Document

na CERTIFICATE OF RECORDING FOR SECLUDED OAK VILLAS, A CONDOMINIUM §202.006 Texas Property Code A. Instruments Attached for Recording: 1. Bylaws of the Owners Association for SOV Condominium Owners’ Association, Inc.

(15 pages).

2: Rules of the Owners Association for SOV Condominium Owners’ Association, Inc.

(10 pages).

B. Condominium Description: Condominium Declaration for Secluded Oak Villas, a Condominium, Document No. 20060283213, recorded in the Official Public Records of Bexar County, Texas.

C. Name of Condominium Owners Association: SOV Condominium Owners’ Association, Inc.

CERTIFICATION & EXECUTION [hereby certify that I have been instructed by the Board of Directors of SOV Condominium Owners’ Association, Inc., a Texas condominium owners association, to execute this Certificate to effect the recording of the instruments attached hereto on behalf of the condominium owners association, for the purpose of complying with the requirements of Property Code Section 202.006.

SOV Condominium Owners’ Association, Inc.

By: Robert W. McDonald, [I], President STATE OF TEXAS } } COUNTY OF TRAVIS } This instrument was acknowledged before me on December I x , 2013, by Robert W.

McDonald, III, President of SOV Condominium Owners’ Association, Inc., a Texas corporation, on behalf of said corporation. Onn oR ANN F. LOPEZ Notary Public, State of Texas 3 MY COMMISsiony EXPIRES 24, 2016 RULES FOR SOV CONDOMINIUM OWNERS’ ASSOCIATION, INC.

a Texas non-profit corporation Prepared by: William H. Locke, Jr.

Graves, Dougherty, Hearon & Moody, P.C.

401 Congress Avenue, Suite 2200 Austin, Texas 78701 695316v3 10/23/2006 TABLE OF CONTENTS Page # SECTION 1.COMPLIANCE 3 1.1.

Compliance..

1.2.

Additional Rules.

1.3. Waiver.

2.1.

Safety..

2.2.

Damage 2.3.

Congress Avenue, Suite 2200 Austin, Texas 78701 695316v3 10/23/2006 TABLE OF CONTENTS Page # SECTION 1.COMPLIANCE 3 1.1.

Compliance..

1.2.

Additional Rules.

1.3. Waiver.

2.1.

Safety..

2.2.

Damage 2.3.

Association Does Not Insure 2.4.

Risk Management.

2.5.

Reimbursement for Enforcement.

2.6. Reimbursement for Damage SECTION 3.OCCUPANCY STANDARDS 3.1. Danger 3.2.

Lease..

3.3.

Written Leases.

4.1.

Office Use 4.2.

Annoyance.

4.3.

Maintenance 4.4.

Cleanliness 4.5.

Glass.

4.6.

Air Conditioning Equipment.

4.7.

Combustibles 4.8. Report Malfunctions.

4.9. Utilities 4.10. Frozen Water Pipes.

4.11. Parking.

4.12. Compliance with Hazardous Material Laws 5.1.

Intended Use 5.2.

Grounds.

5.3.

Abandoned Items 3 3 3 SECTION 2.OBLIGATIONS OF OWNERS AND OCCUPANTS.

3 3 3 3 4 4 4 4 4 4 4 SECTION 4.GENERAL USE AND MAINTENANCE OF UNIT.

4 4 4 4 4 4 5 5 5 5 5 5 5 SECTION 5.GENERAL USE & MAINTENANCE OF COMMON ELEMENTS.

5 5 5 6 5.4. Stored Items SECTION 6.COMMUNITY ETIQUETTE 6 6 6.1.

Courtesy 6.2.

Annoyance..

6.3.

Noise and Odors.....

6.4.

Reception Interference 6.5.

No Personal Service 6.6.

Compliance with Law.

SECTION 7.ARCHITECTURAL CONTROL.

7.1.

Common Elements..

7.2.

Prohibited Acts 7.2.1 Signage.

7.2.2 Displays .6 6 6 6 6 6 7 7 7 7 7 7.2.3 Personal Property.

7 7.2.4 External Fixtures.

7.2.5 Decorations 7.3.

Window Treatments..

7.3.1 Permitted 7.3.2 Prohibited.

7.3.3 Maintenance i 7 7 7 7 7 7 A22309.1 695316v3 10/23/2006 7.4.

Board Approval SECTION 8. VEHICLE RESTRICTIONS 7 7 8.1.

Permitted Vehicles..

7 8.2.

Repairs 8 8.3.

Space Use 8 8.4.

No Obstruction.

8 8.5.

Nuisances 8 8.6.

Violations 8 SECTION 9.TRASH DISPOSAL 8 9.1.

General Duty.

8 9.2. Hazards 8 9.3. Excess Trash.

8 SECTION 10.MISCELLANEOUS 8 10.1. Security.

8 10.2. Right to Hearing.

9 10.3. Mailing Address 9 10.4.

Revision 9

ns 8 SECTION 9.TRASH DISPOSAL 8 9.1.

General Duty.

8 9.2. Hazards 8 9.3. Excess Trash.

8 SECTION 10.MISCELLANEOUS 8 10.1. Security.

8 10.2. Right to Hearing.

9 10.3. Mailing Address 9 10.4.

Revision 9 10.5. Other Rights.

9 !!

A22309.1 695316v3 10/23/2006 RULES FOR SOV CONDOMINIUM OWNERS’ ASSOCIATION, INC.

These Rules apply to the Units and the Common Elements of SOV Condominium. By owning or occupying a Unit in SOV Condominium, each Owner and occupant agrees to abide by these Rules, as well as the obligations of Owners and occupants provided in the Declaration and Bylaws of SOV Condominiums.

For the convenience of Owners and occupants, these Rules restate some of the rules and covenants contained in the Declaration. Most of these Rules, however, are in addition to the restrictions found in the Declaration. Words and phrases defined in the Declaration shall have the same meaning when used in these Rules. In the event of a conflict between governing documents, the hierarchy of authority shall be as follows: Declaration (highest), Bylaws and these Rules (lowest).

1.1.

1.2.

1.3.

2.1.

2.2.

2.3.

SECTION 1 COMPLIANCE Compliance. Each Owner shail comply with the provisions of these Rules, the Declaration and the Bylaws as any of these may be revised from time to time (collectively, the "governing documents"). Each Owner, additionally, shall be responsible for compliance with the governing documents by the occupants of its Unit, and its or their respective invitees, tenants, agents, employees or contractors. Use of "Owner" or "occupant" in these Rules shall be deemed to include and apply to the Owner and to all persons for whom Owner is responsible. An Owner should contact the Board if he has a question about these Rules.

"occupant" in these Rules shall be deemed to include and apply to the Owner and to all persons for whom Owner is responsible. An Owner should contact the Board if he has a question about these Rules.

Additional Rules. Each Owner or occupant shail comply with all rules and signs posted from time to time by the Association, including those regulating the use of recreational facilities. Such posted rules are incorporated in these Rules by reference. Each occupant shall comply with notices communicated by the Association, from time to time, in the nature of seasonal or temporary rules, or notice of a change affecting use of the Condominium. Such temporary rules are incorporated in these Rules by reference.

Waiver. Certain circumstances may warrant waiver or variance of these Rules. An Owner must make written application to the Board for such waiver or variance. if the Board deems the waiver or variance warranted, the Board may condition its approval, which must be in writing to be effective.

SECTION 2 - OBLIGATIONS OF OWNERS AND OCCUPANTS Safety. Each Owner and/or occupant is solely responsible for its own safety and for the Safety, well-being and supervision of its employees, clients or guests and any person to whom the Owner or occupant has a duty of care, control or custody.

Damage. Each Owner is responsible for any loss or damage to its personal property, its Unit, other Units, the personal property of other occupants or their guests, or to the Common Elements and improvements, if such loss or damage is caused by the Owner or by any person for whom the Owner is responsible.

Association Does Not Insure. Each occupant is solely responsible for insuring its personal property in the Unit and within the Condominium, including its furnishings,

or whom the Owner is responsible.

Association Does Not Insure. Each occupant is solely responsible for insuring its personal property in the Unit and within the Condominium, including its furnishings, automobile and items kept in storage areas provided by the Association. Personal property placed in or on the Condominium shall be solely at the risk of occupant or the A22309.1 695316v3 10/23/2006 2.4.

2.5.

2.6.

3.1.

3.2.

3.3.

4a.

4.2.

4.3.

4.4.

4.5.

owner of such personal property. The Association urges Owners and occupants to purchase insurance on their personal belongings.

Risk Management. No occupant shall permit anything to be done or kept in its Unit or the Common Elements which will result in the cancellation of insurance on any Unit, or any part of the Common Elements or which may be in violation of any law.

Reimbursement for Enforcement. An Owner shail promptly reimburse the Association for any expenses incurred by the Association in enforcing the governing documents against such Owner, its Unit or persons for whom such Owner is responsible.

Reimbursement for Damage. An Owner shall promptly reimburse the Association for the cost of damage to the Condominium caused by the negligent or willful conduct of the Owner, and such Owner's guests, clients, lessees or any other persons for whom the Owner is responsible.

SECTION 3 - OCCUPANCY STANDARDS Danger. The Association may prohibit occupancy by a person who constitutes a direct threat to the health or safety of other persons, or whose occupancy would result in substantial physical damage to the property of others, pursuant to the Fair Housing Act.

Lease. A Unit may not be leased for nonresidential purposes. No Unit may be leased on

occupancy would result in substantial physical damage to the property of others, pursuant to the Fair Housing Act.

Lease. A Unit may not be leased for nonresidential purposes. No Unit may be leased on a daily or weekly basis. If in the sole judgment of the Board, any unit is being used for transient purposes, the Board shall have the authority to assess a fine against the Owner.

Written Leases. Each lease must be in writing, and an Owner shall provide the Board with a copy of each lease of that Owner's Unit, and the lease must contain a provision showing that the lessee has read and will comply with all provisions of the Declaration, the Bylaws and these Rules.

SECTION 4 - GENERAL USE AND MAINTENANCE OF UNIT Residential Use. Each Unit must be used solely for residential use, and may not be used for office, industrial, retail or manufacturing purposes.

Annoyance. No Unit may be used in any way that: (i) may reasonably be considered annoying to occupants of neighboring Units; (ii) may be calculated to reduce the desirability of the Condominium as a residential community; (iii) may endanger the heaith or safety of other occupants; or (iv) may violate any law or any provision of the governing documents, Owners must mitigate sound originating in its Unit in a fashion that prevents it from being heard in adjoining Units or in common area hallways, lobbies or outside of the building. No animal that is reasonably deemed by the Association to be a nuisance shall be kept by an Owner in any Unit.

Maintenance. Each Owner, at its sole cost and expense, shall maintain its Unit and keep it in good repair, including the inner, finished surfaces of the Unit's perimeter walis, floors and ceilings.

Cleanliness. Each occupant shall keep its Unit, and associated limited common

nit and keep it in good repair, including the inner, finished surfaces of the Unit's perimeter walis, floors and ceilings.

Cleanliness. Each occupant shall keep its Unit, and associated limited common elements in a good state of cleanliness, as determined by the Board.

Glass. Each Owner, at its sole cost and expense, shall promptly repair and replace any broken or cracked glass (whether interior or exterior panes) in the windows and doors of such Owner's Unit or any Limited Common Element assigned to such Unit.

A22309.1 695316v3 10/23/2006 46.

47.

48.

4.9.

4.10.

4.11.

4.12.

5.1.

5.2.

Ait Conditioning Equipment. Each Owner, at its sole cost and expense, shall maintain, repair and replace the heating and cooling equipment/system serving its Unit, including the associated air handlers, condensing units, duct work and vents (“HVAC”). HVAC must be left on at all times with a maximum temperature setting no greater than 80 degrees Monday through Friday between 8 a.m. and 6 p.m. and all other times no greater than 85 degrees Fahrenheit and a minimum temperature setting no less than 70 degrees Fahrenheit Monday through Friday between 8 a.m. and 6 p.m. and all other times no ess than 60 degrees Fahrenheit. An owner may not turn off HVAC or terminate or interrupt electric service to its Units, except in connection with repairs (for example, an Owner may not cut off electric service to a Unit while the Unit is not occupied, pending a sale or the Owner is on vacation).

Combustibies. An occupant shall not store or maintain anywhere on the Condominium (including within a Unit) explosives or materials which are deemed hazardous by the Board.

Report Maifunctions. An occupant shall immediately report to the Board its discovery of

re on the Condominium (including within a Unit) explosives or materials which are deemed hazardous by the Board.

Report Maifunctions. An occupant shall immediately report to the Board its discovery of any leak, break or malfunction in any portion of its Unit or the adjacent Common Elements for which the Association has a maintenance responsibility. The failure to promptly report a problem may be deemed negligence by the occupant, who may be liable for any additional damage caused by the delay.

Utilities. Each occupant shall endeavor to conserve the use of utilities furnished through the Association, including water consumption within its Unit.

Frozen Water Pipes. Because the Units are constructed with water lines in exterior walls, it is the duty of every Owner and occupant to protect such water lines from freezing during winter months. Between November 1 and March 25 of any year, no Unit may be left unheated. During periods of anticipated below-freezing temperatures, water lines in exterior walls should be allowed to drip continuously, and cabinets enclosing plumbing lines should be left ajar. Dishwashers on exterior walls should not be used during and immediately after periods of extreme cold. Failure by an Owner or occupant to monitor the local weather and take appropriate precautions shall be deemed negligence.

Parking. The Association may designate "visitor only” parking spaces by appropriate signage. No Owner or occupant shail ever park in any such designated visitor spaces.

Only visitors of Owners and occupants shall be permitted in such designated spaces.

Compliance with Hazardous Material Laws. All Owners and occupants shall comply with all laws, ordinances and regulations with respect to hazardous materials. No Owner shall

in such designated spaces.

Compliance with Hazardous Material Laws. All Owners and occupants shall comply with all laws, ordinances and regulations with respect to hazardous materials. No Owner shall permit any hazardous materials to be stored or released anywhere in the Condominium.

All Owners shail comply with the septic tank requirements.

SECTION 5- GENERAL USE & MAINTENANCE OF COMMON ELEMENTS Intended Use. Every area and facility in the Condominium may be used only for its intended and obvious use. For example, walkways, stairways, sidewalks, elevators and driveways are to be used exclusively for purposes of access and not for social congregation or recreation without the express permission of the Board as provided in Section 5.2 below.

Grounds. Owners may not abuse the landscaped areas, lawns, beds and plant materials on the Common Elements. The following are expressly prohibited: digging, planting, pruning and climbing. Unless reserved by written permission of the Board for the exclusive use of an Owner or occupant, the Common Elements constituting the patios, landscaped areas, and the recreational Common Elements may be used for genera!

5 A22309.1 695316v3 10/23/2006 5.3.

5.4.

6.1.

6.2.

6.3.

6.4.

6.5.

6.6.

recreation by all of the Owners or any occupant between 5:00 p.m. and 10:00 p.m. each weekday and between 8:00 a.m. and 9:00 p.m. on weekends. Upon approval by the Board, areas may be reserved for exclusive use for special functions at any time by an Owner or occupant. The Board may condition such exclusive reservation on the applying Owner or occupant providing (i) adequate proof of insurance, (ii) a security deposit, (ili) a limit on the number of invitees and guests, and (iv) similar assurances and precautions.

n on the applying Owner or occupant providing (i) adequate proof of insurance, (ii) a security deposit, (ili) a limit on the number of invitees and guests, and (iv) similar assurances and precautions.

Abandoned Items. No item or object of any type shail be stored, placed or maintained anywhere on the Common Elements, including window sills, passageways and courtyards, except by the Board or with the prior written consent of the Board. items of personal property found on the Common Elements are deemed abandoned and may be disposed of by the Board.

Stored Items. If the Association provides storage areas for use by Owners or occupants, the Association shail not be responsible for items stored there by Owner or occupant, who shall be solely liable at all times for their personal property and the repair and maintenance of such storage areas.

SECTION 6 - COMMUNITY ETIQUETTE Courtesy. Each occupant shall endeavor to use its Unit and the Common Elements in a manner calculated to respect the rights and privileges of other occupants.

Annoyance. An occupant shall avoid doing or permitting anything to be done that will annoy, harass, embarrass or inconvenience other occupants or their guests, or the Association's employees and agents.

Noise and Odors. Each occupant shall exercise reasonable care to avoid making or permitting to be made loud, disturbing or objectionable noises or noxious odors that are likely to disturb occupants of other Units.

Reception Interference. Each occupant shall avoid doing or permitting anything to be done that may unreasonably interfere with the television, radio, telephonic. or electronic reception on the Condominium.

No Personal Service. The Association's employees and agents are not permitted or

one that may unreasonably interfere with the television, radio, telephonic. or electronic reception on the Condominium.

No Personal Service. The Association's employees and agents are not permitted or authorized to render personal services to occupants. Each Owner agrees that the Association is not responsible for any item or article left with or delivered to the Association's employees or agents on behalf of such occupant.

Compliance with Law. Occupants may not use the Condominium for unlawful activities.

Occupants shall comply with applicable laws and regulations of the United States and of the State of Texas, and with ordinances, rules and regulations of Austin, Texas. An occupant who violates this provision shall hold the Association and other Owners and occupants harmless from all fines, penalties, costs and prosecutions for the occupant's violation or noncompliance.

A22309.1 695316v3 10/23/2006 7.1.

7.2.

7.3.

7.4.

8.1.

SECTION 7 - ARCHITECTURAL CONTROL Common Elements. Without the Board's prior written approval, a person may not change, remodel, decorate, destroy or improve the Common Elements or the Units (but such approval is not required for remodeling that is purely cosmetic, not visible from the exterior of the Unit, and does not involve load bearing structural components of the building) nor do anything to change the appearance of the Common Elements as visible outside of the building, including, without limitation, the entry door, balcony or patio, and landing or walkway appurtenant to the Unit.

Prohibited Acts. No Owner or occupant may: 7.2.1 Signage. Post signs, notices or advertisements on the Common Elements or in a Unit if visible from outside its Unit without obtaining the Board's approval. Each Unit Owner is responsible for the cost of its signage.

igns, notices or advertisements on the Common Elements or in a Unit if visible from outside its Unit without obtaining the Board's approval. Each Unit Owner is responsible for the cost of its signage.

7.2.2 Displays. Place or hang an object in, on, from or above any window, interior window sill, balcony or patio that, in the Board's opinion, detracts from the appearance of the Condominium.

7.2.3 Personal Property. Hang, shake or otherwise display linens, clothing, towels, Tugs, shoes, mops, bedding or other similar items from windows, doors, balconies, patios or passageways.

7.2.4 External Fixtures. Erect or install exterior horns, lights, speakers, aerials, antennas or other transmitting or receiving equipment, or cause anything to protrude through an exterior wall or roof.

7.2.5 Decorations. Piace decorations on exterior walls or doors, or on the Common Elements.

Window Treatments. An Owner may install window treatments inside its Unit, at its sole expense, provided: 7.3.1 Permitted. Window treatments are limited to drapes, blinds or shutters; 7.3.2 Prohibited. Aluminum foil and reflective window treatments are expressly prohibited; and 7.3.3 Maintenance. Window treatments must be maintained in good condition, and must be removed or replaced if they become stained, torn, damaged or otherwise unsightly in the opinion of the Board.

Board Approval. To obtain the Board's written consent for a modification, an Owner must submit to the Board complete plans and specifications showing the nature, kind, shape, size, materials, colors and location for all proposed work, and any other information reasonably requested by the Board. The Board's failure to respond to the Owners written request within 45 days after it receives the Owner's request shail be construed as

rk, and any other information reasonably requested by the Board. The Board's failure to respond to the Owners written request within 45 days after it receives the Owner's request shail be construed as no objection to the proposed changes.

SECTION 8 - VEHICLE RESTRICTIONS Permitted Vehicles. To be permitted on the Condominium, a vehicle must be operable.

For purposes of these Rules, vehicles include automobiles, motorcycles, motorized bikes, 7 A22309.1 695316v3 10/23/2 8.2.

8.3.

8.4.

8.5.

8.6.

9.1.

9.2.

9.3.

10.1.

passenger trucks, small vans and similar passenger vehicles. The following are not permitted on the Condominium without the Board's consent: boats, recreational vehicles and buses. The Board may, in its discretion, require designated parking stickers for all vehicles parking on the Condominium.

Repairs. Washing, repairs, restoration or maintenance of vehicles is prohibited, except for emergency repairs, and then only ta the extent necessary to enable movement of the vehicle to a repair facility.

Space Use. Because of limited off street parking, all parking spaces on the Condominium shail be used for parking purposes only and may not be used for storage.

No parking space may be enclosed or used for any purpose that prevents the parking of vehicles.

No Obstruction. No vehicle may be parked in a manner that interferes with ready access to any entrance fo or exit from the Condominium. No vehicle may obstruct the flow of traffic, constitute a nuisance or otherwise create a safety hazard on the Condominium.

No vehicle may be parked, even temporarily, in spaces reserved for others, in fire lanes or in any area designated as "No Parking."

Nuisances. Each vehicle shall be muffled and shall be maintained and operated to

ay be parked, even temporarily, in spaces reserved for others, in fire lanes or in any area designated as "No Parking."

Nuisances. Each vehicle shall be muffled and shall be maintained and operated to minimize noise, odor and oil emissions. The use of car horns on the Condominium is discouraged. No vehicle may be kept on the Condominium if the Board deems it to be unsightly, inoperable, inappropriate or otherwise violative of these Rules.

Violations. Any vehicle in violation of these Rules may be stickered, wheel-locked and towed or otherwise removed from the Condominium by the Board, at the expense of the vehicle's owner. The Association expressly disclaims any liability for damage to vehicles on which the Association exercises these remedies for Rules violations.

SECTION 9 - TRASH DISPOSAL Generai Duty. Occupant shall not litter, shall endeavor to keep the Condominium clean and shall dispose of all refuse in receptacles provided specifically by the Association for that purpose.

Hazards. Occupant may not store trash inside or outside its Unit in a manner that encourages vermin, causes odors or may permit the spread of fire. Before discarding coals, ashes, logs or other materials used in barbecue grills or fireplaces, occupant shall ensure that the debris is thoroughly cold.

Excess Trash. Occupant shall place trash entirely within a dumpster and may not place trash outside, next to or on top of a dumpster. If a dumpster is full, occupant should focate another dumpster or hold its trash. Boxes and large objects should be crushed or broken down before being placed in a dumpster. Dumpster doors are to be closed at all times when not in use. Occupant shail arrange privately for removal of discarded furnishings or any unusually large volume of debris.

being placed in a dumpster. Dumpster doors are to be closed at all times when not in use. Occupant shail arrange privately for removal of discarded furnishings or any unusually large volume of debris.

SECTION 10 - MISCELLANEOUS Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Condominium designed to make the Condominium less attractive to intruders than it otherwise might be. The Association, its directors, committees, members, agents and employees, shall not in any way be considered an insurer or guarantor of security within the Condominium, and shall not be held liable for any loss or 8 A22309.1 695316v3 10/23/2006 10.2.

10.3.

10.4.

10.5.

damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. Each Owner, occupant, guest and invitee on the Condominium assumes ail risk for loss or damage to its person, to its Unit, to the contents of its Unit and to any other of its property on the Condominium. The Association expressly disclaims and disavows any and ail representations or warranties, expressed or implied, including any warranty of merchantability or fitness for any particular purpose, relative to any security systems, equipment or measures recommended, installed or undertaken within the Condominium.

Right to Hearing. An Owner may request in writing a hearing by the Board regarding an alleged breach of these Rules by the Owner or an occupant of the Owner's Unit. The Board will schedule a hearing within 30 days of receiving the Owner's written request. At the hearing, the Board will consider the facts and circumstances surrounding the alleged violation. The Owner may attend the hearing in person, or may be represented by

the Owner's written request. At the hearing, the Board will consider the facts and circumstances surrounding the alleged violation. The Owner may attend the hearing in person, or may be represented by another person or by written communication.

Mailing Address. An Owner who receives mail at any address other than the address of its Unit shall be responsible for maintaining with the Association its current mailing address. Notifications of change of name or change of address should be clearly marked as such. All notices required to be sent to Owners by the governing documents shall be sent to an Owner's most recent address as shown on the records of the Association. If an Owner fails to provide a forwarding address, the address of that Owner's Unit shall be deemed effective for purposes of delivery.

Revision. These Rules are subject to being revised, replaced or supplemented. Owners and occupants are urged to contact the management office to verify the Rules currently in effect on any matter of interest. These Rules shall remain effective until ten (10) days after the Association maiis notice of an amendment or revocation of these Rules to an Owner of each Unit.

Other Rights. These Rules are in addition to and shall in no way whatsoever detract from the rights of the Association under the Declaration, the Bylaws, the Articles of Incorporation and the laws of the State of Texas.

A22309.1 695316v3 10/23/2006 ua A TM CANNED AMENDED AND RESTATED DECLARATION OF CONDOMINIUMS for the condominiums located at 8642 Fredericksburg Road, San Antonio, Texas formerty known as 8642 Fredericksburg Road Condominiums and hereafter to be known as SECLUDED OAK VILLAS, A CONDOMINIUM Prepared by: William H. Locke, Jr.

Graves, Dougherty, Hearon & Moody, P.C.

401 Congress Avenue, Suite 2200

dericksburg Road Condominiums and hereafter to be known as SECLUDED OAK VILLAS, A CONDOMINIUM Prepared by: William H. Locke, Jr.

Graves, Dougherty, Hearon & Moody, P.C.

401 Congress Avenue, Suite 2200 Austin, Texas 78701 (512)480-6736 [email protected] UNA a LT2~12533-1450-26 Title Data, Inc. AM TDI30582 BE 20060283213 .001 TABLE OF CONTENTS ARTICLE 1.

Limited Common Elements Allocation of Reserved Limited Common Elements.

Allocation of Specified Common Elements.

ALLOCATED INTERESTS Determination of Allocated Interests RESTRICTIONS ON USE AND OCCUPANCY EASEMENTS AND OTHER ENCUMBRANCES AMENDMENT OF DECLARATION PLAT AND PLANS . RECONSTRUCTION AFTER LOSS ARTICLE 12. SPECIAL DECLARANT RIGHTS AND DEVELOPMENT RIGHTS 12.1. Special Declarant Rights and Development Rights 12.2. Limitations on Special Declarant Rights ARTICLE 13.

13.1. Interest on Delinquent Assessments 13.2. Default Interest Rate ARTICLE 14.

Common E ARTICLE 15. Protection of Me Magegee.

15.1. Mortgage Priorities 15.2, 15.3.

15.4.

18.5.

15.6.

15.7. Notice of Damages, Destruction, or Condemnation i 8. Management Certificate ARTICLE 8.

16,1.

16.2.

Title Data, Inc. AM TDI30582 BE 20060283213.002 16.3. Conflict between Declaration and Bylaw 16.4. invalidation of Parts 16.5. Omissions Table of Interests Description of Easements and Other Encumbrances Special Declarant Rights and Development Rights Supplemental Mortgagee Protections Required or Certain Loan Programs...............:0.ss2esese0e Title Data, Inc. AM TDI30582 BE 20060283213.003 AMENDED AND RESTATED DECLARATION OF CONDOMINIUMS OF SECLUDED OAK VILLAS, A CONDOMINIUM ARTICLE 1.

SUBMISSION; DEFINED TERMS 1.1 Submission of Real Estate. WWDC Invesiments Limited, a Texas limited partnership

AND RESTATED DECLARATION OF CONDOMINIUMS OF SECLUDED OAK VILLAS, A CONDOMINIUM ARTICLE 1.

SUBMISSION; DEFINED TERMS 1.1 Submission of Real Estate. WWDC Invesiments Limited, a Texas limited partnership (the “Peclarant’), owner in fee simple of the real estate described in Section 2.2 below located in Bexar County, Texas, hereby fully amends and replaces the Declaration 8642 Fredericksburg Road Condominiums as previously amended (the “Original Declaration”) in full and restates it as amended and restated as follows (this “Declaration”). Declarant submits the real estate, together with all easements, rights and ee thereto and the buildings and improvements erected or to be erected thereon (collectively, the "Property’) to the provisions of Chapter 82 of the Property Code, known as the Texas Uniform Condominium Act (the “Act*). The Original Declaration being fully amended, replaced and restated hereby is recorded at the following volume and pages in the Official Public Records of Real Property for Bexar County, Texas: Volume 3302, Page 936; Volume 3302, Page 946; Volume 3778, Page 1397; and Volume 3378, Page 1429. Pursuant to this Declaration, the Declarant has caused to be filed with the Secretary of State of the State of Texas a Certificate of Formation for SOV Condominium Owners' Association, Inc., a Texas non-profit corporation to act as the unit owners’ association as defined in the Act for the Condominium (the “Association") and the directors designated in the Certificate of Formation have held the organizational meeting of the initial directors of the Association, Including adopting the Bylaws and the Rules of the Condominium. The Bylaws and the Rules of the Condominium

Formation have held the organizational meeting of the initial directors of the Association, Including adopting the Bylaws and the Rules of the Condominium. The Bylaws and the Rules of the Condominium are attached to the Notice of Dedicatory Instruments executed by the Association, which is being filed for record with the County Clerk of Bexar County, Texas for filing in the Official Public Records of Bexar County, Texas. The council of co-owners as defined in Chapter 81 of the Property Code and as identified in the Original Declaration as "8642 Fredericksburg Road Condominiums Owners Association” was never incorporated nor organized as an unincorporated association.

1.2 Defined Terms. Each capitalized term not otherwise defined in this Declaration or in the Plats and Plans shall have the meanings specified or used in the Act. “Owner means a person who acquires a legal or equitable interest in a Unit other than a Jeasehold interest or as security for an obligation.

ARTICLE 2.

NAMES; DESCRIPTION OF REAL ESTATE 2.1 Names.

(2) Condominium. The name of the Condominium is “Secluded Oak Villas, a (b) Associgtion. The name of the Association is SOV Condominium Owners’ Association, Inc., a Texas non-profit corporation (the “Association’).

2.2 Real Estate. The Condominium Is located in Bexar County, Texas. The real estate of the Condominium Is described on Exhibit E attached hereto.

Title Data, Inc. AM TDI30582 BE 20060283213.004 ARTICLE 3.

THE ASSOCIATION 3.1 Authority. The business affairs of the Condominium shall be managed by the Association, acting through Its Board. The Association shall be governed by its bylaws, as amended from time to time.

3.2 Powers.

(a) Powers Granted by the Act. The Association shall have ail of the powers,

ation, acting through Its Board. The Association shall be governed by its bylaws, as amended from time to time.

3.2 Powers.

(a) Powers Granted by the Act. The Association shall have ail of the powers, authority and duties permitted pursuant to the Act necessary and proper to manage the business and affairs of the Condominium.

(b) i jon, Association or any Owner may utlize any y of the rights and remedies set forth ‘bein for the entoyventent of all restrictions, conditions, covenants, reservations, liens, bylaws, rules, charges, and liabilities imposed by the provisions of this Declaration, the Certificate of Formation, bylaws, or rules of the Association.

Failure of the Association or any Owner to enforce shali not be deemed a waiver of the right to do so thereafter.

(1) Rules and Regulations. The Board may adopt rules and regulations for goveming the use and maintenance of the property and obtaining compliance by Owners and their contractors, invitees and tenants with the Declaration and with the Association's bylaws, rules and regulations, provided that same are not prohibited by this Declaration or Texas law. The rules and regulations may address any subject relating to uses of Units, Common Elements, construction, repairs, parking, unsightly objects, relationships between Owners, invitees, tenants and/or the Association, enforcement, and other subjects reasonably affecting the Project. The rules must be consistent with and not In conflict with this Deciaration. — (2) $s. The right to vote and the right to use Common Elorrents SE te ee an aba oct any sum owed to the Association may be suspended by the Board.

(3) Eines. The Board or the Association’s manager may assess fines

ight to vote and the right to use Common Elorrents SE te ee an aba oct any sum owed to the Association may be suspended by the Board.

(3) Eines. The Board or the Association’s manager may assess fines against an Owner for violations by the Owner or its invitees, contractors, or tenants of standards of conduct contained in the Declaration and the Association rules. Fines may also be assessed for violation of suspended common facility use rights. Each day of violation may be considered a separate violation if the violation continues after written notice to the Owners. There must be notice of the alleged infraction and fine to the Owner no later than 45 days from the alleged infraction.

(4) Remedies Against Tenants. The Board shall have authority to evict tenants of Owners, after reasonable notice, for substantial or repeated violations of the Association's - fules. The Board shall have authority to enforce all rules against the Owner's tenants, including collection of fines for violations of the Declaration or bylaws by the tenants.

(5) . The Board may adopt reasonable requirements for leasing a Unit. For example, the Board may require (1) that tenant names, work phones, home phones, and emergency contact persons be registered with the Board or the Association's management company, or (2) that a particular lease form be used, provided that members are free to modify or amend such lease form as they deem proper.

Title Data, Inc. AM TDI30582 BE 20060283213.005 (6) Parking Limitations. Vehicle owners shall reimburse the Association for any costs incurred in towing vehicles illegally parked provided notice required in applicable statutes is complied with in accordance with applicable statutes regarding illegal parking. Owners shal! be

ny costs incurred in towing vehicles illegally parked provided notice required in applicable statutes is complied with in accordance with applicable statutes regarding illegal parking. Owners shal! be responsible for parking violations of their tenants.

(7) Publication of Delinquencies. The Board may disclose and publish to Association members and mortgagees the financial condition of the Association, including a list of names and amounts of any delinquencies. The Board may notify mortgage lenders and tenants of delinquent monies owed by such Owners to the Association. Mortgage lenders may notify the Board of any delinquencies in the payment of mortgages.

(8) pw Owners. An Owner may not sell or convey its Unit without all monies due and owing to the "Association being paid in full; and if such Owner does sell, convey, or transfer its Unit without paying such monies, such selling Owner shall remain liable for all monies accruing to the Association thereafter on such Unit until such monies are paid in full. If an Owner sells or transfers Ownership of Ks Unit and falls to notify the Association of the sale, the selling Owner shall continue to be liable for the assessments accruing on the Unit after the sale or transfer until such time as the selling or transferring Owner notifies the Association in writing of the name and address of the new Owner. The new Owner shall also be liable from the date of such new Owner's acquisition of title.

The selling or transferring Owner shall have a right of indemnity against the new Owner for recovery of any such sums paid by the selling or transferring Owner under this Section.

(8) Addresses. Owners shall keep the Association timely informed of their

of indemnity against the new Owner for recovery of any such sums paid by the selling or transferring Owner under this Section.

(8) Addresses. Owners shall keep the Association timely informed of their current addresses and any change of addresses. Owners shall notify the Association of current names and addresses of tenants of their respective Units.

{10) Attomey’s Fees. If delinquent accounts or other violations are tumed over to the Association's attomey, the Owner shall be liable for all attomey's fees incurred by the Association in collections, filing liens, foreclosing liens, releasing liens, prosecuting lawsuits, and/or otherwise enforcing the Declaration, bylaws, rules and regulations.

(11) Association Entry. The Association shall have the reasonable right to enter an Owner's Unit for purposes of (1) inspection, (2) prevention of damage to the Common Elements, (3) enforcement of the Declaration, and (4) protection of property rights and quiet enjoyment of other Owners. The Association may require Owners to furnish the Association with entry keys to their Units for such purposes.

(12) Bs N eng pgees. Notice to or from one of multiple Owners or tenants of a Uni shall be deemed as notioe tc or from ali Owners or tenants of that Unit. If Owner is more than 60 days delinquent, the Association may send to the Owner's tenant a copy of any Association notices or communications with the Owner. The Association shall give such notice upon written request of a first fen mortgagee or insurer.

(13) Assignment of Revenues. The Association shall have the power to convey a security interest in its revenues to a lender for purposes of obtaining loans necessary for the operation and/or improvement of the Property. No such security interest may be given without being

vey a security interest in its revenues to a lender for purposes of obtaining loans necessary for the operation and/or improvement of the Property. No such security interest may be given without being approved by a vote of the Board.

3.3 Declarant Control. The Declarant shall have all the powers reserved in Section 82.103(c) of the Act to appoint and remove officers and members of the Board.

Title Data, Inc. AM TDI30582 BE 20060283213.006 3.4 Reserve Fund. The Association shall establish adequate reserve funds for replacement of Common Elements. The purpose of the fund is to pay for unforeseen expenditures, or to acquire additional equipment for services deemed necessary or desirable by the Board. The initial reserve fund shall be established by collecting at the time of sale of each Unit by Declarant the sum of at least 2 months’ of estimated common charges for such Unit or at the time control of the Property is transferred to the Unit Owners by the Declarant, whichever is earlier. Any amounts paid into this fund are not to be considered as advance payments of regular assessments. The reserve fund shall be held in the name of the Association at all times, in a segregated fund under the control of the Association. The reserve fund may not be used by the Declarant to, defray any of Declarant’s expenses, reserve contributions, or construction costs or to make up budget deficits while Declarant is in contro! of the Association. When unsold Units are sold by Deciarant, the Declarant shall be reimbursed from the reserve fund for any of such Unit's reserve fund eartier contributed to the reserve fund by the Declarant.

3.5 Required Insurance. Except as modified by this Section 3.5, the Association shall

rom the reserve fund for any of such Unit's reserve fund eartier contributed to the reserve fund by the Declarant.

3.5 Required Insurance. Except as modified by this Section 3.5, the Association shall purchase and maintain Insurance Policies for the Condominium as described in Section 82.111 of the Act (the “Insurance Policies’).

(a) fone RE (1) Property Covered. The property to be covered by the Insurance Policies obtained by the Association shail include, but may not be Itmited to (1) all Common Elements, (ii) other common personal property belonging to the Association, (i) fodures, equipment or other property within the Units Rich are to be financed by a mortgage to be purchased by FNMA or FHLMC (regardless of whether or not such property is a part of the Common Elements) and (iv) such other property as the Association considers appropriate.

Q) Amount. The property insurance Policies shall be in an amount equal to 100% of current replacement cost of the property covered thereby exclusive of items normally excluded from coverage.

Q) Name of Insured. The name of the insured under the Insurance Policies obtained by the Association shali be “SOV Condominium Owners’ Association, Inc. for use and benefit of the individual owners (designated by name if required by law)". The Association's Insurance Policies may also be issued in the name of the Insurance Trustee (defined below). Loss payable shall be in favor of the Association (or Insurance Trustee), as a trustee, for each Unit Owner and each Mortgages. The Association or Insurance Trustee, if any, must hold any proceeds of insurance in trust for Unit Owners and then First Mortgagees as their interests may appear. Each Unit Owner and each Unit Owner's

he Association or Insurance Trustee, if any, must hold any proceeds of insurance in trust for Unit Owners and then First Mortgagees as their interests may appear. Each Unit Owner and each Unit Owner's mortgagee, if any, shall be beneficiaries of the Association's Insurance Policies in the percentage of interest in the Common Elements.

(4) Cettificates. Certificates of insurance shall be issued to each Unit Owner and mortgagee upon request.

(5) Other Requirements. Such Insurance Policies shall contain the standard mortgage clause, or equivalent endorsement (without contribution), which is commonly accepted by private institutional mortgage investors in the area in which the property is located and which appropriately names FNMA and FHLMC if such corporations are hokders of first mortgages on Units within the Condominium. Such Insurance Policies must also provide () that they may not be cancelled or substantially modified without at least 10 days’ prior written notice to the Association and to each holder of a First Mortgagee listed as a scheduled holder of a first mortgage in the Association's Insurance Policies, (i) recognition of any insurance trust agreement (ii) a waiver of the right of subrogation against Unit Owners individually, (iv) that the insurance ts not prejudiced by any act or negiect of individual Unit 4 Title Data, Inc. AM TDI30582 BE 20060283213.007 Title Data, Inc. AM TDI30582 BE 20060283213.008 Owners which is not in the control of such owners collectively and (v) that the insurance policy is primary in the event the Unit Owner has other insurance covering the same loss.

(>) Liability Insurance.

(1) Limits. Coverage limits shall be in amounts generally required by private

surance policy is primary in the event the Unit Owner has other insurance covering the same loss.

(>) Liability Insurance.

(1) Limits. Coverage limits shall be in amounts generally required by private institutional mortgage investors for projects similar in construction, location and use. However, such coverage shall be for at feast $1,000,000.00 for bodity injury, including deaths of persons and property damage arising out of a single occurrence.

2) Coverage Generally. Coverage under this policy shall include, without limitation, legal Wabiity of the insureds for property damage, bodily injuries and deaths of persons in connection with the operation, maintenance or use of the Common Elements, and legal liability arising out of lawsuits related to employment contracts of the Association. Such policies must provide that they may not be cancelled or substantially modified, by any party, without at least 10 days’ prior written notice to the Association and to each Mortgages on an Unit which Is listed as a Mortgagee in the insurance policy.

(© Fidelity Bonds. The Association shall maintain blanket fidelity bonds for all officers, directors and employees of the Association and all other persons, including property managers handling, or responsible for, funds of or administered by the Association. The fidelity bonds shall name the Association as an obligee and shall not be less than the estimated madmum of funds, including reserve funds, in the custody of the Association or a property manager, as the case may be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than a sum equal to 3 months aggregate assessments on ail Units plus reserve funds. The bonds

ven time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than a sum equal to 3 months aggregate assessments on ail Units plus reserve funds. The bonds shall contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons serving without compensation from the definition of “employee” or similar terms or expressions. The premiums on all bonds required hereby, except those maintained by a property manager, shall be paid by the Association as a Common Expense. The bonds shall provide that they may not be cancelled or substantially modified (including cancellation for non-payment of premiums) without at least ten (10) days’ prior written notice to the Association, Insurance Trustee (defined below) and the servicer of any FNMA mortgage.

provisions of this Section 3.5, there may be named as an insured, on behalf of the Association, the Association's authorized representative, including any trustee with whom the Association may enter into any insurance Trust Agreement or any successor to such trustee (each of whom shall be referred to herein as the “Insurance Trustee”), who shall have the exclusive authority to negotiate losses under any policy providing such property or liability insurance and to perform such other functions as are necessary to accomplish this purpose. Each Unit Owner appoints the Association or any Insurance Trustee or substitute Insurance Trustee designated by the Association as attomey-in-fact for the purpose of purchasing and maintaining such insurance, including the collection and appropriate distribution of the

substitute Insurance Trustee designated by the Association as attomey-in-fact for the purpose of purchasing and maintaining such insurance, including the collection and appropriate distribution of the proceeds thereof; the negotiation of losses and execution of releases of liability; the execution of all documents; and the performance of all other acts necessary to accomplish such purposes.

3.6 Condemnation. in addition to the provisions of Section 82.007 of the Act, each Unit owner appoints the Association as attomey-in-fact for the purpose of representing the Unit owners In any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of all of any part of the Common Elements by the condemning authority.

ARTICLE 4, UNITS 41 Number of Units. The number of Units in the Condominium is 52.

4.2 Identification of Units. The identification number of each Unit is shown on the Plats (hereafter defined) or Plans (hereafter defined) or both.

43 Unit Boundaries. The boundaries of each Unit are as defined in the Act and are depicted and located as shown on the Plats and Plans. The walls, floors, and ceilings are designated as boundaries of a Unit.

ARTICLE 6.

LIMITED COMMON ELEMENTS 6.1 Limited Common Elements.

(a) A “Limited Common Element” means a portion of the Common Elements, designated in this Declaration, or on the Plats and Plans, or by the Act, for the exclusive use of one or more but fewer than all of the Units.

Designation. The portions of the buildings described in Exhibit © attached (b) hereto, in addition to the portions described in Sections 82.052(2) and 82.052(4) of the Act, are designated as Limited Common Elements.

8.2 Allocation of Reserved Limited Common Elements. Portions of the Common

addition to the portions described in Sections 82.052(2) and 82.052(4) of the Act, are designated as Limited Common Elements.

8.2 Allocation of Reserved Limited Common Elements. Portions of the Common Elements are marked on the Piats and Plans as Common Elements which may be allocated as Limited Common Elements. Declarant reserves the right to allocate specified areas which constitute a part of the Common Elements as Limited Common Elements for the exclusive use of an owner of a Unit. Declarant may assign such Common Elements as Limited Common Element areas pursuant to the provisions of Section 82.058 of the Act (1) by making such an allocation in a recorded instrument, or (i) in the deed to the Unit to which such Limited Common Element area shall be appurtenant, or (jij) by recording an appropriate amendment to this Declaration. Such allocations by the Declarant may be to Units owned by the Declarant. Subsequent to the Declarant Control Period, the right of allocation pursuant to this Section Shall pass from the Declarant to the Board and the Declarant may not thereafter exercise any such right.

8.3 Allocation of Specified Common Elements. The Board may designate parts of the Common Elements from time to time for use by less than ail of the Unit Owners or by nonowners for specified periods of time or by only those persons paying fees or satisfying other reasonable conditions for use as may be established by the Board.

ARTICLE 6.

ALLOCATED INTERESTS 6.1 Allocated Interests. The undivided interest in the Common Elements, the Common Expense liability, and votes in the Association allocated to each Unit are set forth in Exhibit A.

6.2 Determination of Allocated Interests. The interests allocated to each Unit have been calculated as follows:

ability, and votes in the Association allocated to each Unit are set forth in Exhibit A.

6.2 Determination of Allocated Interests. The interests allocated to each Unit have been calculated as follows: (a) . With respect to the undivided interest in Common Elements, a 1/52 share to each of the 52 Units; Title Data, Inc. AM TDI30582 BE 20060283213.009 (b) Liability. With respect to the percentage of liability for Common Expenses, a 1/52™ share to each of the 52 Units; and (©) Voting. With respect to the number of votes in the Association, on the basis of one vote per Unit.

ARTICLE 7.

RESTRICTIONS ON USE AND OCCUPANCY All Units and the Common Elements shall be used for single family residential purposes only.

ARTICLE 8.

EASEMENTS AND OTHER ENCUMBRANCES AK easements and encumbrances to which the Condominium is presently subject are recited in . In addition, the Condominium may be subject to other easements or licenses hereafter granted by the Declarant pursuant to Section 12,1 of this Declaration.

ARTICLE 9.

AMENDMENT OF DECLARATION Any amendment to this Declaration must be adopted in accordance with the Act.

Declarant may amend this Declaration at any time prior to the sale of a Unit to an Owner other than Declarant. Declarant may also amend this Declaration for the purpose of exercising a Special Declarant Rights and Development Rights reserved by Declarant. Pursuant to §82.067 (a)(3) of Act, any such amendment wil be effective upon: (1) execution by Declarant and (2) compliance with §82.067(g) of ACT.

Declarant may also amend the Declaration as provided by §82.051(c), §82.059(f), §82.060 and §82.067 (a) and (f) of the Act.

The Association may amend this Declaration in accordance with §82.007, §82.056(d), §82.058(c), or

end the Declaration as provided by §82.051(c), §82.059(f), §82.060 and §82.067 (a) and (f) of the Act.

The Association may amend this Declaration in accordance with §82.007, §82.056(d), §82.058(c), or §82.062 of Act, but subject to the limitations herein made. Certain Owners may amend this Dectaration in accordance with §82.058(b), §82.062, and §82.068(b) of Act. No amendment will be effective until an original thereof is duly recorded in the Official Public Records.

This Declaration may be terminated in accordance with §82.068 of the Act.

ARTICLE 10.

PLAT AND PLANS Attached to this Declaration as Exhibit C is the plat of the Condominium (the "Plat”) and the plans for the Condominium (the “Pians’).

ARTICLE 11.

RECONSTRUCTION AFTER LOSS In the event of a casualty to the Condominium, the Association shall rebuild or repair according to Section 82.1141() of the Act.

Title Data, Inc. AM TDI30582 BE 20060283213.010 ARTICLE 12.

SPECIAL DECLARANT RIGHTS AND DEVELOPMENT RIGHTS 12.1 Special Declarant Rights and Development Rights. The Declarant reserves the rights set forth below, aie as further defined in Exhibit D attached hereto (collectively, the “Special (a) Improvement Rights. The right to complete or make improvements indicated on the Plats and Plans (‘Improvement Rights’); @) Marketing Rights. The right to maintain sales offices, management offices, leasing offices, and modeis in Units or on the Common Elements (Marketing Rights’); Units In the Condominium for sale (Signage Rights’); (d) Power to Grant Easements. The right to use, and to permit others to use, easements through the Common Elements as may be reasonably necessary for the purpose of

ominium for sale (Signage Rights’); (d) Power to Grant Easements. The right to use, and to permit others to use, easements through the Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's obligations under the Act and this Declaration (the “Power to Grant Easements’); and (e) — Power to Remove Officers and Directors. The right to appoint or remove any ‘Power to Remove Officers and Officer of the Association or any director consistent with the Act (the “ Directors”).

12.2 Limitations on Special Declarant Rights. Unless sooner terminated by a recorded insument signed by the Deciarant, the Deciarant's Power to Remove Officers and Directors is limited to the Declarant Control Period (as defined in Exhibit D attached hereto).

ARTICLE 13.

INTEREST RATE 13.1 Interest on Delinquent Assessments. In the event of default in the payment of any monetary obligation to the Association, an Owner shall be obligated to pay interest on the principal amount, from the due date, at a rate to be determined, from time to time, by the Board, not to exceed the madmum pennitted by law.

13.2 Default interest Rate. If the Board shall refuse or fail, from time to time, to determine a rate of interest, the rate of interest shail be 18% per annum.

ARTICLE 14.

MAINTENANCE, REPAIR AND REPLACEMENT 14.1. Windows and Doors. Each Unit Owner is responsible for the cost of maintenance, repair, and replacement of windows and doors serving only the Owner's Unit.

14.2 Equipment Serving Only One Unit. Each Unit Owner is responsible for the cost of maintenance, repair, and replacement of any utility installation or equipment serving only the Owners Unit, without regard to whether the installation or equipment is located wholly or partially outside the

nance, repair, and replacement of any utility installation or equipment serving only the Owners Unit, without regard to whether the installation or equipment is located wholly or partially outside the designated boundaries of the Unit. For purposes of this section, utility installations and equipment include teeptione, intemet, cable, electricity, water, sewage, gas, water heaters, and heating and air conditioning equipment.

iii icc evenness is PS AAAS AEG SS nr PTE api tpt = Title Data, Inc. AM TDI30582 BE 20060283213.011 14.3 Common Elements, Except as set out in Sections 14.1 — 14.3, the cost of maintenance, repair and replacement of Common Elements shall be as set forth in the Act.

ARTICLE 15.

PROTECTION OF MORTGAGEES 15.1 Mortgage Priorities. Any Owner shail have the right from time to time to mortgage or encumber its Unit by deed of trust, mortgage or other security instrument.

15.2 Notice to Association. Upon request by the Association, an Owner who mortgages its Unit shail notify the Association, giving the name and address of its mortgagee. Each mortgagee may notify the Association of the fact that such mortgagee holds a deed of trust or mortgage on a Unit. The Board shall maintain such information in its records.

15.3 Notice of Default: Lapse in Insurance. The Association shail notify a mortgagee of a Unit in writing, upon written request of such morigagee, which also provides the Association with its name and address and the number of the Unit on which it holds its lien, of any default by the Owner of such Unit In performing such Owner's obligations, as set forth In the Declaration, which are not cured within 30 days _ after written notice to do so has been given. The Association, upon written request, shalt notify a First

uch Owner's obligations, as set forth In the Declaration, which are not cured within 30 days _ after written notice to do so has been given. The Association, upon written request, shalt notify a First Lien Mortgagee of any lapee, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association.

15.4 Examination of Books. Upon request, the Association shall permit a Unit Owner and its mortgagees to examine current copies of the Declaration, Bylaws, other Rules conceming the Project, and the books and records of the Association during normal business hours.

15.6 Annual Audits. Upon written request the Association shall fumish each mortgagee which holds a first lien on a Unit, including HUD, VA, FNMA and FHLMC (Elst Lien Mortaagee”) an annual financial statement of the Association within 120 days following the end of each fiscal year of the Association upon payment of reasonable copy charges.

16.6 Notice of Meetings. The Association shall fumish each First Lien Mortgagee upon written request by such First Lien Mortgagee, prior written notice of all meetings of the Association and permit the designation of a representative of such First Lien Mortgagee to attend such meetings, one such request to be deemed to be a request for prior written notice of all subsequent meetings of the Association.

15.7 Notice of Damages, Destruction, or Condemnation. Upon written request by it, the Association shall fumish a First Lien Mortgagee timely written notice of any substantial damage or partial destruction of any Unit on which such First Lien Mortgagee holds the mortgage if such loss exceeds $1,000 and of any part of the Common Elements If such loss exceeds $ 10,000. The same notice shall be

destruction of any Unit on which such First Lien Mortgagee holds the mortgage if such loss exceeds $1,000 and of any part of the Common Elements If such loss exceeds $ 10,000. The same notice shall be timely given if condemnation proceedings are instituted on a mortgagee's Unit or if specific notice to a lienholder is required under this Declaration.

15.8 Management Certificate. A management certificate, in compliance with the requirements of Act, shail be timely filed with the County Clerk. ‘ 18.9 Limitation on Amendments. The consent of owners of Units to which at least 100% of the votes in the Association are allocated and the approval of the First Mortgagees on Units to which at least 100% of the votes of Units subject to a First Mortgage appestain, shall be required to terminate the Condominium. The consent of owners of Units to which at least 67% of the votes in the Association are allocated and the approval of the First Mortgagees on Units to which at least fifty-one percent (51%) of 9 695313v3 10/23/2006 A22309.1 Title Data, Inc. AM TDI30582 BE 20060283213.012 the votes of Units subject to a First Mortgage appertain, shall be required to materially amend any provisions of this Declaration or equivalent documents of the Condominium, or to add any material provisions thereto, which establish, provide for, govem or regulate any of the following: (a) —_—voting; (bt) Assessments, Assessment liens or subordination of such liens; (c) rights to use of the Common Elements; (d) responsibility for maintenance and repair of the several portions of the Condominium; expansion or contraction of the Condominium or the addition, annexation or withdrawal of the Property to or from the Condominium; (e) boundaries of any Unit;

f the several portions of the Condominium; expansion or contraction of the Condominium or the addition, annexation or withdrawal of the Property to or from the Condominium; (e) boundaries of any Unit; ( the interests in the General or Limited Common Elements; imposition of any right of first refusal or similar restriction on the right of a Unit (h) owner to sell, transfer or otherwise convey his or her Unit in the Condominium; 0 establishment of self-management by the Association where professional management previously has been required by any party; @ expansion or contraction of the Condominium, or the addition, annexation or withdrawal of property to or from the Condominium; &®) restoration or repair of the Condominium (after damage or partial condemnation) in a manner other than that specified herein; Q bring any legal action or arbitration proceedings against any third party, including, without limitation, against the Declarant, the contractor constructing the Condominium, or any of their agents, attorneys, consultants, architects or engineers; or (m) any provisions that expressly benefit mortgage holders, insurers or guarantors.

The consent of owners of Units to which at least 67% of the votes in the Association are allocated and the approval of the First Mortgagees of First Mortgages on Units to which at least 51% of the votes of Units subject to a First Mortgage appertain, shall be required to amend any provisions included in this Declaration or equivalent documents of the Condominium which are for the express benefit of the First Mortgagees or insurers of First Mortgages on Units in the Condominium. The provisions of this Section

laration or equivalent documents of the Condominium which are for the express benefit of the First Mortgagees or insurers of First Mortgages on Units in the Condominium. The provisions of this Section Shall not apply to amendments to this Declaration or termination of the Condominium made as a result of destruction, damage or condemnation.

ARTICLE 16.

MISCELLANEOUS PROVISIONS 16.4 Dimensions. The square footage, size, and dimensions of each Unit as set out and shown in this Declaration or on the Map are approximate and are shown for descriptive purposes only, and the Declarant does not warrant, represent, or guarantee that any Unit actually contains the area, 695313v3 10/24/2008 A22309.1 Title Data, Inc. AM TDI30582 BE 20060283213.013 Square footage, or dimensions shown by the plat thereof. A purchaser of a Unit shall have no claim or demand against the Declarant or any other person because of any difference, shortage, or discrepancy between the Unit as actually and physically existing and us as is shown on the Map. The existing physical boundaries of a Unit or of any Unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be in the boundaries, regardless of settling, arising, or lateral movement of the buliding and regardiess of variance between the boundaries shown on the Map and those of the Buildings.

16.2 Notices. All notices, demands or other notices intended to be served upon an Owner may be sent by ordinary or certified mail, postage prepaid, or by personal delivery, in any event addressed in the name of such Owner in care of the Unit number and Building address of such Owner, All notices, demands or other notices Intended to be served upon the Board of Directors of the Association or

d in the name of such Owner in care of the Unit number and Building address of such Owner, All notices, demands or other notices Intended to be served upon the Board of Directors of the Association or the Association, may be sent by ordinary or certified mail, postage prepaid, or by personal delivery, in any event to the management company for the Association, until such address 's changed by a notice of address change duly recorded in the Official Public Records of Bexar County Texas.

16.3 Conflict between Deciaration and Bylaw. Whenever the application of a provision of this Declaration conflicts with the application of any provision of the Bylaws adopted by the Association, the provisions or application of this Declaration shall prevail.

16.4 Invalidation of Parts. If any of the provisions of this Declaration or any section, sentence, clause, phrase or word or the application thereof in any circumstances ts invalidated or declared unenforceable, such invalidity shall not affect the validity of enforceability of the remainder of this Dectlaration and the application of any provisions, section, sentence, clause, phrase, or word in any other circumstance shail not be affected thereby.

16.6 Omissions. |n the event of the omission from this Declaration of any word, sentence, clause, provision, or stipulation which shall be necessary for the accomplishment of the intent and purposes of this Declaration, then such omitted matter shall be supplied by inference and/or by reference to the Act.

aN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed this (Ts day of Noventee , 2006.

WWODC INVESTMENTS LIMITED, a Texas limited partnership Robert W. McDonald, Ill, President THE STATE OF TEXAS COUNTY OF TRAVIS nr RE Te

this Declaration to be executed this (Ts day of Noventee , 2006.

WWODC INVESTMENTS LIMITED, a Texas limited partnership Robert W. McDonald, Ill, President THE STATE OF TEXAS COUNTY OF TRAVIS nr RE Te Title Data, Inc. AM TDI30582 BE 20060283213.014 Robert W. McDonaki, III, President of Wimberley West Development Corporation, a Texas corporation, General Partner of WWDC INVESTMENTS LIMITED, a Texas limited partnership, on behalf of said dine RF oo NOTARY PUBLIC, corporation and limited partnership.

Title Data, Inc. AM TDI30582 BE 20060283213.015 J EXHIBIT A TABLE OF INTERESTS Bidg Unit No(s).

Share A 101 1/52 A 102 1/52 A 103 1/52 A 104 1/52 A 105 1/52 A 106 1/52 A B B B 107 201 202 203 1/52 1/52 1/52 1/52 B 204 1/52 B 205 1/52 B 206 1/52 C 301 1/52 C C 302 303 1/52 1/52 C 304 1/52 C 305 1/52 C 306 1/52 C 307 1/52 C 308 1/52 C 309 1/52 C 310 1/52 C 311 1/52 C 312 1/52 C 313 1/52 C 314 1/52 C 315 1/52 C 316 1/52 D 401 1/52 D 402 1/52 D 403 1/52 D 404 1/52 D 405 1/52 D 406 1/52 E 501 1/52 E 502 1/52 E 503 1/52 E 504 1/52 E 505 1/52 E 506 1/52 F 601 1/52 F 602 1/52 F 603 1/52 13 Title Data, Inc. AM TD130582 BE 20060283213.016 695313v3 10/23/2008 A22309.1 Title Data, Inc. AM TDI30582 BE 20060283213.017 EXHIBIT B DESCRIPTION OF EASEMENTS AND OTHER ENCUMBRANCES Plat recorded in Volume 9502, Page 126, Deed and Plat Records, Bexar County, Texas.

Easement recorded in Volume 6291, Page 230, Deed Records, Bexar County, Texas.

Easement recorded in Volume 9350, Page 65, Real Property Records, Bexar County, Texas.

Easement and Memorandum of Agreement recorded in Volume 6291, Page 230, Deed Records, Bexar County, Texas.

Texas.

Easement recorded in Volume 9350, Page 65, Real Property Records, Bexar County, Texas.

Easement and Memorandum of Agreement recorded in Volume 6291, Page 230, Deed Records, Bexar County, Texas.

Easement recorded in Volume 10262, Page 623, Real Property Records, Bexar County, Texas.

Restrictive covenants recorded in Volume 10262, page 629, Real Property Records, Bexar County, Texas.

Title Data, Inc. AM TDI30582 BE 20060283213.018 EXHIBIT C PLAT AND PLANS ee «eens eptenenrnnarnennnnsacet Title Data, Inc. AM TDI30582 BE 20060283213.019 EXHIBIT D SPECIAL DECLARANT RIGHTS AND DEVELOPMENT RIGHTS 1. Rights.

(a) Changes to Units. Declarant reserves the exclusive right but not the duty to amend the Plat and Plan to vary the size, shape, physica! layout, or location of any unsold Unit or Units. If Declarant makes any significant variances in Unit sizes, Deciarant shall have a right and a duty to correspondingly adjust the percentages or fractions of ownership of the Common Elements of ail Units.

Declarant reserves the right to change, modify, or amend the description assigned to any unsold Unit, so long as Dectarant, or any assignee of Special Declarant Rights and Development Rights, is the owner of such Unit or Units, which change, modification, or amendment may affect the size, appearance, mechanical, structural, and other components of the Unit(s) to which such horizontal description relates.

In the event Declarant elects to change the description assigned to a Unit or Units owned by Declarant, Declarant shall file an Amendment to the recorded Declaration in the Official Public Records. In conjunction with any change, modification or amendment to a description assigned to a Unit or Units, the

eclarant shall file an Amendment to the recorded Declaration in the Official Public Records. In conjunction with any change, modification or amendment to a description assigned to a Unit or Units, the Designation may also reallocate the interest in Common Elements and percentage interest allocation assigned to all or any Units within the Condominium.

Declarant hereby reserves the right to convert by an Amendment to the recorded Declaration a Unit into additional Units, so long as Deciarant, or any assignee of Special Declarant Rights and Development Rights, is the Owner of such Unit. Furthermore, in the event Declarant elects to convert a Unit into additional Units, Declarant may also amend this Declaration to designate portions of the converted Unit into Limited Common Elements assigned to each or either Unit which results from such conversion, so long as Declarant, or any assignee of Special Declarant Rights and Development Rights, is the Owner of the converted Unit. No assurance ts given as to the number of additional Units Declarant may elect to create from a conversion of such Units, the dispersion of the Units resulted from such conversion, or the size of such Units. in the event Deciarant, or any assignee of Special Declarant Rights and Development Rights, elects to convert a Unit into additional Units as provided herein, Declarant, or any assignee of Special Declarant Rights and Development Rights, shall file an Amendment to the recorded Declaration in the Official Public Records. in the event an Amendment to the recorded Declaration is recorded which converts any Unit identified herein into additional Units, such Units resulting from the conversion shall be fully assessable on the date the Unit created from such conversion is sold to

ecorded which converts any Unit identified herein into additional Units, such Units resulting from the conversion shall be fully assessable on the date the Unit created from such conversion is sold to a third party other than Declarant.

Declarant has also reserved the right to combine by amendment Units iocated in a Building into a Sing!e Unit or into Units which differ from the configuration of the combined Units, so long as Declarant, or any assignee of the Special Declarant Rights and Development Rights, is the Owner of all the combined Units. In the event Declarant elects to combine Units located in a Building into a single Unit or into Units which differ from the configuration of the combined Units, Declarant may also amend this Declaration to designate portions of the combined Units into Limited Common Elements assigned to the Unit(s) which result from such combination, so jong as Declarant, or any assignee of Special Declarant Rights and Development Rights, is the Owner of the all of the combined Units. No assurance is given as to the number of Units or configuration Declarant may elect to create from a combination of Units, the dispersion of the Units resulted from such combination, or the size of such Units. In the event Declarant elects to combine Units into a single Unit or into Units with configurations which differ from the original combined Units, Declarant shall file an Amendment to the Declaration in the Official Public Records.

(b) Completion of Construction. Deciarant reserves the right to do what is reasonably necessary or advisable in connection with the compietion of any work in the Condominium; and the right 17 605313v3 10/23/2006 A22309.1 Title Data, Inc. AM TDI30582 BE 20060283213 .020

at is reasonably necessary or advisable in connection with the compietion of any work in the Condominium; and the right 17 605313v3 10/23/2006 A22309.1 Title Data, Inc. AM TDI30582 BE 20060283213 .020 to construct and maintain the Common Elements and Units owned or controlled by Declarant, its successors or assigns, or its or their contractors or subcontractors, as may be reasonably necessary for the conduct of its or their business of completing any work and developing, seiling, leasing, or managing of the Units in the Condominium.

© Assessments. Declarant reserves the assessment payments rights and duties as permitted §82.112(b) of the Texas Uniform Condominium Act (TUCA’).

(d) Parking. Deciarant reserves the right to designate and assign portions of the General Common Elements as parking for the exclusive use of any Owner of a Unit. Any parking spaces not specifically designated by the Declarant for the exclusive use of an Owmer of a Unit will be under the exclusive control and administration of the Association at such time as the Declarant no longer owns any Unit within the Condominium. The Board may thereafter assign parking spaces to any Owner or may use such parking spaces in a manner determined by the Board. Any designation and assignment of General Common Elements as parking will be memorialized by a written “Assignment of Parking" executed by an authorized representative of the Deciarant (or Board if Declarant no longer owns any Units within the Condominium) which shail identify the parking space(s) and the Unit assigned thereto. The Assignment Shall be made a part of the corporate records of the Association and may not be terminated or modified without the consent of the Deciarant (or a majority of the Board if Declarant no longer owns any Units

be made a part of the corporate records of the Association and may not be terminated or modified without the consent of the Deciarant (or a majority of the Board if Declarant no longer owns any Units within the Condominium) and the Owner of the Unit to which such General Common Element parking was assigned.

2. Dectarant Control Period. Declarant shall have the sole and absolute right to appoint all the members of the Board until that date, which is 120 days after the conveyance of 75% of the Units have been conveyed to persons other than Declarant and, further, thereafter shall have the continuing sole and absolute right to appoint 2/3rds of the members of the Board until that date which is the earlier to occur of 120 days after the conveyance of 50% of such Units or 3 years from the conveyance of the first Unit by Declarant (the “Declarant Control Period”). The foregoing right of the Declarant shall not be affected by any transfer of Special Declarant Rights and Development Rights created or reserved herein. After the expiration of the Deciarant’s Control Period, the Unit Owners shail elect the Board, which members, within 31 days thereafter, shall elect the officers of the Association.

3. Dectarant's Mortgage. Any mortgage of the Deciarant’s interest in the Condominium shall be deemed to include the Special Declarant Rights and Development Rights; and any foreclosure sale pursuant to such mortgage shall automatically convey the Special Declarant Rights and Development Rights.

4. Assignment. The rights reserved by Declarant under this Declaration may be transferred as provided in §82.104 of TUCA. A conveyance by the Declarant shall not convey any Special Declarant Rights and Development Rights unless expressly so provided and unless the transferee also executes

as provided in §82.104 of TUCA. A conveyance by the Declarant shall not convey any Special Declarant Rights and Development Rights unless expressly so provided and unless the transferee also executes the conveyance instrument, as required by TUCA.

| SS rE RSS shi ssh tren Title Data, Inc. AM TDI30582 BE 20060283213.021 Title Data, EXHIBIT E Land Description Lot 43, N. C. B. 12858 in the Perry Flume Subdivision, City of San Antonio, Bexar County, Texas, as shown and depicted on plat recorded in Volume 9502, Page 126, Deed and Plat Records of Bexar County, Texas and the .0148 of an acre and a 9.0577 of an acre tract of land conveyed to Declarant by Special Warranty Deed recorded under Document No. 2006010511, Official Public Records, Bexar County, Texas. : Inc. AM TDI30582 BE 20060283213 .022 Title Data, Inc. AM TDI30582 BE 20060283213.023 EXHIBIT F Supplemental Mortgagee Protections Required or Certain Loan Programs The Condominium is not a “master” project and is not associated with an “master” project documents, owner's association (or cooperative corporation) or similar entity as such terms are used in Part VII!

(Project Standards), Chapter 6 (Legal Guidelines) of the Federal National Mortgage Association (ENMA’) Selling Guide. If the Property is accepted by FNMA, insurance shall comply with Part Vill, Chapter 7 of the FNMA Selling Guide (or as otherwise required by FNMA for condominium projects). No amenities or facilities related to the Property shall be (a) subject to any restriction or reservation in favor of Declarant (or any affiliate of Declarant); (b) leased to the Association or any Owner. If the Property is accepted by FNMA, as required by § 608.02 of the FNMA Selling Guide, Declarant shail be obligated to commence

ny affiliate of Declarant); (b) leased to the Association or any Owner. If the Property is accepted by FNMA, as required by § 608.02 of the FNMA Selling Guide, Declarant shail be obligated to commence payment of all Assessments against Units owned by Declarant 60 days foliowing the first conveyance of a Unit by Declarant to an Owner. If such date is other than the first day of a month, then Declarant shall be obligated to pay only a pro rata share of the Assessments against such Units based on the number of days remaining during such month. Policies are unacceptable where: (1) under the terms of the insurance carrier's charter, bylaws or policy, contributions or assessments may be made against borrowers, FNMA, FHLMC or the designee of FNMA or FHLMC, (ji) by the terms of the carrier's charter, bylaws or policy, loss payments are contingent upon action by the carier’s board of directors, policyholders or members or (ji) the Association's Insurance Policies include any limiting clauses (other than Insurance conditions) which could prevent FNMA, FHLMC or the borrowers from collecting insurance proceeds. The requirements set forth in Section 3.5 are generally provided by the insurer in the form of a “Special Condominium Endorsement” or its equivalent. The Association's Insurance Policies shall afford, as a minimum, protection against the following: ()) loss or damage by fire and other perils normally covered by the standard extended coverage endorsement, (i) In the event the Condominium contains a steam boiler, loss or damage resulting from steam boiler equipment accidents in an amount not less than $50,000 per accident per location (or such greater amount as deemed prudent based on the nature of the

boiler, loss or damage resulting from steam boiler equipment accidents in an amount not less than $50,000 per accident per location (or such greater amount as deemed prudent based on the nature of the Property and (lil) all other perils which are customarily covered with respect to condominiums similar in construction, location and use, including all perils normally covered by the standard “all-risk” endorsement, which such is available. In addition, FNMA requires that the Association's Insurance Policies include an “Agreed Amount Endorsement” and, If available, an ‘Inflation Guard Endorsement."

FHLMC requires the foregoing endorsements only if they are available and are commonly required by prudent institutional mortgage investors in the area in which the Condominium is located. FNMA and FHLMC may also require, on an individual case basis, construction code endorsements (such as a Demolition Cost Endorsement, a Contingent Liability from Operation of Budding Laws Endorsement and an Increased Cost of Construction Endorsement) if the Condominium is subject to a construction code provision which would become operative and require changes to undamaged portions of the Units, thereby imposing significant costs in the event of partial destruction of the Condominium by an insured hazard. If the Property is accepted by FNMA, the following actions are added to the list of items in Section 15.9 requiring consent of owners of Units to which at least 67% of the votes in the Association are allocated and the approval of the First Mortgagees on Units to which at least fifty-one percent (51%) of the votes of Unis subject to a First Mortgage appertain, shall be required to materially amend any

ocated and the approval of the First Mortgagees on Units to which at least fifty-one percent (51%) of the votes of Unis subject to a First Mortgage appertain, shall be required to materially amend any provisions of this Declaration, or equivalent documents of the Condominium, or to add any material provisions thereto, which establish, provide for, govem or regulate any of the following: (i) reserves for eas wide repair and replacement of the Common Elements; (i) insurance or fidelity bonds; and (ili) leasing nits.

AFTER RECORDING RETURN TO: WILLIAM H. LOCKE, JR.

GRAVES, DOUGHERTY, HEARON & MOODY, P.C.

POST OFFICE BOX 98 AUSTIN, TX 78767-0098 (512) 480-5736 [email protected] Title Data, Inc. AM TD130582 BE 20060283213.024 21 695313v3 10/23/2006 A22309.1 CONSENT OF DECLARANT’S MORTGAGEE The undersigned, being the owner and hokder of liens, including the liens identified in Exhibit A attached hereto (collectively the “Liens") upon and against the property located at 8642 Fredericksburg Road, Bexar County, Texas, including the land (the “Land*) described in Exhibit A attached hereto and all improvements and appurtenances thereto (the “Property’), which is described in the Amended and Restated Declaration of Condominiums for Secluded Oaks Villas, a Condominium (the "Decilaration’) executed by WWODC invesiments Limited, as Declarant, hereby consents to the Declaration, to the recording of same for submission of the Property to a Condominium Regime pursuant to the Texas Uniform Condominium Act, and the subordination of the Liens to the Declaration. This consent shall not be construed or operate as a release of the Liens. However, the foregoing consent and subordination

iform Condominium Act, and the subordination of the Liens to the Declaration. This consent shall not be construed or operate as a release of the Liens. However, the foregoing consent and subordination Shall not have the effect of subordinating the Liens to any lien arising pursuant to the Declaration. In the event of any foreclosure of the Liens against any of the Property covered by the Declaration or in the event of a deed given in lieu of such foreclosure, the purchaser at such foreclosure or the grantee of such deed in fieu of foreciosure shail not be liable for any assessments arising under the Declaration prior to Such forectosure or deed in lieu of foreclosure.

Lienholder: JHX2, Ltd., a Texas limited partnership By JHX2 GP, Inc., Its General Part THE STATE OF TEXAS § § COUNTY OF TRAVIS § President of JHX2 GP, énc., @ Texas corporation, the General Partner of JHX2, Ltd., a Texas limited partnership, on behidif of said corporation Sind limited partnership.

Public for the of Texas Liens Deed of Trust recorded under Bexar County Clerk's File No. 20060160513 and Vendor's Lien in Deed recorded under Bexar County Clerk's File No. 20060160511.

Exhibit B Land Lot 43, N. C. B. 12858 in the Perry Flume Subdivision, City of San Antonio, Bexar County, Texas, as shown and depicted on plat recorded in Volume 9502, Page 126, Deed and Plat Records of Bexar County, Texas and the .0148 of en acre and a 9.0577 of an acre tract of land conveyed to Declarant by Special Warranty Deed recorded under Bexar County Clerk’s File No. 20060160511.

701126v1 10/23/2006 A22H9.1 Title Data, Inc. AM TDI30582 BE 20060283213.025 RECORDER'S MEMORANDUM AT THE TIME OF RECORDATION, THIS INSTRUMENT WAS FOUND TO BE

Bexar County Clerk’s File No. 20060160511.

701126v1 10/23/2006 A22H9.1 Title Data, Inc. AM TDI30582 BE 20060283213.025 RECORDER'S MEMORANDUM AT THE TIME OF RECORDATION, THIS INSTRUMENT WAS FOUND TO BE INADEQUATE FOR THE BEST PHOTOGRAPHIC REPRODUCTION BECAUSE OF ILLEGIBILITY, CARBON OR PHOTO COPY, DISCOLORED PAPER ETC.

Any provision herein which restricts the sale, or use of the described real property because of race is invalid and unenforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR I hereby Certify that this instrument was FILED in File Number Sequence on this date and at the time stamped hereon by me and was duly RECORDED in the Official Public Record of Real Property of Bexar County, Texas on: COUNTY CLERK CAR COUNTY, TE JAN 08 2014 Araily COUNTY, CLERK BEXAR COUNTY, TEXAS Doc# 20140002320 Fees: $170.00 01/08/2014 1:57PM # Pages 37 Filed & Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Return to The Majors Law Firm, PLLC 100 E. San Antonio St., Suite 207 102 San Marcos, Texas 78666 20060283213.026 Doc# 20060283213 Fees: $116.00 11/22/2008 10:29AM # Pages 26 Filed & Recorded in the Official Public Records of BEXAR COUNTY GERRY RICKHOFF COUNTY CLERK propaty bacanan of race is levde gedunenfermablender Federal law STATE OF TEXAR, COUNTY OF BEXAR I hereby certify that the instrument was FILED in File Number Sequence on date and at the theme glumped hereen by me anewy MY RECORDED Official Public Rental Property of Dali Doảng, Phim anh 1 NOV 2 2:2006: Seng Rutaff COUNTY CLERK BEXAR COUNTY, SAS 2