AWINC.GOV.xx. .Declarations

0 3 93 8535 11300 ENABLING DECLARATION AND MASTER DEED FOR THE ESTABLISHMENT OF A CONDOMINIUM REGIME FOR WINNERS CIRCLE TRAVIS COUNTY, TEXAS 2-685.139 REAL PROPERTY RECORDS Travis County, Texas 09249 0315 } JUL-9-857858 * 113.00 Austin Data Inc. CM ADI10526 TR 3938535.001 TABLE OF CONTENTS Page 1 Article I.

DEFINITIONS 1.01 1.02 Articles.

Assessment 1.03 Association 1.04 Board 1.05 Building.

1.06 Bylaws 1.07 Common Elements 122222222222233mm+ 1.09 1.10 1.11 1.08 Common Expenses Common Interest Condominium or Unit Declarant ' 1.12 Declaration 1.13 1.14 1.15 Managing Agent 1.16 1.17 General Common Elements.

Limited Common Elements.

Map or Condominium Plan.

Member 1.18 Mortgage.

1.19 Mortgagee 1.20 Owner 1.21 Person 1.22 Project Documents .

1.23 Texas Condominium Act II.

DIVISION OF PROJECT AND CREATION OF PROPERTY RIGHTS.

4 4 4 4 4 4 4 2.01 Division of Project 4 2.02 The Units 4 2.03 The Common Elements 5 2.04 The Limited Common Elements 6 2.05 No Separate Conveyance of Undivided Interests 6 • 2.06 Partition Prohibited 6 2.07 Encroachment and Protrusion Easements 6 7 77777 III.

ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS 3.01 3.02 3.03 3.04 Association to Manage Common Elements.

Membership Transferred Membership Voting Rights.

3.05 Board of Directors.

MAINTENANCE AND ASSESSMENTS Personal Obligation of Assessments Purposes of Assessments.

Regular Monthly Assessments and Creation of Lien IV.

4.01 4.02 4.03 4.04 Special Assessments 4.05 4.06 Date of Commencement of Assessment; Due Dates 4.07 Foreclosure Transfer of Unit by Sale or 4.08 Separate Taxation Assessment Lien (1) 09249 0316 7 7 18 8 669 10 10 10 °° Austin Data Inc. CM ADI10526 TR 3938535.002 " Article Page DUTIES AND POWERS OF THE ASSOCIATION 11 5.01 Duties and Powers 11 5.02

arate Taxation Assessment Lien (1) 09249 0316 7 7 18 8 669 10 10 10 °° Austin Data Inc. CM ADI10526 TR 3938535.002 " Article Page DUTIES AND POWERS OF THE ASSOCIATION 11 5.01 Duties and Powers 11 5.02 Maintenance of Project by Association 12 5.03 Association Easements and Access To Units.

12 VI.

UTILITIES 13 · 6.01 Owners' Rights and Duties 13 6.02 Easement for Utilities and Maintenance.

13 6.03 Association's Duties 14 VII.

USE RESTRICTIONS 14 7.01 Use of Units and Common Elements 14 7.02 Nuisances 15 7.03 Vehicle Restrictions 15 7.04 Temporary Structures 16 7.05 Signs 16 7.06 Obstruction of Passageways 16 7.07 Projections from Units 16 666 7.08 7.09 Plumbing Fixtures and Appliances Animals .

16 16 7.10 Garbage and Refuse Disposal.

16 7.11 Drilling and Mining 16 7.12 7.13 Mortgaging a Unit - Priority.

Owner's Responsibility for 16 aaaa Maintenance of Unit .

17 7.14 Compliance with Provisions of Declaration and Bylaws 17 7.15 No Warranty of Enforceability 18 VIII.

INSURANCE, REPLACEMENT AND CONDEMNATION 18 8.01 8.02 Insurance; Damage or Destruction Condemnation 18 23 8.03 Financing of Purchase of Unit By Association 24 IX.

9.01 GENERAL PROVISIONS 25 Enforcement 25 9.04 9.05 9.02 Invalidity of Any Provision 9.03 Termination of Mechanic's Lien Rights and Indemnification Mortgage Protection Clauses .

Alteration or Destruction of Units or Limited Common Elements 25 25 25 55 27 9.06 Revocation or Amendment to Declaration 27 9.07 Distribution of Foreclosure Proceeds 27 9.08 Limitation of Restrictions on Declarant .

27 9.09 9.10 9.11 9.12 Termination of Any Responsibility of Declarant Notice Legal Intent Miscellaneous.

28 1222 28 29 29 6699 2-685.140 09249 0317 (ii) Austin Data Inc. CM ADI10526 TR 3938535.003 ENABLING DECLARATION AND MASTER DEED

n of Any Responsibility of Declarant Notice Legal Intent Miscellaneous.

28 1222 28 29 29 6699 2-685.140 09249 0317 (ii) Austin Data Inc. CM ADI10526 TR 3938535.003 ENABLING DECLARATION AND MASTER DEED FOR THE ESTABLISHMENT OF A CONDOMINIUM REGIME FOR WINNERS CIRCLE TRAVIS COUNTY, TEXAS THIS ENABLING DECLARATION AND MASTER DEED FOR THE ESTABLISHMENT OF A CONDOMINIUM REGIME FOR WINNERS CIRCLE ("Declaration"), made on the date hereinafter set forth, by The Condos of Long Champ Joint ("Declarant"), is Venture made with reference following facts: to A. Declarant is the owner of certain real property in Travis County, Texas, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (the "Property").

B. The "Project" or the "Condominiums" as those terms are used herein shall be deemed to refer to the Property, eighteen (18) residential buildings constructed or to be constructed on the Property, containing a total of twenty-one (21) residential condominium units therein, together with other improvements now or hereafter erected thereon, facilities and appurtenances thereto and all property, real, personal or mixed, intended for use or used in connection with the Property.

C. Declarant desires to establish a condominium regime under the Texas Condominium Act. Declarant does hereby establish a plan for the individual ownership in fee simple of estates consisting of the area or space contained in each of the condominium units, and the co-ownership by the individual and separate owners thereof, as tenants in common, of the remaining portion of the Project, including both Limited Common Elements and General Common Elements, as defined herein. Each condominium unit shall have appurtenant to it a

tenants in common, of the remaining portion of the Project, including both Limited Common Elements and General Common Elements, as defined herein. Each condominium unit shall have appurtenant to it a membership in WINNERS CIRCLE OWNERS ASSOCIATION, INC.

D. Declarant intends by this document to impose the upon Property mutually beneficial restrictions under a general plan of improvements for the benefit of all said condominium units and the owners thereof.

Declarant does sold and the as a hereby establish Winners Circle condominium regime under the Texas Condominium Act and hereby declares that the residential units within the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, improved subject to the following declarations, limitations, covenants, conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Project and every part thereof. All of the limitations, covenants, conditions, restrictions and easements shall constitute covenants which shall run with the land and shall be perpetually binding upon Declarant and its successoгs-in-interest and assigns, and all parties having or acquiring any right, title or interest in or part of the Project, their grantees, legal representatives, heirs, devisees, successors and assigns.

ARTICLE I.

DEFINITIONS to any As used herein, the following terms shall have the following meanings, unless the context expressly provides otherwise: 1.01 "Articles" shall mean and refer to the Articles of Incorporation of th Association, as the same may be amended from time to time.

09249 0318 Austin Data Inc. CM ADI10526 TR 3938535.004 the 1.02 "Assessment" or "Assessments" shall mean

the Articles of Incorporation of th Association, as the same may be amended from time to time.

09249 0318 Austin Data Inc. CM ADI10526 TR 3938535.004 the 1.02 "Assessment" or "Assessments" shall mean assessment or assessments made and levied against each Owner and each Owner's Unit for that portion of the Common Expenses which is to be paid by each Owner as determined by the Association in accordance with this Declaration and the Bylaws.

1.03 "Association" shall mean and refer to WINNERS CIRCLE OWNERS ASSOCIATION, INC., its successors and assigns, a non-profit corporation organized pursuant to the Texas Non-Profit Corporation Act, of which all of the Owners shall be Members and the Bylaws of which shall govern the administration of the Project. The term "Association" shall have the same meaning as the term "Council of Co-Owners" in the Texas Condominium Act.

1.04 "Board" or "Board of Directors" shall mean and refer to the governing body of the Association.

1.05 "Building" or "Buildings" shall mean the residential structure or structures erected or to be erected on the Property and containing the Units, as more fully identified on the "Map".

1.06 "Bylaws" shall mean and refer to the Bylaws of the Association, as amended from time to time.

1.07 "Common Elements" shall mean and refer to both the General and Limited Common Elements, as defined in Paragraphs 1.13 and 1.14, respectively, of this Declaration.

1.08 "Common Expenses" shall mean and include: (a) All sums lawfully assessed by the Board or the Managing Agent with respect to or in connection with the Common Elements; (b) All expenses incurred in connection with the administration, management and operation of the Project, and in connection with maintenance, repair, replacement or additions to the Common Elements,

; (b) All expenses incurred in connection with the administration, management and operation of the Project, and in connection with maintenance, repair, replacement or additions to the Common Elements, (including all unpaid special Assessments), as provided herein, including a reasonable reserve for such purposes; (c) Expenses agreed upon as Common Expenses by the Owners; and (d) All sums designated as Common Expenses by or pursuant to the Project Documents.

1.09 "Common Interest" means the proportionate undivided interest in the Common Elements which is appurtenant to each Unit as set forth in this Declaration.

1.10 "Condominium" or "Unit" shall mean one individual unit, together with an undivided interest in the Common Elements appurtenant thereto, and together with the rights to use the Common Elements for access to the Unit and for other purposes as herein specified. The terms "Condominium" or "Unit" shall have the same meaning as the term "apartment" as used in the Texas Condominium Act.

1.11 "Declarant" shall mean and refer to The Condos of Long Champ Joint Venture and its heirs, successors, legal representatives and assignees, provided that each such assignee is designated in writing by Declarant as an assignee of the rights of Declarant hereunder.

1.12 "Declaration" shall mean and refer to this Enabling Declaration and Master Deed, as amended from time to time.

1.13 "General Common Elements" shall mean and include the Property, the Buildings and all other improvements thereon, with 09249 0312 Austin Data Inc. CM ADI10526 TR 3938535.005 the exception of the Units and Limited Common Elements, and shall include, without limiting the generalty of the foregoing: (a) To the extent not otherwise designated as Limited Common Elements, the foundations, common

he Units and Limited Common Elements, and shall include, without limiting the generalty of the foregoing: (a) To the extent not otherwise designated as Limited Common Elements, the foundations, common dividing walls between two or more Units or between Units and Common Elements, exterior walls, bearing walls, and columns (including any windows, doors, and chimneys therein), girders, beams, slabs, supports, roofs, attics, ceilings and floors, halls, lobbies, or thoroughfares such as stairways, entrances, exits or communication ways and any other portion of the Buildings; (b) The grounds, yards, gardens, driveways, fences, unassigned storage areas, unassigned parking spaces, streets, service drives, walks, and service easements, if any; (c) The installations consisting of the equipment and materials making up central services such as power, light, gas, hot and cold water, sewer, television, central air conditioning and heating reservoirs, and the like which are intended to serve more than one Unit, and all garbage incinerators, machinery and equipment related thereto or existing for common use; (d) All other structures, facilities, equipment, and property located on the Property necessary or convenient to the existence, maintenance, operation and safety of the Project, or normally in common use; and (e) All repairs, replacements and additions to any of the foregoing.

1.14 "Limited Common Elements" shall mean those Common Elements reserved for the exclusive use of a specified Unit or Units or serving exclusively one or more specified Units, the enjoyment, benefit or use of which is reserved to the lawful occupants of said Unit or Units either in this Declaration or as indicated on the Map, as the same may be amended from time to

d Units, the enjoyment, benefit or use of which is reserved to the lawful occupants of said Unit or Units either in this Declaration or as indicated on the Map, as the same may be amended from time to time including, by way of example, but not limited to, all garages, patios, balconies, yards, storage areas, or driveways, if any, designated by Unit numbers on the Map as Limited Common Elements appurtenant to the indicated Unit.

1.15 "Managing Agent" shall mean and refer to the person or entity hired and appointed by the Board to carry out and perform the duties and responsibilities of the Association, subject to the limitations set forth in the Project Documents.

1.16 "Map" or "Condominium Plan" shall mean and refer to Exhibit "B", attached hereto and incorporated herein by this reference as the same may be amended from time to time, which Map shall be placed of record simultaneously with the recording of this Declaration, as a part hereof, prior to the first conveyance of 'any Unit. The Map sets forth, among other things, a description of the surface of the Property, the location of the Buildings, designated by letters, and all other improvements constructed or to be constructed on the Property by Declarant, a general description and plat of each Unit showing its extents or boundaries, square footage, location, floor and Unit number; and general description of the Common Elements, In interpreting the Map, the existing physical boundaries of each Unit shall be conclusively presumed to be its boundaries.

a 1.17 "Member" shall mean and refer to a person entitled to membership in the Association as provided herein.

09249 0320-3Austin Data Inc. CM ADI10526 TR 3938535.006 1.18 "Mortgage" shall mean a first lien interest in a Unit

and refer to a person entitled to membership in the Association as provided herein.

09249 0320-3Austin Data Inc. CM ADI10526 TR 3938535.006 1.18 "Mortgage" shall mean a first lien interest in a Unit given to a creditor as security for repayment of a loan made to the Unit Owner, said interest to be evidenced by an instrument duly and properly recorded in the Real Property Records of Travis County, Texas.

1.19 "Mortgagee" or "Mortgagees" shall mean any one or more of the beneficiaries or holders of any Mortgage on any Unit in the Project, including, without limitation, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or other similar governmental agency.

1.20 "Owner" or "Owners" shall mean and refer to the record holder or holders of fee simple title to a Unit in the Project, but shall exclude Persons having any interest in the Unit merely as security for the performance of any obligation. An Owner may be a person, firm, corporation, partnership, association, trustee or other legal entity, or any combination thereof.

1.21 "Person" shall mean a natural person, firm, corporation, partnership, association, trustee, or other legal entity.

1.22 "Project Documents" shall mean and include this Declaration and the exhibits hereto, the Articles and Bylaws of the Association and the rules and regulations for the Members, as the same may be established and/or amended from time to time.

1.23 "Texas Condominium Act" or "Act" shall mean Title 7 of the Property Code of the State of Texas, V.T.C.A., Sections 81.001 et, seq., which permits the creation of condominium regimes, as the same may be further amended or supplemented in any successor statute.

ARTICLE II.

DIVISION OF PROJECT AND CREATION OF PROPERTY RIGHTS

t, seq., which permits the creation of condominium regimes, as the same may be further amended or supplemented in any successor statute.

ARTICLE II.

DIVISION OF PROJECT AND CREATION OF PROPERTY RIGHTS 2.01 Division of Project. The Project is hereby divided into the following freehold estates and areas: (a) Twenty-one (21) fee simple estates consisting of twenty-one (21) separately designated Condominium Units, each such Unit being identified by a separate number on the Map. Each Condominium Unit may be held and owned by one Person individually or by two or more Persons as joint tenants or as tenants-in-common or in any real property tenancy relationship recognized under the laws of the State of Texas.

(b) The remaining portion of the Project, referred to as the Common Elements, shall be owned in common by the Owners. The percentage ownership interest in the Common Elements assigned to each Condominium Unit, based upon the approximate size of each condominium Unit in relation to the others, shall be determinative of the proportionate share of each respective Owner in the Common Elements, the Common Expenses of the Association and the value of such Owner's vote at meetings of the Association. The total value of all of the ownership interests is 100%.

The letters of the Buildings and the numbers of the condominium Units, as the same appear on the Map, and the percentage of value assigned to each Condominium Unit are set forth on Exhibit "C", attached hereto and incorporated herein by reference.

2.02 The Units. In determining the dimensions of and the area contained within each Unit, the enclosed space within a Unit shall be measured from the interior, finished, unpainted surfaces of the perimeter walls, floors and ceilings, and the Unit shall 09249 03214-

tained within each Unit, the enclosed space within a Unit shall be measured from the interior, finished, unpainted surfaces of the perimeter walls, floors and ceilings, and the Unit shall 09249 03214Austin Data Inc. CM ADI10526 TR 3938535.007 include the airspace 80 encompassed. Included in each Unit, without limitation, shall be any finishing materials applied or affixed to the interior surfaces of the common exterior or interior walls, floors or ceilings (including, without limitation, paint, wallpaper, vinyl wall or floor coverings, carpet and tile). The boundaries of each Unit shall be the interior surface of the perimeter walls, floors, ceilings, windows and doors. Interior trim around windows and doors shall be a part of each Unit and shall not be a part of the Common Elements. Except as provided herein for undivided percentage ownership of the Common Elements, the Unit shall not include Common Elements. It is expressly stipulated, and each and every purchaser of a Unit and such purchaser's heirs, executors, administrators, successors and assigns hereby agree: (i) that the square footage, size and dimensions of each Unit, as set out and shown in this Declaration or on the Condominium Plan, are approximate and are shown for descriptive purposes only; (ii) that the Declarant does not warrant, represent or guarantee that any Unit actually contains the area, square footage or dimensions shown therein; (iii) that each purchaser and Owner of a Unit, or an interest therein, has had full opportunity and is under a duty to inspect and examine the Unit purchased by such purchaser and Owner prior to the purchase thereof, and agrees that the Unit is purchased as actually and physically existing; and (iv) that each

duty to inspect and examine the Unit purchased by such purchaser and Owner prior to the purchase thereof, and agrees that the Unit is purchased as actually and physically existing; and (iv) that each purchaser of a Unit expressly waives any claim or demand against the Declarant or other seller of a Unit, on account of any difference, shortage or discrepancy between the Unit as actually and physically existing and as it is shown on the Condominium Plan. In interpreting deeds and the Condominium Plan, the then existing physical boundaries of a Unit, whether in its original state or reconstructed in substantial accordance with the original plans thereof, shall be conclusively presumed to be its boundaries rather than the boundaries expressed in the deed or Condominium Plan, regardless of settling, rising or lateral movement of the Buildings and regardless of minor variance between boundaries shown on the Condominium Plan or deed, and those of the Buildings; provided, however that the presumption provided herein shall not apply where the boundaries of any Unit have been altered due to any encroachment or protrusion caused by the willful misconduct of any Owner or such Owner's agents.

2.03 The Common Elements. The "Common Elements" shall include all of the elements set forth in Paragraph 1.07 hereof.

Each Owner shall have, as an appurtenance to such Owner's Unit, an undivided percentage interest in the Common Elements, based upon the approximate size of such Owner's Unit in relation to the others, as set forth in Exhibit "C" attached hereto. The Common Interest appurtenant to each Unit is declared to be permanent in character and cannot be altered once sold by Declarant without the consent of all the Owners of said Units and the Mortgagees of

Common Interest appurtenant to each Unit is declared to be permanent in character and cannot be altered once sold by Declarant without the consent of all the Owners of said Units and the Mortgagees of such Owners as expressed in an amended Declaration. Such Common Interest cannot be separated from the Unit to which it is appurtenant. Each Unit Owner shall have an easement over and across the Common Elements for ingress and egress to and from Buch Owner's Unit. Each Unit Owner shall further have a non-exclusive right to use the General Common Elements in accordance with the purposes for which they are intended without hindering the exercise of or encroaching upon the rights of any other Owner, and subject (i) to the right of the Association to publish rules and regulations governing use of the Common Elements and the improvements and facilities located thereon, and to establish and enforce penalties (including but not limited to monetary penalties) for infractions thereof; and (ii) to the right of the Association to suspend the Owner's voting rights and the right to the use of the recreational facilities for any period during which any violation of the Association's rules continues or any Assessment against the Owner's Condominium Unit remains unpaid. Notwithstanding the transfer of the ownership of the Common Elements to the Owners ав tenants-in-common, the Declarant shall and does hereby reserve unto Declarant and to the Association or its designated agents an easement over and onto the Common Elements for common driveway purposes, for drainage 09249 0322 -5Austin Data Inc.

CM ADI10526 TR 3938535.008 and encroachment purposes and for ingress and egress from the Common Elements for the purpose of completing improvements

rposes, for drainage 09249 0322 -5Austin Data Inc.

CM ADI10526 TR 3938535.008 and encroachment purposes and for ingress and egress from the Common Elements for the purpose of completing improvements thereon and the performance of necessary repair work. Declarant further reserves unto Declarant and to the Association or its designated agents the right to establish easements, reservations, exceptions and exclusions consistent with the ownership of the Project and for the best interest of the Owners and the Association in order to serve the entire Project.

2.04 The Limited Common Elements. The Limited Common Elements shall be identified herein or on the Map, as amended from time to time, and designated as appurtenant to a particular Unit or Units. The rights of an individual Owner in the Limited Common Elements shall consist of (a) an exclusive easement to use the garage appurtenant to such Owner's Unit%3B (b) an exclusive easement to use any patio, balcony, yard areas, storage areas, or driveways, if any, adjacent to and appurtenant to the Unit as shown on the Map; and (c) an exclusive easement to use such other areas and facilities as may be designated in this Declaration and on the Map, as the same may be amended from time to time.

2.05 No Separate Conveyance of Undivided Interests. Each Unit and its corresponding pro rata interest in and to the Common Elements shall be inseparable and may not be separately conveyed, leased, or otherwise encumbered. Declarant and each Owner covenant and agree that the undivided interests in the Common Elements, the exclusive easements of the Limited Common Elements, and the fee title to the respective Units conveyed therewith, shall not be separated or separately conveyed, and each such

the Common Elements, the exclusive easements of the Limited Common Elements, and the fee title to the respective Units conveyed therewith, shall not be separated or separately conveyed, and each such undivided interest and exclusive easement shall be deemed to be conveyed or encumbered with its respective Unit even though the description in the instrument of conveyance or encumbrance may refer only to the fee title to the Unit. A description of a Condominium Unit by Building letter and Unit number, as shown on the Map, followed by the name Winners Circle and by reference to this Declaration and the Map contained in a deed, lease, mortgage, deed of trust or other instrument or document shall be deemed a good and sufficient legal description of such unit, and the Common Elements appurtenant thereto.

2.06 Partition Prohibited. The Common Elements shall remain undivided as set forth above for so long as the Project is suitable for a condominium regime. Except as provided by the Texas Condominium Act, no Owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of all of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Unit owned by two or more persons and division of the sale proceeds shall be permitted, but partition of title to a single Unit shall be and is prohibited.

2.07 Encroachment and Protrusion Easements. Each Unit within the Project is hereby declared to have an easement over all adjoining Units and the Common Elements for the purpose of accommodating any encroachment and/or protrusion due to engineering errors, errons in original construction, settlement or shifting of any of the Buildings, or any other cause. There

or the purpose of accommodating any encroachment and/or protrusion due to engineering errors, errons in original construction, settlement or shifting of any of the Buildings, or any other cause. There shall be valid easements for the maintenance of said encroachments and/or protrusions as long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, protrusion, settlement or shifting; provided, however, that in not event shall a valid easement for encroachment or protrusion be created in favor of an Owner or Owners if said encroachment or protrusion occurred due to the willful misconduct of said Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Unit agree that minor encroachments and/or protrusions over adjoining Units or Common Elements shall be permitted and that there shall be a valid easement for the maintenance of said encroachments and/or protrusions so long as they shall exist. Such encroachments or protrusions shall not be 09249 0323 -6Austin Data Inc. CM ADI10526 TR 3938535.009 considered to be encumbrances either on the Common Elements or on a Unit for purposes of marketability of title or otherwise.

ARTICLE III.

ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS 3.01 Association to Manage Common Elements. The management of the Common Elements shall be vested in the Association in accordance with the terms of this Declaration and the Bylaws.

The Bylaws shall be deemed adopted by Declarant as the sole owner of the Project, and the Owners of the Units and all holders of liens thereon shall be bound thereby. The Owners of all the Units covenant and agree that the administration of the Project

he sole owner of the Project, and the Owners of the Units and all holders of liens thereon shall be bound thereby. The Owners of all the Units covenant and agree that the administration of the Project shall be in accordance with the provisions of this Declaration, the Articles and the Bylaws, subject to the standards set forth in this Declaration and all applicable laws, regulations and ordinances of any governmental or quasi-governmental body or agency having jurisdiction over the Project or the Association, as same may be amended from time to time.

3.02 Membership. Any Person, upon becoming an Owner of a Unit, shall automatically be a Member of the Association, and shall remain a Member thereof in accordance with the Articles and the Bylaws until such time as his ownership of said Unit ceases for any reason, at which time such Person's membership in the Association shall automatically cease.

3.03 Transferred Membership. Membership in the Association shall not be transferred, pledged, or alienated in any way, except upon the transfer of ownership of the Unit to which it is appurtenant, and then only to the new Owner. Any attempt to make a prohibited transfer is void. In the event the Owner of any Unit should fail or refuse to transfer the membership registered in such Owner's name to the purchaser of such Owner's Unit, the Association shall have the right to record the transfer upon its books.

3.04 Voting Rights. The Owner or Owners of each Unit shall be entitled to one vote, the value of which shall equal the Common Interest assigned to said Owner's or Owners' Unit as set forth in Exhibit "C" hereto.

3.05 Board of Directors. The affairs of the Association shall be managed by the Board of Directors. The Initial Board of

st assigned to said Owner's or Owners' Unit as set forth in Exhibit "C" hereto.

3.05 Board of Directors. The affairs of the Association shall be managed by the Board of Directors. The Initial Board of Directors shall serve until the expiration of three (3) years from the date of the first conveyance by Declarant of a Condominium Unit or until one hundred twenty (120) days after seventy-five percent (75%) of the Condominium Units. The period between the date of the filing of this Declaration in the real property records of the county in which the Project is located and the earlier of the foregoing dates is hereinafter sometimes referred to as the "Sale and Development Period." Nothing.

contained in this section, however, shall be construed to prevent the initial Board of Directors from calling the first annual meeting of the Association at an earlier time and relinquishing the control and responsibility for the administration and management of the Project to a newly elected Board of Directors prior to the end of the Sale and Development Period.

ARTICLE IV.

MAINTENANCE AND ASSESSMENTS 4.01 Personal Obligation of Assessments. Declarant, for each Unit owned within the Project, hereby covenants, and each Owner of any Unit by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed, as a part of the purchase money consideration for such deed and conveyance, to covenant and agree to pay to the Association: (1) regular monthly Assessments or charges, and (2) special Assessments for 09249 0324 -7Austin Data Inc. CM ADI10526 TR 3938535.010 capital improvements and unexpected expenses, such Assessments to be established and collected as provided herein, in the Bylaws No Owner of and in the rules and regulations of the Association.

35.010 capital improvements and unexpected expenses, such Assessments to be established and collected as provided herein, in the Bylaws No Owner of and in the rules and regulations of the Association.

a Unit may be exempted from liability for contribution toward the Common Expenses by waiver of the use of enjoyment of any of the Common Elements or by the abandonment of such Owner's Unit.

to or 4.02 Purposes of Assessments. The Assessments levied by the Association shall be used to promote the common purposes of the Owners, to provide for the improvement and maintenance of the the pay good of the Project, common Common Elements for utility expenses which are not separately billed or metered to the Units, and generally for doing those things necessary desirable in the opinion of the Board to maintain or improve the Project. Any expenses incurred for such purposes shall be deemed to be Common Expenses, and the Board may use the Assessments to without limitation, any defray the Common Expenses, including, of enforcement the providing expense incurred provisions of this Declaration, the Bylaws and any rules and The decision of the Board regulations promulgated by the Board.

in unforeseen for the or with respect to such expenditures shall be final so long as made in good faith. The monthly Assessments shall include an adequate reserve fund for maintenance, repairs and replacement of the Common Elements. Additionally, a working capital fund equal to for each Unit shall be at least two (2) monthly Assessments established to meet expenditures to purchase The share of working capital additional equipment or services.

fund attributable to each Unit shall be collected and transferred to the Association at the closing of the sale of such Unit by

purchase The share of working capital additional equipment or services.

fund attributable to each Unit shall be collected and transferred to the Association at the closing of the sale of such Unit by Declarant and maintained in a segregated account for the use and benefit of the Association. The contribution to the working capital fund for each existing unsold Unit shall be paid to the Association within sixty (60) days after the conveyance of the first Unit by Declarant, subject to Declarant's right to receive The reimbursement for such payments upon the sale of said Units.

Limited Common Elements shall be maintained by the Association, and Owners having exclusive use thereof shall not be subject to any special charges or Assessments for the repair or maintenance thereof except as otherwise provided in the Bylaws and herein , including, but not limited to, Section 5.02 hereof.

subject to All 4.03 Regular Monthly Assessments and Creation of Lien.

Owners shall be obligated to pay the Assessments imposed by the The total amount of the Board of Directors of the Association.

estimated funds required from Assessments to operate the Project for each fiscal year shall be set forth in a budget adopted by the Board of Directors and shall be assessed against each Owner in proportion to the Common Interest of such Owner as set forth herein, said figure to be divided by twelve (12) to determine the regular monthly Assessment; provided, however, that the Board of Directors may from time to time and at any time amend or modify for year of the any budget previously adopted any fiscal Assessments accordingly; and Association and may modify the provided, further, that any Assessment may be rounded off to the nearest dollar figure. The Assessments shall be secured by a said Unit,

cal Assessments accordingly; and Association and may modify the provided, further, that any Assessment may be rounded off to the nearest dollar figure. The Assessments shall be secured by a said Unit, lien against the provisions hereof.

Declarant hereby reserves and assigns to the Association, without recourse, a vendor's lien against each Unit to secure the payment of any monthly or special Assessment which may be levied pursuant to the terms hereof, and the expenses incurred in connection with the enforcement thereof, including, without limitation, interest 4.05, costs and reasonable at the rate provided in Section attorneys' fees. Said be liens may enforced by appropriate judicial proceedings, and the amounts secured thereby shall be Any the obligation of and chargeable to the Owner in default.

such lien shall be and is subordinate and inferior only to the following: (1) assessments, liens and charges in favor of the State of Texas and any political subdivision thereof for taxes past due and unpaid on such Unit; and (ii) amounts due under any the first lien Mortgage instruments duly recorded prior to recordation of any lien assessment as provided in Section 4.05.

The omission or failure of the Board to fix the Assessment for 09249 0325 -8m¬ 2020525 0 11 any month shall not be deemed a waiver, of the Owner's obligation to pay.

and 4.04 Special In modification, or release addition to Assessments.

the regular monthly Assessments authorized above, the Board may levy, in any year, one or more special Assessments applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvements upon the Common elements, including fixtures thereto, related to or defray any

ing, in whole or in part, the cost of any construction, reconstruction, repair or replacement of any capital improvements upon the Common elements, including fixtures thereto, related to or defray any personal property underestimated or other or unanticipated or expense action undertaking normally covered by the monthly Assessments (and, where necessary, for taxes assessed against the Common Elements of the Project as a whole). Said special Assessments shall be assessed against each Owner in proportion to the Common Interest of such Owner as set forth herein. Special Assessments may also be levied against an individual Unit and its Owner to reimburse the Association for costs incurred in bringing that Owner and such Owner's Unit into compliance with the provisions of this Declaration and the Bylaws, including actual attorney's fees and court costs. Said special Assessments may be subject to such limitations as are provided in the Bylaws.

are name are 4.05 Assessment Lien. All sums assessed but unpaid for the share of Assessments (whether monthly or special) chargeable to interest thereon including at the maximum rate any Unit, permitted by law (or, if there is no such maximum rate, then at the rate of two percent per month) from the date such Assessments the to said subject due until Assessments paid, provisions hereof limiting the interest contracted for, charged or received to the maximum permitted by applicable law, shall constitute a lien on such Unit superior to all other liens and The Board of encumbrances, except as provided in Section 4.03.

Directors or the Managing Agent may but shall not be required to the a written notice setting for the prepare amount of such the unpaid indebtedness, of the Owner of the Unit and a

ed in Section 4.03.

Directors or the Managing Agent may but shall not be required to the a written notice setting for the prepare amount of such the unpaid indebtedness, of the Owner of the Unit and a description of the Unit. Such notice shall be signed by one of the members of the Board of Directors or by one of the officers of the Association or by a representative of the Managing Agent and may be recorded in the office of the County Clerk of Travis County, Texas. Such lien may be enforced by the foreclosure of the defaulting Owner's Unit by the Association in like manner as a mortgage on real property subsequent to the recording of notice provided for above. In any such proceeding, the Owner shall be required to pay the costs, expenses and attorney's fees incurred in connection with filing the lien, and in the event of any foreclosure proceeding, all additional costs, expenses and attorney's fees incurred in connection with any such foreclosure be proceeding. The Owner of the Unit being foreclosed shall required to pay to the Association the monthly Assessment for the Unit during the period of foreclosure, and the Association shall be entitled to the appointment of a receiver to collect the same.

on the power to bid The Association shall have the Unit at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same. Any Mortgagee holding a lien on a Unit may pay, but shall not be required to pay, any unpaid Assessments owing with respect to such Unit, but such payment shall not be deemed a waiver of the Owner's default by either the Association or such Mortgagee. The amount of the Common Expenses assessed against each Unit shall also be a debt of the Owner thereof at the time a

deemed a waiver of the Owner's default by either the Association or such Mortgagee. The amount of the Common Expenses assessed against each Unit shall also be a debt of the Owner thereof at the time a the Assessment is made. Suit to recover a money judgment for unpaid common Expenses shall be maintainable without foreclosing or waiving the lien securing same. Each Owner, by acceptance of a deed to a Unit, hereby expressly vests in the Association or its agents the right and power to bring all actions against such a debt, Owner personally for the collection of such charges as and to enforce the aforesaid liens by all methods available for the enforcement of such liens, including non-judicial foreclosure pursuant to Section 51.002, Texas Property Code, as then amended (successor to Article 3810 of the Texas Revised Civil Statutes), 09249 0326 -9Daten M ADT10526 TR 3938535.012 i and such Owner hereby expressly grants to the Association the private power of sale in connection with said liens.

the The 4.06 Date of Commencement of Assessment; Due Dates regular monthly Assessments provided for herein shall commence as to all Units in the Project on the first day of the month first Unit following in the conveyance by deed of the Project. Thereafter, due dates of regular monthly Assessments shall be the first day of each and every subsequent calendar month. No notice of such Assessments or the due dates thereof shall be required other than an annual notice setting forth the The due date of any amount of the regular monthly Assessments.

special Assessment shall be the due date specified by the Association in the notice of such special Assessment delivered by the Association to each Owner; provided, however, such due

thly Assessments.

special Assessment shall be the due date specified by the Association in the notice of such special Assessment delivered by the Association to each Owner; provided, however, such due date shall in no event be less than thirty (30) days subsequent to the date of such notice. Notwithstanding any provision herein to the contrary, a reasonably reduced Assessment may be allocated to unsold and unoccupied Units during the sixty (60) day period following the first Unit conveyance by Declarant, but after the expiration of said sixty (60) day period full Assessments shall be levied against all Units.

shall Sale or 4.07 or Foreclosure, Transfer of Unit by Sale transfer of any Unit shall not affect the Assessment lien.

However, the sale or transfer of any Unit pursuant to foreclosure of a Mortgage, or by deed or other transfer in lieu thereof, as shall extinguish the lien of such Assessments to payments No such sale or which became due prior to such sale or transfer.

transfer relieve such Unit from liability for any Assessments thereafter becoming due or from the lien thereof.

When any Mortgagee of a Mortgage obtains title to a Unit as a result of foreclosure of such Mortgage, or by a deed or other conveyance in lieu thereof, such Mortgagee shall not be liable for the unpaid dues or charges of the Association chargeable to such Unit which accrued prior to the acquisition of title to such Unit by such Mortgagee. Such unpaid dues or charges shall be deemed to be Common Expenses collectible from all of the Units including the Unit acquired by such Mortgagee. In a voluntary a deed or conveyance of a Unit (other than conveyance to a Mortgagee in Lieu of foreclosure), the grantee of the same shall be jointly and severally liable with the grantor for all unpaid

a voluntary a deed or conveyance of a Unit (other than conveyance to a Mortgagee in Lieu of foreclosure), the grantee of the same shall be jointly and severally liable with the grantor for all unpaid Assessments by the Association against the the grantor for grantor's share of the Common Expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor; provided, however, that any such grantee, upon payment to the Association of a reasonable fee not to exceed Twenty-Five and No/100 Dollars ($25.00) and upon written request, shall be entitled to a statement from the Association, setting forth the amount of the any unpaid Assessments then due and owing to Association with respect to the Unit being purchased, and such grantee shall not be liable for, nor shall the Unit conveyed be subject to the lien for, any unpaid Assessments made by the Association against the grantor in excess of the amount set forth in the statement and applicable to a period of time prior to the date of such statement. The grantee shall, however, be liable for any such Assessments becoming due after the date of any such statement.

4.08 Each Separate Taxation.

Unit, the together with to shall be deemed be a Common Interest appurtenant thereto, separate and distinct entity for the purpose of the assessment and collection of taxes, assessments and other charges of this state, or of any political subdivision, special improvement district or any other taxing or assessing authority. The lien for taxes assessed to any Unit shall be confined to that Unit.

No forfeiture or sale of any Unit shall divest or in any way affect title to any other Unit. In the event that such taxes or

ty. The lien for taxes assessed to any Unit shall be confined to that Unit.

No forfeiture or sale of any Unit shall divest or in any way affect title to any other Unit. In the event that such taxes or assessments for any year are not separately assessed to each Unit but rather are assessed on the Project as a whole, Owner shall pay such Owner's proportionate share 09249 0327 .-10then each thereof in !

Cha ADT10526 TR 3938535.013 taxes or accordance with such Owner's Common Interest and, in said event, shall assessments be If such Common a Expense.

or a special Assessment necessary, Assessments may be levied against the Units in an amount equal to said taxes, to be paid thirty (30) days prior to the due date thereof.

ARTICLE V.

DUTIES AND POSERS OF THE ASSOCIATION 5.01 Duties and Powers. In addition to the duties and powers enumerated in the Bylaws and the Articles, or elsewhere provided for herein, and without limiting the generality thereof, the Association shall: and (a) Maintain, repair, replace, restore, operate all of the manage Common Elements and all facilities, improvements, furnishings, equipment and landscaping thereon, and all property that may be acquired by the Association. This obligation shall not extend portion of facility Common an individual Elements required to be maintained by Owner under this Declaration or the Bylaws.

to any or the (b) Enforce the provisions of this Declaration by appropriate means, including, without limitation, the of funds of the expenditures Association, the commencement and employment of legal counsel and the prosecution of legal actions.

as (c) Maintain such policy or policies of insurance are required by this Declaration or as the Board deems necessary or desirable in furthering the purposes

nsel and the prosecution of legal actions.

as (c) Maintain such policy or policies of insurance are required by this Declaration or as the Board deems necessary or desirable in furthering the purposes of, and protecting the interest of, the Association and its Members.

(d) Grant and reserve easements where necessary or desirable over the to Common Elements and Units serve the Common Elements and the Units and amend the Map to show Bame.

the (e) Have the authority to employ a professional management company to serve as the Managing Agent and duties to perform the and responsibilities of Association, subject to the Bylaws and restrictions imposed by any governmental or quasi-governmental body or agency having jurisdiction over or interest in the Project. Additional personnel may be employed directly by the Association or may be furnished by the Managing Agent. To the extent permitted by law, the Association and the Board may delegate any duties, powers and functions to the Managing Agent. The Members of the Association hereby release the Association and members of the Board from liability for any omission or improper exercise by the Managing Agent of any such duty, power or function so delegated. Notwithstanding any provision herein to the contrary, any management agreement entered into by the Board during the Sale and Development Period shall specifically provide that the Association shall have the right to terminate such management agreement at any time without penalty upon thirty (30) days advance notice.

the (f) Keep or cause to be kept records with detailed accounts of the income, receipts and affecting the expenditures Project and its administration, specifying the maintenance and repair expenses with regard to the Common Elements and any

with detailed accounts of the income, receipts and affecting the expenditures Project and its administration, specifying the maintenance and repair expenses with regard to the Common Elements and any other expenses incurred by or on behalf of the Project the Association. The records so kept shall available for inspection by all Owners and Mortgagees of Units during normal business hours or under other or 09249 0328 -11be CM ADT10526 TR 3938535.014 reasonable circumstances. All records shall be kept in accounting accordance with accepted generally Mortgagee may, at such cause such records or principles and any Owner Owner or Mortgagee's sole expense, to be audited.

(g) Adopt reasonable rules and regulations not the Articles, or inconsistent with this Declaration, the Bylaws relating to the use of the Common Elements and all facilities thereon, and the conduct of Owners and their tenants, invitees and guests with respect to the Project and other Owners.

(h) Have the authority to establish and enforce not limited to monetary (including but penalties penalties) for violation of the Association's rules and regulations and to suspend the voting rights and the right to the use of the recreational facilities by an Owner for any period during which any violation of the Association's rules continues or any Assessment against the Owner's Condominium remains unpaid.

(i) Have the authority to enter into leases with non-Owners of the laundry room, if any, and any other portion of the Elements upon such terms and are in the best conditions a the Board determines interest of the Association.

5.02 Common Maintenance of Project by The Association.

of the Project as Association shall provide for maintenance provided in the Bylaws. The responsibility of the Association the not

he Association.

5.02 Common Maintenance of Project by The Association.

of the Project as Association shall provide for maintenance provided in the Bylaws. The responsibility of the Association the not extend to cost and for maintenance and repair shall expense of repairs or replacements arising out of or caused by or such the willfull or negligent act or neglect of any Owner, Owner's The cost and expense of guests, tenants or invitees.

repair or replacement of a Unit exterior or of any portion of the Common Elements resulting from such excluded items shall be the such Owner who (or whose family members, responsibility of guests, tenants or invitees) neglects or willfully damages such and such repairs The Association excluded items.

cause may replacements to be made at such Owner's sole cost and expense, for repairs БИСЬ fail shall to pay replacements upon demand, the cost thereof (plus interest from the date of payment(s) at the maximum legal rate, or if there is no such maximum rate, then at the rate of two percent per month) shall be added to the Assessments chargeable to such Unit and Any such shall be deemed to be a special Assessment hereunder.

amounts added to the Assessments chargeable against a Unit shall be secured by the liens reserved hereinabove for Assessments, and may be collected by any means provided herein for the collection of Assessments, including, but not limited to, foreclosure upon the Unit.

and if said Owner or For the 5.03 Association Easements and Access to Units.

repair or replacement of performing the maintenance, purpose authorized by this Article or for any other purpose reasonably related to the performance by the Board of its responsibilities (and its agents and the Association under this Declaration,

ance, purpose authorized by this Article or for any other purpose reasonably related to the performance by the Board of its responsibilities (and its agents and the Association under this Declaration, employees) shall have a non-exclusive easement over and onto all portions of the Common Elements, and shall also have the right, after reasonable notice to the Owner, and at reasonable hours, to enter any Unit for such purposes and to enter any Unit without Should any of an emergency.

notice at any time in the event Owner change any lock on any entrance to such Owner's Unit, such Owner shall immediately provide to the Board a key to the new Unit or Units lock. Damage to the interior or any part of a or resulting from the maintenance, repair , emergency repair a result of replacement of any of the Common Elements emergency repairs within another Unit at the instance of the Association shall be a Common Expense of all of the Owners, that if provided, however, such damage is the result of the neglect, misuse or negligence of an Owner, then such Owner shall -12ав or 09249 0329 २०२०८२८ 015 be responsible and liable for all shall improvements condition of such be to the such damage. All damaged same restored to substantially All costs damage.

improvements prior located under or outside of whether incurred in maintements, Units (unless required to be maintained by an individual Owner under this Declaration or necessitated by the neglect , negligence tenants or invitees, in or misuse by an Owner or his guests, which case such expense shall be charged to such Owner) shall be the Common Expenses of all the Owners.

ARTICLE VI.

UTILITIES 6.01 Owners' Rights and Duties. The rights and duties of the Owners of Units within the Project with respect to utilities shall be as follows:

Common Expenses of all the Owners.

ARTICLE VI.

UTILITIES 6.01 Owners' Rights and Duties. The rights and duties of the Owners of Units within the Project with respect to utilities shall be as follows: (a) Each Owner shall pay for utilities which are separately metered and billed to such Owner's Unit by or submetered and the respective utility companies the Association. Any such to each Unit by billed utility expenses billed to each Unit by the Association shall be deemed to be special Assessments hereunder, shall be secured by the liens reserved hereinabove for Assessments and may be collected by any means provided herein for the of collection Assessments including foreclosure upon the Unit. Utility expenses which are not metered or submetered and separately billed shall be part of the Common Expenses, and each Owner shall pay such Owner's pro rata share thereof as in the case of other Common Expenses.

(b) Whenever Banitary Bewer, water, receiving, telephone air-conditioning or (such television or flues connections, heating gas, ducts, or items electric, lines or conduits, being hereinafter are located or collectively called the "Connections") Declarant use installed within the Project, which Connections, or any or upon more than one Unit, portion thereof, lie in the the reserves for and benefit of the full an easement to the right and Association extent reasonably necessary therefor, to enter upon the Units or to have the utility companies enter upon the Units in or upon which said Connections, or any portion thereof lie, to repair, replace and generally maintain Baid Connections as and when reasonable necessary; provided, however, the exercise of such easement rights cause shall be in a manner reasonably calculated to minimal interference with use and continued

id Connections as and when reasonable necessary; provided, however, the exercise of such easement rights cause shall be in a manner reasonably calculated to minimal interference with use and continued of the Units Owners 80 affected by the occupancy thereof, while still adequately serving the purposes for which they are granted.

the each (c) Whenever Connections are located or installed serve more than within the Project, which Connections said Unit served by the entitled to full and of portions Baid Connections one Unit, the Connections of Owner shall be enjoyment of such service such Owner's Unit.

6.02 for Utilities Easement use as Easements and Maintenance.

Bewer, water, over and under the Property for the installation, repair, and and maintenance of Banitary electric, gas, and facilities, heating telephone lines and air-conditioning facilities, cable or master television antenna lines, drainage facilities, walkways, and landscaping as now or hereafter may be required to serve the Project, are hereby reserved by Declarant for the use and benefit of the Association, together with the right to grant and transfer the same.

-1309249 0330 00005DE 016 6.03 Association's Duties. The Association shall maintain all utility installations located in the Common Elements except for those installations maintained by utility companies, public , The Association shall pay all charges for private, or municipal.

except the Project utilities supplied to submetered and charged separately to the Units.

ARTICLE VII.

USE RESTRICTIONS those metered or In addition to all of the covenants contained herein, the use of the Project and each Unit therein shall be subject to the following: 7.01 Use of Units and Common Elements, (a) No Unit shall be occupied and used except for by the

enants contained herein, the use of the Project and each Unit therein shall be subject to the following: 7.01 Use of Units and Common Elements, (a) No Unit shall be occupied and used except for by the residential purposes their Owners, family members, tenants, and social guests, and no trade or business shall be conducted therein; provided, however that Declarant may use any Unit or Units in the Project owned by Declarant for a model home site or sites and display and sales office until the last Unit in the entire Project is conveyed. The foregoing shall not, however, be construed in such manner as to prohibit a Unit Owner from maintaining a personal professional library within such Owner's Unit; keeping personal, business, or professional records or accounts within such Owner's Unit; or handling personal business or professional telephone calls or correspondence within Unit; Owner's which said uses are expressly customarily incidental to the principal and not in violation these such declared residential restrictions.

use of (b) All Units may be leased or rented for periods that of at least six (6) months; provided, however, every lease of a Unit shall be in writing and shall provide that the lessee shall be bound by and subject to all of the obligations of the Unit Owner under this Declaration, the Bylaws, and any rules and regulations and that thereof promulgated hereunder, any breach lease. The shall constitute a default under such leasing of a Unit shall not operate to relieve the Unit of Owner of The of any Baid right obligations.

Declarant to rent or lease Units until their initial transfer to is hereby any third party or parties specifically reserved.

from for (c) The Common Elements shall be used only by the

ght obligations.

Declarant to rent or lease Units until their initial transfer to is hereby any third party or parties specifically reserved.

from for (c) The Common Elements shall be used only by the Unit Owners and their agents, servants, tenants, family for ingress to and members, invitees and licensees their Units and other respective egress to use of the Units; provided, purposes incidental however, that any areas designed for specific uses, such as recreational areas, shall be used only for purposes approved by the Board.

(d) The use, maintenance and operations of the Common Elements shall not be obstructed, damaged or unreasonably interfered with by any Owner, and may be subject to lease, concession or easement by the Board.

(e) Nothing the Common shall be stored in Elements without prior consent of the Board, except in storage areas or as otherwise expressly provided; herein (f) An Owner shall do no act or work in or to any Unit or Common Element that will impair the structural soundness or integrity of the Buildings or any other 09249 0331 -14mD 3Q38535 017 or or or adversely affect the improvement to the Property, impair any easement hereditament otherwise No Owner shall in any Buildings or Common Elements.

otherwise perform any way alter, modify, add to, or The work whatsoever upon any of the Common Elements.

Owner of each Unit shall be liable to the Association for all damages to the Common Elements or improvements thereon caused by the neglect, misuse or negligence of such Owner or any tenant or other occupant of such Owner's Unit or any guest or invitee.

No nuisance.

a offensive nor 7.02 illegal, or Nuisances.

noxious, activities shall be carried on in any part of the Project, or may become an shall anything be done thereon which may be

st or invitee.

No nuisance.

a offensive nor 7.02 illegal, or Nuisances.

noxious, activities shall be carried on in any part of the Project, or may become an shall anything be done thereon which may be annoyance or a nuisance to, or which may in any way interfere with the quiet enjoyment of each Owner's respective Unit or which shall in any way increase the rate of insurance for the Project, or cause a refusal or cause any insurance policy to be cancelled to renew the same, or which may impair the structural integrity No or loud noises of the Buildings.

noxious odors shall be permitted on the Property, and the Board shall have the right to determine in accordance with the Bylaws if any such noise , odor Without limiting the constitutes activity no exterior generality of any of the foregoing provisions, speakers, horns, whistles , bells or other sound devices (other than security devices used exclusively for security purposes), noisy or smoky vehicles, large power equipment or large power tools, unlicensed off-road motor vehicles, and no items which may unreasonably interfere with television or radio reception of any Unit Owner in the Property, shall be located, used or placed on any portion of the Property or exposed to the view of other Unit There Owners without the prior written approval of the Board, fires shall be no exterior fires whatsoever except barbecue manner that no contained within receptacles designed in such a fire hazard is created. No clothing or household fabrics shall be hung, dried or aired in such a way in the Property as to be shrub or visible to other Property and no lumber, clippings, plant waste, metals, bulk material, scrap, refuse or or allowed to accumulate on any trash shall be kept, stored

y in the Property as to be shrub or visible to other Property and no lumber, clippings, plant waste, metals, bulk material, scrap, refuse or or allowed to accumulate on any trash shall be kept, stored portion of the Property, except within an enclosed structure or of reason the from view. If, by if appropriately screened occupancy or use of a Unit by any Owner, the rate of insurance on all or any portion of the Project shall be increased, such Owner shall be personally liable to the Association for such increased costs and if said Owner fails to pay said increased cost upon demand by the Association, the cost thereof (plus interest from the date of demand until paid at the maximum legal rate, there is no such maximum legal rate, then at the rate of two percent per month) shall be added to the Assessment chargeable to the Owner's Unit and shall be deemed to be a special Assessment hereunder. Any such amounts added to the Assessments chargeable against a Unit shall be secured by the liens reserved hereinabove for Assessments and may be collected by any means provided herein for the collection of Assessments, including, but not limited to, foreclosure upon the Unit.

7.03 grass, tree or if area of No trailer, Vehicle Restrictions.

camper, mobile home, recreational vehicle, commercial vehicle, truck (other than boat or standard size pickup truck), inoperable automobile, similar equipment shall be permitted to remain upon any within the Project, other than temporarily (for purposes loading and unloading of passengers or personal property), unless in an area specifically designated for such purpose by the Board.

Commercial vehicles shall not include sedans or standard size pickup trucks which are used both for business and personal use,

unless in an area specifically designated for such purpose by the Board.

Commercial vehicles shall not include sedans or standard size pickup trucks which are used both for business and personal use, provided that any signs or markings of a commercial nature on such vehicles shall be unobtrusive and inoffensive as determined by the Board. No noisy or smoky vehicles shall be operated on the Project, and no off-road vehicles shall be operated on the Project, and no off-road unlicensed motor vehicles shall be the Project, maintained except may be operated upon or reasonably necessary to the execution of the rights or duties of as 09249 0332 -15mn 3038535 018 with the Association under this Declaration. No power equipment, work of any nature whatsoever shall be or car maintenance shops, permitted on the Project except with prior written approval of to grant approval, the Board dirt or the Board. In deciding whether air pollution, the effects of noise, radio or television shall consider interference fire hazard, motorbikes, grease, Motorcycles, and similar objections.

reception, motor scooters and similar vehicles shall not be operated within the Property except for purposes of transportation to or from a No Owner shall conduct any major point outside the Property.

the Common repair or major restoration of any motor vehicle, boat , trailer, portion vehicle upon any other or aircraft shall be used for parking purposes Elements.

only.

Parking spaces trailer, tent, of of a Structure No temporary or other 7.04 Temporary Structures.

barn garage, shack, character, the Property at any time outbuildings shall be permitted on temporarily or permanently , except with the prior written consent of the Board; provided , however, that temporary structures may be erected for use in

at any time outbuildings shall be permitted on temporarily or permanently , except with the prior written consent of the Board; provided , however, that temporary structures may be erected for use in connection with the repair or rebuilding of the Buildings or any portion thereof.

around the 7.05 Signs. Declarant may place signs in or Owners Common Elements and use the Common Elements for sales purposes until the last Unit in the entire Project is conveyed.

other than Declarant, however , are prohibited from placing "for sale", "for rent", or any other signs in or around the Common Elements or displaying signs to the public view from any Unit or any portion of the Project, without the prior written consent of the Board.

The sidewalks, entrances, 7.06 Obstruction of Passageways.

stairways, corridors and passageways of the Project shall not be obstructed or encumbered by any Owner or used by any Owner for any purposes other than ingress and egress.

No antennae, awnings or other 7.07 Projections from Units.

fixtures or appurtenances shall be attached to the outside walls or otherwise affixed so or the windowsills of any Unit, project from the said Unit, without the prior written consent of the Board.

as to Plumbing fixtures 7.08 Plumbing Fixtures and Appliances.

or other and appliances shall be used only for purposes for which the same rags rubbish, and по sweepings, Damage were constructed, unsuitable material shall be thrown or placed therein.

resulting to any Common Elements from misuse by an Owner shall be paid by such Owner as provided in Section 5.02 hereinabove.

7.09 Animals, No animals or birds of any kind shall be or on any portion of the raised, bred, or kept in any Unit, Project except as permitted in the Bylaws or in the rules and regulations adopted by

7.09 Animals, No animals or birds of any kind shall be or on any portion of the raised, bred, or kept in any Unit, Project except as permitted in the Bylaws or in the rules and regulations adopted by the Board and published from time to time.

All rubbish, trash and 7.10 Garbage and Refuse Disposal.

garbage shall be regularly removed from the Project and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall not be kept except in sanitary containers in accordance with the Bylaws and the rules and regulations adopted by the All equipment, garbage Board and published from time to time.

cans, or storage piles shall be kept screened and concealed from view of other Units, streets , and the Common Elements.

on the 7.11 Drilling and Mining. No drilling, digging, quarrying sort shall be permitted mining operation of Property without the prior written consent of the Board .

or any Priority. Except as hereinafter 7.12 Mortgaging a Unit limited, any Owner shall have the right from time to time to of trust, encumber such Owner's interest by deed mortgage or An Owner may create and mortgage or other security instrument.

09249 લ 0333 -16010 for of the grant a second lien mortgage or deed of trust lien against his or more other Unit which is subordinate and inferior to one mortgages or deeds of trust (all such inferior liens hereinafter called "Inferior collectively Mortgage") on the following conditions: (1) that any such Inferior Mortgage shall always be subordinate all to conditions, terms, covenants, restrictions, uses, limitations, easements, obligations and liens and created Common other by Expenses payments this Declaration and the Bylaws; and (2) that the mortgagee under any Inferior Mortgage shall release by written recordable instrument, the

ions and liens and created Common other by Expenses payments this Declaration and the Bylaws; and (2) that the mortgagee under any Inferior Mortgage shall release by written recordable instrument, the for the purpose of restoration of any improvements upon mortgaged premises, all of its right, title and interest in and to the proceeds under all insurance policies upon said premises, which the insurance policies effected and placed upon were Project by the Association. Such release shall be furnished to the Association by the mortgagee under any Inferior Mortgage promptly following written request therefor by the Association.

The provision of this paragraph 7.12 relating to an Inferior Mortgage shall not apply to any first Mortgage.

Each be Without at such water or 7.13 Owner's Responsibility for Maintenance of Unit.

Owner shall maintain and keep in a good state of repair the of All such Owner's Unit.

interior fixtures and equipment including but not limited to the heating and air-conditioning systems servicing such Owner's Unit, commencing at a point where the utility lines, pipes, wires, conduits or systems enter the Unit shall (except with air-conditioning compressor), maintained and kept in good repair by the Owner thereof.

limiting the generality of the foregoing, each Owner, Owner's expense, shall maintain and keep in good repair and replace, if necessary, any air-conditioning compressor, heater unit, fans, ductwork, and heating unit and cooling coils utilized solely in or for such Owner's Unit, and each Owner shall at such Owner's be obligated to promptly repair and replace, expense, all windows, doors or glass therein which become broken or cracked. All fixtures and equipment not utilized solely in or for a particular Unit shall be maintained and repaired at the

replace, expense, all windows, doors or glass therein which become broken or cracked. All fixtures and equipment not utilized solely in or for a particular Unit shall be maintained and repaired at the expense of the Association. An Owner when exercising the right and responsibility of repair, maintenance, replacement remodeling, as herein defined, shall never alter in any manner whatsoever the exterior appearance of such Owner's Unit, except by written consent of the Board. Each Owner shall, however, have the exclusive right to paint, plaster, panel, tile, wax, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding such Owner's Unit.

In the event an Owner fails to maintain such Owner's Unit as provided herein in a manner which the Board deems necessary to preserve the appearance and value of the Project, the Board may notify Buch Owner of the work required and request that it be In done within thirty (30) days from the giving of such notice.

the event such Owner fails to complete such maintenance within said period, the Board may cause such work to be done and the Owner shall be personally liable to the Association for the cost of such work. If the Owner fails to pay such cost upon demand by the Association, the cost thereof (plus interest from the date of demand until paid at the maximum legal rate, or if there is no Buch maximum legal rate, then at the rate of two percent per month) shall be added to the Assessment chargeable to the Owner's Units and shall be deemed to be a special Assessment hereunder.

Any such amounts added to the Assessments chargeable against a for shall be liens secured by the reserved hereinabove Assessments and may be collected by any means provided herein for

sment hereunder.

Any such amounts added to the Assessments chargeable against a for shall be liens secured by the reserved hereinabove Assessments and may be collected by any means provided herein for the collection of Assessments, including, but not limited to, foreclosure upon the Unit. Notwithstanding any provision herein to the contrary, prior to the use of summary abatement or other similar procedures causing the alteration or demolition of any item of construction, judicial proceedings must be instituted.

Unit 7.14 Compliance with Provisions of Declaration and Bylaws.

Each Owner shall comply strictly with the provisions of this the Declaration, the Bylaws and the rules and regulations of Association or the Board adopted pursuant thereto as the same may 09249 0334 •-17ADT10526 TD> 3938535.020 be amended from time to time. Failure to comply with any of the Bylaws, rules or regulations of the Association shall constitute a violation of this Declaration, and shall give rise to a cause of action to recover sums due for damages or injunctive relief or both, maintainable by the Managing Agent or Board on behalf of the Association or by an aggrieved Owner.

While Declarant has no 7.15 No Warranty of Enforceability.

reason to believe that any of the restrictive covenants or other terms and provisions contained in this Article VII or elsewhere in this Declaration are or any be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or to the or future validity representation terms covenants, such any the in Project in Owner acquiring enforceability provisions. Any as of shall assume present restrictive a Unit the validity or or and reliance on one or more of such restrictive covenants, terms or all risks of provisions

er acquiring enforceability provisions. Any as of shall assume present restrictive a Unit the validity or or and reliance on one or more of such restrictive covenants, terms or all risks of provisions enforceability thereof and, by acquiring the Unit agrees to hold Declarant harmless therefrom.

ARTICLE VIII.

INSURANCE, REPLACEMENT AND CONDEMNATION 8.01 Insurance; Damage or Destruction.

The (a) Association Liability Insurance.

obtain and shall continue in Association effect comprehensive public liability insurance insuring the Association, the Declarant and the agents and employees of each and the Owners and the respective guests and invitees of the Owners against any liability incident to the ownership or use of the Common Elements and if public and including, obtainable, a ways, each insured, insured and a crossliability endorsement insuring against liability to each other "severability of interest" endorsement precluding the insurer from denying coverage to one Owner because of The the negligence of other Owners or the Association.

scope of the coverage must include all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects similar in construction, location, and use. The policy shall be written 80 as to require at least ten (10) days written notice to the Association and all Mortgagees listed the on policy to prior cancellation substantial modification of the policy. Coverage shall determined Board to amount the or be be in sufficient.

an by (b) Master Hazard Insurance, Additionally, the effect a on in Association shall obtain and continue in master or blanket policy of multi-peril insurance the Project, providing as a minimum fire and extended and all other coverage coverage in the kinds and

on in Association shall obtain and continue in master or blanket policy of multi-peril insurance the Project, providing as a minimum fire and extended and all other coverage coverage in the kinds and amounts commonly required by private institutional mortgage investors for similar projects construction, location and use on a replacement cost basis in an amount not less than one hundred percent (100%) of the insurable value (based upon replacement The master cost) of all improvements on the Property.

policy of multi-peril insurance shall contain extended coverage and replacement costs endorsements, available, and may also contain vandalism and malicious mischief coverage, special form endorsement, stipulated amount clause and determinable a not if a cash cash Such adjustment clause, or a similar clause to permit settlement in the event of destruction and a decision to rebuild pursuant to this Declaration.

be in form and amount ав may be policies shall determined by the Board, Association, the Owners and -18shall ав name insured the Declarant (so long as 09249 0335 טח ༢༠༢༢༩༢ཋ 021 Declarant is an Owner of any Units), and all Mortgagees and shall as their respective interests may appear, provide that any proceeds be paid to the Association for the use and benefit of the Owners and Mortgagees as their interest may appear. Such policy shall not be required to insure the personal property or customized items within any individual Units, which shall be and remain the responsibility and risk of the Owners.

Insurance.

The The are (c) Additional Association Association may purchase such other insurance as it may deem necessary, including, limitation, without plateglass insurance, worker's compensation, directors' liability, and errors and omissions insurance, and the

ay purchase such other insurance as it may deem necessary, including, limitation, without plateglass insurance, worker's compensation, directors' liability, and errors and omissions insurance, and the Association shall purchase fidelity coverage against dishonest acts by any directors, managers, trustees, employees or volunteers of the Association who for handling funds responsible belonging to or administered by the Association.

fidelity bond insurance shall name the Association as the insured and shall provide coverage in an amount not less than one and one-half (1-1/2) times the Association's estimated and annual shall operating expenses provide for at least ten (10) days written notice to and the Association all to listed Mortgages prior cancellation In modification.

connection with such coverage, an appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers. In addition, the Association shall purchase such additional insurance as be required under guidelines and regulations by promulgated the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.

may or and substantial reserves, of (d) Insurance Premiums. Insurance premiums shall be a Common Expense to be included in the Assessments levied by the Association. The acquisition insurance by the Association shall be without prejudice the right of any Owner to individual insurance.

to obtain additional This (e) Association as Attorney-in-Fact.

Declaration does hereby make mandatory the irrevocable appointment of an attorney-in-fact to deal with the Project, in whole or in part, upon its destruction or obsolescence. Title to any Unit iB declared and and conditions

make mandatory the irrevocable appointment of an attorney-in-fact to deal with the Project, in whole or in part, upon its destruction or obsolescence. Title to any Unit iB declared and and conditions expressly made subject to the terms hereof, and acceptance by any grantee of a deed or other instrument of conveyance from the Declarant or from any Owner or grantor shall constitute appointment All Owners of the attorney-in-fact herein provided.

irrevocably constitute and appoint the Association as their true and lawful attorney in their name, place and stead for the purpose of dealing with said Project upon its destruction or obsolescence ав iB hereinafter provided. As attorney-in-fact, the Association, by and through its President and President any Vice Secretary or any Assistant Secretary, shall have full and complete authorization, right and power to make, any other execute and deliver any contract, deed or instrument with respect to the interest of any Owner the which is necessary and appropriate to exercise powers herein granted. Any repair, reconstruction or replacement made of the improvement(s) shall be substantially the same condition existing prior to the damage, with each Unit and the Common Elements having substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be available to the Association for the purpose of repair, restoration or replacement unless -1909249 0336 or to : CM ADTIO526 TR 3938535.022 as the Owners agree not to rebuild in accordance with the hereinafter set forth. The provisions Association shall have full and authority, right power, attorney-in-fact, to cause any repair and restoration of the improvement(s) permitted or required hereunder.

reinafter set forth. The provisions Association shall have full and authority, right power, attorney-in-fact, to cause any repair and restoration of the improvement(s) permitted or required hereunder.

Without limitation on the generality of the foregoing, the Association, as said attorney-in-fact, shall have the full power and authority to purchase and maintain to collect such insurance, the and remit premiums therefor, to settle and compromise any and all claims under said insurance policies, to collect proceeds and to distribute the same to the Association, the Owners and to the their respective Mortgagees (subject provisions hereof) as their interests may appear, to and of liability releases to execute execute all documents and to do all things on behalf of such the Project as shall be Owners, the Association and necessary or convenient to the accomplishment of the foregoing; and any insurer may deal exclusively with regard such Association to matters. The Association shall not be responsible for procurement or maintenance of any insurance covering the contents or the interior of any Unit or for the liability of any Owner for the occurrences therein not caused by or in Association's the with in the connection maintenance or use of the Project.

operation, In the (f) Reconstruction or Repair of Project.

event of fire, casualty or other disaster involving substantial damage to the Project, within ten (10) days of receipt of determination of the amount of insurance proceeds available to the Association, the Association shall cause notice to be given of a special meeting of Members to be held not less than twenty (20) nor more than thirty (30) days from the giving of such notice for the purpose of considering the adoption of a Plan

ice to be given of a special meeting of Members to be held not less than twenty (20) nor more than thirty (30) days from the giving of such notice for the purpose of considering the adoption of a Plan for Reconstruction of the Project. Such notice shall specify the amount of insurance proceeds available, the deemed estimated cost of restoration and other data pertinent to the determination called for by this Section.

(g) the of fire, Project, 8.01(1) reconstruction.

Bhall and Sufficient Proceeds. In саве casualty or any other disaster, the insurance proceeds, if sufficient to reconstruct the of provisions Section subject to be applied to such 8.01(j) below, Reconstruction of the Project, as used in this Section 8.01(g) means restoring the Project to substantially the it in which existed immediately prior to the fire, casualty or other disaster, with each Unit and the Common Elements having substantially the same vertical and horizontal boundaries as before.

Such reconstruction shall be caused to be accomplished by the Association or its duly authorized agents.

condition Bame Insufficient Proceeds. If (h) the insurance proceeds are insufficient to reconstruct the Project, the damage or destruction thereof shall, subject to the provisions of Section 8.01(1) and 8.01(j), be promptly caused to be repaired and restored by the Association or its of duly authorized agents, using proceeds insurance, if any, on the Project for that purpose, and the Owners shall be liable for the special Assessment for Assessments any deficiency as hereinafter or provided.

(i) Less than Two-Thirds Destruction. If less than two-thirds (2/3) of the Project (as determined by the vote or written consent of Owners owning as least fifty-one percent (51%) of the Common Elements in the exercise

-Thirds Destruction. If less than two-thirds (2/3) of the Project (as determined by the vote or written consent of Owners owning as least fifty-one percent (51%) of the Common Elements in the exercise their sole discretion) is destroyed or of 09249 0337 -20АРТ 1 Лаза MD 3938535 023 substantially damaged by fire or any other disaster, then the Project shall be rebuilt or repaired under a Plan for Reconstruction adopted by majority vote of the unless the Owners, Members of the Association by or written consent, and all unanimous vote of the elect not to Mortgagees by prior written approval repair such damage; in which event the procedures set forth in Section 8.01(j) below shall be followed.

(5) Two-Thirds or More Destruction.

If two-thirds (2/3) or more of the Project (as determined vote by the or written consent of Owners owning at least fifty-one percent (51%) of the Common Elements in the exercise of their sole discretion), is destroyed or substantially damaged by fire or any other disaster, and if the Owners, by unanimous vote or written consent, do not voluntarily, within one hundred eighty (180) days after determination of the amount of the Association's insurance proceeds resulting from such destruction or damage, adopt a Plan for Reconstruction (unless within such period the buyout contemplated in the is effected), this Section 8.01(j) condominium regime shall be deemed to have been waived, and the Association shall take all action required under the Act to regroup and merge the filial estate with the principal property, whereupon: be (i) the Project shall be deemed to be owned in common by the Owners; (ii) the undivided interest in the Project owned in common which shall appertain to each Owner shall be the percentage of undivided

(i) the Project shall be deemed to be owned in common by the Owners; (ii) the undivided interest in the Project owned in common which shall appertain to each Owner shall be the percentage of undivided interest previously owned by such Owner in the Common Elements; (iii) that liens each on Unit any and certain portion of the Common Elements appurtenant thereto shall be deemed to be transferred in accordance with their existing priorities to the undivided interest of the Owner of the affected Unit; and an one (iv) the Project shall be subject to action for partition at the suit of any Owner, in which event the net proceeds of the insurance on the Project, if any, shall be considered as fund and shall be divided among all the Owners and their mortgagees as their interests shall appear to percentage equal a the Common Interest previously owned by each Owner.

in Each Owner shall or repair are (k) Repair of Interior of Unit.

for the responsible reconstruction, replacement of that portion of the interior of such Owner's Unit which the Owner has installed, furnished or provided, including but not limited to, any floor coverings, wall coverings, window shades, draperies, furniture, furnishings, decorative light fixtures, or other improvements, betterments and additions to the Unit, all equipment and appliances located therein not irrespective of whether or such appliances "built-in" to the Unit, and all air-conditioning and heating equipment serving such Each Owner shall also be responsible for the costs not otherwise covered by insurance carried by the Association of any reconstruction, repair or replacement of any portion of the Project necessitated by such Owner's negligence or misuse or the negligence or misuse of his invitees, guests, agents, servants,

tion of any reconstruction, repair or replacement of any portion of the Project necessitated by such Owner's negligence or misuse or the negligence or misuse of his invitees, guests, agents, servants, employees or contractors. In the event damage to all or any part of the interior of any Owner's Unit is Owner's Unit.

09249 0338 -21CM ANTIO526 TR 3938535.024 or covered by insurance held by the Association for the benefit of such Owner, then such Owner shall begin reconstruction or repair of such damage upon receipt of the insurance proceeds of any portion thereof from the Association, subject to the rights of the Association to supervise, approve or disapprove such reconstruction course thereof. In the event repair during the damage to all or any part of the interior of an Owner's Unit is not covered by insurance the held by Association for the benefit of such Owner, then such Owner said shall begin reconstruction or repair of Owner's Unit within sixty (60) days after the date of such damage, subject to the right of the Association to supervise, approve or disapprove such reconstruction or repair during the course thereof.

(1) As soon Application of Insurance Proceeds.

as possible after the occurrence of a casualty which causes damage to any part of the Project for which the Association has insurance coverage (hereinafter referred to as the "Casualty"), the Association shall obtain reliable detailed cost estimates of the following: All and (i) The cost of restoring all damage caused by the Casualty to the Common Elements (hereinafter referred to as the "Common Element Costs"); and (ii) The cost of restoring that part of the damage caused by the Casualty to each Unit which is or would be covered by insurance held by the Association without regard to the policy limits of

s"); and (ii) The cost of restoring that part of the damage caused by the Casualty to each Unit which is or would be covered by insurance held by the Association without regard to the policy limits of as (hereinafter referred to Buch insurance "Unit Costs").

the insurance proceeds available to the Association with respect to the Casualty shall first be applied to the payment of the actual Common Element Costs and the balance thereof, if any, shall thereafter be applied to the payment of the actual Unit Costs. However, if such insurance proceeds are not sufficient to cover such estimated costs, then a special or Assessment Assessments shall be made against the Owners by the If such Association as provided in Section 8.01(m).

insurance proceeds are in excess of the amount needed to cover such estimated costs, the surplus shall be retained by the Association to be used to defray Common Expenses.

(m) Plan for Reconstruction.

If the Owners adopt a Plan for Reconstruction all of the Owners shall be bound by the terms and other provisions of such plan.

Any assessment made in connection with such plan shall be deemed to be a special Assessment under this Declaration and shall be made pro rata according to each Owner's interest in the Common Elements and shall be due and payable at the time and in the manner specified by the Association. The Association shall have the authority to cause the repair or restoration of the improvements using all of the insurance proceeds for of an Buch purpose notwithstanding the failure Owner to special Assessment. The pay the special Assessment provided for herein shall be a debt of each Owner and a lien on each Condominium Unit and may be enforced and collected as provided for Assessment liens herein. In addition thereto, the Association, as

rovided for herein shall be a debt of each Owner and a lien on each Condominium Unit and may be enforced and collected as provided for Assessment liens herein. In addition thereto, the Association, as attorney-in-fact, shall have the absolute right and power to foreclose the lien against the Condominium Unit of any Owner refusing or failing to pay such special Assessment within the time provided.

-2209249 0339 TD 3038535 025 carry to In addition to (n) Personal Liability Insurance.

the master policies which the Association shall carry, the Board shall have the power to require each Owner, sole cost and to such Owner's at expense, liability insurance covering damage personal property or injury to the person of others within the Project resulting from negligence of the Owner or such tenants, family members, agents, guests Owner's invitees, in such amount as may be deemed necessary by the Board.

(0) or of insurance Waiver of Subrogation; Notice Cancellation. All property and liability carried by the Association or the Owners shall contain the whereby insurer waives rights of provisions subrogation as to the officers, and Association, directors, and any Members, their guests, agents and of policies insurance must All hazard employees.

contain or have attached the standard mortgage clause commonly accepted by private institutional mortgage investors in the area in which the Units are located.

8.02 Condemnation. If all or any part of the Project is taken or threatened to be taken by eminent domain or by power in the nature of eminent domain (whether permanent or temporary), the Association, each Owner and each Mortgagee shall be entitled incident at thereto their to in participate proceedings respective expense. The Association shall give written notice of Owners and to all

Association, each Owner and each Mortgagee shall be entitled incident at thereto their to in participate proceedings respective expense. The Association shall give written notice of Owners and to all the existence of such proceedings to all Mortgagees known to the Association to have an interest in any in such Condominium Unit.

of The expense participation The proceedings by the Association shall be a Common Expense.

Association is specifically authorized to obtain and pay for such assistance from attorneys, appraisers, architects, engineers , expert witnesses and other persons as the Association in its discretion deems necessary or advisable to aid or advise it in matters relating to such proceedings. All damages or awards for any such taking shall be deposited with the Association, and such damages or awards shall be applied as provided herein.

In the event that an action in eminent domain is brought to condemn a portion of the Common Elements (together with or apart from any Condominium Unit), the Association, in addition to the general powers set out herein, shall have the sole authority to determine whether to defend or resist any such proceeding, to or to convey such make any settlement with respect thereto property to the condemning authority in lieu of such condemnation proceeding. With respect to any such taking, all damages and awards shall be determined for such taking as a whole and not for each Owner's interest therein. After the damages or awards for a taking are determined, the damages or awards shall be paid to the account of each Owner and Mortgagee in proportion to the Owner's percentage ownership interest in the Common Elements, The Association, if restoration takes place as herein provided.

ll be paid to the account of each Owner and Mortgagee in proportion to the Owner's percentage ownership interest in the Common Elements, The Association, if restoration takes place as herein provided.

it deems advisable, may call a meeting of the Owners, at which meeting the Owners, by majority vote, shall decide whether to In replace or restore the Common Elements so taken or damaged.

the event it is determined that such Common Elements should be other land replaced by obtaining or building restored or additional structures, this Declaration and the Condominium Map shall be duly amended by instrument executed by the Association on behalf of the Owners.

the or more, unless In the event that an eminent domain proceeding results in one damage to taking of or (1) but less than sixty-six and two-thirds percent (66-2/3%) of the total number of Condominium Units, then the damages and awards for such taking shall be determined for each Condominium Unit and the following shall apply: (a) The Association shall determine which of the Condominium Units damaged by such taking may be made 09249 0340 -233333 mn 3Q38535 026 Bet forth in this tenantable for the purposes Declaration, taking into account the nature of this and the reduced size Condominium Project each of Condominium Unit so damaged.

of (b) The Association shall determine whether it is to the reasonably practicable operate remaining including those Condominium Units the Project, be made tenantable, as a damaged Units which may this Condominium Project in the manner provided in Declaration.

(c) In the event that the Association determines that it is not reasonably practicable to operate the undamaged Condominium Units and the damaged Units which can be made tenantable as a Condominium Project, then

event that the Association determines that it is not reasonably practicable to operate the undamaged Condominium Units and the damaged Units which can be made tenantable as a Condominium Project, then the Condominium Project shall be deemed to be regrouped into and merged a single estate owned jointly in undivided interest by all Owners, as tenants-in-common, in the percentage ownership interests previously owned by each Owner in the Common Elements.

(d) In the event that the Association determines to the it will be operate reasonably practicable undamaged Condominium Units and the damaged Units which can be made tenantable as a Condominium Project, then the damages and awards made with respect to each Unit which has been determined to be capable of being made to and to be shall tenantable applied repair reconstruct each Condominium Unit so that it is made tenantable and which will be made tenantable by such work. If the cost of the work exceeds the amount of be the award, the additional funds required shall are assessed against those Condominium Units which tenantable and which will be made tenantable by such work. With respect to those Units which may not be tenantable, the award made shall be paid to the joint account of each Owner and Mortgagee thereof and the remaining portion of such Units, if any, shall become a part of the Common Elements. Upon the payment of such award for the account of such Owner as provided herein, such Condominium Unit shall no longer be a part of the Condominium Project, and percentage ownership interest in the Common Elements appurtenant to each remaining Condominium Unit which shall continue as part of the Condominium Project shall be equitably adjusted to distribute the ownership of the undivided interests the among in the

purtenant to each remaining Condominium Unit which shall continue as part of the Condominium Project shall be equitably adjusted to distribute the ownership of the undivided interests the among in the reduced number of Common Elements Owners.

the If the entire Condominium Project is taken, or sixty-six and two-thirds percent (66-2/3%) or more of the Condominium Units are taken or damaged by such taking, all damages and awards shall be Owners of Units in proportion to paid to the accounts of the their percentage ownership interests in the Common Elements and this condominium regime shall terminate upon such payment. Upon such termination, the Condominium Units and Common Elements shall be deemed to be regrouped and merged into a single estate owned in undivided interest by all Owners as tenants -in-common in the percentage ownership interest previously owned by each Owner in the Common Elements.

or the In the 8.03 Financing of Purchase of Unit by Association.

event the Association should acquire a Unit at foreclosure or Buch acquisition by pursuant to any provision hereof, from the working capital of the be made Association may Association and common charges in the hands of the Association, if such funds are insufficient, the Association may levy a (excluding special Assessment or Assessments against each Owner the Owner of the Unit being acquired) in proportion to such Owner's Common Interest, as a Common Expense, or the Association , in its discretion, may borrow money to finance the acquisition of -2409249 0341 mn 3078535 027 such Unit; provided, however, that no financing may be secured by an encumbrance or hypothecation of any property other than the Unit, together with the interest in the Common Elements appurtenant thereto, so to be acquired by the Association.

cing may be secured by an encumbrance or hypothecation of any property other than the Unit, together with the interest in the Common Elements appurtenant thereto, so to be acquired by the Association.

ARTICLE IX.

GENERAL PROVISIONS 9.01 Enforcement. The Association, any Owner, or the Managing Agent shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens, and charges now or hereafter imposed by this Declaration, and in such action shall be entitled to recover costs and reasonable attorneys' fees as are ordered by the Court; provided, that failure to enforce any such provision shall in no event be deemed a waiver of the right to do 80 thereafter. All rules, regulations, duties and obligations relating to Owners, Units or the Project expressed herein, in the Bylaws, or in any rules or regulations adopted by the Board are covenants, conditions and restrictions and are a "charge on the ownership interest" of each Owner. Any injunctive remedies or other remedies specified herein, in the Bylaws or in any rules or regulations adopted by the Board for breach of these covenants, conditions and restrictions, are also available against any tenant or other occupant (or former tenant or other occupant) of a Unit, as well as against the Owner (or former Owner) thereof.

All covenants, conditions and restrictions, including the duties to pay Assessments, shall be deemed "restrictive covenants" within the meaning of any Texas statute or other law governing rights of owners' associations to enforce such restrictive covenants, including, but not limited to, any statutory right of reimbursement of attorney's or other fees incurred in connection with enforcement of restrictive covenants.

to enforce such restrictive covenants, including, but not limited to, any statutory right of reimbursement of attorney's or other fees incurred in connection with enforcement of restrictive covenants.

9.02 Invalidity of Any Provision. Should any provision of this Declaration be declared invalid or in conflict with any laws or ordinances of the jurisdiction where the Project is situated, the validity of all other provisions shall remain unaffected and in full force and effect.

9.03 Termination of Mechanic's Lien Rights and Indemnification. No labor performed or materials furnished and incorporated in a Unit with the consent or at the request of an Owner or such Owner's agent, contractor or subcontractor shall be the basis for the filing of a lien against either the Common Elements or the Unit of any other Owner not expressly consenting to or requesting the same, except that express consent shall be deemed to be given by the Owner of any Unit to the Board or Managing Agent in the сабе of emergency repairs. Each Owner shall indemnify and hold harmless each of the other Owners from and against any and all liability arising from any such claims or liens against the Units of any other Owners or against the Common Elements for construction performed or for labor, materials, services or other products incorporated in the indemnifying Owner's Unit at Buch indemnifying Owner's request. Labor performed or materials furnished for the General Common Elements, if duly authorized by the Managing Agent or the Board in accordance with this Declaration or the Bylaws, shall be deemed to be performed or furnished with the express consent of each Owner and shall be the basis for the filing of a lien pursuant to law against each Unit in the Project.

9.04 Mortgage Protection Clauses.

to be performed or furnished with the express consent of each Owner and shall be the basis for the filing of a lien pursuant to law against each Unit in the Project.

9.04 Mortgage Protection Clauses.

(a) Rights of Mortgagees. No breach of any of the covenants, conditions and restrictions contained in this Declaration, nor the enforcement of any lien provisions herein, shall render invalid the lien of any first lien Mortgage on any Unit made in good faith and for value, but all of said covenants, conditions and restrictions shall be binding upon and effective 09249 0342 -25Tr חיד ༣༠༣༢༣༢ད 028 against any foreclosure Owner or whose title trustee's sale, or is derived through otherwise, unless otherwise provided herein.

(b) Notice to Lenders. All Mortgagees that have filed written with the Association an appropriate request, shall be entitled to receive the following notices in writing from the Association: (i) Notice of any condemnation or casualty loss that affects either a material portion of the Project or the Units securing such Mortgagee's Mortgage.

in the day or (ii) Notice of any sixty (60) delinquency of payment Assessments charges owed by the Owner of the Unit securing such Mortgagee's Mortgage.

(iii) Notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association.

of (iv) Notice of any proposed action which would require consent a specified as specified in this percentage of Mortgagees Declaration.

the Without (c) Changes Requiring Lender Approval.

the prior written approval of all other Mortgagees, the Association shall not be entitled to: (i) By act or omission, seek to abandon or terminate the Condominium Project, for except adandonment or termination of the Project provided

other Mortgagees, the Association shall not be entitled to: (i) By act or omission, seek to abandon or terminate the Condominium Project, for except adandonment or termination of the Project provided by law, in case of substantial destruction by fire taking by or other casualty or in the case of a condemnation or eminent domain; seek to abandon, or transfer (ii) By act or omission, partition, subdivide, encumber, Bell the Common Elements; provided, however, that the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements shall not be deemed a transfer within the meaning of this clause; or for (iii) Use hazard insurance proceeds losses to any property on the Project (whether to.

Units or to Common Elements) for other than the repair, replacement or reconstruction. thereof, otherwise herein except provided by applicable statute in case of substantial loss or damage to the Units and/or the Common Elements.

ав or Notwithstanding any or the other of (d) Mortgage Priority.

language contained in this Declaration Project Documents to the contrary, no Owner or other the shall have priority over party rights any Mortgagee of any Unit pursuant to its Mortgage in the саве of a distribution to the Owner of such Unit of insurance proceeds or condemnation awards for losses to a taking of all or portion of such Unit and/or Common Elements. Mortgagees shall have the right to examine the books and records of the Association at all reasonable times during regular business hours of the Association.

or (e) Compliance with FHLMC and FNMA Regulations.

The Declarant intends that the Project shall comply with all requirements of the Federal Home Loan Mortgage Corporation ("FHLMC") and the Federal National Mortgage

nce with FHLMC and FNMA Regulations.

The Declarant intends that the Project shall comply with all requirements of the Federal Home Loan Mortgage Corporation ("FHLMC") and the Federal National Mortgage 09249 0343 -26CM ADT10526 TR 3938535.029 Association ("ENMA") pertaining to the purchase by FHLMC and/or FNMA of home loans. Declarant and all Owners therefore agree that, notwithstanding anything to the contrary contained herein, in the event the Project or any of the Project Documents do not comply with the FHLMC and/or FNMA requirements, the Board shall have the power (on behalf of the Association and each and every Owner) to amend the terms of this Declaration and the Bylaws and/or to enter into any agreement with FHLMC and/or FNMA (or their designees) or the Mortgagees of the Units reasonably required by FHLMC and/or FNMA or the Mortgagees to allow the Project to comply with such requirements.

(f) Taxes, Assessments, and Charges Which May Become Liens. All taxes, assessments, and charges which may become liens prior to any Mortgage under local law shall relate only to the individual Units and not to the Project as a whole.

9.05 Alteration or Destruction of Units or Limited Common Elements. Notwithstanding any provision herein to the contrary, the Association may not alter or destroy any Unit or Limited Common element without the consent of all Owners affected and the Mortgagees of all affected Owners.

9.06 Revocation or Amendment to Declaration. Except as otherwise provided herein, this Declaration shall not be revoked unless all of the Owners and all of the holders of any recorded first lien Mortgage covering or affecting any or all of the Units unanimously consent and agree to such revocation by instrument(s)

oked unless all of the Owners and all of the holders of any recorded first lien Mortgage covering or affecting any or all of the Units unanimously consent and agree to such revocation by instrument(s) duly recorded. This Declaration may only be amended at a meeting of the Unit Owners at which the amendment is approved by Owners of at least sixty-seven percent (67%) of the Common Interest, and no such amendment shall be effective until it is approved in writing by sixty-seven percent (67%) of holders of Mortgages affecting Units. Notwithstanding any provision herein to contrary, however, that no amendment to this Declaration may alter or destroy a Unit or a Limited Common Element without the consent of the Owner or Owners affected and the Mortgagee or Mortgagees of the Unit or Units owned by such Owner or Owners.

the 9.07 Distribution of Foreclosure Proceeds. The proceeds derived from the foreclosure sale of any Condominium Unit by the Association shall be used and disbursed by the Association in the following order: (a) For payment of taxes and special assessment liens in favor of the State of Texas and any political subdivision, special improvement district or other taxing or assessing authority; (b) For payment of the balance of the lien of any first Mortgage; (c) For payment of unpaid monthly and special Assessments; (d) For payment of any costs and attorney's fees incurred in connection with such foreclosure; and (e) For payment of any recorded mortgages encumbrances (other than first Mortgage) in order of and to the extent of their priority; and (f) The balance remaining, if any, shall be paid to the Condominium Unit Owner.

9.08 Limitation of Restrictions on Declarant. Declarant is undertaking the construction of the Project, The completion of

f) The balance remaining, if any, shall be paid to the Condominium Unit Owner.

9.08 Limitation of Restrictions on Declarant. Declarant is undertaking the construction of the Project, The completion of that work and the sale, rental, and other disposition of the Units is essential to the establishment and welfare of the 09249 0344 -27Anetin nata Inc CM ADT10526 TR 3938535.030 a fully Project as a residential condominium project. In order that said work may be completed and the Project be established as occupied condominium project as rapidly as possible, nothing in this Declaration shall be understood or construed to: (a) Prevent or Declarant, its contractors, subcontractors from doing on or to the Project or any Unit, whatever is reasonably necessary or advisable in connection with the completion of the work; or (b) Prevent Declarant or its representatives from erecting, constructing and maintaining on any part or parts reasonable business of completing said work and establishing said Project condominium residential and disposing of the same in parcels by sale, of the Project, and necessary such structures for the as conduct may be of its project lease or аб otherwise; or a (c) Prevent Declarant from conducting on any part of the Project its business of completing the work and of establishing and of a plan of Unit ownership disposing of said Project in Units by sale, lease or otherwise; or (a) Prevent Declarant from maintaining such sign or signs on any part of the Project as may be necessary for the sale, lease or disposition thereof; or (e) Prevent Declarant from maintaining model units for display to the public.

owns one So long as Declarant, its successors and assigns, or more of the Condominium Units described herein, Declarant, its

) Prevent Declarant from maintaining model units for display to the public.

owns one So long as Declarant, its successors and assigns, or more of the Condominium Units described herein, Declarant, its successors and assigns shall be subject to the provisions of this Declaration.

of 9.09 of Termination Declarant.

Any Responsibility Declarant may at any time, or from time to time, sell, assign or transfer all ΟΙ any part of its rights hereunder and/or its right, title and interest in the Project to any Person or Persons who shall thereafter have such rights and powers of Declarant as and 80 transferred or are contained in the Project Documents assigned. In the event Declarant shall convey all of its right, Person or any title and interest in and to the Project to Persons, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and such Person or Persons shall be obligated to perform all such duties and obligations of the Declarant. Any Mortgagee of the Declarant who acquires title to any Condominium Unit due to foreclosure of liens against the Unit and the first purchaser automatically succeed to the from such Mortgagee shall Declarant's rights and privileges hereunder.

9.10 Notice. All notices or demands intended to be served shall be sent by ordinary or certified mail, an Owner upon the name of the Owner to the postage prepaid, addressed in address last given the Secretary of the Association by the Owner, and if no address has been given, in care of the Unit number and Building address of such Owner. all notices or demands intended to be served upon the Managing Agent, or the Board of Directors of the Association, or the Association, shall be sent by ordinary

er and Building address of such Owner. all notices or demands intended to be served upon the Managing Agent, or the Board of Directors of the Association, or the Association, shall be sent by ordinary or certified mail, postage prepaid, to the office of the Project at 1301 Capital of Texas Highway South, Suite B-320, Austin, Texas 78746, until such address is changed by a notice of address If change duly recorded, in the records of the Association.

be deemed to have been delivery is made by mail, it shall delivered seventy-two (72) hours after deposit in the United States mail, postage prepaid, and properly addressed to the party being notified.

-2809249 0345 mn 2028535 031 the in 9.11 Legal Intent. It is the intent of Declarant, Association and the Owners that the Project Documents be strict compliance with applicable usury laws of the State of In furtherance Texas and of the United States of America.

thereof, said parties stipulate and agree that none of the terms and provisions contained in the Project Documents shall ever be construed to create a contract to pay for the use, forbearance or detention of money, interest at a rate in excess of the maximum interest rate permitted to be charged under such applicable laws.

The Owners or other parties now or hereafter becoming liable for payment of sums owing under the terms of the Project Documents shall never be required to pay interest at a rate in excess of the maximum interest that may be lawfully charged under such applicable laws, and the provisions of this Section shall control over all other provisions of the Project Documents in conflict herewith. In the event that the Declarant, the Association or which are any of its designated agents shall collect monies rate a of excess that deemed to constitute interest

ject Documents in conflict herewith. In the event that the Declarant, the Association or which are any of its designated agents shall collect monies rate a of excess that deemed to constitute interest permitted to be charged by such applicable laws, all such sums deemed to constitute interest in excess of the legal rate shall be immediately returned to the owner or other party so paying said monies upon such determination.

at in to and of made 9.12 Reference is here The Master Declaration.

Inc., a Texas Davenport Ranch Master Neighborhood Association, non-profit corporation (the "Master Association") which has been the of Covenants created pursuant to Master Declaration Conditions For Davenport Ranch (the "Master Declaration"), record in Volume 7898, Page 776, Real Property Records of Travis to all terms and County, Texas. The subject Property is the conditions of the Master Declaration. Any violation of Master Declaration by any Owner shall constitute a violation of this Declaration, giving rise to all remedies granted hereunder .

the terms of the The Annual Maintenance Charge levied under Master Declaration shall be the joint obligation of the Owners and shall be paid by the Association.

9.13 Miscellaneous.

(a) State of Texas.

the Statutes and Laws of provisions of this Declaration shall be in addition and supplemental to the Texas Condominium Act and to all other provisions of law. In case of a conflict in the terms hereof and the Texas Condominium Act, the Texas Condominium Act shall govern.

(b) Conflict of Project Documents.

If there is any conflict among or between the Project Documents, the this Declaration shall prevail; provisions of thereafter, be to given Project priority shall Documents in the following order: Articles; Map;

s any conflict among or between the Project Documents, the this Declaration shall prevail; provisions of thereafter, be to given Project priority shall Documents in the following order: Articles; Map; Bylaws; and Rules and Regulations of the Association.

(c) Number and Gender. Whenever used herein, unless the context otherwise provides, the singular the plural number include the the plural, shall singular, and the use of any gender shall include both gerders.

The a аб captions matter and (d) Captions and Headings.

headings herein are inserted only of convenience and for reference and in no way define, limit or describe the scope of this Declaration nor the intent or meaning of any provisions hereof.

(0) Term of Declaration. The covenants, conditions, and restrictions of this Declaration shall and run with and bind the Property and the Project, shall inure to the benefit of and shall be enforceable by the its legal respective representatives, successors-in-interest and permitted assigns, for a term of fifty (50) years from the date Association, 09249 0346 -29G ANTIO526 TR 3938535.032 and shall this Declaration is recorded, after which time said covenants, conditions, restrictions automatically be extended for successive periods of ten (10) years, unless an instrument, signed by all of the then and Owners all of the has Mortgagees, agreeing recorded, to change said covenants, conditions, and restrictions in whole or in part.

been IN WITNESS WHEREOF, Declarant has duly executed this Declaration this the 30th day of JUNE DECLARANT: THE STATE OF TEXAS : COUNTY OF TRAVIS THE CONDOS OF LONG CHAMP JOINT VENTURE BY: JOHN LLOYD DEVELOPMENT COMPANY Joint Venturer BY: By: JOHN S. LLOYD Its: PRESIDENT JOHN S. LLOYD, INC.

Joint Venturer By: Its: sch JOHN S. LLOYD PRESIDENT by John

ONDOS OF LONG CHAMP JOINT VENTURE BY: JOHN LLOYD DEVELOPMENT COMPANY Joint Venturer BY: By: JOHN S. LLOYD Its: PRESIDENT JOHN S. LLOYD, INC.

Joint Venturer By: Its: sch JOHN S. LLOYD PRESIDENT by John This instrument was acknowledged before me on LOYD 6-30-85 President corporation, Texas of Joint Lloyd Development Company, a Venturer of The Condos of Long Champ Joint Venture, a Texas joint venture, on behalf of said joint venture.

"NOTARY SEAL Elaine Lan Bollinger Notary Public, The State of Texas BolliNGER Elaine Larsen (Name - Typed or Printed) My Commission Expires: 10-5-85 THE STATE OF TEXAS : COUNTY OF TRAVIS : by This instrument was acknowledged before me on JOHN S. Lloys President 6-30-85 of John S. Lloyd, Inc., a Texas corporation, Joint Venturer of The Venture, Texas joint venture, Condos of Long Champ Joint behalf of said joint venture.

NOTARY SEAL a Elaine Larsen on Bollne Notary Public, The State of Texas Elaine Larsen BulliNGER (Name Typed or Printed) My Commission Expires: 10-5-85 -3009249 0347 ༡༠༢༠ཇ༢F การ EXHIBIT "A" the a map or Lot 1, Phase 3, Section 8, DAVENPORT RANCH, subdivision in to according Travis Texas, plat County, thereof recorded in Book 84, Pages 99B and 99C, Plat Records of Travis County, Texas.

2-685.128 09249 0348 EXHIBIT A mn 3030535 ༢༣༩ LONG CHAMP DRIVE LONG CHAMP COURT TA982224 SECTION $ PHASE 3 RANCH PRIVATE DRIVE SCE UNIT HE UNIT 112 LOT ↳ DAVENPORT RANCH PHASE & SECTION & _TRAVIS 09249 0349 EXHIBIT B 322 DRIVEWAY L.C.E.

20.6' L.C.E. LIMITED COMMON ELEMENT G. C. E. GENERAL COMMON ELEMENT P-PATIO 8- GARAGE F.P.-FIREPLACE S.W. SIDEWALK 20.8' 3.8.8.

14.0' 8.5' 3.3' S.W.

L.C.E.

F. P.

17.0 FIRST FLOOR 906 SQ.FT.

6-101 L.C.E.

20.3' 28.4' 4.7' ILT 14.0' 7.3 P-301 LC.E.

,171 10' 12.0 BUILDING A UNIT IOI BLDG. TYPE A2-R 1562 SQ. FT.

DEWALK 20.8' 3.8.8.

14.0' 8.5' 3.3' S.W.

L.C.E.

F. P.

17.0 FIRST FLOOR 906 SQ.FT.

6-101 L.C.E.

20.3' 28.4' 4.7' ILT 14.0' 7.3 P-301 LC.E.

,171 10' 12.0 BUILDING A UNIT IOI BLDG. TYPE A2-R 1562 SQ. FT.

20.7' SECOND FLOOR 656 SQ.FT.

28.4' CSCIE 09249 0350 1250 Capital of Texas Highway South Again, Texas 78746 APITAL AVE VING OMPANY CORPORATED “Bwildrag 1. Suita 380 15121 317-4066 Austin Data Inc. CM ADI10526 TR 3938535.036 10.5' 1.0] 20.0' 36.0' SMIYEWAY L.C.£.

BACK OF CURB FIREPLACE 17.0 8.9' FIRST FLOOR A 906 SQ. FT.

28.4' 4.7* -102 L.C.E.

7.5" L.C.E.

3.4' SIDEWALK 11.7' ELEC.

TRANS PAD LAYDOWN CURS •-102 L.C.E.

21.3' ווי 20.3' 5.0 BUILDING B UNIT 102 .BLOG. TYPE A2-R 1562 SQUARE FEET SECOND FLOOR 656 50, ETJI 28.4' 3.0' 10.51 GARAGE PATIO L.C.E.

|G.C.E. GENERAL COMMON ELEMENT LIMITED COMMON E49 0351 CSCI 1250 Capital of Tasas Highway South Aublin, Texas 78748 CAPITAL "SUBYE VING COMPANY INCORPORATED Buliding à Bulle 140 1812) 327-400 784986 Austin Data Inc. CM ADI10526 TR 3938535.037 DRIVEWAY L.C. E.

6.0° 10.0' 13.0' FIRST FLOOR 1314 SQ. FT.

30.4' ₤20 18.0' BACK OF CURS LAYDOWN CURB 9-103 L.C.E.

21.3' 12.0' P-103 L.C. E.

BUILDING C UNIT 103 BLDG. TYPE B 1946 SQ.FT.

12.8 P- PATIO G-GARAGE 8.W. SIDEWALK B.C.E. GENERAL COMMON ELEMENT LC.E. LIMITED COMMON ELEMENTU 09249 0352 6.0' ECOND FLOOR 632 SQ.FT.

L b 33.4' 14.4 10.4 CSCI 1850 Capital of Tease Highway th Ayelin, fosqe 76749 CALITAL ZULIZZY ·INCUNIPORATED Building Sulla 300 1612) 227-6004 #4205 Austin Data Inc. CM ADI10526 TR 3938535.038 3.0' 0 11.4' 8.0' P-104 L.C.E.

14.0' FIRST FLOOR 1314 SQ. FT.

30.4' 13.0° 12.0° P-104 L.C.E.

12.2 10,8' 5.0° DRIVEWAY LC.E.

8-104 L.C.E.

LAY DOWN CURB BACK OF CURE BUILDING D UNIT 104 BLDG. TYPE B 1947 Q. FT.

1.0' •.0° 12.4 SECOND FLOOR 632 SQ.FT.

the $3.4' P - PATIO 0 - GARAGE

° P-104 L.C.E.

12.2 10,8' 5.0° DRIVEWAY LC.E.

8-104 L.C.E.

LAY DOWN CURB BACK OF CURE BUILDING D UNIT 104 BLDG. TYPE B 1947 Q. FT.

1.0' •.0° 12.4 SECOND FLOOR 632 SQ.FT.

the $3.4' P - PATIO 0 - GARAGE G.C.E,- GENERAL COMMON ELEMENT L.C.E. LIMITED COMMON ELEMENT 09249 S.W. SIDE WALK 0353 CSCIEN 1280 Capital of Texas Highway Bo Avetta, a 70146 33 CAPITAL TAY TUNGKO INCORPORATED Building Sul 30 1612) 327-4908) Austin Data Inc. CM ADI10526 TR 3938535.039 10.4' 3.0' 11.4' 5.0 P-105 L.C.E.

DRIVEWAY L.C.E.

H.D' .0% FIRST FLOOR 1813 32. FT.

12.0 P-105 L.CE.

12.8 อา!

10 30.4' 19.1° 8-105 L. C.E.

21.8* BACK OF CURB ELEC.

TRANS.

PAD LAY DOWN CURS 8.5' BUILDING E UNIT 105 BLDG. TYPE B 1945 SQ FEET P.

PATIO ..

SARACE L.C.E.

G.C.E.

GENERAL COMMON ELEMENT LIMITED COMMON ELEMENT249 0354 Austin Data Inc. CM ADI10526 B.O 8.0' 22.4* SECOND FLOOR 332 30. FEET 14.4° 10.4' 3.0 11.4° CSCI 1350 Capital of Isses Highway South Avalia, Tonny 74146 CAPITAL SURVEYING COMPANY.

INCORPORATED Soliging Suite 380 1512) 217-4008 B4200 TR 3938535.040 1.0' 34.7 F.P.

17.0° .o FIRST FIRST FLOOR 904 SQ.FT.

3.3' S.W.

L.C.E.

20.4° 1.7' DRIVEWAY L. C. E.

6-108 L.C.E.

LAYDOWN CURB BACK OF CURS F.P.

P FIREPLACE PATIO 21.3' - GARAGE O.C.E. GENERAL COMMON ELEMENT L.C.E.

8. W.

LIMITED COMMON ELEMENT SIDEWALK 4.5' P-106 L.C.E, Y.4' 11.7' 01 20.3' BUILDING F UNIT 106 ALDG_TYPE A2-R 1560 SQ. FT.

28.4 SECOND FLOOR 856 $Q.FT. { 10.5' 1.0 09249 0355 CSCI 1.250 Capital of Taxas Highway Bouth 78749 CAPITAL SURVEYING COMPANY INCORPORATED Building Suite 380 (512) 327-4006 Austin Data Inc. CM ADI10526 TR 3938535.041 64205 1.0' 20.70 FIREPLACE 17.0' 8.3' P-107 LEL 7.4 (I' FIRST FIRST FLOOR DS SQ. FT.

3.0' 28.4' $.7* 3.3' B.W.

L.C.E.

11.7 DRIVEWAY 1.C.E.

6-107 LAE.

21.3' 1 LAYDOWN CURS FBACK OF cuko 0 P L.C.E.

G.C.E.

GARAGE PATIO

0 FIREPLACE 17.0' 8.3' P-107 LEL 7.4 (I' FIRST FIRST FLOOR DS SQ. FT.

3.0' 28.4' $.7* 3.3' B.W.

L.C.E.

11.7 DRIVEWAY 1.C.E.

6-107 LAE.

21.3' 1 LAYDOWN CURS FBACK OF cuko 0 P L.C.E.

G.C.E.

GARAGE PATIO INLET BUILDING G UNIT 107 BLDG. TYPE A2-R 1559 SQ. FEET LIMITED COMMON ELEMENT 09249 GENERAL COMMON ELEMENT SECOND FLOOR 966 $Q. FT.

20.4' 035 CSCI Austin Data Inc. CM ADI10526 1250 Carts of a Highway Bowth TR 3938535.042 10.5) 1.0 SITAL INVEYING OMPANY NCORPORATED Building Suite 360] 15171 337-4006 14203 i 0.0° 3' 3' INLET P-108 L.C.E.

18.0' 13.0' FIRST FLOOR 1314 SQ. FT.

- 30.4* 12.1' P-108 L.C.E.

12.4 3.0 19.1° 1.0° 8.3' DRIVEWAY L.C.E.

6-108 LCE.

GARAGE LAYDOWN CURB P - PATIO 6 - GARAGE SW. SIDEWALK 21.3' BACK OF CURS INLET ELECTRIC TRANSFORMER PAD BUILDING H UNIT 108 .BLDG. TYPE B 1943 SQ.FT.

O.C.E. GENERAL COMMON ELEMENT LC.E. LIMITED COMMON ELEMENT 09249 1.0 0.0* 22.4 SECOND FLOOR 829 SQ.FT.

35.4' 22.7° 10.4' 3.0 ,1')) 0357 CSCI 1130 Captial of Tazas Highway both Austin, Texas 78740 CARITAL SURVEYING" COMPARE *INCORPORATED Building 1 Sulle 350 512) 327-4006 Austin Data Inc. CM ADI10526 TR 3938535.043 FI 9.0° P-109 L.C.E.

18.0' NO" 12.0' P-109 L.CE.

प FIRST FLOOR 1810 8Q. FT.

IR.3' 30.4" DRIVEWAY L.C.E.

6-109 L.C. E.

21.3°.

BUILDING I UNIT 109 BLDG. TYPE B 1940 SQ. FEET.

G GARAGE P PATIO L.C.E. LIMITED COMMON ELEMENT 09249 0358 B.C.E.

GENERAL COMMON ELEMENT Austin Data Inc. CM ADI10526 10.4° $.0 6.0' 1.0° 22.4' SECOND FLOOR $50 $0 FEET 130 H.4' 22.7° 3.0' CSC 1280 Capital Highway Bouth Austin, Texas 78745 CAPITAL SURVEYING LOVPANY INCORPORATED Building Su 15121 327-4009 RAYDA TR 3938535.044 r DRIVEWAY L.C. C 3 GARAGE P PATIO L.C. E.

FIRST FLOOR 1312 $0. FT.

1.0' 30.4° 0.0° P-110 L.C.E.

19.1° G-110 L.C.E.

12.1' P-110 L.C.E.

£1.0° 18.5 ELECTRIC TRANSFORMER PAD

327-4009 RAYDA TR 3938535.044 r DRIVEWAY L.C. C 3 GARAGE P PATIO L.C. E.

FIRST FLOOR 1312 $0. FT.

1.0' 30.4° 0.0° P-110 L.C.E.

19.1° G-110 L.C.E.

12.1' P-110 L.C.E.

£1.0° 18.5 ELECTRIC TRANSFORMER PAD BUILDING J UNITIO BLDG. TYPE 8 1944 80 FEET 09249 0359 LIMITED COMMON ELEMENT 3.0 8.0° COND!!

14.4 22.4 1.0 33.4' CSCI 1250 Capila of Texas Highway South Austin, Texas 78748 I CAPITAL SURVEYING COMPANY • INCORPORATED Buliding 1 Sulle 380| 16521 327-4000 $42.05.

Austin Data Inc. CM ADI10526 TR 3938535.045 Austin Data Inc.

CM ADI10526 TR 3938535.046 F.P.

09249 0360 F.P.

6.0 FIREPLACE P - PATIO P-111 LC.E.

FIRST FLOOR 471 SQ.FT.

ས F.P.

S.W.

LC.E.

6-111 LGE FIRST FLOOR 468 SQ.FT.

FIRST LEVEL P-112 L.CE. & BUILDING K UNIT 113 BLDG. TYPE C TOTAL 2144 SQ. FT.

F.P.

BUILDING K UNIT 114 BLDG. TYPE C TOTAL 2271 SQ. FT.

1.9' P-113 L.C.E.

10.8' FIRST FLOOR 468 SQ. FT.

50.8' L.C.E.

6-112 L.C.E.

DRIVEWAY L.C.E.

BUILDING K UNIT III BLDG. TYPE C TOTAL 2146 SQ.FT.

DRIVEWAY L.C.E.

BUILDING K UNIT 112 · BLDG. TYPE C TOTAL 2140 SQ.FT.

LC.E.

G - GARAGE SW. SIDEWALK LC.E. LIMITED COMMON ELEMENT ESCI 1280 Capital of Tess Highway South [Avalia, Taqy 78768 „APITAL SURVEYING COMPANY DE "UNCORPORATED Building 1 Suite 380.

($12) 327-4006 4.0° F.P.

10.8' FIRST FLOOR 628 SQ.FT.

G-113 L. C.E.

19.5' DRIVEWAY L.C.E.

S.W.

L.C.E -114 L.C.E.

$.4 19. a' DRIVEWAY L.C.E.

Austin Data Inc CM ADT10526 TR 3938535.047 09249 0361 L-III L.C.E.

F. P.

17.4' SECOND FLOOR 906 SQ. FT.

20.5' 43.3 12.0" 8-111 L.C.E.

F.P.

E."

L-112 LC.E.

17.4 SECOND FLOOR 906 SQ.FT.

26. g' 45.3° 13.7 ,0 21 8-112 L.C.E.

BUILDING K UNIT III BLDG. TYPE C TOTAL 2146 SQ.FT.

STW.

L.C.E .B' L-113 L.C.E.

BUILDING K UNIT 112 BLDG. TYPE C TOTAL 2140 SQ.FT.

F.P.- FIREPLACE 8 • BALCONY L - LANDING STW. STAIRWAY L.C.E.-LIMITED COMMON ELEMENT CSCI

I BLDG. TYPE C TOTAL 2146 SQ.FT.

STW.

L.C.E .B' L-113 L.C.E.

BUILDING K UNIT 112 BLDG. TYPE C TOTAL 2140 SQ.FT.

F.P.- FIREPLACE 8 • BALCONY L - LANDING STW. STAIRWAY L.C.E.-LIMITED COMMON ELEMENT CSCI Teas Highway South 1260 Capital Austin, Tez 76740 CAMITAL SURVEYING COMPANY INCORPORATED Building 1 Suite 3801 15121 327-4006) STW.

L.C.E.

BUILDING K UNIT 113 BLDG. TYPE C TOTAL 2144 SQ.FT.

F.P.

17.4 SECOND FLOOR 912 SQ. FT.

28.8' 43.5° 13.7' 12.0° 3.0' B-113 L.C.E.

BUILDING K UNIT 114 BLDG. TYPE C TOTAL 2271 SQ.FT.

F. P.

L-114 L.C.E.

STW.

LC.E (7.4' SECOND FLOOR 890 SQ.FT.

26.8' 43.3' 13.7' 12.0° 8.9 8-114 LO.E.

1.0° SECOND LEVEL Austin Data Inc.

CM ADI 10526 TR 3938535.048 09249 0362 B- BALCONY F.P.

17.5' THIRD 767 FLOOR SQ. FT.

F.P.

L.C.E.

17,4 B-111 L.C.E, LC.E. LIMITED COMMON ELEMENT 19.9' THIND 764 8-112 L.C.E.

11 BUILDING K UNIT 113 C BLDG. TYPE TOTAL 2144 SQ. FT.

THIRD 764 FLOOR SQ.FT.

8-113 L.C.E.

0.0' BUILDING K UNIT 114 BLDG. TYPE C TOTAL 2271 SQ. FT.

F. P.

17.44 FLOOR SQ.FT.

8-112 L.C.E.

F. P.

17.4' 20.6' 19.0' -8-113 26.8' 24.7 THIRD FLOOR 753 SQ.FT.

BUILDING K UNIT III BLDG. TYPE C TOTAL 2146 SQ.FT.

BUILDING K UNIT 112 ESCE 1390 Capital of Tends Highway South Avelin, Texas 78746 BLDG. TYPE C TOTAL 2140 SQ. FT.

LASTAL SURVEYING COMPANY INCORPORATED Wuilding 1 Su (512) 327-4006 0-114 LC.E.

THIRD LEVEL 8-114 LC 16.1' °° 1.0° 12.4' 10.7' 20.4 F.P.

17.0' 6.9' P-115 L.C.E.

14.0° SECOND FLOOR 1858 SQ.FT.

26.4' FIRST FLOOR 903 SQ.FT.

25.4' BUILDING L UNIT 115 BLDG. TYPE A2 1561 SQ.FT.

•.7' 11.r' 3.3' S.W. L.C.E.

6-115 L.C.E.

DRIVEWAY L.C.E.

21.3' I F.P. FIREPLACE P - PATIO 3 3. W.

GARAGE SIDEWALK G. C.E. GENERAL COMMON ELEMENT L.C.E. LIMITED COMMON ELEMENT 09249 0363 ESCI 1250 Capital of Texas Highway South A 78746 CAPITAL SURVEYING COMPANY INCORPORATED

EPLACE P - PATIO 3 3. W.

GARAGE SIDEWALK G. C.E. GENERAL COMMON ELEMENT L.C.E. LIMITED COMMON ELEMENT 09249 0363 ESCI 1250 Capital of Texas Highway South A 78746 CAPITAL SURVEYING COMPANY INCORPORATED Buliding 3 Seria 330.

1512] 337-4008!

Austin Data Inc. CM ADI 10526 TR 3938535.049 GARAGE P PATIO L.C.E.

SECOND FLOOR 657 $0. FEET 28.4' 0.6' BUILDING M UNIT 116 BLDG. TYPE A2 1560 SQ. FT.

FIREPLACE 17.0 9.'

P-116 L.CE.

7.4 3.0 FLOOR L FIRST FLOOR 103 10. FT.

28.4* 36.7 14.0° 11.7° 3.3' NIDEWALK L.C.E.

0-116 L.CE.

21.3' 9783 DRIVEWAY L.C.E.

CSCIA 09249 0364 | Austin, Texas, 78746 1250 Copil of Texas Highway th CAPITAL SURVEYING COMPANY INCORPORATED Building S 15121 327-4006 LIMITED COMMON ELEMENT Austin Data Inc. CM ADI 10526 TR 3938535.050 84205 F.P. FIREPLACE P - PATIO в - GARAGE S.W.

SIDEWALK G.C.E. GENERAL COMMON ELEMENT L.C.E. LIMITED COMMON ELEMENT 20.5' FY.

5.

P-117 LC.E.

25.8 7.3' ELECTRIC TRANSFORMẸN PAD 11.7 6-117 L.C.E.

20.8' BUILDING N UNIT 117 BLDG. TYPE A2 3557 30. FT.

DRIVEWAY LC. E.

09249 _CURE RACK OF CURD LAYDOWN CURB 4.0' FIRST FLOOR) 901 SQ. FT.

28.8° 0365 ESCI 1360 Captial of Texas Highway South 76746 CAPITAL SURVE TING COMPANY INCORPORATED Welding Silb÷30.

(512) 327-4008 Austin Data Inc.

CM ADI10526 TR 3938535.051 3.3' S. W.

L.C.E.

F.P.

17.0' 36.7'1 (4.0° '3.0' 9.0' SECOND FLOOR 657 SQ. FT.

26.4' 0.7' 28.4' ' BUILDING O UNIT 118 BLDG. TYPE A2 1661 SQ.FT.

12.0' B.'

F.P.

17.0' P-118 L.C.E.

7.4 14,0° 8.0 ✓ FIRST FLOOR!

904 SQ.FT.

H.7' 6-118 L.C.E.

20.3' DRIVEWAY L.C.E.

BACK OF OUR LAYDOWN CURS 6.7' F.P. – FIREPLACE P - PATIO 6 - GARAGE 8.W. SIDEWALK 6.C.E.- GENERAL COMMON ELEMENT 09249 L.C.E. LIMITED COMMON ELEMENT 0366 CSCI 1280 Čepilat of Tease Highway houth Austin Jazes 20249 CAPITAL “EGYPANY INCOLPORATED Sellding 1. Selle 350

LK 6.C.E.- GENERAL COMMON ELEMENT 09249 L.C.E. LIMITED COMMON ELEMENT 0366 CSCI 1280 Čepilat of Tease Highway houth Austin Jazes 20249 CAPITAL “EGYPANY INCOLPORATED Sellding 1. Selle 350 121327-4000 14205 Austin Data Inc. CM ADI10526 TR 3938535.052 3.3' S. W.

L.C. E.

5.σ 1 F.P. FIREPLACE P - PATIO 3 - GARAGE S.W.

SIDE WALK SECOND FLOOR 1658 SQ.FT.

B.C.E. GENERAL COMMON ELEME 9249 L.C.E. LIMITED COMMON ELEMENT (17' F.P.

17.0' 5.0' P-119 ☑L.C.E.

6-119 L.C.E.

20.3' 7.4' FIRST FLOOR} 903 SQ.FT.

26.4' 6.7* 21.7° 3.3' S. W.

L.C.E.

BUILDING P UNIT11 BLDG. TYPE A2 1861 Q. FT.

DRIVEWAY L.C.E.

ELECTRIC TRANSFORMERPAD 0367 Austin Data Inc. CM ADI10526 LAYDOWN CURB BACK OF CURD ESCI 1250 Capital of Highway South Austin, Texas 76746 CAPITAL SURVEYING COMPANY INCORPORATED Building Suite 280 15121 327-4004 TUN TR 3938535.053 2'94 20.7 14.0' 1.0 F. P. - FIREPLACE P - PATIO 3 - GARAGE 8. W.

SIDEWALK 25.4 9.0' F.P.

17.0' P-120 L.C.E.

7.9' 14.0° SECOND FLOOR L655 SQ. FT.

3,0' LOOR L 90) SQ.FT.

26.51 I' B.C.E. GENERAL COMMON ELEME 9249 L.C.E. LIMITED COMMON ELEMENT 11.7' 0-120 L.C.E.

20.3' BUILDING Q UNIT 120 BLDG, TYPE A2 1556 SQ. FT.

DRIVEWAY L.C.E.

0368 Austin Data Inc. CM ADI10526 28.8' 3.3' S.W.

L.C.E.

LAYDOWN CURB BRACK BACK OF CURE CSCI 1350 Capital of Taxes Highway Soulh Austin, Texas 78748 CAPITAL SURVEYING COMPATI INCORPORATED "Building & Guilo 200 TR 3938535.054 59.7 F.P. FIREPLACE P - PATIO G GARAGE SW SIDEWALK 6.C.E. GENERAL COMMON ELEMENT L.C.E. LIMITED COMMON ELEMENT 25.3 SECOND FLOOR 28.31 20'4 4.7 17.7° -121 L.C.E.

20.1' BUILDING R UNIT 121 BLDG. TYPE A2 1557 SQ.FT.

DRIVEWAY L.C.E.

09249 0369 Austin Data Inc. CM ADI10526 TR 6.0' P-121 L.C.E.

7.8' 14.0° FLOOR FIRST FLOOR 902 $Q.FT.

28.3° 21.0 3.3' S. W.

21 L.C.E.

20.1' BUILDING R UNIT 121 BLDG. TYPE A2 1557 SQ.FT.

DRIVEWAY L.C.E.

09249 0369 Austin Data Inc. CM ADI10526 TR 6.0' P-121 L.C.E.

7.8' 14.0° FLOOR FIRST FLOOR 902 $Q.FT.

28.3° 21.0 3.3' S. W.

L.C.E.

LAYDOWN CURB SACK OF CURB ESCI 1250 Capital al fores Highway houth 3938535.055 CAPITAL SURVEYING COMPANY INCORPORATED Building .ME F.P.

19.0° t.Ơ 14,0° EXHIBIT "C" OWNERSHIP INTERESTS Unit Building Ownership Interest 101 A 4.16B 102 B 4.168 103 C 5.188 104 D 5.188 105 E 5.18% 106 F 4.16% 107 G 4.16% 108 H 5.18% 109 I 5.18% 110 J 5.188 111 K 5.718 112 K 5.718 113 K 5.718 114 K 6.038 115 L 4.168 116 M 4.168 117 N 4.168 118 0 4.168 119 P 4.168 120 Q 4.168 121 R 4.16% 2-685.129 STEWART TITLE AUSTIN, INC.

812 San Antonio St.

Austin, Texas 78701 National Closing Div.

GF#: ART BILL PRATT RETURN TO: Stewart Sitte FILED RECORDERS MEMORANDUM ALL OR PARTS OF THE TEXT OF THIS INSTRUMENT WAS NOT CLEARLY LEGIBLE FOR SATISFACTORY RECORDATION 1985 JUL -9 AM 855 Doris Anapoline COUNTY CLERK TRAVIS COUNTY. TEXAS STATE OF TEXAS COUNTY OF TRANS She spine time and herson by and sment was FILED DRE in the Volume and Pigs of the RECORICE of Privis County, Iowa, and 09249 0370 EXHIBIT C COOR JUL 9 1985 Dois Ansperine COUNTY CLERK TRAVIS COUNTY, TEXAS Austin Data Inc.

CM ADI 10526 TR 3938535.056