Document

D224179982 10/08/2024 11:35 AM Page: 1 of 40 Fee: $176.00 Submitter: Hoover Slovacek Electronically Recorded by Tarrant County Clerk in Official Public Records : ‘ MARY LOUISE NICHOLSON COUNTY CLERK 4880-SS46-3 708 D224179982 Table of Contents Page 2 of 40 B.

ARTICLE I DEFINITIONS A.

"Architectural Control Committee" or "Committee" "Association" C.

"Common Facilities" D.

"Common Properties".

E.

"Declarant" F.

"Development Period" G.

"Lot" and/or "Lots".

H.

"Member" and/or "Members".

1.

"Owner" J.

"Properties".

Κ.

"Rules and Regulations".

L.

"Subdivision".

Μ. "Subdivision Plat".

Ν.

"Supplemental Declaration" ARTICLE II - RESERVATIONS, EXCEPTIONS AND DEDICATIONS ARTICLE III – ARCHITECTURAL CONTROL COMMITTEE ARTICLE IV - USE OF LOTS.

6 A.

Buildings..

6 B.

Accessory Buildings 6 C.

Prohibited Activities 7 D.

Temporary Structures.

.8 Ε.

Signage.

8 F.

Oil and Mining Activity.

.8 G.

Mailboxes.

8 H. Exterior Lighting 8 1.

Sound 8 J.

Window Treatment 8 Κ.

Air Conditioners...

8 L.

8 Tents, Mobile Homes and Temporary Structures.

.9 Drainage and Septic Systems.

9 Sight Distance at Intersections.

9 Artificial Vegetation, Exterior Sculpture and Similar Items 9 Playgrounds and Decks.

9 R Walls, Fences and Hedges 10 S.

Exterior Paint 10 T.

Minimum Lot Areas.

10 U. Composite Building Site 10 V.

Development Period.

11 W.

Occupants Bound Unofficial Copy 2 2 3 3 .........

4 4880-5546-5708 i D224179982 Page 3 of 40 Χ.

Quiet Enjoyment Y.

Garage Sales..

Z.

Unsightly or Unkempt Conditions AA.

Leasing of Lots BB.

Laws and Ordinances CC.

Subdivision of Lots DD.

Parking and Prohibited Vehicles.

ΕΕ.

No Hazardous Activities FF.

GG.

HH.

П.

JJ.

KK.

LL.

Animals On-Site Fuel Storage..

Removal of Trash and Debris During Construction Excavation and Tree Removal Damage or Destruction of Improvements.

ΕΕ.

No Hazardous Activities FF.

GG.

HH.

П.

JJ.

KK.

LL.

Animals On-Site Fuel Storage..

Removal of Trash and Debris During Construction Excavation and Tree Removal Damage or Destruction of Improvements.

Restrictions on Garbage and Trash.

Clothes Drying.

MM. Storage NN. Pergolas and Arbors.

00. Rooftop Antenna, Satellite Dishes and Accessory PP. Antenna and Satellite Dishes ARTICLE V - LOCATION OF IMPROVEMENTS.

A.

Dwellings Copy 11 12 12 12 12 13 13 3 15 15 15 15 15 16 16 16 B.

Garages and Driveways 16 C.

Other Structures 17 D.

Minimum Square Footage within Improvements 18 Ε.

Building Material 18 F.

Roofing Material 18 G.

Fences 18 H.

Party Fences and Walls arty Retaining 19 1.

Trees...

.20 J.

Lot Grading and Drainage 20 Κ.

Visual Obstructions at the Intersections of Public Streets 20 L.

Antennas and Dish-Type Devices.

20 Μ.

Utility Easements.

22 Ν.

Underground Electric Distribution System....

22 Ο.

Lot Maintenance and Maintenance of Improvements 23 Grass, Shrubbery and Landscaping.

.23 Enforcement of Owner's Responsibilities 23 ARTICLE VI - COMMUNITY MAINTENANCE Assessments A.

B.

-Special Assessments C.

Capitalization Fees.

D.

Enforcement E.

Expenditures 4880-5546-5708 ii .24 24 .25 .26 .26 .28 D224179982 Page 4 of 40 ARTICLE IX – SEVERABILITY ARTICLE X - AMENDMENT TO THIS DECLARATION..

ARTICLE XI - ADJACENT PROPERTY ARTICLE XII - NO PARTITION ARTICLE XIII – MISCELLANEOUS.

A.

Security B.

Additional Restrictions C.

Delay in Enforcement D.

Violations of Law Ε.

Governing Law and Notice F.

Management Office G.

Unofficial Copy ARTICLE VII - THE ASSOCIATION.

.28 A.

Membership .28 B.

Voting Class..

.29 C.

Authority 29 D.

Indemnification 30 Ε.

Limitation on Liability 31 F.

Reimbursement of Declarant G.

Power to Grant Easements H.

Inspection of Records 1.

N.

.28 A.

Membership .28 B.

Voting Class..

.29 C.

Authority 29 D.

Indemnification 30 Ε.

Limitation on Liability 31 F.

Reimbursement of Declarant G.

Power to Grant Easements H.

Inspection of Records 1.

Additional Powers of the Association ARTICLE VIII – ENFORCEMENT .33 33 ..34 .34 .34 .35 35 35 .35 .35 .35 iii 4880-5546-5708 D224179982 ROCKY CREEK CROSSING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § Benjamin Thomas Survey, Abstract No. 1496, City of Fort Worth, Tarrant County has been subdivided into that certain subdivision known as ROCKY CREE aSements to apply ct or deed which may be held subject to the diess of whether said erred to or not in said impose the following reservations, restrictions, agreements, uniformly to the use, occupancy and conveyance of all Lots a be hereafter executed as to any Lots in the Subdivision. Suc following reservations, restrictions, covenants ar reservations, restrictions, covenants and easements contract or deed.

A. “Architectural Committee provided for in A B. “Associa Association, a Texas non hereof.

n and refer to Rocky Creek Crossing Homeowners poration, its successors and assigns, provided for in Article VII acilities” shall mean and refer to all existing and subsequently ) or within the Common Properties, for the use and benefit of all except those as may be expressly excluded. By way of illustration, gy include, but not be necessarily be limited to the following: structures for C.

D. “Common Properties” shall mean and refer to the “Reserves” as shown on the Subdivision Plat, together with such other property as the Association may, at any time or from

llowing: structures for C.

D. “Common Properties” shall mean and refer to the “Reserves” as shown on the Subdivision Plat, together with such other property as the Association may, at any time or from time to time, acquire by purchase or otherwise, subject, however, to the easements, limitations.

restrictions, dedications and reservations applicable thereto by virtue of prior grants or dedications ] 4S880-5346-5708 Page 5 of 40 D224179982 Page 6 of 40 by Declarant, Declarant’s predecessors in title or those from whom the property is purchased.

References herein to “the Common Properties in the Subdivision” shall mean and refer to Common Properties as defined respectively in this Declaration and all Supplemental Declarations.

E. “Declarant” shall mean and refer to Rocky Creek Crossing, Ltd., a Texas limited partnership, its successors and assigns.

F. “Development Period” shall mean and refer to the period of time during ¥ the Declarant reserves the right to facilitate the development, construction, and marketifip Properties and the right to direct the size, shape, an composition of the Properties; whi County, Texas, and shall terminate on the earlier of: (i) the date on which const family home on each Lot within the Subdivision has been completed and the-si is occupied; or (ii) such earlier date as may be established by Declarant recorded by Declarant in the Real Property Records of Tarrant Cg G. “Lot” and/or “Lots” shall mean and refer to tl upon the Subdivision Plat. Reference herein to “the Lots in the Subdivision” shal respectively in this Declaration and all Supplemental Subdivision who are members of the rage Declarations.

L “Owner” shall mean and record Owner, whether one or more persons

in the Subdivision” shal respectively in this Declaration and all Supplemental Subdivision who are members of the rage Declarations.

L “Owner” shall mean and record Owner, whether one or more persons or entities, of fee simple title to at p part of the Properties, including contract sellers, but excluding those having as security for the performance of an obligation and those having only an, al estate. References herein to the “Owners in the ners as defined respectively in this Declaration and all covered by this De nd any additional properties which may hereafter be brought within the scheme o j “Subdivision” shall mean and refer to the Properties and any additional properties which may hereafter be brought within the scheme of this Declaration pursuant to the provisions set forth herein and hereafter brought within the jurisdictions of the Association.

tN 4880-3546-5708 D224179982 M. “Subdivision Plat” shall mean and refer to the map or plat of Rocky Creek, a subdivision in Tarrant County, Texas, recorded under County Instrument No. D224141496 in the Plat Records of Tarrant County, Texas, and any recorded replat thereof.

N. “Supplemental Declaration” shall mean and refer to any Supplemental Declaration of Covenants, Conditions and Restrictions bringing additional property within the scheme of this Declaration under the authority provided in Article XI. Provisions set forth inx“all (any) Supplemental Declarations” shall be deemed to relate to the respective properties c by such Supplemental Declarations.

ARTICLE It RESERVATIONS, EXCEPTIONS AND DEDICATIONS A. The Subdivision Plat dedicates for use as such, subject to therein, the streets and easements shown thereon. The Subdivisig al as incorporated rued as being adopted

IONS, EXCEPTIONS AND DEDICATIONS A. The Subdivision Plat dedicates for use as such, subject to therein, the streets and easements shown thereon. The Subdivisig al as incorporated rued as being adopted lines, and all dedications, limitations, restrictions shown on herein and made a part hereof as if fully set forth herein, and in each and every contract, deed or conveyance exeguited or Declarant, conveying said property or any part there ‘ not.

B. “way as shown on the Subdivision pairing system or systems of electric nes, gas, cable television, sewers, or any /or under the Properties.

GC. r : 9 make changes in and additions to the above easements for the purpos i and economically installing the improvements.

D. any utility company using the easements herein referred to, shall be liable for any dana by them or their assigns, their agents, employees or servants to fences, shrubbery vers or other property of the Owner situated on the land covered by said easements amgdWwithin the Properties by contract, deed or other conveyance shall be subject easement affecting same for roadways or drainage, water, gas, cable television, ctric light, electric power, telegraph, telephone or other utility purposes and shall y no interest in any pipes, lines, poles or conduits, or in any utility facility or Agents through, along or upon the premises affected thereby, or any part thereof. to serve said land or any other portion of the Properties and (2) the right of Declarant, its successors and assigns. to maintain repair, sell or lease such easements to any municipality. or other governmental agency or to any public service corporation or to any other party (and such right is hereby expressly reserved).

4880-5546-3708 Page 7 of 40 D224179982 Page 8 of 40 ARTICLE I

ty. or other governmental agency or to any public service corporation or to any other party (and such right is hereby expressly reserved).

4880-5546-3708 Page 7 of 40 D224179982 Page 8 of 40 ARTICLE I ARCHITECTURAL CONTROL COMMITTEE A. Construction plans, specifications and a plot plan showing the location of any structure or improvements, landscaping, easements, and building lines must have been submitted to and approved by the Committee, its successors or assigns, as to compliance with these restrictions, as to quality of material, harmony of external design with existing and proposed structures and as to location with respect to topography and finish grade elevation befor building or improvements of any character shall be erected or placed, or the erection beg e hereby agrees to afions of structures, assign its rights to approve or disapprove plans and specifi construction contracts, permitted deviations and all oft ‘ submitted to it, to the Committee created by and contfellet\by the Association, or its designees, when One Hundred Percent (100%) of all of the Lots inthe Subdivision are occupied by residents.

after receipt of the required documents, the ang and specifications submitted, approval shall idgment, such deviations will result in a more sole discretion, is hereby permitted to approve C. In the event that within thi Committee fails to approve or disappy be deemed denied. In nia commonly beneficial use, deviations in building lgty herein expressly autho writing, and recorded ir Re operly Records of Tarrant County, Texas, and when given, will become a part of thesere i any other p é responsibility fot, at be construed as any representation by the Committee as to, or or quality of the improvements or the ultimate construction thereof.

will become a part of thesere i any other p é responsibility fot, at be construed as any representation by the Committee as to, or or quality of the improvements or the ultimate construction thereof.

e Association (the “Board”), in its sole discretion, is hereby authorized imited to, house elevations, landscaping, sidewalk construction, garage eyior materials and colors, roofing and prading.

Notwithstanding anything contained in this Declaration to the contrary, the pts of the Committee shall be entitled to reimbursement by the Association for reasonable expenses incurred by them in the performance of their duties hereunder as the Board from time to time may authorize or approve. It is understood that the Committee may delegate all or part of its authority hereunder to review the documents submitted to it and that the Committee may retain the services of architects, engineers and others (and the Owner making application shall pay all fees for such services) from time to time for the purpose of reviewing such documents and making recommendations as to approval, disapproval or modification thereof. In addition, the Committec 4 AS880-5346-5 708 D224179982 Page 9 of 40 may charge and collect a fee for processing an application submitted to the Committee for approval in an amount to be determined by the Board in its sole discretion. The Committee may also charge and collect such other fees or deposits as the Board may determine are reasonable and necessary.

All fees and deposits are subject to change by the Board without prior notice.

E. After approval of any proposed improvement to a Lot, the proposed improvement shall be accomplished as promptly and diligently as possible and in strict conformity withJhe

ard without prior notice.

E. After approval of any proposed improvement to a Lot, the proposed improvement shall be accomplished as promptly and diligently as possible and in strict conformity withJhe description of the proposed improvement in the materials submitted to the Committec. Fail complete the proposed improvement within three (3) months after the date of approvg other period of time as shall have been designated in writing by the Committee (unless a F. The Committee or its duly authorized represents G. If. as a result of inspections or-6ther improvement has been constructed or unde i or has been completed other than in strict by the Owner to the Committee, or has not the date of approval by the Committee noncompliance (“Notice of N particulars of the noncomplié ompliance (including, if applicable, completion of the improvement in board elects to take any action with respect to such violation, the Owner shall Onstitute a Charge as set forth in Article VI hercof. The permissive (but not ight of the Association to remedy or remove any noncompliance (it being understood ; er may require the Association to take such action) shall be in addition to all other rights-and remedies that the Association may have at law, in equity, under this Declaration, or otherwise.

4880-3 6-3 708 D224179982 1. No action or failure to act by the Committee shall constitute a waiver or estoppel with respect to future action by the Committee or the Board, with respect to any improvement.

Specifically, the approval by the Committee of any improvement shall not be deemed a waiver of any right or an estoppel against withholding approval or consent for any similar improvement or any similar proposals, plans, specifications, or other materials submitted with respect to any other

of any right or an estoppel against withholding approval or consent for any similar improvement or any similar proposals, plans, specifications, or other materials submitted with respect to any other Improvement by such Owner or otherwise.

the improvement from the standpoint of safety, whether structural or otherwise with building codes, or other governmental laws or regulations. Furthermore.

Board may temporarily he construction is taking ided, however, that during the course ult in a violation of any of the or that will constitute a nuisance place to the extent necessary to permit such constructions of any such construction, nothing shall be done e designed by a registered architect or a member in ; ilding Design or Texas Institute of Building Design. No 'y residential dwelling (a “Dwelling”), shall be croatia elling is not to exceed two (2) visible stories in height with a bri¢s not to exceed thirty feet (30') in height and may include a private 2) nor more than four (4) automobiles. The Committee may allow, -Dwelling to be of two and one-half stories, provided that the additional a the street. Ifa Dwelling is to be constructed upon a Lot along with portions Accessory Buildings. The Committee may also allow at its sole discretion, an accéssery building (“Accessory Building”) to be constructed on a Lot in addition to a Dwelling.

provided the Accessory Building has a maximum height from the ground to the top of the roof lines of eight (8°) feet and satisfies the requirements herein expressed for Accessory Buildings.

Any Accessory Building shall adhere to building line requirements and shall be placed behind the primary Dwelling on the Lot. Accessory Buildings shall also comply with the Building Materials 6 4880-3546-3708 Page 10 of 40 D224179982

re to building line requirements and shall be placed behind the primary Dwelling on the Lot. Accessory Buildings shall also comply with the Building Materials 6 4880-3546-3708 Page 10 of 40 D224179982 provisions of this document. The construction of any Accessory Building upon a Lot may not begin until the construction of the main Dwelling unit upon the Lot has begun and, in all circumstances, the main Dwelling unit must be completed and a certificate of occupancy granted by the appropriate governmental agency prior to the substantial completion of any Accessory Building upon the Lot.

Cc. Prohibited Activities. Except as herein referred to, no activity, whether or not,for profit, which is not related to single family residential purposes, shall be performed on any No noxious or offensive activity shall be permitted upon any Lot, nor shall anything be-d any Lot which may be or become an annoyance or nuisance to the neighborhood. No or firearms shall at any time be discharged in the Subdivision. As long as it owns the Subdivision, the Declarant may maintain in or upon such portions of the Declarant determines, such facilities as in its sole discretion may be nece including but not limited to, offices, sales offices, storage areas and sign A te phavisions of this section, real estate offices, builders’ sales offices, constru e pisiness offices, residential sales company offices and real estate brokers; pS ardgpecifigally prohibited without the express written consent of the Declarant.

As used herein, the term “single family r specifically prohibit, by way of illustration but witho apartment, a garage apartment or any other apartme business, educational, church, professional or other an Owner may use his residence as a personal o

ically prohibit, by way of illustration but witho apartment, a garage apartment or any other apartme business, educational, church, professional or other an Owner may use his residence as a personal o the palilis is not invited, permitted, or ce ¢ Witation. thee of any Lot for a duplex for any naulikeanidy 1 use or for any pedy or governmental agency having authority and poses of these restrictions, a single family residential ~Wieir children (including foster children and wards). their dependent brothe their dependent parents, their dependent grandparents, and domestic servants © more than two unrelated persons living together as a single housekeepin wr children (including foster children and wards), their dependent e-dependent parents, their dependent grandparents, and their domestic all be deemed to be a dependent hereunder only if they are considered to be é for an exemption with regard to federal income taxes, as a result of furnishing It is not the intent of this Declaration to exclude from a Dwelling unit any individual provision in this Declaration, is in violation of any law. then this Section shall be interpreted to be as restrictive as possible to preserve as much of the original section as allowed by law.

ASS0-3546-3708 Page 11 of 40 D224179982 D. Temporary Structures. Except as expressly provided in this Declaration, no structure of a temporary character, trailer, tent, shack, barn, garage or other out-building shall be used on any Lot at any time as a residence temporarily or permanently, nor shall any temporary residence or other temporary structure be moved onto any Lot.

E. Signage. Other than school spirit signs, alarm security signs and signs advertising the property for lease or rent as set forth below, signs of any kind shall not be displayed tg,the

onto any Lot.

E. Signage. Other than school spirit signs, alarm security signs and signs advertising the property for lease or rent as set forth below, signs of any kind shall not be displayed tg,the public view on any Lot except one (1) sign per Lot of not more than five (5) square feet adver{ the property for sale and except signs used by the Declarant and by the original builders spirit signs and alarm security signs will be allowed as long as they are number, as determined by the Board, in its sole discretion. One for lease or rent will be allowed to be placed in a window 9 mitted uporrGr in any Lot, nor shall any ; jtted upon or in any Lot or Common Properties of the Subdivision. Derricks or other natural gas shall not be erected, maintainegsor pe Dpowany Lot or Common Properties of the Subdivision. With respect to all mit G.

Lot or improy stereos, or otind level is maintained at a reasonably low level with respect to adjoining indow Treatment. No window in any Dwelling unit or other improvement that any other Lot or a street may be covered with any aluminum foil or other reflective Window coverings must be installed pursuant to the Rules and Regulations.

K. Air Conditioners. No window, roof or wall-type air conditioner are allowed.

L. Pools. Portable or permanent above ground swimming pools are prohibited.

Smaller prefabricated installed above ground, spas or hot tubs are acceptable. Above ground spas 8 48S0-S346-57U8 Page 12 of 40 D224179982 or hot tubs, visible from public view or from other Lots must be skirted, decked, screened or landscaped to hide all plumbing, heaters, pumps, filter, etc. Swimming pool appurtenances such as rock waterfalls and sliding boards must not be over five feet (5°) in height. Skimmer nets, long

ed or landscaped to hide all plumbing, heaters, pumps, filter, etc. Swimming pool appurtenances such as rock waterfalls and sliding boards must not be over five feet (5°) in height. Skimmer nets, long handle brushes, pool chemicals, filters, pumps, heaters, plumbing, etc. must not be visible from public view. Pool walls shall not encroach on utility or drainage easements. If anything, including pool plumbing is required in utility easements, contact the Tarrant County, Texas, before conducting any work including digging. Wood or concrete pool decks, subject to approval of, the easement holder, may be placed on utility easements, but are subject to removal by companies or by the owner should the utility company require. Swimming pools, spas, or concrete pool decks may encroach over the building line. Swimming pool backwé drain water to the street. Swimming pool backwashes shall be tied directly to th¢ The foregoing prohibition shall not apply to restrict the conf 7 utility or similar outbuilding to be permanently located on a’ H it receives the prior iate, i i hereof. All permitted itioned On-the’Lot so as to not be visible er Lot. Materials, color and design . Inaddition, party tents or similar from the fronting street and/or side street in the event o of all permitted structures must be the same as the nja temporary structures may be erected for glimité written approval of the Board. & tch basins and drainage areas are for the rdefions or debris shall be placed in these areas.

N. Drainage and Septic purposes of natural flow of water only Provided, however, the De easement across the Propert occupant shall dump gra potentially hazardous o stream, or pond within the sé of altering drainage and water flow. No Owner or

flow of water only Provided, however, the De easement across the Propert occupant shall dump gra potentially hazardous o stream, or pond within the sé of altering drainage and water flow. No Owner or or other debris, petroleum products, fertilizers or other ificial Vegetation, Exterior Sculpture and Similar Items. No artificial ding but not limited to plastic plants or other artificial or simulated plants. shall Q. Playgrounds and Decks. No decks, wooden or otherwise. jungle gyms, swing sets or similar playground equipment shall be erected or installed on any Lot without prior written approval of the Committee in accordance with Article HI hereof. These items shall be positioned 9 ASS8O-3346-5708 Page 13 of 40 D224179982 on the Lot so as not to be visible from any street. Any playground or other play areas or equipment furnished by the Association or erected within the Properties shall be used at the risk of the user, and the Association shall not be held liable to any person for any claim, damage, or injury occurring thereon or related to use thereof. Decks, jungle gyms, swing sets or similar playground equipment must be placed on the rear of the Lot no closer than five (5") feet to the side and ten (10°) feet to the rear lot lines unless stated otherwise herein.

R. Walls, Fences and Hedges. Prior to the completion of a Dwelling unit upog Lot, the Lot must be fenced pursuant to the standards and specifications set forth in the Rule Regulations or anehiniceii guidelines. No hedge in excess of three in (3’) in hei by the Committee, no chain link, chicken wire, or other wire fence will be per No fence or wall shall be erected on any Lot nearer to the street than the building shown on the Subdivision Plat. The Committee has the right to deviate an niction and

or other wire fence will be per No fence or wall shall be erected on any Lot nearer to the street than the building shown on the Subdivision Plat. The Committee has the right to deviate an niction and its approval for the style and materials to be used based on the loca es. It is the intent to maintain visual] continuity especially along entryfvay horoughfares and/or adjacent to common area properties. Title to any wall 6 ali pass ownership with title to the Lot and it shall be the Owner's responsibility to mainfgin said} wall or fence thereafter in the manner prescribed by the Association. Notwithstanding the Tergéing, walls attached to the Dwelling unit (commonly known as "wing walls") a pHrOr written approval of the Committee.

gs, fences or walls located in the istée gives its prior written approval of S. Exterior Paint. The exteri Properties shall not be painted or stained color. Only clear wood sealer or Behr Sealer may be applied to wood Cedar Naturaltone Semi-T: designate, in a written docy an alternative acceptabl exterior paint colors of the Properties. To the extent Behr Premium and Sealer is discontinued, the Committee may ¢ Official Public Records of Tarrant County, Texas, pose of this covenant is to maintain harmony of the dnt are not permitted. Accordingly, the Committee shall not of exterior paint that is different from the original paint applied Semposite Building Site. Any Owncr of one (1) or more adjoining Lots (or pof) may, with prior written approval of the Board, consolidate such Lots or portions building site. with the privilege of placing or constructing improvements on such composite site, in which case the side set-back lines along the common lot lines shall be

lidate such Lots or portions building site. with the privilege of placing or constructing improvements on such composite site, in which case the side set-back lines along the common lot lines shall be eliminated and said set-back lines shall thereupon be measured from the resulting side property lines rather than from the center adjacent Lot lines as indicated on the Subdivision Plat. Further.

any utility easements along said common lot lines shall be eliminated and abandoned upon approval of a composite building site, provided such easements are not then being used for utility 10 ASN80-5546-5 708 Page 14 of 40 D224179982 purposes. Any such composite building site must have a front building set-back line of not less than the minimum front building setback line of all Lots in the same block. For purposes of the Assessments set forth in Article VI hereof, such composite building site will be assessed by the number of Lots contained within such composite building site.

V. Development Period. During the Development Period and notwithstanding anything contained herein to the contrary, Declarant and builders authorized by Declarant nay construct and maintain upon portions of the Common Properties and other property they own facilities, activities, and things as, in Declarant's sole opinion, may be reasonably ,e attached to a structure), model homes, sales offices, holding or sponsoring sp¢ exterior lighting features or displays. In addition, if reasonably required, conyeni authorized by Declarant under this Section are subject to De builders authorized by Declarant shall have easements for acce charge. Sales offices authorized pursuant to this Section shall by the Declarant.

Furthermore, during the Development Period, enacted or implemented by the Association or the

l have easements for acce charge. Sales offices authorized pursuant to this Section shall by the Declarant.

Furthermore, during the Development Period, enacted or implemented by the Association or the routine home construction.

hall also apply to all occupants, guests and ayl occupants of his or her Lot to comply with the ations or other guidelines or restrictions promulgated pr all violations and losses to the Common Properties the Board which govern the invitees of any Lot. Every O by the Board, and shal caused by such occupa and may be sanctioned ation of the Declaration, Bylaws, Rules and Regulations and »mulgated by the Board.

x.

property or thing that will cause it to appear to be in an unclean or untidy be obnoxious to the eye; nor shall any structure, thing, or material be kept ‘T Oofidition that will or might disturb the peace, quiet, safety, comfort, or serenity of § of surrounding property. No noxious, illegal, or offensive activity shall be carried y portion of the Properties, nor shall anything be done thereon tending to cause Fassment. discomfort, annoyance. or nuisance to any person using any portion of the Properties. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant. or of a nature as may diminish or destroy the enjoyment of the Properties. No outside burning of wood, leaves.

trash, garbage or household refuse shall be permitted within the Properties. No speaker (unless 11 AS80-5346-5 708 Page 15 of 40 D224179982 Page 16 of 40 otherwise authorized herein), horn, whistle, bell or other sound device, except alarm devices used exclusively for security purposes, shall be installed or operated on any Lot. The use and discharge

0 otherwise authorized herein), horn, whistle, bell or other sound device, except alarm devices used exclusively for security purposes, shall be installed or operated on any Lot. The use and discharge of firecrackers and other fireworks is prohibited within the Properties. No musical group may perform or play, and no outside instruments may be played without the prior written approval of the Committee.

ivity shall manner Y. Garage Sales. Garage sales. moving sales, rummage sales or similar a be limited to a total of two (2) per year to be held on the specific date(s) and i designated in writing by the Board.

Z. Unsightly or Unkempt Conditions. It shall be the respons to prevent the development of any unclean, unhealthy, unsightly, or unke her Lot. The pursuit of hobbies or other activities, including speci generality of the foregoing, the assembly and disassembly of motor¢ devices, which might tend to cause disorderly, unsightly pursued or undertaken on any part of the Properties. N and assembly of motor vehicles to perform repair work enclosed garage or other approved enclosure.

AA. Leasing of Lots.

(1) Definition. “Leasin exclusive occupancy ofa Lot by a emolument.

as defined in this De er shall be permitted to lease his Lot for hotel or transient is Section is defined as a period of less than ninety (90) days.

othat the tenant shall be bound by and subject to all of the obligations pclaration. The Owner making such lease shall not be relieved from any The Owner making such lease shall not be relieved from any of such e execution of a lease agreement, the Owner shall notify the Association in er’s designated address and the name of the Owner's lessee. No lessee shall be e recreational facilities or Common Properties until the information specified in

e Owner shall notify the Association in er’s designated address and the name of the Owner's lessee. No lessee shall be e recreational facilities or Common Properties until the information specified in ties is limited to the benefit of one (1) family per residence and the granting of such rights to enant excludes the right of the Owner during such period.

BB. Laws and Ordinances. Every Owner and occupant of any Lot, their guests and invitees, shall comply with all laws, statutes, ordinances and rules of federal, state and municipal governments applicable to the Properties and any violation thereof may be considered a violation 12 4 D224179982 of this Declaration; provided, the Board shall have no obligation to take action to enforce such laws. statutes, ordinances and rules.

CC. Subdivision of Lots. Notwithstanding anything contained herein to the contrary, Declarant hereby expressly reserves the right to replat any Lot or Lots owned by Declarant in accordance with all applicable subdivision and zoning regulations.

DD. Parking and Prohibited Vehicles. No motor vehicles or non-motorized ve boat, trailer, marine craft, recreational vehicle, camper rig off of truck, hovercraft parked in the driveway on a Lot, «however, no vehicle shall be pg § to Obstruct or block a sidewalk or upon any portion of the grassed areas or yard. g be kept or stored on any street within the Subdivision for longer than a perigd of six ive hours. No vehicle aired i edfrom view inside a garage or other approved enclosure. This restriction shall Met apply to any vehicle, machinery, or houses in the immediate vicinity; provide hov E waqehs’or occupants of Lots may seek a temporary variance from this restriction fe y ever, any such request for a variance

to any vehicle, machinery, or houses in the immediate vicinity; provide hov E waqehs’or occupants of Lots may seek a temporary variance from this restriction fe y ever, any such request for a variance must receive the prior written approval of the ers or occupants of Lots should refrain from parking their vehicles in front of thetr ne parking behind neighbors’ dri atittious parking of multiple cars on the streets located within the Subdivisig e Declarant and the Board may adopt additional Rules and Regulations reghlatif a-efi the streets in the Properties. No motor bikes, : or 4 wheelers, golf carts or ‘other similar vehicles shall Nb reason of noise or fumes emitted, or by reason of manner or annoyance.

cant res us Activities. No activity shall be conducted on and no improvements ned barbecue unit while attended and in use for cooking purposes or within a -designed interior or exterior fireplace.

On-Site Fuel Storage. No on-site storage of gasoline, heating or other fucls shall be permitted on any part of the Properties except that up to five (5) gallons of fuel may be stored on each Lot for emergency purposes and operation of lawn mowers and similar tools of equipment.

and the Declarant and the Association shall be permitted to store fuel for operation of maintenance vehicles, generators and similar equipment.

ASRO-5346-5 708 Page 17 of 40 D224179982 GG. Removal of Trash and Debris During Construction. Pursuant to the Rules and Regulations or architectural guidelines and during the construction, repair, and restoration of improvements, each builder shall remove and haul from the Lot all tree stumps, tree limbs, branches, underbrush, and all other trash or rubbish cleared from the Lot to permit construction of

ration of improvements, each builder shall remove and haul from the Lot all tree stumps, tree limbs, branches, underbrush, and all other trash or rubbish cleared from the Lot to permit construction of the Improvements, including landscaping. No burning of trash or other debris is permitted on any Lot, and no materials or trash hauled away from any Lot may be placed elsewhere within the Properties, unless approved in writing by the Committee. Additionally, each Owner or builder.

during construction of the improvements, shall continuously keep the Lot in a reasonably clea and organized condition, Papers, rubbish, trash, scrap, and unusable building materials areso~be kept, picked up, and hauled from the Lot on a regular basis. Other useable building mate in the street. Any such trash, materials, or dirt inadvertently spilling or getting into street gutter shall be removed, without delay.

he eihova) of an comunttion# with the HH. Exeavation and Tree Removal. The digging of dir : qual or greater caliper. Any void, depression or hole created by the removal of dirt or a tree’ be filled in accordance with the Owners are bound and obligated Wnprovements thereon in a neat and days to begin repairing or demolishing the eopimenced, such repairs or demolition must be damage to the improvements is not covered by insurance, or if the Owner'sfclgj apphoved by the Owner's insurance company, or if the of the period permitted by applicabeyns p destroyed or damaged portion, apa : "hardship" extension to the oper his restriction to be submitted to the Board within sixty ion or damage. Inno event shall the granting of a "hardship" extension in a particuldr ¢ e deemed a waiver of the right to enforce this restriction thereafter.

If a hardship extensiqn\

rd within sixty ion or damage. Inno event shall the granting of a "hardship" extension in a particuldr ¢ e deemed a waiver of the right to enforce this restriction thereafter.

If a hardship extensiqn\ e“demolished and the Lot to be suitably landscaped. subject to the approv 2. SO as to present a pleasing and attractive appearance. Such Lot will be strictions on Garbage and Trash. No refuse, garbage. trash. lumber, grass, pings, plant waste. compost, metal. bulk materials. scrap, refuse, or debris of any kept, stored, or allowed to accumulate on any Lot except within an enclosed container of a type, size and style approved by the Board and appropriately screened from view, except that any such container may be placed in a designated area for garbage or trash pickup no earlier than six o'clock p.m. on the day preceding trash pickup of such garbage and trash and shall be returned to an enclosed structure or an area appropriately screened from view no later than midnight of the 14 A880-S546-3708 Page 18 of 40 D224179982 Page 19 of 40 day of pickup of such garbage or trash.

KK. Clothes Drying. No outside clothesline or other outside facilities for drying or airing clothes shall be erected, placed or maintained on any Lot if visible from any other Lot, nor shall clothing or household fabric or any other article be hung, dried or aired on any Lot in such a way as to be visible from other Lots/streets or the Common Properties.

LL. Animals. No animals of any kind shall be raised, bred, or kept on any Lot e!

as hereinafter provided. A total of three (3) dogs, cats, or other typical household pets mg ona Lot (except for fish of a type customarily kept sitizin normal home aquar, iums_ ad maintained for commercial purposes; (b) they do not make objectionable n

ats, or other typical household pets mg ona Lot (except for fish of a type customarily kept sitizin normal home aquar, iums_ ad maintained for commercial purposes; (b) they do not make objectionable n objectionable odor, or otherwise constitute an unreasonable nuisance determined by the Board in its sole discretion; (c) they are kept withir enclosed yard on the Lot occupied by the Owner of such pets, or o capable of controlling the animal; and (d) they are not in violg Declaration and such limitations as may be set forth in the R savage or dangerous animals, as determined by the Board in housed within the Properties. Pets which have a histogy of han s Board may-Modify this provisions and allow more than a total of three (3) dogs, cats or other | household pets. The Association, acting through the Board, shall have the right to i E sole opinion of the Board, is not being majatain Each Owner, tenant, or guest of an Owner psOlute duty and responsibility to clean yAortion of the Lot of another Owner or Common Properties. Any resident who ¢é anihyal to be brought or kept within the Properties shall indemnify and hold hanes th liability which they may susjahMsare e presence of such animal within the Properties.

of any and all damages or loss resulting from the b the Properties. The Board may adopt additional rules and Arbors. No pergola and/or arbor will be permitted on any Lot sof Top Antenna, Satellite Dishes and Accessory Structures. The roofs, as ¢ design element. should be kept as visually unobstructed as possible. To the extent he Lot, not extend above the roof line of the house located on the Lot and not be visible from the frontage street or any adjoining street or both. Vent stacks and other necessary roof

. To the extent he Lot, not extend above the roof line of the house located on the Lot and not be visible from the frontage street or any adjoining street or both. Vent stacks and other necessary roof protrusions should be located to be away from public view and where possible. located on the backside of the roof. All vent stacks and flashing are to be painted to match color of shingles.

Shingles are to be overlapped at valleys so that no valley flashing is exposed. No rooftop or 15 A8S0-SS46-5 708 D224179982 window HVAC equipment is permissible. Extreme care should be taken in location of condensers to avoid noise infiltration of adjoining bedrooms and other “quiet” zones. Aluminum screen rooms will not be allowed. All accessory building must receive Committee written approval prior to placement.

PP. Antenna and Satellite Dishes. No antenna or satellite dish which exceeds one meter (39 inches) in diameter is permitted on any Lot. To the extent feasible, the antenna, sateite dish and any mast must be located to the rear one-half (1/2) of the Lot. To the extent feasiblé.

antenna, satellite dish, including its base and anchoring structure, shall not extend abe roofline of the house located on the Lot and shall not be visible from the frontage the antennae, satellite dish and related mast shall be placed in the least visiblé reception of an acceptable quality signal is still possible. To the extent feasible,» dish or mast shall be constructed or placed or permitted to remain on any easement of right-of- -way (located on any Lot. The antenna, satellit ARTICLE V LOCATION OF IMPR A. Dwellings (1) Dwellings shall facebe has the smallest frontage.

(2) Dwellings and 9g located on any Lot nearer to the

The antenna, satellit ARTICLE V LOCATION OF IMPR A. Dwellings (1) Dwellings shall facebe has the smallest frontage.

(2) Dwellings and 9g located on any Lot nearer to the ing permitted by the Committee shall be subject to the : sh Accessory Building shall not be taller than eight feet (8°) from the ground and may ¢ ldedted closer than five feet (5°) from any side lot line and ten feet (10°) from the in st-floor plate line on the sides of the buildings shall not exceed twelve “height of the predominant portion of the slab shall be between eighteen y-four inches (24") above the crown of the street.

The foregoing set-backs are in addition to any municipal or governmental Garages and Driveways (1) = The Committee shall specify and approve in writing the location of all garages and driveways. Detached garages are prohibited.

16 4880-S546-5 708 Page 20 of 40 D224179982 Page 21 of 40 (2) The garage structure shall have no more than three (3) single garage doors or one (1) double garage door and two (2) single garage doors facing the street. The garage shall be attached or connected to the main structure unless otherwise approved by the Committee.

(3) Driveways shall comply with all building set-back lines as shown on the Subdivision Plat.

(4) Side loaded attached garages must be mixed with other types and ni loaded from the same side.

(6) No particleboard garage doors will be permitted. A metal or solid wood. Glass fenestrations are permitted. No reflective windows.

No improvements including. but not limited to. a spa or pool shall be built gen feet (14°) from the rear property line unless otherwise showing on the final on extending more than two feet (2°) above the ground. No above-ground pools are permitted.

17 AS80-5546-5 708

be built gen feet (14°) from the rear property line unless otherwise showing on the final on extending more than two feet (2°) above the ground. No above-ground pools are permitted.

17 AS80-5546-5 708 D224179982 Page 22 of 40 D. Minimum Square Footage within Improvements The air-conditioned livable area of each Dwelling shall not be less than twelve hundred (1,200) square feet for a one (1) story house and a one and a half (1.5) story house. The air-conditioned livable area of a two (2) story house shall not be less than sixteen hundred (1,600) square feet.

Any multiple story home must have not less than five hundred (500) square feet of air-conditioned livable area on the first floor. The square footage of air-conditioned living area, exclusive of porches, patios, balconies, and garages. shall be determined by measuring to the outside of the exterior walls of the home.

E. Building Material other masonry material acceptable to the Committee (collectively, “Mag combination thereof. “Hardi-board”, “Hardi-plank” or similar Committee are considered to be Masonry Material. Further, a of three et). Any exception must ¢ granted only if there is an area of the w which case the Committee may be approved by the Committee. Exceptions will gener: house where the structure cannot support Mason approve the siding material to be used. , Unpg permitted. © F. Roofing Material Roofing shall be consi charcoal color ranges. The clay, slate, and title).

G.

© the contrary, fences constructed or installed by, or at the direction of.

oncrete or any other material or combination of materials as determined by bic and absolute discretion. A “wrought iron” fence may be made of wrought inum as long as it has the appearance of wrought iron.

ete or any other material or combination of materials as determined by bic and absolute discretion. A “wrought iron” fence may be made of wrought inum as long as it has the appearance of wrought iron.

(2) Wood Fences. All wood fences between Lots shall be six feet (6°) tall and st of six inch (6°) wide wood pickets in Western Red Wood Cedar. All wood fences shall comply with the Declaration and any Committee specifications. No wood fence on a side yard may extend closer to the front of the Lot than three feet (3°) behind the main structure of the 18 48S0-5546-5708 D224179982 Dwelling unit (3) Fencing on Corner, Lots. Corner, lots are required to have a wooden fence six feet (6°) tall and consisting of six inch (6”) wide wood pickets in Western Red Wood Cedar (or other material approved in writing by the Committee) with the “finished” side to the strect side (and otherwise comply with the Committee specifications) along the side yard facing the street unless other fencing has been previously installed by the Declarant.

H. Party Fences and Party Retaining Walls to negligence or willful acts or omissions shall apply thereto.

(2) — Sharing of Repair and Maintenance. e cost Of\reasonable repair and maintenance of a party fence and/or a party retaining wall sh - Sharegl by the Owners who the fence and/or the retaining wall serves in equal proportj (3) Damage and Destruction. Ifa destroyed or damaged by fire or other casualty; replacement for any reason, then to th replacement is not covered by insurance a may maintain, repair, or replace it, and“a retaining wall serves shall conttibutef td the thereof in equal proportions i f such maintenance, repairs, or replacement owever, subject to the right of any such Owners efe is granted herein an easement the width of six (6°) feet

nttibutef td the thereof in equal proportions i f such maintenance, repairs, or replacement owever, subject to the right of any such Owners efe is granted herein an easement the width of six (6°) feet ear Lot boundary lines on each Lot and an easement the width of four (4°) feet running along all fi 1. bpundary lines on each Lot for the benefit of each of the present and future Owner, so te (4) arty fence and/or party retaining wall situated on such Owner's Lot or 3 Lot as is reasonably necessary for such work.

Right to Contribution Runs with Land. The right of any Owner to from any other Owner under this Section shall be appurtenant to the land and shall # Owner's successor-in-title.

(6) Arbitration. In the event of any dispute arising concerning a party fence and/or a party retaining wall, or under the provisions of this Section, the Owner(s) of each Lot shall appoint one (1) arbitrator. The arbitrators thus appointed shall appoint one (1) additional arbitrator and the decision by a majority of all appointed arbitrators shall be binding upon the 19 4880-55.46-5708 Page 23 of 40 D224179982 Page 24 of 40 parties and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof located in Tarrant County, Texas.

1. Trees On or before the occupancy of each Dwelling (‘Occupancy’). the owner of each Lot shall plant trees as specified in this Article V, Section I. The front yard of the Lot shall be planted with greater. Unless otherwise directed by the Committee, hardwood is defined as a deciduo J. Lot Grading and Drainage After the conveyance of each Lot or Lots from the Declarant, each Lo

greater. Unless otherwise directed by the Committee, hardwood is defined as a deciduo J. Lot Grading and Drainage After the conveyance of each Lot or Lots from the Declarant, each Lo any Lot be graded of maintained in such a manner as to allow There is hereby reserved unto the Owner(s) of adjacent Lots a ye (5°) feet wide along all side Lot property boundary lines for drainage befween tht Lots. Such drainage € obstructecd-and shall be maintained by is located so as to allow water runoff as originally designed and intended. No structures g ‘ nts may be placed within the five foot (5°) easement other than pool equipme fencing and other items approved in writin shall be built to end behind thesurb.

street.

K. Visual Obsfra and Dish-Type Devices Dish-Type Devices in Excess of One Meter (39 inches). No direct broadcast ltichannel multipoint distribution type devices, and microwave broadband ‘and receivers (referred to herein collectively as “Dish-Type Devices”) which exceeds (39 inches) in diameter is permitted on any Lot.

(2) — Dish-Type Devices of One Meter (39 inches) or Less. Antennas and Related Masts. One (1) Dish-Type Device of one meter (39 inches) or less, television broadcast antennas (“Antennas”) and related masts, are permitted to be placed on a Lot provided any such item 20 AS880-5546-5 708 D224179982 complies with all of the below set forth minimum conditions. Further, the Association must receive written notification at its then current address from the Owner of the applicable Lot, on or before the installation of any Dish-Type Device, Antenna or related mast provided for in this Section. Such notification must include the type and color of the Dish-Type Device. Antenna and

Lot, on or before the installation of any Dish-Type Device, Antenna or related mast provided for in this Section. Such notification must include the type and color of the Dish-Type Device. Antenna and any related mast to be installed, and the method, manner, and site of installation. The site must be shown in a plot plan.

If the Owner of a Lot proposes to install a Dish-Type Device, Antenna and any ré mast as set forth i in this Section i in any manner w wiaiecemer Ww hich does not strictly com id appropriate, in its reasonable discretion. The application to the Committee form approved by the Committee and contain such information as mé Committee, including a statement which specifically describes the i that such Dish-Type Device, Antenna and related mast will va The Committee shall endeavor to make its decision regardi: Dish-Type Device, Antenna and any related mast on an expedited basis within s after receipt by the Committee of the completed application and all information rég é in. The granting of a ffect the’Owhier's obligation to comply jons affecting the Lot concemed.

(3) Minimum Conditions. h ¢ foregoing requirements, no DishType Device, Antenna, or any related mae ev constructed, placed, or permitted to remain on any Lot unless such installati ‘i dmplies with the following minimum conditions (however, each Minimum installation of the applicable Di increases the cost of such ite1 signal): A.

located improver To the extent feasible, the Dish-Type Device, Antenna and iding its base and anchoring structure, shall not extend above ine“of the house located on the Lot and shall not be visible from the street or any adjoining street.

To the extent feasible. no Dish-Type Device. Antenna or mast shall be constructed or placed or permitted to remain on any utility

Lot and shall not be visible from the street or any adjoining street.

To the extent feasible. no Dish-Type Device. Antenna or mast shall be constructed or placed or permitted to remain on any utility easement or other easement or right-of-way located on any Lot.

D. The Dish-Type Device. Antenna and any mast must be securely mounted to a base, so as to be able to withstand the effeets of high winds or other extraordinary weather conditions: however, no guy wires or similar mounting apparatus will be allowed.

21 4ASS80-8546-3708 Page 25 of 40 D224179982 E. No advertising slogans, logos, banners, signs or any other printing or illustration whatsoever shall be permitted upon or be attached to the Dish-Type Device, Antenna or mast.

F. No Dish-Type Device or Antenna shall ever be used to send or receive any ham radio signal.

G. No Dish-Type Device or Antenna shall be permitted to cause any distortion or interference whatsoever with respect to any oth electronic device in the Subdivision.

H. The Dish-Type Device or Antenna and any mast she solid color only, either white or black or shades of either brown,¢ M. Utility Easements For installation and maintenance ofa ies N.

An Under; Subdivision desig: service area epabre containing g Mm accerdaace cture to the point of attachment to be made available by the electric company ignated by such company at the property line of each Lot. The electric company Declarant, at the request of the electric company, has either by designation on the Subdivision Plat of the Subdivision or by separate instrument granted necessary easements to the electric company. in the location and of a size designated by the electric company. providing for the installation, maintenance and operation of its electrical distribution system and also has granted

electric company. in the location and of a size designated by the electric company. providing for the installation, maintenance and operation of its electrical distribution system and also has granted to the various homeowners reciprocal easements providing for access to the area occupied by and Zp ASSO-5346-5 708 Page 26 of 40 D224179982 centered on the service wires of the various homeowners to permit installation, repair and maintenance of each homeowner’s owned and installed service wires. In addition, the Owner of each Lot containing a single Dwelling unit, shall, at his or its own cost, furnish, install, own and maintain a meter loop (in accordance with the current standards and specifications of the electric company furnishing service) for the location and installation of the meter of such electric company for each Dwelling unit involved for so long as underground service is maintained in the Dwelling unit involved. For so long as underground service is maintained in the Underground Residep ial Subdivision, the electric service to each Dwelling unit therein shall be underground, unifo character and exclusively of the type known as single phase. 120/240 volt, three wire, 60 alternating current.

The provisions of the preceding paragraph also apply to any future resider in Reserve(s) shown on the Subdivision Plat, ifany, as such Subdivision Plat ex of the agreement for underground electric service between the electric cot thereafter.

the accumulation of garbage, trash or rubbi public view is prohibited, and the Owners maintain a drying yard or other suitable g yard equipment, wood piles g requirements of a typical fan and improvements thereo Which are incident to the normal residential yoccupants of all Lots shall maintain all structures

or other suitable g yard equipment, wood piles g requirements of a typical fan and improvements thereo Which are incident to the normal residential yoccupants of all Lots shall maintain all structures Sood repair. All such structures and improvements ightly conditions, including painting same as necessary ont and sides of each Lot. All grass, plants, and shrubs shall be maintained pt. The grass, plants, shrubs and trees shall be of a type and within standards Enforcement of Owner’s Responsibilities In addition to any other enforcement rights available to the Association, in the event of violation of any covenant or restriction herein by any Owner or occupant of any Lot and the continuance of such violation after ten (10) days’ written notice thereof, or in the event the Owner or occupant has not proceeded with due diligence to complete appropriate repairs and maintenance 23 4880-3546-5708 Page 27 of 40 D224179982 after such notice, the Association shall have the right (but not obligation), through its agents or employees, to repair, maintain and restore the Lot and/or the exterior of the residence, not limited to include gutters, siding. broken windows, fencing, mowing, etc., and any other existing Improvements located thereon, to the extent necessary to prevent rat infestation, diminish fire hazards, protect property values and accomplish necessary repairs, maintenance and/or restoration.

The Association may render a statement of charge to the Owner or occupant of such Lot for the cost of such work. The Owner and occupant agree by the purchase and occupation of the Lot to pay such statement immediately upon receipt. Any and all related costs, including but not lifvitk connection with the performance of the exterior maintenance and other w

e and occupation of the Lot to pay such statement immediately upon receipt. Any and all related costs, including but not lifvitk connection with the performance of the exterior maintenance and other w and the Association is hereby granted an easement over the Lots to maintenance and other work.

ARTICLE VI COMMUNITY MAINTENA A. Assessments An annual maintenance assessment payablg“in a dv n January | or each year for the purpose of creating a fund for the operati i maintenance assessment shall commence Si its successors and assigns. The Owner, forea owned within the Subiivision, hereby covenants, and each Owner of any Lot 4 be so expressed in such dee E assessments (“Assessment” gt amount determined by th Yenant to pay to the Asxoaintina (1) annual and (2) other charges, fees, late charges in an e-t6 time, interest, fines, attorney fees and other sums ges”). Annual Assessments shall be established and he due date until paid at a rate set by the Board up to the Charges, shall be 4 ,oh the land and shall be a continuing lien upon the Lot against which such Assessment.ok ChargcAs made as herein set out. In addition to the charge on the land, each Arge shall be the personal obligation of the person who was the owner of then the Assessment or Charge fell due.

ment shall be payable in advance on or before January | of each year. The Board Assessment at an amount not in excess of the maximum, and shall fix the amount of ent against cach Lot by December | preceding the Assessment period. The Asses ent period shall begin on January | of each year. Written notice of the Assessment shall be sent to every Owner subject thereto at the address of each Lot or at such other address provided

. The Asses ent period shall begin on January | of each year. Written notice of the Assessment shall be sent to every Owner subject thereto at the address of each Lot or at such other address provided to the Association in writing from the Owner. The Assessment shall be considered delinquent if not received by January 31 of the year for which the Assessment pertains.

24 4880-5546-3 708 Page 28 of 40 D224179982 Those Lots which are not and have not been occupied, and which are owned by a builder or by the Owner who built (or causes to be built) the Dwelling unit on the Lot shall pay Assessments and Special Assessments provided as herein, equal to one-half (1/2) of the full Assessments or Special Assessments charged to other Owners. Lots which are owned by the Declarant or any entity affiliated with the Declarant shall not be subject to any assessment (Assessments, Charges or other) hereunder whatsoever. The rate of assessment for each Lot shall change as the character of ownership and/or the status of occupancy changes. The applicg Assessment and Special Assessment for each Lot shall be prorated for each calendar according to the purchase date and rate applicable for each type of ownership of the Le that calendar year.

The maximum Assessment for calendar year 2025 shall be in the amour Lot. Beginning with the Assessment for calendar year 2026, the maximun may be increased once a year by the Board, by an amount not to exceed the prior year's maximum Assessment. In the event the Assocj P Declarant in any manner, the Board will be required to assess th provided for in this Section each year to provide for the re Declarant has been paid in full.

led for that purpose. Voting may the name, property address, and Address of the Member, if applicable,

th provided for in this Section each year to provide for the re Declarant has been paid in full.

led for that purpose. Voting may the name, property address, and Address of the Member, if applicable, wy be returned by U.S. mail or may be also be handled by mail ballot as. lang & certification by the Secretary of the Asso and the date and signature of the Member.

collected by door-to-door canvas.

Upon the increase of (2/3) of the total eligible vote fon as set forth above, the Association shall cause to erk of Tarrant County, Texas, a sworn affidavit of the approved shall become effective on the date specified in the document yal and shall be filed for record in the Office of the County Clerk of Tarrant Special Assessments addition to the Assessment, the Board may, upon the affirmative vote of two-thirds (2/3) of the total eligible votes of the Association present, in person or by proxy, at a meeting duly called for this purpose. levy a Special Assessment (herein so called) for the purpose of defraying. in whole or in part. the cost of any construction. reconstruction, repair or replacement of a capital improvement upon the Common Properties. including fixtures and personal property related 2 4880-5346-3 7208 Page 29 of 40 D224179982 thereto. Voting may also be handled by mail ballot as long as the ballots contain the name, property address. certification by the Secretary of the Association, alternate address of the Member, if applicable, and the date and signature of the Member. Ballots may be returned by U. S. First Class Mail, or may be collected by door-to-door canvas. Upon the levying of any special assessment pursuant to the provisions of this Section, the Association shall cause to be recorded in the Office

Class Mail, or may be collected by door-to-door canvas. Upon the levying of any special assessment pursuant to the provisions of this Section, the Association shall cause to be recorded in the Office of the County Clerk of Tarrant County, Texas. a sworn affidavit of the President or any Vice President and of the Secretary of the Association which shall certify, among other items that be appropriate, the total number of eligible votes of the Association as of the date of the v4 the quorum required, the number of votes voting "For" and "Against" the special assessyne C Sing Owner at every sale beginning with the first Owner [including unaffiliated bii{ders] to purchase the Lot from the Declarant), shall be obligated to make a contributi to defray operating costs and other expens possible funding of reserves, as the Board the amount of up to One Thousand and No/1 D. Enforcement © The Association, trespass or otherwise, mf n thirty (30) days after the due date, the Assessment or charge shall bear f delinquency at a rate which shall be the lesser of fifteen percent (15%) ges. Each such ‘Owner. by his acceptance ofa deed to a Lot, hereby expressly vests in the Association, or its agents, the right and power to bring all actions against such owner personally for the collection of such Assessment or Charges as a debt and to foreclose the aforesaid lien by all methods available for the enforcement of liens against real property, including foreclosure by judicial action brought in the name of the Association and by a non-judicial action in a like manner 26 ARSO-S346-S 78 Page 30 of 40 D224179982 as a deed of trust lien on real property and subject to Chapter 209 of the Texas Property Code (as

Association and by a non-judicial action in a like manner 26 ARSO-S346-S 78 Page 30 of 40 D224179982 as a deed of trust lien on real property and subject to Chapter 209 of the Texas Property Code (as same may be amended or revised from time to time), and such Owner hereby expressly grants to the Association an extra-judicial power of sale in connection with the non-judicial foreclosure of such lien.

In addition to and in connection therewith, by acceptance of the deed to a Lot, each Ow expressly GRANTS, BARGAINS, SELLS and CONVEYS to the President and/or Vice Pre& or agent of the Association from time to time serving, as Trustee (and to any substitute orste for the purpose of securing the Assessments and Charges levied hereunder, and ¢ hereunder remaining unpaid hereunder from time to time. The Trustee herein dé changed for any reason and at any time and from time to time by exccutio writing signed by the President or a Vice-President of the Association and fj Records of Tarrant County, Texas. In the event of the election by d (Which request shall S appurtenant thereto a said statute shall read er or purchasers by deed binding upon the Owner or Owners of such Lot and heirs, executors, administrators and successors. The Trustee shall give notice of such p ¢ 51.002 of the Texas Property Code (as sargsjatu e ¢ Trustee, or his successor, as hereinabove provided, at the reque be presumed) to enforce this trust and to sell such request Lo in accordance with Sections 209 and 51.002 of the Texas Prope’ amount of the sum secured by its lien g costs and attorney's fees, and to apply as a cash credit against its bid all sunfsduc fof tion covered by the lien foreclosed. From and after any such foreclosure thy® Lot shall be required to pay a reasonable rent for

's fees, and to apply as a cash credit against its bid all sunfsduc fof tion covered by the lien foreclosed. From and after any such foreclosure thy® Lot shall be required to pay a reasonable rent for Onstitute a tenancy-at-sufferance, and the purchaser at such foreclosure sale ¢ nti the appointment of a receiver to collect such rents and further notice.

All portions prdperties dedicated to, and accepted by, a local public authority exempt from taxation £ the Assesspyep f charges created herein. Notwithstanding the foregoing, no Lot which is use, as a residence shall be exempt from Assessments and charges and the ssessments and Charges shall be payable in the amounts specified in the levy thereof, éts or reduction thereof shall be permitted for any reason including. without limitation, aim that the Association or the Board is not properly exercising its duties and powers under this Declaration. (b) any claim by the Owner of non-use of the Common Properties or abandonment of his Lot, (c) any claim by the Owner of inconvenience or discomfort arising from the making of repairs or Improvements to the Common Properties. or (d) any claim by the Owner of inconvenience or discomfort arising from any action taken to comply with any law or any determination of the Board or for any other reason.

27 A8S80-5546-3708 Page 31 of 40 D224179982 Page 32 of 40 The lien provided for herein shall be subordinate to any first lien purchase money mortgages (and refinancing of same) relating to the Lots or liens relating to construction upon the Lots; provided, however, that such subordination shall apply only to assessments which have bevenie due and pay. able prior loa Sale 6 or transfer of Such Lot pursuant { to a decree of foreclosure

the Lots; provided, however, that such subordination shall apply only to assessments which have bevenie due and pay. able prior loa Sale 6 or transfer of Such Lot pursuant { to a decree of foreclosure refinancing of same) or any proceeding in lieu thereof, shall extinguish the lie payments which became due prior to such sale or transfer. No sale or transfer Lot from liability for the Assessments and Charges thereafter becoming due dx thereof. A selling Owner of a Lot shall not be relieved of personal liabili and Charges accruing on such Lot prior to the date of sale or transfer.

Assessments E. Expenditures gent (with priority given eOmmon open areas, and yard the pay ment for maintenance of planades, detention ponds and areas, atrols, policemen and workmen, kary or desirable in the opinion of the aesthetic features located within county right-of-way) permanent access easements, if any, parkways, cul-de vacant Lots, lighting, fogging, employing o enforcement of these restrictions, and any Association to maintain or improve the prope the Owners or occupants of the property ,cOVores éSe restrictions, it being understood that the judgment of the Association in es expe is exercised in good faith.

RTICLE VI HE ASSOCIATION ity who is a record owner of any Lot of Lots (an “Owner’) shall be a sjation (a “Member™). No Owner shall have more than one membership.

Abject to the jurisdiction of the Association, shall be entitled to the use and benefit of all Common Properties that may become subject to the jurisdiction of the Association as a result of such annexation, and the facilities thereon. and shall be entitled to the use and benefit of the maintenance fund. hereinabove set forth. provided that each Lot in any future section shall be

esult of such annexation, and the facilities thereon. and shall be entitled to the use and benefit of the maintenance fund. hereinabove set forth. provided that each Lot in any future section shall be impressed with and subject to Assessments and Charges imposed hereby. Such additional stage of development may be annexed in accordance with the provisions of Article XI. upon a merger or consolidation of the Association with another association. The Common Properties may be 28 AS80-53416-57u8 D224179982 transferred to a surviving association, or alternatively, the properties, rights, and obligations of another association may be consolidated with those of the association pursuant to a merger. The surviving or consolidated association shall administer the restrictions established by this Declaration, together with the covenants, conditions and restrictions applicable to the properties of the other association as one scheme. No such merger or consolidation, however, shall effect any revocation, change or addition to the covenants established by this Declaration, except agreed to by an eighty percent (80%) vote of the Owners of the Association.

B. Voting Class The Association shall have two (2) classes of voting membership: (1) Class A Membership. Class A Members shall be all Owners, ek among themselves determine, but in no event shall more than one one Lot.

(Q) Class B Membership. Class B Members sh to One Thousand (1,000) votes so long as Declarant ow @ to Class A membership upon the determined by the Declarant, in its arant and recorded in the Official Public (3) Class B membership shall cea termination of the Development Period or such sole discretion, in a written instrument sign Records of Tarrant County, aS S$ of this Section B above, if additional property

lass B membership shall cea termination of the Development Period or such sole discretion, in a written instrument sign Records of Tarrant County, aS S$ of this Section B above, if additional property iation pursuant to a Supplemental Declaration, such nt 5%) of the total of all Lots, then paragraphs B(2) and ed ipso facto.

(4) Notwithstanding is made subject to the jurisd) that Declarant owns more tha B(3) above shall be automa The Asfociatis ay’make whatever rules or by-laws it may choose to govern the gi same are not in conflict with the terms and provisions hereof.

ONth¢ provisions below, every Member shall have a common right and easement nent in the Common Properties for the purposes for which the Common Properties The rights and easements of enjoyment created hereby in favor of the Members shall be subject to the rights and easements now existing or hereafter created in favor of Declarant or others as referred to or provided for in this Declaration, and shall also be subject to the following provisions: A8S80-3546-5 708 Page 33 of 40 D224179982 (1) The Board shall have the right to borrow money to mortgage the Common Properties.

(2) The Board shall have the right to take such steps as are reasonably necessary to protect the Common Properties against foreclosure of any such mortgage.

(3) The Board shall have the right to suspend the enjoyment rights of any member fox any period during which any Assessment or other amount owed by such Member to t Association remains unpaid.

for any period not to exceed sixty (60) days for any infraction of such Rul Accordingly, the Association shall assume responsibility for makin (6) =‘ The Board shall have the right to dedicg Properties to any public authority for such ep G agreed to by the Board.

of such Rul Accordingly, the Association shall assume responsibility for makin (6) =‘ The Board shall have the right to dedicg Properties to any public authority for such ep G agreed to by the Board.

(7) — The Board shall have the rig e-permit nonmember use of any recreational facility nent of user fees established by the Board; ner(s) and any related persons or corporations, and their employees.

profess A Als From and against any and all claims, suits, actions, causes of action or damage MQ any personal injury, loss of life, or damage to property, sustained on or about t gies or other property serving the Association and improvements thereon, or re arising out of activities or operations of Declarant or of the Association, or of the Owns. aad {vom and against all costs, expenses, court costs. counsel fees (including, but not limited TereXpenses. court costs, counsel fees (including. but not limited to, all trial and appellate levels and whether or not suit be instituted). expenses and liabilities incurred or arising from any such claim, the investigation thereof, or the defense of any action or proceedings brought thereon.

and [rom and against any orders. judgments or decrecs which may be entered relating thereto. The costs and expense of fulfilling this covenant of indemnification shall be considered operating costs 30 4880-5546-5 708 Page 34 of 40 D224179982 of the Association to the extent such matters are not covered by insurance maintained by the Association. IT IS EXPRESSLY ACKNOWLEDGED THAT THE INDEMNIFICATION IN THIS SECTION PROTECTS DECLARANT AND THE ASSOCIATION (AND ANY PARENT OR SUBSIDIARY OR RELATED ENTITY OF ANY OF THEM) FROM THE CONSEQUENCES OF THEIR RESPECTIVE ACTS OR OMISSIONS, INCLUDING

NIFICATION IN THIS SECTION PROTECTS DECLARANT AND THE ASSOCIATION (AND ANY PARENT OR SUBSIDIARY OR RELATED ENTITY OF ANY OF THEM) FROM THE CONSEQUENCES OF THEIR RESPECTIVE ACTS OR OMISSIONS, INCLUDING WITHOUT LIMITATION, DECLARANT’S AND/OR THE ASSOCIATION’S NEGLIGENT ACTS OR OMISSIONS, TO THE FULLEST EXTENT ALLOWED BY LAW.

E. Limitation on Liability The officers of the Association and Board members shall have no personal liabilig respect to any contract or other commitment made by them, in good faith, on beha Association (except to the extent that such officers or Board members may also be Mert Business Organizations Code.

F. Reimbursement of Declarant yzed by Declarant, the Board s, or employees and without being Recognizing that the Association may have (whether the Board is the same as Declarant, oy liable for any claim made by any Member of thé other Members of the Association has been bre Declarant, execute promissory notes and/o owes the Declarant for monies Declarant for and on behalf of not be secured by a lien 9 Association.

fa conflict of interest) may reimburse ents evidencing any debt the Association ASSO-5546-5708 Page 35 of 40 D224179982 1. Additional Powers of the Association The Association, acting through the Board, shall be entitled to enter into such contracts and agreements concerning the Properties as the Board deems reasonably necessary or appropriate to maintain and operate the Properties in accordance with the Declaration, including without limitation, the right to enter into agreements with adjoining or “nearby land owners or govern, ental of recreational facilities, or other igiters of mutual interest, The Declarant and the As acting through its Board of Directors, shall each also have the power to make and to ¢

owners or govern, ental of recreational facilities, or other igiters of mutual interest, The Declarant and the As acting through its Board of Directors, shall each also have the power to make and to ¢ and Regulations governing the use of the Properties, in addition to those contain ARTICLE VIII ENFORCEMENT The covenants, reservations. easements and restriction the undersigned, its successors and assigns, and equally for t any subsequent Owner of a Lot or Lots in the Subdivisign, and thte , and assigns. Accordingly, all of the covenants, rese Ans. easements and restrictions contained herein shall be construed to be covenants running withheNand, enforceable at law or in equity, by any one or more or said parties. Without Association shall have the power to en E Regulations, architectural guidelines and otoex more of the following means: (a) by entry a bona fide emergency exists in whic Eye [eerit ritten or oral] to the Oumes ht of entry may be exercised without notice eas to avoid any unreasonable or unnecessary enjoyment of the improvements situated thereon by the Owner or any vite son) Wihorttiability by the Association to the Owner, tenant, or guest thereof, for the ¢ pment of this Declaration, the Rules and Regulations, architectural guidelines» sociation governing documents; (b) by commencing and maintaining actions andys Strain and enjoin any breach or threatened breach of the provisions of this De i e Rules and Regulations, architectural guidelines and other Association gove ents by mandatory injunction or otherwise; (c) by commencing and maintaining 7 ts to recover damages for breach of any of the provisions of this Declaratio d Regulations, architectural guidelines and other Association governing

n or otherwise; (c) by commencing and maintaining 7 ts to recover damages for breach of any of the provisions of this Declaratio d Regulations, architectural guidelines and other Association governing usion, after notice, of any Owner or Owner's family, guests, or tenants from y beach of this Declaration, Rules and Regulations, architectural guidelines and other 20verning documents by such Owner or Owner's family, guests. or tenants, unless the ontinues: (e) by levying and collecting, after notice, reasonable and uniformly applied fines and penalties, established in advance in the Rules and Regulations. from any Owner or Owner's family, guests. or tenants, for breach of this Declaration, the Rules and Regulations.

architectural guidelines and other Association governing documents by such Member or Member's family. guests. or tenants. In the event any action to enforce the provisions of this Declaration, the Rules and Regulations. architectural guidelines and other Association governing documents is 32 ASSU-S546-5 708 Page 36 of 40 D224179982 initiated by the Association against an Owner or occupant of a Lot, or any action is initiated by the Association to enjoin or restrain any breach or threatened breach of this Declaration, the Rules and Regulations, architectural guidelines and other Association governing documents, the Association shall be entitled to recover reasonable attomeys’ fees, costs, expenses and charges from the Owner or occupant of a Lot who violated this Declaration, the Rules and Regulations. architectural guidelines and other Association governing documents or for whom such restraint or injunctive relief is sought. Any such attorneys’ fees, costs, expenses and charges shall become a part ofthe

tectural guidelines and other Association governing documents or for whom such restraint or injunctive relief is sought. Any such attorneys’ fees, costs, expenses and charges shall become a part ofthe Charge and payable by said Owner and payment thereof shall be secured by the lien ci pursuant to this Declaration.

ARTICLE IX SEVERABILITY The invalidity, abandonment or waiver of any one of these cOvenantd, Yeseryations, easements or restrictions shall in no way affect or impair the ,ather {ofenarys) resepvations.

easements and restrictions, which shall remain in full force an ARTICLE X AMENDMENT TO THIS DECLA The covenants and restrictions of this Declaratte all run with and bind the land for a déd by the Owners by a vote of sixty¥% in the Association. However, until the &ner’s approval. Any amendment must be recorded pt County, Texas.

divide other portions of its property, or may subject the same to a Declaration, Declarant shall have no obligation to do so, and if Declarant ay be the same as or similar or dissimilar to any Subdivision Plat covering the or any part thereof, or to this Declaration as Declarant shall. in its sole discretion, may“be-afinexed into the jurisdiction of the Association at the sole and absolute election of the Declarant. Any such annexed property or properties shall be subject to a declaration providing for a uniform rate of Assessments with the Lots covered by this Declaration and with such other reservations, restrictions, covenants, and easements as shall be compatible with such matters as set forth herein.

>) han AR80-5546-5 708 Page 37 of 40 D224179982 ARTICLE XH NO PARTITION Except as is permitted in the Declaration or any supplemental declaration, there shall be no

h such matters as set forth herein.

>) han AR80-5546-5 708 Page 37 of 40 D224179982 ARTICLE XH NO PARTITION Except as is permitted in the Declaration or any supplemental declaration, there shall be no judicial partition of the Common Properties or any part thereof, unless approved in writing by Declarant, nor shall any person acquiring any interest in the Properties or any part thereof seek a judicial partition unless approved in writing by the Declarant. This Article shall not be cq to prohibit the Board from acquiring and disposing of tangible personal propert acquiring title to real property which may or may not be subject to this Declaration, ARTICLE XH] MISCELLANEOUS A. Security The Association may, but shall not be obligated to, maiftator sypport certain activities within the Properties designed to make the Propertigs. safer the otherwise might be.

NEITHER THE ASSOCIATION, ITS DIRECTOR PFICERS, AND AGENTS, THE DECLARANT, NOR ANY SUCCESSOR DECLARAYA SHALL IN ANY WAY BE i WITHIN THE PROPERTIES.

A SUCCESSOR DECLARANT = BY REASON OF FAILURE TO ENESS OF SECURITY MEASURES NEITHER THE ASSOCIATION, THE DECE ARA SHALL BE HELD LIABL. E FOR ANY LOS§O UNDERTAKEN. ALL OWNERS AND/O AND INVITEES OF ANY O A SUCCESSOR DECLARA WARRANT THAT ANY([FR DECLARANT OR THE COMMITTEE MAY NOT BE TED, THAT ANY FIRE PROTECTION OR BURGLAR ER SECURITY SYSTEMS WILL PREVENT LOSS BY FIRE, HEFT, HOLD-UP. OR OTHERWISE, NOR THAT FIRE LARS ALARM SYSTEMS OR OTHER SECURITY SYSTEMS BSPROVIDE THE DETECTION OR PROTECTION FOR WHICH THE ED OR INTENDED. EACH OWNER AND OCCUPANT OF ANY LOT, GES AND UNDERSTANDS THAT THE ASSOCIATION, ITS BOARD OF x ITS DIRECTORS, OFFICERS AND AGENTS AND COMMITTEES, DECLARANT, OR ANY SUCCESSOR DECLARANT ARE NOT INSURERS AND THAT

NER AND OCCUPANT OF ANY LOT, GES AND UNDERSTANDS THAT THE ASSOCIATION, ITS BOARD OF x ITS DIRECTORS, OFFICERS AND AGENTS AND COMMITTEES, DECLARANT, OR ANY SUCCESSOR DECLARANT ARE NOT INSURERS AND THAT EACH OWNER AND OCCUPANT OF ANY DWELLING UNIT AND EACH TENANT.

GUEST, AND INVITEE OF ANY OWNER ASSUMES ALL RISKS FOR LOSS OR DAMAGE TO PERSONS, TO LOTS. AND TO THE CONTENTS OF LOTS, AND FURTHER ACKNOWLEDGES THAT THE ASSOCIATION, IFS BOARI) OF DIRECTORS, ITS DIRECTORS. OFFICERS AND AGENTS AND COMMITTEES, DECLARANT, OR ANY SUCCESSOR DECLARANT HAVE MADE NO REPRESENTATIONS OR WARRANTIES 34 4880-5346-3 708 Page 38 of 40 D224179982 Page 39 of 40 NOR HAS ANY OWNER, OCCUPANT, TENANT, GUEST OR INVITEE RELIED UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, RELATIVE TO ANY FIRE AND/OR BURGLAR ALARM SYSTEMS OR OTHER SECURITY SYSTEMS RECOMMENDED OR INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN WITHIN THE PROPERTIES.

B. Additional Restrictions No Person shall record any covenants, conditions, and restrictions, or deci2 condominium or similar instrument being void and of no force and effe approved by recorded consent signed by Declarant.

C. Delay in Enforcement to obtain relief against or recover for the continuation & any similar breach or violation thereof at any later {4 D. Violations of Law Any violation of any federal, stage pertaining to the ownership, ocgapatio this Declaration and shall be ie, Declaration.

E. Governi ‘otice.

This Declargfion § onstrued and governed under the laws of the State of Texas.

Any notice requiréd s sent to any Owner under the provisions of this Declaration shall be q y I yeabeen propeyly sent when mailed, postage pre-paid, to the last known address of

of the State of Texas.

Any notice requiréd s sent to any Owner under the provisions of this Declaration shall be q y I yeabeen propeyly sent when mailed, postage pre-paid, to the last known address of ars-as’Owner on the records of the Association at the time of such mailing.

andgement Office.

ithstanding anything contained in this Declaration to the contrary, the Association or aécyient company may, with the Board's approval. maintain an office upon the Common Properties associated with the management of the Association.

G. Lawsuits Against Declarant.

All Owners hereby acknowledge and agree that the Association shall not be entitled to 35 4880-5546-5 708 D224179982 Page 40 of 40 institute any legal action on behalf of any or all of the Owners which is based on any alleged defect in the Common Properties, Common Facilities, or any damage allegedly sustained by any Owner by reason thereof, but rather, all such actions shall be instituted by the person(s) served by such Common Properties, Common Facilities, or allegedly sustaining such damage.

EXECUTED effective the g th day of October, 2024.

ROCKY CREEK CROSSING, LTD: limited partnership By: THE STATE OF TEXAS Ss SI SS: COUNTY OF HARRIS This instrument was acknowledged Patrick Carrigan-Smith, Vice Presi LLC, a Texas limited liability company} elopment & Acquisitions of C.LL. Holdings of tner of Rocky Creek Crossing, Ltd., a Texas limited partnership, on behalf of sai iti ES Notary Public TANEISHA HENDERSON Notary 1D #133867298 J My Commission Expires duly 19, 2026 36 ASHO-5546-5 708