Document

£ xy se o1271860 OR wei a9 s a eo oO & DECLARATION OF COVENANTS) s CONDITIONS AND RESTRICKFONS Ss A R SUMMIT CROSSING ~ 3 & “ THE STATE OF TEXAS § & Ss S % Y © UNTY OF BRAZOS § Se ay 3 & 2015, by DWS DEVELOPMENT, INCthereinafter sometimes referred to as “Deqffant”).

< S . WHEREAS, Declarant is Re owner and developer of certain residerttal Lots and other parcels within a tract of land now or hereafter commonly known and described as Summit Crossing, (which lots are more particularly described on the plat of Summit Crossing Phase 2A, an addition to city of College Station, Texas, according to plat recorded in Volume 12476, Page 18 of the Official Records of Brazog € nty, Texas), and which land subject to igDeclaration is part of a 5.607 acre tract of lang described in Exhibit “A”, attached heret d made a part hereof.

Declarant desires to blish and implement plans for residential bah, recreation, aesthetic and quality-of-life consiggrations. 3 Ss Ss s The Puxposes of this Declaration are to: protect the Declarant and the Owners against 4 repair of: patibility of design of improvements wittfir the Subdivision; secure and preserve VY | sufficj ae setbacks and space between buildings 60 as to create an aesthetically pleasing oe envigshment; provide for landscaping and the maj&ténance thereof; and in general to encoura ruction of attractive, quality, permanent i vements that will promote the general we the Declarant and the Owners. Declarant desires to impose these restrictions on the Property

in general to encoura ruction of attractive, quality, permanent i vements that will promote the general we the Declarant and the Owners. Declarant desires to impose these restrictions on the Property how and yet retain reasonable flexibility tg¢espond to changing or unforeseen circum so xv as to guide, control and maintain the qudlity and distinction of the Summit Crossing . The & Residents of Summit Crossing afterssompletion of all development and constructign therein.

Ss > y WHEREAS the Declarant desires to convey the Property subject tO%Certain protective covenants, conditions, restrictions, liens and charges as hereinafter set forth; .

WHEREAS the Declayant desires to create and carry out a niform plan for the improvement, developmenstand sale of the Property for the benefit eGrre present and future owners of the Property’ \ ee a , NOW, THE RE, KNOW ALL MEN BY THESE PRESENTS fiat it is hereby declared (i) that x all of the Prope all be held, sold, conveyed and occupied sobject to the following covenants, s rpose of preserving the value and desirability a nd which shall run with, the Property and be binding on all parties having any 3 right, title or interest in or to the Property or any part their heirs, successors, and assigns, Sy conditions, Ctions, liens, and charges, which are for the p 1g Go oO 3° = Reflaration of Covenants, Conditions, and Restrictions Ss S ummit Crossing Page 19 27 & Qs 3 ‘wee fee We > —— \ Doc Bk Vol oe oe may hereafter be exdButed with regard to the Property or any periggvtiterent shall conclusively be

ns Ss S ummit Crossing Page 19 27 & Qs 3 ‘wee fee We > —— \ Doc Bk Vol oe oe may hereafter be exdButed with regard to the Property or any periggvtiterent shall conclusively be held to have beenseecuted, delivered and accepted subject to lowing covenants, conditions and restrictions regardless of whether or not the same are set ut or referred to in said contract, ordeed. Q 3 < we e oe ARTICLE 40 S & DEFINITIGNS rs s Ss © Unless the context otherwise specifies oMequires, the following words and phrases wren in this Dectaration shall have the followaytg meanings hereinafter specified: 3 9° »S 9° Lo 1.01 Additional Land. Declarant, or Destarant's assigns, may create additional phaser sections Xe of Summit Crossing, and adagi*the same or similar restrictions, rules, an ulations for © such phases or sections ad make the additional phases or sectiongOsubject to the S Association. S Ss 1.02 Architectural Committee. “Architectural Committee” shall mean the committee created by the Board to review and approve plans for the construction of Improvements on the Property. If the oes not appoint an Architectural Committge, e Board shall serve as the Aug mmittee. VY EK @ 3s oe .

1.03 hitectu mmittee Rules. “Architectural Committee Riles” shall mean the rules and « requlationggsdopted by the Architectural Committee, agile same may be amended from & time to ue e. S . jation, Inc., as that instrument may be argended from time to time, which instrument > & filed in the office of the Secretary of Statgxef the State of Texas. & oO 9 1985 Assessment. “Assessment” or “Assessiwents” shall mean such assessments as maybe

time to time, which instrument > & filed in the office of the Secretary of Statgxef the State of Texas. & oO 9 1985 Assessment. “Assessment” or “Assessiwents” shall mean such assessments as maybe evied by the Association under the s and provisions of the aration. \ ay levied by the Associati der th d isi f the Declarati § S 9 : D> 1.06 Association. “Association” shalJ ean Summit Crossing Owners Association, , a Texas N & nonprofit corporation, whi hall have authority and responsibility all of the Ss communities and subdivisigas of Summit Crossing, as hereafter defined, © 1.07 Board. “Board” shall mean the Board of Directors of the Association. Board members may, but need not, be Members of the Association.

1.08 Bylaws. “Bylaws shaj\mean the Bylaws of the Association as adggted by the Board, and Ghended.

| from time to time ! 1.09 Summit Crossttt Residential Restrictions. “Summit Crossi esidential Restrictions” shall x mean this B@claration, as the same may be amended fragtime to time, together with the & Summit GPossing Rules, Architectural Committee RulesQnd the Articles and Bylaws of the Ss Assoggition as the same are in effect from time to fie. RY x Ka ~B 0 +O Oo caer of Covenants, Conditions, and Restrictions Ss < ummit Crossing Page 2» 27 3 3 3 Qn OD Oe = s Ss . eS Mortgage or Mortgages. e x Bk Vo .O x “WO 1.10 Summi les. “Summit Crossing Rules” shall mean the rules and regulations adopted e Board as the same may be amended fro time to time.

1.11 eo “Declarant” shall mean DWS ment, Inc., its duly authorized re n 7 © tatives or their respective successors Or ¢ igns; provided that any assignment of

ts duly authorized re n 7 © tatives or their respective successors Or ¢ igns; provided that any assignment of nd the mere conveyance of a portion of nee < Ss rights of Declarant shall not be sufficient Declarant hereunder.

3 3 3 Ros 1.12 Declaration. “Declaration” shall yesh this instrument as it may be amended fragPtime to Lo time. Lo ; eS 1.13 Improvement. “Inpeee shall mean every structure and all appug@nances thereto of every type and kind, irteluding but not limited to buildings, outbuildinas, storage sheds, patios, tennis courts, garages, storage buildings, fences, screening walls, retaining walls, stairs, decks, landscaping, pole signs, exterior air conditioning, water softener fixtures or equipment, and pores. pumps, walls, tanks, reservoirs, pipes, me meters, antennae, towers and other fag ies used in connection with water, sewer, & , electric, telephone, regular or cable ision, or other utilities. \ 2 2 @ Oo , 1.14 Lot. “Lot” oots” shall mean any parcel or parcels of fa wi in the Property shown as a subdivi ot on a recorded plat of the Property, togetiger with all Improvements located thereoy. 4 g . g . “ee ketc 1.15 M foBer. “Member” or “Members” shall mean, ay person(s), entity, or entities holding . g@mbership rights to the Association.

constitute an assignment of the rights WO 1.169 Mortgage. “Mortgage” or “Mortgages” shal? mean any mortgage or deed of trust cover any portion of the Property given to setdre the payment of a debt. Ss ( 1.17 Mortgagee. “Mortgagee” or MK agees” shall mean the holder or holdarD of any ~ xd 1.18 Owner. “Owner” or “Owng@ shall mean a person or persons, entity or ities, including

ebt. Ss ( 1.17 Mortgagee. “Mortgagee” or MK agees” shall mean the holder or holdarD of any ~ xd 1.18 Owner. “Owner” or “Owng@ shall mean a person or persons, entity or ities, including Declarant, holding a fee sihple interest in any Lot on the Property, butShall not include a Mortgagee.

1.19 Person. “Person” or “Persons” shall mean an individual or individuals, entity or entities having the legal right hold title to real property. x OG 1.20 Plans and Spegiftations. “Plans and Specifications” shall ran any and all documents de or control the construction or erection ny Improvement, including, to, those indicating location, size, shape, guration, materials, site plans, and grading plans, foundation plans, drainage plans, landscaping and fencing plansg¥levation drawings, floor plans, specifi ns on all building products and congf#tction techniques, samples of exterior colqr§ plans for utility services, and all other geumentation or information relevant to surhganpromermient ration of Covenants, Conditions, and Restrictions Ss & of Summit Crossing Page 3y 27 | 4 4 S S VO WV Pr 1 ° ~ se roperty without written assignments of thar’ Pa F1 s & co ‘ ~ eo Lo se 3 co s oe & & Xe Boc Bk Vol P aS : AC ce Oo 1.21 Property. sProperty” shall mean the real property ing@tazos County, Texas which is described in Exhibit “A”, and additional lands.

escribed in Exhibi i « 4 R g 9° VY ARTICLE 2 ©” Se e DEVELOPMENT OF THE@ROPERTY Ro YS 2.9¢° Development or Sale by Declarant. nt may divide or subdivide the Property ine?

several areas, develop some of the Pro , and, at Declarant’s option, sell any portio of 3 the Property free of the restrictions s forth in this Declaration. ay Ss

divide or subdivide the Property ine?

several areas, develop some of the Pro , and, at Declarant’s option, sell any portio of 3 the Property free of the restrictions s forth in this Declaration. ay Ss . eS 2.02 Addition of Land. Declarant maypat any time and from time to time, add any @ther lands Xe to the Property, and upon sug addition, this Declaration and the covenapgs? conditions, Ss restrictions and obligatio t forth herein shall apply to the added landQénd the rights, privileges, duties and liabitties of the persons subject to this Declaration Shall be the same with respect to the added land as they are with respect to the lands originaily covered by the Declaration. In order to add lands to the Property hereunder, Declarant shall be required only to recordin the Official Records of Brazos County, Tees a Notice of Addition : of Land containing Ao llowing provisions: RX ~ (1) A referencea@ this Declaration, which reference shall stat Re book and page numbers of the Offtial Records of Brazos County wherein this a aration is recorded; x So sh ¥ .

(2)A oy ment that the provisions of this Dedaration Sha apply to the added land; and S R 5 (2ylegal description of the added land. & SX @ oO x 2.03 ithdrawal of Land. Declarant may, at any t@vé and from time to time, reduce or withdrayge?

s areas from the Property, and upon such drawal, this Declaration and the covena conditions, restrictions and obligations get forth herein shall no longer apply to those ladtis 3 withdrawn. In order to withdraw oe from the Property hereunder, Declarant sAall be e required only to record in the QtRC al Records of Brazos County, Texas, ad@ ice of NS &

operty hereunder, Declarant sAall be e required only to record in the QtRC al Records of Brazos County, Texas, ad@ ice of NS & S (1) Areference to this Dec! Sion, which reference shall state the book a Sbage numbers S of the Official Reco f Brazos County wherein this Declaration i orded; (2) A statement that the provisions of this Declaration shall no longer apply to the withdrawn land; agd ak | QS (3) A legal descrgtin of the withdrawn land. ce es ARTICLE 3 & & Ss S < All of ie Property shall be owned, held, encumbereg) leased, used, occupied and enjoyed \ subject tog following limitations and restrictions: <9 i ration of Covenants, Conditions, and Restrictions Ss Ss of Summit Crossing Page 10 27 3 3 & oo .o. ~ RY Doc Bk Vol Pa » Ny LO Lo ; n ion rovements. No Improvements shall heratter be constructed upon any Cn of the Prapétty without the prior approval of the Architestural Committee. Ss \ S 3.02 anton Zs & ~ Atennas may be installed and maintained ony Lot, provided they are to the greatest S easonable extent, screened from view frgtn Owners of adjacent Lots, according tog s reasonable Summit Crossing Rules to be aeeblished from time to time by the Architect?

Committee or Board.

3.01 g @ s eC “Antenna” means any exterior angetha, aerials, satellite dishes or other apparats (a) of Lo one meter or less in diameter s used to receive direct broadcast satellite ggrvice or to x receive or transmit fixed wireligs$ signals via satellite; (b) of one meter or Igas’in diameter s that is used to receive videsbrogramming services via multipoint distrig@on services or

grvice or to x receive or transmit fixed wireligs$ signals via satellite; (b) of one meter or Igas’in diameter s that is used to receive videsbrogramming services via multipoint distrig@on services or to receive or transmit fixéé wireless signals via other than satellite; OrN®) that is used to receive television broadcast signals.

rate of insurance use the cancellation of insurance on Lot or any of the 3.03 Insurance Rates. Nong shall be done or kept on the Property that would increase the Improvements locéted thereon without the prior written apprayer of the Board.

, e ® .O Oo ; 3.04 Subdividing. #83 Lot shall be further divided or subdivided, Or may any easement or other x interest ein less than the whole be conveyed by th ner thereof without the prior & written approval of the Architectural Committee; provided, however, that when Declarant Ss, is th ner thereof, Declarant may further divide subdivide any Lot and convey an 3 eagotient or other interest less than the whole, alk out the approval of the Architectural co 5 .O ey x 3.99° Signs. No sign of any kind may be er r maintained on any Lot without the consex?

in writing of the Architectural Committewexcept the following permitted signs: Ss ss \ Se (1) signs advertising the Lot fale; Se & (3) school spirit signs; On? ce ° ity si | s (4) security signs. Ss s Any sign advertising the Lot for sale by owner or by a real estate broker shall be allowed only within the Improvement through windows. Builders may advertise a new home for sale by one sign in the Front Lawn of the Lot. No permitted sign shall exceed five (5) square feet without, prior written approval of the Architecturalgtommittee. Declarant

ay advertise a new home for sale by one sign in the Front Lawn of the Lot. No permitted sign shall exceed five (5) square feet without, prior written approval of the Architecturalgtommittee. Declarant or the Architectur4bCommittee shall have the right to enter and move any unapproved sign, advertisen@nt, billboard or structure which is placed on Lot without the Declarant or the Archité@stural Committee’s consent, and in so doses, shall not be liable and is x expressly reffeved from any liability for trespass or other@ort in connection therewith, or & arising ro such removal. S ae S| 4 3.06 ClottSiines, Garbage Cans, Rubbish and Debris.cS rubbish or debris of any kind shall be SX ‘ nO nO S & = Dedfaration of Covenants, Conditions, and Restrictions s S ummit Crossing Page 5 » 27 S 3 eB N N ie = Ss °o Ss : cuz 3 - an . se Owner of the Lot.

RY Doc Bk eo S % S eS therefrom &s to render the Property or any portion Nereot unsanitary, unsightly, offensive g¥ detrimental to any other property or its pants. No clotheslines shall be Ss erected or installed on the exterior portion of any and no clothing, finens or other mee shall be aired or dried on the exterior portigQ df any Lot. All garbage cans, above- ay d storage tanks, mechanical equipment, nates, yard equipment and other similar © pans on Lots shall be located or screened so be concealed from view of neighboring, .

XLots, streets, and properly located adjacent e Lot. All rubbish, trash, and garbage shai s be stored in appropriate containers app! by the Board and shall regularly be rem | y from the Properties and shall not be allowed to accumulate thereon. If rubbish or d

bish, trash, and garbage shai s be stored in appropriate containers app! by the Board and shall regularly be rem | y from the Properties and shall not be allowed to accumulate thereon. If rubbish or d accumulates upon any Lot in violati SbF this provision in the judgment of the Assogtation, & the Association may remove the co sh or debris, and charge a special assessyt it to the oe Se 3.07 Noise. No noise or other nce shall be permitted to exist or operate fpon any portion | of the Property so as to Be offensive or detrimental to any other portiotvof the Property or to its occupants.

3.08 Lighting. No exterior {i fanting of any sort shall be installed or mai aigined on a Lot where the light source is sive or a nuisance to neighboring properBR xcept for reasonable security or landetes lighting that has the approval of the anaes Committee.

3.09 Nuisance afters Support. No noxious or offensive a ~ or work shall be conducted & upon an so as to impair the structural soundness tegrity of any Improvement on any othe? Lot, or which may be or may become an annoyance or nuisance to the neig ood. se g C e 3.10 — ir of Improvements. All Improvements Sh the Property, including any Lot, shall at > ll times be kept in good condition ne ir and adequately painted or otherwise s maintained by the Owner or Owners there. Ss se 11 Alteration or Removal of Improvgrents. Exclusive of normal maintenangss any construction or removal in connedtifn with any Improvement, which in any wast rs the S exterior appearance of said Imggovement, shall be performed only with the giior written eS approval of the Anetitesbureleepaneniies. & 3.12 Roofing Materials. The ace of all roofs of principal and secondary Sructures shall be

id Imggovement, shall be performed only with the giior written eS approval of the Anetitesbureleepaneniies. & 3.12 Roofing Materials. The ace of all roofs of principal and secondary Sructures shall be uniform throughout the Property, and shall be a material approved by the Architectural Committee. The Architectural Committee shall have authority to approve other roof treatments and materials when in its determination such treatment and materials in the form utilized will noi a detriment to the quality of the adr d.

OG 3.13 Solar Eaupmeet In the event an Owner desires to u Sar panels or other solar equipment i nnection with the use of any Lot, the \eeStion and installation design & thereof shal? be submitted to the Architectural Comm ieee and approval of such design, Ss nee e aesthetics thereof, shall be required OB construction may begin. S S S e N N N e OF oe & & ater of Covenants, Conditions, and Restrictions s S$ ummit Crossing Page 6 > 27 4 R SX Vo WV 3S 3s Bk Vol Ps dD Oo WO 3.14 Driveway. de Architectural Committee shall have th ht to impose limitations on driveway Sign, including materials, aprons, location point of contact with dedicated Ss roads, greets or private driveways within the Property.

g \ Q Q 3.15 T S. The Architectural Committee shall have the right to approve the location of any eo _. tik used or proposed in connection with a gifigle family residential structure, including tanks for storage of fuel, water, oil or LPG. 0 elevated tanks of any kind shall be Se fae s placed or permitted on any Lot). All tankgShall be screened so as not to be visible any other portion of the Property.

Qs 3 3 ° ces, 14 , . . es ’ WV 3.16 Underground Utility Lines. No yea lines, including, but not limited to, wireg Or other

gShall be screened so as not to be visible any other portion of the Property.

Qs 3 3 ° ces, 14 , . . es ’ WV 3.16 Underground Utility Lines. No yea lines, including, but not limited to, wireg Or other Xo devices for the communication.@ transmission of telephone or electric curreg#or power, < cable television or any other of line or wire shall be erected, placedsoy’ maintained © anywhere in or upon any. p6ttion of the Property unless the same shale contained in S conduit or cables install&@ and maintained underground or concealed in, under or on Improvements as approved in writing by the Architectural Committee; provided, however, that no provision hereof shall be deemed to forbid the erection of temporary power or telephone structures fncident to the construction of Improvements which have been previously approvedQr writing by the Architectural Committee. installation method, including but notJfmited to location, type of installation equipmeat, trenching method and other aspects gffistallation for both temporary and permaneyPutilities, shall be subject to review and SProval by the Architectural Committee.

3.17 Draina There shall be no interference with the established drainage patterns over any ofngghoery except by Declarant, unless adequaté}rovision is made for proper drainage S and proved by the Architectural Committee. eo Se 2 oo oe WO 3.18 Hazardous Activities. No activities shaSbe conducted on the Property and n@& "hazardous to any person or property. out limiting the generality of the foregoingYyno 3 firearms or fireworks shall be dischaghed upon the Property, and no open fires shell be co lighted or permitted on a Lot excegt@n contained barbeque units while attended eft in use

the foregoingYyno 3 firearms or fireworks shall be dischaghed upon the Property, and no open fires shell be co lighted or permitted on a Lot excegt@n contained barbeque units while attended eft in use > for cooking purposes, or within gafe and well-designed (i) interior fireplaces qi) exterior & fireplaces, or (iii) outdoor chighneys (or chimineas). we 3.19 Mining and Drilling. No s¥drilling, oil development operations, oil refing, quarrying or mining operation of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon any Lot. No derrick or other structure ona for use in boring for oil or natural gas shall be erected, maintained or permitted upon ary Lot. No well, pump, shaft, casing or other fedilities for the removal of subsurface w shall be placed or maintained on any Lofyand no boring, drilling, removal or expk@ation for subsurface water or the injection ater or waste water shall o 3.20 MachinerPand Equipment. Without the approval ofthe Association or Declarant, no » machi or equipment of any kind shall be plaged, operated or maintained upon or 3 adjagént to any Lot except such machinery or ¢tipment as is usual and customary in co ie nO we & & & Deane of Covenants, Conditions, and Restrictions Ss > ummit Crossing Page 7 » 27 R SR RK VW VW Vo a Se pi22iSin BR 1st By WV WV Lo Lo residence or gppurtenant structures or recreational facilities¢naintained by the Association; provided, 4 wever, such machinery or equipment may Ke placed, operated or maintained Ss by any,governmental or quasi-governmental agency, or by any public utility, in the 4

ntained by the Association; provided, 4 wever, such machinery or equipment may Ke placed, operated or maintained Ss by any,governmental or quasi-governmental agency, or by any public utility, in the 4 pe a mance of its legitimate functions. x & 3.21 | ah porary Structures or Out Buildings. No. uilding, tent, shack or other temporary , Ro building, improvement or structure shall jaced upon a Lot without the prior writterss® s approval of the Architectural Commi rovided, however, that the Declarant maintain or authorize temporary structufes necessary for storage of tools and equipment, and for office space for architects, gliders and foremen on a Lot during any pejted of ey actual construction, which authorizStion, if given, shall include the nature, size uration 2 N 5 . Ro and location of such structure actructures. LO & 3.22 Unsightly Articles: Vehi Sra e Doors. No trailer, recreational ve G tent, boat, or S stripped down, wrecked, iked, or wholly inoperable vehicle shall be kagt, parked, stored, or maintained on any portion of the driveway or front yard, in front of the building line of the permanent structure, and same shall be kept, parked, stored or maintained on other portions of a Lot only within an enclosed structure or a screened area which prevents the view thereof from adgent Lots or streets. No dismantling or assepfeling of motor vehicles, boats, trailers, rackeational vehicles, or other machinery or ent shall be permitted in any driveway gt yard adjacent to a street. Garage doors sKaft be kept closed at all times ie except for nable time periods when such doors a use. The Association may < establish and regulations regarding the definition gf" reasonable time periods.” se

oors sKaft be kept closed at all times ie except for nable time periods when such doors a use. The Association may < establish and regulations regarding the definition gf" reasonable time periods.” se 3.23 Mobile#omes, Travel Trailers, Recreational Vehiclegs\No mobile homes shall be parked or 3 pl on any Lot at any time. No travel traile recreational vehicles may be kept on CF & Lot unless enclosed in a garage or pa so as not to be visible from adjoining oe <property or public or private thoroughfaresshis restriction regarding travel trailers ange © recreational vehicles shall not apply to quests staying at any Lot for less than forty-eight 4 (48) hours. 4 4 3.24 Fences. Se & & of the main structure. No withstanding the foregoing, the Architect Committee is Ss empowered to waive the sidresaid limitation, in its sole discretion, suchyMaiver is advisable in order to accommodate a unique, attractive or advanced building concept design or material and the resulting decorative wall or retaining wall will not detract from the general appearance of the neighborhood, or in the case where a Lot has.a side yard which is adjacent to oe bag of an adjacent Lot. No chain-link may be built or maintained on a t. CG so oO | (B) Unlesgastherwise approved by the Architectural Cofgtfhittee or as provided below, x any fence bafit or maintained on any Lot shail be constr only of standard grade 1” by & 6” cedar Btivacy fence materials, six (6‘) feet in height with the finished (smooth) side S facin ts, or adjoining properties which are not of Summit Crossing, and the rough 3 sid fa ing the interior of any Lot. Fences may e onstructed of wrought iron material co |

e finished (smooth) side S facin ts, or adjoining properties which are not of Summit Crossing, and the rough 3 sid fa ing the interior of any Lot. Fences may e onstructed of wrought iron material co | oy upon written approval by the Architect) Committee. All wood fences shall be Ro eS & & Dein of Covenants, Conditions, and Restrictions s »s.

mmit Crossing Page 8 of 27 \ eS Ss 9° 9° . WV NS Pr Pr Doc Bk Vol Ps x co RS Ss stained on side facing streets with a stain product color to be approved by the Archi Committee. The Architectural Committeeyfay require a uniform stain color s on all fences. However, Declarant, in its sagan absolute discretion, may erect A wro iron fencing on the boundary of any L@sR and the Owner of the Lot shall be SX sible for maintenance and repair of the fence once erected. On any Lot where \° e Lot on the adjacent, connecting boundgty lines shall be wrought iron material. 3 < S .

333 Animals — Household Pets. No animals Rauding pigs, hogs, swine, poultry, wild a mais, | 3 horses, cattle, sheep, goats or any ae type of animal not considered to be a estic co household pet within the ordina aning and interpretation of such words méy kept | eS or maintained on Lot. No dgtnestic household pet shail be allowed 8 make an & unreasonable amount of noisg> or to become a nuisance, and no domestipets shall be allowed on the Property ae than on the Lot of its Owner, except confined to a leash. No animal may be stabled, maintained, kept, cared for or rded for hire or remuneration on the Property and no kennels or breeding operation shall be allowed. No

its Owner, except confined to a leash. No animal may be stabled, maintained, kept, cared for or rded for hire or remuneration on the Property and no kennels or breeding operation shall be allowed. No domestic household pet shall be allowed to run at large and all of such pets shall be kept within enclosed areas which must be clean, sanitary and reasonably {ree of refuse, insects and waste at all time "Such enclosed area shall be constructed ig&iccordance with Plans and Specifications Spproved by the Architectural Committee, shafPbe of reasonable design and constructioNto adequately contain such animals in accoftiance with the provisions ‘ be screened so as not to be visible from argtother portion of the Property. & two (2) adult dogs and two (2) adult cats@fiay be kept on a single Lot. All s domestic Household pets shall be kept in strict accOrdance with all local laws and 4 , ordinagpes. S& S OG 3.26 radhtenance of Lawns and Plantings. The Ass@tiation shall have the sole authority and . & esponsibility for all lawn, landscape, trees, Shrubs, grass and plantings of every kind o © the front portion of all Lots, from the frontdSsundary line to the front wall line of the a ” structure on each Lot (the Front Lawris}. The Association shall have, and Te y 3 granted, an easement across the Fent Lawns for the purpose of planting, ing, co irrigating (with automatic sprink(é?* systems), watering, replacing, cultivatitg and Oo shrubs, vines and plants tat die shall be promptly removed. Declaran® the Association

all other pg@tfons of such shrubs, vines and plants tat die shall be promptly removed. Declaran® the Association and the Architectural Committee shall have the right at any reasonable time, after giving not less than ten days’ notice to Owner, to cure any violation of this provision, to enter upon any Lot to replace, maintain and cultivate shrubs, trees, grags or other plantings located thereon, and. charge the cost thereof to the Owner of Lot as provided in Section 5.04(E) belay. So ® a i .O 3.27 Landscape Dastff. All landscaping shal! be designed so as &hrotect and promote, as far as practicabl the natural local landscape environment ttPough use of native materials, Ss natural dramage, indigenous plant selection and site dedign.

\ 3.28 Congtgttion and Sales Activities. Notwithstandin st provision herein to the contrary, this OF Degiaration shall not be construed so as to unregponabl interfere with or prevent normal oe nO %, eS ° °o Dewieetion of Covenants, Conditions, and Restrictions Ss oO of mit Crossing \ 3 R 9 WV Vo N s s\ 3.30 Doc Bk Vol Ps 3 R & & WO pay construction Siivities during the construction of Improvegtents by an Owner (including Dediarant)yfpon any Lot within the Property, or the sale ofery Lot thereafter. Specifically, no such,construction activities shall be deemed to tute a nuisance or a violation of this ration by reason of noise, dust, presence, @Vehies or construction machinery, g of signs or similar activities provided ‘ at such construction is pursued to .@oMipletion with reasonable diligence and confe#ins to usual construction practices in the

es or construction machinery, g of signs or similar activities provided ‘ at such construction is pursued to .@oMipletion with reasonable diligence and confe#ins to usual construction practices in the Sarea. No building material of any kind shale placed or stored upon any Lot until the Owner thereof is ready to commence Th provements, and then the material shall placed within the property lines of the LoCupon which the Improvements are to be eredhed and shall not be placed on the street gon any other part of the Property. In the eyint of any dispute regarding such matter&;the Architectural Committee may grant a tefporary waiver of the applicable provi@dn, for a period of time to be determigdd by the Architectural Committee in itssele and absolute discretion. At such time aggiie Declarant ceases using any portion e Property as a model home or sales of 2, the affected Property shall be altered avid/or remodeled, if necessary or desirable, to comply with the covenants and restrictions contained herein.

Mailboxes. Mailboxes,shall be brick or other materials approved,by the Architectural Committee, and shales located in a cluster location or locations dgfehmined by the Board.

Sight Lines. Netence, wall, hedge, or shrub planting whick@Sbstructs sight lines from streets on théProperty shall be placed or permitted to rematfon any corner Lot within the area defined*by a line drawn between two points tage (20) feet from the point of inte: ion of the street right-of-way property lines iftmediately adjacent to the Lot, as reaaogly located by the Architectural Committee, Seasurements shall be by chord, and n t c. No tree shall be permitted to remain vathin such areas, unless the foliage is ee tained at sufficient height to prevent obstaftion of such sight lines.

) s& N Lo co N Lo

shall be by chord, and n t c. No tree shall be permitted to remain vathin such areas, unless the foliage is ee tained at sufficient height to prevent obstaftion of such sight lines.

) s& N Lo co N Lo x x x 33° Garage Conversions. No garage or any pogfon thereof, may be constructed into enclose?

e RY & oO WO < 3.32 Ss 3.33 oh ° Enea of Covenants, Conditions, and Restrictions s S$ of Summit Crossing Page 10 P27 RY S > living space unless an alternative garagé of at least equal size is constructed and Architectural Committee first approygs the Plans and Specifications for conversiggh and construction in writing. ce co nN NN Recreational Amenities and gir Public Areas. Any recreational am 8s or other improvements in public area® nstructed on the Property by Declarant e Association shall be governed by ruleSand regulations for use or prohibitions againSt use established by the Board from time to time.

RY Parking and Prohibited Vehicles.

Q (a) _— Parking. Bikes shall be parked only in the garage or. a&Reway serving a Lot, or in such other p areas as have been approved by the for parking vehicles. A if it is parked on a Lot four (4) or more hours per day, four (4) or more days in any seven (7) d riod. The Board may authorize on-stree’ parking on a temporary basis for visitgfS and guests, subject to reasonable rules a ulations. Garage doors visible from ) \ SF S _ ff en Q 9° OG app street within the Properties shall remain clgsed except during ingress and egress or ..> oO ~O ‘ ant 5 oe & es es s Doc 9° 9° OG OG @ oe

SF S _ ff en Q 9° OG app street within the Properties shall remain clgsed except during ingress and egress or ..> oO ~O ‘ ant 5 oe & es es s Doc 9° 9° OG OG @ oe when the gage is actively being used by the Owner or QXcupant. No vehicles shail be parked wigifin the public or private alley right of ways. © s (b) Prohibited Vehicles. Commercial vehicles, vefiiies with commercial writing on their ey rs (excluding vehicles with lettering or loggSgonfined to the front door oneachside), icles primarily used or designed for comp@rcial purposes, tractors, mobile homes, fo recreational vehicles, trailers (either with ithout wheels), campers, camper trailers & boats and other watercraft, and boat ra sal be parked only in enclosed garages S areas, if any, designated by the Board.“ Stored vehicles and vehicles which are either 3 obviously inoperable or do not have @irrent operating licenses shall not be pera on co the Properties except within encl garages. Vehicles that become inopera hil leon & this Section, a vehicle shall bebinsidered “stored” if it is put up on blocks @tovered with & a tarpaulin and remains on licks or so covered for fourteen (14) consec days without Ss the prior approval of th rd. Notwithstanding the foregoing, sevice and delivery vehicles may be parked in the Properties during daylight hours for such period of time as | is reasonably necessary to provide service or to make a delivery to a Lot. Any vehicle | parked in violation of thys Section or parking rules promulgated by the Board may be towed by the PeSOGEON, x 3.34 Doors and Win x . No “burglar bars,” steel or wrought itd bars, or similar fixtures,

parked in violation of thys Section or parking rules promulgated by the Board may be towed by the PeSOGEON, x 3.34 Doors and Win x . No “burglar bars,” steel or wrought itd bars, or similar fixtures, whether desi@Rated to decorative, security or other pu , Shall be installed on the exterior of ay windows or doors of any dwelling. No — numerals or other writing shail Ss be written’on or placed in the doors, windows or exterior walls of any dwelling, either temporgtily or permanently, except that the Boargghay, in its discretion, permit house se nunters to be written temporarily on a single we w of a dwelling while occupants are OG ing in, provided such numbers are remov ithin seventy-two (72) hours after the tcupants have taken occupancy. Sheets ort temporary window treatments may be & used for a short time after taking ccolpareyet a dwelling, provided they are removed replaced with permanent window treatfrents within a reasonable time, not to ex 3 fourteen (14) days, after taking oc ncy of the dwelling, as determined in sole af 9 discretion of the Board. Foil al & aS be used as window coverings at any time P e 3.35 Registered Offenders. Nga shall be occupied in whole or in part by D rson who ° is a registered sex offender@ the Texas Public Sex Offender RegistrgOor any similar Ss registry in another state. S S 3.36 Compliance with Provisions of Summit Crossing Residential Restrictions. Each Owner shall comply strictly with the provisions of the Summit Crossing Residential Restrictions as the same may be amen from time to time. Failure to comply witf‘any of the Summit Crossing Residentja estrictions shall constitute a violation of Declaration, and shall give rise to a Caugé of action to recover sums due for damag injunctive relief or both, .

witf‘any of the Summit Crossing Residentja estrictions shall constitute a violation of Declaration, and shall give rise to a Caugé of action to recover sums due for damag injunctive relief or both, .

maintainable s¥Fthe Board on behalf of the Association dby any aggravated Owner. x Declarant, (96 if, its successor or assigns, reserves th ht to enforce these restrictive & by th venants within the Property. The reservatian of this right of enforcement shall 3S not an obligation of any kind to enforce the Same. ce & & S £ § , Decision L paces Conditions, and Restrictions s x WV O a“ e Page 11 oP?

S SS ro ro N N O 0 3.37 assume all the risks of the validity and enfetrteability thereof and, by acquiring the Lo s\ Doc Bk Vol 109 eo 7 we O y Ae) No Warran Enforceability. While Declarant has no reson to believe that any of the ¢$ ea ents or other terms and provisions contafied in this Article 3 or elsewhere S in this aration are or may be invalid or unenforceable for any reason or to any extent, RY e bility of any such restrictive covenants, terms or provisions. Any Owner acquiring ~ t in reliance upon one or more such restgjetive covenants, terms or provisions shall. oe s agrees to hold the Declarant harmless thetétrom. s NICLE 4 eS @ oO Residential Use. All Lots sift’ be improved and used solely for resid Sal purposes inclusive of a garage, featha, and other such improvements as necessary or customarily incident to residential use. No Owner shall occupy or use his Lot or any

d and used solely for resid Sal purposes inclusive of a garage, featha, and other such improvements as necessary or customarily incident to residential use. No Owner shall occupy or use his Lot or any Improvements constructed thereon, or permit the same or any part thereof to be occupied or used for any purpose, including religious, other than the private residence. All Lots within the Property shall be used and improved as single-family residential dwellings, with no more than one idential dwelling unit per Lot. Anythi @Rerein to the contrary notwithstanding, amy Lot may be used or improved for a seq open space and/or unreasonably @pstruct the view from any other portions of roperty, and the positioning ° of all Impregéments upon Lots within the Property is bgteby expressly made subject to s Architectural Committee review. The Architectural Committee may, but shall not be A requireg Yo, prevent or allow the construction of a p; Dosed Improvement based upon the x effet will have upon the view from any particula@&kot. The Architectural Committee may VJ cagsider the effect the Improvement will hay@on the Property as a whole, it being . oe expressly understood that neither the Archi ral Committee nor the members thereo shall be liable to any Owner in monetary gatiages or otherwise due to the constructio 4.02 Y % Bp 4.03 Dect of Si A se 3 cS mit Crossing any Improvement within the Property or creating thereby of an obstruction to the view from such Owner's Lot or Lots. ge > eX OG Garages. No Lot shall have Imprgyements erected which do not provide for asWo-vehicle garage, except that the Architggtural Committee may grant variances to pexgnt an Owner

r's Lot or Lots. ge > eX OG Garages. No Lot shall have Imprgyements erected which do not provide for asWo-vehicle garage, except that the Architggtural Committee may grant variances to pexgnt an Owner shall have additional detai ve and beyond standard panel garage doors, in accordance with standards to be established from time to time by the Architectural Committee.

Garages may not be converted or used for occupancy by Owners or other occupants, or any other purpose other than storage of vehicles, equipment or othe incidental related property. R Se co Building Height. Bo Improvement greater than thirty-two, (3) feet in height may be ® og constructed onjefly Lot without the prior written approval offre Architectural Committee. & For purpo: this paragraph, height shail be measu m the foundation slab of the s proposed Tprovement to the ridgeline of the roof of ¥ proposed Improvement. A se x R Ns oe od x Oo on of Covenants, Conditions, and Restrictions Ss se N . N 2 we A \ Doc B OG ©C 1 Ro OS .O WO 4.04 Building Matgfals: Dwelling Size; Chimney Construction. & All single Pai dwellings shall be of recognized sed construction quality, and all 4 exterjgns (exclusive of doors, windows and similar gp nings) shail be constructed with a R migfrium of 60% masonry or other material Specifically approved in writing by the VY Athitectural Committee. Masonry includes, ecco, brick, rock and all other materials |?

SGommonly referred to in the College StatiorgSTexas area as masonry. Masonry does nose s include concrete hardy-board siding. U an exception is granted by the architechut Committee, all single family dwellings shall contain no less than 1,540 square feet of

as masonry. Masonry does nose s include concrete hardy-board siding. U an exception is granted by the architechut Committee, all single family dwellings shall contain no less than 1,540 square feet of R enclosed living space, exclusive of al ches (open or covered), decks and garagesS‘Each WV residence shall include an encloseé ittached garage or other structure suffici meet . oe the requirements of Sections 3,22 and 4.02 above. A minimum of 8 and 12-x0df pitch is Xe required on all dwellings or oa buildings. All roofs shall be the same cokgtSand shall be © composed of 30 year dim nsdnal shingles to match current and existing (60s. Chimneys S are subject to approval e Architectural Committee.

4.05 Construction in Place. The use of prefabricated materials shall be allowed only with the prior written aint J the Architectural Committee. 3 4.06 Party Walls. Pa Gralls shail exist along the interior lot line of Soh Lot where the original construction of oh residence is located. Party walls in Sum rossing shall be governed .

by the followsig: & & y S$ s (A) a Rules. Each wall which is built as a » of the original construction of a fescence upon the Property and placed on tgédividing line between the Lots shall 3 VY constitute a party wall and, to the ocent finan with the provisions of this VY oe section, the general rules of law regas@ g party walls and liability for property — oe & damage due to negligence or willfuacts or omissions shall apply thereto. Tha ss owner of a residence shail not cut ugh or make any penetration through a pad?

S wall for any purpose whatsoever?

gS 3 a ce (B) Sharing of Repair and Maint@wance. The cost of reasonable repair and maqjrenance RC of a party wall shall be gaared by the Owners who make use of the well in equal & proportions. & ww & & ©

3 a ce (B) Sharing of Repair and Maint@wance. The cost of reasonable repair and maqjrenance RC of a party wall shall be gaared by the Owners who make use of the well in equal & proportions. & ww & & © S (C) Destruction by Fir®6r Other Casualty. If a party wall is destroys or damaged by fire or other casualty, then, to the extent that such damage is not covered by insurance and repaired out of the proceeds of same, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, either because theygfhare the wall along a boundary line or thay own Lots within the group of ched residences where the damaged w. as located, they shall contribus@to the cost of restoration thereof in equal pesos, without prejudice, .

or ete of the others under any rule of law regarding liability for negligent or willful & acts or omissions. S \ 3 3 (DY Weather roofing. Notwithstanding any otg&provision of this Article, to the extent <9 2 that such damage is not covered and paitby the insurance provided for herein, an eS | Deasptation of Covenants, Conditions, and Restrictions s < of Summit Crossing Page 13 of 27 3 3 3 9 9° 9 NS NS WV 3 3 oi22iso0 BK 128f1 B89 e oo Owne&ivho by his negligent or willful act causes thejsarty wall to be exposed to the elements shall bear the whole cost of furnishing fie necessary protection against S su elements. A 4 Q 9 8 QC Righ ntribution Runs with Land. Th&fight of any Owner to contribution from .V .o° any other Owner under this Article shaltBe appurtenant to the land and shall pass. 6?

& to such Owner's successors in title. $ }

Runs with Land. Th&fight of any Owner to contribution from .V .o° any other Owner under this Article shaltBe appurtenant to the land and shall pass. 6?

& to such Owner's successors in title. $ } (F) Insurance. Each Owner of Lot a be required to keep and maintain an insu Ne 3 policy insuring against loss fo, and other casualty in an amount equal to. st x VY its total property value a sed by the Brazos County Centra! Apprai istrict, O or such other amount age Board may determine and declare annualk@by written & notice published on agg lic website or delivered by U.S. mail to ean Owner. | S 4.07 Setback Requirements. Building setbacks shall be in compliance witiNthe most current edition of the City of College Station’s Unified Development Ordinance.

ARTICLE 5 A sumysit CROSSING OWNERS ASSOCIATIONS 5.01 Organization. Ie Declarant has caused, or will cause the foumation and incorporation of the Associati§f¥ as a nonprofit corporation created for urposes, charged with the & duties, an ed with the powers prescribed by law or g@t forth in its Articles and Bylaws Ss or in thi aration. Neither the Articles nor Bylaws,shall for any reason be amended or 4 othe changed or interpreted so as to be inconstent with this Declaration. Se ©O OG 5.02 bership. Any Person or entity upon beco) Ng an Owner shail automatically become | oO & property interest, which qualifies the Ow ereof for membership, and membership S not be severed from, or in anyway transferred, pledged, mortgaged, or alienated except | S_together with title to the said propertg‘nterest. 3 SX co 9° ‘ > 5.03 Voting Rights. The right to ca motes and the number of votes which may. cast, for

red, pledged, mortgaged, or alienated except | S_together with title to the said propertg‘nterest. 3 SX co 9° ‘ > 5.03 Voting Rights. The right to ca motes and the number of votes which may. cast, for x Voting Rights sk & election of directors to the Bogictt and on all other matters to be voted on bydtie Members Ss shall be calculated as follow? s (A) The Owner, whether one or more (including Declarant), of each Lot within the Property shall have one vote for each Lot so owned. In addition, Declarant shall have one vote for each lot reflected on the preliminary plats of the portions of the Property which have not been platted. Q x OG OG (B) In addition tthe votes to which Declarant is entitled by gSson of Subparagraph (A) of this Sean, for every such vote, Declarant shall haveg@ree (3) additional votes until x such ti s the votes described in Subparagraph (A is section, owned by Owners Ss other Wian Declarant, total in the aggregate (90%) of the total number of votes oO nding under Subparagraph (A) (the “Transigpn Date”). Thereafter Declarant shall 3S wW have votes if any, to which it is entitled aaer Subparagraph (A) of this section. OF < & & tion of Covenants, Conditions, and Restrictions s o of SGmmit Crossing Page 14. of 27 Qs Qs S 9° 9° 9° OG OG OG eS > oe m Doc Bk Vol xd od , 5.04 Powers and AShority of the Association. The Association sia have the powers of a Texas LS nonprofit egfporation, subject only to any limitations upeyr the exercise of its power as are S exp) set forth in this Declaration. Without in any way limiting the generality of the two A preceditg sentences, the Association, and the Boag cting on behalf of the Association, x shaf-have the following powers at all times: a —

in any way limiting the generality of the two A preceditg sentences, the Association, and the Boag cting on behalf of the Association, x shaf-have the following powers at all times: a — SA) Summit Crossing Rules and Bylaws. $8 make, establish and promulgate, and in i Ss discretion to amend or repeal re-enact, such Summit Crossing Rules Bylaws, not in conflict with this aration, as it deems proper to address any ahd Qs all aspects of its functions, Je Association shall have the authority to lish e committees pertaining only‘ specific sections of Summit Crossing. Any ittee, . oe which elects to ney particular section, shall have the power-t@ establish © oversight. Any sugtsection rules may be more restrictive thaPthe provisions S hereof, but shall met be less restrictive.

(B) Insurance. To obtain and maintain in effect policies of insurance which, in the opinion of the, Board, are reasonably necessary or apprepriate to carry out Association fuftctions. SX (C) Recorgeeo keep books and records of the ASCOT affairs. & (D) AssgSments. To levy Assessments as providedyptArticle 7 below. s (E) Pant of Entry and Enforcement. To enter gary time in an emergency, or in a ey iftén n VY non-emergency, after ten (10) days’ w otice, without being liable to any VY ve Owner, upon any Lot and into any sroveent thereon for the purpose of | oe enforcing the Summit Crossing Regtential Restrictions or for the purpose of © erecting, maintaining or repairin YY Improvement to conform to the Sum S Crossing Residential Restrictions“and the expense incurred by the Associatiofrin

n YY Improvement to conform to the Sum S Crossing Residential Restrictions“and the expense incurred by the Associatiofrin & the same manner an @ same extent as provided in Article 7 hemedt for regular Ss time to time, in itS}own name and on its own behaif, or in theQiames of and on behaif of any Owner who consents thereto, to commence and maintain actions and suits to enforce, by mandatory injunction or otherwise, or to restrain and enjoin, any breach or threatened breach of the Summit Crossing Residential Restrictions.

The Associate is also authorized to settle claims, enfo Ss and take all such action as fl ay deem necessary or expedient to enf the Summit Crossing Residentigt’ Restrictions; provided, however, that, Board shall never be authoxged to expend any Association funds for the petpose of bringing suit against Degefant, its successors or assigns. Ss s (F) es. To levy and collect fines against Ownes$for any violation of the Declaration 3S & written notice of such violation as provide in section 9.04. Fines may be assessed Ro & = & Degifation of Covenants, Conditions, and Restrictions s o of Stmmit Crossing Page 15. of 27 gS Qs 3 9 9° 9 WV WV WV 4 4 01228600 BR i240 fas Ss x Se Ro repeatedly for continuous violations. Fines shal uniform according to a fine ule to be established from time to time ral Board. s

Qs 3 9 9° 9 WV WV WV 4 4 01228600 BR i240 fas Ss x Se Ro repeatedly for continuous violations. Fines shal uniform according to a fine ule to be established from time to time ral Board. s (6), Sena and Accounting Services. To retain angpay for legal and accounting services se necessary or proper for the operation o Association.

StH Delegation to Committees. To set ugdhe or more committees as authorized by the 3 (H Employees. To engage s' uch npoyees as may be reasonably necessagh the | e management of the “es on and the performance of its duties. WV +B oe N & (J) Agreements with Thirk P rties and other Associations. To agree wit third parties & or other property er associations for use by Owners of nities such as S swimming pools, eb houses, and other benefits, and to enter iNto agreements to merge into other associations as allowed by law.

5.05 Landscape and Maintenance. The Association shall be authorized ta landscape, maintain and repair casemeige inage structure areas, rights-of-way, en ays, sidewalks, paths, trails, detention fel ities, waterfall pumps, irrigation equipmet, water wells, entrance buildings, and other areas of the Property, as appropriat®’ Without limitation, the Association maintain the Front Lawns and the automagt sprinkler system in the Front 9 Lawns. s Ss s 5.06 Association Duties. Q Q C eo eo ; Subject to and in accordance with this aration, the Association, acting through , oe & the Board, shall have the rotowing & © < S (1) To accept, own, operats nd maintain all property, real and Pe % 3 conveyed or leased to pe Association by Declarant; and to mainta co repair and condition eflands, Improvements, and other Associatigrt en

accept, own, operats nd maintain all property, real and Pe % 3 conveyed or leased to pe Association by Declarant; and to mainta co repair and condition eflands, Improvements, and other Associatigrt en > owned by or leases to the Association, whether by Dedarantg? by other & Persons. & & (2) To pay at’ Teal and personal property taxes and Sher taxes and assessments levied upon or with respect to any property owned by or leased to the Association, to the extent that such taxes and assessments are not | levied directly upon individual Members of the Association. The Association shall all rights granted by law to contest the |g ity and the amount of s taxes and assessments.

(3) roe execute mortgages, both construction a rmanent, for construction & Ss of Improvements on property owned r leased to the Association. s Financing may be effected through con ntional mortgages or deeds of 3 trust, the issuance and sale of develogjtent or other bonds, or in any other ge co form or manner deemed appropriat@By the borrower, whether Declarant or VJ S the Association. The mortgage. @ other security interest given to secure LO x x & 9 9° © Dogfation of Covenants, Conditions, and Restrictions © S of Simmit Crossing Page 16 of 27 FS ge x GO OG OG A Doc Bk Vol Pa ey Oo Srepayment of any debt may consist of a firgS second or other junior lien, as Ss deemed appropriate by borrower, whethg? Declarant or the Association, on s RY the Improvements to be constructed, together with such underlying and RY } surrounding lands as the borrower items appropriate. The debt secured & VY by such mortgage or other sec instrument may be retired from and > . oe secured by the revenues generated by dues, use fees, assessment of...

s as the borrower items appropriate. The debt secured & VY by such mortgage or other sec instrument may be retired from and > . oe secured by the revenues generated by dues, use fees, assessment of...

& Members, or otherwise, or combination thereof, as may be deem Ss appropriate by Declarant athe Association, as the case may be, but subjgt 4 to the limitations imposed by this Declaration. 4 R ee (B) In addition to, and not i lfontation of, the power and authority of the &Sociation Ry as set forth in Section 5% of this Declaration, the Association, actingfhrough the & Board, shall have theg@ewer and authority: & S$ < Ss (1) To grant and convey portions of Association property, Yacluding fee title, leasehold estates, easements, right-of-way, and/or mortgages, to any person or entity for the purpose of constructing, erecting, operating or maintaiging the following: 3 co . o (a Parks, parkways, or other recreational fpefities or structures; .

ge Roads, streets, walks, driveways, wis and paths; Ry S (c) Lines, cables, wires, conduits, Ripelines or other means of providing S| Se utilities; R k C © VY . S (d) Sewers, water systemse@torm water drainage systems, sprinkler , oe & systems and pipelinesand/or s S$ Pal (e) Any similar pubje ua public or private Improvements. .

R S&F Nothing contained in this age rsuraph, however, shall be construed to geFinit use > or occupancy of any Improvemént in a way that would violate applicable use and & occupancy restrictions im by other provisions of this Declaration, or RPany statute, & rule, regulation, ordinance t other law of any governmental entity, sePucing but not Ss limited to rules and orders of the Texas Water Development Board, Texas Water Commission, Texas Commission on Environmental Quality (“TCEQ”) and any flood plain,

vernmental entity, sePucing but not Ss limited to rules and orders of the Texas Water Development Board, Texas Water Commission, Texas Commission on Environmental Quality (“TCEQ”) and any flood plain, industrial waste or other ordinance of the City of College Station.

(2) To paydr water, sewer, garbage removal, landscaysing, gardening and all Oo ilities, services and maintenance for the property of the Association, oon city-owned parks, parkways, entranceyays, or street rights of way .

s@yhich the Association desires to maintain org$ay for, in the best interest of & s the Association and the aesthetic appear. of the subdivision as a whole. Ss $) To pay for any other services necesaghy or proper in the performance of xy co Association functions, and to pay f@any other taxes or assessments that VW S the Association or the Board is & ired to secure or to pay for, pursuant ar < s $ Dogg Ston of Covenants, Conditions, and Restrictions s s x immit Crossing 4 Page ie 27 oS > 2 < “oo 5.07 Sesociated therewith, for any agreement reagred by the Declarant.

SY x08 S oO Oo se cS se Oo Oo owPplicable law, the terms of this Declaration the Articles or Bylaws of the x Association. Ss S ®) To own and operate any and all tyes of facilities for both active and ry VY passive recreation, and to establistfrules, regulations, fees, and permits for VY oe the use of such facilities as theBdard in its discretion deems appropriate. _ oe (5) To construct new Improvgents or additions to Association properti o subject to the approval 0 e Architectural Committee as required a is Declaration. RX & (6) To enter into consficts with Declarant and other persons, with@dch terms and provisiong@s the Board shall determine, to provide Oy service or

itectural Committee as required a is Declaration. RX & (6) To enter into consficts with Declarant and other persons, with@dch terms and provisiong@s the Board shall determine, to provide Oy service or with the p of the Association.

Doc Bk Vol (7) To acquire and own and to dispose of all manner of real and personal property whether by purchase, grant, lease, gift or gtherwise.

R R Agreement with . of College Station, State of Texas, an Coun of Brazos. The Declarant, as the-agent of the Association, or the Association ¢jfay enter into one or more agreements ith the City of College Station or State o as or Brazos County, with rights of Way, or (2) the dedication of any drainage, basin, park within the property for mune maintenance, or (ii) with the City of Colleg station with respect to landscaping 3 a faintenance of portions of utility easement e Association shall accept, without eo er requirement or documentation, said agrgement and the requirements and benefits — oe FS Oo < Indemnification. The Association shall Wdemnify any director, officer, or member Pa committee duly appointed pursuant tefhe Articles or Bylaws who by reason of the that such person is or was a director, offer or member of such a committee of the Agg@ciation was, is, or is threatened to bedmade, a named defendant or responde (i) any threatened, pending, or co ted action, suit or proceeding, whether sgvil, criminal, administrative, arbitrative e& investigative, (ii) any appeal in such angaction, suit, or proceeding, and (iii) any iajuiry or investigation that could lead to such action, suit, or

r sgvil, criminal, administrative, arbitrative e& investigative, (ii) any appeal in such angaction, suit, or proceeding, and (iii) any iajuiry or investigation that could lead to such action, suit, or proceeding (hereinafter a "Proceeding"), and against all judgments, penalties (including excise and similar taxes), fines, settlements, and reasonable expenses actually incurred by the person in ont Cough with any such Proceeding to the fullest extent permitted by the Texas Non-Profit tion Act, as amended and in effect fr ime to time. Such authorization of i nification shall be deemed to be mandato dd deemed to constitute authorization of demnification and advancement of ex to the fullest extent 3 < ae S& So & N nN N Deoffration of Covenants, Conditions, and Restrictions s of Summ y it Crossing RY Page 18 > 27 & cS N N - £& A p Bk OY N N O 0 & ARTICLE 6 & Ss ARCHITECTURAL COMMITTEES S 6.01 Mem ip of Archi ral Committee. The Archiagtural Committee shall consist of not xy m an three (3) voting members ("Voting Embers”) and such additional nonvoting ! bers serving in an advisory capacity ("A ry Members”) as the Voting Members . oe Wieem appropriate. The following persons reby designated as the Voting Members s of the Architectural Committee: David ardo, Mark Scarmardo, and Greg Scarmarde: e be decided by a majority vote of {Ke Voting Members. Vo & 6.03 Advisory Members. The Vorgty Members may from time to time desigtte Advisory | Ss Members. Ss s : 6.04 Term. Each member of the Architectural Committee shall hold office until such time as he

o & 6.03 Advisory Members. The Vorgty Members may from time to time desigtte Advisory | Ss Members. Ss s : 6.04 Term. Each member of the Architectural Committee shall hold office until such time as he or she has resigned or has been removed or his or her successor has been appointed as provided herein. A A R R 6.05 Declarant's Righ SE intment. Until the Transition Date as. defined in Section 5.03(B), Declarant, its sugtessors or assigns shall have the right to agpéint and remove all Voting Ls Members of Se Architectural Committee, which pers need not be drawn from & Assocation embers Notwithstanding the preceding ence, Declarant may delegate s its right of appointment, or any portion thereof, to the Bdard by written instrument before such . Whenever the Transition Date occurs, cya, the Board shail have the right xy to int all Voting Members. At such time a Board gains the right to appoint and VY Majority of the Voting Members so appoigted shall be drawn from Members of thax © Association. Advisory Members shall, wheaeasonably possible, be drawn from Mem of the Association. 4 %.06 Adoption of Rules. The Architagfival Committee may adopt such proced fal and RC substantive rules, not in conflictypth this Declaration, as it deems necessary roper for & the performance of its dutiesgg@ftluding but not limited to a building code ge re code, a oe housing code, and other sinpflar codes. © S Ss S 6.07 Review of Proposed Construction. Whenever in this Declaration the approval of the Architectural Committee is required, the Architectural Committee shall have the right to consider all of the Plans and Specifications for the Improvement or praposal in question and

he approval of the Architectural Committee is required, the Architectural Committee shall have the right to consider all of the Plans and Specifications for the Improvement or praposal in question and all other facts that, i sole and absolute discretion, are eee cept as otherwise | specifically provi herein, prior to the commencement of, &fiy construction of any | Improvement he Property or any portion thereof, inqtiding without limitation, .

alterations, ragtédeling, repairs or modifications, the Plans Specifications therefor shall x be submitteg%o the Architectural Committee, and con ion thereof or other work may & not commefce unless and until the Architectural Committee has approved such Plans and S Specifiggtions. Until receipt by the Architectural Com@pitee of any information or document 3 dee necessary by the Architectural CommitteeOit may postpone review of any Plans Su | ang'Specifications submitted for approval. Upgareceipt of all necessary information, the Ro | | | x x x Degree of Covenants, Conditions, and Restrictions Ss > of Sammit Crossing Page 19 of “27 \ 3 x Sx 9 WV WV VY RY “\ Doc Bk Vol g GR ar27i5h0 oR 12511 ibe 9 VY we oF oe Architectur mmittee shall consider and act upon any Shd all Plans and Specifications submi r its approval pursuant to this Dears perform such other related s duties assigned or authorized by this Declaration, we uding at its option inspection of 4 ith previously approved Plans and conse ion in progress to assure its conforman x Spéifications. The Architectural Committee shiv ave the express authority to perform VU Covenant herein that may be vague, indefi@tte, uncertain or capable of more than on

s authority to perform VU Covenant herein that may be vague, indefi@tte, uncertain or capable of more than on < construction. The Architectural Commi may, in its review of Plans and Specificati ~) and such other information as it dééms proper, consider whether any pro; S Improvement upon a Lot would unregBonably obstruct the view from other portiongdf the co Property. The Architectural Comdtice may, but shall not be required to, di e any 0 eS Improvement upon any Lot tha@Wwould unreasonably obstruct the view from? any other S Ss portion of the Property. No Igsrovement shall be allowed on any Lot whick’s of such size or architectural design or. iMoives the use of such landscaping, color gsHemes, exterior | finishes and materials sad similar features as to be incompatib> with residential development within the Property and the surrounding area. Conformity of colors and materials within the Property is necessary, and no Owner may alter any colors or materials of doors, brick, masonry, roofing materials, fences, or other featurgs without approval of the Architectural Ca®rittee. The Architectural Committee shalQhave the authority to disapprove any pheposed Improvement based upon the ctions set forth in the preceding sentafte and the decision of the Architectural Gofhmittee shall be final and ie binding so IggQ as it is made in good faith. The Architggtural Committee shall not be & responsiblecror reviewing any proposed Improvement, shall its approval of any Plans s and Specifications be deemed an endorsement, from the standpoint of structural safety, engingghing soundness, or conformance with buildigg r other codes not of its authorship. SX 7 OG

l of any Plans s and Specifications be deemed an endorsement, from the standpoint of structural safety, engingghing soundness, or conformance with buildigg r other codes not of its authorship. SX 7 OG 6.08 ns of the Architectural Committee. The Shitectural Committee may, by resolution . oe & on its behalf to take any action or perfo Y duties for and on behalf of the Archi Committee. In the absence of such desi}fation, the vote of a majority of all the memBers of the Architectural Committee takeg\without a meeting shall constitute an act the Se Architectural Committee. co G ~B “i eS 6.09 No Waiver of Future Anprovay? The approval or consent of the Architectyigit Committee of any Plans and Specificatic®: for any work done or proposed, or in conection with any other matter requiring theapproval or consent of the Architectural Committee, shall notbe deemed to constitute a waiver of any right to withhold approval or consent as to any other Plans and Specifications, or other matter whatever, subsequently or additionally submitted for approval or conseng by the same or a different person. 4 R 8 6.10 Work in Progress. The Architectural Committee may at its option inspect all work in progress to insue*compliance with approved Plans and Speqfations.

6.11 No Hep iG Architectural Committee Members. Neith rie Architectural Committee nor s any member thereof shall be liable to the Association ae to any Owner or to any other person far any loss, damage or injury arising out of tir being in any way connected with 3 the rmance of the Architectural Committee's @Rties under this Declaration unless due e tape willful misconduct or bad faith of the Archipctural Committee or its members, as the & °S s §

nnected with 3 the rmance of the Architectural Committee's @Rties under this Declaration unless due e tape willful misconduct or bad faith of the Archipctural Committee or its members, as the & °S s § pees of Covenants, Conditions, and Restrictions Ss >.

5 mmit Crossing RN Page ¢ 27 Q Q SS oe e OD 2 @ ” Doc Bk Vol Ps R 9° Na ~ ae oe case may bes Neither the Architectural Committee nor a ember thereof shall be liable to any r due to the construction of any Improvesfents within the Property, or the s creation reby of any obstruction of the view from such Owner's Lot or Lots. A R ~ 01, Bryan, TX 77803, or in care of such r person at such other address as may Ss designated by Declarant or the Board, ass @ case may be, from time to time. s Q re) ° 6.12 acts Plans and Specifications shall be submitfeti to the Architectural Committee incare © ce fails to approve or disapprove a ans and Specifications within ten (10) dayha r the | Ry same have been submitted toi complete with all other information req by the & Architectural Committee in og@ection with such submission, approval shat assumed.

y 6.14 Variances. Notwithstandiy any other provision of this Declaration, ®Porder to prevent undue hardship upon the Owner or Owners of any individual Lot or Lots upon the Property, variance from any restrictions set out in this Declaration may be granted by a unanimous decision of the Architectural Committee in a written instrument to be duly acknowledged, if and when such ay y@tiance shall ever be granted. Se

t in this Declaration may be granted by a unanimous decision of the Architectural Committee in a written instrument to be duly acknowledged, if and when such ay y@tiance shall ever be granted. Se 6.15 Governmental Agency Approval. Nothing in this Declaration all be construed to relieve any Owner fig securing such approvals, certificates andr permits as may be required & by law in cathection with the construction of any Imprayements on any Lot. Ss 6.16 Relatigg hip with Association. The Architectural ittee has been created pursuant to se val of Plans and Specifications for ImPovements built on the Property. The. oe & unless and until (i) the Board shall have d typpointed a majority of Board members to < Architectural Committee, and (ii) the Board shall by unanimous resolution, duly recor S in the records of the Association, make the Architectural Committee a committea iF the co Board in accordance with the TexagWon-Profit Corporation Act. G & x <O ARTICLE 7 we ra S AND ASSESSMENTS Ss 7.01 Assessments.

(A) The Association may from time to time levy Assessments against each Lot whether or not improved. The level of Assessments shall be equal niform between all Lots, provided, however, that no Assessments hereunqée Shall be levied against Declarant LO ; (B) Whe the obligation to pay an Assessment first arses after the commencement of s the3ear or other period for which the Assessmertwas levied, the Assessment shall ge prorated as of the date when said obligation first arose in proportion to the 3S (amount of the Assessment year or ober od remaining after said date. OF eo & & & &

twas levied, the Assessment shall ge prorated as of the date when said obligation first arose in proportion to the 3S (amount of the Assessment year or ober od remaining after said date. OF eo & & & & tion of Covenants, Conditions, and Restrictions s s of mit Crossing Page 21 Le 27 \ 3 Q Doc Bk Vol Ps co 9° WV > ad oO (C) Each$hipaid Assessment together with such inter ereon and costs of collection refer as hereinafter provided, shall be the persdnal obligation of the owner of the s so against which the Assessment falls due, and shall become a lien against each R ch Lot and all Improvements hereon. Tee sociation may enforce payment of & VY such Assessments in accordance with thé provisions of this Article. > —e oO We 7.02 Maintenance Fund. The Board shall esta s @ maintenance fund into which shall bes & deposited all monies paid to the Associati@t and from which disbursements shall be S in performing the functions of the Assotiation under this Declaration. The funds of the s\ Association must be used solely for pighoses authorized by this Declaration, as it meRy m CS time to time be amended. A > & Ni .O & 7.03 Initial Assessment. At the tingeSt purchase of a lot, a new Owner other th $ builder who intends to develop the Igueshall pay to the Association an initial ssment to the Association equal to $20080 to defray costs to the Association, establi reserves, and to partially reimburse Declarant for sums advanced on behalf of the Association prior to creation of the Association and the filing of this Declaration. The Association shall reimburse Declarant fay such sums as initial assessments are received.

R 7.04 Regular Annual Ss ments. Prior to the beginning of each geal year, the Board shall

this Declaration. The Association shall reimburse Declarant fay such sums as initial assessments are received.

R 7.04 Regular Annual Ss ments. Prior to the beginning of each geal year, the Board shall estimate the exp@iises to be incurred by the Association during Such year in performing its ‘, functions ung@? this Declaration, including but not limit the cost of ail entry ways, & landscapi reenbelts, median strip, and right-of-way Rgintenance, the cost of enforcing se this Declaration, and a reasonable provision for contingefcies and appropriate replacement 4 reserve) less any expected income and any lus from the prior year's funds. x ments sufficient to pay such estimated n penses shall then be jevied as herein VY pevided, and the level of Assessments set by = Board shall be final and binding so tong , oe Ss it is made in good faith. If the sums gOllected prove inadequate for any reasons & including nonpayment of any individual ment, the Association may at any time, ae from time to time levy further Assessmérits in the same manner as aforesaid. All such co fiscal year or during the fiscal year @Pequal monthly or quarterly installments oné before cS and absolute discretion. Any er who purchases a lot with the intent to aestiop it, shall °O pay such regular assessme the Association within 90 days of the purgiase of such lot, 7.05 Special Assessments. In addition to the regular annual Assessments provided for above, the Board may levy special Assessments whenever in the Board's pinion such special

the Board may designate.

7.05 Special Assessments. In addition to the regular annual Assessments provided for above, the Board may levy special Assessments whenever in the Board's pinion such special Assessments are necessary to enable the Board to carry out the magstory functions of the Association under Declaration. The amount and due date afGny special Assessments shall be at the regBonable discretion of the Board. Lo & & x 7.06 Quwner's Penal Obligation for Payment of Assess . The regular and special s Assessmef® provided for herein shall be the personal aNd individual debt of the owner of the Lotovered by such assessments. Except as rwise provided in Section 7.01(A) 3S her o Owner may exempt himself from liabilitgfdr such Assessments. In the event of OF | defgu t in the payment of any such Assessment, he owner of the Lot shall be obligated to . oe Degieon of Covenants, Conditions, and Restrictions s s of nit Crossing « Page 22 & 27 ge x SR CG C CG > 3 2 © N O a“ x RS 8.01 ° °o Deciaton of Covenants, Conditions, and Restrictions s ys of SOmmit Crossing RY Page 23 & 27 A Vol Pg x x WV ae @ e CO + pay interest $F the highest rate allowed by applicable ugsty laws then in effect on the amount gf fhe Assessment from due date thereof (or if gre is no such highest rate, then at the raté of 1-1/2% per month), together with al costs and expenses of collection, inclugig reasonable attorney's fees. } OC © provided in Section 5.04, shall, together. interest as provided in Section 7.05 h and the cost of collection, including a ey's fees as herein provided, thereupon become a continuing lien and charge on the k®t covered by such Assessment or fine, whige shall bind such Lot in the hands of €dwner, and such Owner's heirs, devisees personal

erein provided, thereupon become a continuing lien and charge on the k®t covered by such Assessment or fine, whige shall bind such Lot in the hands of €dwner, and such Owner's heirs, devisees personal representatives, successors or ns. The aforesaid lien shail be superior to @Pother liens and charges against the saidst, except only for tax liens and all sums uapaid on a first mortgage lien or first d of trust filed of record, securing in ei nstance sums borrowed for the acquisitish or improvement of the Lot in question. Th® Association shall have the power to subordinate the aforesaid Assessment and Fine lien to any other lien.

Such power shall be entirely discretionary with the Board and an officer of the Association, duly authorized by Board, shali effectuate such subordinatign. To evidence an Assessment and Fin , the Association may prepare a written fice of Assessment and Fine lien setting fgrtn the amount of the unpaid indebtedness, name of the Owner of the Lot covered: such lien, and a description of the Lot. wi notice shall be signed by office of unty Clerk of Brazos County, Texas. Su n for payment of Assessments or Fines shail attach with the priority above set forth from the date such payment becomes delin UBht, and may be enforced subsequent to they cording of a notice of Assessment and @ne lien as provided above, by the forecl of the defaulting Owner's Lot by the jation in like manner as a mortgage on reatProperty, or the Association may institute .

Doc Bk s se 7.07 | Sessment and Fine Lien and Foreclosure. AlkSums assessed in the manner provided in, O° is Article but not paid by the Owner, and ff fines assessed by the Board in the manne N oe

11 111 s se 7.07 | Sessment and Fine Lien and Foreclosure. AlkSums assessed in the manner provided in, O° is Article but not paid by the Owner, and ff fines assessed by the Board in the manne N oe vit against the Owner personally obligate&to pay the Assessment or Fine and/or for& & reclosure of the aforesaid lien judicially. @any foreclosure proceeding, whether judg or not judicial, the Owner shall be requitéd to pay the costs, expenses, and reasonable attorney's fees incurred by the Associagn. The Association shall have the power t x on the property at foreclosure or other Bal sale and to acquire, hold, lease, mortgagé onvey or otherwise deal with the same: Upon the written request of any Mortgagee, the Association shall report to saigitbrtgagee the status of any Assessments ongfines relating to the Mortgagee's mortgaggand remaining unpaid for longer than thirye®30) days after due.

ARTICLE 8 EASEMENTS 3 ge Sal dedications, limitations, restrictions, agreservations shown on i! or any portion of the Property and alksrants and dedications of -of-way, restrictions, and related ct by Declarant prior to the ing subject to this Declaration, are inco ted herein by reference and of this Declaration for all purposes as if fulty set forth herein, and shall be construgsas being adopted in each and every con . deed or conveyance executed or to beg uted by or on behalf of Declarant conve any part of the Property. Declarant alggreserves and declares a maintenance and ik ation easement for the Association on oO 7 CS x se af N .

°O 2 - £& s 8.03 3 s 8.05 Wo > Doc Bk Vol 9 ° » NS ey oO and across ge Front Lawn of each Lot, although fee ti hall remain in each Owner.

Declarant yfServes the right to make changes in and ad@ttions to the said easements and S

9 ° » NS ey oO and across ge Front Lawn of each Lot, although fee ti hall remain in each Owner.

Declarant yfServes the right to make changes in and ad@ttions to the said easements and S rights-of-way for the purpose of most effectively, or ntly and economically developing and eting the Property. Further, Declarant rese es the right, without the necessity 3S of\ffe joinder of any owner or other person entity, to grant, dedicate, reserve or C ility purposes (including, without limitatios$gas, cable, water, electricity, telephone ang?

drainage), in favor of any person or entitgy along and on either or both sides of any Le line, any such easement having a maxintam width of five feet (5") on each side of anypYot line. S 3 S co Installation and Maintenance. ments for installation and maintenance afPtilities and drainage facilities are reserugéras shown on the recorded plat. Within easements, if any, no structure or 0 material shall be placed or permitted to re@ain which may damage or interfere wi e installation and maintenance of utilitiesor in the case of drainage easements, which may change the direction or flow of water through drainage channels in such easements. The easement area of each Lot, if any, and all Improvements in such area shall be maintained continuously by the Owner of nas Lot, except for those Improvements for wh a public authority or utility company is nsible and except for the Front Lawns, Neither Declarant nor any utility company ysi g the easements herein or referred to fall be liable for any damages done by the or their assigns, agents, employees, $s servants to shrubbery, trees, lawns or fid@ers or other property of the x

y ysi g the easements herein or referred to fall be liable for any damages done by the or their assigns, agents, employees, $s servants to shrubbery, trees, lawns or fid@ers or other property of the x Owners gitfa ted on the land covered by said easemen ) ms A s Su Areas. The surface of easement areas for uggterground utility services may be used \ farStanting of shrubbery, trees, lawns or flowe However, neither the Declarant nor any co plier of any utility service using any easement area shall be liable to any Owner or to > e Association for any damage done by thefé'or either of them, or their respective agentgc?

employees, servants or assigns, to any 0} Ese aforesaid vegetation as a result of any actiyg reasonably relating to the construction Whaintenance, operation or repair of any facility in any such easement area. 3 \ 9° x GC Drainage Easements. Each Owger covenants to provide easements for drainageand water flow, as contours of land the arrangement of Improvements appfdved by the Architectural Committee n require. Each Owner further covenants got to disturb any trees or other vegetationWithin the drainage easements as defined in pts Declaration and shown on the Plat. There shall be no construction of Improvements, temporary or permanent, in any drainage easement, except as may be approved in writing by the Architectural Committees osctof enforcing the Summit Crossing Residenti@h Restrictions in accordance with Sectiongs04(E) hereof, and for the construction of a grimon cable television system, x acomm rinkler system, maintenance of landscaping@r any other item for the common ° benefit OP the Owners. An easement is further granted for the purpose of repairing and Ss mainggining any such system so constructed. Ans&ntry upon any Lot to effectuate the \

er item for the common ° benefit OP the Owners. An easement is further granted for the purpose of repairing and Ss mainggining any such system so constructed. Ans&ntry upon any Lot to effectuate the \ foeRoing purposes shall not be deemed as tr . SX | @ OD Py * Blanket Easemen€An easement is hereby retained in favor of. th Resociation over all Lots for the pupae °o Reparation of Covenants, Conditions, and Restrictions Ss ° I 4° Summit Crossing Page ay 27 Se oO & & Ww © @ - O Pr A Bor mS > .O WO 8.06 Temporary Egsements. The 0.450 and 0.161 acre easemefts, as depicted on Exhibit “A”, are tempasry until such time as Phase 2B is developefrand permanent easements are S established.

S gs 3 ° ° 9° VW ARTICLE 9 © VY 2 MISCELLANEGDS oo x cS cS 9,050° Term. This Declaration, including all of tagtovenants, conditions, and restrictions he shall run until December 31, 2055, unless amended as herein provided. After December ey 31, 2055, this Declaration, ae such covenants, conditions, and restriction§\shall !

WV be automatically extended for out ive periods of ten (10) years each, unless @Mended O as provided in Section 9.03 bet r terminated by a written instrument execated by the & ’ Owners of at least three four (3/4) of the Lots within the Property thengibject to this Ss Declaration, and filed of regia in the Official Records of Brazos County, cfexas.

9.02 Dissolution. Upon termination of this Declaration in accordance with Section 9.01 above, the Association shall be dissolved. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or giter organization to be devoted to such singe purposes.

~ NN 9.03 Amendment. 6? Lo Xe

ceptance, such assets shall be granted, conveyed and assigned to any nonprofit corporation, association, trust or giter organization to be devoted to such singe purposes.

~ NN 9.03 Amendment. 6? Lo Xe (A) By pibiarant This Declaration may be amendegsBy the Declarant, acting alone, s until Decethber 31, 2019, and thereafter for so long as arant holds a majority of the rded in the Official Records of Brazos Couhty, Texas, an instrument executed and rou “ecember 31, 2019, an instrument execu ind acknowledged by the Secretary of thas’ s Association, certifying that the Declarant qs the requisite number of votes. s 3 (B) By Owners. In addition to method in Section 9.03 (A), after December 31, ce 2019, this Declaration may be amaegfaéd by the recording in the Official Records @PBrazos & Association setting forth the g@xYendment and certifying that such amendgzent has been & approved by Owners entitle@to cast at least sixty percent (60%) of the a ber of votes S entitled to be cast pursuant to Section 5.03 hereof. Ss 9.04 Notices. Any notice permitted or required by this Declaration shall be in writing and may be delivered either personally or by mail. If delivery is made by mail it shall be deemed to copy of the same &Sbeen deposited in the United States mail, to the oF ones e address given by such person to the jation for the purpose of | service of notes. Such address may be changed from tinge time by notice in writing &

posited in the United States mail, to the oF ones e address given by such person to the jation for the purpose of | service of notes. Such address may be changed from tinge time by notice in writing & given by sug® person to the Association.

ue Ss s the of creating a uniform plan for the deg4opment and operation of the Property co an of promoting and effectuating the fundamehtal concepts of the Property set forth in > ° OC WO = & & Deeyenicr of Covenants, Conditions, and Restrictions s > of SGmmit Crossing Page 25 y Qs Qs Qs co co co ~& 230 3 Doc Bk Vol oe SP this Declarati§n. This Declaration shall be construed, goysmned and enforced under the laws of theState of Texas. s 9.06 Exe dn of Declarant. Notwithstanding any provigh in this Declaration to the contrary, neither Declarant nor any of Deciarant's activities Shall in any way be subject to the control ~ r under the jurisdiction of the Architectural Gemmittee. Without in any way limiting the , oe SQenerality of the preceding sentence, this ration shail not prevent or limit the right o; Ss Declarant to (i) excavate and grade, (ii) c ct and alter drainage patterns and fac (iii) construct any and all other types oF Improvements, sales and leasing offices, and 3 similar facilities, and (iv) post signs ingtental to construction, sales, and leasing any@here rou within the Property.

Pg ) SF Oo < 9.07 Assignment of Declarant. Noagtthstanding any provision in this Declaration ithe contrary, © Declarant may assign, in wile or in part, any of its privileges, exem tics, rights, and Ss duties under this Declafetion to any other person or entity an ay permit. the

is Declaration ithe contrary, © Declarant may assign, in wile or in part, any of its privileges, exem tics, rights, and Ss duties under this Declafetion to any other person or entity an ay permit. the participation, in whole or in part, by any other person or entity in any of its privileges, exemptions, rights, and duties hereunder.

ge ge 9.08 Enforcement and Nenwaiver. ae (A) Right Enfor ment. Except as otherwise provid Seren: any Owner at his own & ex , Declarant, and/or the Board shall have fe right to enforce any and al! of Ss provisions of the Summit Crossing ee ial Restrictions. Such right of 4 forcement shall include both damages fe, and injunctive relief against, the R CP breach of any such provision. GC 8) Nonwaiver. The failure to enforce anyr vision of the Summit Crossing Residential&© & Restrictions at any time shall not.@dnstitute a waiver of the right thereafter.

~ enforce any such provision or xe ther provision of said restrictions.

Se (C) Liens. The Association shalt ve the right, when appropriate in this judaent, to > claim or impose a lien upggt any Lot or Improvement constructed theregh in order & to enforce any right on effect compliance with this Declaration. & o SF 9.09 Construction. Ss Ss (A) Restrictions Severable. The provisions of the Summit Crossing Residential Restrictions shall be deemed independent and severable, and the invalidity or partial invalidity of provision or portion thereof shall not ect the validity or enforceabil6fut any other provision or portion thereof. VY 0 x .

(B) Singulgey ncludes Plural. Unless the context requiregS contrary construction, the < singe shall include the plural and the plural singular; and the masculine, s fertwhine or neuter shall each include the masculie, feminine, and neuter.

s 9 Q

ext requiregS contrary construction, the < singe shall include the plural and the plural singular; and the masculine, s fertwhine or neuter shall each include the masculie, feminine, and neuter.

s 9 Q (C) (Sole and Absolute Discretion. Notwithstag@ing anything herein to the contrary, 9 Ro whenever a party to this Declaration is. @titled to exercise its "sole and absolute ; Ro S & & tion of Covenants, Conditions, and Restrictions s Ss of mit Crossing Page 26 ie 7 3 @ 9 co co co N N o> es“ Copy Doc Bk Vol 01221500 OR 12511 discred such discretion may be exercised by that party for any reason or for no reason, whether such discretion is arbitrary, uncontrolled ontrolled or unreasonable. Any Rarties' exercise of its "sole and absolute discretion" shall be final and shall not be ication by a court of law, arbitration, P9 115 Unofficial Gopy Unofficial Copy Unoffi mediation, or otherwise.

Captions. All captions and titles use convenience of reference and shall not shall not enlarge, limit or otherwise affect that whic is set forth in any of the paragraphs, sections or articles.

Unofficial Copy Unotacial Cobubject to appeal or be subject to adjudication UnofficialCopy% is Declaration are intended solely for (E) (F) automatically Deadlines on Business Day If any deadline in this Declaration should fall on a Saturday, Sunday or a Teras or federal holiday, such deadline shall a be extended to the next business day.

Choice of Law. This Declaration shall be construed in accordance with the laws of the State of Texas.

IN WITNESS WHEREG, Declarant has executed this Declaration agot this 10th day of February 20 Unofficial Copy Unofficial Copy Unofficial copy By: DECLARANT: DWS DEVELOPMEN official Co COMENT, INC.

DAVID SCARMARDO, President nofficial Copy Unofficial Copy Unoff

agot this 10th day of February 20 Unofficial Copy Unofficial Copy Unofficial copy By: DECLARANT: DWS DEVELOPMEN official Co COMENT, INC.

DAVID SCARMARDO, President nofficial Copy Unofficial Copy Unoff OSTATE OF TEXAS COUNTY OF BRAZOS § loth day of This instrument was acknowledged before me on the 2015, by DAVID SCARMARDO, President of DWS DEVELOPMENT, INC., a Texas corporation) on behalf of said corporation and in the capacity herein stated.

HOTARY STATE OF TEXAS an Copy KIMBERLYD TAYLOR Notary Public, State of Texas MyCommission Expires October 24, 2018 Notary Public, State of Texas cial Copy Unofficial Copy Unoffical có Declaration of Covenants, Conditions, and Restrictions Summit Crossing of AFTER RECORDING RETURN TO: Cully Lipsey Hoelscher, Lipsey & Elmore, P.C.

1021 University Drive East College Station, Texas 77840 File #080842 Page 27 cial Copy Onofficial Copy cial Copy Unofficial Copy Unoff Unofficial Copy Unofficial copy. Unofficial Copy CERSPICATE OF OWNERSHIP AND DEDIGATION Cop official Copy offical Unofficial Copy Doc 01221500 Bk Vol OR 12511 116 Pg 1 Unofficial, Copy Unofficial Copy Unofficial Copy ALLEYUnofficial Copy Unofficial Copy Unoff Unofficial Copy Unofficial Unofficial C Copy cial Copy U CERTIFICATE OF THE COUNTY CLERK sver Copy GATE OF PLANNE ано гонена овимезion 48 SURVEYED PHONE (978), 208-3186 BRYAN, TIOXAR 77803 PHASE 2A SUMMIT CROSSING FINAL PLAT LOS 30-4, BLACK JHE LATE 1-1500 биеэ LOTE-TOTAL: 8.007 ABRes cial Copy LOT Exhibit "A" Unofficial Copy Unofficial Copy Unoff cial Copy nofficial Copy Unoffi i Unofficial Copy Unofficial Copy Unofficial Copy Doc 01221500 Bk Vol OR 12511 Fg 117 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy

ficial Copy Unoffi i Unofficial Copy Unofficial Copy Unofficial Copy Doc 01221500 Bk Vol OR 12511 Fg 117 Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff led for Record in: BRAZOS COUNTY On: Feb 10,2015 at 04:15P As a Recordings Document Number: 01221500 Amount 132.00 Copy Unofficial Copy Unoffi Receipt Number - 535855 By, Victoria Elliott STATE OF TEXAS COUNTY OF BRAZOS I hereby certify that this instrument was filed on the date and tim stamped hereon by we and was duly recorded in the volume and page of the Official Publicorecords of: COUNTY as stamped he notic by me.

Feb 10,2015 Karen McQueen, Brazos County Clerk BRAZOS COUNTY cial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unoff !

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