Document

Prepared by and after recording return to: Watson Law Group, PLLC 5646 Milton Street, Suite 321 Dallas, Texas 75206 Attn: Monty Watson CXC GFP TI aS IA o DECLARATION OF COVENANTS, CONDITIONS AND REST 3 FOR PRAIRIE LEY TABLE OF CONTENTS ARTICLE 1 DEFINITIONS..

1 1.1 DEFINITIONS.

1 ARTICLE 2 DESCRIPTION OF THE PROPERTY AND PROPERTY DESIGNATIONS 2.1 INTRODUCTION.

2.2 LOTS..

2.3 COMMON AREA..

2.4 NEIGHBORHOODS 2.5 OTHER PROPERTIES.

2.6 SCOPE AND APPLICABILITY OF THE GOVERNANCE DOCUMENTS; COMPLIANCE.

ARTICLE 3 DESCRIPTION OF THE ASSOCIATION AND VOTING RIGHTS.

3.1 PURPOSE 3.2 ORGANIZATION.

3.3 GOVERNANCE.

3.4 MEMBERSHIP 3.5 VOTE ALLOCATION.

ARTICLE 4 ASSOCIATION OPERATIONS 4.1 RIGHTS AND POWERS OF THE ASSOCIATION..

4.2 COMMON AREAS..

4.3 INSURANCE.

4.4 BOOKS AND RECORDS 4.5 SERVICES PROVIDED BY THE ASSOCIATION.

4.6 ACTIONS AND DECISIONS OF THE BOARD ARTICLE 5 ASSESSMENTS AND ASSOCIATION FINANCES.

OBLIGATION FOR ASSESSMENTS.

REGULAR ANNUAL ASSESSMENTS..

SPECIAL ASSESSMENTS NOTICE OF BUDGETS AND ASSESSMENTS; BUDGET REVISIONS INDIVIDUAL ASSESSMENTS.

5.7 ASSOCIATION WORKING CAPITAL.

5.8 USE AND CONSUMPTION FEES 5.9 PRIORITY OF PAYMENTS.

5.10 PAYMENT PLANS..

Unofficial 5 5 .5 6 6 .7 7 .7 8 8 8 11 11 12 12 13 13 13 13 14 15 15 .15 16 .17 17 .18 5.11 DECLARANT SUBSIDY 20 5.12 ASSOCIATION'S RIGHT TO BORROW MONEY.

20 5.13 LIEN FOR ASSESSMENTS; ASSIGNMENT OF RENTS.

21 ARTICLE 6 PROPERTY USE RESTRICTIONS AND COVENANTS.

22 6.1 PURPOSE..

22 ARTICLE 7 ARCHITECTURAL REVIEW.

7.1 PURPOSE.

7.2 GENERAL.

7.3 REVIEWER..

7.4 APPLICATION PROCESS.

7.5 DESIGN GUIDELINES..

7.6 COMPLETION OF CONSTRUCTION 7.7 ROLE OF DECLARANT.

7.8 INSURANCE AS PREREQUISITE TO COMMENCEMENT OF CONSTRUCTION.

ARTICLE 8 MAINTENANCE, REPAIR, AND REPLACEMENT..

8.1

OCESS.

7.5 DESIGN GUIDELINES..

7.6 COMPLETION OF CONSTRUCTION 7.7 ROLE OF DECLARANT.

7.8 INSURANCE AS PREREQUISITE TO COMMENCEMENT OF CONSTRUCTION.

ARTICLE 8 MAINTENANCE, REPAIR, AND REPLACEMENT..

8.1 MAINTENANCE OF LOTS.

8.2 MAINTENANCE OF THE PROPERTY..

8.3 RESPONSIBILITY FOR REPAIR AND REPLACEMENT.

8.4 MAINTENANCE AND REPAIR OF PARTY WALLS AND SIMILAR STRUCTURES.

8.5 REMOVAL OF TRASH.

ARTICLE 9 COMMON AREAS 9.1 INTRODUCTION..

ACCEPTANCE AND CONTROL OF ASSOCIATION PROPERTY.

COMMON MAINTENANCE AREA..

DISCONTINUATION OF OPERATION RESTORING DAMAGED IMPROVEMENTS.

RELATIONSHIPS WITH OTHER PROPERTIES.

CONDEMNATION..

TRANSFER, DEDICATION OR MORTGAGE OF COMMON AREA.

ARTICLE 10 DEVELOPMENT OF THE COMMUNITY 10.1 PURPOSE; GENERAL..

10.2 ADDITION OF LAND BY DECLARANT.

Unofficial 6.2 RESIDENTIAL AND RELATED USES.

22 6.3 LEASING.

23 6.4 TRANSFER OF TITLE AND RESALE CERTIFICATES.

.24 6.5 SUBDIVISION AND COMBINATION OF LOTS.

25 6.6 OWNER INSURANCE..

.25 6.7 RESTORATION..

.26 6.8 MECHANIC'S AND MATERIALMEN'S LIEN .26 6.9 RULEMAKING AUTHORITY AND PROCEDURES..

.27 6.10 NOTICE .27 6.11 EFFECTIVE DATE.

27 30 31 32 .32 33 33 33 33 33 33 34 34 35 35 36 37 37 .38 38 38 39 39 39 10.3 ADDITION OF LAND BY THE ASSOCIATION.

.39 10.4 WITHDRAWAL OF PROPERTY.

.40 10.5 ADDITIONAL COVENANTS AND EASEMENTS.

.40 10.6 SPECIAL DEVELOPMENT RIGHTS OF DECLARANT.

.40 10.7 ADDITIONAL COVENANTS, CONDITIONS AND RESTRICTIONS.

.41 ARTICLE 12 COMPLIANCE AND ENFORCEMENT DISPUTE RESOLUTION 12.1 COMPLIANCE.

12.2 REMEDIES FOR NON-COMPLIANCE.

12.3 BOARD DECISION TO PURSUE ENFORCEMENT ACTION.

12.4 ATTORNEYS' FEES AND COSTS..

12.5 AGREEMENT TO ENCOURAGE RESOLUTION OF DISPUTES WITHOUT LITIGATION 12.6 DISPUTE RESOLUTION PROCEDURES.

12.7 INITIATION OF LITIGATION BY THE ASSOCIATION ARTICLE 13 RIGHTS OF LENDERS.

13.1

ND COSTS..

12.5 AGREEMENT TO ENCOURAGE RESOLUTION OF DISPUTES WITHOUT LITIGATION 12.6 DISPUTE RESOLUTION PROCEDURES.

12.7 INITIATION OF LITIGATION BY THE ASSOCIATION ARTICLE 13 RIGHTS OF LENDERS.

13.1 INTRODUCTION.

13.2 NOTICE TO ASSOCIATION.

13.3 NO PRIORITY.

13.4 FAILURE OF MORTGAGEE TO RESPOND....

AMENDMENT BY BOARD.

CONSTRUCTION OF ARTICLE 13.....

ARTICLE 14 DISCLOSURE DISCLAIMER REGARDING SECURITY.

VIEW IMPAIRMENT.

14.3 PUBLIC ACCESS 14.4 NONRESIDENTIAL AND NEIGHBORING USES.

14.5 CHANGES IN MASTER PLAN.

14.6 WATER MANAGEMENT.

Unofficial 10.8 RIGHT TO NOTICE OF DESIGN OR CONSTRUCTION CLAIMS.

.41 10.9 DECISIONS OF THE DECLARANT.

.42 ARTICLE 11 EASEMENTS.

42 11.1 COMMON AREA GRANT 11.2 RIGHT OF INGRESS AND EGRESS 11.3 RESERVED AND SPECIFIC EASEMENTS 11.4 ASSOCIATION EASEMENT.

11.5 EASEMENT FOR COMPLETION OF CONSTRUCTION.

11.6 EASEMENTS FOR SPECIAL EVENTS.

11.7 EASEMENT FOR UTILITIES.

11.8 DRAINAGE; WATER.

11.9 EASEMENTS FOR MAINTENANCE, EMERGENCY AND ENFORCEMENT.

11.10 ENCROACHMENT EASEMENT.

11.11 11.12 EASEMENT FOR LAKE, CREEK AND POND MAINTENANCE AND FLOOD WATER PRIVATE STREETS AND ALLEYS.

.42 .43 .43 .43 ..43 43 46 .46 .46 .47 .48 .48 ..49 .50 51 .51 51 51 51 .52 .52 52 52 .52 .52 .53 .53 54 14.7 HIGH VOLTAGE POWER LINES; GAS LINES; RADIO AND TELECOMMUNICATION TOWERS.

.54 14.8 USE OF NONPOTABLE WATER FOR IRRIGATION.

54 14.9 NATURAL CONDITIONS.

54 ARTICLE 15 GENERAL PROVISIONS 55 15.1 DURATION OF THE DECLARATION.

...55 15.2 AMENDMENTS.....

55 15.3 REMEDIES; CUMULATIVE.

.56 15.4 RIGHTS AND OBLIGATIONS RUN WITH LAND.

.56 15.5 ASSIGNMENT OF DECLARANT'S RIGHTS.

.56 15.6 CONSTRUCTION AND INTERPRETATION.

56 15.7 CONFLICTS.

56 15.8 SEVERABILITY.

...57 15.9 GENDER.

....57 15.10 ACCEPTANCE BY GRANTEES.

15.11 DECLARANT AS ATTORNEY IN FACT.

15.12 NOTICES.

15.13

TS.

.56 15.6 CONSTRUCTION AND INTERPRETATION.

56 15.7 CONFLICTS.

56 15.8 SEVERABILITY.

...57 15.9 GENDER.

....57 15.10 ACCEPTANCE BY GRANTEES.

15.11 DECLARANT AS ATTORNEY IN FACT.

15.12 NOTICES.

15.13 ENFORCEMENT AND NONWAIVER..

15.14 CAPTIONS.

15.15 COMPLIANCE WITH LAW..

15.16 INDEMNIFICATION BY OWNERS.

15.17 INJURY TO PERSON OR PROPERTY.

.58 .59 Unofficial TABLE OF EXHIBITS: Exhibit Title A Land initially submitted to the Declaration B Land subject to Annexation DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PRAIRIE VIEW This Declaration of Covenants, Conditions and Restrictions for Prairi “Declaration’) is made this lo day of 2015 (the “Effe Prairie View Partners, Ltd., a Texas limited partnership (“Declarant”).

RECITALS Declarant owns certain real property located in Collin coke? : property more particularly described on Exhibit A attached hereto.

Declarant desires to establish a uniform plan of dg community known as Prairie View (the “Communi whic pursuant to the provisions of this Declayé NOW, THEREFORE, Declarant he ‘occupied, improved, encumbered, conditions, restrictions, easement ARTICLE 1 DEFINITIONS 1.1 Definitions. Unless the context clearly specifies otherwise, the following capitalized terms and phrases used in this Declaration shall have the following meanings: “Additional Property” is defined in the recitals.

“ARC” or “Architectural Review Committee” is defined in Section 7.3(c).

“Assessment(s)” means Regular Annual Assessments, Special Assessments, Individual Assessments and other assessments payable to the Association under the Governance Documents.

“Association” means Prairie View Homeowners Association, a Texagspon-profit

Special Assessments, Individual Assessments and other assessments payable to the Association under the Governance Documents.

“Association” means Prairie View Homeowners Association, a Texagspon-profit corporation. This Declaration is binding upon the Association, its successors and 4 “Board” means the Board of Directors of the Association.

“Bound Parties” is defined in Section 12.5(a).

“Budget” is defined in Section 5.3. o; ne a Home “Builder” means any Person that acquires a Lot for the purpos for sale to consumers in the ordinary course of business for s “Bylaws” means the Bylaws, as amended “Certificate of Formation’ Formation establishing the Association as a Texas nonprofit corpoka maintenance and operation of the Common Maintenance and otherwise for the general benefit of Owners, including inténance Area is described in Section 9.3.

“Community” is defined in the recitals.

“Community Manual” means the manual for the Property to be initially adopted by the Declarant and recorded in the Records, as may be amended and supplemented from time to time 2 in accordance with the procedures for the amendment of Governance Documents set forth in Section 15.2. The Community Manual may include the Bylaws, Rules, Design Guidelines and any other Governance Documents.

“Community Wide Standard” means the standard that is the highest of (a) the standard of use, conduct, architecture, landscaping or aesthetic matters generally prevailing in the Community, and (b) the minimum standards described in this Declaration, the Desiga’*Quidelines, the Rules and any Board resolutions. The Community Wide Standard may contai eetive or subjective elements and may evolve as development progresses and as the Communi The Community Wide Standard shall be determined by the Board.

olutions. The Community Wide Standard may contai eetive or subjective elements and may evolve as development progresses and as the Communi The Community Wide Standard shall be determined by the Board.

“Covenant to Share Costs” is defined in Section 9.6.

“Declarant” means Prairie View Partners, Ltd., reves SR successors and assigns pursuant to Section 15.5.

“Declarant Affiliate” means any Person that controls, i control with Declarant, and any Person that is am “Design Guidelines” means thé aesthetics for exterior items placed ona in the PD.

earlier terminated by a Reco Period is the period of time aft reserves the right to facilitate the development, and the Community, and/or the right to direct the n any portion of the Property, including, without limitation, this Declaration, the Certificate of Formation, the Bylaws, the Design Guidelines, the Rules, the Community Manual, and all other governing documents of the Association, as each of the foregoing may be amended and supplemented from time to time.

“Home” means a residential dwelling.

“Improvement” is defined in Section 7.2.

“Individual Assessments” is defined in Section 5.6.

“Lot” is defined in Section 2.2.

“Management Agent” is defined in Section 4.1(g).

for the purpose of this Declaration is four hundred eighty (480) Lots.

termination of the Devetopment Period, Declarant may unilaterally amend thg of Lots that may be created and made subject to the terms and p jons aft thy written Recorded instrument.

“Member” means each Person that holds membership pri Owner is a Member by virtue of ownership of a Lot.

“Mortgage” means a deed of trust ona L “Mortgagee” or “Mortgagees” meang thé bests \y Ofna eed of trust or Mortgage.

“Owner” means the Pe including Declarant, hoiding all or part of the fee

of a Lot.

“Mortgage” means a deed of trust ona L “Mortgagee” or “Mortgagees” meang thé bests \y Ofna eed of trust or Mortgage.

“Owner” means the Pe including Declarant, hoiding all or part of the fee simple interest in a Lot. “Owk ot fnclude holders of title merely as security for the performance of an oblijgati Persons” means an individual, corporation, partnership, limited liability r legal entity.

treet” is defined in Section 11.12(a).

“Property” means that certain real property described on Exhibit “A”, attached hereto and incorporated herein by reference, subject to such additions thereto and deletions therefrom as may be made pursuant to Section 10.2, Section 10.3, and Section 10.4 of this Declaration.

“Records” means the Official Public Records of Collin County, Texas.

“Regular Annual Assessments” is defined in Section 5.3.

“Respondent” is defined in Section 12.6(a).

“Resale Certificate” is defined in Section 6.4.

“Reviewer” is defined in Section 7.3{a).

“Rules” means the rules and regulations of the Association adopted by the as may be amended and/or supplemented in accordance with Section 6.9 of “Special Assessments” is defined in Section 5.4.

“Supplement” is defined in Section 10.2.

“TBOC” means the Texas Business Organizations Cog d NS statute, as amended and supplemented from time to time. ro; a single Lottmttf'a subdivision plat or condominium instrument is recorded in the Records dividing such Property into more than one Lot. The creation and combination of Lots is governed by Section 6.5.

2.3 Common Area. “Common Area” is any and all portions of the Property (including any improvements thereon and related personal property and fixtures) that the Association owns or will own, or otherwise holds possessory or use rights, for the common use and enjoyment of

(including any improvements thereon and related personal property and fixtures) that the Association owns or will own, or otherwise holds possessory or use rights, for the common use and enjoyment of some or all of the Members. Declarant may establish and convey Common Areas to the Association as provided in Article 9.

2.4 Neighborhoods. Lots may be grouped into certain “Neighborhge purpose, including to phase development of the Property and to promote a sense B munity and belonging among the Owners within such Neighborhoods. A Neighborhood comprised of any number of Lots and may include Lots of more than one housing dype Lots that are not contiguous to one another. Nothing in this Declaration, ho creation of Neighborhoods.

Neighborhoods, if created, will be designated $ g Neighborhood (by name or other identifying designation) in a Development Period, Declarant may unilaterally designate or ch boundaries in one or more Supplements; howe existing Neighborhoods without the consen Neighborhoods.

ignations set forth above, land ed by governmental or quasities’) may be subject to this 2.5 Other Properties. In add dedicated to the public and prope governmental entities (collectively Declaration.

As their tenants, guests and invitees, are required to comply ents. All Owners shall be held accountable and liable for their own Weir tenants, guests and invitees, including any damage to Common ARTICLE 3 DESCRIPTION OF THE ASSOCIATION AND VOTING RIGHTS 3.1 Purpose. The Association is responsible for administering the Property in accordance with the Governance Documents and is a means through which each Owner can participate in the governance and administration of the Property. Membership and voting rights

ring the Property in accordance with the Governance Documents and is a means through which each Owner can participate in the governance and administration of the Property. Membership and voting rights are vested in the Owners to allow them to participate in the administration of the Property and 6 to influence the outcome of major decisions. Throughout the Development Period, Declarant may adopt the Governance Documents, either in its capacity as Declarant or in the name of the Association.

3.2 Organization. The Association is a Texas nonprofit corporation created under the TBOC by the filing of the Certificate of Formation. The Association is charged with the duties and vested with the powers of a Texas nonprofit corporation. In addition, the Associa#@q will have it is terminated in accordance with the TBOC.

3.3 Governance.

(a) The Association is governed by the Board, &2 acili Association without approval of the Members. The/é powers that the Governance Documents, to it, as well as any rights and powe Governance Documents. The Board effectuate any such rights and powe é expressly grant implied under the pasonably necessary to Notwithstanding the foregoing Documents to the contra etirig of Members of the Association for the purpose of electing ded (the “tnitial Member Election Meeting”), which Board member(s) Owners other than the Declarant. Declarant may appoint and irds of the Board from and after the Initial Member Election Meeting or termination of the Development Period.

(a) Owners as Members. Any Person automatically becomes a Member of the Association upon becoming an Owner. If more than one Person owns a Lot, then the vote for such Lot will be exercised by the Person that the Owner designates in writing to the Association.

ember of the Association upon becoming an Owner. If more than one Person owns a Lot, then the vote for such Lot will be exercised by the Person that the Owner designates in writing to the Association.

Membership rights of a legal entity may be exercised by any officer, director, partner, member or other individual that the Owner designates in writing to the Association. Membership is appurtenant to and runs with the ownership of a Lot. Membership may not be severed from the ownership of the Lot or transferred, pledged or mortgaged, except together with the title to such Lot. Membership of an Owner terminates upon such Owner's divestment of its Lot.

(b) Declarant as Member. Until termination or expiration of the Development Period, the Declarant shall be a Member of the Association and membership Alte conditioned upon ownership of all or any portion of the Property.

(c) Consent to Electronic Meetings. By acquiring title to a Lo consents to any meetings of the Association, in which such Owner is entitled tac held in any manner permitted under the Bylaws.

3.5 Vote Allocation.

(a) | Owners. Each Lot will be allocated one (J exercised by the Owner of such Lot in accordance with Section 3.4 and the By a bdivided into two (2) or more Lots {to the extent permitted by t from the re-subdivision will be entitled to on o¥the Association. In addition to other rights set forth in this overnance Documents, the Association, acting through the Board Assessments. Levy and collect Assessments pursuant to Article 5 below.

Recreational Facilities. Establish and impose reasonable membership requirements and charge reasonable use or other fees for any recreational facilities within the Property, and permit the use of recreational facilities by Persons other than Owners.

sonable membership requirements and charge reasonable use or other fees for any recreational facilities within the Property, and permit the use of recreational facilities by Persons other than Owners.

(c) Enforcement. Impose sanctions and take such other actions as the Board may deem necessary for violations of the Governance Documents. Such action by the Association 8 shall be taken in accordance with, and subject to, applicable procedures set forth in the Governance Documents and applicable law, including Chapter 209 of the Texas Property Code.

Sanctions and other actions that may be taken by the Association shall include all remedies available at law, in equity and/or under this Declaration, including the following: (i) Suspend a Member’s voting rights (except as prohibited by law).

recreational facilities located thereon, provided that under no circumstanée Board restrict or limit ingress and egress to and from a Lot.

(iv} Impose reasonable monetary mk Overnance he violator or ator but not paid e upon written notice paid in full. If any occupant, tenant, guest or invitee o Documents and a fine is imposed, the fine may be as the Owner, provided that if the fine is firstassesse within the time period set by the Board, Ri from the Board.

any Improvement on the Owne wAiolat the Governance Documents. lf the a Lot and other z a Lot and any Improvements thereon into compliance j Standard or other requirements under the Governance pfial obligation of the Owner of such Lot, will be deemed an at against such Lot, will constitute a lien against such Lot and will be anduct ofthe Owner or any occupant, tenant, guest or invitee. If the Owner fails to

of the Owner of such Lot, will be deemed an at against such Lot, will constitute a lien against such Lot and will be anduct ofthe Owner or any occupant, tenant, guest or invitee. If the Owner fails to reimburse the Association in the time required by the Board, such reimbursement will be deemed an Individual Assessment against the Owner’s Lot, will constitute a lien against the Lot and will be enforced in the same manner as for other Assessments under Article 5.

(vii) Exercise self-help or take action to abate any violation on the Common Area.

(viii) Preclude any contractor, subcontractor, agent, employee or invitee of an Owner who fails to comply with the provisions of Governance Documents, including Article 6 or Article 7 of this Declaration, from performing any further activities in the Property.

(ix) | Commence and maintain actions and suits to (1) enfo and enjoin, by mandatory injunction, specific performance or otherwise, a threatened violation of the Governance Documents and/or (2) rg damages.

(x) Record a notice of any violation Bove against the applicable Lot in the Records.

The decision to take any enforcement action under thie particular matter (including deciding whether to fi made by the Board, on behalf of the Association; in an arbitrary or capricious manner in any eng at that under no circumstances will the Board $r A’s6¢ja yer xpernd any of the Association’s assors OF assigns. The Board has Al action) will be e Board shall not act Governance Documents shall not preve at a later time, and no Board membt ADNT (COLLECTIVELY, “CAUSES OF ACTION”) ARISING FROM OR ASSOCIATION’S ACTIONS UNDER THIS SECTION 4.1(c), EXCEPT TO THE Legal and Accounting Services. Retain and pay for legal, accounting and

ard membt ADNT (COLLECTIVELY, “CAUSES OF ACTION”) ARISING FROM OR ASSOCIATION’S ACTIONS UNDER THIS SECTION 4.1(c), EXCEPT TO THE Legal and Accounting Services. Retain and pay for legal, accounting and w’services necessary for the proper operation of the Association.

(e) Construction. Construct new improvements or additions to existing improvements on the Common Areas.

10 (f) Contracts and Property Services. Enter into contracts on such terms as the Board may determine for services relating to operations of the Association or for the benefit of the Property, including contracts for water, gas, sewer, electricity, cable television, internet service, garbage removal, street cleaning and other services for all or any portions of the Property.

duties and services delegated to the Management Agent m for the duties specifically assigned to the Board in the ate moh) (1) provide for the collection of Assessments and the enforcements q iMaftation to the rights set forth in Kreas upon the affirmative vote of at (i) in accordance with Sectign.

Property Insurance. Blanket all-risk property insurance covering all : yements on the Common Maintenance Area to the extent that the Association has assumed maintenance responsibility, and all Improvements owned by the Association.

(b} General Liability Insurance. Commercial general fiability insurance covering bodily injury and property damage resulting from the operation and use of the Common Areas with limits of coverage deemed necessary ar desirable by the Board.

Ld (c) Directors and Officers Liability insurance. Directors and officers liability insurance, errors and omissions insurance, indemnity bonds or other similar insurance covering the Association’s Board members, officers, managers and committee members against liability

ers liability insurance, errors and omissions insurance, indemnity bonds or other similar insurance covering the Association’s Board members, officers, managers and committee members against liability for any act or omission in carrying out such party’s duties in its applicable capacity, with limits of coverage deemed necessary or desirable by the Board.

In addition to the required insurance coverage set forth above, the Ass¢ obtain and maintain any insurance policies and bonds deemed necessary or de Board for the benefit and protection of the Association, the Members, Board me officers, employees and agents of the Association.

qgtion may _ Ifa loss under any insurance policy is due wholly or partl Owner or its invitee, the Board may require the Owner to rei amount of any deductible that is attributable to such act or omission.

44 Books and Records. The Association shalt prepa iting the general right of the lation shall have the authority enter into bulk service agreements wit Declarant, and/or any entities in ents may include such services as cable television, security monitoring, trash and recycling collection, utilities, ign contract for services may require Owners or occupants to enter into ith the service providers in order to obtain the specified services or to Lot or Home. Such agreements may contain terms and conditions so that that any such termination will not relieve the Owner of the continuing obligation to pay Assessments for the services that are assessed against the Lot.

The Board may discontinue offering particular services and may modify or cancel agreements for existing services, subject to the terms of the service agreement.

12 4.6 Actions and Decisions of the Board. Except as otherwise provided in the

icular services and may modify or cancel agreements for existing services, subject to the terms of the service agreement.

12 4.6 Actions and Decisions of the Board. Except as otherwise provided in the Governance Documents, any judgment, decision, consent, approval or action made, given or withheld by the Board in exercising its powers, authority or duties shall be made, given or withheld in the Board’s sole and absolute discretion and shall be final so long as such judgment, decision or action is exercised in good faith. The Association, its directors, and officers shall not be liable to any Person for any error in judgment or any action or inaction of the p64 that nothing in this Section 4.6 shall relieve any Person of liability for gross negligé misconduct.

ARTICLE 5 ASSESSMENTS AND ASSOCIATION rinagicpe 5.1 Purpose. The Association will use Assessments to e Property, including the maintenance of improvements to, ande j section 5.2(c), Assessments on such Lo the date on which the Lot loses its,exerr accepting title to a Lot, each Owner covenants and the Governance Documents. All Assessments, the obligatioh to pay Assessments. In such event, each Owner shall continue to pay Assessments on the same basis as during the last year for which an Assessment was made, if any, until a new Assessment is levied, at which time the Association may retroactively assess any shortfall.

13 No Owner may exempt himself or herself from liability for Assessments by non-use of Common Areas, abandonment of his or her Lot, non-use of a service or otherwise. The obligation to pay Assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of Assessments or set-off shall be claimed or allowed for any alleged

se. The obligation to pay Assessments is a separate and independent covenant on the part of each Owner. No diminution or abatement of Assessments or set-off shall be claimed or allowed for any alleged failure of the Association or Board to take some action or perform some function required of it, or for inconvenience or discomfort arising from the making of repairs or improvements, or otherwise.

(c) Exempt Property. The following portions of the Property shalMye eXampt from the payment of Assessments: (i) All Common Areas; {ii) All portions of the Property owne Affiliate; In addition, Declarant o qualifying for tax exempt status under t of Regular Annual Assessments (as bbject to Assessments during the first year following the Effective Date shé beginning of each year, the B apaiie a budget based on an estimate of the Common Expenses to be incurrege«b the prior yéar’S funds. The total amount of expected expenditures set forth in the Budget will be allocated equally among all Lots subject to Assessments and will be levied as “Regular Annual Assessments” by the Board. All Regular Annual Assessments will be due and payable to the Association at times and in such other manner as the Board may designate.

14 (a) Supplemental Increases to Regular Annual Assessments. If during the course of a year the Board determines that the Regular Annual Assessments are insufficient to cover the estimated Common Expenses for the remainder of the year, the Board may increase Regular Annual Assessments for the remainder of the year in an amount that covers the estimated deficiency. .

’ to cover 5.4 Special Assessments. The Association may levy “Special Assessme Property expenses that are non-routine, unanticipated, or in excess of those anthe

hat covers the estimated deficiency. .

’ to cover 5.4 Special Assessments. The Association may levy “Special Assessme Property expenses that are non-routine, unanticipated, or in excess of those anthe Budget. Except as otherwise specifically provided in this Declaration, any Special A& for Property expenses shall be allocated equally among all Lots subject to Assessmne be payable in installments extending beyond the year in which pee Speci approved.

5.5 Notice of Budgets and Assessments; Budget Revisions® copy or summary of the Budget, together with notice of the aprétnts 5.6 Individual Assessments.

may levy “Individual Assessments” agz (a) Interest, late chaxg each as determined by the Boare applicable law; (b) compliance with the Owner or occupant q Reimburge cogts incurred in bringing an Owner or his Lot into : $s, contractors, employees, licensee, invitees or guests; and resulting loss to the Common Areas in accordance with e Board must give the Owner prior written notice and an accordance with the Bylaws; shall give the Owner or Person responsible for maintenance of the Lot or Other Properties prior written notice and an opportunity for a hearing in accordance with the Bylaws before levying any Individual Assessment under this subsection (c); 15 (d) To cover transfer-related fees and Resale Certificate fees requested by an Owner in accordance with Section 6.4; (e) To cover the amount of any insurance deductible assessed against an Owner pursuant to Section 4.3; (f) To cover the costs, including overhead and administrativa, costs, of providing services to a Lot upon an Owner’s request pursuant to any menu of op that the Association may offer; (g} To cover the charges for services provided to a Lot pursu agreement entered into by the Association; and

to a Lot upon an Owner’s request pursuant to any menu of op that the Association may offer; (g} To cover the charges for services provided to a Lot pursu agreement entered into by the Association; and (h) To cover any other amounts that the sober the Association to charge to a particular Owner or levy against a partis Individual Assessments are due and payable to in the notice of Individual Assessment or, if no dateds stated i ays after notice of the Assessment is given. v 5.7 Association Working Capitai.

(a) Each Owner (othr b6") to the Association. The initial 6 Regular Annual Assessment, which wit the advance written approval of the opment Period, which modification will be enMn the Records. In addition, until expiration Exempt Transfers. Notwithstanding the above, no Working Capital Fee transfer of title to a Lot: (i) to the Declarant or a Declarant Affiliate; (ii) to a Builder who is acquiring the Lot solely for purposes of development and resale of the Lot; 16 (iii) | toa Person who is assigned all or a portion of Declarant’s rights as Declarant; (iv) by a co-Owner to any Person who was a co-Owner with the transferor immediately prior to such transfer; {v) to an Owner’s estate, surviving spouse, or heirs at death of that Owner; (vi) to an entity wholly owned by the transferring Owner or td trust created by that Owner for the benefit that Owner, his or her spou law; provided, upon any subsequent transfer of an ownership or bene such entity, the Working Capital Fee shall become due; o> (vii} to a Mortgagee pursuant to the terms & foreclosure of its deed of trust, and to the first purchaser aftk (ix} under circu classification as an exempt trap purposes may be, but is not req@ Capital Fee).

ay charge fees related to use and/or

foreclosure of its deed of trust, and to the first purchaser aftk (ix} under circu classification as an exempt trap purposes may be, but is not req@ Capital Fee).

ay charge fees related to use and/or pr facilities and may determine the amount 5.8 Use and Consum consumption to any Person usingA and method of determining sug SRN Owner in the following order of priority: to delfiquent Assessments; hen, to any attorneys’ fees or third-party collection costs (to the extent urred by the Association associated solely with Assessments or any other (d)} Then, to any other attorneys’ fees incurred by the Association that the Association is entitled to charge to such Owner's account; 17 (e) Then, to any fines assessed by the Association against such Owner or the occupants of such Owner’s Lot; and (f) Then, to any other amount owed by such Owner to the Association.

Notwithstanding the above, if the Owner is in default under a payment plan entered into pursuant to Section 5.10 below at the time the Association receives a payment from such Owner, then the Association is not required to apply the payment in the or specified herein, provided that a fine assessed by the Association may not be given p any other amount due.

5.10 Payment Plans.

{a) Eligibility for Payment Plan. An Owner wikors i of any Regular Annual Assessments or Special Assessments, or any d Association, including costs of collection incurred by the “Assessment Delinquency”), shall be entitled to enter into a Association providing for an alternative payment kneNafay make partial payments to the Association for the Asse a “Payment Plan Agreement”), except as provided below. fact Ray rn “ah Agreement shall be in accordance with the terms of this SectionS. vd th pis-of Section 209.0062 of the Texas Property Code.

Asse a “Payment Plan Agreement”), except as provided below. fact Ray rn “ah Agreement shall be in accordance with the terms of this SectionS. vd th pis-of Section 209.0062 of the Texas Property Code.

Notwithstanding the foregoing y prdyisioh herein to the contrary, (i} an Owner shail be ineligible to pay his Assessmé@gtAeli ngér a Payment Plan Agreement if the Owner has failed to honor the.term 2 prayious Payment Plan Agreement with the iation is not required to allow a Payment Plan any amount that extends more than eighteen (18) o a Payment Plan Agreement more than once in any «any other circumstances as may be permitted by Texas law.

nistering the Owner’s compliance with the Payment Plan Agreement Payment Plan Administrative Charges”). An Owner who enters into a payable on the Assessment Delinquency in accordance with applicable provisions of the Governance Documents, which interest shall continue to accrue on the Assessment Delinquency during the term of Payment Plan Agreement.

18 (c) Available Payment Plan Schedules. The Association has established three alternative installment payment plan schedules (each, a “Repayment Schedule”). Any Owner who is eligible to enter into a Payment Plan Agreement with the Association shall be entitled to select from any of the Repayment Schedules that the Owner qualifies for, which shall be based on the total amount of the Assessment Delinquency owed by the Owner at the time the Payment Plan Agreement is entered into. The three available Repayment Schedules are as follows: (i) Six-Month Repayment Schedule: Any Owner wha Association an Assessment Delinquency totaling $600 or less shall be qualifies the Six-Month Repayment Schedule. Under the Six-Month Repaymen Charges and accrued interest, in equal monthly installmeats overfa months.

ssessment Delinquency totaling $600 or less shall be qualifies the Six-Month Repayment Schedule. Under the Six-Month Repaymen Charges and accrued interest, in equal monthly installmeats overfa months.

(ii) Twelve-Month Repayment Schedule: Association an Assessment Delinquency totaling $601 Yoder the Eighteen-Month Repayment ent Delinquency, plus any Payment Plan in equal monthly installments over a period a Each Payment Plan Agreement shall be a.

DY Doth the Owner and a duly authorized representative of 4 Agreement shall specify the total amount of Assessment the first (1) day of each month must be strictly complied with. If a monthly payment made pursuant to a Payment Plan Agreement is returned for insufficient funds and/or if a payment is received after the due day thereof, it shall constitute a material breach of the Payment Pian Agreement. In such event all unpaid amounts subject to the Payment Plan Agreement shall 19 automatically, without any further notice from the Association, be accelerated and shall be immediately due and payable in full to the Association.

If an Owner fails to timely make a payment under a Payment Plan Agreement in sufficient funds, the Owner shall be considered in default of the Payment Plan Agreement until the Owner pays the full amount of the Assessment Delinquency, Payment Plan Administrative Charges and accrued interest subject to the Payment Plan Agreement to the Association (the “Payigent Plan Default Period”). In addition, the defaulting Owner shall be liable for all costs b including reasonable attorneys’ fees, incurred by the Association to collect any remainin amounts subject to the Payment Plan Agreement, which shall be added to and i is in default under a Payment Plan Agreement during a Payme

neys’ fees, incurred by the Association to collect any remainin amounts subject to the Payment Plan Agreement, which shall be added to and i is in default under a Payment Plan Agreement during a Payme applied to the Owner’s debt or account in the following order of prior (i} any attorneys’ fees or third part (iii) (iv) a coMtribution, an advance against future Assessments due from an, as determined by Declarant. Any such subsidy and the 5.12 Association’s Right to Borrow Money. The Association may borrow money, subject to the consent of Owners of at least a majority of Lots, except that no such consent is required if the total amount of such borrowing together with all other debt incurred within the previous twelve (12) month period would not exceed twenty (20%) of the Association’s budgeted gross expenses for that fiscal year as set forth in the Budget. The Association may encumber, 20 mortgage, pledge or deed in trust any of its real or personal property, and may assign its right to future income, as security for money borrowed or debt incurred, subject to Section 9.8. This section 5.12 does not apply to loans by Declarant or a Declarant Affiliate to the Association.

5.13 Lien for Assessments; Assignment of Rents.

(a) Existence of Lien. The Association shall have a lien agains secure payment of Assessments, interest, late charges, and costs of collectiq reasonable attorneys’ fees and expenses). Such lien shall be superior to all other lie the liens of all taxes, bonds, assessments and other levies which by Texas law are over all other Mortgages on the Lot.

Although no further action is required to create or péerfe eng idtion may, as further evidence and notice of the lien, execute and record ab to any Lot the amount of the delinquent sums due the Associatig

ough no further action is required to create or péerfe eng idtion may, as further evidence and notice of the lien, execute and record ab to any Lot the amount of the delinquent sums due the Associatig the Association to execute and record any s docu ct the validity, enforceability or priority of the lien. , dy be foreclosed through judicial foreclosure proceedings, media aursuant to Sec. 154.028 of the j4nce with the procedures set forth in Each Owner hereby grants to the manner of any deed of trust on real propgft Chapters 51 and 209 of the Tex.

acquiredsgy the Association.

The Association may sue an Owner or other Person for unpaid Assessments and other charges authorized in the Governance Documents without foreclosing or waiving the lien securing same, in addition to pursuing any and all remedies allowed by law to enforce the lien.

21 (c} Effect of Sale or Transfer. Sale or transfer of any Lot shail not affect the Assessment lien or relieve such Lot from the lien for any subsequent Assessments, except that a sale or transfer pursuant to a foreclosure of a first Mortgage shall extinguish the Association’s tien for Assessments that became payable prior to such sale or transfer. A purchaser at a foreclosure sale or subsequent Owner of the foreclosed Lot shall not be personally liable for Assessments on such Lot due prior to such foreclosure. Such unpaid Assessments shall be a component of Common Expenses collectible from Owners of all Lots subject teASgessment, including such acquirer. Notwithstanding the foregoing, a foreclosure of a Lot shall Nnguish Owner at the time such Assessments became payable.

continuing assignment of rents to secure the payment of Asse Assessments or any other charges assessed to a Lot or an Owner o

of a Lot shall Nnguish Owner at the time such Assessments became payable.

continuing assignment of rents to secure the payment of Asse Assessments or any other charges assessed to a Lot or an Owner o (d) Assignment of Rents. Every Owner hereby i cure the debt, and notice of the Owner’s right t aringjbefore theyBoard. The Association must account for all monies received from a, st FemitAo fhe Owner any rents received in excess of the past-due amount. 4 ap Ke f the Association under the authority hereby granted shall not beéore ‘s lease with the Owner and shall not subject the tenant to penalties fro Business activity not apparent or detectible by sight, sound or smell from (b) The business activity complies with all applicable zoning laws, ordinances and regulations; 22 {c) The business activity does not utilize any employees or staff other than Persons residing in the Home and, subject to prior written approval by the Board, up to two (2) additional Persons; (d) The business activity does not involve any visitation of the Home or other Improvements on the Lot by customers, clients or suppliers, or the door-to-door solicitation of the residents of the Community; (e} The business activity does not involve an extraordinary or u number of deliveries to and from the Home, in the sole discretion of the Board; and (f) The business activity does not constitute a nuisa offensive use, or threat to the security and safety of the residen The Board will determine whether a business activity requirements set forth in this Section 6.2. Additional rules and reg on Lots and within Homes may be adopted and included int are prohibited uses or activities as set forth in thexRules slfa from within any Home. ‘e; 6.3 Leasing.

(a) Homes. The leat ner (other than Declarant} is

d within Homes may be adopted and included int are prohibited uses or activities as set forth in thexRules slfa from within any Home. ‘e; 6.3 Leasing.

(a) Homes. The leat ner (other than Declarant} is subject to the following requirements: (i) h its entirety; the leasing of separate roams, floors or other areas wi js prohibited.

(ii) he {e af multiple Homes by (i) a single Owner, (ii) two or more marriage, (iii} Owners with a common ownership nder the control or direction of a single Owner, is (iv) — Allleases must be in writing and provide for a minimum initial term at leaseSix (6) months. The Home may not be subleased nor may the lease be assigned during the initial term. If the lease is terminated after the tenant has taken occupancy and prior to the expiration of a six month initial term, the Owner may not enter into a new lease with a term commencing prior to the date on which the original six month term would have expired without the prior written approval of the Board.

23 of the leased Home are bound by and obligated to comply with the Governance Document. The Governance Documents will apply to the leased Home and the tenants and occupants regardless of whether such provision is included in the lease.

(vi) Within three (3) business days of a lease being signed for a Home, the Owner shall notify the Association of the lease, the names of the tengfitg including their phone numbers and e-mail addresses, and provide an alternate mailMmg the Owner, a copy of the lease (provided that any sensitive information may b and any additional information the Board may reasonably require.

lease or advertise for lease any Improvement on a Lot other th (b) Improvements other than Homes. No Owneg(other §

ve information may b and any additional information the Board may reasonably require.

lease or advertise for lease any Improvement on a Lot other th (b) Improvements other than Homes. No Owneg(other § prior written consent. If the Board provides an Owner (other nf D ) business days following the Declarant, Declarant Affiliate or a Code, the Association shall deliver a Resale Certificate, along with a current copy of the Governance Documents, within 10 business days after the Association’s receipt of a written request from an Owner, an Owner’s agent, a purchaser of a Lot and/or Home or the purchaser's agent, or a title insurance company or its agent acting on behalf of the Owner or purchaser of a Lot and/or Home. If the Resale Certificate indicates any known conditions on the Lot that violate 24 the Governance Documents, or any amounts due and unpaid to the Association on account of the Lot, then the Owner shall cure any such violations and pay any such amounts prior to transfer of title and, upon doing so, may request an update to the Resale Certificate to reflect such action.

in the manner and to the extent required by Section 207.003 of the Texas Property Code, within 7 business days after the Association’s receipt of a written request for an updated Resale Certificate, which request for an update complies with Section 207.003(g)/%the Texas Property Code, the Association shall deliver an updated Resale Certificate containing theynatters described in Section 207.003(f) of the Texas Property Code.

The Association may charge a reasonable fee to prepare, ass deliver a Resale Certificate and accompanying information and any ypdate to Ré The Resale Certificate shall be binding upon the Association as good faith. , 6.5 Subdivision and Combination of Lots. Until th

r a Resale Certificate and accompanying information and any ypdate to Ré The Resale Certificate shall be binding upon the Association as good faith. , 6.5 Subdivision and Combination of Lots. Until th Declarant must be approved by Declarant. Aft platting, replatting, subdivision and combinatiop coverage in the kinds and amounts ‘s investors for Improvements simi e Claims. In the event of damage to or destruction of any portion prov Aénts located thereon, or in the event of any injury to an Owner representatives, agents and assigns, such parties will only be liable to such Owner or any invitee of such Owner, if at all, to the extent the Owner's insurance proceeds are insufficient to cover the costs of repair or reconstruction.

25 (b) Failure to Obtain Insurance. IF, FOR ANY REASON, AN OWNER FAILS TO OBTAIN AND KEEP IN FORCE ANY OR ALL OF THE INSURANCE POLICIES REQUIRED OF OWNER UNDER THIS SECTION 6.6 OR ANYWHERE ELSE IN THE GOVERNANCE DOCUMENTS, OWNER SHALL INDEMNIFY AND HOLD HARMLESS THE DECLARANT, THE ASSOCIATION, AND EACH OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND ASSIGNS FROM AND AGAINST ANY LOSS INCURRED WHICH WOULD HAVE BEEN COVERED BY THE INSURANCE OWNER FAILED TO OBTAIN AND/OR KEEP IN FORCE. If Owner fafl&to comply with its insurance requirements contained in this Section 6.6, Declarant and/or thie dciation may, at their option, purchase insurance on such Owner’s behalf and require Owner, 0 3 to reimburse Declarant and/or the Association (as applicable) for all costs incurrpe=in werterctoliles manner using exterior materials idg to those originally used in the structures damage fails to commence such repair, restoration destruction within thirty (30) days afte thereafter prosecute same to completi

using exterior materials idg to those originally used in the structures damage fails to commence such repair, restoration destruction within thirty (30) days afte thereafter prosecute same to completi from any damage within thirty (30) da may commence, complete or effect sud Owner shall be personally liable to the Bulation or administrative or public body or ; Feplacement or clea n-up, the rights of the rast from the date of demand until paid at the maximum aximum lawful rate, than at the rate of one and one-half OF THE ASSOCIATION’S ACTS OR ACTIVITIES UNDER THIS SECTION 6.7, EXCEPT FOR SUCH CD , LOSS, DAMAGE, EXPENSE, LIABILITY, CLAIM OR CAUSE OF ACTION ARISING BY REASON OF THE ASSOCIATION’S NEGLIGENCE OR WILLFUL MISCONDUCT.

6.8 Mechanic’s and Materialmen’s Lien. Each Owner whose Lot and/or Improvement is repaired, restored, replaced or cleaned up by the Association pursuant to the rights granted 26 under this Article 6, hereby grants to the Association a mechanic’s and materialmen’s lien for the reasonable cost of such repair, restoration, or replacement of the damaged or destroyed Improvement to the extent that the cost of such repair, restoration or replacement exceeds any insurance proceeds allocable to such repair, restoration or replacement and delivered to the Association. Upon request by the Board and before the commencement of any reconstruction, repair, restoration or replacement, Owner shall execute all documents sufficient to effectuate such mechanic's and materialmen’s lien in favor of the Association.

6.9 Rulemaking Authority and Procedures. The Rules are set forth in the R on the Association website (if any), and are available from the Association upon reg to the limitations set forth below, the Rules may be amended from time to tj Section 15.2. S

are set forth in the R on the Association website (if any), and are available from the Association upon reg to the limitations set forth below, the Rules may be amended from time to tj Section 15.2. S Rules shall comply with the following requirements: {a) No Rule shall interfere with the activities e Association or grate excessive smell, The Association may also prohibit activities that wns Led i] isi § Home or (v} are an unreasonable source of annoyance.

(b) No Rule may un he then current version of the Rules executed by the Declarant or the Association, or both, as applicable, and recorded in the Records. Any such amendments shall take effect upon recording or 30 days after the date on which written notice of the Rules change ‘is given to the Owners, whichever is later.

27 ARTICLE 7 ARCHITECTURAL REVIEW 7.1 Purpose. The Community derives its unique character from compatible architectural styles and from the cooperation of all Builders and Owners in upholding minimum design, landscaping and aesthetic standards. This Article 7 (a} creates rights to regulate the improvement, design, use and appearance of Lots, Homes and other Improvemengé%g order to preserve and enhance the Community's value and Declarant’s architectural Community, and (b) explains how design, landscaping and aesthetic standards are e applied and maintained.

alterations, modifications and items placed on a Lot (collectively to (a) standards for design, development, landscaping, and aest Guidelines and (b) the approval procedures set forth in this Article 7, a8 Prop. Cade Chapter 202. The Reviewer has the right, but not the@uty 7.2 General. All site work, landscaping, ce No prior approval is necessary to repai xt B Improvements using the

n this Article 7, a8 Prop. Cade Chapter 202. The Reviewer has the right, but not the@uty 7.2 General. All site work, landscaping, ce No prior approval is necessary to repai xt B Improvements using the most recently approved color scheme for s jn a color scheme approved in the Design Guidelines, or to rebuildkor bere age Improvements in a manner consistent with the plans and specificgtions Pe approved for such Improvements.

Generally, no approval is required to md d/decorate, redecorate, or improve the interior of an Improvement; howgv€r, mOdificdtionSo the interior of screened porches, patios and any other portions of an isibtzArom any other portion of the Property do require prior approval.

by any municipality 6r_ethte : ental entities. This Article shall not apply to Declarant’s ies dwying the Development Period.

D) Declarant. Until (i) expiration of the Development Period or (ii) designation of Declarant’s rights under this Article 7, the Reviewer is Declarant, provided that Declarant may designate any or all of its rights under this Article 7 to one or more Persons or to a committee comprised of Persons Declarant deems appropriate, including an ARC as provided in Section 7.3(c) below, provided that such delegation (i) must be in writing, (ii) must specify the scope of 28 responsibilities designated, (iii) is subject to revocation by Declarant at any time, at which time Declarant reassumes its prior authority, and (iv) is subject to Declarant’s right to veto any decision by its designee that Declarant determines to be inappropriate or inadvisable. During the Development Period, neither the Association, the Board, the ARC, nor a committee appointed by the Association or Board (no matter how the committee is named) may involve itself with the

le. During the Development Period, neither the Association, the Board, the ARC, nor a committee appointed by the Association or Board (no matter how the committee is named) may involve itself with the approval of any Improvements, except pursuant to a designation by Declarant in accordance with this Section 7.3(b).

(c) Architectural Review Committee. Upon the expiration of the Deve Board shall appoint an Architectural Review Committee (the “ARC”) to assume j matters within the scope of this Article 7. The ARC must consist oft least than seven, Persons who shall serve, and may be removed and okey? in the ARC members need not be Owners or r representatives of Owners a (d} Reviewer Discretion. The Rew P i lete discretion with respect to taste, design, and all standards spesif Bhis Weclapatign or by the Design ent of construction is Declarant, it may act solely in its ¢ organization in reviewing and acting o DUE TO THE WILLFUL MISCONDUCT OR BAD FAITH OF THE AL ACTING ON ITS BEHALF.

he Declarant, the Association, the ARC, the Board, their respective itfee, and members of any of the foregoing shall not be liable for: (i) soil gg, or other general site wark on the Lots; (ii) any defects in plans revised or approvethbereuntier; (iii) any loss or damage arising out of the action, inaction, integrity, financial condition, or quality of work of any contractor or its subcontractors, employees, or agents, whether or not the Declarant has approved or featured such contractor as a Builder; (iv) any injury, damages, or loss arising out of the manner or quality or other circumstances of approved construction on, or modifications to, any Lot, or (v) any violation of the Rules or Design Guidelines 29

njury, damages, or loss arising out of the manner or quality or other circumstances of approved construction on, or modifications to, any Lot, or (v) any violation of the Rules or Design Guidelines 29 by any Owners or any other Person. In all matters arising under this Article, the Association shall defend and indemnify the Board, the ARC, and the members of each, as provided in the Bylaws.

74 Application Process.

desires solely to re-subdivide or consolidate Lots, a proposal for such re-sybddivision or consolidation) must be submitted to the Reviewer in accordance with the Desig any additional rules adopted by the Reviewer, together with any review fee that is Ik the Reviewer in accordance with Section 7.4(f). No re-subdivision or consolidation will which the Reviewer, in its sole discretion, may require.

{b) Reviewer Response. The Reviewer shal of a completed application with all required infg ion @ aGdiffonat information or materials requested by Reviewer; however,,fe 2 2 ination subject to Declarant’s veto right under Section 7,3(b) 3 bi , the Reviewer shall notify the applicant in writing of the finahdaterrinati Phin F5ettdys after its receipt of the completed application and any additionéli requested. The Reviewer may (i) approve the application with or S deposited in the United States mail ectronic transmission). The Reviewer may ariances. The Reviewer may grant a variance or waiver of a restriction or idelines (other than a restriction or rule set forth in the PD) on a case-bycase basawbhep-ircumstances dictate, and may limit or condition its grant of a variance. To be effective, a variance or waiver must be in writing and signed by the Reviewer. Approval of a

n a case-bycase basawbhep-ircumstances dictate, and may limit or condition its grant of a variance. To be effective, a variance or waiver must be in writing and signed by the Reviewer. Approval of a variance or waiver may not be deemed, implied or presumed under any other circumstance.

{d) No Waiver. Reviewer approval of any plans and specifications or granting of a variance will not be deemed to constitute a waiver of any right to withhold approval of plans 30 and specifications or deny a variance with respect to any other matter, subsequently or additionally submitted to the Reviewer, by the same or by a different Person, nor will such approval or grant be deemed to establish a precedent for future approvals by the Reviewer.

(e) Relationship with Municipal Approvals and Requirements. if the application is for work that requires any permit or permits from a governmental body, the Reviewer's approval is automatically and implicitly conditioned on the issydfwe of the Reviewer's approval of plans and specifications does not mean that the plans and spé@cifica comply with any requirements of the governmental body. Alternatively, issuance=e (f} Fees. The Reviewer may typ review of applications and may require that syobhNde hich are in addition to the PD, sreof, but, notwithstanding anything t to amendment as provided in this ay contain general provisions applicable 7.5 Design Guidelines. The are being recorded in the Records, on g {the Design Guidelines during the Development Period as set qtinue even if it delegates its reviewing authority, unless Declarant w#S power to amend the Design Guidelines. Upon termination or mEnts to the Design Guidelines shall apply prospectively only. There shall be no

if it delegates its reviewing authority, unless Declarant w#S power to amend the Design Guidelines. Upon termination or mEnts to the Design Guidelines shall apply prospectively only. There shall be no limitation on the scope of amendments to the Design Guidelines, and such amendments may eliminate requirements previously imposed ar otherwise make the Design Guidelines less restrictive. Notwithstanding anything to the contrary set forth in this Declaration, any amendments to Design Guidelines governed by the PD shalt require approval of the City of Frisco, SL Texas, if and to the extent required by the PD. Any amendment to the Design Gu idelines shall be effective upon recordation in the Records.

In the event of any conflict between the terms and provisions of the Design Guidelines (other than as may be set forth in the PD) and the terms and provisions of this Declaration, the terms and provisions of this Declaration will control.

7.6 Completion of Construction. As part of any approval or variance; may require that construction commence within a specified time period. If constr not commence within the required period, the approval or variance will expire, a commenced, it must be diligently pursued to completion. All work 4 all be cq year of commencement unless otherwise specified in the noté Reviewer, in its sole discretion, grants an extension in writing.

77 Role of Declarant.

applicatior-and any additional information Declarant may require. Declarant shall then have five (5) days after receipt of such notice to veto any such action by written notice to such designee, and in the event of such veto, the Declarant designee (including the ARC) shall veto the action.

32 7.8 Insurance as Prerequisite to Commencement_of Construction. Prior to

ten notice to such designee, and in the event of such veto, the Declarant designee (including the ARC) shall veto the action.

32 7.8 Insurance as Prerequisite to Commencement_of Construction. Prior to commencing any construction on a Lot, an Owner shall (i) obtain and maintain all insurance required under this Declaration together with any additional insurance as may be reasonably required by the Reviewer in light of the circumstances of the construction to be performed and (ii) provide the Reviewer with evidence of such insurance.

ARTICLE 8 MAINTENANCE, REPAIR, AND REPLACEMENT 8.1 Maintenance of Lots. Each Owner shall maintain its Lot, Improvements on the Lot, in a manner consistent with the Governance Community Wide Standard, unless such maintenance responsibility j Association. re; Each Owner shall be responsible for maintaining and irrigating f portion of any public right-of-way within ten (10) feet of the may not remove trees, shrubs, similar vegetation, or other i prior approval pursuant to Article 7.

8.2 Maintenance of the Property.

for Other Properties, shall maintain such Governance Documents and the Com The Association may assume addition to the Common Area), including Home leased by its Owner, upor 3 lacement. Unless otherwise specifically provided s if in other instruments creating and assigning maintenance for maintenance of Property and Improvements shall include deductible.

8.4 Maintenance and Repair of Party Walls and Similar Structures.

33 (a) Original Construction. Each wall, fence, driveway, or similar structure built as part of the original construction on Lots that serves and/or separates any two or more adjoining Lots, shall be considered a “Party Structure.” Except as may otherwise be provided in

tructure built as part of the original construction on Lots that serves and/or separates any two or more adjoining Lots, shall be considered a “Party Structure.” Except as may otherwise be provided in any applicable Supplement, if any necessary maintenance, repair or replacement of a Party Structure affects both sides of the structure, it shall be the joint responsibility of the Owners of the Lots served or separated by the Party Structure and either Owner may perform the necessary maintenance or repair and, within thirty (30) days after receipt of written Ayidence of the total cost incurred, the other Owner(s} shall reimburse the Owner who has ty cost for an equal share of the reasonable cost incurred in performing such mainte repair.

Notwithstanding the above or anything to the contrary in this or repair to a Party Structure is necessitated by the conduct of t .

of only one of the Lots that share such Party Structure, then the Qe adjacent Lot thereafter attaches anott fence for the purpose of enclosing a eifitenance or repairs to a Party Structure within ten (10) tice from the Association advising of the need for such Association shall have the right to provide the necessary le assess the costs incurred against the responsible Owners and their xCcumulate in connection with any work, construction, alterations, repairs or er activities on the Property for which such Owner is responsible.

ARTICLE 9 COMMON AREAS 34 9.1 Introduction. One of the Association’s primary functions is maintaining and operating property and facilities for the common benefit of the Owners and residents of the Property. This Article 9 establishes the Association’s obligation to maintain, operate, and restore the property that Declarant designates as Common Area for the benefit of the Community.

dents of the Property. This Article 9 establishes the Association’s obligation to maintain, operate, and restore the property that Declarant designates as Common Area for the benefit of the Community.

9.2 Acceptance and Control of Association Property.

(a} Transfers and Conveyances by Declarant. Declarant and its &e transfer or convey to the Association interests in real and personal property withi benefit of the Community, and the Association shail accept such transfers and conveya acceptance by the Association, shall thereafter be designated a restrictions set forth in the deed, plat or other instrument transferrifigz Area to the Association.

licenses, or other real or personal property interests. Such dso) upongcofiveyance shall re-convey to Declarant, or any Declarant Affiji that Declarant, Declarant Affiliate or Builde Association, to the extent conveyed in error lines or to accommodate changes in the g approval relating to the Property, incltdthg bonds on improvements within pe i iesby Association. The Association, with the consent MeneReri od, may contract with owners of recreational and social (b) anagement_and Control. The Association is responsible for the neratipn, afd control of the Common Area, subject to any covenants set forth in instrument transferring the property to the Association. The Association ¥, licenses or operating agreements with respect to portions of the Common use of Comffon Area facilities by Persons other than Owners and occupants of Homes and may charge use fees for the same in such amount as the Board may establish.

35 9.3. Common Maintenance Area. The Association shall maintain the Common Maintenance Area in accordance with the Community Wide Standard. The Common Maintenance Area includes, but is not limited to, the following:

Maintenance Area. The Association shall maintain the Common Maintenance Area in accordance with the Community Wide Standard. The Common Maintenance Area includes, but is not limited to, the following: (a) the Common Area and all Improvements thereon; governmental body, or are not maintained to the Community Wide Standard by the he party; identification, directional and traffic signage, and street lights i way and public parks within or abutting the Property, to the exte responsibility of any governmental or quasi-governmental body, or property, or are not maintained in the Community Wide Standage maintained by the Association notice to the Association.

The Associatio services oard deems to benefit the Association.

ae If the Association fails to properly perform its maintenance obligations under this Section 9.3 at any time during the Development Period, the Declarant may, upon not less than ten (10) days written notice and opportunity to cure such failure, cause such maintenance to be 36 performed, in which event the Association shall promptly reimburse Declarant for the costs incurred.

9.4 Discontinuation of Operation. The Association shall maintain the Common Area facilities in continuous operation (subject to seasonal closures, permitted private events, maintenance and repair) unless (i) during the Development Period, Declarant determines to discontinue operation of such facilities, or (ii} after the Development Perige, Owners operation. This Section 9.4 shall not restrict the Board’s ability to establish reasonab hours and other Rules for Common Area facilities (which may vary by season) 2 appropriate to perform cleaning, maintenance and/or repairs.

L p

ll not restrict the Board’s ability to establish reasonab hours and other Rules for Common Area facilities (which may vary by season) 2 appropriate to perform cleaning, maintenance and/or repairs.

L p 9.5 Restoring Damaged Improvements. In the event any portion of the Common Maintenance Area for which the 4 responsibility, the Board or its duly authorized agent shall file angeactj unless: (a) repair or reconst ordinance governing health or safety; ruins and theredtter shall be maintained by the Association in a neat and attractive condition consistent with the Community Wide Standard, The Association shall retain and place in a capital improvements account for the benefit of all Owners, any insurance proceeds remaining after paying the costs of repair or reconstruction or after such settlement as is necessary and appropriate. This is a covenant for 37 the benefit of Mortgagees and may be enforced by the Mortgagee of any affected Lot. This paragraph shall in no event be interpreted to require the Association to procure or maintain insurance on an Owner’s Lot or any Improvements located thereon.

If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the Board may, without a vote of Members, levy Special Assessments or Individual Assessments to cover the shortfall against those Owners responsible for th for the applicable insurance coverage under Section 5.4.

9.6 Relationships with Other Properties. Declarant may prepare, execute ard a document creating a covenant obligating the Association to share costs with athi the maintenance and operation of certain mutually beneficial propertie certain mutually beneficial services, as described in such docu men (a * Costs”). Any Covenant to Share Costs may obligate the Association pftyi

and operation of certain mutually beneficial propertie certain mutually beneficial services, as described in such docu men (a * Costs”). Any Covenant to Share Costs may obligate the Association pftyi other services to such mutually beneficial properties and may authorize a specified portion of the costs it incurs from the owners of suc of the Association. In addition, the Association may contr Declarant, Collin County, the City of Frisco, a neighboring property, to provide for sharing (a) maintenance and operation of mutually b mutually beneficial services.

Members ies, including owner of any es associated with 9.7 Condemnation.

If any part of the Common A condemnation or eminent domain, o The Association may transfer, convey or dedicate portions of the Common Area to any governmental entity, quasi-governmental entity, utility company or similar entity, as follows: (a) upon request of the Declarant pursuant to Section 9.2 or Article 10; 38 (b) upon the written direction of the Board and the Declarant during the Development Period; or (c) upon the written direction of at least 67% of the total votes in the Association and the Declarant during the Development Period.

The Association may encumber, mortgage, pledge or deed in trust a Area as security for money borrowed or debt incurred in order to improve the Cork the Association to be used as the Board determines.

No conveyance or encumbrance of Common Area een ba access or support.

ARTICLE 10 10.1 Purpose; General. Declarant has ¢ an integral part of the development of the Com Declaration, may be modified from tim Declarant has reserved various rights in¥ this Article 10.

extent same is not ownegeh Addition of land shall be evidenced by the recording aa = Records (“Supplement”), which Supplement may

ed from tim Declarant has reserved various rights in¥ this Article 10.

extent same is not ownegeh Addition of land shall be evidenced by the recording aa = Records (“Supplement”), which Supplement may iration OT the Development Period. Until termination or expiration of the Declarant may assign this right to a third-party developer of a portion of : Gdition of Land by the Association. After termination or expiration of the Development Period, the Association may elect to add land to the Property by subjecting the Additional Property, or any portion thereof, as well as any other property (upon the approval of the owner of such property), to this Declaration upon the affirmative vote of a majority of the total votes in the Association. Such addition of land shall be evidenced by the recording of a 39 Supplement, which Supplement may impose additional covenants, conditions and restrictions that are not imposed by this Declaration, 10.4 Withdrawal of Property. At any time and from time to time during the Development Period, Declarant may elect to withdraw portions of the Property from the Property and the coverage of this Declaration by the filing of a withdrawal notice in the Records.

Any election to withdraw portions of the Property from the Property under this Seqtf&o 10.4 will not require the consent of any Person except for (a) the Owner of such Property i Oyvner is not the Declarant, and (b) the Association if the Property constitutes any portion of the Area that has previously been conveyed to the Association.

may impose additional covenants and easements on the Propertya including square footage restrictions and other requirements o be signed by such owner evidencing such owner’ exceptions to, or otherwise modify the terms

onal covenants and easements on the Propertya including square footage restrictions and other requirements o be signed by such owner evidencing such owner’ exceptions to, or otherwise modify the terms described in the Supplement, in order to reflg property.

Records unless otherwise specified ent, any property described in such § being assigned voting rights in the isions of this Declaration.

particular manner, unless expressly stated. During the ant reserves the right to: (c) Adjust the boundary lines and re-plat any of the Common Areas, and any Lots owned by Declarant.

40 (d) Designate Neighborhoods and assign Lots to Neighborhoods, and redesignate or change Neighborhood boundaries and the Lots assigned to Neighborhoods.

(e} Grant permits, licenses and easements over, on and under the Property for utilities, roads and other purposes necessary for the proper development and operation of the Property.

(f} In the name of Declarant or the Association, enter into co installation, operation, management, and maintenance of utility service within the R Declarant deems appropriate.

(g) Construct, install, remove, or modify any Improvements g This right to construct and install Improvements includes the g trailers, tools and equipment on any portion of the Property owne (h) Make repairs or correct any condition on ap the Common Area.

sponsor any special events within thed ai 8 or marketing related events. The rights described in this Section 10.6(4 ifi include the right of Declarant or, as authorized by Declarant, any Buj ompArea facilities at no charge and to restrict use or access to such facilities aciat it Members and others when use is related to 2 During the Development ber tha Declarant may record any additional covenants, conditions and/or

ge and to restrict use or access to such facilities aciat it Members and others when use is related to 2 During the Development ber tha Declarant may record any additional covenants, conditions and/or Neither the Association, any Owner, nor any other Person shall initiate the dispute resolution procedures under Article 12, nor retain an expert for the purpose of inspecting the design or construction of any structures or improvements within the Property in connection with or in anticipation of any potential or pending claim, demand, or litigation involving such design 41 or construction unless the Declarant and any Builder involved in the design or construction have been first notified in writing, by certified mail, and given an opportunity to meet with the Association and/or the Owner of any affected Lot to discuss the concerns, conduct their own inspection, and take action to remedy any problem in accordance with this Section 10.8. Any notice to the Declarant under this Section 10.8 shall include a description of the alleged defect in design or construction (“Defect”), a description of any damage suffered as a result of the Defect, the date on which the Defect was discovered, and dates and times during ordinary befstmess hours that the Declarant may meet with the Owner or the affected Lot or represe Association to conduct an inspection.

so notify the Association (if the Defect involves Common Area) o (if the Defect is in a Lot) within 30 days after conducting such insp@cti6rive " Owner shall permit the Declarant, its contractors, subcontractors, and\gg during ordinary business hours to make such repairs which, 2 replace, or cure any alleged Defect. However, if the Declarant ot performed have remedied the Defect, the bf Sh aint d-party inspector who is

ring ordinary business hours to make such repairs which, 2 replace, or cure any alleged Defect. However, if the Declarant ot performed have remedied the Defect, the bf Sh aint d-party inspector who is knowledgeable and experienced in co ae atNssue to inspect the Defect and make a determination as to whether a is'agequate as to whether the Defect has been remedied, and the costs of appp 3 aarty inspector shall be shared equally among the parties. The Association, thae nr e Owner of the affected Lot agree to accept and abide by the decision g Aected in accordance with this paragraph.

If the Association or anyO to\comply with this Article 10, in addition to any other rights or remedies of Declara é he Declarant nor any Declarant Affiliate shall be liable for any general, specia Except as otherwise provided in the Governance bcision, consent, approval cr action made, given or withheld by the g itspowers, authority or duties shall be made, given or withheld in the absolute discretion.

beclaragt’s sole ahd ARTICLE 11 EASEMENTS 11.1 Common Area Grant. Declarant hereby grants to each Owner a right and nonexclusive easement of use, access and enjoyment in and to the Common Area and the improvements thereon, subject to all other rights, easements and limitations set forth in this 42 Declaration, the Governance Documents or the Rules. An Owner may extend its right of use and enjoyment of the Common Area to the members of the Owner’s family and the Owner's guests and tenants, subject to the terms of this Declaration, including the Rules. An Owner who leases its Home is deemed to have assigned the Owner's rights under this paragraph to the Owner's tenant for the duration of the lease.

11.2 Right of Ingress and Egress. Declarant hereby reserves for itself apt

Home is deemed to have assigned the Owner's rights under this paragraph to the Owner's tenant for the duration of the lease.

11.2 Right of Ingress and Egress. Declarant hereby reserves for itself apt employees and designees an easement for ingress and egress over and the right of Common Area to the extent necessary to use the Common Area as may be required or Ye desirable (as determined by Declarant) in connection with the development operation, administration and sale of the Property.

11.3 Reserved and Specific Easements. All dedicating Doitat reservations shown on any plat and all grants and dedications St g4same restrictions and related rights made by Declarant prior to the Propert)becowping Declaration are incorporated herein by reference and made 2 11.4 Association Easement.

Association and its assigns, a perpetua ausf streetlights, signage and landscaping that ise of the easements reserved hereunder will not will it unreasonably interfere with the use of any fencing, retaining walls, wal serve some or all of the Comm twenty-four (24) months after the date such Lot is conveyed to an Owner Jif Dectarant, its agents, employees or designees cause damage to any Lot e foregoing completion easement rights, Declarant shall cause the party exercising easement rights to repair such damage promptly after completing its construction activities in the damaged area.

11.6 Easements for Special Events. Declarant hereby reserves for itself and the Association, and their respective assigns, and designees, a perpetual, non-exclusive easement over the Common Area for the purpose of: (a} conducting parades; (b) running, fishing, biking or 43 other sporting events; (c) educational, cultural, artistic, musical and entertainment activities; and

ver the Common Area for the purpose of: (a} conducting parades; (b) running, fishing, biking or 43 other sporting events; (c) educational, cultural, artistic, musical and entertainment activities; and (d) other activities of general community interest, at such locations and times as Declarant and/or the Association, in their reasonable discretion, deem appropriate, Each Owner, by accepting a deed or other instrument conveying any interest in a Lot, acknowledges and agrees that the exercise of this easement may result in a temporary increase in traffic, noise, gathering of crowds, and related inconveniences, and each Owner agrees on behalf of itself and the occupants of its Lot to take no action, legal or otherwise, which would interfere with the exer€e of such easement. .

maintenance of utilities and associated infrastructure, including, over and across the Property for the construction, ing, He drainage, storm water detention and/or siltation, gas, cable televisiog 11.8 Drainage; Water. Declarant her eserves fi assign, a non-exclusive perpetual easement ane rt, drainage pipes, infiltration trenches, ponds, basins, swales, bermy, oyt-f 3 drainage areas, filters, inlets, oil/grit separators and underground wher reserves for the benefit of Declarant and any designee a blanke and under the ground within the mergency and Enforcement. Declarant hereby heir respective assigns and designees, a perpetual 11.10 Encroachment Easement. Declarant hereby grants reciprocal appurtenant easements of encroachment, and for maintenance and use of any permitted encroachment, between each Lot and any adjacent Common Area and between adjacent Lots. A permitted encroachment is an Improvement that extends unintentionally from one Person’s Lot onto

any permitted encroachment, between each Lot and any adjacent Common Area and between adjacent Lots. A permitted encroachment is an Improvement that extends unintentionally from one Person’s Lot onto another’s a distance of less than three feet, as measured from any point on the common 44 boundary of the Lots along a line perpendicular to such boundary. An encroachment easement shall not exist if the encroachment results from willful and knowing conduct of the part of, or with the knowledge and consent of, the Person claiming the benefit of such easement.

11.11 Easement for Lake, Creek and Pond Maintenance and Flood Water. Declarant reserves for itself and the Association, and their respective successors, assigns, and designees, the nonexclusive right and easement, but not the obligation, to enter upon bodies fyvater and wetlands located within the Property, if any, and: (a) install, operate, maintai pumps to supply irrigation water to the Common Maintenance Area; (b) construct, mai repair structures and equipment used for retaining water; and (c) maintain s necessary to exercise their rights under this Section 11.11.

respective access and Declarant further reserves for itself and the As assigns, and designees, a perpetual, nonexclusive rig encroachment over the Common Area and a thereon) adjacent to or within 50 feet of bodies« é (iii) maintain and landscape the slopes4 property; (ii) alter in any manner and gepe ies of water and wetlands; and Pats 0 ks peNainin be constructed to make Declarant or ak Person tiqble Terdamage resoliing from flooding collection service to the Community, provided that easement shall not authorize any such Persons to enter the Private Street except while acting in their official capacities.

e resoliing from flooding collection service to the Community, provided that easement shall not authorize any such Persons to enter the Private Street except while acting in their official capacities.

The existence of these easements shall not preclude the Association from maintaining gates or other devices or systems designed to limit general vehicular access over any Private 45 Street to portions of the Community, provided that the Association at all times maintains systems and/or procedures to permit the uncontested entry of Persons authorized to exercise the easements granted in this subsection (b) without unreasonable interference or delay.

ARTICLE 12 COMPLIANCE AND ENFORCEMENT DISPUTE RESOLUTION 12.1 Compliance.

addition, each Owner shall be responsible for, and may be san Governance Documents by the occupants, tenants, guests, or inviteés damage to the Commen Area that such Persons may cause.

12.2 Remedies for Non-Compliance.

The Association, the Declarant and every éftfet : avg the right to file suit at law or in equity to enforce the Governance D6 fo-the s of Section 12.6, as applicable; provided, prior to the Associatio i i er, other than a suit to collect Assessments or foreclose the Ass ion 5.13, the Association shall provide written notice to the alleged vid a the Bylaws. In addition, the Board ancttens for violations of the Governance (a) Ay4nctions by the Association for a violation of the Governance Documents, the Ag 9n shall provide written notice to the alleged violator and an opportunity fope i we ance with the Bylaws. (tf, after notice and an opportunity for a heafing jotatj pfitinues or recurs within 12 months after the date of such notice, the Bp 3 (i) exercise self-help or take action to abate a violation on a Lot or

after notice and an opportunity for a heafing jotatj pfitinues or recurs within 12 months after the date of such notice, the Bp 3 (i) exercise self-help or take action to abate a violation on a Lot or @perties in any situation which requires prompt action to avoid potential injury or damage or unreasonable inconvenience to other Persons or their property (specifically including, but not limited to, the towing of vehicles that are in violation of parking rules and regulations); 46 (ii) exercise self-help or take action to abate a violation on the Common Area under any circumstances; (iii) require an Owner or other Person responsible for maintenance under Article 8, at its own expense, to perform maintenance or to remove any structure or Improvement on such Owner’s Lot or on the Property for which such Person is responsible, that is in violation of the Community Wide Standard or other irements the Association in connection with any such entry ona the Owner of such Lot, will be deemed an Individua constitute a lien against such Lot and willMe‘gnfore Assessments under Article 5; (iv) | temporarily, ight Tuse Common Areas if such j rred in a Common Area and involved significant and immediate Fisk Nes in the Community (with such : makes a final determination on the the covenant, restriction, or rule being enforced is, or is likely to be construed as, inconsistent with applicable law; 47 (c) although a technical violation may exist or may have occurred, it is not of such a material nature as to be objectionable to a reasonable Person or to justify expending the Association’s resources; or (d) that it is not in the Association’s best interests, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action.

r to justify expending the Association’s resources; or (d) that it is not in the Association’s best interests, based upon hardship, expense, or other reasonable criteria, to pursue enforcement action.

A decision not to enforce a particular provision shall not prevent the As$q enforcing the same provision at a later time or prevent the enforcement of any othe restriction, or rule.

12.4 Attorneys’ Fees and Costs.

if the Association prevails in any action to enforce the Gov entitled to recover all costs, including, without limitation, attorrfe reasonably incurred in such action.

12.5 Ag (a) reement to Encourag Bound Parties. Declarant such Claim.

(b) grievance, or disp the rights, obligations, and duties of any Bound Party under the bcuments; or (iii) the design or construction of Improvements within the Property, other than matters of aesthetic judgment under Article 7 which shall not be subject to review.

48 (c) Exceptions. The following shall not be considered “Claims” unless all parties to the matter otherwise agree to submit the matter to the procedures set forth in Section 12.6: (i) any suit by the Association to. collect Assessments or other amounts due from any Owner; Community Wide Standard); (iii) | any suit that does not include neh defendant, if such suit asserts a Claim that would constitute a ca of the Governance Documents; (iv) any suit which affect who is not a Bound Party and who has nef in Section 12.6; (v) any suit a expire within 180 days of giving party or parties against whom % statute of limitations to comply otice. The Bound Party asserting a Claim (“Claimant”) against another dent”) shall give written notice (“Notice”) by mail or personal delivery to (i) the nature of the Claim, including the Persons involved and the Respondent's role in the Claim;

aimant”) against another dent”) shall give written notice (“Notice”) by mail or personal delivery to (i) the nature of the Claim, including the Persons involved and the Respondent's role in the Claim; (ii) the legal basis of the Claim (i.e., the specific authority out of which the Claim arises); 49 (iii) the Claimant’s proposed resolution or remedy; and (iv} the Claimant’s desire to meet with the Respondent to discuss, in good faith, ways to resolve the Claim.

(b) Negotiation. The Claimant and Respondent shall make every reasonable effort to meet in person and confer for the purpose of resolving the Claim b d faith shall have 30 additional days to submit the Claim to mediati providing dispute resolution services in the Frisco metropolitan present the mediator with a written summary of the Claim.

If the Claimant does not submit the Claim to not appear for and participate in the mediation w to have waived the Claim, and the Respondent impasse and the date that mediation to file suit or to initiate administrasi ettlement of the Claim through negotiation or mediation igned by the parties. If any party thereafter fails to abide by wen any other party may file suit or initiate administrative agreement without the need to comply again with the procedures ; h event, the party taking action to enforce the agreement or award be entitled to recover from the non-complying party (or if more than one rom all such parties in equal proportions) all costs incurred in the enforcing ard, including, without limitation, attorneys’ fees and court costs.

12.7 Initiation of Litigation by the Association. In addition to compliance with the foregoing alternative dispute resolution procedures if applicable, the Association shall not initiate

court costs.

12.7 Initiation of Litigation by the Association. In addition to compliance with the foregoing alternative dispute resolution procedures if applicable, the Association shall not initiate any judicial or administrative proceeding unless first approved by a vote of Owners entitled to cast 75% of the total votes in the Association, except that no such approval shall be required for actions or proceedings: 50 (a) initiated during the Development Period; {b) initiated to enforce the provisions of this Declaration, including collection of Assessments and foreclosure of liens; (c) initiated to challenge ad valorem taxation or condemnation proceedings; (d) initiated against any contractor, vendor, or supplier of god@ arising out of a contract for services or supplies; or (e) to defend claims filed against the Association or to asse proceedings instituted against it.

This Article 12 shall not be amended unless such an amor ; same percentage of votes necessary to institute judicial or admini Association as provided above, and (if) during the Development Peri ARTICLE 13 RIGHTS OF 13.1 Introduction. In order to enhahce purchase of his or her Lot, this Article 1 who make mortgage loans and for thé mortgage loans made by institutional holders and guarantors of first Mortgagé from the hesoclation to respond to or consent to any action shall be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within 60 days after the Mortgagee actually receives proper notice of the proposal by certified or registered mail, return receipt requested.

51 13.5 Amendment by Board. The purpose of this Article 13 is to facilitate financing of Lot purchases by compliance with secondary mortgage market requirements or standards.

return receipt requested.

51 13.5 Amendment by Board. The purpose of this Article 13 is to facilitate financing of Lot purchases by compliance with secondary mortgage market requirements or standards.

Should any institutional or governmental lender, purchaser, insurer or guarantor of residential mortgage loans, including, for example, Fannie Mae, Freddie Mac, the Department of Housing and Urban Development, or the Department of Veterans Affairs, hereafter eliminate, create, or otherwise revise any of their respective requirements to make, purchase, insure, or guarantee mortgage loans on Lots, the Board, without approval of the Owners or Mortgagees* me this Article 13 to comply with such revised requirements. Each Owner, by accepting and each Mortgagee, by accepting a Mortgage on a Lot, acknowledges and agree amendments and grants to the Board the authority to make changes to thisArt contemplated by this Section 13.5.

13.6 Construction of Article 13. Nothing contained int i reduce the percentage vote that must otherwise be obtained under t or Texas Law for any of the acts set out in this Article 13.

ARTICLE 14 DISCL UESTS AND INVITEES , HE SECURITY OF THEIR R DECLARANT SHALL IN ANY ITHIN THE COMMUNITY, NOR RYQAMAGE BY REASON OF FAILURE FO 14.1 Disclaimer Regarding Security, SHALL BE RESPONSIBLE FGR THEIR O .

PROPERTY IN THE COMMUNITY. NEI MES ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO LOTS QTS RESULTING FROM ACTS OF THIRD PARTIES.

or thin thee Other landscaping to preserve or restore views. The Association will have the right to add trees and other landscaping from time to time, subject to applicable law. There shall be no express or implied easements for view purposes or for the passage of light and air.

ll have the right to add trees and other landscaping from time to time, subject to applicable law. There shall be no express or implied easements for view purposes or for the passage of light and air.

14.3 PublicAccess. Streets within the Community may be public streets and, as a result, the general public may be able to gain access to Common Areas, including, but not limited to, 52 sidewalks, parks, trails and paths, and other neighborhood spots conducive to gathering and interaction. Other areas within the Community may also be open to the general public, including commercial areas, lakes, and rivers. The Association may, but shall have no obligation to, control public access or police Common Areas or other portions of the Community to identify and eject unauthorized Persons. Neither the Declarant nor the Association shall have any obligation to construct or install walls or fences or to implement any other measures in order to prevent or restrict entry by the general. public.

In addition, certain facilities and areas within the Community, including so which are part of the Common Area, may upon designation of the Declarant specifi Community.

14.4 Nonresidential and Neighboring Uses. The Communi uses in close proximity to residential Lots. By accepting title to ope Owner and occupant expressly assumes the risk of such Lo j noise, odors, and lights from the existence or operat providing service or supplies in connection with, . &xc, no réprgsentations are made pte Lot, each affic, parking, esponsibility of the Owner or de of the Community that could LIMITATION, INDIRECT, SPECIAL OR ANY NONRESIDENTIAL USE OR OTHER OBJECTIONABLE QMMUNITY. THE OWNER AGREES TO INDEMNIFY AND HOLD ARANT AFFILIATES AND AGENTS, AND THE ASSOCIATION

he Community that could LIMITATION, INDIRECT, SPECIAL OR ANY NONRESIDENTIAL USE OR OTHER OBJECTIONABLE QMMUNITY. THE OWNER AGREES TO INDEMNIFY AND HOLD ARANT AFFILIATES AND AGENTS, AND THE ASSOCIATION LAIMS BY OWNER’S VISITORS, TENANTS, AND OTHERS UPON SUCH gas in Master Plan. Each Owner acknowledges that Prairie View is a master the development of which is likely to extend over many years, and agrees challenge, of other form of objection to (a) changes in uses or density of property within the Community, or (b) changes in the development plan as it relates to property inside or outside of the Community, without the Declarant’s prior written consent.

a3 14.6 Water Management. Each Owner acknowledges and agrees that ponds, wetlands and other bodies of water within or adjacent to the Community, if any, are not necessarily designed as aesthetic features and due to fluctuations in water elevations within the immediate area, water levels will rise and fall and may be non-existent from time to time. Each Owner further acknowledges and agrees that neither the Declarant nor the Association has any obligation to control such elevations. Each Owner agrees to release and discharge the Declarant, its Affiliates and the Association from and against any and all losses, claims, demapOssdamages, casts, and expenses of whatever nature or kind, including reasonable attarney’s fee i costs at all tribunal levels, related to or arising out of any claim relating to the bodies of wate j fluctuations in water elevations. Owners shall not alter, modify, expand, or fi water or wetlands located within or in the vicinity of the Association witho approval of the Declarant and any local, state, or federal regulato may have relevant jurisdiction over such matters. uy

fi water or wetlands located within or in the vicinity of the Association witho approval of the Declarant and any local, state, or federal regulato may have relevant jurisdiction over such matters. uy walis, anchor or store boats or other watercraft, Ig within natural areas between the boundary pf disturbance buffer on any Lot, except as are advised that the water used to irrigate property within may be treated effluent, re-use water or “gray” water. Although @ for irrigation and limited contact, it is not suitable for human or ural Conditions. The Community contains a number of manmade, natural, and environmentally sensitive areas that may serve as habitats for variety of native plants and wildlife, including insects, venomous and non-venomous snakes and other reptiles, alligators, and other animals, some of which may pose hazards to Persons or pets coming in contact with them. Each Owner and occupant of a Lot and every Person entering the Community: (a) acknowledges that such plants and wildlife are indigenous to the area and are not restrained or 54 restricted in their movement within or throughout the Community; and (b) assumes all risk of personal injury arising from the presence of such plants and wildlife in the Community. Neither the Association, the Declarant, any Builder, nor the members, partners, affiliates, officers, directors agents or employees of any of them shall have any duty to take action to control, remove, or eradicate any plant or wildlife in the Community, nor shall they have any liability for any injury resulting from the presence, movement, or propagation of any plant or wildlife within the Community.

The natural areas described in this Section 14.9 may contain creeks, ponds, sthe

ity for any injury resulting from the presence, movement, or propagation of any plant or wildlife within the Community.

The natural areas described in this Section 14.9 may contain creeks, ponds, sthe other bodies of water or intermittent pools of water, muddy areas, and underbrush things, all of which are important to the ecological balance and maintenance wildlife habitat. No Owner or occupant of a Lot shall enter upon or digturb, of patmi or any other Person acting in their behalf to enter upon or distu ofp ipfag the Association’s or the Declarant’s prior written approval.

effective and remain in te Declaration shall be extended 15.1 Duration of the Declaration.

automatically for successive 10-year periddétypts one percent (51%) of the total number of votes of the Association, votMg in pe proxy at a meeting duly called for such purpose, sign and authorize the recOgdation N eCords a document terminating the Declaration, in which case the Declaration wilN%ermmmate on the date specified in the termination document.

15.2. Amendments.

acknowle@gemrént of Declarant included with the recorded amendment.

(c) Effective Date. All amendments to this Declaration will become effective when recorded in the Records unless otherwise specified in the amendment.

55 (d) Amendments to Other Governance Documents. With respect to each of the Governance Documents that do not specifically set forth a means for amendment, those Governance Documents may be amended (i) unilaterally by the Declarant until expiration or termination of the Development Period, and (ii) by a majority vote of the Board, provided, however, that during the Development Period any amendment by the Board will be void and unenforceable without the advance written consent of the Declarant.

) by a majority vote of the Board, provided, however, that during the Development Period any amendment by the Board will be void and unenforceable without the advance written consent of the Declarant.

15.3 Remedies; Cumulative. In the event any Lot does not comply herein or any Owner fails to comply with the terms herein, the Association and/or 3 will have each and all of the rights and remedies which may be provided for in the Documents and those which may be available at law or in equity, including, enforcement of any lien, damages, injunction, specific performanga, judg money and collection thereof, or for any combination of remedtee remedies herein provided or available at law or in equity will be dee any other such remedy, but instead shall be cumulative.

all of the Owners and their respective heirs, grantees and mortgagees. No Lot is exempt the acceptance of a deed conveying a Lg by and subject to all of the provisions o in said deed. Notwithstanding any prag shail not run with the land, but instead whole or in part, its rights that is recorded 15.7 Conflicts. If there are conflicts between any of the Governance Documents and Texas law, Texas law shall control. If there are conflicts between or among any of the Governance Documents, then the Declaration, the Certificate of Formation, Bylaws, Rules and Design Guidelines, in that order, shall control. If there is a conflict between the Governance Documents 56 and any additional covenants (or the rules or policies adopted pursuant to any addition covenants) recorded on any property within the Property after the date that property is made subject to this Declaration, then the Governance Documents shall control.

15.8 Severability. If any provision of this Declaration is held to be invalid by any court

fter the date that property is made subject to this Declaration, then the Governance Documents shall control.

15.8 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 provisjé to any other Person.

will be deemed to include the female or neuter gender, all singular words will j and all plural words will include the singular.

& 15.10 Acceptance by Grantees. Each grantee of Declara any interest or estate in the Property, a as though the provisions of this Declakg every deed of conveyance.

trust, mechanic’s lie interest agallist a 15.12 Notices. Any notice permitted or required to be given to any Person by this Declaration wilt be in writing and may be delivered either personally, by mail or electronically if permitted by law. If delivery is made by mail, it will be deemed to have been delivered on the third (3") business day (other than a Sunday or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to the Person at the address a7 given by such Person to the Association for the purpose of service of notices. Such address may be changed from time to time by notice in writing given by such Person to the Association.

Personai and electronic delivery shall be deemed delivered upon receipt. Owners shall be responsible for updating email addresses and other forms of electronic addresses that may be used.

15.13 Enforcement and Nonwaiver.

for and injunctive relief against the breach of any provision hereof.

{b) Every act or omission whereby any ney

d other forms of electronic addresses that may be used.

15.13 Enforcement and Nonwaiver.

for and injunctive relief against the breach of any provision hereof.

{b) Every act or omission whereby any ney Documents is violated, in whole or in part, is hereby declared tobe enjoined or abated by any Owner (at such Owner’s own expense), Deca (c) Any violation of any federal, state, or pertaining to the ownership, occupancy, or use declared to be a violation of this Declaration and set forth herein.

(d) The failure to enfg time shall not constitute a waiver of t other provision of the Governance Docuy ; with all laws, rules, regulations and ordinances of all urisdiction over the Property or any part or aspect thereof or TF FORTH HEREIN, EACH OWNER (OTHER THAN DECLARANT) SHALL ARMLESS AND, UPON THE ELECTION OF THE INDEMNIFIED PARTY (AS HEREAFTER ED), DEFEND THE DECLARANT, THE ASSOCIATION, THE BOARD, THE ARC, AND EACH OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND ASSIGNS (EACH AN “INDEMNIFIED PARTY”) FROM AND AGAINST ANY AND ALL CAUSES OF ACTION (AS DEFINED IN SECTION 4.1(c}) ARISING FROM OR IN CONNECTION WITH (i) THE EXERCISE OR FAILURE TO EXERCISE, OR THE USE OR MISUSE, OF ANY SUCH OWNER’S RIGHTS 58 OR OBLIGATIONS CONTAINED IN THE GOVERNANCE DOCUMENTS, (ii) THE BREACH BY SUCH OWNER OF ANY PROVISION OF THE GOVERNANCE DOCUMENTS, (iii) ANY WORK OR CONSTRUCTION PERFORMED BY OR ON BEHALF OF SUCH OWNER, (iv) ANY INJURY OCCURRING ON THE OWNER’S LOT OR ANYWHERE WITHIN THE COMMUNITY TO THE EXTENT CAUSED BY SUCH OWNER OR ANY INVITEE OF SUCH OWNER, OR (v) THE NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR CRIMINAL ACTIVITY OF SUCH OWNER OR ANY INVITEE OF SUCH OWNER.

15.17 Injury to Person or Property. Neither the Association nor Declakgnt, ¥

CH OWNER, OR (v) THE NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR CRIMINAL ACTIVITY OF SUCH OWNER OR ANY INVITEE OF SUCH OWNER.

15.17 Injury to Person or Property. Neither the Association nor Declakgnt, ¥ respective affiliates, directors, officers, employees, representatives, or agents have obligation to any Owner or any Owner’ stenants, guests or invitees: (i) to supervise nvm security or nnateation to any such Person from harm or loss. By Owner agrees that the limitations set forth in this Section 15.

constitute a failure by the Association or Declarant to exercise reasoné [SIGNATURE PAGE FOLLOWS O IN WITNESS WHEREOF, Declarant has duly executed this Declaration on the day and year first above written, STATE OF “TEXAS } DECLARANT: Prairie View Partners, Ltd.

a Texas limited partnership By: T-M I/Prairie GP, L Any Ws Lhe yp ow Notary Public, State of _ “TEXAS aaa My commission expires: -l 60 JOINDER AND CONSENT OF MORTGAGEE The undersigned holder of that certain Deed of Trust and Security Agreement dated effective June 19, 2014 and recorded as Instrument No. 20140620000633840 in the Real Property Records of Collin County, Texas, executed by Prairie View Partners, Ltd. to Gary L. Tipton, Trustee, to secure a promissory note, of even date therewith payable to Inwood National Banka national banking association (the “Deed of Trust”), which Deed of Trust encumbers ¢ kcoperty described on Exhibit “A” of this Declaration, hereby joins in the execution of this Dedlarattgn of Covenants, Conditions and Restrictions for Prairie View (the “Declaration”) to evide instrument.

IN WITNESS WHEREOF, the undersigned joins in execution of wisbe STATE OF 2015, before me, the undersigned notary public,

tion”) to evide instrument.

IN WITNESS WHEREOF, the undersigned joins in execution of wisbe STATE OF 2015, before me, the undersigned notary public, proved to me_ through satisfactory 7 of Inwood National Bank, a national banking gid national banking association, for the purposes therein stated.

roan enerrOn | UO Pa t = Seat ot esas Notary Public, State of Comm, Expires 05-29-2016 My commission expires: 49 61 EXHIBIT A | Land Initially Submitted to the Declaration BEING a tract of land situated in the John H. Collins Survey, Abstract No. 219, City of Frisco, Collin County, Texas, and being a portion of a called 163.494 acre tract of land described in the deed to Prairie View Partners, L.T.D., recorded in Instrument No, 20060925001379440, Official Public Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a % inch iron rod with plastic cap stamped “JBI” found at the southeast corne 163.494 acre tract at the occupied southeast corner of said Abstract No. 219, common to the ot corner of the John W. Cox Survey, Abstract No. 160, common to the occupied sout Henry Slack Survey, Abstract No. 840, and at the northeast corner of a c described in the deed to First Texas Homes, Inc., recorded in Instrumen THENCE South 89°25’26” West, along the southerly li northerly line of said 32.340 acre tract and in Countwk 1349.94 feet a 5/8 inch iron rod with plastic cap itn@gs a yest corner of said 32.340 acre tract, common to the northeast corre A calles “6592 Tact of land described in the deed to The City of Frisco, Texas, recorded jh ¥ é a2 36, said Official Public Records, and continuing on said course and along the no ADI 59 acre tract a total distance of

ct of land described in the deed to The City of Frisco, Texas, recorded jh ¥ é a2 36, said Official Public Records, and continuing on said course and along the no ADI 59 acre tract a total distance of Creek Parkway, according to the right-of-ws d in Volume 4768, Page 3254, said Official Public Records, and at the southe 2 62.423 acre tract of land described in the deed to Hillcrest 306 Partners, JAP. ad in Ihe ent No. 20060808001130860, said Official Public Records; bed to Nowan Family LP, as recorded in Volume 4822, Page 1560, ears North 00°44’50” West a distance of 1192.97 feet; inch iron rodwith plastic cap stamped “KHA” set for corner; THENCE North 89°15'10" East, continuing across said 163.494 acre tract, a distance of 60.00 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; Exhibit A — Page 1 THENCE South 00°44’S0” East, continuing across said 163.494 acre tract, a distance of 3.50 feet to a5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 45°44'50" East, continuing across said 163.494 acre tract, a distance of 14.14 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 89°15'10" East, continuing across said 163.494 acre tract, a distance of 23 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 44°15'10" East, continuing across said 163.494 acre tract, a distance of Ye?

inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 0°44'50" West, cantinuing across said 163.494 acre trac 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 89°15'10” East, continuing across said 163.494 acre tr, 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 00°44’50” East, continuing across saig

et for corner; THENCE North 89°15'10” East, continuing across said 163.494 acre tr, 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 00°44’50” East, continuing across saig THENCE North 89°15’10” East, continuing a 5/8 inch iron rod with plastic cap stamped at the beginning of a non-tangent curve 09.00 feet, a chord bearing and distance of g across said 163.494 acre tract, a distance of 144.51 feet toa ap stamped “KHA” set for corner; 8 inchNcon rod wifh plpstic cap stamped “KHA” set for corner; " East, continuing across said 163.494 acre tract, a distance of 14.14 feet to a 5/8 THENCEXSouth 0°26'20 iif plastic cap stamped “KHA” set for corner; inch iron rot THENCE South 45°26'00" East, continuing across said 163.494 acre tract, a distance of 38.00 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; Exhibit A — Page 2 THENCE South 63°52‘06" East, continuing across said 163.494 acre tract, a distance of 15.81 feet to a5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 45°26'00" East, continuing across said 163.494 acre tract, a distance of 18.00 feet to a5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 26°59’54” East, continuing across said 163.494 acre tract, a distance of 15€ 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 45°26’00” East, continuing across said 163.494 acre tract, a distance of 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 44°34'00" West, continuing across said 163.494 acre ral gt 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 45°26’00” West, continuing across said 163.494 acre tre 5/8 inch iron rod with plastic cap stamped “KHA” set for corner;

t 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 45°26’00” West, continuing across said 163.494 acre tre 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 44°34'00" West, continuing 5/8 inch iron rod with plastic cap stamped the left having a central angle of 90°00'00 0°26'00" East, 56.57 feet; ing across said 163.494 acre tract, a distance of 72.01 feet ta a5/8 Stamped “KHA” set for corner at the beginning of a non-tangent curve to sf 5°08'11", a radius of 280.00 feet, a chord bearing and distance of at the end Ofsaiecurve; THENCE South 66°05'28" East, continuing across said 163.494 acre tract, a distance of 60.00 feet to a5/8 inch iron rod with plastic cap stamped “KHA” set for corner at the beginning of a non-tangent curve to Exhibit A — Page 3 the left having a central angle of 24°29'34", a radius of 220.00 feet, a chord bearing and distance of South 11°39'45" West, 93.33 feet; THENCE in a southwesterly direction, continuing across said 163.494 acre tract, with said curve to the left, an arc distance of 94.05 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner at the end of said curve; inch iron red with plastic cap stamped “KHA” set for corner for corner; THENCE North 89°24'58" East, continuing across said 163.494 acre tract, a distance of 5/8 inch iron rod with plastic cap stamped “KHA” set for corner at the beginning of 4 to the right having a central angle of 32°48'35", a radius of 259.00 feet, rd bedri North 28°09'43" East, 146.29 feet; “4 THENCE in a northeasterly direction, continuing across said 163.494 acre tra right, an arc distance of 148.31 feet to a 5/8 inch iron red with plasti at the end of said curve;

3" East, 146.29 feet; “4 THENCE in a northeasterly direction, continuing across said 163.494 acre tra right, an arc distance of 148.31 feet to a 5/8 inch iron red with plasti at the end of said curve; THENCE North 44°34'00" East, continuing across said istance of 18.75 feet to a 5/8 THENCE in a northwesterly direction, contihwing a 3 63.494 acre tract, a distance of 62.83 feet to a 5/8 inch iron rod with plastic cap stam fer at the end of said curve; fagaped “KHA” set for corner at the beginning of a tangent curve to gf 5°49'59", a radius of 191.00 feet, a chord bearing and distance of South THENCE South 51°15'59" East, continuing across said 163.494 acre tract, a distance of 46.75 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner for corner; Exhibit A ~ Page 4 THENCE North 59°23'05" East, continuing across said 163.494 acre tract, a distance of 16.03 feet to a S/8 inch iron rod with plastic cap stamped “KHA” set for corner at the beginning of a non-tangent curve to the right having a central angle of 2°12'43", a radius of 380.00 feet, a chord bearing and distance of North 43°27'38" East, 14.67 feet; THENCE in a northeasterly direction, continuing across said 163.494 acre tract, with said curve to the right, an arc distance of 14.67 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set,for corner at the end of said curve; THENCE North 44°34'00" East, continuing across said 163.494 acre tract, a distance of 79.10 fer inch iron rod with plastic cap stamped “KHA” set for corner for corner; THENCE North 00°26'00” West, continuing across said 163.494 acre tract adistancé off14. 7% 5/8 inch iron rod with plastic cap stamped “KHA” set for corner for nny

mped “KHA” set for corner for corner; THENCE North 00°26'00” West, continuing across said 163.494 acre tract adistancé off14. 7% 5/8 inch iron rod with plastic cap stamped “KHA” set for corner for nny THENCE North 44°34’00” East, continuing across said 163.494 acre tract, a dita 5/8 inch iron rod set for corner; THENCE North 89°34’00” East, continuing across said 163.494 acre 5/8 inch iron rod with plastic cap stamped “KHA” set oe THENCE South 45°26'00" East, continuing across inch iron rod with plastic cap stamped “KHA” set THENCE South 0°26'00" East, continuing ac inch iron rod with plastic cap stamped “KH THENCE South 63°52'06" East, co inch iron rod with plastic cap sta atross said 163.494 acre tract, a distance of 17.18 feet to a 5/8 KKHA” set for corner at the beginning of a tangent curve to the iréction, continuing across said 163.494 acre tract, with said curve to the 81.77 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner THENCE he39"32'10" East, continuing across said 163.494 acre tract, a distance of 268.46 feet toa 5/8 inch iron rad set for corner at the beginning of a tangent curve to the left having a central angle of 90°00’00", a radius of 40.00 feet, a chord bearing and distance of North 44°32’10” East, 56.57 feet; Exhibit A — Page 5 THENCE in a northeasterly direction, continuing across said 163.494 acre tract, with said curve to the left, an arc distance of 62.38 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner at the end of said curve; THENCE North 00°27’50” West, continuing across said 163.494 acre tract, a distance of 5.00 feet to a 5/8 inch iron rod set for corner; North 00°27'50" West a distance of 89.48 feet; 5. | cre tr THENCE South 00°27’50” East along the easterly line of said 163.494 a

e tract, a distance of 5.00 feet to a 5/8 inch iron rod set for corner; North 00°27'50" West a distance of 89.48 feet; 5. | cre tr THENCE South 00°27’50” East along the easterly line of said 163.494 a line of said remainder of a called 100.737 acre tract, and in County Road No. ¥ 891.96 feet to the PLACE OF BEGINNING, and enclosing 66.268 acre more or less.

Exhibit A — Page 6 EXHIBIT B Land Subject to Annexation [NOTE TO TITLE EXAMINERS: Exhibit B Land (except for any portion thereof that is described on Exhibit A) is not encumbered by the Declaration until made subject to the Declaration pursuant to Section 10.2 or Section 10.3 hereof.] Partners, L.T.D., recorded in Instrument No. 20060925001379440, Offia County, Texas, and being all of a called 153.494 acre tract of land ome in the deed ta f County, Texas, and being more particularly described by metes and bounds BEGINNING at a % inch iron rod with plastic cap stamped “JBI” found Henry Slack Survey, Abstract No. 840, and at the described in the deed to First Texas Homes, Inc., W153.494 acre tract and along the o. 23, passing en route at a distance of and continuing on said f-way dedication recorded in Volume 4768, Page 3254, said ’ West along the westerly line of said 153,494 acre tract and along the easterly e tract, a distance of 2667.89 feet to a % inch iron rod with plastic cap stamped southerly lrepfe called 124.8 acre tract of land described as Tract One in the deed to Vowan Family LP, as recorded in Volume 4822, Page 1560, said Official Public Records; Exhibit B — Page 1 THENCE North 89°47’07” East along the northerly line of said 153.494 acre tract, and along the southerly

ily LP, as recorded in Volume 4822, Page 1560, said Official Public Records; Exhibit B — Page 1 THENCE North 89°47’07” East along the northerly line of said 153.494 acre tract, and along the southerly line of said 124.8 acre tract part of the way, and continuing on said course and along the southerly line of a called 6 acre tract described as Tract Two in the deed to Vowan Family LP, as recorded in Volume 4822, Page 1560, said Official Public Records, a total distance of 2684.79 feet to a % inch iron rod found for corner at the northeast corner of said 153.494 acre tract and in the westerly line of a called 73.385 acre tract of land described in the deed to First Texas Homes, Inc., recorded in Instrument No.

20121105001411010, said Official Public Records, and in County Road No. 71; THENCE South 00°27'50” East along the easterly line of said 153.494 acre tract, and along fhe line of said 73.385 acre tract, and in County Road No. 71, passing en route at a distance of 1669 a 5/8 inch iron rod with plastic cap stamped “CARTER BURGESS” found for witness at the-wt southwest corner of said 73.385 acre tract, and continuing along the westerly line of called 100.737 acre tract a total distance of 2650,94 feet to the PLACE O NNI 163.506 acres (7,122,301 square feet) of land, more or less, SAVE AND gD 2 land.

BEING a tract of land situated in the John H, Collins Survey, Abstract Net corner of the John W. Cox Survey, Abstra Henry Slack Survey, Abstract No. 840, and iff County Road No. 23, passing en route at a distance of Plastic cap found for witness at the northwest corner of said Public Rectrds: THENCE North 00°44’50” West along the westerly line of said 163.494 acre tract and along the easterly

ute at a distance of Plastic cap found for witness at the northwest corner of said Public Rectrds: THENCE North 00°44’50” West along the westerly line of said 163.494 acre tract and along the easterly line of said 162.423 acre tract, a distance of 1414.92 feet toa 5/8 inch iron rod with plastic cap stamped Exhibit B — Page 2 “KHA” set for corner, from which a % inch iron rod with plastic cap stamped “JE SMITH 3700” found at the northwest corner of said 163.494 acre tract, and in the southerly line of a called 124.8 acre tract of land described as Tract One in the deed to Vowan Family LP, as recorded in Volume 4822, Page 1560, said Official Public Records, bears North 00°44’'50” West a distance of 1192.97 feet; THENCE North 89°15'10" East, departing the westerly line of said 163.494 acre tract, a distance of 125.00 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 00°44’S0” East, continuing across said 163.494 acre tract, ad inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 45°44'50” East, continuing across said 163.494 acre inch iron rod with plastic cap stamped “KHA” set for A THENCE North 89° 1S" 10" East, continuing across gid 263494 2 said 163.494 acre tract, a distance of 60.00 feet to a et for corner; THENCE in a southeasterly direction, continuing across said 163.494 acre tract, with said curve to the right, an are distance of 514.49 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner Exhibit B — Page 3 at the end of said curve; THENCE Sauth 45°26'00" East, continuing across said 163.494 acre tract, a distance of 144.51 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner;

Page 3 at the end of said curve; THENCE Sauth 45°26'00" East, continuing across said 163.494 acre tract, a distance of 144.51 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 44°34'00" West, continuing across said 163.494 acre tract, a distance of 126.49 feet ta a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 0°26'00" East, continuing across said 163.494 acre tract, a distance of 14.14 ¥e inch iron rod with plastic cap stamped “KHA” set for corner; inch iron rod with plastic cap stamped “KHA” set for comer; THENCE South 63°52'06" East, continuing across said 163.494 acre tract, a di inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 45°26'00" East, continuing across said 163.494 acre inch iron rod with plastic cap stamped “KHA” set for oe THENCE South 26°59’54” East, continuing across 34i Pracross said 163.494 acre tract, a distance of 15.81 feet to a aed “KHA” set for corner; , istante of 62.83 feet to a 5/8 inch iron red with nlastic cap stamped “KHA” set for corner at the end of said curve; THENCE South 45°26'00" East, continuing across said 163.494 acre tract, a distance of 448.16 feet toa Exhibit B — Page 4 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE South 87°35'25" East, continuing across said 163.494 acre tract, a distance of 72.01 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner at the beginning of a non-tangent curve to the right having a central angle of 5°08'11", a radius of 280.00 feet, a chard bearing and distance of North 21°20'26" East, 25.09 feet; THENCE in a northeasterly direction, continuing across said 163.494 acre tract, with said

angle of 5°08'11", a radius of 280.00 feet, a chard bearing and distance of North 21°20'26" East, 25.09 feet; THENCE in a northeasterly direction, continuing across said 163.494 acre tract, with said right, an are distance of 25.10 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” se at the end of said curve; inch iron rod with plastic cap stamped “KHA” set for corner at the beginn?

the left having a central angle of 24°29'34", a radius of 220.00 feet, ac South 11°39'45" West, 93.33 feet; THENCE in a southwesterly direction, continuing across said 163.494 left, an arc distance of 94.05 feet to a5/8 inch iron rod with plasti the end of said curve; cape THENCE North 89°24'S8" East, continuing & 5/8 inch iron rod with plastic cap stamped to the right having a central angle of 32°48 North 28°09'43" East, 146.29 feet; inch iron re plastic cap stamped “KHA” set for corner; THENCE North 44°34’00” East, continuing across said 163.494 acre tract, a distance of 18.00 feet toa 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; Exhibit B — Page 5 THENCE South 45°26'00" East, continuing across said 163.494 acre tract, a distance of 108.27 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner at the beginning of a tangent curve to the left having a central angle of 5°49'59", a radius of 191.00 feet, a chord bearing and distance of South 48°21'00" East, 19.44 feet; THENCE in a southeasterly direction, continuing across said 163.494 acre tract, with said cugye to the left, an arc distance of 19.44 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” s the end of said curve; THENCE South 51°15'59" East, continuing across said 163.494 acre tract, a distance of 46% inch iron rod with plastic cap stamped “KHA” set for corner for corner;

stamped “KHA” s the end of said curve; THENCE South 51°15'59" East, continuing across said 163.494 acre tract, a distance of 46% inch iron rod with plastic cap stamped “KHA” set for corner for corner; THENCE North 59°23'05" East, continuing across said 163.494 acre tra inch iron rod with plastic cap stamped “KHA” set for corner at the beginning/f a the right having a central angle of 2°12'43", a radius of 380.00 feet, a chord Bea North 43°27'38" East, 14.67 feet; h sai curve to the "KHA” set for corner THENCE in a northeasterly direction, continuing across right, an arc distance of 14.67 feet to a 5/8 inch iro at the end of said curve; THENCE North 44°34'00" East, continuing a inch iron rod with plastic cap stamped “K ing across said 163.494 acre tract, a distance of 60.00 feet to a 5/8 KHA” set for corner; THENCE South 63°52'06" East, continuing across said 163.494 acre tract, a distance of 15.81 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; Exhibit B — Page 6 THENCE North 44°34'00" East, continuing across said 163.494 acre tract, a distance of 17.18 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner at the beginning of a tangent curve to the right having a central angle of 44°58'10", a radius of 359.00 feet, a chord bearing and distance of North 67°03 '05" East, 274.59 feet; THENCE in a northeasterly direction, continuing across said 163.494 acre tract, with said curve to the right, an arc distance of 281.77 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” sek for corner at the end of said curve; THENCE North 89°32'10" East, continuing across said 163.494 acre tract, a distance of 268.46 f& 5/8 inch iron rod set for corner at the beginning of a tangent curve to the left having a cg

said curve; THENCE North 89°32'10" East, continuing across said 163.494 acre tract, a distance of 268.46 f& 5/8 inch iron rod set for corner at the beginning of a tangent curve to the left having a cg 90°00’00", a radius of 40.00 feet, a chord bearing and distance of North 44°32’10” Eaéi THENCE in a northeasterly direction, continuing across said 163.494 ac left, an arc distance of 62.38 feet to a 5/8 inch iron rod with plastic cap sta the end of said curve; inch iron rod set for corner; THENCE North 89°32'10" East, continuing across $¢ 5/8 inch iron rod with plastic cap stamped “KHA” astarly line of said 163.494 acre ¢ tract of land described in the deed to Frisco Westridge Investment Partners, Records, and in County Road No. 72, from Whi é orner of said 100.737 acre tract bears THENCE South 00°27’50” East along line of said remainder of a called 891.96 feet to the PLACE OF BEGI more or less.

Leaving a net area o Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 09/24/2015 01:25:26 PM $338.00 DLAIRD 20150924001214850 ee ee Exhibit B — Page 7