ELT LONE I I LON EIA OER EO TE Pe NT Ee NEN: Denton County Cynthia Mitchell County Clerk i Instrument Number: 2012-44150 AS Recorded On: April 30, 2012 Declaration Parties: HCB INDIAN CREEK TEXAS Billable Pages: 20 To Number of Pages: 20 Comment: ( Parties listed above are for Clerks reference only ) Declaration 92.00 Total Recording: 92.00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To: Document Number: 2012-44150 Receipt Number: 899061 BARTON EAST AND CALDWELL Recorded Date/Time: April 30, 2012 09:30:40A ATTN KACY CIGARROA 700 N ST MARYS ST STE 1825 User / Station: J Morris - Cash Station 1 SAN ANTONIO TX 78205 THE STATE OF TEXAS } COUNTY OF DENTON } l hereby certify that this instrument was FILED in the File Number sequence on the date/time printed heron, and was duly RECORDED in the Official Records of Denton County, Texas.
Ciftchabl County Clerk Denton County, Texas FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (the "First Amendment") is dated as of October 3/7, 2011.
RECITALS: WHEREAS, RCC/Chief GenPar, Inc., as predecessor-in-interest to RCC INDIAN CREEK, LTD., a Texas limited partnership ("RCC"), and Embrey Partners, Ltd., a Texas limited partnership (“Embrey”), entered into that certain Agreement of Sale and Purchase dated effective as of August 27, 2007 (as amended, the “Contract’”), which relates to the property
td., a Texas limited partnership (“Embrey”), entered into that certain Agreement of Sale and Purchase dated effective as of August 27, 2007 (as amended, the “Contract’”), which relates to the property consisting of approximately 14.046 acres of land located in the City of Carrollton, Denton County, Texas, and described on Exhibit A attached to the Declaration (the “Apartment Tract”); and WHEREAS, RCC has previously sold and conveyed the Apartment Tract to Residences at The Collection, Ltd., a Texas limited partnership (the “Residences”), the successor-in-interest to Embrey’s rights and obligations under the Contract; and WHEREAS, RCC has previously caused the Property to be subjected to that certain Declaration of Covenants, Condition and Restrictions dated January 27, 2011 (the "Declaration") was recorded in the real property records of Denton County, Texas on January 27, 2011 at Document No. 2011-8905; and WHEREAS, RCC executed that certain Promissory Note dated September 26, 2007, in the original principal amount of $7,577,010.00 (the “Note”), payable to the order of Hillcrest Bank, a Kansas state banking association, as predecessor-in-interest to Hillcrest Bank, National Association (“Lender”), secured by that certain Deed of Trust (with Security Agreement, Assignment of Rents and Leases and Financing Statement) dated September 26, 2007 (the “Deed of Trust”), executed by RCC in favor of Brian K. Schneider, Trustee, and for the benefit of Lender, duly recorded under Document No. 2007-117187 in the Real Property Records of Denton County, Texas on October 2, 2007, covering that certain tract of land consisting of approximately 19.103 acres of land located in the City of Carrollton, Denton County, Texas, that
y Records of Denton County, Texas on October 2, 2007, covering that certain tract of land consisting of approximately 19.103 acres of land located in the City of Carrollton, Denton County, Texas, that is adjacent to the Apartment Tract and is described on Exhibit B attached to the Declaration (the “RCC Tract’); and WHEREAS, Lender executed that certain Transfer of Lien and Assignment of Loan Documents, dated January 26, 2011, filed of record under Document No. 2011-9022 in the Real Property Records of Denton County, Texas on January 27, 2011, for the purpose of transferring any and all liens relating to the RCC Tract and any and all loan documents, including the Note and Deed of Trust to HCB Real Holdings, LLC, a Kansas limited liability company, as predecessor-in-interest to HCB Indian Creek Texas, LLC, a Missouri limited liability company ("HCB"); and First Amendment — Declaration of CCRs — The Collection Page | WHEREAS, John C. Adolph of Dallas County, Texas, as Substitute Trustee (the “Substitute Trustee”), under that certain Removal and Appointment of Substitute Trustee, dated December 2, 2010, filed of record under Document No. 2010-121428 in the Real Property Records of Denton County, Texas, sold the RCC Tract to HCB, the highest bidder at a public auction at the Denton County Courts Building located in Denton, Texas, on Tuesday, March 1, 2011; and WHEREAS, HCB is the fee simple owner of the RCC Tract pursuant to that certain Substitute Trustee’s Deed, dated March 7, 2011, duly filed of record under Document No. 201121406 in the Real Property Records of Denton County, Texas on March 8, 2011; and WHEREAS, pursuant to Section 9 of the Declaration, HCB and Owner desire to amend the Declaration as set forth herein: AMENDMENT
the Real Property Records of Denton County, Texas on March 8, 2011; and WHEREAS, pursuant to Section 9 of the Declaration, HCB and Owner desire to amend the Declaration as set forth herein: AMENDMENT NOW, THEREFORE, HCB and Residences hereby declare the following changes to the Declaration: L. The initially capitalized terms used herein that are not otherwise defined herein are used as defined in the Declaration, as may be applicable.
2. Pursuant to the mutual agreement of HCB and Owner, Exhibit "D", attached hereto, has been approved as Exhibit "D" to the Declaration for purposes of satisfying the conditions set forth in the Declaration.
3. Pursuant to Section 7.05 of the Declaration, the color “High Tea SW 6159” has been approved by HCB and Owner and shall be added to the list of Approved Materials and Colors as set forth in Exhibit "G", attached hereto, which shall be substituted for the Exhibit "G" to the Declaration.
4. Except as expressly amended herein, the Declaration is hereby ratified and shall remain in full force and effect, according to its original terms.
[SIGNATURE(S) ON NEXT PAGE] First Amendment — Declaration of CCRs — The Collection Page 2 IN WITNESS WHEREOF, HCB and Residences have executed this First Amendment as of the date first written above.
HCB: HCB INDIAN CREEK TEXAS, LLC, a Missouri limited liability company fyi HB fd Ilo Lic (Money. } A Rak Midotd YM ABy: Name: Title: Vans as STATE OF MISSOURI § § COUNTY OF JonSO) 8g n{ 202 Yirhoel Galt betal , as Maney of HCB INDIAN CREEK
: Name: Title: Vans as STATE OF MISSOURI § § COUNTY OF JonSO) 8g n{ 202 Yirhoel Galt betal , as Maney of HCB INDIAN CREEK TEXAS, LLC, a Missouri limited liability company, on behalf of said limited liability company.
NOTARY PUBLIC - State of Kansas G of LINDSAY JAMES nds win STI (My Commission Expires) [SIGNATURE(S) ON NEXT PAGE] First Amendment — Declaration of CCRs — The Collection Signature Page came een ianiney ct y tat 82 Aa aneiNeeneMs Bate wernt anny Sot tenance hm Mabe Residences: RESIDENCES AT THE COLLECTION, LTD., a Texas limited partnership By: HPH-GP, L.L.C., a Texas limited liability company, its General Partner By: ee LLL Dougl . Koch, Manager and Senior Vice President ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF BEXAR § , 201, by Douglas A. Koch, as the Manager and Senior Vice President of HPH-GP, L.L.C., a Texas limited liability company, the sole partner of Residences at The Collection, Ltd., a Texas limited partnership, on behalf of said limited liability company and limited partnership.
ApSiR, LINDSEY L FRAZIER ee. Public, Sfate of Texas RANA NOTARY PUBLIC Ney Somer expan oars etd Sted L Fr DR ZL (Name - T a ore (My cont. os, AFTER RECORDING RETURN TO: Barton, East & Caldwell, P.L.L.C.
Attn: Kacy Cigarroa 700 N. St. Mary’s Street, Suite 1825 San Antonio, Texas 78205 First Amendment — Declaration of CCRs — The Collection Signature Page pee eneent it ot Neb en GO BE Aa Lae Ae ee naga ect Stare ent Re, Ao EXHIBIT "D" DESCRIPTION OF DEVELOPMENT SIGNAGE [SEE ATTACHED] First Amendment - Declaration of CCRs - The Collection Exhibit "D"
ge pee eneent it ot Neb en GO BE Aa Lae Ae ee naga ect Stare ent Re, Ao EXHIBIT "D" DESCRIPTION OF DEVELOPMENT SIGNAGE [SEE ATTACHED] First Amendment - Declaration of CCRs - The Collection Exhibit "D" SCALE: 3/4"=1'-0" grade -11 in 8 in 1 내내 811 SMALL MONUMENT X 1 12 ft in.
1" ALUMINUM SQUARE TUBING 090" ALUMINUM PAN BACKING (SW 7054 SUITABLE BROWN) (BRUSHED & COATED) WITHMOUNTING STUDS.
1/2" PVC LETTERING (SW 7054 SUITABLE BROWN)FLUSH MOUNT.
WITH 1" RETURN & TABS FOR STUD MOUNTS &090" ALUMINUM PLATE ICON (BRUSHED & COATED).
.090" ALUMINUM REVERSE CHANNEL LETTERING WITH 1" RETURN (BRUSHED 4COATED) WITH TABS FOR STUD MOUNTS.
9 ft 10 1/2 in iftin 1F-2A 1210 in2 ft-4 in 2 in 내 22 THE COLLECTION ft 10 in 2 ft-3 in 2 ft-0 in FOURCE CORNICATIONS ©2011 All deas, arrangements and plans indicated or represented by these drawings are the property of Fource Communications, Ltd.
and were created, evolved and developed for use on and in connection with the specified project. No part of the drawings, designs, arrangements or ideas herem shall be duplicated or used for any purpose whatsoever without the express written consent of Fource Communications, Ltd JOE NO F-EP-12101A Residences at The Collection Embrey Partners Carrollton, Texas AFPROVAL Your signature acknowledges full approval of the design layout and its content, releasing Fource Cominunications, Ltd. from any responsibilty regarding incorrect information and design Any colors shown are only representative of actual colors to be used. Final colors will be matched as closely as possible. Colors shown
rom any responsibilty regarding incorrect information and design Any colors shown are only representative of actual colors to be used. Final colors will be matched as closely as possible. Colors shown tend to vary due to some materals used in the industry DESIGNERENTIALS JEH 08/12/2011 EXTERIOR SIGNAGE ES.01.04 SCALE: 1"=20-0" H-DE (4") PRIVATE ROAD CMR 30+ 190-AJ (PLANT LIST A) 1-DE (4") H-DE (4") 40-COLOR.
(20 EACH POT 180-LIR 1- ΕΡΗ •DMG 1-LO (4) 3DMG 1-DE (4") 280-COLOR (PLANT-LIST-A) 4- DWM 4-CLEY-2-BPJ 4-LO (4") 155-AJ 1-LO (4") 3-ROS5-BPJ 8-DIH 15- LIR93 NRS 30 5-CLEY+ 30-LFE 0.0.0.
25 ft-in1000 25 fl-in - LORBPJ - DIH -5-LOR LEASING OFFICE 2 BPJ 42-DIH FF 460.20 RDB FP 1-EPH -DMG II-DIH 0000000000......ㅇㅇ 00.30 53 8- DYH II-DBH LEASING OFFICE FOR THIS AREA LIMIT OF SOD FOURCE COMMUNICATIONs ©2011 All ideas, arrangements and plans indicated or represented by these drawings are the property of Fource Communications, Ltd and were created, evolved and developed for use on and in connection with the specified project. No part of the drawings, designs, arrangements or ideas herein shall be duplicated or used for any purpose whatsoever without the express witten consent of Fource Created, evolved and dervelce Communications, Ltd.
JOB NO F-EP-12101A LO (4") LO (4") Residences at The Collection Embrey Partners Carrollton, Texas ΠΟ - LIR T-LO (4) -45-LFE 3-ROS PLANT LIST 'B' PLANT LIST 'A' 000000 - LO TCMR 30 APPROVAL SETBACK CURB FACE HUFFINES LET de Your signature acknowledges full approval of the design layout and ita content, releasing Fource Communications, Ltd. from any responsibility regarding incorrect information and design.
Any colors shown are only representative of actual colors to be used. Final colors will be
nt, releasing Fource Communications, Ltd. from any responsibility regarding incorrect information and design.
Any colors shown are only representative of actual colors to be used. Final colors will be matched as closely as possible. Colors shown tend to very due to some materials used in the industry.
DESIGNER INITIALS JEH 08/03/2011 SHEETTITLE EXTERIOR SIGNAGE SHELT NO ES.0IA.03 SCALE: 3/8"=1'-0" in ft- t-10 1 1kft-41 10 Ft-0 in grade LARGE MONUMENT X 2 20 ft in3 ft in 1 ft-11 1/2 ft-4 *ft-6 in ft-10 며 FOURCE ©2011 All ideas, arrangements and plans indicated or represented by these drawings are the property of Fource Communications, Ltd and were created, evolved and developed for use on and in connection with the specified project. No part of the drawings, design arrangements or ideas herein shall be duplicated or used for any purpose whatsoever without the express express written consent of Fource Communications, Ltd.
ON Sof F-EP-12101 A The Collection Embrey Partners Carrollton, Texas SIGN ON OPPOSITE SIDE OF ENTRY IS MIRROR IMAGE.
COLUMNS ARE CLOSEST TO ENTRY ROAD.
ALUMINUM PAN WITH 1" RETURN (SW 7054 SUITABLE BROWN) WITH TABS FOR STUD MOUNTS & 1/8" ALUMINUM PLATE ICON (BRUSHED & COATED).
05 in 5 In 10 in ALUMINUM REVERSE CHANNEL LETTERING WITH 1" RETURN (BRUSHED & COATED) WITH TABS FOR STUD MOUNTS.
1/2" PVC LETTERING (SW 7054 SUITABLE BROWN) WITH MOUNTING STUDS.
ALUMINUM PAN WITH 1" RETURN (BRUSHED & COATED) WITH TABS FOR STUD MOUNTS.
4 ft0 inSHRUBBERY -SURROUNDS ENTIRE STRUCTURE THE COLLECTION Aft Do ft-2 in 4 ft- in APPROVAL Your signature acknowledges full approval of the
ft 2 in 4 ft0 inSHRUBBERY -SURROUNDS ENTIRE STRUCTURE THE COLLECTION Aft Do ft-2 in 4 ft- in APPROVAL Your signature acknowledges full approval of the design layout and its content, releasing Fource Communications, Ltd. from any responsibilkly regarding incorrect information and design.
Any colors shown are only representative of actual colors to be used Final colors will be matched as closely as possible Colors shown tend to vary due to some materials used in the industry DESIGNER INITIALS JEH 08/12/2011 SHEET TITLE EXTERIOR SIGNAGE S-LLI NO.
ES.02.03 SCALE: 1"=30'-0" WEST HEBRON PARKWAY NO DOCUMENT FOUND (WIDTH VARIES) MUTUAL ACCESS EASEMENT VOLUME 4183, PAGE 195 R.P.R.D.C.T.
SIGN SIGN W. HEBRON PARKWAY S SION NDIG 456DECELERATION LANE 457 25 ft-o in KAPERS TREF 457 EMPRE 459 33 Etoin 460461 Light P FOURCE COMUNICATIONS 2011 All ideas, arrangements and plans indicated or represented by these drawings are the property of Fource Communications, Ltd.
and were created, evolved and developed for use on and in connection with the specified project. No part of the drawings, designs, arrangements or ideas herein shall be duplicated or used for any purpose whatsoever without the express written consent of Fource Communications, Ltd.
F-EP-12101A Residences at The Collection Embrey Partners Carrollton, Texas APPROVAL CAI TRO ELM TRAD ELME ELMIRES 458 12" UNKNOWN TV 457-7 Your signature acknowledges full approval of the design layout and its content, releasing Fource Communications, 1,1d from any responsibility regarding incorrect information and design.
Any colors shown are only representative of actuel colors to be used. Final colors will be matched as closely as possible Colors shown
om any responsibility regarding incorrect information and design.
Any colors shown are only representative of actuel colors to be used. Final colors will be matched as closely as possible Colors shown tend to vary due to some materins used in the Industry JEH 07/26/2011 EXTERIOR SIGNAGE ES.02A.01 SCALE: 3/4"=1'-0" 2 ft-6 in 6" CONCRETE PAD WITH POWER AT CENTER SITTING ON C.M.U. BOXINFILLED WITH SOIL OR SAND THIRD TIER (CENTER)HEIGHT: SECOND TIERgrade HEIGHT: FIRST TIERft-O in 4 Ft-75/8 in + FOURCE CORINNICATIONS ©2011 All ideas, arrangements and plans indicated or represented by these drawings are the property of Fource Communications, Ltd and were created, evolved and developed for use on and in connection with the specthed project. No part of the drawings, designs, arrangements of or ideas herein shall be duplicated or used for any purpose whatsoever without the express written consent of Fourов Communications, Ltd JOS NO F-EP-12101A The Collection Embrey Partners Carrollton, Texas APPROVAL Your signature acknowledges full approval of the design layout and its content, releasing Fource Communications, Ltd from any responsibilty regarding incorrect information and design.
Any colors shown are only representative of actual colors to be used. Final colors will be matched as closely as possible. Colors shown tend to vary due to some materials used in the industry.
JEH 09/06/2011 EXTERIOR SIGNAGE ES.04.04 SCALE: 1/4"=1'-0" APPROX.
103 BLOCKS PER LEVEL APPROX.
55 BLOCKS POWER INLET 120V@20AMPS C.M.U. BOX INFILLED WITH SOIL OR SAND, APPROX.
19 BLOCKS PER LEVEL 55 5/8" MONOLITH ID SIGN STONE 3 INCH NOMINAL THICKNESS R5 ft-0 in 55 5/8" 16X8X8 INCH (NOMINAL)
POWER INLET 120V@20AMPS C.M.U. BOX INFILLED WITH SOIL OR SAND, APPROX.
19 BLOCKS PER LEVEL 55 5/8" MONOLITH ID SIGN STONE 3 INCH NOMINAL THICKNESS R5 ft-0 in 55 5/8" 16X8X8 INCH (NOMINAL) C.M.U. BLOCK WITH 3/8 INCHVERTICAL MORTAR JOINT (TYPICAL) 4 ft-3 3 in 6" CONCRETE PAD WITH POWER AT CENTER SITTING ON C.M.U. BOXINFILLED WITH SOIL OR SAND 45 ft in grade BRICK 3 INCH NOMINAL THICKNESS STONE 3 INCH NOMINAL THICKNESS FOURCE COUMUNICATIONS ©2011 All ideas, arrangements and plang indicated or represented by these drawings are the property of Fource Communications, Ltd.
and were created, evolved and developed for use on and in connection with the specified project. No part of the drawings, designs, arrangements or ideas herein shall be duplicated or used for any purpose whatsoever without the express written consent of Fource Communications, Ltd.
ad or used for JOS NO F-EP-12101A STONE & BRICK EXTENTSCURB LINE 1 ft-7 in -CURB Residences at The Collection Embrey Partners Carrollton, Texas APPROVAL Your signature acknowledges full approval of the design layout and its content, releasing Fource Communications, Ltd from any responsibility regarding incorrect information and design Any colors shown are only representative of actual colors to be used. Final colors will be matched as closely as possible. Colors show tend to vary due to some materials used in the industry.
JEH 07/12/2011 SHELT FOLL EXTERIOR SIGNAGE ES.4A.01 SCALE: 1"=20'-0" 2-DE DE (4") 2-DE (4") LO MATCHLINE SEE 'A' SHEET 5 2-NRS 8-DYH 14- DYH VP 13-CLEY8-DYH 2-BPJ 5-DE (4") LOR -1- DIH 8-DYH 8-DE (4") 2-NRS 3-BC (4") 13-DA 2 100000 8-DIH -2-NIRS 14- DIH - DE (4") 5-DE (4) 1-BC (4) VP
(4") LO MATCHLINE SEE 'A' SHEET 5 2-NRS 8-DYH 14- DYH VP 13-CLEY8-DYH 2-BPJ 5-DE (4") LOR -1- DIH 8-DYH 8-DE (4") 2-NRS 3-BC (4") 13-DA 2 100000 8-DIH -2-NIRS 14- DIH - DE (4") 5-DE (4) 1-BC (4) VP 8- DYH DYH -13-SGJ + 2-NIRS 13- DA FOURCE COMMUNICATIONS ©2011 All ideas, arrangements and plans indicated or represented by these drawings are the property of Fource Communications, Ltd and were created, evolved and developed for use on and in connection with the specified project No part of the drawings, designs, arrangements or ideas herein shall be duplicated or used for any purpose whatsoever without the express written consent of Fource Communications, Ltd.
JOE NO F-EP-12101A Residences at The Collection Embrey Partners Carrollton, Texas APPROVAL Your signature acknowledges full approval of the design layout and its content, releasing Fource Communications, Ltd. from any responsibilty Bregarding incorrect information and design.
Any colors shown are only representative of actual colors to be used. Final colors will be matched as closely as possible. Colors shown tend to vary due to some materials used in the Industry JEH 07/29/2011 EXTERIOR SIGNAGE ES.04B.00 EXHIBIT "G" APPROVED MATERIALS AND COLORS [SEE ATTACHED] First Amendment - Declaration of CCRs - The Collection Exhibit "G" ine Cds ABLE standards composition shingle reef color “a” real stene veneer color “B” standing-seam metal ree!
color “@” 1 aaron yn ett te na AROMA BI OCIN Man PRELIMINARY RETAIL COLOR & MATERIAL PALETTE designed for REALITY CAPITAL & EMBREY PARTNERS, LTD Jor use at THE COLLECTION in Carrollton, TX eC aca RTC a Tamko Weathered Wood Milsap or Tumbleweed Tan Acme Brick Brookhaven Dark Bronze Sherwin Williag for all palettes by Rhoads Color Design @ 949-719-1366 April 10, 2008 Rl
TX eC aca RTC a Tamko Weathered Wood Milsap or Tumbleweed Tan Acme Brick Brookhaven Dark Bronze Sherwin Williag for all palettes by Rhoads Color Design @ 949-719-1366 April 10, 2008 Rl an select this accent brick color “a” orthis accent brick color “ht” select this lightest bullding color color “6” or this lightest building coler color “a” select this modium building color color “6” orihis modian buliding celer color ‘f’ select this darkest huitding celer color “g” orthis darkest building celer color “ht” select this accent feature celer color “1” or this accent feature celer color ‘J” NE atee ca Acme Brick: Old Mission Acme Brick Old St. Louis Sherwin Williams SW 2002 Gray Ashlar Sherwin Williams SW 6143 Basket Beige Sherwin Williams SW 6130 Manneted Gold Sherwin Williams SW 2814 Rookwood Antique Gold Sherwin Williams SW 6118 Leather Bound Sherwin Williams SW 6005 Folkstone Sherwin Williams SW 7083 Darkroom Sherwin Williams SW 2922 Quail Crest palette oad Acme Brick Plaza Heights Acme Brick: Towne Square Sherwin Williams SW 1127 Khaki Shade Sherwin Williams SW 6128 Blonde Sherwin Williams SW 6116 Tatami Sherwin Williams SW 0045 Antiquarian Brown Sherwin Williams SW 1112 Setter’s Coat Sherwin Williams SW 2034 Homestead Sherwin Williams SW 6258 Tricom Black Sherwin Williams SW 2923 Bramble Bush OL AOE LLIN LL LN ET LE ELLIE RIANA A CRC TILE SOE OL LL LTE SET LI LT I I ET TN ENN I Yaw palette #3 Endicott Brick: Medium Ironspot #46 Acme Brick: Crimson #3 mod. smooth Sherwin Williams SW 7037 Balanced Beige Sherwin Williams SW 6136 Harmonic Tan Sherwin Williams SW 6138 Artifact Sherwin Williams SW 6096 Jute Brown Sherwin Williams SW 6068 Brevity Brown Sherwin Williams SW 6020 Marooned Sherwin Williams SW 6153 Protégé Bronze location for color “a” location for
W 6138 Artifact Sherwin Williams SW 6096 Jute Brown Sherwin Williams SW 6068 Brevity Brown Sherwin Williams SW 6020 Marooned Sherwin Williams SW 6153 Protégé Bronze location for color “a” location for color “e” color “6” location for color “g” location for color “f" location for color “#” color “& location for color “ft” location for color “® location for color ‘f° AVERY 78009 High Tea SW master palette standards AVERY 78000 palette #1 AVERY 76009 palette #2 AVERY 78009 palette #3