Document

Ge ptr CONDOMINIUM RECORDS fi i 3042 9 fe SPRINGTIREE CROSSING JOINT VENTURE .

" DECLARATION AND MASTER DEED FOR D :\ Aughdt 26, 1980 ————— NOTICE - CERTAIN PROVISIONS OF THIS INSTRUMENT ARE SUBJECT TO ARBITRATION UNDER TEE TEXAS GENERAL ARBITRATION .

ACT, ARTICLES 224 THROUGH 238-b, TEXAS REVISED CIVIL STATUTE ANNOTATED, AS AMENDED. Vito AGEs" GOITE CULE ARTICLE ARTICLE 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 ARTICLE .O1 .02 .03 04 «O5 .06 .07 .08 ,09 -10 Www WO WW www ARTICLE © -O1 02 »O3 04 ib .

o ARTICLE 5.01 5.02 5.03 §.04 §.05 5.06 5.07 5.08 I Tl iit Iv TABLE OF CONTENTS DEFINITIONS PROPERTY SUBJECT TO THIS DECLARATION Description and Ownership of Project and Apartments Parking Spaces Patios Ownership of Common Elements Alteration of Apartments Easements Encroachments Sale of Interest in Common Elements Addition of Additional Property to the Project ORGANIZATION AND MANAGEMENT The Board of Directors Voting Election, Tenure and Procek Board of Director Consent of Owners in u of Meeting Delegation Powers and Duties sand Duties ailed Records opfmencement of Payment of Assessments; Taxes Maintenance Fund No Exemption from Liability Default in Payment of Assessments Payment of Assessments Upon Sale or Conveyance of an Apartment PROVISIONS WITH RESPECT TO THE APARTMENTS, THE COMMON ELEMENTS AND MORTGAGES Each Owner's Obligation to Repair oO Wow yd yond of Directors 13 20 21 22 22 22 23 26 26 26 Alterations, Additions and Improvements 27 Restrictions on Use of Apartments and Common Elements Liability of Owners for Negligence Rules of the Board Abatement of Violations Advances, Powers to Enforce Declara-= tion of Owners and Mortgagees Failure of the Board to Insist on Strict Performance; No Waiver) . cau, 28 30 30 30 31 PRE.

S176 C329 5.09

d Abatement of Violations Advances, Powers to Enforce Declara-= tion of Owners and Mortgagees Failure of the Board to Insist on Strict Performance; No Waiver) . cau, 28 30 30 30 31 PRE.

S176 C329 5.09 5.10 Mortgagee Protection Provisions 32 Right of Access 35 5.11 Use by Developer 35 5.12 Transfers 35 ARTICLE VI INSURANCE 36 6.01 Maintenance of Hazard Insurance 36 6.02 Insurance Trustee 37 6.03 Maintenance of Liability Insurance 38 6.04 Governing Provisions 38 6.05 Premiums 40 6.06 Distribution of Proceeds 40 6.07 Responsibility of Each Owner ARTICLE VII DAMAGE AND DESTRUCTION 7.01 Reconstruction or Repair 7.02 Insufficiency of Proceeds ARTICLE VIII MISCELLANEOUS 8.01 Eminent Domain 8.02 8.03 8.04 8.05 8.06 8.07 8.08 Audit Personal Property No Partition Effect and Interpretation Amendment Severability Power of Attorney Unofficial Copy 41 41 46 47 48 48 48 VULTAGE A0176 0330 DECLARATION AND MASTER DEED FOR SPRINGTREE CROSSING CONDOMINIUMS (with Deed of Trust to Secure Assessments) THIS DECLARATION AND MASTER DEED made this 2674 day of August, 1980, by SPRINGTREE CROSSING JOINT VENTURE ("Developer"), a joint venture composed of (i) The Springtree Ziff Group, (ii) Edward Verde, an individual resident of Rockwall, Texas, (iii) Joseph Ehrler, an individual resident corporation, (c) Lawrence E. Tabak, a res County, Texas, pursuant to the prov lens b Condominium Act, Article 130la of the\Tagas Revised Civil Statutes (the "Act"”), for tha pufAos hereinafter described real ER located thereon to 5 Ane n pégime: Submitting the Ad the improvements SETH: is the owner of certain real eCounty, Texas, as more particularly described attached hereto and made a part hereof for twelve (112) apartment units, covered and uncovered parking

he improvements SETH: is the owner of certain real eCounty, Texas, as more particularly described attached hereto and made a part hereof for twelve (112) apartment units, covered and uncovered parking areas, and certain other improvements located thereon (such real property and improvements lecated thereon being sometimes hereinafter called the "Project"), as more particularly described on Exhibit "A", attached hereto and made a part aloo PAGE sive COOL hereof for all purposes; and WHEREAS, it is the desire and intention of Developer, by recording this Declaration and Master Deed, to establish a Condominium Project (as defined in the Act) to be known as SpringTree Crossing Condominiums under the provisions of the Act and to impose upon the Project mutually beneficial restrictions under a general plan for the henefit of all of the condominium apartments contained therein and the owners thereof.

NOW, THEREFORE, Developer does, upon the recor hereof, establish the Project as a Condominium Projecp the Act and does hereby declare that the Project sha after such establishment, be held, conveyed, hyg encumbered, leased, rented, used, occupi J, in any other manner utilized, subject to ep isions of the Act and to the covenants, cond ns, ictions, uses, limitations and affirmative ions set forth in this Declaration and Master De which are declared and agreed to ke in furthe plan for the improvement of said property and Y Lud e wi, n thereof into CONDOMINIUMS, SS hh the land and shall be binding gq Owners, as hereafter defined) right, title, or interest in the and all of which a, on all parties (> having or ac Project o thereof, and shall be for the benefit of ny portion of the Project, or any interest shall inure to the benefit of and be binding

est in the and all of which a, on all parties (> having or ac Project o thereof, and shall be for the benefit of ny portion of the Project, or any interest shall inure to the benefit of and be binding Successor in interest of the Owners thereof.

ARTICLE I DEFINITIONS Certain terms as used in this Declaration shall be defined as follows, GaLeEy eua context clearly indicates a different meaning therefor: (a) "Act" shall mean the Texas Condominium Act, Article 130la of the Texas Revised Civil Statutes, and se as the same may be amended from time to timei!!i. ~ PAGE MUAY COG2 a2Qe (b) “Additional Property” shall mean the land adjacent to the Property situated in the County of Dallas, Texas containing approximately 3.914 acres, and being more particularly described on Exhibit "B", attached hereto and made a part hereof for all purposes.

(c) “Apartment” shall mean an enclosed space consisting of one (1) or more rooms occupying all or part of a floor in a building of one (1) or more floars er stories regardless of whether it is designed for residence or for any other type of independent ug shall be the element of a Condomini owned in common with the Owners of r ominiums in the Project. Each Apartme diagramatic floor plan of th iden ied ina og in which it is situated as shown on ti 1 hall consist of a fee simple interest b Cc SING CONDOMINIUM ASSOCIATION, on to be organized pursuant to the Texas Non-Profit ceilings, windows, and Sescribed and the air space so ing or air conditioning equipment tment exclusively shall be a part of "Association" shall mean the SPRINGTREE Corporation Act, of which all Owners shall be members and through which the Owners shall act as a council of co-owners (as defined in the Act), which corporation

Association" shall mean the SPRINGTREE Corporation Act, of which all Owners shall be members and through which the Owners shall act as a council of co-owners (as defined in the Act), which corporation shall administer the operation and management of the Project as a Condominium Project.

Wh MOYO he interior surfaces of a non-profit corporatment includes both the portions (e) "Board_of Directors" or "Board" shall mean the governing body of the Association, elected pursuant to the Bylaws of the Association, (£) "General Common Elements" shall mean and include the following: (i) the Land; (ii) the foundations, bearing walls, perimeter walls and columns; and exits or communication ways; {iv) the compartments or installations of ce services such as central air-conditio heating, power, Light, electricity, ey, gas, cold and hot water, plumbing,/rpeservolgs, water tanks and pumps, incinerato R existing for common use; (v) the premises and facilities the maintenance or repair o Project; (vi) all common recreatjo the swimming ol walkways; (vii) greens, Shies and patios (subject Section 2.03 hereof), vice streets and parking (viii) ents desirable er rationally of Bm or necessary to the existence, safety of the Condominium Project.

(g) Elements" shall mean both the General ca s and the Limited Common Elements.

yM "condominium" shall mean the entire estate in ¢ el property owned by any Owner, consisting of an vided interest in the General Common Elements, any Limited Common Elements allocated to his Apartment, and ownership of a separate interest in an apartment.

(i) "Developer" shall mean Springtree Crossing Joint Venture, a joint venture, its successors and any

Common Elements allocated to his Apartment, and ownership of a separate interest in an apartment.

(i) "Developer" shall mean Springtree Crossing Joint Venture, a joint venture, its successors and any assignee, other than an Owner, who shall receive by assignment from the said Springtree Crossing Joint Venture all, or a portion, of its rights hereunder as WUC ae FADE MOEZG CAB4 such Developer, by an instrument expressly assigning such rights as Developer to such assignee.

(j) "Declaration" shall mean this instrument.

(k) “Limited Common Blements" shall mean and include those items which would otherwise be considered General Common Elements which are reserved by Developer for the use of Owners of specific Apartments to the exclusion of other Owners, such as entry halls, stairways, balconies, patios and parking spaces, both open and Directors as hereafte h rv a Mortgage who has given to the Association notice that it is the beneficiary under or er of a Mortgage affecting all or any part of the roject, as hereinafter defined.

{o) "owner" shall mean and refer to every person or entity who is a record owner of a fee or an undivided fee interest in any Condominium, including contract sellers. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation.

yl eS FATE HULTE LGU -5(p) “Plan” shall mean the Condominium Plan of the Project attached hereto as Exhibit "Cc" and made a part hereof for all purposes.

(q) "Property" shall mean the Land together with the easements appurtenant thereto.

(x) Project" shall mean the Property and all structures and improvements now or hereafter erected thereon, together with all additions which may here-

together with the easements appurtenant thereto.

(x) Project" shall mean the Property and all structures and improvements now or hereafter erected thereon, together with all additions which may hereafter be made thereto as provided in Article II.

ARTICLE II 2.01.

and Apartments. The Project covered by i eclaration is called "SpringTree Crossing Condomjnjums" consists of twenty-eight (28) buildi containing a total of one hundred twelve (112) eS a f hundred twelve (212) parking spaces, and cate ments. Each Owner shall f and possession of his be entitled to exclusive ne Apartment. The peycéntadge vided interest of each Owner or nm the document of conveyance or other instrument.

2.02. Parking Spaces. Each Owner shall, in ad to owning a fee simple interest in his Condominiun, have an exclusive easement, appurtenant to his Apartment for the use of one parking space, and may be granted an exclusive easement for the use of one or more additional parking spaces, aS designated in the Plan or granted in the Condominium deed to the Owner. Such easement shall not entitle the Owner to (i) construct any garage, carport, or other structure upon the parking space or spaces, or (i1) alter or remove WE Oe. PAGE sh VIG any existing garage, carport or other structure upon the parking space or spaces.

2.03. Balconies and Patios. The balconies and patios shown and graphically described in the floor plan attached to the Plan are Limited Common Elements. Each Owner whose Apartment has sole access to a balcony or patio shall have an exclusive easement for the use thereof, but such easement shall not entitle an Owner to construct anything thereon or to change any structural part thereof.

2.04, Ownership of Common Elements. Each 2W shall own an undivided interest in the Common

ch easement shall not entitle an Owner to construct anything thereon or to change any structural part thereof.

2.04, Ownership of Common Elements. Each 2W shall own an undivided interest in the Common tenant in common with all other Owners of the except as otherwise limited in this Dec the right to use the General Common Elen incident to the use and occupancy his place of residence, and such othe ental uses permitted by this Declaration, witho hi or encroaching upon the lawful rights of the o ‘ , Which right shall be appurtenant to and rey with © partment. The extent or amount of such o be expressed by a percentage relating to eac and shall remain constant, unless changed by the ey each A is as set forth on Exhibit "p", attached approval of all Owners and Mortgagees.

The percenta in the Common Elements relating to ere 2.05. Alteration of Apartments. Developer reserves the ht to change the interior design and arrangement of all Apartments and to alter the boundaries between Apartments so long as Developer owns the Apartments so altered. No such change shall increase the number of Apartments nor alter any boundaries of the Common Elements (other than common walls separating apartments owned by Developer) without an amendment of this Declaration approved by the Owners and Mortgagees in the manner elsewhere herein provided.

5 vit mae: PAGE .

SUL76 UGS Changes in the boundaries between Apartments, as hereinbefore provided, shall be reflected by an amendment of the Plan and, if necessary, of this Declaration. An amendment of the Plan or of this Declaration reflecting an alteration of Apartment boundaries of Apartments owned by Developer need be signed and acknowledged only by Developer and need not be approved by the Owners, whether or not such approval may

ecting an alteration of Apartment boundaries of Apartments owned by Developer need be signed and acknowledged only by Developer and need not be approved by the Owners, whether or not such approval may @lsewhere be required herein. Any changes made under this Section 2.05 shall be subject to the provisions of Secti 5.09.

2.06. Easements.

limitation thereof, those relating gas, het and cold water, heating, ation, air conditioning, ventilating, garbage disposal, in order ovided, however, that an Apartment shall only be such as are show. ns for the building to be constructed, or as ing shall be constructed, unless approved in w q the Owner of the servient Apartment.

¢ are appurtenant to the Apartments air mpressors which are located in the General ts appurtenant to such Apartments. An easement reserved in favor of each such Apartment for the purpose of placement, maintenance, repair and replacement of the said air conditioning compressors by Developer and the respective Owners; provided that no air conditioning com~ pressor shall be placed in any part of the General Common Elements other than the present location unless the written approval of the Board shall have been first obtained.

2.07. Encroachments. The existing physical boundaries of an Apartment, or of an Apartment reconstructed yuk oe PAGE DEG C338 in substantial accordance with the original plans thereof, shall be conclusively presumed to be its boundaries rather than any metes and bounds description expressed in the Plan or in an instrument conveying, granting or transferring an Apartment, regardless of settling or lateral movement and regardless of minor variances between boundaries shown on the Plan or reflected in the instrument of grant, assignment

ting or transferring an Apartment, regardless of settling or lateral movement and regardless of minor variances between boundaries shown on the Plan or reflected in the instrument of grant, assignment or conveyance and those existing from time to time. In the event any portion of the Common Elements encroaches upon a Apartment or any Apartment encroaches upon the Common as a result of the construction, reconstruction, rega shifting, settlement or movement of any portion Project, a valid easement for the encroa maintenance of the same shall exist so bg as\the encroachment exists.

2.08. mon Elements. No Owner shall be entitled to 1) his interest in any of the cee gments, or in any element of the component intexssy j omprise his Condominium, except in conjunct otherwise convey and any attempt parted transaction in violation of this provisio e’void, dition of the Additional Property to (i) Owner, at any time prior to December 31, 1986, add the Declarant may, without the consent of any Additional Property and any improvements thereon to the Project and to tha concept of this Declaration by filing of record a Condominium Plan for the Additional Property and a Supplementary Declaration and Master Deed, which shall extend the concept of the covenants, conditions and restrictions of this Declaration to the vice PAGE KILTG UBS a Additional Property, (ii) In the event the Additional Property is added to the Project as set forth in this Section, such addition when made shall automatically extend the jurisdiction, functions and duties of the Association to the Additional Property. Upon the filing of the Condominium Plan and the Supplementary Declaration and | Master Deed for the Additional Property, the percentage ownership in the Common Elements relating to each

onal Property. Upon the filing of the Condominium Plan and the Supplementary Declaration and | Master Deed for the Additional Property, the percentage ownership in the Common Elements relating to each Apartment shall be adjusted to be as set forth o Exhibit "%", attached hereto.

B. Aii future improvements made to thé Project as provi Board of Direc pe fixed from time to time by the Owners of the Apartments. The initial Board of Directors Sist of three (3) members. The initial Board of S shall adopt such Bylaws (the "Bylaws") as it shall deem appropriate, provided that Mortgagees upon request shall be entitled to written notice of all meetings of the Association and shall be permitted to designate a representative to attend all such meetings.

3.02. Voting. The Association shall have two classes of voting membership: wi FALE KILTE 6340 CLASS A: Class A Members shall be all Members with the exception of Developer. Class A Members shall be entitled to one (1) vote for each Condominium in which they hold the interest required for membership. When more than one person holds such interest or interests in any Condominium, all such persons shall be Members, and the vote for such Condominium shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect t any such Condominium.

CLASS B: The Class B Member(s) shall be Develoy Se) The Class B Member(s) shall have a total number of equal to one (1) more than the total number of © Class A members. However, at such times As’ the ondominiuns owned by the Class B Member(s), B Member(s) shall, during the time such equali€y ° Z continues, be entitled to only one (1) vote for » d6minium owned by it.

Control of the Asso i sh become vested in the Class A

he Class B Member(s), B Member(s) shall, during the time such equali€y ° Z continues, be entitled to only one (1) vote for » d6minium owned by it.

Control of the Asso i sh become vested in the Class A Members within n 20 days after completion of Members of title to Apartments representing 4 ve percent (75%) of the votes of all Members, of the votes of Owners of Apartments within ke expansion of the Project.

Election, Tenure and Proceedings of Board dF ors.

A. At the organizational meeting of the Association, as provided in the Bylaws, the Owners shall elect a new Board of Directors and at each annual meeting the Owners shall elect members of the Board to replace the members whose terms have expired, as provided in the Bylaws. Members of the Board (other than the initial Board of Directors as specified in the Articles of Incorporation) shall be Owners yi PAGE KULEG C34 -lie Ld or spouses of Owners. If an Owner is a partnership or corporation, any partner or officer thereof shall qualify as an Owner and may be a member of the Board. A majority of the total number of members on the Board shall constitute a quorum. Members of the Board elected at the organization meeting shall serve until the first annual meeting. At the first annual meeting, three (3) Board members shall be elected, B. At the organization meeting, each member the Board shall be elected for a term of one (1) yeay Thereafter, members of the Board shall serve for elected, or until their death, resignatifou upon terminate. Any member of time by giving written notise Board, and any member of may be removed from membership on the av g wote of the Owners of a that the Owne thag at a meeting called within ten (10) days afte vrence of the vacancy, may fill the vac The Board may act (i) by majority vote at a

from membership on the av g wote of the Owners of a that the Owne thag at a meeting called within ten (10) days afte vrence of the vacancy, may fill the vac The Board may act (i) by majority vote at a ni i which a majority ef its members are present and of which notice has been given or for which notice has been waived, or (ii) by the unanimous written consent of its members without a meeting. The Board shall by resolution establish the required notice of meetings and other regulations for the conduct of meetings.

3.04. Consent of Owners in Lieu of Meeting.

A. Any action, except election of the Board, which may be taken by the vote of the Owners at a meeting, WH PAGE SUL7G C342 -12may be taken without a meeting if authorized by the written consent of the Owners owning at least a majority of the Condominiums; provided that if any greater proportion of voting power is required for such action at a meeting, then such greater proportion of written consents shall be required.

B. In no instance where action igs authorized by written consent need a meeting of Owners be called or noticed.

3.05. Delegation. The Board shall elect (i} a President of the Association who shall preside over bo shall keep the minutes of all meetings of e the Owners and who shall, in general, Pp orm e duties incident to the office of Secratary, (i asurer to keep the financial records and bod ef account, and (iv) such additional officers as shal Mhorized by the Bylaws of the Association, re; ay delegate any of cluding, but not limited that any suc ey on shall be revocable unon not more Ne written notice by the Board. The oard shall not be liable for any omission or cise by the Manager of any such duty, power or so delegated by written instrument executed by a majority of the Board.

Ne written notice by the Board. The oard shall not be liable for any omission or cise by the Manager of any such duty, power or so delegated by written instrument executed by a majority of the Board.

3.06. Powers and Duties of Board of Directors, The Board, for the benefit of the Condominiums and the Owners, shall provide, and shall pay for out of the maintenance fund hereinafter provided, the following: (a) Taxes and assessments, and other liens and encumbrances, which shall properly be assessed or charged against the Project or the Common Elements yu ree PAGE g01'76 0943 De rather than against the individual Owners and individual Apartments. The Board will endeavor to have each Condominium separately assessed, and each Owner shall execute such instruments and take such action as may reasonably be required by the Board to obtain such separate assessment; (b) Exterior maintenance, painting, gardening, care, preservation and any desired minor improvements for each Apartment and the Common Elements, and ful maintenance of and utility services for the Cammé Elements, including the parking spaces and inc furnishing and upkeep of any desired perso for use in the Common Elements; (c) Maintenance of utility s ms the Comtnon Elements, and any required st ural airs. The Owner of each Condominium s for maintenance and repair of heating, plu conditioning systems which service only hi um, and shall pay for any repairs res in! x his fault or neglect or that of any of h any occupant of his Condominium; (d) M e e and repair of any Apartment of a type nor sole responsibility of the Owner of the if such maintenance or repair is reasonably 8 in the discretion of the Board to protect the S of Owners generally and if the Owner of the A ment has failed or refused to perform such mainte-

er of the if such maintenance or repair is reasonably 8 in the discretion of the Board to protect the S of Owners generally and if the Owner of the A ment has failed or refused to perform such maintence or repair; provided, however, that the Board shall levy a special assessment against the Condominium of which the Apartment is a part for repayment of the cost of such maintenance or repair; {e) The services of an experienced, professional person or firm to manage the Project or any separate portion thereof and the services of such other personnel Wi ote FADE KI1V'76 0344 ae as the Board shall determine to be necessary or proper for the operation of the Project, whether such personnel are employed directly by the Board or by the Manager; provided, however, any management agreement for the Project will be terminable by the Association for cause upon 30 days' written notice thereof, or without cause upon 90 days' written notice and without payment of a termination fee, and the term of any such agreement may not exceed one year, renewable by agreement of the or other contracts which extend hey which control of the Association be Class A Members as provided in tion 3.02 herecf.

(f) Legal and accounti es; (g) A multi-peri olicies of insurance insuring the Project g Common Elements and the damage by the perils of and those contained in the vandalism and malicious mischief endorsere, 3 syrequired by Section 6.01 hereof; On or policies of insurance insuring the Association, the Owners, and the Managing Against any liability to the public or to the rs (and their invitees or tenants), incident to the ownership or use of the Project, as required by Section 6,03 hereof; (i) Workmen's compensation insurance to the extent necessary to comply with any applicable laws;

itees or tenants), incident to the ownership or use of the Project, as required by Section 6,03 hereof; (i) Workmen's compensation insurance to the extent necessary to comply with any applicable laws; (i) Such fidelity bonds as the Board may determine to be advisable, provided that (i) any person or entity handling funds of the Association shall be covered by an appropriate fidelity bond, and (ii) such fidelity yuo FALE BITTE ESE * ° “ ee | bonds shall name the Association as obligee and shall be written in an amount equal to at least 150 percent | of the estimated annual operating expenses of the Project, including reserves; (k) Any other materials, supplies, insurance, furniture, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments (including taxes or assessments assessed against an individual Owner) which the Board is required to obtain or pay for pursuant to the terms of this Declaration by law, or which in its opinion shall be necessg proper for the operation or protection of th or for the enforcement of this Declar that if any such materials, supplie labor, services, Maintenance, repairs, stru terations, insurance, taxes or assessments e determined by the to the Owners of the are a part. ro 3.97. Ani t@ on i Powers and Duties of the Board.

A. 1 shall have the following additional rights, p 4 duties: (4 © execute all declarations of ownership for bax\a ssment purposes with regard to the Common ents, on behalf of all Owners; (ii) To borrow funds ta pay costs of operation, secured by assignment or pledge of rights against delinquent Owners, if the Board sees fit; (iii) To enter into contracts, maintain one or more bank accounts (granting authority as the Board shall desire to one or more persons to sign checks), and,

t delinquent Owners, if the Board sees fit; (iii) To enter into contracts, maintain one or more bank accounts (granting authority as the Board shall desire to one or more persons to sign checks), and, yi Fale, SI176 CU46 fas #16.

generally, to have all the powers of an apartment house manager; (iv) To protect or defend the Project from loss or damage by suit or otherwise, and to provide adequate reserves for replacements; (v) To make reasonable rules and regulations for the operation of the Project and to amend them from time to time, provided that any rule or regulation may be amended or repealed by an instrument in writing signed by the Owners of a majority of the Condomi or, with respect to a rule applicable to less t of the Project, by the Owners of a majorit Condominiums in the portions affectg y miting the generality of the foregoing lanyu e rules and provide for Limitationg>on e swimming pool, tennis courts or othe creational areas during certain period thf ersons, visitors or otherwise); Pp (vi) ale te each Owner within sixty (60) days 4a of each year an annual report n ependent certified public accountant, which d report shall be made available to each Owner hin thirty (30) days after completion; (vii) To adjust the amount, collect, and use any insurance proceeds to repair damage or replace lost property: and if proceeds are insufficient to repair damage or replace lost property, to assess all Condominiums in proportionate amounts to cover the deficiency; (viii) To sell the entire Project for the benefit of the Owners when partition of the Project may be had under Section 8.04 hereafter; and yo Wh ee PAGE BOVE OSG -17(ix) To enforce the provisions of this Declaration and any rules made hereunder and to enjoin and seek

partition of the Project may be had under Section 8.04 hereafter; and yo Wh ee PAGE BOVE OSG -17(ix) To enforce the provisions of this Declaration and any rules made hereunder and to enjoin and seek damages from any Owner for violation of such provision or rules; B. ‘The Board or its agents upon reasonable notice may enter any Apartment when necessary in connection with any maintenance or construction for which the Board is responsible. The Board or its agents may likewise enter any balcony or stairway for maintenance, repairs, constructio or painting. Such entry shall be made with as little maintenance fund.

Cc. The Board's powers hereinab enym¢rated shall be limited in that the Board 1 ha authority to acquire and pay for out of the » nee fund any to, or capital witheou case the prior approval of the Owners holding the total yotes of the Association. Expenditures purposes shall be made from the maintenance fund.

D. All agreements, contracts, deeds, leases, vouchers for payment of expenditures and other instruments shall be signed by such officer or officers, agent or agents of the Association and in such manner as from time to time shall be determined by written resolution of the Board. In the absence of such determination by the Board, such documents shall be signed by the Treasurer and countersigned by the President of the Association, Any contract or lease, including Wi, oe PAbE Suv CId8 #18franchises and licenses, to which Developer is a party, and any employment contract or lease of recreational or parking areas or facilities, may be terminated at any time after transfer of control as provided for in Section 3.01, without penalty.

E. The Board shall have the authority to lease or to grant licenses or concessions with respect to any part of

d at any time after transfer of control as provided for in Section 3.01, without penalty.

E. The Board shall have the authority to lease or to grant licenses or concessions with respect to any part of the Common Elements, subject to the terms of this Declaration.

Nothing hereinabove contained shall be construed to give Board authority to conduct an active business for prog behalf of the Association or the Owners BF. The Board shall have the right, p Ver = Section 2.06, to grant, on behalf of the s ty easements under, through, or over the Ca n ents.

3.08. Board Powers, Exc eard, on behalf of the Association, shall exclusive right to contract for all goods, ser eq surance, payment for which is to be made from th ce fund and the exclugive right and obligysjo ° rm the functions of the Board, except as oth6 AL ided herein.

3.09, 5 teh in_ the Association. Every Owner ic hinate upon the sale, transfer or other é@ Association, entitled to vote as herein provi such membership and voting rights shall automat dis i bY such member of his Condominium, at which time ne wner shall automatically become a member of the As ion. The Association may issue non-transferable certificates evidencing membershin therein.

3.19. Limited Liability of the Board and the Owners. The members of the Board shall not be personally liable to the Owners or others for any mistake or judgment or for any acts or omissions made in good faith as such Board member, or acting as the Board, Each member of the Board shall be indemnified by the Association against all ia vuln PAGE SILVG 63d9 ~190 expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him in connection with any proceeding to which he may be a party, or in which he may

ln PAGE SILVG 63d9 ~190 expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of his being or having been a member of the Board, or any settlement thereof, whether or not he is a member of the Board at the time such expenses are incurred, except in such cases wherein the member of the Board is adjudged guilty of willful misfeasance or malfeasance in the performance of his duties; provided in the event of a settlement the indemnification sha y only when the Board approves such settlement and as heing for the best interests of the Boa ike ype ty of any Owner arising out of any contrac ade or Developer or out of the aforesaid in it favor of the members of the Board and Devel shall be limited to such proportion of the tetal li ereunder as his ommon Elements.

percentaye fractional inter Every agreement made by t¢; Developer or by the Managing Agent on Association shall provide ard, Developer or the Managing Agent, as the c es ASSESSMENTS ~ MAINTENANCE FUND are acting only as agents for the Association IWhave no personal liability thereunder.

ARTICLE IV fOl. Estimated Cash Requirements; Assessments A. Within thirty (30) days prior to the beginning of each calendar year the Board shall estimate the net | charges to be paid during such year (including a reasonable provision for contingencies and replacements and less any expected income and any surplus from the prior year's fund).

Such “estimated cash requirement" shall be assessed to the Owners according to the percentage interest of each in the Common Elements. If the said estimated sum proves inadequate for any reason, including nonpayment of any Owner's assessment, Whos . PAGE

the Owners according to the percentage interest of each in the Common Elements. If the said estimated sum proves inadequate for any reason, including nonpayment of any Owner's assessment, Whos . PAGE S)L76 UGb0 the Board may at any time levy a further assessment, which shall be assessed to the Owners in like proportions, unless otherwise provided herein. Each Owner shall be obligated to pay assessments made pursuant to this paragraph to the Association in equal monthly installments on or before the first (ist) day of each month during such year, or in such other reasonable manner as the Board shall designate, B, Subject to the provisions of Section 3.02, th rights, duties and functions of the Board set forth in thd Article IV may, at the election of Developer, be exergi by Developer for all or any portion of the period coy on the date hereof and ending on August 1, 1987 Cc. All funds collected hereu ha, e’expended for the purposes dasignated herein.

4.02. Omission of Asse ts. omission by the Board, before the expiration ear, to fix the assessments hereunder for t xt year shall not be deemed a waiver or modificatio y respect of the provi-~ sions of this Decla LO or ja} release of any Owner from Mg year shall continue until a new Amendments to this Article IV shall be Detailed Records. The Board shall keep ed, accurate records in chronological order of the receipts and expenditures affecting the Common Elements, specifying and itemizing the maintenance and repair expenses of the Common Elements and any other expenses incurred.

Records and vouchers authorizing the payments involved shall be available for examination by any Owner at convenient hours of week days. .

Wife FADK SUIVG COOL 4.04. Commencement of Payment of Assessments;

d vouchers authorizing the payments involved shall be available for examination by any Owner at convenient hours of week days. .

Wife FADK SUIVG COOL 4.04. Commencement of Payment of Assessments; Taxes. Each Owner shall pay monthly assessments as above specified commencing with the close of the purchase of the Condominium owned by the Owner. In addition, each Owner shall pay, within ten (10) days after notice by Developer or the Board as to the amount due, which notice shall be given at least fifteen (15) days prior to delinquency of the taxes, an amount equal to the portion of real property taxes and utility bills attributable to his Condominium which a assessed or charged against the Project rather than agé the Condominiums.

4.05, Maintenance Fund. The monthly collected by the Association shall constj fund for the Project. The Board may at increase or decrease the amounts o thly assessments to such level as shall be reasonabl y in the judgment of the Board to cover obligk dere Board under this Declaration, including pr replacements. The § at a level suffi transfer of his Condominium accomplished in accordance herewith, or after he has executed and delivered to the Board a recordable instrument conveying to the Board his interest in his Condominium free and clear of all liens and encumbrances other than a first mortgage held by a bank, savings and loan association, insurance company or similar institutional lender and/or a mortgage held by Developer and/or the lien for unpaid assessments.

yi, TAGE SIL76 bod 4,07. Default in Payment of Assessments. There ia hereby created a present Deed of Trust lien upon each Condominium to secure the payment of all assessments, whether regular or special, levied by the Board pursuant to the

ent of Assessments. There ia hereby created a present Deed of Trust lien upon each Condominium to secure the payment of all assessments, whether regular or special, levied by the Board pursuant to the terms hereof. In connection therewith, and for the purpose of securing the payment of the aforesaid assessments, Developer hereby grants, sells and conveys to the Association, as Trustee, the Condominiums, IN TRUST, upon the terms and conditions herein set forth, and for such purposes this Section 4.07 shall constitute a Deed of Trust under of the State of Texas. Each assessment shall be distinet and personal debt and obligation 9é against whom the same is assessed. Any q shall, after thirty (30) days' delinguenc interest from the original due date at the ho t lawful rate. In the event of a default or defaul ent of any assessment or assessments, and in any other remedies herein or by law provided, d may enforce each such obligation as follo {a) B its at law to enforce each such assessment h : j “ on behalf of the Association by any one of the Board or by the Manager, if the is so authorized in writing. Each such action adl be brought in the name of the Board and the Board shall be deemed to be acting on behalf of all the Owners, Any judgment rendered in any such action shall include, where permissible under any law, a sum for reasonable attorneys’ fees in such amount as the court may adjudge against such defaulting Owner. Upon full Satisfaction of any such judgment, it shall be the duty of the President of the Association, acting in the name Wut ow PAGE SiG GB0d “236 of the Association, to execute and deliver to the judgment debtor an appropriate satisfaction thereof.

(b) At any time within ninety (90) days after the occurrence of any such default, the Board may give a

e Association, to execute and deliver to the judgment debtor an appropriate satisfaction thereof.

(b) At any time within ninety (90) days after the occurrence of any such default, the Board may give a notice to the defaulting Owner, which notice shall state the date of the delinquency and the amount of the delinquency, and make a demand for payment thereof. If such delinquency is not paid within ten (10) days after delivery of such notice, the Board may elect to recoy a notice of assessment against the Condominium of delinquent Owner. Such notice of assessment sha pursuant to the terms of thiz ation (giving the date of execution and »k and page references of the recording heres Me-Office of the Clerk of the County of Rk J 5. and (5) that a lien is claimed agaryst’ 2 ibed Condominium in an amount such no ysessment shall be signed and acknowledged by fa) of the Board. Upon recordation of a duly u original or duly executed copy of such notice gsment by the Clerk of the County of Dallas, the deed of Trust lien herein created shall immediately Become subject to foreclosure, subject only to the limitations hereinafter set forth, Each default shall constitute a separate basis for a notice of assessment or a lien. If any Owner shall continue to default in the payment of any assessment payable hereunder for a period of ten (10) days after the delivery and recorda~ tion of any said notice of assessment, the Association, as Trustee acting through any authorized officer or by WUE. l Mae Boze & 304 nar, . o | any agent or attorney-in-fact properly authorized by any such officer, may, when authorized so to do by a majority of the Board, sell the Condominium owned by the delinquent owner at public auction te the highest bidder for cash pursuant to the provisions of Article

cer, may, when authorized so to do by a majority of the Board, sell the Condominium owned by the delinquent owner at public auction te the highest bidder for cash pursuant to the provisions of Article 3810 of the Texas Revised Civil Statutes as in force and effect on January 1, 1976, or in accordance with the prescribed manner for foreclosure of Deed of Trus liens provided by any future amendment to such Art tution therefor. In lieu of the foregoing, may enforce any such lien as a mortgade with the provisions of the laws of now or hereafter in effect, which p isivys (including matters incorporated therein eference) are hereby incorporated herein by referé 2 n the event such foreclosure is by action j reasonable attorneys’ fees shall be allowe Wee permitted by law.

oO e is as in the case of a it in writing, shall be deemed toa agent of the lienor and shall be tual expenses and such fees as may be > law or as may be prevailing at the time the ig conducted. The deed upon foreclosure shall be guted and acknowledged by any member of the Board or by the person conducting the sale.

(c) For the purposes of this Section 4.07, a deed upon foreclosure executed and acknowledged by any member of the Board shall be conclusive upon the Board and the Owners in favor of any and all persons who rely thereon in good faith as to the matters therein contained.

In the event any notices of assessment have been recorded as herein provided, and thereafter the Board shall yul. ees PAGE KLE C3SS #25 — receive payment in full of the amount claimed to be due and owing, then upon demand of the Owner or his successor, and payment of a reasonable fee, not to exceed Ten Dollars ($10.00), the Board, acting by any member, shall execute and acknowledge {in the manner above

then upon demand of the Owner or his successor, and payment of a reasonable fee, not to exceed Ten Dollars ($10.00), the Board, acting by any member, shall execute and acknowledge {in the manner above provided) a release of such notice, stating the date of the original notice of assessment, the amount claimed, the date, book, and page wherein the notice of assessme was recorded, and the fact that the assessment has b fully satisfied.

4.08. Payment of Assessments Upon Sale or Conveyance of an Apartment. Upon the sale or co an Apartment, all unpaid assessments agai by the Board pursuant to the terms hereof paid out of the sale price paid by purchasér in preference ever any other assessments or charge hatever nature, except the following: © (i) Assessments ard charges in favor of the State of Texas a itical subdivision thereof for taxes past a> abd, un on the Apartment; and (ii) Am ér mortgage instruments duly recorded.

ARTICLE V SYONS WITH RESPECT TO THE THE COMMON ELEMENTS AND MORTGAGES Each Owner's Obligation to Repair.

Except for those portions which the Board is mired /to maintain and repair hereunder (if any), each Ownes all at such Owner's expense keep the interior of his Apartment and its equipment and appurtenances in good order, condition and repair in a clean and sanitary condition, and shall do all redecorating, painting and varnishing which may at any time be necessary to maintain the good appearance and condition of his Apartment. In addition to decorating and keeping the interior of his Apartment in good repair, each KILO OGG a a Owner shall be responsible for the maintenance, repair or replacement of any plumbing fixtures, water heaters, furnaces, lighting fixtures, refrigerators, air conditioning equipment,

each KILO OGG a a Owner shall be responsible for the maintenance, repair or replacement of any plumbing fixtures, water heaters, furnaces, lighting fixtures, refrigerators, air conditioning equipment, dishwashers, disposals or ranges that may be in, or connect exclusively with his Apartment.

B. Each Owner shall also, at such Owner's own expense, keep the balcony and the interior of the patio (if any) and carport or other covered parking area (if any) which have been assigned to his Apartment in a clean and sanitary condition. The Association shall not be respp ble to any Owner for less or damage by theft or otherwise Elements or his Apartment.

5.02. Alterations, Additions a A. No Ownex shall make alt repairs of or additions to his Apartment ld substantially affect the exterior appearanGe the or erect a radio or television antenna upon the g“O£ which his Apartment without the prior oval of the plans and specifications therefor olor, by the Board. The Board shall grant its &9) he plan of development thereof. The Board's 1 only in the event that the proposed ad enhance the Project in a manner generally disapproval shall be in writing. In the event Board fails to approve or disapprove within thirty ddys after the appropriate plans and specifications have been submitted to it, or in any event, if no suit to enjoin such work has been commenced before thirty (30) days after commencement thereof, approval will be deemed given and compliance with the terms of this paragraph conclusively presumed.

Te FALL esty BOLIG CGO?

=276 B. The Board may delegate its powers under this Section to an Architectural Committee appointed by the Board, which need not consist in part or in whole of Owners.

esumed.

Te FALL esty BOLIG CGO?

=276 B. The Board may delegate its powers under this Section to an Architectural Committee appointed by the Board, which need not consist in part or in whole of Owners.

Cc. Nothing shall be done in or to any part of the Project which will impair the structural integrity of any part of the Project except in connection with alterations or repairs specifically permitted or required hereunder.

D. Notwithstanding anything to the contrary herein contained, there shall be no impairment of the str tural integrity of, or any plumbing or electrical work within, any common wall without the prior consent 9 Owners of the affected Apartments. Each Owner 5s 5.03.

Common Elements. The Project shalJ follows: © (a) Each Apartmep (b) Elements Co; n ants, nor shall anything he altered, or ted or planted in, or removed from the Common ents, without the written consent of the Board.

(sc) No Owner shall permit anything to be done or kept in his Apartment or in the Common Elements which will result in any increase of fire insurance premiums or the cancellation of insurance on any part of the Project, or which would be in violation of any law. No waste shall be committed in the Common Elements.

yu.

mdLTe 6408 poe baht (d) No sign of any kind shall be displayed to the public view on or from any part of the Praject, without the prior consent of the Board, except signs temporarily used by Developer in the original sale or in leasing of Condominiums.

(e) No noxious or offensive activity shall be carried on, nor shall any outside lighting or loudspeakers or other sound producing devices be used, nor shall anything be done, in any part of the Project, which sign, awning, canopy, window air con shutter, or other fixture sha e@

e lighting or loudspeakers or other sound producing devices be used, nor shall anything be done, in any part of the Project, which sign, awning, canopy, window air con shutter, or other fixture sha e@ upon the exterior walls or x ny building or any part thereof, without sent of the Board.

(g) No clothes, ankets, laundry of any kind or other : 1 be hung out or exposed on ements. The Common Elements shall be ke of rubbish, debris and other unsightly materials h M the exception of a Mortgagee in possession ° in tment following a default in a Mortgage, a sure proceeding or any deed or other arrangement i ieu of foreclosure, no Owner shall be permitted to @ase his unit for transient or hotel purposes. No Owner may lease less than the entire unit. Any lease agreement shall be required to provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration and the Bylaws and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. All leases shall be required to be in writing. Other than We bade “29~ SOL76 0359 1 1 ‘ ‘ ) the foregoing, there is no restriction on the right of any Owner to lease his unit.

$.04. Liability of Owners for Negligence. Each Owner shall he liable to the Board for any damage to the Common Elements caused by the negligence or willful misconduct of the Owner or his family, guests, or invitees, to the extent that the damage shall not be covered by insurance.

Each Owner shall indemnify, held harmless, and pay any costs of defense of each other Owner from claims for personal injury or property damage occurring within the Apartm the indemnifying Owner, provided that this protec not extend to any Owner whose negligence or

defense of each other Owner from claims for personal injury or property damage occurring within the Apartm the indemnifying Owner, provided that this protec not extend to any Owner whose negligence or caused or contributed to the cause of thg j damage.

5.05. Rules of the Board. All and occupants shall abide by any rules and regula 8 adopted by the nforce compliance Board. The Board shall have the with said rules and regulat Appropriate legal and equitable remedies, and an ermined by judicial Keats rpyes and regulations shall be SO all damages and costs, including Agakement of Violations. The violation of action to have viola CR liable to the Assé attorneys’ fees.

ation adopted by the Board, or the breach tion, or of any other declaration of covenants, restrictions to which a Condominium may be shall give the Board the right, in addition to any ight or remedy elsewhere available to it: {a) to enter into an Apartment in which, or as to which, such violation or breach exists, and to summarily abate and remove, at the expanse of its Owner, any structure, thing or condition that may exist therein contrary to the intent and meaning of the provisions of any of the foregoing documents, and the Board shail not be deemed to have trespassed; or wii, cts FALE S276 L360 {b) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach.

All expenses of the Board in connection with such actions or proceedings, including court costs and attorneys’ fees and other fees and expenses, and all damages, liquidated or otherwise, together with interest thereon at the highest lawful vate until paid, shall be charged to and assessed against such defaulting Owner, and the Board shall have Code upon all of his personal property i

together with interest thereon at the highest lawful vate until paid, shall be charged to and assessed against such defaulting Owner, and the Board shall have Code upon all of his personal property i Located elsewhere on the Project. Any akd\all rights and remedies may be exercist time to time, cumulatively or ot by the Board.

5.07. Advances, orce Declaration of Owners and Mortgagees.

A. Shoul ny nef Pr any Mortgagee of any Gward discharge of an obligation af “he Association in order to protect é consequences of a delinauency in bligation, such Owner or Mortgagee, in such advance, shall be subrogated to all in those Owners whose defaults haye made necessary the ad @ concerned, until such advance shall have been repaid together with interest thereon at the highest lawful rate plus any reasonable attorneys' fees or other reasonable costs incurred in collection.

B. If the Board has failed to act to enforce any provision of this Declaration for ten (10) days after written demand by any Owner or Mortgagee of any Condominium, then any such Owner or Mortgagee shall be entitled to prosecute, yale, sae PANS ayVv76 CooL u3ku on behalf of the Association and all the Owners, any action authorized hereunder to be prosecuted by the Board, and shall be entitled to any other appropriate equitable relief.

In addition, any Owner shall have a right of action against the Association for failure to comply with the provisions of this Declaration or the Bylaws.

8.08. Failure of the Board to Insist on Strict Performance: No Waiver. The failure of the Board to insist in any one or more instances upon the strict performance the future, of such term, covenant, conds but such term, covenant, condition remain in full force and effect. The vesxeipt by the Board

insist in any one or more instances upon the strict performance the future, of such term, covenant, conds but such term, covenant, condition remain in full force and effect. The vesxeipt by the Board or Manager of any assessment Se er, with knowledge of the breach of any coven Sx shall not be deemed a waiver of such breack( an o Waiver by the Board or the € shall be deemed to have been wYiting and signed by the Board or tio Association of (i) any default by the Owner of Co minium covered by such Mortgage in the performance of Qwner's obligations hereunder which is not cured within thirty (30) days, (ii) any loss to or taking of the Common Elements if such loss or taking exceeds $10,000, or (iii) damage to an Apartment covered by a Mortgage if the amount of such damage exceeds $1,000, (iv) any condemnation of the Project.

8B. Any Mortgagee which comes into possession of the Condominium covered by a Mortgage it holds pursuant to + wien yb a HIRT UBER “326 the remedies provided in the Mortgage, foreclosure of the Mortgage, or Deed (or Assignment) in lieu of foreclosure, shall take the Condominium free of any claims for unpaid assessments or charges against the mortgaged Condominium which accrue prior to the time such Mortgagee acquires title to the Condominium.

C. Unless at least one hundred percent (100%) of the Mortgagees (based upon one vote for each Mortgage owned) of the individual Condominiums have given their prior wri approval, the Association shall not be entitled to: (i) by act or omission, seek to abandop ate the Project; (ii) change the pro rata interes yY ok Aons of any individual Condominium for ty ow y) levying assessments or charges or a distributions of hazard insurance proceeds or condemhatioy awards, or (z) determining the pro rata @ of a ship of each

ns of any individual Condominium for ty ow y) levying assessments or charges or a distributions of hazard insurance proceeds or condemhatioy awards, or (z) determining the pro rata @ of a ship of each Condominium in the Common Elem q (iii) partition or subdj Condominium; (iv) by act or omi¥gto to abandon, partition, subdivide, encumber, sel sfer the Common Elements; (the granting of eas s\for public utilities or for other public puypps confiavent with the intended use he of the Common Aheiren Project shall not be Pe he meaning of this clause); acd surance proceeds for losses to deemed a trang any propert¢, (whether to Condominiums or to Common Elements MheY than the repair, replacement or reconst ef such property, except as provided by statute ge of substantial loss to the Condominiums and Elements of the Project; v terminate professional management and assume andagement of the Project, D. Mortdagees shall have the right to examine the bo Md records of the Association or the Project and to receive annual reports, other financial data, and, upen request, an annual audited statement, within 90 days following the end of any fiscal year of the Association.

E. Assessments levied by the Board shall include an adequate reserve fund for maintenance, repairs and replace~ ment of those Common Elements that must be replaced on a periodic basis, and shall be payable in regular installments wie Pade SUA COGS 39m rather than by special assessments. A working capital fund for the initial months of operation of the Project shall be established in an amount equal to two (2) months' estimated assessments. Each Owner shall contribute two months' assessments, as estimated by Daveloper, to the Association's working capital fund at the time of closing of the purchase

wo (2) months' estimated assessments. Each Owner shall contribute two months' assessments, as estimated by Daveloper, to the Association's working capital fund at the time of closing of the purchase by him of his Apartment.

EF. Any lien which is or may be created hereunder upon any Condominium, including, but not limited to, tha created by Section 4.07 hereof, and the right to fore the same, is and shall be subject and subordinate shall not affect the rights of the holdar o e 6s secured by, any recorded Mortgage upon s ade in good faith and for value, provided that a foreclosure of any such Mortgage there may be a n created pursuant to Section 4.07(b) hereof on the intef the purchaser as an Owner after the date of Sure sale to secure all assessments, whether r pecial, assessed hereunder & o z er the date of such foreclosure SS shall be claimed, shall have erced in the same manner ag provided to such purchaser as sale, which said the same effect herein.

G. ndment to this Declaration shall affect the xig Mortgagee which holds a Mortgage recorded rio rdation of such amendment who does not join in exe ion thereof, H. No breach of the covenants, conditions or restrictions herein contained shall defeat or render invalid the lien of any Mortgage made in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective against any Ownex whose title is derived through foreclosure or trustee's sale, or otherwise.

eve ve PAGE sULVG C64 -34= 5.10. Right of Access. Each Owner hereby grants to the Board a right of access to his Apartment for the purpose of making investigations or for the purpose of correcting any condition originating in his Apartment and threatening another Apartment or the Common Elements, or for

s to his Apartment for the purpose of making investigations or for the purpose of correcting any condition originating in his Apartment and threatening another Apartment or the Common Elements, or for the purpose of doing, taking or performing any act which the Board shall be entitled to do, take or perform, 5.11. Use by Developer. Subject to the rights o, the Mortgagees hereunder, until Developer has completed contemplated improvements and the sale o Subject to the rights of the Mortg s her der, Developer may make such use of the unsold Ap s and of the Common ion and sale, including, but not limited to, mainte 3 sales office, the display of signs bE a erein and the transient use of Apartments and the transfer and the Apartment involved, as well other information relative to the transfer and the transferee as the Board may reasonably request. Such notice shall also contain an executed copy of the instrument of transfer, The provisions hereof shall apply by way of illustration and not in limitation of a transfer occurring by reason of a sale, gift, devise or inheritance, or by lease or by any other manner not heretofore considered. The Provisions of this Section 5.12 shall not apply to Developer.

Wil mess TAGE SVi76 0365 =35ARTICLE VI INSURANCE 6.01. Maintenance of Hazard Insurance. The Board, on behalf of the Association, shall obtain and maintain at all times a policy or policies of multi-peril type hazard insurance, including insurance for such other risks, of a similar oy dissimilar nature, as are or shall hereafter customarily be covered with respect to other condominium projects similar in construction, design and use, insurin the Project against loss or damage by the perils of fi and malicious mischief endorsements, on a replac¢

red with respect to other condominium projects similar in construction, design and use, insurin the Project against loss or damage by the perils of fi and malicious mischief endorsements, on a replac¢ basis in an amount not less than that nec y with any co-insurance percentage stipula in name of, and the procetds Association as trus Re“tse and benefit of the individual Owners (w. ming them) in the proportions established in O04, If the Project is located in an area ident&f by the Secretary of Housing and Urban ing special flood hazards, the Board extent obtainable. insure the Buildings oth insurable property comprising a part of the Commi ements against the perils of flood under the National Flood Insurance Act of 1968, and acts amendatory thereof. Prior to the renewal of any such policy or policies of insurance, the Board shall obtain an appraisal from a qualified appraiser for the purpose of determining the full replacement cost of the Common Elements and the Apartments for the amount of insurance to be effected pursuant hereto.

The cost of any and all such appraisals shall be maintenance Wu PAGE SDAVG 8366 -36~ fund expenses. All such policies of insurance shall comply with the provisions of Section 6.02 hereof and shall (i) contain standard mortgagee clause endorsements in favor of the Mortgagee or Mortgagees of each Apartment, if any, a5 their respective interests may appear; (ii) provide that the insurance shall not be invalidated by any act or neglect of any Owner; (iii) contain an endorsement to the effect that such policy shall not be terminated for non-payment of premiums without at least ten (10) days' prior written notice to the Mortgagee of each Apartment; and (iv) ¢q a Replacement Cost Endorsement.

6.02. Insurance Trustee. The Board

ated for non-payment of premiums without at least ten (10) days' prior written notice to the Mortgagee of each Apartment; and (iv) ¢q a Replacement Cost Endorsement.

6.02. Insurance Trustee. The Board the services of a bank or trust company trust business in the State of Texas and surplus of not less than Fifty Mil Dell §50,000,000) to act as Insurance Trustee and to and disburse the as the Board shall determin t with the provisions the lowest of two (2) for making all repairs all exceed Twenty Thousand Se as aforesaid. Except as otherwise provided -06 hereof, the fees of such Insurance Trustee aintenance fund expenses. The proceeds of such pee shall be applied by the Board or by the Insurance Trustee on behalf of the Board for the reconstruction of the Building damaged, or shall be otherwise disposed of, in accordance with the provisions of Article VII of this Declaration; and the rights of the Mortgagee of any Apartment under any standard mortgage clause endorsement to such policies shall, notwithstanding anything to the contrary therein or in any Mortgage contained, at all times be subject to the al goa 367 provisons hereof with respect to the application of insurance proceeds to reconstruction of the Building damaged; provided, however, that if the Board or the Insurance Trustee fails to perform all of the conditions precedent required by the policy or policies of insurance, and fails to collect the amount of the loss within the time required by law, and the Mortgagee or Mortgagees are required to avail themselves of their rights under the standard mortgage clause to collect the proceeds of the policy or policies of insurance, any amounts so collected through the efforts of said Mortgag

ired to avail themselves of their rights under the standard mortgage clause to collect the proceeds of the policy or policies of insurance, any amounts so collected through the efforts of said Mortgag or Mortgagees. No provision hereof shall entitle of an Apartment or any other party to priorj Mortgagee of such Apartment with respect the bution of any insurance proceeds with respect to rtment.

All insurance policies shall contai waiver of subrogation 6.03.

Board, on behalf shall obtain and maintain AsSociation, Association, Boda the Owners, and the Managing Agent against any.l CS y to the public or to the Owners (and theia f li invitees or tenants), incident to the owner£ the Project, the Common Elements and individual ms, in amounts deemed appropriate by the Board, nsurance shall contain endorsements providing that the rights of the named insureds shall not be prejudiced with respect to actions against other named insureds.

6.04. Governing Provisions. All insurance provided above shall be governed by the following provisions: (a) All policies shall (i) comply with the hagard insurance requirements of the Federal Home Loan Mortgage vise PALE BUL7G 8308 -38Corporation as they apply to condominium loans; and (ii) be written with a company licensed to do business in the State of Texas and holding a rating of "AAA" or better by Best's Insurance Report or other then comparable rating. Yo the extent that the provisions of this i Declaration with respect to the maintenance of insurance cf shall conflict with the hazard insurance requirements of the Federal Home Loan Mortgage Corporation or by th Federal National Mortgage Association, then the req ments of the Federal Home Loan Mortgage Corporat the Federal National Mortgage Association sha

f the Federal Home Loan Mortgage Corporation or by th Federal National Mortgage Association, then the req ments of the Federal Home Loan Mortgage Corporat the Federal National Mortgage Association sha and such requirements shall be complied wi gins Board.

(6) Exclusive authority to adjust alf Jclaims under policies hereafter in f en t roject shall be vested in the Board or its ized representatives.

(c) In no event aly Murance coverage obtained and maintaine Board hereunder he brought into Bayo t io ith insurance purchased by individual Oyy Mortgagees.

ay obtain additional insurance at provided, however, that no Owner shall ovce on the Project at any particular time.

(e) Each Owner shall be required to notify the Board of all improvements made by the Owner to his Apartment, the value of which is in excess of One Thousand Dollars ($1,000).

(£) Any Owner who obtains individual insurance policies covering any portion of the Project other than personal property belonging to such Owner, shall be PAbr quel oo AU, HULI6 6369 “3Qrequired to file a copy of such individual policy or policies with the Board within thirty (30) days after purchase of such insurance.

(g) The Board shall be required to make avery effort to secure insurance policies that will provide for the following: (1) A waiver of subrogation by the insurer as to any claims against the Association, the Board, the Manager, or the Owners, (2) That the policy cannot be cancelled, inva or suspended on account of the conduct 9 officer or employee of the Board or Masia or on account of the conduct of any e@ffe more individual Owners, without a p demand in writing that the Board, Owner(s) cure the defect.

(3) That any "no other insura master policy excludes ing policies from consideratid

conduct of any e@ffe more individual Owners, without a p demand in writing that the Board, Owner(s) cure the defect.

(3) That any "no other insura master policy excludes ing policies from consideratid 6.05, Premiums. Premiu on insurance policies !

purchased by the Board shall be é¢ Board as a maintenance fund expensé; & € amount of increase over the usual premium occ Soy the use, misuse, occupancy or abandonment of a ey its appurtenances or of the Common Elemeptes ner shall be assessed against ys bution of Proceeds. Proceeds of that Owner, 6.

insurance received by the Board or the Insurance Tr al distributed to or for the benefit of the nef L ners in the following manner: (a) Subject to the approval of Mortgagees as provided in paragraph 5.09(c) hereof, all expenses of the. Insurance Trustee (if any) shall be first paid or provision made therefor.

(b) If the damage for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be used to defray the cost thereof as provided in Article VII hereafter. Any proceeds remaining after defraying such costs shall be distributed first .

ai ee TAGE .

OPE 6370 ~40to the Mortgagees and then to the Owners, as their interests may appear.

(c) If it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial owners, remittances to Owners and their Mortgagees being payable jointly to them, (d) In making distribution to Owners and thei Mortgagees, the Insurance Trustee (if any) may r upon a certificate of the Association made b elsewhere on the Project an@pis extent not covered by the lj Onstruct the Buildings damaged, shall be reconstruction. Reconstruction of the

(if any) may r upon a certificate of the Association made b elsewhere on the Project an@pis extent not covered by the lj Onstruct the Buildings damaged, shall be reconstruction. Reconstruction of the §s to substantially the same condition in which they existed prior to the fire, casualty or other disaster, with each Apartment and the Common Elements having the same vertical and horizontal boundaries as before. Such reconstruction shall be caused to be accomplished by the Board.

7,02. Insufficiency of Proceeds. If the insurance proceeds are insufficient to reconstruct a Building, damage to or destruction of such Building shall be promptly repaired ai ce PAGE SOL Od ~416 erat + e and restored by the Board using proceeds of insurance, if any, on the Buildings for that purpose, and the Owners shall be liable in proportion to their respective percentage interests in the Common Elements for assessment for any deficiency. However, subject to any provision of the Act to the contrary, if twoethirds (2/3rds) or more of any Building in the Project is destroyed or substantially damaged, the Board shall cause such Building to be rebuilt and repaired unless three-fourths (3/4ths), in interest and not in nu of the Owners elect within thirty (30) days after the rence of such damage not to rebuild or reconstruc the County Clerk of Dallas County, Texas, forth such facts, and upon the recokd (a) the Project shall common by the Owners; © (b) the undivid in the Project owned in common which 1 Pp ain to each Owner shall be the fractio T interest previously owned by such Owner 7 e mon Elements; (c) s affecting any of the Condominiums shall 2 gd ta be transferred in accordance with g priorities ta the undivided interest of in the Project; and

t previously owned by such Owner 7 e mon Elements; (c) s affecting any of the Condominiums shall 2 gd ta be transferred in accordance with g priorities ta the undivided interest of in the Project; and (ad) the Project shall be subject to an action for tition at the suit of any Owner, in which event the net proceeds of sale, together with the net proceeds of the insurance on the Project, if any, shall be considered as one fund and shall be divided among all the Owners in proportion to the fractional undivided interest owned by each Owner in the Common Blements, after first paying out of the respective shares of the Owners, to the extent sufficient for the purposes, all indebtedness ‘ Ata.

ae. 1 AN HUE COTE -42secured by liens on the undivided interest in the Project owned by each Owner.

ARTICLE VIII MISCELLANEOUS 8.01. Eminent Domain. The taking of a portion of an Apartment or of the Common Elements by eminent domain shall be deemed te be a casualty, and the awards for such taking shall be deemed to be proceeds from insurance on account of the casualty and shall be deposited with the Insurance Trustee. Even though the awards may be p the Owners, the Owners shall deposit the awards Insurance Trustee; and in the event of fai the discretion of the Board of Director¢ ociation, a special assessment shall be made againg faulting Owner in the amount of his award, @ amount of such award shall be set off against nt ereafter made pay~ or portion thereof is gdemnation or eminent (COS sought to be acquired by a the Mortgagee of such Apartment ely written notice of any such acquisition, and no provision hereof such Mortgagee with respect to the distribution tment of any award or settlement. Subject to dts of Mortgagees under the terms of their mortgages,

tice of any such acquisition, and no provision hereof such Mortgagee with respect to the distribution tment of any award or settlement. Subject to dts of Mortgagees under the terms of their mortgages, the proceeds of the awards shall be distributed or used in the manner heretofore provided for insurance proceeds, except that when the Condominium is not ta be terminated and ene or more Apartments are taken in part, the taking shall have the following effects: (a) If the taking reduces the size of an Apartment and the remaining portion of that Apart~ ment can be made tenantable, the award for the tale we Att BOLVG UST taking of a portion of the Apartment shall be used for the following purposes in the order stated, and the following changes shall be effected in the Condominium: (i) The Apartment shall be made tenantable, and if the cost of such work exceeds the amount of the award, the additional funds shall be assessed against the Owner of the Apartment.

(ii) The balance of the award, if any, shall be distributed to the Owner of the Apartment and to the Mortgaygee of the Apartment, the remittange being payable jointly to such Owner and Mortgade (iii) If there is a balance of the aware tributed to the Apartment Owner and Mortgage share in the Common Elements appurtenant Apartment shall be equitably reduced.

be done by reducing such share b 60, ASE é bears to the market value of tHe Apar immediately prior to the taking, and then tedompufihg the shares of all Owners in the Como percentages of the total by the taking.

purposes in the ord RL be effected in th in t market value of such Apartment ly prior to the taking, shall be paid to of the Apartment and to each Mortgagee ea—Apartment, the remittance being payable (iy to the Owner and Mortgagee.

ted in th in t market value of such Apartment ly prior to the taking, shall be paid to of the Apartment and to each Mortgagee ea—Apartment, the remittance being payable (iy to the Owner and Mortgagee.

(ii) The remaining portion of such Apartment, any, shall become a part of the Common Elements and shall be placed in condition for use by all of the Owners, in the manner approved by the Board of Directors of the Association; previded, however, that if the cust of such work shall exceed the balance of the fund from the award for the taking, such work shall be approved in the manner elgewhere required for further improvement of the Common Elements.

(444) The shares in the Common Elements appurtenant to the Apartment which continue as a part of the Condominium, shall be equitably adjusted to distribute the ownership to the Common Elements among the reduced number of Owners. This shall be done by recomputing the shares of such continuing Owners in the Comtnon Elements as percentages of the total of the shares of such Owners as they exist prior to the adjustmayt.

YU oe Av VIG e714 -Ade {iv) If the amount of the award for taking is not sufficient to pay the market value of the condemned Apartment to the Owner and to restore the remaining portion of the Apartment in con~ dition for use as a part of the Common Elements, the additional funds required for such purposes shall be raised by assessments against all of the Owners who will continue as Owners of Apartments after the changes in the Project effected by the taking. Such assessments shall be made in proportion to the shares of such Owners in the Common Elements after the changes effected by the taking.

(c) If the market value of an Apartment prior to the taking cannot be determined by agreement betwe

ortion to the shares of such Owners in the Common Elements after the changes effected by the taking.

(c) If the market value of an Apartment prior to the taking cannot be determined by agreement betwe its Owner and Mortgagee and the Association with thirty (30) days after notice by any such party Association, except that the arbits appraisers appointed by the ican Arbitration Association who shall base thei é cost of arbitration proceedSsed against all Owners in proportion he Owners in the Common Elements as Prior to the changes effected by the The changes in Apartments, in the Common E ents, in the Ownership of the Common Elements, and n shares of liability for common expenses which are effected by eminent domain, shall be evidenced by an .

amendment of this declaration which need be approved only by a majority of the Board of Directors of the Association.

8,02. Audit. “Any Owner may at any time and at his own expense cause an audit or inspection to be made of the books and records of the Association. Wi ye . FALE SURO OG75 ® eo 8.03. Personal Property The Board or Manager may acquire and hold, for the benefit of the Owners, tangible and intangible personal property and may dispose of the same by sale or otherwise; and the beneficial interest in such personal property shall be owned by the Owners in the same proportion as their respective interests in the Common Elements, and shall not be transferable except with a transfer ef a Condominium. If personal property is for the use of Owners of Condominiums in only one separate portion of the | Project, such personal property shall be owned only hy Owners. A transfer of a Condominium shall transfer transferee ownership of the transferor's benefi : in such personal property. Developer may

e | Project, such personal property shall be owned only hy Owners. A transfer of a Condominium shall transfer transferee ownership of the transferor's benefi : in such personal property. Developer may and deliver a bill of sale to the Associ all items of personal property located or oject and furnished by the Developer which is nded for the common use ahd enjoyment of the Owners &.04. No parssstag as otherwise permitted in Section 7.02, sneer, é De judicial partition of the any person acquiring any any part thereof seek any judicial if any Condominium shall be owned co~tenants, as tenants in common or as joint t wething herein contained shall be deemed to jud¥ceial partition as between such co-tenants, and eof the Project, if any of the following conditions (a) Three (3) years after damage or destruction to the Project which renders a material part thereof unfit for its use prior thereto, the Project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; or Vur babe HOLIG COVE -46~ (b) Except as may be otherwise previded in the Act, three-fourths (3/4ths) or more of the structures in the Project have been destroyed or substantially damaged, and Owners halding in the aggregate more than a fifty percent (50%) interest in the Common Elements are opposed to repair or restoration of the Project; or (c) The Projeet has been in existence in excess of fifty (50) years, is obsolete and uneconomic, and Owners holding in the aggregate more than a fifty percent (50%) interest in the Common Elements a opposed to repair or restoration of the Projee In any event, and notwithstandin he provisions of this Section 8.04, all Mo ages be paid prior to the bringing of any action for nh or the consent ef all Mortgagees must be obtained, and the

he Projee In any event, and notwithstandin he provisions of this Section 8.04, all Mo ages be paid prior to the bringing of any action for nh or the consent ef all Mortgagees must be obtained, and the provisions of the Act with ot o ition shall be strictly complied with.

8.05. &ffect a etation. This Declaration shall run with the ll continue in full force and effect until erminated by a court of competent jurisdiction pur law, (b) there is a total destruction of the Tk Ivf the Project and a determination of the Ownexé ebuild the improvements, or a total aba he Project by the Owners, (c) the Project is dic dartitioned in accordance with the provisions of Se .04 hereof, or (d) the Project is deemed owned in common by the Owners as provided in Section 7,02 hereof, Each purchaser by accepting a deed to a Condominium accepts the interest thereby conveyed subject to all of the provisions of this Declaration and agrees to be hound thereby. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of a condominium townhome project.

Failure to enforce any provision hereof shall not constitute Win, bale BOLO Cad a waiver of the right to enforce said provision or any other provision hereof.

8.06. Amendment. The provisions of this Declara-~ tion may be amended by an instrument in writing signed and acknowledged (i) by Developer alone, prior to recordation of the sale of any Condominium in the Project, or (ii) by the record Owners of a majority of the Condominiums in the Project and by Developer (so long as Developer owns any Condominium in the Project), which amendment shall be e tive upon recordation in the Office of the County Cls e vhs)

of the Condominiums in the Project and by Developer (so long as Developer owns any Condominium in the Project), which amendment shall be e tive upon recordation in the Office of the County Cls e vhs) Dallas County, Texas. In addition, Developer shal right to amend this Declaration without the co Owners if required by any institutional of making a loan secured by an interest as required by the Federal Home L Mort ("FHLMC"), the Federal National Me Association ("FNMA") such amendments shall comp @ applicable rules and C, regulations adopted by F A and VA. No amendment shall, however, centage ownership or the percentage asse wners, or reduce the rights of a holder of a rg de rtgage made in good faith and for value.

Severability. The provisions hereof shall ion thereof shall not affect the validity or enforce~ ability of any other provision hereof.

8.08. Power of Attorney. An irrevocable power of attorney coupled with an interest is granted by the Owners to the Board, acting on behalf of the Association, to the extent of the powers and rights given to the Board by the provisions of this Declaration. We HALE SULVG COTE IN WITNESS WHEREOF, the undersigned has executed this instrument this the Ut aay of Bur , 1980.

Sen NAY Ob _ Hh Gated SPRINGTREE CROSSING JOINT VENTURE BY: THE SPRINGTREE ZIFF GROUP, Venturer Venturer MAN gREVELOPMENT. CORPORATION ¥ President 1 BY: DIMAN £ORPORATIO | By President BY: LACREM, INC.

By 2» Db President BY: mia E. TABAK By WAAL dh Venturer yur. PAN sOAVG UBIO -49/ i My Commigsion Expires: Le THE STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public, in and for said County and State, on this day personally

sOAVG UBIO -49/ i My Commigsion Expires: Le THE STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public, in and for said County and State, on this day personally appeared Robert Jay Button, known to me to be the person whose name is subscribed to the foregoing instrument, as the attorney~inefact of Charles Ziff and acknowledged to me that he subscribed the name of Charles Ziff thereto as principal and general partner of THE SPRINGTREE ZIFF GROUP and his own name as attorney~inefact, and further acknowledged that the same was the act of THE SPRINGTREE ZIFF GROUP, and that he executed the same as the act of such entity for the purposes and‘ tonsideration therein expressed, and in the capacity therein stated, ab day of She segpaancacke ’ we TS ‘ THE STATE OF TEXAS § © COUNTY OF DALLAS § Wg as e, known to me to be the NS E @éd to the foregoing instrument he executed the same for the Y HAND AND SEAL OF OFFICE, this the , 1980, Notary Public in and for Dallas County, Texas yates PAGE Nii'76 380 Pere THE STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the tndersigned authority, on this day personally appeared Joseph Ehrler, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated.

a GIVE UNDER MY HAND AND SEAL OF OFFICE, this the aes day of Ges gceat , 1980.

sat! .

AA a we : a sa cn . Notary ‘ashes in and aa . Dallas County, Te ve 3 fee oe ; -« My Commission Expires: ae a THE STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigaiéed Public, in and for said County and

cn . Notary ‘ashes in and aa . Dallas County, Te ve 3 fee oe ; -« My Commission Expires: ae a THE STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigaiéed Public, in and for said County and appeared Don Mann, Presiden person and officer whose nam instcument and acknowledge of the said DIMAN DEV. LOE) Springtree Joint Ve executed the same ventures for the and in the capac ority, a Notary Z on this day personally pe me to be the ribed to the foregoing at the same was the act RATION, a Texas corporation, DM Venture I, and that he such corporation and joint a consideration therein expressed, stated.

GIVEN, HAND AND SEAL OF OFFICE, this the AGtE day of , 1980, wade eye 5.

‘ae Se Se Qe Notary Public in and for “W; Dallas County, Texas C2 t ion Expires: vee a . Whe PAbe| BUDLT6 C384.

THE STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public, in and for said County and Satate, on this day personally appeared Don Mann, President, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said DIMAN CORPORATION, a Texas corporation, Springtree Joint Venture and The DM Venture I, and that he axecuted the same as the act of such corporation and joint ventures for the purposes and consideration therein expressed, and in the capacity therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 26th day of & _, 1980.

sat ar dolana oe hee THE STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the NC authority, a Notary Public, in and for said State, on this day personally appeared fammenke ; , President, know to me to be the person and of fycé ame is subscribed to the foregoing instrupe was the act of Springtree Join axecuted the sain

id State, on this day personally appeared fammenke ; , President, know to me to be the person and of fycé ame is subscribed to the foregoing instrupe was the act of Springtree Join axecuted the sain ventures for and in the c@ EM, INC., a Texas corporation, aod The DM Venture I, and that he nvcses and consideration therein expressed, therein stated, ?

feeder ho in and for Dallas County, Texas My Commission Expires: He 7 3t- ed ¥ Abe CU8e WA.

HOLT te -52THE STATE OF TEXAS § § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, a Notary Public, in and for said County and State, on this day personally appeared Lawrence E. Tabak, known te me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act as venturer in The DM Venture I, and Springtree Joint Venture and that he executed the same as the act of such entities for the purposes and consideration therein expressed, and in the capacity therein stated.

any i GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2h, day of Chesger ack: , 1980, oe C k nwo ten Be otary Public in 2 Dallas County, as ‘+My Commission Expires: Wi oss PAGE SOUL76 0383 ~59n srg: amines snerwommpeniens Uteenesee mninictnch pe nennemenmnnatneetnts ete erection il EXHIBIT "A" PROPERTY DESCRIPTION Being a tract of land out of the John G, Jackson Survey, Abstract No. 707, the J. M.. Bounds Survey, Abstract No, 168 and the James G. Hustead Survey, Abstract No. 597, Dallas County, Texas, also being Lot 1, Block £/8099 of the Springtree Apartments, an addition to the City of Dallas as replatted in Volume 78227, Page 2925 of the Dallas County Map Records, and also being more particularly described as follows:

/8099 of the Springtree Apartments, an addition to the City of Dallas as replatted in Volume 78227, Page 2925 of the Dallas County Map Records, and also being more particularly described as follows: BEGINNING at a point for corner at the intersection of the Northeast R.O.W.

line (Variable R.O.W.) of L.B.J. Freeway (I.H. 635} and the West R.O.W.

line (Variable R.O.W.) of Audelia Road; THENCE, N 55° 10! S6"' W, along the said Northeast R.O.W. line of L.B.J.

Freeway, a distance of 403.32 feet to a point; THENCE, N 63° 04' 33" W, continuing along the said Northeast R:0.W. line of L.B.J. Freeway, a distance of 23.32 feet to a point for corner; . THENCE, N 26° 55’ 27° BE, a distance of 44.00 feet to a point for corn . THENCE, N 40° 00' 00° E, a distance of 111.05 feet to a point for THENCE, N 50° 00' 00°! W, a distance of 26.00 feet to a point £6 THENCE, N 40° 00' 00" BE, a distance of 56.17 feet to a point ’ THENCE, N 50° 00' 00" W, a distance of 26.53 feet a er; THENCE, S 89° 59' 25" W, a distance of 47.14 fed i : THENCE, N S0° 00' 00" W, a distance of 17. a pdint for corner; THENCE, N 00° 00' 35" W, a distance of 71. et to a point for corner; THENCE, S 89°. 59" 25" W, a distanceaof BAN ta a point for comer; THENCE, N 00° O0' 35'' W, a distance feet to a point for corner; THENCE, N 89° 59' 25" BE, 0 feet to a point for corner; “ THENCE, N 00° 00' 35°? W, THENCE, N 89° 59" 25'' THENCE, N 00° 00" 3 said corner lying 6 R.O.W. line Warigite 3 Q Tve to the right and a.so along said Southwest R.O.W, e, a distance of BS23@ feet to a point.at the end of Bright having a central angle of 7° 51' 06", a radius of a tfngent length of 17.7] feet and a tangent bearing of W, said point also being the beginning of a second curve to 52.83 feet to a point for corner;

having a central angle of 7° 51' 06", a radius of a tfngent length of 17.7] feet and a tangent bearing of W, said point also being the beginning of a second curve to 52.83 feet to a point for corner; nCe Of 40.17 feet to a point ‘for corner; to the right and also lying on the Southwest .W.) of Summertree Lane; THENCE, continuing along said Southwest R.O.W. line of Summertree Lane and also along said second curve to the right, a distance of 98.14 feet to a point at the end of said curve to the right, having a central angle oF 24° 54' 29", a radius of 225.75 feet and a tangent length of 49.86 feet; \ THENCE, N 36° 351 3" W, continuing along said Southwest R.O.W. line of Summertree Lane, a distance of 13.58 feet to a point for comer, said PALE comer lying on the Northwest line of said Springtree Aparthertes” AuE dition; KU176 0384 THENCE, N 53° 14" 29" E, along said Northwest line of the Springtree Apartments Addition, a distance of 157.86 feet to a point; THENCE, N 51° 49' 36" E, continuing along said Northwest line of the Springtree Apartments Addition, a distance of 17.14 feet to a point for - comer; e _.’. THENCE, § 38° 10' 24" E, continuing along said Northwest line of the Springtree Apartments Addition, a distance of 15.00 feet to a point for corner; THENCE, N 51° 49' 36" E, continuing along said Northwest linc of the Springtree Apartments Addition, a distance of 289.26 feet to a point for corner, said corner also lying on the said West R.O.W. line of Audelia Road; .

THENCE, S 08't 04' 09" B, along the said West R.O.W. line of Audelia Road, a distance of 213.98 feet to a point; : : THENCE, S 00° 00' 35" E, continuing along said West R.O.W. line of Avdelia Road, a distance of 882.89 feet to the POINT OF BEGINNING AND CONTAINING

elia Road, a distance of 213.98 feet to a point; : : THENCE, S 00° 00' 35" E, continuing along said West R.O.W. line of Avdelia Road, a distance of 882.89 feet to the POINT OF BEGINNING AND CONTAINING 280,982,817 square feet or 62450 acres of land, more or less.

SAVE AND EXCEPT : That strip of land dedicated to the City of Dallas for the R Sumertree Lane (Variable R.O.W.) containing 23,376.654 sq@ 0.537 acres of land, leaving a net area of 257,606.163 squ: 5.913 acres, more or less.

Wu. ow FAG ROLTG B85 — EXHIBIT "B" PROPERTY DESCRIPTION OF ADDITIONAL PROPERTY Being a tract of land out of the J, M. Bounds Survey, Abstract No. 168 and the James G, Hustead Survey, Abstract No. 597, Dallas County, Texas, also being Lot 2, Block E/8099, of the Springtree "Apartments , an addition to the City of Dallas as replatted in Volume 79227, Pape 2925 of the Dallas County Map Records and being more particularly described as follows: Commencing at the point of intersection of the Northeast R.O.W. line (Variable R.0.W.) of L.B.J. Freesay (1.H. 635) and the West R. O.W. line Wariabie R.O.W.) of Audelia Road; THENCE, N 55° 10' S6" W, along the said Northeast R.0. W, line’ ‘of L.B.J, Freeway, a distance of 403. 32 feet to a point; THENCE, N 63° 04" 33" W, continuing along the said Northeast R.0 of L.B.J. Freeway, a distance of 23.32 feet to the POINT OF B Y THENCE, N 63° 04' 33" W, continuing along the said Northeas¢ of L.B.J. Freeway, a distance of 359.21 feet; THENCE, N 55° 05" 43" W, continuing along the said of L.B.J. Freeway, a distance of 208.53 feet toa corner being the Northwest comer of said Spri THENCE, N 53° 14' 29" BE, along the Northwest Jihe gid Springtree Apartments Addition, a distance of $18.7 et to~a-pOint for corner,

ce of 208.53 feet toa corner being the Northwest comer of said Spri THENCE, N 53° 14' 29" BE, along the Northwest Jihe gid Springtree Apartments Addition, a distance of $18.7 et to~a-pOint for corner, said corner lying on the Southwest R.0.W. (Variable R.O.W.) of Summertree Lane; THENCE, S 36° 45' 31" E, along tKe>, est R.O.W. line of Summertree Lane, a distance of 13.58 feet to i the beginning of a curve to the left; : ‘ THENCE, continuing 2lon : est R.O.W. line of Summertree Lene i 1s a distance of 98.14 feet to a point eft having a central angle of 24° 54' 29", length of 49.86 feet, said point also curve to the left; ' 5 i") Pp = yw o fe 3 > a in fe Fay As 2 at the end of said a radius of 225.75, being the beginning aid second curve to the left having a central ang 2 ius of 258.00 feet and a tangent length of 17.71 feet; ¢ 35" EB, a distance of 86.53 feet to a point for corner; 25"' W, a distance of 40.17 feet to a point for corner; 35" E, a distance of 52.83 feet to a point for corner; THENCE, S 89° 59' 25" W, a distance of 8.00 feet to a point for corner; THENCE, S 00° 00' 35" E, a distance of 69.50 feet to a point for corner; THENCE, N 89° S9' 25" E, Z distance of 15.34 feet to a point for corner; THENCE, $ 00° 00' 35" E, a distance of 71.34 feet to a point for corer; THENCE, S 50° 00' 00" E, a distance of 17.87 feet to a point for comer; THENCE, N 89° 59' 25 E, a distance of 47.14 Feat to a point for corner; THENCE, S 50° 00' 00" E, a distance of 26.53 feet to a point for corner; ‘ mi PALE BIL76 0386 ‘ : me THENCE,-S 40° 00'-00" W, a distance of 56.17 feet to a point for corner; THENCE, $ 50° 00' 00" E, a distance of 26.00 feet to a point for corner; THENCE, $ 40° 00° 00" W, a distance of 117.05 feet to a point for comer;

00" W, a distance of 56.17 feet to a point for corner; THENCE, $ 50° 00' 00" E, a distance of 26.00 feet to a point for corner; THENCE, $ 40° 00° 00" W, a distance of 117.05 feet to a point for comer; THENCE, S 26° S5' 27" W, a distance of 44.00 feet to the POINT OF BRGINNING AND CONTAINING 170,484.489 square feet or 3.914 acres of land, more or less.

& Whi eat PAGE 80176 0387 The Santree pts.

Marel 1 of 1 out of te ney Abstrat illas County les and the toes 6. muted Sarrey, lot 1, Mock 1/5000 city of adlas a te the ball חי rabr 40176 0348 lei: of 1 11 amal 1 3536 1,1 of 111.

ה t: .!יינזיי 1 1 ٠٠٠٠١١٠٢٠ 1 1 1 14: Unofficial Copy ייייייי 11.

1.

POINT OF BEGINNING PHASE II LLI LL 4 S26°55'27" w 44.00 L.B.J. Fwy. (I.H. 635) (VARIABLE 359.21 i R.O.W.)

23 32 4 77 9078 $40° 3 2 ITU MM 2 MMI LL 2 LL3 NN MM 3 MM 4 1 2 BLDG.

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3 4 1 BLOG KK 2 1265627" W 1400 A 1 775076 54000 3 2 359.21 3 2 ל 208 53' 3 BLDGA 3 BLDG 4 3 4 HH 9G7E 2 2 2 1 تاران 1760349 13 MMI KK 4 KH JJ3 JJ 2 1つつ JJ 4 11 3 11 2 H H 2 GG 3 GG 114 11 H4 Unofficial Copy C NN4 MM 3 MM 4 INN 2 004 NN2 NN3: 00 00 2 003 E BLOG 4 2 MM 2 2 41 BLOG NN 4 3 00 9078A 3 925 E ليا 100 550°00 +37 -589°59 254 534 0000551 1.34 PHASE II BLDG GQ GG 4 664 4 3 QQ3 FF2 QQ4 FF 3 RRI RR4 2 3 4 1 F1 000 BLDG RR FF 4 EE 2 3 2 RK 2 EE3 RR 3 ISS 4 BLDG SS4 2 BLOG 3 EE 1 4 SS 3 2 SS2 SS3 1 TTI EF 4 599°59 25 W TT4 EE: 2 DD3 308 BT 4 1 D02 BLDG.TT TT 2 DD1 4 TT 3 DD4 3 2 CC3 003 CC 000035" F 69.50 PHASE LINE PHASE I 4 2 1 3 BLDG. J 2 4 3 BLDG. I 500°00 35°F 52 83 4 689 מי 1 BLDG.UU 2 3 SOO 35" 86.53 3 100 FF 4 ful: ' 50126 300 0 $3 ITTI TT4 TT 2 TT2 TT3 04 UU3 FE4 EF 2 3 Unofficial Copy 4 51 1 2 BLO 3 EE 4 102 A.4°54 225.75 48.4 BLOG OU 3 2 50000 35 86.53 A= 7°51'06"

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20176 6301 200 North 7.4.1 1 Unofficial Copy SPRING TREE ADDITION (REPLAT) V 74227 PG 2925 : 1.

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Phase II as described herein is the same as the Additional Property as defined in Section 2.09 of this Declaration and Master Deed for Springtree Crossing Condominiums PHASE I POINT OF BEGINNING POINT OF COMMENCING J N 55° 10' 56" W 404 42 Unofficial Copy A וזון 1 4 Gi 3 t1.

i RNG 3 te 1.

PELTOINE M 1 11 کر 5'27"W 4.00 1 4 BLDG LL 3 2 11.05 2 3 2 BLDG. P 2 MM 4 • 9078 3.00.00.000 26.00 3 WatDG 4 3 1534 -$89°59′25 $99°59 m 66 3 500°00'35" 71.34 PHASE II $00°00′35"!

69.50 PHASE LINE 50000 31 4 PHASE I 3 BLDG.UU 2 4 3 BLDG. J 4 3 2 1 2 1 BLDG K BLDG 2 !

3 4 N8 9959 255 474 87 $50°000" $40°00'000 W 56.17 20 P4 PI 02 03 04 4 3 BLDG..

4 4.

> RAS V2 2:3 10 W4 550°00005 26 53 2.4 42 2 K3 4 } 1.4 BLDG. L 1.

3 2 L. 2 L. 3 34 L 121 4 2 4 4 ALOG G BLOGN BLDG.M 3 3 2 63 3 2 381 363 19 Unofficial Copy N4 W2 W3 2 16. V 3 1 2 BLDG W 4 3 IX 2.

zz 4 1 22 Z3 Y BLOG Z 4 3 4 223 882.89 AUDELIA 4 1 2 i BLDC SR 2 BLDG AA 4 4 3 3 ROAD 5 1.1 FAGI 6660 9515 f is 3 1714 A 4 S 38° Unofficial Copy 28026 10: 个 23 98' Coc engint !

1024" E 15.00' 1 τ tot doner: 14 are o Phase II as described herein is the same as the Additional Property as defined in Section 2.09 of this Declaration and Master Deed for Springtree Crossing Condominiums 1936 E 289.26.

2 3 BLDG B 4 CONDOMINIUM (PILAT

scribed herein is the same as the Additional Property as defined in Section 2.09 of this Declaration and Master Deed for Springtree Crossing Condominiums 1936 E 289.26.

2 3 BLDG B 4 CONDOMINIUM (PILAT FOR SPRINGTREE CROSSING JONT VENTURE Unofficial Copy 213.98' "C" Page 1 of 5 REVISEC 821-40 Vili ات L 40176 0306 COOK CONSULTANTS, INC.

planners surveyors engineers 0919 000 cena expre 06 2110066120 job 78212 byDH date8/15/80 chk.KEM sht.

of EXHIBIT "C" FLOOR PLAN TYPE A-1 890 S.F.

(APPRX.)

17-0 BEDROOM 12-0x12.0 23-0 ΒΑΓΚ t NAVOI 8-414 21-4 Unofficial Copy 12-0 DINING 8.8x100 KITCHEN STOR FP LIVING 120xk4" UP ۱۷ POWDER 1 21-4 COURT 23-0 !

vui.

1960 80176 0306 Page 2 of 5 PLAN A1 1 BEDROOM STUDY annbor EXHIBIT "C" FLOOR PLAN TYPE B-1 972 S.F.

(APPRX.)

24-4" 1 15-4 11-8 BEDROOM 2 110114" DOWN BENROOM 26"x14" 27-0 Unofficial Copy 24-4" 12-8" UP LIVING 13-4x15-4" n 日 KITCHEN JER 00 KOC OC P 27-0" 13-0 STOR COURT DINING 8-8x11-4 11-8 12-8 0176 0307 PLAN B1 Page 3 of 5 2 BEDROOM EXHIBIT "C" FLOOR PLAN TYPE B-2 1,054 S.F.

(APPRX.)

25-8 MATH 2 איאן BEDROOM 2 11-811-0 L X 이 BATIL Unofficial Copy POWDER LIVING 15.4 da 9-8 188 P 1) KITCHEN DINING 9-49-4 W ヤーの 17-8 22-4" $108 COURT 100-0 9-8 25-8 440176 0308 Page 4 of 5 PLAN B2 2 BEDROOM.

EXHIBIT "C" FLOOR PLAN TYPE C-1 1,255 S.F.

(APPRX.)

25-0 i 8-11 BATH 2 1 BEDROOM 2 11-0x 12.4 DOWN L Unofficial Copy 6-0 16-8" 13-4 COURT 12-4" FP 12-0 00 으응 KITCHEN LIVING 15-813-8 U BEDROOM 11-814-8 POWDER ۱۷ 36-0 Mili 105 50176 0309 Page 55 17-8 PLAN C1 3 BEDROOM EXHIBIT "D" PERCENTAGE OWNERSHIP INTEREST IN THE COMMON ELEMENTS Apartment Address Type Individual Approximate Percentage Square Parking Space Interest Footage A-1 101 B-2 .92 1,054 A-1 A-2 102 B-2 .92 1,054 A-2 A-3 103 B-2 .92 A-4 1,054 A-3 104 B-2 .92 1,054 A-4 B-1 105 C-1 .98 1,255

pe Individual Approximate Percentage Square Parking Space Interest Footage A-1 101 B-2 .92 1,054 A-1 A-2 102 B-2 .92 1,054 A-2 A-3 103 B-2 .92 A-4 1,054 A-3 104 B-2 .92 1,054 A-4 B-1 105 C-1 .98 1,255 B-1 B-2 106 C-1 .98 1,255 B-2 B-3 123 C-1 .98 1,255 B-3 B-4 124 C-1 .98 1,255 B-4 C-1 107 A-1 C-2 108 A-1 C-3 121 A-1 C-4 122 A-1 D-1 109 B-1 D-2 110 B-1 D-3 1.19 B-1 D-4 120 B-1 E-1 111 B-2 E-2 112 B-2 E-3 117 B-2 E-4 118 B-2 F-1 113 B-1 F-2 114 3-1 F-3 115 B-1 F-4 116 B-1 G-1 125 C-1 G-2 126 G-3 129 G-4 130 H-1 127 H-2 128 H-3 131 H-4 132 B-1 I-1 A-1 I-2 A-1 1-3 A-1 1-4 A-1 J-1 135 B-1 J-2 136 B-1 J-3 139 B-1 J-4 140 13-1 Unofficial copy .82 890 .82 890 .82 890 .82 890 .86 972 .86 972 .86 D-3 .86 D-4 .92 E-1 .92 E-2 .92 E-3 .92 E-4 972 F-1 972 F-2 972 F-3 972 F-4 1,255 G-1 1,255 G-2 98 1,255 G-3 .98 1,255 G-4 .86 972 H-1 86 972 H-2 .86 972 H-3 .8G 972 H-4 .82 890 I-1 .82 890 1-2 .82 890 1-3 ,82 890 I4 .86 972 J-1 .86 972 J-2 .86 972 J-3 .86 972 J-4 K-1 141 C-1 ,98 1,255 K-1 K-2 142 C-1 .98 1,255 K-3 K-2 143 C-1 .98 1,255 K-4 K-3 144 C-1 .98 1,255 K-4 Vui 10176 0100 Page 1 of 3 Apartment Address EXHIBIT "D" PERCENTAGE OWNERSHIP INTEREST IN THE COMMON ELEMENTS Type Individual Approximate Percentage Square Parking Space Interest Footage L-1 145 A-1 .82 890 L-1 L-2 146 A-1 .82 890 L-2 L-3 151 A-1 .82 890 L-3 I4 152 A-1 .82 890 L-4 M-1 147 B-2 .92 972 M-1 M-2 148 B-2 M-3 149 B-2 M-4 150 B-2 N-1 153 B-1 N-2 154 B-1 N-3 1.55 B-1 N-4 156 B-1 0-1 157 C-1 0-2 158 C-1 0-3 167 C-1 0-4 168 C-1 P-1 159 A-1 P-2 160 A-1 P-3 165 A-1 P-4 166 A-1 Q-1 161 A-1 Q-2 162 A-1 Q-3 163 A-1 Q-4 164 A-1 R-1 169 R-2 170 R-3 175 R-4 176 S-1 171 S-2 172 S-3 173 S-4 B-1 T-1 A-1 T-2 A-1 T-3 A-1 A-1 U-1 179 C-1 U-2 180 C-1 U-3 209 C-1 Unofficial Copy .92 972 M-2 .92 972 .92 972 .86 972 .86 972

Q-4 164 A-1 R-1 169 R-2 170 R-3 175 R-4 176 S-1 171 S-2 172 S-3 173 S-4 B-1 T-1 A-1 T-2 A-1 T-3 A-1 A-1 U-1 179 C-1 U-2 180 C-1 U-3 209 C-1 Unofficial Copy .92 972 M-2 .92 972 .92 972 .86 972 .86 972 .86 972 .86 972 .98 1,255 0-1 .98 0-2 .98 0-3 .98 0-4 .82 P-1 .82 P-2 .82 P-3 82 890 P-4 890 Q-1 890 Q-2 890 Q-3 890 Q-4 1,054 R-1 92 1,054 R-2 .92 1,054 R-3 .92 1,054 R-4 .86 972 S-1 .86 972 S-2 .86 972 S-3 .86 972 S-4 .82 890 T-1 82 890 T-2 82 890 T-3 82 890 T-4 .98 1,255 U-1 .98 1,255 U-2 .98 1,255 U-4 210 U-3 C-1 .98 1,255 U-4 V-1 181 A-1 .82 890 V-2 182 V-1 A-1 .82 890 V-3 207 V-2 A-1 .82 890 V-4 208 A-1 V-3 82 890 V-4 Visi.

Page 2 of 3 401760011 "כן" EXHIBIT Apartment Address PERCENTAGE OWNERSHIP INTEREST IN THE COMMON ELEMENTS Type Individual Percentage Interest Approximate Square Parking Space Footage W-1 183 B-2 ,92 1,054 W-1 W-2 184 B-2 .92 1,054 W-2 W-3 205 B-2 .92 W-4 1,054 W-3 206 B-2 .92 1,054 W-4 X-1 185 13-2 ,92 1,054 X-1 X-2 1.86 B-2 .92 1,054 X-2 X-3 203 B-2 .92 X-4 204 B-2 .92 Y-1 187 B-1 .86 Y-2 1.88 B-1 .86 Y-3 201 B-1 .86 Y-4 202 R-1 .86 2-1 189 B-2 .92 2-2 190 B-2 .92 2-3 199 B-2 .92 2-4 200 B-2 .92 AA-1 191 B-2 .92 AA-2 192 B-2 .92 AA-3 197 B-2 .92 AA-4 198 B-2 BB-1 193 C-1 BB-2 194 C-1 BB-3 195 BB-4 196 Unofficial Copy 1,054 X-3 1,054 972 972 972 972 1,054 2-2 2-3 2-4 AA-1 AA-2 ΑΛ-3 AA-4 1,255 BB-1 1,255 BB-2 1,255 BB-3 1,255 BB-4 Page 3 of 3 TA 50126 0102 Apartment Address EXHIBIT "E" PERCENTAGE OWNERSHIP INTEREST IN THE COMMON ELEMENTS In the Event Additional Property Is Added to the Project Type Individual Percentage Square Approximate Parking Space Interest Footage A-1 101 B-2 .537 A-2 102 B-2 .537 A-3 103 B-2 .537 A-4 104 B-2 .537 B-1 105 C-] .5887 B-2 106 C-1 .5887 B-3 123 C-1 .5887 B-4 124 C-1 .5887 C-1 107 A-1 495 C-2 108 A-1 .495 C-3 121

ce Interest Footage A-1 101 B-2 .537 A-2 102 B-2 .537 A-3 103 B-2 .537 A-4 104 B-2 .537 B-1 105 C-] .5887 B-2 106 C-1 .5887 B-3 123 C-1 .5887 B-4 124 C-1 .5887 C-1 107 A-1 495 C-2 108 A-1 .495 C-3 121 A-1 495 C-4 122 A-1 495 D-1 109 B-1 516 D-2 110 B-1 D-3 119 B1 D-4 120 B-1 E-1 111 B2 E-2 112 E-3 117 E-4 118 .537 F-1 113 .516 F-2 114 .516 F-3 115 1 ,516 F-4 116 R-1 ,516 G-1 C-1 .5887 G-2 C-1 .5887 G-3 C-1 .5887 G-4 C-1 .5887 H-1 X27 B-1 ,516 H-2 128 3-1 ,516 H-3 131 8-1 .516 Unofficial copy 1,054 1,054 1,054 1,054 B-4 C-1 C-2 C-3 C-4 972 D-1 972 D-2 972 D-3 972 D-4 1,054 E-1 1,054 E-2 1,054 E-3 1,054 E-4 972 F-1 972 F-2 972 F-3 972 F-4 1,255 G-1 1,255 G-2 1,255 G-3 1,255 G-4 972 H-1 972 H-2 972 H-3 H-4 132 R-1 ,516 972 H-4 1-1 133 A-1 495 890 1-1 1-2 134 ۸-۱ .495 890 1-2 1-3 137 A-1 .495 890 1-3 I-4 138 A-1 .495 890 1-4 J-1 135 R-3 ,516 972 J-1 J-2 136 B-1 .516 972 J-2 J-3 139 R-1 .516 972 J-3 J-4 140 R-] 516 972 J-4 K-1 141 C-1 .5887 1,255 К-1 K-2 142 C-1 .5887 1,255 K-3 143 C-1 .5887 1255 K-2 K-4 144 C-1 .5887 1,2551260103 K-4 К-3 Page 1 of 5 EXHIBIT "E" PERCENTAGE OWNERSHIP INTEREST IN THE COMMON ELEMENTS In the Event Additional Property Is Added to the Project Apartment Address Type Individual Approximate Percentage Square Parking Space Interest Footage L-1 145 A-1 495 L-2 146 A-1 ,495 L-3 151 A-1 ,495 L-4 152 A-1 495 M-1 147 B-2 .537 537 M-2 148 B-2 M-3 149 B-2 .537 .537 M-4 150 B-2 N-1 153 B-1 ,516 N-2 154 B-1 .516 N-3 155 B-1 .516 N-4 156 B-1 0-1 157 C-1 0-2 158 C-1 0-3 167 C-1 0-4 168 C-1 P-1 159 P-2 160 P-3 165 P-4 166 0-1 161 495 Q-2 162 .495 Q-3 .495 Q-4 .495 R-1 .537 R-2 .537 R-3 B-2 .537 R-4 B-2 .537 S-1 B-1 S-2 B-1 .516 S-3 B-1 S-4 174 B-1 T-1 177 A-1 ,495 Unofficial Copy 890 890 890 890 972 N-1 N-2 N-3 .516.

N-4 0-1 0-2 0-3 0-4 890 P-1 890 P-2 890 P-3

R-1 .537 R-2 .537 R-3 B-2 .537 R-4 B-2 .537 S-1 B-1 S-2 B-1 .516 S-3 B-1 S-4 174 B-1 T-1 177 A-1 ,495 Unofficial Copy 890 890 890 890 972 N-1 N-2 N-3 .516.

N-4 0-1 0-2 0-3 0-4 890 P-1 890 P-2 890 P-3 890 P-4 890 Q-1 890 Q-2 890 Q-3 890 0-4 1,054 R-1 1,054 R-2 1,054 R-3 1,054 R-4 516 972 S-1 972 S-2 516 972 S-3 516 972 S-4 890 T-1 T-2 178 A-1 .495 890 T-2 T-3 211 A-1 .495 890 T-3 T-4 212 A-1 .495 890 T-4 U-1 179 C-1 .5887 1,255 1-ט U-2 180 C-1 .5887 1,255 U-2 U-3 209 C-1 .5887 1,255 0-3 U-4 210 C-1 5887 + 1,255 0-4 V-1 181 A-1 .495 890 V-1 V-2 182 A-1 .495 890 V-2 V-3 207 A-1 .495 890 V-3 V-4 208 A-1 495 890 11 V-4 Page 2 of 5 50176 0404 Apartment Address EXHIBIT "E" PERCENTAGE OWNERSHIP INTEREST IN THE COMMON ELEMENTS In the Event Additional Property Is Added to the Project Type Individual Percentage Square Approximate Parking Space Interest Footage W-1 183 B-2 ,537 W-2 184 B-2 W-3 205 B-2 .537 W-4 206 B-2 .537 X-1 185 B-2 .537 X-2 186 B-2 .537 X-3 203 B-2 .537 X-4 204 B-2 .537 Y-1 187 B-1 Y-2 188 B-1 Y-3 201 B-1 Y-4 202 B-1 2-1 189 B-2 2-2 190 B-2 2-3 199 B-2 2-4 200 B-2 AA-1 191 AA-2 192 AA-3 197 AA-4 198 BB-1 193 BB-2 194 BB-3 BB-4 CC-1 CC-2 B-1 CC-3 B-1 CC-4 B-1 DD-1 A-1 .495 DD-2 A-1 .495 DD-3 A-1 .495 DD-4 220 A-1 .495 Unofficial Copy 1,054 W-1 .537 1,054 1,054 1,054 1,054 1,054 1,054 1,054 .516 Y-1 .516 Y-2 ,516 Y-3 ,516 Y-4 2-1 2-2 1,054 2-3 1,054 2-4 1,054 AA-1 1,054 AA-2 1,054 AA-3 1,054 AA-4 .5887 1,255 BB-1 .5887 1,255 BB-2 .5887 1,255 BB-3 .5887 1,255 BB-4 .516 972 CC-1 .516 972 CC-2 516 972 CC-3 .516 972 CC-4 890 DD-1 890 DD-2 890 DD-3 890 DD-4 EE-1 221 C-1 .5887 1,255 EE-1 EE-2 222 C-1 .5887 1,255 EE-2 EE-3 223 C-1 ,5887.

1,255 EE-3 EE-4 224 C-1 .5887 1,255 EE-4 : FF-1 225 A-1 .495 890 FF-1 FF-2 226 A-1 .495 890 FF-2 FF-3 227 A-1 .495 890 FF-3 FF-4 228

.5887 1,255 EE-1 EE-2 222 C-1 .5887 1,255 EE-2 EE-3 223 C-1 ,5887.

1,255 EE-3 EE-4 224 C-1 .5887 1,255 EE-4 : FF-1 225 A-1 .495 890 FF-1 FF-2 226 A-1 .495 890 FF-2 FF-3 227 A-1 .495 890 FF-3 FF-4 228 A-1 495 890 FF-4 GG-1 229 C-1 .5887 1,255 GG-1 GG-2 230 C-1 .5887 1,255 GG-2 GG-3 231 C-1 .5887 1,255 GG-3 GG-4 232 C-1 .5887 1,255 GG-4 ٧١٠ )راد Page 3 of 5 40176 0 Apartment Address EXHIBIT "E" PERCENTAGE OWNERSHIP INTEREST IN THE COMMON ELEMENTS In the Event Additional Property Is Added to the Project Individual Approximate Parking Space Percentage Square Type Interest Footage HH-1 233 A-1 .495 HH-2 234 A-1 .495 HH-3 235 A-1 .495 HH-4 236 A-1 .495 II-1 237 B-2 .537 11-2 238 B-2 537 11-3 239 B-2 .537 11-4 240 B-2 .537 JJ-1 241 A-1 .495 JJ-2 242 A-1 495 JJ-3 243 A-1 JJ-4 244 A-1 KK-1 245 B-2 KK-2 246 B-2 KK-3 247 B-2 KK-4 248 LL-1 249 LL-2 250 LL-3 251 LL-4 252 MM-1 253 MM-2 254 MM-3 MM-4 NN-1 NN-2 NN-3 NN-4 00-1 B-1 .516 00-2 B-1 .516 00-3 B-1 516 00-4 B-1 .516 PP-1 265 B-2 .537 Unofficial Copy 890 890 890 890 1,054 1,054 1,054 1,255 MM-1 1,255 MM-2 1,255 MM-3 1,255 MM-4 890 NN-1 890 NN-2 890 NN-3 890 NN-4 972 00-1 972 00-2 972 00-3 972 00-4 1,054 PP-1 PP-2 266 B-2 .537 1,054 PP-2 PP-3 267 B-2 .537 1,054 PP-3 PP-4 268 B-2 .537 1,054 PP-4 Page 4 of 5 ٢١١٠ اران 50126 0106 Apartment Address EXHIBIT "E" PERCENTAGE OWNERSHIP INTEREST IN THE COMMON ELEMENTS In the Event Additional Property Is Added to the Project Type Individual Percentage Square Approximate Parking Space Interest Footage 00-1 269 A-1 .495 890 QQ-2 270 A-1 .495 890 QQ-3 271 A-1 .495 QQ-4 272 A-1 RR-1 273 B-2 RR-2 274 B-2 RR-3 275 B-2 RR-4 276 B-2 SS-1 277 C-1 SS-2 278 C-1 SS-3 279 C-1 SS-4 280 C-1 TT-1 281 B-2 TT-2 282 B-2 TT-3 283 B-2 TT-4 284 B-2 UU-1 285 B-1 UU-2 286 B-1 UU-3 287 UU-4 288 Unofficial cop 890

274 B-2 RR-3 275 B-2 RR-4 276 B-2 SS-1 277 C-1 SS-2 278 C-1 SS-3 279 C-1 SS-4 280 C-1 TT-1 281 B-2 TT-2 282 B-2 TT-3 283 B-2 TT-4 284 B-2 UU-1 285 B-1 UU-2 286 B-1 UU-3 287 UU-4 288 Unofficial cop 890 .495 890 00-4 537 1,054 .537 1,054 .537 1,054 ,537 1,054 .5887 .5887 5887 .5887 .537 1,054 1,054 1,054 972 972 972 9.7.2 UU-4 Page 5 of 5 PALE 01761107