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Unofficial Copy Unofficial Copy Unofficial Copy cia Copy Unofficial Copy AM TRADITIONS Brazos County, Texas Unaff Unofficial Copy Unofficial Copy Unofficial Copy DECLARATION OF CONDOMINIUM FOR THE VILLAGES AT TRADITIONS CONDOMINIUM Unofficial Copy Copy Unofficial Copy Unofficial Copy Scial Copy Unofficial Copy Unofficial Copy Doc 01300343 OR 14082 Bk Vol 219 ون Unofficial Copy Unofficial Copy Unoff Scial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff Scial Copy Unofficial Copy Unoff ARTICLE I DEFINITIONS ARTICLE II UNITS.

ARTICLE Unofficial Copy Unofficial Copy Unofficial Copy TABLE OF CONTENTS LIMITED COMMON ELEMENTS IV ALLOCATED INTERESTS & EXPENSES.

Unofficial Copy Unofficial Copy Unofficial Copy ARTICLE VI CLUB MEMBERSHIP.

ARTICLE VII COMMUNITY CONTROL P GRAM ARTICLE VIII PROPERTY RIGHTS.

ARTICLE IX MAINTENANCE RAM ARTICLE X INSURANCE AND CASUALTY LOSSES.

ARTICLE XI TAXES AND UTRITIES ARTICLE XII CONVAAa Ce ATION ARTICLE XIII ADMINISTRATION.

ARTICLE FOR COMMON EXPENSES.

ARTICLE COPSSESSMENTS Unofficial Copy Unofficial Copy Unofficial COTIES ART CONDOMINIUM ASSOCIATION'S LIEN FOR E XVI USE RESTRICTIONS.

ARTICLE XVII RULE MAKING ARTICLE XVIII AMENDMENT.

Doc 01300343 Bk Vol OR 14082 Fg 220 1 .5 .7 8 Unofficial Copy Unofficial Copy Unoffi Unofficial Copy Unofficial Copy Unofficial Copy ARTICLE XIX LIMITATION OF LIABILI ARTICLE XX MEDIATION AND ARBORATION.

ARTICLE XXI GENERAL PROVISIONS 11 11 11 14 16 19 19 22 .22 SESSMENTS.

.26 Unofficial Copy Unofficial Copy Unoff .30 31 31 32 34 cial Copy Unofficial Copy Unofficial Copy X cial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unoff ° i . °O ge ° > & ge 3 WIRNESSETH: se | oO e && DECLARATION OF CONDOMINIE® s FOR awe s

official Copy Unofficial Copy cial Copy Unofficial Copy Unoff ° i . °O ge ° > & ge 3 WIRNESSETH: se | oO e && DECLARATION OF CONDOMINIE® s FOR awe s THE VILLAGES AT TRADITIONS CONDOMINIUM \ RY A & my R S DECLARATION OF CONDOMINIUM IER THE VILLAGES AT TRADITIONS VW ons Acquisition Partnership, L.P., a Texas limi artnership and TAP Construction, LLC, a Texa : difited liability company, each in its capacity as the@Yeclarant of this Declaration. s OG County, Texas, as more particularly dStribed in Exhibit "A" (“Initial Property”), and@eclarant desires to subject the Initial Property to th visions of this Declaration and to provide a nS e and reasonable method for the administration andYhaintenance of the Initial Property; and WHEREAS, as hereinafter provided in this Declaration, Declarant has retained and reserved the right to submit additional real aproneety ("Additional Property") to the provisions of this Declaration, at a later time and from time ree te on such terms and conditions as Declarant may pecify.

OG NOW, THEREBORE, Declarant hereby declares that the Initi SProperty and any Additional Property made subje this Declaration, together with all cxemming and appurtenances thereto, & and any Improvemegs or Units constructed or to be constructed thereg® (collectively, the "Property") shall ° be, except as othedWise provided in this Declaration, submitted to thdSondominium form of ownership and s use pursuant toChapter 82 of the Texas Property Code (as it existaon the date hereof and as it may hereafter A

hedWise provided in this Declaration, submitted to thdSondominium form of ownership and s use pursuant toChapter 82 of the Texas Property Code (as it existaon the date hereof and as it may hereafter A be rena oes or amended from time to time) (Sort and shall be held, transferred, sold, x conveyed, ased, occupied and used subject to the followiqp’easements, restrictions, covenants, charges, VJ liens an conditions which are for the purpose of protecting the value and desirability of and which shall oF d concern and run with title to the Property, which shall be binding on all parties having , title or interest in the Property or any poxttén thereof, and their respective heirs, succe 5 successors-in-title and assigns, and shall inure to tht benefit of each Owner thereof and where speciffeally provided herein, shall benefit such other parties@Mproperties as Declarant shall now or hereafter ine.

Without limiting the foregoing, no property en, personal or mixed, not located within or upon die roperty shall for any purposes be deemed part. the Condominium or be subject to the jurisd}etion of the Condominium Association, the operat; d effect of the Condominium Act, or any yor regulations promulgated pursuant thereto, unless@Xpressly provided. The name by which this congdminium is to be identified is THE VILLAGES ATSRADITION S CONDOMINIUM. Ss ARTICLE I DEFINITIONS S \ 2 1.01 Definition When used in this Declaration, unless the cont all prohibit or otherwise | require, the following wand shall have all the following meanings and all itions shall be applicable to | the singular and pluray tins of such terms: .O .

¢ "Additional Property" shall mean and ref to the real property described in s

have all the following meanings and all itions shall be applicable to | the singular and pluray tins of such terms: .O .

¢ "Additional Property" shall mean and ref to the real property described in s amen hereto recorded in the Public Records razos County, Texas. Declarant may 3S .

excise development rights over the Additional Prophity as more fully described in Section 5.02. OF 2 $s ch of Cond NAL § : Declaration ondominium_Ft 3S ‘\ Doc Bk Y . 1 Ff oO oO (b) Assessment” shall mean and refer to an OwneX$'share of the Common Expenses or other es made by the Declarant from time to time ag d against an Owner and a Unit in Ss accordagce with Article XIV of this Declaration for the purpe es and in the manner herein provided. s x Ro. Rk © (c) "Association" or “Condominium jation” shall mean and refer to THE . LAGES AT TRADITIONS CONDOMINI ASSOCIATION, INC., a Texas nonprofit . > seeorpacanion, its successors and assigns. ee es o ) & S (d) "Board" or "Board of Diresddys" means the board of directors and the membadyof \ the board of directors, from time to timgsef the Condominium Association. 3 . NG (e) "Building" ceca 'y, the buildings located on the Initial Propertysgrwhich the ce Units are located, whether suc ding contains only one (1) Unit or multiple wpot oO ° Ss (f) "Bylaws" wpan the Bylaws of the Condominium Associatiggg As amended from time to time.

(g) "Certificate _of Formation" shall mean the Certificate of Formation of the !

Condominium Association field with the Secretary of State of Texas, ag amended from time to time. co Se D> N (h) . iu " means the private club known as Traditiofs Club, having an address of

n of the !

Condominium Association field with the Secretary of State of Texas, ag amended from time to time. co Se D> N (h) . iu " means the private club known as Traditiofs Club, having an address of 3131 Club De, Bryan, Texas 77807. & & S x Ss Gy "Club Plan" shall mean and refer to the platf or plans for membership in the Club Sind the Limited Common Elements. & eS © & 2 Ss (k) "Common Expenses" shaNhean and refer to all expenditures lawfully magp or \ incurred by the Condominium Associatidn on behalf of the Units, together with all funds lawfully SX assessed for the creation or maintepay of reserves, if any, pursuant to the provisigg® of this ~ Declaration. XN : & (1) "Common Sj&lus" means the excess of all receipts or Venues of the s Condominium Associationg@lected on behalf of the Condominium, includi Sut not limited to, Assessments over the Common Expenses.

(m) "Community Control Program" shall mean any electronic surveillance and/or monitoring system mes to control access, provide alarm service, and/er enhance the welfare of the Property. THR OVISION OF A COMMUNITY NORE CONS SYSTEM (INCLUDING AW TYPE OF GATEHOUSE) SHALL IN NO ER CONSTITUTE A | WARRANTY ;@R REPRESENTATION AS TO THE PR( ION OF OR LEVEL OF SECURITY THIN THE PROPERTY. DECL T, THE CONDOMINIUM x ASSICTERON AND THE MANAGING AGENT DO ON GUARANTEE OR WARRANT, © EXPRESSLY OR BY IMPLICATION, THE MERCHAN M BILITY OF FITNESS FOR USE OF Ss ANYSOMMUNITY CONTROL PROGRAM SYSTER& OR THAT ANY SUCH SYSTEM (OR \ F ITS COMPONENTS OR RELATED sa WILL PREVENT INTRUSIONS, Se ey OO Oo es & ws

MUNITY CONTROL PROGRAM SYSTER& OR THAT ANY SUCH SYSTEM (OR \ F ITS COMPONENTS OR RELATED sa WILL PREVENT INTRUSIONS, Se ey OO Oo es & ws 2 : Dectaratio’ inium_FINAL 2 cl in of Condominium _ s S 2 Ss eX x ~& & ee wna 8 as ey oO Ss RY & oO ge < oe Doc Bk Vol i SX Se > N EACH ANS EVERY OWNER AND THE OCCUPANT ACH UNIT ACKNOWLEDGES THAT DECLARANT, THE CONDOMINIUM ASSQCYATION, AND THE MANAGING AGENJ* THEIR EMPLOYEES, AGENTS, MANAGERS) DIRECTORS, AND OFFICERS, ARE Ne SURERS OF OWNERS OR UNITS, OR PERSONAL PROPERTY LOCATED IN UNITS. DECLARANT, THE COXM$OMINIUM ASSOCIATION AND THE NAGING AGENT WILL NOT BE RESP BLE OR LIABLE FOR LOSSES, ROME OR DEATHS RESULTING FROM ANY S EVENTS. ° S s (n) "Condominium" shalky mean THE VILLAGES AT TRADWIONS CONDOMINIUM, as created by thig k laration. 3 x © RY Se N oe . N (0) "Condominium OReumeats" shall mean this Declaration, and Certificate of Formation and Bylaws of they ondominium Association, all as or now or hgBafter amended, modified or supplemented s* s (p) "Condominium Act” shall mean the Uniform Condominium Act (Chapter 82 of the Texas Property Code) as it exists on the date hereof and as it may be hereafter renumbered.

RY "Di t" shall mean and refer to Traditions Acqui Mon Partnership, L.P., a Texas limited p ship and TAP Construction, LLC, a Texas limited liability company, and the successors and igns of either such entity. Lo ae "Declaration" shall mean and refer to this, heaton of Condominium for The Villages at Traditions Condominium, and all amendments atd supplements thereof filed for record in the blic Records of Brazos County, Texas. & .

l mean and refer to this, heaton of Condominium for The Villages at Traditions Condominium, and all amendments atd supplements thereof filed for record in the blic Records of Brazos County, Texas. & .

> (s) "General Common Elements" shagbynean those Common Elements which are not <4 imited Common Elements. General rn amendment to this Declaration recorded in t blic Records of Brazos County, Texas.

& (0) "Improvement" shall mgan all improvements erected or to be erectedyon the Property and all other property, real onal or mixed, now or hereafter situated on on the Property, but excluding all publieér private (e.g. cable television and/or other iving or transmitting lines, antennae or @flipment, including, without limitation, all wits cables and equipment comprising those efStems) utility installations therein or thereon.

o S (u) "Limited Pinmon Elements" mean those portions of the Common Elements the use of which is reserved for the exclusive use of a certain Unit or certain Units to the exclusion of other Units, as specified in this Declaration, and/or shown on the Plan attached hereto as Exhibit “C” and incorporated herein by this reference. References herein to Common Elements also shall include all Limited punian Elements unless the context shall otherwa equire.

~ (vy) . Managing Agent" shall have the meaning co forth in Article [IX of this Declaration.

y) "Mortgage" shall mean and refer to a thertgage, security deed, deed of trust, inglalpnené land sales contract, or other similar security j@gtrument granting, creating, or conveying a #@ Upon, a security interest in, or a security title teo nit.

~ WO . ai 9 : Declaration of Condominium_FINAL 3 se s # SN Se lements may be added to the Property by ARS S \ > oe Doc Bk Vol fa

ity interest in, or a security title teo nit.

~ WO . ai 9 : Declaration of Condominium_FINAL 3 se s # SN Se lements may be added to the Property by ARS S \ > oe Doc Bk Vol fa CO !

. > a .O & | 9 "Mortgagee" shall mean and refer to the holde QF a Mortgage on a Unit.

4, Y % we Oy "Occupant" shall mean and refer to any Pen, including, without limitation, any S Own any guest, invitee, lessee, tenant, or family mes r of an Owner, occupying or otherwise 3 usihe ‘a Unit, in accordance with this Declaration. Vv eC ee (z) “Qwner" or "Unit Owner” or § Yer of a Unit" shall mean and refer to one Re S interest merely as security for the performange of an obligation. »S \ Se (aa) "Person" shall mean aiitrefer to a natural person, corporation, partners Sh ited . > liability company, association, trushor other legal entity, or any combination thereofy, WO iO ws GC © s (bb) "Plan" shall ean the attached survey of the land and plot locating, the s Improvements thereon and ifentifying each Unit, the General Common Ele s and the Limited.

Common Elements, and their relative locations and approximate dimension§, attached hereto as Exhibit “C”. The locations, dimensions, descriptions, identification, and numbering of the respective Units shall be as described in Exhibit “C” and any subsequent amendments thereto.

A (cc) "P hall mean any plat of any portion of the Pro: a which is recorded in the Public Records o os County, Texas, as the same may be sae from time to time.

oO o .

(dd)§¥'"Product Type” means a family of Units as deg by the Declarant. At the outset x of this D tion, there are three contemplated ProductJ es: (i) the Brownstones, (ii) the 2

om time to time.

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(dd)§¥'"Product Type” means a family of Units as deg by the Declarant. At the outset x of this D tion, there are three contemplated ProductJ es: (i) the Brownstones, (ii) the 2 Courtyards and (iii) the Terraces.

4 3s S R ey (ec) “Property” means all of the Initial Pragerty and the land, Units, Common Elements, SX Elements, Improvements, and other property Igedted on any Additional Property made subject ge o °o © this Declaration. Ss Ss RY (ff) "Repair or Reconstructign" as used in Article X, means repairing or restaging the S& damaged property to substantially these condition in which it existed prior to the fighdr other & (gg) "Structure" gis all foundations, footings, columns, flat wes, sheer walls, s girders, support beams, Pt ension cables or rods, and including any an other structural components that support, uphold, or are a part of the Building or other Improvements.

(hh) "Systems" shall mean all fixtures, utilities, equipment, pipes, lines, wires, computer cables, condyits, circuits, junction boxes, hangers, pull boxes, terminal points, electronic devices, air compresgpts, air handlers, chillers and other systems usege e production, heating, cooling and/or tr: ission of air, water, gas, electricity, communjé ons, waste water, sewage, | audio and vid signals and other utility services, including & main switch gear conduits, | plumbing chies and mechanical shafts on the Property. S x °o Taking” means the taking or threat of takiny of all or a portion of the Property for S any ic, or quasi-public, use by eminent domain prggyedings or otherwise, by a governmental \

°o Taking” means the taking or threat of takiny of all or a portion of the Property for S any ic, or quasi-public, use by eminent domain prggyedings or otherwise, by a governmental \ a ity or by an action in the nature of eminent dows (whether permanent or temporary) of the SX . ie or other transfer of the Property in lieu thereohS ~ Oo Oo Oe ¥ & s 2g Declaration of Condominium_FINAL s Reh \ 8 ay gs CS CS ey & SS o Oo ne WO Gi) & "Turnover" or "Turnover Date" shall mean ate of the following to occur: (i) the date fs one hundred twenty (120) days after seventyfive percent (75%) of the maximum number of Units that may be created under this ky ta ave been conveyed to Owners other than Retlarant; or (ii) the surrender by Declarant of thority to appoint and remove directors ag@otficers of the Association by an express amend it to this Declaration executed and recorded @ RS Declarant.

EC © Oo x © (kk) "Unit" shall mean a physic part of the Condominium that is designated S separate ownership or occupancy, which $ contained within the perimeter walls, floor, codihg, \ windows, and doors of a Unit depicted g& the Plans, and includes (a) the finish materials, &xtures, and appliances contained in the UpiQYb) all Systems which exclusively serve suit, but excludes (i) Systems which serve Spore than one Unit, and (ii) any portion of the S , all as subject to and further descrikedin Section 82.052 of the Act, and (c) any balvony or patio appurtenant to a Unit. The rege Unit is intended to have the same meaning as Axe term “Unit” as used in the Condominium ff Ss ARTICLE I UNITS 2.01 Division of 3S . The Property is hereby divided into fee Stnple estates composed of

e Unit is intended to have the same meaning as Axe term “Unit” as used in the Condominium ff Ss ARTICLE I UNITS 2.01 Division of 3S . The Property is hereby divided into fee Stnple estates composed of separately designated Units‘wnd each Unit’s undivided interest in and to the CSeimon Elements. Each Unit, together with its undiyigéu interest in the Common Elements, is for all, ses a separate parcel of and estate in real prope: The separate parcels of and estates in real p&§perty designated hereby shall be created on the da filing of this Declaration in the Gosdiginiysa isos and shall! continue until this Declaration is revwked or terminated in the manner provided in thiSeclaration.

\ 2.99 Identification of Units. The minimum initigd imber of Units in the Condominium shall be sevensen (17) and the maximum number of Units shall b&two hundred (200). The identification number , > for egeUnit is shown on the Plans or Plat, or both, depigied in Exhibit *C”. we »S 2.03 Common Elements Appurtenant. Thre shall pass with each Unit as appurtenances thesfto: (a) an undivided share in the Common Elements and Common Surplus; (b) the right to use such pagtion of x the Common Elements as may be provided in a Declaration; (c) an exclusive easement for th of the N Loe ge airspace occupied by the Unit as it exists at Saty particular time and as the Unit may lawfully be altered or reconstructed from time to time; (d) mexPership in the Condominium Association witl ‘te full voting rights appurtenant thereto; and (e) RRSP REARS as may be provided by this ae 10n.

2.04 Unit Boundaries. he boundaries of all Units are located as slo this Plans and Plat.

The boundaries of Units included in the Product Type known as the Terraces and the Brownstones shall be

ae 10n.

2.04 Unit Boundaries. he boundaries of all Units are located as slo this Plans and Plat.

The boundaries of Units included in the Product Type known as the Terraces and the Brownstones shall be the interior wails, floors, and ceilings of such Unit and the air space so encompassed, excepting the Common Elements. The boundaries of Units included in the Product Type known as the Courtyards shal{ be the exterior surfaces of the perim®ter walls, floors, roof, windows and doors, Units shall include the portions of the Unit so d ed and the air space so encompassed, excegijng the Common Elements.

Included within the bo ies of each Courtyards Unit, without limitatiaggshall be all foundations, roofs, shingles, covered e eatures, porches, balconies, utility rooms, m ical rooms, shutters, dormers, systems, other syytems, fixtures, equipment (including air han and fan coil units) or appliances servicing only that Unit (whether or not within the boundaries o&that Unit), including, without fimitation, all water lingRlying between the water meter and the Unit. IngfRor and exterior trim-around windows and doors and fréulated materials affixed to the interior and exteqst surface of exterior walls of each Courtyards Ss 3 co Unit shaf?be part of such Unit and shall not be Common ERments. Visible and exposed plumbing fixtures, oe 28 Declaration of Candominium_FINAL s Ree 5 3s < s Q Q Ce RS Oe ops wens .O oO 9° » oO & ; Ss & Se ox N ne Doc Vol Fg ~ ~ 2D .O WO lines, downspouts, ers and pipes shall be part of the Unit in whigfsthey are located and shall not be Common Element Ss 2,

; Ss & Se ox N ne Doc Vol Fg ~ ~ 2D .O WO lines, downspouts, ers and pipes shall be part of the Unit in whigfsthey are located and shall not be Common Element Ss 2, It is ssly agreed, and each and every purchaser of. Vnit, his heirs, executors, administrators, assigns, suchtssors and grantees hereby agree, that the squat footage, size and dimensions of each Unit and any Pimited Common Elements appurtenant thereto, @ set out and shown on the Plans and Plat, are appr ate and are shown for descriptive purposes o d that the Declarant does not warrant, repres or antee that any Unit or any Limited Common Kiment actually contains the area, square footagg@r ensions shown on the Plans and Plat. Each pus@faser and Owner of a Unit or interest therein hadhad full opportunity (or will have had prior to closigg on the purchase thereof) and is under a duty ta\nspect Q ‘and examine the Unit and any mppertenar pied Common Element purchased by him to his purchase thereof and agrees that the Unit,4ogether with any Limited Common Element, is hased as actually and physically existing. Each iythaser of a Unit hereby expressly waives any or demand which he may have against the Decl or any other person whomsoever, on account $f any difference, shortage or discrepancy between nit and any appurtenant Limited Common Elegfent as actually and physically existing and as they are Shown on the Plans and Plat. It is specifically agre&d that in interpreting deeds, mortgages, deeds of trust and other instruments for any purpose whatsoever or in connection with any matter, the existing physical boundaries of the Unit or of any Unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be koundaries, regardless of

tter, the existing physical boundaries of the Unit or of any Unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be koundaries, regardless of settling, rising or lateral moxeent of the Building and regardless of variangg@ etween the boundaries shown on the Plans and PY VY 2 e 2.05 Insepsbility of Units: No Partition. Each Unit shall b@nseparable and shall be acquired, owned, conveye $@hsferred, leased, and encumbered only in its eeirety. In no event shall a Unit be subject to shy cieDrrtition and no Owner shall bring or be entitleto maintain an action for the partition or division of g&Jnit or the Common Elements. Any purported casyeyance, judicial sale, or other voluntary or involun sfer of an undivided interest in the Commo® lements without the Unit to which such Common ments are allocated is void ab initio.

O Ww & 2.06 Permissible Relationships: Descriptiog&® & < s .

(a) Ownership of Units. A vm may be acquired and held by more than one Person 3 in any form of ownership EE t Se ~ (b) Description of Ua Any contract or other instrument relating to {iP acquisition, ownership, conveyance, transf¢Mease, or encumbrance of a Unit shall legally dgtribe such Unit as follows: “Unit No. e Villages at Traditions Condominium, locat, Brazos County, Texas” with further referende to the recording data for this Declaration (in@Wding the Plans and Plats and any amendments to the Declaration in the Condominium Records). Every such description shall be good and sufficient for all purposes to acquire, own, convey, transfer, lease, encumber, or otherwise deal with such Unit, and any such description shal] be construed to include all incidents of ownerstp relating to a Unit. g ° 9°

rposes to acquire, own, convey, transfer, lease, encumber, or otherwise deal with such Unit, and any such description shal] be construed to include all incidents of ownerstp relating to a Unit. g ° 9° 2.07 Mortga Unit. An Owner shall be entitled from time tagime to mortgage or encumber its Unit by creating a lig or liens covering such Unit under the provisi f a mortgage or deed of trust, but any lien createdd@kereby shall be subject to the terms and proyifons of this Declaration and any Mortgagee or othexNenholder which acquires a Unit through judicighforeclosure, public sale or any other means shall be subject to the terms and provisions of this Declaration. An Owner that mortgages its Unit shall notify ssociation, giving the name and address of saiQOwner’s Mortgagee and the Association shall main(4 such information.

2 & co > N %, © ce ~ 25y9eeciaration of Condominium_FINAL s i oe we 3S C Y © .O Lo 2.08 Apeifires and Attachments. Where there are aperture Say boundary, including, but not limited to, windows doors, bay windows and skylights, such boundé@ries shall be extended to include the windows, doors and other fixtures located in such apertures, includiNg all frameworks, window casings and weather stri Se thereof, together with exterior surfaces m: f glass or other transparent materials.

When th eee covered entry, porch, balcony, utility room, anical room, or other similar area attached \ Doc Bk Vol to a Uniind serving only the Unit being bounded, and area is not designated in Exhibit “C”, asa, > > Limige’Common Element or General Common Elemeg$uch Unit’s boundary shail be in the intersecti

> Limige’Common Element or General Common Elemeg$uch Unit’s boundary shail be in the intersecti AD5r(s) and the undecorated finished interior of alKSich areas.

| x 2.09 Garages. Any garage area or pking space located within the exterior walls of thgBbilding | VJ shall be considered an inseparable part ofyhe Unit to which the garage area or interior Ig space is ‘ ve assigned at the time the Unit is purchasegs*T he garage area or interior parking space canny transferred, & conveyed, or assigned by Owner to a gitd-party separate and apart from the Unit as a a e.

‘y ‘y Ss S 2.10 Exceptions. In Aree not specifically covered above, and/or in aby case of conflict or ambiguity, the survey of the Units set forth as Exhibit “C” shall control in determining the boundaries of a Unit, except that the provisions of Section 2.03 and Section 2.04 above shall control unless specifically depicted and labeled otherwise zon such survey.

3 9° OG : x GO ARTICLE III . oe LIMITED COMMON ELEMENTS oP 3.01 Light S Common Elements. The Limited Commo Sements the use of which shall be limited to those ers to whom such use is assigned by means is Declaration, amendments thereto, assignments gecuted by Declarant, the Condominium Association, or the Managing Agent, including, without li Sin: any outdoor kitchen or fenced yard (inclu or the fence) appurtenant to a Unit, all other areas, ity, designated as Limited Common Elements xhibit “C”, and any other portion of the Commoy Elements which, by its nature, cannot serv: nits but serves one Unit shall be deemed a | Li Common Element of the Unit served. The Lin§ted Common Elements associated with a Unit s

n of the Commoy Elements which, by its nature, cannot serv: nits but serves one Unit shall be deemed a | Li Common Element of the Unit served. The Lin§ted Common Elements associated with a Unit s any portion of the Common Elements constitutes“a Limited Common Element or in the event of any Squestion as to which Units are served thereby SYecision shall be made by a majority vote of the@oard of oy Directors of the Condominium Aaeolatingal shall be binding and conclusive when so . To the > extent of any area deemed a Limited C on Element hereunder, the Owner of the Unjgto which the & Limited Common Element is appurtegett shall have the right, upon approval of the AgeStiation to alter Oo same as if the Limited Common Elep@nt were part of the Owner's Unit. s 3.02 Expense Allocation. Any common expense borne by the Association as a result of the Owner’s failure to maintain, repair or replace a Limited Common Element, other than yard maintenance and general landscaping, shall be assessed against the Unit to which the Limited Common Element is Se x 3.03 Any parking spaces located on the outside of the exterior pais of the Building shall be a Limited Common Elggent of the Unit to which it is assigned. O° oO | s ARTICLE IV S 4 ALLOCATED INTERESTS & k ENSES R R 4.0P Percentage of Ownership of Common ents_and Surplus. The ownership and undividgshares of each respective Unit in the Common. ments, if any, and the Common Surplus shall @ ‘ ji CO we O & OS oe 9° VY Ss RY & OD & ge ° Ss oO ge Night to alter the foregoing plan of develop with respect to the Initial Property and/or peeionl ° s «!

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f any, and the Common Surplus shall @ ‘ ji CO we O & OS oe 9° VY Ss RY & OD & ge ° Ss oO ge Night to alter the foregoing plan of develop with respect to the Initial Property and/or peeionl ° s «!

eS o be equal and based upg: a fraction, the numerator shall be one, and the defminator shall equal the number of Units to which {hfS Declaration applies at that time (“Allocated Ingetis". Effective on the date of first filing this Decigration, the number of Units to which this Declaration applies shall be seventeen (17); provided, nee additional Units are constructed on the Propergghincluding any Additional Property that is added e Property, the number of Units to which ¢R Declaration applies shall be increased Dor Bk Vol O ce : . » accordingly. eo 2 & 4.02 Liability for Common Expenses. BagSB woe shall be liable for a share of the Comma Expenses, such share being the same as the undividgy'share of the Common Elements, if any, attribuysple Xo the Unit owned by such Owner and the Comet Surplus appurtenant to such Unit. 4 4.03 Voting Rights; Membershi (the Condominium Association. Each Unit shalkbe entitled to one vote to be cast by its Owner in acgoflance with the provisions of the Bylaws of the SSndominium Association. Each Unit Owner shall bg@inember of the Condominium Association. Xe + 4.04 Restraint Upon Sepwation and Partition of Common Elements. The a ivided share in the Common Elements and Common Surplus that is appurtenant to a Unit shall not be separated therefrom and shall pass with the title to the Unit, whether or not separately described. The appurtenant share in the Common Elements and Comman Surplus, except as elsewhere herein provided tg the contrary, cannot be

ll pass with the title to the Unit, whether or not separately described. The appurtenant share in the Common Elements and Comman Surplus, except as elsewhere herein provided tg the contrary, cannot be conveyed or encumbered ex together with the Unit. The respective shares @hthe Common Elements appurtenant to Units shal main undivided, and no action for partition of the@ommon Elements, or any part thereof, shall lie, exept as provided herein with respect to termination ®Y the Condominium.

ge & ARTICLE V Ss DEVELOPMENT 3 S sus Plan of Development of Property. Declan tees to construct on the Initial Property describegyn xhibit “A” one hundred two (102) Units over Multiple phases, including forty (40) Units in a pro known as the Brownstones, twenty-two (22).|gpits in a product known as the Courtyards, and 3 A x © s Ee forty§0) Units in a product known as the Terraces. Inthe event that Declarant subjects any portion of the Aeftional Property to the terms of this Decl, n by amendment, Declarant intends to con: t additional buildings containing fourteen (14) Units.“Notwithstanding the foregoing, Declarant reserves the Property, including, but not limited to change the number of Units assigned to each ProdyP ‘ype, or creating a new Product Type altogether. ee . eS 2, ° Co 5.02 Plan of Developme: ¥ the Additional Property. Declarant hereby ragérves the right to submit, from time to time, and a or whole, the Additional Property described Exhibit “B” to the Property. Declarant intends to construct additional condominium Units on the Additional Property. Such option may be exercised in Declarant’s sole discretion in accordance with the following rights, conditions, and limitations, which are the only conditions and limitations on such option.

3S \

ty. Such option may be exercised in Declarant’s sole discretion in accordance with the following rights, conditions, and limitations, which are the only conditions and limitations on such option.

3S \ (a) T Stion may be exercised at any time during a pe iGRof twenty (20) years from the date of this De aration; provided, however, that Declarant resaqves the right to terminate such option at an e prior to the expiration of such twenty (20) period by executing and filing an amend to the Declaration evidencing such terminatigf’in the Public Records of Brazos County, Bas, and except for such termination by Declarags@io other circumstances will terminate such gation prior to the expiration of such twenty (20) year period. An amendment pursuant to this Seopa @h 5.02 shall not require the consent of any Pers: er than Declarant except the Owner of suGh property, if other than Declarant.

PS & & 9 Oo ‘0: Declaration of Condominium_FINAL 8 Ae s & respects expire and be of no \ ; R e C O Wo (b) & Declarant may exercise its development right with respect to the Additional fixing the boundaries of the parts of the Additional Property that may be developed or regulating the r in which they may be developed. If any dev: A iment right is exercised in any portion of a dditional Property, there shall be no requirerfent that Declarant exercise the development RY Doc Bk Vol Fs ce t with regard to the remainder of the Addition® Property. Ro & (c) If the Additional Property orgay portion thereof is added to the Property, Declar@nt Ss reserves the right to designate the boundaNas of the Units, as well as the Common ElementsQo be

operty. Ro & (c) If the Additional Property orgay portion thereof is added to the Property, Declar@nt Ss reserves the right to designate the boundaNas of the Units, as well as the Common ElementsQo be co x (d) Should the optioyNo add the Additional Property, or any portion thé eof, not be — force and effect. In the event that such option expires or is terminated, Declarant sh tt be obligated to impose on the Additional PraPerty or any portion thereof any covenants, conditions, or restrictions the same as or similar to those contained herein and Declarant shall be free to develop the Additional Property as it deems fit.

(e) The option reserved under this Section 5.02 may be exgycised by Declarant only by the execution amendment to this Declaration which shal filed with in the Public Records of BrazegCounty, Texas, together with a Plat showing the~Additional Property or such portion or ports thereof as are being added to the Prope oF such amendment. Any such amendment $Oall expressly submit the Additional Property to fre provisions of this Declaration, and upo exercise, if any, of such option or options, the p®Visions of this Declaration shall then be constrtfed as embracing the Additional Property together with all Improvements located thereon.

If theSA dditional Property is added to the Prope sDeclarant reserves the right to impose c ants, conditions, and restrictions on the Unity Yommon Elements, other improvements, or ‘, Qher lands within the portion of the Additional, BRoperty that Declarant may, from time to time.

or ‘, Qher lands within the portion of the Additional, BRoperty that Declarant may, from time to time.

RY overall increase in the Common Expensgs, and a resulting increase in the Assessments payable by 3 each Unit, Declarant shall not be aftted to obtain the joinder or consent of the C Rminium ‘ f ‘ oO ‘ & 5.03 Rights of Declarant. @eclarant shall have the right, but not ae to (i) make improvements and changes to an Shits owned by Declarant (ii) make changes igathe location of the boundaries of any Units; (iii) insta®and maintain any Improvements in and to the mon Elements; and (iv) install and provide for the maintenance of any water, sewer, drainage, irrigation or other utility systems and facilities. Prior to Turnover, Declarant shall have the right to add General Common Elements to the Property. Prior to Turnover, Declarant reserves the right to impose covenants, cqnditions, and restrictions on the Units, Common Fee , and other Improvements, that Declarant maton time to time own or develop within the Proper&Shown and described on a Plat, which covenan&;conditions, and restrictions shall be in addition to baht in abrogation or substitution of those impogg y this Declaration.

5.04 S$ = Rights of Declarant. The Declarant seg th following Special Declarant Rights for the pegiod beginning on the date hereof and ending up e earlier to occur of (a) twenty (20) years hereafienpr (b) in accordance with applicable law: S ° °

seg th following Special Declarant Rights for the pegiod beginning on the date hereof and ending up e earlier to occur of (a) twenty (20) years hereafienpr (b) in accordance with applicable law: S ° ° Os (a) the right to complete or make impacvements indicated on the Plans and Plat; « & & 2h Declaration of Condominium_FINAL Ss . Rie 9 Se Se Se N N N a 2 2 ‘ Cown, develop, and add to the Property, whic@venants, conditions, and restrictions shall be ee ce a co N Lo s A 3 Doc Bk Vol Fg 23) N Loe = SX a .

Wo () the right to maintain a sales and management Si¥ice in a Unit; x the right to maintain signs on the Condominium to advertise the Condominium; eluding easements for ingress and egress, ov 4 mai 65 and to permit others to use, easements, pile and across any and all of the Property > and/or Common Elements as may be reaso necessary for the purpose of discharging tye?

of residents of adjacent properties compris the Traditions development; (e) the right to establigustacate, relocate and use the easements as set on in this Declaration, provided, however, ea no modification of any Easement shall hav e effect of altering or destroying a Unit goa Limited Common Element unless: (A) the,Jgxation of such Easement is shown on the Plage and Plat, or (B) it is otherwise consented to byfWe Owner of such Unit or by the Owner to waite Unit such Limited Common Element is appysenant, as well as by the Mortgagee of any such Unit; and (f) the right to include, in any instrument initially conveying a Unit, such additional

Owner to waite Unit such Limited Common Element is appysenant, as well as by the Mortgagee of any such Unit; and (f) the right to include, in any instrument initially conveying a Unit, such additional reservations, exceptioug and exclusions as it may deem consistent with agd in the best interests of the Owners and the G&sociation; <o (g) _ eppoint or remove any officer or member offic Board of Directors of the Association Syior to Turnover, subject to applicable provisfis of the Texas Property Code, includin statutory requirement that one-third (1/3) of oard of Directors of the Association shall be appointed by Unit Owners other than the Declarant*within one hundred twenty (120) days after, percent (50%) of the maximum number @f Units that may be created under this RS > WO & s ce oO Se (h) make the Condominium a pargePa larger condominium or planned community, ©) (i) ) exercise any other SMopment rights permitted to be exercised tpeotaran under the Condominium Act. \ XN oe oe 5.05 Limitations on S Declarant Rights. Unless sooner a, by a recorded instrument signed by the Declaran of Special Declarant Right may be exercised bys Declarant for the period of time specified in the Act?

5.06 Development Rights Reserved. The Declarant reserves development rights (the “Development Rights”), specifjcally, the right to construct additional Units and.related improvements in multiple subsequent phases ge Property. As used herein, the term Develogg nt Rights means a right or combination of rights t&) ~ 2 se WO Ss oO create Units, Common Elements or Laied Common Elements within the s\ x subdivide Units or convert Units ine Common Elements; \ exercise any of the Develament Rights reserved in Section 5.06 herein; and co

te Units, Common Elements or Laied Common Elements within the s\ x subdivide Units or convert Units ine Common Elements; \ exercise any of the Develament Rights reserved in Section 5.06 herein; and co SS (a) & add real property to the Condominium; oO o inium; (c) Cond co OP WO so & s A Se 2a Declaration of Condominium_FINAL S S \ 8 g OF & Doc Bk Vol Fs 2 Pe) 7 (d) & withdraw any real property from the Condomin§@m; and x s S ss {) exercise any other development rights gems to be exercised by Declarant undeg Condominium Act. & Se © CS ~ Lo ARTICLE YP > Xe CLUB MEMBERSHIP eS Oo ° 3 Ss 6.01 Mandatory Club Membership. As condition of Unit ownership, each Owner shatibe s\equired to obtain and maintain a Club memberslyp, and, as provided in the Club Plan, such Owngr shall Se be subject to the same membership requirgrays, fees and dues structures and such other giles and . > regulations as are applicable to other Club as defined in and in accordance with the Cl an. The WO fees and dues charged under the Club PJafyare separate and apart from the Assessments dgsBribed in this ARTICLE Vil COMMUNITY CONTROL PROGRAM 7.01 Communi Nirol Program, Declarant shall have the right gh not the obligation, to install and/or contract for {ffe installation of a Community Control Program fapthe Property. Declarant or its nominees, successor: Bsigns, affiliates, and licensees may install such g@vommunity Control Program.

Declarant reserves th*right, at any time and in its sole discretio 4° discontinue or terminate any x

ominees, successor: Bsigns, affiliates, and licensees may install such g@vommunity Control Program.

Declarant reserves th*right, at any time and in its sole discretio 4° discontinue or terminate any x Community Con gram prior to Turnover. In addition, all Owng specifically acknowledge that the oO Property may havea perimeter Community Control Program, such'® fences, walls, hedges, or the like on s certain perimeg’s areas. Declarant and the Board shall not be hg liable for any loss or damage by reason RY or failure o> vide adequate Community Control Prose ineffectiveness of Community Control NS en no WO ‘ & 7.02 No Liability. NEITHER THE CONSMINIUM ASSOCIATION, THE ae INT, NOR DECLARANT SHALL IN WAY BE CONSIDERED INSURERS GUARANTORS OF THE HEALTH, SAFETY, WELFARE OR SECURITY OF ANY OWNER, SQ OCCUPANT OR USER OF ANY PORTIONS THE PROPERTY NOR SHALL ANY OF TRBM BE VY HELD LIABLE FOR ANY LOSS O GE BY REASON OF FAILURE TOCPROVIDE < NO REPRESENTATION OR WARRSQNTY IS MADE THAT ANY FIRE PROTEGQON SYSTEM, oe ALARM SYSTEM, COMMUNITY GONTROL SYSTEM OR OTHER SECURITY M CANNOT » BE COMPROMISED OR CIRC NTED, NOR THAT ANY SUCH SYST OR SECURITY MEASURES UNDERTAKEN WILL IN ALL CASES PREVENT LOSS, OR PROVIDE THE DETECTION OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR INTENDED. EACH OWNER ACKNOWLEDGES, UNDERSTANDS AND COVENANTS TO INFORM ITS LESSEES THAT THE ASSOCIATIONS, THEIR BOARD OF DIRECTORS COMMITTEES AND DECLARANT ARE NO@OINSURERS AND THAT EACH PERSON; QSING THE PROPERTY ASSUMES ALL RISK§‘FOR LOSS OR DAMAGE TO PERSONS,j¥O UNITS, AND TO THE CONTENTS OF UNS RESULTING FROM ACTS OF THIRD PARRES. ‘ o ° S 9° S ARTICLE VI = s 3s PROPERTY RIGHTS ‘ R

PERSON; QSING THE PROPERTY ASSUMES ALL RISK§‘FOR LOSS OR DAMAGE TO PERSONS,j¥O UNITS, AND TO THE CONTENTS OF UNS RESULTING FROM ACTS OF THIRD PARRES. ‘ o ° S 9° S ARTICLE VI = s 3s PROPERTY RIGHTS ‘ R 6 All Owners. Each Unit shall for all purpo: &Ponstitute real property which, subject to the Se provisip@s of this Declaration, may be conveyed, transfes and encumbered the same as any other real S eZ é . S ss = Ss & of entry shall be immediate. & RY 4 Doc Bk Vol Fg o> Oo property. Each Owe shall be entitled to the exclusive ownership e Unit owned by such Owner, x subject to the proyigtons of this Declaration. The ownership of each {Out shall include, and there shall pass & with each Unit as an appurtenance thereto, whether or not separately“described, all of the right and interest S in and to the Gommon Elements as established hereunder. Ung shall not be subdivided, and, except as 3 provided iK This Article VIII hereof, the boundaries betw&h? nits shall not be relocated, unless the co relocatig@thereof is made with the consent of Declarant. & Ro ©” 8.02 Owner's Easements of Enjo neat 9 to the provisions of this Declaration and nig 5 anv regulations for use of the Property from time t@time established by the Declarant, the Condomigytim ; s\Association and the Managing Agent, every Owner, his family, tenants, and guests shall havea non. > entitled to use for their intended purpose, suctf easement to be appurtenant to and to pass andytxi with title no to each Unit, subject to the following progysions: . RG

Common Elements Bich it is . > entitled to use for their intended purpose, suctf easement to be appurtenant to and to pass andytxi with title no to each Unit, subject to the following progysions: . RG (a) Basementgy@Sstrictions, reservations, conditions, limitation od declarations of record, now or hereafter existing. A description of, and the recording dMta for, all recorded easements and licenses appurtenant to the Condominium is included in Exhibit “D”.

(b) The right of the Declarant or the Condominium Associagon to borrow money for any purpose deemed gicessary by the Board and, to give as security fgQthe payment of any such loan a mortgage ay ether security instrument conveying all or any tion of the General Common by Declarant the Condominium Association shall be subject oP boninat to any and all rights, interest, ns, licenses, easements, and privileges herei rved or established for the benefit © of the Condominium Association, any Owner, or the holdeMéf any Mortgage, irrespective of when Ss such Nfertgage is executed or given.

h Porigag g S$ 4 OG gSOwner's rights hereunder or to impose fines in rdance with this Declaration, as amended fromO °o © time to time. Oo SY s SY ait, inium A (d) In case of any emergengy originating in, or threatening the Property or regardless of whether the Owner is @Rsent at the time of such emergency, the Cong Association, the Managing Agent, any other Person authorized by either, shall h ¢ right to enter a Unit for the purpose of renedying, or abating, the cause of such emergency@nd such right )

g Association, the Managing Agent, any other Person authorized by either, shall h ¢ right to enter a Unit for the purpose of renedying, or abating, the cause of such emergency@nd such right ) (e) The rightsind easements reserved to the Condominium Assdeation and Managing Agent herein.

(f) The ng of the Condominium Association to enter into any contribution and maintenance agreemggt , cost sharing agreements, easement agreemengQ d use agreements with third parties. Oo OG RY RY | (g) &The rights and easements reserved in this faration for the benefit of the x Managing Sent, the Condominium Association, their dire. officers, agents, and employees. oO \(h) The rights and easements reserved in Section 8.07 hereof for the benefit of the RY A nal Property. ce S&F ~ oe eS > x & 96: Dectaration of Condominium_FINAL s page % Doc Bk Vol x eo WO Oo , governmestal agency to enter any portion of the Property igforder to comply with any applicable s Penns 3 S S a Common Elements Generally. NOTWITHEE ENDING ANYTHING CONTAINED TO c THE TRARY HEREIN, THE DEFINITION OF “@MMON ELEMENTS" AS SET FORTH IN.

THIRSECLARATION IS FOR DESCRIPTIVE P ES ONLY AND SHALL IN NO WAY BIN?

ow LIGATE DECLARANT TO CONSTRUCT Q® SUPPLY ANY SUCH ITEM AS SET FORT CH DESCRIPTION. FURTHER, NO PAR'RS*‘SHALL BE ENTITLED TO RELY UPON H -\ DESCRIPTION AS A REPRESENTATIONSOR WARRANTY AS TO THE EXTENT & THE MMON ELEMENTS.

RS COMMO oS oS ‘ os 8.04 Rules Regarding Comgtén Elements. In addition, the following proyfstons shall be CO & applicable to the Common Elements. } &

garding Comgtén Elements. In addition, the following proyfstons shall be CO & applicable to the Common Elements. } & owned by the Unit Owners in undivided shares and shall be operated, maintained, and administered as Common Expenses for all purposes and uses reasonably intended, as the Condominium | Association or Managing Agent deem appropriate. The Condominigm Association and the Managing Agent sha operate and administer the Common Elemen(gQwithout interference from any Owner or M Agagee of a Unit or any other Person whatsoever. Gwners shall have no right in or to any Congefin Elements referred to in this Declaration ugi@8s and until same are actually constructed completed. The current conceptual plans and? representation, if any, regarding the com eRion of the Common Elements are not a guargtee of the final composition of the & Commo? lements. S 3 s | ce (b) Right to Allow Use. Declarant nae fe into easement agreements or other use c i SS q . §} possessory agreements whereby the Owners, ondominium Association and/or others may, gebiain the use, possession of, or other rights ding certain property, on an exclusive or nog, © exclusive basis, for certain specified purpogs. The Condominium Association may agree »S maintain and pay the taxes, insurance, agitinistration, upkeep, repair, and replacement oSfich property.

9° ° ° G (c) Obstruction of Coxfetion Elements. No portion of the Common Elegfenits may be N . RG obstructed, encumbered, or us 'y Owners for any purpose other than as pesiitted by the Xe Condominium Association, anaging Agent, and this Declaration. é )

other than as pesiitted by the Xe Condominium Association, anaging Agent, and this Declaration. é ) | reserves for itself and its affiliates, successors and assigns, the right to change and realign the boundaries of the designated Common Elements and any Units owned by Declarant, including the realignment of boundaries between adjacent Units owned by Declarant, and shall be evidenced by a revision of or an addition to the applicable Pla ich shall be recorded in the Public Records 0 ‘os County, Texas.

OG ~ © 8.06 Easemengs for Utilities. .

Easemeg for Utilities oO Qe There is hereby reserved for the benefit o Se Condominium Association, the alienableyfansferable, and perpetual right and easement, aQvwell as the power to grant and accept Ss easemgnts to and from any public authority or agency,ypublic service district, public or private \ utiligR or other Person, upon, over, under, and sro al of the Common Elements; and (ii) all x within easement areas shown on recorded gybflivision plats for the purpose of installing, VY | 2 Declaration of Condominium_FINAL s pails e ay ay CG OG CG \ Doc Bk Vol ° Ww ~ a drainage sues and electrical, gas, telephone, cable televiggh, water, sewer, advanced water trealmens d irrigation lines. Such easements may be ted or accepted by Declarant, its Ss successors or assigns. To the extent practicable, all utility Hnes and facilities serving the Property and ted therein shall be located underground. By§Virtue of any such easement, it shall be “\

s Ss successors or assigns. To the extent practicable, all utility Hnes and facilities serving the Property and ted therein shall be located underground. By§Virtue of any such easement, it shall be “\ exofessly permissible for the providing utility compeh} or other supplier or servicer, with respect Se gS Pumps, and other necessary equipment and Sa&#lities; (ii) to cut and remove trees, bushes, & S necessary to provide economical and safa}istallation, maintenance, repair, replacement, se RY of such utilities and systems. RY A \ (b) Easements are resefved under, through and over the Property as maybe required Lo from time to time for utility Prices and other services and drainage in ordgs’to serve the PS Association. A Unit Owner Shall do nothing within or outside his Unit thatSMerferes with or 2 impairs, or may interfere wih or impair, the provision of such utility servicer other service or drainage facilities or the ust of these easements. !

8.07 Easements for Additional Property. There is hereby reserved in Declarant, and its successors, assigns, and successors-in-title to the Additional Property, for the benefit of and as an appurtenance to the nee eee roperty and as a burden upon the Property, regal non-exclusive rights | and easements for (i) the fas lation, maintenance, repair, replacement, ag(ise within the Property and including, without isgtion, drainage systems, storm sewers, and eleafNal, gas, telephone, water, sewer,

including, without isgtion, drainage systems, storm sewers, and eleafNal, gas, telephone, water, sewer, and cable system Jifts; and (ii) drainage and discharge of surface ater onto and across the Property, s provided that sue drainage and discharge shall not materially wWimage or affect the Property or any Ss nn ae TESTERS POEL time to time located thereon. Se a OG oo : OO co . > ARTICLE ee MAINTE CE & & The following maintenance provisions ¢ Sainy Units within the Property are intengao scribe those maintenance obligations of the Condominium Association (as delegated to a contractor or xg agent of the Condominium Association referee herein as the “Managing Agent”), and of Onags LO ee & (a) Except as gies in Section 9.02 below, all maintenance or repair of Units, »S including all porches, baleQiies, patios, terraces, fences or any other featuredesignated as Limited Common Elements appurtenant to the Unit (other than yard maintenance and landscaping), shall, unless otherwise maintained or repaired pursuant to the insurance provided under Section 10.01 hereof, be the sole responsibility of the Owner of such Unit.

N Lo \ (b) O 3 shall immediately report in writing to the Cofminium Association any unoccupied fat consecutive period of two (2) months or longegy Owner must provide notice & of same to anaging Agent. O ° Ss s 3 As provided in Section 9.03 hereof, each Owner shall also be obligated to pay for a the incurred by the Condominium Associati d the Managing Agent for repairing,

& of same to anaging Agent. O ° Ss s 3 As provided in Section 9.03 hereof, each Owner shall also be obligated to pay for a the incurred by the Condominium Associati d the Managing Agent for repairing, lacing, maintaining, or cleaning any item which & e responsibility of such Owner, but which eo : 2 a vecurato of Condominium_FINAL & Paget S S ¥ S S S Se Se Se Doc 3 3=BkK Vol R 9 9 +O . oe otherwise aig the appearance of any portion of the Limit ommon Elements unless such decoratiopShange, or alteration is first approved, in wna e Managing Agent; or (ii) do any work which, in the reasonable opinion of the Managing Agent, would jeopardize the soundness and safe the Property, reduce the value thereof, or inp easement or hereditaments thereto, wiGaout in every such case obtaining the written ape of the Managing Agent.

@ : 1 apply such proceeds to any repair or restora{én of any such loss or damage, and any addithynal Yequired funds for such repair or restoration, ingluding the amount of any deductible, shall be paid as a Se Common Expense or collected through a pevial Assessment pursuant to Section 10.07 if, gf essary.

. > Neither the Condominium Association nor #0& Managing Agent shall be liable for injury or dafetige to any nO person or property: (A) caused by weath@conditions or by any Owner or any other Persqhot acting as & either an agent or employee of the Co inium Association or the Managing Agent, of) caused by any s,s pipe, plumbing, drain, conduit, ap ce, equipment, or utility line or facility, the ¥ onsibility for the maintenance of which is that of tte Condominium Association or the Managing Agent, nor shall the

pipe, plumbing, drain, conduit, ap ce, equipment, or utility line or facility, the ¥ onsibility for the maintenance of which is that of tte Condominium Association or the Managing Agent, nor shall the Condominium Association or the Managing Agent be liable to any Owner for loss or damage, by theft or otherwise, of any property of such Owner which may be stored in or upon any portion of the Property. No diminution or abatement of Aggessments, fees, or charges shall be claimed or allowed by reason of any alleged failure of the Condogg@ium Association or the Managing Agent to tak e action or to perform some function required t aken or performed by the Condominium As ion or the Managing Agent under this Declaration, 4? for inconvenience or discomfort arising from Ae making of improvements or action taken by SeeStontoniidin Association or the Managing Ager@o comply with any law, ordinance, or with any order er directive of any municipal or other governmerital authority, the obligation to pay such Assessments, fies, and charges being a separate and independentxovenant on the part of each Owner. The Condoming§h Association shall maintain and repair the Co Elements (unless provided otherwise in WO - - HES Nett ; .

659.02 Condominium Association's Responsis Notwithstanding the foregoing, to the exte o th sociation has received insurance proceeds ies event described in this Section, the Associati R ° VY Limi ‘common Elements, the cost and expense rae Nai shall constitute a Common Expense and ©

xte o th sociation has received insurance proceeds ies event described in this Section, the Associati R ° VY Limi ‘common Elements, the cost and expense rae Nai shall constitute a Common Expense and © paygpie as a portion of the Assessments against O . Nothing in this Declaration shall be deemed trued as relieving any Owner from liability or gsSponsibility for damage to Common Elements cated aby the negligence or misconduct of an Owner orgn Owner’s occupants or invitees. RY | R eo 0.03 Failure of Owner's ObliggSs. In th ini of x : ure 0 er’s Obli ns. e event that the Condominium Assoc@fion or the . RG Managing Agent determines that: (i) a wner has failed or refused to discharge pr ly his or its et obligations with regard to the maintengtte, cleaning, repair or replacement of items foggvhich he or it is responsible hereunder; or (ii) that eed for maintenance, cleaning, repair or replag§ment which is the responsibility of the Condominiut Association or the Managing Agent hereunder} caused through the willful or negligent act of an Owner, or his or her family, tenants, guests or invitees and is not covered and promptly paid for by insurance in whole or in part, then, in either event, the Managing Agent, except in the event of an emergency situation, shall give such Owner written notice of the Managing Agent's intent to provide such necessary main’ ce, cleaning, repair or replacement, at the solg¥ost and expense of such Owner and setting forth reasonable particularity the maintenance, cleaftng, repairs or replacement | deemed necessary. Except in the event of emergency situations, such Owgpr shall have fifteen (15) days | within which to conte the same in a good and workmanlike er, or in the event that such

cement | deemed necessary. Except in the event of emergency situations, such Owgpr shall have fifteen (15) days | within which to conte the same in a good and workmanlike er, or in the event that such period, to comm said maintenance, cleaning, repair or replacextynt and diligently proceed to complete the same in epee and workmanlike manner. In the event of gmergency situation, or the failure of any Owner to geht ly with the provisions hereof after notice, the @Pinaging Agent may provide (but shall not have the gbfigation to so provide) any such maintenance, regGtr or replacement at the sole cost and expense of sugswner and said cost shall be added to and becorp@a part of the Assessment to which such Owner “te age Declaration of Condominium_FINAL s , paeils SX SX Co RS OS > ¢ Fa 235 Ss A Doc Bk Vol Fs \ SR x i © C > N se | and his or her Unit & subject. In the event that the Managing A undertakes such maintenance, x cleaning, repair, eplacement, the applicable Owner shall pr tly reimburse the Condominium & Association for the Managing Agent’s costs and expenses of any nattfre. In the event the Managing Agent S provides any.Qf the forgoing maintenance, repair, or replacegyént, the Managing Agent shall not be \ obligated s&procure bids for such maintenance repair or repl@gement and the Managing Agent, in its sole SF oe dieoredi ga designate a contractor to perform such ue Damage to the interior of any Unit resulting , from gc maintenance, repair or replacement activitags’by the Association, whether by reason of an,© e ency or otherwise, shall constitute a Common nse and be payable by the Association; provid

lting , from gc maintenance, repair or replacement activitags’by the Association, whether by reason of an,© e ency or otherwise, shall constitute a Common nse and be payable by the Association; provid hWever, that if such maintenance, repairs or repl ents are the result of the misuse or negligence Q§un Owner, or its guests or invitees, then such Ownexghall be responsible and liable for all such damagg: 9 9 NG \CARTICLE X e WO INS AND CASUALTY LOSSES Lo = is Av or actual cash value of the insured property as of the effective date and at each renewal date of the 10.01 Insurance. Beginnigt later than the time of the first conveyance of Unit to a person other than the Declarant, the Condominium Association shall maintain, to the extent wasonably available, the following insurance, which shall be a Common Expense: (a) Public Liability and Property Damage Insurance for Certain Units. Public liability and property dama edtsurance for Units only in the Product Types knoy@n'as the Brownstones and the Terraces, includs#ig, without limitation the Limited Common E} its appurtenant to any such Unit that belong® only that Unit. The policy shall include an rsement for no less than one hundred percigrt (100%) of the full replacement cost (new wi Gut deduction for depreciation) of x the cover nit, improvements, and property. For Unit the Product Type known as the & Courtyards, the Condominium Association shall maintain, e extent reasonably available, public Sy | liabiljgAinsurance but shall not provide property dama; surance on such Units.

lig provide property Bg A OD (b) Property Insurance for Commo ements. In the event General Common \ gFlements are added to the Property, propertyQmsurance on the insurable General Commo oO

such Units.

lig provide property Bg A OD (b) Property Insurance for Commo ements. In the event General Common \ gFlements are added to the Property, propertyQmsurance on the insurable General Commo oO Elements, insuring against all risks of direct pk§Sical loss commonly insured against, including fj S and extended coverage, in a total amount sat least eighty percent (80%) of the replacemens@Pst policy. R Ma o (c) Liability Insuran@. In the event General Common Elements argdidded to the amount determined by the d, covering all occurrences commonly insurgPagainst for death, bodily injury, and property damage arising out of or in connection with th2"use, ownership, or maintenance of the General Common Elements. Such policy may insure against all damage or injury caused by the negligence of the Declarant, its directors and officers, any of its agents, or the Owners. ‘ Si ve ttine; ocd in sectiona Re | is not reasonab\Qavailable, the Condominium Association shall Gause notice of that fact to be delivered or defiled to all Unit Owners and lienholders. & 2 § se Other Insurance. The Declarant or its diy authorized agents shall have the s authogity and may obtain: (i) worker's compensation ingurance to the extent necessary to comply A | wi y applicable laws; and (ii) such other types ang fenounts of insurance as may be determined 3 Oo os? e 96 Declarati f Condomini FINAL P; 9 - aration of Condominium.

.,..0oc_ Pk ge x Go © “Wo gtr ‘

ed 3 Oo os? e 96 Declarati f Condomini FINAL P; 9 - aration of Condominium.

.,..0oc_ Pk ge x Go © “Wo gtr ‘ (f) x Insurance Provisions. Insurance policies cargfeu under Section 10.01(a), Section & 10.01(b aff Section 10.01(c) shall contain the following RafVisions: Ss (i) Each Unit Owner is an insurg@ person under the policy with respe RX R Xe & Xv & (ii) | The insurer waives iOright to subrogation under the policy against a er ) Owner. Sy S 3 & oO \ S (iii) | Noactiono, GRission of a Unit Owner, unless within the sco; ORthe Unit o condition to recovery ye the policy. ce we (iv) I She time of a loss under the policy, there is r insurance in the name of a Unit Owner covering the same property covered by the policy, the Condominium Association's policy provides primary insurance.

(Vv) All policies shall contain a waiver of the insurexs right to cancel without first siving pity (30) days' prior written notice of such can edfation to the Condominium srmeitient has been issued.

Assnctiig and to any Mortgagee to which a mortgagee en sO +O x (vi) All such insurance coverage obtainedQpy the Condominium Association suet be written in the name of the Condominium Wssociation as trustee for each of the ers.

Ss

of the ers.

Ss & established by Best's Insurance Reporgey such report is available or, if not available, ig?

Oo equivalent rating or the best rating peSeible. ) S Ss RY (viii) All property insyrance policies shall be for the benefit of the Owagers and their Mortgagees as their ines may appear. co ; oe (ix) Inno eNO shall the insurance coverage obtained and aittained by the cS Declarant hereunder rought into contribution with insurance purchgéed by individual iy? Owners or their Meftagees. s (x) All policies shall contain a waiver of subrogation by the insurer as to any claims against the Declarant, the Declarant's directors and officers, the Owners, and their respective families, servants, agents, tenants, guests, and inviteeg 6 fy All policies shall contain a provision tha Gto policy may be canceled, invalic , or suspended on account of the conduct SBne or more of the individual Owns, or their respective families, servants, agentX©employees, tenants, guests, and ingRees, or on account of the acts of any direct meofficer, employee, or agent of the clarant or of its manager, without prior demand“M writing delivered to the Declarant to S greure the defect and the allowance of a reasonabfts time thereafter within which the defect 3 O* may be cured. 9 9 VY VW VY o e o ie Oo oe gh den of Condominium_FINAL ye ee \ Doc F > : Rte, 10.02 Owng's Insurance. Each Owner, at his or her sole cost ¥hd expense, shall provide personal

te, 10.02 Owng's Insurance. Each Owner, at his or her sole cost ¥hd expense, shall provide personal Elements, as well as all non-structural interior walls and doors witMin or affording access to the Unit, as well as all ap ces and decorative fixtures therein. Neither t nor the Condominium Association \ shall be on ce for any theft of or damage to personal oflongings of Owner or other Person on the co Prope Further, an insurance policy issued to the Co inium Association does not prevent a Unit .

Owngtom obtaining insurance for the Owner's own bight. eS ©) s 10.03 Effect of Article. This Article X Bes not affect the right of a holder of a mortgageyn a s\Unit to require a Unit Owner to acquire insuace in addition to that provided by the Condgminium Se Association. co fo Oo 10.04 Right to Adjust. A claims any loss covered by the policy under Section 1901Ca), Section & 10.01(b), or Section 10.01(c) must be &8mitted by and adjusted with the Condominiumsssociation. The Ss insurance proceeds for that loss shai‘be payable to an insurance trustee designated e Condominium Association for that purpose, if th@’designation of an insurance trustee is consideréet’ by the Board to be necessary or desirable, or otherwise to the Condominium Association, and not to any Unit Owner or lienholder. Notwithstanding the above, no mortgagee or other security holder of the Common Elements having an interest in such lossegmay be prohibited from participating in the sotiiegicnt negotiations, if any, related thereto. Se &

such lossegmay be prohibited from participating in the sotiiegicnt negotiations, if any, related thereto. Se & insurance proceeds ingtust for Unit Owners and lienholders as their intesg@t$ may appear. Subject to Section x 10.06, Section 10,8 and Section 10.08, the proceeds paid under a p@licy must be disbursed first for the & repair or restorattoh of the damaged Common Elements and Unitspand Unit Owners and lienholders are Ss | property h, en completely repaired or restored, or the co’ inium is terminated. Se | NN a %, © ~ N 61.06 Damage or Destruction to Common. ements. Immediately after the damage or destgttion by fire or other casualty to all or any part o Common Elements covered by insurance wri ime name of the Condominium Association, the, Sendominium Association or its duly authorized agent shall proceed with the filing and adjustment i faims arising under such insurance. The Condomifium VW damaged or destroyed property. Any porti the Common Elements for which insurance is ired that ~& is damaged or destroyed shail be prompt psired or replaced by the Condominium Associggion unless (i) & the Condominium is terminated, (ii) regggtr or replacement would be illegal under any stgge’or local health | ) A vote to not rebuild does not increase an insurer's liability to loss payment obligatig)’under a policy, and

) A vote to not rebuild does not increase an insurer's liability to loss payment obligatig)’under a policy, and the vote does not cause a presumption of total loss. The cost of repair or replacement in excess of the insurance proceeds and reserves is a Common Expense. If the entire Common Element is not repaired or replaced, any insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged area to a conditigs\compatible with the remainder of the Condomigfum.

° 10.07 Special gesessments If the insurance proceeds, if any, forssuch damage or destruction of any Common Soe described in Section 10.06 or any Unit(s) (incjy@ing Limited Common Elements) as described in Sec 10.08 are not sufficient to defray the cost thepof, and such deficiency cannot be & appropriated frogyea reserve fund as may have been establishedyfer such purpose, the Condominium Ss Association may vy a Special Assessment against all Owners, sych Special Assessment to be in an amount sufficient to, ide funds to pay such excess cost of Repair or, onstruction, Such a Special Assessment 3 shall be \Aded against the Owners equally in the same er as Monthly Assessments are levied, and e?

additiongt assessments may be made at any time during@r following the completion of any Repair or eS rs 298 Declaration of Condominium_FINAL s page SX SX SX Doc Bk Vol ° > , Oo Reconstruction. AnSind all sums paid to the Condominium Assogfittion under and by virtue of such assessments shaJK@e held by and for the benefit of the Condorffium Association together with the

> , Oo Reconstruction. AnSind all sums paid to the Condominium Assogfittion under and by virtue of such assessments shaJK@e held by and for the benefit of the Condorffium Association together with the insurance proceeds, if any, for such damage or destruction. Such insurance proceeds and assessments shall be disbursed RY ¢ Condominium Association in payment fore eh Repair or Reconstruction.

CO %, see) [email protected] Damage or Destruction to Units. In the ont a Unit is destroyed by or for any cause, the Angsuch repair, restoration and rebuilding shall be rtaken immediately and completed within nine snths of the date of casualty. Such replacement Whit shall conform to the same condition as existedyhor s\to such fire or other casualty and in accordanceyvith all applicable standards, restrictions, and prgvisions Me of this Declaration. Reg <o ue . ARTICLE XI Lo & QTAXES AND UTILITIES & 11.01 Taxes. Each Owner shall be responsible for and shall pay when due 4 taxes, assessments, and other governmental impositions lawfully levied or assessed with respect to such Owner’s Unit. Any taxes, assessments, or other governmental impositions lawfully levied or assessed with respect to the Property not separately billed & the Owners shall constitute a Common Expense and be payable by the Association. x R © 11.02 Utiliti Each Owner shall be responsible for and shall geal electricity, water, gas and trash service charges ‘ating to such services used in or serving only tf er’s Unit; to the extent such charges are separ metered or billed to a specific Unit. Any utik® charges not so separately metered or billed to a spedWic Unit, including without limitation charges reladig to such services used in connection

re separ metered or billed to a specific Unit. Any utik® charges not so separately metered or billed to a spedWic Unit, including without limitation charges reladig to such services used in connection with the use ag maintenance of the Common Elements, shall copuiiute a Common Expense and be payable by the Assoc ion. Any “hook up” charges under any a ts benefiting the Building, entered into or assumedyky the Association or to which the Association, ae Building, or the Units are subject, and any — anyMilities generated or provided by the Associationg®’the Unit Owners, unless separately metered, s gofstitute a Common Expense and be payable by ssociation. Ts 3 ARTICLE XII 3 eo GONDEMNATION Se > 2 oe “ “ & 12.01 General Provisions. Ifetf or any part of the Property is subject to a Taki the Association and each Owner affected thereby sh@I be entitled to participate in proceedings gt thereto at their respective expense. The Association shall give such notice as the Association receiv@8 knowledge of such proceeding to all the Owners and to all the Mortgagees which have requested such notice; provided, however, that the failure of the Association to give such notice shall not prejudice the right of any Mortgagee to participate in such proceedings. The expense of participation in such proceedings by the Association shall be a Com Expense. The Association is specifically auth d to obtain and pay for such assistance from attornePs; appraisers, architects, engineers, expert ‘wi s and other persons as the Association in its discregfon deems necessary or advisable to aid or adyigs it in matters relating to such proceedings. Any tion or repair of the Property following a p Taking shall be performed in

he Association in its discregfon deems necessary or advisable to aid or adyigs it in matters relating to such proceedings. Any tion or repair of the Property following a p Taking shall be performed in accordance with thegrovisions of this Declaration and shall follow, as@fearly as possible, the original plans and specifications for the Property, unless otherwise approved by atthe Mortgagees.

12.9 Taking of All or Substantially All of One Unig Unit (or a substantial part thereof such that the te ant may not practically or lawfully be used fort y purpose permitted by this Declaration) is cS cS SX SX Co Oo OD oO subjech ‘a Taking, the Owner and any Mortgagee of sue Owner shall be entitled to the award for such oe | ‘e Fs Ss sXe ~ AC ConggMinium Association shall be obligated to repair,ggstore, and rebuild the damage caused by such log?

Ss RY & > x Ss | \ R 9 VY | N oe ge N Loe ge DB iz Bk Vol R eo 9 > NS O . oe not such Common §fement interest is acquired, and, after payment f, such Owner and any Mortgagee of such Owner shall be divested of all interest in the Property. In such event, the condemned Unit’s entire Allocated IntefQet shall be automatically reallocated to the remagimng Units in proportion to the respective Allocated faterests of those Units before the Taking, unles¢ fie decree relating to the Taking provides otherwis A remnant of a Unit remaining after part of a {it is the subject of a Taking described in this ol

faterests of those Units before the Taking, unles¢ fie decree relating to the Taking provides otherwis A remnant of a Unit remaining after part of a {it is the subject of a Taking described in this ol P ogtrty is required as a result of such Taking, the re@aining Owners shall determine by the affirmati ee or written consent of the remaining Owners hodfing not less than 80% of the votes in the Associgton uired, or if none be undertaken, the remainin ion of the Property shall be resurveyed, if necessapy, nd this Declaration shall be amended to reflect g¢h Taking.

This Declaration shall in all circumsig@s be amended to reflect the re-allocated Allgotted Interests following the Taking. 3 3 oO < 12.03 Partial Taking of Minit if only a portion of a Unit is subject to aPaking, such that the remaining portion of such Unit can practically and lawfully be used for any purpose permitted by this Declaration, the Owner shall be entitled to the award for such Taking, including the award for the value of such Owner’s interest in the Coggmon Elements, whether or not such Common Element interest is acquired, and the Allocated Interest ofdRe Unit subject to such Taking shall be reduced, the Allocated Interests of the other Units shall be gfeteased in accordance with the portion of the Allee Interest lost. The Owner of such Unit, at its sole gs8t and expense, shall promptly repair, restore, a build the remaining portions of such Unit as nearl gs possible to the condition which existed prior seach Taking.

co appropriate. If no repair or rebuilding shall ° Ss

ondition which existed prior seach Taking.

co appropriate. If no repair or rebuilding shall ° Ss 12.04 Xing of Common Elements. Ifan action is broughdto effect a Taking of all or any portion of the Co Elements together with or apart from any Unig Board of Directors, in addition to the authagify in lieu of such condemnation proceeding the action involves a material portion of thg.o Copphon Elements in which case such decision shall gg*inade by the affirmative vote or written comme #y’Owners holding not less than 80% of the votes if the Association. With respect to any such Taking‘of i the Common Elements only, all damages and awards shall be determined for such Taking as a whole and x not for any Owner’s interest therein. After thgQamages or awards for a Taking of the Commo: ments are determined, such damages or awards s| e held by the Association, acting as trustee fo Owner, and their Mortgagees, as their interests sh@Mi appear, and any amounts not used for repair storation of the remaining Common Elements, shi¥ be divided among the Owners in proportio each Owner’s Allocated Interest before the T: ig? except that such portion of any such award. @ttributable to the condemnation of a Limited Co Element shall be divided among the Owners bPihe Units served by such Limited Common Elements, as such Owners’ interests existed in the Limited Common Elements condemned. The Owners shall determine by the affirmative vote or written consent of the Owners holding

by such Limited Common Elements, as such Owners’ interests existed in the Limited Common Elements condemned. The Owners shall determine by the affirmative vote or written consent of the Owners holding not less than 80% of the votes in the Association either to rebuild or repair the remaining Common Elements or to take such other tion ge Owners may deem appropriate, If it is deteggtined that such Common Elements should be replaéewi or restored by obtaining other land or build? additional structures, this Declaration shall be duyp‘amended by instrument executed by the Boardof Directors on behalf of the So Oo ’ 12.05 Dking of Several Units. If an eminent domain pieeeding results in the Taking of ail or part of multiplg Units, then the damage and awards for such Takgng shall be determined and paid for each Unit as de in Sections 12.02 and Section 12.03 of thigeclaration, and the following shall apply: (a) the AgSéciation shall determine which of the Units daghaged by such Taking may be practically and lawfuylgtised for any purpose permitted by this Declarat{gf, taking into account the nature of the Property Ro + x g RS eC Lo Lo ga’ ga’ agi: Declaration of Condominium_FINAL & P. Bo J S sf \ ks { 240) x Ss RY S g Ss \ : & Ss | So, S& i NS VY 2 Lo ; and the reduced sigSor each Unit so damaged; (b) if the remainj&°Owners shall determine by the é affirmative vote itten consent of the remaining Owners holdem less than 80% of the votes in the s Association, with the written consent of 51% of the Mortgagees, That it is not reasonably practicable to operate the aged Units and the damaged Units which e practically and lawfully used for any 3

s Association, with the written consent of 51% of the Mortgagees, That it is not reasonably practicable to operate the aged Units and the damaged Units which e practically and lawfully used for any 3 purpose itted by this Declaration as a condominium profést in the manner provided in this Declaration, ce then roperty shall be deemed to be regrouped erged into a single estate owned jointly in > undiggxiéd interests by all the remaining Owners, as tegitts-in-common, in the percentage of the Alloca MeEtion 12.03 of this Declaration); and (c) if the GQYdominium is not so terminated, then the damaged and x by this Declaration shall be applied to repai ag reconstruct such Unit as provided in Section ) @83 of this VW Declaration. If the cost of such work cca the amount of the award, the additional fundsé@quired shall - oe be assessed pro rata against the Ownergst those Units which are being repaired or recogstructed. With & respect to those Units which may n practically or lawfully used for any purposs&Permitted by this Ss Declaration, after payment of the d, such Owner and any Mortgagee of such Owger shall be divested .of all interest in the Property and the condemned Unit’s entire Allocated Interest Shall be automatically reallocated to the remaining Units in proportion to the respective Allocated Interests of those Units before the Taking, unless the decree relating to the Taking provides otherwise. A remnant of a Unit remaining after part of a Unit is the subjegt of a Taking, if the remnant of such Unit cannot pe practically or lawfully

nless the decree relating to the Taking provides otherwise. A remnant of a Unit remaining after part of a Unit is the subjegt of a Taking, if the remnant of such Unit cannot pe practically or lawfully used for any purposed pergftted by this Declaration, shall be a Common,MQement. if any repair or rebuilding of the remaining portions of the Property (other than Units which gah be practically and lawfully used for any purposed itted by this Declaration) is required as a respNPof such Taking, the remaining Owners shall deternstfe by the affirmative vote or written consent offte remaining Owners holding not less than 80% of, tkOvotes in the Association either to rebuild or ree the Property or to take such other action as such retaining Owners may deem appropriate. If no repair or rebuilding shall be required, or if S none be und en, the remaining portion of the Property 1 be resurveyed, if necessary, and this \ DeclaratiqnGhall be amended to reflect such Taking. if Declaration shall in all circumstances be amendgd$o reflect the re-allocated Allocated Interests follwing the Taking.

% %, © CG CO & 12.06 Complete Taking of Pro . Tfall afte Property is the subject of a Taking, all damages aft awards shall be held by the Association, acti trustee, for the accounts of all the Owners angyfeir ortgagees, as their interests shall appear, and shall be paid to or for the accounts of the Owners in proportion to their Allocated Interests and thigQ ndominium shall terminate upon such paymens RY eX Ry 12.07 Payment of Awards and a ages. Any damages or awards provided in thy@Article XII to

12.07 Payment of Awards and a ages. Any damages or awards provided in thy@Article XII to & payment of any governmental impqions past due and unpaid with respect to that L&it; second, to any S priority lien indebtedness on that Gait; third, to the payment of any Assessments chatged to or made against the Unit and unpaid; and finally to the Owner.

12.08 Association as Attorney-in-Fact. Each Owner, by acceptance of a deed to a Unit, hereby irrevocably makes, constitutes and appoints the Association, and each and evegfone of its successors in interest hereunder (which intment shall be deemed a power coupled wittc fr interest), as such Owner’s true and lawful attorney act, for and in such Owner’s name, place and, stad, upon the condemnation of the Condominium, ae part thereof, or upon any determination byte Owners made pursuant to this € Article XII, to take and all actions, and to execute and deliver any all instruments, as the Association may, in its sole absolute discretion, deem necessary or advisaliff to effect the intents and purposes of s this Article Meret giving and granting unto the Association Rill power and authority to do and perform all and eve t whatsoever requisite or necessary to be dogRin and about the Property as fully, to all x intents ag&Jpurposes, as an Owner might or could do, herbby ratifying and confirming whatsoever the VY Associp@on may do by virtue hereof. The Association igfreby authorized, in the name and on behalf of x RN RN RN co Y °O Bo, > nO ge x i 022 2 se se O WO

igfreby authorized, in the name and on behalf of x RN RN RN co Y °O Bo, > nO ge x i 022 2 se se O WO all Owners, to do angiperform all actions necessary or appropriate to fftet the intent and purposes of this & Article XII as afogésaid, and to execute and deliver all instrumentgihecessary or incidental to any such Ss actions.

xR RX RX OG ARTICLE XiiO ©O > ADMINIS ON mS Oo WO & 13.01 Duties and Powers. The Condominjg Association may exercise any right or piles gen to it expressly by this Declaration or by lawx}ppether with every other right or privilege reasogybly Q effectuate any such right or privilege. Such gusts may include, but shall not be limited to, een with ik governmental agencies, public or private utilitfes, or others, as a Common Expense or by billiqg“directly to Units, to furnish trash collections, water,s€wer, and/or security service for the Common ents and/or the Units. 6 é 13.02 Agreements. Al eements and actions lawfully authorized wy the Condominium Association shall be binding upon all Owners, their heirs, legal representatives, successors, and assigns, and all others having an interest in the Property or the privilege of possession and enjoyment of any part of the Property; and in performing its responsibilities hereunder, the Condominium Association, shall have the authority to delegate to Sins of its choice such duties of the Condomigga Association as it may determine, including, wi limitation the Managing Agent. In furtheranc@Of the foregoing and not in

ve the authority to delegate to Sins of its choice such duties of the Condomigga Association as it may determine, including, wi limitation the Managing Agent. In furtheranc@Of the foregoing and not in limitation thereof, the G@idominium Association may obtain and pay fegthe services of any Person to manage its responsibi&Nes hereunder or any part thereof, to the extent &8eems advisable, as well as such x other personnel as ondominium Association shall deem necessary@r desirable for the proper operation & of the Property, ether such personnel are furnished or empidyed directly by the Condominium Ss . All costs and expenses incident to the \ a Common Expense. During the term i shall be responsible for the performance of all.

Association ory any Person with whom or with which it contr employmegio? the Managing Agent or any other manager s of the mgnagement agreement with Managing Agent, the, Cond ium Association to exercise all of the powers the d&ties of the Condominium Association. The M: ing Agent may be bonded in such a manner as ominium Association may require, with the c acquiring any such bond to be a Common Expefee.

In addition, the Condominium Association may hire and contract for, such legal, accounting, other Srofessional services as are necessary or desing? in connection with the operation of the Pro or the enforcement of this Declaration, or the rulegé d regulations. Vo D .

13.03 Personal Property and geal Property for Common Use. The Condomiggfin Association may acquire and hold tangible and ip@ngible personal property and real property and Pay dispose of the same by sale or otherwise. All s received and title to all properties acquired #} the Condominium

may acquire and hold tangible and ip@ngible personal property and real property and Pay dispose of the same by sale or otherwise. All s received and title to all properties acquired #} the Condominium Association and the proceeds thereof, after deducting therefrom the costs incurred by the Condominium Association in acquiring or selling the same, shall be held by and for the benefit of the Owners. The shares of the Owners in the funds and assets cannot be individually assigned, hypothecated, or transferred in any manner, except to the extent gat a transfer of the ownership of a Unit also ty@tsfers the rights that are appurtenant to such Unit. (O co ~ | | Xe ARTICLE XIV K 3 ASSESSMENTS FOR COMMON EXRENSES ° S Ss 14.01 Purpose of Assessments. The assessments for Common Expenses provided for herein shall 4 be used for neral purposes of promoting the health, safe elfare, common benefit, and enjoyment x ee © of the and Occupants of the Units, and maintaining the roperty and improvements therein.

mY Oo > © GO o> x oO oO ¥ S& cs . oS Ro 14.02 Pa ts by Declarant. Until the Condominium Assd§Mtion makes a Common Expense Assessment, the arant shall pay all the expenses of the Condom ium as the expenses accrue. From the date of the initial Assessment until Turnover, or three years from Declarant’s first conveyance of a Unit, whichever i ier, Declarant shall have the option, in its sole¥Nscretion, to (i) pay Assessments on the Units as toGrhich it is the Owner, or, (ii) fund any deficit in ae Common Expenses of the Association by virtue ying the difference between the Monthly Assegginent and the total of the Assessments paid by > Unit ers other than Declarant. & eS

any deficit in ae Common Expenses of the Association by virtue ying the difference between the Monthly Assegginent and the total of the Assessments paid by > Unit ers other than Declarant. & eS Se) 14.03 Computation of Monthly Asseseénts. It shall be the duty of the Condomigjtim -\Association to annually, at least thirty (30) days.grior to an annual meeting, prepare a budget covexing the Se estimated Common Expenses during the c year, such budget to include a capital cong@pttion or & for the following year to be delivered 4each Owner at least fifteen (15) days prior to s@fi meeting. The of a majority of the Owners who afe voting in person or by proxy at such meeting. ‘Notwithstanding the foregoing, in the event the proposed budget is not approved or the Condominium Association fails for any reason to determine the budget for the succeeding year, then and until such time as a budget shall have been determined as provided herein, the budget and Monthly Assessments in effect for ihe then current year shall be increased in proportion byftte greater of either ten (10%) percent of the beget ‘and assessments for the previous year or by the entage increase, if any, over the previous yeatw Consumer Price Index (all Urban Consumers, Unjte States City Average, All Items 1967-100), pf its successor index, and such

rban Consumers, Unjte States City Average, All Items 1967-100), pf its successor index, and such as provided abov: commencing on the first day of the period cov ePby the annual budget, and until the adoption of the n@xt annual budget, the Assessments shal! be allocate! so that each Owner shall pay his pro rata portion ofMonthly Assessments, Special Assessments, an erves, if any, based upon a fraction, the numerator ePWhich is the total number of Units owned by s wher and the denominator of which is the 9° Montp& Assessments, Special Assessments and reserv any, shall be allocated equally to each Unit ge a a Product Type. Each Owner shall be assessed fof each Unit purchased. ° S S < 14.04 Types of Common Expenses. .Fhe Common Expenses to be funded by the anihly x Assessments may include, but shall not be limigae to, the following: x GO ~ . oe (a) administration fe@and expenses of administration, including legal accounting Xe fees; Ss oO °o LY (b) charges faPcommon services for the Units and Owners, inching trash collection, basic cable television, internet, telephone, sewage, yard maintenance and landscaping, and pest control; (c) the @hof any policies of insurance purchased for the teitefit and protection of all the Owners and U&#S as required or permitted by this Declaration, igMuding fire, flood, and other hazard coverage@ublic liability coverage, and such other insuranggtoverage as the Condominium Association gefermines to be in the interests of the Owners; < eo 9 e® the expenses of maintenance, operatiomSand repair of facilities serving the

, and such other insuranggtoverage as the Condominium Association gefermines to be in the interests of the Owners; < eo 9 e® the expenses of maintenance, operatiomSand repair of facilities serving the Property, the maintenance, operation, and repair of whigh the Condominium Association or the Meiting Agent from time to time determines to be igthe best interest of the Owners; ~ N . oe oe ~ ao & é : wy : Declaration of Condominium_FINAL s paghts RY N SG & 4 Doc Pk Vol Fs x se A Doc Bk Vol Fa Niz0N343 OR 14082 244 se x WO WO , Oe the cost of operating and monitoring the Comp{wnity Control System, if any, within & the Prope}; s Ss.

3 (f) such other expenses as may be deter from time to time by the Condominium R § iation to be Common Expenses, including < ithout limitation, taxes and governmental VY oMiarges not separately assessed against Units; . oe . oe @ a & Ss (g) damages to the Property in gRess of insurance coverage; Ss \ (h) all reserves, if any, apenistied by the Condominium Association, regajless of S&F when reserve funds are expended; ¢O co ; e (i) all costs and eases relating to Assessments and other maigggitce expenses & attributable to any Units aca d by the Condominium Association; e . gj) any unpstl share of Common Expenses or Assessments extinguished by foreclosure of a superior lien or by deed in lieu of foreclosure; (k) all other expenses that may be duly incurred by the Qgndominium Association and Managing A SR from time to time in operating, Protecting ¢ aging, maintaining and conserving, he Fey and in carrying out its duties and resppe ibilities as provided by the Comma t, this Declaration, the Certificate of Formate r the Bylaws; ‘ any and all expenses that may be duly ingyfted by the Condominium Association s

its duties and resppe ibilities as provided by the Comma t, this Declaration, the Certificate of Formate r the Bylaws; ‘ any and all expenses that may be duly ingyfted by the Condominium Association s and Managing Agent in compliance with any contributidn and maintenance agreements, cost sh agreements, easement agreements, and use ane ents by and between the Condominium ay Ag@Sciation and a third party; and ra; OC S RS RY Ww (m) any and all assessments, clggfes, and/or sums payable to the Condominingg?

©" Association pursuant to, and in accordance the Declaration. s Ss 14.05 Deficit. In the event Common &xpenses, as estimated in the budget for a particaw fiscal x year are, after the actual Common Eapanpey that period are known, less than the ac’ G Expenses, then the difference shall, at thegtéction of the Condominium Association: (i) . calculation of Monthly Assessments for gh€ next ensuing fiscal year; or (ii) be immediatelyXollected from < the Owners as a Special Assessment, She Condominium Association shall have the specially assess Owners retroactiv n January Ist of any year for any shortfall in thiy Assessments, which Special Assessment shall relate back to the date that the Monthly Assessments could have been made.

No vote of the Owners shall be required for such Special Assessment (or for any other Assessment except to the extent specifically provided herein). All surplus funds, if any, shall be applied to reduce Common Expenses. RY \ %, “Ge R 14.06 Special 2 anente, In addition to the Monthly As £Ents authorized above, the applicable to that ogerly. The Declarant may make such Special AgSessments payable in installments x

applicable to that ogerly. The Declarant may make such Special AgSessments payable in installments x over a period which@hay, in the Condominium Association’s discretigft, extend in excess of the fiscal year & in which adopted) uch Special Assessments are to be prorated atheng the Units as provided with respect S to Monthly Agesonents or on a Product Type basis if approprigg in the discretion of the Association. 3 fe) ° ° Owneret a Product Type, or by the family, tenants, ageafs, guests, or invitees of any such Owner shall bee | Lo Loe La Lea 9° > Wo s s co oe ma specially assessed aggst such Owners and their respective Units. THSndividual Assessments provided for in this Section \#.07 shall be levied by the Condominium Assogifition and the amount and due date of such Andliviniual (sssessinent so levied shall be as specified by the Condominium Association.

R as ae Designation. The designation of AssessmeP type shall be made by the Condominium Associaté . > aon. o © N oO & 14.09 Date of Commencement of ee sane The Monthly Assessments rovideg hOSin shall commence as to each Unit on the dat which such Unit is conveyed to a Person othesyan Declarant and shall be due and payable in sugh manner and on such schedule as the Condaminium Association may provide. Except as provided Section 15.02 herein, Declarant shall be respapti le for the payment of Monthly, Individual, and “Special Assessments on Units which it owng’ Monthly Assessments and any outstanding Spegigf*A ssessments shall be adjusted for such Unit agpording to the

e for the payment of Monthly, Individual, and “Special Assessments on Units which it owng’ Monthly Assessments and any outstanding Spegigf*A ssessments shall be adjusted for such Unit agpording to the number of months then remaining in tigSear and the number of days then remaining in 1RStnonth in which such Unit is first conveyed. s s 14.10 Reserves. The Condominium Association may, but is not obligated to, annually prepare a reserve budget which shall take into account the number and nature of significant replaceable assets, the estimated useful life of each asget and the estimated, repair and replacement cost. If a reserve budget is established, the Declarant shal et the required reserve contribution. The regQve contribution required shall be fixed by the Cong6sninium Association and included within and difvibuted with the budget and Common Expenses. Thxveserve budget may, if funded, be used by the Cogtominium Association to fund capital replacemnints septal additions, and capital repairs. & IF RESERVESSARE ESTABLISHED, NEITHER THE CONDOMINIUM ASSOCIATION NOR DECLA M SHALL BE UNDER ANY OBLIGATI TO FUND OR PAY RESERVE CON IONS. NOTHING IN THIS SECTION OR;-KAS DECLARATION SHALL REQUIRE THE casbowinsoa ASSOCIATION TO COLLECT gk ASSESS FOR CAPITAL RESERVES. IF RESEBVES ARE COLLECTED, NO REPRESEN[@TION IS MADE THAT THE AMOUNT: C CTED WILL BE SUFFICIENT FOR A OR ALL CAPITAL REPLACEMENTS AIRS, AND IT IS LIKELY THAT SPEC SESSMENTS MAY BE NECESSARY. IF AIM IS MADE AGAINST THE CONDOMINIUM ASSOCIATION FOR COMMON A A 3 CONDITIONS, ANY RESERVES SHAL APPLIED TO REMEDY ANY CONDOX@INIUM ASSOCIATION OR DIRECTOR LIABILICY. Vo 2D ~& 14.11 Initial Expense Fund. ® Declarant has established a capital fund for thgeSPeration of the

ITIONS, ANY RESERVES SHAL APPLIED TO REMEDY ANY CONDOX@INIUM ASSOCIATION OR DIRECTOR LIABILICY. Vo 2D ~& 14.11 Initial Expense Fund. ® Declarant has established a capital fund for thgeSPeration of the Property (the “Initial Expense Fund?) There shall be collected from each Owner urchases a Unit from Declarant or any other OwnsDit the time of conveyance of each Unit an amet equal to two (2) months of Monthly Assessments. The Initial Expense Fund shall be used to reduce the deficit that might otherwise be funded by Declarant or for any other purposes deemed appropriate by Declarant. The total amount of such funds and interest accrued thereon, if any, shall be a set-off against any amounts payable by Declarant. Amounts paid igf¥ the Initial Expense Fund are not to be considegg& as advance payment of Assessments, will not be reguphed or refunded to the Owner at any time, and iy be used by the Declarant for any valid purpose in apnnection with the Property. Notwithstanding aeything herein to the contrary, Declarant shall have ixéSption to waive contributions to the Initial Exngée Fund.

Oo Oo 14.12 NsSObligation to Fund Reserves. Notwithstandsfe anything to the contrary in this Declaration, Declarant shall have no obligation to fund the Condorginium Association Initial Expense Fund, capital repla nts, capital repairs, capital additions, or reserx@s of any kind. Any capital replacements, capital re additions shall be funded through reserves at may be collected or Special Assessments.

O os? Lo .

ee Xs es 220? Declaration of Condominium_FINAL s Paap ° PS s S N NG x Doc Bk Vol oP 3S s\ se Doc Pk Vol Fas x er Lo Lo !

14.13 Ass&SSinents on Additional Property. Upon the additj& of the Additional Property or any So

Bk Vol oP 3S s\ se Doc Pk Vol Fas x er Lo Lo !

14.13 Ass&SSinents on Additional Property. Upon the additj& of the Additional Property or any So portion thereof taghe Property, the Units being added to the Pro shall thenceforth pay Assessments s | that are equal to those imposed upon Units previously in the Prepefty. In such event, the budget shail be scoring ied by the Condominium Association, withoutgit necessity of approval by the Owners, to ay include Cé on Expenses and Assessments related to such@dditional Units. CG 2B we ™ O14, 14 Notice of Meeting. Written notice of ijeStnnual meeting of the Condominium ie a)‘Owners not less than fifteen (15) days or more<Pan forty-five (45) days in advance of such meetigys.

Qs RUICLE XV QS ° 6 oO > ° WO Xe 15.01 Creation of Lien an rsonal Obligation of Assessments. Each Ov@Qer of a Unit, by & acceptance of a deed or other con ce thereof, whether or not it shall be so exp d in such deed or S conveyance, is deemed to covenatit and agree to pay to the Condominium AssocYation: (a) "Monthly Assessments" to be established and collected as provided in Section 14.03 hereof, (b) "Special Assessments" to be established and collected as provided in Section 14.06 hereof, (c) "Individual Assessments” against any particular Unit which are established as provided jn Section 14.07 hereof, including, but not limited tog S as may be imposed against such Unit in ace ce with this Article XV and XVIL Any such AsseSements, together with late charges, accrue simplgGaterest at the rate of eighteen

uding, but not limited tog S as may be imposed against such Unit in ace ce with this Article XV and XVIL Any such AsseSements, together with late charges, accrue simplgGaterest at the rate of eighteen percent (18%) per ann r the maximum interest rate allowed by the la’ the State of Texas, whichever is lower, and court a@ts and attorneys’ fees incurred to enforce or comet such Assessments, shall be an equitable charge anPa continuing lien upon the Unit, the Owner of weh is responsible for payment. Each & Owner shall be onally liable for Assessments coming due wie he is the Owner of a Unit, and his S grantee shall take title to such Unit subject to the equitable char: d continuing lien therefore, but without 3 prejudice ie rights of such grantee to recover from hi tor any amounts paid by such grantee ce prior ortgage or to the holder of any Mortgage ring a loan made by Declarant, its affiliateg,O meas or assigns, and who takes title to a Unit ugh foreclosure or through conveyance of a d infteu of foreclosure or to any purchaser of such Ugiftt such foreclosure sale. In the event of co-owngsship of any Unit, all of such co-Owners shall be jqintly and severally liable for the entire amount of such Assessments. Assessments shall be paid inQuth manner and on such dates as may be fixd% ‘by the WV Condominium Association, provided that yfless otherwise provided by the Condominium Ass@eiation, the oe Monthly Assessments shall be paid at the@eginning of each month as established, or ma paid for an & Condominium Association. © & S Ss

he@eginning of each month as established, or ma paid for an & Condominium Association. © & S Ss 15.02 Requirement to Pay Assessments. No Person may waive or otherwise exempt himself from liability for Assessments, including, by way of illustration and not limitation, by non-use of Common Elements or abandonment of his Unit. The obligation to pay Assessments is a separate and independent covenant on the part of ea erson liable for the payment of Assessmengs and the Condominium entity that owns a Unit., Assessments will be due and payable during any peNod of suspension of use of all or portions of the Co aon Elements. The Owner of any Unit subjec ssessment, by acceptance of a % deed therefore whetgr or not it shall be expressed in any such deed, shot be deemed to covenant and agree oO” to pay the Assesgiftents and such obligations shall be binding on ubsequent purchasers of such Unit. Ss No diminution Lor abatement of Assessments or set-off shall be claimed or allowed by reason of any alleged RY act or omissig@ of Declarant, the Condominium Association opie Managing Agent to take some action or perform ent function required to be taken or performed eiean the Condominium Association or VY the Ma@iging Agent, or for inconvenience or discosort arising from the making of repairs or oe 2a Declaration of Condominium_FINAL s regps \ SS S RX © Ao V La" La" s\ Da , RS > WO se improvements which$e the responsibility of the Declarant, the Condongéium Association or the Managing

_FINAL s regps \ SS S RX © Ao V La" La" s\ Da , RS > WO se improvements which$e the responsibility of the Declarant, the Condongéium Association or the Managing Agent, or from tion taken by Declarant in connection with thagevelopment of the Property or from any action taleg * comply with any law, ordinance, or with any Order or directive of any municipal or other govern | authority.

B03 Superiority of Liens. Such liens shall be.gBperior to all other liens and encumbrances on , > such omit except only for: (i) liens of ad valorem t d other governmental assessments or chargeg a ght the Unit unless otherwise provided in the Te ax Code, Section 32.05; and (ii) liens for asa inbaid on a Mortgage or on any Mortgage to Des}irant, or its affiliates, successors, or assigns, I d secured thereby in accordance with the termggf such contrary, the subordination of assessments arges to such assessments and charges that have beoghfe due and s\amounts advanced pursuant to any such Mortga Se instrument. Notwithstanding the foregoing to the lien of such Mortgages shall only ap & encumbrances on any Unit after this aration has been recorded shall be deemed toSShsent that such eT liens or encumbrances shall be infen€Y to such future liens for assessments and char. 8 provided herein, whether or not such prior consent Shall be specifically set forth in the instruments creating such liens or encumbrances.

%, 15.04 Effect of Non ent; Remedies of the Condominium Association. Any Assessments or charge of an Owner or an (Portions thereof which are not paid when due dll be delinquent. Any

s or encumbrances.

%, 15.04 Effect of Non ent; Remedies of the Condominium Association. Any Assessments or charge of an Owner or an (Portions thereof which are not paid when due dll be delinquent. Any Assessment or charge deligeent for a period of more than ten (10) days after“he date when due shall incur a late charge in an amowe as may be determined by the Condominium / iation from time to time and shall also commence accrue simple interest at the rate of eighteexPercent (18%) per annum or the maximum interes’ ht allowed by the laws of the State of Texas, w ightver is lower. A lien and equitable charge as herein Wovided for each Assessment or charge shall attdch simultaneously as the same shall become due a payable, and if an Assessment or charge has ot been paid within thirty (30) days, the entire unpgiP alance of the Assessment or charge may be ae rated at the option of the Condominium SX Associatiin and be declared due and payable in full. Thg\continuing lien and equitable charge of such YN Asse nt or charge shall include the late charge cage by the Condominium Association, =p e on tg principal amount due at the rate of eighteen peggpnt (18%) per annum or the maximum interest r ed by the laws of the State of Texas, whichevgs¥s lower, all costs of collection (including reas attorneys' fees and court costs), and any other amounts provided or permitted hereunder or by law, In the x event that the Assessment or charge cana pene after sixty (60) days from the original dupe, the Condominium Association may, institute to collect such amounts and to foreclose SS ren. The . eS equitable charge and lien provided for i lis Article shall be in favor of the Condominnee ssociation,

S equitable charge and lien provided for i lis Article shall be in favor of the Condominnee ssociation, & Association and its agents the right apt? power to bring all actions against them personayp or the collection S of such assessments and charges aS debt and/or to foreclose the aforesaid lien in theSSAme manner as other liens for the improvement of real property, including non-judicial foreclosure pursuant to Chapter 51 of the | Texas Property Code, as may be amended from time to time; and such Owner hereby expressly grants to the Condominium Association, the right of private power of sale in connection with such lien. The Condominium Association shgfhave the power to bid on the Unit at any fore ure sale and to acquire, hold, lease, mortgage, and &gnvey the same. CO D> ~& 15.05 Certj ate. The Condominium Association shall, ae (10) days of a written request and upon payment ch fee as is from time to time determined by ondominium Association, furnish to any Owner orgjith Owner's Mortgagee which requests the sam@)& certificate in writing signed by the Condominium g\ssociation setting forth whether the Assessmeiys and charges for which such Owner is A responsible bite been paid, and, if not paid, the outstanding arepunt due and owing, together with all fines, 3 accrued iqtetest, and other penalty charges. Such certificatéshall be conclusive evidence binding all but VY & a Declaration of Condominium_FINAL s eager \ A 4 Oe > Dor «Bk Vol Ff OG OG .O WO & ARTICLE XVI & s USE RESTRICTIONS s

@ied therein to have been paid. oe & a Declaration of Condominium_FINAL s eager \ A 4 Oe > Dor «Bk Vol Ff OG OG .O WO & ARTICLE XVI & s USE RESTRICTIONS s 16.0 Use of Common Elements. Owners shall not nage any structural additions or alterations 3 (except ‘ection or removal of non-support carrying int@Rr partitions located wholly within Units). ce The can Elements shall be used only for furnishing.g§the services and facilities for which they are > fain in or on the Limited Common Elements whQh would be unsightly or hazardous. No Owner gjiall Mallow any rubbish, refuse, garbage or trash to agcumulate in places other than the receptacles provided co therefore, and each Unit and the Limited Co Elements shall at all times be kept in a clean edna i oe garbage disposal so far as possible an remainder, along with bottles, cans and othgg$fash shall be & placed in waterproof bags or similar A@ntainers before being placed in the appropriat eptacles. No Ss Owner shall make use of the Limiteq@’ommon Elements in such a manner as to abrid e equal rights of the other Unit Owners entitled to théir use and enjoyment.

16.02 Nuisances. No portion of the Units or Limited Common Elements shall be used, in whole or in part, for the storage of anyyproperty or thing that will cause it to appear to asin an unclean or untidy condition or that will be obng&ous or unsightly to the eye; nor shall any sub e, thing, or material be

or the storage of anyyproperty or thing that will cause it to appear to asin an unclean or untidy condition or that will be obng&ous or unsightly to the eye; nor shall any sub e, thing, or material be kept on any portion of the Gaits or the Limited Common Elements appurtendet thereto that will emit foul or obnoxious odors or case any noise or other condition that will or migha@sturb the peace, quiet, safety, : comfort, or serenity e occupants of surrounding properties. No nag@us or offensive activity shall be ! carried on in any Lee, Limited Common Elements or other portion ePihe Property, nor shall anything be done therein whit’ may be or become an unreasonable annoyance vf nuisance to any Owner. The Board shall have thegight to determine if any equipment, fixture, imppsvement, materials, or activity producing 3 such noise ePodor constitutes a nuisance. In particular, no wher shall play (or permit to be played co in its Uniger in the Limited Common Elements) any musip instrument, phonograph, television, radio or , > the likgQh a way that unreasonably disturbs or anno er Unit Owners or Occupants. No vocal op.

in ental practice is permitted during the hours fr 0:00 p.m. through 9:00 a.m. Additionally, th not be maintained therein any plants, ani s devices or things of any sort whose activiti r existence is in any way noxious, dangerous, ungightly, unpleasant, or of a nature that may dimigish or x estroy the enjoyment of the Units, or any ce ortions of the Property. No outside burning wood, \ leaves, trash, garbage, or household refuse be permitted within the Property. No activity Gpecifically . oe permitted by this Declaration shall be deeffed a nuisance. ~& es ee . & 16.03 Air Conditionin . No window or wall mounted air condition units which are

thin the Property. No activity Gpecifically . oe permitted by this Declaration shall be deeffed a nuisance. ~& es ee . & 16.03 Air Conditionin . No window or wall mounted air condition units which are Ss visible from outside of the Unit se installed in any Unit.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS DECLARATION, EACH OWNER AND THEIR RESIDENTS, GUESTS AND INVITEES WIT THE PROPERTY ACKNOWLEDGE AND E THAT PERMITTED USES OF AIR DITIONING UNITS INHERENTLY INVOLVES ME LEVEL OF NOISE AND THAT SUCKNOISE, IF ANY, SHALL NOT BE DEEMED TQSONSTITUTE A NUISANCE IN ANY ee 16.04 lag The purpose and objective of this Section i Sinaintain a first class community with the residen ssees and guests living in compatible coexistsQce with other financially responsible persons who are of like mind and acceptable both in characteg and comportment. This objective is RY considered ore both important and justified because of the ssity of sharing facilities and because of ° the large onal financial investment of each Owner. Therefore, other than those leases entered into by VW Declaragx? the leasing of the Units by Owners shall be sytiert to the following provisions: e ! 20 Declaration of Condominium_FINAL s Pegfde V © GO oO oO oO se oO Oo e A Doc Pk Vol Fs x x Go © (a) cS Any and all lease agreements between an Ovger and a lessee of such Owner shall & (i) be in pfting; (ii) be for residential purposes, (iii) be fo less than the entire Unit, (iv) be for s aging Agent’s sole discretion, (vi) comply wit ll governmental laws, rules, ordinances } gulations; and (vii) otherwise be in complia&ge with the rules and regulations as may be VY «promulgated and published from time to time b Be Managing Agent or the Board of Directors.

es, ordinances } gulations; and (vii) otherwise be in complia&ge with the rules and regulations as may be VY «promulgated and published from time to time b Be Managing Agent or the Board of Directors.

CF or purposes of clarity, nightly room rentals ag@sfelated services for all or any part of a Unit, sugts O° as AirBnB and VRBO are strictly prohibitegOAny lessee or tenant shall in all respects be subset to the terms and conditions of this Declaf@ion, and the rules and regulations adopted herewAder.

All Limited Common Elements appurtggant to a Unit may be leased only in spn ctioay the a minimum of twelve (12) months; (v) be contingent ae e approval of the Managing Agent, at 4 lease of such Unit. The Owner shal ide the Condominium Association with an e ed copy of each iease and shall be subpy ed to the Condominium Association prompsly following execution. .O +O & x (b) Any les f a Unit must adhere to all provisions of.<$ts Declaration, the Certificate of Formation, the Bylaws, the rules and regulations of the Condominium Association, and the Managing Agent, together with all exhibits and appurtenances thereto, and any other applicable provisions of any other agreement, document or instrument governing the Condominium or administered by theCondominium Association or any other applicable governmental law, rule or regulation. Own wishing to lease their Units shall be joint id severally liable to the Condominium Aggetiation with the lessees of their Unit for any axgdtnt which is required by the Condominium ASsociation to affect such repairs or to pay anystlaim for injury or damage to ‘ property ca by or which is the responsibility of such less§& All leases must provide that the &

ired by the Condominium ASsociation to affect such repairs or to pay anystlaim for injury or damage to ‘ property ca by or which is the responsibility of such less§& All leases must provide that the & lessee sh KBe subject in all respects to the terms and proviggshs of Declaration, and shall provide Ss that the Wadominium Association shall have the right (i)‘to terminate the lease upon default by the tegant in observing any of the provisions of the ation of Condominium, the Certificate 3 . applicable provisions of any agreement, documenper instrument governing the Condominium or. > gSAdministered by the Condominium Associatigg snd (ii) to collect all rental payments due to the?

© Owner and to apply same against unpaid Age sments if, and to the extent that, the Owner io s default in the payment of Assessments. 4.)

(c) Notwithstanding an », herein to the contrary, no lease of a Uni Srder this Section 16.04 may result in more thor two Occupants of a Unit being unrelated. Foxghe purposes distant than the coefficient of latedness for first cousins. A person who is urfslated to another person occupying a Unit owever, be unrelated to additional persons oag}pying such Unit as long as all of such other Odeupants are related to one another as set forth R€rein. Further, in no event shall a lease of a Unit result in a number of Occupants of the Unit exceeding two (2) times the number of bedrooms in such Unit.

16.05 Lishing eee for seasonal decorative lights, vic Thanksgiving Day and J 10 only and in compliance with any re ions of the Condominium

exceeding two (2) times the number of bedrooms in such Unit.

16.05 Lishing eee for seasonal decorative lights, vic Thanksgiving Day and J 10 only and in compliance with any re ions of the Condominium Association promulgated vith respect thereto, the use and nature of all extegter lights and exterior-electrical : outlets must be first ageffoved in writing by the Condominium AssociatiQM. x Oo oO oO 16.06 ahs of Balconies, Patios, and Porches. No grillesSfire pits, or electric, gas, charcoal, or s be displayed between Common Kightent of a Unit unless approved in writing by ndominium Association. No whirlpools S& or hot tuag‘ate permitted on the balcony, patio, porch, or other Limited Common Element of a Unit unless \ approyewin writing by the Condominium Association. , ‘i oe 2a Declaration of Condominium_FINAL s Regezs SF e Lo gas ga’ ° Ss : . O se ° > nO ge \ Doc Bk Vol Fs ° VY ae 2 RX co +O ‘ 16.07 H lous Substances. No flammable, combustible, xplosive fluids, chemicals or other & substances may ept in any Unit or Limited Common Elements@xcept such as are generally used for s normal household purposes. No electric, gas, charcoal or other or ing device intended for outside use is 4 permitted wah the Unit. R Sk nor gay other change of any nature that would affect Qe fireplace’s compliance with applicable fire agg?

Ss 16.09 Subdivisions. No Owner shal divide or subdivide a Unit for purpose of sale. 3 9° 9 ciation. The Condominium Association shall have the power

agg?

Ss 16.09 Subdivisions. No Owner shal divide or subdivide a Unit for purpose of sale. 3 9° 9 ciation. The Condominium Association shall have the power (but not the obligation) to grant relief in g9fticular circumstances from the provisions of spegpfic restrictions contained in this Article XVI for gzoog{sause shown as determined by the Condominiunssociation in its sole discretion.

Ss Ss 16.10 Relief by Condominium 16.11 Effect on Declarant. Subject to the following exceptions, the restrictions and limitations set forth in this Article XVI shall not apply to Declarant or to Units owned by Declarant. Declarant shall not be exempt from the restrictions, if any, relating to requirements that leases er lessees be approved by the Condominium Associatigg et restrictions, occupancy of Units based on a: d vehicular restrictions, except as such vehicu uCestrictions relate to Declarant's construction, Ghaintenance and marketing activities. & e re ‘Sy + Ss RULEMAKING a 17 RR Rules and Regulations, Subject to the provi ios hereof, the Condominium Association or R the Mi g Agent may establish reasonable rules angyegulations concerning the use of Units, the Commgyf Elements and facilities located thereon. nS of such rules and regulations and ction a the shall be furnished to all Owners prior to ffective date of such rules and regulations ndments thereto. Such rules and regulations s| binding upon the Owners, their families, t S, ests, invitees, servants, and agents, until and upleSs any such rule or regulation be specifically overruled, g canceled, or modified by the Condominium Asq@pviation or the Managing Agent.

e Co 17.02 Authority and Enforce’ . Upon the violation of this Declaration, on@hy rules and

on be specifically overruled, g canceled, or modified by the Condominium Asq@pviation or the Managing Agent.

e Co 17.02 Authority and Enforce’ . Upon the violation of this Declaration, on@hy rules and which shall constitute an equitableDharge and a continuing lien upon the Unit, the QWners, Occupants, or guests that are guilty of such violation; or (ii) to suspend an Owner's right (and the right of such Owner's family, guests, and tenants and of the co-Owners of such Owner and their respective families, guests, and tenants) to use any of the Common Elements, and the Condominium Association shall have the power to impose all or any combinatiopsSf these sanctions. An Owner shall be subject t foregoing sanctions in the event of sucha votog it Owner, his family, guests, or tenants or byt co-Owners or the family, guests, or tenants of his c¢XOwners. Any such suspension of rights may be Rr the duration of the infraction and for any addition riod thereafter, not to exceed thirty (30) cog fines levied and assessed as provided for in this $$ttion 17.02 herein shall be a lien upon the appligable Unit in the same manner as that ° provided for in So¢fton 15.01 herein. The effect of the non-paymeXof such fines and the remedies of the s Condominium Association to enforce collection thereof shall be fhe same as those provisions provided for ‘A in Section 1 herein. Q Q 3 e e 2 O \ EO WO Ww x & < 2a Declaration of Condominium_FINAL s Rage'30 X x © GO oO x g < s Se naepbOt_, BK Vol fg oO e | & ARTICLE XVIII & é s AMENDMENT of s

e 2 O \ EO WO Ww x & < 2a Declaration of Condominium_FINAL s Rage'30 X x © GO oO x g < s Se naepbOt_, BK Vol fg oO e | & ARTICLE XVIII & é s AMENDMENT of s 18.058 Amendments by Declarant. This Declaratiggs including the Plans and Plat, may be 3 amended any by vote or agreement of Unit Owners (inclu Declarant, while it holds title to a Unit) to VY which a@fast sixty-seven percent (67%) of the votes in ondominium Association are allocated. While. & Decgerint controls at least sixty-seven percent (679QS6E the votes in the Condominium Associatigst @vever, that, with the exception of the addition sDany portion of the Additional Property to the teds of OS Owner's right to the use and enjoyment of hig or the Common Elements as set forth in thik laration WV or adversely affects the title to any Unit,@0ch amendment shall be valid only upon the RS en consent ‘ oe thereto by a majority in number of the 14M existing Owners affected thereby; or (ii) in thg}svent that such & amendment would materially and a ely affect the security title and interest of origagee, such Ss amendment shall be valid only uw; € written consent thereto of all such Mortg: so affected. Any amendment made pursuant to thi$ Section 18.01 shall be certified by Declarant “as having been duly ; approved by Declarant, and by such Owners and Mortgagees if required. Each Owner, by acceptance of a | deed or other conveyance to a Unit agrees to be bound by such amendments as are permitted by this Section

by Declarant, and by such Owners and Mortgagees if required. Each Owner, by acceptance of a | deed or other conveyance to a Unit agrees to be bound by such amendments as are permitted by this Section 18.01 and further agrees that, ifyequested to do so by Declarant, such Owner willgonsent to the amendment of this Declaration or any oer instruments relating to the Property (a) if sucamendment is necessary to bring any provision heregfér thereof into compliance or conformity with ty provisions of any applicable governmental statue, r 4@ or regulation or any judicial determination wit shall be in conflict therewith, J (b) if such amendmeg\s necessary to enable any title insurance agin to issue title insurance coverage & with respect to its subject to this Declaration, (c) or if such a ent is required by an institutional s or governmentaMender or purchaser of mortgage loans, includitg, for example, the Federal National Mortgage Asgsviation or Federal Home Mortgage Corporation enable such lender or purchaser to make 3 or purchage@ht rtgage loans on a Unit, or other improvemeng#u ject to this Declaration. OF > . .

‘ oF3.02 Particular Amendments. Section 18 Sereit shall not apply to amendments to thi Ow Degfptation by the Declarant in connection with the agWition of the Additional Property to the Prope ided in Section 5.02, or the exercise of rights affe Declarant pursuant to Section 5.04 or SectionQ%06, or any amendment rights provided to Declarant in Texas Property Code Section 82.067(b) ogeection \ O° Owners, as provided in Texas Prope Code Sections 82.067(b) & 82.067(h). &

othig@herein or in O° Owners, as provided in Texas Prope Code Sections 82.067(b) & 82.067(h). & s S S 18.04 Effective Date of Amendment. An amendment to this Declaration is effective only when made by an instrument in writing filed and upon the date when it is recorded in the Public Records of Brazos County, Texas or at such later date as shall be specified in the amendment itself.

SR ARTICLE XIX Se WO no officer or directgx@f the Condominium Association shall be li to any Owner of any Unit or any Occupant, for oy claims, actions, demands, costs, expenses oe attorney’s fees), damages or RY liability, of ind or nature, except as otherwise expressly orth in the Bylaws and such officers and x directors $i be indemnified in accordance with the provigiGas of the Condominium Documents. NS D & Ss .O nO we x & § 2a Declaration of Condominium_FINAL s Rages s 3 ~ & & e 4 A _. Doc Bk Vol Fg eo C | 2 Loe : 19.02 Li ion of Liability of Condominium Association. Awe Condominium Association shall & not be liable: (AF injury or damage to any person or property ca! by the Common Elements or by an s Owner or Occypant, or any other Person, or resulting from any ytility, rain, snow, or ice, which may leak y or flow from@rover any portion of the Common Elements, or, any pipe, drain, conduit, appliance, or Se equipmey ich the Condominium Association is responglb to maintain under this Declaration; (ii) to VY or ugQe any of the Common Elements, or (iii) to any Q@Mer or Occupant for any damage or injury causgé

or ugQe any of the Common Elements, or (iii) to any Q@Mer or Occupant for any damage or injury causgé nee 19.02. ae S Se 19.03 Right of Action b N Condominium Association. Owners, actipg™collectively or individually, shall have the ri ‘5 oe actions against the Condominium Ascopibton for its willful failure to perform its duties and}esponsibilities x hereunder; provided, however, no o ction may be brought against the CondominiunAssociation or its ws affiliates, parents, subsidiaries, offights, directors, agents, employees, predecessors, Leressors, contractors, consultants, insurers, sureties, and assigns by the Owners. The Condominium AssoCiation shall not have the power to institute, defend, intervene in, settle, or compromise litigation or administrative proceedings in the name or on behalf of any Owner or with respect to any portion of the Condominium except the Common Elements. Subject tg the Condominium Association’s obligations unger the Declaration, each Owner hereby releases, ac eR, d forever discharges the Condominium Agiiciation, and its affiliates, parents, subsidiaries, rs, directors, agents, employees, predece: , successors, contractors, consultants, insurers sass and assigns and agrees to hold such Pers armless of and from any and .

all claims, damages ilities, costs and/or expenses (including reasom@Ple attorney’s fees) relating to the xX construction of, re or restoration of, or the sale to the Gers ech Units or the Common Elements. © This release shaltrelease and forever discharge the Condomini ssociation and its affiliates, parents, S

nstruction of, re or restoration of, or the sale to the Gers ech Units or the Common Elements. © This release shaltrelease and forever discharge the Condomini ssociation and its affiliates, parents, S subsidiaries, QNicers, directors, agents, employees, predece , successors, contractors, consultants, \ insurers, safer les, and assigns from all claims and causes of aon, whether statutory or under the common ce law, knogen or unknown, now accrued, or that arise in thes Bure. & CO & 19.04 GENERAL INDEMNITY OF DEC. T AND CONDOMINIUM ASSOCIATIQ#.

OWNERS AND OCCUPANTS, INDIVIDU. Y AND COLLECTIVELY, EXPRESSLY Ai E ato INDEMNIFY, DEFEND, AND HOLD ESS DECLARANT, THE CONDO x ASSOCIATION, THE BOARD, AND THEI SPECTIVE AFFILIATES, OFFICERS, DIRE TORS, WV EMPLOYEES, AND AGENTS (EACH GIN “INDEMNIFIED PARTY”), INDIVID Y AND . oe COLLECTIVELY, FROM ANY AND CLAIMS BY ANY PERSON ARISING O SULTING Xe FROM, SUSTAINED OR INCU: M8Y ANY INDEMNIFIED PARTY, OR WHI AN OR MAY & ARISE, RESULT, BE SUSTAINE INCURRED, OR WHICH CAN OR MAY E, RESULT, BE Ss SUSTAINED OR INCURRED CONNECTION WITH (I) THE EXERCISMOR FAILURE TO EXERCISE OR THE USE OR MISUSE OF ANY OF SUCH PERSON’S RESPECTIVE RIGHTS OR OBLIGATIONS CONTAINED IN THE CONDOMINIUM DOCUMENTS; (il) THE BREACH BY AN OWNER OR OWNERS OF PROVISION OF THIS DECLARATION; ({I]) ANY HAZARDOUS SUBSTANCE, ON, IN, UNGER. OR IN THE AIR ABOVE, ALL OR ANY P. OF THE PROPERTY; OR (IV) THE NEGLIGE » FRAUD, WILLFUL MISCONDUCT, OR MINAL MISCONDUCT OF AN OWNER OR QYBNERS. Bo | . & ARTICLE XX & $ S MEDIATION AND ARB ON Ss 20, S Mediation, All Disputes, except those relatiggs equitable remedies, which shall not be a

Mediation, All Disputes, except those relatiggs equitable remedies, which shall not be a the Cogminium Documents) shall be submitted for, or @ermined by non-binding mediation. Mediation oe 2908 Declaration of Condominium_FINAL s pages A Fe se Se ga’ ga’ Doc Bk Vol Fs Ss 8 OG OG nN nN +O nO & of any Dispute sha initiated by any Owner making a written dengnd therefore to the other Owner or ° Owners involv n such Dispute and the Condominium lation; provided, however, if the s Condominium Association is a party to any such Dispute the rorgominium Association shall have the right \ to elect not be governed by the provisions of this Article b ing to the Owner or Owners, within ten x (10) da <Ser the Condominium Association’s receipt Sta Owner or Owners of a demand for VW mediag of a Dispute, written notice of the Condominig@i Association’s election not to be governed bye the ggsVisions of this Article and to instead exercise tigCondomininm Association’s remedies at law ong e . With respect to such mediation, the parties sh@ , within ten (10) days after delivery of such ween Wice to the Condominium Association, appoint aSediator who is: (i) a reputable person actively eftgaged S in the commercial real estate industry for a conti&quous period of not less than ten years and (ii) Bano way VS Association. If the parties are unable. to gefee upon a mediator, a mediator having the quau ications set 2 forth above shall be appointed by the thempresiding judge of the United States District C f the Houston

. If the parties are unable. to gefee upon a mediator, a mediator having the quau ications set 2 forth above shall be appointed by the thempresiding judge of the United States District C f the Houston Division of the Southern District of or such other service as may be recommendgby the State Bar of Texas. Such mediation shall r within thirty (30) days after the mediator een appointed and shall occur at a mutually acceptable location in Brazos County or Harris County, Texas. The costs of such mediation services shall be shared equally (but each party shall bear the cost of their own travel and attorneys’ fees); provided, however, that if the Dispute is not resolved pursuant to such mediation, the provisions of Section 21.01 ofthis Declaration shall govern the payment of attqmeys fees and costs and expenses of mediation and aPitration under this Article. eo 20.02 Final %: Arbitration. If the parties are unable to reset any Dispute at mediation, no .

later than thirty (30)@endar days after the parties have reached an ince at mediation, the parties shall & submit their Dis wePto binding arbitration. The parties agree to <e a single impartial arbitrator from a s list taken from tit¥American Arbitration Association of commerciaMarbitrators, and if they cannot agree on an arbitratorpech party shall select a person and those two & so selected shall then select the single 3s impartial tor who shall thereafter serve as arbitrator¢ Phe issues in dispute shall be submitted as ce

fer arbitration, whereby each party sha submit what it deems to be its most reasonable > no rection to select or award a position other than tgelect one of those submitted by the parties. To.d | nt rules governing arbitration are deemed nece§ary by the arbitrator (or by agreement of the paddies); e current Rules for Commercial Mediation ad Arbitration promulgated by the American Aryitration x Association shall apply. Any award that is regdered by the arbitrator shall be accomplished Ohiter than WV ten (10) days from the initiation of the a6itration procedure. The parties may resort t court of or parties whose position is not select& or awarded shall be responsible for all attornggs fees, costs and expenses (incurred in connection ie the mediation and arbitration of a Dispute un is Article) of the party whose position is selected omwarded for the arbitration of the Dispute under ffs Article.

20.03 Exclusive Remedy. With respect to any Dispute subject to arbitration under this Article it is agreed that the arbitration provisions of this Article shall be the sole remedy of the Owners involved in such Dispute. Notwithstand@$ any other provisions of this Declaration, oregoing agreement to arbitrate shall be specifica? enforceable under prevailing arbitration law. Whe foregoing agreement to arbitrate shall not consti¢gte any agreement or consent to arbitration of ispute, claim, controversy or matter that does codhan a “Dispute” as such term is defined in Declaration or not described in &

arbitrate shall not consti¢gte any agreement or consent to arbitration of ispute, claim, controversy or matter that does codhan a “Dispute” as such term is defined in Declaration or not described in & this Declaration or any Person not named or described in this Degi@Yation, provided that any arbitration S proceeding initi under the terms of this Section 20.03 may, atQfie request of any party, be joined or Ss consolidated woth other arbitration proceedings involving additignal parties if the Dispute and the subject \ of such otheproceedings arise out of common or interre factual occurrences. Any award of the SF arbitratonghall be final and binding upon the Owners involvedn the Dispute and such Owners’ Mortgagees and nogs@ppealable Judgment thereon may be entered x court having jurisdiction. O 2a Declaration of Condominium_FINAL Ss Pagh'ss s\ 3 ~ Dor Pek Vol WV > WO Ss + 20.04 “Dj§pute.” Any claim, grievance or other dispute sing out of or relating to: (i) the 3 | interpretation, apfication or enforcement of the Condominium uments; (ii) any conflict or dispute Ts | arising between or among two or more Owners; (iii) the proper party to bear a maintenance cost or expense A or a capital nditure or the proper amount of the expense, r Assessment to be charged or collected; Q Up or (b) alter, subtract from or add to the Commop@lements or the Condominium; (vi) the interpretag%n

Up or (b) alter, subtract from or add to the Commop@lements or the Condominium; (vi) the interpretag%n \ The following shall not be considered “IXisputes” unless all parties shall otherwise agregxo submit the . Ro matter to arbitration pursuant to this Are XX: (i) any suit by the Condominium Assogi@on to obtain a cS temporary restraining order and such Agvillary relief as the court may deem necessary t intain the status S Documents; (ii) any suit between Owners that does not include Declarant and the Condominium Association if such suit asserts a dispute that would constitute a cause of action independent of the Condominium Documents; (iii) any disagreement that primarily involves title to any Unit or the Common | Elements; or (iv) any suit in which the applicable statute of limitations would expire within one hundred eighty (180) days of the Bivahe of notice as provided in this Article XX unless Persons against whom the Dispute is made agree fe'toll the statute of limitations for a period of timeecessary to comply with this Article XX. Lo Loe < § © ARTICLE XXE cS S GENERAL PROVISIONS pursuantXo this Declaration, as either of the same may bheawfully amended from time to time, and with >

of timeecessary to comply with this Article XX. Lo Loe < § © ARTICLE XXE cS S GENERAL PROVISIONS pursuantXo this Declaration, as either of the same may bheawfully amended from time to time, and with > of eyance to his Unit, if any. Failure to complygpith any of the same shall be grounds for imposip; , for suspending voting rights or rights of useyt and to the Common Elements, or for institutiges action to recover sums due, for damages, and/or for injunctive relief, such actions to be maintainable by the 2 'Condominium Association, or, in a proper & , by an aggrieved Owner. Should the parecer ©” Association employ legal counsel to enforg&any of the foregoing, all costs incurred in suc orcement, > including court costs and reasonable attorneys’ fees, shall be paid by the violating Owner., pssmuch as the & rules and regulations are essential forghe effectuation of the general plan of developrs$nt contemplated & hereby and for the protection of pregGht and future Owners, it is hereby declared y breach thereof Ss may not adequately be compensated by recovery of damages, and that the Condontium Association, or any aggrieved Owner, in addition to all other remedies, may require and shall be entitled to the remedy of injunction to restrain any such violation or breach or any threatened violation or breach. No delay, failure, or omission on the part of the Condominium Association, or any aggrieved Owner in exercising any right, power, or remedy herein provided shall be construed as an acquiescence thereto Shall be deemed a waiver of the right to enforce suc it, power, or remedy thereafter as to the same eStiion or breach, or as to a

r remedy herein provided shall be construed as an acquiescence thereto Shall be deemed a waiver of the right to enforce suc it, power, or remedy thereafter as to the same eStiion or breach, or as to a violation or breach occ g prior or subsequent thereto, and shall not r affect its enforcement. No right of action shall e nor shall any action be brought or maintain anyone whatsoever against the or breach, or ned violation or breach, by any Person of thefovisions of this Declaration, or any rules and regulations however long continued. 3 fe) Gi Duration. The provisions of this Declaratigg Shall run with and bind title to the Property, V shall bes nding upon and inure to the benefit of all Ovgyers and Mortgagees and their respective heing & 228 Declaration of Condominium_FINAL s reps Fe S Ss eo Lo LO s 2 we Enforcement. Each Owner shall comply sefaty with the rules and regulations adopted co Ss Doc Bk Vol Fs 91300343 OR 14982 gs gs ° ° OG OG my WO executors, legal repeeentatives, successors, and assigns, and shall bedfid remain in effect for a period of thirty (30) years $m and after the date of the recording of th claration, provided that rights and easements which are stated herein to have a longer duration shall have such longer duration. Upon the expiration ioe thirty (30) year period, this Declaration shall lg automatically renewed for successive ten 255 ods. The number of ten (10) year renewal pefigds shall be unlimited, with this Declaration eo (10) year 62

ber of ten (10) year renewal pefigds shall be unlimited, with this Declaration eo (10) year 62 addigSqrfal ten (10) year period; provided, however, ti@v’ there shall be no renewal or extension of thé Deration, if, during the last year of the initial thir 0) year period or the last year of any ten (10) ewal period, eighty percent (80%) of the Ownet ote in favor of terminating this Declaration at thOénd -\of the then current term. In the event that the Qwners vote to terminate this Declaration, an instrument oe evidencing such termination shall be filed o GRord in the Public Records of Brazos County, , such N Lo = N Lo S Ss se se ro instrument to contain a certificate wherein Me Condominium Association swears that such tepgMfnation was by acceptance of a deed or other conve¥énce therefore, thereby agrees that the provisions his Declaration shall run with and bind title to the RPperty as provided hereby. s 21.03 Interpretation. In all cases, the provisions set forth or provided for in this Declaration shall be construed together and given that interpretation or construction which, in the opinion of the Condominium Association wil\ best effect the intent of the general plan of development. The provisions hereof shall be liberally integfte ed and, if necessary, they shall be so extendeg@r enlarged by implication as to make them fully effective. The provisions of this Declaration shall fe given full force and effect

ake them fully effective. The provisions of this Declaration shall fe given full force and effect County, Texas. captions of each Article and Section hereof agtto the contents of each Article and Section are inserttd only for convenience and are in no way to be coNstrued as defining, limiting, extending, or otherwise ifying or adding to the particular Article or S n to which they refer. This Declaration shall be c 21.04 Usury. It is the intent of Declarant, t @ondominium Association, and the Owners th ° the @Sndominium Documents be in strict complianceapith applicable usury laws of the State of Texas.

erance thereof, said parties stipulate and agr at none of the terms and provisions contained {the Condominium Documents shali ever be construe to create a contract to pay for the use, forbeasance or x detention of money, interest at a rate in excegQo the maximum interest rate permitted to be ged by applicable laws of the State of Texas. The Qwners or other parties now or hereafter beco: ihe liable for payment of sums owing under the terms e Condominium Documents shall never be iar unearned interest at a rate in excess of the maxism interest that may be lawfully charged under gfplicable laws of the State of Texas, and the provig s of this section shall control over all o eeSprovisions of the Condominium Documents in cofMict herewith. In the event that the Declar the Condominium Association or any of its designated agents shall collect monies which are deemed to constitute interest at

the Condominium Documents in cofMict herewith. In the event that the Declar the Condominium Association or any of its designated agents shall collect monies which are deemed to constitute interest at a rate in excess of that permitted to be charged by applicable laws of the State of Texas, all such sums deemed to constitute interest in excess of the legal rate shall be immediately returned to the Owner or other party so paying said monies a such determination. Rk 21.05 Fair Houging. Neither Declarant nor any Owner shall, either directly or indirectly, forbid the conveyance, enc ance, renting, leasing, or occupancy of the $ unit to any person on the basis of race, color, sex, r@igion, familial status, ancestry, or national orig 21.06 . Reasonable Accommodations. Notwithstandingany other rule, regulation, or restriction, the Board angrhe Declarant shall make reasonable accommodawns in the rules, regulations, or restrictions if such agSémmodations may be necessary or appropriate fe afford a person with a disability an equal VJ opportys@ty to use and enjoy the Condominium. . oe We es ce 2 ot © 2830: Declaration of Condominium_FINAL Ss Rege'ss N oD ed under and in accordance with the laws of te tate of Texas. co \ x Se x > oO oF 21.07 Geng and Grammar. The singular wherever used hefin shall be construed to mean the & plural when applisfd e, and the necessary grammatical changes reqQired to make the provisions hereof s apply either to sprporations or other entities or to individuals, men of women, shall in all cases be assumed as though in & case fully expressed. g Oo 9° 2308 Severability. Whenever possible, each pregsion of this Declaration shall be interpreted in >

individuals, men of women, shall in all cases be assumed as though in & case fully expressed. g Oo 9° 2308 Severability. Whenever possible, each pregsion of this Declaration shall be interpreted in > such gefiner as to be effective and valid, but if the ap ion of any provision of this Declaration to Y pergh or to any property shall be prohibited or held peralid, such prohibition or invalidity shall not xis other provision or the application of any pro®8ion which can be given effect without the ingiid s\provision or application, and to this end the proyagions of this Declaration are declared to be severakle.

N 21.09 Rights of Third Parties. Tay Declaration shall be recorded for the benefit gfWeclarant, ; oe the Owners, and their Mortgagees as heregn*provided, and by such recording, no adjoinin rty Owner ! & or third party shal! have any right, title interest whatsoever in the Property, except as ided herein, or | Ss in the operation or continuation thergDt or in the enforcement of any of the provisions Qereof, and, subject to the rights of Declarant and MortBagees as herein provided, the Owners shall havé'the right to extend, modify, amend, or otherwise change the provisions of this Declaration without the consent, permission, or approval of any adjoining Owner or third party.

21.10 Notice of Sal Lease, or Mortgage. In the event an Owner aah leases, mortgages, or otherwise disposes of any Gnit, the Owner must promptly furnish to the NSaaging Agent in writing the @ u 8 .O 21.11 caninum Information; Resale Certificate. In setihace with Texas Property Code s Section 207.003, Nat later than the tenth (10") business day after the Wie a written request for condominium Ss

.O 21.11 caninum Information; Resale Certificate. In setihace with Texas Property Code s Section 207.003, Nat later than the tenth (10") business day after the Wie a written request for condominium Ss information. iggeceived from an Owner or the Owner’s agent, chaser of property in a subdivision or \ the ro or a title insurance company or its agepia ting on behalf of an Owner or purchaser, S&F and the egidence of the requestor’s authority to order ng Certificate under Section 207.003(a-1) of the XV Te perty Code is received and verified, the Cond, ium Association shail deliver to the Owner o, oe the er’s agent, the purchaser or the purchaser’s t, or the title insurance company or its agent, is < fgifSwing information: S Ss ge (a) A current copy of tyegbecaration, including all amendments, and @ other GC restrictions applying to the Condorku m; GO 2 > +O oO (b) A current copgSt the Bylaws and rules and regulations of gSCondominium Association; 9 Oo Ss Ss . (c) A resale certificate prepared not earlier than the sixtieth (60th) day before the certificate is delivered that complies with Texas Property Code Section 207.003(b), as such section may be amended or renumbered from time to time. 4 The Condominium Associg§in may charge a reasonable fee to assemble, copgQind deliver the information and may charge a reasongble fee to prepare and deliver an update of a resep> certificate.

OG 21.12 No Rios Whenever the Condominium Associan, and its respective successors, o: assigns, agents, Qyemployees are permitted by this Declaration tOtnter upon or correct, repair, clean, ws maintain, presegve, or do any other action within any portion of the Property, the entering thereon and the 5 taking of agypestion shall not be deemed to be trespass. S&F oO oe

, ws maintain, presegve, or do any other action within any portion of the Property, the entering thereon and the 5 taking of agypestion shall not be deemed to be trespass. S&F oO oe Unofficial Copy Unofficial ay 10: Declaration of Condominium_FINAL cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Unofficial Copy Unofficial Copy Unofficial Copy Not ficial Copy Unofficial Copy Unofficial Copy Unofficial Copy [Space intentionally left blank. Signatures appear on the following page.] 21.13 and shall be delivered by hand or COPY Unofficial Copy bes. Notices required hereunder shall be in writin sent by United States Mail, postage prepaid. All notices to Owners shall be delivered or sent to such addresses as have been designated by such Owners. All notices to Declarant shall be sent of delivered to Declarant's nam office at 2100 Traditions Blvd., Bryan, Texas 77807, or to such other address as the Declarant way from time to time notify the Owners. Notices to Notice to Mortgagees shall be delivered or sent to such addresses as such Mortgagees specify in writing to Declarant.

Unofficial Copy Unofficial Copy Unoff Doc Bk Vol 01300343 OR 14082 وع 257 Unofficial Copy Unofficial Copy Unoff cial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unoff !

Doc Bk Vol 01300343 OR 14082 Fg 258 2017: ersigned Declarant have executed IN WITNESS WHEREOF, duly authorized officers of the unffic Unofficial Copy this Declaration under seal, this 14 day of JUNE Unofficial Copy Unofficial Cop official Copy Unofficial Copy Unofficial Copy Unoff Copy Tradions Acquisition Partnership, L.P., a Texas limited partnership Traditions Acquisition Partnership GP, LLC Its General Partner

official Cop official Copy Unofficial Copy Unofficial Copy Unoff Copy Tradions Acquisition Partnership, L.P., a Texas limited partnership Traditions Acquisition Partnership GP, LLC Its General Partner Texas limited liability company Unofficial Copy Uno XANON By: W. Spencer Clements, Vice President STATE OF TEXAS COUNTY OF BRAZOS of June as acknowledged before me on the 14 day of This instrumentia Spencer Clements, Jr flas Copy Copy 20 by W.

om his capacity as Vice President of Traditions Acquisition Partnership GP, LLC, a Texas limited liability company, the General Partner of Traditions Aquisition Partnership, L.P., a Texas limited partnershi Unofficial Copy Unofficial Cop Unofficial Copy Unofficial Copy 282.

cial Copy Declaration of Condominium_FINAL - official Copy Unofficial Copy NATALIE ANN ROSSER ★ Notary Public, State of Texas Comm. Expires 01-27-2021 Notary ID 130983998 NOTARY PUBLIC, State of Texas cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff 38 cial Copy Unofficial Copy Unoff Doc 01300343 Bk Vol OR 14082 Fg 259 Unofficial Copy Unofficial Copy Unoff TAP Construction, L By: Uno, a Texas limited liability company Traditions Acquisition Partnership, L.P., a Texas limited partnership Its So -80 Member a Texas limited liability company Traditions Acquisition Partnership GP, Lal Co 888 $ Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Its General Partner By: STATE OF TEXAS W. Spencer Clements, Or., Vice President June 2017 by W.

This instrument was acknowledged before me on the 14 day of Spencer Clements, Jr., in his capacity as Vice President of Traditions Acquisition Partnership GP, LLC, a Texas limited liability company, the General Partner of Traditions Acquisition Partnership, L.P., a Texas

ments, Jr., in his capacity as Vice President of Traditions Acquisition Partnership GP, LLC, a Texas limited liability company, the General Partner of Traditions Acquisition Partnership, L.P., a Texas limited partnership, the Sole Member of TAP Construction, LLC, a Texas limited liability company.

COUNTY OF BRAZOS Unofficial Copy Unofficial Copy Unofficial UnRossek cial Copy Unofficial NOTARY PUBLIC, State of Texas NATALIE ANN ROSSER ★ Notary Public, State of Texas Comm. Expires 01-27-2021 Notary ID 130983998 !

Scial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff Unofficial Copy cial Copy official Copy Unofficial Copy Declaration of Condominium_FINAL Pa cial Copy Unofficial Copy Unoff Consent of Traditions Club Bryan, ficia Unofficial Copy Unofficiel Copy Unofficial Copy Unofficial Copy Doc Bk Vol 01300343 OR 14082 TRADITIONS CLUB BRYAN, LP, a Texas limited partnership and operator of the Club, as defined in this Declaration, hereby consents to this Declaration and specifically to the obligation of each Unit Owns to obtain and maintain a Club membership; provided, however, such obligation at all times remain object to all rules and regulations of the Club and By: Unofficia accordance with the Club Plan.

Traditions Club Bryan GP, LLC, Unofficial Copy STA FE OF TEXAS Unofficial Copy Unofficial Copy Unofficial Copy COUNTY OF BRAZOS a Texas limited liability company its General Partner By: Fو 260 Copy Unofficial Copy Unoff Traditions Acquisition Partnership, L.P., incial a Texas limited partnership its Managing Member By: Traditions Acquisition Partnership GP, LLC, a Texas limite liability company its General Partner W. Spencer Clements, Jr., Vice President Unofficial Copy Unofficial Copy Unofficial June 17, by W.

By: Traditions Acquisition Partnership GP, LLC, a Texas limite liability company its General Partner W. Spencer Clements, Jr., Vice President Unofficial Copy Unofficial Copy Unofficial June 17, by W.

This instrument was acknowledged before me on the 4 day of Spencer Clements, Jr., Vice President Traditions Acquisition Partnership GP, LLC, Texas limited liability company, the general partner of Traditions Acquisition Partnership, L.P.

Texas limited partnership, the managing member, Traditions Club Bryan GP, LLC, a Texas limited liability company, the general partner of Traditions Club Bryan, LP, a Texas limited partnership, on behalf of such limited partnership.

Natale Rasse NOTARY PUBLIC, State of Texas Scial Copy Unofficial Copy Unofficial Copy Declaration of Condominium_FINAL OTAR NATALIE ANN ROSSER 98 Netary Public, State of Texas Comm. Expires 01-27-2021 Notary ID 130983998 Scial Copy Unofficial Copy Unoff Unofficial Copy Unofficial Copy Consent of Extraco Banks Doc Bk Vol 01300343 OR 14082 EXTRACO BANKS, N.A., a National Banking Association, joins herein solely for the purpose of subordinating its lien of record against the Property to the covefrants, conditions, and restrictions contained in this Declaration; provided, however, such subordination of EXTRACO BANKS, N.A.'s lien does not extend to any lien or charge authorized or imposed by this Declaration.

Unofficial Copy Unoffrero STATE OF TEXAS COUNTY OF BRAZOS This instrument Steve mobles banking association son Unofficial Copy Unoffici 888 copy By: Unofficial Copy Unoffie Na Title: City President Steve Mobley City President Fg 261 Unofficial Copy Unofficial Copy Unoffi as acknowledged before me on the 14th day of June On behalf of such national banking association.

PAT CEARLEY Notary Public STATE OF TEXAS

City President Fg 261 Unofficial Copy Unofficial Copy Unoffi as acknowledged before me on the 14th day of June On behalf of such national banking association.

PAT CEARLEY Notary Public STATE OF TEXAS ID#1082724-4 My Comm. Exp. Dec. 27, 2020 of EXTDA Copy 2017, by CO BANKS, N.A., a national NOTARY PUBLIC, State of Texas Unofficial Copy Unofficial copy Unofficial Scial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff Scial Copy Unofficial Copy Unofficial Copy 28320 Declaration of Condominium_FINAL Page Scial Copy Unofficial Copy Unoff EXHIBIT "A" INITIAL PROPERTY Doc Bk Vol 01300343 OR 14082 Lot One), Block One (1), The Traditions Subdivision Phase 19, City of Bryan, Texas, Unofficianopy Unofficial Copy Unoffing to plat recorded at Volume 13746, Page 278, Official Records, Brazos County according Fg 262 Texas, according to plat recorded at Volume 13746, Page 278, Official Records Brazos Texa Unofficial CopyCommon Area One (1), Block One (1), The Traditions Subdivision Phase 19, City of Bryan, County, Texas.

Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Cony Unofficial Copy Unoff Unofficial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff icial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unoff Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy EXHIBIT "B" Doc BK Vol Pg Unoffical Copy Unofficial Copy Unofficial Copy ADDITIONAL PROPERTY [none Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy

nofficial Copy Unofficial Copy ADDITIONAL PROPERTY [none Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy jal Copy jal Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoffic Unofficial Copy Unofficial Copy Unofficial Copy Unoffic Unofficial Copy Unofficial Copy Unofficial Copy Unoffic Unofficial Copy Unofficial Copy Unofficial Copy jal Copy Unoffic jal Copy 1.

EXHIBIT "C" PLANS AND PLA Doc Bk Vol 01300343 OR 14082 at Volume 13746, Page 278, Official: Recorded Plat of Initial Property recorg Phase I of The Villages at Yions nofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Reords, Brazos County, Texas 2.

MUST BE BUILT 3.

Floorplan and Elevations, tions Condominium, consisting of 17 Units which Unofficial Copy Unofficial Copy Unofficial Copy Unofficial F 264 Unofficial Copy Unofficial Copy Unoff Unofficial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff icial Copy Unofficial Copy Unofficial Copy cial Copy Unofficial Copy Unoff i 442.00 Unofficial Copy Unofficial Copy Unofficial copy LOT LOTI Doc Bk Vol 01300343 OR 14082 COORDINATES AND BESTEN DES ON THE LOTI 17.311 AQ MLOCKI Raceister-364576 Lauren Reisting STATE OF TEXAS |berts telife that this stom 120d the detemistard www md ves quis recurent in the voivut and rere of the Wficial Public représ BRAZOS COMEY Document Huber 0128011 leont 75.06 As a BRAZDE COLAST Dac 06-20 117254

ife that this stom 120d the detemistard www md ves quis recurent in the voivut and rere of the Wficial Public représ BRAZOS COMEY Document Huber 0128011 leont 75.06 As a BRAZDE COLAST Dac 06-20 117254 547 23 20-04.22 W. VILLA MARIM GAD Unofficial Copy Unofficial Copy Unofficial copy CIMNIIN ARIAL OKATURAL VIRONTATIVE AREAS /1 SCALE IN FEET 348 05 0-100.31 ANDRENICATI BKLUB BILLE DRIVE KLOCK2 COMMON ARBA L NAC LOTI LOT 1 LOTS & TRADITIONS DEVE 121.80 COMOMIN AREA 1 NATURAL VIBONTATIVE AREA) Unofficial Copy Unofficial Copy Unofficial Copy LOT 4 LOTS BL BLOCK 1 LOTS LOT ?

LOT S LOT S27DEE-1.91 Te INSET A 1- 20 イナコイ TRADITION LEYARD LBOEND Official Copy Unofficial Copy APPROVAL OF THE THE CITY PLA cial Copy Unofficial Copy Unofficiat copy by: Hay Mantarkare CATION OF THE COUNTY CLERK RPLE CERTIFICATION OF THE SURVEYOR VICINITY MAP PROJECT cial Cony noticiar Copy Unovicial.co CALL: HEFTIRLATANSOFALMECA --10 PER CTY THE 2. NO PORTION OF THE YEAR FOODPLAN RATE MAP POR 1/2 WOW ROLET CORNERS AND ANGLE LOT Fg 265 officiat Copy Unofficial Copy Unoff A Unofficial.Copy Woofficial Copy Unoffi ACRE TRACK THE ACT FACT FINAL PLAT THE TRADITIONS SUBDIVISON OWN DEVELO PHASE 19 19.381 ACRES THOMAS S. WOOTEN LEAGUE, A-39 BRYAN, BRAZOS COUNTY, TEXAS BLOCK 1, LOT & COMMON AREA 1 BLOCK 2, COMMON AREA!

SCALE NOVEMBER 20 SURVEYOR Karr, RPLS WACT CALL cial Copy Unofficial Copy Unoff SCHULTZ Unofficial Copy Unofficial copy Unofficial Copy Una official Copy TRADITIONS PHASE 19 TRADITIONS PH TOTAL ARESA 85.52 ACRES PHASE 1 1 VOL & PL LOT 1, BLOCK 1 と RECEIVED 2010 VICINITY cal Copy Unau opy Unofficial.Copy TRADITIONS PHASE 6188 SCALE HT SITE PLAN C1 200 Unoffic cial Copy Unofficial Copy Unoffic l Copy PHASE xial Copy Doc 01300343 OR 14082 Bk Vol BOALE وت 266 p Unofficial Copy Unoff !

opy Unofficial.Copy TRADITIONS PHASE 6188 SCALE HT SITE PLAN C1 200 Unoffic cial Copy Unofficial Copy Unoffic l Copy PHASE xial Copy Doc 01300343 OR 14082 Bk Vol BOALE وت 266 p Unofficial Copy Unoff !

opy Unofficial Copy Unoffi cial Copy Unofficial C cial Copy Unofficial Copy Unoff noff ficial Copy Unofficial Copy SEAT MASTER BEDROOM &X 20 PORCH I IST FLO REFERENCE: NONE OR PLAN SCALE: NOT TO SCALE PLANS SUBJECT TO CHANGE AT BUILDERS DISCRETION ALL PLANS AND DESIGNS ARE THE PROPERTY OF TAP CONSTRICTION Unofficial Copy 01300343 Doc Bk Vol OR 14082 وع 267 BEDROOM #2 1140 X 120 Unoficial Copy Unofficial Copy Unofficial Copy 10101 KITCH CHEN 05116 16-2 DINING AREA 12-10 х ENTRY 〇の の二の LEX ROOM nofficial Cop cutenes Unof BEDROOM #3 110 X PANTRY Unofficial Copy Unofficial Copy Unoff GREAT ROOM GARAGE 21-5212 Unofficial Copy Unofficial Copy Unofficial Cop REFERENCE: NONE COLING OPTIONAL STUDY 013 X LICE OF I GOO Unofficial Copy Unofficial Copy Unoff 2ND FLOOR PLAN 03 FRONT ELEVATION REFERENCE: HONE SCALE: NOT TO SCALE BEDROOM #4 12-613-0 Scial Copy Unofficial Copy Unofficial Copy 7 CLLING HEATED AREA 2,512.2 SQ.FT THE "BLUEBONNET" Scial Copy Unofficial Copy Unoficial C Scial Copy moffieng MAVEN # Copy Unoffi THE VILLAGES AT TRADITIONS בבואכם FLOOR PLAN Unofficial,Co SCALE NOT TO SCALE Unofficial copy Unofficial Copy 120X120 BEDROOM 2 nofficial @py Unofficial copy Jalopy Unofficial Copy 日日日日 Unofficial Copy Unofficial Copy Unofficial Copy BUILDERS DISCRETION PLANS SUBJECT TO CHANGE AT TAP CONSTRUCTION ALL PLANS AND DESIGNS ARE THE PROPERTY OF AT ROOM GREAT EAT IN KITCHEN 19×19-1 Doc 01300343 OR 14082 Bk Vol 268 Fs !

Unofficial Co Unofficial Copy Unoff Unofficial Copy Unofficial Copy Unofficial Copy 02 FRONT ELEVATIOS REFERENCE NOME SCALE: NOT TO S 15-0X16-0 BEDROOM I GARAGE

1 Doc 01300343 OR 14082 Bk Vol 268 Fs !

Unofficial Co Unofficial Copy Unoff Unofficial Copy Unofficial Copy Unofficial Copy 02 FRONT ELEVATIOS REFERENCE NOME SCALE: NOT TO S 15-0X16-0 BEDROOM I GARAGE Unofficial Copy Unofficial Copy Unoff Scial Copy Unofficial Copy Scial Copy Unofficial Copy Unofficial Copy HEATED AREA 1,555.5 SQ.FT THE "CREPE YRTLE" AT TRADITIONS THE VILLAGES äcial Copy UnofficialCopy Unoff HAVE ZZ NDI 田 cial Copy Unofficial Copy Unofficial HEATED AREA 2,248.2 SQ.FT THE "DE BUILDERS DISCRETION PLANS SUBJECT TO CHANGE AT TAP CONSTRUCTION ALL PLANS AND DESIGNS ARE THE PROPERTY OF REFERENCE: NONE SCALE: NOT TO 02 FRONT ELEVATION Unofficial Copy Unofficial Copy Unoffick Copto хала ナメ&PORCH ま BEDROOM #3 Unofficial Copy NOT TO SCALE FLOOR PLAN תומאסי NONE SCALE Unoffie nofficial Copy ENTRY!

11 X BEDROOM #2 14-018-0 KEEPING ROOM Scial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial C 25-106 GREAT ROOM Unofficial Copy Uhofclan copy Inofficial Copy Unofficial Copy AT TRADITIONS THE VILLAGES cial Copy Unoff 田 Adoo AVEN NOI Unofficial Copy Unofficial Copy Unoff GARAGE 20-02107 Unofficial XX BEDROOM MASTER 13-6X146 READIN 13-6 X 10-2 Doc 01300343 OR 14082 Bk Copy Unoff Vol 269 F9 !

Unofficial Copy Unofficial Copy Unofficial Copy 19 X 10 PORCH ( P / ST FLOOR PLAN MERENCE: NONE SCALE! NOT TO SCALE PLANS SUBJECT TO CHANGE AT BUILDERS DISCRETION ALL PLANS AND DESIGNS ARE THE PROPERTY OF TAP CONSTRUCTION Bk Vol 01300343 OR 14082 Doc Under ficial copy Unofficial Copy CHEN fficial Copy DINING AREA ニチ×10 MASTER BEDROOM 1347x150 Unoffi ficial opENILLIS NEX ROOM 110X100 711X100 GREAT ROOM 17-105-0 Б.

270 GARAGE Unofficial Cony Unofficial Copy Unoff fficial Copy Unofficial al Copy Unofficial copy FLOOR PLAN SCALE: NOT TO SCALE 03 FRONT ELEVATION

ILLIS NEX ROOM 110X100 711X100 GREAT ROOM 17-105-0 Б.

270 GARAGE Unofficial Cony Unofficial Copy Unoff fficial Copy Unofficial al Copy Unofficial copy FLOOR PLAN SCALE: NOT TO SCALE 03 FRONT ELEVATION REFERENCE: NONE SCALE: NOT TO SCALE BEDROOM #2 13-14-0 Unoffical Copy Unofficial Copy Unoff 51 G G !

THE VILLAGES AT TRADITIONS BEDROOM #3 3-5 X 1447 cial Copy Unofficio Copy Unoffi HAVEN ND 田 Scial Copy Copy nofficial Copy HEATED AREA 2,465.3 SQ.FT THE "GARDN cial Copy Unofficial Copy Unofficial Copy 1 02 FRONT ELEVATION REFERENCE: NONE SCALE: HOT TO SCARP Unofficial Copy Unofficial Copy Unofficiel Copy Unofficial NOT TO SCALE FLOOR PLAN אקנגורסאכב SCNE: PORCH 19-0 x 14-44 MASTER BEDROOM FLEX ROOM Unofficial Copy Unofficial Copy PANTRY 00 13-6×12 KITCHEN Uneficial Copy Unofficial Copy Unofficialov BEDROO A OPTIONAL SHOWE 11100 BEDROOM #3 5-20-31 GREAT ROOM SPACE SPACE CUBENES Unofficial Copy Unofficial Copy Unofficial Copy AND COUNTER OPTIONAL GRAL PLATWORK PLATWORK AN کسی Unofficial Copy Unofficial Copy Unoff 営り×いな GARAGE Unofficial Copy Unofficial Copy Unoff Doc 01300343 OR 14082 Bk Vol 271 Pg BUILDERS DISCRETION PLANS SUBJECT TO CHANGE AT TAP CONSTRUCTION ALL PLANS AND DESIGNS ARE THE PROPERTY OF HEATED AREAia = Scial Copy Unofficial Copy Unofficial ,815.7 SQ.FT THE "MAGNOLIA" Scial Copy Unofficial Copy U AT TRADITIONS THE VILLAGES Scial Copy Unofficial Copy Unoff Z2 பகு 田 REFERENCE 02 FRONT ELEVATIOS REFERENCE: NONE SCALE: NOT TO S Unofficial Copy Unofficial Copy Unonicial Copy SCALE: NOT TO SCALE FLOOR PLAN 10 12X PORCH FLEX ROOM 13-71 71100 Unofficial copy Uncrician Copy Unofficial Copy 120K 19-0 BEDROOM #2 あのう GREAT ROOM Unofficial Copy Unofficial Copy Unofficial Copy KITCHEN BEDROOM MASTER Uncracia by Unofficial Copy Unofficial Copy

00 Unofficial copy Uncrician Copy Unofficial Copy 120K 19-0 BEDROOM #2 あのう GREAT ROOM Unofficial Copy Unofficial Copy Unofficial Copy KITCHEN BEDROOM MASTER Uncracia by Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff BARAGE Unofficial Copy Unofficia Copy Unoff Doc 01300343 OR 14082 Bk Vol 272 Fg BUILDERS DISCRETION PLANS SUBJECT TO CHANGE AT TAP CONSTRUCTION ALL PLANS AND DESIGNS ARE THE PROPERTY OF HEATED AREA icial Copy Unofficial Copy Unofficial 1,690.3 SQ.FT THE "PETINIA" Scial Copy Unofficial Copy AT TRADITIONS THE VILLAGES Scial Copy Unofficie AVEN 田 Copy Unoffi 01 FLOOR BLAN REFERENCE NONE SCALE NOT TO SCALE Unofficial Doc 01300343 OR 14082 Bk Vol 273 Fg Scial Copy Unofficial Copy Unofficial HEATED AREA 2,041.6 SQ.FT THE "TUL BUILDERS DISCRETION PLANS SUBJECT TO CHANGE AT TAP CONSTRUCTION ALL PLANS AND DESIGNS ARE THE PROPERTY OF Unofficial Copy Unofficial Copy Unofficial Co. SINTO ER BEDROOM MASTER 140 17XO PORCH Unofficial Copy @mofficial Copy ENTRY AT TRADITIONS THE VILLAGES Scial Copy Unofficial Copy Unoff 田 Unofficial Copy Unofficial Copy Unoff Scial Copy Unofficial Copy Un NOME SCALE 2 FRONT ELEVATION REFERENCE: NOT TO SCALE Unofficial Copy Unofficial Copy Unofficia copy A AT ROOM GREA 2102 19-0196 KITCHEN Kα NOOK ねこ× BEDROOM #3 Unofficial Copy Unofficial Copy official Copy C BEDROOM #2 20-08110 GARAGE Unofficial copy Unofficial Copy Unoff Unofficia Copy Unofficial Copy 01 FLOOR PLAN Unofficial SCALE: NOT TO SCALE BEDROOM #2 15×100 Unofficial.co Unofficial Copy Unofficial Copy Doc 01300343 OR 14082 Bk Vol Θ 274 F9 Unofficial Copy Unofficial Copy Unoff BEDROOM #1 196×190 GARAGE 22-422-0 HEATED AREA BUILDERS DISCRETION PLANS SUBJECT TO CHANGE AT TAP CONSTRUCTION ALL PLANS AND DESIGNS ARE THE PROPERTY OF

Θ 274 F9 Unofficial Copy Unofficial Copy Unoff BEDROOM #1 196×190 GARAGE 22-422-0 HEATED AREA BUILDERS DISCRETION PLANS SUBJECT TO CHANGE AT TAP CONSTRUCTION ALL PLANS AND DESIGNS ARE THE PROPERTY OF Scial Copy Unofficial Copy Unofficial Copy 2,102.4 SQ.FT THE "YELLOW&ROSE" Unofficial Copy Unofficial Copy Unofficial Copy 20 X 10 PORCY 221x41 FLEX ROOM AT TRADITIONS THE VILLAGES cial Copy Unofficial Copy Unoff Unofficial Copy Unofficial Copy Unoff Scial Copy Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficialcony KITCHEN 20×196 GREAT ROOM Unofficial Copy Unofficial Copy Unofficial Copy PLANS SUBJECT TO CHANGE AT BUILDERS DISCRETION ALL PLANS AND DESIGNS ARE THE PROPERTY OF TAP CONSTRUCTION REFERENCE NONE DINING 10-01 01300343 Doc Bk Vol OR 14082 Unofficial Copy IST FLOOR PLAN SCALE: NOT TO SCALE БА 275 00 النا BEDROOM #I 140x180 GARAGE 190×26 Unoffical Copy Unofficial Copy Unoff official Copy Unofficial Copy Unoial Copy BEDROOM #2 14-0 x 15-7 Unofficial opy Unofficial Cor AMILY ROO Unofficial Copy Unofficia Unofficial Copy Unofficial Copy Unoff Scial Copy Unofficial Copy Unofficial Copy 02 FRONT ELEVATION REFERENCE: NONE SCALE: NOT TO SCALE THE VILLAGES AT TRADITIONS Scial Copy Unoffical Copy Unoff 田 HEATED AREA,565.3 SQ.FT THE "BROWNSTONE" Scial Copy Unofficial Copy Unofficial copy 01300343 Doc Bk Vol OR 14082 276 HEATED AREA Unofficial 03RONT ELEVATION SCALE NOT TO SCALE PLANS SUBJECT TO CHANGE AT DERS DISCRETION ALL PLANS AND DESIGNS ARE THE PROPERTY OF Unof TAP CONSTRUCTION | IST FLOOR PLAN REFERENCE: NONE SCALE: NOT TO SCALE Unofficial Unoffi official Copy Scial Copy Unofficial Copy Unofficial Copy ,967.8 SQ.FT THE "BROWNSTONE" Scial Copy Unofficial Copy Unofficial Copy THE VILLAGES AT TRADITIONS icial Copy Unofficial Copy Unoffi 田 SCALE: NV Copy 02 2ND

Scial Copy Unofficial Copy Unofficial Copy ,967.8 SQ.FT THE "BROWNSTONE" Scial Copy Unofficial Copy Unofficial Copy THE VILLAGES AT TRADITIONS icial Copy Unofficial Copy Unoffi 田 SCALE: NV Copy 02 2ND REFERENCE: NONE BEDR EDROOM #2 G G Aofficial Copy FAMILY ROOM 20-819-7 Unofficial Copy Unoffic Copy KITCHEN fficial Copy Unofficial Cop mofficial Copy Unofficial Copy Unoff X Unofficiel Copy MEDIA CERING. 340 8official Copy Unoff 1 MASTER BEDROOM 1440x136 GARAGE 20-021407 Unofficial Unoff HEATED AREA,578.5 SQ.FT THE "BROWN.Sial ONE" Unofficial Scial Copy Unofficial Copy Unofficial Copy PLANS SUBJECT TO MANGE AT BUILDERS DISCOS LIEPOun ALL PLANS AND DESIGNS ARE THE TAP CONSTRUCTION 03 PRONT ELEVATION SCALE NOT TO SCALE official Copy 1ST FLOOR PLAN REPERENCE: NONE SCALE: NOT TO SCALE SI / Mofficial Copy Scial Copy Copy Unofficial copy REFERENCE: HONE 02 2ND FLOOSAN Idasy BEDROOM #2 12-6x15-7 G G G わん BEDROOM #3 14-17×137 THE VILLAGES AT TRADITIONS Scial Copy Unofficint Copy Unoff 田 MEDIA ROOM Unofficial Copy Unofficial Copy Unoff 一、 DROOM #4 Rofficial copy Upoicial Cop MASTER BEDROOM Unofficial Copy Unofficial Copy Unoff Doc Bk Vol 01300343 OR 14082 Onofficial Cop Unofficial Copy Unoffel Copy FAMILY RO 20LOO KITCHEN 16-11 100 20-030 GARAGE i Pg 277 i EXHIBIT "D" Doc Bk Vol 01300343 OR 14082 NSES APPURTENANT RECORDED EASEMENTS AND LICENSES وت 278 Unofficial Copy Unofficial Copy Unoff asements and Building Lines as set out on recorded in Volume 13746, Page 278, Unofficial Copy Unofficial Cop Unofficial Copy Official Records, Brazos County, Texas.

3.

2 1.

Unofficial Copy Unofficial Copte cial Copy From: Bryan Commerce and Development, Incorporated Easement: To: Anadarko E&P Company, L.P, Recorded: Volume 5118, Page 3, Official Records, Brazos County, Texas.

icial Copy Unofficial Copte cial Copy From: Bryan Commerce and Development, Incorporated Easement: To: Anadarko E&P Company, L.P, Recorded: Volume 5118, Page 3, Official Records, Brazos County, Texas.

Dated: December 12, 2002 From: Bryan Commerce and Development, Incorporated Easement: To: Devon Gas Services, L.P.

Coral Co. 8, Page 58, Official Records, Brazos County Texas.

Dated: December 12, 2002 Recorded: Volume 5118, Un Unofficial Copy Copy Unofficial Copy Unoff 4.

Easement: Dated: December 12, 2002 To: Devon Gats Gas Services, L.P.

GaSen Commerce and Development, Incorporated 5.

Easement: PY Unofficial Copy Unofficia Dated: November 17, 2016 (Common Area One) From: Traditions Acquisition Partnership, LP, limited partnership To: Turkey Creek Conservation and Recreatisfa Preserve Recorded Volume 5209, Page 259, Official Records, Brazos County, Texas.

6.

Terms, Conditions, and Stipulationsin Recorded: Volume 13736, Page 151, Official Records, Brazos County, Texas.

Osiat Copy in the Surface Use Agreement by and between: 7.

8.

merce and Parties: RME Petroleum Company, Apache Corporation and Bryan Confierce Development, Inc.

Dated: July 5, 2001 Page 217, Official Records, Brazos County, Unoffi Recorded: Volume 4279, Unof Mineral Reservation in Deed: By: Nelleen Restmeyer To: Bryan Commerce and Development Incorporated Dated: November 2000 Recorded: Volurm Texas.

Mineral Resofficio 3978, Page 137, Official Records, Brazos County, Texas.

Restovation in Deed: By: Mrs. A A. Kulhanek To: Rease Van Noy, et ux Dated anuary 23, 1939 Scial Copy Unofficial copy Unofficial Copy Recorded: Volume 99, Page 133, Deed Records Brazos County, Texas.

icial Copy Unofficial Scial Copy Unofficial Copy Unoff & Ss o130ndea BR iQ} 8 WV > Lo oO ‘

Scial Copy Unofficial copy Unofficial Copy Recorded: Volume 99, Page 133, Deed Records Brazos County, Texas.

icial Copy Unofficial Scial Copy Unofficial Copy Unoff & Ss o130ndea BR iQ} 8 WV > Lo oO ‘ 9. Oil and Gas fase, and all terms, conditions and stipulates therein: § Lessee: Union Pacific Resources Company 4 | Rae 25, 1991 3 8 Reggrded: Volume 1251, Page 839, Official Regéils, Brazos County, Texas. ao NS 10. e and Gas Lease, and all terms, condtiongin Stipulations therein: ev O* Lessor: Dorothy K. Huthmacher & s Lessee: Union Pacific Resources Compasy S Dated: February 25, 1991 \ Se Recorded: Volume 1251, Page 84h icial Records, Brazos County, Texas. Se .o? 11. Oiland Gas Lease, and all tegr@” conditions and stipulations therein: oe & Lessor: Nelleen Restmeyer, Stal & s Lessee: Union Pacific Resgurces Company s Dated: March 5, 1991 Recorded: Volume 1253, Page 815, Official Records, Brazos County, Texas.

12. Oil and Gas Lease, and all terms, conditions and stipulations therein, Lessor: Baylor Collage of Medicine ° ‘Lessee: Union Pagific Resources Company VY Dated: Decemkg? 26, 1992 e ’ Recorded: Vvetime 1469, Page 338, Official Records, org County, Texas. & LY 13. Oiland YE Lease, and all terms, conditions and stipuBtons therein: S Lasso Iberta Morrison 3 Ss Les, Union Pacific Resources Company ou & | Prone Volume 1472, Page 203, Offi ial abbots, Brazos County, Texas. & ©) 1a? Oil and Gas Lease, and all terms, condita and stipulations therein: Ss A Lessor: Lamar University System RY \ x Lessee: Union Pacific Resources C@fpany i VY Dated: March 9, 1992 © a Lo Recorded: Volume 1491, Praag” Official Records, Brazos County, Toxago® & 15. Oil and Gas Lease, and al Lore. conditions and stipulations therein: s

c Resources C@fpany i VY Dated: March 9, 1992 © a Lo Recorded: Volume 1491, Praag” Official Records, Brazos County, Toxago® & 15. Oil and Gas Lease, and al Lore. conditions and stipulations therein: s S Lessor: M. D. Anderson cer Center Lessee: Union Pacific Resources Company Dated: March 13, 1992 Recorded: Volume 15Q, Page 267, Official Records, Brazos County, Texas.

se N ~ © 0 § § $ Ss Ss o SP & o .O ° § § § < S S Ss S Ss SP SX > RS eo ol ol wf i !

Unofficial Copy Unofficial Copy Unofficial Copy Doc Bk Vol Pg Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Scial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unofficial Copy Unoff i Filed for Record in: BRAZOS COUNTY On: Jun 15,2017 at 11:58A As a Recordings Document Number: 01300343 266.00 Amount notficial Copy Unofficial Copy Unoff Receipt Number 605153 By Debbie Baker STATE OF TEXAS COUNTY OF BRAZOS I hereby certify that this instrument was filed on the date and ine stamped hereon by me and was duly recorder in the volume and pase of the Official Polic records of: BRAZOS COUNTY as stamped hereon by me。 Jun 15,2017 Men McQueen, Brazos County Clerk BRAZOS COUNTY Scial Copy Unofficial Copy Unofficial copy Scial Copy Unofficial Copy Unoff