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DECLARATIONOFCOVENANTS';CONDITIONS ANDRESTRICTIONS'-_4 1/.CANYONLAKESVILLAGE/ SECTIONONE(1) December3V,2000$151.00 DECLARATIONOF COVENANTS,CONDITIONSANDRESTRICTIONS CANYONLAICESVILLAGESECTIONONE(1)' THESTATEOFTEXAS(3‘ COUNTYOFHARRIS5 THISDECLARATION,madeonthedatehereinaftersetforthbyPULTEHOMESOF 'TEXAS,L.P.,aTexaslimitedpartnership.'

WITNESSETH: WHEREAS,PULTEHOMESOFTEXAS,L.P.,aTexaslimitedpartnership(“Developer”), istheownerofthatcertaintractoflandsituatedinHarrisCounty,Texas,whichismoreparticularlydescribed as CANYONLAKESVILLAGESECTIONONE(1)BEINGASUBDIVISION LOCATEDINTHEWILLIAMFRANCISSURVEYABSTRACTNO.260 I-LARRISCOUNTYTEXASACCORDINGTOTHEMAPORPLATTHEREOF UNDERCLERK'SFILENUTVIBERU77l723MAPORPLATRECORDSOFHARRIS COUNTY TEXAS.

WHEREAS,DeveloperdesirestoimposethefollowingCovenants,Conditionsand RestrictionsuponsuchProperty..-—.

NOWTHEREFORE,Developerherebydeclaresthatall'thepropertydescribedaboveshall beheld,soldandconveyedsubjecttothefollowingeasements,restrictions,covenantsand conditions,whichareforthepurposeofprotectingthevalueanddesirabilityof,andwhichshall constitutecovenantsrunningwith,therealproperty,shallbebindingonallpartieshavinganyright,i HOUSTON 523450v1 titleorinterestinthedescribedpropertiesoranypartthereof,theirheirs,successorsandassigns,and shallinuretothebenefitofeachOwnerthereofandtheS-GOWNERSASSOCIATION,INC.

("Association").I4 ARTICLEI.

DEFINITIONS Section1."Association"shallmeanandreferto8GOWNERSASSOCIATION,INC., aTexasnon—profitcorporation,itssuccessorsand.assigns.TheAssociationhasthepowertocollect anddisbursethosemaintenanceassessmentsas'describedin.ArticleIV.

tion"shallmeanandreferto8GOWNERSASSOCIATION,INC., aTexasnon—profitcorporation,itssuccessorsand.assigns.TheAssociationhasthepowertocollect anddisbursethosemaintenanceassessmentsas'describedin.ArticleIV.

Section2."Builder“shallmeananyperson,firmorentitywhichpurchasesadeveloped lot(s)rforthepurposeofconstructinganewdwellingunitforsaletothepublic.

Section3."Connnittee"shallmeanandrefertotheSTONEGATEArchitecturalControl CommitteeoranypersonorpersonstowhomtheArchitecturalControlCommitteedelegatessuch responsibilityprovidedforinArticleIIhereof.

,Section4.I"CommonArea"shallmeanpropertyownedbyorunderthecontrolor jurisdictionoftheAssociationforthecommonuseandbenefitoftheOwners,togetherwithsuch otherpropertyastheAssociationmay,atanytimeorfromtimetotime,acquirembypurchaseor othervvise,subject,however,totheeasements,limitations,restrictions,ldedicationsandreservations applicabletheretobyvirtuehereofand/orbyvirtueoftheSubdivisiOnplatfiledofrecord,and/orby virtueofpriorgrantsordedications.Referenceshereintothe"CommonArea"shallmeanandrefer toCommonAreaasdefinedrespectivelyinthisDeclarationandsupplementalDeclarations.

HOUSTON523450vl "Common Area" shall alsovmean and refer to all existing and subsequently provided improvementsupon or within the Common Area, except those as may be expressly excluded herein.

Common ’Areamay include, but not necessarily be limited to, the following: structures for recreation, swimmingpools, playgrounds, structures for storage protection of equipment, fountains,statuary, sidewalks,gates, streets, fences, landscaping, Private Streets, Lakes, and other similar and appurtenant, improvements.

The Association may issue rules andre'gulations for use, maintenance, and operationof the Common Areas, and the Association or Develop er may assign the costs or

similar and appurtenant, improvements.

The Association may issue rules andre'gulations for use, maintenance, and operationof the Common Areas, and the Association or Develop er may assign the costs or responsibilities formaintenance of certain Common Areas to one or more Section Association(s).Section 5.

"Declaration" shall mean this Declaration of Covenants, Conditions andRestrictions forCANYON LAKES VILLAGE Section 1.Section 6.

I»"Developer" shall mean and refer to PULTE l—IOMES OF TEXAS, L.P.Section 7.

"Golf COurse" Ishall mean the real property and improvements operated or tobe operated asagolf course, clubhouse andrelated facilities.Section 8"Green Belt(s)" shall mean any property in the Subdivision owned by theDeveloper or Association or any Section Association and designated for recreation area or Common _Area.

Section 9.

"Lakes“ shall mean any body of permanent water, being either anatural lakeor arti ficial/man made flood control lake.Section 10.

"Lake Lot(s)" shall mean any lot which shares any common boundary with aLake or with an Association or Section Association Green Belt around the Lake.HOUSTON 523450v1 f“.1C)i"3Section 11.

"Landscape Areas" shall mean and refer to all common areas located:* a. within alleSplanades located upon orwithin major thoroughfares located onthe Property;b.

within landscape Reserves;0.

between the outside edge of the paving of the roadway of .any major.

thoroughfare within.

the Property and the right-of—way line thereof; and(1.

project identity tracts located atanystreet intersection inthepreperties. .Section 12.

"Lot" shall mean and refer to any subdivided parcel of land designated as aLot or Lots shown upon any recorded Subdivision map or plat of the Property, with the exception ofproperty designed thereon as "Private

l mean and refer to any subdivided parcel of land designated as aLot or Lots shown upon any recorded Subdivision map or plat of the Property, with the exception ofproperty designed thereon as "Private Streets," "Public Streets," "Reserves," "Commercial Reserves,""Unrestricted Reserves," "Lakes," "Golf Course," "Common Area," or "Recreational Areas," if any.Lots aretobeused forresidential purposes only.Section 13.

"Owner" shall mean and refer to the record owner, whether one or morepersons or entities, of afee simple title to any Lot or parcel of land which is apart of the Properties,including executory' Contract sellers, but excluding those having such interest merely as security forthe performance of an obligation.

‘Section 14.

"Private Streets" shall mean any street, drive or right of way owned by theDeveloper or the Association and used for ingress and egress into or around the subdivision or anypart thereof.

Private Streets are to be maintained at Association or sub-Association expense.HOUSTON 523450v1 Section 15.

"Property" shall mean and refer to: (a) that certain real property firsthereinabove described as CANYON LAKES VILLAGE Section 1, and (13) such additions thereto asmay hereaftervbe brought Within the jurisdiction of the Association.Section 16.

"Recreational Area" shall mean all common areas used speci fically forg.

recreational purposes byOwners, their families andinvitees.Section 17.

"Reserves" shall mean any lot having any common boundary with aReservefor Common Area, recreational greenIVSpace, Subdivision project identity signs or landscaping.Section 18.

”Section Associations" ‘shall mean and refer to any Texas non~pro fitcorporation established to govern any individual or group of further subdivided sections ofCANYON LAKES VILLAGE that may be platted or

ection Associations" ‘shall mean and refer to any Texas non~pro fitcorporation established to govern any individual or group of further subdivided sections ofCANYON LAKES VILLAGE that may be platted or formed out of the Property described aboveand governed alsobythisDeclaration.Section 19.

"STONE GATE" shall mean all currently existing and future developmentsand/or subdivisions generally known as "STONE GATE" as reflected by the Map or Plat Records ofHarris County, Texas, and asadministered bytheAssociation.Section 20.

"Subdivision" shall mean and refer to STONE GATE.ARTICLE II.ARCHITECTURAL CONTROLSection 1.

Architectural Control.

No buildings, landscaping, improvements or fences ofany character shall be erected or placed or the erection thereof begun, or changes made in the design,color, materials, size or additions, remodeling, renovation or redecoration of any portion of theHOUSTON 523450Vl tr“ 3 , jexterior of any improvement on aLot before or after original construction, until the constructionplans, detailed Speci fications and survey or original plot plans showing the location of the structureor improvements have been submitted to and approved in writing by the committee, or its dulyauthorized representative.

Such written approval must be given for compliance with this..

Declaration, quality, type, and color of material, harmony of external design with existing andproposed structures and for location with respect to topography, setbacks, and finish grade elevation.All new constructiou shall be in accordance with STONE GATE designiguidelines, Section design .guidelines, and this Declaration.

In the event the Committee fails to indicate its approval ordisapproval within fortyfive (45) days afier the receipt of the required documents, approval will notbe required and

, and this Declaration.

In the event the Committee fails to indicate its approval ordisapproval within fortyfive (45) days afier the receipt of the required documents, approval will notbe required and the related COVenants set out herein shall be deemed to have been fully satis fied.Approval by Committee non—response shall not apply to any request which would (a) violate anysetback or easement set out in the Declaration or recorded Plat, or (b) violate any express provisionof this Declaration.

Such requests shall be deemed to be automatically disapproved.The Committee shall be comprised of three (3) members.

The initial members of .theCommittee shall .be appointed by the Developer.

if there exists at any time one (1) or morevacancies in the Committee, the remaining member or members of such Committee may designatesuccessor member(s) to fill such vacancy or vacancies, provided that Developer may fiom time totime, without liability of any character for so doing, remove and replace any such members of theCommittee as it may in its sole'discretion determine.

The Developer, the Committee and theindividual members thereof shall not be liable for any act or omission in performing or purporting to6 HOUSTON 523450111 perform the functions delegated hereunder.

The Association shall indemnify and hold the membersof the Committee harmless for any claims and shall insure them under the Association Directors' andOf ficers' liability insurance policy.ADeveloper hereby retains its rights to assign all or part of the duties, powers andresponsibilities of the Committee to the Association and its Board of Directors, and the term“Committee" herein shall include the Association, as such assignee.

Anything contained in thisParagraph or elsewhere in this Declaration'to the contrary

ciation and its Board of Directors, and the term“Committee" herein shall include the Association, as such assignee.

Anything contained in thisParagraph or elsewhere in this Declaration'to the contrary notWithstanding, the Committee, and itsduly authorized representatives, is hereby authorized and empowered, at its sole and absolutediscretion, to make and permit reasonable modi fications of and deviations from any of the.requirements (if this Declaration relating to the (a) type, kind, quantity or quality of the buildingmaterials to be used in the construction of any building or improvement on any Subdivision Let andof the siZe and (b) location of any such building or improvement when, in the sole and finaljudgment and Opinion of the Committee, or its duly authorized representative, such modi ficationsand deviations in such improvements will be in harmony with existing structures and will notmaterially detract from the aesthetic appearance of the Subdivision and its improvements as awhole.The variance provision shall not apply to required set backs, easements, and fences or obstructionsalong Green Belts, Common Areas, or Lake Lots.In connection with its consideration of arequest for an approval, mo dification, or avariance,the Committee may require the submission to it of such documents and items as it shall deemappropriate, including as examples, but without limitation, written request for and description of the7 HOUSTON 523450v1 C construction modi fication or variance requested (plans, speci fications, plot plans, surveys, andsamples of materials).

If the Committee shall approve such request, the Committee.

may evidencesuch approval, and grant its permission, only by written instrument, addressed to the Owner of theLot(s), expressing the decision of the Committee

hall approve such request, the Committee.

may evidencesuch approval, and grant its permission, only by written instrument, addressed to the Owner of theLot(s), expressing the decision of the Committee describingr(when applicable) the conditions onwhich the application has been approved (including as examples, but without limitation, the type ofalternate materials-to be permitted and alternate fence height approved or specifying the location, Iplans and speci fications applicable to an approved out building), and signed by amajority of the thenmembers of the Committee (or by the Committee's duly authorized representative).

Any request foravariance from the express provisions of this Declaration shall be deemed to have been disapprovedfor the purposes hereof in the event of either (a) written notice of disapproval from the Committee,or Cb) failure by the Committee to respond to the request for variance.

In the event the Committee orany successor to the authority thereof shall not then be functioning and/or the term of the Committeeshall have expired and the Association shall not have succeeded to the authority thereof as hereinprovided, no variances from the covenants of this Declaration shall be permitted because of theDeveloper‘s-intention that no variances be available except at the discretion of the Committee, or ifitshall have succeeded to the authority of the Committee in the manner provided herein, theAssociation.

The Committee shall have no authority to approve any variance except as expresslyprovided in this Declaration.

The Committee or Association may charge areasonable fee for reviewof all Architectural Control Applications ("Applications").HOUSTON 523450vl Section 2.

Minimum Construction Standards.

The Committee may from time to timepromulgate an outline of

sonable fee for reviewof all Architectural Control Applications ("Applications").HOUSTON 523450vl Section 2.

Minimum Construction Standards.

The Committee may from time to timepromulgate an outline of minimum acceptable construction standards; provided, however, that suchoutline will serve as aminimum guideline and the committee shall not be bound thereby.Seption 3.

i No Liability.

Neither the Committee nor the Association or the respectiveagents, employees and architects of each shall be liable to any Owner or any other party for any loss,claim or demand asserted on account of the administration of this Declaration or the performance ofthe duties hereunder, or any failure or defect in such administration and performance.

ThisDeclaration can be altered or amended only as provided herein, and no person is authorized to grantexceptions or make representations contrary to the intent of this Declaration.

No approval of plansand speci fications and no publication of minimum construction standards shall ever be construed asrepresenting that such plans, speci fications or standards will, if followed, result in a properlydesigned residential structure.

Such approvals and standards shall in no event be construed asrepresenting or guaranteeing that any residence will be built in agood, workmanlilce manner.

Theapproval or lack of disapproval by the Committee shall not be deemed to constitute any warranty orrepresentation by such Committee, including without limitation any warranty or representationrelating to fitness, design or adequacy of the proposed construction or compliance-with applicablestatutes, codes and regulations.

The acceptance of adeed to aresidential Lot by the Owner in theSubdivision shall be deemed acovenant and agreement on the part of the Owner, and the

nce-with applicablestatutes, codes and regulations.

The acceptance of adeed to aresidential Lot by the Owner in theSubdivision shall be deemed acovenant and agreement on the part of the Owner, and the Owner'sheirs, successors and assigns, that the Committee and the Association, as well as their agents,employees and architects, shall have no liability under this Declaration except for Will fiilmisdeeds.9, HOUSTON 523450v1 L/ QSection 4.

Single FamilyResidential Construction.

No building shall be erected, alteredor permitted to remain on any Lot other than one detached single-family residential dwelling not toexceed two and one-ha1f(2 V2) stories in height, aprivate garage for not more than three (3) cars andbona fide servants' quarters, which quarters shall not exceed the main dwelling in height and whichmay be occupied only‘by amember of the family occupying the main residence on the building siteor by domestic servants employed on the premises.

No room(s) in the dwelling and no space in anyother structure shall be let or rented.

This shall not preclude the main residential structure frombeing leased or rented in its entirety as asingle residence to one (1) family or person.

This provisionshall not apply to the Golf Course, recreation areas, Common Area, any unrestricted Reserves orReserves, or Property designated for commercial development as shown on any plat or map of thePreperty, or any amendment thereto.

-Section 5.

Minimum Square Footage Within Improvements.

The total living area on theground floor of amain residential structure (exclusive of porches, garages and servants‘ quarters)shall be not less than twelve hundred (1,200) square feet for one-story dwellings.

The total livingarea for amultistory dwelling (exclusive of porches, garages and servants' quarters)

rvants‘ quarters)shall be not less than twelve hundred (1,200) square feet for one-story dwellings.

The total livingarea for amultistory dwelling (exclusive of porches, garages and servants' quarters) shall be not lessthan fourteen hundred (1,400) square feet.

The Committee, at its sole discretion, ishereby permittedto approve deviations in any building area herein prescribed in instances when in the Committee'ssole judgment such deviation would result in amore common bene ficial use.

Such approvals mustbe granted in writing and, when given, will become part of these restrictions to the extent of theparticular Lot involved.10 HOUSTON 523450vl /"\.

Section 6.

Exterior Materials.

The exterior materials of residential structures and anyattached garage and servants' quarters shail be not less than sixty percent (60%) brick on the groundfloor, with the remainder being either brick or masonry siding or "hardiplank," unless otherwiseapproved by the Committee.

However, any and all Subdivision residential structures that back up orside to the primary entrance access road, and any and all homes that back up or side to the entrymonument, and any and all homes that back up or side to any Lake shall have brick on all four (4)sides whether it be one or two story‘dweiling,‘ all subject to the approval by the Committee asdescribed in Article II, Section 1.Section 7.

New Construction Only.

No building of any kind with the exception of lawnstorage or children‘s playhouses (which shall require Committee approval as provided in Article III,SectiOn 2) shall ever be moved onto any Lot within said subdivision, it being the Developer'sintention that only new construction shall be placed and erected thereon, except with the priorwritten consent of the Committee.Section 8.

Roofs and Roo fing

n said subdivision, it being the Developer'sintention that only new construction shall be placed and erected thereon, except with the priorwritten consent of the Committee.Section 8.

Roofs and Roo fing Materials.

iThe roofs of all buiidings on the Property shallbe constructed or covered with asphalt dimensional composition shingles or fiberglass compositionshingles with a minimum manufacturer guarantee of twenty (20) years.

.The color of anydimensional composition shingles shall be subject to written approval by the Committee prior toinstallation.

The roofs of all buiidings shall contain aroof pitch of not less than five inches (5") pereach vertical twelve inches (12") of roof.

Roofs on attached porches may have aless er pitch as maybe determined by the Committee.11 HOUSTON523450v1 Section 9.>Location oftheImprovements Upon theLot. Nobuilding, structure, orotherimprovements shall belocated onanyLotnearer tothefront Lotlineornearer tothestreet sidelinethan theminimum building setback lineshown ontherecorded plat. Nobuilding, structure, orotherimprovempnt shall belocated onanyLotnearer than tenfeet(10') toanyside street line. No' building shall belocated nearer than fivefeet(5')to anyinterior Lotlinewith theexception ofdetached garagesthat‘, where allowed, mayzhave athree foot(3')side-yard building line. NoLake or.Reserve Lotshall have anyimprovements Within talenty feet(20') oftheProperty lineadjacent tothe LakeorReserve.ForthepurposesofthisDeclaration,stepsandunroofedterracesshallnotbeconsidered aspart ofabuilding; provided, however, thatthisshall notbeconstrued topermit any portionoftheconstructiononaLottoencroachuponanotherLot,3Lake,Landscapearea,oranyCommon Area.Section 10. Composite Building Site. Any Owner ofoneormore adjoining Lots (or

ll notbeconstrued topermit any portionoftheconstructiononaLottoencroachuponanotherLot,3Lake,Landscapearea,oranyCommon Area.Section 10. Composite Building Site. Any Owner ofoneormore adjoining Lots (or portionsthereot)mayconsolidatesuchLotsorportionsintoonesingle~familyresidencebuilding site,withtheprivilegeofplacingorconstructingimprovementsonsuchsite,inwhichcasesetback linesshallbemeasured:fromtheresultingsidepropertylinesratherthanfromtheLotlinesshownon therecordedplat.Anysuchproposedcompositebuildingsite(s)mustbeapprovedbytheConnnittee.

NoLotshall besubdivided oritsboundary lines changed except with theprior writtenapproval oftheAssociation. Declarant, however, hereby expressly reserves theright toreplat any Lot(s)ownedbyDeclarantwithouttheconsentoftheAssociationoranyOwner.Anysuchdivision, boundarylinechange,orreplottingshallnotbeinviolationoftheapplicablesubdivisionandzoning12 HOUSTON523450v1 c4; "c1regulations.

NoLotshall bemade subject toanytype oftimesharing, fraction~sharing orsimilarprogram whereby theright toexclusive useoftheLotrotates among members oftheprogramon afi xed orfloating time schedule over aperiod ofyears.Sestion 11.

Utility Easements.

Easements for installation and maintenance of utilities arereserved asshown andprovided forontherecorded platorbyseparately recorded instrument, andnostructure of any kind shall be erected upon any of said easements.

Utility easements are for thedistribution of electrical, telephone, gas, water, and cable television'service.

In some instances,sanitary sewer lines arealso placed within theutility easement. Utility easements aretypicallylocated along the rear Lot line, although selected Lots may contain aside Lot utility easement for thepurpose

itary sewer lines arealso placed within theutility easement. Utility easements aretypicallylocated along the rear Lot line, although selected Lots may contain aside Lot utility easement for thepurpose ofcompleting circuits ordistribution systems. Both therecorded Subdivision platandtheindividual Lotsurvey should beconsulted todetermine thesize andlocation ofutility easements onaspeci ficLot. IGenerally, interior Lots contain autility easement along therearline. Perimeter Lotsor Lots thatback uptodrainage facilities, pipeline easements, property boundaries andnon-residential tracts typically contain autility easement. Encroachment ofstructures upon autilityeasement isprohibited. Neither Developer, noranyutility company using theeasements shall beliable foranydamage done byeither ofthem ortheir assigns, their agents, employees orservants toshrubbery, trees, flowers orimprovements oftheOwner located ontheland within oraffected bysaid easements.Section 12. Reservation ofEasements. Declarant expressly reserves forthebene fitofallof theProperty reciprocal easements foraccess, ingress andegress forallOwners toandfrom their13 HOUSTON 523450Vl .--respective Lots, forinstallation andrepair ofutility services; forencroachments ofimprovementsconstructed byDeclarant and participating builders orauthorized bytheCommittee over theProperty; and for drainage of water over, across and upon adjacent Lots, Common Areas and theProperty resulting from the normal use of adjoining Lots, Common Areas or PrOperty, and fornecessary maintenance and repair of any improvement.

Such easements may be used by Declarant,'its successors, purchasers, the Association, and all Owners, their guests, tenants and invitees residingon

necessary maintenance and repair of any improvement.

Such easements may be used by Declarant,'its successors, purchasers, the Association, and all Owners, their guests, tenants and invitees residingon ortemporarily visiting theProperty, forpedestrian walkways, vehicular access andsuch otherpurposes reasonably necessary for the useand enjoyment of aLot, common Area or the Property.Section 13.

@1395 No garage on alot with aresidential dwelling shall ever be changed,altered orotherwise converted foranypurpose inconsistent with thehousing ofaminimum oftwo(2) automobiles atalltimes. AllOwners, their families, tenants andContract purchasers shall, tothegreatest extent practicable, utilize such garages forthegaraging ofvehicles belonging tothem.Detached garages arenotpermitted onLots thatback onto aGreen Belt,Lake, orRecreational Area.When the side of aLot is exposed to a Green Belt, Lake, or Recreational Area, a detached garagemay be allowed provided that the garage is on the side of the Lot opposite the Green 'Belt, Lake, orRecreational Area.

.

_ ._Section 14.

Landscape Areas.

The Association shall have the right to conduct landscapingactivities upon and within the Landscape Areas.

Lot Owners shall maintain the easement betweentheir Lotandallstreet ’orroad right ofways. TheAssociation shall have theright, butnottheobligation, to install, operate, maintain, repair and/or replace public street lighting, hike and bike14 HOUSTON 523450v1 "Dtrails, jogging paths, walkways and other similar improvements, provided such lighting, trails, paths,walkWays and other improvements must be constructed within the rights-of—way of thoroughfares.The Association may assign such maintenance and operation to Section Associations.Section 15.

Sidewalks.

Before the dwelling house is completed and

onstructed within the rights-of—way of thoroughfares.The Association may assign such maintenance and operation to Section Associations.Section 15.

Sidewalks.

Before the dwelling house is completed and occupied, the Buildershall construct aconcrete sidewalk four feet (4') in width parallel to the street curb two inches (2")back fi'om the property lines of the Lot into the street right—of-way.

Builders on comer Lots'shallinstall such asidewalk both parallel to the front hot line and parallel to the side street Lot line.

Suchsidewalks shall comply with all federal, state and county laws, ordinances, or regulations respectingconstruction and/or speci fications, if any.

Locations of sidewalks are not to be varied except whenrequired to avoid existing trees.Section 16.

Street Trees.

Street trees shall be planted and maintained in the green spacelocated between the back of the street curb and the sidewalk on all Lots.

Street trees shall be onlyLive Oak variety and shall be planted with aminimum two inch (2”) trunk caliper.

One (1) street treeper lot for each adjacent street or road shall be planted on Lots having street fiontage of sixtyfivefeet (65') or less and two (2) street trees per side adjacent to any street or road shall be planted onLots having fiontage more than sixty five t’eet (65').

Lots shall have street trees on all sides withsideWalks.

Street trees shall be situated so as not to obstruct vision at street corners andintersections.

The street trees requirement shall be in addition to, and not substitute for, yard treerequirement set out elsewhere in the Restrictions.

Street trees shall be planted by the builder beforeany house is conveyed to an Owner and thereafter shall be maintained by the Owner of the Lot.15 HOUSTON 523450vl l vSection 17.

Housing Plan and

treet trees shall be planted by the builder beforeany house is conveyed to an Owner and thereafter shall be maintained by the Owner of the Lot.15 HOUSTON 523450vl l vSection 17.

Housing Plan and Elevation Repetition.

The following three (3) scenariosrepresent STONE GATE's guidelines for determining when aplan and elevation can be repeatedwithin the Subdivision: a.

When building the same plan, different elevation, on the same side of thei.

‘ .street, two (2) Lots must be skipped;b.

' .When building same plan, different elevation, on both sides of the street, twoLots must be skipped; and --c.

When building the same plan, same elevation, on the same side of the street oron both sides of the street, four (4) full hots must be skipped.Section 18.

Landscaping.

The residential Lot builder is responsible for landscaping allfront yards, including the portion of the street right-of—way between the property line and the streetcurb and the rear yards of lots adjacent to Green Belts, Recreational Areas, or any Lake.

Installationof all landscaping must occur immediately upon occupancy of the house or within thirty (30) daysafter completion of construction, whichever occurs first.

Installation of landscaping, includingmaterials and workmanship, must be in conformance with acceptable industry standards.FRONT YARDS -ALL LOTSMinimum planting bed speci fications include:a.

Minimum planting bed width of five feet (5') from the house foundation.Curvilinear planting beds are encouraged;Shrubs are to be planted in apleasing, organized design; andc.

The number of plants utilized shall be appropriate for the size of the plantingbed.

A maximum of seven (7) different species of planting may be utilizedWithin afront yard.16 HOUSTON 523450“

ign; andc.

The number of plants utilized shall be appropriate for the size of the plantingbed.

A maximum of seven (7) different species of planting may be utilizedWithin afront yard.16 HOUSTON 523450“ Planting bededging isnotrequired, butisencouraged formaintenance purposes andtodefinetheshape of planting beds.

Loose brick, plastic, concrete scallop, corrugated aluminum, wire wicket,vertical timbers, railroad tiesarenotincharacter withthedesired landscape effect andareprohibited.Acceptable edging isryerson steel, brick setinmortar, horizontal timber (2inches by4inches, 2inches by 6 incites, 4 inches by 4inches, and 4 inches by 6 inches), stone laid horizontally andcontinuous and concrete bands.

-All planting beds are to be mulched with shredded pine bark, or shredded hardwood.The use of gravel or rock in front yard planting beds isprohibited, except as aborder when set in andlaid horizontally as quarried or utilized for drainage purposes.

Specimen boulders are permitted.Tree stakes must be made of wood, two inches (2") in diameter by six feet (6") long.The front lawn of each completed residence shall be completely sodded with St.

Augustine grass or ahybrid thereof. Seeding and/or sprigging isprohibited.All landscaping is required to be maintained in a healthy and attractive appearance.

Propermaintenance includes: ~ .Adequate irrigation, automatic irrigation systems areencouraged;Appropriate fertilization;Pruning; Mowing;Weed control inlawns andplanting beds;Seasonal mulching ofplanting‘beds;insect and disease control;Replacement ofdiseased ordead plant materials; and,In addition to the street trees and standard front yard landscapingrequirements, the Lot types listed below require the following minimumlandscape material and trees.

(Lots shall be measured from their

n addition to the street trees and standard front yard landscapingrequirements, the Lot types listed below require the following minimumlandscape material and trees.

(Lots shall be measured from their widestpoint.)

can twp-9.61»LOTS 65‘ WIDE AND UNDERA minimum of one (1) tree must be planted in the front yards.

Such tree must have aminimum four .inch (4") caliper.

Minimum tree height is ten feet (10').Trees must be planted in an informal manner.

The same number of tree species and the tree planting17 HOUSTON 523450v1L) _,...plan should notberepeated onadjacent Lots.

Shrubsshallincludeaminimumoften(10)largerspecies(minimumfive[5]gallon),fifteen(15) smallspecies(minimumone[1}gallon),andtwo(2)fifteen(15)gallonspecimens.

CORNERLOTS SupplementallandscapingspecificationsforallcomerLotsincludethefollowing: Five(5)treesselectedfromthefrontyardtreesaretobeplantedalongthesidestreetportionof cornerLots.StreettreessetoutinArticleII,Section1.6hereofmaybecountedforthisrequirement.

Two(2)ofthetreesmustbeaminimumofsixinches(6")incaliperandtheremaining'three(3)trees mustbeaminimumfourinch(4")caliper,measuredasnotedabove.

Aminimumoftwo(2)pinesisrequired,withnomorethanthree(3)pinetreespermitted.

Thefive(5)treesaretobeplantedinformallyandnotalignedinastraightrow.GREEN BELT LOTS SupplementallandscapingspecificationsforallGreenBeltLotsincludethefollowing: TherearlawnofeachGreenBeltLotshallbecompletelysodded.withSt.Augustinegrass(orahybrid thereof); TherearyardofeachGreenBeltLotshallbeplantedwithasufficientamountofshrubssoasto completelyscreenallhousingfoundations;and, Two(2)trees,withminimumtreeheightoftenfeet(10‘)andfourinches(4")incaliper,mustbeplanted in the rear yard of all Green Belt Lots.LAKE LOTS SupplementallandscapingspecificationsforallLakeLotsincludethefollowing:

ees,withminimumtreeheightoftenfeet(10‘)andfourinches(4")incaliper,mustbeplanted in the rear yard of all Green Belt Lots.LAKE LOTS SupplementallandscapingspecificationsforallLakeLotsincludethefollowing: TherearlawnofeachLakeLotshallbecompletelysoddedwithSt.Augustinegrass(orahybridthereof); .

TherearyardofeachLakeLotshallbeplantedwithasufficientamountofshrubssoasto18 HOUSTON 523450v1 screen all housing foundations; and,Two (2) trees, with minimum tree height of ten feet (10') and four inches (4“) in caliper, must beplanted in the rear yard of all Lake Lots.MASTER PLANT LISTA Master filant List to be used by Builders and Owners is attached hereto as Exhibit "C".Section 19.

Landscape Plan.

A plot plan showing all fence locations, all required treesand shrubs with size, location, and species noted shall be.

submitted to the Committee beforeinstallation byallOwners (other than Builders, asdefined inArticle 1,Section 2.)Section 20.

Special Restrictions -"Lake Lots".

In addition to the Use Restrictions setforth above, the following Restrictions shall apply to Lake Lots.

In the event there should be anycon flict between these Special Restrictions —"Lake Lots" and other provisions herein, these SpecialRestrictions shall take precedence.a.

‘Electric Service.

Only underground electric service shall be available for saidLots and no above surface electric service wires will be installed outside of any structure.Underground electric service lines shall extend through and under said Lot in order to.

saw:any structure thereon, and the area above said underground lines and extending two and one-half feet (2 1/2") to each side if said underground line shall be subject to excavation, retailingand ingress and egress for the installation, inspection, repair, replacing and

d extending two and one-half feet (2 1/2") to each side if said underground line shall be subject to excavation, retailingand ingress and egress for the installation, inspection, repair, replacing and removing of saidunderground facilities by such utility company.

Owners of said Lots shall ascertain the ,location of said lines and keep the area over the route of said lines free of excavation andclear of structures, trees or other obstructions.19 HOUSTON 523450v1 b.

‘ Garages.

Any Lake Lot garage that backs up to aLake must be attached tothe main residence.

This requirement for an attached garage supersedes any contraryrequirement.

,.

c.

Set-Back.

All houses built on Lake Lots which have acommon boundarywith aLake and Wm streets shall face the common boundary of the lot and the street fromwhich the building set-back distance is larger, unless a deviation from this provisionisapproved by the Committee.:1.

figs.

Owners of Lots adjoining aLake will not grow, nor permit to grow,architectural varieties of grasses or other vegetation which, in the opinion of the Committee,is adverse to Lake grasses or vegetation.

Such Owners (1) may, Iwith the prior approval ofthe Committee, install barriers which will prevent the spread of otherwise prohibited grassesand vegetation and alter the installation of such barriers, (2) may grow such grasses orvegetation adjacent totheLake.6.

Above Ground Structures.

Only main residential structures with attachedgarages and approved fences may be built on Lake Lots.

No other above ground structuresof any type shall be permitted, and no other variances shall be approved by—the Committee.f.

Roof Lines.

The roof line on any approved structure on aLake Lot may notextend onto theLake noranysetback.20 HOUSTON 523450v1

be permitted, and no other variances shall be approved by—the Committee.f.

Roof Lines.

The roof line on any approved structure on aLake Lot may notextend onto theLake noranysetback.20 HOUSTON 523450v1 g.NoVariances.Nodeck,terrace,trellis,steps,piers,oranyotherabove groundstructureallowedtoprotrudeintoorpastthebuildingsetbacklines.Novariancesshall be permitted.

,‘_h..NoDocks.OwnersofLakeLotsmaynotconstructormaintainanydocksor similarrecreationalorboatingstructuresinanyportionoftheyardfacinganyLake.

i.NoBoatsEtc.OwnersofLots(includingwithoutlimitation,OwnersofLake Lots)maynotutilizeanyboat,canoe,paddleboat,raft,oranyothertypeoffloatingvesselona Lake.Section 21. Underground Electric service. Anunderground electric distribution system willbeinstalledinthatpartofSTONEGATE(“UndergroundResidentialSubdivision"),which.

undergroundserviceareashallembraceallLotsinSTONEGATE.TheOwnerofeachLotinthe UndergroundResidentialSubdivisionshall,athisowncost,firrnish,install,ownandmaintain(allin accordancewiththerequirementsoflocalgoverningauthoritiesandtheNationalElectricalCode [2"N.E.C."])theundergroundservicecableandappurtenancesfromthepointoftheelectric company‘smeteringoncustomer'sstructuretothepointofattachmentatsuchcompany'sinstalled transformersorenergizedsecondaryjunctionboxes;Suchpointofattachmentshallbemade availablebytheelectriccompanyatapointdesignatedbysuchcompanyattheprepertylineofeach Lot.Theelectriccompanyfurnishingserviceshallmakethenecessaryconnectionsatsaidpointof attachmentandatthemeter.Inaddition,theOwnerofeachsuchLotshall,athisowncost,furnish, install,ownandmaintainameterloop(inaccordancewiththencurrentstandardsandSpecifications 21HOUSTON 523450vlU (h, of the electric company furnishing service) for the location and installation of the meter of suchelectric company for the

(inaccordancewiththencurrentstandardsandSpecifications 21HOUSTON 523450vlU (h, of the electric company furnishing service) for the location and installation of the meter of suchelectric company for the residence constructed on such Owner's Lot.

For so long as undergroundservice is maintained in the Underground Residential Subdivision, the electric service to each Lottherein shall be underground, uniform in character and exclusively of the type known as single-phase, 110/220 volt, three wire, 60 cycle, alternating current.The-electric company has installed the underground electric distribution system in theUnderground Residential Subdivision at no cost to Developer (except for certain conduits, whereapplicable) upon Developer’s representation that the Underground Residential Subdivision is beingdeveloped for single—family dwellings of the usual and customary type, constructed upon thepremises, designed to be permanently located up on the Lot where originally constructed and built for‘ sale to bona fide purchasers (such category of dwelling expressly excludes, Without limitations,mobile homes and duplexes).

Therefore, should the plans of Lot Owners in the UndergroundResidential Subdivision be changed so that dwellings of adifferent type will be permitted in suchSubdivision, the electric company shall not be obligated to provide electric service to aLot where adwelling of adifferent type is located unless (a) Developer has paid to the electric company anamount representing the excess in cost, for the entire Underground Residential Subdivision, of theunderground distributiou system over the cost of equivalent overhead facilities to serve suchSubdivision, or (b) the Owner of such Lot, or the applicant for service, shall pay to the electriccomp any for the additional service

ystem over the cost of equivalent overhead facilities to serve suchSubdivision, or (b) the Owner of such Lot, or the applicant for service, shall pay to the electriccomp any for the additional service (it having been agreed that such amount reasonably represents theexcess in cost of the underground distribution system to serve such Lot), plus (2) the cost of 22HOUSTON 523450v1 rearranging and adding any electric facilities serving such Lot, which rearrangement and/or additionis determined by the company to be necessary.Section 22.

Structured III-House Wiring.

Each house built in the Sub division shall includeamong itslcomponents structured in—house Wiring and cabling to support multiple telephone lines,intemet/modem connections, satellite and cable TV service and in-house local area networks.

Ineach home, acentral location or Main Distribution Facility ("MDF") must be identi fied to whichALL wiring must be run.

The MDF is the location where all wiring is terminated andinterconnected, and where the electrical controllers will be mounted.

IThe MDF will be'the central location for all wiring of all types including security, data,video, and telephone wiring.

The Wirin groom must be aclean interior space, preferably temperaturecontrolled and secure.

The components must be installed only in adry location.The following are acceptable locations:a.

A dedicated Wiring closet (ideal installation);b.

A storage closet (if appropriate space is available); orc.

A utility room that is considered dry as described in the NBC.The components SHALL NOT be installed in agarage, crawl space, exterior enclosure, or fire rated_wall, as these are not approved installation locations.

The volume and Ventilation characteristics ofthe MDF must allow for 70W heat dissipation without exceeding the

exterior enclosure, or fire rated_wall, as these are not approved installation locations.

The volume and Ventilation characteristics ofthe MDF must allow for 70W heat dissipation without exceeding the ambient temperature andhumidity requirements.

The speci ficrequirements, speci fications, and locations for each MDF shallbe subject to Committee approval in each case.

The Committee may promulgate rules and/or rulesand/or Speci fications for the MDFs.

'‘23 HOUSTON 523450v1 O ‘DDSection 23.

BULK COMMUNICATION SERVICES.

IN THE SOLE DISCRETION OFTHE DEVELOPER, ASLONG ASDEVELOPER ISINCONTROL OFTHE SUBDIVISION,AND THEREAFTER, IN THE SOLE DISCRETION OF THE ASSOCIATION, THEASSOCIATION SHALLHAVE THE EXCLUSIVE RIGHT AND OPTION TO PROVIDE ANDBILL EACH LOT OWNER FORTHE FOLLOWING COMMUNICATION SERVICES EITHERINDIVIDUALLY OR BUNDLED PACKAGES:TELEPHONE SERVICES (LOCAL AND LONG DISTANCE)CLOSED CIRCUIT TELEVISIONCABLE TELEVISION ‘SATELLITE TELEVISIONINTERNET CONNECTIONCOMMUNITY INTERNET .FIRE ORBURGLAR ALARM MONITORINGON DEMAND VIDEOVOICE MAILF‘P‘qornsbP-RP‘ETHESE SERVICES SHALL BEBILLED INACCORDANCE WITH ARTICLE VI,SECTION 71').Section 24.

BULK POWER SERVICES.

IN THE SOLE DISCRETION OF THEDEVELOPER ASLONG ASTHE DEVELOPER ISINCONTROL OFTHE SUBDIVISION,AND THEREAFTER, INTHE SOLE DISCRETION OF.THE ASSOCIATION, THEASSOCIATION SHALL HAVE THE EXCLUSIVE RIGHT AND OPTION TO PROVIDE ANDBILL EACH LOT OWNER FOR THE FOLLOWING POWER SERVICES FROM THEASSOCIATION EITHER INDIVIDUALLY OR IN BUNDLED PACKAGES:a.

ELECTRICAL POWERb.

NATURAL GAS24 HOUSTON 523450v1 Section 25. Grading andDrainage. Each Lotshall begraded sothatstorm water willdrain totheabuttingstreet(s)andnotacrossadjacentLots.Minimumgradeshallbeonepercent(1.0%).Exceptions

GAS24 HOUSTON 523450v1 Section 25. Grading andDrainage. Each Lotshall begraded sothatstorm water willdrain totheabuttingstreet(s)andnotacrossadjacentLots.Minimumgradeshallbeonepercent(1.0%).Exceptions willbemade inthose instances Where existing topography dictates analternate Lot grading'plan.TheCommitteemustapproveallexceptions.Section 26. Driveways. TheBuilder isrequired tobuild driveways intothestreet right-of— .way.

Alldriveway locations must beapproved bytheCominittee. Totheextent possible, drivewaysare tobede-emphasized, highlighting instead thelandscape andpedestrian environment.Concrete driveways aretobe»aminimurn tourinches (4“)thick over asand base. A#6,sixinch (6") bysixinch (6") woven wire mesh shall beinstalled within the"drive-in" portion ofthedriveway between thecurb andsidewalk. County orcityspeci fications regarding driveway cutsand curbreturnsatdrivewayopeningsshallbeadheredtoforallLots.Driveways may bepaved with concrete orunitmasonry, although useofmaterials should beconsistent with thearchitectural character oftheentire neighborhood. Theuseofstamped orcoloredconcrete, interlocking pavers, brick pavers andbrick borders areencouraged, butmust beapprOVedby theCommittee. Asphalt paving isprohibited.Driveways should notbeconstructed over inlets orrnanholes. Ininstances where thisisunavoidable, compliance with county orcityregulations, which rnayrequire inlet adjustment and/orelevation, willbenecessary.Driveways shall belocated nocloser than twofeet(2')from thesideproperty 1ine.dewaysserving residences with attached side orrearloaded garages, and/or detached garage shall be25 HOUSTON 523450v1 r-~.minimum oftenfeet(10') inwidth atthestreet andmay taper toawidth notlessthan thetotal widthof thegarage asmeasured atthevehicle doors.Driveways serving attached

garage shall be25 HOUSTON 523450v1 r-~.minimum oftenfeet(10') inwidth atthestreet andmay taper toawidth notlessthan thetotal widthof thegarage asmeasured atthevehicle doors.Driveways serving attached two car garages facing the street shall be eighteen feet (18') inwidth.

Driveway slopes should beuniform with smooth transitions between areas ofvarying pitch.The useofcircular drives isdiscouraged andwillbeallowed bytheCommittee only ininstances when thewidth oftheLotissufficient toaccommodate such driveways while leaving asigni ficant amount ofgreen space. Under nocircumstances may anentirefront yard bepaved asadriveway.

Section 27..Outdoor Lighting.All outdoor lighting must conform tothefollowing standards andbeapproved bytheCommittee:a.Floodlightingfixturesmaybeattachedtothehouseoranarchitecturalextension; b.

Floodlighting shall notilluminate areas beyond thelimits oftheproperty line;0.

Ornamental oraccent lighting isallowed butshould beused inmoderation andcomplimenttheassociatedarchitecturalelements;d.

Moonlighting ortiplighting oftrees isallowed, butthelight source must behidden; .e.

Colored lenses onlow voltage lights, colored light bulbs, fluorescent andneon lighting is prohibited; and .

_f.

Mercury vapor security lights, when themixture isvisible from public viewor from other Lots; isprohibited. Mercury vapor lights, when used forspecial landscape Iighting affect (such ashung intrees astipanddown lights)is permissible.Section 28. Screening. Mechanical andelectrical devices, garbage containers andothersimilar objects visible from apublic street, Reserves, Common Areas, Golf Course orLakes or26 HOUSTON 523450v1 k?“3 locatedonPropertyboundariesmustbescreenedfromViewbyeitherfences,walls,plantings,ora

rsimilar objects visible from apublic street, Reserves, Common Areas, Golf Course orLakes or26 HOUSTON 523450v1 k?“3 locatedonPropertyboundariesmustbescreenedfromViewbyeitherfences,walls,plantings,ora combinationthereof.Screeningwithplantsistobeaccomplishedwithinitialinstallation,notassumed growth atmaturity.Section 29. Walls, Fences Hedges. Nowall, fence orhedge shall beerected ormaintained.

nearer tothefront Lotline than tenfeet (10’) behind thefront building line onsuch Lot, noroncorner Lots nearer tothesideLotlinethan thebuilding lineparallel tothesidestreet. Nosideor' rearfence, wall orhedge shall bemore thansixfeet(6‘)inheight from thegrading planfortheLot,except forstreet andperimeter fences erected bytheDevelop erortheAssociation, which fences maybe eight feet(8')inheight. Allfences must beconstructed ofwood, concrete, ornamental wrought-iron, ormasonry. Nochain link fence type construction will bepermitted onanyLot. Any wall,fence orhedge, except forsubdivision perimeter walls, andboulevard walls erected onaLotbyDeveloper, oritsassigns, shall pass ownership with title totheLot, and itshall beOwner'sresponsibility tomaintain said wall, fence orhedge thereafter.All fences andwalls adjacent toanydivided street shallbeentirely ofAssociation designatedmasonry/brick construction. Thebrick ormasonry color, manufacturer, andtype, column design,and fence speci fications shall bepromulgated byrules setbytheCommittee. Association-ownedfences may besited onthelotlineorboundary ofaLotandtheCommon Area, easement, orpublicstreet andsuch fence shall bemaintained-by theAssociation.Section 30. Fences onReserve andLake Lots. Fences aretobeconstructed andmaintained onallReserve andLake Lots. Thefences shall enclose therearLotyard and/or sideLot27 HOUSTON 523450V1 .’\.e and shall be

ection 30. Fences onReserve andLake Lots. Fences aretobeconstructed andmaintained onallReserve andLake Lots. Thefences shall enclose therearLotyard and/or sideLot27 HOUSTON 523450V1 .’\.e and shall be built on the property line as otherwise herein required.

The fences shall be ornamentaliron fences with afence height of four feet two inches (4'2") along the rear property line adjacent tothe Reserve Lake and extending along the adjacent side property lines, thirty feet (30') from the rearproperty line graduated up to amaximum of six feet (6’) in height.All fences must have the prior written approval of the Committee is to location, design, andmaterial, color, and paint and stain requirements.

I Isection 31.

Lot Privacy Fences.

Six foot (6') high wood fences shall be installed betweenall Lots and enclosing the rear yard on all lots except where Association boulevard walls have beenconstructed or where alternative materials have been herein speci fied.

Wood fences shall beconstructed "good neighbor style" (altemating panels) using six inch (6") notched cedar pickets withI aminimum of two (2) rails of two inch (2") by four inch (4") treated wood and four inch (4") by fourinch (4") treated wood posts at amaximum spacing of eight feet (8') on center.

All wood fences shallbe constructed using galvanized nails, four (4) per picket minimum.

Wood fences that face anystreet shall have all pickets facing the street.

The Committee may specify that wood fences facing astreet be stained aparticular color.‘ All wood fences shall be subject to Committee approval prior to coustruction.Section 32.

Fence Maintenance.

All fences, except boulevard masonry fences adjacent tostreets and erected by the Developer and as speci fically required elsewhere herein to be maintainedby the Association,

ion 32.

Fence Maintenance.

All fences, except boulevard masonry fences adjacent tostreets and erected by the Developer and as speci fically required elsewhere herein to be maintainedby the Association, shall be maintained in good condition at all times by the Owner of the Lot.

The28 HOUSTON 523450v1 Association is granted an easement over and across any lot upon which afence or wall owned by theDeveloper or the Association is constructed for the purpose of maintenance or replacement.Section 33.

Other Requirements.

The deed restrictions of the various sections of theProperty may contain more restricted provisions or additional requirements (such as by way ofillustration, require larger building sizes, more brick or masonry siding or different types of buildingmaterials).

In such cases the Section Declaration shall apply to firrther restrict usage or enlargebuilding requirements but shall not apply to limit the Declaration set out herein or lessen the buildingsize or standards each of which shall be considered minimum requirements.ARTICLE III.I USE RESTRICTIONSSection 1.

Prohibition of Offensive Activities.

No activity which is not related to singlefamily residential purposes, whether for pro fitor not, shall be carried on any Lot which is not relatedto single family residential purposes.

No noxious or offensive activity of any sort shall be permittednor shall anything be done on any Lot which may be, or may become, an annoyance or anuisance tothe neighborhood.

No loud noises or noxious odors shall be permitted on the Property, and theAssociation shall have the right to determine if any such noise, odor or activity constitutes anuisance.

Without limiting the generality of any of the foregoing provisions, no exterior speakers,.horns, Whistles, bells or Other sound devices

rmine if any such noise, odor or activity constitutes anuisance.

Without limiting the generality of any of the foregoing provisions, no exterior speakers,.horns, Whistles, bells or Other sound devices (other than security devices used exclusively forsecurity purposes), noisy or smoky vehicles, large power equipment or large power tools, unlicensedoff~road motor vehicles or other items which may unreasonably interfere with television or radio29 HOUSTON 523450v1 O l ' 'W /reception of any Lot Owner in the Property, shall be located, used or placed on any portion of theProperty or exposed to the view of other Lot Owners without the prior written approval of theAssociation.

No television, sound or ampli fication system or other such equipment shall be operated\at alevel that can be heard‘outside of the building in which it is housed.

This Restriction is waivedin regard to the normal sales activities required to sellhomes in the Subdivision and the lightingeffects utilized to display the model homes._Section 2.

Use of Temporary Structures or Outbuildings.

No structure of atemporary -character, Whether trailer, basement, tent, shack, garage, barn or other outbuilding, shall bemaintained or used on any Lot at any time as a residence, or for any other purpose, with theexception of lawn storage or children‘s playhouses that have received Committee approval; provided,however, that sales trailers and construction trailers are permitted during the initial constructionphase and sales phase of the Subdivision development.‘Providedthe express written consent of the Committee is secured prior to installation andplacement on aLot, one (1) lawn storage building and/or one (1) children's playhouse, each limited(3) in maximum height to eight feet (8‘) fi'orn ground to highest point of

red prior to installation andplacement on aLot, one (1) lawn storage building and/or one (1) children's playhouse, each limited(3) in maximum height to eight feet (8‘) fi'orn ground to highest point of structure and (b) to no morethan‘one hundred (100) square feet each, may be placed on aLot behind the main residentialstructure.

.In no case can the outbuilding be placed in autility easement, or within five‘feet (5') of aside property line or ten feet (10') of the back property line.

Additionally, no outbuilding structure ofany type is permitted unless the speci ficLot involved is completely enclosed by fencing.

Otherwise,no outbuilding or temporary structure of any kind shall ever be moved onto or erected on any Lot.30' HOUSTON 523450v1 Additionally, no outbuilding or temporary structure of any kind shall ever be moved onto or erectedon.

any Lake Lot, regardless of whether said Lake Lot is completely enclosed by fencing.

'It isintended hereby that, unless otherwise speci fically approved, only new construction shall be placedand erected on any Lot within the Property.Section 3.

Automobiles, Boats, Trailers, Recreational Vehicles and Other Vehicles.

Nomotor vehicle may be parked or stored on any part of any Lot, easement, street right-of-way orcommon area or in the street adjacent to any Lot, easement, right-of—Way or common area unless:a.

lSuch vehicle does not exceed either six feet six inches (6'6") in height, and/orseven feet six inches (7'6") in width, and/or twenty-one feet (21') in length; and.b.

Such vehicle is concealed from public view inside agarage‘or other approvedenclosure (on the Owner‘s Lot).Only passenger automobiles, passenger vans (the term "passenger vans" speci fically excludesmotor homes and recreation vehicles), motorcycles, pick-up trucks, or pick-up

denclosure (on the Owner‘s Lot).Only passenger automobiles, passenger vans (the term "passenger vans" speci fically excludesmotor homes and recreation vehicles), motorcycles, pick-up trucks, or pick-up trucks with attached-bed covers are permitted provided that they are:a.

In operating condition;b.

Have current license plates and inspection stickers;0.

Are in daily use as motor vehicles on the streets and highways of the State ofTexas; and, (1.

Do not exceed either six feet six inches (6'6") in height, and/or seven feet sixinches (7'6") in width, and/or twenty—one feet (21') in length.31 .

HOUSTON 523450vl [Hex No non—motorized vehicle, trailer, boat, marine craft, hovercraft, aircraft, machinery orequipment of any kind may be parked or stored on any part of any Lot, driveway, easement, streetright-of—way, or Common Area or in the street adjacent to such Lot, easement, street right-of~way,or Common Area unless such object is concealed from public view inside a garage or otherapproved enclosure (on the Owner's Lot).

The phrase "approved enclosure" as used in thisparagraph shall mean any-fence, structure or other improvement approved by the Committee.

No-such enclosure shall be approved on any Lake Lot or Green Belt Lot.

No one shall park, stop orkeep within or adjoining the Property any large commercial—type vehicle (dump truck, cement—mixer truck, oil or gas truck, delivery truck, tractor or tractor trailer, boat trailer and any othervehicle equipment, mobile or otherwise deemed to be a nuisance by the Association), or anyrecreational vehicle (camper unit, motor home, truck, trailer, boat, mobile home or other similarvehicle deemed to be anuisance by the Association).

‘-No One shall conduct repairs or'restorations of any motor vehicle, boat, trailer, aircraft or :other

k, trailer, boat, mobile home or other similarvehicle deemed to be anuisance by the Association).

‘-No One shall conduct repairs or'restorations of any motor vehicle, boat, trailer, aircraft or :other vehicle upon any street, driveway, Lot or portion of the Cornmon Areas, except for repairs tothe personal vehicles of the residents conducted exclusively in the enclosed garage (and provided‘such personal vehicle repairs do not cause excessive noise or disturb the neighbors-at unreasonablehours of the night).This restriction shall not apply to any vehicle, machinery, or maintenance equipmenttemporarily parked and in use for the construction, repair or maintenance of ahouse or houses in theimmediate vicinity.32 HOUSTON 523450v1 Vt...

No vehicle shall be parked on streets or driveways so as to obstruct ingress or egress by otherOwners, their families, guests and invites or the general public using the streets 'for ingress'andegress in the Subdivision.

’i‘he Association may designate areas as fire zones, or no parking zones,or guest parking only zones.

The Association shall have the authority to tow any vehicle parked orsituated in violation of these Restrictions-or the Association rules, the cost to beat the vehicleOwner‘s expense.No motor bikes, motorcycles, motorscooters, "go-carts" or'other similar vehicles shall bepermitted to be operated in the Subdivision if, in the sole judgment of the Association, suchoperation, by reason of noise or‘fumes emitted, or by reason of manner of use, shall constitute.

anuisance or jeopardize the safety of any Owner, his tenants, and their families.

The Association may ‘adopt rules for the regulation of the admission and parking of vehicles within the Subdivision, theCommon Areas, and adjacent street right-of-ways, including the assessment

ilies.

The Association may ‘adopt rules for the regulation of the admission and parking of vehicles within the Subdivision, theCommon Areas, and adjacent street right-of-ways, including the assessment of charges and fines toOwners who violate, or whose invitees violate, such rules afier notice and heading.

Ifa complaint isreceived about aviolation of any part of this section, the Association will be the final authority onthe matter.

‘ ,Section 4.Advertisement and Garage Sales.

The Association shall have the right tomake rules and regulations governing and limiting the advertisement of and holding of garage sales.Section 5.

Air Conditioners.

No window or wall type air conditioner shall be installed,erected, place, or maintained on or in any building without prior written consent of the Committee.33 HOUSTON 523450v1(\ Section 6.

Window and Door Coverings.

No aluminum foil or similar re flective materialshall be used or placed over doors or on windows.Section 7.

Unsightly Objects.

No unsightly objects which might reasonably be'consideredto give annoyance to neighbors of ordinary sensibility shall be placed or allowed toremain on any yard, street or driveway.

The Association shall have the sole and exclusive discretionto determine what constitutes an unsightly object.Section 8.

Pools and Playground Equipment.

No above ground pools are permitted onany Lots.

Playhouse or fort style structures or pool ancillary structures are limited to amaximumoverall height of eight feet (8') and an above ground grade deck maximum length of twenty four 'inches (24").

Additionally, playground and equipment of any type or amenity structures of any typeare permitted only when the specific Lot involved is completely enc105ed by fences.

The intent of .this provision is to offer optimum private enj

equipment of any type or amenity structures of any typeare permitted only when the specific Lot involved is completely enc105ed by fences.

The intent of .this provision is to offer optimum private enj oyrnent of adjacent properties.Section 9.

Mineral Operation.

No oil drilling, oil development operations, oil re fining,quarrying or mining operation of any kind shall be permitted upon or in any Lot or Common Areas,nor shall any wells, tanks, tunnels, mineral excavation, or shafts be permitted upon or in any Lot orCommon Area.

No derrick or other structures designed for the use in boring for oil or natural gasshall be erected, maintained or permitted upon any Lot or Common Area.Section 10.

Animal Husbandry.

No animals, livestock, or poultry of any kind shall beraised, bred or kept on any Lot, except that do gs, cats or other common household pets may be kept,in reasonable numbers, provided that they are not kept, bred or maintained for commercial purposes.34 HOUSTON 523450”.

No Owner shall allow any pets to become a nuisance by virtue of noise, odor, dangerousproclivities, excessive pet debris or unreasonable numbers of animals.

If common household petsare kept, they must be con fined to a fenced backyard (such fence shall encompass the entirebackyard) or within the house.

When away from Lot, pets must be on aleash at all times.

It is thepet Owner's responsibility to keep the Lot clean and fiee ofpet debris and to keep pets front makingnoise which disturbs neighbors.

Pet Owners shall not permit their pets to defecate on other Owners'Lots, on the Common Areas, Golf Course, Lake, Landscape Areas, Recreational Areas or on thestreets, curbs, or sidewalks.Section ll.

Visual Obstruction at the Intersection of Public Streets.

No object or thingwhich obstructs site lines at

e, Lake, Landscape Areas, Recreational Areas or on thestreets, curbs, or sidewalks.Section ll.

Visual Obstruction at the Intersection of Public Streets.

No object or thingwhich obstructs site lines at elevations between two feet (2') and six feet (6') above the roadwayswithin the triangular area formed by the intersecting street property lines and aline connecting themat points twentydfive feet (25’) from the intersection of the street property lines or extension thereofshall be placed, planted or permitted to remain on any corner Lots.

.Section 12.

Lot and Building Maintenance.

The Owners or occupants of all Lots shall atall times keep all weeds and grass thereof cut in a sanitary, healthful, attractive and weed freemanner, and they shall edge curbs that run along the property lines and shall in no event use any Lotfor storage of materials and equipment except for normal residential requirements or incident toconstruction of improvements thereon as herein permitted.

All fences and buildings (including butnot limited to the main residence and garage, if any) which-have been erected on any Lot shall bemaintained in good repair and condition by Owner, and Owner shall promptly repair or replace or35 HOUSTON 523450V1 ‘54) orrestrain thesame intheevent ofpartial ortotal destruction orordinary deterioration, wearand tear. Each Owner shall maintain ingood condition andrepair allstructures ontheLotincluding,but notlimited to,allwindows, deors, garage doors, roofs, siding, brickwork, stucco, masonry,concrete, driveways andwalks, fences, trim, plumbing, gasandelectrical. Byway ofexample, not9- ,of limitation, wood rot, damaged brick, fading, peeling or aged paint or stain, mildew, broken doorsor windows, rotting or failing fences shall be considered yiolations of this

Byway ofexample, not9- ,of limitation, wood rot, damaged brick, fading, peeling or aged paint or stain, mildew, broken doorsor windows, rotting or failing fences shall be considered yiolations of this Declaration, whichconditions theOwner ofaLotshall repair orreplace upon Association demand.All walks, driveways, carports and other areas shall be kept clean and free of debris, oil orother unsightly matter.

The Association shall be the final authority of the need for maintenance orrepair.

No Lot shall be used or maintained as adumping ground for rubbish.

Trash, garbage or other-waste materials shall not be kept except in sanitary containers constructed of metal, plastic ormasonry materials with sanitary covers or lids.

N0 waste materials shall be dumped or drained intoany Golf Course, Lake, Landscape Area or Common Area.

Containers for thestorage of trash,Igarbage and other waste materials must be stored out of public View except on trash collection dayswhen they may be placed at the curb not earlier than 7:00 pm.

of the night prior to the day ofscheduled collections and must be removed by 7:00 pm.

on the day of collection.---No Lot shall beused or maintained as a dumping ground for trash, nor will the accumulation of garbage, trash orrubbish of any kind thereon be permitted.

Burning of trash, garbage, leaves, grass or anything elsewill not be permitted.

Equipment for storage or disposal of such waste materials shall be kept in aclean and sanitary condition and shall be stored out of public View.

New building materials used in36 HOUSTON 523450vl theconstructionofimprovementserecteduponanyLotmaybeplaceduponsuchLotatthetime constrictioniscommencedandmaybemaintainedthereonforareasonabletime,solongastheconstruction

ials used in36 HOUSTON 523450vl theconstructionofimprovementserecteduponanyLotmaybeplaceduponsuchLotatthetime constrictioniscommencedandmaybemaintainedthereonforareasonabletime,solongastheconstruction progresses Without undue delay, until thecompletion oftheimprovements, afterwhich thesematerialsshalleitherberemovedfromtheLotorstoredinasuitableapprovedenclosureonthe9.

‘ 'Lot.

In theevent ofdefault onthepartoftheOWner orOwners ofanyLotinobserving theabove requirementsoranyofthem,suchdefaultcontinuingafterAssociationhasservedten(10)days'written notice thereof, being placed intheUS.MailWithout therequirement ofcertification, thentheAssociation, byand through itsduly authorized agent only, Without liability- totheOwner or-Occupant in trespass or otherWiSe, enter upon said Lot and out the grass, edge and weed the lawn,cause toberemoved garbage, trash andrubbish ordoanyother thing necessary tosecure compliance ‘with thisDeclaration soastoplace said Lotinaneat, attractive, healthful andsanitary condition.The Association may charge theOwner orOccupant ofsuch Lotforthecost ofsuch work. TheOwner or Occupant, as the case may be, agrees by the purchase or occupancy of aLot to pay forsuch work immediately upon receipt ofastatement thereof. Intheevent offailure bytheOwner orOccupant to pay such statement within fifi een (15) days from the date mailed, the-amount thereofmay beadded totheannual maintenance charge provided forherein andthecollection ofsuchadditional maintenance charge shall begoverned byArticle VIofthisDeclaration. .Section 13.

Signs, Advertisements, Billboards.

Except for signs owned by'Builders orDeveloper advertising lotsortheir model homes during theperiod oforiginal construction andhome37 HOUSTON 523450vl

on 13.

Signs, Advertisements, Billboards.

Except for signs owned by'Builders orDeveloper advertising lotsortheir model homes during theperiod oforiginal construction andhome37 HOUSTON 523450vl sales,nosign,poster,advertisementorbiilboardoradvertisingstructureofanykindotherthanone normal'"ForSale"sign,nottoexceedfive(5)squarefeetinitialsizemaybeerectedormaintainedon anyLotinsaidSubdivisionnorbeplacedinanyCommonArea,LandscapeArea,adjacentLot,anyGolfCourse, Lake orRecreational Area. Owner shall alsohave theright tomaintain onhisLotnotQ.more than two(2)signs nottoexceed five(5)square feeteach advertising apolitical candidate inany local, state, orfederal election. These political advertisement signs maybemaintained forthree(3) weeks prior‘to theelection andmust beremoved Within two(2)day’s-va fierthelelection. TheAssociation willhave theright toremove anySign, advertisement,~billboard, oradvertising structurethat does notcomply with theabove, andinsodoing, shall notbesubject toanyliability oftrespass orothersortintheconnectiontherewithorarisingwithsuchremoval.This provision shall notapply toAssociation erDeveloper project identity signs, nor AssociationsignsforrecreationrulesorAssociationinformationalsigns.Section 14._ NoBusiness orCommercial Use. Subjecttotheprovisions ofthisDeclarationandthe Association By-Laws, nopart oftheProperty may beused forpurposes other than singlefamily residential housing andtherelated common purposes forwhich theProperty wasdesigned.Each Lotandstructure shall beused forsingle family residential purposes or-such other usespermitted bythisDeclaration andfornoother purposes. NoLotorstructure shall beused oroccupied for any business, commercial trade or professional purpose or as achurch either apart flouror

such other usespermitted bythisDeclaration andfornoother purposes. NoLotorstructure shall beused oroccupied for any business, commercial trade or professional purpose or as achurch either apart flouror inconnection with, theusethereof asaresidence, whether forprofitornot. Theforegoing38 HOUSTON 523450v1 L,l restrictionsastoresidenceshallnot,however,beconstruedinsuchmannerastoprohibitanOwnerfrom: a.

Maintaining apersonal professional library:‘0.

‘ Keeping personal business. orprofessional records oraccounts; orc.

Handling personal business orprofessional telephone calls orcorrespondence,which usesare'expre‘ssly'declared customarily incidental totheprincipal residential useandnot inviolation ofsaidrestrictions; provided such activity isnotapparent by'sight, sound orsmell orsuch outside theLotanddoes notinvolve visitation totheLotbycustomers,suppliers orother business invitees.Section 15. Holiday Decorations. Exterior Thanksgiving decorations may beinstalledNovember 10 of each year and must be removed by December 1of each year.

Exterior holiday (V)decorations may be installed the day after Thanksgiving each year and must be removed by January5 ofthenew year. Holiday decorations shall notbesoexcessive astocause anuisance toneighborhood residents. The Association shall have thesole andexclusive authority todecide ifholiday decOrations arecausing anuisance.Section 16. Visual Screening onLots. Thedrying ofclothes inpublic View isprohibited.All yard equipment, woodpilesvor storage piles shall be hept screened by aservice yard or othersimilar facility so as to conceal them from View of neighboring Lots, Streets, Golf Course, Lakes,Green Belts,‘ or other property.39 \HOUSTON 523450v1 'J W.‘; ' 17.

Dishes and Antennae.

No electronic antenna or device of any

f neighboring Lots, Streets, Golf Course, Lakes,Green Belts,‘ or other property.39 \HOUSTON 523450v1 'J W.‘; ' 17.

Dishes and Antennae.

No electronic antenna or device of any type other thanan antenna or dish for receiving normal television or satellite signals shall be erected, constructed,placed or permitted to remain on any Lot, houses or buildings.

Television antennae must be locatedto the rear of the roof ridge line, gable or center line of the principal dwelling.

Freestanding antennae..

and dishes must be located behind the rearwal-Lof the main residential strudture, and dishes shall notbelarger than one (1) meter in.

diameter.

Ground level dishes or antennae.

on Lake or Green BeltLots inshall be screened from.

public vievv with landscaping: No antennae, either freestanding orattached, shall be (a) permitted to extend more than five feet (5') above the roof of the mainresidential structure on the Lot or Cb) erected on awooden pole.

No dish shall be permitted to extendabove the roof of the main residential structure on the Lot.

These rules are subject to variance by the -Committee, provided that any variance granted provides for screening deemed sufficient by theCommittee to insure that no such antenna or dish shall be visible fiom the street which runs in frontof said Lot-or the street which runs on the side of any corner Lot, fi'orn the Golf Course, any Lake, or.Green Belt.Section 18.

Drainage and Septic Systems.

Catchbasins drainage areas are for the purposeof natural flow of water only.

No obstructions or debris shall be placed in these areas.

No personother than Declarant may obstruct or rechannel the drainage flows after location and installation ofdrainage swales, storm sewers, or 'storm drains.

Declarant hereby reserves 'for itself and

.

No personother than Declarant may obstruct or rechannel the drainage flows after location and installation ofdrainage swales, storm sewers, or 'storm drains.

Declarant hereby reserves 'for itself and theAssociation aperpetual easement across the Property for the purpose of altering drainage'aud water .flow; provided, hovzever, that the exercise of such easement shall not materially diminish the value40 HOUSTON 523450v1 .\A.“ '\ HOUSTON 523450v1i J T)v,.3or interfere with the use of any adjacent property without the consent of the 0vvner thereof.

Septictanks and drain fields, other than those installed by or with the consent of the Declarant, areprohibited Within the Property.

No Owner or occupant shall dump grass clippings, leaves or otherdebris, petroleum products, fertilizers or other potentially hazardous or toxic substances, in anydrainage ditch, storm sewer or storm.

drain, Lake, Golf Course, or Landscape Areas within theProperty.

ISection 19.

Pireworks and'Fireaims'.

The discharge 'of firesvorlts or firearms WithintheProperty is prohibited.

The terms "firearms" includes ”B-B" guns, pellet guns, and other firearms ofall types, regardless of size.

Notwithstanding anything to the contrary contained herein or in its By—Laws, the Association shall not be obligated to take action to enforce this Section.Section 20.

On—Site Fuel Storage.

No on—site storage of gasoline, heating or other fuelsshall be permitted on any part of the Property except that up to five (5) gallons of hid in approvedcontainers may be stored on each Lot for emergency purposes and operation of latvn mowers andsimilar tools or equipment; provided, however, that the Association shall be permitted to store filelfor operation of maintenance vehicles, generators and similar equipment.ARTICLE IV.S-G OWNERS

ers andsimilar tools or equipment; provided, however, that the Association shall be permitted to store filelfor operation of maintenance vehicles, generators and similar equipment.ARTICLE IV.S-G OWNERS ASSOCIATION, INC.

("Association")Section 1.

Pm.

The purpose of the Association shall be to provide for maintenance,preservation and architectural control of-the residential Lots within its Subdivision, any PrivateStreets, Recreational Areas, and the Common Area, if any.41 \ .5)3 Section2.MembershipandVotingRights.EverySubdivisionLot-OwnerwhoseLotis subjecttoamaintenancechargeAssessment(asdefinedinArticleVI)bytheAssociationshallbea memberoftheAssociation.Membershipshallbeappurtenanttoandmaynotbeseparatedfrom ownershipofanyLotwhichissubjecttoAssessment,Theforegoingisnotintendedtoinclude._ .

personsorentitieswhoholdaninterestmerelyassecurityfortheperformanceofanobligation.No Ownershallhavemorethanonemembership.

Section3.Non—ProfitCorporation.TheAssociation,anonprofitcorporation,hasbeen organized,anditshallbegovernedbytheArticlesofIncorporationofsaidAssociation.Allduties, obligations,benefits,liensandrightshereunderinfavoroftheAssociationshallvestinsaidcorporation.

A Section4.By—Laws.TheAssociationmaymakewhateverrulesorby-lawsitmay choosetogoverntheorganization;provided,however,thatsamearenotinconflictwiththetermsand provisions hereof.

Section5.OwnershipInformation.Thepr0pertyOwnerisrequiredatalltimesto providetheAssociationwithwrittennoticeofpropermailinginformationshoulditdifferfromthe propertyaddressrelativetoownership.Further,whenanalternateaddressexists,Ownerisrequired torendernoticeoftenant,ifany,oragency,ifany,involvedinthemanagementofsaidproperty.

TheOwnerisrequiredandobligatedtomaintaincurrentinformationwiththeAssociationoritsdesignated management company atalltimes.

dernoticeoftenant,ifany,oragency,ifany,involvedinthemanagementofsaidproperty.

TheOwnerisrequiredandobligatedtomaintaincurrentinformationwiththeAssociationoritsdesignated management company atalltimes.

'42HOUSTON 523450v1 15> .

@f)Section 6.

Inspection of Records.

The members of the Association shall have the right toinspect the books and records of the Association at reasonable times for any proper purpose duringnormal business hours, in accordance with the requirements of the Texas Non-Pro fitCorporationAct.

~ARTICLE V.S-G OWNERS ASSOCIATION, INC.MEMBERSHIP AND VOTING RIGHTSSection 1.

Association Membership.

Every Owner of.

a Lot which is subject toassessment shall be amember of the Association.

Membership shall be appurtenant to and may notbe separated from ownership of any Lot which is subject to assessment.Section 2.

.Classes of Voting Membership.

The Association shall have two (2) classes ofvoting membership. M.

Class A members shall be all Owners, with the exception of Developer, and shall beentitled to one (1) vote for each Lot owned.

When more than one (1) person holds an interest in anyLet, all such persons shall be members.

The vote for such Lot shall be exorcised as they determine,but in no event shall more than one (1) vote be cast with respect to any Lot.

Holders of futureinterests not entitled to present possession shall not be considered as Owners for'the purposes ofvoting hereunder. gais fi.The Class B member(s) shall be Developer, or its successors or assigns, and shallbeentitled to three (3) votes for each Lot owned.

The Class B membership shall Cease and be convertedto Class Amemb ership on the happening of either of the following events, whichever occurs earlier43 HOUSTON 52345051 \J) intime: a.

When the total votes outstanding in the Class A

ase and be convertedto Class Amemb ership on the happening of either of the following events, whichever occurs earlier43 HOUSTON 52345051 \J) intime: a.

When the total votes outstanding in the Class A membership equal the totalvotes outstanding in the Class B membership including duly annexed areas; orI b.

on January 1, 2020.DISection 3.

DEVELOPER CONTROL.

SECTIONS 1 AND 2 OF ARTICLE VNOTWITI-ISTANDIN G, AND FOR THE BENEFIT AND PROTECTION OF THE LOT OWNERSAND ANY FIRST MORTGAGES OF RECORD, FOR THE ISOLEPURP'OS-E OF INSURlNG'ACOMPLETE AND ORDERLY BUILDOUT OF STONE GATE AND ALL ANNEXATIONSTHERETO, AS WELL AS A TIMELY SELLOUT OF THE PROJECT, THE DECLARANT WILLRETAIN CONTROL OF AND OVER THE ASSOCIATION FOR A MAXIMUM PERIOD NOTTO EXCEED (A) DECEMBER 31,.

2020 OR (2) WHEN, IN THE SOLE OPINION OF THEDECLARANT, STONE GATE, INCLUDING ALL ANNEXATIONS TI-IERETO, BECOMESVIABLE, SELF-SUPPORTING AND OPERATIONAL.

IT IS EXPRESSLY UNDERSTOODTHAT THE DEVELOPER WILL NOT USE SAID CONTROL FOR ANY ADVANTAGE OVERTHE OWNERS BY WAY OF RETENTION OF ANY RESIDUAL RIGHTS OR INTEREST INTHE ASSOCIATION OR THROUGH THE CREATION OF ANY -MANAGEMENTAGREEMENT WITH A TERM LONGER THAN ONE (1) YEAR WITHOUT MAJORITYASSOCIATION APPROVAL UPON RELINQUISHMENT OF DEVELOPER CONTROL.

ATTHE END OF THE DEVELOPER CONTROL PERIOD, THE DEVELOPER, THROUGH THEASSOCIATION, SHALL CALL THE FIRST ANNUAL MEETING OF THE ASSOCIATION.44 HOUSTON 523450v1 ARTICLEVI.ANNUAL MAINTENANCE ASSESSMENTS ("Assessments") Section1.TheMaintenanceFund.Allfundscollectedashereinafterprovidedforthe benefitoftheAssociationfi‘omtheregularand/orspecialmaintenancechargesforcapital. .,_improvements shall constitute andbeknown asthe"Maintenance Fund." TheAssessments leviedby

dashereinafterprovidedforthe benefitoftheAssociationfi‘omtheregularand/orspecialmaintenancechargesforcapital. .,_improvements shall constitute andbeknown asthe"Maintenance Fund." TheAssessments leviedby theAssociation shall beused exclusively topromote therecreation, health andwelfare oftheresidents inthel’roperty andfortheimprovement'and maintenance andacquisition ofCommonAreas and any Private Streets, Reserves, storm water detention lakes, and easements. Theresponsibilities oftheAssociation mayinclude, bywayofexample butWithout limitation, atitssole,discretion, anyandaliofthefollowing: maintaining, repairing orreplacing parkways, streets, PrivateStreets, curbs, perimeter fences, esplanades; maintaining, repair orreplacing ofthewalkways, steps,enny gates, orfountain areas, Landscape Areas, project identity signs, landscaping ifany;maintaining rights—of—way, easements, esplanades and other public areas, if any; constructing,installing, and operating street lights; purchasing and/orcperating‘ expenses of recreation areas,pools, playgrounds, Clubhouses, tennis courts, jogging tracks and parks, if any, collecting garbage,insecticide.

services; payment of all legal and other expenses incurred in connection, with theenforcement of all recorded charges and Assessments, covenants, restrictions, and conditionsaffecting the Pr0perties to which the maintenance fund applies; payment of all reasonable andnecessary expenses in connection with the collection and administration of the maintenance chargeand Assessment; employing policemen and watchmen; employing CPAs and property management45 HOUSTON 523450v1 -m‘3 :3fi rms, attorneys, porters, lifeguards, oranytype ofservice deemed necessary oradvisable bythe

ssment; employing policemen and watchmen; employing CPAs and property management45 HOUSTON 523450v1 -m‘3 :3fi rms, attorneys, porters, lifeguards, oranytype ofservice deemed necessary oradvisable bythe Association;caringforvacantLotsanddoinganyotherthingnecessaryordesirableintheopinionof theassociationtokeepthepropertiesintheSubdivisionneatandingoodorder,ortowhichisconsidered ofgeneral bene fittotheOwners oroccupants oftheproperty. Itisunderstood thattheL 'judgment oftheAssociation intheexpenditure ofsaid fimdshall befinalandconclusive solong as suchjudgmentisexercisedingoodfaith..dheAssociation shall'also annualiy prepare areserve budget totakeintoaccount thenumber andnatureofreplaceableassets,theexpectedlifeofeachasset,andtheexpectedrepairorreplacement cost. TheAssociation shall settherequired capital contribution inanamount suficient topermitmeetingtheprojectedneedsoftheAssociation,asshownonthebudget,withrespectbothto amount andtiming'by annual Assessments over theperiod ofthebudget. Thecapital contributionrequired, ifany,shall befixedbytheBoard andincluded Within anddistributed With theapplicablebudget andnotice ofAssessments. flSection 2. L333. Any Lake within theSubdivision andowned bytheAssociation orwhich theAssociation isobligated tomaintain shall bemaintained andinsured with Associationfunds.

.Section 3. Creation oftheLien andPersonal Obligation ofAssessments. Each LotintheProperty is hereby subjected to the annual maintenance charge as set‘out in this Article, and eachOwner ofanyLotbyacceptance ofadeed therefore whether ornotitshall besoexpressed insuchdeed, isdeemed tocovenant andagree“- topaytotheAssociation: (1)Assessments orcharges; (2)46 HOUSTON 523450vi 3 "3special Assessments forsuchAssessments tobeestablished andcollected ashereinafter provided;and

sdeemed tocovenant andagree“- topaytotheAssociation: (1)Assessments orcharges; (2)46 HOUSTON 523450vi 3 "3special Assessments forsuchAssessments tobeestablished andcollected ashereinafter provided;and (3)anycharge back forcosts, fees, expenses, attorney's orother charges incurred bytheAssociation inconnection with enforcement ofthese Declarations, theAssociation By-Laws, orrulesand regulations.

The Assessments, special Assessments and charge backs, together with theinterests, colts, late charges, and reasonable attorney‘s fees, shall be acharge on the Lot and shall bea continuing lien upon the property against which such Assessments are made.

All suchAssessments as to' aparticular property, together with interest, late charges, costs and reasonableattorney's fees, shall also be the personal obligation of the person who was the Owner of suchproperty at the time when the Assessments fell due.

The personal obligation for delinquent ‘assessments shall not pass to his successor in title unless expressly assumed by that successor.Section 4.

Payment of Assessments.

The Assessments shall be paid by the Owner orOwners of each Lot in the Association in annual installments.

The annual periods for whichmaintenance charges shall be levied shall be January 1through December 31, with payment beingdue by January 15 of each year.

The rate at which each Lot shall be assessed as to the Assessmentshall be determined annually, shall be billed in advance and may be adjusted fiom year to year by the'Board of Directors of the Association as the needs of the Subdivision may, in the judgment of theAssociation, require; provided, however, that such Assessments shall be uniform for all residentiallots.

The Association's annual and Special Assessments herein above described may be increased

of theAssociation, require; provided, however, that such Assessments shall be uniform for all residentiallots.

The Association's annual and Special Assessments herein above described may be increased bymajority vote of its members at ameeting duly called for that purpose.47 HOUSTON 523450vl fixvt-) /§\' \V) Section5.MaximumAnnualAssessment.AssociationMaintenanceFund("AMF") UntilJanuary1,2001,themaximumannualAssociationAssessmentshallbe1?OURHUNDRED ANDSIXTYDOLLARS($460.00)perLot,perannum.FromandafterJanuary1,2001,the maximumannualassessmentmaybeincreasedeachyearnotmorethantwentypercent(20%)above 9.themaximumAssessmentforthepreviousyearWithoutavoteofthemembership.TheAssociation may,atitsdiscretion,accumulateandassesstheincreaseinalateryear.Themaximumannual ‘Assessmentmaybeincreasedabovethetwentypercent(20%)increasedescribedaboveonlyby approvalofatleasttwo—thirds(2/3)ofeachclassofthemembersintheAssociationpresentand votinginpersonorbyproxyataimeetingdulycalledforthispurposeatwhichaquorumispresent.

TheAssociationmay.fixtheannualAssessmentatanamountnotinexcessofthemaximum.

section6..TransferFees.TheAssociationmaychargeafeefortransferofownershipof aLot.ThefeeshallbesetbytheBoardofDirectors,butshallnotexceedone-third(1/3)oftheannual Assessment. Section7.AdoptaSchoolProgram.InadditiontotheAssessmentsandspecial AssessmentsrequiredtobepaidbyanOwner,eachpurchaserofaLotuponacceptanceofadeed therefore,whetherornotitshallbesoexpressedinsuchdeed,is'deemedtocovenantandagreeto paytheAssociationuponthetransferoftitleofalottothepurchaser:(a)uponfirsttransferofaLot fromaBuildertoapurchaserFIFTYDOLLAR($50.00)contributionbytheBuilder/sellerandan additionalFIFTYDOLLAR($50.00)contributionbythepurchaser;and(b)onsubsequenttransfers,

purchaser:(a)uponfirsttransferofaLot fromaBuildertoapurchaserFIFTYDOLLAR($50.00)contributionbytheBuilder/sellerandan additionalFIFTYDOLLAR($50.00)contributionbythepurchaser;and(b)onsubsequenttransfers, thepurchasersshallpayacontributionequaltoone-tenth(1/10)oftheannualAssessmentforeach48 HOUSTON 523450v1 iLot purchased ("Transfer Assessments").

The Transfer Assessments received by the Association\ under this Section shall be held in aseparate account and shall be used by the Association to fostersupport for local school programs and activities or for such other similar purpose as the Associationin its absolute discretion may approve.

This fee is in addition to the transfer fee imposed by Section.i.4(a) above.

Section 8.

Special Assessments.

In addition to the Assessments authorized above, the IAssociation may levy, in any Assessment year, aspecial Assessment applicable to the current yearonly for the purpose of de fi'aying, in whole or in part, the cost of any construction, reconstruction,rep air or replacement ofa capital improvement upon the Common Area, streets, curbs, storm sewers,sidewalk, Recreational Areas, including fixtures and personal property related thereto, or for any .other purpose approved by the membership; provided, however, that any such Assessment shall havethe approval of amajority vote of the Members who are voting in person or by proxy at ameetingduly called for this purpose at which aquorum is present.Section 9.

Notice and Quorum.

Written notice of any membership meeting called for thepurpose of increasing the maximum annual Assessment or raising any Assessment or specialAssessment shall be mailed (by U.S.

first class‘mail) to all members not less than thirty (30) days normore than sixty (60) days in advance of the meeting.

At any s'uch meeting, the

ssessment or specialAssessment shall be mailed (by U.S.

first class‘mail) to all members not less than thirty (30) days normore than sixty (60) days in advance of the meeting.

At any s'uch meeting, the presence ofMembersor of proxies entitled to cast at least ten percent (10%) of all the votes of the Members shallconstitute aquorum.49‘HOUSTON 523450v1 \J \v, Section10.CommencementofAssessment.AlldevelopedLotsintheSubdivisionshall commencetobeartheirapplicablemaintenancefundassessmentsimultaneously;Lotsownedbythe DeveloperintheSubdivisionarenotexemptfromAssessment.AlldevelopedLotsshallbesubject totheAssessmentsdeterminedbytheBoardofDirectorsoftheAssociationinaccordancewiththeg.

provisionhereof.DevelopedLotswhichareownedbytheDeveloperintheSubdivisionshallbeassessedatone-quarter(1/4)oftheannualAssessment.LotswhichareownedbyBuildersinthe subdivisionshallbeassessedatone-half(1/2)oftheAssessmentfortwelve(12)monthsafier closingandthenthefilllrateshallbeassessed.TherateofAssessmentforanindividualLot,within acalendaryear,canchangeasthecharacterofownershipandthestatusofoccupancybyaresident changes,andtheapplicableAssessmentforsuchLotshallbeproratedaccordingtotheraterequired duringeachtypeofownership.‘Section 11.Reoreation Center. INTHE EVENT THAT THE DEVELOPER OR ASSOCIATIONBUILDSARECREATIONAL/SPORTSCENTER,THEASSESSIVEENTSSETOUT ABOVE INSECTION 7,THEN INEFFECT, SHALL AUTOMATICALLY BEINCREASED BY$200.00 PER ANNUM FROM DATE OFSUBSTANTIAL COMPLETION OF THEBUILDING.'I Section 12. Bulk Services. Inthe event that the Association contracts forbulk communicationorpOWerservices,suchcostsshallbebilleddirectlytoleachOwnerasamonthlyorquarterly assessment, astheAssociation mayelect. Such additional Assessments shall beseparately

ion contracts forbulk communicationorpOWerservices,suchcostsshallbebilleddirectlytoleachOwnerasamonthlyorquarterly assessment, astheAssociation mayelect. Such additional Assessments shall beseparately itemizedandshallbecollectedinthesamemannerasregularassessments,exceptthatAssessments50 HOUSTON523450v1 a}?

billedhereundershallbedueonthefirstdayofthemonthorquarterwhenbilled,shallbelateifnot paidbythetenth(10th)dayofthemonthorquarterbilledandshallbesubjebttoTWENTYFIVE DOLLARS($25.00)orFIVEPERCENT(5%)latecharge,whichshallnotbeconsideredinterest,if notpaidbythelatedate.TheprovisionsofArticleVI,Section13shallapplytonanpaymentofthese Ai-.-' fees.Thesefeesmaybebilledasflatrateperlotmetered,orperservice,oranycombinationthereof, asdeterminedinthesolediscretionoftheDeveloperortheAssociation.

Section13.EffectofNonpaymentofAssessments."AnyAssessmentnotpaidwithin thirty(30)daysaftertheduedateshallbearinterestattherateoftenpercent(10%)perannum.The AssociationmayinadditionchargealatechargeforAssessmentspaidmorethanfifteen(l5)days aftertheduedate.“TheAssociationmaybringanactionatlawagainsttheOwnerpersonally obligatedtopaysame,orforeclosetheliensagainsttheproperty.Interest,costs,latechargesand attorneysfeesincurredinanysuchcollectionactionshallbeadded0theamountofsuchAssessment orcharge.AnOwner,byhisacceptanceofadeedtoaLot,herebyexpresslyvestsintheAssociation anditsagents,therightandpowertobringallactionsagainstsuchOwnerpersonallyforthe collectionofsuchchargesasadebtandto.enforcetheaforesaidlienbyallmethodsavailablefor enforcementofsuchliens,including,specifically,non-judicialforeclosurepursuant.toArticle51.002 iftheTexasPropertyCode(oranyamendmentorsuccessorstatute)andeachsuchOwnerexpressly grantstotheassociationpowerofsaleinconnectionwithsaidlien:TheAssociationshallhavethe

reclosurepursuant.toArticle51.002 iftheTexasPropertyCode(oranyamendmentorsuccessorstatute)andeachsuchOwnerexpressly grantstotheassociationpowerofsaleinconnectionwithsaidlien:TheAssociationshallhavethe rightandpowertoappointaTrusteetoactforandinbehalfoftheAssociationtoenforcethelien.

ThelienprovidedforinthissectionshallbeinfavoroftheAssociationforthebenefitofallLot51 HOUSTON523450V1 ”K 11/"~I .

\—.

Owners.TheAssociationshall,wheneveritproceedswithnon-judicialforeclosurepursuanttothe provisionsofsaidSection51.002oftheTexasPropertyCodeandsaidpowerofsale,designatein writingaTrusteetopostorcausetobepostedallrequirednoticesofsuchforeclosuresaleandto conductsuchforeclosuresale.TheTrusteemaybechangedatanytirneandhorntimetotimebythe Association’bymeansofawritteninstrumentexecutedbythePresidentoranyVicePresidentofthe AssociationandfiledforrecordintheRealPropertyRecordsofHarrisCounty,Texas.Intheevent thattheAssociationhasdeterminedtonon-judiciallyforeclosethelienprovidedherein-pursuantto theprovisionsofsaidSection51.002oftheTexasPropertyCodeandtoexercisethepowerofsale herebygranted,theAssociationshallmailtothedefaultingOwneracopyoftheNoticeofTrustee’s Salenotlessthantwenty-one(21)dayspriortothedateonwhichsaidsaleisscheduledbypostingsuch notice through theUS. Postal Service, postage prepaid, registered orcertified,return receipt.

requested, properly addressed tosuch Owner atthelastknown address ofsuch Owner according to therecordsoftheAssociation.Ifrequiredbylaw,theAssociationorTrusteeshallalsocauseacopy 'oftheNoticeofTrustee'sSaletoberecordedintheRealPropertyRecordsofHarrisCounty,Texas.

Outoftheproceedsofsuchsale,thereshallfirstbepaidallexpensesinproceedsofsuchincurredby theAssociationinconnectionwithsuchdefaults,includingreasonableattorney'sfeesandreasonable

ordsofHarrisCounty,Texas.

Outoftheproceedsofsuchsale,thereshallfirstbepaidallexpensesinproceedsofsuchincurredby theAssociationinconnectionwithsuchdefaults,includingreasonableattorney'sfeesandreasonable trustee'sfee;second,fromsuchproceedsthereshallbepaidtotheAssociationanamountequalto theamountindefault;and,third,theremainingbalance,ifany,shallbepaidtosuchOwner.

Followinganysuchforeclosure,eachoccupantofanysuchLotforeclosedon,eachoccupantofany suchLotforeclosedon,andeachoccupantofanyimprovementsthereonshallbedeemedtobea52 HOUSTON523450v1 T) j tenantatsufferanceandmayberemovedfiompossessionbyanyandalllawfiilmeans,includinga judgmentforpossessioninanactionofforcibledetainerandtheissuanceofawritofrestitution thereunder.TheAssociationshallalsohavetherighttomaintainadeficiencysuitintheeventthe saleproceedsarelessthantheamountofassessments,interest,latefees,attorney'sfees,costsa.

incurredbyorowedtotheAssociation.

Inadditiontoforeclosingthelienherebyretained,intheeventofnonpaymentbyanyOwner ofsuchOwner’sportionofanyAssessment,theAssociationmay,uponten(10)days'ipi'ior'wntten noticethereoftosuchnonpayingOwner,inadditiontoallotherrightsandremediesavailableatlaw orotherwise,restricttherightofsuchnonpayingOwnertousetheCommonAreas,ifany,insuch mannerastheAssociationdeemsfitorappropriateand/orsuspendthevotingrightsofsuch nonpayingOwnersolongassuchdefaultexists.

ItistheintentoftheprovisionsofthisSectiontocomplywiththeprovisionsofsaidSection 51.002oftheTexasPropertyCoderelatingtonon-judicialsalesbypowerofsaleand,intheeventof theamendmentofsaidSection51.002oftheTexasPropertyCodehereafter,thePresidentorVice PresidentoftheAssociation,actingwithoutjoinderofanyotherOwnerormortgageeorotherperson may,byamendmenttothisDeclarationfiledintheRealPropertyRecordsofHarrisCounty,Texas,‘

odehereafter,thePresidentorVice PresidentoftheAssociation,actingwithoutjoinderofanyotherOwnerormortgageeorotherperson may,byamendmenttothisDeclarationfiledintheRealPropertyRecordsofHarrisCounty,Texas,‘ amendtheprovisionshereofsoastocomplywithsaidamendmentstoSection51.002oftheTexasPr0perty Code.NoOwnermaywaiveorotherwiseescapeliabilityfortheAssessmentsprovidedhereinby nonuseofthefacilitiesorservicesprovidedbytheAssociationorbyabandonmentofhisLot.53 HOUSTON 523450vl Section14.SubordinationoftheLientoMortgages.Tosecurethepaymentofthe MaintenanceFundallannualandSpecialAssessmentsestablishedherebyandtobeleviedon individualresidentialLots,thereisherebyreservedineachdeed(whetherspecificallystatedtherein ornot)avendor’slienandacontractlienforbenefitoftheAssociation,saidlienstobeenforceable assetforthiiiArticleVIhereofbytheAssociationonbehalfofsuchbeneficiary;provided,however, thateachsuchlienshallbesecondary,subordinateandinferiortoallliens,presentandfilturegiven, grantedandcreatedbyorattherequestoftheOwnerofanysuchLottosecurethepaymentof .moniesadvancedonaccountofthepurchasepriceand/ortheconstructionofimprovementsonany suchLottotheextentofany'suchmaintenancefundchargeorregularAssessmentsorspecial Assessmentsaccruedandunpaidpriortoforeclosureofanysuchpurchasemoneylienor‘ constructionlien;andfilrtherprovidedthatasaconditionprecedenttoanyproceedingbythe associationtoenforcesuchlienuponanyLotuponwhichthereisanoutstandingvalidandsubsisting firstmortgagelien,fortheaforesaidpurposeorpurposes.ThesaleortransferofanyLotpursuantto.

purchasemoneyorconstructionloanmortgageforeclosureoranyproceedinginlienthereof,shall extinguishthelienofsuchassessmentastopaymentwhichbecameduepriortosuchsaleortransfer.

MortgageesarenotrequiredtocollectAssessments.

constructionloanmortgageforeclosureoranyproceedinginlienthereof,shall extinguishthelienofsuchassessmentastopaymentwhichbecameduepriortosuchsaleortransfer.

MortgageesarenotrequiredtocollectAssessments.

FailuretopayAssessmentsdoesnotconstituteadefaultunderaninsuredmortgage.

Section15.DateofCommencementofAnnualAssessmentsDueDates;TheAssessment provided-forhereinshallcommenceastoalldevelopedLotsinCANYONLAKESVILLAGE Section1,onthedatethefirstresidenceistransferredtoapurchaserbyaBuilder.TheAssessments54 HOUSTON52.3450vl shallbeadjustedaccordingtothenumberofmonthsremaininginthethencurrentcalendaryears.

TheAssociationshallfixtheamountoftheAssessmentagainsteachLotatleastthirty(30)daysin advanceofeachAssessmentperiod.WrittennoticeoftheAssessmentshallbemailed(byUS.first classmail)—toeveryOwnersubjectthereto.Thepaymentdatesshallbeestablishedbythe ,.a...

Association.TheAssociationshall,upondemandandforareasonablecharge,filmishacertificate signedbyallofficeroftheAssociationsettingforthwhethertheAssessmentsonaspecifiedLothave beenpaid-andtheamountofanydelinquencies.TheAssociationshallnotberequiredtoobtainai requestforsuchcertificatesignedbytheOwnerbutmaydeliversuchcertificatetoanypartywhoin theAssociation'sjudgmenthasalegitimatereasonforrequestingsame.ARTICLE VII.

STONEGATELANDSCAPEMAINTENANCEASSOCIATION,INC.

Section1.my}.EveryOwner,byacceptanceofthedeedtoaLotWithinthe Subdivision,acknowledgesthatsuchLotissubjecttoSTONEGATELandscapeResh’ictions recordedinthePublicRecordsofHarrisCounty,Texas,inadditiontothisDeclaration.

Section2.JurisdictionandCooperation.EachLotOwnershallbeamemberofthe 'STONEGATELANDSCAPEMAINTENANCEASSOCIATION,INC.("LandscapeAssociation") andshallhavealloftherightsandobligationsconferredandimposeduponitpurSuanttothe

tionandCooperation.EachLotOwnershallbeamemberofthe 'STONEGATELANDSCAPEMAINTENANCEASSOCIATION,INC.("LandscapeAssociation") andshallhavealloftherightsandobligationsconferredandimposeduponitpurSuanttothe LandscapeRestrictions,LandscapeAssociationBy—Laws,andtheArticlesofIncorporationofthe LandscapeAssociation,includingtheobligationtopayaportionofthecommonexpenseofthe 55HOUSTON 523450v1 1f?).w)._/v LandscapeAssociation.TheAssociationshallcooperatewiththeLandscapeAssociationin performingitsresponsibilitiesunderthisDeclarationandtheLandscapeRestrictions.

Section3.BasementtoLandscapeAssociation.Theofficers,agents,employees,and contractorsoftheLandscapeAssociationshallhaveanon—exclusiveeasementoveranduponthe '1--.

CommonAreasforthepurposeofperformingandsatisfyingitsdutiesandobligationsassetforthin theLandscapeRestrictions.

.ISection4.It.Amendment.NoAmendmenttothisDeclarationwhichmateriallyaffectsthe rightsorinterestsoftheLandscapeAssociationshallbevalidoreffectiveunlessapprovedinwriting bytheAssociationortheLandsCapeAssociation.

Section5.NSuperiorityofLandscapeRestrictions.ThisDeclarationshallbecumulative withthoseoftheLandscapeRestrictions;provided,however,intheeventofconflictbetweenor amongtheprovisionsofthisDeclaration,theBylaws,ArticlesofIncorporation,ormicsand regulationsoftheAssociationandtheLandscapeRestrictions,LandscapeAssociationBy-Laws,or theArticlesofIncorporationoftheLandscapeAssociation,thelattershallicontrol.Theforegoing prioritiesshallnotpreventenforcementbytheAssociationofprovisionsorruleswhicharemore restrictivethanthosecontainedintheLandscapeRestrictions.

Section6.Assessments.TheLandscapeAssociationshallseparatelyassesseachLotfor theproratacostsofitsoperationsassetforthintheLandscapeAssociationDeclarations.The

nthosecontainedintheLandscapeRestrictions.

Section6.Assessments.TheLandscapeAssociationshallseparatelyassesseachLotfor theproratacostsofitsoperationsassetforthintheLandscapeAssociationDeclarations.The Associationmay'billandcollectsuchchargesfortheLandscapeAssociationasaseparatelineitem56 HOUSTON523450v1 charge ontheLotOwner Assessments andmay collect them inthesame manner asAssociationAssessments as set forth in this Declaration.ARTICLE VIII.INSURANCE AND CASUALTY LOSSES).

_Section 1.

'Insurance.

The Association, or its duly authorized agent, shall have theauthority tob’and shall obtain blanket "all-risk'lproperty insurance, if reasonably available, for allinsurable improvements on the Common Areas.

Ifblanket "all-risk."

coverage is not reasonablyavailable, then at aminimum an insurance policy providing fire and extended coverage shall beobtained.

The face amount of such insurance shall be suf ficient to cover the full replacement cost ofany repair or reconStmction in the event of damage or destruction fiom any insured hazard.The Association shall have no insurance responsibility for any part of any Lot or theimprovements; thereon.The-Board shall also obtain ageneral liability policy covering the Common Areas, insuringthe Association and its members for all damage or injury caused by the negligence of the Associationor any person forWhose acts the Association is held responsible ("Liability Policy").

The LiabilityPolicy shall provide coverage in an amount not less than two million dollar.($2,000,000.00) singleperson limit with respect to bodily injury and property damage, not less than three million dollar($3,000,000.00) limit per occurrence, -if reasonably available, and not less than; five hundredthousand dollar ($500,000.00) minimum property damage coverage.Premiums for

less than three million dollar($3,000,000.00) limit per occurrence, -if reasonably available, and not less than; five hundredthousand dollar ($500,000.00) minimum property damage coverage.Premiums for all insurance on the Common Area shall be aCommon Area expense, subject57' ' HOUSTON 5345M}.

C)/""\ the right of the Association to seek reimbursement for all or aportion of such expenses pursuant tothis Declaration.

Insurance policies may contain areasonable'deductible, and the amount thereof shall not besubtracted from the face amount of the policy in determining whether the insurance satis fies the‘L .coverage required hereunder.

The deductible shall be paid by the party who would be liable for theloss or repair in the absence of insurance and in the.

event of multiple patties shall be allocated inrelation to the amount each-party's loss bears to the total.

All insurance coverage obtained by theAssociation shall be governed by the following provisions:a.

All policies shall be written with acompany authorized to do business inTexas and holding aBest's rating of A or better and is assigned afinancial size category ofXI or larger as established by AM.

Best Company, Inc, if reasonable available, or, if notavailable, the most nearly equivalent rating which is available;b.

All policies on the Common Area shall be for the bene fit.of the Associationand its members and shall be written in the name of the Association or for the bene fitof theAssociation; -0..

Exclusive authority to adjust losses under policies obtained.

on the CommonArea shall be vested in the Association;d.

In no event shall the insurance coverage obtained and maintained by theAssociation hereunder be brought into contribution with insurance purchased by individualOwners, occupants, or their

sociation;d.

In no event shall the insurance coverage obtained and maintained by theAssociation hereunder be brought into contribution with insurance purchased by individualOwners, occupants, or their Mortgagees;58 HOUSTON 523450»?!

”3 {1:3e.

Allproperty insurance policies shall have anagreed amount endorsement, ifreasonably available; andf.

The Association shall use reasonable efforts to secure insurance policies thatwill provide the following:-,, .

i.

awaiver of subrogation by the insurer as to any claims.

against the'Association and its directors, officers, employees and manager, the Owner andoccupants of Lots and their reSpective tenants, servants,‘agents, and guests;ii.

awaiver by the insurer of its rights to repair and reconstruct, insteadof paying cash; Ii1iii.

, astatement that no policy may be canceled, invalidated, suspended, orsubject to non-renewal on account of any one or more individual Owners;iv.

astatement that no policy may be canceled, invalidated, suspended, orsubject to non-renewal on account of any curable defect or violation without priorwritten demand in writing delivered to the Association to cure the defect or violationand the allowance of reasonable time therea fier within which the defect may be caredby the Association, its manager, any Owner, or ‘Mortgagee';v.

astatement that any "other insurance" clause in any policy excludeindividual Owner's policies from consideration; andvi.

_ astatement that the Association will be given at least thirty (30) days'prior written notice of any cancellation, substantial modi fication, or non—renewal.59 HOUSTON 523450v1(’7 Inadditiontotheinsurancedescribedabove,theAssociationshallobtain,asaCommonArea expense,worker'scompensationinsurance,ifandtotheextentrequiredbylaw,directors'.and

or non—renewal.59 HOUSTON 523450v1(’7 Inadditiontotheinsurancedescribedabove,theAssociationshallobtain,asaCommonArea expense,worker'scompensationinsurance,ifandtotheextentrequiredbylaw,directors'.and officers’liabilitycoverage,afidelitybondorbondsondirectors,officers,employees,andother personshandlingorreaponsiblefortheAssociation'sfunds,andfloodinsurance,ifreasonably available.theamountoffidelitycoverageshallbedeterminedinthedirectors‘bestbusiness judgment,but,ifreasonablyavailable,maynotbelessthanone-sixth(1/6)oftheannual AssessmentsonallLots,plusreservesonhand.Bondsshallcontainawaiveroralldefensesbased upontheexclusionofpersonsservingwithoutcompensationandshallrequireatleastthirty(30)' days'priorwrittennoticetotheAssociationofanycancellation,substantialmodification,ornon— renewal.i' Section2.IndividualInsurance.BytakingtitletoaLotsubject‘tothisDeclaration,each OwnercovenantsandagreeswithallotherOwnersandwiththeAssociationthatsuchOwnershall carryhomeownersinsuranceontheLotsandstructuresconstructedthereonincluding(a)liability 'coverageofnotlessthan$100,000perpersonand$300,000peroccurrenceand(b)propertydamage liabilityinsuranceofnotlessthan$50,000plusextendedcoverageforfullreplacement-value.Each Ownerfurthercovenantsandagreesthatintheeventoflossordamagetothestructurescomprising hisLot,theOwnershalleither:(a)proceedpromptlytorepairortoreconstructthedamaged.

structureinamannerconsistentwiththeoriginalconstructionorsuchotherplansandspecifications asareapprovedbytheCommittee;or(b)cleartheLotofalldamagedstructures,debrisandruins60 HOUSTON 523450V1 {D.C)and therea fiermaintain theLotinaneat andattractive, landscaped condition consistent with therequirements oftheCommittee andtheBoard ofDirectors.Section 3.

Damage and Destruction.a.

USTON 523450V1 {D.C)and therea fiermaintain theLotinaneat andattractive, landscaped condition consistent with therequirements oftheCommittee andtheBoard ofDirectors.Section 3.

Damage and Destruction.a.

lmrnediately after damage ordestruction byfireorother casualty toallorany..

part oftheProperty covered byinsurance written inthename oftheAssociation, theBoard ofDirectorsoritsdulyauthorizedagentshallproceedwiththefilingandadjustmentorall ‘claimsarisingundersuchinsuranceandobtainreliableanddetailedestimatesofthecostor repairorreconstructionofthedamagedordestroyedProperty.Repairorreconstruction,as‘ used inthisparagraph, means repairing orrestoring theProperty tosubstantially thesamecondition inivhich it.existed prior tothefireorother casualty, allowing foranychanges or improvementsnecessitatedbychangesinapplicablebuildingcodes.Ib.

Any damage ordestruction totheCommon Area shall berepaired or reconstructedunlessthevotingmembersrepresentingatleastseventy-fivepercent(75%)ofthe total Class "A"vote oftheAssociation, shall decide Within sixty (60) days after thecasualty nottorepair orreconstruct. Ifforanyreason either theamount oftheinsuranceproceeds tobepaid asaresult ofsuch damage ordestruction, orreliable anddetailed -estimates ofthecost ofrepair orreconstruction, 'orboth, arenotmade available totheAssociation within said period, then theperiod shall beextended until such funds orinformation shall bemade available; provided, however, such extension shall notexceed sixty(60).additionaldays.Exceptasexpresslyprovidedherein,nomortgageeshallhavethe61 HOUSTON 523450v1 3':3 righttoparticipateinthedeterminationofwhetherthedamageordestructiontoCommon AreaorcommonprepertyoftheAssociationshallberepairedorreconstructed.

c.Intheeventthatitshouldbedeterminedinthemannerdescribedabovethat

rticipateinthedeterminationofwhetherthedamageordestructiontoCommon AreaorcommonprepertyoftheAssociationshallberepairedorreconstructed.

c.Intheeventthatitshouldbedeterminedinthemannerdescribedabovethat thedamageordestructiontotheCommon,Areashallnotberepairedorconstrictedandno alternativeimprovementsareauthorizedthenandinthateventtheaffectedportionofthe PrepertyshallbeClearedofalldebrisandruinsandmaintainedbytheAssociationinaneat, Iathactive,'1andscapedoondition.

Section4.DisbursementofProceeds.Ifthedamageordestructionforwhichthe proceedsofinsurancepoliciesheldbytheAssociationarepaidistoberepairedorreconstructed,the proceeds,orsuchportionthereofasmayberequiredforsuchpurposed,shallbedisbursadin paymentofsuchpaymentofsuchrepairsorreconstructionashereinafiervprovided.

Anyproceedsremainingafierdefiayingsuchcostsofrepairorreconstruction,orifnorepair orreconstructionismade,anyproceedsshallberetainedbyandforthebenefitoftheAssociation.

Section5.RepairandReconstruction.IfthedamageordestructiontotheCommonArea forwhichinsuranceproceedsarepaidistoberepairedorreconstructed,andsuchproceedsarenot sufficienttodefraythecostthereof,theBoardofDirectorsshall,withoutthenecessityofavoteof themembers,levyaSpecialassessmentagainsttheOwnersofLotssufficienttoraisetheadditional fimdsnecessarytorestorethecommonamenity.AdditionalAssessmentsmaybemadeinlike manneratanytimeduringorfollowingthecompletionofanyrepairorreconstruction.62HOUSTON 51345011 ARTICLE IX.N 0PARTITION Section1.NoPartition.ExceptasispermittedintheDeclarationoramendments thereto,thereshallbenojudicialpartitionoftheCommonAreaoranypartthereof,norshallany -personacquiringanyinterestinthePropertyoranypartthereofseekanyjudicialpartitionunlessthe PropertyhasbeenremovedfiomtheprovisionsofthisDeclaration.ThisArticle,shallnotbe

reaoranypartthereof,norshallany -personacquiringanyinterestinthePropertyoranypartthereofseekanyjudicialpartitionunlessthe PropertyhasbeenremovedfiomtheprovisionsofthisDeclaration.ThisArticle,shallnotbe constriiedtoprohibittheAssociationfromacqniringanddisposingoftangiblepersonalpropertynor fi‘ornacquiringtitletorealpropertywhichmayormaynotbesubjecttothisDeclaration.ARTICLE X.

GENERALPROVISIONS Section1.Enforcement.TheAssociation,anySectionAssociation,oranyOwner,shallhave theright toenforce, byanyproceeding atlaworinequity, allrestrictions, conditions, covenants,reservations,liensandchargesnoworhereafterimposedbytheprovisionsofthis Declaration.FailurebytheAssociationorbyanyOwnertoenforceanycovenantorrestriction.

hereincontainedshallinnoeventbedeemedawaiveroftherighttodosothereafter.

Section2.Severability.Invalidationofanyoneofthesecovenantsor.restrictionsby judganentorcourtordershallnotaffectanyotherprovisionorprovisionswhichshaIlremaininfilllforce and effect.Section 3. -Texas Property Code. TheAssociation shall have alloftherights provided underTexasPropertyCode,Chapter204oranyamendedorsuccessorstatute.63 HOUSTON 523450v1 L) Section 4. Owner's Easement lofEnjoyment. Every Owner shall have aright andeasement ofenjoyment inandtotheCommon Area which shall beappurtenant toandshall passwith thetitletoeveryLotsubjecttothefollowingprovisions:.

a. Theright oftheAssociation tocharge reasonable admission andother feesforthe useofanyRecreational Area situated upon theCommon Area;b.

Theright oftheAssociation tosuspend thevoting rights andright touseofthe-Recreational Areas byanOwner foranyperiod during which anyAssessment against his-Lot remains unpaid, andforaperiod nottoexceed sixty (60)days foreach infraction ofitspublished rules andregulations;c.

IAThe right of the Association or

nyperiod during which anyAssessment against his-Lot remains unpaid, andforaperiod nottoexceed sixty (60)days foreach infraction ofitspublished rules andregulations;c.

IAThe right of the Association or the Developer to dedicate or transfer all or anypart of the Common Area to any public agency, authority or utility for such purposes andsubject tosuch conditions asmay beagreed tobythemembers; and id.

ITheright oftheAssociation tocollect anddisburse those funds assetforthinArticle IV.Section 5.

Constructive Notice and Acceptance.

Every person who owns, occupies oracquires any right, title, estate or interest in or to any Lot or other portion of the Propertydoes andshall be conclusively deemed to have consented and agreed to every limitation, restriction, easement,reservation, condition and covenant contained herein, whether or not any reference to thisDeclaration is contained in the instrument by which such person acquired an interest in theProperties, oranyportion thereof.

64HOUSTON 523450v1 Section6.DeletionofUse.AnyOwnermaydelegateinaccordancewiththeBy-Laws oftheAssociationhisrightofenjoymenttotheCommonAreaandfacilitiestothemembersofhis family,histenantsorcontractpurchaserswhoresideontheProperty.

Section7.Amendment.ThisDeclarationshallrunwithandbindthelandforatermof9 forty(40)yearsfromthedatethisDeclarationisrecorded,afterwhichtimetheyshallbe .automaticallyextendedforsuccessiveperiodsoften(10)years.ThisDeclarationmaybeamended duringthefirstthree(3)yearperiodbyaninstrumentsignedbytheDevelopertomodifyandclarify anyprovisionofthisDeclarationinanymannernotinconsistentwiththeresidentialcharacterofthe Propertyand/orpurposeofthisDeclaration.ThisDeclarationmaybeamendedduringthefirst twenty(20)yearperiodbyaninstrumentsignedbythoseOwnersowningnotlessthanseventy-five

istentwiththeresidentialcharacterofthe Propertyand/orpurposeofthisDeclaration.ThisDeclarationmaybeamendedduringthefirst twenty(20)yearperiodbyaninstrumentsignedbythoseOwnersowningnotlessthanseventy-five percent(75%)oftheLotsWithinSTONEGATE,andthereafterbyaninstrumentsigned‘bythose Ownersowningnotlessthansixty-sevenpercent-(67%)oftheLotsWithinSTONE'GATE.No personshallbechargedwithnoticeoforinquiryvvithrespecttoanyamendmentuntilandunlessit hasbeenfiledforrecordintheOfficialPublicRecordsofRealPropertyofHarrisCounty,Texas.

Section8.Dissolution.IftheAssociationisdissolved,theassetsshallbededicatedtoa publicbodyorconveyedtoanonprofitorganizationWithsimilarpurposes.

Section9.CommonAreaMortgagesorConveyance.TheCommonAreacannotbe mortgagedorconveyedwithouttheconsentofseventy-fivepercent(75%)oftheLotOwners (excludingtheDeveloper).

IftheingressoregresstoanyLotisthroughtheCommonArea,anyconveyanceor'65 HOUSTON 523450vl U /‘-.D_C) encumbranceofsuchareashallbesubjecttothatOwner’seasement.

Section10.BooksandRecords.Thebooks,recordsandpapersoftheAssociationshall, duringreasonablebusinesshours,besubjecttoinspectionbyanymemberfor"anyproperpurpose."

TheArticlesofIncorporation,By-LawsoftheAssociation,andthisDeclarationshallbe’available.L forinspectionbyanymemberattheprincipalofficeoftheAssociationwherecopiesmaybe purchasedatareasonablecost.

_‘Section'11.Interpretation.lfthisDeclarationoranyword,clause,sentence,paragraphor otherpartthereofshallbesusceptibleofmorethanoneorconflictinginterpretations,thenthe interpretationwhichismostnearlyinaccordancewiththegeneralpurposesandobjectivesofthis Declarationshallgovern.

Section12.Omissions.Ifanypunctuation,word,clause,sentenceorprovisionnecessary togivemeaning,validityoreffecttoanyotherword,clause,sentenceorprovisionappearinginthis

tivesofthis Declarationshallgovern.

Section12.Omissions.Ifanypunctuation,word,clause,sentenceorprovisionnecessary togivemeaning,validityoreffecttoanyotherword,clause,sentenceorprovisionappearinginthis Declarationshallbeomittedherefrom,thenitisherebydeclaredthatsuchomissionwas unintentionalandthattheomittedpunctuation,word,clause,sentenceorprovisionsshallbesuppliedby inference. - ' Section13.Lienholder.Lienholder,ifany,joinshereinsolelyforwthepurposeof' subordinatingtheliensheldbyitofrecorduponthePropertiestothecovenants,conditionsand restrictionsherebyinaposedbyDeveloper,withthestipulationthatsuchsubordinationdoesnot extendtoanylienorChargeimposedbyorprovidedforinthisDeclaration.66 HOUSTON 52345034 Section14.AdditionalRequirements.SolongasrequiredbytheFederalHomeMortgage Corporation,thefollowingprovisionsapplyinadditiontoandnotinlieuoftheforegoing.Unlessat leastsixty~sevenpercent(67%)ofthefirstmortgageesormembersrepresentingatleastsixty-seven percent(61%)ofthetotalAssociationvoteentitledtobecastthereonconsent,theAssociationshallnot: a.byactoromissionseektoabandon,partition,subdivide,encumber;sell,or transferalloranyportionoftherealpropertycomprisingtheCommonAreawhichthe Associationownsdirectlyorindirectly(thegrantingofeasementsforpublicutilitiesorother' similarpurposesconsistentwiththeintendeduseoftheCommonAreashallnotbedeemeda transferwithinthemeaningofthissubsection);b.changethemethodofdeterminingtheobligations,assessments,dues,orother chargeswhichmaybeleviedagainstanOwnerofaLot(adecision,includingcontracts,by theBoardorprovisionsofanydeclarationsubsequentlyrecordedonanyportionofthe PropertyregardingAssessmentsannexedorothersimilarareasshallnotbesubjecttothis provisionwhensuchdecisionorsubsequentdeclarationisotherwiseauthorizedbythisDeclaration);

equentlyrecordedonanyportionofthe PropertyregardingAssessmentsannexedorothersimilarareasshallnotbesubjecttothis provisionwhensuchdecisionorsubsequentdeclarationisotherwiseauthorizedbythisDeclaration); c.byactoromissionchange,waive,orabandonanyschemeorregulationsor enforcementthereofpertainingtothearchitecturaldesignortheexteriorappearanceand maintenanceofLotsandoftheCommonArea(theissuanceandamendmentofarchitectural 67HOUSTON 523450v1U (i .m-._ r”\.standards,procedures,rulesandregulations,oruserestrictionsshallnotconstituteachange, waiver,orabandonmentwithinthemeaningofthisprovision); d.failtomaintaininsurance,asrequiredbythisDeclaration;or ..e.usehazardinsuranceproceedsforanyCommonArealossesforother'thanthe repair,replacement,orreconstructionofsuchproperty,ortoaddtoReserves.

Firstmortgageesmay,jointlyorsingly,afterthirty(30)dayswrittennotice'tothe Association,paytaxesorotherchargeswhichareindefaultandwhichmayorhavebecomeacharge againsttheCommonAreaandmaypayoverduepremiumsoncasualtyinsurancepoliciesorsecure newcasualtyinsurancecoverageuponthelapseofanAssociationpolicy,andfirstmortgagees makingsuchpaymentsshallbeentitledtoimmediatereimbursementfromtheAssociation.

Section15.NoPriority.NoprovisionofthisDeclarationortheBy-Lawsgivesorshallbe construedasgivinganyOwnerorotherpartypriorityoveranyrightsofthefirstmortgageeofany LotinthecaseofdistributiontosuchOwnerofinsuranceproceedsorcondemnationawardsfor lossestooratakingoftheCommonArea.

Section16.NoticetoAssociation.Uponrequest,eachOwnershallbeobligatedtofiarnish totheAssociationthenameandaddressoftheholderofanyMortgageencumberingsuchOwner'sLot.Section17.AmendmentbyBoard.ShouldtheFederalNationalMortgageAssociationor theFederalHomeLoanMortgageCorporationsubsequently.deleteanyoftheir.respective

oftheholderofanyMortgageencumberingsuchOwner'sLot.Section17.AmendmentbyBoard.ShouldtheFederalNationalMortgageAssociationor theFederalHomeLoanMortgageCorporationsubsequently.deleteanyoftheir.respective requirementswhichnecessitatetheprovisionsofthisArticleormakeanysuchrequirementsless68 HOUSTON _523450v1 stringent,theAssociation,withoutapprovaloftheOwners,maycauseanamendmenttothisArticleto berecorded toreflectsuch changes.

Section18.ApplicabilityofArticleXI.NothingcontainedinthisArticleshallbe construedtoreducethepercentagevotethatmustotherwisebeobtainedunderthisDeclaration,ByLaws,orTexasLawforanyoftheactssetoutinthisArticle.

Section19.FailureofMortgageetoRespond.AnyMortgageewhoreceivesaWritten reciuestfiomtheBoardtorespondtoorconsenttoanyactionshallbedeemedtohaveapprovedsuch actioniftheAssociationdoesnotreceitieawrittenresponsefromtheMortgageewithinthirty(30)days ofthedateoftheAssociation's request, provided suchrequest isdelivered totheMortgagee by certifiedorregisteredmail,returnreceiptrequested.Section 20. WAIVER OF LIABILITY FOR ERRANT GOLF BALLS. BYACCEPTANCE OFADEED TOALOT, THE ASSOCIATION AND EACH OWNER, FORHIMSELF AND ONBEHALF OFHIS FAMILY, GUESTS AND TENANT S,RELEASEI DECLARANT, THE OWNER OFTHE GOLF COURSE PROPERTY, THE ASSOCIATION,I IAND THEIR RESPECTIVE LESSEES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS,SHAREHOLDERS, PARTNERS, AND CONTRACTORS, FROM ALL CLAIMS, DEMANDS,EXPENSES, DAMAGES, COSTS, CAUSES OFACTION, OBLIGATIONS AND LIABEI'I‘IES, INCLUDING,WITHOUTLIMITATION,DAMAGETOHISRESIDENCEANDDAMAGESFOR PERSONAL INJURY ORDEATH, WHICH INANY WAY ARISE FROM ORRELATE TO THEIMPACTOFAGOLFBALLWHICHENTERSUPONTHEASSOCIATIONPROPERTY69 HOUSTON 523450v1 if){.3 ORWITHINANYRESIDENCEFROMTHEGOLFCOURSEPROPERTY,WHETHERORNOT THEGOLFBALLISSTRUCKINANEGLIGENTMANNER.

E FROM ORRELATE TO THEIMPACTOFAGOLFBALLWHICHENTERSUPONTHEASSOCIATIONPROPERTY69 HOUSTON 523450v1 if){.3 ORWITHINANYRESIDENCEFROMTHEGOLFCOURSEPROPERTY,WHETHERORNOT THEGOLFBALLISSTRUCKINANEGLIGENTMANNER.

Section21.NoRighttoUseGolfCourse.EachOwneracknowledgesthatthepurchaseof aLotbysuchOwnerdoesnotconferuponsuchOwnertherighttousetheGolfCourseoranyother facilities(collectiyelythe"facilities")ontheGolfCoursepreperty.Inordertousethefacilities,each Ownerwillberequiredtopaysuchfeesandsatisfysuchotherconditionsasmayberequired'topay suchfeesandsatisfysuchotherconditionsasmaybeineffectfromtimetotimewithrespecttotheuse ofthefacilities.

Section"22.ANNEXATION.ADDITIONALRESIDENTIALPROPERTYOR COMMERCIALPROPERTYANDCOMMONAREAMAYBEANNEXEDTOTHE PROPERTIESORINCORPORATEDINTOTHEASSOCIATIONWITHCONSENTOFTHE ASSOCIATIONORBYDEVELOPER,WITHOUTAPPROVALBYTHEMEMBERSHIP.

THEREMAINDEROFTHISPAGEINTENTIONALLYLEFTBLANK.7O HOUSTON 523450VI STATE OF TEXAS §' §COUNTY OF HARRIS §BEFORE ME, the imdersignedauthority, on this day personally appeared KYLE DAVISON, (3City President of Pulte Nevada I, Inc., aNevada corporation, general partner of Pulte Homes of A “ ‘Texas, L.P., .a Texas limited partnership, known to me to be the person and of ficer Whose name issubscribed to the foregoing instrument, and acknowledged to me that he executed the same for the,11%?1A , r1“.

:5 ‘53§5?9§956DEVELOPER: PULTE HOMES OF TEXAS, L.P., _aTexas limited partnership EE :1-By: .PULTB NEVADA I, INC,21'Nevada corporation, General farmer ,.-‘-'By: MQ14 DEWSQT, City Presidentpurposes and consideration therein expressed, as the act and deed of said corporation and in thecapacity therein stated,GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /Z day of'December,2000..

% Jill SWATTmoomesxou amass'' W10 mHOUSTON 523450v1 ,Nota/ Public,

ed of said corporation and in thecapacity therein stated,GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /Z day of'December,2000..

% Jill SWATTmoomesxou amass'' W10 mHOUSTON 523450v1 ,Nota/ Public, State of’TEXAg “WHO'S“HERE}!IHJCHRESTREISTHEElli,III?MIscam USEOFWEDEHEN.

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Cmfl'mm'lIus(“mamamaestruenmdmmmum 7'1_DEC102000‘fiaagyéh/COUNTYCLERK MastsCOUNTY.TEXAS