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2020 - 202001044134 11/19/2020 12:13PM Page 1 of 45 THE VILLAS AT e THE BROO ith County, Texas 4 ¢ necrangnaBNRONI BROOKS CONDOMINIUM 2020-202001044134 11/19/2020 12:13PM Page 2 of 45 TABLE OF CONTENTS ARTICLE I DEFINITIONS..

1 ARTICLE II UNITS 5 ARTICLE III LIMITED COMMON ELEMENTS ARTICLE IV ALLOCATED INTERESTS & EXPENSES ARTICLE V DEVELOPMENT ARTICLE VI CLUB MEMBERSI-IIP ARTICLE VII COMMUNITY CONTROL PROGRAM.

ARTICLE VIII PROPERTY RIGHTS ARTICLE IX MAINTENANCE ARTICLE X INSURANCE AND CASUALTY LOSSES ARTICLE XI TAXES AND UTILITIES ARTICLE XII CONDEMNATION ARTICLE XIII ADMINISTRATION ARTICLE XIV ASSESSMENTS FOR COMPION EXPENSES.

ARTICLE XV CONDOMINIUM ASSOCATIUS DEN FOR ASSESSMENTS ARTICLE XVI USE RESTR ARTICLE XVII RULE MAK ARTICLE XVIII AMENOME ARTICLE XIX LIMITA LIABILITY ARTICLE XOMEDIASON AND ARBITRATION.

ARTICLEXI GERAL PROVISIONS..

Unofficial Copy .10 10 13 14 17 18 ..20 .21 24 25 28 28 29 30 31 2020 - 202001044134 11/19/2020 12:13PM Page 3 of 45 DECLARATION OF CONDOMINIUM FOR THE VILLAS AT THE BROOKS THIS DECLARATION OF CONDOMINIUM FOR THE VILLAS AT THE BROOKS CONDOMINIUM ("Declaration") is made on this day of » 2020, by Shackelford Creek Land Company, LLC, a Texas limited liability company in its capacity as the Declarant of this Declaration.

WITNESSETH maintenance of the Initial Property.

NOW, THEREFORE, Declarant hereby declares that the Init made subject to this Declaration, together with all easements, righ Improvements or Units constructed or to be constructed there any Additional Property enances thereto, and any ") shall be, except as and used subject to the following easements, rest arges, liens and conditions which are for the purpose of protecting the value and desinabili® an touch and concern and run with title to the

except as and used subject to the following easements, rest arges, liens and conditions which are for the purpose of protecting the value and desinabili® an touch and concern and run with title to the Property, and which shall be binding on all parties hi thereof, and their respective heirs, successors, s Owner thereof and where specifically provi shall now or hereafter determine. Wiff®ut li within or upon the Property sha jurisdiction of the Condomini regulations promulgated pur: be identified is THE VILLA!

title and assigns, and shall inure to the benefit of each hawt benefit such other parties or properties as Declarant regoing, no property, real, personal or mixed, not located e deemed part of the Condominium or be subject to the e operation and effect of the Condominium Act, or any rules or expressly provided. The name by which this condominium is to OKS CONDOMINIUM.

ARTICLE I DEFINITIONS : en used in this Declaration, unless the context shall prohibit or otherwise ing words shall have all the following meanings and all definitions shall be applicable Intentionally deleted.

(b) "Assessment" shall mean and refer to an Owner's share of the Common Expenses or other charges made by the Declarant from time to time assessed against an Owner and a Unit in accordance with Article XIV of this Declaration for the purposes and in the manner herein provided.

Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 4 of 45 (c) "Association" or "Condominium Association" shall mean and refer to THE VILLAS AT THE BROOKS CONDOMINIUM ASSOCIATION, INC., a Texas nonprofit corporation, its successors and assigns.

(d) "Board" or "Board of Directors" means the board of directors and the members of the board of directors, from time to time, of the Condominium Association.

corporation, its successors and assigns.

(d) "Board" or "Board of Directors" means the board of directors and the members of the board of directors, from time to time, of the Condominium Association.

(e) "Bylaws" mean the Bylaws of the Condominium Association, as amended from time to time.

(f) "Certificate of Formation" shall mean the Certificate of Formation of the Condominium Association field with the Secretary of State of Texas, as amended fr time to time.

(g) "Common Elements" means and includes all of the Gener: Elements and the Limited Common Elements.

(k) "Common Expenses" shall mean and refer to all or incurred by the Condominium Association on behalf of the Ui lawfully assessed for the creation or maintenance of reserves, if an of this Declaration: (D "Common Surplus" means the excess 0 receipts or revenues of the Condominium Association collected on behalf of t on inium, including, but not limited to, Assessments over the “amen : (m) "Community Control Program" ry electronic surveillance and/or HI monitoring system, including, but not limit , ome gates, intended to control access, provide alarm service, and/or enhance t! argo Property. THE PROVISION OF A GATEHOUSE) SHALL CONSTITUTE A WARRANTY OR REPRESENTATION ASJG IN OF OR LEVEL OF SECURITY WITHIN THE PROPERTY. DE¢ ONDOMINIUM ASSOCIATION AND THE MANAGING AGENT J EE OR WARRANT, EXPRESSLY OR BY IMPLICATION, THEM ABILITY OF FITNESS FOR USE OF ANY COMMUNITY Ci @ERAM SYSTEM, OR THAT ANY SUCH SYSTEM (OR ANY OF ITS CO OR RELATED SERVICES) WILL PREVENT INTRUSIONS, IL PROGRAM SYSTEM IS DESIGNED TO MONITOR THE EVERY OWNER AND THE OCCUPANT OF EACH UNIT RESPONSIBLE OR LIABLE FOR LOSSES, INJURIES, OR DEATHS RESULTING FROM ANY SUCH EVENTS.

(n) "Condominium" shall mean THE VILLAS AT THE BROOKS

NED TO MONITOR THE EVERY OWNER AND THE OCCUPANT OF EACH UNIT RESPONSIBLE OR LIABLE FOR LOSSES, INJURIES, OR DEATHS RESULTING FROM ANY SUCH EVENTS.

(n) "Condominium" shall mean THE VILLAS AT THE BROOKS CONDOMINIUM, as created by this Declaration.

Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 5 of 45 (0) "Condominium Documents" shall mean this Declaration, and Certificate of Formation and Bylaws of the Condominium Association, all as or now or hereafter amended, y modified or supplemented.

(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.

(q) "Declarant" shall mean and refer to Shackelford Creek Land Company, LLC, a Texas limited liability company, and the successors and assigns of either such entity.

(r) "Declaration" shall mean and refer to this Declaration of Condominiu The Villas at the Brooks Condominium, and all amendments and supplements thereo for record in the Public Records of Smith County, Texas.

(s) "General Common Elements" shall mean those Common Eler Ww not Limited Common Elements. General Common Elements may b ihc Py by an amendment to this Declaration recorded in the Public Recor eXas, (t) "Improvement" shall mean all improvements er rected on the Property-and all other property, real, personal or mixed, now or he i d on or within the Property, but excluding all public or private (e.g.

or transmitting lines, antennae or equipment, including, and equipment comprising those systems) utility instal (u) "Limited Common Elemeng m the use of which is reserved for the exclusiy, in Unit or certain Units to the exclusion of other Units, as specified in this D nd/or shown on the Plan attached

ty instal (u) "Limited Common Elemeng m the use of which is reserved for the exclusiy, in Unit or certain Units to the exclusion of other Units, as specified in this D nd/or shown on the Plan attached hereto as Exhibit "A" and incorpora rein this reference. References herein to Common Elements also shall iggbude imit common Elements unless the context shall otherwise require.

other receiving ut limitation, all wires, cables rein or thereon.

jons of the Common Elements oO (v) "Mana ts ave the meaning set forth in Article IX of this Declaration.

(w) installment land conveying a lien > or other similar security instrument granting, creating, or urity interest in, or a security title to a Unit.

(z) "Owner" or "Unit Owner" or "Owner of a Unit" shall mean and refer to one or more Persons who hold the record title to any Unit, but excluding in all cases any party holding an interest merely as security for the performance of an obligation.

(aa) "Person" shall mean and refer to a natural person, corporation, partnership, limited liability company, association, trust, or other legal entity, or any combination thereof.

Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 6 of 45 (bb) "Plan" shall mean the attached survey of the land and plot plan locating the Improvements thereon and identifying each Unit, the General Common Elements and the Limited Common Elements, and their relative locations and approximate dimensions, attached hereto as Exhibit "A". The locations, dimensions, descriptions, identification, and numbering of the respective Units shall be as described in Exhibit "A" and any subsequent amendments thereto.

(cc) "Plat" shall mean any plat of any portion of the Property, which is recorded

ion, and numbering of the respective Units shall be as described in Exhibit "A" and any subsequent amendments thereto.

(cc) "Plat" shall mean any plat of any portion of the Property, which is recorded in the Public Records of Smith County, Texas, as the same may be amended from time to time.

(dd) “Brooks HOA” shail mean The Brooks at Cumberland Park Homeowne Association. The Brooks at Cumberland Park is located at 700 Marsh Farm Road, T; Texas, 75703.

(ee) "Property" means all of the Initial Property and the land, Up Elements, Improvements, and other property located thereon, together with Units, Common Elements, Improvements.

(£6) "Repair or Reconstruction" as used in Article X, _..... the damaged property to substantially the same condition in whic or other casualty.

or restoring hor to the fire (gg) "Structure" means all foundations, foot columns, flat slabs, sheer walls, girders, support beams, post tension cables cluding any and all other structural components that support, uphold gy are Gia it or other Improvements.

(hh) "Systems" shall mean all fix wu , equipment, pipes, lines, wires, computer cables, conduits, circuits, junggmbo hangers, pull boxes, terminal points, electronic devices, air compresgors, ajffPhandlggs, Millers and other systems used in the communications, waste wa d video signals and other utility services, including the main swi plumbing chases and mechanical shafts on the Property (ii) the taking or threat of taking of all or a portion of the Property for any p blic, use by eminent domain proceedings or otherwise, by by an action in the nature of eminent domain (whether permanent er of Units that may be created under this Declaration have been conveyed

any p blic, use by eminent domain proceedings or otherwise, by by an action in the nature of eminent domain (whether permanent er of Units that may be created under this Declaration have been conveyed to O other than Declarant; or (ii) the surrender by Declarant of the authority to appoint d rege directors and officers of the Association by an express amendment to this on executed and recorded by Declarant.

(kk) "Unit" shall mean a physical part of the Condominium that is designated for separate ownership or occupancy, which is contained within the perimeter walls, floor, ceiling, windows, and doors of a Unit depicted on the Plans, and includes (a) the real property underneath the Unit; (b) the finish materials, fixtures, and appliances contained in the Unit; (c) all Systems which exclusively serve such Unit, but excludes (i) Systems which serve more than one Unit, and (ii) any portion of the Structure, all as subject to and further described in Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 7 of 45 Section 82.052 of the Act, and (d) any balcony or patio appurtenant to a Unit. The term Unit is intended to have the same meaning as the term "Unit" as used in the Condominium Act.

ARTICLE I UNITS 2.01 Division of Property. The Property is hereby divided into fee simple estates composed of separately designated Units and each Unit's undivided interest in and to the Common Elements. Each Unit, together with its undivided interest in the Common Elements, is for all purposes a separate parcel of a in real property. The separate parcels of and estates in real property designated hereby shall be create date of filing of this Declaration in the Condominium Records and shall continue until this

f a in real property. The separate parcels of and estates in real property designated hereby shall be create date of filing of this Declaration in the Condominium Records and shall continue until this revoked or terminated in the manner provided in this Declaration.

2.02 Identification of Units. The number of Units in the Condominium shall be # identification number for each Unit is shown on the Plans or Plat, or both, depicted ing Elements as may be provided in this Declaration; (c) an exclusive eas by the Unit as it exists at any particular time and as the Unit may law time; (d) membership in the Condominium Association with the full.

other appurtenances as may be provided by this Declaration.

the airspace occupied reconstructed from time to ppurtenant thereto; and (e) 2.04 Unit Boundaries. The boundaries of all Units cated as shown on the Plans and Plat. The boundaries of Units shall be the exterior surfaces of the p oors, roof, windows and doors, the real property underneath the Unit and Units shall ing\yde 0 f the Unit so described and the air space so encompassed, excepting the Common Elements. Yhcjyd boundaries of each Unit, without limitation, shall be all foundations, roofs, shingles, covered eni hes, balconies, utility rooms, mechanical rooms, irrigation systems, other systems, es, MUipmeg@ (iluding air handlers and fan coil units) or appliances lines lying between the water me' nl or and exterior trim around windows and doors and insulated materials affixed to the interj ace of exterior walls of each Unit shall be part of such Unit and

water lines lying between the water me' nl or and exterior trim around windows and doors and insulated materials affixed to the interj ace of exterior walls of each Unit shall be part of such Unit and shall not be Common Elem d eMosed plumbing fixtures, lines, downspouts, gutters and pipes shall be part of the Unit in which d and shall not be Common Elements.

ch and every purchaser of a Unit, his heirs, executors, administrators, hereby agree, that the square footage, size and dimensions of each Unit and any are shown for be Purposes only, and that the Declarant does not warrant, represent or guarantee that any on Element actually contains the area, square footage or dimensions shown on the purchaser and Owner of a Unit or interest therein has had full opportunity (or will have had purchase thereof) and is under a duty to inspect and examine the Unit and any appurtenant n Element purchased by him prior to his purchase thereof and agrees that the Unit, together with ves any claim or demand which he may have against the Declarant or any other person whomsoever, on account of any difference, shortage or discrepancy between the Unit and any appurtenant Limited Common Element as actually and physically existing and as they are shown on the Plans and Plat. It is specifically agreed 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 boundaries, regardless of settling, rising or lateral movement of the Unit and regardless of variances between the boundaries shown on the Plans and Plat.

Declaration of Condominium

ely presumed to be boundaries, regardless of settling, rising or lateral movement of the Unit and regardless of variances between the boundaries shown on the Plans and Plat.

Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 8 of 45 2.05 Inseparability of Units; No Partition, Each Unit shall be inseparable and shall be acquired, owned, conveyed, transferred, leased, and encumbered only in its entirety. In no event shall a Unit be subject to physical partition and no Owner shall bring or be entitled to maintain an action for the partition or division of a Unit or the Common Elements. Any purported conveyance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the Common Elements without the Unit to which such Common Elements are allocated is void ab initio.

2.06 Permissible Ownership; Description.

(a) Ownership of Units. A Unit may be acquired and held by more than one Person in any form of ownership recognized by law, provided that at least one person 55 y: of age or older must own and occupy each Unit within The Villas. In order to gia Minors or other persons under the age of 25 and all ot!

the Unit Owner shail not occupy a Unit without prior r proval by the Condominium Association. Upon prior request and_good cal e Condominium Association may grant exceptions to the occupgcy requir “To occupy” or “occupancy” under this Section means occupancy in’ ss of thirty (30) continuous days or sixty (60) days in any twelve (12) month period. Notw ding the foregoing, children or other relatives, guests, and friends under the ag porarily visit a Unit as long as the child or other relative, guest or ftjgnd rt 5 does not occupy the Unit as defined above. The Condominium ¥ cid promulgate reasonable rules to

friends under the ag porarily visit a Unit as long as the child or other relative, guest or ftjgnd rt 5 does not occupy the Unit as defined above. The Condominium ¥ cid promulgate reasonable rules to implement the foregoing requirements.

© Of family of (b) ipti : omtract or other instrument relating to the lease, or encumbrance of a Unit shall legally of The Villas at the Brooks Condominium, ith further reference to the recording data for this Declaration (includ lats and any amendments to the Declaration in the Condominium Rec h description shall be good and sufficient for all purposes to acquire, own, fer, lease, encumber, or otherwise deal with such Unit, and any describe such Unit as fi located in Smith urposes or other uses permitted by this Declaration .This restriction shall not ohibit a Unit Owner from (i) maintaining his personal professional library; his personal business or professional records or accounts; or (iii) handling his iness or professional telephone calls or correspondence.

ortgage of Unit. An Owner shall be entitled from time to time to mortgage or encumber its Unit a lien or liens covering such Unit under the provisions of a mortgage or deed of trust, but any lien created thereby shall be subject to the terms and provisions of this Declaration and any Mortgagee or other lienholder which acquires a Unit through judicial foreclosure, 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 the Association, giving the name and address of said Owner's Mortgagee and the Association shall maintain such information.

2.08 Apertures and Attachments. Where there are apertures in any boundary, including, but not limited to,

ame and address of said Owner's Mortgagee and the Association shall maintain such information.

2.08 Apertures and Attachments. Where there are apertures in any boundary, including, but not limited to, windows, doors, bay windows and skylights, such boundaries shall be extended to include the windows, doors and Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 9 of 45 other fixtures located in such apertures, including all frameworks, window casings and weather stripping thereof, together with exterior surfaces made of glass or other transparent materials. When there is a covered entry, porch, balcony, utility room, mechanical room, or other similar area attached to a Unit and serving only the Unit being bounded, and such area is not designated in Exhibit "A", as a Limited Common Element or General Common Element, such Unit's boundary shall be in the intersecting horizontal, vertical, and/or other planes which include the planes of the undecorated finished ceiling(s) and floor(s) and the undecorated finished interior of all such areas.

2.09 Garages. Any garage located within the exterior walls of a Unit shall be considered an inseparable part of the Unit at the time the Unit is purchased. The garage cannot be transferred, conveyed, or assigned by@)wner to a third-party separate and apart from the Unit as a whole.

2.10 Exceptions. In cases not specifically covered above, and/or in any case of confligiar a the survey of the Units set forth as Exhibit "A" shall control in determining the boundarieg that the provisions of Section 2,03 and Section 2.04 above shall control unless specificall otherwise on such survey.

ARTICLE III LIMITED COMMON ELEMEN: 3.01 Limited Common Elements. The Limited Common Ele

the provisions of Section 2,03 and Section 2.04 above shall control unless specificall otherwise on such survey.

ARTICLE III LIMITED COMMON ELEMEN: 3.01 Limited Common Elements. The Limited Common Ele those Owners to whom such use is assigned by means of this Declar’ executed by Declarant, the Condominium Association, or t f which shall be limited to ents thereto, assignments cluding, without limitation: any, designated as Limited Common Elements on Exhibit "A" y other portion of the Common Elements od deemed a Limited Common Element of the Unit served. Owners are responsible for th intl elf flowerbeds which includes keeping the beds free from weeds and encroaching grass, &. in} color. Owners are required to have shrubbery alo regularly so that shoots are trimmed back, address plates. Owners shall not plant ogfffut do: t away from walkways, doorways, windows and trees without the prior written permission of the Condominium Association, unles eg mi © rqlmoved because it poses an immediate threat of falling and injuring property or life. Owneyifia]l owers or other plants, or structures placed on the Limited Common Elements at the re minium Association. In the event of any doubt or dispute as to whether any portion of the mefws constitutes a Limited Common Element or in the event of any question as to which Units Directors of the Condomjgj of any area deemed q Common Element is Limited Comm em eby, a decision shall be made by a majority vote of the Board of iation and shall be binding and conclusive when so made. To the extent on Element hereunder, the Owner of the Unit to which the Limited shall have the right, upon approval of the Association to alter same as if the part of the Owner's Unit.

ARTICLE IV ALLOCATED INTERESTS & EXPENSES

hereunder, the Owner of the Unit to which the Limited shall have the right, upon approval of the Association to alter same as if the part of the Owner's Unit.

ARTICLE IV ALLOCATED INTERESTS & EXPENSES tcentage of Ownership of Common Elements and Surplus. The ownership and undivided shares ive Unit in the Common Elements, if any, and the Common Surplus shall be equal and based ‘on, the numerator shall be one, and the denominator shall equal the number of Units to which this Declaration applies at that time ("Allocated Interests"). Effective on the date of first filing this Declaration, the number of Units to which this Declaration applies shall be twenty-nine (29); 4.02 Liability for Common Expenses. Each Owner shall be liable for a share of the Common Expenses, such share being the same as the undivided share of the Common Elements, if any, attributable to the Unit owned by such Owner and the Common Surplus appurtenant to such Unit.

Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 10 of 45 4.03 Voting Rights; Membership in the Condominium Association. Each Unit shall be entitled to one vote to be cast by its Owner in accordance with the provisions of the Bylaws of the Condominium Association.

Each Unit Owner shall be a member of the Condominium Association.

4.04 Restraint Upon Separation and Partition of Common Elements. The undivided 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 Common Surplus, except as elsewhere herein provided to the contrary, cannot be conveyed or encumbered except

Unit, whether or not separately described. The appurtenant share in the Common Elements and Common Surplus, except as elsewhere herein provided to the contrary, cannot be conveyed or encumbered except together with the Unit. The respective shares in the Common Elements appurtenant to Units shall undivided, and no action for partition of the Common Elements, or any part thereof, shall lie, except as p herein with respect to termination of the Condominium.

ARTICLE V DEVELOPMENT 5.01 Plan of Development of Property. Declarant intends to Initial Property. Declarant does not intend to build Additional Units nin (29) Units. Notwithstanding the foregoing, Declarant reserves development with respect.to the Initial Property including, but not lim (29) Units on the of the initial twentylter the foregoing plan of ng the number of Units...

5.02 Rights of Declarant, Declarant shall have the ri ut not the obligation to (i) make improvements and changes to any Units owned by Declarant (ii) make changes ocation of the boundaries of any Units; (iii) install and maintain any Improvements in a to the Cg E ts; and (iv) install and provide for the maintenance of any water, sewer, drainage, irrigation g ity “systems and facilities. Prior to Turnover, Declarant shall have the right to add Geneval C Fx) 0 the Property. Prior to Turnover, Declarant reserves the right to impose covenants, conditions, Maeeos on the Units, Common Elements, and other Improvements, that Declarant may from time develop within the Property shown and described on a Plat, which covenants, conditions, gad restyftions sll BE in addition to but not in abrogation or substitution of those imposed by this Declaration.

5.03 e Declarant reserves the following Special Declarant Rights for

ants, conditions, gad restyftions sll BE in addition to but not in abrogation or substitution of those imposed by this Declaration.

5.03 e Declarant reserves the following Special Declarant Rights for the period beginning on the ding upon the earlier to occur of (a) twenty (20) years hereafter or (b) in accordance with ap (a) mplete or make improvements indicated on the Plans and Plat; t to maintain a sales and management office in a Unit or to construct a separate sales t office; the right to maintain signs on the Condominium to advertise the Condominium; (d) the right to grant, use, and maintain and to permit others to use, easements, ingaing easements for ingress and egress, over, under and across any and all of the Property or Common Elements as may be reasonably necessary for the purpose of discharging the Declarant's obligations under the Act and this Declaration and for facilitating the maneuverability of residents of adjacent properties comprising the Brooks development; (e) the right to establish, vacate, relocate and use the easements as set forth in this Declaration; provided, however, that no modification of any Easement shall have the effect of altering or destroying a Unit or a Limited Common Element unless: (A) the location of such Easement is shown on the Plans and Plat, or (B) it is otherwise consented to by the 10 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 11 of 45 Owner of such Unit or by the Owner to whose Unit such Limited Common Element is appurtenant, 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, exceptions and exclusions as it may deem consistent with and in the best interests of the Owners and the Association;

clude, in any instrument initially conveying a Unit, such additional reservations, exceptions and exclusions as it may deem consistent with and in the best interests of the Owners and the Association; (g) appoint or remove any officer or member of the Board of Directors of the Association prior to Turnover, subject to applicable provisions of the Texas Property Code, including the statutory requirement that one-third (1/3) of the Board of Directors of the Association shall be appointed by Unit Owners other than the Declarant within one hund.

twenty (120) days after fifty percent (50%) of the maximum number of Units that created under this Declaration have been conveyed to Owners other than Declarant; (h) make the Condominium a part of a larger condominium or plage (i) exercise any of the Development Rights reserved j (j) exercise any other development rights permit under the Condominium Act.

fated by a recorded ay be exercised by the Declarant 5.05 Limitations on Special Declarant Rights.

instrument signed by the Declarant, any Special Declarant for the period of time specified in the Act.

5.06 Development Rights Reserved @Bhe D erves certain development rights the "Development Rights"). As used herein, te Opment Rights means a right or Pp iP g combination of rights to: (a) create Unis n Ele@#ents or Limited Common Elements within the Condominium; vert Units into Common Elements; property from the Condominium; and other development rights permitted to be exercised by ominium Act.

ARTICLE VI CLUB MEMBERSHIPS 6.0 Mandatory HOA Membership. As a condition of Unit ownership, each Owner shall be required to be er of The Brooks at Cumberland Park Homeowners’ Association, in addition to the Condominium

MBERSHIPS 6.0 Mandatory HOA Membership. As a condition of Unit ownership, each Owner shall be required to be er of The Brooks at Cumberland Park Homeowners’ Association, in addition to the Condominium Association. Unit Owners shall have access to the common elements of The Brooks at Cumberland Park, such as the pool, subject to the same restrictions, requirements, fees and dues structures and such other rules and regulations as are applicable to all other members of The Brooks HOA. These fees and dues are separate from the Assessments described in this declaration. All transfers are subject to the terms and conditions as promulgated by The Brooks HOA.

11 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 12 of 45 ARTICLE VII COMMUNITY CONTROL PROGRAM 7.01 Community Control Program. Declarant shall have the right, but not the obligation, to install and/or contract for the installation of a Community Control Program for the Property. Declarant or its nominees, successors, assigns, affiliates, and licensees may install such a Community Control Program. Declarant reserves the right, at any time and in its sole discretion, to discontinue or terminate any Community Control Program prior to Turnover. In addition, all Owners specifically acknowledge that the Property may have a perimeter Community Control Program, such as perimeter fences (which may adjoin fences which are Limited Elements), walls, hedges, or the like on certain perimeter areas. Declarant and the Board shall not be he for any loss or damage by reason or failure to provide adequate Community Control Program or i j of Community Control Program measures undertaken.

7.02 No Liability. NEITHER THE CONDOMINIUM ASSOCIATION, AGENT, NOR DECLARANT SHALL IN ANY WAY BE CONSIDERED INS 8

ate Community Control Program or i j of Community Control Program measures undertaken.

7.02 No Liability. NEITHER THE CONDOMINIUM ASSOCIATION, AGENT, NOR DECLARANT SHALL IN ANY WAY BE CONSIDERED INS 8 OR DAMAGE BY REASON OF FAILURE TO PROVIDE INEFFECTIVENESS OF SECURITY MEASURES UNDERT WARRANTY IS MADE THAT ANY FIRE PROTECTION SYSTE LESSEES THAT THE ASSOCIATIONS, THEIR 7g DECLARANT ARE NOT INSURERS AND T ALL RISKS FOR LOSS OR DAMAGE TO P RESULTING FROM ACTS OF THIRD PARTIES: ON USING THE PROPERTY ASSUMES S, AND TO THE CONTENTS OF UNITS ART@LF VII PER Y RIGHTS 8.01 All Owners. r all purposes constitute real property which, subject to the provisions of this Declarati nveyed, transferred, and encumbered the same as any other property.

Each Owner shall be entitl ive ownership of the Unit owned by such Owner, subject to the provisions of this Declaratign nership of each Unit shall include, and there shall pass with each Unit as t separately described all of the right and interest in and to the Common pr. Units shall not be subdivided, and, except as provided in this Article VII a nits shall not be relocated, unless the relocation thereof is made with the consent Elements as establish hereof, the boun of Declarant.

asements of Enjoyment, Subject to the provisions of this Declaration and rules and the Property from time to time established by the Declarant, the Condominium Association g Agent, every Owner, his family, tenants, and guests shall have a nonexclusive right, privilege, use and enjoyment in and to the Common Elements which it is entitled to use for their intended easement to be appurtenant to and to pass and run with title to each Unit, subject to the following provisions: (a) Easements, restrictions, reservations, conditions, limitations, and

r their intended easement to be appurtenant to and to pass and run with title to each Unit, subject to the following provisions: (a) Easements, restrictions, reservations, conditions, limitations, and declarations of record, now or hereafter existing. A description of all recorded easements and licenses appurtenant to the Condominium is included in Exhibit "A".

12 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 13 of 45 (b) The right of the Declarant or the Condominium Association to borrow money for any purpose deemed necessary by the Board and, to give as security for the payment of any such loan a mortgage or other security instrument conveying all or any portion of the General Common Elements; provided, however, that the lien and encumbrance of any such security instrument given by Declarant or the Condominium Association shall be subject and subordinate to any and all rights, interest, options, licenses, easements, and privileges herein reserved or established for the benefit of the Condominium Association, any Owner, or the holder of any Mortgage, irrespective of when such Mortgage is executed or given.

(c) The right of the Condominium Association or Managing Agent to suspend an Owner's rights hereunder or to impose fines in accordance with thig Declaration, as amended from time to time.

(d) In case of any emergency originating in, or threatening the Pgawe any Unit, regardless of whether the Owner is present at the time of such en Condominium Association, the Managing Agent, or any other P either, shall have the right to enter a Unit for the purpose of r cause of such emergency, and such right of entry shall be i (e) The rights and easements reserved tage Managing Agent herein.

(f) The right of the Cogsomi jation to enter into any

for the purpose of r cause of such emergency, and such right of entry shall be i (e) The rights and easements reserved tage Managing Agent herein.

(f) The right of the Cogsomi jation to enter into any contribution and maintenance agreeth¢ c ing agreements, easement agreements, and use agreements with third Pies.

(g) The rights the Managing Agent, the ¥.

easefments r ed in this Declaration for the benefit of S employees.

(h) Th ements reserved in Section 8.07 hereof for the benefit of the Additional Pr e Condominium Association, the Managing Agent and/or to enter any portion of the Property in order to comply with IS FOR DESCRIPTIVE PURPOSES ONLY AND SHALL IN NO WAY BIND OR RESENTATION OR WARRANTY AS TO THE EXTENT OF THE COMMON ELEMENTS.

8.04 Rules Regarding Common Elements. In addition, the following provisions shall be applicable to the Common Elements.

(a) Ownership and Operation of Common Elements. The Common Elements shall be owned by the Unit Owners in undivided shares and shall be operated, maintained, and administered as Common Expenses for all purposes and uses reasonably 13 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 14 of 45 intended, as the Condominium Association or Managing Agent deem appropriate. The Condominium Association and the Managing Agent shall operate and administer the Common Elements without interference from any Owner or Mortgagee of a Unit or any other Person whatsoever. Owners shall have no right in or to any Common Elements referred to in this Declaration unless and until same are actually constructed and completed. The current conceptual plans and/or representation, if any, regarding the

ght in or to any Common Elements referred to in this Declaration unless and until same are actually constructed and completed. The current conceptual plans and/or representation, if any, regarding the composition of the Common Elements are not a guarantee of the final composition of the Common Elements.

(b) Right to Allow Use. Declarant may enter into easement agreements or other use or possessory agreements whereby the Owners, the Condominium Associatio and/or others may obtain the use, possession of, or other rights regarding ce property, on an exclusive or nonexclusive basis, for certain specified purposes Condominium Association may agree to maintain and pay the taxes, in’ administration, upkeep, repair, and replacement of such property.

as permitted by the Condominium Association, the Declaration. No long-term street parking, as determined b ium Owner’s Association, shall be-allowed on.the roads or other Commo trailers, RVs or inoperable vehicles shall be allo Common Elements. Residents must park within portions of the Unit’s Limited Common Elements s may park short-term on the paved portion of the Limited Common Elem which they are visiting. If a Unit Owner owns more cars than tggre ardiibar, ces in the garage, the Owner must get written approval from the Coyglor ociation to park on the paved portion of the Limited Common Elemen: it’s garage, and not on paved esignated Common Elements. Declarant expressly signs, the right to change and realign the boundaries of the designated Common Elema@i g mwned by Declarant, including the realignment of boundaries between adjacent Units oye and shall be evidenced by a revision of or an addition to the

ing the realignment of boundaries between adjacent Units oye and shall be evidenced by a revision of or an addition to the and from any or agency, public service district, public or private utility, or other Person, upon, Il of the Common Elements; and (ii) all land within easement areas shown on recorded the purpose of installing, replacing, repairing, maintaining all utilities, including, but not ers and drainage systems and electrical, gas, telephone, cable television, water, sewer, treatment, and irrigation lines. Such easements may be granted or accepted by Declarant, its signs. To the extent practicable, all utility lines and facilities serving the Property and located ¢ located underground. By virtue of any such easement, it shall be expressly permissible for the providing utility company or other supplier or servicer, with respect to the portions of the Property so encumbered (i) to erect and maintain pipes, lines, manholes, pumps, and other necessary equipment and facilities; (ii) to cut and remove trees, bushes, or shrubbery; (iii) to grade, excavate, or fill; or (iv) to take any other similar action reasonably necessary to provide economical and safe installation, maintenance, repair, replacement, and use of such utilities and systems.

14 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 15 of 45 (b) Easements are reserved under, through and over the Property as may be required from time to time for utility services and other services and drainage in order to serve the Association. A Unit Owner shall do nothing within or outside his Unit that interferes with or impairs, or may interfere

time for utility services and other services and drainage in order to serve the Association. A Unit Owner shall do nothing within or outside his Unit that interferes with or impairs, or may interfere with or impair, the provision of such utility services, or other service or drainage facilities or the use 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 Additional Property and as a a buts upon the Property, perpetual, non-exclusive rights and easements fe encumbered pursuant to Roction 8. 06, for utility facilities and distribution lines, including, with drainage systems, storm sewers, and electrical, gas, telephone, water, sewer, and cable systepggli ARTICLE IX MAINTENANCE tntended to describe contractor or agent of the The following maintenance provisions concerning Units wit those maintenance obligations of the Condominium Association (as Condominium Association referred to herein as the "Managing Agent’ 9.01 Responsibilities of Owners.

(a) Except as provided in Section 9.0 aintenance and repair of Units, including all porches, balconies, patios, terraces, fenggs or ay : designated as Limited Common Elements appurtenant to the Unit (other than ‘arte te Peneral landscaping), shall, unless otherwise maintained or repaired pursuant to the in ded under Section 10.01 hereof, be the sole responsibility of the Owner of such Unj (b) Owner sh; ible Mr repairing and remedying any instances of water damage or sightings of mold wi i (c) respBusible for keeping the Unit in good repair, including, but not limited to keeping th i nd attractive condition. This includes, but is not limited to, pressure

damage or sightings of mold wi i (c) respBusible for keeping the Unit in good repair, including, but not limited to keeping th i nd attractive condition. This includes, but is not limited to, pressure washing the Unit wh painting when and Limited C es worn, repairing the roof if any damage occurs, and keeping the Unit bments free from trash and debris.

Provided in Section 9.03 hereof, each Owner shall also be obligated to pay for the the Condominium Association and the Managing Agent for repairing, replacing, refuses to discharge. Owners shall not (i) decorate, change, or otherwise alter the appearance ortion of the Limited Common Elements unless such decoration, change, or alteration is first d, in writing, by the Managing Agent; or (ii) do any work which, in the reasonable opinion of the ging Agent, would jeopardize the soundness and safety of the Property, reduce the value thereof, or impair any easement or hereditaments thereto, without in every such case obtaining the written approval of the Managing Agent.

of (e) Except as provided in Section 9.02 below, all maintenance and repair of Units, including all porches, balconies, patios, terraces, fences or any other feature designated as Limited Common Elements appurtenant to the Unit (other than yard maintenance), shall, unless otherwise maintained or repaired 15 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 16 of 45 pursuant to the insurance provided under Section 10.01 hereof, be the sole responsibility of the Owner of such Unit.

63) As provided in Section 9.03 hereof, each Owner shall also be obligated to pay for the costs incurred by the Condominium Association and the Managing Agent for repairing, replacing,

r of such Unit.

63) As provided in Section 9.03 hereof, each Owner shall also be obligated to pay for the costs incurred by the Condominium Association and the Managing Agent for repairing, replacing, maintaining, or cleaning any item which is the responsibility of such Owner, but which responsibility such Owner fails or refuses to discharge. Owners shall not (i) decorate, change, or otherwise alter the appearance of any portion of the Limited Common Elements unless such decoration, change, or alteration is first approved, in writing, by the Managing Agent; or (ii) do any work which, in the reasonable opjgion of impair any easement or hereditaments thereto, without in every such case obtaining the writt the Managing Agent.

9.02 Condominium Association's Responsibility. Notwithstanding the foregoi Association has received insurance proceeds for any event described in this Section, th yinall apply such proceeds to any repair or restoration of any such loss or damage, and any additig i ds for such repair or restoration, including the amount of any deductible, shall be paid as a Ca collected through a Special Assessment pursuant to Section 10.07 if necessary. Nej , y Association nor the Managing Agent shall be liable for injury or damage to any per conditions or by any Owner or any other Person not acting as either a ogee of the Condominium Association or the Managing Agent, or (B) caused by any pipe, plumbin; it, appliance, equipment, or utility line or facility, the responsibility for the maintenance ofggyhich is th! ondominium Association or the Managing Agent, nor shall the Condominium Association Managing Agent be liable to any Owner for loss or damage, by theft or otherwise, of any property of such O hich may be stored in or upon any portion

naging Agent, nor shall the Condominium Association Managing Agent be liable to any Owner for loss or damage, by theft or otherwise, of any property of such O hich may be stored in or upon any portion of the Property. No diminution or abatement of Assessment; es shall be claimed or allowed by reason of any alleged failure of the Condominium Associgtion e in® Agent to tale some action or to perform some function required to be taken or performed Association or the Managing Agent under this Declaration, or for inconvenience or discomfort ¢ making of improvements or repairs which are the responsibility of the Condominium Assog Managing Agent, or from any action taken by the Condominium Association or the Mgpagin, comply with any law, ordinance, or with any order or directive of any municipal or othe 4. rity, the obligation to pay such Assessments, fees, and charges being a separate and ind ¢ part of each Owner. The Condominium Association shall maintain and repair the Co: ss provided otherwise in the Condominium Documents) and shall provide all mowing and gene ices for all Limited Common Elements, the cost and expense of e and payable as a portion of the Assessments against Owners. The ing Agent will not be responsible for any maintenance or repairs to the Units fing but not limited to all pipes, plumbing, drains, conduits, appliances, for the yard maintenance and general landscaping provided for herein. Nothing caused by weather or Limited Common equipment, or utility lit : (1) any Owner has failed or refused to discharge properly his or its obligations with regard ce, cleaning, repair or replacement of items for which he or it is responsible hereunder; or (ii) that aintenance, cleaning, repair or replacement which is the responsibility of the Condominium

regard ce, cleaning, repair or replacement of items for which he or it is responsible hereunder; or (ii) that aintenance, cleaning, repair or replacement which is the responsibility of the Condominium the Managing Agent hereunder is caused through the willful or negligent act of an Owner, or his ot 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 or Condominium Association, except in the event of an emergency situation, shall give such Owner written notice of the Managing Agent’s or Condominium Association’s intent to provide such necessary maintenance, cleaning, repair or replacement, at the sole cost and expense of such Owner and setting forth with reasonable particularity the maintenance, cleaning, repairs or replacement deemed necessary.

Except in the event of emergency situations, such Owner shall have fifteen (15) days within which to complete the same in a good and workmanlike manner, or in the event that such maintenance, cleaning, repair or replacement is 16 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 17 of 45 not capable of completion within said fifteen (15) day period, to commence said maintenance, cleaning, repair or replacement and diligently proceed to complete the same in a good and workmanlike manner. In the event of emergency situation, or the failure of any Owner to comply with the provisions hereof after notice, the Managing Agent or Condominium Association may provide (but shall not have the obligation to so provide) any such maintenance, repair or replacement at the sole cost and expense of such Owner and said cost shall be added to and

ium Association may provide (but shall not have the obligation to so provide) any such maintenance, repair or replacement at the sole cost and expense of such Owner and said cost shall be added to and become a part of the Assessment to which such Owner and his or her Unit are subject. In the event that the Managing Agent undertakes such maintenance, cleaning, repair, or replacement, the applicable Owner shall promptly reimburse the Condominium Association for the costs and expenses of any nature. In the event the Managing Agent or the Condominium Association provides any of the forgoing maintenance, repair, or replacement, the M. ging Agent or Condominium Association shall not be obligated to procure bids for such maintenance te replacement and the Managing Agent or Condominium Association, in its sole discretion, shal contractor to perform such work. Damage to the interior of any Unit resulting from such maintgggg Common Expense and be payable by the Association; provided, however, that if such ma replacements are the result of the misuse or negligence of an Owner, or its guests or invitegs be responsible and liable for all such damage. The cost of any maintenance, clea pursuant to this Article IX shall be assessed against the Unit Owner as an Individ Section 14.08 hereof.

ARTICLE X INSURANCE AND CASUALTY L 10.01 Insurance, Beginning not later than the time o than the Declarant, the Condominium Association shall mai following insurance, which shall be a Common Expense: first conveyance of a Unit to a person other to the extent reasonably available, the Insurance for @ Elements are added to the Property, prope Elements, insuring against all risk including fire and extended cgverag replacement cost or actua #: . In the event General Common on the insurable General Common

ents are added to the Property, prope Elements, insuring against all risk including fire and extended cgverag replacement cost or actua #: . In the event General Common on the insurable General Common ysical loss commonly insured against, nat unt of at least eighty percent (80%) of the thg™Misured property as of the effective date and at (b) e event General Common Elements are added to the Property, commerci plity insurance, including medical payments insurance, in an amount determiged Board, covering all occurrences commonly insured against for death, bodily j ownership, or all dam: e of the General Common Elements. Such policy may insure against ed by the negligence of the Declarant, its directors and officers, any Unavailability. If the insurance described in Section 10.01(a) and Section ) ISMMOt reasonably available, the Condominium Association shall cause notice of that ¢ delivered or mailed to all Unit Owners and lienholders.

fact (d) Other Insurance. The Declarant or its duly authorized agents shall have the authority and may obtain: (i) worker's compensation insurance to the extent necessary to comply with any applicable laws; and (ii) such other types and amounts of insurance as may be determined by the Declarant to be necessary or desirable.

(e) Insurance Provisions. Insurance policies carried under Section 10.01(a), Section 10.01(b) and Section 10.01(c) shall contain the following provisions.

17 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 18 of 45 (i) Each Unit Owner is an insured person under the policy with respect to liability arising out of the person's ownership of an undivided interest in the Common Elements or membership in the Condominium Association.

wner is an insured person under the policy with respect to liability arising out of the person's ownership of an undivided interest in the Common Elements or membership in the Condominium Association.

(ii) The insurer waives its right to subrogation under the policy against a Unit Owner.

(iii) No action or omission of a Unit-Owner, unless within the scope of the Unit Owner's authority on behalf of the Condominium Association, will void the policy or be a condition to recovery under the policy.

(iv) If, at the time of a loss under the policy, there is other insura the name of a Unit Owner covering the same property covered by the pol Condominium Association's policy provides primary insurance.

(v) All policies shall contain a waiver of the insurer’ without first giving thirty (30) days’ prior written notice of Condominium Association and to any Mortgagee to whj has been issued.

(vi) All such insurance coverage obtat Condominium Association shall be written in the name of ti Condomin ociation as trustee for each of the Owners.

(vii) All policies shall be wri a any licensed to do business in the State of Texas and holdingg ratinfpf, etter in such financial categories as established by Best's InsuraricggRepo ch report is available or, if not available, its equivalent rating or th possible.

and their Mortga aggthe toga may appear.

the insurance coverage obtained and maintained by the Declara: ‘ought into contribution with insurance purchased by individual Mortgagees.

hI] pSlicies shall contain a waiver of subrogation by the insurer as to t the Declarant, the Declarant's directors and officers, the Owners, ive families, servants, agents, tenants, guests, and invitees.

pSlicies shall contain a waiver of subrogation by the insurer as to t the Declarant, the Declarant's directors and officers, the Owners, ive families, servants, agents, tenants, guests, and invitees.

i) All policies shall contain a provision that no policy may be canceled, idated, or suspended on account of the conduct of one or more of the individual Owhers, or their respective families, servants, agents, employees, tenants, guests, and invitees, or on account of the acts of any director, officer, employee, or agent of the Declarant or of its manager, without prior demand in writing delivered to the Declarant to cure the defect and the allowance of a reasonable time thereafter within which the defect may be cured.

10.02 Owner's Insurance. Each Owner, at his or her sole cost and expense, shall provide evidence of a homeowner’s liability insurance policy covering his or her Unit, including, but not limited to, Limited Common Elements, and a personal property insurance covering his or her personal belongings located inside the Unit or Limited Common Elements, as well as all structural and non-structural interior walls and doors within or affording access to the Unit, as well as all appliances and decorative fixtures therein. Neither Declarant nor the 18 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 19 of 45 Condominium Association shall be responsible for any theft of or damage to personal belongings of Owner or other Person on the Property. Further, an insurance policy issued to the Condominium Association does not prevent a Unit Owner from obtaining insurance for the Owner's own benefit. Neither the Declarant nor the Condominium Association shall be responsible for providing public liability or property damage insurance for

t Owner from obtaining insurance for the Owner's own benefit. Neither the Declarant nor the Condominium Association shall be responsible for providing public liability or property damage insurance for the Units, including, but not limited to, the Limited Common Elements.

10.03 Effect of Article. This Article X does not affect the right of a holder of a mortgage on a Unit to require a Unit Owner to acquire insurance in addition to that provided by the Condominium Association.

10.04 Right to Adjust. A claim for any loss covered by the policy under Section 10. Ol), 10.01(b), or Section 10.01(c) must be submitted by and adjusted with the Condominium Ass insurance proceeds for that loss shall be payable to an insurance trustee designated by thg Association for that purpose, if the designation of an insurance trustee is considered by the Bo or desirable, or otherwise to the Condominium Association, and not to any Unit Notwithstanding the above, no mortgagee or other security holder of the Common El in such losses may be prohibited from participating in the settlement negotiations, j all hold insurance ection 10.06, Section or the repair or restoration to receive payment of any been completely repaired or 10.05 Insurance Proceeds. The insurance trustee or the Condo: proceeds in trust for Unit Owners and lienholders as their interests ma 10.07, and Section 10.08, the proceeds paid under a policy must be of the damaged Common Elements, and Unit Owners and lienholders portion of the proceeds unless there is a surplus of proceeds gfter the pr restored, or the condominium is terminated.

ly after the damage or destruction by fire by insurance written in the name of the uly authorized agent shall proceed with the e Condominium Association shall also obtain

he condominium is terminated.

ly after the damage or destruction by fire by insurance written in the name of the uly authorized agent shall proceed with the e Condominium Association shall also obtain 10.06 Damage or Destruction to Common Elemeng or other casualty to all or any part of the Co n Ely Condominium Association, the Condominium filing and adjustment of all claims arising under su reliable and detailed estimates of the cost of Rggam portion of the Common Elements for, which surance uired that is damaged or destroyed shall be promptly repaired or replaced by the Condo i unless (i) the Condominium is terminated, (ii) repair or replacement would be illegal u health or safety statute or ordinance, or (iii) at least eighty percent (80%) of the Unit O ebuild. A vote to not rebuild does not increase an insurer's liability to loss payment obligation the vote does not cause a presumption of total loss. The cost of repair or replacement in ex, urance proceeds and reserves is a Common Expense. If the entire Common Element is not replaced, any insurance proceeds attributable to the damaged Common Elements shall be us le damaged area to a condition compatible with the remainder of the Condominium.

ents. If the insurance proceeds, if any, for such damage or destruction of any Common ction 10.06 or any Unit(s) (including Limited Common Elements) as described in Section ished for such purpose, the Condominium Association may levy a Special Assessment against Special Assessment to be in an amount sufficient to provide funds to pay such excess cost of Repair on, Such a Special Assessment shall be levied against the Owners equally in the same manner as ssments are levied, and additional assessments may be made at any time during or following the

of Repair on, Such a Special Assessment shall be levied against the Owners equally in the same manner as ssments are levied, and additional assessments may be made at any time during or following the completion of any Repair or Reconstruction. Any and all sums paid to the Condominium Association under and by virtue of such assessments shall be held by and for the benefit of the Condominium Association together with the insurance proceeds, if any, for such damage or destruction. Such insurance proceeds and assessments shall be disbursed by the Condominium Association in payment for such Repair or Reconstruction.

10.08 Damage or Destruction to Units. In the event a Unit is destroyed by or for any cause, the Condominium Association shall not be obligated to repair, restore, and rebuild the damage caused by such loss.

19 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 20 of 45 The Unit Owner is responsible for such repair, restoration and rebuilding of (a) all portions of the Owner’s Unit, including, but not limited to, Limited Common Elements; (b) any areas that Owner has agreed in writing to operate, maintain, repair and replace; and (c) any equipment, facilities, utilities and other items with respect to which the Owner has exclusive rights. Such repair, restoration, and rebuilding to be undertaken immediately and completed within nine (9) months of the date of casualty. Such replacement Unit shall conform to the same condition as existed prior to such fire or other casualty and in accordance with all applicable standards, restrictions, and provisions of this Declaration. If the Unit Owner fails within nine (9) months to repair, restore,

ior to such fire or other casualty and in accordance with all applicable standards, restrictions, and provisions of this Declaration. If the Unit Owner fails within nine (9) months to repair, restore, and rebuild a Unit that conforms to the same condition as existed prior to such fire or casualty, the Condominium Association may, but is not obligated, to undertake repair, restoration, and rebuilding by and. thro contractors, subcontractors, or any other agents of its choice. The cost of any such repair, restorati rebuilding shall be assessed against the Unit Owner as an Individual Assessment pursuant to hereof.

ARTICLE XI TAXES AND UTILITIES © 11.01 Taxes. Each Owner shall be responsible for and shall pay when duf Gag asscS@mients, and other governmental impositions lawfully levied or assessed with res Unit. Any taxes, assessments, or other governmental impositions lawfully levied or a to the Property not ry the Association.

metered or billed to a specific Unit. Any utility charges not so tely metered or billed to a specific Unit, including without limitation charges relating to such servicg i ection with the use and maintenance of charges under any agreements benefiting the U: geassumed by the Association or to which the Association or the Units are subject, and any other c : to the Unit Owners, and the cost of any utiliti € or provided by the Association to the Unit Owners, unless separately metered, shall Constitute a@imm nse and be payable by the Association.

LE Xi ONDEMNATION and to all the Mortgage iameve requested such notice; provided, however, that the failure of the Association to give such notic at Dg

ute a@imm nse and be payable by the Association.

LE Xi ONDEMNATION and to all the Mortgage iameve requested such notice; provided, however, that the failure of the Association to give such notic at Dg j peinigs by the Association shall be a Common Expense. The Association is specifically for such assistance from attorneys, appraisers, architects, engineers, expert ‘witnesses ssociation in its discretion deems necessary or advisable to aid or advise it in matters dings. Any restoration or repair of the Property following a partial Taking shall be performed ith the provisions of this Declaration and shall follow, as nearly as possible, the original plans and r the Property, unless otherwise approved by all the Mortgagees.

.02 Taking of All or Substantially All of One Unit, If a Unit (or a substantial part thereof such that the remnant may not practically or lawfully be used for any purpose permitted by this Declaration) is subject to a Taking, the Owner and any Mortgagee of such Owner shall be entitled to the award for such Taking, including the award for the value of such Owner's interest in the Common Elements, whether or not such Common Element interest is acquired, and, after payment thereof, 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 Interest shall be automatically reallocated to the remaining Units in proportion to the respective Allocated Interests of those Units before the 20 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 21 of 45 Taking, unless the decree relating to the Taking provides otherwise. A remnant of a Unit remaining after part of

the 20 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 21 of 45 Taking, unless the decree relating to the Taking provides otherwise. A remnant of a Unit remaining after part of a Unit is the subject of a Taking described in this Section 12.02 shall be a Common Element. If any repair or rebuilding of the remaining portions of the Property is required as a result of such Taking, the remaining Owners shall determine by the affirmative vote or written consent of the remaining Owners holding not less than 80% of the votes in the Association either to rebuild or repair the Property or to take such other action as such remaining Owners may deem appropriate. If no repair or rebuilding shall be required, or if none be undertaken, the remaining portion of the Property shall be resurveyed, if necessary, and this Declaration shall be amended to reflect such Taking. This Declaration shall in all circumstances be amended to reflect the re-allocated Allocated Interests following the Taking.

12.03 Partial Taking of a Unit. if only a portion of a Unit is subject to a Taking, such that portion of such Unit can practically and lawfully be used for any purpose permitted by this Declarggi Common Elements, whether or not such Common Element interest is acquired, and the Al Unit subject to such Taking shall be reduced and the Allocated Interests of the other Ugj accordance with the portion of the Allocated Interest lost. The Owner of such Unit, g shall promptly repair, restore, and rebuild the remaining portions of such Unit as near which existed prior to such Taking.

12.04 Taking of Common Elements. If an action is brought to Common Elements together with or apart from any Unit, the Board of set out herein, shall have the sole authority to determine whet

h Taking.

12.04 Taking of Common Elements. If an action is brought to Common Elements together with or apart from any Unit, the Board of set out herein, shall have the sole authority to determine whet of all or any portion of the ition to the general powers any settlement with respect thereto, or to convey such pro to the condemning authority in lieu of such condemnation proceeding unless the action involves a material son of the Common Elements in which case such decision shall be made by the affirmative vote or wrj f the Owners holding not less than 80% awards shall be determined for such Taking as a Wholg art fry Owner's interest therein. After the damages or awards for a Taking of the Common Elements 4 A Association, acting as trustee for each Own ortgagees, as their interests shall appear, and any amounts not used for repair or restoration of t@#fremaiging Wommon Elements, shall be divided among the Owners in proportion to each Owner's Alloa t@ist be the Taking, except that such portion of any such award attributable to the condemnation i mn Element shall be divided among the Owners of the Units served by such Limited Co: such Owners! interests existed in the Limited Common Elements condemned. The Owners shi affirmative vote or written consent of the Owners holding not less than 80% of the votes i ion either to rebuild or repair the remaining Common Elements or to take such other action as ing other land or building additional structures, this Declaration shall be uted by the Board of Directors on behalf of the Owners and recorded in the the damage and awards for such Taking shall be determined and paid for each Unit as

nal structures, this Declaration shall be uted by the Board of Directors on behalf of the Owners and recorded in the the damage and awards for such Taking shall be determined and paid for each Unit as s 12.02 and Section 12.03 of this Declaration, and the following shall apply: (a) the li determine which of the Units damaged by such Taking may be practically and lawfully used for mitted by this Declaration, taking into account the nature of the Property and the reduced size of amaged; (b) if the remaining Owners shall determine by the affirmative vote or written consent of the remaining Owners holding not less than 80% of the votes in the Association, with the written consent of 51% of the Mortgagees, that it is not reasonably practicable to operate the undamaged Units and the damaged Units which can be practically and lawfully used for any purpose permitted by this Declaration as a condominium project in the manner provided in this Declaration, then the Property shall be deemed to be regrouped and merged into a single estate owned jointly in undivided interests by all the remaining Owners, as tenants-in-common, in the percentage of the Allocated Interest of each Owner (after reallocation in accordance with the procedures described in Section 12.02 and Section 12.03 of this Declaration); and (c) if the Condominium is not so terminated, 21 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 22 of 45 then the damages and awards made with respect to each Unit which can be practically and lawfully used for any purpose permitted by this Declaration shall be applied to repair and reconstruct such Unit as provided in Section 12.03 of this Declaration. If the cost of such work exceeds the amount of the award, the additional funds required

claration shall be applied to repair and reconstruct such Unit as provided in Section 12.03 of this Declaration. If the cost of such work exceeds the amount of the award, the additional funds required shall be assessed pro rata against the Owners of those Units which are being repaired or reconstructed. With respect to those Units which may not be practically or lawfully used for any purpose permitted by this Declaration, after payment of the award, such Owner and any Mortgagee of such Owner 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 subject of a Tajgi the remnant of such Unit cannot be practically or lawfully used for any purposed permitted by this Decl shall be a Common Element. if any repair or rebuilding of the remaining portions of the Prope Units which can be practically and lawfully used for any purposed permitted by this Declaration) result of such Taking, the remaining Owners shall determine by the affirmative vote or writ remaining Owners holding not less than 80% of the votes in the Association either to rebuild or to ar such other action as such remaining Owners may deem appropriate. If no repg to reflect the re-allocated Allocated Interests following the Taking.

12.06 Complete Taking of Property. If all of the Property is awards shall be held by the Association, acting as trustee, for the Mortgagees, as their interests shall appear, and shall be paid to their Allocated Interests and this Condominium shall term’ upon such payment.

l be held by the Association, acting as trustee, for the Mortgagees, as their interests shall appear, and shall be paid to their Allocated Interests and this Condominium shall term’ upon such payment.

Taking, all damages and all the Owners. and their 12.07 Payment of Awards and Damages. Any dag to or for the account of any Owner by the Associgtion, q ha y any governmental impositions past due and 3 indebtedness on that Unit; third, to the payment o unpaid; and finally to the Owner.

8 provided in this Article XII to be paid , shall be applied first to the payment of to that Unit; second, to any priority lien ents charged to or made against the Unit and 12.08 Association as Attorn ner, by acceptance of a deed to a Unit, hereby irrevocably makes, constitutes and appoints th and every one of its successors in interest hereunder (which appointment shall be deemed ith an interest), as such Owner's true and lawful attorney-in-fact, for and in such Owner's name, the condemnation of the Condominium, or any part thereof, or pursuant to this Article XII, to take any and all actions, and to execute advisable to effect the i power and authority to the Property as ful es of this Article XII, hereby giving and granting unto the Association full orm all and every act whatsoever requisite or necessary to be done in and about B and purposes, as an Owner might or could do, hereby ratifying and confirming #y do by virtue hereof. The Association is hereby authorized, in the name and on behalf erform all actions necessary or appropriate to effect the intent and purposes of this ARTICLE XU ADMINISTRATION .01 Duties and Powers. The Condominium Association may exercise any right or privilege given to

all actions necessary or appropriate to effect the intent and purposes of this ARTICLE XU ADMINISTRATION .01 Duties and Powers. The Condominium Association may exercise any right or privilege given to it expressly by this Declaration, under the Bylaws, or by law, together with every other right or privilege reasonably to be implied from the existence of any right or privilege given to it herein or reasonably necessary to effectuate any such right or privilege. Such duties may include, but shall not be limited to, arranging with governmental agencies, public or private utilities, or others, as a Common Expense or by billing directly to Units, to furnish trash collections, common area irrigation, sewer, and/or security service for the Common Elements.

22 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 23 of 45 13.02 Agreements. All agreements and actions lawfully authorized by 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 persons of its choice such duties of the Condominium Association as it may determine, including, without limitation the Managing Agent. In furtherance of the foregoing and not in limitation thereof, the Condominium Association may obtain and pay for the services of any Person to manage its responsibilities hereunder or any part thereof, to the extent it deems advisable, as well as such other personnel as the Condominium Association shall

pay for the services of any Person to manage its responsibilities hereunder or any part thereof, to the extent it deems advisable, as well as such other personnel as the Condominium Association shall deem necessary or desirable for the proper operation of the Property, whether such personnel are furni employed directly by the Condominium Association or by any Person with whom or with which it contra’ costs and expenses incident to the employment of the Managing Agent or any other manager shall Expense. During the term of the management agreement with Managing Agent, the Managing performance of all the duties of the Condominium Association. The Managing Agent may manner as the Condominium Association may require, with the cost of acquiring any s Expense, In addition, the Condominium Association may hire and contract for, such professional services as are necessary or desirable in connection with the opera enforcement of this Declaration, or the rules and regulations.

13.03 Personal Property and Real Property for Common U§§§The Coifminium Association may acquire and hold tangible and intangible.personal property and real pr y dispose of the same. by sale or otherwise. All funds received and title to all propertiggacquired ndominium Association and the proceeds thereof, after deducting therefrom the costs incw the Condominium Association in acquiring or selling the same, shall be held by and for the benefit of the s. The shares of the Owners in the funds and assets cannot be individually assigned, hypothecated fe jn any manner, except to the extent that a transfer of the ownership of a Unit also tiasicggype rigs appurtenant to such Unit.

MON EXPENSES , Safety, welfare, common benefit, and enjoyment of the used for the general purposes of

extent that a transfer of the ownership of a Unit also tiasicggype rigs appurtenant to such Unit.

MON EXPENSES , Safety, welfare, common benefit, and enjoyment of the used for the general purposes of i gaining the Property and improvements therein.

Owners and Occupants of the J@pit of the initial Assessmengft } t, or three years from Declarant’s first conveyance of a Unit, whichever is earlier, Declarant sh option, in its sole discretion, to (i) pay Assessments on the Units as to which it is the Owner, Qiafi deficit in the Common Expenses of the Association by virtue of paying the amount to be set by the Condominium Association, will be made payable to the Association.

aid by the Buyer unless the Seller agrees otherwise. This Assessment will not be applicable to eclarant. The total amount of such funds and interest accrued thereon, if any, shall be a used to maintain, repair, and rebuild the roads on the Property. Notwithstanding anything herein to the contrary, Declarant shall have the option to waive contributions to the Initial Road Maintenance Assessment.

14.04 Computation of Annual Assessments. It shall be the duty of the Condominium Association to annually, at least thirty (30) days prior to an annual meeting, prepare a budget covering the estimated Common Expenses during the coming year, such budget to include a capital contribution or reserve account if necessary for the capital needs of the Property. The Condominium Association shall cause a copy of the budget and the proposed 23 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 24 of 45 total of the Annual Assessments to be levied against Units for the following year to be delivered to each Owner at

ed 23 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 24 of 45 total of the Annual Assessments to be levied against Units for the following year to be delivered to each Owner at least fifteen (15) days prior to such meeting. The budget and the Annual Assessments shall become effective unless disapproved at the meeting by a vote of a majority of the Owners who are 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 Annual Assessments in effect for the then current year shall be increased in proportion by the greater of either ten (10%) percent of the budget and assessments for the previous year or by the percentage increase, if any, over the previous year's Consumer Price Index (all Urban Consumers, United States City Average, All Items 1967=100), or its successor index, and such increase shall be implemented for the succeeding year, until a new budget shall have been approved as provide Commencing on the first day of the period covered by the annual budget, and until the adoption of budget, the Assessments shall be allocated so that each Owner shall pay his pro rata portion of A Special Assessments, and reserves, if any, based upon a fraction, the numerator of which is the to owned by such Owner and the denominator of which is the total number of Units in the Prope Except as hereinafter specified to the contrary, Annual Assessments, Special Assessmeni be allocated equally to each Unit. Each Owner shall be assessed for each Unit purcha:

mber of Units in the Prope Except as hereinafter specified to the contrary, Annual Assessments, Special Assessmeni be allocated equally to each Unit. Each Owner shall be assessed for each Unit purcha: 14.06 Types of Common Expenses. The Common Expenses de ual Assessments may include, but shall not be limited to, the following: (a) administration fees and expenses of adminis ing g legal and accounting fees; (b) charges for common services, for the Unit Owner elects to use the service, includin mowing, edging, and blowing off paveggyeas, d and Owners, whether or not the lawn maintenance including pest control; (c) the cost of any policies o rchased for the benefit and protection of all the Owners and Units as requi by this Declaration, including fire, flood, and other hazard coverage, erage, and such other insurance coverage as the Condominium Associati the interests of the Owners; (d) the Property, the main the Managing Agen enance, operation, and repair of facilities serving the tio and repair of which the Condominium Association or ime determines to be in the best interest of the Owners; erating and monitoring, and maintaining the Community Control he Property including, without limitation, any gates used to enter the frm systems, fences, walls, hedges, or the like; System, if ant Villas separately assessed against Units; (g) damages to the Property in excess of insurance coverage; (h) all reserves, if any, established by the Condominium Association, regardless of when reserve funds are expended; (1) all costs and expenses relating to Assessments and other maintenance expenses attributable to any Units acquired by the Condominium Association; 24 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 25 of 45

ting to Assessments and other maintenance expenses attributable to any Units acquired by the Condominium Association; 24 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 25 of 45 (j) any unpaid 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 Condominium Association and Managing Agent from time to time in operating, protecting, managing, maintaining and conserving the Property and in carrying out its duties and responsibilities as provided by the Condominium Act, this Declaration, the Certificate of Formation, or the Bylaws; (1) any and all expenses that may be duly incurred by the Condominium Associatio and Managing Agent in compliance with any contribution and maintenance agreements, cost sharing agreements, easement agreements, and use agreements by and between the Condominium Association and a third party; and (m) any and all assessments, charges, and/or sums payable to the Cond Association pursuant to, and in accordance with the Declaration.

are, after the actual Common Expenses for that period are known, less the difference shall, at the election of the Condominium Association: Assessments for the next ensuing fiscal year; or (ii) be immediatel Assessment. The Condominium Association shall have the unequi retroactively on January Ist of any year for any shortfall i shall relate back to the date that the Annual Assessments cou required for such Special Assessment (or for any other Assess herein). All surplus funds, if any, shall be applied to red e calculation of Annual the Owners as a Special specially assess Owners nual As , which Special Assessment € been made. No vote of the Owners shall be

ll surplus funds, if any, shall be applied to red e calculation of Annual the Owners as a Special specially assess Owners nual As , which Special Assessment € been made. No vote of the Owners shall be except to the extent specifically provided 14.07 Special Assessments. In additioM@ e ssments authorized above, the Condominium Association may levy, in any assessment year, Speci! e $ for Common Expenses, applicable to that year only. The Declarant may make such Special Condominium Association's discreti Assessments are to be prorated am able in installments over a period which may, in the es¥ of the fiscal year in which adopted. Such Special ided with respect to Annual Assessments.

14.08 Individual xpenses occasioned by the conduct of less than all of the Owners, or by the family, tenants, ag ees of any such Owner shall be specially assessed against such Owners and their respective pvidual Assessments provided for in this Section 14.07 shall be levied by the Condominium Assogjati the’amount and due date of such Individual Assessment so levied shall be as specified by the Co i 14.09 Association.

e and payable in such manner and on such schedule as the Condominium Association may as provided in Section 15,02 herein, Declarant shall be responsible for the payment of Annual, d Special Assessments on Units which it owns. Annual Assessments and any outstanding Special Assessments shall be adjusted for such Unit according to the number of months then remaining in the year.

14.11 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 asset and the estimated, repair and replacement cost. If a reserve budget is

et which shall take into account the number and nature of significant replaceable assets, the estimated useful life of each asset and the estimated, repair and replacement cost. If a reserve budget is established, the Declarant shall set the required reserve contribution. The reserve contribution required shall be fixed by the Condominium Association and included within and distributed with the budget and Common 25 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 26 of 45 Expenses. The reserve budget may, if funded, be used by the Condominium Association to fund capital replacements, capital additions, and capital repairs.

IF RESERVES ARE ESTABLISHED, NEITHER THE CONDOMINIUM ASSOCIATION NOR DECLARANT SHALL BE UNDER ANY OBLIGATION TO FUND OR PAY RESERVE CONTRIBUTIONS. NOTHING IN THIS SECTION OR THIS DECLARATION SHALL REQUIRE THE CONDOMINIUM ASSOCIATION TO COLLECT OR ASSESS FOR CAPITAL RESERVES. IF RESERVES ARE COLLECTED, NO REPRESENTATION IS MADE THAT THE AMOUNTS COLLECTED WILL BE SUFFICIENT FOR ANY OR ALL CAPITAL REPLACEMENTS OR REPAIRS, AND IT IS LIKELY, T SPECIAL ASSESSMENTS MAY BE NECESSARY. IF ANY CLAIM IS MADE AGAINS E CONDOMINIUM ASSOCIATION FOR COMMON AREA CONDITIONS, ANY RESERVES E APPLIED TO REMEDY ANY CONDOMINIUM ASSOCIATION OR DIRECTOR LIABILI 14.12 No Obligation to Fund Reserves, Notwithstanding anything to the contr Declarant shall have no obligation to fund capital replacements, capital repairs, capital additions" kind. Any capital replacements, capital repairs, or additions shall be funded through res Special Assessments.

lara es of any collected or 14.13 Assessments_on Additional Property. Upon the ad portion thereof to the Property, the Units being added to the Prope

s shall be funded through res Special Assessments.

lara es of any collected or 14.13 Assessments_on Additional Property. Upon the ad portion thereof to the Property, the Units being added to the Prope are equal to those imposed upon Units previously in the Property. In su revised by the Condominium Association, without the necessj Expenses and Assessments related to such additional Units.

nal Property or any rth pay Assessments that udget shall be accordingly wners, to include Common 14.14 Notice of Meeting. Written notice of the the Owners, as well as any other meeting called far the not less than fifteen (15) days or more than fo (4 of the Condominium Association with akfhe any action, shall be sent to all Owners vance of such meetings.

CONDOMINIUM AS A LIEN FOR ASSESSMENTS ton of Assessments. Each Owner of a Unit, by acceptance of a deed or other conveyancg t er or not it shall be so expressed in such deed or conveyance, is ondominium Association: (a) an “Initial Assessment” to be ction 14.03 hereof, (b) “Annual Assessments” to be established and collected as provided in Sectio reof, (c) “Special Assessments” to be established and collected as provided in Section 14.9 ndividual Assessments” against any particular Unit which are established pof, including, but not limited to, fines as may be imposed against such Unit in and XVII. Any such Assessments, together with late charges, accrue simple gent (10%) per annum or the maximum interest rate allowed by the laws of the State er, and court costs and attorneys’ fees incurred to enforce or collect such Assessments, as provided in Sectio accordance with thi ke title to such Unit subject to the equitable charge and continuing lien therefore, but without

orneys’ fees incurred to enforce or collect such Assessments, as provided in Sectio accordance with thi ke title to such Unit subject to the equitable charge and continuing lien therefore, but without tights of such grantee to recover from his grantor any amounts paid by such grantee therefore; ever, the lien for unpaid Assessments shall not apply to the holder of any first priority Mortgage or to the holder of any Mortgage securing a loan made by Declarant, its affiliates, successors, or assigns, and who takes title to a Unit through foreclosure or through conveyance of a deed in lieu of foreclosure or to any purchaser of such Unit at such foreclosure sale. In the event of co-ownership of any Unit, all of such co-Owners shall be jointly and severally liable for the entire amount of such Assessments. Assessments shall be paid in such manner and on such dates as may be fixed by the Condominium Association, provided that unless otherwise provided by the Condominium Association, the Annual Assessments shall be paid at the beginning of each month 26 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 27 of 45 as established, or may be paid for an entire calendar year in one payment, in accordance with the policies and procedures established by the Condominium Association.

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 each Person liable for the payment of Assessments, and the Condominium Association has the right to require an

. The obligation to pay Assessments is a separate and independent covenant on the part of each Person liable for the payment of Assessments, and the Condominium Association has the right to require an unconditional personal continuing guarantee from a principal of an entity that owns a Unit. Assessments will be due and payable during any period of suspension of use of all or portions of the Common Elements, The O shall be deemed to covenant and agree to pay the Assessments and such obligations shall be subsequent purchasers of such Unit. No diminution or abatement of Assessments or set-off s allowed by reason of any alleged act or omission of Declarant, the Condominium Associatig Agent to take some action or perform some function required to be taken or perforn Condominium Association or the Managing Agent, or for inconvenience or discomfort gxisi Managing Agent, or from any action taken by Declarant in connection with the dé from any action taken to comply with any law, ordinance, or with a other governmental authority.

and encumbrances on such ts or charges against the Unit nd. Gi) liens for all sums unpaid on a Mortgage 15.03 Superiority of Liens. Such liens shall be superior to er li Unit except only for: (i) liens of ad valorem taxes and other ggyernmenta unless otherwise provided in the Texas Tax Code, Section 323 or on any Mortgage to Declarant, or its affiliates, Successors, 0 ns, and all amounts advanced pursuant to any such Mortgage and secured thereby in accordance of such instrument. Notwithstanding the foregoing to the contrary, the subordination of aggessmg M@marees to the lien of such Mortgages shall only apply to such assessments and charges that have e i lieu of foreclosure. All other persons acquiring lien ,

he contrary, the subordination of aggessmg M@marees to the lien of such Mortgages shall only apply to such assessments and charges that have e i lieu of foreclosure. All other persons acquiring lien , recorded shall be deemed to consent that su cumbrances shall be inferior to such future liens for assessments and charges as Prove ee ethey such prior consent shall be specifically set forth in the instruments creating such liens or mgbral 15.04 Effect of N dies of the Condominium Association. Any Assessments or charge of an Owner or any portion i ot paid when due shall be delinquent. Any Assessment or charge delinquent for a period of m ) days after the date when due shall incur a late charge in an amount as may be determined by the i Association from time to time and shall also commence to accrue p peN@nt (10%) per annum or the maximum interest rate allowed by the laws of lower. A lien and equitable charge as herein provided for each Assessment or charge shall atta ; 'y as the same shall become due and payable, and if an Assessment or charge has U) days, the entire unpaid balance of the Assessment or charge may be accelerated minium Association and be declared due and payable in full. The continuing lien and such Assessment or charge shall include the late charge established by the Condominium on the principal amount due at the rate of ten percent (10%) per annum or the maximum owed by the laws of the State of Texas, whichever is lower, all costs of collection (including Condominium Association may institute suit to collect such amounts and to foreclose its lien. The equitable charge and lien provided for in this Article shall be in favor of the Condominium Association, and each Owner, by his

ay institute suit to collect such amounts and to foreclose its lien. The equitable charge and lien provided for in this Article shall be in favor of the Condominium Association, and each Owner, by his acceptance of a deed or other conveyance to a Unit vests in the Condominium Association and its agents the right and power to bring all actions against them personally for the collection of such assessments and charges as a debt and/or to foreclose the aforesaid lien in the same 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 27 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 28 of 45 of sale in connection with such lien. The Condominium Association shall have the power to bid on the Unit at any foreclosure sale and to acquire, hold, lease, mortgage, and convey the same.

15.05 Cumulative Rights. The preceding remedies are in addition to and not in substitution for all other rights and remedies which the Condominium Association may have under the Condominium Instruments and applicable law, including without limitation, pre-judgment and post-judgment garnishment of rents, bank accounts and other debts, judicial or non-judicial foreclosure of the Condominium Association’s assessment lien or pursuit of a personal judgment against the delinquent owner.

15.06 Certificate. The Condominium Association shall, within ten (10) days of a written requ upon payment of such fee as is from time to time determined by the Condominium Association, Owner or such Owner's Mortgagee which requests the same, a certificate in writing signed by thg

written requ upon payment of such fee as is from time to time determined by the Condominium Association, Owner or such Owner's Mortgagee which requests the same, a certificate in writing signed by thg Association setting forth whether the Assessments and charges for which such Owner is res Ss paid, and, if not paid, the outstanding amount due and owing, together with all fines, acc penalty charges. Such certificate shall be conclusive evidence binding all but such Oyger Assessments and charges stated therein to have been paid.

ARTICLE XVI USE RESTRICTIONS 16.01 Use of Common Elements. Owners shall not erection or removal of non-support carrying interior partitions lo shall be used only for furnishing of the services and facilitie any struc itions or alterations (except the wholly within Units). The Common Elements they are reasonably suited, and which are Limited Common Elements. No Owner shall allo would be unsightly or hazardous. No Owner shall al i fe Limited Common Elements shall at all times be shall be enforced. Garbage shall be disposed of through inder, along with bottles, cans and other trash shall be placed ed in the appropriate receptacles. No Owner shall make use kept in a clean and sanitary condition. Local re the kitchen garbage disposal so far as ible in waterproof bags or similar contaj of the Limited Common Element their use and enjoyment.

16.02 Nuisances, for the storage of any pragg Units or Limited Common Elements shall be used, in whole or in part, that will cause it to appear to be in an unclean or untidy condition or that will r shall any substance, thing, or material be kept on any portion of the Units or ppurtenant thereto that will emit foul or obnoxious odors or cause any noise or other

or untidy condition or that will r shall any substance, thing, or material be kept on any portion of the Units or ppurtenant thereto that will emit foul or obnoxious odors or cause any noise or other Murb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding fensive activity shall be carried on in any Units, Limited Common Elements or other t shall anything be done therein which may be or become an unreasonable annoyance or er. The Board shall have the right to determine if any equipment, fixture, improvement, materials, such noise or odor constitutes a nuisance. In particular, no Unit Owner shall play (or permit to be it or in the Limited Common Elements) any musical instrument, phonograph, television, radio or the the Limited Common condition that yg during the hours from 10:00 p.m. through 9:00 a.m. Additionally, there shall not be maintained therein any plants, animals, devices or things of any sort whose activities or existence is in any way noxious, dangerous, unsightly, unpleasant, or ofa nature that may diminish or destroy the enjoyment of the Units, or any other portions of the Property.

No outside burning of wood, leaves, trash, garbage, or household refuse shall be permitted within the Property. No activity specifically permitted by this Declaration shall be deemed a nuisance.

16.03 Air Conditioning Units. No window or wall mounted air conditioning units which are visible from outside of the Unit may be installed in any Unit.

28 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 29 of 45 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS DECLARATION, EACH OWNER.

AND THEIR RESIDENTS, GUESTS AND INVITEES WITHIN THE PROPERTY ACKNOWLEDGE AND AGREE THAT PERMITTED USES OF AIR CONDITIONING UNITS INHERENTLY INVOLVE

ING TO THE CONTRARY IN THIS DECLARATION, EACH OWNER.

AND THEIR RESIDENTS, GUESTS AND INVITEES WITHIN THE PROPERTY ACKNOWLEDGE AND AGREE THAT PERMITTED USES OF AIR CONDITIONING UNITS INHERENTLY INVOLVE SOME LEVEL OF NOISE AND THAT SUCH NOISE, IF ANY, SHALL NOT BE DEEMED TO CONSTITUTE A NUISANCE IN ANY MANNER.

16.04 Leases. The purpose and objective of this Section is to maintain a first class community with the residents, lessees and guests living in compatible coexistence with other financially responsible persons who are of like mind and acceptable both in character and comportment. This objective is considered to be both inygprtant and justified because of the necessity of sharing facilities and because of the large personal financial inv of each Owner. Therefore, other than those leases entered into by Declarant, the leasing of the Uni shall be subject to the following provisions: (a) Any and all lease agreements between an Owner and a lessee Owner shall (i) be in writing; (ii) be for residential purposes, (iii) be for not le time to time by the Managing Agent or the Board of Direc nightly room rentals and related services for all or any par and VRBO are strictly prohibited, and a Unit may not be lea!

a time-sharing arrangement. Any lessee or tenant terms and conditions of this Declaration, and the ru All Limited Common Elements appurtenant to a Uni with the lease of such Unit. The Owner shall pr € an executed copy of each lease and shajJ be syfini promptly following execution.

dregulations adopted hereunder.

be leased only in connection ominium Association with th® Condominium Association (b) Any lessee of a Uni to all provisions of this Declaration, the i a Certificate of Formation, the Byl@s, th and regulations of the Condominium

n ominium Association with th® Condominium Association (b) Any lessee of a Uni to all provisions of this Declaration, the i a Certificate of Formation, the Byl@s, th and regulations of the Condominium Association, and the Manasgfg toget—r with all exhibits and appurtenances thereto, and any other applica 1 other agreement, document or instrument Oo inistered by the Condominium Association or any aw, wre or regulation. Owners wishing to lease their Units e to the Condominium Association with the lessees of ich Is required by the Condominium Association to affect such ‘or injury or damage to property caused by or which is the ssee. All leases must provide that the lessee shall be subject in all B and provisions of Declaration, and shall provide that the iation shall have the right (i) to terminate the lease upon default by erving any of the provisions of the Declaration of Condominium, the of Formation or Bylaws, the rules and regulations of the Condominium or any other applicable provisions of any agreement, document or instrument ing the Condominium or administered by the Condominium Association, and (ii) to t all rental payments due to the Owner and to apply same against unpaid Assessments nd to the extent that, the Owner is in default in the payment of Assessmenis.

a 16.05 Lighting. Except for seasonal decorative lights, which may be displayed between Thanksgiving Day and January 10 only and in compliance with any regulations of the Condominium Association promulgated with respect thereto, the use and nature of all exterior lights and exterior-electrical outlets must be first approved in writing by the Condominium Association.

29 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 30 of 45

all exterior lights and exterior-electrical outlets must be first approved in writing by the Condominium Association.

29 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 30 of 45 16.06 Use of Balconies, Patios, and Porches. No grills, fire pits, or electric, gas, charcoal, or other fire-based cooking device are permitted to be used on any balcony, porch, patio, or other Limited Common Element of a Unit unless approved in writing by the Condominium Association. No whirlpools or hot tubs are permitted on the balcony, patio, porch, or other Limited Common Element of a Unit unless approved in writing by the Condominium Association.

16.07 Hazardous Substances. No flammable, combustible, or explosive fluids, chemicals or other substances may be kept in any Unit or Limited Common Elements except such as are generally used for normal household purposes. No electric, gas, charcoal or other cooking device intended for outsi permitted within the Unit, and is not permitted on the front lawn or entryway of the Unit. Said cookin: are only permitted in a fenced-in backyard.

16.08 Fireplaces. No alterations, modifications, or enhancements of the fireplaceg any other change of any nature that would affect the fireplace's compliance with applg codes and ordinances are permitted.

16.09 Subdivisions. No Owner shall divide or subdivide a Unit for pu: 16.10 Relief by Condominium Association. The Condomi not the obligation) to grant relief in particular circumstances fr contained in this Article XVI for good cause shown as determine sole discretion.

have the power (but ons of specific restrictions minium Association in its 16.11 Effect on Declarant. Subject to the followi ceptions, the restrictions and limitations set

s determine sole discretion.

have the power (but ons of specific restrictions minium Association in its 16.11 Effect on Declarant. Subject to the followi ceptions, the restrictions and limitations set forth in this Article XVI shall not apply to Declarant o n ned by Declarant. Declarant shall not be Condominium Association, pet restrictions, pando, sed on age and vehicular restrictions, except as such vehicular restrictions relate to Declarani ns , maintenance and marketing activities.

ject to the provisions hereof, the Condominium Association or the les and regulations concerning the use of Units, the Common Copies of such rules and regulations and amendments thereto shall be ctive date of such rules and regulations and amendments thereto. Such g upon the Owners, their families, tenants, guests, invitees, servants, and uch rule or regulation be specifically overruled, canceled, or modified by the the Managing Agent.

r, including, without limitation, the failure to timely pay any Assessments or charges, the ociation shall have the power (i) to impose reasonable monetary fines which shall constitute chafge and a continuing lien upon the Unit, the Owners, Occupants, or guests that are guilty of such (ii) to suspend an Owner's right (and the right of such Owner's family, guests, and tenants and of ers of such Owner and their respective families, guests, and tenants) to use any of the Common s, and the Condominium Association shall have the power to impose all or any combination of these sanctions. An Owner shall be subject to the foregoing sanctions in the event of such a violation by such Owner,

e Condominium Association shall have the power to impose all or any combination of these sanctions. An Owner shall be subject to the foregoing sanctions in the event of such a violation by such Owner, his family, guests, or tenants or by his co-Owners or the family, guests, or tenants of his co-Owners. Any such suspension of rights may be for the duration of the infraction and for any additional period thereafter, not to exceed thirty (30) days. The fines levied and assessed as provided for in this Section 17.02 herein shall be a lien upon the applicable Unit in the same manner as that provided for in Section 15.01 herein. The effect of the non30 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 31 of 45 payment of such fines and the remedies of the Condominium Association to enforce collection thereof shall be the same as those provisions provided for in Section 15.04 herein.

ARTICLE XVIII AMENDMENTS 18.01 Amendments by Declarant. This Declaration, including the Plans and Plat, may be amended only by vote or agreement of Unit Owners (including Declarant, while it holds title to a Unit) to which at least sixtyseven percent (67%) of the votes in the Condominium Association are allocated. While Declarant control: sixty-seven percent (67%) of the votes in the Condominium Association, Declarant may amend this Ded without the approval of any Owner or Mortgagee; provided, however, that, with the exception of t i any portion of the Additional Property to the terms of this Declaration, (i) in the event that materially and adversely alters or changes any Owner's right to the use and enjoyment of his Elements as set forth in this Declaration or adversely affects the title to any Unit, such ame

e event that materially and adversely alters or changes any Owner's right to the use and enjoyment of his Elements as set forth in this Declaration or adversely affects the title to any Unit, such ame only upon the written consent thereto by a majority in number of the then existing Owge (ii) in the event that such amendment would materially and adversely affect the se Mortgagee, such amendment shall be valid only upon the written consent there approved by Declarant, and by such Owners and Mortgagees if requi or other conveyance to a Unit agrees to be bound by such amendment further. agrees that, if requested to do so by Declarant, such Owne Declaration or any other instruments relating to the Prope ent is necessary to bring any provision hereof or thereof into compliance or conformity e provisions of any applicable governmental statue, rule, or regulation or any judicial determination which shi in conflict therewith, (b) if such amendment : ce coverage with respect to any Units institutional or governmental lender or [ ceptance of a deed d by this Section 18.01 and to the amendment. of this subject to this Declaration, (c) or if such amenggnent j purchaser of mortgage loans, including, for cat 7 Mortgage Corporation, to enable such lender or pu e or purchase mortgage loans on a Unit, or other improvements subject to this Declaration.

18.02 Particular Ame me tion 8.01 herein shall not apply to amendments to this Declaration by the Declarant i e addition of the Additional Property to the Property as provided in Section 5.02, 0 ichts of the Declarant pursuant to Section 5.04 or Section 5.06, or mate of Amendment. An amendment to this Declaration is effective only when made

n 5.04 or Section 5.06, or mate of Amendment. An amendment to this Declaration is effective only when made jng filed and upon the date when it is recorded in the Public Records of Smith County, ater date as shall be specified in the amendment itself.

ARTICLE XIX LIMITATION OF LIABILITY 19.01 Limitation of Liability of Officers and Directors of the Condominium Association. No officer or director of the Condominium Association shall be liable to any Owner of any Unit or any Occupant, for any claims, actions, demands, costs, expenses (including attorney's fees), damages or liability, of any kind or nature, except as otherwise expressly set forth in the Bylaws and such officers and directors shall be indemnified in accordance with the provisions of the Condominium Documents.

31 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 32 of 45 19.02 Limitation of Liability of Condominium Association. The Condominium Association shall not be liable: (i) for injury or damage to any person or property caused by the Common Elements or by an Owner or Occupant, or any other Person, or resulting from any utility, rain, snow, or ice, which may leak or flow from or over any portion of the Common Elements, or from any pipe, drain, conduit, appliance, or equipment which the Condominium Association is responsible to maintain under this Declaration; (ii) to any Owner or Occupant for loss or damage, by theft or otherwise, of any property which may be stored in or upon any of the Common Elements, or (iii) to any Owner or Occupant for any damage or injury caused in whole or in part by the failure

, by theft or otherwise, of any property which may be stored in or upon any of the Common Elements, or (iii) to any Owner or Occupant for any damage or injury caused in whole or in part by the failure of the Condominium Association to discharge its responsibilities under this Section 19.02.

19.03 Right of Action by Owners: Limitation of Liability of Officers and Directors of Condo Condominium Association for its willful failure to perform its duties and responsibilities here however, no other action may be brought against the Condominium Association or its subsidiaries, officers, directors, agents, employees, predecessors, successors, contractors, ¢ Association's obligations under the Declaration, each Owner hereby rel Condominium Association, and its affiliates, parents, subsidiaries, predecessors, successors, contractors, consultants, insurers, sureties, a harmless of and from any and all claims, damages, liabilities, cost attorney's fees) relating to the construction of, repair or rest Ss, agents, employees, grees to hold such Persons ses (including reasonable SPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGE INDEMNIFIED PARTY"), INDIVIDUALLY AND ARISE, RESULT, BE SU: INCURRED, OR WHICH CAN OR MAY ARISE, RESULT, BE SUSTAINED OR INC CTION WITH (1) THE EXERCISE OR FAILURE TO EXERCISE OR THE USE OR OF SUCH PERSON'S RESPECTIVE RIGHTS OR OBLIGATIONS CONTAINED IN OMINIUM DOCUMENTS; (I) THE BREACH BY AN OWNER OR OWNERS OF IN OF THIS DECLARATION; (1D) ANY HAZARDOUS SUBSTANCE, ON, IN, UNDE AIR ABOVE, ALL OR ANY PART OF THE PROPERTY; OR (IV) THE NEGAIG FE , WILLFUL MISCONDUCT, OR CRIMINAL MISCONDUCT OF AN OWNER OR O ARTICLE XX MEDIATION AND ARBITRATION 20.01 Mediation. The party seeking relief (the "Plaintiff") shall notify in writing the party against whom such

MISCONDUCT, OR CRIMINAL MISCONDUCT OF AN OWNER OR O ARTICLE XX MEDIATION AND ARBITRATION 20.01 Mediation. The party seeking relief (the "Plaintiff") shall notify in writing the party against whom such relief is sought (the "Defendant"), describe the nature of such claim, the provision of this Agreement which is alleged to have been violated by the Defendant, and the material facts surrounding such claim. Such mediation shall occur within forty-five (45) days of Defendant’s receipt of the notice of claim. The parties shall use their best efforts to agree on a mediator. If the parties are unable to agree on a mediator, a mediator shall be appointed 32 Declaration of Condominium 2020 ~ 202001044134 11/19/2020 12:13PM Page 33 of 45 by the then presiding judge of the United States District Court of the Tyler Division of the Eastern District of Texas. Within thirty (30) days of the appointment of the foregoing described mediator, the Plaintiff and Defendant shall hold a mediation hearing before such mediator at such time and place as the Plaintiff and Defendant may agree. Any findings or awards of the mediator shall be final and binding upon the Owners involved in the Dispute and such Owner’s Mortgagees and non-appealable judgment thereon may be entered by any court having jurisdiction. The costs of the mediation shall be divided equally between the parties, except that each party shall bear its own attorney’s fees and costs.

1 20.04 "Dispute." Any claim, grievance or other dispute arising out of or relating to: (i) the i application or enforcement of the Condominium Documents; (ii) any conflict or dispute arising be two or more Owners; (iii) the proper party to bear a maintenance cost or expense or a capital Condominium Association, in accordance with legal requirements

ts; (ii) any conflict or dispute arising be two or more Owners; (iii) the proper party to bear a maintenance cost or expense or a capital Condominium Association, in accordance with legal requirements properly conduct elections; (x) give adequate notice of meetings or ac allow inspection of books or records. The following shall not be co: rly conduct meetings; or (z) tes" unless all parties shall y suit by the Condominium illary relie ¢ court may deem necessary to ion's ability to enforce the provisions of the include Declarant and the Condominium action independent of the Condominium maintain the status quo and preserve the Condominium Ass Condominium Documents; (ii) any suit between Owners Association if such suit asserts a dispute that would con: Unit or the Common Elements; or (iv) any Documents; (iii) any disagreement that primarilg@mvol tj suit in which the applicable statute of limitations w ex in one hundred eighty (180) days of the giving of notice as provided in this Article XX unles: inst whom the Dispute is made agree to toll the to,c statute of limitations for a period of time ne ly with this Article XX.

ARTICLE XxI RAL PROVISIONS 21.01 Enforcement.

this Declaration, as ¢j conditions, and rest wn shall comply strictly with the rules and regulations adopted pursuant to e may be lawfully amended from time to time, and with the covenants, orth in this Declaration and in the deed or other instrument of conveyance to his with any of the same shall be grounds for imposing fines, for suspending voting rights or rig mc to the Common Elements, or for instituting an action to recover sums due, for mnctive relief, such actions to be maintainable by the Condominium Association, or, in a ieved Owner. Should the Condominium Association employ legal counsel to enforce any

on to recover sums due, for mnctive relief, such actions to be maintainable by the Condominium Association, or, in a ieved Owner. Should the Condominium Association employ legal counsel to enforce any costs incurred in such enforcement, including court costs and reasonable attorney’ s fees, shall e violating Owner. Inasmuch as the rules and regulations are essential for the effectuation of the f development contemplated hereby and for the protection of present and future Owners, it is hereby t any breach thereof may not adequately be compensated by recovery of damages, and that the Condominium 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 or shall be deemed a waiver of the right to enforce such right, power, or remedy thereafter as to the same violation or breach, or as to a violation or breach occurring prior or subsequent thereto, and shall not bar or affect its enforcement. No right of action shall accrue nor shall any action be brought or maintained by anyone whatsoever against the 33 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 34 of 45 Condominium Association for or on account of any failure to bring any action on account of any violation or breach, or threatened violation or breach, by any Person of the provisions of this Declaration, or any rules and regulations however long continued.

to bring any action on account of any violation or breach, or threatened violation or breach, by any Person of the provisions of this Declaration, or any rules and regulations however long continued.

21.02 Duration, The provisions of this Declaration shall run with and bind title to the Property, shall be binding upon and inure to the benefit of all Owners and Mortgagees and their respective heirs, executors, legal representatives, successors, and assigns, and shall be and remain in effect for a period of thirty (30) years from and after the date of the recording of the Declaration, provided that rights and easements which are stated herein to have a longer duration shall have such longer duration. Upon the expiration of said thirty (30) yeargeriod, this Declaration shall be automatically renewed for successive ten (10) year periods. The number of ten ( renewal periods shall be unlimited, with this Declaration being automatically renewed and exten expiration of each ten (10) year renewal period for an additional ten (10) year period; provided, hoy, shall be no renewal or extension of this Declaration, if, during the last year of the initial thirty the last year of any ten (10) year renewal period, eighty percent (80%) of the Owners vote ig such instrument to contain a certificate wherein the Condominium Association swe duly adopted by the requisite number of votes. Every purchaser or gra acceptance of a deed or other conveyance, therefore, thereby agrees tha with and bind title to the Property as provided hereby.

construed together and given that interpretation or cons Association will best effect the intent of the general plan liberally interpreted and, if necessary, they shall be so e e n which, 1 opinion of the Condominium velopment. The provisions hereof shall be

ssociation will best effect the intent of the general plan liberally interpreted and, if necessary, they shall be so e e n which, 1 opinion of the Condominium velopment. The provisions hereof shall be nlarged by implication as to make them fully effective. The provisions of this Declaration s mer well force and effect notwithstanding the existence of any zoning ordinance or buildinPoode less restrictive. The effective date of this Declaration shall be the date of its filing for recor e ecords of Smith County, Texas. The captions of each Article and Section hereof as to 0 ach Article and Section are inserted only for convenience and are in no way to be co as,diping, limiting, extending, or otherwise modifying or adding to the particular Article or Prion hich ey refer. This Declaration shall be construed under and in accordance with the laws of thegffat: rant, the Condominium Association, and the Owners that the liance with applicable usury laws of the State of Texas. In furtherance thereof, said parties stipula’ at none of the terms and provisions contained in the Condominium Documents shall ever. : create a contract to pay for the use, forbearance or detention of money, 21.04 Usury. It is Mocuments shall never be liable for unearned interest at a rate in excess of the ay be lawfully charged under applicable laws of the State of Texas, and the provisions constitute interest at a rate in excess of that permitted to be charged by applicable laws of the State uch sums deemed to constitute interest in excess of the legal rate shall be immediately returned to r other party so paying said monies upon such determination.

21,05 Fair Housing. Neither Declarant nor any Owner shall, either directly or indirectly, forbid the

rate shall be immediately returned to r other party so paying said monies upon such determination.

21,05 Fair Housing. Neither Declarant nor any Owner shall, either directly or indirectly, forbid the conveyance, encumbrance, renting, leasing, or occupancy of the Owner's unit to any person on the basis of race, color, sex, religion, familial status, ancestry, or national origin.

21.06 Reasonable Accommodations, Notwithstanding any other rule, regulation, or restriction, the Board and the Declarant shall make reasonable accommodations in the rules, regulations, or restrictions if 34 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 35 of 45 such accommodations may be necessary or appropriate to afford a person with a disability an equal opportunity to use and enjoy the Condominium.

21.07 Gender and Grammar, The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply either to corporations or other entities or to individuals, men or women, shall in all cases be assumed as though in each case fully expressed.

21.08 Severability. Whenever possible, each provision of this Declaration shall be interpreted j manner as to be effective and valid, but if the application of any provision of this Declaration to any pe to any property shall be prohibited or held invalid, such prohibition or invalidity shall not aff provision or the application of any provision which can be given effect without the invalj Owners, and their Mortgagees as herein provided, and by such recording, no adjoinigf party shall have any right, title or interest whatsoever in the Property, except aj or in the rights of Declarant and Mortgagees as herein provided, the Owner:

ded, and by such recording, no adjoinigf party shall have any right, title or interest whatsoever in the Property, except aj or in the rights of Declarant and Mortgagees as herein provided, the Owner: amend, or otherwise change the provisions of this Declaration witho any adjoining Owner or third party.

to extend, modify, ermission, or approval of 21.10 Notice of Sale, Lease, or Mortgage. In the e Owner sells, leases, mortgages, or otherwise disposes of any Unit, the Owner must promptly fu the Managing Agent in writing the name and address of such purchaser, lessee, mortgagee, or tra: 21.11 Condominium Information; Res rti 207.003, not later than the tenth (10) business day written request for condominium information is received from an Owner or the Owner's a aser of property in a subdivision or the purchaser's agent, or a title insurance company oy its a acting onWehalf of an Owner or purchaser, and the evidence of the requestor's authority to order a fale c cate Mader Section 207.003(a-1) of the Texas Property Code is purchaser or the purchaser's insurance company or its agent, the following information: ordance with Texas Property Code Section ent copy of the Bylaws and rules and regulations of the ion; may be amended or renumbered from time to time.

nd ium Association may charge a reasonable fee to assemble, copy, and deliver the information rge a reasonable fee to prepare and deliver an update of a resale certificate.

21.12 No Trespass. Whenever the Condominium Association, and its respective successors, assigns, agents, or employees are permitted by this Declaration to enter upon or correct, repair, clean, maintain,

.12 No Trespass. Whenever the Condominium Association, and its respective successors, assigns, agents, or employees are permitted by this Declaration to enter upon or correct, repair, clean, maintain, preserve, or do any other action within any portion of the Property, the entering thereon and the taking of such action shall not be deemed to be trespass.

35 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 36 of 45 21.13 Notices. Notices required hereunder shall be in writing and shall be delivered by hand or 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 at 2329 Oak Alley, Suite 1, Tyler, Texas 75703, or to such other address as the Declarant may from time to time notify the Owners. Notices to Mortgagees shall be delivered or sent to such addresses as such Mortgagees specify in writing to the Declarant.

36 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 37 of 45 EXECUTED this Tey of Notember2020.

DECLARANT SHACKELFORD CREEK LAND COMPANY, LLC, a Texas limited liability company eC s ta LENARD MCMILLIN, Manager THE STATE OF TEXAS § COUNTY OF SMITH § LENARD MCMILLIN as Manager, on behalf of SH Texas limited liability company. @ Meme , 2020, by CREEK LAND COMPANY, LLC, a | brew NOTARY PUBLIG}- STATE OF TEXAS 37 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 38 of 45 Consent of Lienholder By its execution hereof, the undersigned mortgagee hereby ratifies the terms of this Declaration and

claration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 38 of 45 Consent of Lienholder By its execution hereof, the undersigned mortgagee hereby ratifies the terms of this Declaration and subordinates its liens, rights and interests, including those created by its mortgages or deeds of trust in or against the property, to the terms and conditions of the Declaration.

BTH BANK, NATIONAL ASSOCIATION By: Print Name: Title: THE STATE OF TEXAS § COUNTY OF SMITH § ¢ This instrument was acknowledged beft ont day of Novemben , 2020, by ath Toller Vv on behalf of BTH BANK, National Association.

38 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 39 of 45 Consent of The Brooks at Cumberland Park Homeowner’s Association The Brooks at Cumberland Park Homeowner's Association a Texas nonprofit corporation, hereby consents to this Declaration and specifically to the use of HOA amenities by Unit Owners and the obligation of each Unit Owner to comply with the restrictions, requirements, fees and dues structures and such other rules and regulations as are applicable to all other members of the HOA.

THE BROOKS AT CUMBERLAND PARK ASSOCIATION, a Texas nonprofit corporation By: LENARD MCMIL THE STATE OF TEXAS — § COUNTY OF SMITH § This instrument was acknowledged before m th f Mo\ymbev , 2020, by LENARD MCMILLIN as PRESIDENT on be! fT OKS AT CUMBERLAND PARK HOMEOWNER’S ASSOCIATION, a Texas.poni oration.

C NOTARY PUBJJIC - STATE OF TEXAS 39 Declaration of Condominium 2020 - 202001044134 11/19/2020 12:13PM Page 40 of 45 EXHIBIT "A" PLANS AND PLAT 1. Recorded Plat of Initial Property recorded at Cabinet F Slide 145-D, Official Public Records, Smith County, Texas.

2. The Villas at the Brooks Condominiums, consisting of 29 Units which MUST BE BUILT.

Recorded Plat of Initial Property recorded at Cabinet F Slide 145-D, Official Public Records, Smith County, Texas.

2. The Villas at the Brooks Condominiums, consisting of 29 Units which MUST BE BUILT.

Declaration of Condominium 40 이 MATCHLINE 0.15 Acres 475 78.6 S 62'33'29" 126.8 UNIT 0.17 Acres 50 6'31" E 765 S 62'33'29" W 126.60 76.6 UNIT 27 0.15 Acres 40 A 39.88' 27'26'31" W N 27 26 278 $ 272 57.5 75.6 S 62'33'29" W 126.60 76.6 40 UNIT 28 0.15 Acres R500.00 L13 57.50 N 27'26'31" W 50.00' N 27°26'31" W N 27'26'31" W N 27'26'31" w A38.25 50.00' 58.24' TOTAL: 236.96' MARSH FARM ROAD N 27'26'31" w 50.00 248.48' S 27'26'31" E 0.17 Acres 65.5 N_62-33 29 E 105.50' 65.5 L7 40 50.00' S 27'26'31" E 50.00' 76.5 5 62'33'29" W 126.60 76.6 40 37.70 MATCHLINE 223 35 25 S 45'16'41" W 42.53' 1254 40 S 45'16'41" W 50.00 ' -N 45'16'41" E139.88' N 27°26'31" W 15 64.26' 26'31" E S 5.07' UNIT 10 0.12 Acres 65.5 S 62°33'29" W 105.50' L6 N 50.00' 27-26'31" E 30.81' 27-26'31" 40 S 62'33'29" W W 33 19 UNIT 9 0.27 Acres 6 35.658 N 62'33'29" E 53.24' 39.58 42.21 N 89'59'19" E 54.73' 361 S 27°26'31" Е 50.00' 40 N 62-33'29" E158.74 105.505 UNIT 8 27'26'31 00 N 27°26'31" W 50.00' PRIVATE STREET 25 40 65.5 52 33'29" 105 LIN 0.12 UNIT 5 0.30 Acres 137 44 S 27'26'31" 153.00 50.00' 31" E 101.31 S 00'00'41" E 133.14 ' 5 011 2184 136.12 S 00'00'41" E 184.54 ' 15 TOTAL: 452.85' UNIT 29 0.17 Acres 766 S 62'33'29" W 111.60' UNIT 30 SHARED ACCESS, DRAINAGE & UTILITY ESMT.

0.82 Acres N 62'33'29" E 73.09' 4324 S 27'26'31" E 43.24 L14 LOT 62-A N.C.B. 1730-F 5.516 ACRES CAB. F. SLIDE 145-0 P.R.S.C.T.

N 62'33'29" E 50.00' 15 N 27°26'31" W 38.00' N 62'33 105.50 855 UNIT 6 0.13 Acres "90.50' N 62'33'29" E THE BROOKS AT CUMBERLAND PARK PHASE-6

E 145-0 P.R.S.C.T.

N 62'33'29" E 50.00' 15 N 27°26'31" W 38.00' N 62'33 105.50 855 UNIT 6 0.13 Acres "90.50' N 62'33'29" E THE BROOKS AT CUMBERLAND PARK PHASE-6 FIRST AMENDMENT N 62'33'29" Ε.

50.00' 128 53.95' 36.00' N 27'26'31" w S 6'31" N 62'33'29" E 36.55' N 62'33'29" E 104.35' 10 89 S 62'33'29" W 53.35' 35.95 1546 S 27'26'31" 103.54 63.47 UNIT 1 0.16 Acres 07 33 R490' 64.

A99.85 R500.00 C1 P.O.B. LAND DESCRIPTION 10 42.93 47 40 UNIT 4 0.19 Acres 64.69 N 27°26'31" 103.84 53.82 UNIT 3 0.12 Acres 6368 $ 27 26 31 103.76 63.65 UNIT 2 0.12 Acres in 1 دعا 40 55 8533 S 00'00'41" E 85 83 135.17' S 62'48'37" W 50.00' 515 32.07 037 44.67' S 83'32'35" W S 62°48'37" W 54.14' THE BROOKS AT CUMBERLAND PARK PHASE-6 FIRST AMENDMENT S 62'48'37" W 50.00' TOTAL: 154.51' LOT 62-8 0,559 ACRES N.C.B. 1730-F. P.R.S.C.T.

[CAB. F. SLIDE 1450) 13.4 2020-202001044134 11/19/2020 12:13PM Page 41 of 45 80 120 GRAPHIC SCALE 0 40 000000 138.10 173.19 500.00′ 15 49'31" CURVE ARC LENGTH RADIUS (DELTA ANGLE CHORD BEARING CHORD LENGTH C1 9.66 465.00' 21 20'22" 244.01' 2'16'05" C4 22.00 244.01' 5'09'56' C5 97.72 207.92 26°55'42" C6 82.34 244.01 19°20'03" LINE BEARING L5 DISTANCE 2020-202001044134 11/19/2020 12:13PM Page 42 of 45 R465.00 A76.42' L10 C5 A97.72 R207.92 N 85°58'38" E 456 56.77 L13 R465.00 A60.66' A36.11' R465.00 N 27°26'31" w 57.50' 200 507 47.5 50

°26'31" W 6.79 2020-202001044134 11/19/2020 12:13PM Page 42 of 45 R465.00 A76.42' L10 C5 A97.72 R207.92 N 85°58'38" E 456 56.77 L13 R465.00 A60.66' A36.11' R465.00 N 27°26'31" w 57.50' 200 507 47.5 50 10 40.5 10 40 5299 5129 UNIT 23 0.35 Acres 126.04 765 UNIT 24 0.18 Acres 75.6 S 62'33'29" W 128.00 766 UNIT 25 0,15 Acres 405 40 25 C4 C6 R244.01 A50.68 35 OLD MILL RUN TOTAL: 159.35' N 4516'40" E 50.00 ' 25.79 N 45'16'40" E 50.00' 19 32 59 76 55 134.54 44°43'21" W 25 63 32 N 44'43'2 34.29' 43'21" W S 27°26'31" 50.50' E 75.6 S 62°33'29" W 126.60 76.6 25 UNIT 26 0.17 Acres 76.6 S 62'33'29" W _126.60' 475 L12 N 27'26'31" W 278.50' 57.50 L11 40 UNIT 22 0.15 Acres LOT 62-A N.C.B. 1730-F 5.516 ACRES 40 N 44°43'21" W S 45'16'40" W CAB. F. SLIDE 145-D P.R.S.C.T.

N 27'26'31" W 39.88' 50.00' N 27'26'31" w S 27'26'31" Е 248.48' L7 50.00' 10 49.12 میں 40 12 0.15 Acre UNIT 20 0.15 Acres 40 S 45'16'40" W 50.00 ' THE BROOKS AT CUMBERLAND PARK PHASE-6 FIRST AMENDMENT N 4516'40" E 80.32 59 18 UNIT 11 0.17 Acres 65.5 N 62'33'29" E 105.50 65.5 UNIT 10 0.12 Acres 655 S 62°33'29" W 105.50 40 155 26 28 61 N 46°17'44" E 31.00 ' TOTAL: 182.52 N 46'17'44 " E 50.01 ' N 46'17'44" E 50.01 ' N 46'17'44" E 51.51 ' 26 21 25.82 40 25-41 124.23 44'43'21" 73.76 40 UNIT 19 0.15 Acres 40 UNIT 18 0.15 Acres UNIT 17 0.14 Acres UNIT 16 0,14 Acres 75.71 44°43'21" W 40" w 50.0 S16'40" W 2320 N 45'16 51.69 18.31 42.55' 44°43'19" E 30 27 45.07' 50.02 64.26' N 27°26'31" w 3779 15 15 S 27'26'31" E 30.81 N 27'26'31" W 50.00' 41.69 1 40 S 45'16'40" W 45'16'40" E 50.00' 409.73 112.70 UNIT 12 0.15 Acres 55 S 45'16'40" W 50.00 ' VATE STREET N 45'16'40" E 50.00 UNIT 13 N 4516'40" E 44 43 50.00' 40 S 45'16'40" W 50.00 ' UNIT 30 SHARED ACCESS, DRAINAGE &

5'16'40" E 50.00' 409.73 112.70 UNIT 12 0.15 Acres 55 S 45'16'40" W 50.00 ' VATE STREET N 45'16'40" E 50.00 UNIT 13 N 4516'40" E 44 43 50.00' 40 S 45'16'40" W 50.00 ' UNIT 30 SHARED ACCESS, DRAINAGE & UTILITY ESMT.

0.82 Acres 110.02 UNIT 14 0.13 Acres 22.3 35 25 S 45'16'41" W 42.53 ' 125.48 S 4516 50.00' -N 45'16'41" E139.88' 36.17 S 451041" W 97 33.19 35.68 UNIT 9 0.27 Acres 3 101.31 00'00'41" 133.14' S 2184 6.18 S 45'16'40" W 50.00 ' 515 S 00'00'28" W 197.10 ' TOTAL: 241.63' MATCHLINE25' 39.51 23.88 95.07' S 51 ° 11.22 UNIT 15 0.16 Acres 3317 S 45'16'40" W 34.51 ' 1 1951 15 S 00'00'28" W 20.34 40.76 LINE BEARING DISTANCE L4 L5 L6 L8 CURV C2 RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH 465.00' 21'20'22" .66 244.01' 2'16'05" 22.00 244.01' 5'09'56" C5 97.72 207.92 26'55'42" C6 82.34 244.01 19'20'03" N 0 GRAPHIC SCALE 40 80 120 MARSH FARM ROAD MATCHLINE 2020 - 202001044134 11/19/2020 12:13PM Page 43 of 45 Legal Description Lot 62-A, N.C.B. 1730-F The Brooks at Cumberland Park - Phase 6 First Amendment City of Tyler Smith County, Texas ALL THAT CERTAIN lot, tract, or parcel of land situated within the Thomas Blackwell Survey Abstract 112 and the Benjamin Fry Survey Abstract 355, Smith County, Texas and being all of Lot 62-A, N.C.B. 1730-F as shown on the plat The Brooks at Cumberland Park, Phase 6, First Amendment, recorded in

act 112 and the Benjamin Fry Survey Abstract 355, Smith County, Texas and being all of Lot 62-A, N.C.B. 1730-F as shown on the plat The Brooks at Cumberland Park, Phase 6, First Amendment, recorded in Cabinet F, Slide 145-D in the Plat Records of Smith County, Texas and Dei more completely described as follows: BEGINNING at a 1/2 inch iron rod set capped “Summit Survey i ” southwest corner of said Lot 62-A and the northwest corner of a being in the northeast right of way line of Marsh Farm ; THENCE along the west line of said Lot 62-A and s follows: North 43 deg. 16 min. 02 sec. West, a distan 5.36 feet to a 1/2 inch iron rod set capped “Summit Surveying’ and being fag. ing of a curve to the right, Along said curve to the right having eg. 49 min. 31 sec., a Radius of 500.00 feet, an Arc distance of 13 fi d a Chord which bears North 35 deg. 21 min. 17 sec. West a dis .66 feet to a 1/2 inch iron rod set capped “Summit Surveying at f Said curve, North 27 deg. 26 mig. est, a distance of 236.96 feet to a 1/2 inch iron rod set capped “S eWew” and being the beginning of a curve to the left, and, Along said cu 465.00 feet, having a Delta of 21 deg. 20 min. 22 sec., a Radius of tance of 173.19 feet and a Chord which bears North 38 est a distance of 172.19 feet to a 1/2 inch iron rod set deg. 06 cappegfsurN@ait Surveying” for the northwest corner of said Lot 62-A and being { ection with the south right of way line of Old Mill Run, THE along the northwest line of said Lot 62-A and said south right of way llows: North 37 deg. 40 min. 58 sec. East, a distance of 28.13 feet to a 1/2 inch iron rod set capped “Summit Surveying” at the beginning of a curve to the right, 2020 - 202001044134 11/19/2020 12:13PM Page 44 of 45

deg. 40 min. 58 sec. East, a distance of 28.13 feet to a 1/2 inch iron rod set capped “Summit Surveying” at the beginning of a curve to the right, 2020 - 202001044134 11/19/2020 12:13PM Page 44 of 45 Along said curve to the right having a Delta of 26 deg. 55 min. 42 sec., a Radius of 207.92 feet, an Arc distance of 97.72 feet and a Chord which bears North 51 deg. 41 min. 28 sec. East a distance of 96.82 feet to a 1/2 inch iron rod set capped “Summit Surveying” and being the point of a reverse curve to the left, Along said curve to the left having a Delta of 19 deg. 20 min. 03 sec., a Radius of 244.01 feet, an Arc distance of 82.34 feet and a Chord which bears North 55 deg. 29 min. 18 sec. East a distance of 81.95 feet to a 1/2 inch iron rod set capped “Summit Surveying” at the end of said curve, North 45 deg. 16min. 40 sec. East, a distance of 159.35 feet to a 1/2 inch rod set capped “Summit Surveying” and, North 46 deg. 17 min. 44 sec. East, a distance of 182.52 feet to a 1 rod found for the north corner of said Lot 62-A, THENCE South 51 deg. 47 min. 28 sec. East along t 62-A, a distance of 95.07 feet to a 1/2 inch iron rod of said Lot 62-A and being a northwest corner of L on-a plat-of The Brooks at Cumberland Park,.Phase Slide 275-B in said Plat Records; THENCE South 00 deg. 00 min. 28 sec. the east line of said Lot 62-A and the west line of Lots 7,8 and 9.of sag distance of 241.63 feet to a 1/2 inch iron rod found for an angi Cam j ast line and being the northwest corner of said Lot 9 and t t corner of Lot 10, N.C.B. 1730-F as shown on a plat of The Broo Cc erland Park, Phase 5, recorded in Cabinet F, Slide 29-A ingpid t Reg@rds; THENCE South 00 ec. East continuing along said east line and the west line of L n of said Phase 5 and the west line of Lots 13-A,

and Park, Phase 5, recorded in Cabinet F, Slide 29-A ingpid t Reg@rds; THENCE South 00 ec. East continuing along said east line and the west line of L n of said Phase 5 and the west line of Lots 13-A, 50, 49-A and 48- na plat of The Brooks at Cumberland Park, Phase 5, First Amend ‘a 1/2 inch iron rod set capped “Summit Surveying” for bf said Lot 62-A and the northeast corner of said Lot 62-B; 83 deg. 32 min. 35 sec. West along the south line of said Lot 62norm™ line of said Lot 62-B. a distance of 44.67 feet to a1/2 inch iron ed “Summit Surveying” for an angle break in said line, E South 62 deg. 48 min. 37 sec. West continuing along said south line aid north line, a distance of 154.51 feet to the PLACE OF BEGINNING containing 5.516 acres (240,275 square feet) of land.

The intent of the above description is to describe the same land as shown as Lot 62-A, N.C.B. 1730-F on the plat of The Brooks at Cumberland Park Phase 6, First Amendment, recorded in Cabinet F, Slide 145-D in the Plat Records of Smith County, Texas.

2020-202001044134 11/19/2020 12:13 PM Page 45 of 45 Smith County Karen Phillips Smith County Clerk Document Number: 202001044134 eRecording - Real Property DECLARATION Recorded On: November 19, 2020 12:13 PM Number of Pages: “ Examined and Charged as Follo Total Recording: $198.00 REREEREREEEK THI RT OF THE INSTRUMENT REKKKKRRREK Any provision herein whj the Sale, Rental or use of the described REAL PROPERTY because ae is invalid and unenforceable under federal law.

File Information: Record and Return To: Document Numb 001 34 Simplifite 19000091 vember 19, 2020 12:13 PM Receipt Number: User gilt, STATE OF TEXAS SFM, COUNTY OF SMITH age ‘ I hereby certify that this Instrument was FILED In the File Number sequence on the date/time

fite 19000091 vember 19, 2020 12:13 PM Receipt Number: User gilt, STATE OF TEXAS SFM, COUNTY OF SMITH age ‘ I hereby certify that this Instrument was FILED In the File Number sequence on the date/time att printed hereon, and was duly RECORDED in the Official Records of Smith County, Texas.

4 . re “Cy * “a Karen Phillips / HAHN Smith County Clerk f Smith County, TX