ASADP.GOV.xx. .CCRs · Steeplechase at Davenport Homeowners' Association, Inc.

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FILM CODE 00005284455 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS.

FOR STEEPLECHASE GARDENHOMES Revised 1995 REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS 12434 0009 January 31, 1995 TABLE OF CONTENTS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR STEEPLECHASE GARDENHOMES - REVISED 1995.

Article I. Definitions and Terms Section 1.1 Definitions and terms.

Article II. Unit Designation and Descriptions Section 2.1 Recordation of plat Section 2.2 Designation of units.

Section 2.3 Limited common elements.

Section 2.4 Section 2.5 Section 2.6 Section 2.7 Section 2.8 Section 2.9 Regulation of common areas.

Inseparable units Descriptions.

Encroachments and easements.

Governmental assessment ....

Use and occupancy restrictions.

a..

Residential purposes.

Common elements..

Prohibited uses Article III. Rights and Obligations of Ownership Section 3.1 Ownership Section 3.2 Partition Section 3.3 Exclusiveness of ownership..

Section 3.4 One-family residential dwelling Section 3.5 Mechanic's and materialman's liens.

Section 3.6 Right of entry Section 3.7 Maintenance.

Maintenance by owner Section 3.8 b. Maintenance by association Alteration a. By owners.

b. By declarant Section 3.9 Restriction of ownership.

Section 3.10 Liability for negligent acts.....

Section 3.11 Subject to declaration and by-laws Section 4.1 Section 4.2 By-laws a...

Late charges.....

Article IV. Management and Administration Administration and enforcement of declaration, bylaws and rules.

Rules and regulation authority.

Returned check charges d.

Nonassessment items first.

Suspension of voting rights..

Suspension of common area rights.....…………………….

Fines Steeplechase Declaration - Revised 1995 REAL PROPERTY RECORDS TRAVIS COUNTY TEXAS 12436 Page .7 7 7 .7 7: 10 .10° 10 10°

Pages 2–3

n of voting rights..

Suspension of common area rights.....…………………….

Fines Steeplechase Declaration - Revised 1995 REAL PROPERTY RECORDS TRAVIS COUNTY TEXAS 12436 Page .7 7 7 .7 7: 10 .10° 10 10° 10 10 10 11 · 11 11 11' 113 11.

11 11: 12.

12.

12 12.

12° 12.

12 12 January 31, 1995 n.

Change of address.

Names and addresses of tenants r.

Lien of the association S.

Lien of other owners L Abandonment of unit by owner U.

Tenants may pay.

Leasing.

Interest...

k m.

Fees for special services.

Parking limitations Pets Publication of delinquencies Name and address of new owners.

13 13 13 13 13 13 13 13 13 13 13 14 Section 4.3 Venue and lawsuit authority.

Attorney's fees Association entry.

Notices to multiple owners, tenant, mortgagees.

Membership and voting 14 14 14 a.

Membership b.

Voting.

Section 4.4 Insurance a.

Fidelity bond e.

Unit owners insurance.

Section 4.5 Accounting and audit.

15 15 Fire and extended coverage for general common elements Fire and extended coverage for the units and appurtenant common elements.

Liability insurance ...

15 15 15 16 16 16 Article V. Maintenance Assessments Section 5.1 Section 5.2 Purpose of assessments Section 5.3 Section 5.4 Utilities Section 5.5 Section 5.6 Section 5.7 Section 5.8 Section 5.9 a.

Assessments for common expenses Determination of assessments.

Monthly assessments.......

Special assessments for improvements Commencement of assessments ……………… No exemption Association lien Lien Foreclosure c.

Personal liability.

Vendor's lien.

Payment by inferior lienholders Section 5.10 Subordination of the lien to mortgages.

Section 5.11 Resale certificates Section 5.12 Financing of purchase of unit by association...

Article VI. Destruction or Obsolescence of Improvements

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ction 5.10 Subordination of the lien to mortgages.

Section 5.11 Resale certificates Section 5.12 Financing of purchase of unit by association...

Article VI. Destruction or Obsolescence of Improvements Section 6.1 Destruction or obsolescence a.

Association as attorney in fact b.

Reconstruction procedures.

Section 6.2 Section 6.3 Judicial partition…………………………………….

Condemnation Steeplechase Declaration - Revised 1995 2 REAL PROPERTY RECORDS TRAVIS COUNTY TEXAS 124347 ՌՈՒ 16 16.

16 17° 17 17 17 .17 18 18 18.

18 18 18 18 18 19 19 19 19 P 21 January 31, 1995 Section 7.1 Mortgage priorities..

Section 7.2 Notice to association.

Section 7.3 Section 7.4 Section 7.5 Reserve fund Section 7.6 Section 7.7 Notice of meetings.

Section 7.8 Notice of damage or destruction.

Section 7.9 Management agreements Section 7.10 Taxes, assessments and charges.

Article VII. Protection of Mortgagee Notice of default; lapse in insurance.

Examination of books Financial statements.

.22 22 22 22 22 …………..23 23 Article VIII. Miscellaneous Provisions Section 8.1 Amendments to declaration Section 8.2 Reservation of variance.

22 23 23 Section 8.3 Dimensions Section 8.4 Change in documents Section 8.5 Section 8.6 Liability of board members.

Indemnity 24 ...24.

24 Section 8.7 Notice.

24 GO T Section 8.8 Conflict between declaration and by-laws..

* 24 Section 8.9 Invalidation of parts Section 8.10 Omissions.

24 Section 8.11 Governing law ………………..

24 Section 8.12 Consent and subordination of mortgagee 24 Exhibit A Legal Description of the Property Exhibit B Site Plan of the Property Exhibit C Ownership Percentages.

.26 .27 .45 227 Steeplechase Declaration - Revised 1995 3 REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS January 31, 1995 0015

Property Exhibit B Site Plan of the Property Exhibit C Ownership Percentages.

.26 .27 .45 227 Steeplechase Declaration - Revised 1995 3 REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS January 31, 1995 0015 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR STEEPLECHASE GARDENHOMES - REVISED 1995 This Declaration of Covenants, Conditions, and Restrictions for Steeplechase Gardenhomes - Revised 1995 is an amendment which revises the entire declaration recorded in Vol. 9561, Page 5, Real Property Records of Travis County, Texas. The property subject to this declaration is described in attached Exhibit A. The property, when fully developed, shall consist of 25 gardenhomes, locally known as "Steeplechase". The mortgage(s) subordinated in the declaration described in Vol. 9561, Page 5, Real Property Records shall continue to be subordinated to this revised declaration.

1.1 ARTICLE 1. DEFINITIONS AND TERMS DEFINITIONS OF TERMS. As used in this agreement, the following terms shall have the following meanings unless the context shall expressly provide otherwise: a.

corporation.

"Association" shall mean "Steeplechase Gardenhome Owners Association, Inc.", a Texas non-profit "Board" or "Board of Directors" shall refer to the Board of Directors of the Association.

"Common Assessment" means the charge against each Unit Owner and his Unit, representing a portion of the total costs to the Association of maintaining, improving, repairing, replacing, managing and operating the Property, which are to be paid uniformly and equally by each Unit Owner of the Association, as provided herein.

This shall also include charges assessed against each Unit Owner to maintain a reserve for replacement fund and to

paid uniformly and equally by each Unit Owner of the Association, as provided herein.

This shall also include charges assessed against each Unit Owner to maintain a reserve for replacement fund and to cover costs incurred by the Association to participate in any condemnation suit, as provided in Paragraph 6.3 hereof.

d. "Common Elements" means and includes all the Property described in Exhibit "A," and all of the improvements thereto and thereon located, excepting all Units. Common Elements shall consist of the General Common Elements and the Limited Common Elements.

Directors; e. "Common Expenses" means and includes: (1) All sums lawfully assessed against the Common Elements by the Managing Agent or Board of (2) All expenses of administration and management, maintenance, operation, repair or replacement of and addition to the General Common Elements (including unpaid special assessments); f.

(3) Expenses agreed upon as Common Expenses by the Unit Owners; and (4) Expenses declared to be Common Expenses by provisions of Declaration or by the By-Laws.

"Completed Unit" means a completely finished Unit, including, but not limited to, the installation of all appliances and utilities, rendering it ready for occupancy by an Owner other than the Declarant.

g. "Construction Period" means that period of time during which Declarant is developing the Premises and selling the Units, which time period shall extend from the date hereof until such time as the Declarant transfers title to all of the Units.

h. "Declarant" shall mean the company or individual which is the successor to the original developer, Bailey Builders, Inc., or its successors or assigns, who is developing the Property, such successor being KLK Construction, Inc., a Texas corporation.

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which is the successor to the original developer, Bailey Builders, Inc., or its successors or assigns, who is developing the Property, such successor being KLK Construction, Inc., a Texas corporation.

Steeplechase Declaration - Revised 1995 REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS January 31, 1995 17434 0013 j.

"Declaration" shall mean this Declaration instrument.

"First Mortgagee" shall mean the holder of a recorded first lien purchase-money mortgage or initial construction mortgage on a Unit.

k "General Common Elements" means a part of the Common Elements and includes: (1) The real property described in Exhibit "A" attached hereto; (2) The yards and gardens not specifically designated as a limited common element for a designated Unit, fences, streets, service drives, service easements and recreation areas, if any; (3) The compartments or installations consisting of the equipment and materials making up central services such as power, light, gas, water, and the like; pumps, motors, fans, compressors, ducts, mail center and in general all apparatus and installations existing for the common use and enjoyment of the premises and necessary for the common use and maintenance of the Property; 1.

(4) Parking spaces and areas, but not the driveways serving each Unit; "Limited Common Elements" means and includes those Common Elements which are reserved for the exclusive use of an individual Owner of a Unit or a certain number of individual Owners of Units, for the exclusive use of those Owners, as appurtenant limited common elements which may include: m.

Unit Owner.

(1) the front yards (but not driveways) for each Unit, and (2) the back and side yards for each Unit.

"Majority of Unit Owners" means those Owners with more than 50% of the votes entitled to be cast.

(1) the front yards (but not driveways) for each Unit, and (2) the back and side yards for each Unit.

"Majority of Unit Owners" means those Owners with more than 50% of the votes entitled to be cast.

"Occupant" means a person or persons in possession of a Unit, regardless of whether said person is a "Owner" means a person, firm, corporation, partnership, association, trust or other legal entity or any combination thereof, who owns, of record, title to one or more Units.

p. "Plat," "Survey Map," "Map" and "Plans" mean or include the engineering survey of the land, locating thereon all of the improvements, the floor and elevation plans and any other drawing or diagrammatic plan depicting a part of, or all of, the improvements, same being herewith filed, consisting of 12 sheets, labeled Exhibit "B" and incorporated herein by reference for all purposes.

"Premises," "Project," or "Property" means and includes the land, the Buildings and all improvements and structures thereon and all rights, easements and appurtenances belonging thereto.

I. "Unit" shall mean the elements of an individual Unit, which constitute an individual gardenhome, described below. The boundaries of each such Unit shall be and are the exterior surfaces of the perimeter walls, foundations, roofs, porches, stoops, decks, patios, garages, driveways, floors, ceilings, window frames, doors, door frames, and trim; and the space includes both the portions of the building so described and the air space so encompassed. A Unit also includes all improvements in the back yard or side yard of the Unit, installation of which has been approved by the Board of Directors. The existing physical boundaries of the Unit reconstructed in

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so includes all improvements in the back yard or side yard of the Unit, installation of which has been approved by the Board of Directors. The existing physical boundaries of the Unit reconstructed in substantial accordance with original plans thereof shall be conclusively presumed to be its boundaries, regardless of settling, rising or lateral movement of the Unit and regardless of variances between boundaries shown on the Plat of those of the Unit.

The individual ownership of each Unit space herein defined shall further include the interior construction, partitions, appliances, fixtures and improvements which are intended to exclusively serve such Unit space, such as interior room walls, floor coverings, or finish, closets, cabinets, shelving, individual bathroom and kitchen fixtures, plumbing and appliances, garage, garage door opener, individual lighting and electrical fixtures and other separate Steeplechase Declaration - Revised 1995 REAL PROPERTY RECORDS TRAVIS CUENTY, TEXAS: January 31, 1995 12434 0014 W items or chattels belonging exclusively to such Unit, any of which may be removed, replaced, disposed of or otherwise treated without affecting any other Unit space or ownership, use or enjoyment thereof. None of the land in this Project on which any Unit is located shall be separately owned, as all land in this project shall constitute part of the "Common Elements" of the Property as herein defined, and shall be owned in common by the Owners of the Units in this Project.

ARTICLE II. UNIT DESIGNATIONS AND DESCRIPTIONS 2.1 RECORDATION OF PLAT. The Plat shall be filed for record simultaneously with the recording of this Declaration as a part hereof. Such Plat consists of and sets forth: 2.

The legal description of the surface of the land;

The Plat shall be filed for record simultaneously with the recording of this Declaration as a part hereof. Such Plat consists of and sets forth: 2.

The legal description of the surface of the land; The linear measurements and location, with reference to the exterior boundaries of the land, of the Buildings and all other improvements constructed, or to be constructed, on said land by Declarant; C. Floor plans and elevation plans of each Buildings constructed, or to be constructed showing the exterior boundaries and number of each Unit, expressing its square footage, and any other data necessary for its identification, which information is depicted by a Plat showing the letter of the Building and the number of the Unit; and d.

2.2 The location of the Limited Common Elements.

DESIGNATION OF UNITS. The Property consists of 25 separately designated Units. Each Unit is in a separate building constructed or to be constructed and is identified by the number on the Plat. The remaining portion of the Premises, referred to as the Common Elements, shall be owned in common by the Owners. The Owners of each Unit shall own an undivided interest in said Common Elements, the percentage or fraction thereof for each Unit being as shown on the attached Exhibit "C."

2.3 LIMITED COMMON ELEMENTS. Portions of the Common Elements are set aside and reserved for the exclusive use of the individual Owners, such areas being Limited Common Elements. Such areas include the areas described in Paragraph 1.1(m) herein. The Limited Common Elements are allocated to the respective Units.

Such Limited Common Elements shall be used in connection with the particular Unit, to the exclusion of the use thereof by the other Owners, except by invitation.

2.4

allocated to the respective Units.

Such Limited Common Elements shall be used in connection with the particular Unit, to the exclusion of the use thereof by the other Owners, except by invitation.

2.4 REGULATION OF COMMON AREAS. Portions of the Common Areas are intended as recreation areas, and are improved with green areas, and other facilities. Reasonable regulations governing the use of such recreational areas by Owners and by their guests and invitees shall be promulgated by the Board of Directors of the Association after the same has been elected. Each Owner shall be required to strictly comply with said Rules and Regulations, and shall be responsible to the Association for the compliance therewith by the members of their respective families, relatives, tenants, contractors, guests or invitees, both minor and adult.

2.5 INSEPARABLE UNITS. Each Unit and its corresponding pro-rata interest in and to the Common Elements appurtenant thereto shall be inseparable and may not be conveyed, leased or encumbered separately, and shall at all times remain indivisible. Any deed, mortgage, or other instrument conveying or encumbering a Unit shall automatically, without mention, include the common elements appurtenant to such Unit.

: 2.6 DESCRIPTIONS. Every deed, lease, mortgage, trust deed or other instrument may legally describe a Unit by its identifying Building letter and Unit number, as shown on the Plat, followed by the words "Steeplechase Gardenhomes" and by reference to this recorded Declaration and Plat. Every such description shall be deemed good and sufficient for all purposes to convey, transfer, encumber or otherwise affect the Common Elements.

2.7 ENCROACHMENTS AND EASEMENTS. If any portion of the Common Elements encroaches

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be deemed good and sufficient for all purposes to convey, transfer, encumber or otherwise affect the Common Elements.

2.7 ENCROACHMENTS AND EASEMENTS. If any portion of the Common Elements encroaches upon a Unit or Units, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. If any portion or portions of a Unit or Units encroach upon the Common Elements, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. A valid easement also exists to that portion of the General Common Elements and of the Limited Common Elements Steeplechase Declaration - Revised 1995 REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS 17434 10015 January 31, 1995 occupied by any part of an Owner's unit not contained within the physical boundaries of such Unit, including, but not limited to, space occupied by heating and air conditioning equipment, utility lines and similar equipment which serves only one Unit. For title or other purposes, such encroachments and easements shall not be considered or determined to be encumbrances either on the Common Elements or individual Units.

2.8 GOVERNMENTAL ASSESSMENT. The Association shall give written notice to the Assessor's Office of the creation of undivided ownership interests in this Property, as is provided by law, so that each Unit and its percentage or fraction of undivided interest in the Common Elements shall be deemed a separate parcel and subject to separate assessment and taxation.

2.9 . USE AND OCCUPANCY RESTRICTIONS.

a. Residential purposes. Subject to the provisions of this Declaration and By-Laws, no part of the Property may be used for purposes other than housing and the related common purposes for which the Property was

tial purposes. Subject to the provisions of this Declaration and By-Laws, no part of the Property may be used for purposes other than housing and the related common purposes for which the Property was designed. Each Unit or any two or more adjoining Units used together shall be used for residential purposes or such other uses permitted by this Declaration, and for no other purposes. The foregoing restrictions as to residence shall.

not, however, be construed in such manner as to prohibit a Unit Owner from: (1) Maintaining his personal professional library; (2) Keeping his personal business or professional records or accounts; or (3) Handling his personal business or professional telephone calls or correspondence, which uses are expressly declared customarily incidental to the principal residential use and not in violation of said restrictions.

b. Common elements. The Common Elements are intended for use for the purposes of affording vehicular and pedestrian movement within the Project, and of providing access to the Units; those portions thereof adapted therefor, for recreational use by the Owners and occupants of Units; and all thereof for the beautification of the Project and for providing privacy for the residents thereof through landscaping and such other means as shall be deemed appropriate. No part of the Common Elements shall be obstructed or damaged so as to interfere with its use for the purposes hereinafter cited, its maintenance and operations, nor shall any part of the Common Elements be used for general storage purposes, except maintenance storage room, nor anything done thereon in any manner which shall increase the rate for hazard and liability insurance covering said area and improvements situated thereon.

urposes, except maintenance storage room, nor anything done thereon in any manner which shall increase the rate for hazard and liability insurance covering said area and improvements situated thereon.

c. Prohibited uses. Without limiting the generality of the foregoing provisions of this Paragraph 2.9, use of the Property by the Unit Owners shall be subject to the following restrictions: (1) Nothing shall be done in any Unit, or in the Common Elements, nor shall same be occupied or used for any purposes nor commodity, product or personal property be kept therein or thereon, which will increase the rate of insurance for the Property without the prior written consent of the Board or shall cause such improvements to be uninsurable against loss by fire or the perils included in an extended coverage endorsement under the rules of the State of Texas Insurance Commission or which might cause or warrant any policy or policies covering said premises to be cancelled or suspended by the issuing company.

(2) No noxious or offensive activity shall be carried on, in or upon the Common Elements, nor shall anything be done therein which may be or become an unreasonable annoyance or a nuisance to any other Unit Owner. No loud noises, noxious odors, immoral or illegal activity shall be permitted on the Property, and the Board shall have the right to determine in accordance with the By-Laws if any such noise, odor or activity constitutes a nuisance.

(3) No structure of a temporary character, trailer, tent, shack, garage, barn or other outbuildings shall be permitted on the Property at any time temporarily or permanently, except with the prior written consent of the Board; provided, however, that temporary structures may be erected for use in connection with the repair or

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roperty at any time temporarily or permanently, except with the prior written consent of the Board; provided, however, that temporary structures may be erected for use in connection with the repair or rebuilding of the Building or any portion thereof.

(4) No animals, livestock, reptiles, or poultry of any kind shall be raised, bred or kept in any Unit or the Common Elements. Dogs, cats, fish, birds and other domestic household pets may be kept in Units subject to rules and regulations adopted by the Association, provided they are not kept, bred or maintained for commercial Steeplechase Declaration - Revised 1995 REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 12434 0016 January 31, 1995 purposes or in unreasonable quantities. The Association, acting through the Board, shall have the right to prohibit maintenance of any animal which constitutes, in the opinion of the Board, a nuisance to any other unit Owner.

Animals belonging to Unit Owners, Occupants or their licensees, tenants or invitees within the Property must be kept either within an enclosure, an enclosed fence or on a leash being held by a person capable of controlling the animal. The enclosure must be so maintained that the animal cannot escape therefrom and shall be subject to the approval of the Board. Should any animals belonging to a Unit Owner be found unattended out of the enclosure and not being held on a leash by a person capable of controlling the animal, such animal may be removed by Declarant (for so long as it has control over the Association) or a person designated by Declarant to do so, and subsequent thereto by the Association or its Managing Agent, to a pound under the jurisdiction of the local municipality in

trol over the Association) or a person designated by Declarant to do so, and subsequent thereto by the Association or its Managing Agent, to a pound under the jurisdiction of the local municipality in which the Property is situated and subject to the laws and rules governing said pound, or to a comparable animal shelter.

Furthermore, any Unit Owner shall be absolutely liable to each and all remaining Unit Owners, their families, guests, tenants and invitees, for any unreasonable noise or damage to person or property caused by any animals brought or kept upon the Property by a Unit Owner or members of his family, his tenants or his guests; and it shall be the absolute duty and responsibility of each such Unit Owner to clean up after such animals which have used any portion of the Common Elements. Notwithstanding the generality of the foregoing, after (i) repeated violations of this provision, (ii) ten days prior written notice to the owner of such pet, and (iii) an opportunity for such owner to have a hearing before the Board, such pet may be taken from such owner and given to the Society for Prevention of Cruelty of Animals, of Travis County, Texas or to a comparable animal shelter.

(5) Subject to Declarant's rights under Paragraph 2.9c (19) (d) of this Declaration, no sign, advertisement, or poster of any kind shall be displayed to the public view on or from any Unit or Common Elements without the prior written consent of the Board or the written consent of the Managing Agent acting in accord with the Board's direction; (6) No Unit Owner shall park, store or keep any vehicle, except wholly within the Unit's garage, and any inoperable vehicle shall not be stored in a parking space or within the Common Elements in general. No.

nit Owner shall park, store or keep any vehicle, except wholly within the Unit's garage, and any inoperable vehicle shall not be stored in a parking space or within the Common Elements in general. No.

unattended vehicle shall at any time be left in the streets, driveways or alleyways in such manner as to impede the passage of traffic or to impair property access. No Unit Owner shall park, store or keep within or adjoining the Property any large commercial-type vehicle, or any recreational vehicle (camper unit, motor home, truck, trailer, boat, mobile home), or any motorcycle, motorbike, or motorscooter, or other similar vehicle deemed to be a nuisance by the Board. No Unit Owner shall conduct major repairs or major restorations of any motor vehicle, boat, trailer, aircraft or other vehicle upon any portion of the Common Elements. Parking spaces shall be used for parking purposes only; (7) No Unit Owner shall be permitted to lease his Unit for hotel or transient purposes, which, for purposes of this paragraph is defined as a period less than thirty days. No Unit Owner shall be permitted to lease less than the entire Unit. Every such lease shall be in writing. Every such lease shall provide that the lessee shall be bound by and subject to all of the obligations under the Declaration and By-Laws, of the Unit Owner making such lease and failure to do so shall be a default thereunder. The Unit Owner making such lease shall not be relieved thereby from any of said obligations;¨ (8) Each Owner shall keep clean and in good condition the interior of his Unit including windows and shall not permit garments, rugs, laundry or other unsightly items to extend from or be placed outside of his Unit, including but not limited to over windows or porches;

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his Unit including windows and shall not permit garments, rugs, laundry or other unsightly items to extend from or be placed outside of his Unit, including but not limited to over windows or porches; (9) It is prohibited to dust rugs or other materials from the windows, or to clean rugs by beating on the exterior part of the Units, or to throw any dust, trash or garbage out of any of the windows or doors of any of the Units; (10) It is prohibited to throw garbage or trash outside the disposal areas provided for such purposes; (11) No Owner, resident or lessee shall install radio and television antennae, machines or air conditioning units or any other devices whatsoever on the exterior of the Buildings or that protrude through the walls or out of the windows, or on the roof of the Buildings unless expressly approved in writing by the Board. However, no transmitting antennas will be allowed on the exterior of buildings in Common Areas; Steeplechase Declaration - Revised 1995 8 REAL PROPERTY RECORDS TRAVIS TILITY TEXAS January 31, 1995 12434 0017 (12) No Owner or other occupant of any Unit shall make any alteration, modification or improvement to the Common Elements, nor shall any awnings, patio covers or other devices be added to the Common Elements, nor shall any Owner or occupant remove or add to any planting, structure, furnishings or other equipment or object therefrom except with the written consent of the Board; Property; (13) No drilling, digging, quarrying or mining operation of any sort shall be permitted on the (14) Motorcycles, motorbikes, motor scooters or other similar vehicles shall not be operated within the Property except for ingress and egress to the property;

on of any sort shall be permitted on the (14) Motorcycles, motorbikes, motor scooters or other similar vehicles shall not be operated within the Property except for ingress and egress to the property; (15) All window covering exposed to the exterior of the building or in any way visible from the exterior of the Project must be of a white or ivory; (16) Except as specifically permitted herein, patio, terrace, porch, stoop, or Common or Limited….

Common Areas shall not be decorated with furniture, planter, landscaping, or any other object without the written consent of the Board. Such requests shall be submitted in writing no less than 10 days prior to the next regular meeting. Patio, terrace, porch, stoop or other Limited Common Areas in the backyard appurtenant to each Unit may be so decorated provided that they do not, in the Board's judgment, detract from the visual attractiveness of the Property.

(17) The use of cooking grill, open fires or any other device that would emit smoke or the release of fumes or gasses into the atmosphere shall be prohibited in Common or Limited Common Areas except in the backyard appurtenant to each Unit and provided they do not, in the Board's judgment, detract from the visual attractiveness of the Property or create a nuisance to other Unit Owners.

(18) The Board shall have the right to control the visual attractiveness of the property, including, without limitation, the right to require Owners to eliminate objects which are visible from the Common Elements and which, in the Board's judgment, detract from the visual attractiveness of the Property; (19) No Unit Owner nor the Association shall do anything to interfere with, and nothing in the Declaration shall be understood or construed to:

detract from the visual attractiveness of the Property; (19) No Unit Owner nor the Association shall do anything to interfere with, and nothing in the Declaration shall be understood or construed to: (a) Prevent Declarant, its successors or assigns, or its or their contractors or subcontractors, from doing in any Unit owned by them whatever they determine to be necessary or advisable in connection with the completion of any work thereon; (b) Prevent Declarant, its successors or assigns, or its or their representatives, from erecting, constructing and maintaining on the Common Elements or any Unit owned or controlled by Declarant, its successors.

or assigns, or its or their contractors or subcontractors, such structures as may be reasonably necessary for the conduct of its or their business of completing any work and disposing of the same by sale, lease or otherwise; (c) Prevent Declarant, its successor or assigns, or its or their representatives, from maintaining a Sales Office and maintaining and showing model Units to aid in the marketing of the Units during the Construction Period; or (d) Prevent Declarant, its successors or assigns, or its or their contractors or subcontractors, from maintaining such a sign or signs for marketing of Units in the Property.

(20) An Owner who is having a Unit or other structure worked on, repaired, or remodeled shall take reasonable and necessary precautions to prevent damage to the Common Area (including any streets) caused by construction companies, workmen, suppliers, or service company working on or delivering materials to or removing materials from the work site on the Owner's Unit. Such Owner shall be liable to the Association for any damages to

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kmen, suppliers, or service company working on or delivering materials to or removing materials from the work site on the Owner's Unit. Such Owner shall be liable to the Association for any damages to the Common Area and for costs of cleaning up or replacing property in the Common Area destroyed or damaged by such construction companies, workmen, suppliers, or service companies. Such Owner shall be liable to the respective Unit Owners for any damage to another Owner's Unit and for any costs of cleaning up or replacing property which may be destroyed or damaged by such construction companies, workmen, suppliers, or service companies and the Association shall have the right to repair such damage at the Association's expense, in which Steeplechase Declaration - Revised 1995 9 REAL PROPERTY RECORDS TRAVIS COUNTY . TEXAS 12434 January 31, 1995 0018 event the cost of repair shall be owed to the Association by the Unit Owners who caused the damage or whose construction company, workmen, suppliers, or service company caused the damage.

ARTICLE III. RIGHTS AND OBLIGATIONS OF OWNERSHIP.

3.1 OWNERSHIP. A Unit will be a fee simple estate and may be held and owned by any person; firm, corporation or other entity singularly, as joint tenants, as tenants in common, or in any real property tenancy relationship recognized under the laws of the State of Texas.

3.2 PARTITION. The Common Elements (both General and Limited) shall be owned in common by all of the Owners of the Units and shall remain undivided, and no Owner shall bring any action for partition or division of the Common Elements other than that as specifically provided for hereinafter in Paragraph 6.2, "Judicial

ts and shall remain undivided, and no Owner shall bring any action for partition or division of the Common Elements other than that as specifically provided for hereinafter in Paragraph 6.2, "Judicial Partition." Nothing contained herein shall be construed as limitation of the right of partition of a Unit between the Owners thereof, but such partition shall not affect any other Unit.

3.3 EXCLUSIVENESS OF OWNERSHIP. Each Owner shall be entitled to exclusive ownership and possession of his Unit. Each Owner may use the Common Elements in accordance with the purposes for which they are intended, without hindering or encroaching upon the lawful rights of the other Owners.

3.4 ONE-FAMILY RESIDENTIAL DWELLING. Each Unit shall be occupied and used or leased by the Owner only as and for a residential dwelling for the Owner, his family, his social guests or his tenants. No portion of the Unit may be sublet by the Owner of the Owner's tenants.

3.5 MECHANIC'S AND MATERIALMAN'S LIENS. Subsequent to the completion of the improvements described on the Plat, no labor performed or materials furnished and incorporated in a Unit, notwithstanding the consent or request of the Owner, his agent, contractor or subcontractor, shall be the basis for filing of a lien against the Common Elements owned by such other Owners. Each Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of any lien against the Unit of any other Owner or against the Common Elements for construction performed or for labor, materials, services or other products incorporated in the Owner's Unit at such Owner's request.

3.6 RIGHT OF ENTRY. The Association shall have the irrevocable right to be exercised by the

r for labor, materials, services or other products incorporated in the Owner's Unit at such Owner's request.

3.6 RIGHT OF ENTRY. The Association shall have the irrevocable right to be exercised by the Managing Agent or Board of Directors to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the Common Elements therein or accessible therefrom, or at any time for making emergency repairs therein necessary to prevent damage to the Common Elements or to another Unit or Units.

3.7 MAINTENANCE.

Maintenance by Owner. An Owner shall maintain and keep in good repair his Unit, including the fixtures thereof, especially the exterior siding, brick and trim as well as the lawns, shrubs and trees in the back and side yards. All fixtures and equipment, including the heating and air conditioning system, installed within or appurtenant to the Unit, shall be maintained and kept in repair by the Owner thereof. Without limitation on the generality of the foregoing, an Owner shall maintain and keep in good repair (and replace, if so required) the security system, garage door opener, the air conditioning compressor, fans, ductwork, heating unit and cooling coils, gutters and power vents, utilized in and for his Unit, as well as other fixtures situated within or installed into the Limited Common Elements appurtenant to such Unit; and an Owner shall be obligated to promptly repair and replace any broken or cracked windows, doors or glass therein that might be so broken or cracked. Notwithstanding anything to the contrary contained in this paragraph an Owner when exercising his right and responsibility of repair,

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indows, doors or glass therein that might be so broken or cracked. Notwithstanding anything to the contrary contained in this paragraph an Owner when exercising his right and responsibility of repair, maintenance, replacement or remodeling, as herein defined, shall never alter in any manner whatsoever, the exterior appearance of his Unit. Shrubbery, trees, fertilizing, and application of pest control in back yards and side yards shall be the responsibility of the respective Unit Owners.

In the event an Owner fails to maintain his Unit as provided herein in a manner which the Board deems necessary to preserve the appearance and value of the Project, the Board may notify such Owner of the work required and request that it be done within 30 days from the giving of such notice. In the event such Owner fails to Steeplechase Declaration - Revised 1995 10 REAL PROPERTY RECORDS TRAVIS TEXAS 12434 0019 January 31, 1995 complete such maintenance within said period, the Board may cause such work to be done and may specially assess the cost thereof to such Owner and, if necessary, create a lien against his Unit for the amount thereof.

Maintenance by Association. The Association shall maintain all Common Elements, including front yards, but not including flower beds in the back yards and side yards appurtenant to each Unit. The Association shall only mow and trim back yards and side yards. All fences shall be maintained by the Association. The Association shall not have responsibility for foundation or driveway settling or underground seepage of radon or other similar elements.

3.8 ALTERATION.

a. By Owners. An Owner shall do no act nor any work that will impair the structural soundness and

dation or driveway settling or underground seepage of radon or other similar elements.

3.8 ALTERATION.

a. By Owners. An Owner shall do no act nor any work that will impair the structural soundness and integrity of the Buildings or impair any easement or hereditament. No Owner shall in any way alter, modify, add to or otherwise perform any work whatever upon any of the Common Elements, Limited or General, or Unit exteriors, front porches or entryways, any improvements in front yards, without the prior written consent and approval in writing by the Board of Directors. Any such alteration or modification shall be in harmony with the external design and location of the surrounding structures and topography, and shall not be considered until submission to the Board of complete plans and specifications showing the nature, kind, shape, size, materials, color and location for all proposed work. The Board shall have the obligation to answer within 30 days after receipt of notice of the proposed alterations. Failure to so answer within the stipulated time shall mean that there is no objection to the proposed alteration or modification.

b. By Declarant. During the Construction Period, Declarant shall have the sole right to approve or reject any plans and specifications submitted for consideration by an Owner provided that the exterior decor is (1) uniform red brick or other type of brick approved by the Board, (2) uniform color trim on all Units, (3) uniform roof materials on all units to the extent reasonably possible, (4) uniform type of architecture for exteriors with variations subject to Board approval, and (5) similar scheme of window, door, and garage types and sizes. The square footage

nt reasonably possible, (4) uniform type of architecture for exteriors with variations subject to Board approval, and (5) similar scheme of window, door, and garage types and sizes. The square footage of Units shall not vary by more than ten percent (10%) from that shown on the attached Exhibit B. Elevations, floor "plans and door and window locations and materials may be changed.

3.9 RESTRICTION OF OWNERSHIP. As a restriction of the ownership provisions set forth in Paragraph 1.1s, "Unit," an Owner shall be deemed to own the foundation, perimeter walls, floors, ceilings and roof surrounding his Unit, but such Owner shall not be deemed to own any utilities running through his Unit which are utilized for, or serve, more than one Unit, except as a tenant in common with the other Owners. An Owner shall be deemed to own and shall maintain all interior walls, floors and ceilings, doors, windows and other such elements consisting of paint, wallpaper and other such finishing material.

3.10 LIABILITY FOR NEGLIGENT ACTS. In the event the need for maintenance or repair is caused through the willful or negligent act of an Owner, his family, guests or invitees, and is not covered or paid for by insurance either on such Unit or the Common Elements, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Unit is subject, pursuant to Article IV hereof. Such liability is limited to the liability Owner has under Texas law.

3.11 SUBJECT TO DECLARATION AND BY-LAWS. Each Owner and the Association shall comply strictly with the provisions of this Declaration, and By-Laws and the decisions and resolutions of the Association adopted pursuant thereto, as the same may be lawfully amended from time to time. Failure to comply with any of

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ons of this Declaration, and By-Laws and the decisions and resolutions of the Association adopted pursuant thereto, as the same may be lawfully amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover a sum due for damages or for injunctive relief, or both, maintainable by the Association on behalf of the Owners or, in proper case, by an aggrieved Owner against another Owner or against the Association, and in such an action the Association or aggrieved Owner shall be entitled to recover costs and reasonable attorney's fees.

ARTICLE IV. MANAGEMENT AND ADMINISTRATION 4.1 BY-LAWS. The administration of this Property shall be governed by the By-Laws of STEEPLECHASE AT DAVENPORT HOMEOWNERS' ASSOCIATION, INC., a non-profit corporation, referred to herein as the "Association." An Owner of a Unit, upon becoming an Owner, shall be a Member of the Association and shall remain a Member for the period of his ownership. The Association shall be managed by a Steeplechase Declaration - Revised 1995 11 REAL FROPERTY RECORDS TRAVIS 12434 TY. TEXAS January 31, 1995 0020 Board of Directors, duly appointed or elected, pursuant to the terms and conditions of the By-Laws. In addition, the Association may enter into a management agreement upon the terms and conditions established in the By-Laws, and said management agreement shall be consistent with this Declaration.

42 ADMINISTRATION AND ENFORCEMENT OF DECLARATION, BYLAWS AND RULES. The Association or any Owner may utilize any of the rights and remedies set forth below, for the enforcement of all restrictions, conditions, covenants, reservations, liens, bylaws, rules, charges, and liabilities now and hereafter

y utilize any of the rights and remedies set forth below, for the enforcement of all restrictions, conditions, covenants, reservations, liens, bylaws, rules, charges, and liabilities now and hereafter imposed by the provisions of this Declaration, the Bylaws, or Rules. Failure of the Association or any Owner to enforce shall not be deemed a waiver of the right to do so thereafter.

All rights of a first lien mortgagee which are contained elsewhere in the Declaration or Bylaws and which might be construed to conflict with the rights of the Association as set forth below shall be controlling over the provisions of this Section. This Section is not intended to take precedence over or repeal any rights of a first lien mortgagee contained in the Declaration; otherwise, this Section shall control over any other conflicting provision elsewhere in the Declaration or Bylaws.

a. Rules and regulation authority. The Board may adopt rules and regulations for the purpose of operating the project and obtaining compliance by Owners and their family, guests, and tenants with the Declaration and with Association bylaws, rules, and regulations provided that same are not prohibited by this Declaration or Texas law. The rules may address any subject relating to uses of Units, Common Areas, construction, repairs, parking, garage doors, unsightly objects, relationships between Owners, tenants and/or the Association, enforcements, and other subjects reasonably affecting the project. The rules must be consistent with and not in conflict with this Declaration. The standards published by the Architectural Control Committee may be adopted in whole or in part as rules by the Board.

b. Late charges. The Board may adopt late charges, from time to time, for late payment by the Owners

ed by the Architectural Control Committee may be adopted in whole or in part as rules by the Board.

b. Late charges. The Board may adopt late charges, from time to time, for late payment by the Owners of monies owed to the Association.

Returned check charges. The Board may assess returned check charges against an Owner, as set by the Board from time to time, for each returned check, plus late charges, until acceptable payment is received.

Nonassessment items first. All monies received from an Owner may be applied first to nonassessment obligations of the Owner, such as fines, late charges, returned check charges, user fees, damages, etc., regardless of notations on checks and transmittal letters.

e. Suspension of voting rights. The voting rights of any Owner who is more than 30 days delinquent on any sum owed to the Association shall be automatically suspended without notice. Such suspension rights shall extend to general or special membership meetings, mail ballots, committee meetings, board meetings, and all other meetings.

.f. Suspension of common area rights. The Board may suspend all services to an Owner and all Common Area use rights of an Owner if (1) the Owner is more than 60 days delinquent on any assessment, fine, late charge, returned check charges, or other sums owed to the Association, or (2) the Board has unanimously concluded in good faith after full and fair hearing before the Board that (i) the Owner or a member of the Owner's family, the Owner's tenant, or other occupant of the Owner's Home has committed a criminal offense involving bodily harm or threat of bodily harm to another Owner or that Owner's family, tenants, or guests, (ii) has committed a criminal

occupant of the Owner's Home has committed a criminal offense involving bodily harm or threat of bodily harm to another Owner or that Owner's family, tenants, or guests, (ii) has committed a criminal offense involving possession, manufacture or delivery of a controlled substance, marijuana, or drug paraphernalia as defined in the Texas Controlled Substances Act, or (iii) has committed a criminal offense involving intentional or reckless damage to the Common Area or another Owner's Unit. Such suspension of use rights or services may cover use rights of and services to the Owner and/or Owner's family, guests, or tenants. Notice of such suspension shall be mailed to the Owner by certified mail, return receipt requested. A suspension for nonpayment may last until all delinquent sums are paid. The suspension for criminal offenses may last for no longer than one year but may be renewed for one-year periods (or less) upon another Board hearing(s) and unanimous Board vote(s).

g. Fines. The Board or the Association's manager may assess fines against an Owner for violations by the Owner or his family, guests, agents, or tenants of standards of conduct contained in the Declaration and the Association rules. Fines may also be assessed for violation of suspended common facility use rights. Each day of Steeplechase Declaration - Revised 1995 REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS 12 12434 0021 January 31, 1995 violation may be considered a separate violation if the violation continues after written notice to the Owners. There must be notice of the alleged infraction and fine to the Owner no later than 45 days from the alleged infraction.

h. Tenants may pay. If an Owner is delinquent in the payment of any sum due the Association for a

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ice of the alleged infraction and fine to the Owner no later than 45 days from the alleged infraction.

h. Tenants may pay. If an Owner is delinquent in the payment of any sum due the Association for a period of 30 days or more, any tenant of the Owner occupying the unit may pay any sums due to the Association by the Owner in order to avoid suspension of common area use rights; and the Tenant may deduct same from rent due to the Owner. The Association may enter into indemnity agreements to protect tenants who pay money the Association under authority of this section.

i. Leasing. The Board may adopt reasonable requirements for leasing a Unit. For example, (1) registration of tenant names, work phones, home phones, and emergency contact persons, and (2) requiring attachment of Association rules and regulations to the lease and posting of same inside the Unit. The Board may recommend (but not require) that a particular lease form be used. The management company managing the Association does not have authority to act for the Association in leasing or managing individual units. A unit owner Association to lease or manage a unit owned responsibility under the declaration, bylaws, or rules and if such failure causes damage to another Unit or its contents, such Owner shall be liable to the Owner of the damaged Unit for such damage and/or the cost of all repairs necessary to correct or prevent such damage in the future. The Owner of the damaged Unit shall have a lien (for the cost of such repairs or damage) on the Unit of the Owner who has failed to comply with the foregoing provided that (1) the Board of Directors, after notice and hearing opportunity to both owners, has determined that the damaged

age) on the Unit of the Owner who has failed to comply with the foregoing provided that (1) the Board of Directors, after notice and hearing opportunity to both owners, has determined that the damaged Owner is entitled under the declaration to reimbursement for such damage and/or repairs, and (2) a notice of such lien, with a brief description of the facts and the amounts owed, has been thereafter recorded in the county real property records by the damaged Owner. Such lien may be foreclosed only after judicial hearing. The lien shall be subordinate to the lien of any first lienholder and the lien of the Association. In any litigation between owners regarding the foregoing, the prevailing party shall recover attorneys fees and the maximum lawful rate of interest from the nonprevailing party.

Abandonment of Unit by Owner. If an Owner of a Unit has abandoned it and if neither the Owner nor anyone occupying the Unit with the Owner's permission is residing in the Unit and if the Owner is more than 60.

days delinquent in payment of sums due the Association, the Association may enter the Unit and rent the Unit to third parties (subject to the right of any first lienholder) and apply all rents received to sums due the Association by.

the Owner and thereafter to the Owner's account and to any repairs to the Unit necessary for renting. Provided, however, such may be done only after 10 days' notice, sent via certified mail to the Owner's last known address and to the Owner's first lien mortgagee, (if any), along with a copy of this Section of the Declaration; and provided further that such may not be done if the Owner or mortgagee delivers written objection to the Association.

U. Venue and lawsuit authority. All obligations of owners, tenants, and the Association arising under

that such may not be done if the Owner or mortgagee delivers written objection to the Association.

U. Venue and lawsuit authority. All obligations of owners, tenants, and the Association arising under this Declaration, the Bylaws, or Rules shall be performed in Travis County, Texas, and venue for any lawsuits relating thereto shall be in Travis County, Texas. The Association shall have the right to file and deferid a suit (including injunctions) and recover on behalf of the Owners in any cause of action based on damages to the common facilities or Common Area or based on liabilities of Owners and their families, guests, agents, tenants, or third parties accruing to Owners and/or the Association.

Attorney's fees. If delinquent accounts or other violations are turned over to the Association's attorney, the Owner shall be liable for all attorney's fees incurred by the Association in collections, filing liens, foreclosing liens, releasing liens, prosecuting lawsuits, and/or otherwise enforcing the Declaration, Bylaws, and rules.

W. Association Entry. The Association shall have the right to enter an Owner's Unit only for purposes of inspection for water leaks, gas leaks, frozen pipes, and prevention of water pipe freezing (by turning on heat or dripping faucets). The Association may request but not require Owners to furnish the Association with entry keys to their Units for such purposes. If the Unit is unoccupied at the time such entry is needed, only a locksmith may be used for gaining entry except in case of extreme emergency such as a fire. Emergency utility leaks may be repaired by the Association at the Owner's expense without prior notice. Other utility leaks in a unit may be repaired by the

Page 15

n case of extreme emergency such as a fire. Emergency utility leaks may be repaired by the Association at the Owner's expense without prior notice. Other utility leaks in a unit may be repaired by the Association at the Owner's expense with prior notice. If the Unit is vacant and for sale or lease, the Unit owner shall furnish a key to the Unit to the Association until it is sold or leased.

x. Notices to multiple Owners, tenants, mortgagees. Notice to or from one of multiple Owners or tenants of a Unit shall be deemed as notice to or from all Owners or tenants of that Unit. If an Owner is more than 60 days delinquent, the Association may send to the Owner's tenant a copy of any association notices or communications with the Owner.

4.3 MEMBERSHIP AND VOTING.

а. Membership. Any person on becoming an Owner of a Unit shall automatically become a Member of the Association. Such membership shall terminate without any formal Association action whenever such person ceases to own a Unit, but such termination shall not relieve or release any such former Owner from any liability or obligation incurred under or in any way connected with STEEPLECHASE GARDENHOMES during the period of such ownership and membership of the Association, or impair any rights or remedies which the Board of Directors of the Association or others may have against such former Owner and Member arising out of or in any way connected with such ownership and membership and the covenants and obligations incident thereto.

Steeplechase Declaration - Revised 1995 REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 12434 0023 January 31, 1995 b. Voting. Unit ownership shall entitle the Owner(s) to cast one vote per Unit in the affairs of the

e Declaration - Revised 1995 REAL PROPERTY RECORDS TRAVIS COUNTY, TEXAS 12434 0023 January 31, 1995 b. Voting. Unit ownership shall entitle the Owner(s) to cast one vote per Unit in the affairs of the Association, which vote will be weighted to equal the proportionate share of ownership of the Unit Owner in the Common Elements. Voting shall not be split among more than one Unit Owner. The present number of votes that can be cast by Unit Owners is 25. Owners of both completed and uncompleted units shall be allowed to vote.

4.4 INSURANCE.

a. Fire and Extended Coverage for General Common Elements. The Association shall obtain and maintain at all times insurance relating to common elements of the type and kind provided hereinafter, issued by responsible insurance companies authorized to do business in the State of Texas. The insurance shall be carried in blanket policy form naming the Association and all Mortgagees as the insured. In addition, each policy or policies shall identify the interest of each Unit Owner in the common elements and shall provide for a standard, noncontributory mortgage clause in favor of each First Mortgagee. Further, the policy shall insure against loss or damage by fire, vandalism, malicious mischief or such other hazards as are covered under standard extended coverage provisions for the full insurable replacement cost of the General Common Elements (except as provided for in 4.6.b.) and against such other hazards and for such amounts as the Board may deem advisable. Each Owner irrevocably designates the Association, as Attorney In Fact, to administer and distribute such proceeds as is elsewhere provided in this Declaration. Such insurance policy shall also provide that it cannot be cancelled or

s the Association, as Attorney In Fact, to administer and distribute such proceeds as is elsewhere provided in this Declaration. Such insurance policy shall also provide that it cannot be cancelled or substantially modified by either the insured or the insurance company until after 10 days prior written notice to each First Mortgagee.

The Board of Directors shall, upon request of any First Mortgagee, furnish a certified copy of each blanket policy and a separate certificate identifying the interest of the Mortgagor. All policies of insurance shall provide that the insurance thereunder shall be invalidated or suspended only in respect to the interest of any particular Owner guilty of a breach of warranty, act, omission, negligence or non-compliance of any provision of such policy, including payment of the insurance premium applicable to that Owner's interest, or who permits or fails to prevent the happening of any event, whether occurring before or after a loss, which under the provisions of such policy would otherwise invalidate or suspend the entire policy, but the insurance under such policy, as to the interests of all other insured Owners not guilty of any such act or omission, shall not be invalidated or suspended and shall remain in full force and effect. Any insurance obtained by the Association shall contain appropriate provisions whereby the insurer waives its right of subrogation as to any claims against the Unit Owners, Association or their respective servants, agents or guests..

b. Fire and Extended Coverage for the Units and Appurtenant Common Elements. Each Unit Owner shall obtain and maintain at all times insurance of the type and kind provided hereinafter, issued by responsible

e and Extended Coverage for the Units and Appurtenant Common Elements. Each Unit Owner shall obtain and maintain at all times insurance of the type and kind provided hereinafter, issued by responsible insurance companies authorized to do business in the State of Texas. The insurance shall name the Unit Owner and the Owner's mortgagees as the insured. In addition, the policy shall provide for a standard noncontributory mortgage clause in favor of the Owner's First Mortgagee. The policy shall insure against loss or damage by fire , vandalism, malicious mischief or such other hazards as are covered under standard extended coverage provisions for the full insurable replacement cost of the Owner's Unit, as defined in paragraph 1.1. All such policies shall provide for full replacement value.

Each Owner irrevocably designates the Owners Association, as Attorney in Fact, to administer and distribute such proceeds as is elsewhere provided in this Declaration. Such insurance policy shall also provide that it cannot be cancelled or substantially modified by either the insured or the insurance company until after 10 days prior written notice to each First Mortgagee. Any insurance obtained by a Unit Owner shall contain appropriate provisions whereby the insurer waives its right of subrogation as to any claims against the Unit Owner, Association or their respective servants, agents or guests. Each Owner shall furnish a copy of his policy to the Owners Association within 10 days after it has been obtained and after each renewal thereof. In the event an Owner fails to obtain and maintain the insurance policy(s) as required herein, the Board may notify such Owner of the insurance

Page 16

ter it has been obtained and after each renewal thereof. In the event an Owner fails to obtain and maintain the insurance policy(s) as required herein, the Board may notify such Owner of the insurance requirement and request that it be obtained within 10 days from the giving of such notice. In the event such Owner fails to obtain such insurance within said period, the Board may obtain the insurance for the Owner and may specially assess the cost thereof to such Owner and, if necessary, create a lien against his Unit for the amount thereof.

C. Liability insurance. The Association shall maintain a policy of comprehensive public liability insurance and property damage insurance against any legal liability that results from law suits related to employment contracts in which the Association is a party and claims for personal injury or death, or property damage suffered by Steeplechase Declaration - Revised 1995 REAL PROPERTY RECORDS 15TRAVIS COTEXAS January 31, 1995 12434 0024 た the public, or any Owner, family, agent, employee, or invitee of an Owner, occurring in, or about the General Common Elements hereof, which public liability and property damage insurance shall afford protection to such limits and extent as the Association deems desirable, provided that the amount shall not be less than that approved by the Association at its annual meeting, covering all claims for personal injury and/or property damage arising out of a single occurrence). Provided further that such liability and property damage insurance policy shall contain a cross-liability endorsement wherein the rights of named insured under the policy or policies shall not prejudice his, her, or their action or actions against another named insured. Such insurance policy shall also provide that it cannot

the rights of named insured under the policy or policies shall not prejudice his, her, or their action or actions against another named insured. Such insurance policy shall also provide that it cannot be cancelled or substantially modified by either the insured or the insurance company until after 10 days prior written notice to each First Mortgagee. This liability coverage does not insure the individual Unit Owner for liability or damages arising out of the use of his individual Unit or the Limited Common Elements appurtenant i thereto as distinguished from the General Common Elements of the Project d. Fidelity bond. The Association shall maintain or cause to be maintained an adequate blanket fidelity bond covering all persons handling or responsible for funds of or administered by the Association. The total amount of fidelity bond coverage shall be in an amount the Association deems necessary for the protection of the Owners based on the estimated maximum of funds, including reserve funds, in the custody of the Association or Managing Agent, as the case may be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than a sum equal to three months' aggregate assessments on all Units plus the reserve funds. The fidelity bonds shall name the association as an obligee and the bonds shall contain waivers by the issuers of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees," or similar terms or expressions. Such bonds shall also provide that they cannot be cancelled or substantially modified by either the insured or the insurance company until at least 10 days prior written notice to any insurance trustee and each servicer on behalf of FNMA.

y cannot be cancelled or substantially modified by either the insured or the insurance company until at least 10 days prior written notice to any insurance trustee and each servicer on behalf of FNMA.

e. Unit Owners insurance. The insurance required in 4.4(b) does not insure the personal property, clothing, and furniture of the Unit Owner, and each such Unit Owner shall, at the Owner's option and expense, obtain such other insurance as the Owner deems necessary to insure such personal property. Provided further, nothing herein shall be construed to prohibit the Owner of a Unit from obtaining at his cost and expense such additional insurance as may be necessary to insure his Unit and the fixtures and improvements therein.

4.5 ACCOUNTING AND AUDIT. The Board shall keep or cause to be kept books of detailed account of the receipts and expenditures affecting the Project and its administration and specifying the maintenance and repair expenses of the Common Elements and any other expenses incurred by or on behalf of the Project or the Association. Both the books of accounts and all vouchers supporting the entries made therein shall be available for examination at the office of the Association by all Owners at convenient hours on working days and the Board shall cause to be established and announced for general knowledge the days and hours within which such books shall be available for inspection. All such books and records shall be kept in accordance with generally accepted accounting procedures, consistently applied, and shall be audited at least once a year by an outside auditor selected by the Board unless directed otherwise by the Association at the annual membership meeting. The fiscal year of the Association

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and shall be audited at least once a year by an outside auditor selected by the Board unless directed otherwise by the Association at the annual membership meeting. The fiscal year of the Association shall be the calendar year unless another period is established by resolution of the Board.

5.1 ARTICLE V. MAINTENANCE ASSESSMENTS ASSESSMENTS FOR COMMON EXPENSES. All Owners shall be obligated to pay the estimated assessments imposed by the Association to meet the Common Expenses. Assessments for the estimated Common Expenses shall be due monthly in advance on or before the first day of each month. Contribution for monthly assessments shall be prorated if the ownership of a Unit commences on a day other than the first day of a month.

5.2 PURPOSE OF ASSESSMENTS. The assessments levied by the Association shall be used exclusively for the purposes of promoting the health, safety, welfare and recreation of the residents in the Property, and in particular for the improvement, maintenance and preservation of the Property, the services and the facilities devoted to said purposes that are related to the use and enjoyment of both the Common Elements and the Units situated upon the Property.

5.3 DETERMINATION OF ASSESSMENTS. The assessments to be paid by all of the Owners, including Declarant, shall be determined by the Board of Directors or Managing Agent based upon the cash requirements necessary to provide for the payment of all estimated expenses growing out of or connected with the Steeplechase Declaration - Revised 1995.

REAL PROPERTY RECORDS TRAVIS COM TEXAS 12434 0025 January 31, 1995 maintenance and operation of the General Common Elements. This determination may include, among other items,

laration - Revised 1995.

REAL PROPERTY RECORDS TRAVIS COM TEXAS 12434 0025 January 31, 1995 maintenance and operation of the General Common Elements. This determination may include, among other items, taxes, governmental assessments, landscaping and grounds care, Common Area lighting, repairs and renovation, garbage collections, wages, water charges, legal and accounting fees, insurance, management costs and fees, expenses and liabilities incurred by the Association or Managing Agent under or by reason of this Declaration, expenses incurred in the operation and maintenance of recreation and administrative facilities, payment of any deficit remaining from a previous period and the creation of a reserve contingency fund. The omission or failure of the Board to fix the assessment for any month shall not be deemed a waiver, modification or a release of the Owners from the obligation to pay.

5.4 UTILITIES. Each Owner shall pay for his own utilities which are separately metered and billed to each Unit by the respective utility companies. This shall include garbage pick-up and other services which are billed to each Unit by the Association. Utility expenses which are not separately billed or metered shall be part of the Common Expenses and each Unit Owner shall pay his pro-rata share thereof as in the case of other Common Expenses.

5.5 MONTHLY ASSESSMENTS. All Owners shall be personally obligated to pay the assessments imposed by the Board of Directors or Managing Agent of the Association to meet the Common Expenses. The monthly assessments shall be made according to each Owner's proportionate or percentage interest in and to the Common Elements provided in Exhibit "C" attached hereto. The Board of Directors shall determine the monthly

s shall be made according to each Owner's proportionate or percentage interest in and to the Common Elements provided in Exhibit "C" attached hereto. The Board of Directors shall determine the monthly assessments unless otherwise directed by a majority of Association members voting in person or by proxy at an Association meeting.

5.6 SPECIAL ASSESSMENTS FOR IMPROVEMENTS. In addition to the regular monthly assessments authorized by the Declaration or by the By-Laws, the Managing Agent or the Board of Directors may levy in any fiscal year a special assessment or assessments applicable to that fiscal year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction or unexpected major repair or replacement of a described capital improvement constituting or to constitute part of the Common Elements, including the necessary fixtures and personal property related thereto, or for the purchase of any movable or personal property for the common use of all the owners, or for such other purpose or purposes as the Managing Agent or the Board of Directors may consider appropriate and for the common benefit of all of the Owners in proportion to their ownership interest in the Common Elements as set out in this Declaration; provided however, that no such special assessment shall become effective until the same has received the affirmative vote of at least twothirds of the total votes cast, in person or by proxy, at a special meeting of the members of the Association to be called for the purpose of such vote, notice of which special meeting shall be given to each member in accordance with the provisions of the By-Laws regarding notices of special meetings. At any such meeting the member may by

f such vote, notice of which special meeting shall be given to each member in accordance with the provisions of the By-Laws regarding notices of special meetings. At any such meeting the member may by the required affirmative vote aforesaid, amend or modify any such assessment prepared by the Managing Agent or the Board of Directors. The pro-rata part and share of each Owner of any such special assessment shall be due and payable as provided in the resolution adopting or approving any such special assessment.

5.7 COMMENCEMENT OF ASSESSMENTS. The monthly assessments shall be prorated if the ownership of a Unit commences on a day other than the first day of the month. The Board shall fix the amount of the monthly assessments against each Unit at least 30 days prior to January 1st of each year; provided, however, that the Board shall have a right to adjust the monthly assessments, with 30 days' written notice given to each Owner.

Written notice of the monthly assessment adjustment shall be sent to every Owner subject thereto. The due date shall be established by the Board, and unless otherwise provided or unless otherwise agreed by the Association, the Board shall collect the assessments monthly in accordance with Paragraph 5.1 hereof.

5.8 NO EXEMPTION. Declarant for each Unit owned within the Project, hereby covenants, and each Owner of any Unit by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed, as a part of the purchase money consideration for such deed and conveyance, to covenant and agree to pay to the Association: (1) monthly assessments and other charges, and (2) special assessments, such assessments to be

Page 18

rchase money consideration for such deed and conveyance, to covenant and agree to pay to the Association: (1) monthly assessments and other charges, and (2) special assessments, such assessments to be established and collected as provided herein, in the By-Laws and in the rules and regulations of the Association. No Owner may exempt himself from liability for his contribution towards the Common Expenses by waiver of the use or enjoyment of any of the General or Limited Common Elements or by abandonment of his Unit.

Steeplechase Declaration - Revised 1995 REAL PROPERTY RECORDS 17 TRAVIS CETEXAS January 31, 1995 12434 0026 5.9 a.

ASSOCIATION LIEN.

Lien. All sums due and unpaid by a Unit Owner for its share of Common Expenses chargeable to its respective Unit, shall constitute a lien on such Unit and any insurance proceeds and rents relating to such Unit superior (prior) to all other liens and encumbrances, except only for.

(1) All taxes and special assessments levied by governmental and taxing authorities; and (2) All liens securing sums due or to become due under any duly recorded and valid purchase money first lien mortgage or initial construction mortgage, including all unpaid obligatory sums as may be provided by such encumbrance and including additional advances made thereon prior to the arising of such a lien.

b. Foreclosure. To evidence such lien the Board of Directors or Managing Agent may, but shall not be required to, prepare written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Unit and a description of the Unit. Such notice shall be signed by one of the Board of Directors, the President of the Association, someone designated by the Board, or the Association's attorney and may be recorded in the Office

e Unit. Such notice shall be signed by one of the Board of Directors, the President of the Association, someone designated by the Board, or the Association's attorney and may be recorded in the Office of the County Clerk of Travis County, Texas. Such lien for the Common Expenses shall attach from the date of the failure of payment of the assessment. Such lien may be enforced by sale of the defaulting Owner's Unit at a nonjudicial sale as in the case of a mortgage or deed of trust on real property after (i) the recording of a notice of the amount unpaid in such Real Property Records, (ii) the appointment of a Trustee by the Board of Directors to conduct such sale and convey title to the Unit of the defaulting Owner to the purchaser at such sale, and (iii) compliance with Section 51.002 of the Texas Property Code. Each Owner, by accepting a deed to his Unit, expressly grants to the Association a power of sale, as set forth in said Section 51.002, in connection with the Association lien. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorney's fees. The Association shall have the power to bid in the Unit at foreclosure sale and to acquire and hold, lease, mortgage and convey same.

Personal liability. The amount of the Common Expenses assessed against each Unit shall also be a debt of the Owner thereof at the time the assessment is made. Suit to recover a money judgment for unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing same.

d. Vendor's lien. In addition, to the extent permitted by law, Declarant reserves and assigns to the

unpaid Common Expenses shall be maintainable without foreclosing or waiving the lien securing same.

d. Vendor's lien. In addition, to the extent permitted by law, Declarant reserves and assigns to the Association, without recourse, a vendor's lien against each Unit to secure payment of all sums payable with respect to such Unit. Said liens may be enforced by appropriate judicial proceedings and the expenses incurred in connection therewith, including, but not limited to, interest, costs and reasonable attorney's fees, shall be chargeable to the Owner in default. Such lien shall be subordinated and inferior to those liens listed in Subparagraphs 5.9a(1) and (2).

e. Payment by inferior lienholders. Any encumbrancer holding a lien on a Unit may pay any unpaid sums payable with respect to such Unit, and upon such payment, such encumbrances shall have a lien on such Unit for the amount paid of the same rank as the lien of his encumbrance.

5.10 SUBORDINATION OF THE LIEN TO MORTGAGES. The lien provided for herein shall be subordinate to the lien of any First Mortgagee granted or created by the Owner of any Unit to secure the payment of monies advanced and used for the purpose of purchasing and/or constructing such Unit. Sale or transfer of any Unit shall not affect the Association's lien; provided, however, that the sale or transfer of any Unit pursuant to a foreclosure, under such purchase money or improvement mortgages shall extinguish the lien of the Association as to payments thereof coming due prior to such sale or transfer, except for claims for its pro-rata share of such assessments resulting from a reallocation among all Units, which reallocation, if necessary, will require a

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coming due prior to such sale or transfer, except for claims for its pro-rata share of such assessments resulting from a reallocation among all Units, which reallocation, if necessary, will require a readjustment of the common assessment as provided in Paragraph 5.5b. No sale or transfer shall relieve such Unit, or the Owners thereof, from liability for any assessments thereafter becoming due or from the lien thereof.

5.11 RESALE CERTIFICATES. Upon payment to the Association of a reasonable fee set by the Board and upon the written request of any Owner or any encumbrancer or prospective encumbrancer of a Unit, the Association, but its Board of Directors or Managing Agent, shall issue a written statement ("resale certificate") setting forth the unpaid assessments, if any, with respect to the subject Unit, the amount of the current monthly.

assessments, the date of such assessment and the due date, credit for advance payments of for prepaid items, including, but not limited to, insurance premiums, which shall be conclusive upon the Association in favor of all Steeplechase Declaration - Revised 1995 18 REAL PROPERTY RECORDS TRAVIS CITY. TEXAS 12434 January 31, 1995 0027 persons who rely thereon in good faith. Unless such request for a statement of indebtedness shall be complied with within 10 days, all unpaid assessments which become due prior to the date of making of such request shall be subordinate to the lien of the person requesting such statement.

The Purchaser, Donee or other transferee of a Unit, by deed or other writing (herein called "Grantee"), shall be jointly and severally liable with the transferor of such Unit (herein called "Grantor) for all unpaid assessments

her transferee of a Unit, by deed or other writing (herein called "Grantee"), shall be jointly and severally liable with the transferor of such Unit (herein called "Grantor) for all unpaid assessments against the latter for his proportionate share of the Common Expenses and other sums accruing up to the time of the grant or conveyance, without prejudice to the Grantee's right to recover from Grantor the amounts paid by the Grantee. A resale certificate shall be conclusive upon the Association. Unless such request for a statement of indebtedness shall be complied with within 10 days of such request, such Grantee shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid assessments against the subject Unit accruing prior to such 10 day period.

5.12 FINANCING OF PURCHASE OF UNIT BY ASSOCIATION. In the event the Association should acquire a Unit at foreclosure, such acquisition by the Association may be made from the working capital of the Association and common charges in the hands of the Association. Any purchase of a Unit by the Association at foreclosure shall be "subject to" and not an "assumption of" any indebtedness secured by a prior lien of a First Mortgagee or Property tax lienholders.

6.1 ARTICLE VI. DESTRUCTION OR OBSOLESCENCE OF IMPROVEMENTS DESTRUCTION OR OBSOLESCENCE.

а. Association as attorney in fact. This Declaration hereby makes mandatory the irrevocable appointment of an Attorney in Fact to deal with the Property upon its destruction, obsolescence or condemnation.

Title to any Units is declared and expressly made subject to the terms and conditions hereof, and acceptance by any Grantee of a deed from the Declarant or from any Owner shall constitute appointment of the Attorney in Fact herein

and expressly made subject to the terms and conditions hereof, and acceptance by any Grantee of a deed from the Declarant or from any Owner shall constitute appointment of the Attorney in Fact herein provided. All of the Owners irrevocably constitute and appoint STEEPLECHASE AT DAVENPORT HOMEOWNERS' ASSOCIATION, INC., or its successor non-profit corporation, if same be hereafter organized, their true and lawful Attorney in their name, place and stead, for the purpose of dealing with the Property upon its destruction, obsolescence or condemnation, as hereafter provided. As Attorney In Fact, the Association, but its authorized officers shall have full and complete authorization, right and power to make, execute and deliver any contract, deed or any other instrument with respect to the interest of a Unit Owner which is necessary and appropriate to exercise the powers herein granted.

b. Reconstruction procedures. Repair and reconstruction of the improvement (s), as used in the succeeding subparagraphs, means restoring the improvements (s) to substantially the same condition in existence prior to the damage, with each Unit and Common Elements having the same vertical and horizontal boundaries as before. Unless specifically stated it does not include any restoration for the improvements within the unfinished perimeter walls, floor and ceiling of the Unit. The proceeds of any insurance collected shall be made available to the Association for the purpose of repair, restoration or replacements, unless all of the Owners and all of the First Mortgagees agree not to rebuild in accordance with the provisions set forth hereinafter: (1) In the event of damage or destruction due to fire or other disaster, the insurance proceeds, if

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f the First Mortgagees agree not to rebuild in accordance with the provisions set forth hereinafter: (1) In the event of damage or destruction due to fire or other disaster, the insurance proceeds, if sufficient to reconstruct the improvement(s), shall be applied by the Association, as Attorney In Fact, to such reconstruction, and the improvement(s) shall be promptly repaired and reconstructed.

(2) If the insurance proceeds are insufficient to repair and reconstruct the improvement(s), and if such damage is not more than 67% of all the Common Elements, not including land, such damage or destruction shall be promptly repaired and reconstructed by the Association, as Attorney In Fact, using the proceeds of insurance and the proceeds of an assessment to be made against all of the Owners and their Units. Such deficiency assessment shall be a special assessment made pro rata according to each Owner's proportionate interest in and to the Common.

Elements and shall be due and payable within 30 days after written notice thereof. The Association shall have the authority to cause the repair or restoration of the improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the assessment. The assessment provided for herein shall be a debt of each Owner and a lien on his Unit and may be enforced and collected as is provided in Article V hereof. The lien provided for herein shall be subordinate to any recorded first mortgage lien, as provided in Paragraph 5.10 of this Steeplechase Declaration - Revised 1995 19 REAL PROPERTY RECORDS 1 TEXAS TRAVIS COL 12434 0028 January 31, 1995 Declaration. Should the Association choose to foreclose said lien, as provided in Article V, the proceeds derived

- Revised 1995 19 REAL PROPERTY RECORDS 1 TEXAS TRAVIS COL 12434 0028 January 31, 1995 Declaration. Should the Association choose to foreclose said lien, as provided in Article V, the proceeds derived from the sale of such Unit shall be used and disbursed by the Association, as Attorney In Fact, in the following order: entity; (a) For payment of taxes and special assessment liens in favor of any governmental assessing (b) For payment of the balance of the lien of any first mortgage; (c) For payment of unpaid Common Expenses;' (d) For payment of junior liens and encumbrances in the order and extent of their priority; and (3) (e) The balance remaining, if any, shall be paid to the Unit Owner.

If more than 67% of all of the Common Elements, not including land, are destroyed or damaged, and if the Owners representing the aggregate ownership of 100% of the Common Elements, do not voluntarily, within 100 days thereafter, make provision for reconstruction, the Association shall forthwith record a notice setting forth such fact or facts, and upon the recording of such notice by the Association's President and Secretary, the entire remaining Premises shall be sold by the Association, as Attorney In Fact for all of the Owners, free and clear of the provisions contained in this Declaration, the Plat and the By-Laws. The insurance settlement proceeds shall be collected by the Association, and such proceeds shall be divided by the Association according to each Unit Owner's interest (as such interests appear on the policy or policies), and such divided proceeds shall be paid into 26 separate accounts, each such account representing one of the Units in the total Project. Each such `account shall be in the name of the Association, and shall be further identified by the number of

26 separate accounts, each such account representing one of the Units in the total Project. Each such `account shall be in the name of the Association, and shall be further identified by the number of the Unit and the name of the Owner. From each separate accounts, the Association, as Attorney In Fact, shall use and disburse the total amount (of each) of such account, without contribution from any one account to another, toward the full payment of the lien of any first mortgage against the Unit represented by such separate account. There shall be added to each such account, the apportioned amount of the proceeds derived from the sale of the entire Property.

Such appointment shall be based upon each Unit Owner's proportionate interest in the Common Elements. The total funds of each account shall be used and disbursed, without contribution from one account to another, by the Association, as Attorney In Fact, for the same purposes and in the same order as is provided in Subparagraphs b(2) (a) through (e) of Paragraph 6.1 hereof. Any decision to terminate the status as herein provided must have the approval of First Mortgagees holding mortgages on Units which have over 50% of the votes of the Association.

(4) If the Owners representing a total ownership interest of 100% of the Common Elements adopt a plan for reconstruction, then all of the Owners shall be bound by the terms and provisions of such plan. Any assessment made in connection with such plan shall be a Common Expense and made pro rata according to each Owner's proportionate interest in the Common Elements and shall be due and payable as provided by the terms of the plan but not sooner than thirty (30) days after written notice thereof. The Association shall have the authority to

in the Common Elements and shall be due and payable as provided by the terms of the plan but not sooner than thirty (30) days after written notice thereof. The Association shall have the authority to cause the repair and restoration of the improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an Owner to pay the assessment. The assessment provided for herein shall be a debt of each Owner and a lien on his Unit and may be enforced and collected as is provided in Paragraph 5.9 hereof, but will be subordinate to any prior recorded first mortgage lien, as provided in Paragraph 5.10 hereof. Should the Association foreclose said assessment lien, as provided in said Paragraph 5.9, the proceeds derived from sale of such Unit shall be used and disbursed by the Association, as Attorney In Fact, for the same purposes and in the same order as is provided in Subparagraphs b(2) (a) through (e) of Paragraph 6.1 hereof.

(5) The Owners representing an aggregate ownership interest of 75% of the Common Elements or more, may agree that the Common Elements of the Property are obsolete and that the same should be renewed or reconstructed. In such instance, the expenses thereof shall be payable by all of the Owners as Common Expenses ; provided, however, that any Owner not agreeing to such renewal or reconstruction may give written notice to the Association that such Unit shall be purchased by the Association for the fair market value thereof. If such Owner and the Association can agree on the fair market value thereof, then such sale shall be consummated within 30 days thereafter. If the parties are unable to agree, the date when either party notifies the other that he or it is unable to

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e fair market value thereof, then such sale shall be consummated within 30 days thereafter. If the parties are unable to agree, the date when either party notifies the other that he or it is unable to agree with the other shall be the "commencing date" from which all periods of time mentioned herein shall be measured. Within 10 days following the commencement date each party shall nominate in writing (and give notice Steeplechase Declaration - Revised 1995 REAL PROPERTY RECORDS TRAVIS 20 12434 TEXAS January 31, 1995 0029 of such nomination to the other party), an appraiser who shall be a member of the Austin Board of Realtors. If either party fails to make such a nomination, the appraiser nominated shall, within five days after default by the other party, appoint and associate with him another appraiser (to be selected from the Austin Board of Realtors).

If the two appraisers designated by the parties, or selected pursuant hereto in the event of the default of one party, are unable to agree, they shall appoint another appraiser to be umpire between them, if they can agree on such person. If they are unable to agree upon such umpire, then each appraiser previously appointed shall nominate two persons (each of whom shall be a member of the Austin Board of Realtors) and from the names of the four persons so nominated, shall be drawn by lot by any judge of any court of record in Texas, and the name so drawn shall be such umpire. The nominations from whom the umpire to be drawn by lot shall be submitted within 10 days after the failure of the two appraisers to agree, which in any event shall not be later than 20 days following the appointment of the second appraiser. The decision of the appraisers as to the fair market value or in the case of their

isers to agree, which in any event shall not be later than 20 days following the appointment of the second appraiser. The decision of the appraisers as to the fair market value or in the case of their disagreement, the decision of the umpire, shall be final and binding. The expenses and fees of the appraisers will be paid by the party appointing them, or appointed on their behalf. The expenses of the umpire will be borne equally between the Association and the Owner. The sale shall be consummated within 15 days thereafter , and the Association, as Attorney In Fact, shall disburse such proceeds as is provided in subparagraphs (b) (2) (a) through (e) of Paragraph 6.1 hereof.

(6) The Owners representing an aggregate ownership interest of 100% of the Common Elements and all holders of first mortgages may agree that the Common Elements of the Property are obsolete and that the same should be sold. In such instance, the Association shall record a notice setting forth such fact or facts, and upon the recording of such notice by the Association's authorized officers, the entry Premises shall be sold by Association, as Attorney In Fact, for all the Owners, free and clear of the provisions contained in this Declaration, the Plat and the By-Laws. The sales proceeds shall be apportioned between the Owners and First Mortgagees as their interests may appear on the basis of each Owner's percentage or fraction of interest in the Common Elements, and such apportioned proceeds shall be paid into 25 separate accounts, plus the annexed Units, each such account representing one Unit. Each such account shall be in the name of the Association, and shall be further identified by the number

aid into 25 separate accounts, plus the annexed Units, each such account representing one Unit. Each such account shall be in the name of the Association, and shall be further identified by the number of the Unit and the name of the Owner. From each separate account, the Association, as Attorney In Fact, shall use and disburse the total amount of each of such funds, without contribution from one fund to another, for the same purposes and in the same order as is provided in Subparagraphs b (2) (a) through (e) of Paragraph 6.1 hereof.

6.2 JUDICIAL PARTITION. There shall be no judicial partition of the Common Elements, nor shall Declarant or any person acquiring any interest in the Project or any part thereof seek any such judicial partition, until the happening of the conditions set forth in Paragraph 6.1 hereof in the case of damage or destruction or unless the Property has been removed from the provisions of the Texas Condominium Act; provided, however, that if any Unit shall be owned by two or more co-tenants, as tenants in common as joint tenants, nothing herein contained shall be deemed to prevent a judicial partition between such co-tenants, but such partition shall not affect any other Unit..

6.3 CONDEMNATION. If all or any part of the Property is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain (whether permanent or temporary), the Association, as Attorney In Fact, and each Owner shall be entitled to participate in proceedings incident thereto at their respective expense. The Association shall give timely written notice of the existence of such proceedings to all Owners and to all First Mortgagees known to the Association to have an interest in any Unit. The expense of participation in such

give timely written notice of the existence of such proceedings to all Owners and to all First Mortgagees known to the Association to have an interest in any Unit. The expense of participation in such proceedings by the Association shall be borne by the Common Fund. The Association, as Attorney In Fact, is specifically authorized to obtain and pay for such assistance from attorneys, appraisers, architects, engineers, expert witnesses and other persons as the Association in its discretion deems necessary or advisable to aid or advise it in matters relating to such proceedings. All damages or awards for such taking shall be deposited with the Association, as Attorney In Fact, and such damages or awards shall be applied as provided herein. In the event that an action in eminent domain is brought to condemn a portion of the Common Elements, the Association, as Attorney In Fact, in addition to the general powers set out herein, shall have the sole authority to determine whether to defend or resist any such proceeding, to make any settlement with respect thereto; or to convey such Property to the condemning authority in lieu of such condemnation proceedings. With respect to any such taking, all damages and awards shall .

be determined for such taking as a whole and not for each Owner's interest therein. After the damages or awards for such taking are determined, such damages or awards shall be paid to the account of each Owner and First Mortgagee, if any, as their interests may appear. The Association, if it deems advisable, may call a meeting of the Owners, at which meeting the Owners, by a majority vote, shall decide whether to replace or restore as far as possible, the Common Elements so taken or damaged. In the event it is determined that such Common Elements

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meeting the Owners, by a majority vote, shall decide whether to replace or restore as far as possible, the Common Elements so taken or damaged. In the event it is determined that such Common Elements should be replaced or restored by obtaining other land or building additional structures, this Declaration and the Map Steeplechase Declaration - Revised 1995 21 REAL PROPERTY RECORDS ✓ TEXAS TRAVIS C 12434 0030.

January 31, 1995 attached hereto, shall be duly amended by instrument executed by the Association, as Attorney In Fact, on behalf of the Owners.

7.1 ARTICLE VII. PROTECTION OF MORTGAGEE MORTGAGE PRIORITIES. Any Owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and paramount priority under applicable law. The Owner of a Unit may create a second mortgage on the following conditions: (1) That any such second mortgage shall always be subordinate to all of the terms, conditions, covenants, restrictions, uses, limitations, obligations, lien for Common Expenses, and other payments created by this Declaration and by the By-Laws; (2) That the mortgagee under any second mortgage shall release, for the purpose of restoration of any improvements upon the mortgaged premises, all of his right, title and interest in and to the proceeds under all insurance policies upon said premises, which insurance policies were effected and placed upon the mortgaged premises by the Association. Such release shall be furnished forthwith by a second mortgage upon written request to the Association.

72 NOTICE TO ASSOCIATION. Upon request by the Association, an Owner who mortgages his Unit

tion. Such release shall be furnished forthwith by a second mortgage upon written request to the Association.

72 NOTICE TO ASSOCIATION. Upon request by the Association, an Owner who mortgages his Unit shall notify the Association, giving the name and address of his Mortgagee. Each Mortgagee shall be permitted to notify the Association of the fact that such Mortgagee holds a deed of trust or mortgage on a Unit.

7.3 NOTICE OF DEFAULT; LAPSE IN INSURANCE. The Association shall notify a First Mortgagee insurer or guarantor of a first mortgage in writing, upon written request of such Mortgagee, insurer or guarantor identifying the name and address of the Mortgagee and the Unit number, of any default by the Mortgagor in the performance of such Mortgagor's obligations, as set forth in this Declaration, which is not cured within 30 days.

The Association, upon written request, shall notify a First Mortgagee of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association or the Unit Owner.

7.4 EXAMINATION OF BOOKS. Upon request, the Association shall permit Unit Owners, First Mortgagees, insurers or guarantors of first mortgages, to examine current copies of the Declaration, By-Laws, other rules concerning the Project and the books and records of the Association during normal business hours.

: 7.5 RESERVE FUND. The Association shall establish adequate reserve funds for replacement of Common Element components and fund the same by regular monthly payments rather than by extraordinary special assessments. In addition, there shall be established a working capital fund for the initial operation of the Project equal to at least two months' estimated Common Assessments charge for each Unit. Each Unit's share of the

on, there shall be established a working capital fund for the initial operation of the Project equal to at least two months' estimated Common Assessments charge for each Unit. Each Unit's share of the working capital fund must be collected and transferred to the Association at the time of closing of the sale of each Unit, and shall be maintained in a segregated account for the use and benefit of the Association. The contribution to the working capital fund for each unsold unit shall be paid to the Association within 60 days after the date of the conveyance of the first Unit in the project. The purpose of the fund is to insure that the Board will have cash available to meet unforeseen expenditures, or to acquire additional equipment for services deemed necessary or I desirable by the Board.

7.6 FINANCIAL STATEMENTS. Upon written request the Association shall furnish each First Mortgagee, insurer or guarantor of a first mortgage, a current financial statement of the Association within 90 days following the end of each fiscal year of the Association.

:7.7° NOTICE OF MEETINGS. The Association shall furnish each First Mortgagee upon request of such Mortgagee, prior written notice of all meetings of the Association and permit the designation of a representative of such Mortgagee to attend such meetings, one such request to be deemed to be request for prior written notice of all subsequent meetings of the Association.

.7.8 NOTICE OF DAMAGE OR DESTRUCTION. Upon written request by a first mortgagee, insurer or guarantor of a first mortgage, the Association shall furnish the same timely written notice of any substantial damage or partial destruction of any Unit on which First Mortgagee holds the mortgage if such loss exceeds $1,000.00 and of

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Association shall furnish the same timely written notice of any substantial damage or partial destruction of any Unit on which First Mortgagee holds the mortgage if such loss exceeds $1,000.00 and of any part of the Common Elements if such loss exceeds $10,000.00.

Steeplechase Declaration - Revised 1995 REAL PROPERTY RECORDS TRAVIS TY, TEXAS 22 12434 0031 January 31, 1995 7.9 MANAGEMENT AGREEMENTS. Any agreement for professional management of the Project will be terminable by the Association without cause and without payment of a termination fee upon ninety (90) days' or less written notice, and the term of such agreement will not exceed the period of three (3) years. Any such agreement shall also provide that all officers, directors, trustees and employees of Management Company, and who, directly or indirectly handle, or are responsible for the funds of the Association, shall be covered by a blanket fidelity bond, meeting the requirements of FNMA and FHLMC. In the event of the termination of the management agreement, as provided herein, the Association shall enter into a new management agreement with a new management agent prior to the effective date of the termination of old management agreement. Any decision to establish self-management by the Owners Association shall require the prior consent of Owners of Units to which at least 67% of the votes are allocated and the approval of first mortgage holders holding mortgages on Units which have over 50% of the votes of the Association.

7.10 TAXES, ASSESSMENTS AND CHARGES. All taxes, assessments and charges which may become liens prior to the lien of a First Mortgage under local law shall relate only to the individual Units and not to the Project as a whole.

8.1 a.

ARTICLE VIII. MISCELLANEOUS PROVISIONS

which may become liens prior to the lien of a First Mortgage under local law shall relate only to the individual Units and not to the Project as a whole.

8.1 a.

ARTICLE VIII. MISCELLANEOUS PROVISIONS AMENDMENTS TO DECLARATION.

Except as otherwise provided herein, this Declaration may only be amended at a meeting of the Unit Owners at which the amendment is approved by the owners, entitled to vote, of a least 67% of the ownership interests in the Project and an instrument reflecting such vote is duly recorded in the Real Property Records of Travis County, Texas.

b. Unless approved by 100% of all Unit mortgagees, no declaration amendments may be made which materially and adversely affect the interest of any First Mortgagee of a Unit or the value of such Unit, such as altering, repealing and/or changing voting percentages, assessment allocations, reserve fund requirements, insurance provisions, use rights, maintenance and repair obligations, financial protections of association funds, or declaration amendment procedures, declaration termination and similar subjects. Unless approved by 100% of all Unit Owners until the year 2000, no declaration amendment may amend the declaration to depart from the requirements relating to brick, trim color, uniform roof materials, uniform type of architecture, and similar schemes of window, door, and garage types and sizes referred to in Section 3.8b.

C. The Board of Directors may, by unanimous vote, at any time amend this Declaration or the Bylaws by instrument duly signed, acknowledged and filed for record, for the sole purpose of having the Declaration comply with financing eligibility requirements of the Federal Home Loan Mortgage Corporation, Federal National Mortgage

cknowledged and filed for record, for the sole purpose of having the Declaration comply with financing eligibility requirements of the Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Veterans Administration, Federal Housing Administration, or comparable federal or state agencies.

8.2 RESERVATION OF VARIANCE. Notwithstanding any provision of this Declaration to the contrary, the Declarant reserves unto itself the exclusive right to amend the Declaration and to vary the size, shape, physical lay-out or location of the unsold Units and to correspondingly adjust the sales price and the percentage or fraction of ownership of the Common Elements of the respective Units remaining unsold. Such adjustment in the percentage or fraction of ownership of the Common Elements will only affect those Units owned by the Declarant, and will not change or affect the percentage or fraction of ownership of any other Unit. This reservation shall not allow the Declarant to readjust or reallocate any vested interests in the Common Elements appurtenant to any sold Units. This reservation shall be subject to the enumerated list of exterior decor controls set forth in Paragraph 3.8 (b). This reservation lapses when Declarant sells the last of the Units owned by Declarant or 1998, whichever occurs sooner.

8.3 DIMENSIONS. It is expressly agreed, and each and every purchaser of a Unit, his heirs, executors, administrators, assigns, successors, and grantees hereby agree, that the square footage, size, and dimensions of each Unit as set out and shown in this Declaration or in said survey plat attached as Exhibits hereto, are approximate and are shown for descriptive purposes only, and that the Declarant does not warrant, represent, or guarantee that any

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s Declaration or in said survey plat attached as Exhibits hereto, are approximate and are shown for descriptive purposes only, and that the Declarant does not warrant, represent, or guarantee that any Unit actually contains the area, square footage, or dimensions shown by the Plat thereof. Each purchaser of a Unit hereby expressly waives any claim or demand which he may have against the Declarant or any other person whomsoever, on account of any difference, shortage, or discrepancy between the Unit as actually and physically REAL PROPERTY RECORDS TRAVIS COUNTY TEXAS Steeplechase Declaration - Revised 1995 23 12434 0032 January 31, 1995 existing and as it is shown on the respective plat thereof, which is attached as an Exhibit hereto. The existing physical boundaries of the Unit or of any Unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be in the boundaries, regardless of settling, arising, or lateral movement of the buildings and regardless of variance between the boundaries shown on the plat and those of the buildings.

8.4 CHANGE IN DOCUMENTS. Upon written request, the holder of any mortgage covering any of the Units shall be entitled to written notification from the Association thirty (30) days prior to the effective day of any change in the Project documents.

8.5 LIABILITY OF BOARD MEMBERS. The members of the Board of Directors and Officers of the Association shall not be liable to any Owner or any person claiming by or through any Owner for any act or omission of such Director or Officer in the performance of his duties unless such act or omission is (1) a breach of the Director's duty of loyalty to the Association or its members, (2) an act or omission not in good faith or that

ficer in the performance of his duties unless such act or omission is (1) a breach of the Director's duty of loyalty to the Association or its members, (2) an act or omission not in good faith or that involves intentional misconduct or a knowing violation of law, (3) a transaction from which a Director receives an improper benefit, whether or not the benefit resulted from an action taken within the scope of the Director's office, or (4) an act or omission for which the liability of the Director is expressly provided for by a statute.

8.6 INDEMNITY. The Association shall promptly indemnify all Board members and officers for claims and suits, including expenses of litigation, asserted by Unit Owners or third parties against them in their capacity as directors or officers except in the situations enumerated in Paragraph 8.5. The Board may purchase (but is not required to purchase) directors and officers liability insurance. Such insurance and any indemnification payments shall be treated as a common expense. The Board of Directors is authorized and directed to modify the Association's corporate charter to conform to Paragraphs 8.5 and 8.6.

8.7 NOTICE. All notices, demands or other notices intended to be served upon an Owner shall be sent by ordinary or certified mail, postage prepaid, addressed in the name of such Owner in care of the Unit number and Building address of such Owner. All notices, demands or other notices intended to be served upon the Board of Directors of the Association or the Association, shall be sent by ordinary or certified mail, postage prepaid, to the then current address of the Association's management company or to the Association's address duly recorded in the Travis County Real Property Records.

8.8

ry or certified mail, postage prepaid, to the then current address of the Association's management company or to the Association's address duly recorded in the Travis County Real Property Records.

8.8 CONFLICT BETWEEN DECLARATION AND BY-LAWS. Whenever the application of the provisions of this Declaration conflict with the application of any provision of the By-Laws adopted by the Association, the provisions or application of this Declaration shall prevail.

8.9 INVALIDATION OF PARTS. If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word of the application thereof in any circumstance be invalidated, such invalidity shall not affect the validity of the remainder of this Declaration and the application of any provision, paragraph, sentence , clause, phrase or word in any other circumstance shall not be affected thereby..

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

8.11 GOVERNING LAW. The provisions of this Declaration shall be governed by the Texas Uniform Condominium Act.

8.12 CONSENT AND SUBORDINATION OF MORTGAGEE. The undersigned First Mortgagees, being the owners and holders of existing mortgages or Deed of Trust liens upon and against the respective units covered by the Declaration for Steeplechase at Davenport Condominiums, said declaration being recorded in Vol.

9561, Page 1 of the Real Property Records of Travis County, Texas, does hereby consent to and join in this

Page 25

claration for Steeplechase at Davenport Condominiums, said declaration being recorded in Vol.

9561, Page 1 of the Real Property Records of Travis County, Texas, does hereby consent to and join in this Declaration of Covenants, Conditions, and Restrictions for Steeplechase Gardenhomes - 1995 (and Exhibits thereto) and does hereby subordinate the mortgage or Deed of Trust lien held by the Mortgagee to the latter Declaration.

REAL PROPERTY RECORDS TRAVIS COUNTY. TEXAS Steeplechase Declaration - Revised 1995 24 12434 0033 January 31, 1995 ARTICLE IX. CERTIFICATION Approval of this revised Declaration by the required number of Unit Owners and mortgagees has been obtained in accordance with Paragraph 8.1 of the original Declaration for Steeplechase at Davenport Condominiums, recorded in Vol. 9561, Page 5, Real Property Records of Travis County, Texas.

STATE OF TEXAS COUNTY OF TRAVIS DECLARANT: KLK Construction, Inc.

By Title Date Secretary 3-24-95 STEEPLECHASE GARDENHOME OWNERS ASSOCIATION, INC.

By Crunch SGOA Title 21 Mar 95 Date President, dow This instrument was acknowledged before me on tainee March 24 1995 as Secretar by of KLK Construction, Inc., a corporation incorporated under the laws of the State of Texas, on behalf of said corporation.

NOTARY PUBLIC SPATE OF YO TERAS JEANNIE C. COFFMAN Notary Public, State of Texas My Commission Expires FEB. 2, 1996 жанки сериа Texas Notary Public for the State of Texas Printed name of notary My commission expires STATE OF TEXAS COUNTY OF TRAVIS This instrument was acknowledged before me on Jari L. Crouch March 21 1995 by as President of the Steeplechase Gardenhome Owners Association, Inc., a corporation incorporated under the laws of the State of Texas, on behalf of said corporation.

NOTARY STATE PUBLIC OF TEXAS

Pages 25–27

95 by as President of the Steeplechase Gardenhome Owners Association, Inc., a corporation incorporated under the laws of the State of Texas, on behalf of said corporation.

NOTARY STATE PUBLIC OF TEXAS stplchasdeccin.66ms KATHERINE B. HOOD NOTARY PUBLIC State of Texas Comm. Exp. 11-09-97 Hood Notary Public for the State of Texas Printed name of notary Katla line B. Hood..

My commission expires W/6 197 Steeplechase Declaration - Revised 1995 25 REAL PROPERTY RECORDS TRAVIS COUNTY TEXAS January 31, 1995 12434 0034 LEGAL DESCRIPTION OF THE PROPERTY.

Lot One (1) of DAVENPORT RANCH, PHASE THREE (3) SECTION TEN (10) a subdivision in Travis County, Texas, according to the map or plat thereof recorded in Volume 86, Pages 46a and 46b, of the Plat Records of Travis County, Texas.

EXHIBIT "A" Steeplechase Declaration - Revised 1995 26 REAL PROPERTY RECORDS TRAVIS COUNTY . TEXAS January 31, 1995 12434 0035 47.

: FILM CODE 00005747562 AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STEEPLECHASE GARDENHOMES May 1998 Whereas the Declaration of Covenants, Conditions and Restrictions for Steeplechase Gardenhomes (Revised-1995) was recorded in Vol. 12434, Page 009 of the Real Property Records of Travis County, Texas; and Whereas the Steeplechase Gardenhome Owners Association, Inc. wishes to amend this Declaration to revise Exhibits B and C of this Declaration; and Whereas the requirements for amending this Declaration as stated in Section 8.1 of the Declaration have been met; The Declaration is hereby amended by completely deleting Exhibit B, containing 18 pages, and with the 18 page Exhibit B attached to this amendment.

replacing i The Declaration is further amended to completely delete Exhibit C and to totally replace that

Pages 27–29

ing Exhibit B, containing 18 pages, and with the 18 page Exhibit B attached to this amendment.

replacing i The Declaration is further amended to completely delete Exhibit C and to totally replace that Exhibit C with Exhibit Cattached to this amendment.

Executed his 110 day of Jane · STATE OF TEXAS COUNTY OF TRAVIS 1998.

STEEPLECHASE GARDENHOME OWNERS ASSOCIATION, INC.

By: 1 Title: President, Staplechone Condealterne Owners Association This instrument was acknowledged before me on by JAMES L. CROUCH Jun 4, 1998 as Bros. Stephare HOA.

of Steeplechase Garder home Owners Association, Inc., a corporation incorporated under the laws of the State of Texas, on behalf of said corporation.

B. R. WOOLFORD, JR.

MY COMMISSION EXPIRES June 2, 2000 steepleamend.124ms B.R. Wood Notary Public for the State of Texas Printed name of notary B.B. Wool FORDIR commission expires My $ June 2 2000..

Attachments: Exhibit B (18 pages) Exhibit C (1 page) After recording, please return to: Niemann & Niemann, L.L.P.

Attn: Connie Niemann 1122 Colorado, Suite 313 Austin, Texas 78701 REAL. PROPERTY RECORDS TRAVIS BURT 13205 0008 eple Chase at Davenport Condominiums erall Site Plan Exhibit B Sheet 1 of 18 LONG CHAMP DRIVÈ、 REAL PROPERTY RECORDS TRAVIS LOUN 13205 ՌՈՂ LOCATION MAP.

-70eple Chase Davenport Condominiums Partial Site Plan Legend: * Limited Common Element = General Common Element e: All wood fences, all parking area, all roofs, and all brick fences are General Common Elements.

All attic spaces, gutters, power vents, all exterior siding, brick, and trim are Limited Common Elements..

hibit B Sheet 2 of 18 5.

Goa 소 P 2700 BUILDING ILDING EVILDING 2A Le BUILDING IB LONG CHAMP DRIVÈ.

LG-34 BUILDING & [24] 2B BUILDING Y 35 3B REAL PROPERTY FELORDS

Pages 29–33

hibit B Sheet 2 of 18 5.

Goa 소 P 2700 BUILDING ILDING EVILDING 2A Le BUILDING IB LONG CHAMP DRIVÈ.

LG-34 BUILDING & [24] 2B BUILDING Y 35 3B REAL PROPERTY FELORDS TRAVIS LOUN TEX=3 เววละ 16544 R=305.23 1= 35.49 Iz11.77 16=35.47 CB=5 2935' eeple Chase * Davenport Condominiums Partial Site Plan Legend: = Limited Common Element → General Common Element ble: All wood fences, all parking area, all roofs, and all brick fences are General Common Elements.

All attic spaces, gutters, power vents, all exterior siding, brick, and trim are Limited Common Elements.

khibit B Sheet 3 of 18 15000 16-19 33637:00 280.1 PUTURE 421 DEVELO ERMIT 7420 BUILDINGs +3300 1910 $ 80°37'39" LG$50.00 12-11 N 6051'00* $50,00 REAL PROPERTY RECORDS TRAVIS LO13:5 BUIL 16-34 30 NG BLDING' บ 1 ILD!

St ple Chase at Davenport Condominiums Paal Site Plan Legend: LC.

GO * General Common Element No All wood fences, all parking area, all roofs, and all brick fences are General Common Elements.

All attic spaces, gutters, power vents, all exterior siding, brick, and trim are Limited Common Elements.

Exhibit B Sheet 4 of 18 GAMITAL OF TEDIAS MAY I LOOM 360 ) SEY MARKTH UILDING PD N IFLEPHORE ESHT. \ BUILDING EP L 10.00 14 ELOCAR SO 36:57'00 280.9 1C.0 REAL PROPERTY RELORDS TRAVIS COUNTY, TEXAS 12205 0 0 12 H 101 UILDING EL!

04350 REAL PROPERTY RECORDS TRAVIS JUN ✓ BATH BEDROOM พง ults o BATH BEDROOM 3 BELOW Kuti J • MASTER.

BEDR.COM LIVING 4 ROOM TAPE JA LOWER LEVEL BLAN 15 teeple Chase at Davenport Condominiums Unit # 23 Moor Plan Type 1A (old plan) Exhibit B Sheet 5 of 18 REAL PROPERTY RECORDS TRAVE PUNTY. TEXAS צלפה Steeple Chase at Davenport Condominiums Unit #24,26 Floor Plan Type 2B (old plan).

Pages 33–42

ominiums Unit # 23 Moor Plan Type 1A (old plan) Exhibit B Sheet 5 of 18 REAL PROPERTY RECORDS TRAVE PUNTY. TEXAS צלפה Steeple Chase at Davenport Condominiums Unit #24,26 Floor Plan Type 2B (old plan).

Exhibit B Sheet 8 of 18 1 PANTAT | ke ee BEDROON E WOOK DINING LIVING.

BEDROOM 33 2 O ee.

EXHI SHEE TYPE 29 FLOOR PLAN_ REAL PROPERTY RECORDS.

TRAVIS COUP די JEDROOM A MAVEL MASTER BEDROOM STUDY DINING ROOM LIVING HOON eeple Chase at Dimport Condominiums Unit # 3 por Plan Type 3A (old plan) Exhibit B Sheet 9 of 18 CARAGE TYPE 3 FLOOR PLAN REAL PROPERTY RECORDS TRA TEXAS 191 MASTER BEDROOM DINING..

GARAGE ONIAL 4 100 TYPE 33 FLOOR PLAN eeple Chase at Davenport Condominiums Unit # 25 Floor Plan Type 3B (old plan) Exhibit B Sheet 10 of 18 60 eeple Chase at Davenport Condominiums Unit # 15, 22 bor Plan Type 1A (new plan) Exhibit B Sheet 11 of 18 7415 REAL PROPERTY RECORDS TRAVISTY, TEXAS nnId REAL PROPERTY RECORDS TRAVIE LOUNTY.TEX-3 innnr 0000 REAL PROPERTY RECORDS TRAVE CUNTY. TEXAS 13205 0021 Steeple Chase at Davenport Condominiums Unit # 4 Floor Plan Type 2A (new plan) Exhibit B Sheet 13 of 18 www.mm 迥 Lepi beple Chase at Davenport Condominiums Unit # 13,18, Floor Plan Type 2B (new plan) Exhibit B Sheet 14 of 18 REAL PROPERTY RECORDS TRANS COUNTY. 15X/S ge teeple Chase at Davenport Condominiums Unit # 6,20 oor Plan Type 3A (new plan) Exhibit B Sheet 15 of 18 REAL PROPERTY RECORDS TRAVE SURRY, TEXAS Steeple Chase at Davenport Condominiums Unit # 17,19 loor Plan Type 30 (new plan) Exhibit B Sheet 16 of 18 ☺ REAL PROPERTY RECORDS TRAVIS AINTY. TEXAS Steeple Chase at Devenport Condominiums Unit # 5,7,11 Floor Plan Type 4A (new plan) Exhibit B Sheet 17 of 18 REAL PROPERTY RECORDS TRAVIS PUNTY. TEXAS ค LETEZ eeple Chase at Davenport Condominiums Unit # 9,12

Pages 42–43

Chase at Devenport Condominiums Unit # 5,7,11 Floor Plan Type 4A (new plan) Exhibit B Sheet 17 of 18 REAL PROPERTY RECORDS TRAVIS PUNTY. TEXAS ค LETEZ eeple Chase at Davenport Condominiums Unit # 9,12 Foot Plan Type 4B (new plan) Exhibit B Sheet 18 of 18.

REAL PROPERTY RECORDS TRAMIT, QUNTY, TEXAS 12205 4 180 EXHIBIT C Steeplechase at Davenport Condominiums BUILDING LETTER UNIT NUMBER FLOOR PLÅN TYPE PERCENTAGE OWNERSHIP В F Н J K 12345670 IB (old plan) 4.00% 2A (old plan) 4.00% 3A (old plan) 4.00% 2A (new plan) 4.00% 4A (new plan) 4.00% 3A (new plan) 4.00% 1A (new plan) 4.00% 8 IB (new plan) 4.00% 9 4B (new plan 4.00% 10 NO UNIT 11 4A (new plan) 4.00% 12 4B (new plan) 4.00% 13 2B (new plan) 4.00% 14 1B (new plan): 4.00% 15 1A (new plan) 4.00% 16 IB (new plan) 4.00% 17 3B (new plan) 4.00% 18 2B (new plan) 4.00% 19 3B (new plan) 4.00% 20 3A (new plan) 4.00% 21 -22222 3B (new plan) 4.00% 1B (new plan).

4.00% 23 1A (old plan) 4.00% 24 2B (old plan) 4.00% 3B (old plan) 4.00% 26 2B (old plan) 4.00% 100.00% steepleamend.124ms AFTER RECORDING PLEASE RETURN TO: Niemann & Niemann, L.l.p.

1122 Colorado Street, Suite 313 Austin, TX 78701 STATE OF TEXAS COUNTY OF TRAVIS I hereby certify that this instrument was FILED on the date and at the time stamped hereon by me; and was duly RECORDED.

in the Volume and Page of the named RECORDS of Travis County, Texas, on COUNTY TELE JUN 16 1998 COUNTY CLERK TRAVIS COUNTY, TEXAS FILED 98 JUN 16 AM 8:54 DANA DE BEAUVOIR COUNTY CLERK TRAVIS COUNTY. TEXAS RECORDER'S MEMORANDUM - At the time of recordation this instrument was found to be inadequate for the best photographic reproduction, because of illegibility , carbon or photo copy, discolored paper etc. All blockouts , additions, and changes were present

instrument was found to be inadequate for the best photographic reproduction, because of illegibility , carbon or photo copy, discolored paper etc. All blockouts , additions, and changes were present at the time the instrument was filed and recorded.

RECEIPT#: B00114049 TRANS#: BO869 CASHIER: KHTUE FILE DATE: 6/16/98 PAID BY: CHECK 14039 DEPT: REGULAR RECORD $47.00 TRANS DATE: 6/16/98 REAL PROPERTY RECORDS: 13205 0027