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1363816 Page 1 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol: 15386 Pg: 40 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy UTitle No. 19700 F Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF ANDDER POINTE This DECLARATION OF COVENANTS, CONDITIONS, AND RUDDER POINTE (the "Declaration"), is made effective as of the 14 day of 2019, by BORD, LLC, a texas limited liability "Declarant"); COPY Unof compan Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffic Unofficial Copy WHEREAS the Declarant is owner of th&ppy Una (hereinafter sometimes referred to as RESTRICTIONS Jung and being situated in the City of Bryan, Brazos County, Texas, more particularly described on Exhibit "A" attached hereto and incorporated herein by reference; improvement, development and sa owners of the Property; sfici WHEREAS the Declarant cle Unofficial Copy Unofficial Copy same are certain tract or parcel of real property lying WHEREAS the Declarant desires to convey the Property (as defined below) subject to certain protective covenants, conditions, restrictions, liens and charges as hereinafter set forth; RECopy Unoffices to create and carrycia) Cop Unoff carry out a uniform plan for the Untale of the Property for the benefit of the present and full official Copy opy Uno NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that it is hereby declared (i) that all of the Property shall be held, sold conveyed and occupied subject to the following covenants, ditions, restrictions, liens, a charges, which are for the purpose of preserving the value and desirability of, and which shall run with, the Property and shall be

subject to the following covenants, ditions, restrictions, liens, a charges, which are for the purpose of preserving the value and desirability of, and which shall run with, the Property and shall be binding on all parties having any right, title, or interest in or to the Property or any part thereof, their heirs, successors, and assigns, and which shall inure to the benefit of gach owner thereof; and (ii) that each contract or deed that may hereafter be executed with regard to the Property or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the following covenants, conditions and restrictions regardless of whether or not the Unofficial Copy Unofficial Copy Unofficial Coptet out or referred to in said contract, or deed.

used in this fficial ARTICLE 1 DEFINITIONS shall have the 1.01 Accessory Building. "Accessory Building" sh Unofficial Copy Unless the context otherwise specifies or requires the following words and phases ficial fficial Copyo Unofficial hereinafter specified: dwelling and includes detached garages, storage buildings, greenhouses, gazebos, tool sheds and pol houses.

1.02 Architectural Committee. "Architectural Committee" shall mean theficial Copy Unofficial Cop Unofficial Copy a structure other than the main pursuant to this Declaration to review and approve plans for the construction of Improvements on the Property.

Unofficial Copy Unofficial CoRy Unofficiaand Declaration of Covenants, Conditio of Rudder Pointe Official Copy 1.03chitectural Committee Rules Architectural Committee Res” shall mean the rules and regulations adopted by the Architectural Committee, as the same may be amended from time to time.

Conditi Copy Unofficia Unofficial Copy Unofficial Official Copy and Restrictions

ll mean the rules and regulations adopted by the Architectural Committee, as the same may be amended from time to time.

Conditi Copy Unofficia Unofficial Copy Unofficial Official Copy and Restrictions Unofficial Copy Unofficial Copy Unofficia committee created 1 Unoffic Unofficial Copy Unofficial Copy Unofficial Copy Official Copy Unoffic OF Unoffic Unoffic Official Copy 1363816 Page 2 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol: 15386 Pg: 41 Unofficial Copy Unofficial Copy Unofficial Copy Onofficial Copy Unofficial Copy Unofficial Copy official Copy Unofficial Copy Unofficial Copy mofficial Copy Unofficial Copy Unofficial Copy DY 1.04 Assessment. "Assessment" or "Assessments" shall mean any amount due to the Association by an Owner or levied against an Owner by the Association under this a non-profit corporation created by Declarant, which shall have the authorities and responsibilities described in this Declaration.

Declaration.

1.05 Association. "Association" shall mee Py Unoffic Copy Unofficial Copy 1.06 Board. "Board" shall mean the Board of Directors of the Association. Board members Sficial Copy Unofficial Copy Official Copy Ucard Bylaws. "Bylaws" shailenean the Bylaws of the as adopted by the Unofficial Copy Unofficial comay, but need not, be Member's of the Association.

7 dedicated or 1.08 Certificate. "Certificate" shall mean the Certificate of Incorporation of the Association.

and from time to time amended.

1.09 Common Areas. "Common Areas" shall mean any land conveyed, leased Unoffic mercopy Unofficial Copy assigned by Declarant, or a third party with the Association's consent, to the Association for maintenance and operation, including, but not limited to, the Park, Detention Pond

ercopy Unofficial Copy assigned by Declarant, or a third party with the Association's consent, to the Association for maintenance and operation, including, but not limited to, the Park, Detention Pond and easements, roads, entryways, roadways, rights-of-ways, parkways, median strips, sidewalks, drainage areas, parks, tras, paths, ponds, creeks, and lakes within the Property.

nofficial nofficial provided that assignment of rights 1.10 Declarant. "Declarant" shall mean BORD, LLC, its duly authorized representatives or offic BORD, LLC, as Declarant, must be expressly set forth in writing and the merc conveyance of a portion of the Property without written assignments of the rights of Declarant shall not be sufficient to constitute an assignment of the rights of Declarant coptheir respective successors hereunder.

1.11 Detention Ponda/Copy "Detention Pond" shall Drainage Easement.

Unofficial Copy Unofficial Co an the Detention Pond descobed in the Unoffic! Copy Unoffic Copy Unoffic 1.12 Development Period. "Development Period" shall mean a period during which Declarant reserves the right to facilitate the development, construction and marketing of the Rudder Pointe Subdivision and resaves the right to direct the size, shape and composition of the Rudder Pointe. Subdivision as provided here. The Development Pered commences on the date of the recording of the Declaration in the Official Records of Brazos County, Texas and continues thereafter until and ending on the earlier to poccur of: (i) one hundred twenty (120) days after the date geventy-five percent (75%) of the Lots that may be created on the Property are conveyed to Owners other thasopy Unofficial Copy determined by Declarant to be the end of the nofficial py Unoffi nofficial copy Unofficial

nt (75%) of the Lots that may be created on the Property are conveyed to Owners other thasopy Unofficial Copy determined by Declarant to be the end of the nofficial py Unoffi nofficial copy Unofficial 1.13 Declaration. "Declaration" shall mean this instrument as it may be amended and supplemented from time to time.

Unofficial Copy Unofficial Cop Declarant, or (ii) the Period.

v Unoffi 1.14 Drainage Easement. "Drainage Easement" shall mean the Easemens Agreement for Drainage and Detention recorded in Volume 14807, Page 217, Official Records, Brazos County, Texas, as amended.

nofficial Copy Declaration Covenants, Conditions, and Restric of Rudder Pointe Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Official Copy Unofficial Copy Unofficial Copy Unofficial Copy Official Copy 2 Unoffic Unofficial Copy Unofficial Copy Unofficial Copy Official Copy Unoffic Official Copy 1363816 Page 3 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol: 15386 Pg: 42 Unofficial Copy Unofficial Copy Unofficial Copy nofficial Copy Unofficial Copy Unofficial Copy Rofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffic UnofficialCopy Unofficial Copy Unessciabct for violations of 1.15 Family. "Family" shall mean the Owner owners of record of a Lot and persons related to such Owner or Owners of record within the second degree of relationship, plus no more than one other person.

Unofficial py Association may levy and copy 1.17 Governing Documents. "Governing Documents" shall mean this Declaration and the Certificate and Bylaws, es of the Association, standards of the Architecture py 1.16 Fine, Fine" shall mean the amounts this Declaration.

Committee, as amended

nts" shall mean this Declaration and the Certificate and Bylaws, es of the Association, standards of the Architecture py 1.16 Fine, Fine" shall mean the amounts this Declaration.

Committee, as amended 1.18 Improvement "Improvement" shall mean every structure and all appurtenances the of every type and ind, including but not limited buildings, outbuildings, storage sheds, patios, tennis courts, swimming pools, garages, storage buildings, fences screening walls, retaining walls, stairs, decks, landscaping, aping, pole signs, exterior a conditioning, water softener fixtures or equipment, and poles, pumps, walls, tanks, servoirs, pipes, lines, meters, antennae, towers and other facilities used in connection with water, sewer, gas, electric, telephone, regular or cable television, or other utilities.

thereto Unofficial Copy Unofficial Copy Governing al Copy 7 1.19 Lot tops Unofficial Copy Unofficial Copyminimum of 400 lots in the Subdivision.

Member. "Member" or ALCopys or "Lots" shall mean and parcel or parcels of land zoned for single-family residential land use within the shown as a a recorded plat of the Property, together with all mprovements located thereon Developer anticipates a membership rights to the nofficia Mortgage or Mortgages.

the Association.

ubdivided jalCopy Copy Unassi Members" shall mean any person(s) entity, or entities Unoffic Unofficial Copy Unofficial Copy 1.21 Mortgage. "Mortgage" e" or "Mortgages" shall meamany mortgage or deed of trust covering any portion of the Property given to secure the payment of a debt.

CO 1.22 Mortgagee Mortgagee" or "Mortgage Se shall mean the holder og of any 7 Unofficial Copy Unofficial Copy Mortgagee.

al Cop Ordinance No. 2265, official Co 1.23 "Ordinance” means City simple jaterest

.22 Mortgagee Mortgagee" or "Mortgage Se shall mean the holder og of any 7 Unofficial Copy Unofficial Copy Mortgagee.

al Cop Ordinance No. 2265, official Co 1.23 "Ordinance” means City simple jaterest Park Land described in the Drainage Easement.

1.24 Owner. "Owner" or "Owners” shallmean a person or persons, ty or entities, including Declarant, holding a fee in any Lot on the Property, but shall not include a Park. "Park" shall meant nofficial Copy Ur nofficialCopy CO amended.

al Co 1.26 Person. "Person" on Persons" shall mean an individual or individuals, entity or entities having the legal right to hold title to real property 1.27 Phase. "Phase" shall mean a portion of the Property which is separately dentified al Copy platted into Pots into ots Pots and/or blocks and said Brazos County, Texas.

Declaration of Covenants, Conditions, and Restrictions of Rudder Pointe Unofficial Copy Unofficial elal Copy Unofficial Copy Unofficial Copy and at is filed in the Official Public Records of 1.28 Plans and Specifications. "Plans and Specifications" shall mean any and all documents designed to guide or control the construction or erection of any Improvement, including, but not limited to, those indicating location, size, shape, configuration, materials, site Unofficial Copy Unofficial Copy Official Copy Unofficial Copy Unofficial Copy Unoffic Official Copy 3 Unoffic Unofficial Copy Unofficial Copy Unofficial Copy Official Copy Unoffic Official Copy Unoffic 1363816 Page 4 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 43 plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing glans, elevation drawings, floog plans, specifications on all building products and

s a a plans, excavation and grading plans, foundation plans, drainage plans, landscaping and fencing glans, elevation drawings, floog plans, specifications on all building products and consti techniques, samples Qbexterior colors, plans for uty services, and all x othegdocumentation or informatiog@elevant to such Im provement? se < 1.29 fat. “Plat” shall mean the pRits of all or portions of the R&Sperty recorded and to be S* recorded in the Official Publi@Records of Brazos County, Rexas.

C x80 Property. “Property” skéll mean the real property in @azos County, Texas deseringl i s Exhibit “A”, which is affached hereto and incorporated by reference into this Declagé ion.

ss ss \ SF 1.31 Resident. ‘Resigant” shall mean and refer to:cfa) each Owner of the fee sigtble title to in accordang® with the law and as permittegPby this Declaration, other tha Owner.

) Ss Ss 1.32 Rules. “Rules” shall mean the rules and regulations adopted by the Board of the Association as the same may be amended from time to time.

1.33 Subgvision. “Subdivision” shall mg@an the Rudder Pointe Subdigsion developed on the Pr@erty pursuant to the Plat(s).& & & g eo ARTICLE 2 Se Ss ec DRVELOPMENT OF THE PRORERTY : i « 2.01 Development or sal? by Declarant. Declarant med divide or subdivide the Property into & several areas, develop some of the Property, asi, at Declarant’s option, sell gy portion s of the Propertygree of the restrictions set fortysin this Declaration. > ey s 2.02 Addition ofand. Declarant may, at anywime and from time to time, adiany other lands

arant’s option, sell gy portion s of the Propertygree of the restrictions set fortysin this Declaration. > ey s 2.02 Addition ofand. Declarant may, at anywime and from time to time, adiany other lands to the Property, and upon such addition, this Declaration and the covenants, conditions, restrictions and obligations set forth herein shall apply to the added land, and the rights, privileas, duties and liabilities of thepersons subject to this Deg&ration shall be the é samg with respect to the added [sid as they are with respechto the lands originally . a coxfred by the Declaration. In ger to add lands to the Propgfty hereunder, Declarant shall be required only to recorgdh the Official Public Recordg st Brazos County, Texas, a Ss \ Notice of Addition of Land cgataining the following provisiogs: 4 se (1) A reference to thi: Declaration, which reference? shall state the book and. age numbers of the Ogtcial Public Records of Brazgé*County wherein this Deciarafbn is recorded; S S Ss 3 s ss & x & s (2)A statemenpthat the provisions of this Degfération shall apply to the adds land; and Ss (3) A legabfescription of the added landy® s 2.03 Withdrawal of Land. Declarant may, at any time and from time to time, reduce or withdrag> areas from the Property, agy upon such withdrawal, thig Declaration and the $ covesfants, conditions, restrictions &rid obligations set forth herey@shall no longer apply e togiose lands withdrawn. In er to withdraw lands fromdfie Property hereunder, “& Declagttion of Covenants, Conditions, ang@estrictions of Rudder Pointe ~ 64432 4} oe 1363816 Page 5 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 44

ovenants, Conditions, ang@estrictions of Rudder Pointe ~ 64432 4} oe 1363816 Page 5 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 44 Declarant shall be required only to record in the Official Public Records of Brazos County, [mas, a Notice of Withdrawal of Land containing the following provisions: RY (1) A;feference to this Declaratiog’ which reference shall statg*the book and page x gtumbers of the Official PubligRecords of Brazos County werein this Declaration is ce gf recorded; Ss RS Ss (2) A statement that the gsfovisions of this DeclaratiggsShall no longer apply to tke Ss withdrawn land; and ms Se YS (3) A legal description of the withdrawn land. ri Ss RS 2.04 Development ofPhases. Declarant will devafép the Property progressiveyy” in Phases & and may regSrd an amended and restaféd Declaration or a suppkment to this s Declarationsfo provide for certain provisigfis governing such Phase. $f the event of a conflict between the provisions of this Declaration and a supplement to this Declaration for a Phase, the provisions in the supplement for such Phase will control.

& CLE3 & & Ss GENERAL TRICTIONS ON LOTS s s oe All of the Lots shall be awned, held, encumbered, legged, used, occupied and enjazed Subject to the following limitatiMs and restrictions: & & Ss 3.01 Construction of Ingsrovements. No Improvemegts shall hereafter be construgted upon RS any Lot withoutfe prior approval of the Architectural Committee as requires By Article 6 ce of this Declaration. ee & 3.02 Antennas.

(A) tennas may be installed aad maintained in an Approyed Location unless

prior approval of the Architectural Committee as requires By Article 6 ce of this Declaration. ee & 3.02 Antennas.

(A) tennas may be installed aad maintained in an Approyed Location unless installation in the Appraed Location results in . reasonable Delay, Ss © Location results in Unregtsonable Delay, Unreasonaké Cost Increase or Signal es & and the Architectura& Committee may require paingsng or screening that does neg ; se result in Unreasoga le Delay, Unreasonable Cg Increase or Signal Impairmgtt.

s (B) Within five ey days after installation of oh Antenna, Owner shall nofity the eS Associatiog\in writing that an Antenna Bas been installed. If Owngs has not Py installes Ghe Antenna in an Appreged Location and the Assgéiation can ee dem rate that no Unreasonable glay, Unreasonable Cost ing@se or Signal s Impéfrment would have resulted om installation of the ontennen an Approved Lodation, the Association may require the Owner, at Owner's Cost, to move the Antenna to an Approved Location. If the Antenna could have been located in proved Location without Unreasonable Delay or Signal knpairment but with § the Antenna to an Appreved Location. é & Declaration of Covenants, Conditions, and Restrictions \ Sy of er Pointe & x SF . : 3 & s \ eee eaten ca Oe & & oO s 1363816 Page 6 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 45

. : 3 & s \ eee eaten ca Oe & & oO s 1363816 Page 6 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 45 (C) Fer purposes of this Section 3.02, the following are defined tegns: Ry & & & GC GS “Antena” means any exterior antegha, aerials, satellite dishes g@other apparatus (a) of . se ongSmeter or less in diameter thé®is used to receive direct broticast satellite service or & Quiameter that is used to reg@ive video programming seryiges via multipoint distributions , - services or to receive or tydfismit fixed wireless signals other than satellite; or (c) thét gis used to receive televigon broadcast signals. e Xe 3 “Approved Locatiog means that portion of a Les which is not visible from apy street, CF Common Area gCother Lot and preferably: (@%in the rear or side yard of tt Lot; (b) e mounted on a,pele, the dwelling unit or othemstructure below the fence ling®r otherwise x rear 1/3 oNhe dwelling unit. See (B) aPove for other criteria requiri§§ location in an Ss Approved Location.

‘Signalsfmpairment” means that te® ability of an Antenna tod&ceive or transmit & acceptable quality signals from an Approved Location is precludeg RS “sfnreasonable Cost Increase’ fieans the costs of installatios*maintenance or use of an a equipment. = AS x s “Unreasonable Delaytneans the installation, mai ance and use of the appare®us in

f an a equipment. = AS x s “Unreasonable Delaytneans the installation, mai ance and use of the appare®us in 4 the Approved Location is unreasonably delayed, Such as by a Bieapproval gr permit 3s . g 9 requirement. 9 9 9 ‘Yy ¥ (D) This S8ction 3.02 is to be interpretag as restrictive as possible wi $ not violating s the TelecoMmunications Act of 1996S" as amended from time & time, Federal Commercial Commission (FCC) regulations, or similar statutes and regulations. The Board of Directors of the Association may promulgate guidelines which further define, addregsSSr restrict the placement of & enna and servicing of samegprovided, however, suchgguidelines must comply wit} the Telecommunications Ast of 1996 and FCC RS reg@ations. & & S 3.03 g\insurance Rates. Nothing sBall be done or kept on a Lot teat would increase the rate of CF insurance or cause the cagéellation of insurance on any dot or any of the Improveme located thereon withoutgfe prior written approval of the@Board. & ) ce) Sy Part Ss soe & 3.04 Subdividing. No Lg? shall be further divided or subdivided, nor may any eas Ment or & other interest thenéin less than the whole be cegtveyed by the owner thereof, without the , s prior written agproval of the Architectural Gommittee; provided, howevegy that when & Declarant is ge owner thereof, Declarant gfay further divide and subdivigé any Lot and & Architectural Committee.

3.05 Signs; Baas. No sign or flag of anykind may be erected or matitained on any Lot 3 withayt the consent in writing ofthe Architectural Committeg’except the following

the s Architectural Committee.

3.05 Signs; Baas. No sign or flag of anykind may be erected or matitained on any Lot 3 withayt the consent in writing ofthe Architectural Committeg’except the following pegflitted signs/flags; ce ce gs Declaggtton of Covenants, Conditions, and i@estrictions 3 of cage Pointe "ee Se s s s 1363816 Page 7 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 46 (1) signs advertising the Lot for sale; (2) not more than two (2) political signs erected no more than ninety (90) days prior & church or school spirit signs or flags; S& SS a) security signs; & CS & wt (5) one (1) American fla§ displayed in accordance witi¥ederal law; s ss (6) one (1) Texas flagdisplayed in accordance withgState of Texas law; and \ SX (7) U.S. armed Tore brenee flags. Ss s The flag pole atagied to a dwelling unit ora feaéStanding flag pole must be cgfstructed « with permanent, Yong-lasting materials with nish that is harmonious tothe dwelling es and any dewriorated flag or flag pole muggbe repaired, replaced or rem@ved. é oO No permitted sign shall exceed fives%5) square feet (or such later size specifically Ss allowed by law) without the prior written approval of the Association. Declarant or the Architectural Committee shall have the right but not the obligation to enter and remove an shapproved sign, flag, advertisement, billboard or structuregvhich is placed on any ss Lefwithout the Declarant’s or Ne Architectural Committee's, Sonsent, and in so doing, a

on to enter and remove an shapproved sign, flag, advertisement, billboard or structuregvhich is placed on any ss Lefwithout the Declarant’s or Ne Architectural Committee's, Sonsent, and in so doing, a connection therewith, or atigfhg from such removal. Theoard of the Association may® 3 issue additional guidelings regarding the size, location mounting and duration of display & of signs within the Sukdfision. e eC Ao & 3.06 Rubbish and Debris - No rubbish or debris of ag kind shall be allowed or pednitted to s accumulate be m upgrra Lot and no odors shall permitted to arise therefrom so as to render the Lair any portion thereof unsagitary, unsightly, offensive or @étrimental to s any other L@t or its occupants. Refuse, garbage and trash shail be kept at all times in .

& covered gShtainers and such containg$ shall be kept within encigSed structures or & s appropg&tely screened from view sogfiat they are not visible fromgmy street, Common s Area, or Lot. Trash containers must be promptly returned to their enclosed structures or screening following trash pick up and in no event shall a trash container remain visible fromeany street, Common Area, orgsther Lot overnight. If rubbiggor debris accumulates ugén any Lot in violation of ss provision in the judgment of the Association, the b eSsociation may remove the gal ish or debris, and chargag® special assessment to the & Ss Ss Owner of the Lot for the cote of removal. Ss a87 Noise. No noise or otegt nuisance shall be permittadto exist or operate upon a Lek so So as to be offensive or @&trimental to any other Lot org its occupants. Se

a87 Noise. No noise or otegt nuisance shall be permittadto exist or operate upon a Lek so So as to be offensive or @&trimental to any other Lot org its occupants. Se S* 3.08 Lighting. No extsfior lighting of any sort shall S88 installed or maintained on &1ot where the light sources offensive or a nuisance togeighboring property, except cu reasonable s security or lgftascape lighting that has the BPproval of the Architectural Gemmittee.

se oy RS 3.09 Nuisangs’ and Lateral Support. Neshoxious or offensive activity© or work shall be Ss conducted upon any Lot so as to impair the structural soundness or integrity of any Improvement on any other Lot, or which may be or may become an annoyance or nuisgnce to the neighborhood. = ss 3 3 e & eF S S » De§taration of Covenants, Conditions, ad Restrictions Rudder Pointe oe Co agrnososes2 4 oS 1363816 Page 8 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 47 3.10 Repair of Improvements. All improvements upon a Lot, shall at all times be kept in good conden and repair and adequataly painted or otherwise maintshed by the Owner or Ss Oygriers thereof. & & RS 3.11 Alteration or Removal of 4mprovements, Exclusive of normal maintenance, any . alters the exterior appetffance of said Improvement,Shall be performed only witkcthe re 3.12 Roofing Materials The surface of all roofs of Hincipal and secondary stru ‘res ona & Lot shall be .@&tal, shingle, wood shakeg'tile, or dimension archit ral quality

al Committegs® & re 3.12 Roofing Materials The surface of all roofs of Hincipal and secondary stru ‘res ona & Lot shall be .@&tal, shingle, wood shakeg'tile, or dimension archit ral quality S&S composition, gshingle. "Three tab” composition shingles shall be vatowed. The & Architectuggt Committee shall have aigMority to approve other rogf‘treatments and & s materialgfwhen in its determination suofi treatment and materials in §¥e form utilized will s not be a detriment to the quality of the neighborhood. The roof on an Improvement will be replaced using the same material and color unless otherwise approved by the higec s rn) & CG CG Wething in this Section 3.12 she prohibit shingles that are defigned primarily to be wind ee And hail resistant, provide hgting and cooling efficienciegreater than those provided « by composite shingles or provide solar generation capabilities; provided, such shingles SF shall resemble shingles gUthorized for use in the Subdigtsion, shall be more durable@hd & match the aestheticgSof those Lots surrounding thetot. $ Ss » s & 3.13 Solar Equipmegé During the Development Pg¥tod, in the event an Owner desires to use RY solar panels, pr other solar equipment in casmiection with the use of any Lst, the location .

& and installéffion design thereof shall begstibmitted to the ArchitecturaSCommittee and & s approvalySf such design, including tye aesthetics thereof, shall required before s construction may begin.

After gse Development Period, solagjanels or solar equipment myst be installed with the 3 prig approval of the Associatiag®on the roof of an improvegfent allowed under this CF

construction may begin.

After gse Development Period, solagjanels or solar equipment myst be installed with the 3 prig approval of the Associatiag®on the roof of an improvegfent allowed under this CF @Cclaration or in a fenced yar $f mounted on the dwellinggScated on a Lot, the solar & anel or solar equipment: ney not extend higher tha@ or beyond the roofline; a must conform to the slop Of the roof and have a top edge parallel to the roofline; (¢ , se available in the markepplace; and (d) may not be ip@talled in a way that voids mmerial than the fence linestind may not be installed in aWay that voids material warranfies.

g ¢ 3S e 3.14 Driveway. Axdriveways shall be constructgd of concrete. The Architectyral Committee & shall have ge right: (a) to prescribe a paéicular design for the drivewayPapron on a Lot, « s and (b) tg’impose limitations on driveway design, including materials, aprons, location s and point of contact with dedicated roads, streets or private driveways within the Property.

3.15 Tati. The Architectural Committe shall have the right to approve the location of any CF ee used or proposed in congettion with a single family waning, structure, including .3 nk Ss s for storage of fuel, wal * oil or LPG and including sy ming pool filter tanks. (Nos etlaration of Covenants, Conditions, nd Restrictions CP Ce 8 obt Rudder Pointe oS cod Ss s 1363816 Page 9 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 48 F ae ee

8 obt Rudder Pointe oS cod Ss s 1363816 Page 9 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 48 F ae ee elevated tanks of any kind shall be erected, placed or permitted on any Lot). All tanks shall be screened so as not to be visible from any other portion of the Property.

\ 3s 3 3.16 Undergfound Utility Lines. Except {ofthe overhead utility lines runéing along the right of SF waysef Old Reliance Road on the*Southeast boundary line of (8 Property (“Overhead a P@ver Line”), no utility lines, i ding, but not limited to, wirgs or other devices for the & sommunication or transmissio of telephone or electric curreat or power, cable television » gor any other type of line ogtire shall be erected, placed@r maintained anywhere in ae upon any portion of the Rgdperty unless the same shall pe contained in conduit or cakjés & installed and maintaing& underground or concealecgn, under or on tmprovemert$ as s approved in writing ky the Architectural Committeesprovided, however, that no pgpvision 3 hereof shall be degmed to forbid the erection of porary power or telephone gfructures CF incident to the géfstruction of Improvements@hich have been previously ePproved in & writing by Hg aicctural Committee. All li@és servicing Lots from the Oysthead Power S location, fYpe of installation equipment, trenching method and other aspects of installation for both temporary and permanent utilities, shall be subject to review and approvalby the Architectural Committee. 4 a

d permanent utilities, shall be subject to review and approvalby the Architectural Committee. 4 a Le except by Declarant, unleg¥adequate provision is madgfor proper drainage and & proved by the Architectural Sommittee. s = 3.4% Hazardous Activities. Ng“Activities shall be conductedson a Lot and no Improvemé x shall be constructed og Lot that are or might be ungéfe or hazardous to any pergg? or s property. Without iggting the generality of the forgoing, no firearms or firewors shall s be discharged upog the Property, and no open fites shall be lighted or permitted on a Lot SF except in contajgst barbeque units while atteygfed and in use for cooking pgtposes, or Ss chimneys (ogthimineas). & 8 Ss Ss Ss 3.19 Mining and Drilling. No oil drilling, oil development operations, oil refining, quarrying or mining gperation of any kind shall be permitted upon or in any Lot, nor shall oil wells, & tanks, &nnels, mineral excavations, @& shafts be permitted upon Lot. No derrick or & othep structure designed for us@sin boring for oil or naturalogas shall be erected, mgintained or permitted upon ag Lot. No well, pump, shaft, Sing or other facilities for & te removal of subsurface wetter shall be placed or maing@ined on any Lot, and no s boring, drilling, removal or exploration for subsurface wager or the injection of water ORS ." waste water shall be condé&ted on any Lot. RS © 4 > $20 Machinery q gf Without th $n iation or D & ss. achine and Equ ent. it out t e approve e Association or pect it, no

ion of water ORS ." waste water shall be condé&ted on any Lot. RS © 4 > $20 Machinery q gf Without th $n iation or D & ss. achine and Equ ent. it out t e approve e Association or pect it, no RN machinery or equigment of any kind shall be plated, operated or maintained pon or & adjacent to any ds8t or Common Area except gifch machinery or equipment is usual , s and customarysin Brazos County, Texas, ipgconnection with the use, mathtenance, or & constructiongéf a private residence or agSurtenant structures or recreftional facilities Ss maintaine®by the Association; providedfowever, such machinery or efuipment may be placed, operated or maintained by any governmental or quasi-governmental agency, or by any public utility, in the performance of its legitimate functions. All heating and air conditigaiing equipment must be locageu at the rear of the dwellin gdtside of the side lot 3 settygtk or at the side of a dwelling Hot enclosed in the rear yards nce. No heating and Declar: tidh of Covenants, Conditions, and ReBtrictions 9 of R r Pointe & 1363816 Page 10 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 49 air conditioning equipment will be located on the side of a dwelling within the rear yard nos Ss s s 3.21 Tatecters Structures. No tape shack or other temporary, @tilding, improvement or & Committee; provided, howarer that the Declarant may aintain or authorize tempora & structures necessary for orage of tools and equipstént, and for office space ; s architects, builders andgoremen on a Lot during any geriod of actual construction, waich

aintain or authorize tempora & structures necessary for orage of tools and equipstént, and for office space ; s architects, builders andgoremen on a Lot during any geriod of actual construction, waich & authorization, if giveg shall include the nature, ve, duration and location gsuch s structure or structugss. ys .

icl@B: Vehicles: Garage Doors. . trailer, recreational vehicle ent, boat, or « i gf, wrecked, junked, or wh inoperable vehicle shall "kept, parked, P s stored, orgaintained on any portion of driveway or front yard, in t of the building & line of th® permanent structure, and sae shall be kept, parked, stored or maintained on s other portions of a Lot only within an enclosed structure or a screened area which prevenis the view thereof from adjacent Lots or streets. No dismantling or assembling of 4 motavehicles, boats, trailers, reg@ational vehicles, or other resthinery or equipment & Siaish rules and regulationgegarding the definition of “regBonable time periods.”

s 3.23% Mobile Homes, Travel Trai@rs, Recreational Vehicles. Ne’mobile homes shall be parkgit rs or placed at any time opany Lot. No travel trailers optécreational vehicles may bexépt Y on any Lot unless engfésed in a garage of parked gf as not to be visible from ag@$ining s property or public yt private thoroughfares; prgvided, however, if a travel sailer or 3 recreational vehjsle is not enclosed in a garage, the Architectural Committee must CF approve the lec&tion of its storage site. The restrictions regarding trayeP railers and a recreational, whicles shall not apply to guests staying at any Lot for less Pian forty-eight ¥ (48) hours. & é 3.24 Fences.

ts storage site. The restrictions regarding trayeP railers and a recreational, whicles shall not apply to guests staying at any Lot for less Pian forty-eight ¥ (48) hours. & é 3.24 Fences.

(A) No fence, wall, or hedge skgi’be built or maintained forwaf of the front wall line of ae main dwelling unless appmved by, the Architectural Cgmmittee, which approval _ se ay be granted or denied in itgSole and absolute discretion. &* x Ss st st Ss (B) No chain-link or haackwilre fences may be bullae maintained on any Lot. & es (C) Unless othervgge g approved by the Architec' 4] Committee or as providedgse| Slow, é 7 Sat : s any fence built orghaintained on any Lot shajt*be constructed only of soli? wood, 4 masonry or wrought iron or aluminum panels {dark brown or black), with tke finished oo (smooth) side fasting the streets, Common Agtas, and/or adjoining properties which are S&S not part of thgSubdivision. Metal fences redist be accompanied by vegetative screening & ofa sufficight density to provide 100 perggnt opacity to a height of four #) feet.

Ss Ss Ss (D) Declarant, in its sole and absolute discretion, may erect fencing on the boundary between any Lot and a Common Area, and the Owner of the Lot shall be responsible for mainigNance and repair of the ate once erected using thesame materials and wogxmanship used in the original gastallation. > .

s Ss s 0 ration of Covenants, Conditions, an estrictions udder Pointe > eV00564432 4} Se 1363816 Page 11 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Volk 15386 Pg: 50 3.25 Animals — Household Pets. No animals, including pigs, hogs, swine, poultry, wild animals, horses, cattle, sheep, goats or any other type of animal not considered to be a

& & 3.25 Animals — Household Pets. No animals, including pigs, hogs, swine, poultry, wild animals, horses, cattle, sheep, goats or any other type of animal not considered to be a domestigshousehold pet within the orginary meaning and interpretation of such words ey may keKept or maintained on Lot. N8'domestic household pet shalPbe allowed to make Ce an gofeasonable amount of noise to become a nuisance, angio domestic pets shall Oe beaillowed on the Property othegthan on the Lot of its Owner en when confined to a & Pash. No animal may be stabled, maintained, kept, care@for or boarded for hire or s No domestic household shall be allowed to run at lage and all of such pets shall & kept within enclosed aréSs which must be clean, sani€iry and reasonably free of regise, s insects and waste a times. Such enclosed areg*shall be constructed in accasxdance 3 with Plans and Specifications approved by theArchitectural Committee, skall be of @ with the provigns hereof, and shall be scrgéfied so as not to be visible fo! any other & portion of theProperty. No more than twee) adult dogs and two (2) agait cats may be > kept on a siigle Lot. All domestic houseNold pets shall be kept in stricMaccordance with all local laws and ordinances.

3.26 Maint nce of Lawns and Plantin Stach Resident shall keep althrubs, trees, grass & and gfantings of every kind on sug Resident’s Lot cultivated, psaned, and free of trash S| an@other unsightly material. Tras, shrubs, vines and plants et die shall be promptly & : rSmoved. Declarant, the Ass8tiation and the ArchitecturaSGommittee shall have the S* .

ed, and free of trash S| an@other unsightly material. Tras, shrubs, vines and plants et die shall be promptly & : rSmoved. Declarant, the Ass8tiation and the ArchitecturaSGommittee shall have the S* .

right at any reasonable timedfter giving not less than ten@ays’ notice to Owner to curegs . any violation of this provisfon, to enter upon any Lot tgreplace, maintain and cultiv s the Owner of the Lot g§ provided in Section 7.06(D\tlow. s Re 3.27 Landscape Desi Landscaping Structures. All landscaping shall be deaiined ina e far as practt able, the natural local la dScape environment throug Rise of native s materials, Matural drainage, indigenous Pant selection, non-native plat selections that perform well in this region, and site design. All landscaping designs shall install live, growing god covering the front and sige, yards within thirty (30) days of occupancy of and Growing condition. All front ane side yards between the street and the front of rear ; se yagf fences must be irrigatedXwith automatic sprinkler sypiems. No unenclosed & kfidscaping structure, such ass¥ pergola or trellis, may be cogStructed within the setback Siines on the Lot or within any easements on the Lot. Owgers should not remove moregS . a trees than are necessary {er the construction of the Imgrovements on the Lot. Ownesé ce are encouraged to pro and fence off any and all trees and natural areas to remayyon

he Imgrovements on the Lot. Ownesé ce are encouraged to pro and fence off any and all trees and natural areas to remayyon RY construction, whichould affect tree growth and gurvival of any and all trees and natural x areas to remain esfthe Lot. & & & a oe & 3.28 Constructiongind Sales Activities. & & (A) Notwithstanding any provision herein to the contrary, this Declaration shall not be construed so as to unreasonably interfere with or prevent normal construction activities during ape construction of Improve! S$ by an Owner (includin @bclarant) upon any Lot yathin the Property, or the gale of any Lot thereafter. Specifically, no such > cogétruction activities shall be géemed to constitute a nuisagte or a violation of this Y ss ‘Sy S a 3 3 S < Declarat iM of Covenants, Conditions, and ReStictions of Ruger Pointe & foosge432 4 Go Cc %, %, 3 %, § o Xs & oe ey se ys $3.31 Garage Conwersiongs No garage or any portiogs thereof, may be constructgé into 1363816 Page 12 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol 15386 Pg. 51 ‘Y Y a es Se Declaration y reason of noise, dust, pr Snce of vehicles or const fon machinery, posting ofsigns or similar activities gfovided that such construct®n is pursued to completion with reasonable diligence and conforms to usual construction practices in the area. No building material of any kind shall be placed or stored upon any Lot until the Ownegshereof is ready to commengs the Improvements, and thegathe material shall be & plag within the property lines, the Lot upon which the Ipsprovements are to be

ced or stored upon any Lot until the Ownegshereof is ready to commengs the Improvements, and thegathe material shall be & plag within the property lines, the Lot upon which the Ipsprovements are to be emtted and shall not be placedgf the street or on any other g&it of the Property. In the & vent of any dispute regarding such matters, the Architeciyfal Committee may grant a y s\ temporary waiver of the applicable provision, for a period ef time to be determined by th . Architectural Committeadh its sole and absolute djsfretion. At such time as thé oO Declarant ceases usi ny Lot as a model home or,s4les office, the Lot shall be ale@red restrictions contained herein. S S x Ss Ss ° x x (B) Site cleagitg or construction on any pst within the Subdivision is,grot permitted without first @btaining Architectural Commtee approval. Site clearing terial must be transporte in a covered truck. No bugfing of brush, trees, or trashsIs allowed in the Subdivision. Trash fires are not allowed in the Subdivision.

(C) Eath construction site on a Lot gust have a suitable trash receptacle. Building sites & mustbe cleared of litter each daySnd stored in the trash recegfacle for removal when =x fuy? Trash receptacles must igerain covered at all times in gder to prevent the trash gf m scattering in case of wi . The dumping of constrygtion trash is not permitted s «, within the Subdivision. 4 4 Ry prior to any on-site onstruction. These toilets Sill be placed in an inconsguous location, with the d8ér facing away from any viewfrom the adjacent street or ré8idence.

Clean and sanita} conditions are required for giMoilets. Ss

hese toilets Sill be placed in an inconsguous location, with the d8ér facing away from any viewfrom the adjacent street or ré8idence.

Clean and sanita} conditions are required for giMoilets. Ss provide mgffbox kiosks useable by multigi® Lots in lieu of mailboxes ogsfidividual Lots.

3.30 Sight Lines. No fence, wall, hedge, or shrub planting which obstructs sight lines from streetsgsn the Property shall be plagsd or permitted to remain on any corner Lot within S the da defined by a line drawn Setween two points located forty (40’) feet from the CF pgett of intersection of the stregefight-of way property lines iggfiediately adjacent to the & 4 chord, and not arc. No trea all be permitted to remain, Within such areas, unless th <& foliage is maintained at syfficient height to prevent obstedStion of such sight lines.

enclosed living spade unless an alternative garag& of at least equal size is cooStructed and the Architegtural Committee first apprgves the Plans and Specifigations for conversion ang{construction in writing. ry Pa 3.32 Common Afeas. The Association may establish Rules for the use or gihibitions against use from time to time of the Common Areas, including, without limitation, parks within the Property.

Declaratiog’ Ot Covenants, Conditions, and Resiftions & 12 & of Bua ‘ointe Ss s s 3 eo a > “oO Xe TET OTE, A & s a os & § s Ss 1363816 Page 13 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 52

TET OTE, A & s a os & § s Ss 1363816 Page 13 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 52 3.33 Pools. Pools may be constructed within the setback lines in the rear of the dwelling and shall noXadversely impact sight lines an adjacent Lots. RY a temporary or permanent @iure shall be placed within gry (30) feet of the front & ‘property line of any Lot withor® the prior consent of the ArchRectural Committee. .

& & & Rain Barrels. Any rain, patrel or rainwater harvesting system ona Lot: (a) may nosbe located between the faefit of the residence located ogthe Lot and the adjacent street: () s must be of a color ggfisistent with the color’schengf of the residence located one Lot; 3 and (b) may not ka located in an area visible fram a street or another Lot unless there is e prohibits the gonomic installation of the devte on the Lot. OF oO oO & 3.36 On-StreetParkin . No Owner or Resid@ht will or will allow any guest BF invitee to park a vehicle on the streets of the Subdivision overnight or for a period of more than twelve (12) consecutive hours. 4 4 3.37 Setack Requirements. No builggg shall be located or erected nearer to any Lot line & tan the building line shown g@the recorded plat of the PgSperty subdivision section & Which includes such Lot. s& s Ss 3 3 3 3 n. Each Owner shall comphestrictly with the provisions of fie & Declaration as the sage may be amended from timgsto time. Failure to comply wigs’any

des such Lot. s& s Ss 3 3 3 3 n. Each Owner shall comphestrictly with the provisions of fie & Declaration as the sage may be amended from timgsto time. Failure to comply wigs’any s provision of the Degération shall constitute a violagn of this Declaration, and | give 4 rise to a cause ofaction to recover sums due for damages or injunctive religf or both, SF maintainable bydhe Board on behalf of the éSsociation or by any aggravgfed Owner.

oe Declarant, fogtitself, its successor or assi§ns, reserves the right to, enforce these Lots contrlled by these covenants witih the Property. The reservation of this right of enforcement shall not create an obligation of any kind to enforce the same.

3.39 No Wairanty of Enforceability. Whjig*Declarant has no reason to lieve that any of the & restgctive covenants or other terms and provisions containpd in this Article 3 or elgSwhere in this Declaration ang‘or may be invalid or unenforg&able for any reason or to & & Owner acquiring a Lot ing iance upon one or more syehl restrictive covenants, termg%r provisions shall assugg@ all the risks of the validit nd enforceability thereof age by s - acquiring the Lot, ages to hold the Declarant haygess therefrom. Ss s the Architect Committee. All windows gh the front of the dwelling wighave interior & blinds with Sfats of 2 inches or greater. Wo foil, cardboard, plastic or offer material not

s the Architect Committee. All windows gh the front of the dwelling wighave interior & blinds with Sfats of 2 inches or greater. Wo foil, cardboard, plastic or offer material not Ss expresslySnade for or commonly usedy the general public for windSw coverings in a residential subdivision of the same caliber as the Subdivision may be installed in the front Wingows of the dwelling.

& 3 “ap oy A 2 38 Compliance with Declar: AS A \ R R 9 9 GS RS 3 3 3 3 Se of Covenants, Conditions, apgestrictions Ss es ofsRtdder Pointe 400564432 4} 1363816 Page 14 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Volk 15386 Pg: 53 ss ss - - \ ARTICLE 4 4 RESIDENTIAL RESTRICTIONS ON LOTS 4 GC CG CG 4.01 Huet Use. All Lots shall Be improved and used solelyor residential purposes Se i usive of a garage, fencing’ and other such improve ts as are necessary or & ustomarily incident to resid&Htial use. No Owner shall o&cupy or use his Lot or anys” eS Improvements constructeg thereon, or permit the sagite or any part thereof to occupied or used for any“purpose, including religious sSther than as a private residesite.

x Subject to Section 4685 below, all Lots shall be eed and improved for singlegfamily 3 Anything herein ta the contrary notwithstanding, any Lot may be used or impgoved for a Ce greenbelt, openSpace and/or drain field pugs No Improvement may beSonstructed a upon any Logthat would unreasonably okgtruct the view from any othe Lot, and the

ny Lot may be used or impgoved for a Ce greenbelt, openSpace and/or drain field pugs No Improvement may beSonstructed a upon any Logthat would unreasonably okgtruct the view from any othe Lot, and the s positionin & all improvements upon LojéSwithin the Property is hereb¥yexpressly made subject tArchitectural Committee revi@w. The Architectural Commitee may, but shall not be required to, prevent or allow the construction of a proposed Improvement based upon the effect it will have upon the view from any particular Lat. The Architectural Compéitee may consider the effeafihe Improvement will haved the Property as a & wh@e, it being expressly underggeod that neither the Architegtural Committee nor the RS mbers thereof shall be liabig’fo any Owner in monetary dgiages or otherwise due to & the construction of any Imprsvement within the Property of the creating thereby of ans® Se obstruction to the view froggssuch Owner's Lot or Lots. S Ss 02 Unrelated Occupants,< Ell residents of the ImprovegEnts on a Lot except one ( xShall A & 4.03 Home Offices. otwithstanding anything co Sned in Section 4.01 to th ntrary, an x x x Oo ) oO (A) the ewStence or operation of the bafiness activity conducted fron such office is not apparent or detectable by sight, sound or smell from outside the Lot; (B) t gtonduct of business from sugh home office does not involyé the regular visitation st) there is no designated pasting area on the Lot to accommodate clients; and s 3 3 3

volyé the regular visitation st) there is no designated pasting area on the Lot to accommodate clients; and s 3 3 3 & (D) the Owner compligsSwith all other regulations (Sued from time to time by die “ > age . 7 al .

& Association concerningstiome offices. oe e ) 4 4.04 Garages; No Carpdits. No Lot shall have Improvements erected which do ndt provide x fora minimum a two-vehicle garage. Not rports may be maintained sn any Lot s without Arctgectural Committee approval. se ; s C&S x s 4.05 AccessonfBuildings. No more than onef1) Accessory Building may bf constructed ona Lot unless otherwise approved in writing by the Architectural Committee. Every Accessory Building shall be compatible with the dwelling to which it is appurtenant in terms.gbf its design and materialgsomposition. The design, gize and location of Acgéssory Buildings are subjegt-to the prior written approval by the Architectural Géinmittee. No Accessory Builg@ifig may be a metal building. fhe roofing material of an shccessory Building must best the same material used ont e main dwelling, and the Ee & & & x OS Degétation of Covenants, Conditions, agft Restrictions Ss ofRudder Pointe > .§90564432 4} oO & & é S S S 1363816 Page 15 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Volk 15386 Pg: 54 exter finish and materials must eshpliment the main dwelling dn Accessory Building Ss may not exceed eight (8) feet iagheight or have total floor areg in excess of 80 square > f8et without the approval of theSArchitectural Committee. & & 4.0@8 Building Height. No Imprgsement will exceed the maxiggum structure height set forthgh

al floor areg in excess of 80 square > f8et without the approval of theSArchitectural Committee. & & 4.0@8 Building Height. No Imprgsement will exceed the maxiggum structure height set forthgh . AS a supplemental declarafion for the applicable Phase? if any, without the prior watten ce approval of the Architectural Committee. For purpagés of this paragraph, height gwall be s measured from thegdundation slab of the propo Improvement to the ridgelig® of the 4 roof of the propoged Improvement. 4 S GS CG oS 4.07 Building Matg#als; Dwelling Size; Roof. Algingle family dwellings shall k& of recognized i es standard cB ctrustion quality, and all ex®Tiors (exclusive of doors, wigsows and similar & S openings} shall be constructed as sef°out below. The front elewstion of a dwelling Ss (measured from base plate to ceiling plate, excluding windows and doors) shall be a minimum of fifty percent (50%) masonry materials or other material specifically approved | in wating by the Architectural Gammittee. Chimneys on gi dwellings shall be eS cagstructed of masonry mategals; provided, however, chy ney chases may be. uv Shstructed of hardi-board sidktg. Masonry includes stucag? brick, rock and all other & materials commonly referregto in the Bryan/College Stan, Texas area as masonry sy gs Each residence shall inclywe an enclosed attached or felached two (2) car garage s other structure sufficieytto meet the requirements gSections 3.22 and 4.04 ade.

Masonry does not ingffde concrete hardi-board sidi#§. Unless an exception is gt#nted by the Architectural@ommittee, all single family Qwellings shall contain no a the greater of 1200 Square feet or the number gfsquare feet of enclosed li iNg space,

e family Qwellings shall contain no a the greater of 1200 Square feet or the number gfsquare feet of enclosed li iNg space, . s supplementabdeclaration for the applicakgs Phase. Roof gables in ee front of the ; x dwelling mgst have a pitch of 8:12. & & & 4.08 Floor Plan/Elevation Repetition. To avoid repetition and a monotonous look in the i Subdivision, the following guidelines apply regarding the repetition of floor plans and cleats s s s £ When building a house hag the same floor plan and ke" same elevation, whether & Ss n RY % A the same or opposite sidgSt the street, three (3) full lotg@ust be skipped. Ss A 3 3 (B) When building a house having the same floor plag®and a different elevation onghe same side of the stregsPtwo (2) full lots must be skipg®d. S < ) ce) oO (C) When buildingSa house having the same flodr plan and a different elevatiin on the opposite side ofthe street, one (1) full lots mystbe skipped. se ~ Gg & (D) Housegin cul-de-sacs are consideragto be on the same side of theStreet. « (E) The Architectural Committee may impose different repetition rules on Phases which , include townhomes and/or patio homes. | 3 Q 4.09 Cofétruction in Place. The useCOf prefabricated materials, (@Slucing antique homes & & %, Sone from other locations, speil be allowed only with the édr written approval of the & S rchitectural Committee. Ss Ss s declaration of Covenants, ConditigeS, and Restrictions & & 15 1363816 Page 16 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Volk 15386 Pg: 55 3s 3s

rictions & & 15 1363816 Page 16 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Volk 15386 Pg: 55 3s 3s Ss Ss ARTICLE 5 GREENBRIER vines ASSOCIATION 5.04 OrgSfization, The Declarant hasCor will cause the formation sshd incorporation of the e ASSociation as a nonprofit corpetation created for the purpos@8, charged with the duties, gs snd vested with the powers pfscribed by law or set forth igfts Certificate and Bylaws ory® 3 in this Declaration. vemanine Certificate nor Bylaws ee for any reason be amended © or otherwise changed ord erpreted so as to be insane nt with this Declaration. x & 5.02 Membership. Any Person or entity upon becgming an Owner shall autopSatically s become a Member? of the Association. Membe%S$hip shall be appurtenant toXind shall run with the Pegterty interest, which qualifigstthe Owner thereof for membership, and RS membership 9s y not be severed from, or.}yany way transferred, pledgged, mortgaged, & or alienategSexcept together with title tethe said property interest. Shere are three o ° s classes gfMembers as follows: s s Class A Members: The Owner(s) of each Lot (other than Declarant); and sess B Members: The Peciestt Ss s 5.03 y¥gfing Rights. Two (2) classegé? Members shall have the foystving voting rights: od Ss ~ & 4 (a) Class A Magibers are all Lot Owners other than Declarant. Class & & (b) Classg8 Member is Declarant and hg the number of votes for eagéLot or s portion of the Property owned as specified in # Bylaws. The Class B Ma&hbership

bers have one votegs€r Lot. x & & (b) Classg8 Member is Declarant and hg the number of votes for eagéLot or s portion of the Property owned as specified in # Bylaws. The Class B Ma&hbership 3 ceases and converts to a Class A upon the gérlier of when the Class A Mginber votes > exceed the tefl number of Class B votess$t when Declarant declares sf end of the ce Developmegt Period. e & Where more than one (1) Owner owns and holds a record fee interest in a Lot, such Owner(s) may divide and cast portions of the one (1) vote as they decide, but in no event ghall any one (1) Lot yield moga than one (1) vote.

en y one (1) Lot y oe (1) Ss os &F Owner, Resident or Mem shall not be in “good stan ie if such person or entity eo : (a) in violation of any portigh of this Declaration, or any Sule, or (b) delinquent in the _.o full, complete and timely ayment of any Annual Assessthent, special assessment, & any other fee, charge ee ine which is levied, payapis or collectible pursuant toa & provisions of this Declagation, the Bylaws or any Rules RS cS x & s The Board may wake such rules and regulatishs, consistent with the ternss of this eS Declaration andghe Bylaws, as it deems advigable, for: any meeting of Mewbers; proof e of membershiin the Association; the statugBf good standing; evidence gTight to vote; & the appoinggent and duties of examineggand inspectors of votes; t SDrocedures for s actual vat?ig in person or by proxy; resistration of Members for vQurig purposes; and such othér matters concerning the coMduct of meetings and voting~as the Board shall deem fit.

5.04 Poyesis and Authority of the Asgeffation. The Association sha have the powers of a &

hall deem fit.

5.04 Poyesis and Authority of the Asgeffation. The Association sha have the powers of a & wer as are expressly set, h in this Declaration. wigs in any way limiting the & Ss Deckwation of Covenants, Conditions, ang\Restrictions 3 of ofdRudder Pointe (oy oe oe 1363816 Page 17 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol: 15386 Pg: 56 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Copy Unofficial Copy Unofficial Copy Unofficial Copy Copy genesality of the two preceding sentences, the Association, Unofficial Copy Unofficial Copy Unoffi C (D) (B) of the Association, shall have the following powers Un amyCopy at allmes: Un Unofficial Copy Unofficial Copy Unofficial Copy the Board acting on Unoffic gopy Unofficial Copy Rules. To make, establish and promulgate, and in its discretion to amend or repeal and re-enact such Rules not in conflict with this Declaration and the Certificate& it deems proper to address any and all aspects of its functions. The Association sall have the authority to establish committees pertaining only to specific sections of the Subdivision. Any committee, which elects to oversee a particular section, shall have the power to establish section rules, which shall apply only to sections overwhich the committee has oversight. Any such section rules may be more restrictive than the provisions hereof, but shall not be less restrictive.

Un Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the Board, are reasonably necessary or appropriate to carry out Association functions!

e less restrictive.

Un Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the Board, are reasonably necessary or appropriate to carry out Association functions!

Unofficial Copy Unofficial Copy_Unofficial Co.

5.05 Unofficial Copy Unofficial Copy (H) (E) (F) (G) Records. To keep books and records of the Associations affairs.

Assessments. To levy Assessments as provided in Article 7 below.

for a violation of the Governing Documents.

wal Copy Unofficial Copy Unoffic Unoffici Enforcement. To pursue the rights and remedies described in Section 7.0 ffic offi Legal ang Accounting Accounting Services. To rain and pay for legal and, services necessary or proper for the operation of the Association.

Unofficial co ployees.

Unoffic Copy Unofficial Copy Delegation to Committees. To setup one or more committees as authorized by the Texas Non-Profit Corporation Law, part of the Texas Business Organizations Code (the "TNPCL") as the same is amended from time to time.

management of the Association amon To engage suco oployees as may be the performance of its duties entrance buildings, other Common 5.06 Common Areas.

(A) ccounting reaso necessary in the Landscape and Maintenance. The Association shall authorized to landscape, maintain and repair easements, rights-of-way, common areas, entryways, sidewalk paths, trails, detention lakes, waterfall eial Copy Unicomas Subject to and in accordance with through the Board, shall have the following duties: Persons.

Witcial Copy Unoffi py Unoff Unerlic py Unofficial Copy Property, as @rigation equipment, water this Declaration, the acting Unofficial Copy Unoffic (1) To accept, own, operate and maintain all Common Areas which may be

py Unoff Unerlic py Unofficial Copy Property, as @rigation equipment, water this Declaration, the acting Unofficial Copy Unoffic (1) To accept, own, operate and maintain all Common Areas which may be conveyed or leased to it by Declaran together with any Improvements of any kind or purpose located in said areas; and to accept, own, operate and maintain all other property, real and personal, conveyed or leased to the Association by Declarant; and to of Rudder Pointe maintain in good repair and condition all lands, Improvements, and other Association Declaration of Covenants, Condit Profficial Copy Unofficial Copy Unofficial Copy property owned by or leased to the Association, whether by Declarant or by other ditions, and Restrictions Unofficial Copy Official Copy Official Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 17 Ungrtic Unclic Official Copy Unotic Official Copy 1363816 Page 18 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 57 To pay all real and @ersonal property taxes ang other taxes and Asgectiation, to the extent that Sug? taxes and assessments argMot levied directly upon ingividual Members of the Ass@fiation, The Association shaave all rights granted by lew to contest the legality ang e€ amount of such taxes and sesessments. é So (3) To executé’mortgages, both constructiogand permanent, for construg#>n & of Improvements on prperty owned by or leased to {fe Association, and to acceptg&nds Ss in Common Areas, Whether or not improved, fromeclarant subject to such mottgages

fe Association, and to acceptg&nds Ss in Common Areas, Whether or not improved, fromeclarant subject to such mottgages mortgages or dafds of trust, the issuance angssale of development or othenfonds, or in & any other forggsor manner deemed appropriagé by the borrower, whether Qétlarant or the Ss Association The mortgage or other seqyfty interest given to secure r@fayment of any debt may consist of a first, second or other junior lien, as deemed appropriate by borrower, whether Declarant or the Association, on the Improvements to be constructed, togethegs with such underlying ands surrounding lands as th borrower deems appragfiate. The debt secured by.sfich mortgage or other secuyif¥ instrument may be reticea from and secured by the se¥enues generated by dues, Se fees, assessment of bers, or otherwise, or any,@dmbination thereof, as may ge deemed appropriate by Me Beclarant or the Association the case may be, but subjgtt to the limitations imposed s & by this Declaration. Ss Y x & (B) In addition to, atid not in limitation of, the poygsr and authority of the Asso Sion st as set forth in Sectioo5.04 of this Declaration, the S$sociation, acting through theBoard, shall have the Power and authority: ss ss aD _ ig age .

(1) Fo grant and convey portiong of Association property, ingyeding fee title, leasehold estates, easements, right-of-way, and/or mortgages, to anyperson or entity for the purpose of constructing, erecting, Operating or maintaining the following: @) Parks, parkways or other recreational facilities or Strugtures; e (oe se (b) Roads, streets, ways, driveways, trails and paths utilities; & & & ES (d) SewersgWater systems, storm water @uinage systems, sprinkler sygéems

eational facilities or Strugtures; e (oe se (b) Roads, streets, ways, driveways, trails and paths utilities; & & & ES (d) SewersgWater systems, storm water @uinage systems, sprinkler sygéems s and pyselines; and/or s s S xa ¢ (e) Ay similar public, quasi-public. of private Improvements. e Oo Oo WO Nothitig contained in this subparagraph, however, shall be cone rued to permit use or ocdtipancy of any Common Aréa or Improvement in a way Mat would violate applicable use and occupancy restrictions imposed by other provisions of this Declaration, by the Drainage Easement, or by any statute, rule, regulation, ordinance or other (av of any governmental entitys§including but not limited to ades and orders of the Edvironmental Quality (‘TCEQ’¥8nd any flood plain, industriafwaste or other ordinance of the City of Bryan. Sy Ss eo De@laration of Covenants, Conditions, gd Restrictions oe Se 18 Rudder Pointe é & & A S (c) Lines, cables, Wires, conduits, pipelines onother means of providing © & RS Oo e oe x oo eS © & > ey § 1363816 Page 19 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Volk 15386 Pg: 58 ES cS CS (2y To pay for water, sewer, garbage removal, landscaping, gardening and all other utilities, services and maintenance for the property of the Association, or within city-oysed parks, parkways, entrance ways, or street rightsxof way which the Assgdlation desires to maintain or gay for, in the best interest of¢fe Association and the RS a etic appearance of the subgiision as a whole. & & Oo oO Oo ss s

ways, or street rightsxof way which the Assgdlation desires to maintain or gay for, in the best interest of¢fe Association and the RS a etic appearance of the subgiision as a whole. & & Oo oO Oo ss s . (3) To pay for a y other services necessary orSroper in the performance of & Association functions, a to pay for any other igs or assessments that XS Association or the Boagtis required to secure or to gay for, pursuant to applicablegSw, & the terms of this Decigfation, or the Certificate or Bygsiws of the Association. “& 3 (4) | Tgsown and operate any and all types of facilities for bothgactive and passive recreagBn. x x & (5 e To construct new Improyements or additions to Assq@ation properties, subject tthe approval of the Architectital Committee as required in this Declaration.

46) To enter into contractgwith Declarant and other pergons, with such terms Se (7) To acquire.@ind own and to dispose of a manner of real and persopel property, whether by pugthase, grant, lease, gift or otherwise. > RY the agent of the Association, or the Association, may enter into one or more agreements < (i) with the Cine f Bryan or State of Texagept Brazos County, with res to (1) the a landscaping aid maintenance of portions ge? public streets, highways or W@hts of way, or e (2) the degétation of any drainage basin, @ark or other Common Area yithin the property

with res to (1) the a landscaping aid maintenance of portions ge? public streets, highways or W@hts of way, or e (2) the degétation of any drainage basin, @ark or other Common Area yithin the property S for muni¢%al maintenance, or (ii) with Pie City of Bryan with respect8 landscaping and maintenance of portions of utility easements. The Association shall accept, without further, requirement or documentation, said agreement and the requirements and benefits associated therewith, for ay agreement reached by the Geclarant. So 5.08 SSemnification. The Associagiin shall indemnify any direcgY, officer, or member of a & STtommittee duly appointed pwSuant to the Certificate or Bylaws who by reason of the facts® Ss that such person is or wes a director, officer or memgsr of such a committee of t Association was, is, or ig threatened to be made, a nated defendant or respondentye” i) & any threatened, penges, or completed action, suit proceeding, whether civil, ginal s administrative, arbjt@tive, or investigative, (ii) ag appeal in such an action Suit, or 4 proceeding, and jl) any inquiry or investigation.that could lead to such an action, suit, or & proceeding (har@inafter a "Proceeding"), and. S&gainst all judgments, penalti& (including S&S excise and siMilar taxes), fines, settlements and reasonable expenses agtually incurred & by the pergn in connection with any sugf Proceeding to the fullest eyfént permitted by Ss the TNPSL, as amended and in eff§ct from time to time. Suef authorization of indemnification shall be deemed to be mandatory and deemed to constitute authorization of indemnification and advancement of expenses to the fullest extent permistid by the TNPCL, as amends and in effect from time to tiga. 3 & & &

andatory and deemed to constitute authorization of indemnification and advancement of expenses to the fullest extent permistid by the TNPCL, as amends and in effect from time to tiga. 3 & & & Dect Pion of Covenants, Conditions, and Restrictions S 199 of Radder Pointe x We oO oS &% 1363816 Page 20 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 59 A s\ xR x S 9 ?

é & = Se es gs 9 s ARTISLE 6 s $ g - 8 oo ARCHITECTURAL COMMITTEE ee se oO 6.01 Membership of Architectural Committee. The Architectur: ommittee shall consist of & not more than three (3).voting members ("Voting Members") and such additional So Members deem apprepriate. The following persons hereby designated as thefhitial & Voting Member of théArchitectural Committee: Stefe Arden. & Ss s s g 6.02 Action by Architgdtural Committee. Items preg@nted to the Architectural Congnittee shall We A Ww ons s 6.03 Adkisory lembers The Voting Mergers may from time to time gSsignate Advisory ss 6.04 Term, sEach member of the Architegtural Committee shall hold office until such time as 3 he .o?'she has resigned or hagcBeen removed or his or heP’successor has been. © ggPointed as provided herein. .o? os ou & successors or assigns s have the right to appoint aev remove all Voting Membergsof oe the Architectural Congmittee, which persons neeg>not be drawn from Assoggtion

evelopment Period, Declarant, its?

& successors or assigns s have the right to appoint aev remove all Voting Membergsof oe the Architectural Congmittee, which persons neeg>not be drawn from Assoggtion st appointment, or anf portion thereof, to the BoaraSy written instrument before gffch date.

e After the Develgpment Period, the Board shall have the right to appoing all Voting © Members. AgBuch time as the Board gaigs the right to appoint and eTnove Voting & Members gethe Architectural CommittegeBr any portion of this right, @majority of the & s Voting Némnbers so appointed shall ge drawn from Members Qfthe Association. e& Advisory~Members shall, when reasonably possible, be drawn from Members of the s Association ss \ 6.06 Adogifon of Rules. The ArchiteStural Committee may adop® such procedural and & gr the performance of its dutig8, including but not limited tos building code, a fire code, & a housing code, and other sfhilar codes. S SS G07 Review _of Proposed GShstruction. Whenever in thas Declaration the approval ofthe & Architectural Commigtte is required, the Architectial Committee shall have thegight to ys consider all of the Plans and Specifications for tg? Improvement or proposal igGuestion 3 and all other fasts that, in its sole and absqiute discretion, are relevant...Except as CF otherwise specfically provided herein, prior a? he commencement of any @éhstruction of & any !mproygMient on the Property or anygBortion thereof, the Plans arg Specifications a therefor ll be submitted to the Architettural Committee, and constyttion thereof may &

of any @éhstruction of & any !mproygMient on the Property or anygBortion thereof, the Plans arg Specifications a therefor ll be submitted to the Architettural Committee, and constyttion thereof may & not comMience unless and until the Architectural Committee has aSbroved such Plans S and Specifications. Until receipt by the Architectural Committee of any information or document deemed necessary by th Architectural Committee, it may postpone review of any Plans and Specifications supatiitted for approval. Upon eipt of all necessary eo infgrmation, the Architectural Cainmittee shall consider and agt upon any and all Plans tid Specifications submitted f6r its approval pursuant to t@S$ Declaration, and perform & ss option inspection of congguation in progress to RaRUIg eS conformance with previously & of Rudder Pointe é & 20 1363816 Page 21 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 60 approved Plans and Specifications. The Architectural Committee shall have the express authority to perform fact-finding functions hereunder and shall have the power to consteve and interpret any covenagt herein that may be vague, gndefinite, uncertain or 3 & lans and Specifications &. such other information as.é? deems proper, consider & Whether any proposed Imprevement upon a Lot would gee easarcatly obstruct the view,© \"from other portions of the Property. The Architectural Gémnmittee may, but shall not

.é? deems proper, consider & Whether any proposed Imprevement upon a Lot would gee easarcatly obstruct the view,© \"from other portions of the Property. The Architectural Gémnmittee may, but shall not . se the view from any other portion of the Property. N@Improvement shall be allowed on s landscaping, colos$chemes, exterior finishes antf materials and similar feature$ as to be eS incompatible wigs residential development witgin the Property and the surragnding area.

& Improvemgst based upon the restrictiogg’set forth in the preceding sentence and the & good faith. The Architectural Committee shall not be responsiblé for reviewing any proposed Improvement, nor shall its approval of any Plans and Specifications be deemad an endorsement, from she standpoint of structurak safety, engineering 4 soudtiness, or conformance with siding or other codes not of ite uthorship. SF 6.08 (actions of the Architectural énmittee. The Architectural @mmittee may, by resolution & unanimously adopted in wring, designate one or two of 88 members or an agent actin?

Se on its behalf to take apy action or perform any dgties for and on behalf of dite RS Architectural Committgg’ In the absence of such deggnation, the vote ofa majoritySt all & the members of thesfchitectural Committee takeWithout a meeting shall consxtute an s act of the Architecifral Committee. s s

In the absence of such deggnation, the vote ofa majoritySt all & the members of thesfchitectural Committee takeWithout a meeting shall consxtute an s act of the Architecifral Committee. s s VW 6.09 No Waiver of &Uiture Approvals. The apprayét or consent of the Architect Committee & any othegmnatter requiring the approvalér consent of the Architectura’ Committee, shall = not be d8emed to constitute a waiver of any right to withhold appréval or consent as to any other Plans and Specifications, or other matter whatever, subsequently or additignally submitted for approval gy consent by the same ora different person, 4 6.10 rk in Progress. The Architgétural Committee may at its@ption inspect all work in So 6.43 No Liability for Architectygal Committee Members. Negher the Architectural Commitgse ow nor any member therg&f shall be liable to the Assgfiation or to any Owner or tany e other person for any loss, damage or injury aging out of their being in ay way s connected with the performance of the Archiéttural Committee's duties ufder this 3 Declaration unlass due to the willful miscanduct or bad faith of the Architectural CF Committee gr members, as the case rey be. Neither the Architects Committee Oe nor any mgffiber thereof shall be liable 4 any Owner due to the copstruction of any a & Improvergents within the Property, or th§creation thereby of any obsétiction of the view & s from sush Owner's Lot or Lots. Ss YS si se 3 6.12 Address. Plans and Specifications shall be submitted to the Architectural Committee in

erty, or th§creation thereby of any obsétiction of the view & s from sush Owner's Lot or Lots. Ss YS si se 3 6.12 Address. Plans and Specifications shall be submitted to the Architectural Committee in cargset Steve Arden, 311 Cecilia Usop, College Station, Texas ab45, or in care of such 3 offer person at such other address as may be designated by,Seclarant orthe Board,as .> Wie case may be, from time tgéime. é eo Dedlaration of Covenants, Conditions, and Restrictions 2 ofRudder Pointe & & 3 .

FS 1363816 Page 22 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol 15386 Pg: 61 6.13 Failud to Act. In the event the Agpitectural Committee or its designated representative Ss fails to approve or disapprove any lans and Specifications within twenty (20) days after _ se fe same have been submitteg&o it, complete with all other jgformation requested by the & Architectural Committee inconnection with such sudfMission, approval shall bes eS assumed. eS 3 3S gb.14 Variances. Notwithggending any other provision ogdhis Declaration, in order to prevent s undue hardship gen the Owner or Owners afSany individual Lot or Lots won the 4 Property, variange trom any restrictions set out ih this Declaration may be granted by a Ss unanimous degSion of the Architectural Cayfinittee in a written instrumept to be duly es acknowledge@,, if and when such a variance shall ever be granted. S & Oo oO 6.15 Governni&ntal Agency Approval. Neffing in this Declaration shaff be construed to relieve any Owner from securing such approvals, certificates and/or permits as may be required by law in connection with the construction of any Improvements on any Lot.

be construed to relieve any Owner from securing such approvals, certificates and/or permits as may be required by law in connection with the construction of any Improvements on any Lot.

6.16 R Stionship with Association. Te Architectural Committee has’ been created pursuant (> g owes - oy & his Declaration to perform gain functions specified hereax relating to the review and & ssapproval of Plans and Specifftations for Improvements bux on aLot. The Architecturaly® 3 Committee does not exergise the authority of the Boardaand shall not do so unless ane & until (i) the Board shat? ave duly appointed a mafority of Board members tacthe ° in the records of th@Association, make the Architectural Committee a committge of the Board in accordayite with the TNPCL. . Ps x ROUNDS AND ASSESSMENTSSREMEDIAL RIGHTS cS Ss Ss oO s 7.01 Assessments.

(A) The Association may fromegtime to time levy Assessmghts against each Lot se whgther or not improved in ordenfe promote the health, recreayen, safety and welfare of _ a tee residents in the Subdivisigg? to fund the operating expepses of the Association and g& sto improve and maintain the Sommon Areas. A Lot becomes subject to Assessments ony?

s conveyance of the Lot by Qeclarant. 4 4 Cc CG es (B) Where the obligtion to pay an Assessment gst arises after the commenggment of the year or other Period for which the Assessngent was levied, the Assessm@ht shall be prorated as of ie date when said obligation fst arose in proportion to thesmount of the Assessmengijear or other period remaining*after said date. Ss

bligation fst arose in proportion to thesmount of the Assessmengijear or other period remaining*after said date. Ss se collectiogthereof as hereinafter provided, shall be the personal oblig&tion of the Owner of the Lot or Commercial Lot against which the Assessment falls due.

(D) Assessments are secured bysa continuing vendor's lien ongeach Lot, which lien is 3 reséfved by Declarant and assigi€d to the Association. By agéeptance of a deed toa CF .61, each Owner grants the lige together with the power o ale, to the Association to & in accordance with the proyitions of this Article.

s 2 \ gent Rudder Pointe ce ce WO Unofficial Copy Unofficial Copy Unofficial Copy 1363816 Page 23 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol: 15386 Pg: 62 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy (F) Unofficial Copy Unofficial Copy U Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Any Assessment not paid thin ten (10) days after it is due is delinquent.

copy The lien granted and reserved to the Association is subordinate: (i) to any lien granted by an Owner against a Lot not prohibited by the Texas Constitution; and (ii) any lien granted by an Owner against a Lot for purposes of financing the acquisition of orthe improvements on such Lot. The foreclosure a superior lien extinguishes the Association's lien as to Assessments due before the foreclosure.

nst a Lot for purposes of financing the acquisition of orthe improvements on such Lot. The foreclosure a superior lien extinguishes the Association's lien as to Assessments due before the foreclosure.

7.02 Maintenance Fund. The Board shall establiscopy Onoffione a maintenance fund into which shall be deposited a monies paid to the Association and from which disbursements shall be made in performing the functions of the Association under this Declaration. The funds of the Association must be used solely for purposes authorized by this Declaration, as it may from time to time be amended.

DY py 7.03 Regular Annual Assessments. Prico the beginning of each fiscal year, the Board shall estimate the expenses to be incited by the Association during such year in performing its functions under this Declaration, including but not limited to the cost of all entry ways, Yandscaping, greenbelts, common areas, median strip, and right-of-way maintenance, the cost of enforcing this Declaration, and a reasonable provision for contingencies age appropriate repair and replacement reserves, less any expected income and any surplus from the prior year's Hunds. Assessments sufficient to pay such estimated expenses shall then be levied as herein provided, and the vel of Assessments set by the Board shall be final and Binding so long as it is made in good faith. If the sums collested prove inadequate for any reason, including nonpayment of any individual Assessment, the Association ay at any time, and from time to time levy further Assessments in the same manner as aforesaid. All such regolar Assessments shall be due and payable to the Association at the beginning of the fiscal year or during the fiscal year in equal

evy further Assessments in the same manner as aforesaid. All such regolar Assessments shall be due and payable to the Association at the beginning of the fiscal year or during the fiscal year in equal monthly installments on or before the first day of each month, or in such other manner as the Board may designate in its sole and absolute discretion.

Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Cop 7.04 Special Assessments. In addition to the regular annual Members.

Persial Copy Sonal Copy al Copy ove, the Board may levy special Assessments whenever the Board's opinion such Special Assessments are necessary to enable the Board to carry out the mandatory functions of the Association under this Declaration. The Board may assess specia Assessments against sertain groups of Lots or commercial Lots as the Board designates from time to time. The amount and due date of any special Assessments shall be at the discretion of the Board and must be approved by the 7.05 Owner's Personal Obligation for Paymental Copy provided for Assessmens provided for herein shall be the personal and individual debt of the owner of the Lot covered by such assessments. Except as otherwise provided in Section 7.01(A) hereof, no Owner of a Lot may exempt himself from liability for such Assessments. In the event of default in the payment of any such Assessment, the owner of the Lot shall be obligated to pay interest at the highest rate allowed by appicable usury laws then in effect on the amount of the Assessment from due date thereof (or if there is no such highest rate, then at the rate of 1-1/2% per month), fogether with all costs and expenses of collection, including reasonable attorney's fees.

Declaration of Covenants, Conditions, and Restrictions of Rudder Pointe (00564432 4)

ate of 1-1/2% per month), fogether with all costs and expenses of collection, including reasonable attorney's fees.

Declaration of Covenants, Conditions, and Restrictions of Rudder Pointe (00564432 4) Unofficial Copy Unofficial Copy Official Copy Official Copy Assessments. The regular and special Unofficial Copy Unofficial Copy Copy Unofficial Copy Unofficial Copy Unofficial Copy 23 Unofficial Copy Unoffic py Unofficial Copy Unofnos Unofn Unofficial Copy Unafnos Official Copy Official Copy Unoffici 1363816 Page 24 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol 15386 Pg: 63 ° ° oe & & 7.06 Remegil Rights. 3 3 g 9° ° ° aye Late Charges and interagt A late charge of Twengéfive Dollars ($25.00) is & gSsessed for delinquent payrgehts. Delinquent Assessme? accrue interest at the rate Ss « of twelve percent (12%) per year. The Board may change the late charge and tha CF interest rate. CF oe & (B) Costs, Attormegs Fees and Expenses. Ifo he Association complies all YS applicable notice rejuirements, an Owner is liad to the Association for all césts and reasonable attogey's fees incurred by the’ Association in collectin Melinquent > Assessments, 3 foreclosing the Association's lien, and enforcing th Governing & Documents & & (C) Judicial Enforcement. The Association may bring an action against an Owner to collect delinquent Assessments, foreclose the Association’s lien, or enforce or enjoin a violatiggs of the Governing Documents. An Owner may bring an agtion against another Ownér to enforce or enjoin a violatien of the Governing Documenéé.

oO oO AO

sociation’s lien, or enforce or enjoin a violatiggs of the Governing Documents. An Owner may bring an agtion against another Ownér to enforce or enjoin a violatien of the Governing Documenéé.

oO oO AO S) Remedy of Violations. oe o enter at any time in emergency, or in a non- s «a emergency, after ten (10) da s’ written notice, without bay liable to any Owner, upo <& any Lot, and into any ImprSvement thereon for the purpd8e of enforcing this Declaratigh , se or for the purpose of ertcting, maintaining or repairigg any Improvement to confogmh to & this Declaration, andthe expense incurred by th@Association in connection ih the Ss entry upon any Lotind the work conducted therein (i) shall be a personal obkifation of e the Owner of thgSLot entered upon, (ii) shallge a lien upon the Lot enteg’d on and ImprovementssfHiereon, and (iii) shall be enfgrted in the same manner angMo the same extent as prided in this Article 7 hereg&tor regular and special Asggésments. The s Associatigx®shall have the power and ausority from time to time, in itsawn name and on its own behalf, or in the names of and on behalf of any Owner who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breagh of this Declaration. 3 agct may deem necessary or dient to enforce this Declagétion; provided, however, 0?

ipat the Board shall never authorized to expend anyoAssociation funds for the .o » ‘YX a%, ao gh Purpose of bringing suit agaist Declarant, its eueeaeeete assigns. .

iation funds for the .o » ‘YX a%, ao gh Purpose of bringing suit agaist Declarant, its eueeaeeete assigns. .

& Association may sugpPend the Owner's rights ugtier the Governing Documetits in st accordance with law*until the violation is cured. s . Ne (F) Damagesé Property. An Owner is liabléo the Association for damagé*to Common e Areas cause? by the Owner or the wie family, guests, agengs independent s contractorg?and invitees in accordance x law. Ss s ARTIQGLE 8 Ss EASEMENTS s s Son any plat covering all or avy portion of the Property andSall grants and dedications ofs* Sclaration of Covenants, Conditiogg’ind Restrictions oS > Sor Rudder Pointe ° & 1363816 Page 25 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vok 15386 Pg: 64 aoe i ao io 6 made a part of this Declaration for all purposes as if fully set forth herein, and shall be construed as being adopted in each and every contract, deed or conveyance executed Ry or ta%be executed by or on behaff of Declarant conveying aay part of the Property. —<& id rights-of-way for the pfpose of most effectively, @iciently and economically & developing and marketing th Property. Ss s a s §02 Installation and Maintegance. Easements for instagttion and maintenance of usfties

of most effectively, @iciently and economically & developing and marketing th Property. Ss s a s §02 Installation and Maintegance. Easements for instagttion and maintenance of usfties we and drainage facilitig$ are reserved as shown gf the recorded plat. Withig¢these s easements, if any so structure or other materiaShall be placed or permitted remain 3 which may damage or interfere with the reeae and maintenance of utilities; or in the Ce case of drainage easements, which may chéfge the direction or flow of. ter through aa drainage chgtinels in such easements. Ts easement area of each Latif any, and all o Ss Improvem¢hits in such area shall be mafAtained continuously by the Siwner of such lot, & except fr those Improvements for Which a public authority omtility company is Ss responsible. Neither Declarant nor any utility company using the easements herein or referred to shall be liable for any damages done by them or {heir assigns, agents, em ees, or servants to shrub , trees, lawns or flowers & other property of the Oygners situated on the land covered by said easements.

A & & < eS oO Oo te) iyi, : oO Ce nor any supplier of anyUtility service using any easement area shall be liable tgcBny 2 respective agents, g@mployees, servants or assiggs, to any of the aforesaid ve tion as « a result of any actRity reasonably relating to the construction, maintenance, poration or & repair of any fadility in any such easement apes. &

s, to any of the aforesaid ve tion as « a result of any actRity reasonably relating to the construction, maintenance, poration or & repair of any fadility in any such easement apes. & & 8.04 Drainage Basements. Each Owner coygnants to provide easementsxfor drainage and « ce) water flaw, as contours of land and th arrangement of Improvemests approved by the Ss Architectural Committee thereon require. Each Owner further covenants not to disturb any trees or other vegetation within the drainage easements as defined in this teysPorary or permanent, in any drainage easement, excepts may be approved in > “nO oO %, writing by the Architectural Coxffnittee.

8.08 Blanket Easement. An easement is hereby retained in favor of the Association over, all CF Lots and the Common & as for the purpose of enforaFig this Declaration in accordePl e with Section 5.04(E) J@#reof, and for the constructiga%’and maintenance of any othe? item for the common es of the Owners or a rouge of Owners. An easement S further granted for the dtpose of repairing and mai ining any such system so constructed.

An entry upo iy Lot or the Common Are effectuate the foregoing pistposes shall s not be deers as trespass, > RS % oO ey eo x e s Ss.

s 8.06 Comm rea, s (A) Common Area Easements. Each Owner has an easement in and to the Common Areagbubject to the right of the Aaggualion to: » 3 & ~ cod & < & & Declatlion of Covenants, Conditions, and Restrictions S 29 of Ridder Pointe 3 (60364432 4} & Oe Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffic

f Declatlion of Covenants, Conditions, and Restrictions S 29 of Ridder Pointe 3 (60364432 4} & Oe Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffic 1363816 Page 26 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol: 15386 Pg: 65 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy charge reasonable admission and other fees for the use of recreational faciliores situated on the Common Area, and if an Owner does not pay these fees, the (1) Owner may not use the recreational facilities; (2) (3) noffic suspend an Owner's rights under the Governing Documents; Unofficial Copy Unofficial Copy Unofficial Copy grant an cop cement approved by the Board over the Common Area for utility, drainage, or other purposes.

Unofficial Copy Unofficial copy Onofficial colot (B) Permitted Users. An Owner's right to use and enjoy the Common Area extends to the Owners family, guests, agents, and invitees, subject to the Governing Documents (C) Unauthorized Improvements in Common Area. An Owner may not erect or alter any Improvement on, or clear, landscape, or disturb, any Common Area except as approved by the Board.

Unofficial Copy UnofficialCopy Unofficial Copy Unofficial Copy Unofficial Copy Unoff ficial opy BootE9 Copy Unofficial Copy Unoffic Unofficial Copy Term. This Declaration, ration, including all of the covenants, conditions, and restrictions hereof, shall run until December 31, 2048, unless amended as herein provided After December 31, 2048, this Declaration, including all such covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years

mended as herein provided After December 31, 2048, this Declaration, including all such covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years each, unless amended as provided in Section 9.03 below or terminated by a written instrument executed by the Owners of at least three-fourths (3/4) of the Lots within the Property Men subject to this Declaration, and filed of record notte Official Public Records of Brazos County, Texas.

un 9.02 Dissolution. Upon termination of this Declaration in accordance with Section 9.01 above, the Association shall be dissolved. In the event of any such dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to any appropriate public agency to be used for purposes 9.03 Amendment.

Unofficial Copy Unofficial Copy Unofekat Copy (00564432 43 Copy Unoffic similar to those of the Association with respect to the Common Areas. In the event thaynofficial Copy such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association rust or other organization to be devoted to such similar purposes.

(A) Supplemental Declaration may be amended by the Declarant, asting alone. No amendment by Declarant shall be effective until there has been recorded in the Official Records of Brazos County, Texas, an instrument executed and acknowledged by Declarant and setting forth the amendment.

By Declarant. During the Dever.cor official Declaration of Covenants, Condition and Restrictions of Rudder Pointe Official Copy COP OPY Copy Unofficial copy Period, this Declaration and any By Owners. After the Development Period, this Declaration may be amended by

nts, Condition and Restrictions of Rudder Pointe Official Copy COP OPY Copy Unofficial copy Period, this Declaration and any By Owners. After the Development Period, this Declaration may be amended by recording in the Official Records of Brazos County of Packnowledged by the President and Secretary of the Association setting forth Unofficial Copy Unofficial and Copy amendment and certifying that such amendment has been approved by Owners e Unofficial Copy Official Copy instrument executed and Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial the 26 Unoffic Unoffic Unoffic Official Copy Unoffic Official Copy 1363816 Page 27 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol: 15386 Pg: 66 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffic Unofficial Copy Unofficial Copy entitled to be cast %) of the number of votescop ffith respect to the amendment of any supplemental a particular Phase(s) of the Subdivision, such supplemental declaration may be amended after the Development Period by at least by the Supplemental Declaration.

cast at least fifty-one percent (50%) pursuant to Section 5.03 hereof.

cofifty-one percent (51%) of the votes of the Owners of the dots in the Phase(s) governecopy desparation applicable only to offro 9.04 Notices. Any notice permitted or required by this Declaration shall be in writing and may be delivered either personally or by mail. If delivery is made by mail it shall be deemed to have been delivered on the third (3rd) day (offer than a Sunday or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid,

by mail it shall be deemed to have been delivered on the third (3rd) day (offer than a Sunday or legal holiday) after a copy of the same has been deposited in the United States mail, postage prepaid, addressed toothe person at the address 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.

Unofficial Copy Unofficial Co Unoffic Unofficial Copy Unofficial Copy 9.05 Interpretation. The provisions of his Declaration shall be liberally construed to effectorate the purposes of creating uniform plan for the development and operation of the property and of promoting and effectuating the fundamental concepts of the Property set forth in this Declaration. This Declaration shall be construed, governed and enforced offic ice other Governing Documents the Unofficial Copy Unofficial counder the laws of the State of Texas. Except as otherwise provided herein, this .06 Declaration controls over COP leasing offices, and similar facilities, and (iv) post signs incidental to construction, sales, and leasing anywhere within the Property.

Exemption of Declarant. Notwithstanding any provision in this Declaration contrary, neither Deslarant nor any of Declarant's activities shall in any way be subject to the control of or under the jurisdiction of the Achitectural Committee. Without in any way limiting the generality of the preceding sentence, this Declaration shalb hot prevent or limit the right of Declarant to (i) excavate and grade, (ii) construct and alter drainage patterns and facilities, (iii) construct any and all other types of Improvements, sales and Declaration to the 9.07 Assignment of Declarant. Notwithstanding any provision in the Copy Unoffic

drainage patterns and facilities, (iii) construct any and all other types of Improvements, sales and Declaration to the 9.07 Assignment of Declarant. Notwithstanding any provision in the Copy Unoffic Okapy Unofficial Copy Unofficial Copy contrary, Declarant may assign, on whole or in part, any of its privileges, exemptions, rights, and duties under this Declaration to any other person odentity and may permit the in whole or in part, by any other person or entity in any of its privileges Copy exemptions, rights, and duties hereunder.

officia oy Unofficial Co Right of Enforcement. Except as otherwise provided herein, any Owner at his own expense, Declarant, and/or the Board shall have the right to enforce any and all of the provisions of the Governing Documents. Such right of enforcemen shall include both damages for, and injunctive relief against, the breach of any such provision.

208 Enforcement and Nonwaiver.

Unofficial Copy Unofficial coparticipation, (A) (B) Nonwaiver. The failure to enforce any provision of the Governing Documents at any time by the Association or an owner shall not constitute a waiver of the right Unoffic Unofficial Copy Unofficial Copy Unofficial Copy Official Copy thereater to enforce any such provision or any other provision of said restrictions.

Osho ation of Covenants, Conditions and Restrictions of Rudder Pointe Unofficial Copy Unofficial Copy Unoffic Unofficial Copy Unofficial Copy Unofficia Official Copy Unofficial Copy Unofficial Copy Unoffici Official Copy 2 Unoffic Official Copy 1363816 Page 28 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol: 15386 Pg: 67 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy

4AM Karen McQueen, Brazos County Clerk Vol: 15386 Pg: 67 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unafno Copy Unofficial Copy co Restrictions Severable. The provisions of the Governing Documents shall be deemed independent and severable, and the invalidity or partial invalidity of any provision or portion thereof not affect the validity forceability of any other Provision or portion thereof.

9.09 Construction.

(A) Unofficial Copy Unofficial Copy Und Copy Ung opy Unof Singular Includes Plural. Unless the context requires a contrary construction the singular shall include e plural and the plural the singular; and the masculine, fexfinine or neuter shall each include the masculine, feminine, and neuter.

(B) Adós (C) Sole and Absolute Discretion. Notwithstanding anything herein to the contrary, whenever a party to this Declaration is entitled to exercise its "sole and absolute discretion" Such discretion may be exercised by that party for any reason or for no reason, whether such discretion is arbitrary, uncontrolled or unreasonable. Any parties' exercise of its "sole and absolute discretion" shall be final and shall not be subject to appeal or be subject to adjudication by a court of law, arbitration, mediation, or otheryase.

Unafno jal Copy Unofficial Copy ling on this Declaration should falcon a Captions. All captions and titles used in this Declaration are intended solely for Convenience of reference and shall not enlarge, limit or otherwise affect that which is set o forth in any of the paragraphs, sections or articles.

Unofficial Copy Unofficial Copy icial holiday Buch deadline shall automatically be

hall not enlarge, limit or otherwise affect that which is set o forth in any of the paragraphs, sections or articles.

Unofficial Copy Unofficial Copy icial holiday Buch deadline shall automatically be (E) Deadlines on Business Day. If any deadling in Saturday, Sunday ga Texas or federal holiday, extended to the next business day.

Choice of Law. This Declaration shall be construed in accoffice with the laws Copy (G) Corrections. The Board may correct typographical or grammatical errors, ambiguities, or inconsistencies contained in this Declaration, provided that any of the State of Texas.

(F) correction must not impair or affectested property right of any owner.

Unofficial Copy Unofficial Copy Unofficial un Unofficial Copy Unofficial Copy Unofficial Co Unofficial Copy DeckRation of Covenants, Conditions, of Rudder Pointe Unoffi005644324} Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Co Unofno Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Official Copy Official Copy Unofficial Copy Unofficial Copy Unofficial Copy Restrictions Unof Unofficial Copy Unofficial Copy Unofficial Copy Official Copy Unoffic Official Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Official Copy Declaration Covenants, Conditions, and Restrictions of Rudder Pointe [00564,80 Unofficial Copy Unofficial Copy Unofficial Copy Unoffic 29 Unofficial Copy Unofficial Copy Unofficial Copy Official Copy Unoffic Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Official Copy Unofficial Copy Unofficial Copy Unofficial Copy NOTARY PUBLICA STATE OF H OF TEXAS VIRGINIA SALDANA Notary Public.c STATE OF TEXAS

al Copy Unofficial Copy Unofficial Copy Unofficial Copy Official Copy Unofficial Copy Unofficial Copy Unofficial Copy NOTARY PUBLICA STATE OF H OF TEXAS VIRGINIA SALDANA Notary Public.c STATE OF TEXAS ID#125990686 My Comm. Exp. Sept. 11, 2022 STATE OF COUNTY TEXOPY AS BRAZOS ictat Copy Unofficial This instrument was acknowledged before me on the day of June 2018, by J. Stephen Arden, Manager, of BORD, LLC, on behalf of said limited liability compar Un the capacity therein stated.

Unofficial Copy Unofficial Unofficial Coly Unofficial Copy Unofficial Cop by Unofficial Cory Unofficial Co By: UnofficialCopy § Bofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Public Notaryo Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffic Stephen Arden, Manager CODECLARANT: BORD, LLC icial Copy Unofficial Copy Unofficial Cop IN WITNESS WEINEREOF, Declarant has executed this Declaration as of this 13 day of June 2019.

Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy 1363816 Page 29 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol: 15386 Pg: 68 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficia Copy Unofficial Copy Unoffic Unoffic Official Copy 1363816 Page 30 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol: 15386 Pg: 69 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy EXTRACO BANK Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unof Bugl Unoffi Unofficial Copy Unofficial Copy Unoftroreclosure CONSENT AND SUBORDINATION BY LIENHO l Copy Lienholder, as the holder of the lien on a portion of the Property, consents to the foregoing

of Bugl Unoffi Unofficial Copy Unofficial Copy Unoftroreclosure CONSENT AND SUBORDINATION BY LIENHO l Copy Lienholder, as the holder of the lien on a portion of the Property, consents to the foregoing Declaration and the covenants, conditions, restrictions and easements contained therein, agd linholder hereby subordinates its lien to the rights and interests of the Declaration, such that a of the lien shall not extinguish the covenants, conditions, restrictions and easements contained in the Declaration Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy By: Name: COPTitle: nofficial Copy Unofficial Copy Unofficial THE STATE OF TEXAS TATE OF TEXAS ول Su official Copy VIRGINIA SALDANA Notary Public STATE OF TEXAS ID#12599068-6 Comm. Exp. Sept. 11, 2022 $ Unofficial Copy Unofficial § Unoffi Copy Unofficial Copy Unofficial Copy (ACKNOWLEDGMENT) B day of Unoffici June 1 2019, of EXTRACO BANK, on behalf of said banking This, instrument was acknowledged before me on the COUNTY OF BRAZOS by John Bash institution.

Unofficial Copy Unofficial Copy Unofficial Werner Saidure Notary Public, State of Texas Unofficial Copy Unofficial Copy Unofficial Copy by Unofficial Copy Decoration of Covenants, Conditions, of Rudder Pointe Unoffie 05644324) Unofficial Copy Unofficial Copy Unofficial copy Unofficial Unoffi Unofficial Copy Unofficial Copy Unofficial Copy Unoffi Unofficial Copy Unofficial Copy Unofficial Copy Official Copy Unofficial Copy Unofficial Copy Unofficial Copy Official Copy Official Copy Unofficial Copy Unofficial Copy Unofficial Copy Restrictions Unoffic Official Copy 1363816 Page 31 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol 15386 Pg: 70 FIELD N , A x 96.597 Agee 3 3

icial Copy Unofficial Copy Unofficial Copy Restrictions Unoffic Official Copy 1363816 Page 31 of 32 06/14/2019 11:34AM Karen McQueen, Brazos County Clerk Vol 15386 Pg: 70 FIELD N , A x 96.597 Agee 3 3 LEAGUE NO. 10, Abstract No. 63, in Bryang County, Texas and being part of the call 3 no acre remainder tract described in the deed Richard 1. Harrison, fll to Harrison Holdings ited Partnership recorded in Volume 6542, 177 of the Official Records of Brazos Cougs” ‘Texas s (OR.B.C.) and being more parole = cribed by metes and bounds as follows: 3 COMMENCING: at 4 foond copes at the base ofa 6-inch cedar fence post raarklog SS west comer Anne B. Wilkerson MacD : son tract recorded oo in Volume 3275, Page 4 ( AC), the north corer of Lot 1, Black 1, LUV H § SUBDIVISION, & s as recorded In Volum Page 117 (O.R.B.C,) and the east comer offs called 25,00 David B. : ys Pate tract recorded 2154, Page 336 (ORB.C.); 3 4 x Ss 15" E along the common line of the called Ss acre remainder tract and the oe Wilkerson tract for a distance of 404.10 feettos ‘POINT OF BEGINNING; > eo , Lonnie O. Wilkerson, IH, and Tyree Bond Wi THENCE: N 4.

Ra ~ called 99.66 — 51! 15" B continuing along said common Bir a distance of 2161.65 feet to the & s north ger of this heretn described tract, from whence 3/8-inch iron rod marking tho north s corner of the called 202.3 acre remainder tract beara N 4t* 51’ 15° E at a distance of 1454.54 feet for reference; ICE: $ $2° 21' 45" B into and through the called 202.3 acre remainder tract for a distance of 4

the called 202.3 acre remainder tract beara N 4t* 51’ 15° E at a distance of 1454.54 feet for reference; ICE: $ $2° 21' 45" B into and through the called 202.3 acre remainder tract for a distance of 4 17 feet to the east comer of this hae tract, in the northwest right-of-way line of a © . 3 & from whence a found 1/2-inch iron rod mar! ell comer in the northwest right-of-way line ogge x said Old Reliance Road tract bears N 42° " Bat a distance of 21.02 feet for reference; & o oO ‘THENCE: S 42° 22! 42" W along the ngifiwest right-of-way lino of the said Old Reliance $ftad tract s for a distance of 441.45 feet for ore s\ 3 3 Ke THENCE: into the interior erage 202.3 acre Harrison Holdings remainder meh ‘the following “ four (4) calls: “ “ Oo 1) N47° 32! 54° W Pa distance of 27.00 fect for comer, ° s s 2) $ 42° 22! 42" Wor a distance of 1000.09 feet for comer, s . s Xs 3) 8 42°34'39% W for a distance of 19.49 feét for corner, and x 4) § 55°33 4@YF for a distance of 27.27 fect for comer in tho n st right-of-way lino of the RS said Old Reliance Road tract, from whencs a found 1/2-indbytron rod marking an angle point & a ce of 15.67 feet for reference; & oO Ss THENSE: 42° 34! 39" W along tho northwest right-of line of the said Ofd Reliance Road tract a | a fora ee of 265. .79 feet to tho south comer of this herein described tract; eee nent neene mentee feat ed Aa nH ae ian Enno gine leaving ths northwest right-of-way line of gaid Old Reliance Road and continuing through interior of the called 202.3 acre Harrison rs IIs: s ry » e 1) N 65° 07:45" W for a distance one feet for comer, ce

ing ths northwest right-of-way line of gaid Old Reliance Road and continuing through interior of the called 202.3 acre Harrison rs IIs: s ry » e 1) N 65° 07:45" W for a distance one feet for comer, ce 2) & 61° 20'55° W for 2 distance of Sp1.54 feet for corer, ° s 3) N 22° 39' 20° W for a distane: 9.15 feet far comer, s i A 4) N 37° OF 04" B fora distance of 107.11 feet for comer, i xk S) N 13° 19°18" W for athe of 69.06 feet for camer, 3 6) N 62° 24" 56" W for a d&nce of 311.22 feet for comer, ee 7) N 53° 0412" W for a@istance of 133.20 feet to the Point of Curvature oftcutve to the right, 8) 115,59 Feet ee of said curve having a central angle of 132° 5", a radius of $0.00 feet, a tangent o1 53 fect and a long chord bearing N 76° 49° 08 ata distance of 91.52 fest for come s .

4 9) § 79° 24'3 for a distance of 15.60 fect for comer, Q 10) N 55° 33°.@6" W for a distance of 174.32 feet for comer; 3 11) $ 35° " W for a distance of 292.63 feet for comor, "eG 12) N 48996 31” W for a distance of 931,19 fect to the PORT OF BEGINNING and containing < : 9 acres of land, more or less. ee ‘¥ & & Ss Ss Ss remainder tract for the following twelve (12) ° Ss: Lo Y ys 1363816 Page 32 of 32 06/14/2019 11:34 AM Karen McQueen, Brazos County Clerk Volume: 15386 Brazos County Karen McQueen County Clerk Unofficial Copy Unofficial Copy Unofficial Copy corded On: June 14, 2019 11:34 AM Total Recording: $150.00 " Unofficial Copy Unofficial Copy Unofficial Copy File Information: Instrument Number Volume ERecordings 6386 1363816 Real Property Unofficial Copy Copy Unofficial Unofficial Copy Unofficial Copy Unof Number of Pages: 32 Examined and Charged as Follows: " Pal Copy Unofficial Copy Unofficial Copy

y Unofficial Unofficial Copy Unofficial Copy Unof Number of Pages: 32 Examined and Charged as Follows: " Pal Copy Unofficial Copy Unofficial Copy Any provision herein which restricts the Sale, Rental or use of the described REAL PROPER because of color or races invalid and unenforceable under federal law.

1363816 Document Number: 20190614000024 Receipt Number: Recorded Date/Time: June 14, 20199 User: Station: Susie C 11:34 AM STAN official copy Unofficial Copy Unofficial Copy Unof Record and Return To: eRx 8600 Harry Hines Bad. Ste 300 Dallas TX 752 .....

THE STATE OF TEXAS OF TEXAS A COUNTY COUNTY OF BRAMOL Copy ITY OF BRAZOS hereby certify that this Instrument was FILED In. File Number sequence on the date/time hereon, and was duly RECORDED in th Karen McQueen County Clerk Brazos County, TX the Official Public Records of Brazos County, Texas Copy Unoffval Copy Unofficial Cord.

Copy Unofficial Copy Unof