain ated), sales flags, other sales devices and banners he Property; (ii) to maintain Improvements upon néss and construction offices; and (iii) to maintain and gnstruction tools and equipment within the Property, the for the purpose of aidi Lots as sales, model, be considered part of the Property for purposes of this Declaration, and such added lands will be considered part of the Property subject to this Declaration and the terms, covenants, conditions, restrictions and obligations set forth in this Declaration, and the rights, privileges, PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 63 4837-0728-4772V.6 52952-27 duties and liabilities of the persons subject to this Declaration will be the same with respect to such added land as with respect to the lands originally covered by this Declaration. To add lands to the Property, Declarant will be required only to Record a notice of addition of land containing the following provisions: (a) A reference to this Declaration, which reference will state the document number or volume and initial page number where this Declaration is Recor (b) A statement that such land will be considered Property fo this Declaration, and that all of the terms, covenants, conditions, obligations of this Declaration will apply to the added land; and (c) A legal description of the added land. oe; (a) A reference to number or volume and initial pag otice of Plat Recordation, but not shown as a residential Lot on such Plat,

ly to the added land; and (c) A legal description of the added land. oe; (a) A reference to number or volume and initial pag otice of Plat Recordation, but not shown as a residential Lot on such Plat, withdrawn from the terms and provisions of this Declaration (without shall have no obligation to Record a Notice of Plat Recordation and failure to Record a Notice of Plat Recordation shall in no event remove any portion of the Property from the terms and provisions of this Declaration.

PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 64 4837-0728-4772V.6 52952-27 11.06 Assignment of Declarant’s Rights. Notwithstanding any provision in this Declaration to the contrary, Declarant may, by written instrument, assign, in whole or in part, any of its privileges, exemptions, rights and duties under this Declaration to any person or entity and may permit the participation, in whole, in part, exclusively, or non-exclusively, by any other person or entity in any of its privileges, exemptions, rights and duties hereunder.

[SIGNATURE PAGE FOLLOWS] o PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS PAGE 65 4837-0728-4772v.6 52952-27 EXECUTED to be effective on the date this instrument is Recorded.

DECLARANT: FORESTAR (USA) REAL ESTATE GROUP INC., a Delaware corporation Printed Name: Ds q THE STATE OF TEXAS § counry orl Aulas ¢ | wi iferament was ST Ok wi Inc., a Delaware corporation, on behalf ¢ (SEAL) L ptar rp blic Signature Bi ' SVXILIO SLVIS ONENd AUVLON ASO] G Vuveuva PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SIGNATURE PAGE 4837-0728-4772v.6 52952-27 EXHIBIT “A” PROPERTY DESCRIPTION WHEREAS Forestar (USA) Real Estate Group Inc., are the owners of a tract of land situated in

NTS, CONDITIONS AND RESTRICTIONS SIGNATURE PAGE 4837-0728-4772v.6 52952-27 EXHIBIT “A” PROPERTY DESCRIPTION WHEREAS Forestar (USA) Real Estate Group Inc., are the owners of a tract of land situated in the J. Bolin Survey, Abstract No. 32, City of Celina, Collin County, Texas, the subject tract being recorded in Document No. 20131220001668420 of the Deed Records, Collin Ggunty, Texas (DRCCT), the subject tract being more particularly described as follows: for the southeast corner of said Forestar tract; THENCE 5 89°48'48" W, 1047.52 feet a 1/2" iron rod found on Road 428 (a 90 foot right-of-way) for the southwest corner of said Foy THENCE N 39°45'18" W, 22.05 feet along the east line of Farm be*Wfas rod found; THENCE continuing along the east line thereg: central angle of 38°06'55", a radius of 1100.9 length of 732.37 feet to a 1/2" iron rod wit}apli ¢ to the right having a W - 718.94 feet, an arc N 87°27'03" E, 50.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS EXHIBIT A, Property Description, Page 1 4837-0728-4772V.6 52952-27 5 89°45'11" E, 290.16 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG'" set; N 00°14'49" E, 200.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG' set; Around a tangent curve to the right having a central angle of 04°28'34", a radius of 375.00 feet, a chord of N 02°29'06" E - 29.29 feet, an arc length of 29.30 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; Around a non-tangent curve to the right having a central angle of 175°29'32", a‘xg feet, a chord of S 85°51'08" E - 14.63 feet, an arc length of 22.43 feet to a 1/2” iron cap stamped "SPIARSENG'" set; Around a non-tangent curve to the left having a central angles

of 175°29'32", a‘xg feet, a chord of S 85°51'08" E - 14.63 feet, an arc length of 22.43 feet to a 1/2” iron cap stamped "SPIARSENG'" set; Around a non-tangent curve to the left having a central angles feet, a chord of S 79°52'26" E - 98.97 feet, an arc length of 142.

plastic cap stamped "SPIARSENG" set; west line thereof, passing at 894.55 feet the southwest corner jnuing into said County Road 56 a total distance of 932.42 feet to ith the subject tract containing 999,912 square feet or 22.955 acres Filed and Recorded Official Public Records Collin County, TEXAS 09/18/2015 03:45:40 PM $310.00 BVINCENT 20150918001190510 Pin Glew PARKSIDE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS EXHIBIT A, Property Description, Page 2 4837-0728-4772v.6 92952-27 Stacey Kemp, County Clerk