Document

Blanco 071439 AMENDEficial Copy AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS for THE PRESERVE AT WALNUT SPRINGS Upon recording, return to: Christophe Hawks, P.C.

Box 1495 238 South King Street ckson, WY 83001 Blanco County Unofficial Copy April 2007 Filed this 24 day of By KAREN NEWMAN P.M.

County Clerk, Blanco County, Texas M.

Brico alla Deputy M.

VOL 0363PAGE 053 INTRODUCTIONS TO THE COMMUNITY.............

ARTICLE I - CREATION OF THE COMMUNITY.

1.1 1.2 1.3 PURPOSE AND INTENT.

BINDING EFFECT..

GOVERNING DOCUMENTS ARTICLE II - CONCEPTS AND DEFINI 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10.

2.11 AREA OF COMMON RESPON Blanco County Unofficial Copy ASSOCIATION.

BASE ASSESSMENT.

BOARD OF DIRECT BUILDING ENVI CLUB FACIL XPENSES NITY-WIDE STANDARD..

TY ROAD.

VENANT TO SHARE COSTS.

DECLARANT DESIGN GUIDELINES GOVERNING DOCUMENTS MASTER PLAN.

2.12 2.13 2.14 FINAL PLAT.

2.15 2.16 LOT..

2.17 2.18 MASTER RULES AND REGULATIONS 2.19 MEMBER.

2.20 MORTGAGE 2.21 OPEN AREA 2.22 OWNER 2.23 PERSON..

2.24 PROPERTIES 2.25 PUBLIC RECORDS.

2.26 ROADWAY SYSTEM.

2.27 SPECIAL ASSESSMENT 2.28 SPECIFIC ASSESSMENT 2.29 5 5 5 5 6 6 6 6 6 7 7 7 7 7 7 7 7 7 8 8 8 8 8 8 8 8 8 8 9 9 9 SUPPLEMENTAL DECLARATION PART TWO: CREATION AND MAINTENANCE ARTICLE III - USE AND CONDUCT FRAMEWORK FOR REGULATION.

RULE MAKING AUTHORITY OWNERS' ACKNOWLEDGENE COMMUNITY STANDARDS AND NOTICE TO PURCHASERS Blanco County Unofficial Copy NO MINING, EXCAVATING OR DRILLING.

PROTECTION OF OWN, DOMESTIC ANIMAL 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 WILDLIFE FENCING..

3.9 TREES 3.10 3.11 3.12 3.13 ND OTHERS RKING, STORAGE, OPERATION AND REPAIR.

CILITIES WELLS AGE DISPOSAL VOL 0363PAGE 054 2 9 9 9 10 10 10 12 13 14 14 14 15 15 16 3.14 3.15 OPEN AREA USE RESTRICTIONS NO FURTHER SUBDIVISION..

3.13 ND OTHERS RKING, STORAGE, OPERATION AND REPAIR.

CILITIES WELLS AGE DISPOSAL VOL 0363PAGE 054 2 9 9 9 10 10 10 12 13 14 14 14 15 15 16 3.14 3.15 OPEN AREA USE RESTRICTIONS NO FURTHER SUBDIVISION..

ARTICLE IV - ARCHITECTURE AND LANDSCAPING GENERAL.

ARCHITECTURAL REVIEW.

GUIDELINES AND PROCEDURES...

NO WAIVER OF FUTURE APPROVA VARIANCES....

LIMITATION OF LIABILITY CERTIFICATE OF COMPLIAN Blanco County Unofficial Copy STANDARD OF CONSTRI 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 TEMPO 4.15 4.16 4.17 ENFORCEMENT DEVELOPMENT AND SE RESTRICTIONS.

CONSTRUCTION HEIGHT, SIZ D FLOOR AREA LIMITATIONS UTILITIES STRUCTURES PROHIBITED..

SATE E DISHES.

PROVEMENT OF WETLANDS-WILDLIFE HABITAT ARTICLE V - MAINTENANCE AND REPAIR 5.1 5.2 MAINTENANCE OF LOTS..

MAINTENANCE OF VACANT LOTS.

PART THREE: COMMUNITY GOVERNANCE AND ADMINISTRATION ARTICLE VI - THE ASSOCIATION AND ITS MEMBERS 6.1 6.2 6.3 FUNCTION OF ASSOCIATION.

MEMBERSHIP VOTING........

ARTICLE VII - ASSOCIATION POWERS AND RESPONSIBILITIES 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 ACCEPTANCE AND CONTROL OF ASSOCIATION PROPERTY.

MAINTENANCE OF AREA OF COMMON RESPONSIBILITY COMMON AREA AND OPEN AREA INSURANCE.

COMPLIANCE AND ENFORCEMENT IMPLIED RIGHTS; BOARD AUTHORITY INDEMNIFICATION OF OFFICERS, DIRECTORS AND OTHERS.

ENHANCEMENT OF SAFETY PROVISION OF SERVICES ARTICLE VIII - ASSOCIATION FINANCI BUDGETING AND ALLOCATING BUDGETING FOR RESERVES MMON EXPENSES..

Blanco County Unofficial Copy 16 17 17 17 17 ≈22222222 18 20 20 .20 21 21 21 22 22 23 23 23 23 23 23 23 23 23 24 24 24 24 2 22 2 2 222 22 24 24 128 26 122887 29 30 30 31 31 .31 31 32 32 32 .33 8.1 8.2 8.3 SPECIAL ASSESSMENTS.

8.4 SPECIFIC ASSESSMENT 8.5 8.6 LIMITATION OF INCASES OF ASSESSMENTS...

AUTHORITY TO 8.7 PERSONAL BI

2 2 222 22 24 24 128 26 122887 29 30 30 31 31 .31 31 32 32 32 .33 8.1 8.2 8.3 SPECIAL ASSESSMENTS.

8.4 SPECIFIC ASSESSMENT 8.5 8.6 LIMITATION OF INCASES OF ASSESSMENTS...

AUTHORITY TO 8.7 PERSONAL BI ESS OWNERS; DATE OF COMMENCEMENT OF ASSESSMENTS; TIME OF PAYMENT. 34 ✓TION.

8.8 LIEN FOR ASSESSMENTS MUNITY DEVELOPMENT PART FOUR: CO ARTICLE EXPANSION OF THE COMMUNITY.........

9.1 EXPANSION BY THE DECLARANT..

34 35 36 36 36 VOL 0363PAGE 055 3 9.2 ADDITIONAL COVENANTS AND EASEMENTS.

9.3 9.4 EFFECT OF FILING SUPPLEMENTAL DECLARATIONS.

BUDGET CONSIDERATIONS..

10.1 10.2 10.3 RIGHT TO DEVELOP.

10.4 RIGHT TO APPROVE ADDITIONAL 10.5 RIGHT TO APPROVE CHANGES 10.6 RIGHT TO TRANSFER OR AS 10.7 10.8 10.9 ARTICLE X - ADDITIONAL RIGHTS RESERVED WITHDRAWAL OF PROPERTY.

MARKETING AND SALES ACTIVITIES 11.1 EASE 11.2 11.3 SEMENTS TO SERVE ADDITIONAL PROPERTY 11.4 Blanco County Unofficial Copy 36 37 37 ECLARANT ............

37 37 37 37 EXCLUSIVE RIGHTS TO SPECIAL DISTRICTS TERMINATION OF PART FIVE: PROPERTY ITS VENANTS COMMUNITY STANDARDS DECLARANT RIGHTS NAME OF DEVELOPMENT.

IGHTS WITHIN THE COMMUNITY.

ARTICLE XI - EASEMENTS………………………………………… 38 38 38 38 38 38 39 39 S IN AREA OF COMMON RESPONSIBILITY, COMMON AREA AND OPEN AREA ENTS FOR DRAINAGE, UTILITIES 39 39 40 11.5 ASEMENTS FOR MAINTENANCE, EMERGENCY AND ENFORCEMENT EASEMENTS FOR CROSS-DRAINAGE.

.40 40 11.6 EASEMENT FOR EMERGENCY VEHICLES.

41 11.8 TITLE TO AND USE OF ROADS 41 11.9 RECREATION TRAIL EASEMENTS.

41 PART SIX: RELATIONSHIPS WITHIN AND OUTSIDE THE COMMUNITY.

ARTICLE XII – DISPUTE RESOLUTION AND LIMITATION ON LITIGATION 41 EMPLE... 41 MANDATORY PROCEDURES.

ALLOCATION OF COSTS OF RESOLVING CLAIMS.

ENFORCEMENT OF RESOLUTION.....

BOARD AUTHORIZATION.

ARTICLE XIII - AMENDMENT OF DECLARATION 13.1 BY DECLARANT.

12.1

GATION 41 EMPLE... 41 MANDATORY PROCEDURES.

ALLOCATION OF COSTS OF RESOLVING CLAIMS.

ENFORCEMENT OF RESOLUTION.....

BOARD AUTHORIZATION.

ARTICLE XIII - AMENDMENT OF DECLARATION 13.1 BY DECLARANT.

12.1 CONSENTS FOR ASSOCIATION LITIGATION 12.2 ALTERNATIVE METHOD FOR RESOLVING DISPUTES.

12.3 CLAIMS.

12.4 12.5 12.6 12.7 42 42 42 43 44 .44 44 44 13.2 BY MEMBERS.

13.3 VALIDITY AND EFFECTIVE DATE Blanco County Unofficial Copy VOL 0363PAGE 056 4 44 94 45 45 Amended and ted ce Declaration of Covenants. ditions, and Restrictions 2s eS For S) The QNerve at Walnut Springs w This AMENDE SS RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIO made this 13” day of December . 2006, by THE PRESERVE AT UT SPRINGS LIMITED PARTNERSHIP, Virginia limited partnership, artner, Walnut Springs, Inc., a Virginia corporation (the “Declarant”). This ds and restates in its entirety that certain Declaration of Covenants, Conditions, s for The Preserve at Walnut Springs (the “Original Declaration’) previously filed nder Document No. 033891, Vol. 0289 pages 459-505 of the Official Public Records of Blanco County, Texas, and Declarant has the power and authority to so amend and restate the Original Declaration pursuant to the terms of Section 13(a) of said Original Declaration.

PART ONE: INTRODUCTIONS TO THE COMMUNITY THE PRESERVE AT WALNUT SPRINGS LIMITED PARTNERSHIP as the developer of The Preserve at Walnut Springs has established this Declaration to provide a governance structure and a flexible system of standards and procedures for the overall development, administration, maintenance and preservation of the properties at The Preserve at Walnut Springs as a master planned community.

ARTICLE I - CREATION OF COMMUNITY

rocedures for the overall development, administration, maintenance and preservation of the properties at The Preserve at Walnut Springs as a master planned community.

ARTICLE I - CREATION OF COMMUNITY 1.1 Purpose and Intent. The Declara@ Seine owner of the real property described on Final Plat as it is recorded in the Blanco Cou d Records Office intends by the recording of this Declaration to create a general plan of pment for the planned community known as The Preserve at Walnut Springs. ee aration provides for the overall development, administration, maintenance and prese, S of the real property now or hereafter comprising the properties at The Preserve at W rings. An integral part of the development plan is the creation of The Preserve at Walitgoprings Homeowners Association, an association comprised of all owners of Lots in the e at Walnut Springs, to own, operate and/or maintain various common areas and comm improvements and to administer and enforce this Declaration and the other Governing Doe ts referred to in this Declaration.

property which 4 de a part of The Preserve at Walnut Springs in the future by filing one or more Supplemen arations in the Public Records, shall be owned, conveyed and used subject to all of the ey ns of this Declaration, which shall run with the title to such property. This WL O3630c057 Declaration shall be binding upon all Persons having an ht, title or interest in any portion of the Properties, their heirs, successors, successors-in-title es igns.

This Declaration shall be enforceable etuity by the Declarant, the Association, any Owner, and their respective legal ssn eirs, successors, and assigns.

heirs, successors, successors-in-title es igns.

This Declaration shall be enforceable etuity by the Declarant, the Association, any Owner, and their respective legal ssn eirs, successors, and assigns.

13 Governing Documen SL Governing Documents create a general plan of development for The Preserve at RS Springs which may be supplemented as set forth herein.

In the event of a conflict mere among the Governing Documents and any such additional covenants or restrictions, yyeming Documents shall control. Nothing in this Section shall preclude any Supplemental Secon or other recorded covenants applicable to any portion of the Properties from cont additional restrictions or provisions that are more restrictive than the provisions of this Deer 1on. The Association may, but shall not be required to, enforce any such covenants, maa other instruments.

All ons of the Governing Documents shall apply to all Owners as well as their respectiy, ges members, tenants, guests and invitees.

& any provisions of this Declaration is determined by judgment or court order to be invalid, or invalid as applied in a particular instance, such determination shall not affect the validity of other provisions or applications.

ARTICLE II - DEFINITIONS The terms used in Governing Documents shall generally be given their natural, commonly accepted definitions unless otherwise specified. Capitalized terms shall be defined as set forth below.

2.1 Area of Common Responsibility. Lots 54, 55A, 56, 58, 61, 62, 63, 64 and 65 and the common roadway system as shown on the Final PlatAthe Common Area and the Open Area, together with such other areas, if any, for which t ciation has or assumes responsibility pursuant to the terms of this Declaration, any mental Declaration or other applicable

Area and the Open Area, together with such other areas, if any, for which t ciation has or assumes responsibility pursuant to the terms of this Declaration, any mental Declaration or other applicable covenants, contracts, or agreements. WN Sg 2.2. Association. The Prese alnut Springs Homeowners’ Association, a Texas non-profit corporation, its successors ES ns.

2.3 Base seseneag Src levied on all Lots subject to assessment under Article VIII to fund Common I Ses, as determined in accordance with Section 8.1.

2.4 Blanco Capit? Land Use Regulations. Shall have the meaning given to such term in Section 4.10(a).] cs 2.5 RSE of Directors. (Or “Board”) The body responsible to the membership for operations of ssociation, selected as provided in the By-Laws and generally serving the same role as t ae of directors under Texas corporate law.

yo. 03630058 6 2.6 Bound Parties. Shall have the neigh to such term in Section 12.2.

Building Envelope for such Lot in accord.

Structures otherwise permitted to be co specific improvements of the type des of a Building Envelope).

upon the Common Area whj y from time to time be made available by the Association for use by the Owners pursuagyy O separate agreement, including without limitation, the pool house/clubhouse, p Qhanis courts, putting green and equestrian center, trails and BBQ and picnic areas.

wae ontiguous portion of a Lot designated as the with paragraph 4.10(d) hereof, upon which all d upon such Lot must be located (except for those in paragraph 4.10(d) hereof which are allowed outside 2.9 Simon Area. All real and personal property, including easements, which the

f, upon which all d upon such Lot must be located (except for those in paragraph 4.10(d) hereof which are allowed outside 2.9 Simon Area. All real and personal property, including easements, which the Associatj Qs, leases or in which it otherwise holds possessory or use rights for the common use and yment of the Owners, including the Club Facilities.

2.10 Common Expenses. The actual and estimated expenses incurred, or anticipated to be incurred, by the Association for the general benefit of all Lots including any reasonable reserve, as the Board may find necessary and appropriate pursuant to the Governing Documents.

2.11 Community-Wide Standard. The standard of conduct, maintenance, or other activity generally prevailing throughout the Properties. Such standard shall be established initially by the Declarant and may be more specifically defined in the Design Guidelines, the Master Rules and Regulations, and in Board resolutions.

2.12 County Road. Shall mean County Road 204, located in Blanco County, Texas that passes through the Property. \ 2.13. Covenant to Share Costs. Any Pd of Easements and Covenant to Share Costs to be executed by Declarant and reco the Public Records which creates certain easements for the benefit of the Association e present and future owners of the real property subject to such Covenant to Share Cost hich obligates the Association and such owners to share the costs of maintaining certain p described in such Covenant to Share Costs.

2.14 Declarant. The RAP: at Walnut Springs Limited Partnership, a Virginia limited partnership, or: (i) any succes assign who takes title to any portion of the Property for the purpose of development sale and who is designated as the Declarant in a recorded instrument executed by t ediately preceding Declarant.

es assign who takes title to any portion of the Property for the purpose of development sale and who is designated as the Declarant in a recorded instrument executed by t ediately preceding Declarant.

2.15 DejghPuidetines The architectural, design and construction guidelines and review procedures pted pursuant to Article IV, as they may be amended.

zo EW. Shall have the meaning given to such term in Section 4.2.

vot O363rcc059 7 2.17 Development. Development shall me SS eter to the residential development and improvement located on and within the me wn as The Preserve at Walnut Springs.

2.18 Final Plat. shall mean the > subdivision plat creating the 66 Lots out of a portion of the Property for single fap sidential purposes, as approved by the applicable governmental agency or agencies of B County, Texas and as recorded or to be recorded in the applicable real property records of, County, Texas.

2.19 Governing D ents. A collective term referring to this Declaration and any applicable Supplemental D ion, the By-Laws, the Articles, the Design Guidelines, and the Use Restrictions and a.) ules and Regulations as they may be amended.

the land records anco County, Texas.

2 QWMaster Plan. The land use plan for the development of The Preserve at Walnut springs Sram dated September 30, 2003 and amended July 7, 2004. The Declarant may amend features of the Master Plan, including but not limited to, the design, elements, phasing, specifications, and amenities proposed in the Master Plan. The Master Plan includes the property described on the Final Plat. The Master Plan proposes a development of the Properties into sixty-

sing, specifications, and amenities proposed in the Master Plan. The Master Plan includes the property described on the Final Plat. The Master Plan proposes a development of the Properties into sixtysix single family home sites. Inclusion of property on the Master Plan shall not, under any circumstances, obligate Declarant to subject such property to this Declaration or create the proposed number of Lots identified in the Master Plan.

2.22 Master Rules and Regulations. The Master Rules and Regulations are the Rules and Regulations adopted by the Board pursuant to Section 3.2 hereof.

2.23. Member. A Person subject to aN in the Association pursuant to Section 6.2.

2.24 Mortgage. A deed of trust, a a deed to secure debt, or any other form of security instrument affecting title to any Lot any portion of the Properties. “Mortgagee”’ shall refer to a beneficiary of a deed of trust ae er of a Mortgage.

2.25 Open Area. Shall be sO? shown on the Final Plat and Master Plan as Lot Nos.

54, 55A, 61, 62, 63, 64 and 65 and Ors as open area for the benefit of the Association and its Members.

2.26 Owner. On re Persons who hold the record title to any Lot, but excluding in all cases any party holdi nterest merely as security for the performance of an obligation. Ifa Lot is sold under ed contract of sale, and the contract specifically so provides, the purchaser (rather th. fee owner) will be considered the Owner.

2.27 ghton A natural person, a corporation, a partnership, a trustee, or any other legal entity. 3 vo. O3630cc060 8 additional property as is subjected to this Declar. accordance with Article IX. Each of the Supplemental Declarations which subject Os property to the Declaration shall provide a legal description of the Common Area includ rein, if any.

¢

this Declar. accordance with Article IX. Each of the Supplemental Declarations which subject Os property to the Declaration shall provide a legal description of the Common Area includ rein, if any.

¢ 2.29 Public Records. The A Records of the County Recorder of Blanco County, 2.28 Properties. The real property ge the Final Plat, together with such Association, as shown on t wal Plat.

2.31 Specie Senet Assessments levied in accordance with Section 8.3.

Zan seShic Assessment. Assessments levied in accordance with Section 8.4.

upplemental Declaration. An instrument filed in the Public Records pursuant to Article ict subjects additional property to this Declaration, designates neighborhoods, and/or imposes, expressly or by reference, additional restrictions and obligations on the land described in such instrument.

Texas. \) 2.30 Roadway ae roadway system shall consist of platted Lots owned by the PART TWO: CREATION AND MAINTENANCE OF COMMUNITY STANDARDS ARTICLE III - USE AND CONDUCT 3.1 Framework for Regulation. The Covers Documents establish, as part of the general plan of development for the Properties, a fr rR of affirmative and negative covenants, easements and restrictions which govern the Pr . However, within that framework, the Board and the Members must have the ability ond to unforeseen problems and changes in circumstances, conditions, needs, desires, ego technology which inevitably will affect The Preserve at Walnut Springs, its Owners ANT sidents. Toward that end, this Article establishes procedures for modifying and expandin initial Master Rules and Regulations.

3.2 Rule Making AuyAN.

(a) Subje Src terms of this Article and the Board’s duty to exercise business judgment and reasonabl on behalf of the Association and its Members, the Board may

and Regulations.

3.2 Rule Making AuyAN.

(a) Subje Src terms of this Article and the Board’s duty to exercise business judgment and reasonabl on behalf of the Association and its Members, the Board may modify, cancel, limi € exceptions to, or expand the Master Rules and Regulations. The Board shall send noth mail to all Owners concerning any such proposed action as least five (5) business days prj the Board meeting at which such action is to be considered. Members shall have a reason pportunity to be heard at a Board meeting prior to such action being taken.

& oS yoLOS63rccO61 9 Such action shall become effective aft unless disapproved at a meeting of the Members by entitled to vote on the matter. The Board shall ha igation to call a meeting of the Members to consider disapproval except upon receipt o ition of the Members as required for special meetings in the Section 6.2 of the BARD pon such petition of the Members prior to the ompliance with Section 3.2(c) below fifty percent (50%) of the total votes effective date of any Board action under, ection 3.2(a), the proposed action shall not become effective until after such aia is hel then subject to the outcome of such meeting.

Alternative Sne e Members, at an Association meeting duly called for such purpose, may ae rules w Odify, cancel, limit, create exceptions to, or expand the Master Rules and Regulations by RS f more than fifty percent (50%) of the total votes entitled to vote on the matter.

Ze least thirty (30) days prior to the effective date of any action taken under subsections whe of this Section, the Board shall send a copy of the new rule or explanation of any changes aster Rules and Regulations to each Owner specifying the effective date. The

tion taken under subsections whe of this Section, the Board shall send a copy of the new rule or explanation of any changes aster Rules and Regulations to each Owner specifying the effective date. The Associatj 1 provide, without cost, a copy of the Master Rules and Regulations then in effect to any SDNing Member or Mortgagee.

(d) Nothing in this Article shall authorize the Board or the Members to modify, repeal or expand the Design Guidelines. In the event of a conflict between the Design Guidelines and the Master Rules and Regulations, the Design Guidelines shall control.

3.3 Owners’ Acknowledgement and Notice to Purchasers. All] Owners are given notice that use of their Lot is limited by the Master Rules and Regulations as they may be amended, expanded and otherwise modified hereunder. Each Owner, by acceptance of a deed for their Lot, acknowledges and agrees that the use and enjoyment and marketability of his or her Lot can be affected by this Declaration and that the Master Rules and Regulations may change from time to time. All purchasers of Lots are on notice that changes may have been adopted by the Association that are not recorded in the Public Recordehories of the current Master Rules and Regulations may be obtained from the Association.

3.4 No Mining, Excavating or DriNjn®” No property within The Preserve at Walnut Springs shall be used for the purpose of mt quarrying, drilling, boring, or exploring for or removing geothermal resources, oil, gage her hydrocarbons, minerals, rocks, stones, gravel, sand, top soil, or earth. Nothing thea rein shall be construed to limit the rights of the owner of mineral interest severed from RS e of any portion of the Properties prior to the recording

s, gravel, sand, top soil, or earth. Nothing thea rein shall be construed to limit the rights of the owner of mineral interest severed from RS e of any portion of the Properties prior to the recording of this Declaration and nothing shall prevent the Declarant or an Owner from moving dirt, gravel rocks and other soils SY for the development of their respective properties.

3.5 Protection Poomnen and Others. No rule shall be adopted in violation of the following provisions 5S) as may be specifically set forth in this Declaration (either initially or by amendment) or NS initial Master Rules and Regulations.

> aval Treatment. Similarly situated Owners shall be treated similarly by vo. 036311062 10 symbols, and decorations inside structures on téigZot(s) of the kinds normally displayed in dwellings located in single-family residential n Orhoods shall not be abridged, except that the Association may adopt reasonable time, niteoed manner restrictions with respect to displays visible from outside the dwelling. WW (b) Displays. The rights of ae display religious and holiday signs, h uch signs (including design criteria).

No rules shall regul Q content of political signs; however, rules may regulate the time, place and manner of pox Compositions. No rule shall interfere with the freedom of unsightly conditions visible outside the dwelling, or that create an unreasonable source of annoyance as reasonably determined by the Board.

(e) Insurance Rates. Nothing shall be done or kept on the Property which would increase the rate of insurance or cause the cancellation of insurance on any Lot or any of the Improvements located upon any Lot, the Common Area, Open Area or Club Facilities without prior written approval of the Board.

insurance or cause the cancellation of insurance on any Lot or any of the Improvements located upon any Lot, the Common Area, Open Area or Club Facilities without prior written approval of the Board.

(f) Allocation of Burdens and Benefits. No rule shall alter the allocation of financial burdens among the various Lots to the detriment of any Owner over that Owner’s objection expressed in writing to the Association. This provision does not affect the right to increase the amount of assessments as provided by Are (g) Alienations. No rule shall of leasing or transfer of any Lot, or require consent of the Association or Board for leasing % t®nsfer of any Lot; provided, the Association or the Board will require a minimum lease ternf, irty (30) days for all Lots. The Association may require that Owners use lease forms app, y the Association, but shall not impose any fee on the lease or transfer of any Lot sree ‘an an amount reasonably based on the costs to the Association of administering that le ansfer.

(h) Abridgi isting Rights. If any rule would otherwise require Owners to dispose of personal propert Ahh they maintained in or on the Lot prior to the effective date of such rule, or to vacate a RS which they resided prior to the effective date of such rule, and such property was mainte such occupancy was in compliance with this Declaration and all rules previously in force, s¥eA rule shall not apply to any such Owners without their written consent.

9 ws Q yt 0363063 1] (1) Rights to Develop. No rule or son by the Association or Board shall impede the Declarant’s right to develop the PropenS y property annexed into the regime of the Properties as provided for herein.

The limitations in subsectio rulemaking authority exercised under Declaration adopted in accordance wit

develop the PropenS y property annexed into the regime of the Properties as provided for herein.

The limitations in subsectio rulemaking authority exercised under Declaration adopted in accordance wit through (h) of this Section 3.4 shall only limit 3.2; they shall not apply to amendments to this 3.6 Domestic AnimanSN animals, including pigs, poultry, fowl, wild animals, cattle, sheep, goats or any other t animal not considered to be a domestic household pet within the ordinary meaning and inte on of such words may be kept, maintained or cared for on any subdivided Lot thereof, t for the animals, including horses, longhorn cattle, llamas and other livestock and wildlif eclarant or the Association determines to own and raise and/or manage on the Common AS Norge the foregoing, each Lot shall be entitled to a maximum of no more than a total of dogs and/or cats and a reasonable number of other Household Pets (the term HousehoMPPet(s) means generally recognized Household Pets such as dogs, cats, fish, birds, rodents, and non-poisonous reptiles), so long as such pets are not kept for any commercial purpose, are not kept in unreasonable numbers, do not cause an unreasonable amount of noise, odor, or do not otherwise become a nuisance to other Owners. All Owners or Occupants with household pets shall keep the animals restrained and controlled on the Lot at all times so they do not cause a nuisance to others and do not harass or endanger wildlife. “Nuisance” means any noisy animal, any vicious animal, or any animal which chews, tears, digs in or scratches, litters or soils, destroys, or in any other manner injures clothing, garbage containers, gardens, flower beds, lawns, trees, shrubbery, or any other property within the Properties. Excessive, continued, or untimely barking,

oys, or in any other manner injures clothing, garbage containers, gardens, flower beds, lawns, trees, shrubbery, or any other property within the Properties. Excessive, continued, or untimely barking, molesting passersby, chasing vehicles, habitually attacking other animals, trespassing upon private property in such a manner as to damage property shall also be deemed a nuisance. “Noisy animal” means any animal which habitually, constantly, or frequently disturbs the sleep, peace, or quiet of any person. The Board or its designee shall have the ay‘ enter the property and remove any Noisy animal and any such action shall not be deem réspass. In the event the Board removes such an animal, the animal shall be kenneled a ost therefore shall be levied against the offending Owner as a Special Assessment.

¢ No owner or keeper of any ani Gas is visiting or working on the Properties shall be permitted to allow such animals to run - Also, no pet or animal shall be restrained by leash, cord, chain, rope, or other attachme Ocd to any vehicle, post, tree, or other structure or object within the Properties thereby We such animal to become a nuisance or interfere with pedestrian or vehicular traffic x d around any public area within the Properties. Contractors, sub-contractors and any oth on providing services to an Owner may not bring dogs onto the Properties.

The Owner Rot where a household pet is kept, as well as the legal owner of the pet (if not such Owne Qall be jointly and severally liable for any and all damage and destruction caused by the ON d for any clean-up of roads or other Lots necessitated by such pet.

12 The Association shall have, and is hereby given oy rent and authority to determine in its

tion caused by the ON d for any clean-up of roads or other Lots necessitated by such pet.

12 The Association shall have, and is hereby given oy rent and authority to determine in its sole discretion that household pets are being kept ercial purposes, or are otherwise a nuisance to other Owners or Occupants, or that or Occupant is otherwise in violation of this Section, and to take such action or actio t deems reasonably necessary to remedy the violation. Without limiting the generality oeberccoing the Association may require the owner or custodian of a dog that barks or how ssively, or of a household pet with other offensive habits, to confine such animal indoors er, the Association may require an Owner, as its own expense, to remove pet determine Association to be a nuisance pet and, upon failure of the Owner to do so, the Board or i ignee shall have the right to enter the Lot and remove the nuisance pet and any such cyan not be deemed a trespass.

3.7 Wildlife. recognized by the Declarant and the purchasers and Owners of any Lot within the Prop at many wildlife species live on the Property during various times of year. Upon purc any Lot, the Board shall provide to the purchaser thereof a copy of the Wildlife Manag: t Plan for the Property in order to provide information on the Wildlife and other natural rces on the Property and the adjacent area.

ollowing limitations on use and Development are intended, in addition to all the other requirements of this Declaration, to protect, preserve and maintain the existing wildlife habitat on the Property and to minimize the adverse effects of Development on wildlife habitat: (a) No Owner of any Lot shall remove or alter or allow others to remove or alter

n the existing wildlife habitat on the Property and to minimize the adverse effects of Development on wildlife habitat: (a) No Owner of any Lot shall remove or alter or allow others to remove or alter any of the existing vegetation thereon, except as is absolutely necessary for the clearing and preparation of the Building Envelope for such Lot for the purposes of constructing authorized Structures or roads thereon; (b) In addition to the requirements set forth in Section 3.6 above, household pets, shall be controlled and restrained at all times, and shall not be allowed to run at large on any portion of the Property, except within an enclosed improvement area not to exceed 1000 square feet contiguous to an improved Structure within the Buying Envelope (a "kennel") or within an electronic pet containment system installed within th 8 ated building envelope; and cats shall be on leashes or under verbal leash at all times s must be leashed or under verbal leash when outside of the kennel or residence. > ¢ (c) Hunting shall be © in Open Area only after the Board has received the annual harvesting recommendations fr State Game Biologist (or other Wildlife biologist or consultant) and a lottery has bee Qiwn, made up of the Owners, to comply with such recommendations. In the event Wc animals are recommended to be harvested than Owners are available, the Board will “in the sole discretion of the Board, friends of Owners, other Property residents or other err deemed necessary to fill such vacancies in order to achieve the desired harvesting PAS; . Hunting shall be allowed only during hunting season as prescribed by State and Local | S e Association may further establish guidelines that reasonably restrict days of the week or AS when hunting shall be permitted.

allowed only during hunting season as prescribed by State and Local | S e Association may further establish guidelines that reasonably restrict days of the week or AS when hunting shall be permitted.

3.8 ing. No boundary fences around the perimeter of any Lot is allowed. The ees only fences permitted on any Lot and shall be subject to approval by the DEW: vo. O863rc065 13 (a) Around approved Building E s, fences not greater than four feet in height constructed of materials approved by the D (b) On garden plots seer to size by the Board, a garden fence not greater than eight (8) feet in height constructed KaGorrials approved by the DEW; (c) Fences aro Qimming pools and tennis courts, the permitted size, construction type and color of wind) all be approved by the DEW; and (d) A do Nie size, construction and location of which shall be approved by the DEW, provided that run is contiguous to and bordered on one side by one of the four permitted Sretcames ee the Building Envelope but in no case shall be less than 100’ from the perimeter property,jn®f such Lot; Boundary m such as stone or clustered trees intended to delineate the Lot Perimeter boundary may be d by the DEW in its sole discretion.

3.9 Trees. Native trees, with the exception of invasive cedar less than 4” in diameter at 4’ above the ground, and timber shall not be removed from any Lot, except as may be deemed necessary by the Design, Environment and Wildlife Committee for the construction of authorized buildings and improvements or beneficial to the natural landscape and health of surrounding flora and fauna. Invasive cedar less than 4” in diameter at 4’ above the ground may be removed by an owner without the prior approval of the Board.

3.10 Vehicle Parking, Storage, Operation and Repair.

flora and fauna. Invasive cedar less than 4” in diameter at 4’ above the ground may be removed by an owner without the prior approval of the Board.

3.10 Vehicle Parking, Storage, Operation and Repair.

(a) Permitted vehicles (as defined in subsection (b) below) may be parked on the Properties. No boats, trailers, campers, motorcycles, snowmobiles, golf carts, or any other similar items shall be parked or stored on the roads or driveways erin the Properties.

(b) No boats, trailers, buses, ef homes, campers (on or off supporting vehicles), motorcycles, snowmobiles, recreattgna¥ vehicles, golf carts, trucks, industrial or commercial vehicles (both cabs or trailers), a@vine or inoperable vehicles (as defined below), or any other similar vehicles (excepting? nger automobiles and one ton or smaller pick-up trucks) shall be parked or stored in or a Lot except within enclosed structures approved in advance by the DEW, and no vehicl y kind shall be maintained, repaired, repainted, serviced or rebuilt on any Lot except wit ompleel enclosed garage which fully screens the sight and sound of the activity from the Lots*’This restriction shall not prevent the non-commercial washing and polishing of vehicles an ~S.. together with activities normally incidental thereto.

(c) Priva the foregoing, vehicles may be temporarily parked on driveways of Lots foNPading, delivery or emergency purposes, but only for the time required to accomplish suc ose, and as necessary for the construction or maintenance of Improvements within the Pr Yes upon compliance with the Master Development guidelines and any conditions imposed EW.

S yo. 03636066 14 (d) An “abandoned or inoperable, SN. shall mean any motorized vehicle

ovements within the Pr Yes upon compliance with the Master Development guidelines and any conditions imposed EW.

S yo. 03636066 14 (d) An “abandoned or inoperable, SN. shall mean any motorized vehicle which does not display a current motor vehicle li t which has not been driven under its own propulsion for a period of two (2) weeks or lo xcepting otherwise permitted vehicles parked by Lot Owners or Occupants on their Lot’ ways while on vacation or during a period of illness), or which does not have an operadgeQutpulsion system within the vehicle.

(e) In the even he Board or the DEW shall determine that a vehicle is abandoned or inoperable, or is ise in violation of the provisions of this Section 3.10, a written notice of violation ey" ing said vehicle shall be personally delivered to the vehicle owner (if such owner can onably ascertained) or shall be conspicuously placed upon the vehicle (if the owner can e reasonably ascertained), and if the offending vehicle is not removed within seventy-two urs thereafter, the Board or DEW (as the case may be) shall have the right to remove stefe the offending vehicle, or cause the vehicle to be removed and stored, at he Owner of the Lot on which the vehicle is located and to enter upon an ch purpose, all without liability on the part of the Board or DEW. Any expense oard or the Design, Environment and Wildlife Committee pursuant to this Section d against any Owner as a Specific Assessment (f) Motorcycles, and motorized trail bikes, mini-bikes, dirt bikes, all-terrain vehicles, mopeds, go-carts and similar motorized vehicles licensed for operation on public roads may be used or operated on the common Roadway System except as such use may be expressly limited in the Master Rules and Regulations.

similar motorized vehicles licensed for operation on public roads may be used or operated on the common Roadway System except as such use may be expressly limited in the Master Rules and Regulations.

3.11. Club Facilities. Use of all other services and amenities on the Properties, including, but not limited to the Area of Common Responsibility, Common Area and Open Area (including the Club Facilities), shall be managed by the Association and be subject to the Master Rules and Regulations.

3.12 Water Wells. Each Owner of a Lot ackng&ledges and agrees that any and all water necessary for the contemplated single family use of, f such Lots shall be furnished by the installation and maintenance of one water well ainwater collection system on each such Lot, at the sole expense of the respective OwnetheMof, such water well installation, operation and maintenance to conform at all times to argh standards of the State of Texas, Blanco County, Texas and any other applicable ory agency, including without limitation, the Texas Commission on Environmental Qualit e applicable. Groupings of the applicable Lots to be connected to a particular system sh éstablished by Declarant, and there shall be no more than four (4) Lots connected at any & each such common well and distribution system (or such bY Texas law would otherwise require the operator(s) of such s a “public utility”). Each of such common well and distribution maintained at all times by a cooperative of the applicable Owners whose Lots are con © the applicable system, in accordance with all applicable standards of the State of Texas ‘Kiadco County, Texas and any other applicable regulatory agency, including without mage Texas Commission on Environmental Quality. All of the operational and lesser number of Lots if applj

e of Texas ‘Kiadco County, Texas and any other applicable regulatory agency, including without mage Texas Commission on Environmental Quality. All of the operational and lesser number of Lots if applj particular system to be regu systems shall be operate maintenance ses for each such common well and distribution system shall be borne by the applicabl rs connected thereto.

vLOS6Src057 15 connected to a private sewage disposal syste structed and located entirely within the boundaries of the applicable Lot at the sole se of the Owner thereof, and such sewage disposal system shall conform to all applic& tandards of the State of Texas, Blanco County, Texas or any other regulatory agency, ing without limitation, the Texas Commission on Environmental Quality. No outdoor to shall be permitted, except for a twenty-four (24) month 3.13 Sewage Disposal. Except where ae each residential structure shall be 3.14 Open Area estrictions. The Open Area is defined and described on the Master Plan and shall be o, y the Declarant and reserved for the benefit of the Association and its Members, their and invitees subject to the restrictions set forth in this Declaration and the following sg Oe are prohibited: ( .N) The construction or location of any buildings, structures or accessory structures 0 equestrian barns and facilities to be used on a day use basis by the Owners.

> (b) Dredging, mining, excavation, or the exploration for, extraction or processing of oil and gas or minerals, or the removal or processing of rock, sand and gravel not associated with a wildlife or fisheries habitat improvement project, or the other industrial use of the Open Area.

(c) Off-road use of vehicles and off-trail use of any form of motorized

nd gravel not associated with a wildlife or fisheries habitat improvement project, or the other industrial use of the Open Area.

(c) Off-road use of vehicles and off-trail use of any form of motorized transportation, except where needed for maintenance and upkeep of the Open Area, including bona fide agricultural purposes, excepting for the use of vehicles to respond to emergencies.

(d) The construction of roads, driveways, and parking areas.

(e) The storage of recreational vehicles (including, but not limited to boats, campers, and motor homes) and the dumping or story’ ashes, trash, garbage, junk, or other unsightly or offensive materials. RX (f) Establishment or maintéNgn@é of any livestock feedlot. A feedlot is a relatively small, confined land area used f ning livestock. The normal and usual feeding operations which have been traditionally Key! ted on ranches and farms in Blanco County are not considered feedlots. & (g) Clearing, wt or other movement of the natural topography of the land except such activities in cggne€tion with fisheries habitat improvement, wildlife habitat improvement, clearing for s urposes (e.g. deadfall along roads, or next to other structures), or clearing for the fire safet 'd on an improved fire management plan.

3.15 No Si Subdivision. No Lot may be further subdivided by any Owner except that the Declar. ior to the sale of the first Lot to an Owner not affiliated with the Declarant, and in the ant’s sole discretion without Board or Association approval, may further ak» t described on the Final Plat.

yo. O363rc:068 16 ARTICLE IV - ARCHITEC Qo LANDSCAPING Dea erected, or installed upon any Lot, and no xcavation, grading and other site work, exterior alterations of existing improvements, anning or removal of landscaping materials) shall take

LANDSCAPING Dea erected, or installed upon any Lot, and no xcavation, grading and other site work, exterior alterations of existing improvements, anning or removal of landscaping materials) shall take place except in compliance with, twa Article, the Design Guidelines promulgated pursuant to Section 4.3 and the Blanco Coun d Development Regulations.

4.1. General. No structure shall improvements (including staking, clear Any Owner may re Saint or redecorate the interior of structures on his Lot without approval. However, mg tions to the interior of patios, and similar portions of a Lot visible from outside the srugf on the Lot shall be subject to approval. No approval shall be required to repaint the exte a structure in accordance with the originally approved color scheme or to rebuild in accord with originally approved plans and specifications.

tures constructed on any portions of the Properties shall be designed by and built in accordan ith the plans and specifications of an architect licensed in the State of Texas and the International Residential Building Code of 2000 as amended from time to time. The DEW in its sole discretion may waive the requirement for a licensed architect provided plans and specifications have been stamped by a structural engineer. All plans and specifications shall be subject to review as provided herein.

This Article shall not apply to the development activities of the Declarant in accordance with the Master Plan, Final Plat and this Declaration.

This Article may not be amended without the Declarant’s written consent so long as the Declarant owns any land subject to this Declaration or subject to annexation to this Declaration.

The provisions of Article IV and the Design as lines shall not apply to any structures

so long as the Declarant owns any land subject to this Declaration or subject to annexation to this Declaration.

The provisions of Article IV and the Design as lines shall not apply to any structures existing as of the date of this Declaration. They sha 3: ver, apply to the medication, remodel or alteration of any structure existing as of the '\ eclaration.

4.2 Architectural Review.

(a) Design, Enviro RN and_Wildlife Committee. The Declarant shall appoint all three (3) of the original ers of the Design, Environment and Wildlife Committee (“DEW”) and all replacements u third anniversary of this Declaration or the sale of seventyfive percent (75%) of the Lots ners not affiliated with the Declarant which ever first occurs.

Thereafter, all of the memb Wie DEW shall be appointed by the Board. So long as the DEW is in existence, the DEW. include at least one person designated by the Declarant, as a nonvoting advisory me addition to at least two (2) members appointed by the Declarant or the Board. Such sig enb shall receive notice of all meetings of the DEW.

Fees; Assistance. The DEW may establish and charge reasonable fees for review RP rvion hereunder and may require such fees to be paid in full prior to review of any 10. 0363069 17 application. Such fees may include the reasonable ag ts incurred in having any application reviewed by architects, engineers or other professio he Declarant and the Association may employ architects, engineers, or other persons as ed necessary to perform the review. The Board shall include the compensation of such aS , if any, in the fee charged by the DEW.

Guidelines and paste (a) Design Gui s. The Declarant shall prepare the initial Design Guidelines, which may contain ral provisions applicable to all of the Lots. The Design

the fee charged by the DEW.

Guidelines and paste (a) Design Gui s. The Declarant shall prepare the initial Design Guidelines, which may contain ral provisions applicable to all of the Lots. The Design Guidelines are intended to ide guidance to Owners, Builders and/or Architects regarding matters of particular conc the DEW in considering applications hereunder. The Design Guidelines are not the exg¢RSive basis for decisions of the DEW, and compliance with the Design Guidelines does not tee approval of any application. The Design Guidelines shall set forth grading done on a Lot and shall also include an approved landscape “plant rovide for the exclusive use of plant species native to the Texas Hill Country.

shall be designed to include the existing mix, distribution and densities of the he intent will be to replace the habitat as well as the plant species that compose the the requirements f palette” which s Such plant plants o habitat.

The Declarant shall have sole and full authority to amend the Design Guidelines as long as it owns any portion of the Properties, notwithstanding the reviewing authority of the DEW, unless the Declarant delegates the power to amend to the DEW. Upon termination or delegation of the Declarant’s right to amend, the DEW shall have the authority to amend the Design Guidelines with the consent of the Board. Any amendments to the Design Guidelines shall not require modifications to or removal of structures previously approved once the approved construction or modification has commenced. There shall be no limitation on the scope of amendments to the Design Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Design Guidelines less restrictive.

ere shall be no limitation on the scope of amendments to the Design Guidelines, and such amendments may remove requirements previously imposed or otherwise make the Design Guidelines less restrictive.

The DEW shall make the Design GuidelinegXavailable to Owners, Builders and/or Architects who seek to engage in development or ction within the Properties. At the Declarant’s discretion, such Design Guidelines AS ecorded in the Public Records, in which event the recorded version, as it may unilaterallQbe“fmended from time to time, shall control in the event of any dispute as to which version cn Guidelines was in effect at any particular time.

(b) Procedures. ve: o commencing any work within the scope of this Article (“Work”), an Owner shall submi DEW an application for approval of the proposed Work in such form as the Design Guide or the DEW may specify. Such application shall include plans and specifications (“Plans ge site layout, grading, structural design, exterior elevations, exterior materials and cog indsaing. drainage, exterior lighting, irrigation, and other features of proposed constru iG) s applicable. The Design Guidelines and the DEW may require the submission of such itional information as may be reasonably necessary to consider any application. T ans shall be in such form and shall contain such information as may be reasonably re pursuant to the Design Guidelines.

18 In reviewing each submission, the DEW ~ consider any factors it deems relevant, including without limitation, harmony of extern > gn with surrounding structures and environment. Decisions may be based on roy aesthetic considerations. Each Owner acknowledges that determinations as to ae are purely subjective and opinions may vary

gn with surrounding structures and environment. Decisions may be based on roy aesthetic considerations. Each Owner acknowledges that determinations as to ae are purely subjective and opinions may vary as to the desirability and/or attractiveness of ular improvements.

¢ all required information, respon riting to the applicant at the address specified in the application. The response may ( ove the application, with or without conditions; (ti) approve a portion of the application HY S*pProve other portions; or (iii) disapprove the application. The DEW may, but shall not igated to, specify the reasons for any objections and/or offer suggestions for curing ections.

The DEW shall, withing (30) days after receipt of a completed application and In One that the DEW fails to respond in writing within sixty (60) days of submission, ap oe shall be deemed to have been given, with the exception of any Development proposed a f the Boundaries of the Building Envelope which will be deemed automatically disappro d denied. However, no approval, whether expressly granted or deemed granted pursuan e foregoing, shall be inconsistent with the Design Guidelines unless a variance has been granted pursuant to Section 4.5. Notice shall be deemed to have been given at the time the envelope containing the response is deposited with the U.S. Postal Service. Personal delivery of such written notice shall, however, be sufficient and shall be deemed to have been given at the time of delivery to the applicant.

Until expiration of the Declarant’s rights under this Article, the DEW shall notify the Declarant in writing within three (3) business days after the DEW has approved any applications relating to proposed Work within the scope of matters delegated to the DEW by the

e DEW shall notify the Declarant in writing within three (3) business days after the DEW has approved any applications relating to proposed Work within the scope of matters delegated to the DEW by the Declarant. The notice shall be accompanied by a copy of the application and any additional information which the Declarant may require. The Declarant shall have ten (10) days after receipt of such notice to veto any such actions, in its sole discretion, by written notice to the DEW and the applicant.

If construction does not commence SX... for which Plans have been approved within two year after the date of approval, suc oval shall be deemed withdrawn, and it shall be necessary for the Owner to reapply for ap before commencing the proposed Work.

¢ The DEW may, by res SS: exempt certain activities from the application and approval requirements of this Articl Qovided such activities are undertaken in strict compliance with the requirements of such reas No flowers, Ss. trees, grasses, or other landscaping shall be allowed on any portions of the Propertie ept in accordance with the landscape plant palette for the Properties approved from time oO by the DEW. The DEW may make amendments to the plant palette and such amendme SO srall apply whether or not recorded in the Official Records of Blanco County, Texas. e) Ss oS yp OS6drcO71 19 ction. Regardless of the type of improvement being constructed on a Lot, once const has commenced, it must be completed within twenty-four (24) months from the date co ion commenced unless otherwise specified in the notice of approval or unless the DEW ts"an extension in writing, which it shall not be obligated to do. Completion of improvemerfin( Hl mean that a certificate of occupancy has been

e specified in the notice of approval or unless the DEW ts"an extension in writing, which it shall not be obligated to do. Completion of improvemerfin( Hl mean that a certificate of occupancy has been issued by the local governing body emg to do so and that they are in a condition suitable for immediate occupancy by the Owner or cupant.

4.4 No Waiver of F Approvals. Each Owner acknowledges that the persons reviewing applications undey.éXis Article will change from time to time and that opinions on aesthetic matters, as well retation and application of the Design Guidelines, may vary accordingly. In addition Owner acknowledges that it may not always be possible to identify objectionable features SOproposed Work until the Work is completed, in which case it may be unreasonable to rn changes to the improvements involved, but the DEW may refuse to approve similar sals in the future. Approval of applications or Plans for any work done or proposed, or, onnection with any other matter requiring approval, shail not be deemed to constitut Wer of the right to withhold approval as to any similar applications, Plans, or other matters quently or additionally submitted for approval.

4.5 Variances. The DEW may authorize variances from compliance with any of its guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require, but only in accordance with duly adopted rules and regulations. Such variances may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective unless approved in writing by the DEW; (b) be contrary to this Declaration; or (c) estop the DEW from denying a variance in other circumstances.

mstances dictate and no variance shall (a) be effective unless approved in writing by the DEW; (b) be contrary to this Declaration; or (c) estop the DEW from denying a variance in other circumstances.

For purposes of this Section, the inability to obtain approval of any governmental agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance.

4.6 Limitation of Liability. The standards procedures established by this Article are intended as a mechanism for maintaining and enh the overall aesthetics of the Properties but shall not create any duty to any Person. Revé approval of any application pursuant to this Article is made on the basis of aesthetic aN ations only, and the DEW shall not bear any responsibility for ensuring the structural ty or soundness of approved construction or modifications, nor for ensuring compt with building codes and other governmental requirements or compliance with plans ecifications, nor for ensuring that all dwellings are of comparable quality, value or size or ymilar design. Neither the Declarant, the Association, the Board, any committee, nor mem any of the foregoing shall be held liable for soil conditions, * or for any defects in plans revised or approved hereunder, or ising out of the manner or quality of approved construction on or 1 matters, the DEW and all persons comprising the DEW shall be the Association as provided in Section 7.6.

drainage or other general site for any injury, damages, or modifications to any Lot defended and inde) yo O863>sc0'72 20 such certificates. Issuance of such a certifica estop the Association from taking enforcement action with respect to any anata > ich the Association had notice as of the date of such certificate.

2 20 such certificates. Issuance of such a certifica estop the Association from taking enforcement action with respect to any anata > ich the Association had notice as of the date of such certificate.

days after receipt of a written request and may charge ee. administrative fee for issuing RO improvements to the Properties made by the in accordance with all applicable city, county, state and t warrant that its improvements to the Properties exceed, standards required by applicable county, state and federal 4.8 Standard of Constructi Declarant have been or will be constru federal building codes. Declarant d: in any manner, the minimum bua laws. \ r the Design Guidelines shall be deemed to be nonconforming. Upon Declarant, the DEW or the Board, Owners shall, at their own cost and structure or improvement and restore the property to substantially the same condition as d prior to the nonconforming work. Should an Owner fail to remove and restore as requi e Declarant, the Association or its designees shall have the right to enter the property§move the violation, and restore the property to substantially the same condition as previously existed. All costs, together with interest at the maximum rate then allowed by law, may be assessed against the benefited Lot and collected as a Specific Assessment.

violation of this written request fr expense, remov: All approvals granted hereunder shall be deemed conditioned upon completion of all elements of the approved Work and all Work previously approved with respect to the same Lot, unless approval to modify any application has been obtained. In the event that any Person fails to commence and diligently pursue to completion all approved Work, the Declarant or the

to the same Lot, unless approval to modify any application has been obtained. In the event that any Person fails to commence and diligently pursue to completion all approved Work, the Declarant or the Association shall be authorized, after notice to the Owner of the Lot and an opportunity to be heard in accordance with Section 7.2(d) of the By-Laws, to enter upon the Lot and remove or complete any incomplete Work and to assess all costs incurred against the Lot and the Owner thereof as a Specific Assessment.

Any contractor, subcontractor, agent, employ: Sone: invitee of an Owner who fails to comply with the terms and provisions of this Art the Design Guidelines may be excluded from the Properties, subject to the notice and h@yimY procedures contained in Section 7.2(d) of the By-Laws. In such event, neither the Declaf: e Association its officers, or directors shall be held liable to any Person for exercising s granted by this paragraph.

standing to pursue ail legal an table remedies available to enforce the provisions of this In addition to the rang ene and the Declarant shall have the authority and Article and the decisions of th 4.10 Develo conform to the follo and Use Restrictions. All development of the Properties shall quirements: Provisions in Addition to County Land Use Regulations. Conformity with any applicable land use regulations of Blanco County (the “Blanco County Land Develofiggy Regulations”) shall be required, in addition to the requirements of this Declaration.

WL OSESrce073 R (b) Authorized Use. Only Ry residential use shall be permitted, together with the keeping of domestic househ ‘<s subject to the limitations set forth herein.

During such time that Lot 74 is utilized fon enefit of the Association, authorized uses may include agricultural use. Re

the keeping of domestic househ ‘<s subject to the limitations set forth herein.

During such time that Lot 74 is utilized fon enefit of the Association, authorized uses may include agricultural use. Re (c) Authorized S res. No building or structure shall be constructed on any Lot, except one single f: sidence, one guest house, garage or storage structures, swimming pool or tennis courter Mmilar structure, not to exceed a total of four (4) structures on any one Lot. No helipad, lgg&p} strip or other similar structure for the takeoff or landing of any type of aircraft shall be p ed on any Lot.

(d) Qoilding Envelope. All Structures and other authorized improvements shall be constructed Qn a Building Envelope. Each Owner may designate a Building Envelope within each L ned by such Owner at the time of their first filing, which may not exceed one acre in Si can be either a circle or a rectangle. With the exception of habitat enhancements noted b »no Development shall be permitted on any Lot outside of the Building Envelope except for access driveways, utility installations, well, septic systems and bridges.

4.11 Construction. No pre-fabricated or modular structures shall be permitted on any Lot. Previously put to use materials designed for architectural detailing on the outside of structures may be permitted by the DEW, in the DEW’s sole discretion.

4.12 Height, Size and Floor Area Limitations. No building shall be greater than thirty (30) feet in height except that elements of the roof up to thirty-eight (38) feet in height may be permitted at the discretion of the DEW committee in accordance with the Design Guidelines.

Building height shall be measured from existing grade to the highest point of the roof. The

in height may be permitted at the discretion of the DEW committee in accordance with the Design Guidelines.

Building height shall be measured from existing grade to the highest point of the roof. The principal residential structure, exclusive of the garage, shall have a minimum floor area of two thousand four hundred (2,400) square feet. Up to 15% of the floor area of the primary residence may include attached, covered outdoor living space. I est house is constructed on a Lot prior to the principal residential structure, the house sh a minimum floor area of fifteen hundred (1,500) square feet, exclusive of the garage & usive of the outdoor living space provision stated above. Any guest house constructed,o, ot following completion of the primary home must have an enclosed living space of not eight hundred (800) square feet, exclusive of open and closed porches, decks, terra oe balconies, driveways and garages. All other restrictions relating to maximum allo square footage for principal residences, guest houses, garages and barns, other than HES for herein or in the Design Guidelines, shall comply with the Blanco County Land Develo ny Regulations.

4.13 Utilities. Bute 1 and telephone utility lines have been installed underground in the access road rights o Connections from improvements on Lots to the underground utility lines shall be compl€te, t the Owners' expense, and shall be constructed underground. Above ground utility instgdatfns are prohibited. Any propane tank installed on a Lot by an Owner shall be buried ngs NO Q vo. O363pcc074 22 4.14 Temporary Structures Prohibited. temporary structures, such as trailers, tents, shacks or other similar buildings shall be permigg any Lot, except during construction or as authorized by the Board.

14 Temporary Structures Prohibited. temporary structures, such as trailers, tents, shacks or other similar buildings shall be permigg any Lot, except during construction or as authorized by the Board.

4.15 Satellite Dishes. A 24” or sg ames satellite dish shall be permitted on any Lot, provided that any satellite dish m & isually shielded from adjacent Lot with shielding approved by the DEW before such satel¥gAqfish is installed.

4.16 Berms. No berm? be constructed or maintained on any Lot unless the DEW, in its sole discretion approvey s construction and maintenance and finds the same to be beneficial between adjacent > In connection with the foregoing, the Board may request, at the expense of the Owner se ‘approval, information relating to the possible impact of the berm on other Lots, which i on may include appropriate engineering studies. An elevated leach field required ited ry authorities or a berm constructed for a pond shall not be considered to be a berm provi is approved by the DEW.

herein t contrary, the Board may allow development outside of the Building Envelope on a Lot for thé’sole purpose of improving wetlands and/or wildlife habitat. Any proposal for wetland improvement or wildlife habitat Improvement shall be reviewed and approved by the Texas Parks and Wildlife Department and/or any other governmental authority having jurisdiction before submittal to the Board.

ghee of Wetlands-Wildlife Habitat. Notwithstanding any provision ARTICLE V - MAINTENANCE AND REPAIR 5.1 Maintenance of Lots. Each Owner shall maintain his or her Lot and any and all improvements thereon, including any pools, ponds, etc., and any and all landscaping situated on the Lot within any designated “Building Envelope” as such term is defined in the Design Guidelines in

ll improvements thereon, including any pools, ponds, etc., and any and all landscaping situated on the Lot within any designated “Building Envelope” as such term is defined in the Design Guidelines in a manner consistent with the Governing Document Community-Wide Standard and all applicable covenants. S 5.2 Maintenance of Vacant Lots. Owner shall maintain his or her vacant Lot by providing for adequate dust control, providi adequate weed control, and the elimination of all fire hazards on the property. Vacant Lo, ¢ subject to rules adopted by the DEW.

S PART THREE: COM TY GOVERNANCE AND ADMINISTRATION anrigy I- THE ASSOCIATION AND ITS MEMBERS 6.1 rag of Association. The Association shall be the entity responsible for management, ig) nance, operation and control of the Area of Common Responsibility. The Association & shall be the primary entity responsible for enforcement of the Governing © vol O36Spc075 23 Documents. The Association shall perform its tunes in accordance with the Governing Documents and the laws of the State of Texas. S 6.2 Membership. Every Owner of Shall be a Member of the Association. There shall be only one membership per Lot. If a te owned by more than one Person, all co-Owners shali share the privileges of such mernaQsh subject to reasonable Board regulation and the restrictions on voting set forth in Secti (c) and in the By-Laws, and all such co-Owners shall be jointly and severally obligated orm the responsibilities of Owners. The membership rights of an Owner which is not ral person may be exercised by any officer, director, partner or trustee, or by the individu signated from time to time by the Owner in a written instrument provided to the Secretary ofa sociation except where such privileges may be restricted by the

ustee, or by the individu signated from time to time by the Owner in a written instrument provided to the Secretary ofa sociation except where such privileges may be restricted by the VotingThe Association shall have one class of membership. Members shall have one sual vote h Lot in which they hold the interest required for membership under Section 6.2. All vote Ca be cast as provided in Section 6.3(a).

No Exercise of Voting Rights. The vote for each Lot owned by a Member shall be exercised by the Owner of the Lot. In any situation where there is more than one Owner of such Lot, the vote for such Lot shall be exercised as the co-Owners determine among themselves and advise the Secretary of the Association in writing prior to the vote being taken. Absent such advice, the Lot’s vote shall be suspended if more than one Person seeks to exercise it.

(b) Commencement of Voting Rights. Voting rights as to each Lot shall vest upon the commencement of assessment obligations for such Lot.

ARTICLE VII - ASSOCIATION POWERS AND RESPONSIBILITIES 7.1 Acceptance and Control of Association Pkoperty.

(a) The Association, through QP ts Board, may acquire, hold, and dispose of tangible and intangible personal property. ~ (b) The Declarant “grow may convey real or personai property to the Association.

7.2 Maintenance of of Common_Responsibility, Common Area and Open Area. xh (a) Th ociation shall maintain, in accordance with the Community-Wide Standard, the Area 0 on Responsibility, the Common Area and the Open Area, which shall include, but need not imited to: G (i) All portions of any guardhouse and electronic security devices located o jacent to the Properties, the Club Facilities, any and all ponds, lakes or streams yo. 03630076 24 4 R

eed not imited to: G (i) All portions of any guardhouse and electronic security devices located o jacent to the Properties, the Club Facilities, any and all ponds, lakes or streams yo. 03630076 24 4 R located on the Area of Common Responsibility, the con Area and the Open Area and any and all private roads owned by the Association, entran tes, and bridges located on the Area of Common Responsibility, the Common Area and iggy Area; (ii) | Such portions additional property included within the Area of Common Responsibility, the Commong’ or the Open Area as may be dictated by this Declaration, any Supplemental Decl , any Covenant to Share Costs, or any contract or agreement for maintenance thereof into by the Association; (iii) property and facilities owned or rented by the Declarant and made available, on a temp r permanent basis, for the primary use and enjoyment of the Association and its M rs, including, but not limited to, administrative offices of the Association. Such Pees and facilities shall be identified by written notice from the Declarant to the Association ang shell remain a part of the Area of Common Responsibility, Common Area or Open Area and aintained by the Association until such time as Declarant revokes such privilege of u enjoyment by written notice to the Association; (iv) |The Association may maintain other property which it does not own if the Board determines that such maintenance is necessary or desirable to maintain the Community-Wide Standard.

The Association shall not be liable for any damage or injury occurring on or arising out of the condition of, property which it does not own except to the extent that it has been negligent in the performance of its maintenance responsibilities.

damage or injury occurring on or arising out of the condition of, property which it does not own except to the extent that it has been negligent in the performance of its maintenance responsibilities.

(b) The Association shall maintain the facilities and equipment within the Area of Common Responsibility and the Common Area in continuous operation, except for any periods necessary, as determined in the sole discretion of the Board, to perform required maintenance or repairs, unless at least sixty-six percent (66%) of the Members in the Association agree in writing to discontinue such operation.

Except as provided above, the ang Rone Responsibility, the Common Area neof and Open Area shall not be reduced by amend. this Declaration or any other means except with the prior written approval of the De as long as the Declarant owns any property described on Exhibit A of this Declarati ee (c) The ae with maintenance, repair and replacement of the Area u of Common Responsibility, Co: rea and Open Area shall be a Common Expense; provided, the Association may seek rei ment from the owner(s) of, or other Person responsible for, certain portions of the Area on Responsibility, Common Area and Open Area pursuant to this Declaration, the Co to Share Costs, other recorded covenants, or agreements with the owner(s) thereof. cs 73 I nce.

25 (a) Required Coverages. The Assoeson. acting through its Board or its duly authorized agent, shall obtain and continue in effect t lowing types of insurance, if reasonably available, or if not reasonably available, the mo ly equivalent coverages as are reasonably available: insurance covering “risks of direct physical loss” on rage by whatever name denominated) for all insurable

, or if not reasonably available, the mo ly equivalent coverages as are reasonably available: insurance covering “risks of direct physical loss” on rage by whatever name denominated) for all insurable improvements within the Area of. on Responsibility to the extent that the Association has assumed responsibility in the ev a casualty, regardless of ownership. If such coverage is not generally available at reasopalNe cost, then “broad form” coverage may be substituted. All property insurance policies awed by the Association shall have policy limits sufficient to cover the full replacement costs e insured improvements under current building ordinance and codes; a “special form” basis (or comparable Se) Commercial general liability insurance on the Area of Common Responsibility, ighng the Association and its Members for damage or injury caused by the negligence NN Association or any of its Members, employees, agents, or contractors while acting o alf. If generally available at reasonable cost, such coverage (including primary and any rella coverage) shall have a limit of at least three-million dollars ($3,000,000.00) per occurrence with respect to bodily injury, personal injury, and property damage; provided, should additional coverage and higher limits be available at reasonable cost which a reasonably prudent person would obtain, the Association shall obtain such additional coverages or limits. If the policy does not contain “severability of interest” in its terms, the Association shall acquire an endorsement to preclude the insurer’s denial of a Lot Owner’s claim because of negligent acts of the Association or of other Lot Owners; (iii) | Workers’ compensation insurance and employers’ liability insurance, if and to the extent required by law;

Lot Owner’s claim because of negligent acts of the Association or of other Lot Owners; (iii) | Workers’ compensation insurance and employers’ liability insurance, if and to the extent required by law; (iv) Directors’ and officers’ liability coverage with policy limits deemed prudent by the Board; \ (v) Commercial crime ef e, including fidelity insurance covering all Persons responsible for handling AssociationNgn in an amount determined in the Board’s best business judgment but not less than an equal to one-fourth (1/4) of the annual Base Assessments on all Lots plus reserves 0 . Fidelity insurance policies shall contain a wavier of all defenses based upon the exclusionSQh erson serving without compensation; and (vi) Sua Ptiona insurance as the Board, in its best business judgment, SS Premiums QM insurance on the Area of Common Responsibility shall be assessed.

by the Board as a Co xpense, determines advisable.

review of th iency of its insurance coverage by one or more qualified Persons, at least one of whom m amiliar with insurable replacement costs in Blanco County, Texas. All Association vot O363>0:078 26 .%) (b) Policy Requirements. The Association shall arrange for an annual e Si policies shall provide for a certificate of insurance to Rumished to the Association and, upon request, to each Member insured.

S The policies may contai NWronabie deductible, and the amount thereof shall not be subtracted from the face amoun Oe policy in determining whether the policy limits satisfy the requirements of Section 7.3 fo e event of an insured loss, the deductible shall be manner as the premiums for the applicable insurance coverage. However, if the Boar ably determines, after notice and an opportunity to be

ion 7.3 fo e event of an insured loss, the deductible shall be manner as the premiums for the applicable insurance coverage. However, if the Boar ably determines, after notice and an opportunity to be heard in accordance with Section’ ) of the By-Laws, that the loss is the result of the negligence or willful misconduct of ores Owners, their guests, invitees, or lessees, then the Board may treated as a Common Expense in the assess the full amount of eductible against such Owner(s) and their Lots as a Specific Assessment.

All gate coverage obtained by the Board shall: & (i) Be written with a company authorized to do business in the State of Texas; gy (ii) Be written in the name of the Association as trustee for the benefited parties.

(iii) Not be brought into contribution with insurance purchased by Owners, occupants, or their Mortgagees individually; (iv) | Contain an inflation guard endorsement; (v) Include an agreed amount endorsement if the policy contains a coinsurance clause; (vi) Provide a waiver of subrogg¥on under the policy against any Owner or household member of an Owner; S (vii) Include an end&gefffent precluding cancellation, invalidation, suspension, or non-renewal by the insurer oeN unt of any one or more individual Owners, or on account of any curable defect or noe off apOut prior written demand to the Association to cure the defect or violation and allowance of sonable time to cure; (vil) Inca endorsement precluding cancellation, invalidation, or i condition to recovery under pSlicy on account of any act or omission of any one or more individual Owners, unless gs ner is acting within the scope of its authority on behalf of the Association; ey Provide that the policy will be primary, even if a Lot Owner has other insurance WDovers the same loss.

s NO

less gs ner is acting within the scope of its authority on behalf of the Association; ey Provide that the policy will be primary, even if a Lot Owner has other insurance WDovers the same loss.

s NO Q ya 0363n:079 27 In addition, the Board shall VERN sonable efforts to secure insurance policies which list the Owners as additional insureds rovide: (i) A waiver of subr SS) as to any claims against the Association’s Board, officers, employees, and its manager torneys, the Owners and their tenants, servants, agents, and guests; RS paying cash; (ii) A we the insurer’s rights to repair and reconstruct instead of consideration under any “4 insurance” clause; S in ge endorsement excluding Owners’ individual policies from An endorsement requiring at least thirty (30) days prior written notice to the Asse$dion of any cancellation, substantial modification, or non-renewal; e&» (v) A provision vesting in the Board exclusive authority to adjust losses; provided Powever, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any related to the loss.

(c) Restoring Damaged Improvements. In the event of damage to or destruction of property which the Association is obligated to insure, the Board or its duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed estimates of the cost of repairing or restoring the property to substantially the condition in which it existed prior to the damage, allowing for changes or improvements necessitated by changes in applicable building codes.

Damaged improvements on the property shall be repaired or reconstructed unless at least seventy-five percent (75%) of Members decide within sixty (60) days after the loss not to

icable building codes.

Damaged improvements on the property shall be repaired or reconstructed unless at least seventy-five percent (75%) of Members decide within sixty (60) days after the loss not to repair or reconstruct. If either the insurance proceeds Qistinates of the loss, or both, are not available to the Association within such sixty (60) iod, then the period shall be extended until such funds or information are available. Ho . Such extension shall not exceed sixty (60) additional days. No Mortgagee shall have the Ngh™o participate in the determination of whether the damage or destruction to the Common Angoul be repaired or reconstructed.

¢ If a decision is made n estore the damaged improvements, and no alternative improvements are authorized, the d property shall be cleared of ail debris and ruins and thereafter shall be maintained Association in a neat and attractive, landscaped condition consistent with the comm Standard.

Any insuragroceds remaining after paying the costs of repair or reconstruction, or after such settlem d necessary and appropriate, shall be retained by the Association for the benefit of its MembeMJr the Owners of Lots, as appropriate, and placed in a capital improvements eS & v0. O363>1s2080 28 If insurance proceeds are insufficient to caer the costs of repair or reconstruction, the Board may, without a vote of the Members, ree ial Assessments to cover the shortfall against those Owners responsible for the premin@’sy the applicable insurance coverage under Section 7.3(a). WN ° 7.4 Compliance and Enforce . Every Owner and occupant of a Lot shall comply with the Governing Documents. The may impose sanctions for violation of the Governing Documents after notice and a hearin ccordance with the procedures set forth in Section 7.2(d)

f a Lot shall comply with the Governing Documents. The may impose sanctions for violation of the Governing Documents after notice and a hearin ccordance with the procedures set forth in Section 7.2(d) of the By-Laws. Such sanctions biclude, without limitation: (a) Impoys asonable monetary fines (which shall not, except in the case of nonpayment of assessmaty constitute a lien upon the violator’s Lot). In the event that any occupant, guest or ie ® of a Lot violates the Governing Documents and a fine is imposed, the fine shall first be & ed against the violator; provided however, if the fine is not paid by the violator within t e period set by the Board, the Owner shall pay the fine upon notice from the Board; SS > (b) Suspending an Owner’s right to vote; (c) Suspending any Person’s right to use any Common Area, Open Area or Club Facilities within the Properties; provided, however, nothing herein shall authorize the Board to limit ingress or egress to or from a Lot; (d) Suspending any services provided by the Association to an Owner or the Owner’s Lot if the Owner is more than thirty (30) days delinquent in paying any assessment or other charge owed to the Association; (e) Exercising self-help or taking action to abate any violation of the Governing Documents in a non-emergency situation; (f) Requiring an Owner, as its Brivome to remove any structure or improvements on such Owner’s Lot in violation Av IV and to restore the Lot to its previous condition and, upon failure of the Owner to do 9Q, Me Board or its designee shall have the right to enter the property, remove the violation and the property to substantially the same condition as previously existed and any such aan AS ot be deemed a trespass; (g) Without labilj any Person, precluding any contractor, subcontractor,

olation and the property to substantially the same condition as previously existed and any such aan AS ot be deemed a trespass; (g) Without labilj any Person, precluding any contractor, subcontractor, agent, employee or other invitee wner who fails to comply with the terms and provisions of Article IV and the Design < s from continuing or performing any further activities in the (h) ng Specific Assessments to cover costs incurred by the Association to bring a Lot into comp¥gnce with Governing Documents.

& NO e) 0 03632081 29 In addition, the Board may take the follgying enforcement procedures to ensure compliance with the Governing Documents with necessity of compliance with the procedures set forth in Section 7.2(d) of the By Lag’y (a) Exercising self-help isf emergency situation (specifically including, but not limited to, the towing of vehicles tha # violation of parking rules and regulations); and (b) Bringing suite or in equity to enjoin any violation or to recover monetary damages to both.

In addition t, Sather enforcement rights, if an Owner fails to properly perform his or her maintenance re ibility, the Association may record a notice of violation in the Public Records or perfo maintenance responsibilities and assess all costs incurred by the Association Maing, Wt and the Owner as a Specific Assessment. Except in an emergency situation, the As tion shall provide the Owner reasonable notice and an opportunity to cure the problem CS ing such enforcement action.

All remedies set forth in the Governing Document shall be cumulative of any remedies available at law or in equity. In any action to enforce the Governing Documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation, attorneys

medies available at law or in equity. In any action to enforce the Governing Documents, if the Association prevails, it shall be entitled to recover all costs, including, without limitation, attorneys fees and court costs, reasonably incurred in such action.

The Association shall not be obligated to take any action if the Board reasonably determines that the Association’s position is not strong enough to justify taking such action. Such a decision shall not be construed a waiver of the right of the Association to enforce such provision at a later time under other circumstances or estop the Association from enforcing any other covenant, restriction or rule.

The Association, by contract or other agreement, may enforce applicable city and county ordinances, if applicable, and permit Blanco oy to enforce ordinances within the Properties for the benefit of the Association and its M ; 7.5 Implied Rights; Board Authon Nie Association may exercise any right or privilege given to it expressly by the Gov, g Documents, or reasonably implied from or reasonably necessary to effectuate any SS ht or privilege. Except as otherwise specifically provided in the Governing Documents, law, all rights and powers of the Association may be exercised by the Board without a Oo e membership.

7.6 Indemnification o Officers, Directors and Others. The Association shall indemnify every officer, dj , and committee member against all damages and expenses, including counsel fees, re bly incurred in connection with any action, suit, or other proceeding (including settlemen suit or proceeding, if approved by the then Board) to which he or she may be a party by on of being or having been an officer, director, or committee member,

, or other proceeding (including settlemen suit or proceeding, if approved by the then Board) to which he or she may be a party by on of being or having been an officer, director, or committee member, except that suc igation to indemnify shall be limited to those actions for which liability is limited under law and Section 14 of the By-Laws.

3 vor O36Sprc6082 30 7.7 Enhancement of Safety. The Associati ay provide for a security patrol within the Properties, and the Association may, but shall a ligated to, maintain or support certain other activities within the Properties designed to € the safety of the Properties. Neither the Association nor the Declarant shall in any w considered insurers or guarantors of security within the Properties, nor shall either be hel e for any loss or damage by reason of failure to provide adequate security or ineffectiven eS security measures undertaken. No representation or warranty is made that any patrol, sys or measures, including any mechanism or system for limiting access to the Properties, c € compromised or circumvented, nor that any such patrol, systems, or security measures u en will in all cases prevent loss or provide the detection or protection for which the pa r system is designed or intended. Each Owner acknowledges, understands and covenants its tenants and all occupants of its Lot that the Association, its Board and committees, a e Declarant are not insurers of safety and that each Person using the Properties assumes Ds of person injury and loss or damage to property, including Lots and the contents of Lots, Kw fig from acts of third parties.

7.8 vision of Services. The Association shall be authorized but not obligated to enter in erminate, in the Board’s discretion, contracts or agreements with other entities,

from acts of third parties.

7.8 vision of Services. The Association shall be authorized but not obligated to enter in erminate, in the Board’s discretion, contracts or agreements with other entities, includi SD Sclarant, to provide services to and facilities for the Members of the Association and their guests, lessees and invitees and to charge use and consumption fees for such services and facilities. By way of example, some services which might be offered include concierge services, property management services, landscape maintenance, pest control, caretaker, transportation, utilities, boarding of horses, and similar services.

ARTICLE VIII - ASSOCIATION FINANCES 8.1 Budgeting and Allocating Common Expenses. At least sixty (60) days before the beginning of each fiscal year, the Board shall prepare a budget of the estimated Common Expenses, including the Club Facilities and any and all expenses associated with the enhancement of safety and the provision of services as set forth in Sg&tions 7.7 and 7.8, for the coming year, including any contributions to be made to a reserve fi suant to Section 8.2. The budget shall also reflect the sources and estimated amounts of cover such expenses, which may include any surplus to be applied from prior years.Nen income expected from sources other than assessments levied against the Lots, and ER Doun to be generated through the levy of Base Assessments, Special Assessments and Sgfa&tgc Assessments against each.

The Association is hereby BOred to levy Base Assessments equally against all Lots subject to assessment under Sect -7 to fund the Common Expenses. In determining the Base Assessment rate per Lot, the B ay consider any assessment income expected to be generated

ally against all Lots subject to assessment under Sect -7 to fund the Common Expenses. In determining the Base Assessment rate per Lot, the B ay consider any assessment income expected to be generated from any additional Lots r ly anticipated becoming subject to assessment during the fiscal year. ay The Declar. RS, but shall not be obligated to, reduce the Base Assessment for any fiscal year by paymen subsidy (in addition to any amounts paid by Declarant under Section 8.8(b), r a contribution, an advance against future assessments due from the Declarant, Declarant’s discretion. Any such subsidy shall be disclosed as a line item in the yo. O363rccO83 31 which may b ora x income portion of the budget. The payment of such idy in any year shall not obligate the Declarant to continue payment of such subsidy in ears, unless otherwise provided in a written agreement between the Association and th arant.

Base Assessment to be levied pursuant te udget, to each Owner not less than forty-five (45) nor more than sixty (60) days prior to ctive date of such budget; provided, however, if the Base Assessment is increased fro previous year’s Base Assessment, the Board shall send notice of the increase by first cla il to the Owners not less than thirty (30) nor more than sixty (60) days prior to the Sy Assessment becoming due. Such budget and assessment shall The Board shall send a copy of the ae together with notice of the amount of the fe automatically become effecy less objected to in writing by an Owner within 10 days of the effective date of the bed amounts or rate o deliver or mail each Owner an assessment notice shall not be deemed a waiver, modj on, or a release of any Owner from the obligation to pay assessments. In such

ctive date of the bed amounts or rate o deliver or mail each Owner an assessment notice shall not be deemed a waiver, modj on, or a release of any Owner from the obligation to pay assessments. In such event, e ner shall continue to pay assessments on the same basis as for the last year for which sessment was made, if any, until a new assessment is made, at which time the Association may retroactively assess any shortfalls in collections.

Failure of S embers to approve a budget or failure of the Board to fix assessment The Board may revise the budget and adjust the Base Assessment from time to time during the year, subject to the notice requirements and the limitations on increases of assessments provided for in Section 8.6.

8.2 Budgeting for Reserves. The Board shall prepare and review at least annually a reserve budget for the Area of Common Responsibility, the Common Area and Club Facilities and the Open Area. The budget shall take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost. The Board shall include in the Common Expense budget adopted pursuant to Section 8.1, a capital contribution to fund reserves in an amount sufficient to meet the projected newdyvith respect both to amount and timing by annual contributions over the budget period. RX 8.3. Special Assessments. In additi hee authorized assessments, the Association may, subject to the limitations of Section evy Special Assessments to cover unbudgeted expenses or expenses in excess of thos ted. Any such Special Assessment may be levied against the entire membership, if Spe ssessment is for Common Expenses or against an individual Lot or Lots or if such S$ ssessment is for an unbudgeted expense relating to less

sessment may be levied against the entire membership, if Spe ssessment is for Common Expenses or against an individual Lot or Lots or if such S$ ssessment is for an unbudgeted expense relating to less than all of the Lots. Special A ents shall be payable in such manner and at such times as determined by the Board, and e payable in installments extending beyond the fiscal year in which the Special Assessm AY pproved The Board shall provide notice by first class mail to the Owner(s) of the Lot(s ject to the Special Assessment not less than thirty (30) nor more than sixty (60) days prior e® pecial Assessment becoming due.

84 S c Assessments. The Association shall have the power to levy Specific Ame t a particular Lot as follows: N 32 (a) To cover the costs, including Ove! and administrative costs, of providing services to a Lot upon request of an Owner pursuant y4menu of special services which may be offered by the Association (which might incl s identified in Section 7.8). Specific Assessments for special services may be lev. Ry advance of the provision of the requested service; and RO ed in bringing a nonconforming Lot into compliance with the Governing Documents, or incurred as a consequence of the conduct of the Owner or occupants of a nonconforming eir agents, contractors, employees, licensees, invitees, or guests; provided, the Board give the nonconforming Lot Owner prior written notice and an opportunity for a hearing, | rdance with Section 7.2(d) of the By-Laws, before levying any Specific Assessment und s subsection (b).

(b) To cover costs i n_ of Increases of Assessments. Notwithstanding any provision to the for assessment increases necessary for emergency situations or to reimburse

c Assessment und s subsection (b).

(b) To cover costs i n_ of Increases of Assessments. Notwithstanding any provision to the for assessment increases necessary for emergency situations or to reimburse the Associati suant to Section 8.4, the Board may not impose a Base Assessment that is more the budgeted Common Expenses for the current fiscal year, without a majority vote of a quorum of the Members which are subject to the applicable assessment at a meeting of the Association, or action without meeting by written ballot in lieu thereof signed by all of the Members of the Association.

For purposes of this Section, “quorum” means more than fifty percent (50%) of the total voting power of the Association subject to the applicable assessment. For purposes of this Section, the term “Base Assessment” shall be deemed to include the amount assessed against each Lot plus a pro rata allocation of any amounts the Association received through any subsidy or maintenance agreement, if any, in effect for the year immediately preceding the year for which the assessment is to be increased.

An emergency situation is any one of the foll we (a) An extraordinary creme ies by an order of a court; (b) An extraordinary e SO essary to repair or maintain the Properties or any part of them for which the a. s responsible where a threat to personal safety on the Properties is discovered; or (c) An extr Ss expense necessary to repair or maintain the Properties or any part of them for which N\ ssociation is responsible which could not have been reasonably foreseen by the Board in ing and distributing the pro forma budget pursuant to Section 8.1.

However, prior to KO osition or collection of such an assessment, the Board shall pass a

ave been reasonably foreseen by the Board in ing and distributing the pro forma budget pursuant to Section 8.1.

However, prior to KO osition or collection of such an assessment, the Board shall pass a resolution containin tten findings as to the necessity of the extraordinary expense involved and why the expens ©: not or could not have been reasonably foreseen in the budgeting process.

Such resoluti all be distributed to the Members with the notice of such assessment. In no event "> resolution become effective against the Declarant so long as the Declarant owns vo. O363pc2085 33 4 Q any Lot(s) within the Properties unless the Declarant caigents in writing by executing any such resolution. RX 8.6 Payment. The Declarant hereby establishes?

as provided for in this Article and elsew j and 8.7, the obligation to pay the asses the first day of the month followi assessment shall be adjusted ac time assessments commence Ct e Association is authorized to levy assessments the Governing Documents. Subject to Section 8.1 ts provided for herein shall commence as to all Lots on irst conveyance of a Lot to an Owner. The first annual to the number of days remaining in the fiscal year at the ot.

Assessments shal Wid in such manner and on such dates as the Board may establish.

The Board may requg Vance payment of assessments at closing of the transfer of title to a Lot and impose special gedwirements for Owners with a history of delinquent payment. If the Board so elects, assessme ay be paid in two or more installments. Unless the Board otherwise provides, nt shall be due and payable in advance on the first day of each fiscal year. If elinquent in paying any assessments or other charges levied on his or her Lot, the

Unless the Board otherwise provides, nt shall be due and payable in advance on the first day of each fiscal year. If elinquent in paying any assessments or other charges levied on his or her Lot, the equire the outstanding balance on all assessments to be paid in full immediately.

8.7 Personal Obligation.

(a) Subject to the provisions of Section 15.5 hereof: Each Owner, by accepting a deed of entering into a recorded contract of sale for any portion of the Properties, is deemed to covenant and agree to pay all assessments authorized in the Governing Documents. All assessments, together with interest (computed from its due date at a rate of eighteen percent (18%) per annum or such other rate as the Board may establish, subject to the limitations of Texas law), late charges as determined by Board resolution, costs, and reasonable attorneys’ fees, shall be the personal obligation of each Owner and a lien upon each Lot until paid in full. Upon a transfer of title to a Lot, the granteg\shall not be personally liable for any assessments and other charges due at the time of cony, unless expressly assumed by him/her, but such transferred Lot shall remain subject to imposed upon it pursuant to Section 8.8 herein. No first Mortgagee who obtains title t t by exercising the remedies provided in its Mortgage shall be liable for unpaid asessmetaich accrued prior to such acquisition of title.

eNSsessment amounts or rates or to deliver or mail each eemed a waiver, modification, or a release of any Owner s. In such event, each Owner shall continue to pay Base Assessments on the same basig gs Wuring the last year for which an assessment was made, if any, until a new assessment is io) at which time the Association may retroactively assess any shortfalls in collections.

on the same basig gs Wuring the last year for which an assessment was made, if any, until a new assessment is io) at which time the Association may retroactively assess any shortfalls in collections.

Failure of the Board to Owner an assessment notice shall no from the obligation to pay asse No OWg2r may exempt himself from liability for assessments by non-use of the Area of Commo ponsibility, the Common Area or the Open Area, by abandonment of his Lot, or any ne . The obligation to pay assessments is a separate and independent covenant on the part He wner. No diminution or abatement of assessments or set-off shall be claimed or vn. 0363r0086 allowed for any alleged failure of the Association or Bagtd to take some action or perform some function required of it, or for inconvenience or disc arising from the making of repairs or improvements, or from any other action it takes. Q The Association shall, upon tof. furnish to any Owner liable for any type of assessment a certificate in writing sign an Association officer setting forth whether such assessment has been paid. Such ce te shall be conclusive evidence of payment. The Association may require the advan ment of a reasonable processing fee for the issuance of such certificate.

(b) Decl \ Obligations for Assessments. The Declarant is subject to the payment of assessments st Lots which it owns; provided, however, any Lot that they own which does not inc structural improvement for human occupancy shall be exempt from payment of that pogti f any such assessment which is for the purpose of defraying expenses and reserves dretlyegpbutabl to the existence and the use of the structural improvements.

nC he Declarant shall also be exempt from the payment of that portion of any

the purpose of defraying expenses and reserves dretlyegpbutabl to the existence and the use of the structural improvements.

nC he Declarant shall also be exempt from the payment of that portion of any assessm&Qhich is for the purpose of defraying expenses and reserves directly attributable to the existence and use of any Area of Common Responsibility, the Common Area and Open Area that is not complete at the time assessments commence. Any exemption from the payment of assessments attributed to the Common Area or Open Area shail be in effect only until such area has been placed into use.

8.8 Lien for Assessments. Each Owner, by his or her acceptance of a deed to a Lot, hereby vests in the Association and its agents the right and power to bring all appropriate actions against such Owner personally for the collection as a debt of any unpaid and delinquent billings for Base Assessments, Common Assessments, Special Assessments, Specific Assessments, interest, late fees, enforcement costs and other charges owing by such Owner in accordance with the terms hereof. Additionally, in order to secure payment of any billings for Base Assessments, Common Assessments, as well as Special Assessments, Spe@ific Assessments, interest, late fees, enforcement costs and other charges due hereunder, t hereby retains for the benefit of the Association and its agents, and each Owner by hr acceptance of a deed to a Lot, hereby grants the Association and its agents a lien for SycIBase Assessments, Common Assessments, as well as Special Assessments, Specific Asses$: , interest, late fees, enforcement costs and other charges for which such Owner is respong der the terms hereof. The Board, acting on behaif of the Association, is authorized to rec notice of any unpaid amounts secured by such lien in

costs and other charges for which such Owner is respong der the terms hereof. The Board, acting on behaif of the Association, is authorized to rec notice of any unpaid amounts secured by such lien in the Public Records, which shall inc a description of the applicable Lot and the name of the Owner thereof and the basis fo ount of the lien. Said lien shall be enforceable by the Association or its agents Tig aif appropriate methods available under applicable Texas law for the enforcement of such li luding without limitation, non-judicial foreclosure pursuant to Section 51.002 of the Te operty Code (as amended from time to time), and the Declarant and each such Owner ne ressly grant to the Association a power of sale in connection with said lien. The Associati ay designate a trustee in writing from time to time to post or cause to be posted the requi otices and to conduct such foreclosure sale. The trustee may be changed at any time and time to time by an instrument in writing and signed by the President or a Vice President NO Association and attested by the Secretary or any Assistant Secretary of the vit 036300087 Association and filed for record in the Public Records. lien herein retained and granted is and shall be expressly subordinate in all respects to any ye predating the charge in question (as evidenced by the recording date of a notice of u assessments in the Public Records). Any holder of a Mortgage that predates the date of t heh ge in question and who acquires title to a Lot through foreclosure of its Mortgage or accept of a deed in lieu of foreclosure thereunder, shall not be liable for the unpaid portion of ane charges relating to the Lot in question that arose prior to such acquisition. Additionall a r any such foreclosure or deed in lieu of foreclosure,

er, shall not be liable for the unpaid portion of ane charges relating to the Lot in question that arose prior to such acquisition. Additionall a r any such foreclosure or deed in lieu of foreclosure, such Lot shalt remain subject to thi laration and the above-described lien and the new Owner of such Lot shall thereafter be p ly liable for all charges of the type described above which relate to such Lot and whichaterome due after such new Owner acquires title to said Lot by foreclosure or by acceptanc, eed in lieu of foreclosure. Except as otherwise provided above as to holders of Mortga aby applicable law, no sale or transfer of any Lot shall (a) relieve any Owner thereof from al liability for any of such unpaid charges attributable to the applicable Lot which becom prior to the date of such sale or transfer or (b) satisfy or extinguish the above-desenbed goon respect of such unpaid charges.

PART FOUR: COMMUNITY DEVELOPMENT ARTICLE IX —- EXPANSION OF THE COMMUNITY 9.1 Expansion by the Declarant. For a period of five-years following the execution hereof, Declarant may unilaterally subject to the provisions of this Declaration to all or any portion of the real property contiguous to the real property described on Exhibit A.

Declarant may transfer or assign this right to annex property, provided that such transfer is memorialized in a written, recorded instrument executed by Declarant. Nothing in this Declaration shall be construed to require the Declarant or any successor to annex or develop any of the Property in any manner whatsoever.

Such annexation shall be accomplished by filj SS upplemental Declaration in the Public Records describing the property to be annexed ifically subjecting it to the terms of this

any manner whatsoever.

Such annexation shall be accomplished by filj SS upplemental Declaration in the Public Records describing the property to be annexed ifically subjecting it to the terms of this Declaration. Such Supplemental Declaration s ot require the consent of Members, but shall require the consent of the owner of such ree if other than Declarant. Any such annexation shall be effective upon the filing for BO such Supplemental Declaration unless otherwise provided therein.

9.2 Additional Coven Sing Easements. The Declarant may subject any portion of the Properties to additional .qoVnants and easements, including covenants obligating the Association to matntain an e such property and authorizing the Association to recover its costs through the vario essments as provided for herein. Such additional covenants and easements may be s Qs either in a Supplemental Declaration subjecting such property to this Declaration or in a Nar Supplemental Declaration referencing property previously subjected to this Declaration, e property is owned by someone other than Declarant, then the consent of the Owner(s) sh necessary and shall be evidenced by their execution of the Supplemental > ny such Supplemental Declaration may supplement, create exceptions to, or viLO363ic:088 otherwise modify the terms of this Declaration as it aafies to the subject property in order to reflect the different character and intended use of suc ity.

ations. Any Supplemental Declaration filed cording in the Public Records unless otherwise On the effective date of the Supplemental this Declaration shall be assigned voting rights in specified in such Supplemental Ped Declaration, any additional property s d to of the Owners as a result of.

GS ART ESE X - ADDITIONAL RIGHTS RESERVED TO DECLARANT

n shall be assigned voting rights in specified in such Supplemental Ped Declaration, any additional property s d to of the Owners as a result of.

GS ART ESE X - ADDITIONAL RIGHTS RESERVED TO DECLARANT 1 AC ithdrawal_of Property. The Declarant reserves the night to amend this DectaraQpNe long as it has a right to annex additional property pursuant to Article IX, without prior notice and without the consent of any Person, for the purpose of removing property then owned by the Declarant, its affiliates, or the Association from the coverage of this Declaration, to the extent originally included in error or as a result of any changes in the Declarant’s plans for the Properties or the Master Plan, provided such withdrawal is not unequivocally contrary to the overall, uniform scheme of development for the Properties.

10.2. Marketing and Sales Activities. The Declarant may maintain and carry out upon Lots owned by Declarant such facilities and activities as, in the sole opinion of the Declarant, may be reasonably required, convenient, or incidental to the sale of Lots, including, but not limited to, signs, and other forms of advertising. The Declarant and authorized invitees shall have easements for access over the Lots.

they own. The Declarant shall have easements f over the Properties to and use of such Lots owned by Declarant at all times. > 2© 10.3 Right to Develop. TaSOMarant and its employees, agents and designees shall have a right of access and use SS. easement over and upon all of the Area of Common Declarant shall also have the right to condu Pein and sales activities on Lots that cp S

agents and designees shall have a right of access and use SS. easement over and upon all of the Area of Common Declarant shall also have the right to condu Pein and sales activities on Lots that cp S Responsibility, the Common Ar he Open Area for the purpose of making, constructing and installing improvements to SS as as it deems appropriate in its sole discretion. Declarant agrees that it or the Person ing such easement shall be responsible for any damage caused to such areas as a result of t rcise of the easement.

Declarant ind to develop the Properties in accordance with the Master Plan. Every Person that acqysh&9 any interest in the Properties acknowledges that The Preserve at Walnut Springs is a planned community, the development of which is likely to extend over many N\!

© vot O3631s6089 a7 years, and agrees not to protest, challenge or otherwise Syect to changes in the Master Plan as it relates to the Properties. S 10.4 Right to Approve Additional atta No Person shall record any declaration of covenants, conditions and restrictions, Ong aration of condominium or similar instrument affecting any portion of the Properties Sei Declarant’s review and written consent. Any attempted recordation without such c shall result in such instrument being void and of no force and effect unless subseque ww roved by written consent signed by the Declarant and recorded in the Public Records. AS 10.5 Right to A Ss Changes in Community Standards. No amendment to or modification of any Mast les and Regulations or Design Guidelines shall be effective without prior notice to and en approval of Declarant so long as the Declarant owns property subject to this Declaration’ ich may become subject to this Declaration in accordance with Section 9.1. ‘eo

without prior notice to and en approval of Declarant so long as the Declarant owns property subject to this Declaration’ ich may become subject to this Declaration in accordance with Section 9.1. ‘eo obligatio the Declarant set forth in this Declaration may be transferred in whole or in part to other Persons; provided, the transfer shall not reduce an obligation or enlarge a right beyond that which the Declarant has under this Declaration. No such transfer or assignment shall be effective unless it is in a written instrument signed by the Declarant and duly recorded in the Public Records.

The foregoing sentence shall not preclude Declarant from permitting other Persons to exercise, on a one-time or limited basis, any right reserved to Declarant in this Declaration where Declarant does not intend to transfer such right in its entirety, and in such case it shall not be necessary to record any written assignment unless necessary to evidence Declarant’s consent to such exercise.

10.7 Exclusive Rights to Use Name of Development. No Person shall use the name “The Preserve at Walnut Springs” or any derivative of such name in any printed or promotional material without the Declarant’s prior written consent. However, Owners may use the name “The Preserve at Walnut Springs” in printed or promotional gtatter where such term is used solely to specify that particular property is located within reserve at Walnut Springs, and the Association shall be entitled to use the words “Th e at Walnut Springs” in its name.

10.8 Special Districts. The Declaf. Wereby reserves the right to create an assessment, water, road or any other type of specia SO t which, in its sole opinion, are beneficial to the

ings” in its name.

10.8 Special Districts. The Declaf. Wereby reserves the right to create an assessment, water, road or any other type of specia SO t which, in its sole opinion, are beneficial to the Properties. The Association and each aN very Owner, by accepting a deed to a Lot, agrees to cooperate with Declarant in creatin implementing such district. Nothing in this Section shall create an obligation on DeclarantepSpoae or implement such districts.

10.9 Terminatio right to maintain a perm hts. The rights contained in this Article, except for Declarant’s ales office, shall not terminate until the recording by Declarant of a written statement th ts have been sold to owners not affiliated with Declarant. Declarant may from time to tim&linquish and surrender one or more but less than all of the reserved rights, in which event nrelinquished reserved rights shall remain fully valid and effective for the remainder of t thereof.

NO Q 100363922090 38 PART FIVE: PROPERTY RIGHTS agers THE COMMUNITY The nature of living in a planned community r <) the creation of special property rights and provisions to address the needs and responsth{ites of the Owners, the developer, the Association, and others within or adjacent to the com we.

© Sere XI - EASEMENTS \ 11.1 Easemaya re of Common Responsibility, Common Area and Open Area.

The Declarant aa SY ach Owner a non-exclusive right and easement of use (subject to the r rights of other Ow embers and the Association), access, and enjoyment in and to the Area of Common Respog ai, Common Area and Open Area, subject to: oe The Governing Documents and any other applicable covenants; (b) Any restrictions or limitation contained in any deed conveying such property to an Owner Association;

Area and Open Area, subject to: oe The Governing Documents and any other applicable covenants; (b) Any restrictions or limitation contained in any deed conveying such property to an Owner Association; (c) The right of the Board to adopt rules regulating the use and enjoyment of the area of Common Responsibility; (d) The right of the Board to suspend the right of an Owner to use Club Facilities within the Common Area (i) for any period during which any charge or assessment against such Owner’s Lot remains delinquent, and (ii) for a period not to exceed thirty (30) days for a single violation or for a longer period in the case of any continuing violation of the Governing Documents after notice and a hearing pursuant to Section 3.23 of the By-Laws: Any Owner may extend his or her right of Sh: enjoyment of the Area of Common Responsibility, Common Area and Open Area t mbers of his or her family, lessees, and social invitees, as applicable, subject to aaaner ulation by the Board. An Owner who leases his or her Lot shall be deemed to have assr ll such rights to the lessee of such Lot for the period of the lease. \ 11.2. Easements for Drab including those for drainag on on any final map of the Properties are incorporated herein by reference and made a meee this Declaration for all purposes as if fully set forth in this Declaration.

( Q The Declarant reserves for itself, so long as the Declarant owns any Property described RS Mit A of this Declaration, and grants to the Association and all utility providers, viLOSE3rccO91 39 perpetual non-exclusive easements throughout all of Haag pernies (but not through a structure) to the extent reasonable necessary for the purpose of: SX

ion and all utility providers, viLOSE3rccO91 39 perpetual non-exclusive easements throughout all of Haag pernies (but not through a structure) to the extent reasonable necessary for the purpose of: SX (i) Installing utilitie SP srsirctre including without limitation, cable and other systems for sending and rece data and/or other electronic signals; security and similar systems: walkways, pathways ails; drainage systems and signage; to serve the Properties; 9S (ii) Ins g, maintaining, repairing and replacing such utilities and infrastructure to serve the Prapees: and (Mees to read utility meters.

(c) arent also reserves for itself the non-exclusive right and power to grant and record in blic Records such specific easements as may be necessary, in the sole discretion of, ant, in connection with the orderly development of the property described on Exhibit NN!

(d) All work associated with the exercise of the easements described in subsections (b) and (c) of this Section shall be performed in such a manner as to minimize interference with the use and enjoyment of the property burdened by the easement. Upon completion of the work, the Person exercising the easement shall restore the property, to the extent reasonably possible, to its condition prior to the commencement of the work. The exercise of these easements shall not extend to permitting entry into the structures on any Lot, nor shall it unreasonably interfere with the use of any Lot and, except in an emergency, entry onto any Lot shall be made only after reasonable notice to the Owner or occupant.

11.3. Easements to Serve Additional Property. The Declarant hereby reserves for itself and its duly authorized agents, successors, assigns, and mortgagees, an easement over the Area of

er or occupant.

11.3. Easements to Serve Additional Property. The Declarant hereby reserves for itself and its duly authorized agents, successors, assigns, and mortgagees, an easement over the Area of Common Responsibility for the purposes of enjoyment, BK access, and development of a property annexed into the Master Plan, whether or not such emy is made subject to the Declaration.

This easement includes, but is not limited to, of ingress and egress over the Area of Common Responsibility for construction of roa for connecting and installing utilities on such ¢ roperty.

property . (2p ee Emergency _and Enforcement. The Declarant grants to the Association easements the Area of Common Responsibility and the Open Area as necessary to enable the Assoogd&w"to fulfill its maintenance responsibilities under Section 7.2.

The Association shall also havgth®right, but not the obligation, to enter upon any Lot, but not to enter any structure thereo mergency, security, and safety reasons and to inspect for the purpose of ensuring com e with and to enforce the Governing Documents. Such right may be exercised by any of the Board and its duly authorized agents and assignees, and all emergency personneNw the performance of their duties. Except in an emergency situation, entry shall only be dugDeasonable hours and after notice to the Owner.

’ y 40 11.4 Easements for Maint 11.5 Easements for Cross-Drainage. Every ‘\ shall be burdened with easements for natural drainage of storm water runoff from other p of the Properties; provided, no Person shall alter the natural drainage on any Lot to incr terially the drainage of storm water onto adjacent portions of the Properties without the le Bas t of the Owner(s) of the affected property and the Board. ; x 6

the natural drainage on any Lot to incr terially the drainage of storm water onto adjacent portions of the Properties without the le Bas t of the Owner(s) of the affected property and the Board. ; x 6 ehicles. The Properties are hereby burdened with an , ambulance personnel, and similar emergency personnel the enforcement of traffic regulations.

11.6 Easement for Emerge easement allowing all policemen, fi entry: to perform their duties, incl 11.7 Title to and Sy Roads. Title to the Roadway System shall be conveyed to the Association, and subject provisions of this Declaration. Each Owner and occupant and each of their guests or A) shall have a non-exclusive easement and right-of-way to use such Roadway System icular and pedestrian ingress, egress, access to and from their Lot and for private road pares < ociation shall have the right to control vehicular circulation through the Properties by such N@pans as establishing speed limits, by installing speed bumps or by any other means reasonably adopted by the Association.

11.8 Recreation Trail Easements. Subject to (a) the Master Rules and Regulations promulgated from time to time by the Board, (b) existing easements and reservations of rights affecting such land, and (c) the requirements of any applicable law, each Owner shall have a right and non-exclusive easement of use and enjoyment of those portions of the Properties designated as Recreation and Trail Easements within the Open Area as shown on the Master Plan. The right and easement to use the Recreation and Trail Easements shall be appurtenant to and shall pass with the title to every Lot, subject to the following limitations: (a) The right of the Board to limit the time that such easements can be used, the

il Easements shall be appurtenant to and shall pass with the title to every Lot, subject to the following limitations: (a) The right of the Board to limit the time that such easements can be used, the manner and scope of such use, and the number of guests that have access thereto and to adopt such rules regulating the use and enjoyment of the same oe to time as shall be in the best interest of the Members who benefit from the use thereof.

(b) The right of the Board ar the right to use the Recreation and Trail Easements by an Owner (i) for any rings which any assessment against such Owner’s Lot remains delinquent, and (ii) for a perio exceed thirty (30) days after notice and hearing as may be provided for in the Bylaws “ae infraction of the Association's Rules and Regulations and this Declaration.

PART SIX: REL SS Xu0s WITHIN AND OUTSIDE THE COMMUNITY The growth and we) The Preserve at Walnut Springs as a community in which people enjoy living, working, aying requires good faith efforts to resolve disputes amicably, attention to and understangé 4 relationship within the community and with our neighbors, and protections of the rights Ke s who have an interest in the community.

© voLOS63rce093 41 ARTICLE XH - DISPUTE RESOLUTION evurrari0 ON LITIGATION Except as provided in this Section, the Association shall not commence a judicial inistrative proceeding without the approval of a brought by the Association to enforce verning Documents (including, without limitation, the foreclosure of liens); (b) the coll of assessments; or (c) counterclaims brought by the Association in proceedings insti against it. This Section shall not be amended unless such

thout limitation, the foreclosure of liens); (b) the coll of assessments; or (c) counterclaims brought by the Association in proceedings insti against it. This Section shall not be amended unless such amendment is approved by t rcentage of votes, and pursuant to the same procedures, necessary to institute proceedings as d above.

12.2 Altersafet Method for Resolving Disputes. The Declarant, the Association, its officers, directors, ommittee members, if any, all Persons subject to this Declaration, and any Person not othea oe subject to this Declaration who agrees to submit to this Article (collectively, “Bound Partj agree to encourage the amicable resolution of disputes involving the Properties, without ‘otional and financial costs of litigation. Accordingly, each Bound Party covenants and agre at those claims, grievances or disputes described in Section 12.3 shal! be resolved using the procedures set forth in Section 12.4 in lieu of filing suit in any court.

12.3 Claims. Unless specifically exempted below, all claims arising out of or relating to the interpretation, application or enforcement of the Governing Documents, or the rights, obligations and duties of any Bound Party under the Governing Documents or relating to the design or construction of improvements on the Properties shall be subject to the provisions of Section 12.4.

Notwithstanding the above, unless all parties thereto otherwise agree, the following shall not be claims and shall not be subject to the provisions of Section 12.4: (a) Any suit by the Association agai Bound Party to obtain a temporary restraining order (or equivalent emergency equitabl and such other ancillary relief as the court may deem necessary in order to maintain the&t quo and preserve the Association’s ability

in a temporary restraining order (or equivalent emergency equitabl and such other ancillary relief as the court may deem necessary in order to maintain the&t quo and preserve the Association’s ability to enforce the provisions of Article III and Arti : (b) Any suit between OpgeNrich does not include Declarant or the Association as a party, if such suit asserts a Claim would constitute a cause of action independent of the Governing Documents, if the me WwZontroversy exceeds five thousand dollars ($5,000); (c) Any suiti ich any indispensable party is not a Bound Party; y A y (d) Any eS to which the applicable statute of limitations would expire within one-hundred twenty 0) ays of the Request for Resolution pursuant to Section 12.4, unless the party or parties again’’whom the Claim is made agree to toll the statute of limitations for such periods as may te fasonabiy necessary to comply with this Article; and NO & yo. 0863094 42 With the consent of all parties thereto, any of thesQove may be submitted to the alternative dispute resolution procedures set forth in Section 24 12.4 Mandatory Procedures. G RS (a) Request for Res gn. Any Bound Party having a claim (“Claimant” against any other Bound Party (“Re ent”) (collectively, the “Parties”) shall notify each Respondent in writing (the “Reques esolution’”’), stating plainly and concisely: L. Than of the claim, including the Persons involved and Respondent, 2. ree basis of the claim (i.e., the specific authority out of which the claim arises); C3 & 3. Claimant’s proposed remedy; and ai NG 4. That Claimant will meet with Respondent to discuss in good faith ways to resolve D m; and 5. That Respondent must respond to the Request for Resolution within thirty (30) days of its receipt or it will be deemed to have been rejected.

ndent to discuss in good faith ways to resolve D m; and 5. That Respondent must respond to the Request for Resolution within thirty (30) days of its receipt or it will be deemed to have been rejected.

(b) Negotiation and Mediation.

1. The Parties shall make every reasonable effort to meet in person and confer for the purpose of resolving the claim by good faith negotiation. If requested in writing, accompanied by a copy of the Request for Resolution, the Board may appoint a representative to assist the Parties in negotiation.

2. If the Respondent rejects the SSiuest for Resolution, or Parties do not resolve the Claim within ninety (90) days of the dat eptance of the Request for Resolution (or within such other period as may be ag@efupon by the Parties) (“Termination of Negotiations”), Claimant shall have thirty (30)Xad@tional days to submit the claim to mediation under the auspice of an independent mediate) providing dispute resolution services in the 3. If Claim $ not submit the claim to mediation within such time, or does not appear for the mediate laimant shall be deemed to have waived the claim, and Respondent shall be released scharged from any and all liability to Claimant on account of such claim; provided, nothi ein shall release or discharge Respondent from any liability to any Person other than the (Q&mant.

M Any settlement of the claim through mediation shall be documented in writing by the or and signed by the Parties. If the Parties do not settle the claim within thirty (30) days afte ission of the matter to the mediation, or within such time as determined by the mediator WO ediator shall issue a notice of termination of the mediation proceedings v yoL O863rac095 43

(30) days afte ission of the matter to the mediation, or within such time as determined by the mediator WO ediator shall issue a notice of termination of the mediation proceedings v yoL O863rac095 43 (“Termination of Mediation”). The Termination of ve notice shall set forth that the Parties are at an impasse and the date that mediation was termy 5. Within five (5) days Nv ermination of Mediation, the Claimant shall make a final written settkement demand LOrfement Demand”) to the Respondent, and the Respondent shall make a final written s nt offer (“Settlement Offer’) to the Claimant. If the Claimant fails to make a Settlement nd, Claimant’s original Request for Resolution shall constitute the Settlement Demand. Respondent fails to make a Settlement Offer, Respondent shall be deemed to have made o” or “take nothing” Settlement Offer. In this event, the Mediator shall issue a final en binding decision within ten (10) days of the last offer. This decision shall bind the parti x may be reduced to judgment. The judgment may be enforced by a court of law after the predbures described in Section 12.6 have been exhausted.

12.5 es of Costs of Resolving Claims.

Subject to Section 12.5(b), each Party shall bear its own costs, including attorne ye band each Party shall share equally all charges rendered by the mediator(s) (“Post Mediati osts”’).

(b) | Any award which is equal to or more favorable to Claimant than Claimant’s Settlement Demand shall add Claimant’s Post Mediation Costs to the award, such costs to be borne equally by all Respondents. Any award which is equal to or less favorable to Claimant than any Respondent's Settlement Offer shall award to such Respondent its Post Mediation Costs.

12.6 Enforcement of Resolution. After resolution of any claim, if any Party fails to

vorable to Claimant than any Respondent's Settlement Offer shall award to such Respondent its Post Mediation Costs.

12.6 Enforcement of Resolution. After resolution of any claim, if any Party fails to abide by the terms of any agreement or award, then any other Party may file suit or initiate administrative proceedings to enforce such agreement or award without the need to again comply with the procedures set forth in Section 12.4. In such event, the Party taking action to enforce the agreement or award shall be entitled to recover from the non-complying Party (or if more than one non-complying Party, from all such Parties pro rata), all costs incurred in enforcing such agreement or award, including, without limitation, att fees and court costs.

12.7. Board Authorization. The Beata perform any act reasonably necessary to institute, defend, settle, or intervene on b f the Association in binding arbitration, nonbinding arbitration, mediation, litigation inistrative proceedings in matters pertaining to (a) enforcement of the governing docume ) damage to the Area of Common Responsibility, (c) damage to the Lots which arises a is integrally related to, damage to the Area of Common Responsibility, or (d) any other oY im or action.

ARTICLE xa SeNMeNT AND DURATION OF DECLARATION 13.1 By Digs In addition to specific amendment rights granted elsewhere in this Declaration, until co ance of the first Lot to an Owner unaffiliated with Declarant, Declarant may unilaterally nd or repeal this Declaration for any purpose. Thereafter, the Declarant may unilaterally this Declaration if such amendment is necessary to (i) bring any provision into om ENG any applicable governmental statute, rule, regulation, or judicial determination; yo 0363916096 44

y unilaterally this Declaration if such amendment is necessary to (i) bring any provision into om ENG any applicable governmental statute, rule, regulation, or judicial determination; yo 0363916096 44 (ii) enable any reputable title insurance company to iss insurance coverage on the Lots; (iii) enable any imstitutional or Federal National Mo Association or Federal Home Loan Mortgage Corporation, to make purchase, insure 0 tee mortgage loans on the Lots; or (iv) to satisfy the requirements of any local, state or NG governmental agency. However, any such amendment shall not adversely affect the titleyOmhy Lot unless the Owner thereof shall consent in writing. \ 13.2. By Members. Exce Q otherwise specifically provided above and elsewhere in this Declaration, this Declaratio e amended only by the affirmative vote or written consent, or any combination thereof, AY St sixty-five percent (65%) of the Members.

Notwithstanding ove, the percentage of votes necessary to amend a specific clause shall not be less thane prescribe percentage of affirmative votes required for action to be taken under that clause.

9 13.3 dity and Effective Date. No amendment may remove, revoke, or modify any right or of the Declarant without the written consent of the Declarant.

If an Owner consents to any amendment to this Declaration or the By-Laws, it will be conclusively presumed that such Owner has the authority to consent, and no contrary provision in any Mortgage or contract between the Owner and a third party will affect the validity of such amendment.

Any amendment shall become effective upon recording in the Public Records, unless a later effective date is specified in the amendment. Any procedural challenge to an amendment must be

such amendment.

Any amendment shall become effective upon recording in the Public Records, unless a later effective date is specified in the amendment. Any procedural challenge to an amendment must be made within thirty (30) days of its recordation, or such amendment shall be presumed to have been validly adopted. In no event shall a change of conditions or circumstances operate to amend any provisions of this Declaration.

13.4 Duration of Declaration. This NN shall continue to remain in full force and effect at all times against the Properties and the , Subject to the right of amendment as set forth herein, until December 31, 2023. Th ty this Declaration shall be automatically renewed and extended for additional nee in we y (20) year periods unless all of the Owners of the Lots otherwise unanimously agree in pursuant to a_written instrument of termination filed of record in the Public Records. ~ ‘SS cS y cs & \ 3 “@ vot 03632097 45 IN WITNESS WHEREOF, the undersigned Srant has executed this Declaration the date and year first written above. cp THE WALNUT SPRINGS PROMRVE LIMITED PARTNERSHAY By: WALNUT SB ». INC., General P Ss By: Com | we re G7.

cs Name: Gerald T. Halpin Title: President STATE OF VIRGINIA ) SS.

COUNTY OF FAIRFAX ) appeared @°7 Ha loi n personally known t proved e on the basis of satisfactory evidence to be the person whose name is te o the within instrument and acknowledged to me that he or she executed the same in wre: authorized capacity, and that by his or her signature on the instrument, the aS the instrument.

> upon behalf of which the person acted, executed Notary Public S My commission expires: 5-3): 09 vo. O8ESrccGS8 46 EXHIBIT A \4 S

hat by his or her signature on the instrument, the aS the instrument.

> upon behalf of which the person acted, executed Notary Public S My commission expires: 5-3): 09 vo. O8ESrccGS8 46 EXHIBIT A \4 S Single Family Residential Lots 1 through 53, ~ 66-79, inclusive, Multipurpose Lots 54 and 55A, Common Road Lots 58 through 60 ana inclusive, and Open Space Lots 61 through 65, inclusive, all of THE PRESERVE AT Weer SPRINGS, an addition in Blanco County, Texas, according to the map or plat thereof r. ed in Volume 2, Pages 23-33 of the Plat Records of Blanco County, Texas. SS <S yo. O863r1cc099 4] I, Dr. Nader Bozorgi, as the owner of Lot 28 in owt. at Walnut Springs, Johnson City, Blanco County, Texas do hereby sen ONW e amendments as presented and approved by the membership of The Prese alnut Springs Home Owners Association at the December 13, 2006 Or I hereby agree that said lots are age the covenants, conditions, restrictions, reservations, liens, charges, an set forth in the amendments approved on December 13, 2006.

By signing below I acc e Se as binding and indicate that I have received a copy of said amen THE STATE OF “T\hnes couNTYOF Caok, Before me, Ne oon athe undersigned Notary Public, on this the 12> day of , A.D. OR ‘(eared appeared Dr. Nader Bozorgi known to me (or proved to me on the 0 Nod-ey 28091 } } } or through Driver’s License Number BQbQ6 ge , Stateof Z/hinets _) to be the person whose name is subscribed to the oing instrument and acknowledged to me that he executed the same for the p and consideration therein expressed.

i A.D., aA’ Nofary Public, State ed or Printed N.

My Commission Expires: Tarte Zea Nw | © — yo O3b3rce100 e of Notary:

ideration therein expressed.

i A.D., aA’ Nofary Public, State ed or Printed N.

My Commission Expires: Tarte Zea Nw | © — yo O3b3rce100 e of Notary: I, Marcia Myers Carlucci, as the owner of Lot oor Preserve at Walnut Springs, c Johnson City, Blanco County, Texas do hereby ent to the amendments as presented and approved by the membership of The P¢, at Walnut Springs Home Owners Association at the December 13, 2006 J I hereby agree that said lots are ae the covenants, conditions, restrictions, reservations, liens, charges, an 13, 2006. xh By signing below I acca amendments as binding and indicate that I have received a copy of said amen set forth in the amendments approved on December Date THe staré or Katie - $ on this the day of Ale personally appeared Marcia Myers Carlucci known to me (or proved to mag! e oath of or through Driver’s License Number the person whose name is subscribed t me that he executed the same for the 0 ma.

Ear) , State of ) to be regoing instrument and acknowledged to ses and consideration therein expressed.

Notgfy Public, Stateof Typed or Printed Name of Notary: et andre My Commission Expires: 200 fyoLOS63rccL04 Livers Wa Living Trost Francis X. Chambers, Jr. jand Carol Chamber as th rs of Lot 77 in The Preserve at Walnut Springs, Johnson City, Blanco County, PexXQ)8o hereby consent to the amendments as presented and approved by th bership of The Preserve at Walnut Springs Home Owners Association at the x ber 13, 2006 meeting.

4 We hereby agree that said lots are suo the covenants, conditions, restrictions,

ed and approved by th bership of The Preserve at Walnut Springs Home Owners Association at the x ber 13, 2006 meeting.

4 We hereby agree that said lots are suo the covenants, conditions, restrictions, reservations, liens, charges, and SS forth in the amendments approved on December 13, 2006.

By signing below we acc amendments as binding and indicate that we have received a copy of said dments.

Francis X. Chambérs, Jr. -7, 7 hfs > Ta Carol Chambers , Offa \ sy \ COUNTY OF Fas cat } ‘Before me, i. nA ew G Con nal , the undersigned Notary Public, Chambers, Jr. and Carol Chambers known to me (or Che to me on the oath of or through Drivergs QY8se Numbers _, statao ) to be the persons whose names are subscribed to the foregoing mat and acknowledged to me that they executed the same for the purposes and¢ ration therein expressed.

a MW ; cS Notary Public, State 4 GIVEN UNDER MY HAND ANDY OF OFFICE THIS the tS day of gp a ~ Typed or Printed Name of Notary: aX) Searels Ge | & My Commission Expires; Sx, QS\ — yo. O863r102 I, Max C. Chapman eas the owner of Lots 42 and The Preserve at Walnut Springs, Johnson City, Blanco County, Texas d SS consent to the amendments as presented and approved by the membership o reserve at Walnut Springs Home Owners Association at the December 13, {one ¢ I hereby agree that said lots are subj “2 covenants, conditions, restrictions, reservations, liens, charges, and we forth in the amendments approved on December 13, 2006.

By signing below I scan Xo nendmen as binding and indicate that I have received a copy of said aIERGIES) S o S dre ans CS Max C. Chapman, Q Date THE STATE OF Wiomin 4. } }

By signing below I scan Xo nendmen as binding and indicate that I have received a copy of said aIERGIES) S o S dre ans CS Max C. Chapman, Q Date THE STATE OF Wiomin 4. } } Before me, Ma he rw e undersigned Notary Public, on this the day of goth . personally appeared Max C.

Chapman, Jr. known to me (or proved to me oath of or through Driver’s License Number /0% 2-) ,Stateof w to be the person whose name is subscribed t regoing instrument and acknowledged to me that he executed the same for the Ses and consideration therein expressed.

GIVEN UNDER MY HAND ahha OF OFFICE THIS the day of aN Notary Public, State o Typed or Printed Name of Notary: OSe nr wv is lf My Commission Expires: PL 2efe?

vot O363prce4103 I, Robert J. Bradley, as Trustee of the Cumbie Famil ocable Trust, owner of Lot(s) 43 in The Preserve at Walnut Springs, Johnson @ co County, Texas do hereby consent to the amendments as presented and ed by the membership of The Preserve at Walnut Springs Home Ownerse, Piation at the December 13, 2006 meeting. WwW I hereby agree that said lots are su S&S ‘o the covenants, conditions, restrictions, reservations, liens, S an set forth in the amendments approved on December 13, 2006.

By signing below I acc e Se as binding and indicate that I have received a copy of said amen * 9 © oe obert J. Bradley, Trustee Lainie oe .

nee OF Wn cOMa. } . } mae me,’ “Coane x. 6 one e undersigned Notary Public, Bradley of the Cumbie Family Irrevocable T Soon to me (or proved to me on the oath of ough Driver’s License Number e the person whose name is subscribed to to me that he executed the same for the , State of

y of the Cumbie Family Irrevocable T Soon to me (or proved to me on the oath of ough Driver’s License Number e the person whose name is subscribed to to me that he executed the same for the , State of the foregoing instrument and ackno purposes and consideration therein A.D 7.

(yo 2 -roxe Q Notary Public, State of \ ‘ oe My Commission Expires: Sop 2d, S004 GIVEN UNDER MY rand SEAL OF OFFICE THIS the re day of yo OS6Sr 104 Walter F. Evans and Mary Candace Evans, as the ownexg of Lot 40 in The Preserve at Walnut Springs, Johnson City, Blanco County, Texa Srereby consent to the amendments as presented and approved by the ee hip of The Preserve at Walnut Springs Home Owners Association at the Deoggt 13, 2006 meeting.

¢ We hereby agree that said lots are “RO covenants, conditions, restrictions, reservations, liens, charges, and uses h in the amendments approved on December 13, 2006.

received a copy of said ents.

Oe ne VDA Teer TY) Bly?

GS s Wlter F. Evans 7 A, Date IN f cw ale | Q Ma Millie SC bier Wi R - Mary Candac¢ Evans Date By signing below we accept Morne as binding and indicate that we have THE STATE OF _Leuas Before me, . he undersigned Notary Public, Evans and Mary Candace Evans known to me ( , to me on the oath of or throug r’s License Numbers , State o to be the persons whose names are subscribed to the foregoing instrume acknowledged to me that they executed the same for the purposes and consid therein expressed.

3 } } GIVEN UNDER MY HAND ghia OF OFFICE THIS the 1 8 day of 0 ‘i A.D., \ Rey sy Notary Public, oe of or J.

Shy ED. Typed or Printed Name of Notary: “S (ALA My Commission Expires: 23-32; OY SS My WN Hn Nyy, e &, xe .

* WUtHHiYy, -aY i] [=] eo) nN 4, te % “ny " y %

i A.D., \ Rey sy Notary Public, oe of or J.

Shy ED. Typed or Printed Name of Notary: “S (ALA My Commission Expires: 23-32; OY SS My WN Hn Nyy, e &, xe .

* WUtHHiYy, -aY i] [=] eo) nN 4, te % “ny " y % MN 14 jeer | y OL O36Srace 105 Keown C\tnacpe .

David Elaapigan and Carol Htertttgem, as the owners A 27 in The Preserve at Walnut Springs, Johnson City, Blanco County, Texas do her nsent to the amendments as presented and approved by the membership of rve at Walnut Springs Home Owners Association at the December 13, & ing.

We hereby agree that said lots are subj e covenants, conditions, restrictions, reservations, liens, charges, and uses in the amendments approved on December received a copy of said a ents.

13, 2006 & By signing below we accept Moroes as binding and indicate that we have David Klenniger—— Date ' } COUNTY OF fw” fh \ vay Before me, hag Vn.t f he undersigned Notary Public, and Carol Flanagan known to me KS) to me on the oath of Hanegon Ann Flame tough A<) License Numbers , State of y the persons whose names are subscribed to the foregoing instrument and ackno to me that they executed the same for the purposes and consideration therein e ed.

nett? th - F an Map x, wee ARS “A Sy fy Bad Mop: wt Ft Y Lie hate a otary Public, State of Vivir Typed or Printed Name ee My Commission Expires: "3. 3) -Jo0R vo. OS63p16106 19 and 51 in The Preserve at Walnut Springs, Johns Blanco County, Texas do hereby consent to the amendments as presented @ oved by the membership of The Preserve at Walnut Springs Home Owners ARC cP at the December 13, 2006 es

rings, Johns Blanco County, Texas do hereby consent to the amendments as presented @ oved by the membership of The Preserve at Walnut Springs Home Owners ARC cP at the December 13, 2006 es I hereby agree that said lots are subje Whe covenants, conditions, restrictions, reservations, liens, charges, and us forth in the amendments approved on December 13, 2006.

1, Gerald T. Halpin, as Trustee of the Gerald T. Halpin gS Trust, owner of Lot(s) By signing below I sce Menten as binding and indicate that I have received a copy of said cme SS cs & eT: — SS Gerald T. Halpin, Trustee > 3/b) 07 Date THE STATE OF } } COUNTY OF } Before x L/ennoa OUNn e undersigned Notary Public, on this the “% day of Mane. , A.D. 208% Personally appeared Gerald T.

Bialpit, es of the Gerald T. ach Revocs RAD Dst, Eerie to ime Xer proyecto me _ See 6Pthe person whose name is subscribed to the foregoing instrument and acknowled me that he executed the same for the purposes and consideration therein e GIVEN UNDER MY HAND isegg OF OFFICE THIS the Puss day of A.D., 2Q0 Notary Public, State of Typed or Printed Name of Notary: My Commission Expires: ~.5-3/- O09 yLO363rc407 I, Gary Holloway, on behalf of Hollger, LLC o ots 4, 12, 13, 29, 34 and 41 in The Preserve at Walnut Springs, Johnson Cit co County, Texas do hereby consent to the amendments as presented and approy, the membership of The Preserve at Walnut Springs Home Owners Associgp the December 13, 2006 meeting.

I hereby agree that said lots are su oy. the covenants, conditions, restrictions, reservations, liens, charges, an set forth in the amendments approved on December 13, 2006. xh By signing below I acon amendments as binding and indicate that I have received a copy of said amen 9 g S

an set forth in the amendments approved on December 13, 2006. xh By signing below I acon amendments as binding and indicate that I have received a copy of said amen 9 g S Before me, Qennifec Wormer \ undersigned Notary Public, onthisthe 5" dayof Macch ._.AD. me rsonally appeared Gary Holloway on behalf of Hollger, LLC, known to ee roved to me on the oath of or throug r’s License Number , State of y the person whose name is subscribed to the foregoing instrument and acknowled. me that he executed the same for the purposes and consideration therein meee GIVEN UNDER MY HAND ANEEAL OF OFFICE THIS the =" day of ate of Typecef Printed Name of Notary: VEAMFELC caer My Commission Expires: Ont \O vot 03639125108 E; William Z Jenkins and Catherine D. Jenkins, owners Nw 10 in The Preserve at Walnut Springs, Johnson City, Blanco County, Texa ereby consent to the amendments as presented and approved by the ee hip of The Preserve at Walnut Springs Home Owners Association at the Deeg 13, 2006 meeting.

¢ We hereby agree that said lots are subj Ore covenants, conditions, restrictions, reservations, liens, charges, and uses in the amendments approved on December received a copy of said ents.

se Ry \S oe | Catherine D. Jenkins Date By signing below we accept Morne as binding and indicate that we have William Jenkins } COUNTY OF Aarne \ Before me, YtAy Lo the undersigned Notary Public, onthis the _sot“day of Movt— , A.D. 2 rsonally appeared William Ge.

Jenkins and Catherine D. Jenkins known to me ge4Qy8wed to me on the oath of or throug r’s License Numbers 2/1 774%? en to the foregoing instrument and acknowl

Jenkins known to me ge4Qy8wed to me on the oath of or throug r’s License Numbers 2/1 774%? en to the foregoing instrument and acknowl to me that they executed the same for the purposes and consideration therein oR ec.

v A.D., AN is a COMMISSION EXP! Rd or Printed Name of Notary: j42-6 C47/-9 Z why August 28, 2009 yo. O363rc409 Richard King, IV and Rebecca Rooney, as their indiv, as the owners of Lot 45 in The Preserve at Walnut Texas do hereby consent to the amendments as membership of The Preserve at Walnut Spri December 13, 2006 meeting. xX SY ¢ We hereby agree that said lots are s to the covenants, conditions, restrictions, reservations, liens, charges, and t forth in the amendments approved on December 13, 2006. SS ] Property Interests may apply, , Johnson City, Blanco County, ted and approved by the ome Owners Association at the By signing below we acc 9S sendiments as binding and indicate that we have received a copy of sai ndments.

G 3 Richard King, IV Date (a joo 2h [0%— Rebecca Rooney ate THE STATE OF] ea } } COUNTY OF J4/ana) } Before me, , the undersigned Notary Public, on this the day of , A.D. 2007qersonally appeared Richard King, IV and Rebecca Rooney, known to me (or pr t8 me on the oath of or through icense Number , state of ) to‘Ne te persons whose names are subscribed to the foregoing instrument and acknowle me that they executed the same for the purposes and consideration therein ex GIVEN UNDER MY HAND AXR@AL OF OFFICE THIS the /Z ay of we Gur de. iy Toh.

RS Notary Public, State of : Typed or Printed Name of Notary: My Commission Expires: Dy bee 27 dod) .

q

rein ex GIVEN UNDER MY HAND AXR@AL OF OFFICE THIS the /Z ay of we Gur de. iy Toh.

RS Notary Public, State of : Typed or Printed Name of Notary: My Commission Expires: Dy bee 27 dod) .

q I, Kip Knelman, as Trustee of the Benjamin, James & Jaseph Knelman Trust, owner of Lot 50 in The Preserve at Walnut Springs, Johnson lanco County, Texas do hereby consent to the amendments as presented eves by the membership of The Preserve at Walnut Springs Home Owners ANC on at the December 13, 2006 meeting. ° % OS I hereby agree that said lots are subje Whe covenants, conditions, restrictions, reservations, liens, charges, and u LS) forth in the amendments approved on December By signing below I sce A Mnenden as binding and indicate that I have received a copy of said SERA © ey 1<e ln om Kip Knelman, Trustee Date CAROLYNF CARPENTIER THE STATE OF YVinnasokeo } on } My Comm, Expires Jan 31, 2010 COUNTY OF Len negen } on this the /V#A day of , A.D. 2007, «personally appeared Kip an Trust, known to me (or or through Driver’s License Knelman, Trustee of the Benjamjn, James & Joseph proved to me on the oath of Number O05, to be the person whose name is subscribed to the foregoing instrument and wledged to me that he executed the Wha nok AD., 209 RS Notary Public, State of Typed pr Printed Name pf Notary: iw My Commission Expires: /- 3/-RO/O yoLOSESraccL14 I, Stephen Peet, as the owner of Lots 17 and 48 in AN eserve at Walnut Springs, Johnson City, Blanco County, Texas do hereby con Whe amendments as presented and approved by the membership of The PIERS Inut Springs Home Owners

wner of Lots 17 and 48 in AN eserve at Walnut Springs, Johnson City, Blanco County, Texas do hereby con Whe amendments as presented and approved by the membership of The PIERS Inut Springs Home Owners Association at the December 13, 2006 meeting I hereby agree that said lots are subjec Pons conditions, restrictions, reservations, liens, charges, and uses h in the amendments approved on December 13, 2006.

By signing below | accept pa Qrines as binding and Andicate that I have received a copy of said amendments.

THE STATE OF ; ” } COUNTY OF TH } Before me, Mau r (2 “1 tte Lt , the undersigned Notary Public, on this the aie day of Ve , A.D. 2007, personally appeared Stephen Peet known to me (or proved to me on the oath of or through Driver’s License Number te of ) to be the person whose name is subscribed to the came tn and acknowledged to me that he executed the same for the payposeet an ideration therein expressed.

GIVEN UNDER MY HAND AND S$ D., 2007.

OFFICE THIS the day of MAURA PERROTTELLI Notary Public My Commission Expires Feb. 28, 2009 I, Stuart Pratt, as the owner of Lot 2 in The Preserve at Geiss Springs, Johnson City, Blanco County, Texas do hereby consent to the ame ts as presented and approved by the membership of The Preserve at Walnut SS ome Owners Association at the December 13, 2006 meeting.

reservations, liens, charges, and uses h in the amendments approved on December ¢ I hereby agree that said lots are ee conditions, restrictions, 13, 2006.

By signing below I accept pine as binding and indicate that I have received a copy of said amendments \ Ss wv Pratt I Q WS, 200k Date THE STATE OF Q4SACHAETTS } } Before me, NV the undersigned Notary Public, on this the 5 th day of

ave received a copy of said amendments \ Ss wv Pratt I Q WS, 200k Date THE STATE OF Q4SACHAETTS } } Before me, NV the undersigned Notary Public, on this the 5 th day of of Hunneman Real Estate Corporation known ie proved to me on the oath of r’s License Number or throug , State of seine person whose name is subscribed to the foregoing instrument and acknowled me that he executed the same for the purposes and consideration therein e ed GIVEN UNDER MY HAND om OF OFFICE THIS the ok day of AMAL A.D., 2 ks Maney © Mens Re Notary PubHc, State of YpEeSPCKAETITS Typed or Printed Name of Notary: Ss My ane ssion Denier y 16} [BO1/ > yo. OSE3rc6113 44.46,52.53.61,62,63.64,68.6970,71,72,73,75,7 6 in The Preserve at Walnut Springs, Johnson City, Blanco County, TexagdONg2reby consent to the amendments as presented and approved by the meng Preserve at Walnut Springs Home Owners Association at the December TN meeting.

I hereby agree that said lots are subj o the covenants, conditions, restrictions, reservations, liens, charges, a set forth in the amendments approved on December 13, 2006.

By signing below I acca amendments as binding and indicate that I have received a copy of said meee ‘ ry CT 1 > G. T. Halpin, President, Walnut Springs, Inc.

as General Partner of The Preserve at Walnut Springs, LP Aeril 1% 2.001) Date THE STATE OF RS COUNTY OF } C5 Before me, , the undersigned Notary Public, on this the 13th day of Pan f Os 2007, personally appeared Gerald T.

titted to be o the foregoing instrument and acknowledged to € purposes and consideration therein expressed.

GIVEN UNDER MY, ND SEAL OF OFFICE THIS the git day of 4, / f we Notary Public, State of Vere ims Typed or Printed Name of Nobty:

ent and acknowledged to € purposes and consideration therein expressed.

GIVEN UNDER MY, ND SEAL OF OFFICE THIS the git day of 4, / f we Notary Public, State of Vere ims Typed or Printed Name of Nobty: My Commission ExpiressS 5-3/-09 yr OSbSrc814 I, Roger A. Golde, on behalf of RAG Dynasty Trust, owger of Lot 67 in The Preserve at Walnut Springs, Johnson City, Blanco County, ee ereby consent to the amendments as presented and approved by the AOBShip of The Preserve at Walnut Springs Home Owners Association at the aN 13, 2006 meeting.

I hereby agree that said lots are subjec SP cso conditions, restrictions, reservations, liens, charges, and “Oo h in the amendments approved on December 13, 2006.

By signing below | accept Sn as binding and indicate that I have received a copy of said amendments ‘\ ey Q 9 6 Balle & Roger A. Golde Ward_& , 200 7 Date THE STATE OF COUNTY OF Before Ma Kane undersigned Notary Public, Golde on behalf of RAG Dynast ’ Trust, known to me (@ proved to me on the oath of or through Drive ense Number 6 State of ) to be the person whose instrument and acknowledged to me that he RS d the same for the purposes and consideration therein expressed.

GIVEN DER MY HAND AND ee OFFICE THIS the _J Vay of Much. A +2007. 06 MARLYNE A. LAHENS ay Notary Public Commonweaith of Massachusetts yo. O363rcc115 : eae al I, Mike Halpin, on behalf of SAVIT Associates Pe of Lots 6, 11, 14, 39, 47 and 55-B in The Preserve at Walnut Springs, Jo ty, Blanco County, Texas do hereby consent to the amendments as presented anu Qove by the membership of The Preserve at Walnut Springs Home Owge, Lv) ociation at the December 13, 2006 meeting. A

s, Jo ty, Blanco County, Texas do hereby consent to the amendments as presented anu Qove by the membership of The Preserve at Walnut Springs Home Owge, Lv) ociation at the December 13, 2006 meeting. A I hereby agree that said lots orgie to the covenants, conditions, restrictions, reservations, liens, charges SY es set forth in the amendments approved on December 13, 2006. RS By signing below SS the amendments as binding and indicate that I have received a copy of said amendgeznts.

© oe THE STATE OF tO) Jax-mags } cage a me, Michal T = SS. undersigned Notary Public, on this the GS4%& dayof Mga ch ,A. personally appeared Mike Halpin on behalf of SAVIT Associates, LLC known or proved to me on the oath of e the person whose name is subscribed to the foregoing instrument and ackno to me that he executed the same for the purposes and consideration nw Chui 2 VeapactNotary Public, State of Typed i Printed Name of Notary: My Commission Expires: If SIf/O8 yp OSESrc116 Kenneth Starr and Alice Starr, as the owners of Orn: Preserve at Walnut Springs, Johnson City, Blanco County, Texas do aN ent to the amendments as presented and approved by the membership of The Pz; at Walnut Springs Home Owners Association at the December 13, 2006 eo reservations, liens, charges, an set forth in the amendments approved on December We hereby agree that said lots s t to the covenants, conditions, restrictions, 13, 2006.

By signing below we - amendments as binding and indicate that we have received a copy of, endments.

} COUNTY OF S } Before me, =a A aa undersigned Notary Public,

dicate that we have received a copy of, endments.

} COUNTY OF S } Before me, =a A aa undersigned Notary Public, Starr and Alice Starr, ERO WIES.MIG & proredtqantapte-cathof GIVEN UNDER MY HAND RS AL OF OFFICE THIS the \i ‘be day of 0 Notary Public, State of Typed or Printed Name of Notary) My Commission Expires: vo. O86Src614'7 Paul Sumrall and Michael Orsak as owners of Lot 26 inqhe Preserve at Walnut Springs, Johnson City, Blanco County, Texas do hereby cons the amendments as presented and approved by the membership of The Presene 4 Inut Springs Home Owners Association at the December 13, 2006 meetin We hereby agree that said lots are subj Ore covenants, conditions, restrictions, reservations, liens, charges, and uses h in the amendments approved on December received a copy of said ents.

13, 2006. ~ By signing below we accept 4 Meninens as binding and indicate that we have % Paul/Sumrall Michael Orsak Date —_———— : } COUNTY OF Plan CP) } Before me, ro. lome , the undersigned Notary Public, on this the (4™ day of , A.D. 2007.personally appeared Paul Sumrall and Michael Orsak krtown to me (or proved on the oath of or through icense Numbers , State of ) a persons whose names are subscribed to the foregoing instrument and acknowle me that they executed the same for the purposes and consideration therein exp , : A.D., 20 Ru soe. B.! Onin \Y SO" BRY 27, iti, i.

sant ao" ey IAD, yoLOSESrc118 — Weldon Yates and Ellen Yates, as the owners of Lah 1, 32 and 38 in The Preserve at Walnut Springs, Johnson City, Blanco Countys 1) do hereby consent to the

27, iti, i.

sant ao" ey IAD, yoLOSESrc118 — Weldon Yates and Ellen Yates, as the owners of Lah 1, 32 and 38 in The Preserve at Walnut Springs, Johnson City, Blanco Countys 1) do hereby consent to the amendments as presented and approved by th: bership of The Preserve at Walnut Springs Home Owners Association at the aX ber 13, 2006 meeting.

¢ We hereby agree that said lots are suite the covenants, conditions, restrictions, reservations, liens, charges, and u LS forth in the amendments approved on December By signing below we acc amendments as binding and indicate that we have received a copy of said dments.

&» Weldon Yates Date Ellen Yates } COUNTY OF Blanco } Before me, Paul E.Sumvall , the undersigned Notary Public, onthis the 'M day of marcw , A.D. 2007 personally appeared Weldon Yates and Ellen Yates, known to me-etpre ws ; t ye persons whose names are subscribed to the foregoing instrument and acknowled: me that they executed the same for the purposes and consideration therein oe awn AD., 2000 anny cS af Public, State of Typed or Printed Name of Notary: My Commission Expires: EXPIRED S UpUg EEN es | meee = MLOBHBeaceL19 .

A “Wy, mw r f EM aN S Mors of ww 4, aa 4 Diet S ONS 4g ae? An AY “nw Seo Blanco County Unofficial Copy HARI FRONTI TAW Any provisions herein which restricts the sale, Fontal or use of the described property cause of coler of race is vale a HAS STATE OF TEXAS COUNTY OF BLANCO I hereby city that this instrument was FILER Fe Number Sequence on the date and the me stamped heron by me and was duly RECORDED in Official Public records of Real Property of Blanco County, Texas on ANCO APR 25 2007 Karen Nauman

ument was FILER Fe Number Sequence on the date and the me stamped heron by me and was duly RECORDED in Official Public records of Real Property of Blanco County, Texas on ANCO APR 25 2007 Karen Nauman COUNTY CLERK BLANCO COUNTY, TEXAS Blanco County Unofficial Copy VOL 0363PAGE 120