Covenants Conditions And Restrictions

DECLARATION COVENANTS, CONDITIONS AND RESTRICTIONS Oo FOR THE VILLAGE OF WYLIE Riddle & Williams, P.C.

1050 Turtle Creek Centre 3811 Turtle Creek Boulevard Dallas, Texas. 75219 ARTICLE I “ARTICLE _ ARTICLE Il , _ Table of Contents Page — DEFINITIONS 20.05.0050 ccc c eee eee eee enn ener e nnn tener erences 1 Section 1.1. "Area of Common Responsibility" .. 06... . sees reese rere e eee e es 1 Section 1.2 “Articles of Incorporation" or "Articles ...... 6+. ssseee reer erento 2 Section 1.3. “Association” 2.0... 0c. c cece een eter beeen tee e ener nees 2 Section 1.4 "Base Assessment” ..... 6... seers ee eee cere tree et en creer eens 2 Section 1.5 “Board of Directors" or "Board" Lene cece ence ete eeeeeser sesso 2 Section 1.6 "Builder" ........ 0. ce pec rete teen nee ee teen e nee ennes 2 Section 1.7 "Bylaws" Soeeeeeee nee eee eeeeeeeeeee ives ateene2 Section 1.8 "Certificate of Occupancy” ....... cece eee ene eee eee eee enenns 2 Section 1.9 "Class 'B' Control Period" ..... Lee eeeeeteees nee we eee een eeeees 2 Section 1.11 "Common Expenses” ........ 6. 00ee secret ese reese reser ener ess Section 1.12 "Community-Wide Standar Mec ee cece eee etter enneneeeees 3 Section 1.13 “Declarant”... 0.0... cece cece eee eee nner ee ener e eee tereneene 3 Section 1.14 "Governing Documents" ....5... 6c. eee reer eect ersten eres 3 Section 1.15 "Lotl .... cece cee rece eee teeta ners ence teens en ane tenes 3 Section 1.16 "Member" ...... 0.0. c cece reer cere ee tee eee renner erence ne 3 Section 1.17 "Mortgage" ..... 0.6.65 bee eee eet ee rete ener ete sere rere s eres 3 Section 1.18 "Owner" .....cccec cece cee e teen eee tense teense ceeneennes 3

er cere ee tee eee renner erence ne 3 Section 1.17 "Mortgage" ..... 0.6.65 bee eee eet ee rete ener ete sere rere s eres 3 Section 1.18 "Owner" .....cccec cece cee e teen eee tense teense ceeneennes 3 Section 1.19 "Person" ....... cece sree cree eee reece teen renee eeeneeecnees 3 Section 1.20 "Plat’ ...... ccc cece cee eet eee e erence en arenes e eee eeecnns 3 Section 1.21 “Property” or "Properties" 1.6... essere eee erect ence terete es 4 Section 1.22 "Special Assessment" ...... 0. cece e eee ete rete ere n ere e ere ecees 4.

Section 1.23 "Specific Assessment” ....... 6. seer renee renee rete eee e een cees 4 Section 1.24 "Townhome" or "Townhouse" .. 1.2... 6 beer reece renee eee ern eees 4 PROPERTY RIGHTS 1.0.00... 00 cee eee e eee eee eee n eterna n ener ees 4 Section 2.1 Common Area .....5.. sees reece erence nent erent cer cneeres 4 MEMBERSHIP AND VOTING RIGHTS ........- 2-0 seer reese ete e erences 5 Section 3.1 Membership ...........0 ees e eee reece ete etre tenet er ee eeees 5 Section 3.2 Voting ..... cece eee e ete eee ene rete eee e nee nee nearer eraees 5 Nad Nee - ARTICLE IV .

RIGHTS AND OBLIGATIONS OF THE ASSOCIATION beveeeeees weveeeeeeieneees 5 Section 4.1 Common Area ....... eee e erect nen e eee rere eeres dene een e eens 5 - Section 4.2 Personal Property and Real Property for Common Use..... beeen cence 6 Section 4.3. Rules and Regulations: ........-.-.s esse enter eee eeeees peeeee ee 6 Section 4.5 Implied Rights .......-.-seeeeeeesee reer ees pvceceeeeereeecee dD Section 4.6 | Governmental Interests ........--. bebe ene e nee en eens veceeaad Section 4.7 Indemnification ......... Lecce eee ccce sve nance Lecce eeeeees 7

eeeeeeesee reer ees pvceceeeeereeecee dD Section 4.6 | Governmental Interests ........--. bebe ene e nee en eens veceeaad Section 4.7 Indemnification ......... Lecce eee ccce sve nance Lecce eeeeees 7 Section 4.9 Security .......-... eee Lecce eee e eee en ence eeeee +128 MAINTENANCE 0.00.00: 0ccccceeceeeneee ee eseee ene eneenes Leenen ensues 18 Section 5.1 Association Responsibility Seeesees Seceeeee Deccee sok eseeeess aoe 8.

Section 5.2 - Owner Responsibility .........-.-+e eee eres eee c ee eeeeeeeees 9 ARTICLE VI | _ INSURANCE AND CASUALTY LOSSES .......0.000 eee . ecb eee e eee e ees 11 Section 6.1 Association Insurance .........--. beneee ce veaes hee eeeeeeeeees 11 Section 6.2 Policy Requirements .........-.--eeeeesereeeee beeen were neee 12 Section 6.3 Individual Insurance .......... 0s eee e eee cree ene eet e ene te cats 12 Section 6.4 Damage and Destruction .......---see reece etter enn e eee 13 Section 6.6 Repair and Reconstruction ...... cede sere tree ene neenes he ees 13 ARTICLE Vii | NO PARTITION .......0..605+ eeeees occ eseeeeneeteeneees ees veel4 ARTICLE Vint CONDEMNATION ........ ccc uueeeteeneeeneees cadecbevseeeens ee. 14 Section 8.1 Condemnation ........-. eeeees eeeees eben ee eeeeee nee ee ewen 14 Section 8.2 Disbursement ....... Lecce etaeees been eneneneeeee Vente eenees 14 ARTICLE IX ASSOCIATION FINANCES ........0..00000000e eee ees bee e eens nena ees 14

eeeees eben ee eeeeee nee ee ewen 14 Section 8.2 Disbursement ....... Lecce etaeees been eneneneeeee Vente eenees 14 ARTICLE IX ASSOCIATION FINANCES ........0..00000000e eee ees bee e eens nena ees 14 ‘Section 9.1 Assessment ...... 0.05 ee cece eee e eee reeees See ee ee Lecce eee eeee 14° Section 9.2 Base Assessment ........0e0+- ba eeeeeeees Vanes beeen ee ceees 16 ii Nee” NY Section 9.3. Reserve Budget and Capital Contribution ¢....... 0. eee cence ee ees 16 Section 9.4 Special Assessments ....... Senne e eee cece eee eee eee eeenes 17 “Section. 9.5 Specific Assessments ..... baeee Seeeee weveees cece eeecedetees 17 Section 9.6 Lien for Assessments ....... Soe e eee uceececteceseees ieee eee 17 Section 9.8 Capitalization of the Association ......... een neneee cece eee ee LB.

Section 9.9 Exempt Propetty .........:eeeeee eee eee beeen eeees La ceeeeeeee 18 ARTICLE X — ARCHITECTURAL STANDARDS ..... eeee Lecce cece ewe ec een cesses eeees 18 Section 10.1 General..........-- pe seserateaeee beeen een eeeeneeeeees ... 18 Section 10.2 Architectural Review ........ 6. cece cece eee renner eee e eens 19 Section 10.3 ' Guidelines and Procedures ..........eeeeeeeeereererees re by Section 10.4 No Waiver of Future Approvals..........- Sevecceeeeesceeceeees 20 Section 10.5 Variances .........--+ eee eeeees soca geeeeneeees ee eeuweeeees 21 Section 10.6 Limitation of Liability ......-.... Seseeees be aees Lene en eeeeaes 21 Section 10.8 Enforcement ........---- Leen nec c cect en ee escent Sees ceane 21 Section 10.9 Notice of Violation occ eeventeeneeeeereteteereeeeeteeene es 2h ARTICLE XI

ee reece ween ee eeeneueeees 21 Section 10.8 Enforcement ........---- Leen nec c cect en ee escent Sees ceane 21 Section 10.9 Notice of Violation occ eeventeeneeeeereteteereeeeeteeene es 2h ARTICLE XI Section 11.1 General........ ace eee eeeeeeees eens se eeeee se eevesscceens 22 Section 11.2 Occupants Bound doce cece ence eeeeeeearereeeees vee taee ‘eees 22 Section 11.3 Signs oo. ce cece eee cece eee e eee eee nest ener tenses Lecce eens 22 Section 11.4 Parking and Prohibited Vehicles ........ cence ease ee eeeeeeeees 22 Section 11.5 Animals and Pets ........... sees eeene teen sect n en cees ‘eenes 23 Section 11.6 Quiet Enjoyment ..0..-....e cece secre renee eens eens ee eee 23 _ Section 11.7 Unsightly or Unkept Conditions (2... ....ceee eee eee eee enone ..23 Section 11.8 Antennas. ......... cece ener e eee cern eee e reer e rt ereces eae ee 24 Section 11.9 Clotheslines, Garbage Cans, Tanks, etc ........ eee .. 24.

Section 11.11 Fireatms ......000ecceee eee ee eee cede nen e eee ee eee nena neg 24 Section 11.13 Irrigation .........0.e eee ee eee reece ernest etree b anne sss 25 Section 11.16 Removal of Plants and Trees ....... 020s eee ee eerees Lb cence eee 25 Section 11.17 Utility Lines ....... 6. cece eee eee eee t nee e tenn ee eees beens 25

0s eee ee eerees Lb cence eee 25 Section 11.17 Utility Lines ....... 6. cece eee eee eee t nee e tenn ee eees beens 25 Section 11.19 Lighting ........... see cere eee e etter etn t ener n ese e es 45.25 Section 11.20 Artificial Lakes, Exterior Sculpture and Similar Items sec ee eee eeeees 25 ‘Section 11.21 Playground and Recreational Equipment .........-.-- Lance neers 26° Section 11.22 Fences ....... see cee c eee teen eerteees Decne eect ee eeeeees 26 Section 11.23 Business Use ..........+0- esses Leas eee deen ee eneneeenes 26 Se Nee?

- Section 11.24 Leasing of Lots....5..- + becuse Sect e eee eees vee eaveresaseeneee 26 Section 11.25 Laws and Ordinances’... ...-.sseeeeeeet eer ereceseer ser crsse ss 27 .

Section 11.26 Single Family Occupancy . ne beeen eden teense es 27 EASEMENTS «10.000 sscccsesuusseersessrescts cecueueueeenes 27 Section 12.2 Easements for Utilities, etc... 6... e sere eer ees cece eee e ee etene 27 Section 12.3 Right of Entry......... see eee e sree ners ter eter r eres seers 28 ‘Section 12. 4 Certain Easements for Owners eee nese ee eneen renner eeenene?s 28 "ARTICLE xi : ADDITIONAL RIGHTS RESERVED TO DECLARANT cae e eect eeeeeene ee 28 Section 13.4 Use of Name of Development ..-..-.-+---- en 29 Section 13.5 Termination of Rights .. Date dence bene reese neers eee 29° ARTICLE XIV GENERAL PROVISIONS .......6565- ve lede ede eeee eee eeee eee nent nees 29

Name of Development ..-..-.-+---- en 29 Section 13.5 Termination of Rights .. Date dence bene reese neers eee 29° ARTICLE XIV GENERAL PROVISIONS .......6565- ve lede ede eeee eee eeee eee nent nees 29 Section 14.1 Term .....s-eeeeeeeeeeees Lene e ener e eee e renee ees Lecce eee 29 Section 14.3 Severability ........- Seneca ee eees cae eee ee eens eeeeees bees 30 Section 14.5 Litigation ........-+2eeererees Seen vee ceeeeeee Seae ee eee JO Section 14.6 Notte of Sal or Tra of Tit eee eeeeteeeseeeeeeeeee ees BO ACKNOWLEDGE .......- 505555 bees eeeeees cece baeeeeregesea en enenene ees 31 EXHIBIT "A"- Property Subject to Declaration EXHIBIT "B"- Bylaws of The Village of Wylie Homeowners Association, Inc.

EXHIBIT "C"- Articles of Incorporation of The Village of Wylie Homeowners Association, — Ine. O AV COVENANTS, CONDITIONS AND RESTRICTIONS — , . FOR =.

THE VILLAGE OF WYLIE ‘STATE OF TEXAS § _ COUNTY OF COLLIN § Ds | _ ‘THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS -. | FOR THE VILLAGE OF WYLIE (this "Declaration") is made this 3X day of August, 2003, by ROBERT H. SANDLIN (hereinafter referred to as "Declarant").

‘WITNESSETH: WHEREAS, Declarant is the owner of the real property described in Exhibit “A” attached - hereto and incorporated herein by reference (the "Property"). Declarant intends by this Declaration to impose upon the Property mutually beneficial restrictions under a general plan of improvement _ for the benefit of all owners of real property within the Property. Declarant desires to provide a

on to impose upon the Property mutually beneficial restrictions under a general plan of improvement _ for the benefit of all owners of real property within the Property. Declarant desires to provide a - flexible and reasonable procedure for the overall development of the Property, and to establish a ~ tnethod for the administration, maintenance, preservation, use and enjoyment of such Property as is now or hereafter subjected to this Declaration. . a .

_ NOW, THEREFORE, the Declarant hereby declares that the real property described in ' Exhibit "A"to this Declaration shall be held, sold, used and conveyed subject to the following easements, restrictions, covenants-and conditions, which are for the purpose of protecting the value and desirability of and which shall run with the real property subjected to this Declaration. This Declaration shall be binding on all parties having any right, title or interest in the described Property .

or any part thereof, their heirs, successors, successors-in-title, and assigns, and shall inure to the © benefit of each owner thereof. 7 ; .

This Declaration does not and is not intended to create a condominium within the meaning of the Texas Uniform Condominium Act, Tex. Prop. Code Ann. §82.001 (Vernon 1995) (the “Condominium Act”).

‘ARTICLE I _ DEFINITIONS The terms in this Declaration and the exhibits to this Declaration shall generally be given their ordinary, commonly accepted definitions except as otherwise specified. Capitalized terms shall be defined as set forth below.

Sectionl.1 "“Areaof Common Responsibility" shall mean and refer to the Common Area, together with those areas, if any, which the Association has or assumes responsibility pursuant to

set forth below.

Sectionl.1 "“Areaof Common Responsibility" shall mean and refer to the Common Area, together with those areas, if any, which the Association has or assumes responsibility pursuant to the terms of this Declaration, or other applicable covenants, contracts, or agreements.

DECLARATION - PAGE 1 ; Section 1.2 "Articles of Incorporation" or "Articles" shall refer tothe Articles of Incorporation of The Village of Wylie Homeowners Association, Inc., as filed with the Secretary of State of the State of Texas. . , - Section 1.3 "Association" shall refer to The Village of Wylie Homeowners Association, Inc., a Texas non-profit corporation, its successors or assigns.

“Section 1.4 "Base Assessment" shall refer to assessments levied on all Lots subject to assessment under Article IX to fund Common Expenses for the general benefit of all Lots. » Section 1.5 "Board of Directors" or “Board” shall be the body responsible for administration of the Association, selected as provided in the Bylaws and generally serving the same role as the board of directors under Texas corporate law.

Section 1.6 "Builder" shall mean any Person which purchases one or more Lots within the Property for the purpose of constructing improvements thereon for later sale to consumers, or who purchases one or more parcels of land within the Property for further development or resale in the ordinary course of such Person's business. ; .

Section 1.7 "Bylaws" shall refer to the Bylaws of The Village of Wylie Homeowners Association, Inc. attached hereto as Exhibit "B" and incorporated by reference, as they may be amended from time to time.

Section 1.8 "Certificate of Occupancy” shail refer to a certificate or other similar

ation, Inc. attached hereto as Exhibit "B" and incorporated by reference, as they may be amended from time to time.

Section 1.8 "Certificate of Occupancy” shail refer to a certificate or other similar document issued by the City of Wylie or other applicable governmental authority certifying or authorizing a Townhome for occupancy by a single family. — : 0 Section 1.9 | "Class 'B' Control Period” shall refer to the period of time during which the Class "B" Member is entitled to appoint a majority of the members of the Board. The Class "B" Control Period shall expire upon the first to occur of the following: , (a) 90 days after the date as of which one hundred percent (100%) of the Lots have Certificates of Occupancy issued thereon and have been conveyed to Class "A".

Members other than Builders; : (b) December 31, 2010; © when, in its discretion, the Class "B" Member so determines.

Section 1.10 "Common Area" shall mean all real and personal property, including easements, which the Association owns, leases or otherwise holds possessory or use rights in and for the common use and enjoyment of the Owners. 7 Section 1.11 "Common Expenses" shall mean the actual and estimated expenses incurred, or anticipated being incurred, by the Association for the general benefit of all Owners, including any reasonable reserve, as the Board may find to be necessary and appropriate pursuant to the Governing Documents. Common Expenses shall not include expenses incurred during the Class "B" Control DECLARATION - PAGE 2 aN representing a majority of the total Class "A" votes of the Association.

l construction costs unless approved. by Members representing a majority of the total Class "A" votes of the Association.

maintenance, or other activity generally prevailing throughout the Property, or the minimum — standards established pursuant to the Governing Documents, whichever is a higher standard. Such standard shall be established initially by the Declarant and may include both objective and subjective elements. The Community-Wide Standard may evolve and change as development progresses and as the needs and desires within the Property change. mo _ So Section 1.13 "Declarant" shall refer to Robert H. Sandlin, or any successor or assign who takes title to any portion of the real property described on Exhibit "A" hereof for the purpose of development and/or sale and who is designated as the Declarant in a recorded instrument executed by the immediately preceding Declarant. a _ Section 1.14 "Governing Documents" ‘shall refer to this Declaration, the Bylaws, the Articles of Incorporation, any rules and regulations, and the Design Guidelines (as adopted pursuant to Article X), as each may be supplemented and amended from time to time. .

Section 1.15 "Lot" shallmean a portion of the Property, whether improved or unimproved, which may be independently owned and is intended for development, use and occupancy as a residence for a single family. The term shall refer to the land, if any, which is part of the Lot, as well as any improvements thereon. In the case of a parcel of vacant land or land on which improvements are under construction, the parcel shall'’be deemed to contain a single Lot until such

he Lot, as well as any improvements thereon. In the case of a parcel of vacant land or land on which improvements are under construction, the parcel shall'’be deemed to contain a single Lot until such time as a plat is recorded subdividing all or a portion thereof. Thereafter, the portion encompassed by such plat shall continue to be treated in accordance with this section. Some portions of the - Common Area may be platted as a “lot” on the recorded subdivision plat, however, these lots shall be excluded from the definition of a Lot as used herein. .

Section 1.16 “Member” shall refer to a Person subject to membership in the Association.

Section 1.17 "Mortgage" shall refer to a mortgage, a deed of trust, a deed to secure debt, or any other form of security deed. A "Mortgagee" shall refer to a beneficiary or holder of a Mortgage. a ; , Section 1.18 "Owner" shall refer to one or more Persons who hold the record title to any Lot, but excluding in all cases any party holding an interest merely as security for the performance ’ of an obligation. : . _ Section 1.19 “Person” shall mean a natural person, a corporation, a partnership, a trustee, a limited liability company or any other legal entity. oo .

_ Section 1.20 "Plat" shall mean the recorded subdivision plat of the Property, as the same .. may be amended from time to time.

DECLARATION - PAGE3 Section 1.21 "Property" or "Propert s" shall mean and refer to the real property described in Exhibit "A" attached hereto. a Section 1.22 "Special Assessment" shall mean and refer to assegsinents levied against all Owners to cover unanticipated expenses or expenses in excess of those budgeted, as described i in Section 9.4..

“Section 1.23 "Specific Assessment" shall mean assessments levied in accordance with Section 9.5. FO oo

unanticipated expenses or expenses in excess of those budgeted, as described i in Section 9.4..

“Section 1.23 "Specific Assessment" shall mean assessments levied in accordance with Section 9.5. FO oo Section 1:24 "Townhome" or "Townhouse" shall mean the residential structure located on a Lot which shares a common wall or walls, and/or roof and/or foundation with another residential structure. : . ; ARTICLE Ii PROPERTY RIGHTS ~ Section 2.1 Common Area, Every Owner shall have a right and’ nonexclusive easement of use, access and enjoyment in and to. the Common Area, subject to: (a) This Declaration and any ‘other applicable covenants, as they may be amended froin time to time, and subject to any restrictions or limitations contained i in any deed conveying such property to the Association; ; (b) the right of the Board to adopt rules regulating the use and enjoyment of the Common _ Area, including rules limiting the number of vehicles which may be parked on the Common Area; (c) the right of the Board to suspend the right of an Owner to vote (i) for any period during which any assessment or other charge 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 the Bylaws; (d) the right of the Board to dedicate or transfer all or any part of the Common Area, subj ect .

to such approval requirements as may be set forth i in this Declaration; and (e) the right of the Board to mortgage, pledge c or hypothecate any or all of the Association s real or personal property as security for money borrowed or debts incurred. .

i in this Declaration; and (e) the right of the Board to mortgage, pledge c or hypothecate any or all of the Association s real or personal property as security for money borrowed or debts incurred. .

Any Owner may extend his or her right of use and enjoyment to the members of his or her family, lessees and social invitees, as applicable, subject to reasonable regulation by the Board and in accordance with procedures it may adopt. An Owner who leases his or her Lot. shall be deemed to have assigned all such rights to the lessees of such Lot.

DECLARATION - PAGE 4 i ARTICLE II MEMBERSHIP AND VOTING RIGHTS _ Section3.1 Membership. Every Owner is a Member of the Association; provided, there is only one membership per Lot. In the event a Lot is owned by more than one Person, all co-Owners .

shall be entitled to the privileges of membership, subject to reasonable Board regulation and the restrictions on voting set forth in Section 3.2 and in the Bylaws, and all such co-Owners shall be jointly and severally obligated to perform the responsibilities of Owners hereunder. The membership rights of an Owner which is not a natural person may be exercised by any officer, director, partner, "or trustee, or by’ the individual designated from time to time by the Owner in writing provided to the Secretary of the Association. 7 Section 3.2 Voting. The Association shall have two classes of membership, Class "A" and Class "B". _ Oo : (a) Class "A". Class "A" Members shall be all Owners except the Class "B" Member, ifany.

Class "A" Members shall be entitled to one equal vote for each Lot in which they hold the-interest — required for membership under Section 3.1, except that there shall be only one vote per Lot.

ifany.

Class "A" Members shall be entitled to one equal vote for each Lot in which they hold the-interest — required for membership under Section 3.1, except that there shall be only one vote per Lot.

Notwithstanding the foregoing, Class "A" Members owning Lots for which a Certificate of Occupancy has not been issued shall be entitled to only one-half (*4) of one vote for each such Lot.

Where there is more than one Owner of a Lot, the vote for such Lot shall be exercised as the co-Owners determine between themselves and advise the Secretary of the Association in writing prior to the vote being cast. In the absence of such advice, the Lot's vote shall be suspended if more than one Person seeks to exercise it. . (b). Class "B". The sole Class "B" Member shall be the Declarant. The Class "B" Member shall be entitled to appoint a majority of the members of the Board’ during the Class "B" Control Period, in the manner specified in the Bylaws. The Class "B" Member shall have a right to disapprove any action of the Board and/or committees as provided in the Bylaws. Additional rights of the Class "B" Member are specified in the relevant sections of the Governing Documents.

The Class "B" membership shall terminate and become converted to Class "A" membership upon the earlier of: ; -(i) upon sale of one hundred percent (100%) of the Lots shown on thie Plat have been conveyed to Class "A" Members; = oe (ii) when, in its discretion, the Declarant so determines and declares in a "recorded instrument.

‘ARTICLE IV RIGHTS AND OBLIGATIONS OF THE ASSOCIATION Section 4.1 Common Area. The Association, subject to the rights of the Owners set forth © DECLARATION - PAGE 5 ar SZ - . in this Declaration, shall be responsible for the exclusive management and control of the Common

n Area. The Association, subject to the rights of the Owners set forth © DECLARATION - PAGE 5 ar SZ - . in this Declaration, shall be responsible for the exclusive management and control of the Common Area and all improvements thereon (including, without limitation, furnishings, equipment and common landscaped areas), and shall keep it in good, clean, attractive and sanitary condition, order and repair, pursuant to the terms and conditions hereof and consistent with the Community-Wide Standard. SS oe .

; _ Section 4.2, Personal Property and Real Property for Common Use. The Association may acquire, hold and dispose of tangible and intangible personal property and real property, subject to such restrictions as are set forth in the Governing Documents. The Declarant and its designees may convey to the Association personal property and fee title, leasehold, or other interests in any improved or unimproved real estate located within the Property. Upon conveyance or dedication -by the Declarant-to the Association, such property shall be accepted by the Association and thereafter shall be maintained by the Association at its expense for the benefit of its Members, subject to any restrictions set forth in the deed of conveyance. Upon written request of the Declarant, the Association shall reconvey to Declarant for no or nominal monetary consideration any unimproved portions of the Property originally conveyed by Declarant to the Association for no or nominal monetary consideration, to the extent conveyed in error or needed by Declarant to make minor adjustments in property lines. 7 7 Section 4.3 ° Rules and Regulations. The Board may make and enforce reasonable rules and regulations governing the use of the Property, which rules and regulations shall be consistent

perty lines. 7 7 Section 4.3 ° Rules and Regulations. The Board may make and enforce reasonable rules and regulations governing the use of the Property, which rules and regulations shall be consistent with the rights and duties established by this Declaration. Such regulations and use restrictions shall be binding upon all Owners, occupants, invitees and licensees, if any, until and unless overruled, canceled or modified in a regular or special meeting of the Association by the vote of a majority of the Class "A" Members and the consent of the Class "B" Member, so long as such membership shall exist. _ .

Section 4.4 Compliance and Enforcement. Every Owner and occupant of a Lot shall comply with the Governing Documents. The Association shall be authorized to impose sanctions for violations of the Governing Documents. Sanctions may include, without limitation, the (a) Imposing reasonable monetary fines, which shall constitute a lien upon the violator's Lot; (b) suspending an Owner's right to vote; (c) 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; ; | (d) exercising self-help (specifically including, but not limited to, towing of vehicles that are parked or stored in violation of the Governing Documents, removing nonconforming structures and/or improvements pursuant to Section 10.8 and performing maintenance on an Owner’s Lot pursuant to Section 5.2); (e) recording a Notice of Violation pursuant to Section 10.9; DECLARATION - PAGE 6 (f) levying a Specific Assessment pursuant to Section 9.5; and . (g) taking any other action to abate a violation of ‘the Governing Documents. —

lation pursuant to Section 10.9; DECLARATION - PAGE 6 (f) levying a Specific Assessment pursuant to Section 9.5; and . (g) taking any other action to abate a violation of ‘the Governing Documents. — The Board shall afford a violator notice and an opportunity to be heard in accordance with the Bylaws prior to the imposition of any sanction (except the Board may exercise self-help pursuant to subsection 4.4(d)without such notice.and hearing), unless the Board determines that an emergency situation exists. In addition to any other enforcement rights, the Association may bring suit in law or in equity, or both, to enjoin any violation or to recover monetary damages, or both.

All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. If the Association prevails in any action to-enforce the Governing Documents, - it shall be entitled to recover all costs, including, without limitation, attorney's fees and court costs _ reasonably incurred in such action. Failure by the Association to enforce any the foregoing or any other right or remedy of the Association shall in no event be deemed a waiver of the right to sO thereafter.

_ The Association, through the Board, by contract or other agreement, shall have the right, but not the obligation, to enforce applicable county and city ordinances, and may, but shall not be obligated to, permit Collin County and the City of ‘Wylie to enforce ordinances on the Property.

for the benefit of the Association and its Members. 7 Section 4.5 Implied Rights.. The Association may exercise any other right or privilege given to it expressly by the Governing Documents. The Association may also exercise every other

nd its Members. 7 Section 4.5 Implied Rights.. The Association may exercise any other right or privilege given to it expressly by the Governing Documents. The Association may also exercise every other tight or privilege reasonably implied from or reasonably necessary to effectuate any such right or privilege.

. Except as otherwise specifically provided i in the Governing Documents, or by law, all rights and powers of the Association may be exercised by the Board without a vote of the " membership.

Section 4.6 Governmental Interests. For so long as the Declarant owns any property described on Exhibit "A", the Association shall permit the Declarant to designate and redesignate sites within the Property for water and sewer facilities and other public facilities. The sites may .

include Common Areas owned by the Association, and in such case no membership approval shall be required and the Association shall dedicate and convey the designated site as requested by the Declarant.

Section 4.7 Indemnification. The Association shall.indemnify the Declarant and every officer, director and committee member to the full extent permitted by Section 1396-2.22.A of the Texas Non-Profit Corporation Act, as amended (but, in the case of any such amendment, only to the extent that such amendment permits broader indemnification . than permitted prior to such amendment). Any right to indemnification provided for herein shall not be exclusive of any other rights to which any present or former Declarant, officer, director or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers’ and directors’ liability insurance to fund this obligation, if such insurance is reasonably

y be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers’ and directors’ liability insurance to fund this obligation, if such insurance is reasonably available. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on behalf of the Association.

DECLARATION - PAGE7 7 Section 4.8 ‘Dedication of Common Areas. Subject to such approval requirements as may be set forth in this Declaration, the Association shall have the power to dedicate portions of the Common Areas to Collin County, | Texas, or to any other local, state or federal governmental entity.

Section 4.9 Security. The Association may, but shail not be obligated to, maintain or support certain activities within the Property designed to enhance the security of the Property, - including, without limitation, thé use of monitoring patrols. NEITHER THE ASSOCIATION, THE DECLARANT, NOR ANY SUCCESSOR DECLARANT SHALL IN ANY WAY BE CONSIDERED INSURERS OR GUARANTORS OF. SECURITY WITHIN THE PROPERTY, NOR SHALL SUCH PARTIES BE HELD LIABLE FOR ANY LOSS OR DAMAGE FOR FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF SECURITY MEASURES UNDERTAKEN. .

THE ASSOCIATION, DECLARANT, ANY SUCCESSOR DECLARANT, AND ARCHITECTURAL REVIEW COMMITTEE MAKE NO REPRESENTATION OR WARRANTY THAT ANY SYSTEMS OR MEASURES, INCLUDING ANY MECHANISM, DEVICE OR PERSON EMPLOYED TO LIMIT OR RESTRICT ACCESS TO THE PROPERTY CANNOT BE COMPROMISED OR CIRCUMVENTED; OR THAT ANY SUCH SYSTEMS OR SECURITY ~ MEASURES UNDERTAKEN WILL IN ANY CASE PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER AND ALL TENANTS, GUESTS AND INVITEES OF ANY OWNER, ACKNOWLEDGE AND

Y ~ MEASURES UNDERTAKEN WILL IN ANY CASE PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER AND ALL TENANTS, GUESTS AND INVITEES OF ANY OWNER, ACKNOWLEDGE AND UNDERSTAND THAT THE ASSOCIATION, ITS BOARD, COMMITTEE MEMBERS, DECLARANT OR ANY SUCCESSOR DECLARANT, ARE NOT INSURERS AND THAT EACH PERSON WITHIN THE PROPERTY ASSUME ALL RISKS FOR PERSONAL INJURY AND LOSS OR DAMAGE TO PROPERTY, INCLUDING LOTS AND THE CONTENTS THEREOF, ‘RESULTING FROM ACTS OF THIRD PARTIES.

ARTICLE V MAINTENANCE Section 5.1 Association Responsibility. Except as may be otherwise provided by this Declaration, the Association shall maintain and keep in good repair the Area of Common: Responsibility, such maintenance to be funded as hereinafter. Provided. The Area of Common | Responsibility shall include, but need not be limited to: (a) All portions of and all landscaping, structures and improvements situated upon the Common Area, including, without limitation, (i) all entry features, signs and monuments, including — the expenses for water and electricity, if any, provided to all such items, (ii) any irrigation systems located on the Common Area, and (iii) any landscaped medians; _ (b) all utility lines, chutes, flues, pipes, ducts, wires, vents and conduits serving more than one Townhome or the Common Area, to the extent that such utility lines, chutes, flues, pipes, ducts, | wires, vents: and conduits are not maintained by public, private or municipal utility companies; and (c) Such portions of any additional property as may be dictated by this Declaration, any DECLARATION - PAGE 8 covenant to share costs, or any contract or agreement for maintenance thereof entered into by the - Association.

ny additional property as may be dictated by this Declaration, any DECLARATION - PAGE 8 covenant to share costs, or any contract or agreement for maintenance thereof entered into by the - Association.

The Association shall have the right to énter upon, for the purpose of maintaining, _and may maintain, other property which it does not own, including, without limitation, Lots, or property dedicated to the public, if the Board determines that such maintenance is necessary or desirable to maintain the Community-Wide Standard. In addition, the Association may enter into — contractual agreements or covenants to share costs with other properties or facilities for maintaining and/or operating shared or mutually beneficial properties or facilities.

The coste associated with maintenance, repair ‘and replacement of the Area of . , Common Responsibility shall be a Common Expense; provided, the Association may seek reimbursement fromi the owner(s) of, or other Persons responsible for, certain portions of the Area ‘of Common Responsibility pursuant to this Declaration, a covenant to share costs, other recorded covenants, or. agreements with the owner(s) thereof.

Section 5.2. Owner Responsibility. Each’ Owner shall maintain his or her Lot and all landscaping, structures and other improvements within the boundaries of the Lot, unless the Association has been assigned the maintenance responsibility therefor pursuant to Section 5.1. The responsibility of the Owner shall include, but not be limited to, the maintenance, repair and ~ replacement of all portions of the Townhome, including foundations, all fixtures and equipment installed in his or her Townhome, all utility fixtures and equipment (including, without limitation,

nd ~ replacement of all portions of the Townhome, including foundations, all fixtures and equipment installed in his or her Townhome, all utility fixtures and equipment (including, without limitation, individual HVAC units) which exclusively serve a Lot; and all utility lines, chutes, flues, pipes, ducts, wires, vents and conduits which exclusively serve a Lot whether located wholly within or outside the boundaries of the Lot. An Owner shall not paint or otherwise decorate or change the - appearance of any portion of the exterior of any Townhome without the prior written approval of the Association pursuant to Article X hereof. Each Owner shall promptly report to the Association or its agent any defect or need for repairs for which the. Association is responsible. No Owner shall do anything with respect to the Lot or Townhome which would or might jeopardize or impair the - safety or soundness of any Townhome without first obtaining the written consent of the Board and © all Owners and Mortgagees of the Townhomes affected, nor impair any easement without first obtaining written consent of the Association and of the Owner and their Mortgagees for whose benefit such easement exists. Each Owner shall also be responsible for the cost of repairing, replacing or cleaning up any item which, although’ the responsibility of the Association, is — necessitated by reason of the willful or negligent act of the Owner, his or her family, tenants or guests, with the cost thereof to be assessed against the Lot and the Owner as a Specific Assessment.

Jnaddition to any other enforcement rights available to the Association, ifany Owner fails properly to perform his or her maintenance responsibilities, the Association may perform such

fic Assessment.

Jnaddition to any other enforcement rights available to the Association, ifany Owner fails properly to perform his or her maintenance responsibilities, the Association may perform such maintenance responsibilities and assess all costs incurred by the Association against the Lot and the Owner as a Specific Assessment in accordance with Section 9.5.. However, the Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry, except when immediate entry is required due to an emergency situation.

Section 5.3 Standard of Performance. Unless otherwise specifically provided i in the Governing Documents, responsibility for maintenance shall include responsibility for repair and replacement necessary to maintain the property to a level consistent with the Community-Wide DECLARATION - PAGE 9 - Standard. Repair andreplacement shall include improvement, ifnecessary to comply with applicable building codes or other regulations or if otherwise deemed appropriate, in the Board’s reasonable . ~ discretion. Each Owner further covenants and agrees that in the event of damage to or destruction of structures on such Owner's Lot, the Owner shall proceed promptly to repair or to reconstruct in a mariner consistent with the original construction or such other plans and specifications as are approved in accordance with Article X. Alternatively, the Owner shall clear the Lot and maintain it in aneat and attractive, and landscaped condition consistent with the Community-Wide Standard.

. The Owner shall pay any costs which are not covered by insurance.

Section 5.4 Party Walls and Party Fences.

(a) “Party Wall” shall mean and refer to the dividing wall between each adjoining

tandard.

. The Owner shall pay any costs which are not covered by insurance.

Section 5.4 Party Walls and Party Fences.

(a) “Party Wall” shall mean and refer to the dividing wall between each adjoining Townhome. Any matters concerning a Party Wall which are not covered by the terms of this Agreement shall be governed by the general rules of law: regarding party walls. “Party Fence” shall mean and refer to the exterior fences separating any two Lots. Any matters concerning Party Fences which are not covered by the terms of this Agreement shall be governed by the general rules of law concerning party fences. - 7 cs me (b) The cost of maintaining each Party Wall and each Party Fence shall be borne equally by the Owners of the Lots on either side of said Party Wall or Party Fence. _ (c) Inthe event of damage or destruction to any Party Wall, Party Fence, shared monolith’ slab or shared roof if the roof line is joined (“Common Structure” herein) from any cause, other than the negligence of either party hereto, the Owners of the Lots on either side of said Common Structure shall repair or rebuild said Common Structure. The cost of sich repair or rebuilding shall be borne equally by the Owners whose Lots adjoin said Common Structure. Each such Owner shall have the right to the full use of said Common Structure so repaired or rebuilt. If either Owner’s negligence shall cause damage.to or destruction of said Common Structure, such negligent party ~ shall bear the entire cost of repair or reconstruction. If either party shall neglect or refuse to pay his or her share, or all of such costs in case of negligence, the other party may have such Common Structure repaired or restored and shall be entitled to ‘have a mechanic’s lien on the Lot and

to pay his or her share, or all of such costs in case of negligence, the other party may have such Common Structure repaired or restored and shall be entitled to ‘have a mechanic’s lien on the Lot and Townhome of the party so failing to pay, for the amount of such defaulting party’s.share of the repair or replacement costs, together with interest at the maximum rate allowable. The party having, such Common Structure repaired shall, in addition to the mechanic’s lien, be entitled to recover _ - attorney’s fees and shall be entitled to all other remedies provided herein or by law. The mechanic’s lien granted herein is effective only if filed in the Real Property Records of the County where the Property is located, by affidavit declaring under oath the claim of the mechanic’s lien.

(d) Neither Owner shall alter or change a Common Structure in any manner, non-structural interior decoration excepted, and such Common Structures shall remain in the same location as when originally erected. Each adjoining Owner to said Common Structure shall have a perpetual easement in that part of the premises of the other on which said Common Structure is located for the purposes of such Common Structure and any other additional area necessary to repair, replace and maintain same.

DECLARATION - PAGE 10 ~ (e) Each Owner shall keep all exterior walls of his outer Townhome in good condition and . repair at his or her sole cost and expense. No Owner shall do or permit to be done any act or thing .

that would tend to depreciate the value of the building (i.e., variance in design, colors, roofing, etc.).

63) Each Owner shall maintain the roof over his or her Townhome i in good condition and - im such manner so as not to damage any other portion of the building. Each Owner shall share

, roofing, etc.).

63) Each Owner shall maintain the roof over his or her Townhome i in good condition and - im such manner so as not to damage any other portion of the building. Each Owner shall share " equally in the costs to repair or maintain the roof over the Party Wall or Party Fence due to normal ’ wear or physical damage. Ifa roofline is joined a and both roofs must be replaced, Teplacement will be coordinated between the Owners.

(g) An Owner who, by his or her negligence, disinterest or willful act c causes a Party Wall _ ot roof to be exposed to the elements, shall bear the whole cost ‘of furnishing the necessary protection against such elements and shall pay all damages resulting from such’ exposure. The costs ‘of normal and timely weatherproofing and maintenance of the roof shall be in accordance with Section 5. A).

(h) Ifany: monolithic slab repairs are required, the entire monolithic foundation must be involved in the repair process. Owners of both properties must cooperate regarding repairs to the slab. Each party shall share equally in any necessary repair. (i) ‘The right of any. Owner to contribution from any other Owner under this Section shall ‘be appurtenant to the land and shall pass to such Owner's successors-in-title.

(j) In the event of any dispute arising concerning a Party Wall, Party Fence or Common Structure, each party shall appoint one arbitrator. Should any party fail and/or refuse to appoint an arbitrator within ten (10) days after written request by the other party, the requesting party shall appoint an arbitrator for the refusing party. The arbitrators appointed shall appoint one additional arbitrator. The decision by a majority of all three arbitrators shall be binding upon the parties and

point an arbitrator for the refusing party. The arbitrators appointed shall appoint one additional arbitrator. The decision by a majority of all three arbitrators shall be binding upon the parties and shall be a condition precedent to any right of legal action that either party may have against the — -. other. Neither the Association nor the Declarant shall have any responsibility to resolve disputes between Members concerning a party structure.

ARTICLE VI INSURANCE AND CASUALTY LOSSES Section 6.1 Association Insurance. The Association shall obtain and continue in effect the following types of insurance, if reasonably available, or : if not reasonably available, the most nearly equivalent coverages as are reasonably available: (a) Blanket “all-risk" property insurance for all insurable improvements on the Common Area and on other portions of the Area of Common Responsibility to the extent that the Association has assumed responsibility for maintenance thereof in the event of a casualty, regardless of ownership. If such coverage is not generally available at reasonable cost, then at a minimum an insurance policy providing fire and extended coverage, including coverage for vandalism and — malicious mischief shall be obtained. The face amount of such insurance shall be sufficient to cover the full replacement cost of the insured property under current building codes and ordinances; DECLARATION - PAGE 11 .

(b) commercial general liability insurance on the Area of Common Responsibility, insuring the Association and its Members for damage or injury caused by the negligence of the Association or any of its Members, employees, agents or contractors while acting on its behalf. If generally

suring the Association and its Members for damage or injury caused by the negligence of the Association or any of its Members, employees, agents or contractors while acting on its behalf. If generally available at reasonable cost, such policy shall have a limit of at least $1,000,000.00 per occurrence _ with respect to bodily injury, personal injury.and property damage; (c) commercial crime insurance, including fidelity insurance, covering: all persons _ responsible for handling Association funds in an amount determined in the Board's best business ~ judgment, but not less than an amount equal to one-sixth (1/6) of the annual Base Assessments on: all Lots plus reserves on hand. ‘Fidelity insurance policies contain a waiver of all defenses based - upon the exclusion of persons serving without compensation; _ _ (d) workers’ compensation insurance and employer’s liability insurance, if and to the extent required by law; , _— (e) directors and officer’s liability coverage: (f) such additional insurance as the Board, in its business judgment, determines advisable.

Premiums for all instirance on the.Area of Common Responsibility shall be a Common Expense. oO.

Section 6.2 - PolicyRequirements. All Association policies shall provide for a certificate _ of insurance to be furnished to the Association and, upon request, to each Member. The policies may contain a reasonable deductible and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance at least equals the coverage required hereunder. In the event of an insured loss, the deductible shall be treated as a Common Expense in - the same manner as the premiums for the applicable insurance coverage. ‘However, if the Board

uired hereunder. In the event of an insured loss, the deductible shall be treated as a Common Expense in - the same manner as the premiums for the applicable insurance coverage. ‘However, if the Board reasonably determines that the loss is the result of the negligence or willful conduct of one or more Owners, their guests, inviteés, or lessees, then the Board may specifically assess the full amount of such deductible against such Owner(s) and their Lot (s) as a Specific Assessment.

Section6.3 Individual Insurance: By virtue of taking title to a Lot, each Owner covenants and agrees with all other Owners and with the Association that each Owner shall carry property _ insurance on his or her Lot and all structures constructed thereon and a liability insurance in the amount of at least $100,000.00 for each occurrence covering liability for damage to persons or property of others located within the Lot, within another Lot, the Common Areas, or in any portion ~ of the Property. The property insurance policy shall be in an amount sufficient to cover the full replacement cost of any repair or reconstruction in the event of damage or destruction from hazards commonly insured under an “all-risk” policy. Each Owner shall furnish a copy of such insurance policy:or policies to the Association within 10 days of the Association’s written request for same.

Authority to adjust losses under policies obtained by an Owner shall be vested in the Owner. If an Owner fails to provide evidence of such insurance or fails to obtain such insurance, the Association may assume responsibility for obtaining such insurance coverage on behalf of the Owner, and the " premiums for such insurance shall be levied as a Specific Assessment against the Owner.

DECLARATION - PAGE 12

ume responsibility for obtaining such insurance coverage on behalf of the Owner, and the " premiums for such insurance shall be levied as a Specific Assessment against the Owner.

DECLARATION - PAGE 12 Section 6.4 Damage and Destruction.

‘(a) In the event of damage to or destruction of Common Area, or other property insured by the Association, the Board or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and shall obtain reliable and detailed estimates of the cost of repair or reconstruction of the damage or destroyed property to substantially the same condition in which it existed prior to the fire or other peril, allowing for any changes or improvements necessitated by changes in applicable building codes. _ . : _ (b) Any damage to or destruction of the Common Area shall be repaired or reconstructed - unless Members representing at least seventy-five percent (75%) of the total Class "A" votes in the Association, and the Class "B" Member, if any, decide within sixty (60) days after the loss not to repair or reconstruct. If for any reason either the amount of the insurance proceeds to be paid as a» result of such damage. or destruction or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within said period, then the period shall be extended until such funds or information shall be made available. However, such extension shall not exceed sixty. (60) days. No Mortgagee shall have the right to participate in the determination of whether the damage or destruction to the Common Areéa shall be repaired or reconstructed. .

(c) If it is determined in the manner described above that the damage or'destruction to the

determination of whether the damage or destruction to the Common Areéa shall be repaired or reconstructed. .

(c) If it is determined in the manner described above that the damage or'destruction to the Common Area shall not be repaired or reconstructed and no alternative improvements are authorized, the affected property shall be cleared of all debris and ruins and thereafter shall be maintained by the Association in a neat and attractive landscaped condition consistent with the .

Community-Wide Standard. . ee (d) Any damage to or destruction of all or any portion of a structure on a Lot shall be repaired by the Owner thereof within 75 days after such damage or destruction or, where repairs cannot be completed within 75 days, they shall be commenced within such period and shall be completed within a reasonable time thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and remove all debris therefrom within 75 days after such damage or destruction. — Section 6.5 Disbursement of Proceeds. Any insurance proceeds remaining after paying _ the costs of repair or reconstruction to the Common Area or other property insured by the Association, or such settlement as is necessary and appropriate, shall be retained by and for the benefit of the Association and its Members and placed in a capital improvements account. This is a covenant for the benefit of any Mortgagee of a Lot and may be enforced by such Mortgagee.

Section6.6 Repair and Reconstruction. Ifthe insurance proceeds are insufficient to cover the costs of repair or reconstruction to the Common Area or other. property insured by the.

Association, the Board may, without the vote of the Members, levy a Special Assessment to cover

ent to cover the costs of repair or reconstruction to the Common Area or other. property insured by the.

Association, the Board may, without the vote of the Members, levy a Special Assessment to cover the shortfall against those Owners responsible for the premiums for the applicable insurance coverage under Section 6.2. DECLARATION - PAGE 13 ~ ARTICLE VIL NO PARTITION - Except as permitted in this Declaration, the Common Area shall remain undivided, and no Person shall bring any action seeking judicial partition without the written consent of all Owners and _ Mortgagees. This Article shall not be construed to prohibit the Board from acquiring and disposing of tangible personal property nor from acquiring and disposing of real property which may or may not be subject to this Declaration. oo Se a "ARTICLE Vi CONDEMNATION Section 8.1 Condemnation. Ifany part of the Common Area shall be taken (or conveyed in lieu of and under threat of condemnation by the Board acting on the written direction. of Members representing at least sixty-seven percent (67%) of the total Class "A" votes in the Association and of the Declarant, as long as the Declarant owns any property described on Exhibit "A") by any _ authority having the power of condemnation or eminent domain, each Owner shall be entitled to written notice of such taking or conveyance prior to disbursement of any condemnation award or proceeds from such conveyance. Such award or proceeds shal! be payable to the Association to be disbursed as set forth in this Article. . 7 Section8.2 Disbursement. Ifthe taking involves a portion of the Common Area on which improvements have been constructed, then the Association shall restore or replace such

t forth in this Article. . 7 Section8.2 Disbursement. Ifthe taking involves a portion of the Common Area on which improvements have been constructed, then the Association shall restore or replace such improvements on the remaining land included in the Common Area to the extent available, unless within sixty (60) days after such taking, Declarant, so long as the Declarant owns any property ~ described in Exhibit "A", and Members representing at least seventy-five percent (75%) of the total Class "A" vote of the Association shall otherwise agree. Any such construction shall be in accordance with plans approved by the Board. The provisions in Article VI hereof regarding the disbursement of funds for the repair of casualty damage or destruction shall apply.

Ifthe taking or conveyance does not involve any improvements on the Common Area.

or a decision is made not to repair or restore, or if net funds remain after any such restoration or _ replacement is complete, then such award or net funds shall be disbursed to the Association and used for such purposes as the Board shall determine. | ARTICLE IX ASSOCIATION FINANCES ‘Section 9.1 Assessment.

(a) Personal Obligation. Each Owner, by accepting a deed for any portion of the Property, is deemed to covenant and agree to pay all assessments authorized by the Governing Documents.

All assessments, together with interest (at a rate not to exceed ten percent (10%) per annum, or such higher rate as the Board may establish by resolution, subject to the limitations of Texas law), late charges as determined by Board resolution, costs and reasonable attorney's fees, shall be the personal DECLARATION - PAGE 14 . ‘obligation of each Owner and a lien upon each Lot until paid in full. Except as provided in Section

ard resolution, costs and reasonable attorney's fees, shall be the personal DECLARATION - PAGE 14 . ‘obligation of each Owner and a lien upon each Lot until paid in full. Except as provided in Section - 9.6, upon the transfer of title to a Lot, the grantee shall be jointly and severally liable for any assessments or charges due at the time of conveyance. .

- “(b) Estoppel Certificate. The Association shall, within ten (10) days of the receipt of a written request from an Owner, Owner’s agent, or title insurance company or its agent acting on behalf of the Owner, furnish to such Person, in addition to any other information that may be required by law, a certificate in writing signed by an officer of the Association, or a duly authorized agent, setting forth the amount of any unpaid assessments against the Owner's Lot. Such certificate.

shall be conclusive evidence of such Owner's assessment obligation as of the date of the certificate.

The Association may require the advance payment of a reasonable processing fee for the issuance - of such certificate.

(c) Time of Payment. Assessments shall be paid in such manner and on such dates as may be fixed by the Board, If the Board so elects, assessments may be paid in two or more installments.

Unless the Board otherwise provides, the Base Assessment shall be due and payable in advance on the first day of each fiscal year. If any Owner is delinquent in paying any assessments or other _ charges levied on his or her Lot, the Board may require any unpaid installments of all outstanding assessments to be paid in full immediately. DO (a) NoExemption. No Owner may waive or otherwise exempt himself from liability for any assessments by non-use of Common Area, abandonment of the Lot or any other reason. The

id in full immediately. DO (a) NoExemption. No Owner may waive or otherwise exempt himself from liability for any assessments by non-use of Common Area, abandonment of the Lot or any other reason. The obligation to pay assessments is a separate and independent covenant on the part of each Owner.

No diminution or abatement of assessment or set-off shall be claimed or allowed by reason of any - alleged failure of the Association to take some action or perform some function required to be taken ~ or performed by the Association or for inconvenience or discomfort arising from the making of repairs or improvements, or from any action taken to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority or for any other action taken or failed to be taken by the Association. : (e) Budget Deficits. During the Class "B" Membership, the Declarant may satisfy its assessment obligations of its Lots either by paying assessments on its unsold Lots in the same manner as any other Owner or by paying the difference between the amount. of assessments (exclusive of reserve contributions) levied on all other Lots subject to assessment and the amount of actual expenditures (exclusive of reserve contributions) incurred by the Association during the fiscal year (the "budget deficit"). Unless the Declarant otherwise notifies the Board in writing at least sixty (60) days before the beginning of each fiscal year, Declarant shall be deemed to have elected to continue paying on the same basis as during the immediately preceding fiscal year..

- Regardless of such election, the Association shall have a lien against all Lots owned by the Declarant to secure the Declarant's obligations under this Section, which lien shall have the same

year..

- Regardless of such election, the Association shall have a lien against all Lots owned by the Declarant to secure the Declarant's obligations under this Section, which lien shall have the same attributes and shall be enforceable in the same manner as the Association's lien against other Lots under this Article IX. The Declarant's obligations hereunder may be satisfied in the form of cash or by “in kind" contributions of services or materials, or by a combination of these. After termination of the Class "B" Membership, Declarant shall pay assessments on its unsold Lots in the same manner as any other Owner. oe .

‘ DECLARATION - PAGE 15 Section 9.2 — Base Assessment.

. (a) Budget. At least sixty (60) days before the beginning of each fiscal year, the Board shall prepare a budget covering the estimated Common Expenses of the Association during the coming year, including any contributions to a reserve fund.

be set at a level which is reasonably expected to produce the total income of the Association equal to the total budgeted Common Expenses, including reserves; provided, however, that Lots for which a Certificate of Occupancy has not been issued shall be assessed at-a rate equal to fifty percent (50%) of the assessment rate for other Lots. In determining the level of assessments, the Board may consider other sources of funds available to the Association. oe (c) Notice; Disapproval. The Board shall send notice of the amount of the Base Assessment to.be levied pursuant thereto, to each Owner at least thirty (30) days ‘prior to the effective date of — such budget. The Base Assessment shall automatically become effective unless the proposed Base

to.be levied pursuant thereto, to each Owner at least thirty (30) days ‘prior to the effective date of — such budget. The Base Assessment shall automatically become effective unless the proposed Base Assessment exceeds one hundred twenty percent (125%) of the prior fiscal year's Base Assessment. In the event the proposed Base Assessment exceeds this percentage, the Base Assessment shall — - automatically become effective unless disapproved at a meeting by Members representing at least fifty-one percent (51%) of the total Class "A" votes in the Association and by the Class "B" Member, if such exists.. There shall be no obligation to call a meeting for the purpose of considering a Base Assessment except on petition of the Members as provided for special meetings in the Bylaws, which petition must be presented to the Board within ten (10) days after delivery of the notice of the Base Assessment.

In the event a proposed Base Assessment is disapproved or the Board fails for any reason to determine the budget for any year, then and until such time as a-budget shall have been determined, the budget and Base Assessment most recently in effect shall continue in effect until a new budget and Base Assessment is determined. a (d) Budget Revisions. The Board may revise the budget and adjust the Base Assessment from time to time during the fiscal year, subject to the notice requirements and the right of the Members to disapprove the revised Base Assessment as set forth above. a Lo (e) Declarant Subsidy. The Declarant may reduce the Base Assessment for any fiscal year by payment of a subsidy (in addition to any amounts paid by Declarant under Section 9.1(¢)), which may be either a contribution, an advance against future assessments due from Declarant, or a loan,

ar by payment of a subsidy (in addition to any amounts paid by Declarant under Section 9.1(¢)), which may be either a contribution, an advance against future assessments due from Declarant, or a loan, in the Declarant's absolute discretion. Any such subsidy shall be disclosed as a line item in the _ income portion of the budget. The payment of such subsidy in any year shall not otherwise obligate the Declarant to continue payment of such subsidy in future years, unless provided in a written agreement between Declarant and the Association...

Section9.3 Reserve Budget and Capital Contribution. The Board shall annually prepare _reserve budgets for the Area of Common Responsibility. The budgets 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 may set the required capital contribution in an amount sufficient to _ permit meeting the projected needs of the Association, with respect both to amount and timing of annual Base Assessments over the period of the budget. .

DECLARATION - PAGE 16 Section9.4 Special Assessments. In addition to other assessments authorized hereunder, the Association may levy Special Assessments from time to time to cover unbudgeted expenses or . expenses in excess of the amount budgeted. Any such Special Assessment shall be levied against the entire membership. Except as otherwise provided in this Declaration, any Special Assessment shall require the affirmative vote or written. consent, or any ‘combination thereof, of. Members ~ representing at least fifty-one percent (51%) of the total votes of the Association, and the affirmative vote or written consent of the Class’ "B" Member, if such exists. Special assessments may be

~ representing at least fifty-one percent (51%) of the total votes of the Association, and the affirmative vote or written consent of the Class’ "B" Member, if such exists. Special assessments may be - payable in such manner and at such times as determined by the Board, and may be payable in installments extending beyond the fiscal year in which the Special Assessment is approved. .

Section9.5 Specific Assessments. The Association shall have the power to levy Specific Assessments against a particular Lot as follows: a .

(a) To cover costs incurred in bringing a Lot into compliance with the provisions of the ' Governing Documents; .

(b) to cover the costs of providing benefits, items or services not provided to all Lots, such as additional landscape maintenance, pest control service, security and transportation services; such -assessments may be levied in advance of the provisions of the requested benefit, item or service as a deposit against charges to be incurred; _ , (c) for fines levied pursuant to. the Governing Documents; (d) for any other cost or expense authorized by the Governing Documents to be levied against an Owner and his or her Lot. _ ; Section 9.6 Lien for Assessments. The Association shall have a lien against each Lot to secure payment of delinquent assessments, as well as interest (subject to the limitations of Texas law), late charges, and.costs of collection (including attorney's fees and costs). Such lien shall be’ prior and superior to all other liens, except (a) the liens of all taxes, bonds, assessments and other levies which by law would be superior thereto, and (b) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over.other Mortgages) made in good faith

er levies which by law would be superior thereto, and (b) the lien or charge of any first Mortgage of record (meaning any recorded Mortgage with first priority over.other Mortgages) made in good faith and for value. Such lien, when delinquent, may be enforced by suit, judgment and judicial or nonjudicial foreclosure in accordance with Texas law. . as Although no further action is required to create or perfect the lien, the Association may, as further evidence and notice of the lien, execute and recorda document setting forth as to any Lot, the amount of the delinquent sums due the Association at the time such document is executed and the fact that a lien exists to secure the repayment thereof. However, the failure of the Association to execute and record any such document shall not, to any extent, affect the validity, enforceability or priority of the lien. The lien may be foreclosed through judicial or, to the extent allowed by law, non-judicial foreclosure proceedings in accordance with Section 51.002 et seq. of the Texas Property Code (the "Foreclosure Statute"), as it may be amended from time to time, in like manner of any deed of trust on real property. In connection with the lien created herein, each Owner of a Lot hereby grants to the Association, whether or not it is so expressed in the'deed, the contract for sale or other conveyance to such Owner, a power of sale to be exercised in accordance with the Foreclosure Statute. At any foreclosure proceeding, any Person may bid for the Lot at foreclosure sale and acquire, hold, lease, mortgage and convey the Lot. While the Association owns the Lot DECLARATION - PAGE 17 - following foreclosure: (i) no right to vote shall be exercised on its behalf; (i) no assessment shall

ld, lease, mortgage and convey the Lot. While the Association owns the Lot DECLARATION - PAGE 17 - following foreclosure: (i) no right to vote shall be exercised on its behalf; (i) no assessment shall be levied.on it; and (iii) each other Lot shall be charged, in addition to its usual assessment, its equal pro rata share of the assessment that would have been charged such Lot had it not been acquired by the Association. The Association may sue to recover a money judgment for runpaid: assessments and other charges without foreclosing or waiving the lien securing the same.

The sale or transfer of any Lot shall not affect the assessment lien or ‘relieve such Lot from the lien for any post-sale assessments. However, the sale or transfer of any Lot pursuant to judicial or non-judicial foreclosure of a first Mortgage shall extinguish the lien as to any installments of such assessments which became due prior to such sale or transfer. Where the Mortgagee holding a first Mortgage of record or other purchaser of a Lot obtains title pursuant to judicial or nonjudicial foreclosure of the Mortgage, it shall not be personally liable for assessments on such Lot due prior to such acquisition of title. Such unpaid assessments shall be deemed to be Common Expenses, collectible from Owners of all Lots, including such acquirer, its successors and assigns.

- Section9.7 Date of Commencement of Assessments. The obligation to pay assessments shall commence as to each Lot on the first day of the month following the month in which the Board first determines a budget and levies assessments pursuant to this Article IX. The first annual Base - Assessment levied on each Lot shall be adjusted according to the number of months remaining in

ard first determines a budget and levies assessments pursuant to this Article IX. The first annual Base - Assessment levied on each Lot shall be adjusted according to the number of months remaining in the fiscal year at the time assessments commence on the Lot.

Section9.8 Capitalization of the Association. Upon the initial acquisition of record title to a Lot by the first Owner thereof other than the Declarant or a Builder, a contribution shall be made by or on behalf of the purchaser to the working capital of the Association i in an amount equal to one-sixth ( 1/6th) of the annual Base Assessment per Lot for that year. This amount shall be in addition to, not in lieu of, the annual Base Assessment levied on the Lot and shall not be considered an advance payment of any portion thereof. : This amount shall be deposited into the purchase and " sales escrow and disbursed therefrom to the Association for use in covering operating expenses and other expenses incurred by the Association pursuant to the terms of this Declaration and the Bylaws.

- Section 9.9 Exempt Property. Notwithstanding anything to the contrary herein, the following property shall be exempt from payment of Base Assessments and Special Assessments: (a) All Common Area; ma) all property dedicated to and accepted by any governmental authority or public utility; (c) all property owned by persons qualifying for tax exempt status ‘under Section. 501(c) of the Internal Revenue Code of 1986 so long as such person owns property subject to this Declaration for purposes listed in Section 501(c) and who has been given a written exemption from assessment by the Association.

ARTICLE X ARCHITECTURAL STANDARDS Section 10.1 General. No structure shall be placed, erected or installed upon any Lot and

d who has been given a written exemption from assessment by the Association.

ARTICLE X ARCHITECTURAL STANDARDS Section 10.1 General. No structure shall be placed, erected or installed upon any Lot and no improvements (including staking, clearing, excavation, grading and other site work, exterior DECLARATION - PAGE 18 - alteration or modification of existing improvements, and planting or removal of landscaping materials) (collectively, the "Work") shall take place except in compliance with this Article X and the Design Guidelines. Notwithstanding the above, an Owner may rebuild in the event of a casualty loss in accordance with originally approved plans and specifications without first seeking approval.

No approval shall be required to remodel, repaint or redecorate the interior of a Townhome.

However, modifications to the interior ofa Townhome visible from outside the Lot shall be subject to approval.

_ This Article X shall not apply? to the activities. of the Declarant nor to improvements to the Common ‘Area by or on behalf of the Association.

This Article X may not be amended without the Declarant's written consent so long as the Declarant owns s any portion of the Property.

Section 10. 2 Architectural Review. Responsibility for administration of the Design Guidelines, as defined below, and review of all applications for construction and modifications under this Article X shall be handled by the Architectural Review Committee (the "Committee").

The members of the Committee may, but need not, include architects, -engineers or similar - professionals, whose compensation, if any, shall be established from time to time by the Board. The | Committee shall consist of three persons. Until one hundred percent (100%) of the Lots shown on

- professionals, whose compensation, if any, shall be established from time to time by the Board. The | Committee shall consist of three persons. Until one hundred percent (100%) of the Lots shown on the Plat have been conveyed to Class "A" Members and each such Lot has been issued a Certificate of Occupancy, the Declarant retains the right to appoint all members of the Committee who shall serve at the discretion of the Declarant. There shall be no surrender of this right prior to that time except in a written instrument executed by Declarant and recorded in the Collin County Deed Records. Upon the expiration of such right, the Board shall appoint the members of the Committee, who shall serve and may be removed at the discretion of the Board: , Section 10.3 Guidelines and Procedures.

(a) Design Guidelines. The Declarant shall prepare the initial design and development guidelines and application and review procedures (the "Design Guidelines") which shall be applicable to all construction activities within the Property. Declarant shall have the sole and full authority to amend them as long as it owns any portion | of the Property unless Declarant assigns such right to the Board at an earlier time. Thereafter, the Board shall have the authority to amend the Design Guidelines. Any amendments to the Design Guidelines shall be prospective only and shall not apply or 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; Declarant or the Board, as appropriate, is expressly authorized to amend the Design Guidelines to remove requirements previously imposed or otherwise

the scope _of amendments to the Design Guidelines; Declarant or the Board, as appropriate, is expressly authorized to amend the Design Guidelines to remove requirements previously imposed or otherwise to make the Design Guidelines less restrictive. The Design Guidelines may contain general provisions applicable to all of the Property, as well as specific provisions which vary from one portion of the Property to another depending upon location and unique characteristics.

The Association shall make the Design Guidelines available to Owners and Builders who seek to engage in development or construction within the Property, and all such Persons shall conduct their activities in accordance with such Design Guidelines.

DECLARATION - PAGE 19 (b) Procedures. No Work shall commence on any Lot until an application for approval has been submitted to and approved by the Committee in writing. Such application shall be in the form required by the Committee and shall include.plans and specifications ("Plans") showing the site layout, structural design, exterior elevations, exterior materials and colors, signs, landscaping, drainage, lighting, irrigation, utility facilities layout and screening therefor, and other features of proposed construction, as applicable. The Committee may require the submission of such additional _ information as it deems necessary to consider any application. The Plans shall be in such form and shall contain such information as may reasonably be required pursuant to the Design Guidelines.

The Committee may permit a set of plans to be submitted for consideration and approval with respect to multiple Lots at one time. | In reviewing each submission, the Committee may consider (but shall not be limited to

permit a set of plans to be submitted for consideration and approval with respect to multiple Lots at one time. | In reviewing each submission, the Committee may consider (but shall not be limited to consideration of) visual and environmental impact, ecological compatibility, natural platforms and .

finished grade elevations, the quality of workmanship and design, harmony of external design with surrounding structures and environment, location in relation to surrounding structures and plant life, architectural merit and compliance with the general intent of the Design Guidelines and the general scheme of development for the Property. Decisions of the Committee may be based on purely aesthetic considerations. A schedule and procedures outlining the specified Plans to be submitted at specific times.

shall be established by the Committee and may be ‘set forth in the Design Guidelines. The Committee shall, within forty-five (45) days after receipt of each required submission of Plans, advise the party submitting the same, in writing, at an address specified by such party at the time of submission of (i) the approval of Plans or (ii) the disapproval of Plans, specifying the segments or features of the Plans which are objectionable and suggestions, if any, for the curing of such objections. In the event the Committee fails to advise the submitting party by written notice within the time set forth above of either the approval or disapproval of the Plans, the applicant may give the Committee written notice of such failure to respond, stating that, unless the Committee responds within ten (10) days of receipt of such notice, approval shail be deemed granted. However, no Plans, whether expressly approved or deemed approved pursuant to the foregoing, shall be inconsistent

onds within ten (10) days of receipt of such notice, approval shail be deemed granted. However, no Plans, whether expressly approved or deemed approved pursuant to the foregoing, shall be inconsistent with the Design Guidelines unless a variance has been granted in writing pursuant to Section.10.5.-: Notice shall be deemed to have been given at the time the envelope. containing such.

notice, properly addressed and postage prepaid, is deposited with the United States Postal Service, _ registered or certified mail, return receipt requested. Personal delivery of such written notice shall also be sufficient and shall be deemed to have been given at the time of delivery. , All work shall be completed within one (1) year of commencement of coristruction or such shorter period as the Committee may specify in the notice of approval, unless completion within such time is delayed due to causes beyond the reasonable control of the Owner, as determined in the sole discretion of the Committee.

Section 10.4 No Waiver of Future Approvals. The Committee's approval of any Plans for any Work done or proposed, or in connection with any other matter requiring the approval and consent of such Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar Plans or other matters subsequently or additionally submitted for approval.

DECLARATION - PAGE 20 Section 10.5 Variances. The Committee may authorize * variances fiom compliance with the Design Guidelines and any required procedures when circumstances such as. topography, natural obstructions, hardship or aesthetic or environmental considerations so require. Such variances shall not, however, (i) be effective unless in writing; (ii) be contrary to the restrictions set forth in this

uctions, hardship or aesthetic or environmental considerations so require. Such variances shall not, however, (i) be effective unless in writing; (ii) be contrary to the restrictions set forth in this Declaration; or (iii) estop the Committee from denying a variance in other circurnstances. 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 constitute hardships.

Section 10.6 Limitation of Liability. Review and approval of any application pursuant to this Article X is made on the basis of aesthetic considerations only, and the Committee shall not bear . any responsibility for ensuring (i) structural integrity or soundness of approved construction or modifications, (ii) compliance with building codes and other governmental requirements, or (iii) conformity of quality, value, size or design among Lots. Neither the Declarant, the Association, the — Board, the Committee nor member of any of the foregoing, shall be held liable for soil conditions, drainage or other general site work, or for any defects in Plans revised or approved hereunder, or — for any injury, damages or loss arising out of the manner or quality of approved ¢ construction on or modifications to any Lot. - .

Section 10.7 Fees; Assistance. The Committee may establish and charge reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to review of any application. Such fees may include the reasonable costs incurred in having any application reviewed by architects, engineers or other professionals, although nothing shall be construed herein as requiring the review of applications by such professionals. Oe .

urred in having any application reviewed by architects, engineers or other professionals, although nothing shall be construed herein as requiring the review of applications by such professionals. Oe .

Section 10.8 Enforcement. Any Work performed i in violation of this Article X or the Design Guidelines shall be deemed nonconforming. Upon written request from the Board, the Declarant or the Committee, Owners shall, at their own cost and expense, cure such nonconforming Work or remove such structure or improvement and restore the Lot to ‘substantially the same condition as existed before the nonconforming Work. Should an Owner fail to remove or restore as required hereunder, the Declarant, the Association or their designees, shall have the right to enter the Lot and remove or cure the violation. All costs, together with the interest at the maximum rate then allowed by law, may be assessed against the nonconforming Lot and collected as a: Specific Assessment pursuant to Section 9.5. . ; .

In the event that any Person fails to commence and diligently pursue to completion all approved Work, Declarant or the Association shall be authorized, after providing notice and an opportunity to. cure to the Owner, 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 asa Specific Assessment pursuant to Section 9.5. _ In addition to the foregoing, the Association and Declarant shall have the authority and standing to pursue all legal and equitable remedies available to enforce the provisions of this Article X and the decisions of the Committee.

Section 10.9 Notice of Violation. To evidence any violation of this Article X or Article -

equitable remedies available to enforce the provisions of this Article X and the decisions of the Committee.

Section 10.9 Notice of Violation. To evidence any violation of this Article X or Article XI by any Owner, the Board may file, but is not required to file, in the Deed Records of Collin _ County, Texas, a notice of violation setting forth (i) the violation, (ii) the name of the Owner and Lot, and (iii) a sufficient legal description of the Lot: Such notice shall be signed and acknowledged DECLARATION - PAGE 21 . by an officer or duly authorized agent or attorney of the Association. The cost of ‘preparing and recording such notice may be assessed against the non-conforming Lot and collected as a a Specific Assessment pursuant to Section 9.5.

ARTICLE XI — “USE RESTRICTIONS Section 11.1 General. | The xe Property shall be used only for single-family residential and related purposes (which may include, without limitation, an information center and/or a sales office - for any real estate broker retained by Declarant to assist in the sale of any portion of the Property, offices for any property manager, or business offices for Declarant or the Association) consistent with the Governing heim Section 11.2 Occupants Bound. All provisions of the Governing Documents which govern the conduct of Owners and which provide for sanctions against Owners shall also apply to all occupants, guests and invitees of any Lot. Every Owner shall cause all occupants of his or her Lot to comply with the Governing Documents, ‘Every Owner shall be responsible for all violations and losses to the Common Area caused by such occupants, notwithstanding the fact that such occupants ofa Lot are fully liable and may be sanctioned for any. such violation or loss. .

or all violations and losses to the Common Area caused by such occupants, notwithstanding the fact that such occupants ofa Lot are fully liable and may be sanctioned for any. such violation or loss. .

Section 11.3 Signs. No sign, flag, banner of any kind shall be erected within the Property without the written consent of the Board, except (i) entry, directional and advertising signs installed by Declarant (ii) one professional sign of not more than three square feet in area per side advertising a Lot for sale (iii) political signs advocating the election of one or mofe political candidates or the sponsorship of a political party, issue or proposal provided that such signs shall not be erected more than a reasonable period of time (in no event to exceed sixty (60) days in advance of the election to which they pertain and are removed within fifty (15) days after the election); (iv) personal signs indicating school affiliations, birth announcements and similar type signs; (v) contractors’ signs used for advertising work performed on a Lot provided that such signs shall not be erected more than .

ninety (90) days following completion of the work; and (vi) signs indicating that a Townhome is: monitored by a security company. The Board reserves the ri ight to restrict the size, color, lettering and placement of all permitted signs.

Section 11.4 Parking and Prohibited Vehicles.

(a) Parking. Vehicles shall not be parked overnight on the private streets. Visitors or guests may park on ‘the streets for no more than twenty-four (24) consecutive hours. (b) Prohibited Vehicles. Commercial vehicles, vehicles w with commercial writing on their exteriors, vehicles primarily used or designed for commercial purposes, golf carts, stored vehicles,

hours. (b) Prohibited Vehicles. Commercial vehicles, vehicles w with commercial writing on their exteriors, vehicles primarily used or designed for commercial purposes, golf carts, stored vehicles, inoperable vehicles, tractors, mobile homes, recreational vehicles, trailers (either with or without wheels), campers, camiper trailers, boats and other watercraft, and watercraft trailers shall be parked only in enclosed garages or other areas, if screened from view from the street. For purposes of this Section, a vehicle shall be considered "stored" if it is put up on blocks or covered with a tarpaulin and remains on blocks or so covered for fourteen (14) consecutive days. For purposes of this Section, a vehicle shall be considered "inoperable" if it is obviously not capable of being operated as a vehicle or if it does not have current registration or operating licenses. Notwithstanding the DECLARATION - PAGE 22 _ above, service and delivery vehicles may be parked in the Property for suck period of time as is reasonably necessary to provide service or to make a delivery to a Lot or the Common Areas. Any . vehicle parked in violation of this Section or parking rules promulgated by the Board may be towed at the vehicle owner’s expense.

Section 11.5 Animals and Pets. No animals, livestock or poultry of any kind shall be raised, bred or kept on any portion of the Property, except that a reasonable number of dogs, cats or other usual and common household pets may be permitted on a Lot. Notwithstanding the above, those pets which are permitted to roam free or, in the sole discretion of the Board, endanger the health, make objectionable noise or constitute a nuisance or inconvenience to the occupants of other

, those pets which are permitted to roam free or, in the sole discretion of the Board, endanger the health, make objectionable noise or constitute a nuisance or inconvenience to the occupants of other Lots shall be removed upon request of the Board. If the pet owner fails to honor such request, the Board may remove the pet. Dogs shall be kept on a leash or otherwise confined whenever outside the Townhome or the enclosed portion of the Lot.

Section 1 1 6 Quiet Enjoyment. Nothing shall be done or maintained on any part of a Lot which emits foul or obnoxious odors outside the Lot or creates noise or other conditions which tend to disturb the peace, quiet, safety, comfort or serenity of the occupants of other Lots. There shall not be maintained any plants or animals or device or things of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of the Property. .

No noxious, illegal or offensive activity shall be carried on upon any portion of the Property, which in the: reasonable determination of the Board tends to’ cause embarrassment, discomfort, annoyance or nuisance to persons using the Common Area or to the occupants of other Lots. No outside burming of trash or garbage shall be permitted within the Property. No speaker, horn, whistle, bell or other sound device, except alarm devices: used exclusively for ‘security purposes, shall be installed or operated on any Lot.. The use an discharge of firecrackers and other fireworks is prohibited within the Property. ; Section 11.7 Unsightly or Unkempt Conditions. All portions ofa Lot outside of enclosed structures shall be kept in a clean and tidy condition at all times. Nothing shall be done, maintained,

operty. ; Section 11.7 Unsightly or Unkempt Conditions. All portions ofa Lot outside of enclosed structures shall be kept in a clean and tidy condition at all times. Nothing shall be done, maintained, stored or kept outside of enclosed structures on a Lot which, in the determination of the Board, causes an unclean, unhealthy or untidy condition to exist or is obnoxious to the senses. The pursuit .

of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly or unkempt conditions, shall not be pursued or undertaken on any part of the Property. Notwithstanding the above, the disassembly and assembly of motor vehicles to perform repair work shall be permitted provided such activities are not conducted on a. regular or frequent basis and are either conducted entirely within an enclosed garage ‘or, if conducted outside, are begun and completed within twelve (12) hours.

No person shall dump grass clippings, leaves or other debris, petroleum products, fertilizers or other potentially hazardous or toxic substances in any drainage ditch, street or gutter, or anywhere. on the Common Areas. Such materials shall not be disposed of on any portion of the Property without the prior permission of the Owner thereof.

DECLARATION - PAGE 23 . Section 11.8 Antennas. No exterior antennas, aerials, satellite dishes or other apparatus for the transmission of: television, radio, satellite or other signals of any kind shall be placed, allowed or maintained upon any portion of the Property. Notwithstanding the foregoing (i) antennas or

or the transmission of: television, radio, satellite or other signals of any kind shall be placed, allowed or maintained upon any portion of the Property. Notwithstanding the foregoing (i) antennas or satellite dishes designed to receive video programming services via multi-point distribution services which are one meter or less in diameter or diagonal measurement; (ii) antennas or satellite dishes designed to receive direct broadcast satellite service which are one meter or less in diameter; or Gii) - antennas or satellite dishes designed to receive television broadcast signals [(i), (ti) and (iii) are collectively referred to as "Permitted Devices"] shall be permitted to be placed on a Lot provided that any such Permitted Device is placed in the least conspicuous location on the Lot at which an acceptable quality signal can be received and such Pemnitted Device is not visible from neighboring property or is screened from the view of adjacent Lots in a manner consistent with the ‘e ComununityWide Standard and the Design Guidelines. ° .

- Section 1 1.9 " Clotheslines. Garbage Cans, ‘Tanks, etc. Permanent clotheslines and clothesline supports are not permitted. All garbage cans, above-ground storage tanks, mechanical a equipment and other similar items on Lots shall be located or screened so as to be concealed from.

view of neighboring Lots, streets and property located adjacent to the Lot. All rubbish, trash and — garbage shall be stored in appropriate containers approved pursuant to Article X. All rubbish, trash — and garbage shail regularly be removed from the Property arid shall not be allowed to accumulate. .

Garbage and trash cans may be placed at the curbside or other designated pickup location not more

— and garbage shail regularly be removed from the Property arid shall not be allowed to accumulate. .

Garbage and trash cans may be placed at the curbside or other designated pickup location not more than twenty-four (24) hours prior to the pickup time and must be removed within. twelve (2) hours after pickup.

Section 11.10 Subdivision and T Time ¢ Sharing ‘No Lot shall be subdivided into two or more Lots, nor shall two or more Lots be combined into a single Lot, nor shall a Lot have its boundary lines changed after the Plat has been approved and recorded except with the prior written approval of the Board. Declarant, however, hereby expressly reserves the right to subdivide, change the boundary line of and replat any Lot(s) owned by Declarant. Notwithstanding the combination of two or more Lots into a single Lot, the Owner of the combined Lot(s) shall be obligated to pay the Base Assessment or any Special Assessment based upon the number of Lots originally comprising’ the Lot as shown on the original approved and recorded Plat of the portion of the Property including such Lots.

No Lot shall be made subject to any type of timesharing, fraction-sharing or similar program whereby the right to exclusive use of the Lot rotates among members of the program on a fixed or floating time schedule over a period of years.

Section 11.11 Firearms. The discharge of firearms and use of bows and arrows within the Property is prohibited. The term "firearms" includes "B-B" guns, pellet guns and other firearms of all types, regardless of size. Notwithstanding anything to the contrary contained in the Governing Documents, the Association shall not be obligated to take action to enforce this Section.

Section 11.12 Pools. No above-ground swimming pools shall be erected, constructed or

ontained in the Governing Documents, the Association shall not be obligated to take action to enforce this Section.

Section 11.12 Pools. No above-ground swimming pools shall be erected, constructed or _ installed on any Lot. Jacuzzis, whirlpools or spas approved pursuant to Article X shall not be considered an above-ground pool for the purposes of this Section.

DECLARATION - PAGE 24.

wa ; Ns Section 11.13 Irrigation. No sprinkler or irrigation systems of any type shall be installed, constructed or operated within the Property unless prior written approval has been received from the - Board or its designee. oo . 8 . - Section 11.14 Tents, Mobile Homes and Temporary Structures. Except as may be permitted by the Declarant or the Committee during initial construction within the Property, no tent, shack, .

_ mobile home, storage shed or structure of a temporary nature shall be placed upon a Lot or any part of the Property without prior approval pursuant to Article X hereof, except that party tents or similar temporary structures may be erected for a limited period of time for special events with prior written approval of the Board. 7 Ce ae an .

_ Section 11.15 Grading, Drainage and Septic Systems. No Person shall alter the grading of any Lot: without prior approval pursuant to Article X of this Declaration. No Person other than Declarant may obstruct or rechannel the drainage flows after location and installation of drainage swales, storm sewers or storm drains. The Declarant hereby reserves for itself and the Association a perpetual easement across the Property for the purpose of altering drainage and water flow.

However, the exercise of such an easement shall not materially diminish the value: of or

d the Association a perpetual easement across the Property for the purpose of altering drainage and water flow.

However, the exercise of such an easement shall not materially diminish the value: of or unreasonably interfere with the use of any adjacent property. without the Owner's consent. Septic - tanks and drain fields, other than those installed by or with the consent of the Declarant, are Section 11.16 Removal of Plants and Trees, No trees or shrubs, except for those which are diseased or dead or create a safety hazard, shall be removed except in strict compliance with the Design Guidelines and upon prior approval in accordance with Article X of this Declaration. Jn the event of an intentional or unintentional violation of this section, the violator may be required by the Committee to replace the removed tree with one or more comparable trees of such size and number and in such locations as the Committee may determine necessary, in its sole discretion, to mitigate the damage.

- Section 11.17. Utility Lines. No overhead utility lines, including lines for cable television, shall be permitted within the Property, except for temporary lines as required during construction and high voltage lines. . | .

Section 11.18 Air-conditioning Units. No window air-conditioning units may be installed ~ in any Townhome. an | Section 11.19 Lighting. Except for traditional holiday decorative lights, which may be displayed for one (1) month prior to and one. (1) week after any commonly recognized holiday for which such lights are traditionally displayed, all exterior lights must be approved in accordance with Article X of this Declaration. a . .

Section 11.20 Artificial Lakes, Exterior Sculpture and Similar Items.. No artificial

aditionally displayed, all exterior lights must be approved in accordance with Article X of this Declaration. a . .

Section 11.20 Artificial Lakes, Exterior Sculpture and Similar Items.. No artificial vegetation, permanent or temporary flagpoles, exterior sculpture, fountains, flags, birdhouses, birdbaths, other decorative embellishments, or similar items, shall be permitted unless approved in accordance with Article X of this Declaration. oO a DECLARATION - PAGE 25 Nee NY Section 11.21 Playground. and Recreational Equipment.. No jungle gyms, swing sets, basketball hoops and backboards, similar playground equipment, tennis courts or such other recreational equipment shall be erected or installed on any Lot ‘without prior written approval in accordance with Article X hereof. - Any basketball hoops or backboards permitted by the Board or its designee must not be visible from the street, Any playground or other play areas or equipment erected within the Property shall be used at the risk of the user. The Association shall not be held liable to any Person for any claim, damage or injury occurring thereon or related to use theréof.

_ Section 11.22 Fences. No hedges, walls, dog runs, animal pens or fences of any kind shall.

be permitted on any Lot except as approved in accordance with ArticleX.

Section 11.23 Business Use. No business, trade or similar activity may be conducted in or from any Lot, except that an Owner or occupant residing in a Lot may conduct business activities within the Lot so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot, (ii) the business activity conforms to all

ithin the Lot so long as (i) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from outside the Lot, (ii) the business activity conforms to all zoning requirements for the Property, (iii) the business activity does not noticeably increase the level of vehicular or pedestrian traffic or the number of vehicles parked in the Property, (iv) the business activity does not involve door-to-door solicitation of residents of the Property, and (v) the business activity is consistent with the residential character of the Property and does not constitute a nuisance .

or a hazardous or offensive use, or threaten the security or safety of other residents of the Property, | as may be determined in the sole discretion of the Board.

The terms "business" and "trade" as used in this provision, shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation, .

work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation or other form of consideration, regardless of whether (i) such activity is engaged in full or part time, - (ii) such activity is intended to or does generate a profit, or (iii) a license is required.

oo ‘Notwithstanding the above, the leasing of a Lot shall not be considered a business or trade within the meaning of this Section. This Section shall not apply to any activity conducted by the Declarant or a Builder approved by the Declarant with respect to its development .and sale of the Property or its use of any Lots which it owns within the Property. ~ SO

any activity conducted by the Declarant or a Builder approved by the Declarant with respect to its development .and sale of the Property or its use of any Lots which it owns within the Property. ~ SO Section 11.24 Leasing of Lots. "Leasing", for purposes of this Declaration, is defined as regular, exclusive occupancy of a Lot by any person, other than the Owner for which the Owner receives any consideration or benefit, including, but not limited to, a fee, service, gratuity or emolument. All Leases shall be in writing. Lots may be leased only in their entirety. No fraction or portion may be leased. There shall be no subleasing of Lots or assignment of leases unless prior written approval is obtained from the Board. No transient tenants may be accommodated in a Lot.

All leases shall be in writing and shall be for an initial term of no less than six (6) months, except with the prior written consent of the Board. Notice of any lease, together with such additional information as may be required by the Board, shall be given to the Board by the Owner within ten (10) days of execution of the lease. The Owner must make available to the lessee copies of the Governing Documents. The Board may adopt reasonable rules regulating leasing and subleasing.

DECLARATION - PAGE 26 Section'11.25 Laws and Ordinances. Every Owner and occupant of any Lot, their guests and invitees, shall comply with all laws, statutes, ordinances and rules of federal, state and municipal governments applicable to the Property. Any violation may be considered a violation of this Declaration. However, the Board. shall have no obligation to take action to enforce such laws, .statutes; ordinances and rules. . ° Section 11.26 Single Family Occupancy. No Lot shall be occupied by more than a single

ver, the Board. shall have no obligation to take action to enforce such laws, .statutes; ordinances and rules. . ° Section 11.26 Single Family Occupancy. No Lot shall be occupied by more than a single family: For purposes of this restriction, a single family shall be defined as any number of persons related by blood, adoption or marriage living with not more. than one person who is not so related as a single household unit, or no more than two persons who are not so related living together as a single household unit, and the household employees of either such household unit; provided, however, that nothing herein shall be interpreted to restrict the ability of one or more adults meeting the definition of a single-family from residing with any number of persons.under the age of eighteen (18) over whom such persons have legal authority. 7 a a ARTICLE XII EASEMENTS Section 12.1 Easements ofEncroachment, There shall be reciprocal appurtenant easements of encroachment and for maintenance and use of any permittéd encroachment, between each Lot and any adjacent Common Area and between adjacent Lots due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed or altered thereon (in accordance with the terms of these restrictions) to a distance. of not more than three feet, as measured from any point on the common boundary along a line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if such encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge an consent of the Person claiming the benefit of such ’ easement. ‘ : Section 12.2 Easements-for Utilities, etc, There are hereby reserved unto Declarant, so

duct on the part of, or with the knowledge an consent of the Person claiming the benefit of such ’ easement. ‘ : Section 12.2 Easements-for Utilities, etc, There are hereby reserved unto Declarant, so long as the Declarant owns any property described on Exhibit “A”, the Association and the _ designees of each (which may include, without limitation, Collin County, Texas, and any utility) access and maintenance easements upon, across, over and under all of the Property (but not through a structure) to the extent reasonably necessary for the purpose of replacing, repairing and — maintaining cable television systems, master television antenna systems, security and similar systems, roads, walkways, drainage systems, street lights, signage and all utilities, including, but not limited to, water, sewers, meter boxes, telephone, gas and electricity and for the purpose of installing any of the foregoing on property which it owns or within easements designated for such purposes on recorded plats of the Property. Notwithstanding anything to the contrary herein, these easements shall not entitle the holders to construct or install any of the foregoing systems, facilities or utilities over, under or through any existing Townhome on a Lot and any damage to a Lot resulting from the exercise of these easements shall promptly be repaired by, and at the expense of, the Person exercising these easements. The exercise of these easement shall not unreasonably interfere with the use of any Lot. 7 ; _ . Without limiting the generality of the forgoing, there are hereby reserved for the local water supplier, electric company, and natural gas supplier easements across all the Common Area for ingress, egress, installation, reading, replacing, repairing and maintaining utility meters and

ocal water supplier, electric company, and natural gas supplier easements across all the Common Area for ingress, egress, installation, reading, replacing, repairing and maintaining utility meters and DECLARATION - PAGE 27 - boxes. However, the exercise of this easement shall not: extend to permitting entry into the Townhome on any Lot. Notwithstanding anything to the contrary contained in this Section, no sewers, electrical lines, water lines or other utilities may be installed or relocated on the Property except as may be approved by the Board or as provided by Declarant.

Section 12.3. Right of Entry. The Association shall have the right, but not the obligation, -to enter upon any Lot for emergency, security and safety reasons, to perform maintenance pursuant to Article V hereof, and to inspect for the purpose of ensuring compliance with the Governing Documents. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the Owner. This right of entry shall include the right of the Association to enter upon a Lot to cure any condition which may increase the possibility of a fire or other hazard in the event an Owner fails or refuses to cure the condition within a reasonable time after requested by the Board, but shall not authorize. entry into any Townhome without permission of the Owner except by emergency personnel acting in their official capacities.. The easement granted hereunder shall not create an obligation or duty on the part of Declarant or the Association to provide for the safety or security within the Property.

Section 12.4 Certain Easements for Owners. There is hereby reserved to each Lot — "reciprocal appurtenant easements for access over, across and upon the adjacent Lot (exclusive of

within the Property.

Section 12.4 Certain Easements for Owners. There is hereby reserved to each Lot — "reciprocal appurtenant easements for access over, across and upon the adjacent Lot (exclusive of Townhomes) and the adjacent Common Area for the construction, maintenance and repair of _ Townhomes or party structures to a distance of not more than five feet (5'), as measured from any point on the common boundary along a line perpendicular to such boundary. The use of said easement by an Owner shall not exceed a total of thirty (30) days each year for maintenance unless approved in writing by the Board. Any landscaping or irrigation systems damaged by the Owner - during the construction, maintenance or repair of his or her Townhome or party structure shall be repaired or replaced, if necessary, at the expense of the Owner causing such damage. If the Owner fails properly to perform such repairs or replacements, the Association may perform such maintenance responsibilities and assess all costs incurred by the Association against the Lot and the Owner as a Specific Assessment in accordance with Section 9.5. However, the Association shall afford the Owner reasonable notice and an opportunity to cure the problem prior to entry, except when immediate entry is required due to ani emergency situation.

‘There is also hereby reserved to each Lot reciprocal appurtenant’ easements of: encroachment over, across and upon the adjacent Lot and adjacent Common Area for water drainage | from the roof of the Townhomes or other structures. Owners shall not attach any object to a Townhome of an adjacent Lot or disturb the grading of the area located between the adjacent Townhomes or otherwise act with respect to such area in any manner which would damage the

ch any object to a Townhome of an adjacent Lot or disturb the grading of the area located between the adjacent Townhomes or otherwise act with respect to such area in any manner which would damage the _ adjacent Lot. In the event of.a dispute arising out of the rights and obligations created. under this Section 12.4, the parties agree to resolve the dispute in accordance with Section 5.4(e).

_ ARTICLE Xi ADDITIONAL RIGHTS RESERVED TO DECLARANT Section 13.1 Assignment, Any or all of the special rights and obligations of the Declarant set forth in the Governing Documents may be transferred to other Persons; provided that the transfer Shall not reduce an obligation nor enlarge a right beyond that contained in the Governing Documents. Furthermore, no such transfer shall be effective unless it is in a written instrument DECLARATION - PAGE 28 ~- signed by the Declarant and. duly r recorded in the County ( Clerk Official Records o of Collin n County Texas.

Section 13.2 Marketing ‘and Sales Activities. Declarant and Builders authorized by Declarant may construct and maintain and carry on upon portions of the Common Area, or 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 construction or sale of such Lots, including, but not limited to, business offices, signs, sales offices and model Lots. Declarant and authorized Builder(s) shall have easements for access to and use of such facilities.

Section 13.3 Additional Covenants. No Person shall record any declaration of covenants, - conditions and restrictions, or declaration of condominium or similar instrument affecting any

uch facilities.

Section 13.3 Additional Covenants. No Person shall record any declaration of covenants, - conditions and restrictions, or declaration of condominium or similar instrument affecting any portion of the Property without Declarant’s review and written consent. Any attémpted recordation without compliance herewith shail result in such instrument being void and of no force and effect unless subsequently approved by written consent signed by the Declarant and recorded in the public records. .

Section 13.4 Use of Name of Development. No Person shall use the name "The. Village — of Wylie" or any derivative of such name in any printed or promotional material without Declarant's.

prior written consent. However, Owners may use the name “The Village of Wylie" in printed or promotional material where such term is used solely to specify that particular property is located within the Property and the Association shall be entitled to use the words "The Village of Wylie" in its name.

Section 13.5 © Termination of Righ ts. The rights contained in this Article shall not terminate until the earlier of (i) thirty (30) years from. the date this Declaration is recorded, or (ii) upon ARTICLE XIV GENERAL PROVISIONS Section 14.1 Term. The covenants and restrictions of this Declaration shall run with and Owner of any Property, their respective legal representatives, heirs, successors and assigns for a term of thirty (30) years from the date this Declaration is recorded. After such time, the covenants

Owner of any Property, their respective legal representatives, heirs, successors and assigns for a term of thirty (30) years from the date this Declaration is recorded. After such time, the covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument in writing, signed by a majority of the then Owners, has been recorded within the year preceding the beginning of each successive period of ten (10) ‘years, agreeing to change said covenants and restrictions, in whole or in part, or to terminate the same, in which case this Declaration shall be modified or terminated as specified therein. — Section 14.2 Amendment, (a) By Declarant. In addition to the specific amendment rights granted elsewhere in this Declaration, until termination of the Class "B" membership, Declarant may unilaterally amend this Declaration for any purpose; provided, however, that any amendment pursuant to this paragraph shall not adversely affect the title to any Lot unless the Owner shall consent thereto in writing.

DECLARATION - PAGE 29 (b) By Class "A" Members. Except as provided above and otherwise specifically provided in this Declaration, this Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Members representing sixty-seven percent (67%) of the total Class "A" votes in the Association and the consent of the Declarant, so 30 Jong as the Declarant owns any property subj ect to this Declaration.

Notwithstanding the above, the percentage of votes necessary to amend a specific clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. To be effective, any. amendment must be recorded in the County Clerk

fic clause shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause. To be effective, any. amendment must be recorded in the County Clerk Official Records of Collin County, Texas. Any-procedural challenge to an amendment must be made within six (6) months of i its recordation or such amendment shail be presumed to have been validly adopted. ; If an Owner consents to any amendment to this Declaration or the Bylaws, it will be conclusively presumed that such Owner has the authority so 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.

No amendment may remove, revoke or modify any right or privilege of the Declarant or the Class "B" Member without the written consent of the Declarant or the Class: "B" Member, respectively (or the assignee of such right or - privilege).

Section 14. 3 Severability. Invalidation of any provision or portion of a provision of this Declaration by judgment or court order shall in no way affect any other Provisions, which shall remain in full force and effect.

Section 14.4 Perpetuities. If any of the covenants, conditions, restrictions or other provisions of this Declaration shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last survivor of the now living descendants of Elizabeth II, Queen of England.

Section 14.5 Litigation. Except as otherwise specifically provided below, no judicial or.

administrative proceeding shall be commenced or prosecuted by the Association unless approved _

en of England.

Section 14.5 Litigation. Except as otherwise specifically provided below, no judicial or.

administrative proceeding shall be commenced or prosecuted by the Association unless approved _ . bya vote of seventy-five percent (75%) of the Class "A" Members, and the consent of the Class "B".

Member. This section shall not apply, however, to (i) actions brought by the Association to enforce the provisions of this Declaration (including, without limitation, the foreclosure of liens), (ii) the imposition and collection of assessments as provided in Article IX, (iii) proceedings involving challenges to ad valorem taxation, or (iv) counterclaims or crossclaims brought by the Association _ - in proceedings instituted against it. This section shall not be amended unless such amendment is approved by the percentage of votes, and pursuant to the same procedures, necessary to institute proceedings as provided above.”

_ Section 14.6 Notice of Sale or Transfer of Title. In the event that any Owner desires to sell or otherwise transfer title to his or her Lot, such Owner shall give the Board at least seven (7) days prior written notice of the name and address of the purchaser or transferee, the date of such transfer of title, and such other information as the Board: may reasonably require. .The transferor shail DECLARATION - PAGE 30° ee , NA . continue to be jointly and severally responsible with the transferee for all obligations of the Owner of the Lot coming due prior to the date upon which such notice is received by the Board, including ; assessment obligations, notwithstanding the transfer of fitle to the Lot. ’ IN WITNESS wg the undersigned duly authorized officer of the Declarant has - executed this Declaration on theay* a DECLARANT: ACKNOWLEDGMENT

ns, notwithstanding the transfer of fitle to the Lot. ’ IN WITNESS wg the undersigned duly authorized officer of the Declarant has - executed this Declaration on theay* a DECLARANT: ACKNOWLEDGMENT STATE OF TEXAS —- § COUNTY OF DALLAS. § BEFORE ME, the undersigned, a Notary Public i in and for the State of Texas, on thea eX day ofa 2003, personally appeared ROBERT H. SANDLIN, and at soknowledged that he executed the foregoing document. _ Notary Notary Publicin andfor and for the Stateof Texas .

aie Pe "4g. ‘Deborah Brown IG ighy Commission Expires ee March 20, 2004 AFTER RECORDING RETURN TO: Riddle & Williams, P.C, 3811 Turtle Creek Blvd., Suite 1050 Dallas, Texas 75219 FARWBWAGWPUD RES\VILLAGEWYLIE!

DECLARATION - PAGE 31 EXHIBIT "A" Property Subject to Declaration BEING all of a colled ‘16.6883 acre tract. of iond situated in: the E.C. DAMDSON ‘SURVEY, ABSTRACT NO, 268 and described in deed to David Litowitz as recorded in ‘County Clerk File Number: 93-0100356 of the Deed Records of Collin County, Texes (D.R.C.C.T.), ond being more particularly described by metes ond bounds: as follows: BEGINNING at a 5/8” iron rod found for the southeast corner of a called 16.5445 cre tract conveyed to Lonell Gunter os recorded in a deed retorded.in County Clerk . File Number’ 95-0020172, D.R.C.C.T., said point also being focated in the: North fine ‘of a 100” railroad right-of-way conveyed to the Dallas Area Ropid Transit Property ‘Acquiattion Corporation ((D.A.R.T.) in a deed recorded’ in Volume 3424, Page 126, THENCE ‘North 02°15'20" East, a distence Of 965.64 feet:(North 03°22'52” Eost, a distance of 960.58 feet, Deed) along the east line of said. Gunter tract, to a 5/8” . ron rod with Corter & Burgess cop found for the Northeast comer of sold Gunter

65.64 feet:(North 03°22'52” Eost, a distance of 960.58 feet, Deed) along the east line of said. Gunter tract, to a 5/8” . ron rod with Corter & Burgess cop found for the Northeast comer of sold Gunter ‘tract end the Northwest comer of sald Litewitz tract; , _ , THENCE South 89°S6’03” East, Q distoncé of 769.35 feet (South 89°47'03” East, a ‘distance of 768.90 feet, Deed) to a concrete monument set for the Northeast comer of sald Litowitz tract, said iron rod also being a point within the most - westerly West line of Section One, Rustic Ooks Addition, Phose 4, as recorded no.

_ Cabinet G, Page 93, P:R.C.C.T.,; from which point a found.1/2 inch iron rod beors North 13°59°53" Est, 0.17 foot oo 7 THENCE South 01'29'40" West (South 03°2252" West, Deed), along the most westerly West line of sald Section One, Rustic Oaks Addition, Phase 4, passing the most called 31.9608 acre tract conveyed ‘to C.6. Verkin, Jr.-as recorded in a deed recorded in County Clerk File Number 92—0082770, D.R.C.C.T., a total distance of 927.02 feet (933.11 feet, Deed) to a 1/2" iron rod found for the Southwest corer of sold Verkin tract, said iron rod also being located in the North line of sald - ° D.A.R.T. right—of—way; ..

THENCE South 8716'24” West, @ distonce of 784.07 feet (South “8810'38" West, a distance of 770-89 feet, Deed) atong the North line of said D.A.R.T. right-of-way. to ‘the POINT OF BEGINNING end containing 733,621 square feet or 16.84 acres of. land, 4