Book 18665 Page 1857 4pgs Doc# 20170152595 ASSIGNMENT AND ASSUMPTION OF DECLARANT’S RIGHTS AND OBLIGATIONS This Assignment and Assumption of Declarant’s Rights and Obligations (this “Assignment”), is executed by and between Vistas of La Cantera, LLC, a Texas limited liability company (“Assignor’’) and Vistas of La Cantera Owners Association, a Texas non-profit corporation (“Assignee”).
RECITALS: A. Assignor is the current “Declarant” under that certain Declaration of Covenants, Conditions and Restrictions for The Vistas of La Cantera, recorded in Volume 18659, Page 1673 of the Official Public Records of Bexar County, Texas (the “Vistas Covenants’).
B. Assignor desires to assign, non-exclusively, certain rights and obligations as Declarant pursuant to the Vistas Covenants, as more fully set forth herein, and Assignee desires to accept such assignment.
C. Assignor and Assignee desire to execute and deliver this Assignment to set forth their agreement with respect to such assignment and assumption.
ASSIGNMENT AND AGREEMENTS 1. Assignment of Declarant’s Rights. Assignor hereby assigns to Assignee, on a non-exclusive basis, the following rights and obligations of Assignor, as Declarant under the Vistas Covenants: (a) the obligation to maintain, repair, and replace the Common Areas (as defined in the Vistas Covenants); (b) the right to certain easements for the maintenance, repair and replacement of the Vistas Common Areas as set forth in the Vistas Covenants; and (c) the right to levy and collect assessments as set forth in Article VI of the Vistas Covenants. Except to the extent assigned in the immediately preceding sentence, Assignor hereby retains unto itself, its successors and assigns, all other rights, interests, powers,
e VI of the Vistas Covenants. Except to the extent assigned in the immediately preceding sentence, Assignor hereby retains unto itself, its successors and assigns, all other rights, interests, powers, privileges, benefits and obligations as Declarant under the Vistas Covenants.
2. Assumption of Declarant’s Rights. Assignee hereby assumes and agrees to perform and discharge the duties and obligations of Assignor assigned herein.
3. Defined Terms. Defined terms used in this Assignment and not otherwise defined herein shall have the meaning given such terms in the Vistas Covenants.
4. Binding Effect. This Assignment shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
5. Captions. The captions of sections in this Assignment are for convenient reference only and are not to be construed in any way as part of this Assignment.
6. Counterparts. This Assignment may be executed by facsimile or electronic transmission in two or more counterparts, each of which shall be deemed to be an original, but all of which taken together shall constitute but one and the same instrument.
7. Applicable Law. This Assignment shall be governed by and construed in accordance with the laws of the State of Texas and the laws of the United States of America applicable to transactions in Texas.
18288832v.1 128720/00004 STATE OF TEXAS § § COUNTY OF BEXAR § st EXECUTED to be effective as of tity ASSIGNOR: , 2017.
VISTAS OF LA CANTERA, LLC, a Texas limited liability company By: US Real Estate Limited Partnership, a Texas limited partnership, its Sole Member By: Namé: Bruce C. Petersen Title: Executive Managing Director Augus + sv This instrument was acknowledged before me on this ji day of Say, 2017, by Bruce C.
Texas limited partnership, its Sole Member By: Namé: Bruce C. Petersen Title: Executive Managing Director Augus + sv This instrument was acknowledged before me on this ji day of Say, 2017, by Bruce C.
Petersen, Executive Managing Director of USAA Real Estate Company, a Delaware corporation, the General Partner of US Real Estate Limited Partnership, a Texas limited partnership, the Sole Member of Vistas of La Cantera, LLC, a Texas limited liability company, on behalf of said limited liability company.
ID No. 481464ALAS OSOAOE HS 18288832v.1 128720/00004 OOQOO MELISSA ve Notary Public, State of Texas My comin. Exp. 01-11-2020 Wh barw Notary Public Signature ASSIGNEE: Bruce C. Petersen Title: President THE STATE OF TEXAS § COUNTY OF BEXAR 5 5+ ust This instrument was acknowledged before me this day of d#4¥, 2017, by Bruce C. Petersen, the President of Vistas of La Cantera Owners Association, Inc., a Texas non- pront corporation, on behalf of said non-profit corporation.
(SEAL) ELISA WILLIAMS .
Public, State of Texas.
My Comm, Exp. 01-11-2020 86000 GOO HIHOLS 18288832v.1 128720/00004 Doc# 20170152595 # Pages 4 08/03/2017 11:29AM e-Filed & e-Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Fees $34.00 STATE OF TEXAS COUNTY OF BEXAR This is to Certify that this document was e-FILED and e-RECORDED in the Official Public Records of Bexar County, Texas on this date and time stamped thereon.
08/03/2017 11:29AM COUNTY CLERK, BEXAR COUNTY TEXAS