SCANNED LT1-81-20100194867-1 FIRST AMENDMENT TO THE SECOND AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE FOUNTAINS IN DEERFIELD SUBDIVISION, UNIT I AND II PLANNED UNIT DEVELOPMENT AND AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE FOUNTAINS AT DEERFIELD SUBDIVISION, UNIT III PLANNED UNIT DEVELOPMENT STATE OF TEXAS COUNTY OF BEXAR cos cos cas KNOW ALL MEN BY THESE PRESENTS: The Declaration of Covenants, Conditions and Restrictions for The Fountains at Deerfield Subdivision, Unit I and Unit II, Planned Unit Development, executed on March 25, 1992, recorded in Volume 5295, Page 1682, Official Public Records of Real Property of Bexar County, Texas, as amended by the Amended Declaration of Covenants, Conditions and Restrictions for The Fountains at Deerfield Subdivision, Unit I and II, Planned Unit Development, executed on April 30, 1992, recorded in Volume 5334, Page 980, Official Public Records of Real Property of Bexar County, Texas, as further amended by the Second Amended Declaration of Covenants, Conditions and Restrictions for The Fountains at Deerfield Subdivision, Unit I and Unit II, Planned Unit Development, executed on July 1, 1992, recorded in Volume 5378, Page 1226, Official Public Records of Real Property of Bexar County, Texas, and Declaration of Covenants, Conditions and Restrictions for The Fountains at Deerfield Subdivision, Unit III, Planned Unit Development, executed on February 8, 1993, recorded in Volume 5568, Page 1325, Official Public Records of Real Property of Bexar County, Texas are hereby amended to read as follows: I.
Definitions The definition of "Properties" in the Declarations referenced above is hereby amended to read as follows: Section 3.
operty of Bexar County, Texas are hereby amended to read as follows: I.
Definitions The definition of "Properties" in the Declarations referenced above is hereby amended to read as follows: Section 3.
"Properties" shall mean and refer to that certain real property as described above as the "subdivision" and more particularly described as The Fountains at Deerfield Subdivision, Unit I, Unit II, and Unit III, Planned Unit Development, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
The definition of "Subdivision" in the Declarations referenced above is hereby amended to read as follows: Subdivision shall refer to The Fountains at Deerfield Subdivision, Unit 1, Unit 2, and Unit 3, Planned Unit Development.
LT2-14705-172-3 II.
Special Assessments The provisions in Article V, Section 4 of the Declarations with respect to special assessments is hereby amended to read as follows: Section 4.
Special Assessments for Capital Improvements.
In addition to the semi-annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year for any proper purpose of Association, provided that any such assessment shall have the assent of twothirds (2/3) of the total votes of member who are voting in person or by proxy at the meeting duly called for this purpose III.
Conflicts Because the foregoing amendments are made to create a uniform application of governing documents for The Fountains at Deerfield Homeowners Association, the following provision is also hereby added to the Declarations referenced above: XXXVII.
RESOLVING CONFLICTS BETWEEN DOCUMENTS All conflicts between the Second Amended Declaration of Covenants, Conditions and Restrictions for The Fountains at
to the Declarations referenced above: XXXVII.
RESOLVING CONFLICTS BETWEEN DOCUMENTS All conflicts between the Second Amended Declaration of Covenants, Conditions and Restrictions for The Fountains at Deerfield Subdivision, Unit I and Unit II, Planned Unit Development and the Declaration of Covenants, Conditions and Restrictions for The Fountains at Deerfield Subdivision, Unit III, Planned Unit Development shall be resolved in favor of the Second Amended Declaration of Covenants, Conditions and Restrictions for The Fountains at Deerfield Subdivision, Unit I and Unit II.
By their signatures below the President and Secretary of the Association attest that the foregoing Amendment was adopted by at least fifty percent (50%) of the owners of Units I & II, voting as a group and fifty percent (50%) of the owners of Unit III, voting as a group, to certify which witness their signatures below.
Signed this 25 day of October 2010.
THE FOUNTAINS AT DEERFIELD HOMEOWNERS ASSOCIATION, INC., a Texas Non-Profit Corporation By Becky Olsen, Its President 2 = ATTEST: Ste Tom Penrose. Its Secretary STATE OF TEXAS § § § COUNTY OF BEXAR I hereby certify that the foregoing instrument was acknowledged before me, the undersigned Notary, by Becky Olsen, President of The Fountains at Deerfield Homeowners Association, Inc., on the date of execution set forth above.
STATE OF TEXAS § COUNTY OF BEXAR S § Mist Notary Public, State of Texas MISTY M. SPEER NOTARY PUBLIC Notary Public. State of Texas STATE OF TEX My Commission Expires March 03, 2013 I hereby certify that the foregoing instrument was acknowledged before me, the undersigned Notary, by Tom Penrose, Secretary of The Fountains at Deerfield Homeowners Association, Inc., on the date of execution set forth above.
Notary Public, State of Tekas
wledged before me, the undersigned Notary, by Tom Penrose, Secretary of The Fountains at Deerfield Homeowners Association, Inc., on the date of execution set forth above.
Notary Public, State of Tekas AFTER RECORDING RETURN TO: The Fountains at Deerfield Homeowners Association, Inc.
300 E. Sonterra, Suite 350 San Antonio, TX 78258 5801001/794809 3 MISTY M. SPEER Notary Public, State of Texas My Commission Expires March 03, 2013 Any provision herein which restricts the sale, or use of the described real property because of race is invalid and unenforceable under Faderal law STATE OF TEXAS, COUNTY OF BEXAR I hereby Certify that this instrument was FILED in File Number Sequence on this date and at the time stamped hereon by me and was duly RECORDED in the Official Public Record of Real Property of Bexar County, Texas on: OUNTY CLERK ✓ COUNTY, TEXA OCT 2 8 2010 COUNTY CLERK BEXAR COUNTY, TEXAS Doc# 20100194867 Fees: $24.00 10/28/2010 4:01PM # Pages 3 Filed & Recorded in the Official Public Records of BEXAR COUNTY GERARD RICKHOFF COUNTY CLERK